NSTP 1 Module 2 Bill Of Rights 1987 Philippine Constitution PDF

NSTP 1 MODULE 2: BILL OF RIGHTS 1987 Philippine Constitution Article III What is Bill of Rights? A declaration and enumeration of a person’s rights and privileges which the Constitution d...

NSTP 1 MODULE 2: BILL OF RIGHTS 1987 Philippine Constitution Article III What is Bill of Rights? A declaration and enumeration of a person’s rights and privileges which the Constitution designed to protect against violations by the government, or by an individual or groups of individuals A charter of liberties for the individual and a limitation upon the power of the state. Basis: Human being has an intrinsic dignity and worth which must be respected and protected Embodies statements of individual (person) rights and immunities to protect him from government excesses and oppression - Substantial Rights - basic human rights - Procedural Rights - right to a procedure to enforce that right Classes of Rights: 1. Natural Rights - Rights given to man by God (Right to life, Right to property, Right to love) 2. Constitutional Rights - Rights conferred and protected by the Constitution. This cannot be modified or taken away by the law-making body (e.g. Bill of Rights) 3. Statutory Rights - Rights provided by the laws promulgated by the law-making body and, consequently maybe abolished by the same body. Classifications of constitutional rights: POLITICAL RIGHTS - Those which relate to the participation of the individual directly or indirectly in the establishment and administration of the government (e.g. citizenship, suffrage) CIVIL RIGHTS - Those accorded to every member (citizen) of the state for the enjoyment of his/her membership (e.g. EQUAL PROTECTION OF LAW (Sec. 1); against involuntary servitude (sec. 18); imprisonment due to non-payment of debt/poll tax Sec. 20; religious freedom Sec. 5.) SOCIAL AND ECONOMIC RIGHTS RIGHTS OF THE ACCUSED Article III: First Ten Sections (1-10) 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 (Right to Due Process) ❖ Deprivation of life, liberty and property is with due process if is done : Under the authority of a law that is valid (Constitution)  After compliance with fair and reasonable methods of procedure (law) ❖ There is denial of due process where an accused has been charged with an offense (theft) and convicted of another (robbery) Section 2: RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES 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 to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. ❖ Search warrant - an order in writing, issued in the name of the people of the Philippines, signed by a judge and directed to a peace officer commanding him to search ❖ Warrant of arrest - a command to arrest a person designated, i.e., to take him into custody in order that he may be bound to answer for the commission of an offense. Section 3: PRIVACY OF COMMUNICATION 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. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. ❖ Privacy of Communication Includes: Letters, text messages, phone calls, radio messages Exemption: Order of court, and public safety Section 4: RIGHT TO FREE SPEECH AND EXPRESSION 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. ✓ Speech – verbal ✓ Expression – non verbal ✓ Press – the tri-media (radio, TV, print) Not absolute. Slander (, libel (paninirang-puri) and obscenity (kahalayan) not allowed Section 5: RIGHT TO RELIGIOUS PROFESSION AND WORSHIP 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. No religious test shall be required for the exercise of civil or political rights Section 6: LIBERTY OF ABODE AND RIGHT TO TRAVEL 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. A person can live and travel anywhere Exemption: some people cannot have this: Mentally-ill With communicable disease Arrested because of a crime Civilians during war/national emergency Section 7: RIGHT TO INFORMATION OF PUBLIC CONCERN 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, shall be afforded the citizen, subject to such limitations as may be provided by law ✓ Right to access records of the government ✓ To reduce public suspicion Section 8: RIGHT TO FORM ASSOCIATIONS 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. Limitation: If the association is a threat to public order, public peace, public morals, or public safety Section 9: Right to Just Compensation for Private Property Taken by the Government Private property shall not be taken for public use without just compensation ❑ The government has 3 Inherent Powers Eminent domain Police power Taxation Section 10: PROTECTION OF CONTRACTS AND OBLIGATIONS No law impairing the obligation of contracts shall be passed. Honor the contract, do not alter the terms and conditions without consent of parties involved Article III: Rights of the Accused (11-) Section 11: FREE ACCESS TO COURTS Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty (e.g. Public Attorney’s Office or PAO) Section 12: RIGHT OF PERSON UNDER CUSTODIAL INVESTIGATION 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. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel Miranda Rights/Rules - provides that before a person under a custodial investigation is questioned, he must be informed of the following: 1. The right to remain silent 2. Anything he says can and will be used against him in the court; and 3. The right of a counsel and that if he cannot afford one, the government will provide for him. 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 Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. Section 13: RIGHT TO BAIL AND AGAINST EXCESSIVE BAIL 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. Excessive bail shall not be required Writ of Habeas Corpus - Bail - security required by a court given for the provisional or temporary release of a person who is in the custody of the law conditioned upon his appearance before any court as required under the conditions specified. 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: RIGHTS OF THE ACCUSED No person shall be held to answer for a criminal offense without due process of law. 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 Presumed innocent - a safeguard against false conviction, presumption of innocence is a guarantee that no person shall be convicted of a crime except upon confession or unless his guilt is established by proof beyond reasonable doubt However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable Arraignment - made in open court by the judge or clerk, and consists in furnishing the accused a copy of the complaint or information with the list of witnesses, reading the same in the language or dialect known to him and asking him whether he pleads guilty or not guilty. Section 15: RIGHTS OF THE ACCUSED 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: No person shall be compelled to be a witness against himself Section 18: No person shall be detained solely by reason of his political beliefs and aspirations. Section 19: 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 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. BILL OF ATTAINDER – legislative act that singles out an individual or group for punishment without a trial. UNIVERSAL DECLARATION OF HUMAN RIGHTS What is Human Rights? Inalienable moral entitlements Attach to all persons equally Specify the minimum conditions for human dignity and a tolerable life What Human Rights do? Define government power – What government cannot do – What government must do Challenge exercise of power Contribute to government’s legitimacy and reputation Human Rights vs. Civil rights Human rights - human attributes Civil rights - government-recognized Constitutions Statutes Universal Declaration of Human Rights Catalogue of rights Normative and prescriptive Not legally binding Not necessarily consistent with views/practices of nations Assumptions: World is “human family” Rights are foundation of freedom, justice, peace Everyone has duty to teach, educate, promote human rights