Filipino Citizens and Their Rights

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Filipino Citizens and Their

Rights
Bill of Rights

The Bill of Rights is a statement


and listing of individual’s rights
and privileges which the
fundamental law of the land is
designed to safeguard against
violations of the government or
individual or groups of an
individual.
Classification of Rights

 Natural Rights  Civil Rights


 Constitutional Rights  Economic Rights
 Statutory Rights  Political Rights
Natural Rights
 These are Rights inherent to man and
given to him by God as human being .
 Examples of these rights are right to live,
love and be happy.
Constitutional Rights
 These are the rights guaranteed under the
fundamental charter of the country.
 Examples of these rights are the rights
against unreasonable searches and
seizures, the rights against a bill of
attainder, and the rights safeguarding the
accused under the Bill of Rights.
Statutory Rights
 These are the rights provided by the law-
making body of a country or by law.
 Examples of these rights are right to
receive a minimum wage and the right to
preliminary investigation.
Civil Rights
 These are the rights specified under the
Bill of Rights, such as freedom of speech,
right to information. They are enjoyed by
an individual by virtue of his citizenship in
a state or community.
Economic Rights
 These are the rights to property, whether
personal, real or intellectual.
 Some examples of these rights include the
following: right to use and dispose of his
property, right to practice one’s profession,
and right to make a living.
Political Rights
 These are rights an individual enjoys as
consequence of being a member of body
politic.
 Some examples are the following: right to
vote, right to be voted into public office.
The Constitutional Rights of
Filipino Citizens
Due Process
 Due process is a law that hears before it
condemns. This clause in our fundamental
charter means that no person shall be
deprived of his life, liberty or property
unless due process is observed.
Equal Protection of the Law
 This refers to equality in the enjoyment of
similar rights and privileges granted by
law. Thus, no person shall be deprived of
the same protection of laws enjoyed by
other person and the same place and
similar circumstance.
Rights Against Unreasonable
Searches and Seizures
 As stated in the Constitution of the Philippines,
the right of the people to be secure in their
persons, houses, papers, and effects against
unreasonable searches and seizures of
whatever nature and for any purpose shall be
inviolable and that no search warrant of arrest
shall be issued except upon probable cause to
be determined personally by the judge under
oath or affirmation of the complainant and the
witnesses he may produce, and particularly
describing the place to be search and the
persons or things to be seized. (Sec.2 Article III)
Search Warrant
 Is a written court order signed by a judge
authorizing search of property or entry into
somebody’s to look for unlawful possesion
and bring it before the court.
Warrant of Arrest
 Is a written court order issued to peace
officer directing him to take into custody
the identified person for the latter to
answer for his alleged commision of a
crime.
Right to Privacy of
Communication and
Correspondence
 Section 3 of Article III states that the
privacy of communication and
correspondence shall be inviolable except
upon lawful order of the court, or when
public safety or order requires otherwise
prescribed by law.
Dangerous Tendency Rule
 According to this rule, the state can punish
a person for speech encouraging people
to engage in illegal action or become
disloyal to the State even if the danger is
quite remote.
Clear and Present Danger Rule
 Under the test, freedom of speech is not
an absolute right. A government can
punish a person for speech that presents
a clear and present danger leading to
illegal acts.
Freedom of Speech
 No law shall be passed abridging the
freedom of speech, of expression, or of
the press, or the right ot the people to
peaceably assemble and petition the
government for redress of grievaces
(Sec.4 Article III)
Right to Assembly
 Is the right on the part of the citizens to
congregate peacefully in public meeting to
discuss issues and matters of interest to
them.
Right of Petition
 Refers to the right of any citizen to ask any
branch of the government to take action of
his complaint or grievance.
Freedom of Religion
 Freedom of religion refers to the right of
person to worship God in own way and
practice his religious beliefs without
interference from the govrenment anybody
or group.
Liberty of Abode and Travel
 Liberty of abode and travel refers to the
freedom to choose where one should
reside, liberty of travels means the
freedom to move from one place to
another without interference from anybody
or government.
Right on the Information on
Matters of Public Concern
 Section 7 of Article III states the right of
the people to the information on matters of
public concern shall be recognized.
Right to Association
 The right to association means the
freedom of any Filipino citizen to
organized and join on any society or
group, as long as it goals and activities are
not contrary to existing laws of the land.
Right to Just Compensation
Section 9 of Article III states that private
property shall not be taken for public use
without just compensation.
Non-Impairment of Contracts
 Section 10 of Article III states that no law
impairing the obligation of contracts shall
be passed.
Free Access to Courts
 This right is specified under Section 11 of
Article III, which states that free access to
the courts and quasi-judicial bodies and
adequate legal assistance shall not be
denied to any person by reason of poverty.
Right of a Person Under
Custodial Investigation
 Section 12 of Article III states that any
person under investigation for the
commission of an offense shall have the
right to be informed of his right to remain
silent and to have a competent and
independent counsil preferably of his own
choice. These rights can not be waived
except in writing and in the presence of a
counsil.
Rights of the Accused in Criminal
Cases
 The Rights of the accused in criminal cases are
oulined in greater detail in Section 14 of Article
III. Among this rights are the following: right to
bail; right to due process of law; right to
presumption of innocence; right to be heard by
himself and counsil; right to be informed of the
nature and cause of accusation against him;
right to have speedy, impartial, and public trial;
right to meet the witnesses face to face; right to
secure the attendance of witnesses and the
production of evidence in his behalf;right against
self incrimination;
 Right of detention by reason of political
beliefs and aspirations; right against
excessive fines; right against
cruel,degrading or inhuman punishment;
right against infliction of death penalty
except for heinous crimes; and rights
against double jeopardy
Right to Bail
 Bail is bond given to secure the personal
liberty of one held in restraint upon
criminal charge. It is a form of security
required by the court for the temporary
releaseof an accused.
Right to Due Process of Law
 This means that an accused has to given
the oppurtunity to defend himself in court
and that before a judgement is rendered a
trial has to be conducted by an impartial
court.
Right to Presumption of
Innocence
 One accused of criminal offense is always
presumed to be innocent. Thus, the
burden of proving the guilt of an accused
rest on the prosecuting attorney or fiscal.
Right to be Heard by Himself and
Counsel
 In any court trial the accused has the right
to defend himself personally or through his
lawyer. A lawyer is needed by the accused
because he can be convicted not because
he is guilty but because he does not have
the competence of proving his innocence.
Right to be informed of the Nature
and Caused of Accusation
 The accused has the right to know the
charges field against him so that he may
be able to prepare for his defense in court.
Right to Speedy Trial
 All person shall have the right to speedy
disposition of cases before all judicial,
quasi-judicial or adiministrative bodies.
Right to Confrontation of
Witnesses
 The accused has the right to meet the
witnesses against him face to face. This is
guaranteed by the Constitution so the the
counsel of the accused can cross examine
the witnesses. Through this way the court
will also be able to assess the credibility of
the witnesses and their statement publicly.
Right to Compulsory Production
of Witnesses and Evidence
 The accused has the right to demand the
presence of witnesses during the trial and
the production of evidences in his behalf.
Thus, the court is supboena, requiring a
person to appear in court or produce
certain documents or evidence which may
facilitate speedy resolution of a case.
Trial in the Absence of the
Accused
 The trial of the accused can prosper even
in his absence, provided the following
conditions are satisfied: the accused has
been arraigned; he has been duly
notifiedof the schedule of tria; and his
failure to appear is reasonable and
justifiable.
Right to Appeal in Criminal Cases
 Once an accused is convicted, he has the
right to appeal his case to higher court.
Right Against Cruel and Unsual
Punishment
 The Constitution prohibits the imposition of
excessive fine and infliction of inhuman or
degrading punishment. This is beacause
criminals are still human beings supposed
to be treated with respect and dignity.
Right Against Cruel and Self
Incrimnition
 As stated in Section 17 of Article III, no
person shall be compelled to be a witness
against himself.
Right Against Double Jeopardy
 No person shall be tried twice for the
same offense. This is one basic right
guaranteed in our fundamental law.
Right Against the Death Penalty
 As stated in the Constitution, death
penalty shall not be imposed unless for
compelling reasons involving heinous
crimes.
Right Against Detention Due to
Political Beliefs and Aspiration
 This constitutional rights guarantees
freedom of expression on the part of the
Filipino people for espousing beliefs and
aspiration, without fear of arrest and
prosecution.
Non-Suspension of the Privilege
of Habeas Corpus
 The Constitution states that the privilege
of habeas corpus shall not be suspended
except incase of invasion or rebellion
when public safety requires it. The term
habeas corpus literally means to produce
the body. The writ of habeas corpus is an
order directed to a person deataining
another to produce the body of the latter at
a designated time and place.
Non-Imprisonment Due to Debt
 No person shall be imprisoned for debt or
non-payment of poll tax or community
residence tax.
Non-Passage of Ex Post Facto
and Bill of Attainder
 Section 22 Article 3 clearly states that no
ex post facto law or bill of attainder shall
be enacted.
Ex Post Facto Law
 Is one that makes criminal an act done
before tha passage of a law and punishes
such act when it was lawful when
commited.
Bill of Attainder
 Is a ligislative act which inflicts punishment
without the benefit of trial. The prohibition
against bill attainder is a direct
implementation of the principle of
separation of powers by restricting
Congress to rule making and prohibiting
this body from usurping the function of the
judiciary.

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