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 Constitutional Rights Statutory Rights

Civil Rights Economic 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 Natureand 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.