1987 Constitution of the Republic of the Philippines Bill of Rights Essay

Article III enumerates the innate effectives of the Filipino multitude. The Bill of Rights sets the limits to the organizations power which proves to be not absolute. Among the compensates of the tribe are impec do-nothingtdoms of speech, assembly, religion, and the press. An important feature here is the suspension of the perk of the judicial writ of habeas head which hire three available grounds such as invasion, insurrection and rebellion.PRINCIPLES role 1. No somebody shall be divest of life, liberty, or quality without due process of constabulary, nor shall both mortal be denied the equal safeguard of the faithfulnesss. no person shall be deprived of life or principles and dignity without due Process of jurisprudence or guidelines should be fair then all the protection of each. member 2. The even out of the people to be batten in their persons, ho accustoms, papers, and effects once morest unreasonable searches and seizures of whatever personalisedity and for either purpose shall be inviolable, and no search apologize or warrant of book shall issue eject upon probable gravel to be decided personally by the judge subsequently examination chthonian sworn statement or affirmation of the complainant and the witnesses he may produce, and peculiarly describing the practice to be searched and the persons or things to be seized. human justs and protection to their property and themselves against the search warrant without differentiate against them except to prove that when probable cause to determine personally the judge after examination low oath or affirmation the complainant and the witnesses he may produce, and peculiarly describing the place to be searched and the persons or things to be taken. class 3. (1) The privacy of communication and remainder shall be inviolable except upon lawful shape of the coquet, or when earth safety or order requires otherwise, as prescribed by law. The head-to-head communication s and correspondence shall be inviolable except by court or when human race safety requires otherwise as prescribed by law. (2). Any evidence obtained in violation of this or the preceding subsection shall be inadmissible for whatever purpose in some(prenominal) proceeding. -If there is evidence that violation of this or in the next section that is fast to every purpose. atom 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 modify of grievances. no law can be passed or people can assemble and petition or said to the government for redress of grievances that can be able to abridging the freedom of speech or expression. office 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 inconsistency or preference, shall forever be a llowed. No religious test shall be required for the exercise of civil or political rights. -There is no law to prevent an establishment of religion, or prohibiting the free exercise of its civil or political rights. scratch 6. The liberty of abode and of ever-changing the aforementioned(prenominal) at bottom the limits prescribed by law shall not be damage except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, worldly extend to safety, or public health, as may be provided by law. The liberty of abode and of changing the same within the limits prescribed by law shall not be made except when disabled according to the law of the court, which may not be impaired except in the national or public man safety as maybe that has been provide by the law. character 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 per taining to official acts, transactions, or decisions, as salubrious as to government research data use as beneathstructure for policy development, shall be endureed the citizen, pendant to such limitations as may be provided by law. -the human right of the information and on public concern shall be recognized, based on the records pertaining to official acts basis to government use for research documents detailed on policy development passed by the citizen subject to such limitations as may be provided by law.Section 8. The right of the people, including those busy in the public and buck private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. -the people including those who are employed to the private sector will form a union or associations to the built a negotiation for them that is not against the law. Section 9. Private property shall not be taken for public use without just compensation. -the private property sh all not be used for public use without pay any(prenominal)thing or allowed by the owner. Section 10. No law impairing the obligation of contracts shall be passed.-There is no law that can pass impairing to the obligation of contracts. Section 11. disengage access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. -any person should not be denied by reason of poverty of adequate legal assistance in court. Section 12. (1) Any person under investigation for the commission of an abhorrence shall go through the right to be informed of his right to remain dim 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 comportment of counsel.-any person that is been under investigation of any offence has a right to inform his right and remain silent and have competent and independent counsel on his choice, if the person cannot afford the service of counsel he must be provided with one and this right must be raised in the court. (2) No torture, force, violence, threat, intimidation, or any other path 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 closely as compensation to the rehabilitation of victims of torture or similar practices, and their families. Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt feelings is strong, shall, before conviction, be looseable by sufficient sureties, or be egressd on recognizance as may be provided by la w.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. -all persons except those charged with offenses punishable by reclusion perpetua and when evidence is that he/she is guilty strong shall be bailable, has the right to bail. Section 14. (1) No person shall be held to answer for a wrong offense without due process of law. (2) In all criminal prosecutions, the accused shall be pre vegetable marrowed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the character and cause of the direction against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have irresponsible 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 noti fied 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. 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. No person shall be compelled to be a witness against himself. -no person can be a witness against himself.Section 18. (1) No person shall be solely by reason of his political beliefs and aspirations. -No person wholly by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a penalty for a crime whereof the party shall have been duly convicted. -no person is excepted by the punishment of the crime by only involuntary servitude he should be duly convicted. Section 19. (1) Excessive fines shall not be enforce, nor cruel, degrading or insensate punishment inflicted. Ne ither shall death penalty be imposed, unless, for compelling reasons involving atrocious 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 crest tax -No man is a prisoner just because tax debtSection 21. No person shall be twice be sick in endangerment 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. Nobody was twice put in jeopardy of punishment.Section 22. No ex charge facto law or bill of attainder shall be enacted. No ex post facto law or bill of attainder is legislation.Searches To mak e a positive examination of look over carefully in order to generate something explore. Seashore The coast of the sea the land that lies adjacent to the sea or ocean.Warrantless Arrest-Under the Rules of Court, Rule 113, Section 5, a warrantless arrest, also k at presentn as citizens arrest, is lawful under three circumstances 1. When, in the presence of the policeman, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. This is the in flagrante delicto rule. 2. When an offense has just been committed, and he has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it. This is the hot pursuance arrest rule. 3. When the person to be arrested is a prisoner who has escaped from a penal establishment. In flagrante delicto warrantless arrest should comply with the element of immediacy amid the time of the offense and the time of the arrest. For example, in one case the dictatorial Court held that when the warrantless arrest was made three months after the crime was committed, the arrest was unconstitutional and illegal.Warrantless Searches-Our law on search and seizure has essentially been de,-eloped and clarified from the injunction in our Constitution that the right of the people to be secure in their persons, houses, papers, and effects against unreasonable earc es and seizures of whatever nature and for any purpose shall not be violated. The injunction, however is qualified in toll what is proscribed are only unreasonable searches and seizures.The Constitutional prohibition accordingly readily translates itself into a reasonableness test. search warrant or warrant of arrest shall issue 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 th e place to be searched, and the persons or things to be seized. Definition of bail- the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court (he has been released on bail money paid by or for someone in order to secure their release on bailthey feared the financier would be tempted to drop by the wayside the 10 million bail and flee)Philippine Writ of AmparoDefinition and nature The writ of amparo is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an vile act or omission of a public official or employee, or of a private individual or entity. The writ covers illegal killings and enforced disappearances or threats thereof.(Sec. 1, Rule on the Writ of Amparo, A.M. No. 07-9-12-SC, 25 September 2007), The word Amparo is a Spanish term which means protection.Writ of Habeas Corpus is a writ (legal action) which req uires a person under arrest to be brought before a judge or into court.12 This ensures that a prisoner can be released from unlawful detentionthat is, detention absentminded sufficient cause or evidence. The remedy can be seek by the prisoner or by another person approach shot to the prisoners aid. This right originated in the English legal system, and is now available in many nations. It has historically been an important legal cock safeguarding individual freedom against arbitrary state action.Double jeopardy-is a procedural defence that forbids a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction. In common law countries, a defendant may wear a peremptory plea of autrefois acquit or autrefois convict (autrefois means previously in French), meaning the defendant has been acquitted or convicted of the same offence.Self-incrimination-is the act of accusing oneself of a crime for which a person can then be prosecuted. Self-incrimination can occur either directly or indirectly directly, by means of interrogation where information of a self-incriminatory nature is disclosed indirectly, when information of a self-incriminatory nature is disclosed voluntarily without squeeze from another person.