Unit 4A. Philippine Constitution and the Bill of Rights PDF

UNIT 4.1. Philippine Constitution and Bill of Right Welcome to the fourth unit of our course, where we delve into the heart of Philippine governance: the Philippine Constitution and the Bill of Rights. General Objective...

UNIT 4.1. Philippine Constitution and Bill of Right Welcome to the fourth unit of our course, where we delve into the heart of Philippine governance: the Philippine Constitution and the Bill of Rights. General Objective To provide a comprehensive understanding of the Philippine Constitution, its key articles, and the inherent powers of the state to appreciate its significance in shaping the nation's governance and protecting individual rights. This unit will provide a comprehensive understanding of this foundational document, exploring its historical evolution, key articles, and its vital role in safeguarding individual liberties and ensuring a just and democratic society. We'll begin by examining the nature of a constitution, exploring its purpose, different classifications, and its essential components. Then, we'll embark on a journey through the evolution of Philippine constitutions, tracing their development from the first attempts at self-governance to the current 1987 Constitution. This historical perspective will shed light on how the country's political landscape has evolved over time. Next, we'll delve into the 1987 Philippine Constitution itself, analyzing its key articles and examining how it structures the government, defines fundamental rights, and establishes the principles upon which the nation operates. We'll pay particular attention to Article III: The Bill of Rights, which guarantees fundamental freedoms and safeguards against government overreach. Finally, we'll explore the inherent powers of the state, including police power, eminent domain, taxation, and escheat. Understanding these powers is crucial for appreciating how the government functions and how it interacts with its citizens. This unit will equip you with the knowledge and understanding necessary to navigate the complexities of the Philippine Constitution which will empower you to be an informed and active participant in the democratic process and to advocate for the protection of your own rights. Specific Learning Outcomes At the end of the unit, the students must: identified the key purposes of a constitution; distinguished between different types of constitutions based on their origin, form, and amendment process; explained the advantages of a well-crafted constitution; recognized the essential requisites of a good written constitution; summarized the key articles of the 1987 Philippine Constitution and their significance; defined the inherent powers of the state and provided real-world examples of their application; appreciated the importance of the Constitution as a foundation for a just and democratic society; and demonstrated a sense of civic responsibility and a commitment to upholding the rule of law. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History Learning Outline Topic 1: Nature of Constitution Topic 2: The Evolution of Philippine Constitution Topic 3: The 1987 Philippine Constitution Topic 4: Article III: Bill of Rights of the 1987 Constitution TOPIC 1 Nature of Constitution The first topic delves into the concept of a constitution, its purpose, different classifications, advantages, and essential components. NATURE OF A CONSTITUTION It is a body of rules and principles that guide the exercise of sovereignty within a country, state, or political organization. It establishes, limits, and defines the fundamental powers of the government, distributing these powers among different branches for effective and beneficial governance. It acts as a set of rules that guide how a political entity works, ensuring stability and order. Purpose of a Constitution A constitution serves multiple vital purposes, ensuring a stable and just society. The key purposes of a constitution include: 1. Serves as the supreme and fundamental law: It stands above all other laws and acts as the ultimate source of authority. o The Philippine Constitution is the highest law of the land, and all other laws must be consistent with its provisions. 2. Maintaining law and order: It provides a framework for the legal system, ensuring that everyone is subject to the same rules. o The Constitution establishes a legal system with courts, police, and other institutions to enforce the law and ensure order. 3. Imposing rules and regulations: It establishes the basic framework and underlying principles for governing a nation. o The Philippine Constitution defines the powers of the President, Congress, and the Supreme Court, outlining their roles and responsibilities. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History 4. Protects the basic rights of the people: It guarantees fundamental freedoms and safeguards against tyranny. o The Bill of Rights, enshrined in the Philippine Constitution, guarantees freedom of speech, religion, and assembly. 5. Protecting individual rights and freedom: It ensures that the government cannot infringe on the rights of its citizens. o The Constitution prohibits the government from arbitrarily taking away life, liberty, or property without due process. Types of Constitutions Constitutions can be classified based on their origin, form, and amendment process. A. As to their ORIGIN AND HISTORY: Conventional/Enacted o Enacted by a constituent assembly: A group of elected representatives specifically chosen to draft and approve a new constitution. o The 1987 Philippine Constitution was enacted by a Constitutional Commission. o Granted by the monarch to his subjects: A constitution granted by a monarch to his people, often as a concession of power or to establish a more formal system of governance. o The Canadian Constitution Act, 1867, was granted by the British Parliament. Cumulative/Evolved: A constitution that evolves over time through customs, traditions, judicial decisions, and historical precedents. o The United Kingdom’s constitution is largely unwritten and has evolved over centuries. B. As to their FORM: Written: These constitutions are codified in a single document or a set of documents, often adopted by a special body like a constitutional convention. o The Philippine constitution is a written document and was drafted by a Constitutional Commission. Unwritten: These constitutions are not formally written in a single document but are derived from various sources like Acts of Parliament, judicial decisions, and historical conventions. o United Kingdom, New Zealand, and Israel C. As to the MANNER OF AMENDING THEM Rigid/Inelastic: They are difficult to amend and require special procedures, often involving supermajorities or referendums. Flexible/Elastic: It can be amended or altered through the same process as ordinary laws. Advantages of a Constitution A well-crafted constitution offers numerous advantages for a society. The key advantages of a constitution include: Clearness and definiteness: Provides a clear and concise framework for governance. o The Philippine Constitution clearly defines the powers of the different branches of government. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History Prepared with great care and deliberation: Drafted through a comprehensive process, ensuring thorough consideration of key principles. o The 1987 Philippine Constitution was the result of extensive consultations and debates. Cannot be easily bent or twisted by the legislature or by the courts: Provides a stable and predictable framework for the legal system. o The Philippine Constitution has been interpreted by the Supreme Court, but its fundamental principles remain unchanged. More secure: Protects against arbitrary power and ensures the rule of law. o The Philippine Constitution guarantees due process, preventing the government from arbitrarily depriving citizens of their rights. More stable and free from all dangers: Provides a foundation for a stable and secure society. o The Philippine Constitution has served as a guide for the country's political and social development. Requirements of a Good Written Constitution Brief: A good constitution should be concise and easy to understand. Too much detail can make it cumbersome and difficult to navigate. Comprehensive: It should cover all essential aspects of government, including the distribution of powers, the rights of citizens, and the mechanisms for amendment. Definite: It should be clear and unambiguous, avoiding vague or ambiguous language that can lead to conflicting interpretations. TOPIC 2 The Evolution of the Philippine Constitutions We have a total of six constitutions, starting from the first constitution, the 1899 Malolos Constitution, down to the latest constitution, the 1987 Philippine Constitution. Among these six constitutions, only three effectively governed the country. If you are a visual-auditory learner, you may watch the content of the topic by scanning the QR code on the left. The overall copyright is reserved to Civil Service Review TV. You may also access the video via this URL: https://www.youtube.com/watch?v=Ec1m6AMfWgs A. 1897 BIAK-NA-BATO CONSTITUTION First Attempt at Self-Governance The Biak-na-Bato Constitution of 1897 marked the first attempt by Filipinos to establish a formal government independent of Spanish rule. This constitution, drafted by Isabelo Artacho and Félix Ferrer, was inspired by the Cuban constitution and written in Spanish. It established a Supreme Council, headed by the president and four department secretaries, to govern the fledgling republic. The constitution's primary purpose was to provide a framework for the Philippine Revolutionary Army's governance during the ongoing revolution against Spain. However, the Biak-na-Bato Constitution was NEVER fully implemented. The signing of the Pact of Biak-na-Bato in December 1897, a truce between the Spanish and the revolutionaries, led to the exile of Emilio Aguinaldo and his fellow revolutionaries to Hong Kong. This effectively ended the short-lived Biak-na-Bato Republic. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History B. 1899 MALOLOS CONSTITUTION A Landmark for Philippine Independence The first constitution of the First Philippine Republic, established after the declaration of independence from Spain. Historical Context: o The Philippines had been under Spanish rule for 333 years. o The Pact of Biak-na-Bato, an agreement between Filipino revolutionaries and the Spanish government, failed due to mutual mistrust. o The Philippines declared independence from Spain on June 12, 1898. Salient Features: o Popular Representative Government: Emphasized the power of the people. o Unicameral Legislature: A single legislative body called the Assembly. ▪ Unicameral means that there is only one legislature called the Assembly. The Assembly had full control over the executive power. The president was elected by the Assembly. o Separation of Church and State: Enshrined the principle of religious freedom. o Bill of Rights: Guaranteed basic human rights. o Compulsory Basic Education: Recognized the importance of education. Challenges: o It was NOT fully implemented because of the eruption of the Philippine-US war, in which the Philippines lost the battle and the US began its colonization of the Philippines. C. 1935 COMMONWEALTH CONSTITUTION Transition Towards Independence Historical Context: o The Philippines became a US colony after the Spanish-American War. o The 1935 Constitution provided the legal basis for the Commonwealth government, a transition period before granting independence. Salient Features: o Bicameral Legislature: Composed of a Senate and a House of Representatives. ▪ Bicameral means there are two legislatures, composed of a Senate and a House of Representatives. o Four-Year Presidential Term: The president was elected to a four-year term, together with the vice president, with the possibility of re-election. o Suffrage: It introduced the right of suffrage, or the right to vote, by male citizens of the Philippines who were 21 years of age or over and able to read and write. ▪ The right was extended to women as well. o The 1935 Constitution was not the first constitution, but it was the first one to be fully implemented. Challenges: o Implementation was interrupted because of the Japanese occupation in the Philippines during the American occupation, and the Philippines World War II broke out. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History D. 1943 JAPANESE-SPONSORED CONSTITUTION Brief Interlude Historical Context o The Japanese established the Second Republic of the Philippines during the occupation. o The 1943 Constitution was ratified by Filipino collaborators called the Kapisanan sa Paglilingkod sa Bagong Pilipinas (KALIBAPI) Salient Features: o Strong Executive Powers: The president held significant authority. o Unicameral National Assembly: the legislature was a unicameral National Assembly, and only anti-US candidates could run for election. Challenges: o The 1943 Constitution was not recognized by the US or the Philippine government in exile. It was short-lived due to the return of the Americans and the restoration of the 1935 Constitution. E. 1973 MARCOS ADMINISTRATION CONSTITUTION A Shift Towards Authoritarianism Historical Context: o Ferdinand Marcos declared martial law in 1972, citing the growing communist threat. o The 1973 Constitution was drafted under Marcos' influence and established a parliamentary government. Salient Features: o Parliamentary Government: It established, for the first time in Philippine history, a parliamentary government with a prime minister and the president. o Unicameral National Assembly: Legislative powers were vested in a unicameral National Assembly elected by the people. o Legalization of Marcos Decrees: All presidential decrees, proclamations, and orders were legitimized. Challenges: o The 1973 Constitution was controversial o The 1973 Constitution was controversial as it consolidated power in the hands of Marcos, leading to a period of authoritarian rule. o The 1976 amendment further strengthened Marcos' power, replacing the National Assembly with the Interim Batasang Pambansa and allowing the president to exercise legislative powers until martial law was lifted. F. 1986 FREEDOM CONSTITUTION Transitional Period Historical Context: o The People Power Revolution in 1986 ousted Marcos from power. o President Corazon Aquino, who succeeded Marcos, implemented a transitional constitution. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History Salient Features: o Verbatim Copy of 1973 Constitution: Essentially a copy of the 1973 Constitution, but with the provisions on the Batasang Pambansa removed. o Combined Executive and Legislative Powers: President Aquino held both executive and legislative powers. o Transitional Charter: Served as a temporary measure until a new constitution could be drafted. G. 1987 PHILIPPINE CONSTITUTION A Foundation for Democracy Historical Context: o A Constitutional Commission was created to draft a new constitution after the 1986 revolution. o The 1987 Constitution was ratified through a plebiscite. Salient Features (Four Main Themes) o Upholding national sovereignty o Democratic governance and the prevention of another dictatorship o Respect for human rights and civil liberties o Promotion of social justice Presidential System: Established a system with three branches of government: executive, legislative, and judicial. o Separation of Powers: Ensures a balance of power between the three branches. o Checks and Balances: Provides a system where each branch can limit the power of the others. Significance: o The 1987 Constitution is considered a landmark document, marking a return to democratic governance after years of authoritarian rule. o It serves as a testament to the Filipino people's resilience and their commitment to a just and democratic society. The Philippine Constitution has undergone a complex and dynamic evolution, reflecting the country's struggle for independence, its experiences under different regimes, and its commitment to democracy and human rights. Understanding this evolution is crucial for appreciating the current constitution and its role in shaping the Philippines' political and social landscape. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History TOPIC 3 The 1987 Philippine Constitution In this topic, we'll examine the 1987 Philippine Constitution and its key articles, and the inherent powers of the state. The Constitution serves as the foundation for the country's political system. It outlines the structure of government, defines fundamental rights, and establishes the principles upon which the nation operates. CONTENT OF THE 1987 CONSTITUTION A. CONSTITUTION OF GOVERNMENT The constitution defines the structure of the government, including the legislative, executive, and judicial branches, and outline their respective powers. o The Philippine Constitution establishes a presidential system with a bicameral legislature, an executive branch headed by the President, and an independent judiciary. Key Articles in Constitution of Government Article VI: Legislative Department o Authority: To make laws and alter and repeal them. o Structure: A bicameral legislature consisting of the Senate (upper house) and the House of Representatives (lower house). o Senate: 24 members, elected nationwide. ▪ Qualifications: Must be a citizen of the Philippines, at least 35 years old, a registered voter, and must have resided in the Philippines for at least 2 years immediately preceding the election. o House of Representatives: Not more than 250 members, with 20% coming from party- list representatives. ▪ Qualifications: Must be a citizen of the Philippines, at least 25 years old, a registered voter, and must have resided in the district for at least 1 year immediately preceding the election. o Term of Office: Six years for Senators and three years for Representatives. Article VII: Executive Department o Power: To administer laws, meaning carrying them into practical operation and enforcing their due observance. o Members: President, Vice President, Cabinet members, and heads of executive departments. o Qualifications: ▪ President: Must be a natural-born citizen of the Philippines, at least 40 years old, a registered voter, and must have resided in the Philippines for at least 10 years immediately preceding the election. ▪ Vice President: Same qualifications as the President. o Term of Office: 6 years, with no re-election. Article VIII: Judiciary Department o Power: To apply the laws to contests or disputes concerning legally recognized rights or duties between the State and private persons, or between individual litigants in cases properly brought before the judicial tribunals. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History o Structure: ▪ Supreme Court: One Chief Justice and 14 Associate Justices. ▪ Lower Courts: Established by law. o Qualifications: ▪ Supreme Court Justices: Must be a natural-born citizen of the Philippines, at least 40 years old, a lawyer with at least 15 years of practice, and must have a proven record of integrity, probity, and competence. Article IX: Constitutional Commissions o Establishes independent bodies that oversee specific areas of governance. o Commission on Elections (COMELEC): Responsible for conducting elections. o Civil Service Commission (CSC): Manages the civil service. o Commission on Audit (COA): Audits government accounts. Article X: Local Government o Provides for local autonomy, granting local governments the power to govern their respective areas. B. CONSTITUTION OF LIBERTY It sets forth the basic rights of the people and imposes limitations on the powers of the government to secure the enjoyment of these rights. Key Articles in Constitution of Liberty Article III: Bill of Rights: This article guarantees fundamental rights and freedoms for all citizens, including the right to life, liberty, and security of person; freedom of speech, expression, and the press; and the right to due process of law. Article IV: Citizenship: This article defines the different ways in which individuals can acquire Philippine citizenship, including birth (jus sanguinis and jus soli) and naturalization. o Citizenship at the time of adoption: Those who were citizens of the Philippines at the time the Constitution was adopted remain citizens. o Citizenship by birth: ▪ Jus Sanguinis: Citizenship is based on the nationality of the parents (blood). ▪ Jus Soli: Citizenship is based on the place of birth (soil). o Citizenship by Naturalization: ▪ Judicial Naturalization: Through a judgment of a Regional Trial Court (RTC). ▪ Legislative Naturalization: Through a direct act of Congress. Article V: Suffrage: This article outlines the right to vote and the qualifications for voters. It also discusses various forms of citizen participation in governance. Scopes of Suffrage ▪ Election: A political exercise whereby the sovereign people choose a candidate to fill up an elective government position o Qualifications: ▪ Must be a citizen of the Philippines, regardless of gender. ▪ Must not be disqualified by any law, such as being convicted of a crime. ▪ Must be at least 18 years old. ▪ Must have resided in the Philippines for at least 6 months before the election. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History ▪ Plebiscite: A vote by the people to ratify or reject constitutional amendments or proposed laws. ▪ Referendum: A vote by the people to adopt or reject any act or measure that has been passed by a legislative body. ▪ Initiative: The power of the people to propose bills and laws and enact or reject them at the polls, independent of the legislative body. ▪ Recall: A system by which an elective official is removed by popular vote before the end of his term. Article XII: National Economy and Patrimony: This article outlines the principles for the development and management of the country's natural resources and economic activities. Article XIII: Social Justice and Human Rights: It promotes social justice and human rights, ensuring that all citizens have equal opportunities and protection from discrimination. Article XIV: Education, Science and Technology, Arts and Culture, and Sports Education: It emphasizes the importance of education, science, technology, arts, culture, and sports in national development. Article XV: The Family: It recognizes the family as the basic social institution and emphasizes its importance in nation-building. C. CONSTITUTION OF SOVEREIGNTY It outlines the process for amending or revising the Constitution. The Philippine Constitution requires a three-fourths vote in both houses of Congress and ratification by a majority of the voters in a plebiscite. INHERENT POWERS OF THE STATE The state possesses certain inherent powers that are essential for its functioning and for the well-being of its citizens. These powers are inherent because they are essential for the existence and proper functioning of the state. POLICE POWER: This is the power of the state to enact laws and regulations that promote the public health, safety, morals, and general welfare. It is the most pervasive power of the state, as it can regulate almost any aspect of life. o The government implementing laws to control the spread of diseases, such as requiring vaccinations or imposing quarantine measures. POWER OF EMINENT DOMAIN: This is the power of the state to take private property for public use, even if the owner does not want to sell it, upon payment of just compensation. o The government acquiring land for the construction of a new road or a public hospital. TAXATION: This is the power of the state to levy taxes on individuals and businesses to raise revenue for public purposes. o The government imposing taxes on income, property, and goods and services to fund public services such as education, healthcare, and infrastructure. ESCHEAT: This is the power of the state to claim ownership of property that is unclaimed or has no legal heir. o If someone dies without a will and has no known heirs, the government can claim their property. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History TOPIC 4 Article III: Bill of Rights of the 1987 Constitution This part the module explores the Bill of Rights (Article III) in the Philippine Constitution. Sometimes called the Declaration of Rights or Charter of Rights. It is a list of the most important rights to the citizens of a country. If you are a visual-auditory learner, you may watch the content of the topic by scanning the QR code on the left. The overall copyright is reserved to Civil Service Review TV. You may also access the video via this URL: https://www.youtube.com/watch?v=KaLzPN-9n70 Hence, it is a crucial document that safeguards citizens from government and individual violations. It ensures fundamental rights for every Filipino and limits the power of the government. KEY RIGHTS AND THEIR SIGNIFICANCE A. Due Process Article III, Section 1: No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied of the equal protection of the laws. o Right to Life: nobody, including the government, can try to end someone’s life; talks about quality of life o Right to liberty: right to be free o Right to property: you have the right to own anything without any threat being faced These three rights cannot be taken away from you without due process o DUE PROCESS: it is a requirement that legal matters must be resolved according to established rules and principles ▪ Example: Individuals CANNOT have their property seized or they cannot be put in jail without first going through the legal system to determine if they are guilty of the crime o EQUAL PROTECTION OF LAWS: the government must treat similarly situated individuals in the same manner. ▪ This protection covers all citizens including the aliens of a country ▪ Example: Everyone earning an income is taxed. The tax rates are based on the same standards for persons that are similarly situated. B. Right Against Unreasonable Searches and Seizures Search: It is a process conducted by authorized officers to look for specific items that are related to the crime. Seizure: It happens if officers take possessions of the items during the search NOTE: A search and seizure are considered UNREASONABLE if it is conducted by police officers without a valid search warrant and warrant of arrest. Warrant of Arrest: It is an official document signed by the judge which authorizes police officers to arrest a person or people named in the document. Search Warrant: It refers to an official document signed by the judge which authorizes police officers to search a particular location and seize specific items. Requirements for a valid search warrant and warrant of arrest: 1. It must be issued upon probable cause: Sufficient reason based upon known facts to believe a crime has been broken or that certain property is connected with a crime. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History o Example: Police officers CANNOT arrest someone who looks like a criminal just because someone wears a black shirt with a black mask doesn't mean that person is a criminal. o There is a high possibility that he's attending a cosplay or a party. 2. Personally determined by the judge: The judge must personally determine the probable cause. 3. Complainant and witnesses under oath: The judge must summon the complainant and the witnesses he may produce under oath or affirmation. 4. Specific description: The warrant must particularly describe the place to be searched under persons or things to be seized. C. Warrantless Arrest There are times when a police officer DOESN'T NEED a warrant of arrest; hence, warrantless arrest or an arrest without a warrant. This is valid in the following cases: o In flagrante delicto: The person to be arrested has committed, is committing, or is attempting to commit an offence. o Hot pursuit arrest: The policeman should have a personal knowledge that the suspect committed a crime. o Arrest of escaped prisoners: A prisoner who escaped from prison. D. Citizen's Arrest Normal people like you can also arrest someone. It is a lawful warrantless arrest performed by a civilian. However, this is NOT RECOMMENDED because it might be dangerous. o What to do? Report the crime to the police instead of acting on your own. E. Warrantless Searches Warrantless Search: Search without a warrant Police officers can only search without a warrant in the following situations: o Consent: An individual must freely and voluntarily agrees to a search of his or her property ▪ Example: Police officers went to your house and asked permission to search your garage because your neighbors heard a gunshot and called the police. If you say yes, they can lawfully search in the garage, but not in the other areas of your house. o Exigent circumstances: If the police officers feel that the time that it would take to get a warrant would jeopardize public safety or lead to the loss of evidence, they can perform a search without a warrant ▪ Example: Someone is a suspected drug dealer in Barangay XYZ. One night, police officers passed by his house, and heard the suspects saying, “The police are coming! Throw away all the evidence…” The police officers can search his house even without a warrant because they might destroy the evidence. o Search incident to an arrest: A police officer doesn't need a warrant to perform a search in connection with an arrest. ▪ Example: If you are arrested for drug possession, the police can search for additional drugs by searching you, your home, or your car, and any evidence found can be used against you in a court of law. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History o Plain view doctrine: Police officers can legally seize an item if the evidence is clearly visible ▪ Example: If a police officer stops a driver for speeding and sees marijuana in the window, a search can be conducted without a warrant. F. Right to Privacy This refers to the right of a person to be left alone. Their right to privacy is NOT violated when: o Lawful order of the court: There is a search warrant. o Public safety or order requires it ▪ Example: A policeman enters a house because someone is shouting for help. This is not a violation of the right to privacy. G. Freedom of Speech, Expression, and Press This is the right to express any opinions without censorship or restraint. This includes the right to express views aloud through the following: o Publish articles and books o Television or radio broadcasting o Works of art o The internet and the social media Limitations: This right end when you start to violate the rights of another person or the values of the society as a whole. o Defamation: It is saying or writing something about another person that hurts their reputation. o Two kinds of defamati o Protect national security or public safety o Protect the rights and freedoms of other people o Prevent disorder or crime I. Freedom of Religion It is a right of an individual to worship God without interference from any person or power. Two aspects of freedom of religion: 1. Freedom to believe in any religion 2. Freedom to act in accordance with such belief Limitations: This is not an absolute right. It is subject to rules and laws of the same o Example: No one can appear nude in public in the name of religion. Prohibition of Religious Tests: Religious tests are tests that are requiring someone to have a religious belief before the performance of the act. o This is considered as a violation of the freedom of religion o Example: candidates running for president should be Roman Catholic only. J. Liberty of Abode and Right to Travel Liberty of Abode: The right of a person to choose and change his residence without interference from the government Right to Travel: The right to go to different places Restrictions: These rights may be denied or restricted by the state if: o There is a lawful order of the court ▪ Example: Pedro is facing criminal charges and he wants to go abroad. He may be restrained by the court from leaving the country, or if he is already abroad, he will be compelled to return. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History o National security, public safety, or public health is in danger ▪ Example: Last March 2020, the Philippine government banned all the travels from China, South Korea, Hong Kong, and other nearby countries to stop the spread of COVID-19. K. Right of the People to Information In a democratic state, the citizens have the right to access their records of their government. This is to prevent public officials from engaging in corrupt practices. Documents that CAN BE DISCLOSED to the public: o Official records o Documents and papers pertaining to official acts, transactions, or decisions o Government research data uses a basis for policy development Documents that should NOT be disclosed to the public: o Records involving the security of the state o Accounts pertaining to military intelligence plans o Trade secrets and banking transactions o Identity of informants in criminal investigation o Confidential diplomatic matters L. Right to Form Associations This is the freedom to organize or to be a member of any group, association, union, or society. It may be exercised by the employee, both in the public and the private sectors, and also the unemployed. M. Right to Just Compensation Inherent Powers of the State: Powers that the Congress and the president need in order to get the job done: o Police power: The power to enact regulations for the health, safety, and welfare of the public. o Power of taxation: The power of the government to impose and collect taxes. o Power of eminent domain: The power of the government to take a private property. ▪ Eminent domain is valid in the following cases: ▪ It must be a private property. ▪ The land confiscated is for public use. ▪ There must be a due process of law and expropriation. ▪ There is just compensation: owners will be paid accordingly when their property gets seized by the government for public use N. Obligation of Contracts It is the legal duty of the contractors to fulfill the promise stated in the contract o Example: In a contract of sale, the obligation of the buyer is to pay the price agreed upon, while the obligation of the seller is to deliver the things sold. Non-Impairment Prohibition: The government cannot pass a law that would stop a contract from being enforced. o Purpose: to assure the fulfillment of promises between parties and to avoid problems.\ O. Writ of Habeas Corpus It is a Latin phrase which means "you may have the body." This is because the person who's keeping you in jail literally has to bring your body to the courthouse. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History o Right to Habeas Corpus: You have the right to make the government prove to a judge that your arrest and detainment are justified. ▪ If you feel that you were wrongfully imprisoned, you can file a written habeas corpus, which is an official request to have your day in court. ▪ Purpose: To control the police and other governmental entities and make sure that they don't abuse their power. ▪ Suspension: The privilege of a writ of habeas corpus is suspended in the following instances: ▪ In cases of invasion or rebellion ▪ When public safety requires it P. Detention for Debt and Estafa Article 3, Section 20: No person will be sent to jail because of failure to pay a debt. Limitations: o Creditors can still bring you to the court to demand an enforced payment of your debt. o If the person is guilty of estafa (i.e., the crime of obtaining money dishonestly or by trickery), he will be sent to jail. ▪ Example: David paid his dad in a bank through a check. The bank found out that the check that he gave doesn't have enough money. The check is called a bounced check. The bank can now sue him for estafa. Q. Ex Post Facto Law and Bill of Attainder Article 3, Section 22: No ex post facto law or bill of attainder shall be enacted. It is a law that applies to crimes that happened before the law was passed o Example: In December 2019, you accidentally smoke in a public area. Last month, a law was signed prohibiting smoking in public areas. Today, the cops are at your door to arrest you for the incident. The new law would be an example of an ex post facto law as it wasn't illegal to smoke when you did it. When does an ex post facto law apply? o If it makes the person a criminal because of an act that was not a crime when committed. o If it aggravates a crime or makes it greater when it was committed. o If it changes the punishment of a crime and inflicts greater punishment. o If it decreases the amount of evidence required for a conviction. Important to remember: Ex post facto law is applicable only in criminal cases. Bill of Attainder: It is a legislative act that imposes punishment without a trial. R. Rights of an Accused Under Custodial Investigation Custodial Investigation: Any questioning initiated by law enforcement officers after a person has been taken into custody. Miranda Rights You probably heard the police and TV say something like, "You have the right to remain silent. Anything you say can and will be used against you in a court of law." This statement is called a Miranda warning. It is a constitutional requirement that once an individual is detained by the police, there are certain warnings. A police officer is required to give to a detainee. The Miranda warning gives you the following rights: o Right to remain silent: A person under custodial investigation has the right to refuse answering any questions. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History ▪ Those who give up the right to remain silent face their prospect that their statements will be used against them in the court. ▪ However, keeping your mouth shut the whole time is NOT enough for them to realize that you wish to remain silent. ▪ You must expressly invoke them by saying something. o Right to competent and independent counsel ▪ Preferably of his own choice. ▪ If the person cannot afford services of a council, he must be provided one without charges. o Right to be informed of such rights: The officer is duty-bound to explain the effects of these rights and ensure the person's understanding in a language understood by him. Waiving Miranda Rights These happen when a person refrains from using his Miranda rights o Example: A person decided to talk to the police officers even after he has been informed of his right or he will say "Yes, I understand my rights but I am willing to talk to you". Requirements in waiving Miranda Rights: o It must be in writing. o It must be in the presence of a counsel. However, this is NOT ADVISABLE. It is better to talk to a lawyer for a full explanation of the law to avoid further damages. Right to Presumption of Innocence The accused will be innocent until proven guilty. Right to a Speedy, Impartial, and Public Trial o Speedy: As much as possible, the court shouldn't delay the trial because it would prolong the agony of the accused. o Impartial: Whether the accused is the Pope or a homeless person, the judicial system must be fair. o Public: A trial open to the public. The accused's friends, relatives, and others who are interested to observe their proceedings may attend the trial. Right Against the Use of Torture, Force, Violence, Threat, and Intimidation Police officers CANNOT swap beat, threaten, or intimidate an accused in custody. It is against the constitution to use any method that would hurt the accused. If they violate this right, they will be punished by the law. Right Against Being Held in Secret Detention, Incommunicado, or Similar Forms of Solitary Detention Secret detentions occur when detainees are held incommunicado, or when they are not permitted to contact the outside world, including their families and lawyers, and when detaining authorities refuse to acknowledge either the fact of the detention or the fate and whereabouts of the detainee. The new constitution included this right to avoid what happened during the time of President Marcos. Doctrine of Poisonous Fruit: Any evidence that is illegally acquired COULD NOT be used in court against the defendant. o Example: Lorena was arrested for murder and she was sent to a secret detention where she was forced to admit the charges against her. Her confession for the crime cannot be SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History used in court even if she's guilty of the crime because the evidence was illegally acquired and it violated the rights of Lorena as an accused. Right to be Informed of the Charges and Costs of Accusation The accused person will be informed of the charges that he is charged with. After a defendant is arrested, booked, and a bail appearance is completed, the defendant will then be arraigned. The arraignment is a hearing in which the defendant is formally charged. o Their rights are read. o The court will appoint an attorney if the defendant doesn't have one. o Also, during the arraignment, the defendant can plead either guilty or not guilty of the crime that he is charged with. Right to Compulsory Production of Witnesses and Evidence The accused has the right to demand other people who have evidence that would be helpful to him to appear in court. The judge may issue the following: o Subpoena: A writ ordering a person to attend the court. o Subpoena duces tecum: A writ ordering a person to attend the court and bring relevant documents. Right Against Self-Incrimination You've probably heard Janet Lim Napoles on National TV say "I invoke my right against self- incrimination." Every celebrated witness in the Senate or House of Representatives investigative hearing, when faced with a difficult question to answer, we just respond "I invoke my right to self-incrimination." Self-incrimination in law is the giving of evidence that might tend to expose the witness to a punishment for the crime. o It forbids a government from compelling any person to give testimonial evidence that would likely incriminate him during a criminal case. o It covers testimonial compulsion and compulsion to produce real or physical evidence using the body of the accused. Right Not to be Detained by Reasons of Political Beliefs and Aspirations This right guarantees the people to freely express their political beliefs and aspirations without fear of arrest or prosecution, which was denied during the time of President Marcos. Thousands of people who criticized the government, particularly the political opponents, were arrested. They were known as political prisoners. The new constitution made sure not to repeat the history, so this right was included. Right Against Involuntary Servitude Involuntary servitude refers to compulsory service or simply modern-day slavery. The new constitution prohibits involuntary services. However, there are exceptions to the prohibition: o Punishment for the crime o The case of personal, military, or civil service in the defense of the State o In compliance with a return-to-work order issued by the Department of Labor and Employment o Army, or naval enlistment o Exercised by parents on children SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History Right Against Excessive Fines Fine: It is the money imposed by the court as a punishment for the crime. A fine is excessive when it is unreasonable and beyond the limits prescribed by the law o Example: A fine of ten thousand pesos for theft of 50 pesos is clearly excessive. [This is against the new constitution.] Right Against Cruel, Degrading, and Inhumane Punishment Cruel punishment is prohibited, like cutting of fingers or cutting the penis of a rapist. Right to Bail Bail: It is a cash, a bond or property that an arrested person gives to a court to ensure that he or she will appear in court when ordered to do so. o If the defendant doesn't show up, the court may keep the bail and issue a warrant for the defendant's arrest. o Any person accused or detained has the right to invoke bail, except when the crime committed is punishable by reclusion perpetua (the imprisonment of at least 20 years and one day to a maximum of 40 years) and the evidence of guilt is strong. Right Against the Infliction of Death Penalty The 1987 Philippine Constitution abolished the death penalty. It was reduced to reclusion perpetua, but with a reservation. The Congress can still pass a law imposing death penalties for heinous crimes or crimes that are evil and wicked, like murder and rape. Right Against Double Jeopardy Double jeopardy means that a person is twice put at risk of conviction for the same act or offense. The right against double jeopardy means that a person can only be charged once by the court for the same act or offense. o Example: When a person has been charged with murder and the court found them not guilty of the crime, he can no longer be prosecuted for the same act or offense. o He can now invoke his right against double jeopardy. However, there are limitations: ▪ Double jeopardy applies to criminal cases only. ▪ It does not protect the defendant from multiple prosecutions for multiple offenses. ▪ Example: A person acquitted of murder could be tried again for different offenses. The Bill of Rights is crucial for limiting the power of the government and protecting the rights of citizens. It ensures that individuals are treated fairly and that their freedoms are safeguarded. It is important to understand these rights as they are essential for every Filipino to exercise their citizenship and advocate for a just and equitable society. SOCSC 01: READINGS IN PHILIPPINE HISTORY Unit 4: Social, Political, Economic, and Cultural Issues in Philippine History Resource Repositories Article III: Bill of Rights. (2011, April 30). Human Rights Online Philippines. https://hronlineph.com/resources/domestic/article-iii-bill-of-rights/ Center, I. T. (n.d.). 1987 Philippine Constitution - the LawPhil Project. https://lawphil.net/consti/cons1987.html Civil Service Review TV. (2020a, April 22). Gen. Info - The Evolution of the Philippine Constitution. [Video]. YouTube. https://www.youtube.com/watch?v=Ec1m6AMfWgs Civil Service Review TV. (2020b, October 11). Gen. Info - Art. 3: Bill of Rights [Video]. YouTube. https://www.youtube.com/watch?v=KaLzPN-9n70