Professional Documents
Culture Documents
BILL OF RIGHTS
Classes of Rights
The rights that a citizen of a democratic state enjoys may be classified
into:
(1) NATURAL RIGHTS they are those rights possessed by every
citizen w/out being granted by the State for they are given to man
by God as a human being created to His image so that he may live
a happy life. Examples: right to life, right to liability, right to
property, and the right to love
(2) CONSTITUTIONAL RIGHTS they are those rights which are
conferred and protected by the Constitution. Since they are part of
the fundamental law, they cannot be modified or taken away by
law-making body
(3) STATUTORY RIGHTS they are those rights which are provided
by laws promulgated by the law-making body and consequently,
may be abolished by the same body. Examples: right to receive a
minimum wage, right to adopt a child by an unrelated person
Privacy of Communication
Section 3. (1) 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.
(2) Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any proceeding.
Right of privacy has been defined as the right of a person to be free
from unwarranted publicity, and as the right to live without unwarranted
interference by the other people in matters with which they are not
necessarily concerned.
Limitations on the right. The right is not violated when the
interference is made:
(1) upon lawful order of the court; or
(2) when public safety or order requires otherwise as prescribed by
law.
Religious Freedom
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.
Religious freedom - It is the right of a man to worship God, and to
entertain such religious views as appeal to his individual conscience,
without dictation or interference by any person or power, civil or
ecclesiastical.
Religion in its broadest, includes all forms of belief in the existence of
superior beings exercising power over human beings and imposing
rules of conduct with future state of rewards of punishments.
Eminent Domain
Section 9. Private property shall not be taken for public use without
just compensation.
Eminent domain the right or power of the State or of those to whom
the power has been lawfully delegated to take (expropriate) private
property for public use upon paying to the owner a just compensation
to be ascertained according to law.
Conditions for or limitations upon its exercise
a. existence of public use
b. payment of just compensation
c. observance of due process of law in the taking
TAKING 1). actual physical seizure not essential; 2) taking must be
direct
Non-Impairment Clause
Section 10. No law impairing the obligation of contracts shall be passed.
OBLIGATION OF CONTRACT is the law or duty which binds the parties
to perform their agreement according to its terms or intent, if it
(agreement) is not contrary to law, morals, good customs, public order, or
public policy.
PURPOSE: it is intended to protect creditors, to assure the fulfillment of
lawful promises, and to guard the integrity of contractual obligations.
Business problems would arise if contracts were not stable and binding
and if the legislature can pass a law impairing an obligation entered into
legally.
The obligation of a contract is impaired when its terms or conditions are
changed by law or by a party w/out the consent of the other, thereby
weakening the position or rights of the latter.
Freedom to 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 w/ reference to the
promotion of social justice
Section 12. (1) 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.
(2) No torture, force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used against him. Secret
detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in violation of this or
Section 17 hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of
this Section as well as compensation to the rehabilitation of victims of
torture or similar practices, and their families.
Section 13. 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.
BAIL is the security required by a court and given for the provisional or
temporary release of a person who is in the custody of the law
conditioned upon his appearance before any court as required under
the conditions specified.
PURPOSE: to relieve an accused from imprisonment until his
conviction and yet secure the appearance at the trial. The right to bail is
granted because in all criminal prosecutions, the accused is presumed
innocent.
FORM: cash deposit, property bond, bond secured from a surety
company, or recognizance
EXCESSIVE BAIL PROHIBITED reasonable bail rests mainly upon
the discretion of the judge.
Trial in absencia
The accused may waive his right to personally appear and
be heard in trials, provided the 3 conditions must concur: he
has been arraigned; has been duly notified of the trial; and
his failure to appear is unjustifiable.
REASON for speedy administration of justice
Involuntary Servitude
Section 18. (1) xxx
(2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
convicted.
BASIS and PURPOSE: This prohibition is grounded on the value
accorded to human dignity in a democratic and free society. Human
dignity is not a merchandise appropriate for commercial transactions or
business bargains. Fundamental freedoms guaranteed by the
Constitution are outside the commerce of men; hence, they cannot be
sold, bartered, leased or otherwise be the subject matter of contract.
(2) the purpose is to maintain a system of completely free and
voluntary labor by prohibiting the rendition of personal service by one
who is compelled by force, coercion, or imprisonment, and against his
will, for anothers benefit. It is immaterial whether the labor is paid or
not.
Involuntary servitude
Section 18. (1) xxx
(2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly convicted.
EXCEPTIONS: Not every form of forced labor is within the scope of the
constitutional provision. Thus, the prohibition does not apply:
(1) when the involuntary servitude is imposed as a punishment for a
crime whereof the party shall have been duly convicted;
(2) when personal military or civil service is required of citizens for the
defense of the State;
(3) to injunctions requiring striking laborers to return to work pending
settlement of an industrial dispute;
(4) to exceptional services, such as military and naval enlistment.
(5) to exercise by parents of their authority to require their children to
perform reasonable amount of work; and
(6) where there is proper exercise of the police power of the State.