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No One Shall Be Deprived of Life, Liberty and Property: Civil and Political Rights As Applied in The Philippines
No One Shall Be Deprived of Life, Liberty and Property: Civil and Political Rights As Applied in The Philippines
No One Shall Be Deprived of Life, Liberty and Property: Civil and Political Rights As Applied in The Philippines
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 -
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
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
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.
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
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
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
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
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
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
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