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Article III. BILL OF RIGHTS - Coggle Diagram
Article III.
BILL OF RIGHTS
The declaration and enumeration of an individual’s rights and privileges which the constitution is designed to protect against violations of the government or individuals.
It is the most important part of the bill of law. Without it, our constitution will be weak. It will only empower the government and weaken the governed.
It balances the power of the governing authority and the power of the governed.
SECTION 1. The right to a fair trial and equal protection under the law.
All people who are subject to the law should be treated the same. Everyone has the right to be heard before they are sentenced. This applies to everyone inside the Philippines' territorial jurisdiction, including foreigners.
Due process of law - a law or a policy that hears before it condemns, a principle of fair play.
SECTION 2. The right against unwarranted searches and arrests.
Search warrant - an order of writing issued in the name of the people of the Philippines, signed by a judge and directed to a peace officer commanding him to search for certain personal property and bring it before the court.
Warrant of arrest - to arrest a person designated and to take him into custody in order that he may be bound to answer for the commission of an offense.
SECTION 3. (1) The right to privacy of communications and correspondence.
(2) known as the Fruit of the Poisonous Tree Doctrine.
(1) Everyone has the right to privacy; freedom from unwanted publicity and disclosure.
(2) Evidences obtained from illegal arrests, searches are not admissible in the court of law.
SECTION 4. Freedom of speech, expression, and press.
This implies the right to freely utter and publish whatever one pleases without previous restraint, and to be protected against any responsibility for doing as long as it does not violate the law. It also covers the right to circulate what is published.**
SECTION 5. Religious freedom. Every individual has the right to believe in a higher being or not to believe as well. The exercise of beliefs, however, is limited.
Religion - includes all forms of belief in the existence of superior beings exercising power over human beings.
Religious Freedom - 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.
SECTION 6. The liberty of abode and travel. A person is entitled to live in whatever location he chooses, to change it at any time, and to go wherever he wants without interruption from anyone's source.
Liberty of Abode and Travel - right of a person to have his home in whatever place chosen by him and thereafter to change it at will, and to go where he pleases without interference from any source.
SECTION 7. The right of the people to information on matters of public concern shall be recognized.
Writ of Habeas Data - a judicial remedy available to any individual whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act.
Purpose of Writ - by way of regulating the processing of personal information or data about him. Gives the individual the right to find out what information is being kept about.
SECTION 8. The right of the people to form unions, organizations, associations not contrary to law.
It is the freedom to organize or be a member of a group, as well as to adapt the rules that the members deem most suited to achieve their goal. The goal, however, must not be contrary to law.
SECTION 9. The right to just compensation.
SECTION 10. Non-impairment clause.
Obligation of Contract - is the law or duty which binds the parties to perform their agreement according to its terms and intent if it is not contrary to law, morals, good customs, public order or public policy.
SECTION 11. Free access to the courts.
Right to Free access to courts and Quasi-judicial bodies - for the protection of their persons and properties, the prevention and redress of wrongs and the enforcements of contracts.
Right to adequate legal assistance - the State has a duty to provide free and legal assistance to citizens when needed.
SECTION 12. The right to be informed of one’s rights and be free from any forms of violence, torture or coercion.
Rights of a person under investigation
to be informed of his right to remain silent
to have competent and independent counsel preferably of his own choice or to be provided with one
against the use of force, aggression, threat, intimidation, or any other means that violates free will
against being held in secret, solitary, confinement, or other similar forms of detention
SECTION 13. The right to bail, except those charged with reclusion perpetua.
Bail - is a form of security required by a court and granted in exchange for the provisional or temporary release of a person who is in the custody of the law. It might be in the form of a cash deposit, a property bond, a bond from a security company, or a recognized bond.
Capital Offense - is an offense, which under the law existing may be punishable by “reclusion
perpetua”, life imprisonment, or death.
SECTION 14. Rights of the Accused.
The accused must be:
given a fair and impartial trial
allowed to utilize all lawful means and opportunities to defend himself
the verdict awarded against him must be within the authority of a valid law
SECTION 15. Habeas Corpus.
Writ of habeas corpus - A court order issued to the person detaining another, demanding him to produce the prisoner's body at a specified time and location. The president may suspend it only in the event of an invasion or insurrection when national safety needs it.
The purpose of the writ is to investigate all forms of involuntary restraint or detention, as opposed to voluntary restraint or detention, and to release a person if such restraint is proven to be illegal.
Writ - a court order requiring a person holding another to prove cause for detention.
SECTION 16. The right to speedy disposition of cases.
SECTION 17. The right against self-incrimination.
No person shall be compelled to be a witness against himself which may expose him to criminal liability
SECTION 18. Freedom from political beliefs.
Involuntary servitude - refers to a situation in which one person is forced to serve another. It ncludes the following:
Slavery - the state of complete submission of one person to the will of another
Peonage - the voluntary submission of a person to the will of another due to debt
SECTION 19. Prohibited punishments.
Right against excessive fines - The amount of fines that shall be imposed is left to the sound discretion of the court; provided it stays within the limits of the Statute, it cannot be considered unreasonable.
Right against cruel, degrading, or inhuman punishment - This right can only be exercised after conviction for a crime.
SECTION 20. Non-imprisonment for debts.
Debt – any obligation to pay money originating from an express or inferred contract.
Poll tax – a fixed-amount tax imposed on all individuals rescinding inside a specific territory, whether citizens or not.
SECTION 21. The right against double jeopardy. When a person is charged with an offense and the case is resolved, either by acquittal or conviction, the person cannot be charged with the same or identical offense again.
Classes of Double Jeopardy
For the same offense - the protection is against double jeopardy for the same offense and not the same act, provided that he is charged with a different offense.
For the same act - double jeopardy of punishment for the same act.
SECTION 22. Ex post facto law and bill of attainder.
Bill of Attainder - a legislative act that imposes punishment without a judicial trial; if the punishment is less than death, the act is known as a bill of pains and penalties.
Ex post facto law - an ex post facto law is one that applies retrospectively:
Performs an act prior to the passage of a law;
Crimes are aggravated or made worse than they were when they were done;
Changes the sentence and imposes a harsher punishment than what the law assigned to the offense at the time it was committed; or
Changes the legal rules of evidence and receives less testimony than was required by law at the time of the offense's commission in order to convict the perpetrator.