rights and privileges of a Filipino

1. Filipino
Citizens and
Their Rights

2. One important feature of a democratic state is
the people enjoyment of rights and privileges. As a
democratic state, our country guarantees its citizens
certain individual rights which are stipulated in
Article III (Bill of Rights) of its fundamental charter.

3. The Bill of Rights
The Bill of Rights is a statement and listing of an
individual’s rights and privileges which the
fundamental law of the land is designed to safeguard
against violations of the government or by an
individual or group of individuals. It is the charter
embodying the liberties of a person and the
limitations upon the power of the state.

4. As pointed out by Aquino (2006), the bill of
rights is but a roster of constitutional provisions that
are primarily limitations on the government,
declaring that the rights exist without any
government grant that may not be taken away by the
government and that the government has the duty to
protect.

5. Classifications of Rights
 Natural Rights. These are the rights inherent to
man and given to him by God as a human being.
Examples of these rights are the right to live, love
and be happy.
 Constitutional Rights. These are the rights
guaranteed under the fundamental charter of the
country.

6.  Statutory Rights. These are rights provided by the
law – making body of a country or by law, such as
the right to receive a minimum wage and the right to
preliminary investigation.

7.  Civil Rights. These are the rights specified under
the Bill of Rights, such as the freedom of speech,
right to information. They are the rights enjoyed by
an individual by virtue of his citizenship in a shape
or community.

8.  Economic Rights. These are rights to property,
whether personal, real or intellectual. Some
examples of these rights include the following: right
to use and dispose of his property, right to practice
one’s profession, and the right to make a living.

9.  Political Rights. These are rights an individual
enjoys as a consequence of being a member of a body
politic. Some examples of political rights are the
following: right to vote, right to be voted into public
office.

10. The Constitutional Rights
of Filipino Citizens

11. Due Process. Due process is a law that hears
before it condemns. This clause in our fundamental
charter means that no person shall be deprived of
his life, liberty or property unless due process is
observed. In other words, a Filipino citizen can be
deprived of his life, liberty or property provided he
is given the chance to defend himself.

12. Equal Protection of the
Law. This refers to equality in
the enjoyment of similar rights
and privileges granted by law.
Thus, no reason shall be
deprived of the same protection
of laws enjoyed by other persons
in the same place and in similar
circumstance.

13. Right Against Unreasonable Searches
and Seizures.
As stated in the Constitution of the
Philippines, 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 should be inviolable
and that no search warrant or warrant of arrest
shall be issued except upon probable cause to be
determined personally by 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 (Sec. 2, Article 3)

14. There are, however, instances when search and
seizure may be done without warrant (De Leon,
2003). When there is a waiver or consent, a search
and seizure can be still considered legal. A
warrantless arrest, however, may be made by either
private citizens or police officers when the person
to be arrested is a prisoner who escaped from
prison or person to be arrested has committed, is
actually committing or is attempting to commit an
offense.

15. Right to Privacy of Communication
and Correspondence. Section 3 of Article
III states that the privacy of communication
and correspondence shall be inviolable except
upon lawful order of the court, or when the
public safety or order requires otherwise as
prescribed by law. Any evidence obtained in
violation of this shall be inadmissible for any
purpose in any proceeding

16. Freedom of Speech.
No law shall be passed
abridging the freedom of
speech, of expression, or of
press, or the right of the
people to peaceably assemble
and petition the government
for redress of grievances
(Sec.4, Article III).

17. The exercise of this right, however, can be
limited by the State through its exercise of its
police power under the following tests:
1. Dangerous Tendency Rule. According to this
rule, the state can punish a person for speech
encouraging people to engage in illegal action or
become disloyal to the State even if the danger is
quite remote.

18. 2. Clear and Present Danger Rule. Under
this test, freedom of speech is not an
absolute right. A government can punish a
person for speech that presents a clear and
present a danger leading to illegal acts.
Thus, the right can be curtailed by the
government when it can demonstrate a close
connection between speech and illegal
action

19. Closely related to the freedom of speech or
expression are the right of assembly or right of
petition.
Right of Assembly is the right on the part of the
citizens to congregate peacefully in a public
meeting to discuss issues and matters of interest to
them.
Right of Petition refers to the right of any citizen
to ask any branch of the government to take action
on his complaint or grievance.

20. Freedom of Religion. Freedom of religion
refers to the right of a person to worship God in his
own way and practice his religious beliefs without
any interference from the government, anybody or
group. This right is clearly stated in Section 5 of
Article III, which states that no law shall be made
respecting the establishments of religion or
prohibiting the free exercise thereof.

21. Just like other rights
guaranteed by the
Constitution, freedom of
religion is not an absolute
right. The government can
forbid religious practices
that endanger the health and
morals of the people.

22. Liberty of Adobe and Travel. Liberty of
adobe and power refers to the freedom to choose
where one should reside, while liberty of travel
means the freedom to move from one place to
another without the interference from anybody or
government. As stated in Section 6 of Article III,
the liberty of adobe and of changing the same
within the limits prescribed by law shall not be
impaired except upon lawful order of the court.

23. Right to Information on Matters of
Public Concern. This right is clearly stated in
Section 7 of Article III. The right of the people to
information no matters of public concern shall be
recognized. Access to officials records, and to
documents, and papers pertaining to official acts,
transactions, or decisions, as well as to
governmental research data used as basis for policy
development, shall be afforded the citizens, subject
to such limitations as may be provided by the law.

24. Right to Association. The right to
association means the freedom of any Filipino
citizen to organize and join any society or group, as
long as its goals and activities are not contrary to
existing laws of the land. The right is clearly cited I
Section 8 of Article III , which states that 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.

25. Right to Just Compensation. This right is
mentioned in Section 9 of Article III which states
that the private property shall not be taken for
public use without just compensation. The
government of the country can take over a private
property for public use. This is because of its
exercise of one of its inherent powers, which is the
power of eminent domain.

26. Non – Impairment of Contracts. Section
10 of Article III states that no law impairing the
obligations of contracts shall be passed. The
principal purpose of this constitutional provision is
that of safeguarding the integrity of valid
contractual agreements against unwarranted
interference from the States in the form of the law.

27. For the government to exercise the
aforementioned power, the following conditions
have to be satisfied:
 The property to be taken over by the government
shall be for public use;
 The owner has to be paid the reasonable value of
his property; and
 Due process has to be observed in the
expropriation proceeding.

28.  Free of Access to Courts
This right is specified under Section 11 of Article
III, which states that free access to the courts and
quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of
poverty.

29. Rights of a Person Under Custodial
Investigation. Section 12 of Article III states that
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 a competent
and independent counsel preferably of his own
choice. If the person cannot afford the services of the
counsel, he must be provided one.

30. The rights of the person under custodial
investigations are sometimes called Miranda rights.
These rights commence at the moment an accused is
arrested or surrenders to police authorities. Before
custodial interrogation begins, the accused has to be
notified that he has the right to remain silent,
warned that what he may say may be used against
him in court, told that he has the right to have his
lawyer, one will be provided to him, and permitted to
terminate any stage of police interrogation.

31. Right of an Accused in Criminal Cases. The
rights of the accused in criminal cases are outlined in
greater detail in Section 14 of Article III. Among
these rights are the following:

32.  Right to Bail
Bail is a bond given to secure the personal liberty
of one held in restraint upon a criminal charge. It is a
form of security required by the court for the
temporary release of an accused.
The right to bail, however is not available to one
accused of an offense punishable by reclusion
perpetua or life imprisonment and death.

33.  Right to Due Process of Law
This means that an accused has to be given the
opportunity to defend himself in court and that
before a judgment is rendered a trial has to be
conducted by the impartial court. Decision on his
case has to be rendered only after a lawful and fair
hearing.

34.  Right to Presumption of Innocence
One accused of a criminal offense is always
presumed to be innocent. Thus, the burden of
proving the guilt of an accused rests on the
prosecuting attorney or fiscal. If the guilt is not
established, then the case is dismissed and the
accused is acquitted.

35.  Right to be Heard by Himself and Counsel
In any court trial, the accused has the right to
defend himself personally or through his lawyer. A
lawyer is needed by the accused because he can be
convicted not because he is guilty but because he
does not have the competence of proving his
innocence.

36.  Right to be Informed of the Nature and Cause of an
Accusation
The accused has the right to know the charges
filed against him so that he may be able to prepare
for his defense in court. This is done during
arraignment, wherein the accused is furnished the
information and asked whether he pleads guilty or
not. The presentation is usually done in courtroom.

37.  Right to Heard by himself and His Counsel
In any court proceeding in the country, the
accused is given the right to defend himself
personally with the assistance of the lawyer. There is
a need on the part of an accused to hire the services
of a lawyer even if he is intelligent as he is not
familiar with the rules of the court.

38.  Right to Speedy Trial
All person shall have the right to speedy
disposition of cases before all judicial, quasi-judicial
or administrative bodies. As stated in Section 4, Rule
104 of the Rules of Court, a speedy trial is one
conducted according to the law of criminal
procedures and the rules and regulations, free from
vexatious, capricious and oppressive delays.

39.  Right to Confrontation of Witnesses
The accused has the right to meet the witnesses
against him face to face. This right is guaranteed in
the Constitution so that the counsel of the accused
can cross examine the witnesses. Through this way,
the court will also be able to assess the credibility of
the witnesses and their statements publicly.

40.  Right to Compulsory Production of Witnesses and
Evidence
The accused has the right to demand the
presence of witnesses during the trial and the
production of evidences in his behalf. Thus, the court
issues a supboena, requiring a person to appear in
court or produce certain documents or evidence
which may facilitate speedy resolution of a case

41.  Trial in the Absence of an Accused
The trial of an accused can prosper even in his
absence, provided the following conditions are
satisfied: the accused has been arraigned; he has
been duly notified of the schedule of the trial; and his
failure to appear in reasonable and justifiable.

42.  Right to Appeal in Criminal Case
Once an accused is convicted, he has the right to
appeal his case to higher court.

43.  Right Against Cruel and Unusual Punishment
The Constitution prohibits the imposition of
excessive fine and the infliction of inhuman and
degrading punishment. This is because criminals are
still human beings supposed to be treated with
respect and dignity.

44.  Right Against Self-Incrimination
As stated in Section 17 of Article III, no person
shall be compelled to be a witness against himself.
This is the right against self-incrimination. This goes
to show that a person cannot be forced to be a
witness against himself or talk against himself as this
constitutes breach of his right to privacy.

45.  Right Against Double Jeopardy
No person shall be tried twice for the same
offense. The rule of double jeopardy simply means
that when a person accused of an offense and the
case has been terminated either by conviction or
acquittal, he cannot be again charge for the identical
or similar offense. This rule is anchored on the
principle of justice, conscience and reason.

46.  Right Against Death Penalty
As stated in the Constitution, death penalty shall
not be imposed unless for compelling reasons
involving heinous crimes. As a result, the death
penalty imposed on convicted criminals shall be
reduced to reclusion perpetua or life imprisonment.
Nonetheless, Congress restored the imposition of the
death penalty for heinous crimes, by virtue of
Republic Act No. 7659.

47. Heinous crimes punishable by the death penalty
under this legislation include the following: treason;
piracy; qualified piracy; qualified bribery; parricide;
murder; infanticide; kidnapping and serious illegal
detention; robbery with violence against or
intimidation of persons; destructive arsons; rape;
plunder; drug-related offense; and carnapping.

48.  Right Against Detention Due to Political Beliefs and
Aspirations
The inclusion of this right in thee supreme law of
the land was a response to what happened during the
Marcos Regime were numerous political opponents
were arrested, detained and charged of rebellion.
This constitutional rights guarantees freedom of
expression on the part of the Filipino people for
espousing political beliefs and aspirations, without
fear of arrest and prosecution.

49.  Non-Suspension of the Privilege of Habeas Corpus
The Constitution states that the privilege of
habeas corpus shall not be suspended except in case
of invasion or rebellion when public safety requires
it. The term habeas corpus literally means to
produce the body.

50.  Non-Imprisonment Due to Debt
No person shall be imprisoned for debt or non-
payment of a poll tax or community residence tax.

51.  Non-Passage of Ex Post Facto and Bill of Attainder
Section 22 of Article 3 clearly states that no ex
post facto law or bill of attainder shall be enacted. An
ex post facto law is one that makes criminal an act
done before the passage of a law and punishes such
act when it was lawful when committed.

52. Thus, it deprives a person accused of a crime of
some lawful protection to which he has become
entitled, such as the protection of a former
conviction or acquittal or a proclamation of amnesty.

53. A bill of attainder, on the other hand, is a
legislative act which inflicts punishment without the
benefit of trial. The prohibition against bill of
attainder is a direct implementation of the
implementation of the principle of separation of
powers by restricting Congress to rule-making and
prohibiting this body from usurping the function of
the judiciary.