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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
Declaration of Principles and
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Declaration of Principles and
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
Bill of RightsBill of Rights
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Bill of RightsBill of Rights
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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Bill of RightsBill of Rights
Article IIIArticle III
Sections 5-10Sections 5-10
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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Bill of RightsBill of Rights
Article IIIArticle III
Sections 11-13Sections 11-13
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;
Contthe rights of the accusedContthe rights of the accused
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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;
Contthe rights of the accusedContthe rights of the accused
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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.
Section 12Section 12
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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.
Section 13Section 13
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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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Bill of RightsBill of Rights
Article IIIArticle III
Sections 14-15Sections 14-15
Section 14Section 14
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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,
Section 14Section 14
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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
Section 15Section 15
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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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Bill of RightsBill of Rights
Article IIIArticle III
Sections 16-22Sections 16-22
Section 16Section 16
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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.
Section 18Section 18
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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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Section 19Section 19
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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.
Section 19Section 19
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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