Ucsp-Module 6 - Human Rights and Dignity and The Bill of Rights PDF
Ucsp-Module 6 - Human Rights and Dignity and The Bill of Rights PDF
Ucsp-Module 6 - Human Rights and Dignity and The Bill of Rights PDF
III. DISCUSSION:
A. INTRODUCTION
The idea of human rights is not universal. Even if human rights are considered to be inalienable,
a moral attribute of persons that the state cannot violate, rights still have to be identified – that is
constructed – by human being and codified in the legal system (Donnelly 1999: 71-102). Human right is
a socially constructed concept which was gradually accepted by modern nations through the United
Nations Charter and declarations. Conversely, not all societies around the world recognize the
fundamental rights of each individual in society. In ancient societies and states ruled by absolute
monarchs, kings or emperors, for instance, individuals especially the commoners had no power to
assert their basic human rights. The word of the king becomes the law of the land. Even our pre-colonial
barangays with the datu ruling as the chief executive assisted by his close relatives and allies, the idea
of human rights was non-existent.
Although in theory, the idea of people having God-given and inalienable rights have long been
discussed by earlier philosophers and theologians, its codification and application to modern societies
is a recent development in legal history. It was the American and French revolutions of the eighteenth
century that started to create national policies based on broadly shared human rights. Despite the
rhetoric of universality, the adoption and implementation of human rights still depend on the political
will of each country.
With the birth of nation-states in the 19th century and the establishment of the United Nations,
the idea of human rights gradually became universalized by its members. In particular, the Bill of Rights
became more and more integrated in constitutions and legal codes of countries after the United
Nations enacted a global international law called the Universal Declaration of Human Rights in 1945.
This was adopted by the General Assembly or member-countries of the United Nations on December
10, 1948 (Forsythe 2006: 3-5).
2. Constitutional - those rights which are conferred and Rights in the Bill of
rights protected by the Constitution Rights such right to
– Since they are part of the fundamental law due process, equal
they cannot be modified or taken away by the protection, warrant of
law-making body. arrest, etc.
- They presumed to respect the natural rights
given by God.
3. Statutory rights ▪ those rights which are promulgated by the law- Right to minimum
making body and consequently may wage, to inherit
abolished by the same body property
▪ are created by the legislature and approved
by the President.
▪ These rights must be based on the constitutional
provisions on human rights; otherwise, they can
be abolished by the Supreme Court as illegal
and unconstitutional.
▪ These rights are expected also to respect the
natural rights of the human person.
1. RIGHT TO DUE PROCESS & EQUAL SEC.1. No person shall be deprived of life, liberty, or
PROTECTION OF THE LAWS property without due process of law, nor shall any
person be denied the equal protection of the law.
▪ Life refers to the entirety of an individual; to breath; to enjoy the existence and protection of all parts
of the body; development of talents and preservation of characteristics (due process prohibits
deprivation of life of one’s person as in the case of murder or homicide as well as injury to his/ her
limbs or faculties as in the crime of physical injury, mutilation, or direct assault).
▪ Liberty refers to one's freedom, the use of individual faculties provided he does not violate that of
others (due process disallows illegal physical restraint or imprisonment as well as restraint in the use
of the person’s God-given faculties such speech or artistic expression).
▪ Property is anything that can be subjected to possession and ownership (due process protects the
right of the person over his real or personal property which includes the right to own, use, transmit,
and even destroy one’s property subject to the right of the State and other persons).
▪ Under this section, a person has two important constitutional rights, namely:
I. The Right to Due Process
1. “A law which hears before it condemns, which proceeds upon inquiry and renders
judgment only after trial” (Darmouth College vs. Woodward, 4 Wheaton 518).
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2. Incidental to Lawful Arrest - limited search on the person and on the immediate vicinity where
the arrest was made. This is to protect the arresting officer from being imperiled by dangerous
weapons and to prevent the accused from destroying evidence.
3. Plain View Doctrine – the possession of articles prohibited by law is disclosed to plain view or is
open to eye and hand
4. Stop and Frist (Terry Search) – for reasonable suspicion
5. Moving Vehicle Doctrine (Carrol Doctrine) – in the case of contraband or forfeited goods being
transported by ship automobile, or other vehicle, where the officer making it has reasonable
cause for believing that the latter contains them
6. Checkpoints – routinary searches upon entering land areas
7. Airport/Seaport Searches – routinary searches made at ports of entry in the interest of national
security
8. Private Searches – done by a private person of private entity
• Warrantless Arrests
- Not all cases of arrest against suspects are done with search warrants. Under Rule 113 and Rule
115 of the Rules of Court, an arrest without warrant is lawful when, in the presence of arresting officer
or individual, the person to be arrested:
a) In Flagrante Delicto – when, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
b) Hot Pursuit – when an offense has in fact just been committed and he has personal
knowledge of facts indicating that the person to be arrested has committed it;
c) Escape – when the person to be arrested is a prisoner who has escaped from a penal
establishment or place
3. THE RIGHT TO PRIVACY SEC. 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.
▪ The right to privacy means the right to be alone, to be free from unwarranted publicity and to
live without unwarranted interference by the State on matters which do not concern the public.
▪ The Constitution recognizes the right of the individual to communicate and correspond through
letters, emails, and messages with others without the State having the right to know the content
of these communications, except on matters that affect national security, public order or safety
which require a lawful court order. Any evidence illegally obtained in violation of this right to
privacy is inadmissible in court (Sec.3 [2]).
4. THE RIGHT TO (1) FREEDOM OF SPEECH, (2) SEC. 4. No law shall be passed abridging the
EXPRESSION, (3) OF THE PRESS, (4) THE RIGHT freedom of speech, of expression, or of the press, or
TO ASSEMBLY AND (5) PETITION THE the right of the people peaceably to assemble and
GOVERNMENT FOR REDRESS OF GRIEVANCES. petition the government for redress of grievances.
A. The Scope of this Provision
Section 4 of the Bill of Rights of our Constitution have five (5) human rights which the State must
protect by not passing any law in the legislature or Philippine Congress that curtails these rights:
1. The Right to Freedom of Speech: Every person has the right to speak what s/he wants to say
privately or publicly as long as he or she does not offend or violate the rights of others and of the State.
▪ The most common violation of this right is oral defamation in which a person destroys the
reputation of others by verbal attacks or malicious gossiping. Sedition is another crime which
can be committed by individuals or groups against the State by uttering words which promote
hatred against a public official or against the government.
2. Right to Freedom of Expression: Expression includes oral utterances, actions or artistic
performances in state, video or film. Every person or group has the right to express their mind as long as
the right of others or the State are not violated. Pornography, public scandal or libel are the more
common violations of this right in our society.
3. Right to Freedom of the Press: The term press includes every kind of publications: newspapers,
periodicals, journals, magazines, handbills, leaflets, etc. and all instruments of mass media: radio,
Understanding Culture, Society, and Politics
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television, film, video, etc. Libel or malicious defamation of another person is using published materials in
the press to destroy reputation of other people.
4. Right to Freedom of Assembly: This refers to the right on the part of citizens to meet
peacefully for consultation in respect to public affairs. Rallies, demonstrations, and protests are
protected by our Constitution as long they do not disrupt public order and jeopardize the national
security of the State. Permits for rallies are usually approved or rejected by the city or municipal mayor.
5. Right to Petition the Government for Redress of Grievances: This means that every citizen or
group has right to apply, without fear of penalty, to the appropriate branch or office of the government
for redress of grievances.
▪ Thus, a citizen or group may request an internal investigation of official in a government agency
or demand an explanation for an inaction of a certain petition or application filed in a
government office.
6. THE RIGHT TO SEC. 6. The liberty of abode and of changing the same within the limits
ABODE AND THE prescribed by law shall not be impaired except upon lawful order of the court.
RIGHT TO TRAVEL 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.
▪ Two human rights under this provision:
1. Right to Abode: The right to abode simply means that any citizen has the right to have his home
or residence in whatever place chosen by him and thereafter to change it at will.
▪ As long as he or she does not squat on the land of others or of the government, he or she has
the freedom to choose where he or she wants to build his house or to transfer it thereafter if he
or she wants to.
2. Right to Travel: It means that every person has the right to go where he or she pleases without
interference from the government or other people.
▪ The only limitation of this right is court order and the exercise of the police power of the state. In
the interest of national security, public safety, or public health, one may be prohibited by check-
points to enter a particular place like a special military installation, or the place is infected with
a deadly virus or contagious disease. E.g. Coronavirus (Covid19) Pandemic
7. THE RIGHT TO SEC. 7. The right of the people to information on matters of public concern
INFORMATION ON shall be recognized. Access to official records, and to documents, and
papers pertaining to official acts, transactions, or decisions, as well as
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MATTERS OF PUBLIC government research data used as basis for public development, shall be
CONCERN afforded the citizens, subject to such limitations as may be provided by law.
▪ This provision has been inserted in our Constitution to provide the sovereign people who
constitute the State the right of access to the records of their government which can affect
their lives directly. In the spirit of transparency, public records, documents, decisions and
transactions must be open for people for inspection and evaluation. This can prevent graft and
corruption in the government.
▪ As of this writing, no law has been passed in Congress detailing the dynamics of this right in
actual social practice. The Freedom of Information Bill is still pending and has not yet been
acted upon by Congress.
▪ The right to public records and information has limitations. Those documents that pertain to the
national security of the State are not covered by this right. The income tax records of individuals
in the Bureau of Internal Revenue (BIR) are also confidential. Accounts pertaining to banks
under the Central Bank and to military intelligence are also excluded from public scrutiny.
8. THE RIGHT TO FORM SEC. 8. The right of the people, including those employed in the public
ASSOCIATION, UNIONS and private sectors, to form unions, associations, or societies for the
OR SOCIETIES. purposes not contrary to law shall not be abridged.
▪ People are social beings and as such they have the natural right to join or form associations not
contrary to law. The sphere between the individual and the State is called “civil society.” This
includes social groups and organizations, people’s organizations (POs) and non-government
organizations (NGOs).
▪ These are intermediary groups which can assist the state in its development programs can serve
as checks and balances to the affairs of the government.
9. OTHER LEGAL RIGHTS INCLUDE:
A. RIGHT TO JUST COMPENSATION - Private property shall not be taken for public use without just
compensation. (Art. 3, Sec 9).
B. RIGHT OF CONTRACT SHALL NOT BE IMPAIRED BY THE STATE - No law impairing the obligation of
contract shall be passed (Art. 3, Sec. 10).
▪ Contract is the meeting of the minds or agreement between two parties with a consideration.
The obligation of a contract is the law or a duty which binds the parties to perform their
agreement according to its terms or intent. As long as the contract is not contrary to law,
morals, good customs, public order, or public policy, the State cannot interfere with the
agreement between private parties
C. THE RIGHT AGAINST IMPRISONMENT FOR NON-PAYMENT OF DEBT OR POLL TAX - No person shall be
imprisoned for debt or non-payment of the poll tax (Art. 3, Sec. 20).
▪ Debt - any liability to pay money arising out of contract, express or implied.
▪ Poll Tax - a community or residence tax, popularly called as cedula.
▪ The control of the creditor over the person of the debtor has been abolished in our Bill of
Rights for humanitarian considerations. A person cannot be arrested and imprisoned by the
government for non-payment of debt owing to misfortune and poverty.
D. THE RIGHT AGAINST EX POST FACTO LAW OR BILL OF ATTAINDER - No ex post facto law or bill shall
be enacted. (Art. 3, Sec 22). This provision prohibits the legislature to pass laws which can
prejudice the rights of the prisoner or the accused.
▪ Ex Post Facto Law is a law which is penal in nature, retroactive in effect and prejudicial or
disadvantageous to the accused.
▪ Bill of Attainder is a legislative act which inflicts punishment without a judicial trial.
IV. ASSESSMENT:
PERFORMANCE CHECK:
▪ INSTRUCTION: Write a Position Paper on the “Implementation of Anti-terror Law (R.A. 11470) in the
Philippines” and relate it to Human Rights. 40 points
▪ Format: Century gothic 11, long bond paper, minimum of 2 pages (single spaced)
▪ The paper must include:
Understanding Culture, Society, and Politics
Governor Pack Road, Baguio City, Philippines 2600
Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786;
442-2564; 442-8219; 442-8256; Fax No.: 442-6268 Grade Level/Section: Grade 11/12
Email: [email protected]; Website: www.uc-bcf.edu.ph
V. REFERENCES:
• Aguilar, M., et al. (2016) Society, Culture and Politics. Quezon City: The Phoenix Publishing House
Inc.
• De Leon, H. Philippine Constitution. REX Book Store. 2014
• Melegrito et. al., Philippine Politics and Governance, Quezon City: Phoenix Publishing House, Inc.
2016
• Vivencio, B. (2016) History, Politics, Government, and the Constitution of the Philippines: A
Sociological-Juridical Approach: Ven Ballano Publishing.
VI. ADDITIONAL REFERENCES:
• https://www.youtube.com/watch?v=O8ME7kxMk4g: History of Human Rights
• https://www.youtube.com/watch?v=hrF2aYmINoA : Human Rights in Two Minutes (Filipino)
• https://www.youtube.com/watch?v=rfnHemN8PqI: Phil. Bill of Rights