Art III Bill of Rights (Phil)

7/23/2019 Art III Bill of Rights (Phil)

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THE BILL OF RIGHT

THE BILL OF RIGHT



Overview:What is Bill of Rights?

Why do we have a Bill of Ri

in our Constitution?What rights are Filipinos entitled to nder !r

of the #$%& 'onstittion?

Overview:What is Bill of Rights?

Why do we have a Bill of Ri

in our Constitution?What rights are Filipinos entitled to nder !r

of the #$%& 'onstittion?



What is Bill of Rights

What is Bill of Rights

-It may be defined as a declaration and enum

person’s rights and privileges which the Con

designed to protect against violations by the g

by an individual, or groups of individuals

-It is a fundamental characteristic of a republ

-It is a !charter of liberties for the individ

limitation upon the power of the "tate#



What is the Signifi"an"e of the Bill of

What is the Signifi"an"e of the Bill of

-$overnment is powerful When unbecomes tyrannical %he Bill of Rights

that there are certain areas of a person’s l

and property which government power

touch



#( )atral Rights

*these are inherent to a person as creation of $odRight under Constitution '(ife, (iberty, )roperty* and

+( 'onstittional Rights

-these are rights which are granted and protected

constitution

,( Stattor- Rights

-these refers to rights provided by laws which are g

legislature and may be abolished by the same, e

maternity leave for employed women, etc

Basi" 'lassifi"ation of RightBasi" 'lassifi"ation of Right



a. /oliti"al Rights

*those right a "iti0en e1er"ises to parti"ipate in tthe govern2ent(

eg Right to suffrage, right of citi+enship, etc

3. 'ivil Rights

*those right that a "iti0en en4o-s in pindividal happiness and develop2ent(

eg Right to property, right to abode and trave

'lassifi"ation of 'onstittional R'lassifi"ation of 'onstittional R



". So"ial and E"ono2i" Rights

*rights intended to ensre the well*3eing anse"rit- of the individal(

d. Rights of the !""sed

*intended to prote"t persons a""sed of an- "ri2

'lassifi"ation of 'onstittional R'lassifi"ation of 'onstittional R



/oliti"al Rights are those that pertain to an

participation in government or the political process Rights basically refer to the rights enoyed by

enabling him to undertae the everyday business o

/oliti"al v( 'ivil v( LegalLegal Rights are applied to individuals when sube

law and.or legal procedures and processes

/oliti"al v( 'ivil v( Legal /oliti"al /oliti"al v( 'ivil v( Legal /oliti"al



Freedom of speech, of expression, or of

the right of assembly and petition; and thform associations are likewise an examplerights. However, they partake of the nature rights when they are utilized as means to par

the governmentPolitical and ivil !ights can have mean

concrete measures are taken to breathe of lifsubstance to social and economic rights whic

cultural rights.

/oliti"al v( 'ivil v( Legal /oliti"al /oliti"al v( 'ivil v( Legal /oliti"al



THE BILL OF RIGHT

Part I: Civil RightsPart I: Civil Rights



!rti"le*III5 Se"tion*,/riva"- of 'o22ni"ation and 'orrespond

!rti"le*III5 Se"tion*,/riva"- of 'o22ni"ation and 'orrespond

"The Privacy of communication acorrespondence shall be inviolable e

upon lawful order of the court, or whe

safety or order requires otherwise prescribed by law.”



'ivil Rights 6nder !rti"le*III5 Se"tion*,'ivil Rights 6nder !rti"le*III5 Se"tion*,

Explanation: Every person has the right to

communication or correspondence a secommunication with others by phone or by

personal or private matter that nobody shou

upon.

ut this right can be lawfully suspended uof the court if the safety and security of the p

stae.



Stattor- laws prote"ting the right to /RI7Stattor - laws prote"ting the right to /RI7

Rep3li" !"t 9+

-/nti-Wiretapping /ct

Rep3li" !"t $$$;-/nti-)hoto and 0ideo 0oyeurism /ct




Sample Case: # telephone conversation be

$%& drug pushers secretly recorded by policby tapping its wire without court orde

acceptable. #s evidence in court due to the

communication enshrined in the

'onstitution. !owever, recording of con

through telephone extension is not a violat

#nti()ire Tapping *aw.




!rti"le*III5 Se"tion*9Freedo2 of Spee"h5 of E1pression5 and of th

!rti"le*III5 Se"tion*9Freedo2 of Spee"h5 of E1pression5 and of th

+o law shall be passed abridfreedom of speech, of expression, o

press or the right of the people peac

assemble and petition the governmredress of grievances.”



1. Freedom of Speech;

2. Right to a Free Press;

. Freedom of !ssem"l#;

$. %he Right of Petition.

Fo&r '$( Important Rights Em"odied in !rt

Section $:

'ivil Rights 6nder !rti"le*III5 Se"tion*9'ivil Rights 6nder !rti"le*III5 Se"tion*9



1. Freedom of Speech* means an individua

spea or utter whatever he wants with

restraint.

2. Right to a Free Press* means an individ

to write, publish, and circulate whatever h

without restraint. -peech and expression refer to any form of oral utterance

covers every sort of publication such as newspapers, mag

leaflets, and the lie. /adio and television are also include

speech and expression and freedom of the press are col

0reedom of Expression.




. Freedom of !ssem"l#+ refers mainly to

demonstrations related to public affairs.

$. %he Right of Petition+ to tae

grievances with government without

persecution.




0reedom of -peech is not absolute, ne

0ree Press.

*imitations to 0reedom of -peechi. -evere calumny2

ii. #nything lewd or obscene2iii. #nything that provoes violence or disorder2

iv. -editious messages2

v. +'lear and present danger”.




Forms of Cal&mn#

1. ,i"el ( untruthful information3character asin written, and using print or broadcast me

2. Slander ( spoen untruthful information assassination .

'lear and Present 4anger 5 if the uttered thrserious $i.e. the intent appears to be serious&,

grave and realistic.


! ti l III S ti ;

! ti l III S ti ;



!rti"le*III5 Se"tion*;Freedo2 of Religion

!rti"le*III5 Se"tion*;Freedo2 of Religion

+o law shall be made respeestablishment of religion, or prohibiting

exercise thereof. The free exercise and en6

religious profession and worship, without disc

or preference, shall forever be allowed. otests shall be allowed for the exercise o

political rights.”

'i il Ri ht 6 d ! ti l III S ti ;



This provision is an implement to the d

separation of church and state. !owmembers of a religious organiation ca

religious profession as a 6ustific

committing crimes. Thus, a religious s

human beings as sacrifice for their g

immune from criminal suit.

'ivil Rights 6nder !rti"le*III5 Se"tion*;'ivil Rights 6nder !rti"le*III5 Se"tion*;





+ Rights fond in Se"tion ;:

#( )on*Esta3lish2ent of Religion

-non advancement of a religion, non favoring of religion a

religions

+( Free*E1er"ise of Religion

-freedom of conscience and freedom to adhere to sorgani+ation or form of worship as the individual may ch

be restricted by law

Freedo2 to Believe

-It safeguards the free e1ercise of the chosen form o

Freedo2 to !"t






/rohi3ition of Religios Test/rohi3ition of Religios Test

-&o religious test shall be re2uirede1ercise of civil or political rights

e.g /eligion is not a requirement to be in the government


! ti l III S ti =

! ti l III S ti =



+The liberty of abode and of changing within the limits prescribed by law sha

impaired except upon lawful order of the c

right to travel shall not impaired except in th

of national security, public safety, or public

may be provided by law ”

!rti"le*III5 Se"tion*=The Right to Travel

!rti"le*III5 Se"tion*=The Right to Travel

'i il Ri ht 6 d ! ti l III S ti =

'ivil Rights 6nder !rti"le III Se"tion =



Li3ert- of !3ode and Travel

-%his means that every person has a right to estahome in any place 3e is also free to "hange his

transfer it fro2 one pla"e to another It includes

travel freely in the )hilippines and outside there

foreign country, subect to the following conditions4'a* upon lawful order of the court5 and

'b* in the interest of national security, public

public health as provided by law

'ivil Rights 6nder !rti"le*III5 Se"tion*='ivil Rights 6nder !rti"le*III5 Se"tion*=

!rti"le III Se"tion &

!rti"le III Se"tion &



!rti"le*III5 Se"tion*&Right to Infor2ation

!rti"le*III5 Se"tion*&Right to Infor2ation

!The right of the people to information on mpublic concern shall be recognied. #ccess

records, and to documents, and papers per

official acts, transactions, or decisions, as

government research data used as basis development shall be afforded to the citien

to such limitations as may be provided by law

'ivil Rights 6nder !rti"le III Se"tion &




!0reedom of the Press and freedom of access to

bearing on governmental decision are fundamenta

of Pop&lar Sovereignt# ”.

People have the right to access public record

records of a case in court sub6ect to reasonable

regulations, except when it is very clear that theexamination of public record is unlawful, sheer or id

7t is not the duty of the custodians of the records

themselves with the motives, reasons, and ob6e

person seeing access to such documents or inform

'ivil Rights 6nder !rti"le*III5 Se"tion*&'ivil Rights 6nder !rti"le*III5 Se"tion*&





Li2itations on the Right

6 &ational security matters

7 %rade secrets and baning transactions

8 Criminal matters9 :ther confidential matters

'ivil Rights 6nder !rti"le*III5 Se"tion*&'ivil Rights 6nder !rti"le*III5 Se"tion*&

!rti"le III Se"tion %

!rti"le III Se"tion %



!rti"le*III5 Se"tion*%The Right to For2 6nion

!rti"le*III5 Se"tion*%The Right to For2 6nion

!The right of the people, including those em

the public and private sectors, to form

associations, or societies for purposes not c

law shall not be abridged.”

'ivil Rights 6nder !rti"le*III Se"tion*%




!-nionism is a necessity to place employees or la

to the bargaining levels same as that of their emrelation to negotiations of terms and con

employment. !owever, while employees in the pu

may form union, they are not entitled to stage stri

their demands to improve the terms and conditioemployment.”

'ivil Rights 6nder !rti"le*III5 Se"tion*%'ivil Rights 6nder !rti"le*III5 Se"tion*%





Li2itation on the Right

-%he right to form associations or soci

be abridged or interfered with by the "ta

e1ercise of its )olice )ower %his is the meanphrase !for purpose not contrary to law#

'ivil Rights 6nder !rti"le*III5 Se"tion*%'ivil Rights 6nder !rti"le*III5 Se"tion*%





&estion:

7f a public and private company has requemployee to sign an agreement as part of his e

contract 5 that he will not 6oin any labor unions, s

associations, does this constitutes violation of #rt

of the Philippine 'onstitution9

!ns/er:

:es. 7t is a form of unfair labor practice.

'ivil Rights 6nder !rti"le*III5 Se"tion*%'ivil Rights 6nder !rti"le III5 Se"tion %


'ivil Rights 6nder !rti"le*III5 Se"tion*%



Commentar#:

7f public employees are prohibited to go on strie, t

of forming unions in government entities show lac

is also a clear suppression to their right for

grievances. Thus, it contradicts to #rt. 777, -ectio<=8> Philippine 'onstitution.

'ivil Rights 6nder !rti"le III5 Se"tion %'ivil Rights 6nder !rti"le III5 Se"tion %

!rti"le III Se"tion $

!rti"le*III Se"tion*$



!rti"le*III5 Se"tion*$The Right to >st 'o2pensation

!rti"le*III5 Se"tion*$The Right to >st 'o2pensation

+Private property shall not be taen for pub

without 6ust compensation.”

'ivil Rights 6nder !rti"le*III5 Se"tion*$

'ivil Rights 6nder !rti"le*III5 Se"tion*$



This is in connection with the inherent righ

state, specifically, the /ight of Eminent 4oma

?ust 'ompensation

(the amount to be paid for the exp

property shall be determined by the propbased on the fair maret(value at the tim

taing.

'ivil Rights 6nder !rti"le III5 Se"tion $'ivil Rights 6nder !rti"le III5 Se"tion $

!rti"le III Se"tion #

!rti"le III Se"tion #



!rti"le*III5 Se"tion*#)on*I2pair2ent 'lase

!rti"le*III5 Se"tion*#)on*I2pair2ent 'lase

+o law impairing the obligation of contracts

passed.”

'ivil Rights 6nder !rti"le*III5 Se"tion*#




4iscusses the +sanctity” of contracts and

obligations2

*aws affecting contracts cannot be applied

retroactively2

all contracts illegal in nature are non(bindin

g 5g 5





ote@

# contract is a meeting of minds between pa

respect to rendition of service or perform

obligation to give something, Aovernment is

from interfering with agreement of parties

considered as a law between the contracting

g 5g 5





Li2itation:

%he freedom of contract is necessarily limit

e1ercise of the police power of the "tate in th

of general welfare and especially in view of t

provisions in the Constitution with referen

promotion of social ustice 'e.g. 7oid 'ontra

g 5g 5

Documents

Art III Bill of Rights (Phil)