III. BASIC RIGHTS

1. Human dignity is sacred to every Filipino. The Government and its laws must respect and protect it.

All Filipinos are born free and shall enjoy social liberties as promulgated by law.

A person can invoke human dignity and exercise his rights and liberties in so far as it is not in violation of rights and liberties of other persons or contrary to this Constitution, good morals, and Filipino values.

Any person whose rights and liberties are violated can invoke the provisions of this Constitution to bring lawsuit or to defend himself in court.

2. All persons are equal before the law, regardless of gender, parentage, race, cultural heritage and origin, language, homeland, social and economic background, property, intellect, faith and religious beliefs, political and other opinion, presence of handicap, and other distinctions.

3. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

4. Freedom of expression and dissemination of one’s opinion and belief through speech, press, writing, pictures, and other viable means shall be guaranteed by the Republic while upholding its statute of protecting the innocent, the youth, national security, public interests and infrastructure, and personal dignity and honor. The Government shall promote and protect a responsible free press.

Note the word “responsible” with regards to free press.

5. 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.

6. No law shall be passed infringing the right of the people to peaceably assemble without arms of hostility and to petition their Government for redress of grievances. With regard to open-air assemblies, this right may be limited when it inhibits the state’s statute from securing peace and order.

The last sentence gives constitutional basis for the local governments to give out “rally permits.”

7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded to every Filipino subject to such limitations as may be provided by law.

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

9. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of state security, public safety, or public health, as may be provided by law.

10. Private property shall not be taken for public use without just compensation.

11. 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 shall not be violated, and no search warrant or warrant of arrest shall be issued except upon probable cause to be determined by the judge, or such other responsible officer as may be authorized by law, 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.

The sentence, “any evidence obtained in violation of this section shall be inadmissible for any purpose in any proceeding,” present in the 1987 Constitution, has been omitted.

12. The privacy of communication, correspondence, and fiscal transaction shall be inviolable except upon lawful order of the court or bodies of power as prescribed by law, or when public safety or order requires otherwise as prescribe by law. An individual has the right to be informed when personal data is collected from him through voluntary disclosure as part of public records, requirement of contracts or membership, answers to surveys or questionnaires, and the like, and how such data will be used.

“Bodies of power as prescribed by law” has been included here to give constitutional clout to agencies such as the Anti-Money Laundering Council to look into alleged ill-gotten wealth. Similarly, “any evidence obtained in violation of this section shall be inadmissible for any purpose in any proceeding,” has been omitted in this provision.

13. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

14. Any person under investigation for the commission of an offence shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of inhumane detention are prohibited. Any confession or admission obtained in violation of this section shall be inadmissible in evidence against him. The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.

15. All persons, except those charged with offenses punishable by reclusion perpetua or graver, when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. Excessive bail shall not be required.

As a principle, this Constitution is against death penalty, however, the phrase “or graver,” is included to give flexibility to the Parliament in scrapping the Death Penalty Law. See section 21 of this article.

16. No person shall be held to answer for a criminal offense without due process of law. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.

17. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion, rebellion, or in cases of extreme emergency concurred by a Supreme Court resolution when the public safety requires it.

Note that the Supreme Court shall have to agree that a given scenario is of extreme emergency that warrants the suspension of the writ of habeas corpus.

18. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

“Free access to the courts shall not be denied to any person by reason of poverty,” was omitted as this has already been stated in section 13.

19. No person shall be compelled to be a witness against himself. Any confession obtained in violation of this section shall be inadmissible in evidence.

20. No person shall be detained solely by reason of his political beliefs and aspirations. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.

21. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed, unless for compelling reasons involving heinous crimes, that the law provides for it. The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

22. No law impairing the obligation of contracts shall be passed.

23. No person shall be imprisoned for debt or non-payment of a poll tax.

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

25. No ex post facto law or bill of attainder shall be enacted.

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