CIVIL AND POLITICAL RIGHTS AS APPLIED IN THE PHILIPPINES

I. INTRODUCTION Civil and political rights which the law will enforce at the instance of individuals without discrimination for the enjoyment of their lives, liberty amd means of happiness. (Coquia, 2000, p. 56) Concept/Definition: Civil Rights- Civil liberty means freedom from arbitrary interference in ones pursuits as constitutionally guaranteed. (Merriam-Webster, 1996). Political Rights- These are rights to participate directly or indirectly in the establishment of administration of government. (Art.25, Political Covenant). II. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS ICCPR is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966 and in force since March 23, 1976. It commits its parties to respect civil and political rights of individuals. As of March 2012, the covenant has 74 signatories and 167 parties. ICCPR is part of international Bill of Human Rights along with Covenant on Economic, Social and Cultural Rights and the Universal Declaration of Human Rights. (WIKEPEDIA) Salient rights included in the International Covenant on Civil and Political Rights: CIVIL RIGHTS A.Right to Self Determination (Art. 1, Sec. 1) B. Right to life, liberty and security (Art. 6 (1) and 9(1) C. Right to equality of law (Art. 26)) D. Right to privacy (Art. 17,sec.1) E. Right to nationality (Art. 24) F. Right of the arrested and detaine persons G. Right to own property (Art. 17, UDHR) H. Right to marry and found family (Art. 23, sec. 2) I. Right to freedom of thought, conscience and religion (Art. 18, sec. 1)

POLITICAL RIGHTS A. B. C. D. Right to freedom of opinion and expression Right to access to information (UDHR) Right to peaceful assembly for the redress of grievances(Art. 21) Right to participate in government affairs and equal access to public services (Art. 25) E. Right to suffrage III. APPLICATION IN THE PHILIPPINE SETTING CIVIL RIGHTS A. Right to self determination The state shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be the national sovereignty, territorial integrity, nationa; interst and the right to self determination. (Art. II, sec. 7, 1987 Phil. Constitution) B. Right to life, Liberty and Security No person shall be deprived of life, liberty or property without due process of law nor shall any person be denied the equal protection of the laws.(Art. III, Sec. I 1987 Phil. Constitution) Art. 256 and 257 of the Revised Penal Code penalizing abortion whether intentional or unintentional. Prohibition of slavery under Art. 1, Sec.18 (2) which provides: No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. The revised Penal Code penalizes human trafficking/white slavery under Art. 272 therof. No torture, force, violence, threat, intimidation or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.(Art. III, Sec 12(2) Art. 124 and 125 of RPC penalizes Arbitrary Detention. Right to liberty of Abode and right to travel (Bill of Rights) C. Right to Equality of Law No person shall be denied the equal protection of the Laws.(Art. III, Sec.1)

 Equal Protection of the Law further means that all persons or things, similarly situated must be treated alike both as to the rights conferred and the liabilities imposed (Association of small land owners vs. Secretary of Agrarian reform, 175 SCRA 343 (1989). D. Right to Privacy The right of people to be secure in their persons, homes,papers and effects against unreasonable search and seizures of whatever nature and for any purpose shall be inviable xxx (Art. III Sec. 2 of 1987 Constitution) Right to Privacy of communication and correspondence is invialable. (Art. III, sec. 3) Anti-Wire Tapping Law (RA 4200) E. Right to Nationality Provisions in the Phil. Constitution on Citizenship. F. Right of the Arrested and detained person MIRANDA DOCTRINE (Rights of Persons under Custodial investigation) Rights of the Accused 1. Right to due process 2. Right to be presumed innocent 3. Right to be heard by himself and counsel 4. Right to be informed of the nature of the charge against him 5. Right to speedy, impartial and public trial 6. Right to meet witnesses face to face 7. Right to have compulsory process to secure attendance of witness 8. Right against double jeopardy 9. Right to bail Rule 122 of the Rules of Court provides for the right of the accused to appeal G. Right to Own Property Articles 414 to 561 of the Civil Code of the Philippines deals with acquisition of property, whether real or personal, the right of possession and disposition of the same. Art. III, Sec. 1 of the 1987 Phil. Constitution provides: No persons shall be deprived of life, liberty and property without due process of law. H. Right to Marry and Found Family

 The Philippine Constitution states as one of its state policies the recognition of the sanctity of family life and shall protect and strengthen the family as the foundation of the nation.(Coquia, 2000,p. 89) The 1987 Constitution provides for the institution of the Family Code of the Philippines. I. Right to freedom of thought, conscience and religion No law shall be made respecting an establishement of religion, or prohibiting the free exercise thereof.The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religions test shall be acquired for the exercise of civil or political rights. (Art. III, Sec. 5 of the 1987 Phil. Constitution) No person shall be detained solely by reason of his political beliefs and aspirations. (Art. III, Sec. 18 of 1987 Phil. Constitution) A. Freedom of Opinion and Expression No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress and grievances. (Art. III, Sec. 4 of the Phil. Constitution)
B. And Right of Access to Information The Right of the people to information

on matters of public concern shall be recognized. Access to official records, and documents and papers, pertaining to official acts, transactions, or decisions, as well as to government research of data used as basis for policy development, Shall be afforded citizen, subject to such limitations as may be provided by law. (Art. III, Sec. 7) Subject to reasonable conditions prescribed by law, the state adopts and implements a policy of full public disclosures of all its transactions involving public interest. (Art. II, Sec. 28) C. Right to peaceful assembly for the redress of grievances No law shall be passed abridging the freedom of speech, of expression, or of the

freedom of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.(Art. III, Sec. 4) D. Freedom of Association The state shall respect the role of the independent peoples organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means. (Art. XIII, Sec. 15) E. Right to Participate in Government Affairs and Equal Access to Public Services Initiative and referendum as provided for under the Philippine Constitution Election Creation of social Welfare entities and agencies (SSS, GSIS, PhilHealth etc.) F. Right to Suffrage Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property or other substantive requirements shall be imposed on the exercised of suffrage. (Art. V. Sec.1, 1987 Philippine Constitution)