CIVIL AND POLITICAL RIGHTS AS APPLIED IN THE PHILIPPINES The ideal of free human beings enjoying civil and

political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy civil and political rights as well as his economic, social and cultural rights. Definition Rights which the law will enforce at the instance of individuals without discrimination for the enjoyment of their lives, liberty and means of happiness. Examples right to be free from arbitrary arrest and detention freedom from torture right to life -

1. Euthanasia --- Mercy Killing

decision of a person who is terminally ill with little hope of recovering may give his consent to a physician to terminate his life or to withdraw all life support or medicine. Might take the form of homicide A physician or close relatives who decide among themselves the termination of the life of a patient are putting the life of a person who is weak and helpless into their own hands, which constitutes a clear violation of human rights

Abortion
intentional or unintentional expulsion of the fetus from the womans womb before the term of its viability is another violation Phil Consti guarantees the protection of the life of the unborn State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception

Origin: negative rights (no one should..) American Bill of Rights French Declaration

NO ONE SHALL BE DEPRIVED OF LIFE, LIBERTY AND PROPERTY

Prohibition of Slavery and Involuntary Servitude

Phils acceded to the Slave Trade Convention in 1964 Defined as the civil relation in which one person has absolute power over the life, fortune and liberty of another Expanded to cover practices of sale of children, child labor, debt bondage, traffic of persons, exploitation of the prostitution of others Article 8, Covenant: No one shall be he held in slavery and slave trade in all forms shall be prohibited

Right to Self-Determination
right to freely determine their political status and to pursue their economic, social and cultural development UN Resolution: granting independence to colonial countries and peoples and proclaiming the necessity of ending colonialism in all its forms Subjecting people to alien subjugation, domination and exploitation denies people of their fundamental human rights 1987 Consti: State shall pursue an independent foreign policy. In its relations with other states the PARAMOUNT CONSIDERATION shall be 1. national sovereignty 2. territorial integrity 3. national interest 4. right to self-determination reserving to the Filipino citizens the exploration, development and utilization of natural resources, the marine wealth and exclusive economic zones

Involuntary Servitude --- Forced Labor

PhilCons: No involuntary servitude in any form shall exist EXCEPT as punishment for a crime whereof the party shall have been duly convicted 272 RPC the condition of enforced servitude by which the servitor is restricted of his liberty and compelled to labor in satisfaction of some debt or obligation, real or pretended, against his will

Exception to Forced Labor

forced or compulsory labor is not absolutely prohibited imposed as a punishment for crime work as ordered by the court on detained prisoner as condition to his release service in military character national service during calamities, emergencies or as part of normal civil obligation

Right to Life, Liberty and Security

basic because only through it can a human being enjoy all other rights Consti: No person shall be deprived of life, liberty or property without due process of law nor shall any person be denied equal protection of the laws

Death Penalty
RA 7659 abolishing death penalty Political Covenant the Phils ratified in 1986 Every human being has the inherent right to life. This right shall be protected by law. Admonition on Death Penalty: Saint Ambrose : God who preferred the correction rather than death of a sinner, did not desire that a homicide be punished by the execution of another act of homicide.

Torture, Cruel, Inhuman or Degrading Treatment and Punishment

in particular no one shall be subjected without his free consent to medical or scientific experimentation 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. Intolerable subhuman conditions of jails and prisons may be considered inhuman treatment or punishment SEE: ANTI-TORTURE LAW

Equality Before the Law

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law Protection against deprivation of liberty without due process of law of the land is not limited to Philippine citizens. ALSO EXTENDS TO ALIEN RESIDENTS PhilCon: No person shall be denied equal protection of the laws Equal Protection: further means that all persons or things, similarly situated must be treated alike both as to rights conferred and liabilities or responsibilities imposed Retail Trade Nationalization Act = Constitutional -

Right to Fair and Public Trial

accused is entitled to 1. public trial but an impartial tribunal (to prevent arbitrary proceedings) 2. right to a speedy, impartial and public trial to prevent abuse of the state power (Art. III, Sec. 14) 3. defendant must be given an opportunity to be heard 4. judgment must be rendered upon lawful hearing 5. meet the witnesses face to face 6. compulsory process to secure attendance of witnesses 7. production of evidence in his behalf 8. Trial in Absentia : after arraignment, trial may proceed despite the absence of accused PROVIDED that he has been duly notified and failure to appear is unjustifiable

Arbitrary Arrest and Detention

begins not merely from the moment a person is locked in a prison cell but from the moment such person is deprived of his liberty WITHOUT LEGAL GROUNDS See: warrant of arrest Exception: warrantless arrest

Right of Confrontation
right of the accused to meet witnesses face to face INTENDED to give the accused the opportunity to crossexamine them

Warrantless Arrest
by State police officer or private person without judicial warrant arrest a person 1. has committed or is actually committing or attempting to commit an offense in his presence 2. an offense was committed and he has personal knowledge that the person to be arrested has committed the offense 3. prisoner who has escaped strictly interpreted in favor of the individual MERE SUSPICION that the person has committed is NOT A VALID GROUND for warrantless arrest

Self-Incrimination
PhilCon: A person may not be compelled to testify against himself or to confess guilt See Consti lang ah leche flan

Presumption of Innocence
..until the contrary is proved every circumstance favoring the innocence of the accused must be duly taken into account event the strongest suspicion must not be permitted to sway judgment PROOF BEYOND REASONABLE DOUBT is required to overcome the presumption of innocence

Military or Police Checkpoints

SC justified the stop and frisk rule to conduct searches on people as valid police measure only during abnormal times or during an emergency Violation of individual liberty: stopped and searched at random at any time simply because he excited the suspicion caprice hostility or malice of officers

Right to Bail
security filed by an accused for his temporary release Except: charged of a crime punishable by reclusion perpetua and the evidence of guilt is strong Shall not be excessive otherwise also violative = tantamount to denial of the right to bail as defendants did not have capacity to raise the amount

Rights of the Arrested Detained Person

1. 2. right to be informed of his right to remain silent to have competent and independent counsel preferably of his own choice 3. if he cannot afford the services of a counsel, he must be provided with one these rights cannot be waived except in writing and in the presence of counsel any confession or admission obtained in violation of Sec 17 shall be inadmissible in evidence against him law shall provide for penal and civil sanctions for violations of this section as well as compensation and rehabilitation of victims of torture or similar practices and their families

Right to Appeal Ones Conviction of a Crime

necessary requirement of due process if it is granted by the statute as a means of correcting possible substantial error committed by the trial court

Double Jeopardy
PhilCon: No person shall be twice put in jeopardy of punishment of the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act DISMISSAL of case constitutes a waiver of the constitutional right or privilege

Miranda Doctrine
adopted by the Phils See RA 7438 Right to counsel may be waived but the waiver shall not be valid when made without the assistance of counsel

Right to Compensation Due to Miscarriage of Justice

conviction reversed pardoned on a ground that a newly discovered fact shows conclusively that there has been miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law RA 7309 : Board of Claims under the Dept. of Justice to provide compensation for victims of unjust imprisonment or detention, and victims of violent crimes

NO STATE is under the obligation to accept any person seeking asylum as it may adversely affect its friendly relations allegedly persecuting the refugee Cheche: everyone has the right to seek and enjoy in other countries asylum due to political persecution by his/her country May non be invoked by those who committed nonpolitical offenses

Right to Nationality
national may not necessarily be a citizen Nationality is a bond that ties individuals with a given state, that identifies them as members of that entity that enables them to claim its protection Entitles to protection of his rights by the country of which he is a national

Special Procedure for Juveniles

principle of the Best Interest of the Child see RA 9344

Prohibition Against Ex Post Facto Law

statute which renders a previously convicted act a criminal offense, aggravates or increases the punishment for a crime, or alters the rules of evidence, or deprives an accused of some protection or defense previously available PhilCon: No ex post facto law or bill of attained shall be enacted

Right to Marry and Found a Family

Covenant: The right of men and women of marriageable age to marry and found a family shall be recognized PhilCon State policy 1. recognition of the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution 2. State recognized the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development Protect marriage: reqs of valid marriage Conventions 1. Consent to Marriage and the Minimum Age and Registration 2. Elimination on All Forms of Discrimination Against Women

RIGHT TO PRIVACY
PhilCon: guarantees only the privacy of communication and correspondence as inviolable except upon lawful order of the court or when public safety or order requires otherwise as prescribed by law Any evidence obtained in violation shall be inadmissible as evidence in any proceeding SC broadened : privacy of home and person SC prohibits military and police authorities to conduct area target zoning or saturation drives as they violate home and person To include searches and seizures and illegal wiretapping National Computerized Identification System as Unconsti

Right to Own Property

Universal Declaration : Everyone has the right to own property alone as well as in association with others Contribute to the expression of personalities on an and individuals property and provide man with the opportunity of exercising his roles in society and economy Assures a person a highly necessary sphere for his personal and family autonomy and ought to be considered as an extension of human freedoms Civil Code : acquisition of property, real or personal, the right of possession and to dispose of said property See: Eminent Domain

Freedom of Movement and Choice of Domicile

right to liberty of movement and freedom to choose his residence PhilCon: liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court Neither shall the Right to Travel be impaired except in the interest o national security, public safety or public health as may be provided by law Secretary of Foreign Affair authority to withhold issuance or order cancellation or restriction of passports RIGHT TO RETURN: NOT among the rights specifically granted in the Phil Bill of Rights

Freedom of Thought, Conscience and Religion

PhilCon: No law shall me made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship , without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil and political rights. No person shall be detained solely by reason of his political beliefs and aspirations The separation of church and state shall be inviolable Religious freedom Clear and Present Danger : existence of a grave and present danger of a character but grave and imminent, of a serious evil to public safety, public morals, public health or any other legitimate public interest, that the state has a right and duty to prevent

Asylum
granting of sanctuary by State to persons politically persecuted in his own country. The general rule is that asylum is not granted to persons accused of the commission of ordinary crimes or desertion from the Army or Navy

POLITICAL AND RELATED RIGHTS

rights to participate directly or indirectly in the establishment or administration of government rights to enable people to participate in running the affairs of the government, directly or indirectly

Right to participate in Government Affairs and Equal Access to Public Services

Convenant: Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, to public service in his country.

Freedom of Opinion and Expression

PhilCon No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances No person shall be detained by reason of his political beliefs and aspirations Illegal 1. Prior restraint and censorship 2. Subsequent punishment freedom of expression of opinion may be subjected to regulations or limitations as provided by law : libel

Right to Suffrage Right of Access to Information

PhilCon : The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest GSIS public funds PhilCon: 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 have 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 requirement shall be imposed on the exercise of suffrage Includes the right to vote and to be voted upon in periodic elections in order that the will of the people shall be determined as the basis of the authority of the government Includes 1. periodic genuine elections thru an equal and universal suffrage 2. secret balloting in free voting procedures

Right to Peaceful Assembly for the Redress of Grievances

not absolute, can be restricted not peaceful if intended to provoke violence or if the object is to achieve intimidation

Freedom of Association
PhilCon: The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. The State shall respect the role of independent people's 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. Necessary in democratic state May also be restricted or limited Includes right not to join