Art III Bill of Rights (Phil)

THE
BILL OF RIGHTS
Overview:
What is Bill of Rights?
WhydowehaveaBillofRights
inourConstitution?
What rights are Filipinos entitled to under Article III
of the 1987 Constitution?
What is Bill of Rights?
-Itmaybedefinedasadeclarationandenumerationofa
persons rights and privileges which the Constitution is
designed to protect against violations by the government,
byanindividual,orgroupsofindividuals.
-Itisafundamentalcharacteristicofarepublicansystem
-It is a charter of liberties for the individual and a
limitationuponthepoweroftheState.
What is the Significance of the Bill of Rights?
-Government is powerful. When unlimited, it

becomes tyrannical. The Bill of Rights guarantee
thattherearecertainareasofapersonslife,liberty,
and property which government power may not
touch.
Basic Classification of Rights

1. Natural Rights
-these are inherent to a person as creation of God. e.g. Natural
RightunderConstitution(Life,Liberty,Property)andrighttolove.
2. Constitutional Rights
-these are rights which are granted and protected by the
constitution.
3. Statutory Rights
-thesereferstorightsprovidedbylawswhicharegrantedbythe
legislature and may be abolished by the same, e.g. Right to
maternityleaveforemployedwomen,etc.
Classification of Constitutional Rights

a) Political Rights
-those right a citizen exercises to participate in the affairs of
the government.
e.g.Righttosuffrage,rightofcitizenship,etc.
b) Civil Rights
-those right that a citizen enjoys in pursuance of
individual happiness and development.
e.g.Righttoproperty,righttoabodeandtraveletc.
Classification of Constitutional Rights

c) Social and Economic Rights
-rights intended to ensure the well-being and economic
security of the individual.
d) Rights of the Accused
-intended to protect persons accused of any crime.
Political v. Civil v. Legal Political Rights

Political Rightsarethosethatpertaintoanindividuals
participationingovernmentorthepoliticalprocess.WhileCivil
Rights basically refer to the rights enjoyed by individuals,
enablinghimtoundertaketheeverydaybusinessoflife.
Political v. Civil v. Legal

Legal Rights areappliedtoindividualswhensubjectedtothe
lawand/orlegalproceduresandprocesses.
Political v. Civil v. Legal Political Rights

Freedom of speech, of expression, or of the press;
the right of assembly and petition; and the right to
form associations are likewise an examples of civil
rights. However, they partake of the nature of political
rights when they are utilized as means to participate in
the government
Political and Civil Rights can have meaning only if
concrete measures are taken to breathe of life and
substance to social and economic rights which include
cultural rights.
THE
BILL OF RIGHTS
Part I: Civil Rights
Article-III, Section-3
Privacy of Communication and Correspondence
"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.
Civil Rights Under Article-III, Section-3
Explanation: Every person has the right to keep his

communication or correspondence a secret. His
communication with others by phone or by letter is a
personal or private matter that nobody should intrude
upon.
But this right can be lawfully suspended upon order
of the court if the safety and security of the people is at
stake.
Statutory laws protecting the right to PRIVACY :

Republic Act 4200
-Anti-WiretappingAct
Republic Act 9995
-Anti-PhotoandVideoVoyeurismAct
Sample Case: A telephone conversation between two

(2) drug pushers secretly recorded by police officers
by tapping its wire without court order is not
acceptable. As evidence in court due to the privacy of
communication
enshrined
in
the
Philippine
Constitution. However, recording of conversation
through telephone extension is not a violation of the
Anti-Wire Tapping Law.
Freedom of Speech, of Expression, and of the Press
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.
Four (4) Important Rights Embodied in Article III,

Section 4:
1.
2.
3.
4.
Freedom of Speech;
Right to a Free Press;
Freedom of Assembly;
The Right of Petition.
1. Freedom of Speech means an individual is free to

speak or utter whatever he wants without prior
restraint.
2. Right to a Free Press means an individual is free
to write, publish, and circulate whatever he pleases
without restraint.
Speech and expression refer to any form of oral utterances, while press
covers every sort of publication such as newspapers, magazines, books,
leaflets, and the like. Radio and television are also included. Freedom of
speech and expression and freedom of the press are collectively called
Freedom of Expression.
3. Freedom of Assembly- refers mainly to peaceful

demonstrations related to public affairs.
4. The Right of Petition- to take up ones
grievances with government without fear of
persecution.
Freedom of Speech is not absolute, neither is a

Free Press.
Limitations to Freedom of Speech
i.
ii.
iii.
iv.
v.
Severe calumny;
Anything lewd or obscene;
Anything that provokes violence or disorder;
Seditious messages;
Clear and present danger.
Forms of Calumny
1.
2.
Libel- untruthful information/character assassination

in written, and using print or broadcast media.
Slander- spoken untruthful information / character
assassination .
Clear and Present Danger if the uttered threat seems

serious (i.e. the intent appears to be serious), immediate,
grave and realistic.
Freedom of Religion
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
tests shall be allowed for the exercise of civil or
political rights.
This provision is an implement to the doctrine of

separation of church and state. However, the
members of a religious organization cannot use
religious profession as a justification in
committing crimes. Thus, a religious sect using
human beings as sacrifice for their god is not
immune from criminal suit.
2 Rights found in Section 5:

1. Non-Establishment of Religion
-nonadvancementofareligion,nonfavoringofreligionagainstother
religions
2. Free-Exercise of Religion
-freedom of conscience and freedom to adhere to such religious
organization or form of worship as the individual may choose cannot
berestrictedbylaw.
Freedom to Believe
-Itsafeguardsthefreeexerciseofthechosenformofreligion.
(Freedom to Act)
Prohibition of Religious Test
-No religious test shall be required for the

exerciseofcivilorpoliticalrights.
e.g Religion is not a requirement to be employed
in the government
The Right to Travel
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. The
right to travel shall not impaired except in the interest
of national security, public safety, or public health, as
may be provided by law
Liberty of Abode and Travel

-This means that every person has a right to established his
home in any place. He is also free to change his abode or
transfer it from one place to another.Itincludestheright to
travel freely in the Philippines and outside therefore to any
foreigncountry,subjecttothefollowingconditions:
(a)uponlawfulorderofthecourt;and
(b) in the interest of national security, public safety, or
public
healthasprovidedbylaw.
Right to Information
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 to the citizens, subject
to such limitations as may be provided by law.
Freedom of the Press and freedom of access to information

bearing on governmental decision are fundamental elements
of Popular Sovereignty.
People have the right to access public records such as
records of a case in court subject to reasonable rules and
regulations, except when it is very clear that the purpose of
examination of public record is unlawful, sheer or idle curiosity.
It is not the duty of the custodians of the records to concern
themselves with the motives, reasons, and objects of the
person seeking access to such documents or information.
Limitations on the Right

1.Nationalsecuritymatters.
2.Tradesecretsandbankingtransactions.
3.Criminalmatters.
4.Otherconfidentialmatters.
The Right to Form Union
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.
Unionism is a necessity to place employees or labor sectors

to the bargaining levels same as that of their employers in
relation to negotiations of terms and conditions of
employment. However, while employees in the public sector
may form union, they are not entitled to stage strike to press
their demands to improve the terms and conditions of their
employment.
Limitation on the Right
-The right to form associations or societies may

be abridged or interfered with by the State in the
exerciseofitsPolicePower.Thisisthemeaningofthe
phraseforpurposenotcontrarytolaw.
Question:
If a public and private company has required every
employee to sign an agreement as part of his employment
contract that he will not join any labor unions, societies or
associations, does this constitutes violation of Art. III, Sec. 8
of the Philippine Constitution?
Answer:
Yes. It is a form of unfair labor practice.
Commentary:
If public employees are prohibited to go on strike, the essence
of forming unions in government entities show lack of logic. It
is also a clear suppression to their right for redress of
grievances. Thus, it contradicts to Art. III, Section 4 of the
1987 Philippine Constitution.
The Right to Just Compensation
Private property shall not be taken for public use

without just compensation.
This is in connection with the inherent rights of the

state, specifically, the Right of Eminent Domain.
Just Compensation
-the amount to be paid for the expropriated
property shall be determined by the proper court,
based on the fair market-value at the time of the
taking.
Non-Impairment Clause
No law impairing the obligation of contracts shall be

passed.
Discusses the sanctity of contracts and

obligations;
Laws affecting contracts cannot be applied
retroactively;
all contracts illegal in nature are non-binding.
Note:
A contract is a meeting of minds between parties with
respect to rendition of service or performance of
obligation to give something, Government is prohibited
from interfering with agreement of parties since it is
considered as a law between the contracting parties.
Limitation:
The freedom of contract is necessarily limited by the

exerciseofthepolicepoweroftheStateintheinterest
ofgeneralwelfareandespeciallyinviewoftheexplicit
provisions in the Constitution with reference to the
promotionofsocialjustice(e.g. Void Contract)

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THE

What is Bill of Rights?

What is the Significance of the Bill of Rights?

-Government is powerful. When unlimited, it

Basic Classification of Rights

Classification of Constitutional Rights

Classification of Constitutional Rights

Political v. Civil v. Legal Political Rights

Political v. Civil v. Legal

Political v. Civil v. Legal Political Rights

Part I: Civil Rights

"The Privacy of communication and

Civil Rights Under Article-III, Section-3

Explanation: Every person has the right to keep his

Civil Rights Under Article-III, Section-3

Statutory laws protecting the right to PRIVACY :

Civil Rights Under Article-III, Section-3

Sample Case: A telephone conversation between two

No law shall be passed abridging the

Civil Rights Under Article-III, Section-4

Four (4) Important Rights Embodied in Article III,

Civil Rights Under Article-III, Section-4

1. Freedom of Speech means an individual is free to

Civil Rights Under Article-III, Section-4

3. Freedom of Assembly- refers mainly to peaceful

Civil Rights Under Article-III, Section-4

Freedom of Speech is not absolute, neither is a

Civil Rights Under Article-III, Section-4

Libel- untruthful information/character assassination

Clear and Present Danger if the uttered threat seems

No law shall be made respecting an

Civil Rights Under Article-III, Section-5

This provision is an implement to the doctrine of

Civil Rights Under Article-III, Section-5

2 Rights found in Section 5:

Civil Rights Under Article-III, Section-5

Prohibition of Religious Test

-No religious test shall be required for the

The liberty of abode and of changing the same

Civil Rights Under Article-III, Section-6

Liberty of Abode and Travel

The right of the people to information on matters of

Civil Rights Under Article-III, Section-7

Freedom of the Press and freedom of access to information

Civil Rights Under Article-III, Section-7

Limitations on the Right

The right of the people, including those employed in

Civil Rights Under Article-III, Section-8

Unionism is a necessity to place employees or labor sectors

Civil Rights Under Article-III, Section-8

Limitation on the Right

-The right to form associations or societies may

Civil Rights Under Article-III, Section-8

Civil Rights Under Article-III, Section-8

Private property shall not be taken for public use

Civil Rights Under Article-III, Section-9

This is in connection with the inherent rights of the

No law impairing the obligation of contracts shall be

Civil Rights Under Article-III, Section-10