compilation preamble chap 1-4

7/31/2019 Compilation Preamble Chap 1-4

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Preamble


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Meaning of Preamble

The term preamble means introduction to

a main subject.

It is the prologue of the Constitution *Not all Constitution have preamble


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Object and value of preamble

The Preamble of the Constitution of the

Philippines serves two important ends:

1. It tells us who the authors of the Constitution

are and for whom it was promulgated; and

2. It states the general purposes which the

Constitution and the government established

under it intend to achieve and the basicprinciples underlying the fundamental

charter


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Source of Constitutions

authority We, the sovereign Filipino people,

imploring the aid of Almighty God xxx, do

ordain and promulgate this Constitution,

stresses the fact that the Constitution of

the Philippines derives its authority from

the Filipino people themselves and being

so, it is the supreme law of the land.


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Preamble: Essential or Not?

It is not an integral part of our constitution

It cannot be invoked as a source of privateright enforceable by the courts or of any

governmental power not expressly granted

or at least, clearly implied


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National Purpose and Aims inAdopting the Constitution 1. to build a just and humane society

2. to establish a Government that shall: Embody our ideals and aspirations

Promote the common good

Conserve and develop our patrimony

Secure to ourselves and our posterity the blessings ofindependence and democracy under the rule of lawand a regime of truth, justice, freedom, love, equalityand peace.


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Attainment of the ConstitutionalGoals

1. Root causes of our present problems

2. Government envision by theConstitution

3. Single biggest factor for national

solidarity

4. Key to a successful democracy


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National Territory

Article 1


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Article I

The national territory comprises the Philippine

archipelago, with all the islands and waters embraced

therein, and all other territories over which the

Philippines has sovereignty or jurisdiction, consistingof its terrestial, fluvial, and aerial domains, including

its territorial sea, the seabed, the subsoil, waters

around, between, and connecting the islands of the

archipelago, regardless of their breadth and

dimensions form part of the internal waters of the

Philippines.


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The National Territory

Meaning of archipelago is derived from

the Greek wordpelagos which means

sea.

It may be defined as a sea or a wide

expanse of water with several small

islands.

This term includes both sea and islands

taken together as a whole


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Territoriality Principle

It aims to stress that the Philippines is an

archipelago (composed of many islands)

and being such, is adopting the

archipelagic concept of territoriality.

An archipelago shall be regarded as a

single unit so that all waters around,

between, conne


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Archipelago Doctrine

The waters around, between, and

connecting the islands of the archipelago,

regardless of their breadth and

dimensions, form part of the internalwaters of the Philippines


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internal waters

inner

baseline


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12 miles

territorial seas

outer

baseline


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200 miles

exclusive

economic

zone

international

waters


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200 miles

exclusive

economic

zone

international

waters

inner

baseline

internal

waters

outer

baseline

12 miles

territorialseas


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all other territories over which the

Philippines has sovereignty and

jurisdiction

claim territories are Sabah (North Borneo),

Guam and parts of the Spartly Islands

reasons for claim: historic right and legal

title as expressed in the 1973 constitution

II. Claim territories


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rightful claim over:

Guam

-by historic right

-Guam was governed by the Philippinechurch authorities at Nueva Caceres

-the union of church and state during

this period had the government rulingGuam as a province of the colony

Philippines


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Spratly Islands

- claim is only for the Kalayaan(Freedom) group of islands, (islandsdirectly adjacent to the Philippines)

- formally claimed by the Philippinesduring the Marcos administration

- most of the islands had long been

occupied by Filipino ancestors- the islands are covered by UNCLOS

determined EEZ


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- other claimants are China, Malaysia,

Vietnam and Taiwan

- territorial disputes are settled via

bilateral talks among concerned states;

regional cooperations serve as fora forpeaceful and beneficial provisional

settlements

- China remain adamant in its rightfulclaim by forcibly erecting military

outpost in most of the strategically

located islands


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Sabah

- history had the Sultan of Brunei give theupper portion of the island of Borneoknown as Sabah to the Sultan of Sulufor helping quell a rebellion in theisland

- Sabah was rented by a British tradingcompany during the British colonization

- documents such as leases and receiptsof the British trading company manifestrightful recognition of the Sultan of Sulu

by the British as its rightful owner


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- The Sultan of Sulu and his heirs claimSabah by virtue of historic right

supported by legal documents- A UN sponsored referendum in 1963

resulted to the locals opting forMalaysian government supervision

- territorial disputes could be settled byUNs World Court with all partiesconcerned in agreement to the courtsfinal decision

- Malaysias Prime Minister Mahatirwithdrew his approval for a WorldCourt settlement upon knowing oflegal documents in possession by the

Philippine government


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Declaration of Principles and

State Policies

Article II

Sections 1-6


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Principles


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The Philippines is a democratic and

republican State. Sovereignty resides in

the people and all government authority

emanates from them

Section 1.


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The Philippines

a Democratic and a Republican State

States that the Philippines is a democratic

state

e.g., Abraham Lincoln said: a government of thepeople, by the people, for the people.


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Sovereignty of the People

Sovereignty

is the supreme power

to govern

It lies in the hands of

the Filipino people who

have the right to

choose the type of

government they want

and to define the

powers it shall hold

and exercise.


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It is their right to abolish their government

and form a new one and organize it in

such form as seems to them best for their

welfare and happiness


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1. Sovereignty is exercised indirectly

Through public officials elected by the people

Officials appointed by the elected officials

2. Sovereignty is exercised directly

Suffrage [e.g., Article 5 1987 Constitution]


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Peoples Participation

1. Multi-party system

2. Party-list system

3. Sectoral

representatives

4. Peoples

organization

5. System of initiativeand referendum

6. Plebiscite


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1. Multi-Party System

Allowing different organizations to

participate as political parties

More people will have better chances as

members of those parties to participate in

the political process


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2. Party-list system

The people vote for the party they want to

be represented in the House of

Representatives

The different parties will be entitled to such

number of seats on the basis of the

percentage of the total votes received

[e.g., Art 6, Sec. 5]


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3. Sectoral Representatives

For the first 3 terms

(i.e., from 1987 to

1998) of the seats

for the party-listsystem

It is reserved for the

following sectors orinterests: labor,

peasant, urban poor,

indigenous cultural

communities, women,

youth and such othersectors


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4. Peoples Organization

They are now recognized in the new

Constitution as a means for the people to

work for what they believe is good for

them


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5. System of Initiative and

Referendum

the people are able to

participate in making

laws

By means of recall,the people can

terminate the services

of local officials even

before the expirationof their term of office


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6. Plebiscite

People approve or reject proposed

changes in the constitution

Changes may even be directly proposed

by the people through initiative

It is also through plebiscite that residents

in local government units express their will

with respect to certain local issues.


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Section 2.

The Philippines renounces war as an

instrument of national policy, adopts the

generally accepted principles of

international law as part of the law of theland and adheres to the policy of peace,

justice, freedom, cooperation, and amity

with all nations.


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Renunciation of War as an

Instrument of National Policy

This declaration means that the

Philippines shall never engage in war

where it is the aggressor.

However, it has the right to engage in war

to defend its honor and integrity as a

nation against any foreign enemy


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Every country has the inherent right to self-

preservation

Aggressive War vs. Defensive War


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International Law

Philippines is bound

to enforce accepted

principles of

international law International lawis

the body of laws

governing nations in

their dealings withone another


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Policy of Peace with all Nations

In line with the objectives of the United

Nation

The Philippines seeks only peace and

friendship with the rest of the world.

Supports the rights of all nations to equality,

freedom, justice


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Section 3.

Civilian authority is at all times, supreme

over the military. The Armed Forces of the

Philippines is the protector of the people

and the State. Its goal is to secure thesovereignty of the State and the integrity

of the national territory.


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Supremacy of the Civilian Authority

The President is the commander-in-chief

of the armed forces of the Philippines,

the army, the navy, the air force, and the

marines

The appointment of the high ranking officials

is vested in the President

f


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Armed Forces: Protector of the

State

Armed Forces of the Philippines (AFP)

Its goals is to discharge the function of

being the protector of:

The sovereignty of the State

Integrity of our National Territory


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Section 4.

The prime duty of the Government is to

serve and protect the people. The

Government may call upon the people to

defend the State and, in the fulfillmentthereof, all citizens may be required, under

conditions provided by law, to render

person military or civil service.


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Prime Duty

To serve and protect

the people

It is upon the

implementation of theState Policies

contained in Sections

7 to 28 of Article II.

D f A i t F i


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Defense Against Foreign

Aggression

The Philippines can engage in a defensive

war and it can call upon every citizen to

fight for and serve his country when

needed.


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Personal Military and Civil Service

Army Citizens

Required to render:

Personal military

Civil service

Citizens may not refuse on the ground that to

go to war is against their religion.


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Personal Military Service

One that cannot have another person

perform the service being asked of him

Service must be personal


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Civil Service

Refers to any service

for the defense of the

State other than

military or as soldiers,like as workers in a

munition factory


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under conditions provided by law

Aimed at preventing unreasonable

demands for military or civil service by

certain officials without clear guidelines but

relying solely on their own discretion.


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Section 5.

The maintenance of peace and order, the

protection of life, liberty, and property, and

promotion of the general welfare are

essential for the enjoyment by all thepeople of the blessings of democracy.


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Peace and Order

Duty of the government to maintain peace

and order

Through making laws

Enforcing laws

Promote the general welfare


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Section 6.

The separation of Church and State shall

be inviolable.

P i i l f S ti f th


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Principle of Separation of the

Church and State

Good fences produces good neighbors

The incorporation clause:

The State cannot pass laws which give aid to

one, some, or all religions or prefer one

religion over another

Nor impose any tax to support any religious

activities or religious sect



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State Policies

Article II

Sections 7-12


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State Policies


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Section 7.

The State shall pursue an independent

foreign policy. In its relations with other

states the paramount consideration shall

be national sovereignty, territorial integrity,national interest, and the right to self-

determination.


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Foreign Policy

It is the policy which lays down the course

of courses of action a State shall take in its

dealings with other States.

WWII, when the Philippines was very muchidentified with the US, the country had a

difficult time establishing ties with socialist

nations and other small countries


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Now, the government is required to

adopt an independent foreign policy

guided only by the welfare of the people

and the security of the country.


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Under the Constitution, an independent

foreign policy means that national

sovereignty, territorial integrity, national

interest and the right to self-determinationshall be the primary considerations of the

Philippines in its relations with other

States.


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Section 8.

The Philippines, consistent with the

national interest, adopts and pursues a

policy of freedom from nuclear weapons in

its territory.


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Freedom from Nuclear Weapons

It is a prohibition from:

Making

Storing Manufacturing

Dumping

Of nuclear weapons,

devices, or partsthereof in our country


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Exceptions

The use of nuclear for:

Medicine,

Agriculture,And other beneficial

purposes

If the national interest

so requires The storing of

nuclear weapons in

our territory


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Section 9.

The State shall promote a just anddynamic social order that will ensure theprosperity and independence of the nation

and free the people from poverty throughpolicies that provide adequate socialservices, promote full employment, a risingstandard of living, and an improved quality

of life for all.


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Just and Dynamic Social Order

This is accomplished

through policies that:

Provide sufficient socialservices (in the field of health,

education, housing, etc)

Promote full employment

A rising standard of living

Improve quality of life for all


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Section 10.

The State shall promote social justice in all

phases of national development.


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Section 11.

The State values the dignity of every

human person and guarantees full respect

for human rights.


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Human Rights

Rights against violations particularly by the

government

These are recognized and respected

because of the belief in the dignity andworth of every human person


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Section 12.

The State recognizes the sanctity of family lifeand shall protect and strengthen the family as abasic autonomous social institution. It shall

equally protect the life of the mother and the lifeof the unborn from conception. The natural andprimary right and duty of parents in the rearing ofthe youth for civic efficiency and the

development of moral character shall receive thesupport of the Government.


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Strengthening the Family

The government may not interfere in

matters involving the family nor pass laws

which may in any way weaken it as a

social unit.


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Right to Life

Pertains to the life of the mother and the

unborn

The unborn child possesses certain

human rights


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Exception to the right to life

When the life of the mother is endangered

the life of the unborn child may be

sacrificed

This is not considered abortion


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Rearing of the Youth Since they are constituted as the biggest sector

in the Philippines

Famous saying:

Ang kabataan ang siyang kinabukasan ngbayan


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Declaration of

Principles and State

Policies

Article II

Sections 13-20


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Section 13.

The State recognizes the vital role of the

youth in nation-building and shall promote

and protect their physical, moral, spiritual,

intellectual, and social well-being. It shallinculcate in the youth patriotism and

nationalism, and encourage their

involvement in public and civic affairs.


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Role of the Youth in Nation Building

Youth are better educated, more well-

informed

The constitution recognizes theimportance of the youth

S i 14


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Section 14.

The State recognizes the role of women in

nation-building, and shall ensure the

fundamental equality before the law of

women and men.


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Role of Women in Nation Building

While men and women are not equal in allrespects, the State must see to it that their

fundamental equality is upheld be law

Opportunities for employment Practice of their professions

Pursuit of business

S ti 15


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Section 15.

The State shall protect and promote theright to health of the people and instill

health consciousness among them.

Ri ht t H lth


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Right to Health

The Constitution gives the right to thepeople to health

DOH

Health Centers

etc

S ti 16


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Section 16.

The State shall protect and advance theright of the people to a balanced and

healthful ecology in accord with the rhythm

and harmony of nature.

Right to Balanced and Healthful


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Right to Balanced and Healthful

Ecology

The need for a program to address theecological problems of: Pollution

Waste disposal

Forest denudation Flood drought

Dying river beds

Destruction of waterways, etc

Protect human life

S ti 17


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Section 17. The State shall give priority to education,

science and technology, arts, culture, and

sports to foster patriotism and nationalism,

accelerate social progress, and promote

total human liberation and development.


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The States prioritizes the following throughtheir different programs in the DepEd,

DOST, PSC, etc.

S ti 18


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Section 18.

The State affirms labor as a primary socialeconomic force. It shall protect the rights

of workers and promote their welfare.


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The DOLE and their agencies provideassistance for the Filipinos in terms of

Labor

S ti 19


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Section 19.

The State shall develop a self-reliant andindependent national economy effectively

controlled by Filipinos.

S ti 20


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Section 20.

The State recognizes the indispensablerole of the private sector, encourages

private enterprise, and provides incentives

to needed investments.

Role of private sectors in the


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p

economy

The Constitution doesnot favor an economy

where the State directly

competes with privatebusiness.

The business of

government isgovernance and NOT

money-making


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Declaration of

Principles and State

Policies

Article 2

Sections 21-28


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CARP

See Art XIII on Social Justice and Human

Rights

Section 22


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Section 22.

The State recognizes and promotes therights of indigenous cultural communities

within the framework of national unity and

development

Rights of the Indigenous


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Rights of the Indigenous

Indigenous cultural communities includesthose non-dominant groups in a

population

Ethnic Religious

Linguistic traditions


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The Code of Muslim Personal Laws of the

Philippines

Codifies Filipino Muslim laws and provides for

their administration

Section 23


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Section 23.

The State shall encourage non-governmental, community-based, or

sectoral organizations that promote the

welfare of the nation.


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**The State is REQUIRED to encouragedthese organizations

Section 24


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Section 24

The State recognizes the vital role ofcommunication and information in nation-

building.


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Means of communications such as: Motion pictures

Television

Radio

Newspapers

Magazines

etc

Nation Building


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Nation-Building

The people are enlightened on certainpublic issues

They can also serve as useful tools to

promote unity among the Filipinos

Section 25


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Section 25.

The State shall ensure the autonomy oflocal governments.

Section 26


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Section 26.

The State shall guarantee equal access toopportunities for public service, and

prohibit political dynasties as may be

defined by law.


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This does not allow the existence ofpolitical dynasties or the practice of

keeping political power within the control

of select families Emphasizes the duty of the government to

uphold democratic elections and

appointments

Section 27


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Section 27.

The State shall maintain honesty andintegrity in the public service and take

positive and effective measures against

graft and corruption

Honesty and integrity in public


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service

The Constitution seeks to minimize, if notcompletely to eliminate graft and

corruption.

Section 28


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Section 28.

The Subject to reasonable conditionsprescribed by law, the State adopts and

implements a policy of full public

disclosure of all its transactions involvingpublic interests.


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Section 7 of the Bill of Rights Guarantees the peoples right to know any

transaction entered into by the government

Limited to things which involves public concerns The policy covers matters involving public

interest especially those concerning the

utilization of public funds and property


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Bill of RightsBill of Rights

Article IIIArticle III

Sections 1-4Sections 1-4



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It is the part of the Constitution which listsIt is the part of the Constitution which liststhe basic rights of a person which thethe basic rights of a person which the

Constitution seeks to protect from violationConstitution seeks to protect from violation

by the government, by an individual, or byby the government, by an individual, or byany group of individuals. It thus limits theany group of individuals. It thus limits the

powers of the government.powers of the government.

RightRight


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RightRight

It is the freedom toIt is the freedom todo or not to dodo or not to do

something, assomething, as

recognized by law orrecognized by law or

the Constitution of athe Constitution of acountry.country.

He is free only up toHe is free only up to

that point where histhat point where his

freedom does notfreedom does notintrude or interfereintrude or interfere

with the freedom ofwith the freedom of

others.others.

State authority and individualState authority and individual


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freedomfreedom

1. State, an instrument to promote1. State, an instrument to promoteindividual and social welfareindividual and social welfare

2. Conflict between individual rights and2. Conflict between individual rights and

group welfaregroup welfare 3. Role of Judiciary3. Role of Judiciary

Two Principal Kinds of RightsTwo Principal Kinds of Rights


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Two Principal Kinds of RightsTwo Principal Kinds of Rights

1. Civil Rights1. Civil Rights those rights an individual has against interferencethose rights an individual has against interference

by the government such as the rights to chooseby the government such as the rights to choose

ones religion, to speak and write freely and toones religion, to speak and write freely and to

choose where to have ones home.choose where to have ones home.


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2. Political Rights2. Political Rights those rights which give an individual the power tothose rights which give an individual the power to

participate, directly or indirectly, in the operation ofparticipate, directly or indirectly, in the operation of

the government, such as the rights to vote inthe government, such as the rights to vote in

elections, initiative and referendum, to run for publicelections, initiative and referendum, to run for publicoffice to organize political parties, and to assembleoffice to organize political parties, and to assemble

and petition the government for redress ofand petition the government for redress of

grievancesgrievances

Section 1Section 1


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Section 1Section 1

No person shall be deprived of life, liberty,No person shall be deprived of life, liberty,or property without due process of law,or property without due process of law,

now shall any person be denied the equalnow shall any person be denied the equal

protection of the laws.protection of the laws.

Due ProcessDue Process


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Due ProcessDue Process

The state may deprive a persons life,The state may deprive a persons life,liberty or property provided there isliberty or property provided there is duedue

process of lawprocess of law

It is allowed when it is done:It is allowed when it is done: Under the authority o flaw that is valid or of theUnder the authority o flaw that is valid or of the

ConstitutionConstitution

After the State has complied with the procedureAfter the State has complied with the procedure

prescribed by law with regard to the deprivationprescribed by law with regard to the deprivation

Two things to considerTwo things to consider


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Two things to considerTwo things to consider

Two things to consider on due process:Two things to consider on due process: 1. Ground for deprivation1. Ground for deprivation

A person cannot be punished for an act which is notA person cannot be punished for an act which is not

punishable by law at the time of its commission.punishable by law at the time of its commission. 2. Compliance with procedure prescribed2. Compliance with procedure prescribed

It requires that the person accused of a crime givenIt requires that the person accused of a crime given

notice of the charge against him as well as thenotice of the charge against him as well as the

opportunity to be heard of what he wants to say inopportunity to be heard of what he wants to say inhis defensehis defense

Equal Protection of the LawsEqual Protection of the Laws


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Equal Protection of the LawsEqual Protection of the Laws

Equal treatment under the lawEqual treatment under the law

Persons who are similarly situated mustPersons who are similarly situated must

be treated alike in terms of rights and/orbe treated alike in terms of rights and/or

obligationsobligations

Section 2Section 2


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Section 2Section 2

The right of the people to be secure inThe right of the people to be secure intheir persons, houses, papers, and effectstheir persons, houses, papers, and effects

against unreasonable searches andagainst unreasonable searches and

seizures of whatever nature and for anyseizures of whatever nature and for anypurpose shall be inviolable, and no searchpurpose shall be inviolable, and no search

warrant or warrant of arrest shall issuewarrant or warrant of arrest shall issue


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except upon probable cause to beexcept upon probable cause to bedetermined personally by the judge afterdetermined personally by the judge after

examination under oath or affirmation ofexamination under oath or affirmation of

the complainant and the witnesses he maythe complainant and the witnesses he mayproduce, and particularly describing theproduce, and particularly describing the

place to be searched and the persons orplace to be searched and the persons or

things to be seized.things to be seized.

Search warrantSearch warrant


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Search warrantSearch warrant

It is a written order issued in the name ofIt is a written order issued in the name ofthe People of the Philippines, signed by athe People of the Philippines, signed by a

judge and directed a peace officerjudge and directed a peace officer

commanding him to look for certaincommanding him to look for certainpersonal property and bring it before thepersonal property and bring it before the

courtcourt


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Warrant of ArrestWarrant of Arrest


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Warrant of ArrestWarrant of Arrest

It is a written order to arrest or bring aIt is a written order to arrest or bring anamed person into custody to make himnamed person into custody to make him

answer for possible involvement in theanswer for possible involvement in the

commission of a crimecommission of a crime

Requirements for valid searchRequirements for valid search

t t f tt t f t


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warrant or warrant of arrestwarrant or warrant of arrest

It must be issued by the judgeIt must be issued by the judge Upon determination of probable causeUpon determination of probable cause

The existence of which must be determinedThe existence of which must be determinedpersonally by the judgepersonally by the judge

Under oath or affirmationUnder oath or affirmation

Particularly describing to persons or place to beParticularly describing to persons or place to besearch and seizedsearch and seized

**Without the above statements wthe warrant is**Without the above statements wthe warrant isinvalid.invalid.

Probable CauseProbable Cause


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Probable Cause

There is a good reason fro believing thatThere is a good reason fro believing thatthe law has been brokenthe law has been broken

The statements of the complainant and hisThe statements of the complainant and his

witnesses must be based on the personalwitnesses must be based on the personalknowledge, and not on mere informationknowledge, and not on mere information

from other personsfrom other persons

Warrantless SearchesWarrantless Searches


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Warrantless Searches

Where there is consentWhere there is consent Where search is an incident to or in theWhere search is an incident to or in the

course of, a lawful arrestcourse of, a lawful arrest

In the case of contraband (e.g., prohibitedIn the case of contraband (e.g., prohibiteddrugs, firearms)drugs, firearms)

Where, without search, the possession ofWhere, without search, the possession of

articles prohibited by law is foundarticles prohibited by law is found

Warranless ArrestWarranless Arrest


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Warranless Arrest

When, in his presence, the person to beWhen, in his presence, the person to bearrested has committed, is actuallyarrested has committed, is actuallycommitting, or is attempting to commit ancommitting, or is attempting to commit anoffense;offense;

When he has personal knowledge of factsWhen he has personal knowledge of facts(i.e., not based on mere hearsay or(i.e., not based on mere hearsay orinformation from others) indicating that theinformation from others) indicating that the

person to be arrested has committed anperson to be arrested has committed anoffense; andoffense; and


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When the person to be arrested is aWhen the person to be arrested is aprisoner who has escaped from prison orprisoner who has escaped from prison or

while being transferred from onewhile being transferred from one

confinement to another.confinement to another.

Section 3Section 3


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(1) The privacy of communication and(1) The privacy of communication andcorrespondence shall be inviolable exceptcorrespondence shall be inviolable exceptupon lawful order of the court, or whenupon lawful order of the court, or whenpublic safety or order requires otherwisepublic safety or order requires otherwiseas prescribed by law.as prescribed by law.

(2) Any evidence obtained in violation of(2) Any evidence obtained in violation ofthis or the preceding section shall bethis or the preceding section shall be

inadmissible for any purpose in anyinadmissible for any purpose in anyproceeding.proceeding.

Right to PrivacyRight to Privacy


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g yg y

Is the right of a person to be left alone, orIs the right of a person to be left alone, orthe right to live without interference bythe right to live without interference by

other people in matters with which theyother people in matters with which they

are not necessarily concerned.are not necessarily concerned.

Limitations to the RightLimitations to the Right


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gg

1. upon lawful order of the court1. upon lawful order of the court 2. when public safety or order requires2. when public safety or order requires

otherwise as prescribed by lawotherwise as prescribed by law

Refers to police powerRefers to police power

Evidence Illegally ObtainedEvidence Illegally Obtained


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g yg y

Any evidence obtained in violations of theAny evidence obtained in violations of theright to privacy cannot be used asright to privacy cannot be used as

evidence against the accused or ownerevidence against the accused or owner

even if such evidence clearly establisheseven if such evidence clearly establisheshis guilt.his guilt.

Section 4Section 4 No law shall be passed abridging theNo law shall be passed abridging the


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No law shall be passed abridging theNo law shall be passed abridging the

freedom of speech, of expression, or offreedom of speech, of expression, or of

the press, or the right of the peoplethe press, or the right of the people

peaceably to assemble and petition thepeaceably to assemble and petition the

government for redress of grievances.government for redress of grievances.

Meaning of Freedom of Speech, ofMeaning of Freedom of Speech, of

Expression and of the PressExpression and of the Press


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Expression and of the PressExpression and of the Press

This is also known as freedom ofThis is also known as freedom ofexpressionexpression

It is the liberty to say, write, disseminate ofIt is the liberty to say, write, disseminate of

publish freely whatever one pleasespublish freely whatever one pleaseswithout interference and fear ofwithout interference and fear of

subsequent prosecution or punishment forsubsequent prosecution or punishment for

so doingso doing

ScopeScope


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pp

Speech and ExpressionSpeech and Expression include any forminclude any formof oral utterancesof oral utterances

PressPress covers every sort of publications:covers every sort of publications:

NewspaperNewspaper MagazinesMagazines

BooksBooks

LeafletsLeaflets Radio and TVs also includedRadio and TVs also included

Right not AbsoluteRight not Absolute


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gg

This is to insure that the exercise of thisThis is to insure that the exercise of thisright is not harmful to the community orright is not harmful to the community or

society or injurious to other personssociety or injurious to other persons

Right to AssemblyRight to Assembly


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g yg y

Means the right onMeans the right onthe part of thethe part of the

citizens to gathercitizens to gather

peaceably in apeaceably in apublic meeting topublic meeting to

hear what ideas willhear what ideas will

be expressed therebe expressed there

or to discussor to discuss

subjects in whichsubjects in which

they interestedthey interested

Right of PetitionRight of Petition


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g

Right of any person or group of persons toRight of any person or group of persons toask without fear of penalty, any branch orask without fear of penalty, any branch or

office of the government to take or not tooffice of the government to take or not to

take an action on a complaint or grievancetake an action on a complaint or grievance


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Section 5Section 5


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No law shall be made respecting anNo law shall be made respecting anestablishment of religion, or prohibiting the freeestablishment of religion, or prohibiting the free

exercise thereof. The free exercise andexercise thereof. The free exercise and

enjoyment of religious profession and worship,enjoyment of religious profession and worship,

without discrimination or preference, shallwithout discrimination or preference, shallforever be allowed. No religious test shall beforever be allowed. No religious test shall be

required for the exercise of civil or political rights.required for the exercise of civil or political rights.

Religious FreedomReligious Freedom


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Is the right of an individualIs the right of an individualto worship God and toto worship God and to

embrace certain religiousembrace certain religious

beliefs according to thebeliefs according to thedictates of his consciencedictates of his conscience

without interference fromwithout interference from

any person or anyany person or any

governmental or privategovernmental or private

agencyagency

Religious Profession and WorshipReligious Profession and Worship


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1. Freedom to believe in a religion1. Freedom to believe in a religion free to choose his religionfree to choose his religion

State cannot compel the person to go toState cannot compel the person to go to

church or punish him for his beliefschurch or punish him for his beliefs


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2. Freedom to act in accordance with such2. Freedom to act in accordance with suchbeliefbelief

People may pray or worship as they want toPeople may pray or worship as they want to

They may perform their rituals in accordanceThey may perform their rituals in accordancewith their religious beliefswith their religious beliefs

Religious TestReligious Test


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It is prohibitedIt is prohibited Example:Example:

A law prohibiting the appointment or electionA law prohibiting the appointment or election

to public office of persons who are atheists orto public office of persons who are atheists ordo not believe in God or who believe in ado not believe in God or who believe in a

particular religionparticular religion

Section 6Section 6


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The liberty of abode and ofThe liberty of abode and of

changing the same withinchanging the same withinthe limits prescribed by lawthe limits prescribed by law

shall not be impaired exceptshall not be impaired except

upon lawful order of theupon lawful order of the

court. Neither shall the rightcourt. Neither shall the right

to travel be impaired exceptto travel be impaired except

in the interest of nationalin the interest of national

security, public safety, orsecurity, public safety, orpublic health, as may bepublic health, as may be

provided by law.provided by law.

Liberty of Abode and TravelLiberty of Abode and Travel


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Refers to the right of a person to have hisRefers to the right of a person to have hishome in whatever place he chooses andhome in whatever place he chooses and

then to change his residencethen to change his residence

Also includes the right to go where heAlso includes the right to go where hepleases without interference from thepleases without interference from the

governmentgovernment

Limitations to the RightLimitations to the Right


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Upon lawful order of the courtUpon lawful order of the court When:When:

national securitynational security

Public safetyPublic safety Public health; is endangeredPublic health; is endangered


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The state may require confinement ofThe state may require confinement ofpersons with:persons with:

communicable diseasecommunicable disease

Mentally insaneMentally insane The arrest and detention of persons accusedThe arrest and detention of persons accused

of crimesof crimes

The non-departure from the country toThe non-departure from the country to

persons with criminal casespersons with criminal cases

Section 7Section 7


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The right of the people to information on mattersThe right of the people to information on mattersof public concern shall be recognized. Access toof public concern shall be recognized. Access to

official records, and to documents and papersofficial records, and to documents and papers

pertaining to official acts, transactions, orpertaining to official acts, transactions, or

decisions, as well as to government researchdecisions, as well as to government researchdata used as basis for policy development, shalldata used as basis for policy development, shall

be afforded the citizen, subject to suchbe afforded the citizen, subject to such

limitations as may be provided by law.limitations as may be provided by law.

Right to Information on Matters ofRight to Information on Matters of

Public ConcernsPublic Concerns


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Public ConcernsPublic Concerns

This helps prevent the commission ofThis helps prevent the commission ofcorrupt practices as it will make publiccorrupt practices as it will make public

officials aware that their actions or conductofficials aware that their actions or conduct

are subject to public scrutinyare subject to public scrutiny It also includes the encouragement ofIt also includes the encouragement of

people to participate in public affairspeople to participate in public affairs

LimitationsLimitations


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Records involving the security of the stateRecords involving the security of the stateor which are confidential in character areor which are confidential in character are

excepted.excepted.

Section 8Section 8


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The right of the people, including thoseThe right of the people, including thoseemployed in the public and privateemployed in the public and private

sectors, to form unions, associations, orsectors, to form unions, associations, or

societies for purposes not contrary to lawsocieties for purposes not contrary to lawshall not be abridged.shall not be abridged.

Meaning of Right to formMeaning of Right to form

AssociationsAssociations


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AssociationsAssociations

It is the freedom to organize or be aIt is the freedom to organize or be amember of any group or society as well asmember of any group or society as well as

to adopt certain rules which will be governto adopt certain rules which will be govern

such group or society.such group or society. It also includes the right to leave theIt also includes the right to leave the

society or group of which one is a membersociety or group of which one is a member

at anytime one desires.at anytime one desires.

Section 9Section 9


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Private property shall not be taken forPrivate property shall not be taken forpublic use without just compensation.public use without just compensation.

Meaning of Eminent DomainMeaning of Eminent Domain


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Is the power of the State to take privateIs the power of the State to take privateproperty for public use upon payment ofproperty for public use upon payment of

just compensation.just compensation.

ConditionsConditions


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The taking of the private property must beThe taking of the private property must befor public usefor public use

SchoolSchool

Road wideningRoad widening There must be JUST compensationThere must be JUST compensation

There must be notice and an opportunityThere must be notice and an opportunity

to object expropriationto object expropriation

Section 10Section 10


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No law impairing the obligation ofNo law impairing the obligation ofcontracts shall be passed.contracts shall be passed.

Meaning of Obligations of aMeaning of Obligations of a

ContractContract


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Contract

It is the duty which binds the parties to aIt is the duty which binds the parties to acontract to perform whatever has beencontract to perform whatever has been

agreed upon according to the terms andagreed upon according to the terms and

intent of the contract provided suchintent of the contract provided suchcontract is lawful.contract is lawful.

Purpose of Non-impairmentPurpose of Non-impairment

ProhibitionProhibition


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Prohibition

It is intended to assure the fulfillment ofIt is intended to assure the fulfillment oflawful promises by the contracting parties.lawful promises by the contracting parties.

Problems would arise if contracts were notProblems would arise if contracts were not

binding and if a law could be passedbinding and if a law could be passedpermitting the non-fulfillment by eitherpermitting the non-fulfillment by either

party to a contract of obligations enteredparty to a contract of obligations entered

into legallyinto legally

ImpairmentImpairment


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It is impaired when its terms or conditionsIt is impaired when its terms or conditionsare changed by law or by a party withoutare changed by law or by a party without

the consent of the other therebythe consent of the other thereby

weakening the position or rights of theweakening the position or rights of thelatterlatter


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Section 11Section 11 Free access to the co rts and q asiFree access to the courts and quasi


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Free access to the courts and quasi-Free access to the courts and quasi-

judicial bodies and adequate legaljudicial bodies and adequate legalassistance shall not be denied to anyassistance shall not be denied to any

person by reason of poverty.person by reason of poverty.

Constitutional Rights of theConstitutional Rights of the

Accused in Criminal CasesAccused in Criminal Cases


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The right to adequate legal assistanceThe right to adequate legal assistance The right, when under investigation for theThe right, when under investigation for the

commission of an offense, to be informedcommission of an offense, to be informed

of his right to remain silent and to haveof his right to remain silent and to havecounselcounsel

The right against the use of torture, force,The right against the use of torture, force,

violence, threat, intimidation or any otherviolence, threat, intimidation or any othermeans which vitiates the fee will;means which vitiates the fee will;

Contthe rights of the accusedContthe rights of the accused


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The right against being held in secret,The right against being held in secret,incommunicadoincommunicado, or similar forms of, or similar forms ofsolitary detention;solitary detention;

The right to bail and against excessiveThe right to bail and against excessivebail;bail;

The right to due process of law;The right to due process of law;

The right to presumption of innocence;The right to presumption of innocence;

The right to be hear by himself andThe right to be hear by himself andcounsel;counsel;



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The right to be informed of the nature andThe right to be informed of the nature andcause of the accusation against him;cause of the accusation against him;

The right to have a speedy, impartial, andThe right to have a speedy, impartial, andpublic trial;public trial;

The right to meet the witnesses face toThe right to meet the witnesses face toface;face;

The right to secure the attendance ofThe right to secure the attendance of

witnesses and the production of evidencewitnesses and the production of evidencein his behalf;in his behalf;



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The right against self-incrimination;The right against self-incrimination; The right against detention by reason ofThe right against detention by reason of

political beliefs and aspirations;political beliefs and aspirations;

The right against excessive fines;The right against excessive fines; The right against cruel, degrading, orThe right against cruel, degrading, or

inhuman punishment;inhuman punishment;

The right against infliction of the deathThe right against infliction of the deathpenalty except for heinous crimes; andpenalty except for heinous crimes; and

The right against double jeopardy.The right against double jeopardy.

Free access to Courts and Quasi-Free access to Courts and Quasi-

Judicial BodiesJudicial Bodies


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It considers the plight of low-incomeIt considers the plight of low-incomeworkers, laborers, domestic servants, andworkers, laborers, domestic servants, and

othersothers

Quasi-judicial bodiesQuasi-judicial bodies are agencies of the government which are notare agencies of the government which are not

courts but are given authority like courts tocourts but are given authority like courts to

hear and render decisions (e.g., NLRC, SEC,hear and render decisions (e.g., NLRC, SEC,

Insurance Commission, etc.)Insurance Commission, etc.)

Right to Adequate Legal AssistanceRight to Adequate Legal Assistance


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Duty of the State toDuty of the State to

provide free andprovide free and

adequate legaladequate legalassistance to citizensassistance to citizens

who, by reason ofwho, by reason of

poverty.poverty.



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(1) Any person under investigation for the(1) Any person under investigation for thecommission of an offense shall have thecommission of an offense shall have theright to be informed of his right to remainright to be informed of his right to remainsilent and to have competent andsilent and to have competent and

independent counsel preferably of his ownindependent counsel preferably of his ownchoice. If the person cannot afford thechoice. If the person cannot afford theservices of counsel, he must be providedservices of counsel, he must be provided

with one. These rights cannot be waivedwith one. These rights cannot be waivedexcept in writing and in the presence ofexcept in writing and in the presence ofcounsel.counsel.

ContSection 12ContSection 12


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(2) No torture, force, violence, threat,(2) No torture, force, violence, threat,intimidation, or any other means whichintimidation, or any other means which

violate the free will shall be used againstviolate the free will shall be used against

him. Secret detention places, solitary,him. Secret detention places, solitary,incommunicado, or other similar forms ofincommunicado, or other similar forms of

detention are prohibited.detention are prohibited.

ContSection 12ContSection 12


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(3) Any confession or admission obtained(3) Any confession or admission obtainedin violation of this or Section 17 hereofin violation of this or Section 17 hereofshall be inadmissible in evidence againstshall be inadmissible in evidence againsthim.him.

(4) The law shall provide for penal and(4) The law shall provide for penal andcivil sanctions for violations of this sectioncivil sanctions for violations of this sectionas well as compensation to theas well as compensation to the

rehabilitation of victims of torture or similarrehabilitation of victims of torture or similarpractices, and their families.practices, and their families.

Rights of Person UnderRights of Person Under

InvestigationInvestigation


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They shall enjoy:They shall enjoy: The right to remain silentThe right to remain silent

To have capable counsel of his choiceTo have capable counsel of his choice

To be informed of such rightsTo be informed of such rights

To be protected from:To be protected from:

TortureTorture

ForceForce

ViolenceViolence

ThreatThreat IntimidationIntimidation

And other means that could weaken the free willAnd other means that could weaken the free will


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Any confession obtained as a result ofAny confession obtained as a result ofviolence shall not be admitted as evidenceviolence shall not be admitted as evidence

against himagainst him

Violators of these rights shall be punishedViolators of these rights shall be punishedas provided by law, and the victims andas provided by law, and the victims and

their family shall be given compensationtheir family shall be given compensation

by the government.by the government.



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All persons, except those charged withAll persons, except those charged withoffenses punishable by reclusion perpetuaoffenses punishable by reclusion perpetuawhen evidence of guilt is strong, shall,when evidence of guilt is strong, shall,before conviction, be bailable by sufficientbefore conviction, be bailable by sufficient

sureties, or be released on recognizancesureties, or be released on recognizanceas may be provided by law. The right toas may be provided by law. The right tobail shall not be impaired even when thebail shall not be impaired even when the

privilege of the writ of habeas corpus isprivilege of the writ of habeas corpus issuspended. Excessive bail shall not besuspended. Excessive bail shall not berequired.required.

Meaning of BailMeaning of Bail


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It is the securityIt is the securityrequired by a courtrequired by a court

and given forand given for

temporary releasetemporary releaseof a person who isof a person who is

in custody of thein custody of the

law for a crime orlaw for a crime or

offense allegedlyoffense allegedly

committed by himcommitted by him

Meaning of RecognizanceMeaning of Recognizance


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It is a personal obligation assumed by aIt is a personal obligation assumed by aperson, usually a responsible member of aperson, usually a responsible member of a

community, who is entrusted with thecommunity, who is entrusted with the

temporary custody of an accused, no bailtemporary custody of an accused, no bailfor the release being given.for the release being given.

Purpose of BailPurpose of Bail


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It is allowed to the accused so he mayIt is allowed to the accused so he maystay out of jail while his case is still beingstay out of jail while his case is still being

investigated or heardinvestigated or heard

It assures his appearance at the trial andIt assures his appearance at the trial andallows him to prepare for the trialallows him to prepare for the trial

It is granted because the accused isIt is granted because the accused is

presumed not to be guilty until provenpresumed not to be guilty until proven


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When the accused does not appear whenWhen the accused does not appear whencalled by the court, the bail may becalled by the court, the bail may be

ordered forfeited or confiscated.ordered forfeited or confiscated.

Bail may be in the form of:Bail may be in the form of: Cash depositCash deposit

Property bondProperty bond

Bond secured from a surety companyBond secured from a surety company

When Bail is not AvailableWhen Bail is not Available


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If an offense punishable by:If an offense punishable by: reclusion perpetuareclusion perpetua

deathdeath

If the evidence is strong that a person isIf the evidence is strong that a person isguilty of a capital offense, he cannot beguilty of a capital offense, he cannot be

released on bail.released on bail.

Excessive BailsExcessive Bails


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It is prohibitedIt is prohibited The amount to be given rests on theThe amount to be given rests on the

discretion of the judge hearing the casediscretion of the judge hearing the case

Considers the nature of the offenseConsiders the nature of the offense The penalty attachedThe penalty attached

Probability of guiltProbability of guilt

The financial condition of the accusedThe financial condition of the accused


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(1) No person shall be held to answer for a(1) No person shall be held to answer for acriminal offense without due process of law.criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall(2) In all criminal prosecutions, the accused shall

be presumed innocent until the contrary isbe presumed innocent until the contrary is

proved, and shall enjoy the right to be heard byproved, and shall enjoy the right to be heard byhimself and counsel, to be informed of thehimself and counsel, to be informed of the

nature and cause of the accusation against him,nature and cause of the accusation against him,

to have a speedy, impartial, and public trial, toto have a speedy, impartial, and public trial, to

meet the witnesses face to face, meet the witnesses face to face,



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and to have compulsory process toand to have compulsory process tosecure the attendance of witnesses andsecure the attendance of witnesses and

the production of evidence in his behalf.the production of evidence in his behalf.

However, after arraignment, trial mayHowever, after arraignment, trial mayproceed notwithstanding the absence ofproceed notwithstanding the absence of

the accused provided that he has beenthe accused provided that he has been

duly notified and his failure to appear isduly notified and his failure to appear is

unjustifiable.unjustifiable.

Right of the accused to dueRight of the accused to due

process of lawprocess of law


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The accused is entitled to a fair andThe accused is entitled to a fair andimpartial trial and to other safeguardsimpartial trial and to other safeguards

against injusticeagainst injustice

Right to Presumption of InnocenceRight to Presumption of Innocence


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The accused is presumed innocent untilThe accused is presumed innocent untilproven guiltyproven guilty

It ensures that no person shall beIt ensures that no person shall be

convicted of a crime except when his guiltconvicted of a crime except when his guiltis established by proof beyond reasonableis established by proof beyond reasonable

doubtdoubt

Statutory Presumption of GuiltStatutory Presumption of Guilt


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It is possible to a pass a law whichIt is possible to a pass a law whichprovides that the presumption ofprovides that the presumption of

innocence may be overcome by contraryinnocence may be overcome by contrary

presumptionpresumption AAprima facieprima facie case is established if thecase is established if the

accused is not able to presentaccused is not able to present

contradictory evidencecontradictory evidence

Example:Example:

A person found in possession of a thing takenA person found in possession of a thing taken


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A person found in possession of a thing takenA person found in possession of a thing taken

in the doing o a recent wrongful act (rebellion)in the doing o a recent wrongful act (rebellion)is the taker and the doer (rebellion) of theis the taker and the doer (rebellion) of the

whole actwhole act

Right to be informed of the natureRight to be informed of the nature

and cause of accusationand cause of accusation


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The accused has the right to know exactlyThe accused has the right to know exactlywhat charges have been filed against himwhat charges have been filed against him

It must also be clear to him that hisIt must also be clear to him that his

conviction may mean the loss of hisconviction may mean the loss of hisfreedom or life, depending on the nature offreedom or life, depending on the nature of

the crimethe crime

ArraignmentArraignment


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Consists in furnishing the accused a copyConsists in furnishing the accused a copyof the information (criminal complaint) withof the information (criminal complaint) with

the list of witnessesthe list of witnesses

After which he is asked whether he pleadsAfter which he is asked whether he pleadsguilty or not guilty to the charge or chargesguilty or not guilty to the charge or charges

against himagainst him

Right to be heard by himself andRight to be heard by himself and

counselcounsel


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He must have the assistance of a lawyerHe must have the assistance of a lawyer For they know the procedures and science ofFor they know the procedures and science of

lawlaw

The right to be represented by a counselThe right to be represented by a counselis deemed very important. This is the rightis deemed very important. This is the right

that the accused cannot refuse to avail of.that the accused cannot refuse to avail of.

Right to speedy, impartial andRight to speedy, impartial and

public trialpublic trial


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Speedy trial Speedy trial this right prevents delays inthis right prevents delays inthe administration of justicethe administration of justice If the accused is innocent, a delay meanIf the accused is innocent, a delay mean

continuing injustice for himcontinuing injustice for him

Impartial trial Impartial trial a judge must render hisa judge must render hisdecision in a manner completely free fromdecision in a manner completely free fromsuspicion.suspicion.

He must act in a way that all parties beforeHe must act in a way that all parties beforehim must have confidence in the fairness ofhim must have confidence in the fairness ofhis decisionshis decisions


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Public trial Public trial it is not one where anyoneit is not one where anyonewho so desires shall, in all cases, bewho so desires shall, in all cases, bepermitted to attend criminal trialspermitted to attend criminal trialsAccused friends and relatives and others whoAccused friends and relatives and others who

are interested to observe the proceedingsare interested to observe the proceedingsA trial behind closed doors will enableA trial behind closed doors will enable

unscrupulous judges and lawyers to takeunscrupulous judges and lawyers to takeshort cuts to secure the conviction or acquittalshort cuts to secure the conviction or acquittal

Boisterous and disorderly people may beBoisterous and disorderly people may beexcluded from the trialexcluded from the trial

Right to confrontation of witnessesRight to confrontation of witnesses


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1. the accused has the right to confront or1. the accused has the right to confront ormeet face to face witnesses against himmeet face to face witnesses against him

and cross-examine them in order to testand cross-examine them in order to test

the truthfulness of their testimonies ofthe truthfulness of their testimonies of

statementsstatements


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2. this right is to enable the judge to see2. this right is to enable the judge to seefor himself the manner by which witnessesfor himself the manner by which witnesses

testify in court and thus guide him intestify in court and thus guide him in

determining whether there are telling thedetermining whether there are telling the

truth or nottruth or not

Right to compulsory production ofRight to compulsory production of

witnesses and evidencewitnesses and evidence


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The accused has the right to demand thatThe accused has the right to demand thatother people who have evidence whichother people who have evidence whichwould be helpful to him to appear:would be helpful to him to appear: If necessary, the judge may issue aIf necessary, the judge may issue a subpoenasubpoena

or an order for them to appear or testify inor an order for them to appear or testify incourtcourt

The accused may also ask the judge to orderThe accused may also ask the judge to ordera person to produce in court certaina person to produce in court certain

documents, articles, or other evidence (calleddocuments, articles, or other evidence (calledsubpoena)subpoena)

Trial in the Absence of the AccusedTrial in the Absence of the Accused


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The right of the accused to be personallyThe right of the accused to be personallypresent and to be heard in his defensepresent and to be heard in his defense

even in the trial of a capital offense mayeven in the trial of a capital offense may

be considered waived by him if he fails tobe considered waived by him if he fails to

appear at the trialappear at the trial

The clear purpose of the rule is to speedThe clear purpose of the rule is to speed

up the criminal casesup the criminal cases



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The privilege of the writ of habeas corpusThe privilege of the writ of habeas corpusshall not be suspended except in cases ofshall not be suspended except in cases of

invasion or rebellion when the publicinvasion or rebellion when the public

safety requires it.safety requires it.


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Meaning ofMeaning ofwrit of habeas corpuswrit of habeas corpus


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Literally meansLiterally means to produce the bodyto produce the body It is an order issued by a court a personIt is an order issued by a court a person

commanding him to produce a person hecommanding him to produce a person he

has in custody and to explain or justifyhas in custody and to explain or justifywhy he is detaining that person.why he is detaining that person.

Purpose of the WritPurpose of the Writ


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Is to inquire into all manner of involuntaryIs to inquire into all manner of involuntarydetention or imprisonment asdetention or imprisonment as

distinguished from voluntary, and free thedistinguished from voluntary, and free the

person if he is found to be illegallyperson if he is found to be illegally

detaineddetained

How writ operatesHow writ operates


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The prisoner or any person in his behalfThe prisoner or any person in his behalfmay petition a proper court to issue themay petition a proper court to issue the

writ which is sent to the person holdingwrit which is sent to the person holding

another in his custodyanother in his custody

Such person is ordered to present theSuch person is ordered to present the

prisoner in court at a specified time with anprisoner in court at a specified time with an

explanation as to the reason for holdingexplanation as to the reason for holding

himhim


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After the order is obeyed, the judgeAfter the order is obeyed, the judgereviews the case and determines whetherreviews the case and determines whether

the detention is lawful or not.the detention is lawful or not.

If it is lawful, the prisoner is sent back toIf it is lawful, the prisoner is sent back tocustody; if not, he is ordered released atcustody; if not, he is ordered released at

onceonce

Suspension of the privilege of theSuspension of the privilege of thewritwrit


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It may be suspended by the President inIt may be suspended by the President incase only of invasion or rebellion whencase only of invasion or rebellion when

public safety requires itpublic safety requires it

The temporary suspension of the privilegeThe temporary suspension of the privilegeenables the State to prosecute personsenables the State to prosecute persons

who plot against and endanger itswho plot against and endanger its

existence.existence.


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All persons shall have the right to speedyAll persons shall have the right to speedydisposition of their cases before all judicial,disposition of their cases before all judicial,

quasi-judicial, or administrative bodies.quasi-judicial, or administrative bodies.

Speedy disposition of casesSpeedy disposition of cases


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Unreasonable delay may cause party toUnreasonable delay may cause party tolose faith in the governmentlose faith in the government

It includes not only cases before courts butIt includes not only cases before courts but

also before those agencies under thealso before those agencies under theexecutive branchexecutive branch


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Right against self-incriminationRight against self-incrimination

This is the right of a person not testify inThis is the right of a person not testify in


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This is the right of a person not testify inThis is the right of a person not testify in

court or speak against himself.court or speak against himself.

If this was violated, his right of privacy isIf this was violated, his right of privacy is

invaded and his dignity as an individual isinvaded and his dignity as an individual is

degraded.degraded.

Form of testimony prohibitedForm of testimony prohibited


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The right of a person not be forced to sayThe right of a person not be forced to sayhe has done something against the lawhe has done something against the law

extends to being required to presentextends to being required to present

documents and other articles which maydocuments and other articles which may

incriminate him and to give specimen ofincriminate him and to give specimen of

his handwriting as they are consideredhis handwriting as they are considered

equivalent to being compelled to testify.equivalent to being compelled to testify.



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(1) No person shall be detained solely by(1) No person shall be detained solely byreason of his political beliefs andreason of his political beliefs and

aspirations.aspirations.

(2) No involuntary servitude in any form(2) No involuntary servitude in any formshall exist except as a punishment for ashall exist except as a punishment for a

crime whereof the party shall have beencrime whereof the party shall have been

duly convicted.duly convicted.

Right against detention solely by reasonRight against detention solely by reason

of political beliefs and aspirationof political beliefs and aspiration


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During the martial law, there are manyDuring the martial law, there are manypolitical prisonerspolitical prisoners

The new provision of the Constitution is aThe new provision of the Constitution is a

response to these past event in historyresponse to these past event in history

Involuntary ServitudeInvoluntary Servitude


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Is any service of one to another which isIs any service of one to another which isnot freely rendered.not freely rendered.

Exceptions to the prohibitionExceptions to the prohibition


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1. when the involuntary service is1. when the involuntary service isrendered as punishment for a crimerendered as punishment for a crime

committed by a person;committed by a person;

2. when personal military or civil service is2. when personal military or civil service isrequired of citizens for the defense of therequired of citizens for the defense of the

StateState


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(1) Excessive fines shall not be imposed,(1) Excessive fines shall not be imposed,nor cruel, degrading or inhumannor cruel, degrading or inhuman

punishment inflicted. Neither shall deathpunishment inflicted. Neither shall death

penalty be imposed, unless, for compellingpenalty be imposed, unless, for compelling

reasons involving heinous crimes, thereasons involving heinous crimes, the

Congress hereafter provides for it. AnyCongress hereafter provides for it. Any

death penalty already imposed shall bedeath penalty already imposed shall be

reduced to reclusion perpetua.reduced to reclusion perpetua.



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(2) The employment of physical,(2) The employment of physical,psychological, or degrading punishmentpsychological, or degrading punishment

against any prisoner or detainee or theagainst any prisoner or detainee or the

use of substandard or inadequate penaluse of substandard or inadequate penal

facilities under subhuman conditions shallfacilities under subhuman conditions shall

be dealt with by law.be dealt with by law.

Rights against excessive finesRights against excessive fines


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FineFine is a sum of money imposed by ais a sum of money imposed by acourt as a punishment for a crime.court as a punishment for a crime.

The amount of fines to be collected shallThe amount of fines to be collected shall

be de

compilation preamble chap 1-4

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