Tuesday, October 1, 2019
1987 Constitution of the Republic of the Philippines Bill of Rights Essay
Article III enumerates the fundamental rights of the Filipino people. The Bill of Rights sets the limits to the governmentÃ¢â¬â¢s power which proves to be not absolute. Among the rights of the people are freedoms of speech, assembly, religion, and the press. An important feature here is the suspension of the privilege of the writ of habeas corpus which have three available grounds such as invasion, insurrection and rebellion. PRINCIPLES Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Ã¢â¬â no person shall be deprived of life or principles and dignity without due Process of law or guidelines should be fair then all the protection of each. Section 2. 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. Ã¢â¬â human rights and protection to their property and themselves against the search warrant without evidence against them except to prove that when probable caus e to determine personally the judge after examination under oath or affirmation the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be taken. Section 3. (1) 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. Ã¢â¬â The private communications and correspondence shall be inviolable except by court or when public safety requires otherwise as prescribed by law. (2). Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. -If there is evidence that violation of this or in the next section that is impervious to any purpose. Section 4. 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. Ã¢â¬â no law can be passed or people can assemble and petition or said to the government for redress of grievances that can be able to abridging the freedom of speech or expression. Section 5. 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. -There is no law to prevent an establishment of religion, or prohibiting the free exercise of its civil or political rights. Section 6. 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. Ã¢â¬â The liberty of abode and of changing the same within the limits prescribed by law shall not be made except when disabled according to the law of the court, which may not be impaired except in the national or public man safety as maybe that has been provide by the law. Section 7. 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. -the human right of the information and on public concern shall be recognized, based on the records pertaining to official acts basis to government use for research documents detailed on policy development afforded by the citizen subject to such limitations as may be provided by law. Section 8. 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. -the people including those who are employed to the private sector will form a union or associations to the built a negotiation for them that is not against the law. Section 9. Private property shall not be taken for public use without just compensation. -the private property shall not be used for public use without paying anything or allowed by the owner. Section 10. No law impairing the obligation of contracts shall be passed. -There is no law that can pass impairing to the obligation of contracts. Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. -any person should not be denied by reason of poverty of adequate legal assistance in court. Section 12. (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. -any person that is been under investigation of any offence has a right to inform his right and remain silent and have competent and independent counsel on his choice, if the person cannot afford the service of counsel he must be provided with one and this right must be raised in the court. (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. Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before convict ion, 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. -all persons except those charged with offenses punishable by reclusion perpetua and when evidence is that he/she is guilty strong shall be bailable, has the right to bail. Section 14. (1) No person shall be held to answer for a criminal offense without due process of law. (2) 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. Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it. Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Section 17. No person shall be compelled to be a witness against himself. -no person can be a witness against himself. Section 18. (1) No person shall be solely by reason of his political beliefs and aspirations. -No person only by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. -no person is excepted by the punishment of the crime by only involuntary servitude he should be duly convicted. Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. Section 20. No person shall be imprisoned for debt or non-payment of a poll tax -No man is a prisoner just because tax debt Section 21. 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. Ã¢â¬â Nobody was twice put in jeopardy of punishment. Section 22. No ex post facto law or bill of attainder shall be enacted. Ã¢â¬â No ex post facto law or bill of attainder is legislation. Searches Ã¢â¬â To make a thorough examination of; look over carefully in order to find something; explore. Seashore Ã¢â¬â The coast of the sea; the land that lies adjacent to the sea or ocean. Warrantless Arrest -Under the Rules of Court, Rule 113, Section 5, a warrantless arrest, also known as Ã¢â¬Å"citizenÃ¢â¬â¢s arrest,Ã¢â¬ is lawful under three circumstances: 1. When, in the presence of the policeman, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. This is the Ã¢â¬Å"in flagrante delictoÃ¢â¬ rule. 2. When an offense has just been committed, and he has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it. This is the Ã¢â¬Å"hot pursuitÃ¢â¬ arrest rule. 3. When the person to be arrested is a prisoner who has escaped from a penal establishment. In flagrante delicto warrantless arrest should comply with the element of immediacy between the time of the offense and the time of the arrest. For example, in one case the Supreme Court held that when the warrantless arrest was made three months after the crime was committed, the arrest was unconstitutional and illegal. Warrantless Searches -Our law on search and seizure has essentially been de,-eloped and refined from the injunction in our Constitution thatÃ¢â¬ [t]he right of the people to be secure in their persons, houses, papers, and effects against unreasonable ~earc es and seizures of whatever nature and for any purpose shall not be violated.Ã¢â¬ ]Ã¢â¬â¢ The injunction, however is qualified in terms: what is proscribed are only unreasonable searches and seizures. The Constitutional prohibition therefore readily translates itself into a Ã¢â¬Å"reasonablenessÃ¢â¬ test. search warrant or warrant of arrest shall issue except upon probable cause to be determined by the judge, or such other responsible officer as may be authorized by law, 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.Ã¢â¬ Definition of bail- the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court: (he has been released on bail money paid by or for someone in order to secure their release on bail:they feared the financier would be tempted to forfeit the Ã £10 million bail and flee) Philippine Writ of Amparo Definition and nature: The writ of amparo is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances or threats thereof.(Sec. 1, Rule on the Writ of Amparo, A.M. No. 07-9-12-SC, 25 September 2007), The word Ã¢â¬Å"AmparoÃ¢â¬ is a Spanish term which means Ã¢â¬Å"protectionÃ¢â¬ . Writ of Habeas Corpus Ã¢â¬â is a writ (legal action) which requires a person under arrest to be brought before a judge or into court. This ensures that a prisoner can be released from unlawful detentionÃ¢â¬âthat is, detention lacking sufficient cause or evidence. The remedy can be sought by the prisoner or by another person coming to the prisonerÃ¢â¬â¢s aid. This right originated in the English legal system, and is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action. Double jeopardy -is a procedural defence that forbids a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction. In common law countries, a defendant may enter a peremptory plea of autrefois acquit or autrefois convict (autrefois means Ã¢â¬Å"previouslyÃ¢â¬ in French), meaning the defendant has been acquitted or convicted of the same offence. Self-incrimination -is the act of accusing oneself of a crime for which a person can then be prosecuted. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person.