HUMAN RIGHTS

Section 1:No person shall be deprived of life, liberty and property without due process of law, nor shall any person be denied of the equal protection clause of the laws.

Due process- 2 fold aspect; procedural and substantive.Procedural- method or manner which the law be enforcedSubstantive- the law itself; would be fair, reasonable and just. Not on flimsy grounds

Equal protection of the laws- all persons subject to legislation should be treated alike, under like circumstances and conditions both in the privileges conferred and liabilities imposed.

Section 2:The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall be inviolable, 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.

Search warrant- an order in writing, signed by the judge and directed to a peace officer, commanding him to search for certain personal property and bring it before the court.

Warrant of arrest- a written order; the command is to arrest the person designated to take him in custody in order that he may be bound to answer for the commission of an offense

Probable cause- facts and circumstances antecedent to the issuance of a warrant sufficient in themselves to induce a cautious man rely upon them and act in pursuance thereof.

Search and seizure may be made without warrant:a. There is consent or waiverb. Search is incident to a lawful arrestc. In case of contraband or forfeited goodsd. The possession of articles prohibited by law is disclosed to plain view or is open to eye and hand (prima facie evidence)e. Incident of inspection, supervision and regulation in the exercise of police powerf. Routinary searches usually made at the border or at the ports of entry in the interest of national security

Arrest may be made without warrant (3Ps)a. When in his presence the person to be arrested has committed, is actually committing or is attempting to commit an offenseb. When he has a personal knowledge about the offense the person to be arrested has just been committed.c. Person to be arrested is a prisoner who has just escaped from a penal establishment

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 the law.(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Right of privacy- right to be left alone, to be free from undesired publicity or disclosure of his communication and correspondence and right to live without unwarranted interference by the public in matters with which the public is not necessarily concerned.

Writ- remedy of a citizen against violations and threats to his rights to life, liberty, security and information; habeas data, habeas corpus and amparo

Section 4:No law shall be passed abridging the freedom of speech, of expression and of the press or the right of the people peaceably to assemble and petition the government for redress of grievances.

Freedom of expression- the freedom of speech and expression and of the press; to freely utter and publish whatever one pleases provided it does not violate any law or injure someones character, reputation or business. It includes right to circulate what is published.

Clear and present danger rule- there exists a substantial danger that the speech can lead to an evil, the government has the right to prevent

Section 5:No law shall be made respecting the establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination and preference shall forever be allowed. No religious test shall be required in the exercise of civil and political rights.

Religious freedom- right of the person to worship God without dictation or interference by any person or power, civil or ecclesiastical

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 by 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.

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 to papers pertaining to official acts, transactions or decisions as well as government research data used as basis for policy development shall be afforded to citizen subject to limitations as may be provided by law.

Section 8:The right of people, including those employed in the public and private sectors to form unions, associations or societies not contrary to law shall not be abridged.

Section 9:No private property shall be taken for public use without just compensation

Section 10:No law impairing the obligation of contracts shall be passed.

Section 11:Free access to courts and any quasi-judicial bodies and adequate legal assistance shall not be denied to any persons by reason of poverty.

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 a competent or independent counsel preferably of his own choice. If he cannot afford the services of a counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of a counsel.(2) No torture, force, violence, threats, intimidation or any other means which will vitiate free will shall be used against him. Secret detention places, solitary, incumminado or other similar forms are prohibited.(3) Any confession or admission in violation of this section or section 17 hereof shall be inadmissible in evidence.(4) The law shall provide for penal and civil sanctions for violation of this section as well as compensation and rehabilitation of victims of torture and other similar practices, and their families.

Section 13:All persons, except those charged of an offense punishable by reclusion perpetua when the evidence of guilt is strong, shall, before conviction, be bailable with sufficient sureties or be released on recognizance as may be provided by the law. The right to bail shall not be suspended even when the privilege of writ of habeas corpus is suspended. Excessive bail shall not be required.

Section 14:(1) No person shall be held to answer for a criminal offense without due process of law.(2) In all criminal prosecution, the accused shall be presumed innocent until the contrary is proved, shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusations against him, to have a speedy, impartial and public trial, to meet the witnesses face to face and to have a compulsory process of the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the presence 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 or when public safety requires.

Section 16:All persons have the right to a speedy disposition of their cases before judicial, quasi-judicial or administrative bodies.

Section 17:No persons shall be compelled to be a witness against himself.

Section 18:(1) No person shall be imprisoned solely for reason of his political beliefs and aspirations.(2) No involuntary servitude or any similar forms shall exist except as a punishment whereof of a crime the party shall have been convicted.

Section 19:(1) Excessive bail shall not be imposed nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed unless for compelling reason 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 a prisoner or detainee or the use of substandard and inadequate penal facilities under substandard condition shall be dealt with by law.

Section 20:No person shall be imprisoned for debt and non-payment of a poll tax.

Section 21:No person shall be twice put in jeopardy for the commission of the same offense. If an act is punishable by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution of the same act.

Section 22. No ex-post facto law or bill of attainder shall be enacted.