1987 Philippines Constitution - Article III - Bill of Rights PDF

ARALING PANLIPUNAN 10 | LESSON 1 PART I THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES — ARTICLE III BILL OF RIGHTS SECTION 1: RIGHT OF LIFE No person shall be deprived of life, liberty, or property without due process of law.​ This provision ensures that no person sh...

ARALING PANLIPUNAN 10 | LESSON 1 PART I THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES — ARTICLE III BILL OF RIGHTS SECTION 1: RIGHT OF LIFE No person shall be deprived of life, liberty, or property without due process of law.​ This provision ensures that no person shall be denied the equal protection of the laws. It protects individuals' rights by emphasizing due process and equality, thereby serving as a fundamental safeguard against arbitrary deprivation of fundamental rights. SECTION 2: RIGHT OF THE PEOPLE TO BE SECURE People have the right to feel safe in their own homes and personal belongings. It means that no one can search your home or take your things without a good reason, which must be approved by a judge. ​This section ensures that searches or arrests can only happen if there is enough proof that something suspicious is going on, protecting people's privacy and security against unreasonable actions by authorities​. SECTION 3: RIGHT OR PRIVACY OF COMMUNICATION It explains the right to privacy in communication and correspondence.​ People's private messages and letters cannot be interfered with or accessed by others unless a court says it is okay, or if there is an urgent need for public safety. If someone gets information in a way that violates this right, that information cannot be used in court. This section protects the confidentiality of personal communications, ensuring that people can communicate freely without unwarranted intrusion. SECTION 4: RIGHT TO SPEECH ​ Section 4 guarantees the freedom of speech, expression, and the press.​People can express their thoughts and opinions openly, share information, and criticize the government without fear of punishment. It also allows people to gather peacefully and ask the government to address their concerns or complaints. This section ensures that everyone's voice can be heard and helps maintain a democratic society where differing views are respected. SECTION 5: RIGHT OR FREEDOM OF RELIGION ​Section 5 ensures the freedom of religion.​ people are free to practice their religion and can worship as they choose without any discrimination or restrictions. The government cannot create laws that favor one religion over another or prevent people from exercising their religious beliefs. SECTION 6: RIGHT TO TRAVEL OR LIBERTY TO ABODE This protects the freedom to choose where to live and the right to travel.​People can decide where to live and can travel without restrictions. However, they can be limited by a court order, and in situations where national security, public safety, or public health is a concern, the government can impose restrictions. ​ Persona non grata -​ a Latin phrase meaning "person not welcome," -​ a foreign diplomat has been declared unacceptable by the host country, leading to their request for recall​. -​ The host state can designate someone as persona non grata at any time without needing to provide an explanation. -​ may also refer to individuals who are socially unwelcome in certain circles or places. ➔​ Individuals can be evicted for non-payment of rent.​If a tenant fails to pay rent, landlords have the legal right to evict them following proper legal procedures. SECTION 7: RIGHT TO ACCESS OF PUBLIC DOCUMENTS It emphasizes the people's right to access information about public matters.​ Citizens have the right to know what the government is doing, and they can request official records and documents related to government actions and decisions. However, this right is subject to certain restrictions that may be defined by law to protect privacy and public interest. ​ Examples of public documents -​ Confidential funds -​ official records, documents, and papers related to government acts, transactions, or decisions. -​ government research data used for policy development, financial and business interests of public officials -​ statements of assets, liabilities, and net worth (SALNs) of government employees -​ Birth certificate, passport, national I.D. etc. ➔​ Pork barrel - the practice of appropriating government spending for localized projects aimed at benefiting specific districts or constituents, primarily to secure political support SECTION 8: RIGHT TO FORM UNIONS Section 8 states that everyone has the right to form unions, associations, or societies as long as their purpose is legal.​ Individuals, whether they work in public or private jobs, can come together to create groups or organizations to advocate for their interests, such as labor unions or social organizations, without interference from the government. ​ Anti-hazing law -​ The Anti-Hazing Law in the Philippines, officially known as the Anti-Hazing Act of 2018 (Republic Act No. 11053), was enacted on June 29, 2018, to eradicate the violent tradition of hazing associated with fraternities, sororities, and other organizations. -​ This law expanded the definition of hazing to encompass all forms of physical and psychological abuse inflicted during initiation rites, not just physical harm. -​ ​The law categorically prohibits all forms of hazing, imposing severe penalties, including life imprisonment for acts resulting in death or serious bodily harm​. ➔​ Hazing - any activity expected of someone in joining or participating in a group that humiliates, degrades, abuses, or endangers them regardless of a person's willingness to participate SECTION 9: POWER OF THE STATE AND EMINENT DOMAIN ​Section 9 states that the government cannot take away private property for public use unless the owner is compensated fairly.​ If the government needs land or property for projects like roads or schools, they must pay the property owner a just amount for it. ​ Powers of State 1.​ POLICE POWER - authority of states and the federal government to regulate behavior and enforce order within their territory for the benefit of public health, safety, morals, and general welfare​ 2.​ POWER OF TAXATION - the government’s ability to impose and collect taxes from individuals and businesses 3.​ POWER OF THE PEOPLE - refers to grassroots movements where communities unite to collectively determine their desired changes and to act towards realizing those changes 4.​ POWER OF EMINENT DOMAIN - allows governments to take private property for public use, provided they offer just compensation to the property owners ➔​ Compensation: monetary payment given to an individual in exchange for their services ◆​ FAIR/JUST COMPENSATION: refers to the legal requirement that property owners receive a monetary amount equivalent to the market value of their property when it is taken by the government for public use​ ◆​ WILLINGNESS TO COMPENSATE: pertains to the government's readiness or ability to offer a certain amount of money to property owners, which may not always align with the fair value of the property SECTION 10: No law impairing the obligation of contracts shall be passed ​ ​Section 10 prohibits the government from passing any law that would impair or damage existing contracts.​ If people have signed agreements or contracts, the government cannot make laws that would unfairly change or cancel those agreements. SECTION 11: RIGHT TO FREE ACCESS OF COURTS ​Section 11 ensures that everyone has the right to access the courts and receive legal help, especially if they cannot afford it.​No one should be denied help in getting justice just because they are poor. This section aims to make sure that people can seek relief from the courts and have a fair chance in legal matters, regardless of their financial situation. ​ PAO - Public Attorneys Office ​ Notary - a person authorized to perform certain legal formalities, especially to draw up or certify contracts, deeds, and other documents for use in other jurisdictions SECTION 12: MIRANDA RIGHTS Section 12 outlines the rights of individuals under investigation for a crime. ​A person being questioned has the right to know they can remain silent and to have a lawyer, preferably one they choose themselves.​ If they cannot afford a lawyer, the government must provide one for them. No one should be tortured, threatened, or forced to confess, and any evidence obtained unfairly cannot be used against them in court. This section is designed to protect individuals' rights during investigations. ​ Cite in contempt - the Committee, by a vote of a majority of all its members, may punish for contempt any witness before it who disobeys any order of the Committee or refuses to be sworn or to testify or to answer a proper question by the Committee or any of its members, or testifying, testifies falsely or evasively. SECTION 13: RIGHT TO BAIL ​Section 13 ensures that all individuals charged with crimes, except those facing very serious charges with strong evidence, have the right to be released on bail before their trial.​They can pay a set amount of money to ensure their temporary freedom until their case is resolved. The right to bail cannot be taken away even if certain legal privileges are suspended, and it assures that bail amounts should not be excessively high. This section aims to protect the rights of individuals who are presumed innocent until proven guilty. ​ Primary types of cases ➔​ CIVIL CASES Civil cases involve disputes between private parties, such as individuals or organizations, typically concerning rights, obligations, and liabilities. Common examples include contract disputes, property damage claims, family law issues (like divorce and custody), and personal injury cases. The standard of proof in civil cases is based on the preponderance of evidence, meaning that the party bringing the case must demonstrate that their claims are more likely true than not. ➔​ ADMINISTRATIVE CASES Administrative cases involve disputes between individuals or organizations and governmental agencies. These cases can include issues like regulatory compliance, enforcement actions by administrative bodies, and challenges to agency decisions. Administrative law governs these cases, often providing frameworks for appeals or reviews of agency actions. ➔​ CRIMINAL CASES ​ The state brings criminal cases against individuals or organizations accused of violating the law. Criminal offenses are classified into various categories, including infractions, misdemeanors, and felonies. Each type involves different degrees of seriousness, with misdemeanors and felonies being more severe, potentially leading to imprisonment or significant fines. The prosecution must prove the defendant's guilt beyond a reasonable doubt, reflecting the importance of safeguarding individual rights against state power. SECTION 14: RIGHT OF THE ACCUSED OR RIGHT TO DUE PROCESS OF LAW Section 14 outlines the rights of individuals who are accused of crimes. ​Anyone facing criminal charges has the right to be considered innocent until proven guilty.​ This means that the burden of proof is on the prosecution to show that the accused is guilty, and they must do this beyond a reasonable doubt. The accused also has the right to be heard in court with their lawyer, to know what they are being charged with, and to have a fair and quick trial. They can confront witnesses against them and have the ability to compel witnesses to appear in their defense. SECTION 15: HABEAS CORPUS ​ ​Section 15 states that the privilege of the writ of habeas corpus cannot be suspended except during extreme situations like invasion or rebellion when public safety is at risk.​ The writ of habeas corpus is a legal tool that allows individuals to challenge unlawful detention or imprisonment. This section protects people's rights to not be held in jail without proper legal reasoning, and it ensures that this right remains intact unless there are serious threats to safety that justify its suspension. ➔​ INVASION - primarily a military action where armed forces from one geopolitical entity enter the territory of another, often with the intent to conquer, liberate, or exert control ➔​ REBELLION - a violent uprising by a population against its own government, aimed at changing governmental policies or the leadership itself. It often arises from grievances against political authority and is characterized by internal conflict rather than an external military invasion SECTION 16: RIGHT TO A SPEEDY DISPOSITION ​Section 16 guarantees that everyone has the right to a speedy resolution of their cases in court.​ When someone is involved in a legal case, whether it’s a trial or any other legal proceedings, they should not have to wait for an unnecessarily long time for the case to be decided. The aim is to ensure that justice is served quickly and efficiently, helping to prevent delays in the legal process. SECTION 17: RIGHT AGAINST SELF-INCRIMINATION ​ ​Section 17 states that no person can be forced to testify against themselves in court.​ This means that if someone is accused of a crime, they cannot be made to say anything that might make them look guilty. This right protects individuals from being pressured or coerced into confessing or providing evidence that could harm their case. It ensures that people can speak freely without fear of self-incrimination. ​ SELF-INCRIMINATION -​ Self-incrimination allows individuals to refuse to answer questions or provide testimony that may incriminate them in a criminal case. -​ This privilege not only safeguards defendants from potentially self-incriminating testimony but also plays a critical role in various legal proceedings, including trials and interrogations. -​ However, invoking this privilege can also lead to new cases or legal implications. For instance, if a witness refuses to testify based on self-incrimination concerns, the court may still compel testimony under certain conditions, such as when immunity is granted, which means the testimony cannot be used against the individual in subsequent prosecutions. -​ Furthermore, failure to provide testimony may result in contempt of court or lead to other legal repercussions for the individual. -​ Additionally, prosecutors can sometimes utilize prior inconsistent statements to impeach a defendant's credibility if they invoke the privilege during trial proceedings. -​ ​Thus, while the right against self-incrimination serves as a protection, its invocation can inadvertently open pathways to new legal challenges or cases. SECTION 18: NO POLITICAL EXECUTION Section 18 states two important things. First, it ensures that no person can be detained just because of their political beliefs or aspirations, meaning individuals should not be imprisoned simply for their opinions or political views. Second, it states that involuntary servitude, which means being forced to work without pay, is not allowed except as punishment for a crime after being convicted in court. ​ SUB POENA -​ a formal legal document issued by a court or a legal authority that commands an individual to appear in court to give testimony or to produce documents or evidence relevant to a legal proceeding -​ originates from the Latin phrase "sub poena," meaning "under penalty," emphasizing the legal obligation to comply. -​ When a witness refuses to testify or appear in court, several legal consequences may arise. Initially, the court can hold the individual in contempt, which is a legal finding of disrespect towards the court’s authority. This contempt can result in fines, jail time, or both, especially if the refusal occurs in the presence of the court. -​ For witnesses subpoenaed to testify, failing to appear can lead to additional penalties, including potential arrest. In some cases, the witness can be detained until they comply with the subpoena or until the court proceedings conclude. Notably, victims of certain crimes, such as domestic violence, cannot be jailed for failing to testify but may still face contempt fines. SECTION 19: EXCESSIVE FINES First, it states that excessive fines should not be imposed, and cruel or degrading punishments are not allowed. This means the government cannot punish people too harshly or inhumanely. Second, it mentions that the death penalty can only be given for very serious crimes, and if it is imposed, it must be reduced to lifelong imprisonment instead. If the law allows for the death penalty in the future, it can only be for very specific and serious reasons. ​This section focuses on humane treatment and the limitations of harsh punishments in the justice system.​ SECTION 20: No person shall be imprisoned for debt or non-payment of a poll tax ​ ​Section 20 states that no person can be imprisoned just because they owe money or have not paid a poll tax.​This means that individuals cannot be jailed simply for financial debts. SECTION 21: No person shall be twice put in jeopardy of punishment for the same offense ​ ​Section 21 states that no person can be tried or punished more than once for the same crime.​ If someone has already been convicted or found not guilty in a legal case, they cannot be brought to trial again for that same offense. SECTION 22: No ex post facto law or bill of attainder shall be enacted ​Section 22 guarantees that no one can be held in jail without going through a legal process first.​ If someone is accused of a crime, they cannot be detained or imprisoned without being informed of the charges against them and given a chance to defend themselves in court. ​ EX POST FACTO LAW - a law that applies retroactively, meaning it can punish someone for actions that were not illegal when they were performed.​ In simple terms, it makes something illegal after the fact, like punishing someone for a deed that was legal at the time they did it. ​ BILL OF ATTAINDER - an act of a legislature declaring a person or group guilty of a crime and providing for punishment, often without a trial ​ STATUTE OF LIMITATIONS - ​the duration for which a criminal case remains valid for reporting. In the Philippines, the statute of limitations for crimes varies according to the severity of the offense.​ Under the Revised Penal Code, the periods are as follows:  ○​ Reclusión perpetua or reclusión temporal (imprisonment of 12 years and 1 day to 40 years): 20 years ○​ Other afflictive penalties (imprisonment of 6 years and 1 day to 12 years): 15 years ○​ Correctional penalties: 10 years ○​ Arresto mayor (imprisonment of 1 month and 1 day to 6 months): 5 years ○​ Libel and other similar offenses: 1 year ○​ Oral defamation and slander: 6 months ○​ Light penalties (imprisonment of 1 day to 30 days): 2 months ​ ACQUITTAL - a legal judgment that officially clears an individual of criminal charges, resulting in a verdict or finding of "not guilty"​ ​ LAWYER - someone who has completed law school and possesses legal knowledge, but they may not be licensed to practice law or represent clients in court ​ ATTORNEY - a lawyer who has passed the bar exam and is licensed to practice law, which includes the ability to represent clients in legal matters such as trials and negotiations WRITS IN THE PHILIPPINES ​A writ is a formal legal document issued by a court or administrative authority that commands an individual or entity to perform or cease performing a specific act.​ It serves as an order from a legal authority, typically directing someone to act by the law or to provide a remedy for a legal issue. 1.​ WRIT OF HABEAS CORPUS - protects individuals against unlawful detention, allowing a person to seek relief if they are held without lawful justification. 2.​ WRIT OF MANDAMUS - compels a lower court or public authority to perform a duty it is legally obligated to execute. 3.​ WRIT OF QUO WARRANTO - questions an individual's right to hold a public office and can remove someone improperly appointed. 4.​ WRIT OF PROHIBITION - stops a lower court or tribunal from exceeding its jurisdiction or acting unreasonably. 5.​ WRIT OF CERTIORARI - allows higher courts to review the decisions of lower courts to rectify any errors in their proceedings. 6.​ WRIT OF HABEAS DATA - gives people the right to access and control their personal information held by others. It protects privacy and ensures that individuals can correct any wrong information about them. 7.​ WRIT OF AMPARO - protects an individual's right to life, liberty, and security when these rights are violated or threatened by state actors or private individuals​. It was officially declared in 2007 to address issues of extrajudicial killings and enforced disappearances, offering victims and their families a way to seek justice through the courts. 8.​ WRIT OF KALIKASAN - specifically designed to protect the right to a balanced and healthful ecology as enshrined in the Philippine Constitution. This legal remedy applies to situations involving significant environmental damage that threatens the life, health, or property of residents across multiple jurisdictions, thus promoting ecological preservation. 9.​ WRIT OF INJUNCTION - an equitable remedy that orders a party to do or refrain from specific acts, protecting substantial rights during legal proceedings. It can be issued at various stages of a case to maintain the status quo and prevent irreparable harm while the court considers the matter. 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES Article I: National Territory - Defines the national territory of the Philippines. Article II: Declaration of Principles and State Policies - Outlines fundamental principles and policies guiding the government. Article III: Bill of Rights - Enumerates the civil and political rights of individuals. Article IV: Citizenship - Defines who are considered citizens of the Philippines. Article V: Suffrage - Discusses the right to vote, including qualifications and political participation. Article VI: Legislative Department - Establishes the structure, powers, and functions of the legislative branch. Article VII: Executive Department - Outlines the powers and duties of the President and the executive branch. Article VIII: Judicial Department - Defines the structure and powers of the judiciary. Article IX: Constitutional Commissions - Establishes independent constitutional commissions for civil service, elections, and auditing. Article X: Local Government - Provides for the creation and administration of local governments. Article XI: Accountability of Public Officers - Addresses the accountability of public officials, including mechanisms for impeachment. Article XII: National Economy and Patrimony - Sets guidelines for the economic policies and resources of the country. Article XIII: Social Justice and Human Rights - Promotes social justice in all phases of national development. Article XIV: Education, Science and Technology, Arts, Culture, and Sports - Focuses on the promotion of education and cultural heritage. Article XV: The Family - Recognizes the family as the basic autonomous social institution and discusses its role in society. Article XVI: General Provisions - Contains miscellaneous provisions regarding the implementation of the Constitution. Article XVII: Amendments or Revisions - Specifies the processes for amending or revising the Constitution.