Filipino Citizens and Their Rights

One important feature of a democratic state is the people enjoyment of rights and privileges. As a democratic state, our country guarantees its citizens certain individual rights which are stipulated in Article III (Bill of Rights) of its fundamental charter.

The Bill of Rights

The Bill of Rights is a statement and listing of an individual’s rights and privileges which the fundamental law of the land is designed to safeguard against violations of the government or by an individual or group of individuals. It is the charter embodying the liberties of a person and the limitations upon the power of the state.

As pointed out by Aquino (2006), the bill of rights is but a roster of constitutional provisions that are primarily limitations on the government, declaring that the rights exist without any government grant that may not be taken away by the government and that the government has the duty to protect.

Classifications of Rights

Natural Rights. These are the rights inherent to man and given to him by God as a human being. Examples of these rights are the right to live, love and be happy.

Constitutional Rights. These are the rights guaranteed under the fundamental charter of the country.

Statutory Rights. These are rights provided by the law – making body of a country or by law, such as the 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 the freedom of speech, right to information. They are the rights enjoyed by an individual by virtue of his citizenship in a shape or community.

Economic Rights. These are 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 the right to make a living.

Political Rights. These are rights an individual enjoys as a consequence of being a member of a body politic. Some examples of political rights 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. In other words, a Filipino citizen can be deprived of his life, liberty or property provided he is given the chance to defend himself.

Equal Protection of the Law. This refers to equality in the enjoyment of similar rights and privileges granted by law. Thus, no reason shall be deprived of the same protection of laws enjoyed by other persons in the same place and in similar circumstance.

Right 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 should be inviolable and that no search warrant or warrant of arrest shall be issued except upon probable cause to be determined personally by 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 (Sec. 2, Article 3)

There are, however, instances when search and seizure may be done without warrant (De Leon, 2003). When there is a waiver or consent, a search and seizure can be still considered legal. A warrantless arrest, however, may be made by either private citizens or police officers when the person to be arrested is a prisoner who escaped from prison or person to be arrested has committed, is actually committing or is attempting to commit an offense.

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 the public safety or order requires otherwise as prescribed by law. Any evidence obtained in violation of this shall be inadmissible for any purpose in any proceeding

Freedom of Speech. No law shall be passed abridging the freedom of speech, of expression, or of press, or the right of the people to peaceably assemble and petition the government for redress of grievances (Sec.4, Article III).

The exercise of this right, however, can be limited by the State through its exercise of its police power under the following tests:

1. 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.

2. Clear and Present Danger Rule. Under this test, freedom of speech is not an absolute right. A government can punish a person for speech that presents a clear and present a danger leading to illegal acts. Thus, the right can be curtailed by the government when it can demonstrate a close connection between speech and illegal action

Closely related to the freedom of speech or expression are the right of assembly or right of petition.

Right of Assembly is the right on the part of the citizens to congregate peacefully in a 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 on his complaint or grievance.

Freedom of Religion. Freedom of religion refers to the right of a person to worship God in his own way and practice his religious beliefs without any interference from the government, anybody or group. This right is clearly stated in Section 5 of Article III, which states that no law shall be made respecting the establishments of religion or prohibiting the free exercise thereof.

Just like other rights guaranteed by the Constitution, freedom of religion is not an absolute right. The government can forbid religious practices that endanger the health and morals of the people.

Liberty of Adobe and Travel. Liberty of adobe and power refers to the freedom to choose where one should reside, while liberty of travel means the freedom to move from one place to another without the interference from anybody or government. As stated in Section 6 of Article III, the liberty of adobe and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court.

Right to Information on Matters of Public Concern. This right is clearly stated in Section 7 of Article III. The right of the people to information no matters of public concern shall be recognized. Access to officials records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to governmental research data used as basis for policy development, shall be afforded the citizens, subject to such limitations as may be provided by the law.

Right to Association. The right to association means the freedom of any Filipino citizen to organize and join any society or group, as long as its goals and activities are not contrary to existing laws of the land. The right is clearly cited I Section 8 of Article III , which states that 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.

Right to Just Compensation. This right is mentioned in Section 9 of Article III which states that the private property shall not be taken for public use without just compensation. The government of the country can take over a private property for public use. This is because of its exercise of one of its inherent powers, which is the power of eminent domain.

Non – Impairment of Contracts. Section 10 of Article III states that no law impairing the obligations of contracts shall be passed. The principal purpose of this constitutional provision is that of safeguarding the integrity of valid contractual agreements against unwarranted interference from the States in the form of the law.

For the government to exercise the aforementioned power, the following conditions have to be satisfied:

The property to be taken over by the government shall be for public use;

The owner has to be paid the reasonable value of his property; and

Due process has to be observed in the expropriation proceeding.

Free of 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.

Rights 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 counsel preferably of his own choice. If the person cannot afford the services of the counsel, he must be provided one.

The rights of the person under custodial investigations are sometimes called Miranda rights. These rights commence at the moment an accused is arrested or surrenders to police authorities. Before custodial interrogation begins, the accused has to be notified that he has the right to remain silent, warned that what he may say may be used against him in court, told that he has the right to have his lawyer, one will be provided to him, and permitted to terminate any stage of police interrogation.

Right of an Accused in Criminal Cases. The rights of the accused in criminal cases are outlined in greater detail in Section 14 of Article III. Among these rights are the following:

Right to BailBail is a bond given to secure the

personal liberty of one held in restraint upon a criminal charge. It is a form of security required by the court for the temporary release of an accused.

The right to bail, however is not available to one accused of an offense punishable by reclusion perpetua or life imprisonment and death.

Right to Due Process of LawThis means that an accused has to be

given the opportunity to defend himself in court and that before a judgment is rendered a trial has to be conducted by the impartial court. Decision on his case has to be rendered only after a lawful and fair hearing.

Right to Presumption of InnocenceOne accused of a criminal offense is

always presumed to be innocent. Thus, the burden of proving the guilt of an accused rests on the prosecuting attorney or fiscal. If the guilt is not established, then the case is dismissed and the accused is acquitted.

Right to be Heard by Himself and CounselIn 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 Cause of an Accusation

The accused has the right to know the charges filed against him so that he may be able to prepare for his defense in court. This is done during arraignment, wherein the accused is furnished the information and asked whether he pleads guilty or not. The presentation is usually done in courtroom.

Right to Heard by himself and His CounselIn any court proceeding in the country,

the accused is given the right to defend himself personally with the assistance of the lawyer. There is a need on the part of an accused to hire the services of a lawyer even if he is intelligent as he is not familiar with the rules of the court.

Right to Speedy TrialAll person shall have the right to speedy

disposition of cases before all judicial, quasi-judicial or administrative bodies. As stated in Section 4, Rule 104 of the Rules of Court, a speedy trial is one conducted according to the law of criminal procedures and the rules and regulations, free from vexatious, capricious and oppressive delays.

Right to Confrontation of WitnessesThe accused has the right to meet the

witnesses against him face to face. This right is guaranteed in the Constitution so that 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 statements 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 issues a 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 an AccusedThe trial of an accused can prosper even

in his absence, provided the following conditions are satisfied: the accused has been arraigned; he has been duly notified of the schedule of the trial; and his failure to appear in reasonable and justifiable.

Right to Appeal in Criminal CaseOnce an accused is convicted, he has

the right to appeal his case to higher court.

Right Against Cruel and Unusual PunishmentThe Constitution prohibits the

imposition of excessive fine and the infliction of inhuman and degrading punishment. This is because criminals are still human beings supposed to be treated with respect and dignity.

Right Against Self-IncriminationAs stated in Section 17 of Article III, no

person shall be compelled to be a witness against himself. This is the right against self-incrimination. This goes to show that a person cannot be forced to be a witness against himself or talk against himself as this constitutes breach of his right to privacy.

Right Against Double JeopardyNo person shall be tried twice for the

same offense. The rule of double jeopardy simply means that when a person accused of an offense and the case has been terminated either by conviction or acquittal, he cannot be again charge for the identical or similar offense. This rule is anchored on the principle of justice, conscience and reason.

Right Against Death PenaltyAs stated in the Constitution, death

penalty shall not be imposed unless for compelling reasons involving heinous crimes. As a result, the death penalty imposed on convicted criminals shall be reduced to reclusion perpetua or life imprisonment. Nonetheless, Congress restored the imposition of the death penalty for heinous crimes, by virtue of Republic Act No. 7659.

Heinous crimes punishable by the death penalty under this legislation include the following: treason; piracy; qualified piracy; qualified bribery; parricide; murder; infanticide; kidnapping and serious illegal detention; robbery with violence against or intimidation of persons; destructive arsons; rape; plunder; drug-related offense; and carnapping.

Right Against Detention Due to Political Beliefs and Aspirations

The inclusion of this right in thee supreme law of the land was a response to what happened during the Marcos Regime were numerous political opponents were arrested, detained and charged of rebellion. This constitutional rights guarantees freedom of expression on the part of the Filipino people for espousing political beliefs and aspirations, 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 in case of invasion or rebellion when public safety requires it. The term habeas corpus literally means to produce the body.

Non-Imprisonment Due to DebtNo person shall be imprisoned for debt

or non-payment of a poll tax or community residence tax.

Non-Passage of Ex Post Facto and Bill of Attainder

Section 22 of Article 3 clearly states that no ex post facto law or bill of attainder shall be enacted. An ex post facto law is one that makes criminal an act done before the passage of a law and punishes such act when it was lawful when committed.

Thus, it 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.

A bill of attainder, on the other hand, is a legislative act which inflicts punishment without the benefit of trial. The prohibition against bill of attainder is a direct implementation of the 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.