THE BILL OF RIGHTS

Overview: What is Bill of Rights Overview: What is Bill of Rights? Why do we have a Bill of Rights in our Constitution? What rights are Filipinos entitled to under Article III of the 1987 Constitution?

What is Bill of Rights? -It may be defined as declaration and enumeration of a person’s rights and privileges which the Constitution is designed to protect against violations by the government, by an individual, or groups of individuals. -It is a fundamental characteristic of a republican system -It is a “charter of liberties for the individual and a limitation upon the power of the State.”

What is the Significance of the Bill of Rights? -Government is powerful. When unlimited, it becomes tyrannical. The Bill of Rights guarantee that there are certain areas of a person’s life, liberty, and property which government power may not touch.

Basic Classification of Rights 1. Natural Rights -these are inherent to a person as creation of God. e.g. Natural Right under Constitution (Life, Liberty, Property) and right to love. 2. Constitutional Rights -these are rights which are granted and protected by the constitution. 3. Statutory Rights -these refers to rights provided by laws which are granted by the legislature and may be abolished by the same, e.g. Right to maternity leave for employed women, etc.

Classification of Constitutional Rights a) Political Rights -those right a citizen exercises to participate in the affairs of the government. e.g. Right to suffrage, right of citizenship, etc. b) Civil Rights -those right that a citizen enjoys in pursuance of individual happiness and development. e.g. Right to property, right to abode and travel etc.

Classification of Constitutional Rights c) Social and Economic Rights -rights intended to ensure the well-being and economic security of the individual. d) Rights of the Accused -intended to protect persons accused of any crime.

Political v. Civil v. Legal Political Rights Political Rights are those that pertain to an individual’s participation in government or the political process. While Civil Rights basically refer to the rights enjoyed by individuals, enabling him to undertake the everyday business of life. Political v. Civil v. Legal Legal Rights are applied to individuals when subjected to the law and/or legal procedures and processes.

Political v. Civil v. Legal Political Rights Freedom of speech, of expression, or of the press; the right of assembly and petition; and the right to form associations are likewise an examples of civil rights. However, they partake of the nature of political rights when they are utilized as means to participate in the government Political and Civil Rights can have meaning only if concrete measures are taken to breathe of life and substance to social and economic rights which include cultural rights.

 THE BILL OF RIGHTS Part I: Civil Rights

Article-III, Section-3 Privacy of Communication and Correspondence "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.”

Civil Rights Under Article-III, Section-3 Explanation: Every person has the right to keep his communication or correspondence a secret. His communication with others by phone or by letter is a personal or private matter that nobody should intrude upon. But this right can be lawfully suspended upon order of the court if the safety and security of the people is at stake.

Civil Rights Under Article-III, Section-3 Statutory laws protecting the right to PRIVACY: Republic Act 4200 -Anti-Wiretapping Act Republic Act 9995 -Anti-Photo and Video Voyeurism Act

Civil Rights Under Article-III, Section-3 Sample Case: A telephone conversation between two (2) drug pushers secretly recorded by police officers by tapping its wire without court order is not acceptable. As evidence in court due to the privacy of communication enshrined in the Philippine Constitution. However, recording of conversation through telephone extension is not a violation of the Anti-Wire Tapping Law.

Article-III, Section-4 Freedom of Speech, of Expression, and of the Press “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.”

Civil Rights Under Article-III, Section-4 Four (4) Important Rights Embodied in Article III, Section 4: Freedom of Speech; Right to a Free Press; Freedom of Assembly; The Right of Petition.

Civil Rights Under Article-III, Section-4 Freedom of Speech– means an individual is free to speak or utter whatever he wants without prior restraint. Right to a Free Press– means an individual is free to write, publish, and circulate whatever he pleases without restraint. Speech and expression refer to any form of oral utterances, while press covers every sort of publication such as newspapers, magazines, books, leaflets, and the like. Radio and television are also included. Freedom of speech and expression and freedom of the press are collectively called Freedom of Expression.

Civil Rights Under Article-III, Section-4 Freedom of Assembly- refers mainly to peaceful demonstrations related to public affairs. The Right of Petition- to take up one’s grievances with government without fear of persecution.

Civil Rights Under Article-III, Section-4 Freedom of Speech is not absolute, neither is a Free Press. Limitations to Freedom of Speech Severe calumny; Anything lewd or obscene; Anything that provokes violence or disorder; Seditious messages; “Clear and present danger”.

Civil Rights Under Article-III, Section-4 Forms of Calumny Libel- untruthful information/character assassination in written, and using print or broadcast media. Slander- spoken untruthful information / character assassination . Clear and Present Danger – if the uttered threat seems serious (i.e. the intent appears to be serious), immediate, grave and realistic.

Article-III, Section-5 Freedom of Religion “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 tests shall be allowed for the exercise of civil or political rights.”

Civil Rights Under Article-III, Section-5 This provision is an implement to the doctrine of separation of church and state. However, the members of a religious organization cannot use religious profession as a justification in committing crimes. Thus, a religious sect using human beings as sacrifice for their god is not immune from criminal suit.

Civil Rights Under Article-III, Section-5 2 Rights found in Section 5: 1. Non-Establishment of Religion -non advancement of a religion, non favoring of religion against other religions 2. Free-Exercise of Religion -freedom of conscience and freedom to adhere to such religious organization or form of worship as the individual may choose cannot be restricted by law. Freedom to Believe -It safeguards the free exercise of the chosen form of religion. (Freedom to Act)

Civil Rights Under Article-III, Section-5 Prohibition of Religious Test -No religious test shall be required for the exercise of civil or political rights. e.g Religion is not a requirement to be employed in the government

Article-III, Section-6 The 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. The right to travel shall not impaired except in the interest of national security, public safety, or public health, as may be provided by law ”

Civil Rights Under Article-III, Section-6 Liberty of Abode and Travel -This means that every person has a right to established his home in any place. He is also free to change his abode or transfer it from one place to another. It includes the right to travel freely in the Philippines and outside therefore to any foreign country, subject to the following conditions: (a) upon lawful order of the court; and (b) in the interest of national security, public safety, or public health as provided by law.

Article-III, Section-7 Right to Information “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 to the citizens, subject to such limitations as may be provided by law.”

Civil Rights Under Article-III, Section-7 “Freedom of the Press and freedom of access to information bearing on governmental decision are fundamental elements of Popular Sovereignty”. People have the right to access public records such as records of a case in court subject to reasonable rules and regulations, except when it is very clear that the purpose of examination of public record is unlawful, sheer or idle curiosity. It is not the duty of the custodians of the records to concern themselves with the motives, reasons, and objects of the person seeking access to such documents or information.

Civil Rights Under Article-III, Section-7 Limitations on the Right 1. National security matters. 2. Trade secrets and banking transactions. 3. Criminal matters. 4. Other confidential matters.

Article-III, Section-8 The Right to Form Union “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.”

Civil Rights Under Article-III, Section-8 “Unionism is a necessity to place employees or labor sectors to the bargaining levels same as that of their employers in relation to negotiations of terms and conditions of employment. However, while employees in the public sector may form union, they are not entitled to stage strike to press their demands to improve the terms and conditions of their employment.”

Civil Rights Under Article-III, Section-8 Limitation on the Right -The right to form associations or societies may be abridged or interfered with by the State in the exercise of its Police Power. This is the meaning of the phrase “for purpose not contrary to law”.

Civil Rights Under Article-III, Section-8 Question: If a public and private company has required every employee to sign an agreement as part of his employment contract – that he will not join any labor unions, societies or associations, does this constitutes violation of Art. III, Sec. 8 of the Philippine Constitution? Answer: Yes. It is a form of unfair labor practice.

Civil Rights Under Article-III, Section-8 Commentary: If public employees are prohibited to go on strike, the essence of forming unions in government entities show lack of logic. It is also a clear suppression to their right for redress of grievances. Thus, it contradicts to Art. III, Section 4 of the 1987 Philippine Constitution.

Article-III, Section-9 The Right to Just Compensation “Private property shall not be taken for public use without just compensation.”

Civil Rights Under Article-III, Section-9 This is in connection with the inherent rights of the state, specifically, the Right of Eminent Domain. Just Compensation -the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market-value at the time of the taking.

Article-III, Section-10 Non-Impairment Clause “No law impairing the obligation of contracts shall be passed.”

Civil Rights Under Article-III, Section-10 Discusses the “sanctity” of contracts and obligations; Laws affecting contracts cannot be applied retroactively; all contracts illegal in nature are non-binding.

Civil Rights Under Article-III, Section-10 Note: A contract is a meeting of minds between parties with respect to rendition of service or performance of obligation to give something, Government is prohibited from interfering with agreement of parties since it is considered as a law between the contracting parties.

Civil Rights Under Article-III, Section-10 Limitation: The freedom of contract is necessarily limited by the exercise of the police power of the State in the interest of general welfare and especially in view of the explicit provisions in the Constitution with reference to the promotion of social justice (e.g. Void Contract)