Lesson 2 - Bill of Rights PDF

Bill of Rights - Article 3 of The 1987 Philippine Constitution - Is the declaration and enumeration of the individual rights and privileges and is designed to protect violations against individuals and a limitation upon the power of the state. ...

Bill of Rights - Article 3 of The 1987 Philippine Constitution - Is the declaration and enumeration of the individual rights and privileges and is designed to protect violations against individuals and a limitation upon the power of the state.  Article III of the 1987 Bill of Philippine Constitution FREEDOM OF EXPRESSION Rights 4 AND ASSEMBLY RIGHT TO LIFE, LIBERTY AND 1 PROPERTY 5 THE FREEDOM OF RELIGION 2 RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES THE RIGHT TO ABODE AND 6 TRAVEL THE RIGHT TO PRIVACY OF 3 COMMUNICATION AND THE RIGHT TO INFORMATION 7 CORRESPONDENCE ON MATTERS OF PUBLIC CONCERN  Article III of the 1987 Bill of Philippine Constitution THE RIGHT TO HAVE FREE Rights 11 ACCESS TO COURTS AND QUASI- JUDICIAL BODIES 8 THE RIGHT TO FORM ASSOCIATIONS 12 MIRANDA WARNING THE RIGHT TO JUST 9 COMPENSATION WHEN PRIVATE 13 THE RIGHT TO BAIL PROPERTY IS TAKEN FOR PUBLIC USE THE RIGHT OF THE ACCUSED THE RIGHT TO ENTER INTO 1 10 5 PERSON CONTRACTS THE RIGHT TO THE PRIVILEGE 1 5 OF THE WRIT OF HABEAS  Article III of the 1987 Bill of Philippine Constitution THE RIGHT AGAINST EXCESSIVE Rights 19 FINES AND CRUEL, DEGRADING, INHUMAN PUNISHMENT 16 THE RIGHT OF SPEEDY NON-IMPRISONMENT DUE TO TRIAL 20 NON-PAYMENT OF DEBT OR POLL TAX THE RIGHT AGAINST SELF- 17 INCRIMINATION THE RIGHT AGAINST 21 DOUBLE JEOPARDY 18 THE RIGHT AGAINST THE RIGHT AGAINST EX POST INVOLUNTARY SERVITUDE 22 FACTO LAW AND BILL OF ATTAINDER  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.  Due Process. Due process is a law that hears before it condemns. This clause in our fundamental charter means that no person shall deprived of his life, liberty or property unless due process is observed. In other words, a Filipino citizen can be deprived of his life, liberty or property provided he is given the chance to defend himself.  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  Section 2 Search warrant- is 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 for certain personal property and bring it before the court. Warrant of arrest- If the order in writing is issued by the judge to arrest a person or to take him into custody to make him answer or an offense in violation of a law, it is called warrant of arrest.  Section 3 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.  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.  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. No religious test shall be required for the exercise of civil or political rights.  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, shall be afforded the citizen, subject to such limitations as may be provided by law.  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 Private property shall not be taken for public use without just compensation. Power of eminent domain-power of the government to take private property for public use as long as there is proper compensation  Section 10 No law impairing the obligation of contracts shall be passed.  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 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. Section 12  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. Excessive bail shall not be required.  Section 14 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. 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.  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. Writ of Habeas Corpus- The writ of habeas corpus, is the requirement that an arrested person be brought before a judge or court before being detained or imprisoned. It is an order issued by court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place , and to show sufficient cause for holding in custody the individual so detained.  Section 16 All persons shall have the right to a speedy disposition of their cases before all judicial, quasi- judicial, or administrative bodies. This to assure that an innocent person may be free from the anxiety and expense of a court litigation or, if otherwise, of having his guilt determined within the shortest possible time compatible with the presentation and consideration of whatsoever legitimate defense he may interpose  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. (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 the 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 (1) 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.