Chapter IV

civil and political rights- 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: 1. right to be free from arbitrary arrest and detention 2. freedom from torture 3. right to life
The said rights essentially trace their origin from the American Bill of Rights and the French Declaration commonly referred to as the negative rights.

 The International Covenant of Civil and Political Rights starts with the right to self-determination, which includes the right to freely determine their political status and to pursue their economic, social, and cultural development.
The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. (Art. II, Sec. 7) No person shall be deprived of life, liberty or property without due process of law x x x (Art. III, Sec. 1)

 No person, not even the state authority, has the right to take the life of a person except in the cases of heinous crimes. The concept of heinous crimes is now limited to grievous offenses like genocide, war crimes, and crimes against humanity. euthanasia- decision of a person who is terminally ill with little hope of recovering may give his consent to a physician to terminate his life or to withdraw all life support or medicine
An attempt to legalize euthanasia in the Philippines failed when it met the opposition of the CHR which contended that it violates Art. 253 of the Revised Penal Code.

 Abortion, whether intentional or unintentional expulsion of the fetus from the mothers womb before the term of its viability is another violation of the right to life. The 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. x x x (Art. II, Sec. 12)
Legalizing abortion in the Philippines also contradicts Articles 256 and 257 of the Revised Penal Code.

slavery- status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised slave- status of a person over whom the right of ownership is attached; considered a chattel which can be disposed of at the will of the master The concept of slavery has been expanded to cover the practices of sale of children, child labor, debt bondage, traffic of persons, exploitation or the prostitution of others.

No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. (Art. III, Sec. 18 [2]) Art. 272 of the Revised Penal Code punishes anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him. Under Art. 8, Sec. 3(b) of the Convention on Civil and Political Rights, forced or hard labor is legal in countries where imprisonment for hard labor may be imposed as a punishment for crime; for work as ordered by a competent court or work required of a detained prisoner upon lawful order of court or as a condition to his release; or service in a military character or national service exacted in cases of emergencies/calamities or as part of normal civil obligation.

torture- any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a 3rd person information or a confession, punishing him for an act he or a 3rd person has committed , or intimidating or coercing him or a 3rd person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or of the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity
No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (Art. III, Sec. 12[2])

 The right of equality before the law prohibits any form of discrimination.
x x x nor shall any person be denied the equal protection of the laws. (Art. III, Sec. 1) equal protection of the law- all persons or things, similarly situated must be treated alike both as to the rights conferred and the liabilities imposed

 Arts. 124 and 125 of the Revised Penal Code penalizes any act of a public officer or employee who detains any person without legal ground. Arbitrary detention begins not merely from the moment a person is locked in a prison cell but from the moment such person is deprived of his liberty without legal grounds. 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 no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. (Art. III, Sec. 2)

 The practice of the police or the military of maintaining checkpoints at some street corners and searching a person passing or stopping a vehicle to conduct searches has been constituted as violation of human rights. 1. 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 competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. 2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

3. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. 4. The law shall provide for penal and civil sanctions for violations of this Section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. (Art. III, Sec. 12)

Miranda Doctrine- an accused must be informed of the following Constitutional rights: 1. right to be duly checked 2. right to be informed of the reason for arrest 3. right to remain silent and to counsel 4. that any statement they make must be with the assistance of the counsel

In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable. (Art. III, Sec. 14[2])

 The right of confrontation of the accused is intended to give him the opportunity to cross-examine the witnesses presented against him. No person shall be compelled to be a witness against himself. (Art. III, Sec. 17) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved x x x. (Art. III, Sec. 14[2])

bail- security filed by an accused for his temporary release

All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. (Art. III, Sec. 13)

 The right to appeal is not expressly provided for in the Philippine Constitution. In many cases decided by the Supreme Court, it has been stated that appeal is a privilege, sometimes treated as a statutory right. No person shall be twice put in jeopardy of punishment for 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. (Art. III, Sec. 21)

Requisites for Protection Against Double Jeopardy: 1. Valid complaint or information 2. filed before a competent court 3. defendant had pleaded to the charge 4. defendant was acquitted, convicted, or the case against him was dismissed or otherwise terminated without the express consent of the defendant

 By virtue of Art. XIII, Sec. 18 of the Philippine Constitution, the Congress has enacted R.A. No. 7309 in 1991, creating the Board of Claims under the Department of Justice to provide compensation for the victims of unjust imprisonment or detention, and victims of violent crimes.

Pursuant to the principle of the best interest of the child, the law has set special procedures for juveniles who become involved in criminal or civil proceedings.

ex post facto law- one which: 1. makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act; 2. aggravates a crime, or makes it greater than it was, when committed; 3. changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed; 4. alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense; 5. assuming to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful; and 6. deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty (in re: Kay Villegas Kami, Inc.)

The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. (Art. III, Sec. 3[1])
The Supreme Court, in a number of cases, has expanded the meaning of the right to privacy.

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. (Art. III, Sec. 6)

The liberty of abode and travel does not include the right to return to ones country, as held in Marcos vs. Manglapus

asylum- granting of sanctuary by a State to persons politically persecuted in his own country The right of asylum cannot be invoked by persons who committed non-political crimes.

nationality- belonging and owing allegiance to a State

Everyone has the right to nationality and no one shall be arbitrarily deprived of his nationality. (Art. 15 of Universal Declaration of Human Rights) The right of men and women of marriageable age to marry and found a family shall be recognized. (Art. 23, Sec. 2 of the Political Covenant)

Everyone has the right to own property alone as well as in association with others. (Art. 17, Sec. 1 of Universal Declaration of Human Rights) 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. (Art. III, Sec. 5) No person shall be detained solely by reason of his political beliefs and aspirations. (Art. III, Sec. 18[1])

The separation of Church and State shall be inviolable. (Art. II, Sec. 6)

political rights- rights to participate directly or indirectly in the establishment or administration of government 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. (Art. III, Sec. 4) Freedom of expression, however, may be subjected to regulations or limitations as provided by law if necessary, in order to maintain respect of the rights and reputation of others, or for the protection of national security, public order, or public morals if the same would result to a violation of Art. 355 and 375 of the Revised Penal Code.

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. (Art. III, Sec. 7) Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. (Art. II, Sec. 28)

peaceful assembly- right of citizens to meet peacefully for consultation in respect to public issues and to petition the government for redress of grievances The right to peaceably assemble may be restricted on the grounds of national security, public order, the protection of public health or morals, or the protection of the rights or freedom of others.

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. (Art. III, Sec. 8) 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. (Art. XIII, Sec. 15)

Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. (Art. V, Sec. 1)

Thank you very much!

LEADER: TAN, Jose Lorenzo
MEMBERS: AURE, Benedict John DIONISIO, Mary Ann JAVIER, Al Joseph MENDOZA, Rudthen SANTOS, Aaron Bailey