If the power of the government is unlimited then the result would tyranny. Hence, in a democratic state the bill of rights is inserted to the provision of the constitution, to addressed the State, notably the government, telling it what it cannot do to the individual. All the powers of the government (police power, power of eminent domain and power of taxation) are limited by the bill of rights. It is a guarantee that there are certain areas of person’s life, liberty or property which government power may not touch. Example, it is stated on the Philippine Constitution, that “no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.”
Due Process of law means it hears before it condemns, which proceeds upon inquiry and renders judgment only after trial. Applies to all persons, without regard to any difference in race, color or nationality. The right to life includes the right of an individual to his body in its completeness, free from dismemberment, and extends to the use of God-given faculties which make life enjoyable. The right to liberty which includes the right to exist and the right to be free from arbitrary personal restraint or servitude. The right to property is anything that come under the right of ownership and be the subject of contract. It represents more than the things a person owns; it includes the right to secure, use and dispose of them.
Equal protection of the law is embraced in the concept of due process, as every unfair discrimination offends the requirements of justice and fair play. It has nonetheless been embodied in a separate clause in Section 1 of Article III to provide for a more specific guaranty against any form of undue favoritism or hostility from the government. Arbitrariness in general may be challenged on the basis of the due process clause. But if the particular act assailed partakes of an unwarranted partiality or prejudice, the sharper weapon to cut it down is the equal protection clause
Other rights provided in a democratic state are the following:
1. Political rights which is granted by law to members of a community in relation to their direct or indirect participation in the establishment or administration of government.
2. Civil Rights which municipal law will enforce at the instance of private individuals for the purpose of securing them the enjoyment of their means of happiness.
3. Social and Economics Rights which generally require implementing legislation.
References
Lectures Notes from the following persons: (1) Atty. Edwin Sandoval, (2) Jusitce Eduardo Antonio Nachura, (3) Father Joaguin Bernas, (4) Justice Isagani Cruz and (5) Atty Agpalo