p00B.

Right of Assembly - the right on the part of the citizens to meet peaceably for
consultation in respect to public affairs.

C. Right of Petition - right of any person or group of persons to apply, without fear of
penalty to the appropriate branch or office of the government for redress of grievances.

Section 5: No law shall be made respecting an establishment of religion, or

prohibiting the free exercise thereof.

A. Religious Freedom - right of man to worship God, and to entertain such religious
views as appeal to his individual conscience without dictation or interference by any
person or power, civil or ecclesiastical.

B. Religion - includes all forms of belief in the existence of superior beings exercising
power over human beings.

C. Two aspects: Freedom to believe (absolute) and Freedom to act in accordance with
the belief (limited).

Section 6: The liberty of abode and travel

A. Liberty of Abode and Travel - right of a person to have his home in whatever place
chosen by him and thereafter to change it at will, and to go where he pleases without
interference from any source.

B. Limitations:
1. Permissible interference - “except upon lawful order of the court” and except in
the national security, public safety or public health according to law.
2. Intervention of the court - note that under the second limitation, a court order is
not necessary a person whose liberty of abode is violated may petition for a writ of
habeas corpus against another holding him in detention

Section 7: The right of the people to information on matters of public concern

shall be recognized.

A. Writ of Habeas Data - a judicial remedy available to any individual whose right to
privacy in life, liberty, or security is violated or threatened by an unlawful act.

B. Purpose of Writ - by way of regulating the processing of personal information or data

about him. Gives the individual the right to find out what information is being kept about.

Section 8: The right of the people, to form unions, associations, or societies not
contrary to law.

A. The right to form an association - is the freedom to organize or to be a member of

any group or association, union or society and to adopt the rules which the members
judge most appropriate to achieve their purpose. Grants government employees to form
labor unions.

Section 9: Private property shall not be taken for public use without just
compensation.

A. Inherent Powers of Government: Totality of governmental power, contains three

great powers:
1. Power of Eminent Domain - power of the state to take private property for
public use upon paying the owner just compensation.
2. Police Power - power of the state to enact laws and regulations in relation to
person and property as may promote public health, public morals, public safety, and
general welfare of the people.
3. Power of Taxation - power of the state to impose charge or burden upon
persons, property, or property rights for the use and support of the government and to
enable it to discharge its appropriate functions.

B. Illustrations of Police Power:

1. Public health - those regulating the medical profession
2. Public Morals - those punishing vagrancy and prostitution, prohibiting
gambling, etc.
3. Public Safety - those requiring a license to drive a motor vehicle
4. General welfare and convenience - those requiring compulsory registration of
lands, authorizing the removal of billboard offensive to sight, etc.

C. Taxes - are enforced proportional contributions from persons and property levied by
the lawmaking body of the State.

Section 10: No law impairing the obligation of contracts shall be passed.

A. Obligation of Contract - is the law or duty which binds the parties to perform their
agreement according to its terms and intent if it is not contrary to law, morals, good
customs, public order or public policy.

Section 11: Free access to the courts and quasi-judicial bodies and adequate
legal assistance.

A. Constitutional Rights of the Accused in Criminal Cases:

1. Right to adequate legal assistance
2. The right to be informed of his right to remain silent and to have a counsel
3. Right against the use of torture, force, violence, threat, intimidation, or any
other means which vitiates the free will.
4. Right against being held in secret, incommunicado, or similar forms of solitary
detention.
5. Right to bail and against excessive bail
6. Right to due process of law
 7. Right to presumption of innocence
8. Right to be heard by himself and counsel
9. Right to be informed of the nature and cause of the accusation against him.
10. Right to have a speedy, impartial trial.
11. Right to meet the witnesses face to face
12. Right to have compulsory process to secure the attendance of witnesses and
the production of evidence in his behalf.
13. Right against self-incrimination
14. Right against detention by reason of political beliefs and aspirations
15. Right against excessive fines
16. Right against cruel, degrading or inhuman punishment.
17. Right against infliction of the death penalty except for heinous crimes
18. Right against double jeopardy.

B. Reasons for Constitutional Safeguards:

1. A criminal case, an unequal contest - it is of necessity, unequal contest
because the parties are of unequal strength.
2. Criminal accusations, a very serious matter-the defendant by merely being
accused may find himself in immediate trouble whether guilty or not, his reputation is at
question. The accused therefore needs every possible opportunity to defend himself
3. Protection of innocent, the underlying purpose-the purpose is to assure that
truth will be discovered and that justice will be done

C. Right to Free access to courts and Quasi-judicial bodies - for the protection of their
persons and properties, the prevention and redress of wrongs and the enforcements of
contracts.

D. Right to adequate legal assistance - the State has a duty to provide free and legal
assistance to citizens when needed.

Section 12: Right to be informed of one’s rights and be free from any forms of
violence, torture or force.

A. Rights of Person under investigation:

1. to be informed of his right to remain silent
2. to have competent and independent counsel preferably of his own choice or to
be provided with one
3. against the use of torture, force, violence, threat, intimidation, or any other
means w/c vitiates the free will
4. against being held in secret, solitary, incommunicado, or other similar forms of
detention