3.1 PRIVILEGES AND RIGHTS-LECTURE.ppt

 FAITH Prayer We praise and thank you dear God, for the blessing you have showered upon us. Empower us that we may have the intelligence to be competent, and perform the best way we can. The will for total commitment to truth, justice, freedom, peace and unity among people...

 FAITH Prayer We praise and thank you dear God, for the blessing you have showered upon us. Empower us that we may have the intelligence to be competent, and perform the best way we can. The will for total commitment to truth, justice, freedom, peace and unity among people and the environment, and the heart to be compassionate and sensitive to the needs of others especially the poor. This we ask in the name of Mary, our mother and Jesus our lord, Amen. Mater Fidelium, Mater fidelis, Ora Pro Nobis Look at the image and think about your perception of it. Do you think it is important to know your rights and privileges as a Filipino citizen? Privileges and Rights of the Filipino Citizen  BILL OF RIGHTS Is a declaration and enumeration of a person’s rights and privileges which the Constitution is designed to protect against violations by the government , or by individual or groups of individuals.  TYPES OF RIGHTS Natural rights Constitutional rights Statutory rights  A. Natural rights  They are those rights possessed by every citizen without being granted by the State for they are given to man by God as a human being created to His image so that he may live a happy life. B. Constitutional Rights They are part of the fundamental law, they cannot be modified or taken away by the law – making body. C. Statutory Rights A rights which are provided by laws promulgated by the law –making body and, consequently, may be abolished by the same body.  CLASSIFICATION OF CONSTITUIONAL RIGHTS Political rights Civil rights Social and economic right Rights of the accused A. Political Rights  They are such rights of the citizens which give them the power to participate, directly or indirectly, in the establishment or administration of the government. B. Civil Rights  They are those rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness. C. Social and Economic Rights They include those right s which are intended to insure the well-being and economic security of the individual. D. Right of the Accused  They are the (civil) rights intended for the protection of a person accused of any crime, like the right to presumption of innocence, right to a speedy , impartial, and public trial , and the right against cruel , degrading, or inhuman punishment.  ARTICLE 3 BILL OF RIGHTS Section 1. 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. Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause A private individual can arrest a criminal even without a warrant, this is called “ CITIZEN ARREST”. Warrantless Arrest is allowed under the following circumstances: 1. Flagrante Delicto (Caught in the Act); 2. Hot Pursuit Operation; 3. Arrest of Fugitive. Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I Warrantless Arrest 1. Flagrante Delicto (Caught in the Act)  Person to be arrested is actually committing, is attempting to commit an offense;  Such commission is in the presence of the arresting individual;  Arresting individual has personal knowledge of such commission. Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I Warrantless Arrest 2. Hot Pursuit – Hot Pursuit Arrest takes effect when a crime has just in fact been committed and the arresting officer or private individual has probable cause to believe based on personal facts or circumstances that the person to be arrested has committed it.  Warrantless Arrest 3. Arrest of Fugitive – When a person to be arrested is a prisoner who escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another. Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. (2) Any evidence obtained in violation of these or the preceding section shall be inadmissible for any purpose in any proceeding. A telephone conversation between two (2) drug pushers secretly recorded by police officers by tapping its wire without court order is not acceptable. As evidence in court due to the privacy of communication enshrined in the Philippine Constitution. However, recording of conversation through telephone extension is not a violation of the Anti-Wire Tapping Law. Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. 1. Freedom of Speech – means an individual is free to speak or utter whatever he wants without prior restraint. 2. Right to a Free Press – means an individual is free to write, publish, and circulate whatever he pleases without restraint. 3. Freedom of Assembly – refers mainly to peaceful demonstrations related to public affairs. 4. The Right of Petition - to take up one’s grievances with government without fear of persecution.  Freedom of Speech is not absolute, neither is a Free Press. Limitations to Freedom of Speech i. Severe calumny; ii. Anything lewd or obscene; iii. Anything that provokes violence or disorder; iv. Seditious messages; v. “Clear and present danger”.  Forms of Calumny 1. Libel - untruthful information/character assassination in written, and using print or broadcast media. 2. Slander - spoken untruthful information / character assassination. Clear and Present Danger – if the uttered threat seems serious (i.e. the intent appears to be serious), immediate, grave and realistic. Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed.  Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.  Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Section 9. Right to just compensation Private property shall not be taken for public use without just compensation. “Ang mga pribadong ariarian ay hindi dapat kunin ukol sa gamit pambayan nang walang wastong kabayaran.” Section 10. Non-impairment clause No law impairing the obligation of contracts* shall be passed. “Hindi dapat magpatibay ng batas na sisira sa pananagutan ng mga kontrata.” *Obligation of contracts is the legal duty of the contractors to fulfill the promise stated in the contract. The reasonable capacity of a man to do, or to refrain from doing something is considered before questioning the obligation of contracts. Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Section 12. Right of Person under Custodial Investigation (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.  Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Bail – is the security (usually a deposit of money) required by a court for the temporary release of a person who is in the custody of the law provided that his appearance in trials may be ensured. Habeas corpus- protection against illegal imprisonment  Non-Bailable Crimes 1. Kidnapping; 2. Murder; 3. Rape; 4. Drug-Pushing; 5. Carnapping; 6. Or Crimes Under the Heinous Crime Law, Plunder Law and Dangerous Drugs Law. Section 14. Right of the Accused (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it. Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies. Section 17. Right against self- incrimination No person shall be compelled to be a witness against himself. Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.  Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. Section 20. No person shall be imprisoned for debt or non- payment of a poll tax. Section 21.  No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Section 22. No ex post facto law or bill of attainder shall be enacted Ex Post Facto Law – law which retroactively affects the right or condition of an accused who committed a crime prior to its effectivity. Bill of Attainder – punishment without a judicial trial