Republic of the Philippines

Mountain Province State Polytechnic College

Bontoc, Mountain Province

PHILIPPINE CONSTITUTION

Unit 5 – 7 of 10

BILL OF RIGHTS

Prepared by:
ATTY. EUNICE FLEUR BELVIS
09478429759
fleurbelvis@gmail.com

School of Criminal Justice Education and Liberal Arts

Second Semester, School Year 2023-2024

UNIT 5: Freedom of Speech and Expression
Sec. 4, Art. III. 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.

1. Concept
Free speech and free press may be identified with the liberty to discuss publicly
and truthfully any matter of public interest without censorship (restriction) and
punishment.
The scope of freedom of expression is so broad that it extends protection to nearly
all forms of communication. It protects speech, print and assembly regarding secular
as well as political causes, and is not confined to any particular field of human interest.

a. Continuum of thought, speech, expression, and speech acts

Communication exists when:

(1) A speaker, seeking to signal others, uses conventional actions because he or she
reasonably believes that such actions will be taken by the audience in the manner
intended; and
(2) The audience so takes the actions.
In communicative action, the hearer may respond to the claims by either
accepting the speech acclaims or opposing them with criticism or requests for
justification.
The right is not limited to vocal communication.

CONDUCT

Conduct - is sometimes referred to as ‘symbolic speech,’ such that when ‘speech’ and
‘non-speech’ elements are combined in the same course of conduct,’ the ‘communicative
element’ of the conduct may be ‘sufficient to bring into play the right to freedom of
expression.

Expression and speech include:

1. Written or spoken words (recorded or not recorded)
2. Symbolic speech (e.g. wearing of armbands as a symbol of protest, burning of flag,
tearing of cedulas).
3. Films and television programs.

Note: While the right has a widespread scope, it is not absolute. Examples of
unprotected speech are obscenity, child pornography, and libel.

b. Purpose of free speech doctrines

a. The right of the people to participate in public affairs, including the right to criticize
government actions. Speech that promotes dialogue on public affairs, or airs out
grievances and political discontent, should thus be protected and encouraged.
b. Free speech involves self-expression that enhances human dignity. This right is a
means of assuring individual self-fulfillment, among others.

c. Balance between unbridled expression and liberty

Freedom of expression is not absolute, nor is it an unbridled license that gives
immunity (protection) for every possible use of language and prevents the punishment
of those who abuse this freedom.
Thus, all speech are not treated the same. Some types of speech may be subjected
to some regulation by the State under its pervasive police power, in order that it may
not be injurious to the equal right of others or those of the community or society.

2. Special topics in Free Expression Cases

a. Hate Speech: Speech designed to promote hatred on the basis of race, religion,
ethnicity or national origin. Speech that demeans another on the basis of race, ethnicity,
gender, religion, age, disability, or any other similar ground that is hateful.

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 Speech that carries no meaning other than the expression of hatred for some
group, such as a particular race, especially in circumstances in which the
communication is likely to provoke violence.
In Philippine jurisdiction, it is arguable that “hate speech” is not protected
speech. The Court recognized that the right to freedom of expression is not absolute
and that some forms of speech are still subject to some restrictions.

Fighting words - words which by their very utterance, inflict injury or tend to incite an
immediate breach of the peace.

Test
The test is what men of common intelligence would understand would be words
likely to cause an average addressee to fight. "Fighting words" are not entitled to
constitutional protection and may be penalized.
Fighting words refer to profane or vulgar words that are likely to provoke a violent
response from an audience.

Note: Profane or vulgar words when not directed at any particular person, ethnic or
religious group, are not subject to subsequent punishment.

b. Defamation and Libel

Libel – is a published false statement that is damaging to a person’s reputation. Libel
is defamation by print, writing, pictures, or signs.
Slander - is defamation by oral expressions or transitory gestures.

Libel is not a constitutionally protected speech. The government has an obligation

to protect individuals from defamation.

Elements of Libel:
a. The allegation of a discreditable act or condition concerning another;
b. Publication of the charge;
c. Identity of the person defamed; and
d. Existence of Malice.

When is malice present?

There is malice when the author of the imputation is prompted by ill-will or spite
and speaks not in response to duty but merely to injure the reputation of the person
who claims to have been defamed.

Defamatory Imputation
General Rule: Every defamatory imputation is presumed to be malicious. Even if it be
true, if no good intention and justifiable motive for making it is shown.

Exceptions:
1. A private communication made by any person to another in the performance of
any legal, moral or social duty; and
2. A fair and true report, made in good faith, without any comments or remarks, of
any judicial, legislative or other official proceedings which are not of confidential
nature, or of any statement, report or speech delivered in said proceedings, or of
any other act performed by public officers in the exercise of their functions.

Cyber libel: Only the original author of the statement should be prosecuted for cyber
libel. Because of the unique culture of cyberspace, the inclusion of those who just
shared the statement in the case would have a chilling effect upon them. This makes
the law overbroad and therefore in violation of freedom of expression.

c. Sedition and Speech in Relation to Rebellion

Seditious Speech is an Unprotected Speech
Criticism is permitted to penetrate even to the foundations of Government.
Criticism, no matter how severe, on the Executive, the Legislature, and the Judiciary,

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is within the range of liberty of speech, unless the intention and effect be seditious
(rebellious).
When the intention and effect of the act is seditious, the constitutional guaranties
of freedom of speech and press and of assembly and petition must yield to punitive
measures to maintain the prestige of constituted authority, the supremacy of the
constitution and the laws, and the existence of the State.

d. Obscenity/Pornography
Obscenity – is defined as something offensive to chastity, decency, or delicacy;
something that is foul or filthy, and for that reason offensive to pure-minded persons.
When used as in the statute (law) to describe the character of a book, pamphlet or
paper, it means containing immodest and indecent matter, the reading whereof would
have a tendency to deprave and corrupt the minds of those into whose hands the
publication might fall whose minds are open to such immoral influences.
As obscenity is an unprotected speech which the State has the right to regulate,
the State in pursuing its mandate to protect, as parens patriae, the public from obscene
(explicit), immoral (depraved) and indecent (offensive) materials must justify the
regulation or limitation.

Examples:
(a) patently offensive representations or descriptions of ultimate sexual acts, normal or
perverted, actual or simulated; and
(b) patently offensive representations or descriptions of masturbation, excretory
functions, and lewd exhibition of the genitals.

e. Commercial Speech
Commercial speech is speech that does no more than propose a commercial
transaction. It is a separate category of speech which is not accorded the same level of
protection as that given to other constitutionally guaranteed forms of expression but is
nonetheless entitled to protection.

f. National Emergencies
One of the misfortunes of an emergency, particularly, that which pertains to
security, is that military necessity and the guaranteed rights of the individual are often
not compatible.

g. Speech of Public Officers

No Member (Senator or member of the House of Representatives) shall be
questioned nor be held liable in any other place for any speech or debate in the
Congress or in any committee thereof (PHIL. CONST., art. VI, § 11).

 Speech or debate refers to speeches, statements, or votes made within Congress

while it is in session, or duly authorized actions of congressmen in the discharge
of their duties.

Parliamentary immunity - guarantees the members of Congress, the freedom of

expression without fear of being held responsible in criminal or civil actions before
courts or fora outside of Congress, but this does not protect them from being held
responsible by the legislative body. The members may nevertheless be questioned in
Congress itself.
For unparliamentary conduct, members of the Congress have been or could be
censured, committed to prison, or even expelled by the votes of their colleagues. A
libelous letter of a congressman, published in a newspaper, does not fall under “speech
or debate” protected by the Constitution.

3. Cognate rights
a. Freedom of assembly
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 (PHIL. CONST., art. III, § 4).

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 The right to peaceably assemble and petition for redress of grievances is, together
with freedom of speech, of expression, and of the press, a right that enjoys primacy in
the realm of constitutional protection.
City or town mayors are not conferred the power to refuse to grant the permit,
but only the discretion in issuing the permit to determine or specify the streets or public
places where the parade may pass or the meeting may be held.
Absent any clear and present danger of a substantive evil that the State has a
right to prevent, the right to peaceable assembly in public places like streets and parks
cannot be denied.

"Assembly" means a right on the part of the citizens to meet peaceably for consultation
in respect to public affairs.

"Public assembly" means any rally, demonstration, march, parade, procession or any
other form of mass or concerted action held in a public place for the purpose of
presenting a lawful cause; or expressing an opinion to the general public on any
particular issue; or protesting or influencing any state of affairs whether political,
economic or social; or petitioning the government for redress of grievances.

"Public place" shall include any highway, boulevard, avenue, road, street, bridge or
other thoroughfare, park, plaza, square, and/or any open space of public ownership
where the people are allowed access. (B.P. 880, Sec. 3[b])

Application Permit
General Rule: A written permit shall be required for any person or persons to organize
and hold a public assembly in a Public Place.
Exceptions: No permit shall be required if the public assembly shall be done or made
in a:
1. Freedom park duly established by law or ordinance or;
2. In Private property, in which case only the consent of the owner or the one entitled
to its legal possession is required; or
3. In the Campus of a government-owned and operated educational institution
which shall be subject to the rules and regulations of said educational institution.

b. Freedom of Association
Sec. 8, Art. III. The right of the people, including those employed in the public
and private sectors, to form unions, association, or societies for purposes not
contrary to law shall not be abridged.

The freedom of association is recognized as belonging to people whether employed

or unemployed, and whether in the government or in the private sector. It includes the
right to unionize.
Every group has a right to join the democratic process, association itself being
an act of expression of the member’s belief, even if the group offends the sensibilities of
the majority.

Q: How should the limitation “for purposes not contrary to law” be interpreted?
A: Unless an association or society could be shown to create an imminent danger to
public safety, there is no justification for abridging the right to form associations.

c. Freedom of Information
Sec. 7, Art. III: The right of the people to information on matters of public
concern shall be recognized. Access to official records, and to documents and
papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.

POLICY OF FULL PUBLIC DISCLOSURE v. RIGHT TO INFORMATION

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Policy of Full Public Disclosure [Sec. 28, Art. II]
● It covers all transactions involving public interest, including any matter
contained in official communications and public documents of the government
agency.
● It does not require demand.
● It pertains to duty to disclose of the government, pursuant to the policy of full
public disclosure.

Right to Information on Matters of Public Concern [Art. III, Sec. 7, Art. III]
 It covers matters of public concern.

These twin provisions of the Constitution seek to promote transparency in policy-

making and in the operation of the government, as well as provide the people sufficient
information to exercise effectively other constitutional rights.
These twin provisions are also essential to hold public officials “at all times
accountable to the people”, for unless the citizens have the proper information, they
cannot hold public officials accountable for anything.

Right to Information covers matters of public concern:

1. Official records
2. Documents pertaining to official acts
3. Government research data used as basis for policy development

Examples of Matters of public concern

● Loanable funds of GSIS
● Appointments made to public offices and the utilization of public property
● National board examinations such as the Board Exams

Restrictions to the Right to Information Based on Kinds of Information

Exempted information
1. Information of military and diplomatic secrets
2. Information affecting national and economic security
3. Information on investigations of crimes by law enforcers before prosecution.
4. Trade secrets and banking transactions.
5. Offers exchanged during diplomatic negotiations.
6. Other confidential matters (i.e. RA 6713, closed door Cabinet meetings,
executive sessions, or internal deliberations in the Supreme Court).

UNIT 6: Freedom of Religion

Sec. 5, Art. III. No law shall be made respecting an establishment of religion; or
prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be
allowed. No religious test shall be required for the exercise of civil or political
rights.

The constitutional assurance of religious freedom provides two guarantees:

1. The Non-Establishment Clause - No law shall be made respecting an establishment
of religion; or prohibiting the free exercise thereof.
2. The Free Exercise Clause - The free exercise and enjoyment of religious profession
and worship, without discrimination or preference, shall forever be allowed.

1. Basic Principles

a. Purpose
The constitutional prohibition on legislation on the subject of religion has a
double aspect.
1. It forestalls compulsion by law of the acceptance of any creed or the practice of any
form of worship.
This concept prevents the imposition of laws that would force individuals to follow a
specific religion or engage in particular forms of worship against their will.
2. It safeguards the free exercise of the chosen form of religion.

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b. Definition of Terms

Religion - is defined as a profession of faith to an active power that binds and elevates
man to his Creator. It has reference to one’s views of his relations to His Creator and to
the obligations they impose of reverence to His being and character and obedience to
His Will.

Church - refers to a temple, a mosque, an iglesia, or any other house of God which
metaphorically symbolizes a religious organization. Thus, the "Church" means the
religious congregations collectively.

3. Principle of Separation of Church and State.

“The separation of Church and State shall be inviolable.”

This means that there is a wall of separation between the Church and the State.
There should be a clear distinction and independence between religious institutions and
the government. This concept ensures that the government does not favor or promote
any specific religion, and the individuals are free to practice their belief without
interference from the state. It also serves to protect the government from being
influenced or controlled by religious authorities promoting a secular and inclusive
society where individuals of all faiths are treated equally under the law.

Basis
The principle of separation of Church and State is based on mutual respect.
Generally, the State cannot meddle in the internal affairs of the church, much less
question its faith and dogmas or dictate upon it. It cannot also favor one religion and
discriminate against another.
On the other hand, the church cannot impose its beliefs and convictions on the
State and the rest of the citizenry. It also cannot demand that the nation follow its
beliefs, even if it sincerely believes that they are good for the country.

Rationale:
"Our history, not to speak of the history of mankind, has taught us that the union
of church and state is prejudicial to both, for occasions might arise when the state will
use the church, and the church the state, as a weapon in the furtherance of their
respective ends and aims."

The rationale of the rule is summed up in the familiar saying, "Strong fences
make good neighbors." The idea is to delineate (determine) the boundaries between the
two institutions and, thus, avoid encroachments by one against the other because of a
misunderstanding of the limits of their respective exclusive jurisdictions. The
demarcation line calls on the entities to "render therefore unto Caesar the things that
are Caesar's and unto God the things that are God's."

Jurisprudence: RE: LETTER OF TONY Q. VALENCIANO, AM No. 10-4-19-SC, 2017-

03-07

Facts: Valenciano reported that the basement of the Hall of Justice of Quezon City (QC)
had been converted into a Roman Catholic Chapel. He pleaded with the Supreme Court
to prohibit the holding of religious rituals in the hall of justice. He claims that holding
of masses at the basement of the Quezon City Hall of Justice violates the Constitutional
principle of Separation of Church and State.

Judge Lutero opined that it is not the conduct of masses in public places which
the Constitution prohibited, but the passage of laws.

Issue: Whether or not the holding of masses at the basement of the Quezon City Hall of
Justice violates the Constitutional principle of Separation of Church and State.

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Held: No. The Supreme Court held that holding of religious rituals in the Halls of Justice
DOES NOT amount to a union of Church and State. The holding of Catholic masses at
the basement of the QC Hall of Justice is not a case of establishment, but merely
accommodation.
1. There is no law, ordinance or circular issued by any duly constitutive authorities
expressly mandating that judiciary employees attend the Catholic masses at the
basement.
2. When judiciary employees attend the masses to profess their faith, it is at their own
initiative, without any coercion from the judges or administrative officers.
3. In no case shall a particular part of a public building be a permanent place for
worship for the benefit of any and all religious groups. There shall also be no
permanent display of religious icons in all halls of justice in the country.

3. Non-establishment Clause
The non-establishment clause principally prohibits the State from sponsoring
any religion or favoring any religion as against other religions. This means that the State
cannot establish or sponsor an official religion. It mandates a strict neutrality in affairs
among religious groups.
Essentially, it prohibits the establishment of a state religion and the use of public
resources for the support or prohibition of a religion.

Examples of prohibited Acts of the State under the Non-Establishment Clause

1. The State cannot set up a Church.
2. The State cannot pass laws which aid one religion, aid all religion, or prefer one
religion over another.
3. The State cannot force nor influence a person to go to or remain away from church
against his will or force him to profess a belief or disbelief in any religion.

Strict Neutrality
● It requires the state to be neutral in its relation with groups of religious believers
and the relationship is not necessarily adversarial
● It allows for interaction between church and state, but is strict with regard to state
action which would threaten the integrity of religious commitment.

Prohibited Acts of the State under the Non-Establishment Clause

The non-establishment clause reinforces the wall of separation between Church and
State. It simply means that:
1. Prayer and Bible-reading in public schools
2. Financial subsidy for parochial schools
3. Religious displays in public spaces such as a display of granite monument of the
10 commandments in front of a courthouse is unconstitutional for being
unmistakably non-secular
4. No tax in any amount, large or small, can be levied to support any religious
activity or institution whatever they may be called or whatever form they may
adopt or teach or practice religion.

Acts Permitted by Non-Establishment Clause under the Constitution

1. Tax exemption
Sec. 28 (3), Art. VI. Charitable institutions, churches and personages or convents
appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and
improvements, actually, directly, and exclusively used for religious, charitable, or
educational purposes shall be exempt from taxation.

2. Limited public aid to religion

Sec. 29(2), Art. VI. No public money or property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of religion, or of any priest, preacher,
minister, other religious teacher, or dignitary as such, except when such priest,
preacher, minister, or dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.

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4. Free Exercise Clause

Concept
The right to religious profession and worship has a two-fold aspect:
a. Freedom to believe – absolute protection
b. Freedom to act on one’s belief – subject to regulation

1. Freedom to believe
This is absolute as long as the belief is confined within the realm of thought. The
individual is free to believe (or disbelieve) as he pleases concerning the hereafter. He
may not be required to prove his beliefs. He may not be punished for his inability to do
so. Religion, after all, is a matter of faith. "Men may believe what they cannot prove."
Everyone has a right to his beliefs and he may not be called to account because he
cannot prove what he believes.

2. Freedom to act on one's beliefs

This is subject to regulation where the belief is translated into external acts that
affect the public welfare.
Where the individual externalizes his beliefs in acts or omissions that affect the
public, his freedom to do so becomes subject to the authority of the State. As great as
this liberty may be, religious freedom, like all other rights guaranteed in the
Constitution, can be enjoyed only with a proper regard for the rights of others.

Examples of Free Exercise Clause

1. Freedom to propagate religious doctrines
2. Non-disqualification of religious leaders from local government office.
3. Working hours from 7:30 am to 3:30 pm without break during Ramadan.

Can the sale of bibles and religious leaflets be taxed?

In the case of American Bible Society vs. City of Manila, the Philippine Supreme
Court ruled that requiring a Mayor’s permit as a pre-requisite for the sale of bibles
amounts to “religious censorship and restrained the free exercise and enjoyment of
religious profession.”
The ruling should not be taken to mean, however, that, “religious groups are free
from the financial burdens of government.” The Supreme Court had the occasion to
make distinctions.

UNIT 7: Liberty of Abode and Freedom of Movement and Eminent Domain

1. Liberty of Abode and Freedom of Movement
Sec. 6, Art. III: The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety or public health, as may be provided by law.

Definition of Terms:
Liberty of abode - refers to the right to choose one’s residence and to leave it
whenever he pleases.
Right to travel - refers to the right to move from one place to another.

The Constitutional provision means that a man has the right to choose his own home
or residence and he has have the right to travel wherever he wants to go. It is the right
to live and go anywhere he wants but subject to restrictions.

1. Scope and Limitations

Scope
Freedom of movement includes two rights:
1. Freedom to choose and change one’s place of abode (residence).
2. Liberty to travel within the country and outside.

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Limitations
a. Liberty of Abode - may be impaired only upon lawful order of the court.
E.g. A man imprisoned for 40 years cannot choose where he lives.

A condition imposed by the court in connection with the grant of bail is an

example of a valid limitation to liberty.

b. Right to Travel - may be impaired even without a lawful order of the court
E.g. City councils are authorized to enact curfew ordinances and enforce it through
their local officials to restrict the minors’ exercise of the right to travel.

Executive officers can curtail this right only on the basis of “national security,
public safety, or public health” and “as may be provided by law”.

E.g.
• Human Security Act,
• Covid19 pandemic and quarantine
• Duterte declared martial law in Mindanao in May 2017 after hundreds of fighters
from the Maute and Abu Sayyaf armed groups laid siege to the southern city of
Marawi

The executive of a municipality does not have the right to force citizens of the
Philippines to change their domicile from one locality to another.

However, there are restrictions on the right to travel. For example, the restraint
on the right to travel of the accused on bail is valid to avoid the possibility of losing
jurisdiction if the accused travels abroad.