Article III

Information about Article III

Published on July 11, 2014

Author: celinejocarlos

Source: authorstream.com

Content

Article III: Bill of Rights : Article III: Bill of Rights Enumeration of rights and privileges designed to protect against violations by the government Human Rights Defined: Human Rights Defined inherent entitlements which come to every person as a consequence of being human. Human Rights A Basic Handbook for UN Staff, Office of the High Commissioner for Human Rights (New York), page 3. PowerPoint Presentation: Human rights are universal legal guarantees protecting individuals and groups against actions and omissions that interfere with fundamental freedoms, entitlements and human dignity. Frequently Asked Questions on a Human Rights-Based Approach to Development Cooperation (New York and Geneva: United Nations, 2006), page 1. Characteristics: C haracteristics Human rights are Founded on respect for the dignity and worth of each person; Universal - applied equally and without discrimination to all people Inalienable - no one can have his or her human rights taken away other than in specific situations Indivisible , interrelated and interdependent - it is insufficient to respect some human rights and not others. Office of the High Commissioner for Human Rights, op cit., page 3. Universal Declaration of Human Rights: Universal Declaration of Human Rights A common standard of achievement for all peoples and all nations Urges peoples and governments to educate ALL peoples about their human rights and freedoms. Calls for securing universal and effective recognition and observance of human rights through progressive national and international measures. UNESCO Guidelines: UNESCO Guidelines (c) "Human rights" and "fundamental freedoms" are those defined in the United Nations Charter, the Universal Declaration of Human Rights and the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights . International Context: International Context Universal Declaration of Human Rights - Article 26, paragraph 2 : "Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms." UDHR - Basic Principles: UDHR - Basic Principles Concept of human being and equality - every human being is born free and equal in rights and dignity , and endowed with reason and conscience . And thus every human being is expected to act toward other human beings in a spirit of brotherhood/sisterhood UDHR - Basic Principles: UDHR - Basic Principles Non-discrimination - race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, political status of country or territory are not bases for exception in human rights. UDHR - Basic Principles: UDHR - Basic Principles Respect and observance - respect for all human rights is expected from all human beings - universal observance of human rights is achievable through progressive measures UDHR - Basic Principles: UDHR - Basic Principles Individuals and community - the individual is important but meaningful exercise of rights happen in the context of the family, community and in some cases groups. UDHR - Basic Principles: UDHR - Basic Principles Limitations on exercise of rights - human rights are subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society . Discussing HR: Discussing HR - Human rights are normally discussed as civil and political on one hand and economic, social and cultural on the other. - They can also be discussed according to life cycle . Different Groups of Rights: Different Groups of Rights According to Nature Civil Rights Are rights of individuals to be protected from arbitrary interference by government in their life, liberty and property Political Rights Are rights of individuals to interfere and participate in the affairs of government Social, Economic and Cultural Rights Are progressive demand of the people to improve their standard of living. PowerPoint Presentation: According to Recipient Individual rights Are rights that may be exercise by every individual such as those in the UDHR Collective rights Are rights given to a specified vulnerable group which may be exercised because one’s membership to such community such as right to development, women’s rights, children’s rights, indigenous people’s rights etc. PowerPoint Presentation: According to Source Natural Rights Are rights believed to be based on reason or given by Supreme Being Legal Rights Are rights recognized by law PowerPoint Presentation: According to implementation Immediate Are those rights that States can readily implement because these are dependent on the States’ political will such as civil and political rights Progressive/Incremental Are those rights whose implementation is dependent on availability of the states’ resources and thus can only be enjoyed gradually Human Rights and Issues: Human Rights and Issues Issues Human rights 1. Food and health • Rights to food, health, habitat and economic security 2. Land, language and culture • Rights of minorities and indigenous peoples • Rights to land 3. Environment • Rights to environmental protection 4. Labor and the workplace • Rights to work • Rights of workers 5. Education • Rights to education 6. Children’s welfare • Rights of children 7. Women • Rights to equality 8. Rule of law and good governance • Rights to administrative due process • Rights to the rule of law • Rights of participation Section 1 : Section 1 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. Due process of law : Due process of law If it is done under the authority of law that is valid Compliance with fair and reasonable methods of procedure prescribed by law Equal protection of the laws: 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: Section 2 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 be inviolable, and 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. PowerPoint Presentation: Search warrant – an order in 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 – a court order, issued on a probable cause, authorizing a law enforcement officer to arrest an  individual and present him or her before the court PowerPoint Presentation: Probable cause – is meant such facts and circumstances antecedent to the issuance of a warrant sufficient in themselves to induce a cautious man to rely upon them and act in pursuance thereof Section 3: 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 law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. PowerPoint Presentation: Right to privacy – the right to be left alone; free from undesired publicity or disclosure of communication and correspondence Limitations Upon lawful order of the court When public safety or order requires Evidence illegally obtained is inadmissible in any judicial and administrative proceedings Writ of Habeas Data : Writ of Habeas Data is a judicial remedy available to any individual whose right to privacy in life, liberty or security is violated or threatened by an unlawful act of public official or private individual or entity engaged in gathering, collecting or storing of data regarding the person, family, home or correspondence of the aggrieved party Section 4: Section 4 No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. PowerPoint Presentation: Freedom of expression (speech and press) implies the right to freely utter and publish whatever one pleases without previous restraint and subsequent punishment Importance of the freedom of expression: Promotes growth of the individual and nation Makes possible, scrutiny of acts and conduct of public officials Ensures a responsive and popular government Section 5: Section 5 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. PowerPoint Presentation: Religious freedom – right of man to worship God and to entertain such religious views without dictation or interference by any power or person Section 6: 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 of 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. PowerPoint Presentation: Liberty of abode and travel – right of a person to have his home in whatever place chosen by him, to change it at will and go where he pleases without interference from any source Section 7: 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 papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Section 8: Section 8 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. PowerPoint Presentation: Right to form associations – freedom to organize or to be a member of any group and to adopt the rules which the members judge most appropriate to achieve their purpose Limitations Unless the associations could be shown to create an imminent danger to public order, public peace, public morals or public safety Section 9 : Section 9 Private property shall not be taken for public use without just compensation. Three inherent powers of government : Three inherent powers of government Eminent domain – right or power of the state to take private property for public use upon paying the owner a just compensation Police power – power of the state to enact laws in relation to persons and property as may promote public health, public morals, public safety, etc. Taxation – power of the state to impose charge or burden upon persons, property for the use and support of government Section 10: Section 10 No law impairing the obligation of contracts shall be passed. PowerPoint Presentation: Obligation of a contract – law or duty which binds the parties to perform their agreement according to its terms or intent Section 11. : Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Constitutional rights of the accused : Constitutional rights of the accused Right to adequate legal assistance Right when under investigation for the commission of an offense, to be informed of his right to remain silent and to have counsel Right against the use of torture, force, violence, threat, intimidations which vitiates the free will Right against being held in secret, incommunicado or solitary detention Constitutional rights of the accused : Constitutional rights of the accused Right to bail and against excessive bail Right to due process of law Right to presumption of innocence Right to be heard by himself and counsel Right to be informed of the nature and cause of the accusation against him Right to have speedy, impartial and public trial Constitutional rights of the accused : Constitutional rights of the accused Right to meet the witnesses face to face Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf Right against self-incrimination (the right against self- incrimination forbids the government from compelling any person to give testimonial evidence that would likely  incriminatehim  during a subsequent criminal case. This right enables a defendant to refuse to testify at a criminal trial and "privileges him not to answer official  questions  put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings) Right against detention by any reason of political beliefs Constitutional rights of the accused : Constitutional rights of the accused Right to excessive fines Right against cruel, degrading, and inhumane punishment Right against inflicting of the death penalty except for heinous crimes Right against double jeopardy (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) Section 12: 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 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. (2) 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 detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. Section 13: Section 13 All persons, except those charged with offenses punishable by  reclusion perpetua 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. The right to bail shall not be impaired even when the privilege of the writ of  habeas corpus  is suspended. Excessive bail shall not be required. PowerPoint Presentation: Bail – security required by a court and given for the provisional or temporary release of a person who is in the custody of the law conditioned upon his appearance before any court Capital offense – an offense punishable by reclusion perpetua or death Section 14 : Section 14 ( 1) No person shall be held to answer for a criminal offense without due process of law. (2) 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. PowerPoint Presentation: Arraignment – is made in open court by the judge and consists in furnishing the accused a copy of the complaint with the list of witnesses, reading the same in the language known to him and asking him whether he pleads guilty or not Section 15: Section 15 The privilege of the writ of  habeas corpus  shall not be suspended except in cases of invasion or rebellion, when the public safety requires it. Writ of habeas corpus : Writ of habeas corpus An order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, and to show sufficient cause for holding in custody the individual so detained Suspension Maybe suspended by the President in case only of invasion or rebellion, when the public safety requires it Writ of Amparo: Writ of Amparo A judicial remedy that provides speedy relief to protect the people’s right to life, liberty and security in cases involving enforced disappearances or extrajudicial killings or threats Purpose Families of victims of extrajudicial killings can invoke the writ when the right to life, liberty or security of a person is violated or threatened with violation by unlawful act Section 16 : Section 16 All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Section 17: Section 17 No person shall be compelled to be a witness against himself. Section 18: Section 18 ( 1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Involuntary servitude : Involuntary servitude A condition of enforced, compulsory service of one to another. It has been applied to any service or labor which is not free, no matter under what form such service may have been rendered Exception When the involuntary servitude is imposed as a punishment for a crime When military or civil service is required of citizens Section 19: Section 19 (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons 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 any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. Section 20: Section 20 No person shall be imprisoned for debt or non-payment of a poll tax. PowerPoint Presentation: Debt – any liability to pay money arising out of a contract Poll tax – tax of a fixed amount imposed on individuals residing within a specified territory ( cedula or community tax) Section 21 : Section 21 No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Right against double jeopardy : Right against double jeopardy 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:: 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. Section 22: Section 22 No   ex post facto  law or bill of attainder shall be enacted. Ex post facto : Ex post facto a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law Bill of Attainder - Legislative act which inflicts punishment without judicial trial

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