GIYA SA DISKUSYON

I.
II.
III.
IV.

Tumong
Mga prinsipyo sa TK
Mga Listahan sa mga Katungod
Mga Giya sa Pagpanalipod as TK

Mga tumong:
1. Malab-as balik ang mga batakang konsepto/prinsyo sa tawhanong
katungod
2. Makapanday og mga lakang sa pagpanalipod niini alang as kaugalingon
ug alang sa mga kauban
MGA KONSEPTO/PRINSIPYO
A. Human rights (Tawhanong Katungod)
1)mga katungod nga nahimugso dungan sa pagpanamkon sa tawo
2) Sobra pa sa konseptong legal, siya ang esensiya sa tawo. Ang paglimod
niini mao ang paglimod sa pagkatawo as tawo. (Jose W. Diokno)
B. Civil and Political Rights
C. Due Process Substantive and Procedural
Substantive- Defines, creates rights and obligations and provides for their
punishment
Procedural Manner of enforcing these rights. Strike, but hear me first;
which hears before it condemns, which proceeds upon inquiry and render
judgment only after trial.
----------------------------------BILL OF RIGHTS (Article III of the 1987 Constitution)
Sec 1. 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.
Sec. 2 The right of the people to be secure in their persons, houses, papers
and effects againsr unreasonable seaches ans siezures of whatever nature and for
any purpose shall be inviolable, and no search warrant or warrant of arrest shall
issue except upon propbab;e cause to be determined gious propersonally by the
judge after examination under oath, and particularly describing the place to be
seached and the persons to or things to be siezed;
Sec. 3 (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety or order
requires otherwise as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose of proceeding.
S3c 4. No law shall be passed abridging the freedom of speech, of expression,
or of the press, or the right of the people peacebaly to assembl and petition the
government for redress of grievance
Sec. 5. No law shallbe made respecting an establishment og religion, or
prohibiting the free exercise thereof. The free exercise an enjoyment of religious
profession and worship, without discrimination or preferrence, shall forever be
allowed. No religious test shall be required for the exercise of civil or political rights.
Sec 6. The liberty of abode and of changing the same within the limits
prescribed by aw shall not be impaired except upon lawful order of the court.
Neither shall the right to travle be impared except in the interest of national
security, public safety, or public health as may be provided by law.
Sec 7 The right of the people to information on matter of public concern shall
be recognized. Access to official records, and to documents, and paper pertaining to
official acts, transaction, or decision, as well as to government researchh data used
as basis for policy development, shall be afforded the citizen, subject to such
limitation as may be provided by law.
Sec 8. The right of the people, including those employed in the public and
private sector, to form unitions, association, or societies for purposes not cntrary to
law shall not be abridged.
Sec. 9 Private property shall not e taken for public use without just
compnsation.
Sec. 10 No law impairing the obligation of contracts shall be pased.
Sec. 11 Free access to the courts and quasi-judicial bodies and adequate
leagal assistance shall not be denied to any person by reason of poverty.
Sec. 12 (1) Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and to have a
competent and indpendent counsel preferably of hos own choice. If the person
cannit afford the services of counsel, he must be provided with oe. These rights
cannot be waived except in writing and in the presence of counsel.
(2) NO TORTURE, force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or section 17
herof shall be inadmissible in eveidence against him.

(4) The law shall prvide for penal and civil sanctions for violations of this
section as well as compensation to and rehabiliation of victims of torture or similar
practices, and their families.
Sec. 13 All persons, exept those charged withh offense punishable by
reclusion perpetua when evidence of guilt is strong, shall, before convition, be
bailable by suufficienct sureties, or be released on recognizance as may be provided
by law. The right to bail shall not be impaired even when h e privilige of the writ of
habeas corpus is suspended. Excessive bail shall not be required.
Sec 14. (1) No person shall be held to answer for a criminal offense without
due process of law.
(2) In al criminal prosecutions, the accused shall be presumed innocent utnil
the contrary is proved, and shall enjoy the right to be heard by himseld and consel,
to beinformed of the natire and cause of the accusation against him, to have a
speedy, impartial and public trial, to meet the witnesses face to face, and to have a
compusory process to secure the attendance of witnesses and the production of
evidencein hisbehalf. However, after arraignment, trial may processe
nothwithtanding the absence of the accused provided that he has been duly
notified and his failue to appear is unjustifiable.
Sec. 15. The previlige of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when the public safety requires it.
Sec. 16 All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.
Sec. 17 No person shall be compelled to be a witness against himslef
Sec. 18 (1) No person shall be detaned solely by reason of his political belief.
(2) No involuntary servituded in any form shall exist except as a punishment
for a crime whereof of the party shall have been duly convicted.
Sec. 19 (1) Excessive fine shall not be imposed, nor cruel degrading or
inhuman punishment be inflicted. Neither shall death penalty be imposed, unless,
for compelling reasons involving heinous crime crime, the Congress hereafter
provides for it. Ny death penalty already imposed shall be reduced to reclusion
perpetua.
(2) The employment of physical, psychological, o
r degrading punishment against any prisoner or detained or the use of
substandard or inadequate penal facilities under subhuman conditions shall be dealt
with by law.
Sec. 20 No personshall be imprisoned for debt or non-payent of a poll tax.

Sec. 21 No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or aquittal under
either shallconstitute a bar to another prosecution for the same act.
Sec. 22 No expost facto lae or bill of attainder shall be enacted.

---------------------------------------------------Warrantless arrest (Sec5, rule 113)

a) When in his presence, the person to be arrested ha committed, is actually
committing, or is attempting to commit an offense;
b) When an offense has just been committed ad he has probable cause to
believe based on personal knwoledge of facts or cirmcumstance that the
person to be aretsed has committed it;
c) When the prisoner to be arresed is a prisoners who has escaped from
penal establishment ot place where he is servin final judgement or is
temporarily confined while his case is pending, or has escaped while being
transferred from on confinment to another.
In cases fallibg under paragraphs (a) and (b) above, the person arrested
without a warrant shall be forthwith delivered to the nearest police station
or jail and shall be proceeded against in accordance with section 7 of rule
112)