Article III of the Philippine Constitution recognizes and protects fundamental individual rights, including due process, equal protection, freedom from unreasonable search and seizure, right to privacy, free speech, and peaceful assembly. It outlines specific rights of the accused such as right to bail, speedy trial, protection against self-incrimination, prohibition of ex post facto laws and double jeopardy. The article also guarantees access to courts, habeas corpus, and speedy disposition of cases.
The Philippine Bill of Rights: Civil Rightsbrianbelen
Lecture slides for an undergraduate class on Philippine Politics and Governance I taught between 2003 and 2005.
This is the first of two slides dealing with the Bill of Rights enshrined in the 1987 Philippine Constitution. The slides specifically cover civil rights.
These slides were prepared using Powerpoint XP.
~~~~~~~~~~~~~~~~
http://brianbelen.blogspot.com
http://brianbelen.wordpress.com
Article 3 ; Section 4 Bill of Rights
“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 law should be made that would block the freedom of the people in any manner: speech, expression, and of the press.
4 IMPORTANT RIGHTS EMBODIED IN THIS SECTION
FREEDOM OF EXPRESSION
The right of an individual to speak or utter whatever he wants without prior restraint.
“Freedom of speech does not mean you can say anything you want.”
Mandatory Limitations:
Defamations and libel
Unwarranted attacks on other’s opinions and beliefs
Spreading propaganda, malicious gossip and hate speeches (slander)
Destroying the reputation of others
REMEMBER:
We must only write or publish information that is true and that will not damage a person’s reputation.
Other limitations of freedom of speech include anything lewd or obscene, anything that provokes violence or disorder, seditious messages, and clear and present danger.
Right to a Free Press
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
Filipinos must not be restricted from writing or publishing their opinions and beliefs. They must be free to wite, publish, and circulate whatever they please without constraint.
Freedom of Assembly
The right of people to come together and collectively express, promote, pursue, and defend their idea.
Individuals may hold public meetings or form associations, and may even protest against the government for a certain cause given that there is no violence involved.
Right to Petition
The right of people to make a complaint to, or seek the assistance of, one’s government, without fear of punishment or reprisals.
People may defend their right to petition the government or other institutions for a redress of grievances given that it is peacefully done with the consent of all, and for a good cause.
The Philippine Bill of Rights: Civil Rightsbrianbelen
Lecture slides for an undergraduate class on Philippine Politics and Governance I taught between 2003 and 2005.
This is the first of two slides dealing with the Bill of Rights enshrined in the 1987 Philippine Constitution. The slides specifically cover civil rights.
These slides were prepared using Powerpoint XP.
~~~~~~~~~~~~~~~~
http://brianbelen.blogspot.com
http://brianbelen.wordpress.com
Article 3 ; Section 4 Bill of Rights
“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 law should be made that would block the freedom of the people in any manner: speech, expression, and of the press.
4 IMPORTANT RIGHTS EMBODIED IN THIS SECTION
FREEDOM OF EXPRESSION
The right of an individual to speak or utter whatever he wants without prior restraint.
“Freedom of speech does not mean you can say anything you want.”
Mandatory Limitations:
Defamations and libel
Unwarranted attacks on other’s opinions and beliefs
Spreading propaganda, malicious gossip and hate speeches (slander)
Destroying the reputation of others
REMEMBER:
We must only write or publish information that is true and that will not damage a person’s reputation.
Other limitations of freedom of speech include anything lewd or obscene, anything that provokes violence or disorder, seditious messages, and clear and present danger.
Right to a Free Press
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
The right of an individual to write, publish, and circulate whatever he pleases without restraint. It covers every sort of publication such as newspapers, magazines, books, leaflets, and the like, including radio and television.
Filipinos must not be restricted from writing or publishing their opinions and beliefs. They must be free to wite, publish, and circulate whatever they please without constraint.
Freedom of Assembly
The right of people to come together and collectively express, promote, pursue, and defend their idea.
Individuals may hold public meetings or form associations, and may even protest against the government for a certain cause given that there is no violence involved.
Right to Petition
The right of people to make a complaint to, or seek the assistance of, one’s government, without fear of punishment or reprisals.
People may defend their right to petition the government or other institutions for a redress of grievances given that it is peacefully done with the consent of all, and for a good cause.
Explanation and Summary of Legislative Department in Article VI of the Philippine Constitution.
Reference Book: Philippine Governance and the 1987 Constitution
The Philippine Bill of Rights: Political and Legal Rightsbrianbelen
Lecture slides for an undergraduate class on Philippine Politics and Governance I taught between 2003 and 2005.
This is the second of two slides dealing with the Bill of Rights enshrined in the 1987 Philippine Constitution. In particular, these slides cover the legal and political rights guaranteed by the supreme law of the land.
These slides were prepared using Powerpoint XP.
~~~~~~~~~~~~~~~~
http://brianbelen.blogspot.com
http://brianbelen.wordpress.com
Explanation and Summary of Legislative Department in Article VI of the Philippine Constitution.
Reference Book: Philippine Governance and the 1987 Constitution
The Philippine Bill of Rights: Political and Legal Rightsbrianbelen
Lecture slides for an undergraduate class on Philippine Politics and Governance I taught between 2003 and 2005.
This is the second of two slides dealing with the Bill of Rights enshrined in the 1987 Philippine Constitution. In particular, these slides cover the legal and political rights guaranteed by the supreme law of the land.
These slides were prepared using Powerpoint XP.
~~~~~~~~~~~~~~~~
http://brianbelen.blogspot.com
http://brianbelen.wordpress.com
It establishes the relationship of the individual to the State and defines the rights of the individual by limiting the lawful powers of the State. It is one of the most important political achievements of the Filipinos.
The concept of a Bill of Rights, as such, is essentially an occidental prod-uct. For a number of centuries in British, French, and American political thought, there has grown the conviction that the rights of the individual must be preserved and safeguarded, not through the authority of an individual, not through membership in a particular group or party, not through reliance upon force of arms, but rather through the accepted processes of declared constitutional law.
Free Legal Assistance Group (FLAG), a nationwide human rights lawyers organization in the Philippines.
A material to declare respective communities as Zone of Love and Peace in coordination with the military and police
5. SECTION 12 (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 hereof shall be inadmissible in evidence against him. ARTICLE III
6. (3) • Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) • The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families. ARTICLE III
7. SECTION 13 All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. • The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. • Excessive bail shall not be required. ARTICLE III
8.
9. • And to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. SECTION 14 ARTICLE III
10. SECTION 15 • The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it. SECTION 16 • All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. ARTICLE III
11. ARRESTS AND MIRANDA RIGHTS “ Anything you say can and will be used against you in the court of law.” • This lump of rights, plus the right to Counsel and sans the “freeze”, is called the Miranda Rights . • The Miranda rights stem from the landmark decision of the United States Supreme Court in Miranda V. Arizona. ARTICLE III
12. ARRESTS AND MIRANDA RIGHTS “ The Miranda Doctrine requires that:” • (a) A ny person under custodial investigation has the right to remain silent; • (b) Anything he says can and will be used against him in a court of law; • (c) He has the right to talk to an attorney before being questioned and to have his counsel present when being questioned; • (d) And if he cannot afford an attorney, one will be provided before any questioning if he so desires. ARTICLE III
13. ARRESTS AND MIRANDA RIGHTS “ As a rule, no arrest may be made without a warrant of arrest. The exceptions [also referred to as warrantless arrests] under the Revised Rules on Criminal Procedure (Rule 113, Sec. 5) are arrests made by a peace officer or a private person:” • (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; ARTICLE III
14. ARRESTS AND MIRANDA RIGHTS • (b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and • (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. ARTICLE III
15. HABEAS CORPUS “ Philippine Habeas Corpus Cases are cases decided by the Supreme Court of the Philippines, concerning the writ of Habeas Corpus. ” • The writ of habeas corpus may be suspended in order to prevent any violence in cases of rebellion or insurrection, as the case may be. • Article III, Section 15 provides that: “ The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it.” ARTICLE III
16. HABEAS CORPUS • The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion. • During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released. ARTICLE III