Right of privacy of communications and correspondence.

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

Shall be INVIOLABLE except:

1. Upon lawful order from the court.

2. When public safety or order requires otherwise as prescribed by law. (subject to police power of the State).

Art 3, Sec. 4. Freedom of expression-

free speech

Free press

Right of assembly

Right of petition

Franois-Marie Arouet (1694 1778)

i may not agree with what you say, but i will defend to death your right to say it.

 The freedom of expression is a fundamental principle of our democratic government. It "is a 'preferred' right and, therefore, stands on a higher level than substantive economic or other liberties. x x x [T]his must be so because the lessons of history, both political and legal, illustrate that freedom of thought and speech is the indispensable condition of nearly every other form of freedom." Our Constitution clearly mandates that no law shall be passed abridging the freedom of speech or of the press. In the landmark case Gonzales v. Comelec, this Court enunciated that at the very least, free speech and a free press consist of the liberty to discuss publicly and truthfully any matter of public interest without prior restraint. The freedom of expression is a means of assuring individual selffulfillment, of attaining the truth, of securing participation by the people in social and political decision-making, and of maintaining the balance between stability and change.It represents a profound commitment to the principle that debates on public issues should be uninhibited, robust, and wide open. It means more than the right to approve existing political beliefs or economic arrangements, to lend support to official measures, or to take refuge in the existing climate of opinion on any matter of public consequence. And paraphrasing the eminent justice Oliver Wendell Holmes, we stress that the freedom encompasses the thought we hate, no less than the thought we agree with. (ABS-CBN Broadcasting Corp. vs. COMELEC , GR # 133486, Jan. 28, 2000)

Clear and present danger rule

> The abridgement of the liberty can be justified only where there exists substantial danger that the speech will likely lead to an evil the government has the right to prevent.

Art. 3 sec. 5
Religious Freedom

 Religion (from O.Fr. religion "religious community," from L. religionem (nom. religio) "respect for what is sacred, reverence for the gods,"[2] "obligation, the bond between man and the gods"[3]) is derived from the Latin religi, the ultimate origins of which are obscure. One possibility is derivation from a reduplicated *leligare, an interpretation traced to Cicero connecting lego "read", i.e. re(again) + lego in the sense of "choose", "go over again" or "consider carefully". (Wikipedia)

2 aspects of religious freedom(of religious profession):

1. Freedom to believe in a religion - an absolute right.

2. Freedom to act in accordance with such belief.

Manifestations of separation of Church and State:

1. 2. 3. 4. Freedom of religion clause; Non- establishment of religion clause; No religious test clause; No sectoral representative from religious sector (Art. VI. Sec.5(2)); 5. Prohibition against appropriation for sectarian benefits (Art.VI. Sec 29 (2);and 6. Non- registration of religious denominations and sects as political parties (Art. IX-C, sec. 2 (5). (Duka, Constitutional Law)

Art. 3 sec. 6
Liberty of Abode

 Liberty to Travel

except: - upon lawful order of the court - interest of national security, public safety, public health..

Art.3, sec. 7
Right to information on matters of public concern.

ART. 3, sec. 8
Right to form associations, union, society

Art 3, sec. 9
Essential or Inherent powers of government: 1.EMINENT DOMAIN (section 9) 2.POLICE POWER 3.TAXATION

Power of eminent domain

- Is the right or power of the State or of those to
whom the power has been lawfully delegated to take (or expropriate) private property for public use upon paying to the owner a just compensation to be ascertained according to law.

Police Power
The Power of the State to enact such laws or regulations in relation to persons and property as may promote public health, public morals, public safety, and the general welfare and convenience of the people.

Taxation
Power of the State to impose charge or burden upon persons, property, or property rights, for the use and support of the government and to enable it to discharge its appropriate functions.

Art. 3 sec 10.

Obligation of a contract- is the law or duty which binds the parties to perform their agreement according to its intent or terms, , if it is not contrary to law , morals, good customs, public order, or public policy.

Art 3, sec 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.

Art 3., sec. 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.

Right to remain silent

Right to have a lawyer

No torture, force, threat, intimidation..

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.

Bail>

is a security required by the 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 as required under the conditions specified.

 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.

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.
is 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.

writ of habeas corpus >

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

Justice delayed is justice denied

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

Right against self- incrimination.

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.

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

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.

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