Philippine Politics and Governance (PPG) - Lesson 6-2: Bill of Rights

I. Human Rights

• Definition: Natural rights belonging to all humans regardless of nationality, religion, ethnicity, sex, language, or color.

  • Inalienable rights that protect human dignity.

• Universal Declaration of Human Rights (UDHR):

  • Proclaimed by the United Nations General Assembly in 1948.

  • Milestone document representing a common standard of rights for all people.

• Bill of Rights:

  • Enumeration of an individual’s rights and privileges protected by the Constitution.

  • Limits government power, ensuring specific freedoms for citizens.

II. Classification of Rights

1. Natural Rights:

   • Inherent rights from birth (e.g., right to live, love).

2. Constitutional Rights:

   • Protected by the Constitution and cannot be amended or revoked by legislative bodies.

3. Statutory Rights:

   • Rights created by laws, subject to modification or abolition by legislation.

4. Civil Rights:

   • Rights granted by virtue of citizenship in a state/community.

5. Social or Economic Rights:

   • Rights concerning property—personal, real, or intellectual.

6. Political Rights:

   • Rights associated with membership in a political entity.

   • Example: Right to life, liberty, and property (Art. III, Sec. 1).

     • Life: Encompasses existence and personal development.

     • Liberty: Freedom to express oneself as long as it does not infringe on others’ rights.

     • Property: Ownership subject to laws regarding possession.

III. Constitutional Rights of a Filipino Citizen

1. Due Process of Law:

   • A law must hear a person before condemning them.

   • No deprivation of life, liberty, or property without due process.

   • Aspects:

     • Procedural Due Process: Ensures fair methods in legal proceedings (e.g., notice of hearings).

     • Substantive Due Process: Fairness of the laws themselves.

     • Bill of Attainder: Legislative act declaring guilt without trial.

2. Equal Protection of the Laws:

   • Directive that all individuals should be treated equally under similar circumstances.

   • Ensures equal enjoyment of rights and guarantees.

IV. Freedoms of Expression

1. Freedom from Unauthorized Observation (Right to Privacy):

   • Individuals have the right to privacy regarding communication and correspondence (Art. 3, Sec. 3).

2. Freedom of Speech:

   • Right to express oneself verbally or in writing, subject to limitations under certain doctrines like:

     • Dangerous tendency doctrine.

     • Clear and present danger rule (Art. 3, Sec. 4).

3. Freedom of the Press:

   • Encompasses all forms of media but regulated under public order (Art. 3, Sec. 4).

4. Freedom of Assembly:

   • Groups require permits for meetings and gatherings (Art. 3, Sec. 4).

5. Freedom to Petition the Government:

   • Right to express grievances against government actions (Art. 3, Sec. 4).

6. Freedom of Religion:

   • Individuals can believe freely, but actions may be limited to avoid harm (Art. 3, Sec. 5).

7. Freedom of Abode and Travel:

   • Can be regulated for national interest (Art. 3, Sec. 6).

8. Freedom of Information:

   • People have the right to know about governmental activities, balanced against the need for confidentiality (Art. 3, Sec. 7).

9. Freedom of Association:

   • Right to form groups or organizations, limited for state safety (Art. 3, Sec. 8).

Other Legal Rights

• Right to Just Compensation: No property taken for public use without fair compensation (Art. 3, Sec. 9).

• Obligation of Contracts: Laws shall not impair contractual obligations (Art. 3, Sec. 10).

• Imprisonment for Debt: No person can be jailed for non-payment of a debt (Art. 3, Sec. 20).

• No Ex Post Facto Laws: Laws cannot apply retroactively (Art. 3, Sec. 22).

• Right Against Unreasonable Searches and Seizures: Protects individuals from unlawful searches (Art. 3, Sec. 2).

  • Searches can be conducted without a warrant under certain conditions (e.g., searches incidental to arrest).

  • Search Warrant: Issued by a judge allowing search of property for evidence.

  • Warrant of Arrest: Court order for law enforcement to detain a person for possible crime.

References

• De Leon, H., Textbook on the Philippine Constitution, Quezon City: Rex Bookstore, 2014.

• Universal Declaration of Human Rights