Tuesday, January 19, 2010

Disqualified Voters (Art. V)

1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or granted amnesty. But such person shall automatically reacquire the right to vote upon expiration of five years after service of sentence.

2. Any person who has been adjudged by final judgment by competent court of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of anti-subversion and firearms law, or any crime against national security, unless restored to his full civil and political rights in accordance with law. Such person shall likewise automatically regain his right to vote upon expiration of five years after service of sentence.

3. Insane or incompetent persons as declared by competent courts.

Qualifications of Filipino Voters (Art. V)

1. a citizen of the Philippines;

2. not otherwise disqualified by law;

3. at least eighteen years of age; and

4. Have resided in the Philippines for at least one (1) year and in the place he proposes to vote for at least six months preceding the election.

Forms of Suffrage (Art. V)

1. Election – the means by which the people choose their officials for definite and fixed period and to whom they entrust the exercise of powers of government.

2. Plebiscite – It refers to a vote of the people expressing their choice for or against a proposed law or enactment submitted to them.

3. Referendum – It is the submission of a law or part thereof passed by legislative body to the voting citizens of a country for ratification or rejection.

4. Initiative – the process whereby the people directly propose and enact laws or amendments to the Constitution.

5. Recall – It is a method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people.

Suffrage (Art. V)

Suffrage is the right and obligation to vote of qualified citizens in the election of certain national and local government and in the decision of public questions submitted to the people.

Kinds of Philippine Citizenship (Art. IV)

1. Natural Born – those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.

2. Naturalized – those who are non-filipino citizens from birth but who later acquired Filipino citizenship through a judgment of the court, an act of congress, or an administrative proceedings.

Who are citizens of the Philippines (Art. IV)

1. Those who are citizens of the Philippines at the time of the adoption of the 1986 Constitution;

2. Those whose fathers or mothers are citizens are citizens of the Philippines;

3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

4. Those who are naturalized in accordance with law.

Methods of Acquiring Citizenship (Art. IV)

1. Involuntary Method – acquired because of blood relationship or place of birth.

a. Jus sanguinis principle – Blood relationship is the basis for the acquisition of citizenship.

b. Jus soli principle – Place of birth serves as the basis for the acquisition of citizenship.

2. Voluntary Method – acquired through naturalization, which is an act of formally adopting an alien into a political body and vesting him rights and privileges of citizenship.

Citizenship (Art. IV)

Citizenship is a term denoting membership of a person in a political society, which membership implies, reciprocally, a duty of allegiance o the part of the member and duty of protection on the part of the political society.

Citizen is a person having the title of citizenship.

Sunday, January 17, 2010

Right Against Ex Post Facto Law and Bill of Attainder (Sec. 22, Art. III)

An ex post facto law is a law which operates retroactively and makes an act done before its passage, innocent when done, criminal, or makes the crime greater than when it was committed, or inflicts a greater punishment than what the law provided to the crime when it was committed, or alters the legal rules of evidence and receives less testimony than what the law required at the time of the commission of the offense in order to convict the offender.

In general, criminal laws cannot be given retroactive effect. But if it is favorable to the accused, it should be should be given retroactive effect.

A bill of attainder is a legislative act which inflicts punishment without a judicial trial.

Right Against Double Jeopardy (Sec. 21, Art. III)

When a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without his express consent, he cannot again be charged for the same offense.

An accused is placed in double jeopardy if the following conditions are present:

1. He has been previously brought to trial;

2. The trial court has jurisdiction over the case;

3. The complaint or information is valid;

4. The accused has been arraigned and entered a plea;

5. The accused has been convicted or acquitted or the case against him has been dismissed or otherwise terminated without his express consent; and

6. He is being charged again for the same offense.

Right Against Infliction of the Death Penalty Except for Heinous Crimes (Sec. 19 (1), Art. III)

The Constitution allows only the imposition of death penalty on crimes considered as heinous. Congress is also allowed by the Constitution to pass a law prescribing the crimes which are heinous. On December 13, 1993, Republic Act 7659, which imposes death penalty on certain crimes which it deemed as heinous, was approved. But on June 23, 2006, Congress abolished the death penalty.

Right Against Cruel, Degrading or Inhuman Punishment (Sec. 19 (1), Art. III)

Punishments are cruel or inhuman when they involve torture or lingering death such as burning alive, mutilation, starvation, drowning and other barbarous punishment.

Punishments are degrading when it brings humiliation and shame to the accused, and exposes him to ridicule or contempt, or lowers his dignity and self-respect as a human being.

Right Against Excessive Fines (Sec. 19 (1), Art. III)

The amount of the fines that shall be imposed against an accused is within the sound discretion of the court. Usually, if it is within the limits of a statute, the fine cannot be held excessive.

Courts can declare a fine prescribed by a statute as excessive if it is clearly so, considering the nature of the offense and the ability of the accused to pay the same.

Right Against Detention by Reason of Political Beliefs and Aspirations (Sec. 18 (1), Art. III)

This right is included in the 1986 Constitution because during the Martial Law era thousands were detained because of their political beliefs and without charges being filed against them. They were called “prisoners of conscience” or political prisoners. The framers of the 1986 Constitution deemed it appropriate to include this right in order not to repeat the said incidents of the Martial Law period.

Right Against Self-Incrimination (Sec. 17, Art. III)

No person shall be forced to give testimony on anything that may expose him to criminal liability. His refusal to testify on self-incriminating matters shall not be used as a presumption of guilt or taken as evidence against him.

This right shall apply not only to the accused but also to a witness. It can be invoked in criminal, civil, administrative, and legislative proceedings.

This right is purely personal and may be waived. It may not be invoked to protect the accused from public ridicule or from some liability not arising from any criminal action.

Right to Have Compulsory Process to Secure the Attendance of Witnesses and the Production of Evidence In His Behalf (Sec. 14 (2), Art. III)

In the exercise of this right, an accused may ask the court to issue any of the following:

1. subpoena ad testificandum – an order requiring a person to appear in court testify in a case.

2. subpoena duces tecum – an order requiring a person to produce in court certain documents, articles, or other evidence.

The court may also order the prosecution to allow the accused to inspect evidence material to the case which is under its custody.

Right to Meet the Witnesses Face to Face (Sec. 14 (2), Art. III)

The reasons behind this right are to give an opportunity to the accused to cross-examine the witnesses against him to test the veracity of their testimony, and to give the judge an opportunity to see the demeanor and appearances of witnesses while testifying.

Right to Have a Speedy, Impartial, and Public Trial (Sec. 14 (2), Art. III)

Speedy trial means a trial that can be had as soon as possible, after a person is indicted and within such time as the prosecution with reasonable diligence, could prepare for it. The trial should be free from vexatious, capricious, and oppressive delay.

Impartiality of the trial implies an absence of actual bias on the part of the judge. The judge must act in a manner completely free from suspicion as to its fairness and as to his integrity.

Public trial means that every person who wanted to may be inclined to watch shall in all cases be permitted to attend the trial.

Right to be Informed of the Nature and Cause of the Accusation Against Him (Sec. 14 (2), Art. III)

It is necessary that the offense which a person is accused of should be made known to him. The criminal complaint or information should be sufficiently clear to a person of ordinary intelligence as to what the charge is in order to enable him to prepare his defense.

In case of a violation of this right, the accused may challenged the validity and ask for the annulment of the proceedings before the proper court.

Right to be Heard by Himself and Counsel (Sec. 14 (2), Art. III)

Even if the guilt of the accused is very apparent, a hearing is still indispensable. He cannot be punished upon doubtful assumption. Lack of hearing or notice of hearing violates procedural due process.

Unless the accused is allowed to defend himself in person, or he has employed counsel of his choice, the court must assign a counsel de officio to defend him.

Right to Presumption of Innocence (Sec. 14 (2), Art. III)

No person shall be convicted of a crime except upon his confession, or unless his guilt is established by proof beyond reasonable doubt which is more than just a preponderance of evidence sufficient to win in a civil case.

The burden of proof in a criminal proceeding is upon the prosecution. Its evidence must be strong enough to overturn the presumption of innocence of the accused. In case, there is a reasonable doubt of his guilt, the accused is entitled to an acquittal.

Right to Due Process of Law (Sec. 14 (1), Art. III)

This means that the accused must be:

1. tried before a competent court;

2. given a fair and impartial trial; and

3. allowed to use all legal means and opportunity to defend himself; and

4. the judgment against him must be within the authority of a valid law;

Denial of due process is the failure to observe that fundamental fairness essential to very concept of justice.

Tuesday, January 12, 2010

Right to Bail and Against Excessive Bail (Sec. 13, Art III)

Bail is the security required by a court and given for the provisional or temporary release of a person who is in the custody of law conditioned upon his appearance before any court under the conditions specified.

The right to bail is available to any person arrested, detained, or otherwise deprived of his liberty, whether or not an information or criminal complaint has been against him. However, persons charged with offenses punishable by reclusion perpetua when evidence of guilt against him is strong cannot avail of the right to bail.

The determination of the reasonableness of the amount of the bail is within the discretionary power of the court. In fixing the bail, the court should take into consideration the nature of the offense, the penalty imposed by law for the offense, the probability of guilt, and the financial condition of the accused.

As of now, there is no jurisprudence which clearly states the amount that should be considered as excessive bail.

Right to Be Informed of the Right to Remain Silent and to Counsel (Sec. 12(a), Art. III)

An accused not only has the right to remain silent and to counsel when under investigation, but he also has the right to be informed of his right to remain silent and to counsel.

The right to remain silent means that the accused could not be forced to answer any question during the investigation.

The right to counsel means he should provided with counsel of his own choice during the investigation. If he cannot afford to pay his counsel’s services, he should be given free legal counsel.

Any evidence obtained in violation of the above-mentioned rights shall be inadmissible in any proceeding.

The right to be informed of his right to remain silent and to have counsel is available the moment an arrest or detention, with or without warrant, is made.

The word “under investigation” includes custodial investigation or investigation where the proceeding is not a mere general inquiry into an alleged crime, but has begun to focus on a particular suspect taken into custody by the police who carry out a process of interrogation.

Right to Free Access to the Courts and Adequate Legal Counsel (Sec. 11, Art. III)

Poverty should not be a reason for anyone in not going to courts or quasi-judicial bodies. For this reason, the Constitution guarantees everyone the free access to the courts and quasi-judicial bodies.

A pauper litigant is exempt from the payment of filing fees and other court fees. They are also provided with free and adequate legal counsel through the Public Attorney’s Office and IBP legal assistance programs.

Rights of the Accused (Sec. 11 – 22, Art. III)

1. The right to free access to the courts and adequate legal assistance.

2. The right to be informed of his right to remain silent and to have counsel when under investigation for the commission of an offense.

3. The right against the use of torture, force, violence, threat, intimidation, or any other means which vitiates the free will.

4. The right against being held in secret, incommunicado, or similar forms of solitary detention;

5. The right to bail and against excessive bail.

6. The right to due process of law.

7. The right to presumption of innocence.

8. The right to be heard by himself and counsel.

9. The right to be informed of the nature and cause of the accusation against him.

10. The right to have speedy, impartial, and public trial.

11. The right to meet the witnesses face to face.

12. The right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf.

13. The right against self-incrimination.

14. The right against detention by reason of political beliefs and aspirations.

15. The right against excessive fines.

16. The right against cruel, degrading or inhuman punishment.

17. The right against infliction of the death penalty except for heinous crimes.

18. The right against double jeopardy.

19. The right against ex post facto law and bill of attainder.

Right to Health (Sec. 11 – 13, Art. XIII)

It is the mandatory duty of the State to protect and promote the right to health of every Filipino by making quality and adequate health care available and accessible to everybody, especially the poor and disadvantaged. In the fulfillment of this duty, the State shall:

1. Adopt an integrated and comprehensive approach to health development that will make essential goods, health services and other social services available to all the people at affordable cost, giving priority for the needs of the underprivileged sick, elderly, disabled, women and children.

2. Endeavor to provide free medical care to paupers or the poor.

3. Establish and maintain an effective food and drug regulatory system.

4. Undertake appropriate health manpower development and research responsive to the country’s health needs and problems.

5. Establish a special body for disabled persons for their rehabilitation, self-development and self-reliance and their integration to the mainstream of society.

Principle of Shared Responsibility (Sec. 3, Art. XIII)

Both management and labor share a social responsibility in the promotion of industrial peace which redounds in the end to the benefit of all.

The State is mandated to promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes, instead of strikes, lockouts and compulsory arbitration, in settling disputes.

Rights of Workers (Sec. 3, Art. XIII)

1. Right to self-organization – this refers to the right of the workers to form and join trade or labor unions.

2. Right to collective bargaining – right of the workers, through their unions, to meet , negotiate and confer in good faith with their employer with respect to wages, hours, and other terms and conditions of employment.

3. Right to collective negotiation – right of un-organized labor and government to negotiate to reach a peaceful solution to issues affecting both parties.

4. Right to peaceful and concerted activities including right to strike – right of the workers to dramatize their demands or stand for or against an issue affecting them.

5. Right to security of tenure – right not to be terminated from work without just cause and due process of law.

6. Right to just and humane conditions of work – this right insures safe and healthful working conditions, equal opportunity to promotion and rest, leisure, and reasonable limitations of working hours.

7. Right to a living wage – right to receive a fair and just compensation for the work of a worker.

8. Right to participate in policy and decision-making processes – right of the workers to participate with management in the formulation of policies affecting their wages, hours of work, working conditions, social security, transfer or re-assignments, and others.

Right to Labor (Sec. 3, Art. XIII)

The right to labor is a constitutional as well as statutory right. Every man has a natural right to the fruits of his own industry. It is deemed as a property of a person and therefore he cannot be deprived of it without due process of law.

Training in Civics, Vocational Efficiency, and Other Skills (Sec. 1 & 2, Art. XIV)

A highly competent and knowledgeable labor force is essential to the progress of a nation. For this reason, the State is directed by the Constitution to provide training in civics, vocational efficiency, and other skills to adult citizens, disabled, and out-of-school youth.

Non-formal, Infomal and Indigenous Learning System (Sec. 1 & 2, Art. XIV)

Non-formal or informal education refers to learning from the home, the church, mass media and other community institutions.

Indigenous learning systems include ways and methods within the indigenous cultural communities.

By reason of the peculiar conditions in some areas of the country, the Constitution recognizes the need to encourage non-formal, informal and indigenous learning system particularly those that respond to community needs.

Establishment and Maintenance of a System of Scholarship Grants, etc. (Sec 1 & 2, Art. XIV)

The benefits of education must also be extended to those who have less in life. Thus, the State is required by the Constitution to establish and maintain a system of scholarship, grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in the public and private schools, especially the underprivileged.

Compulsory Elementary Education (Sec. 1 & 2, Art. XIV)

The provision on compulsory elementary education seeks to address social problems, such as illiteracy and crime. Many illiterate children have been easy prey of bad elements engaged in criminal activities.

The compulsory requirement of elementary education yields to the natural rights of parents to rear their children. In other words, the State cannot interfere on matters which strictly belong to the family, but it can compel parents to fulfill their duty in educating their children.

Free Public Education in the Elementary and High School Levels (Sec. 1 & 2, Art. XIV)

The guaranty does not contemplate immediate implementation. There is no timetable for its implementation. It will be implemented only after the national budget shall have shifted highest priority to education and the finances of the government permit it.

The provision on free high school education is more an expression of an objective or priority rather than an immediate mandate.

System of Education to be Relevant to the Needs of the People and Society (Sec. 1 & 2, Art. XIV)

The Constitution is explicit in it directive that the system of education to be established, maintained and supported should be relevant to the needs of the people and society. The government, therefore, must take measures, innovations and programs to improve the system of education and make it responsive to the needs of the people and society.

Complete, Adequate and Integrated System of Education (Sec. 1 & 2, Art. XIV)

The State is directed by the Constitution to establish, maintain and support a complete, adequate, and integrated system of education. The system should include nursery and kindergarten schools, elementary, elementary and high schools, and graduate institutions of learning.

Problem of Poor School Facilities and Services (Sec. 1 & 2, Art. XIV)

The quality of education may be deficient in some cases as result of poor school facilities and services. Many schools are saddled with crowded classrooms, lack of textbooks, incompetent teachers, unavailability of teaching materials, obsolete teaching methods, substandard libraries, laboratories, equipment, and other facilities, dilapidated school buildings, irrelevant curricula, etc. The State is duty-bound to adopt measures to address these problems. Adequate financing of education is the lifeline to quality education.

Equal Opportunity to Quality Education (Sec. 1 & 2, Art. XIV)

By constitutional mandate, the right to quality education imposes upon the State the corresponding duty to protect and promote it. The State must take steps to make quality education at all levels generally accessible or available to all.

Right to Quality Education (Sec. 1 & 2, Art. XIV)

Education may refer to the process of training the physical, mental, and/or moral faculties of an individual. It may be acquired through formal course of instruction offered by institutions or informally through means outside the formal school system.

The right to education is a basic right to capacitate the citizens to liberate themselves from poverty and want. Under the new constitution, the guaranty is not just to the right to education but to the right to quality education at all levels, both public and private.

Friday, January 8, 2010

Conditions for the Exercise of the Power of Eminent Domain (Sec. 9, Art. III)

1. Existence of public use – whatever is beneficially employed for the community may be identified as for public use.

2. Payment of Just Compensation – the amount to be paid by for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property.

3. Observance of due process of law – the owner shall have due notice and hearing in the expropriation proceeding.

Right to Just Compensation for Private Property Taken for Public Use (Sec. 9, Art. III)

This is a limitation of the power of eminent domain, which is one of the inerherent powers of the State.

Limitation of the Right to Form Unions or Associations (Sec. 8, Art. III)

The right to form unions and associations or societies may be abridged by the State in the exercise of police power. This is the meaning of the phrase “for purposes not contrary to law”. But unless an association could be shown to create an imminent danger to public order, public peace, public morals, or public safety, there is no justification for abridging the right to form unions or associations.

The Right to Form Unions or Associations (Sec. 8, Art. III)

The right to form unions or associations is the freedom to organize or to be a member of any group or association, union, or society, and to adopt the rules which the members think most appropriate to achieve their purpose.

Writ of Habeas Data (Sec. 7, Art. III)

It is a judicial remedy available to any individual whose right to privacy in life, liberty, or security is violated or threatened by a unlawful act or omission of a public official or of a private individual or entity engage in the gathering of, collecting, or storing data or information regarding the person, family, home and correspondence of the aggrieved party.

The court may order the deletion, destruction, or rectification of the data or information or documents if found to be erroneous or false.

Limitations on the Right to Information (Sec. 7, Art. III)

It is recognized that records involving the security of the State or which are confidential in character should be excepted from the right to information.

Scope of the Right to Information (Sec. 7, Art. III)

1. The right embraces all public records.

2. It is limited to citizens only.

3. Its exercise is subject to such limitations as may be provided by law.

Right to Information on Matters of Public Concern (Sec. 7, Art. III)

This right is based on the premise that informed and critical citizens are in the best position to promote, protect and defend the values of a democratic society. It will enable the people to participate effectively in governmental affairs.

Limitation of Liberty of Abode and Travel (Sec. 6, Art. III)

The liberty of abode may be impaired or denied upon lawful order of the court. The liberty of travel can be limited or denied on the ground of interest of national security, public safety, or public health.

To restrict the liberty of abode, a judicial act is needed, but the liberty of travel can be restricted by through an executive act.

Liberty of Abode and Travel (Sec. 6, Art III)

The liberty of abode is the right of a person to have his home in whatever place chosen by him and thereafter to change it at will.

The liberty of travel is the right of a person to go where he pleases, without interference from any source.

Prohibition of Religious Test as Requirement for the Exercise of Civil or Political Rights (Sec. 5, Art. III)

Religious test is one demanding the avowal or repudiation of certain religious beliefs before the performance of any act.

The expression civil or political rights include all the rights of an individual which are safeguarded by the Constitution and statutory laws.

Limitation on the Right to Disseminate Religious Beliefs (Sec. 5, Art. III)

Any restraint or the right to disseminate religious ideas and information can only be justified on the ground that there is a clear and present danger of any substantive evil.

Any infringement of religious freedom may be justified only to the smallest extent necessary to avoid grave danger to public welfare and security.

When Saluting the Flag is Contrary to One’s Religion (Sec. 5, Art. III)

The Supreme Court has ruled that it is violative of religious freedom to compel one to salute the flag, sing the national anthem, and recite the patriotic pledge, during a flag ceremony when these are considered as acts of worship or religious devotion to an image or idol which are contrary to his religion.

Aspects of Religious Freedom (Sec. 5, Art. III)

1. Freedom to believe and not to believe – A person’s right to believe whatever he wishes is absolute. The State cannot inquire into the validity or truth of one’s belief. The theory is that a religious belief by itself cannot to any degree affect public interest.

2. Freedom to act in accordance to one’s belief or freedom to exercise such belief – This right is not and cannot be absolute because any act of man is always subject to regulation and even prohibition for the protection of the society.

Religious Freedom (Sec. 5, Art. III)

Religious Freedom is the right of man to worship God, and to entertain such religious views as appeal to his individual conscience, without dictation or interference by any person or power, civil or ecclesiastical. It includes the right not to believe and worship any God. It also carries the right to disseminate religious belief.

Clear and Present Danger Rule (Sec. 4, Art. III)

The abridgement of the freedom of expression and of the right of assembly and petition can be justified only where there exist substantial danger that the speech, publication, assembly, and petition will likely lead to an evil which the government has the right to prevent.

Right of Assembly and Right of Petition (Sec. 4, Art. III)

The right of assembly means the right of the people to meet peaceably for consultation in respect to public affairs.

The right of petition means the right of any person or group of persons to apply to the appropriate branch or office of the government for redress of grievances.

Limitation of Freedom of Expression (Sec. 4, Art. III)

The right to freedom of expression is not absolute. It is subject to some regulation by the State in order that it may not be injurious to the right of the community or society. This regulatory power of the State can be exercised under the police power to promote or protect public welfare.

Anyone who slanders or libels another may be penalized. Lewd and obscene speech and fighting words are not protected under the freedom of expression clause.

Importance of Freedom of Expression (Sec. 4, Art. III)

1. Promotes growth of individual and the nation – If one is not free to communicate his ideas to others, his own moral and intellectual development shall be stifled and his fellowmen shall be deprived of the benefit which he might impart to them.

2. Makes possible the scrutiny of acts and conduct of public officials – Without freedom of expression, people shall be deprived of the opportunity to scrutinize the acts and conduct of public officials without fear, and public officials shall not be properly guided by public opinions in crafting the policies and plans of the government.

3. Insures a responsive and popular government – It is only through free debate and free exchange of ideas that a government remains responsive to the will of the people.

Scope of the terms “speech”, “expression” and “press” (Sec. 4, Art. III)

“Speech” and “expression” include any form of oral utterances. “Press” covers every sort of publications like newspapers, magazines, books, handbills, leaflets, etc. Radio and television are instruments of mass communication and are also included within the term “press”.

Freedom of Expression (Sec. 4, Art. III)

Freedom of expression implies the right to freely utter and publish whatever one pleases without previous restraint and to be protected against any responsibility for so doing as long as it does not violate the law, or injure someone’s character, reputation or business. It also includes the right to circulate what is published.