Classification of Constitutional Rights

1. Political Rights - Gives the citizen the power to participate directly or indirectly.
2. Civil Rights - Rights which the law enforces. Includes the rights to due process and equal protection of
the law.
3. Social and Economic Rights - Includes the right which are intended to insure the well-being and economic
security of the individual.
4. Rights of the Accused - Civil rights intended for the protection of the person accused of any crime. Like
the right to presumption of innocence.

Filipino Citizens and Their Rights

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.
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.
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)
 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.
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
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).
  The exercise of this right, however, can be limited by the State through its exercise of its police
power under the following tests: 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. 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
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.
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.
 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.
Liberty of Abode and Travel. Liberty of abode 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 abode and of changing the same
within the limits prescribed by law shall not be impaired except upon lawful order of the court.
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.
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.
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.
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.
 For the government to exercise the 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.
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.
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.
 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.
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:
 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.
 Right to Due Process of Law This means that an accused must be given the opportunity
to defend himself in court and that before a judgment is rendered a trial must be conducted
by the impartial court. Decision on his case must be rendered only after a lawful and fair
hearing.
 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.
 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.
 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.
 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.
 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.
 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.
 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 subpoena, requiring a person to appear in court or produce
certain documents or evidence which may facilitate speedy resolution of a case
 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.
 Right to Appeal in Criminal Case Once an accused is convicted, he has the right to appeal
his case to higher court.
 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.
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.
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.
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.
 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.
Right Against Detention Due to Political Beliefs and Aspirations The inclusion of this right in the
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.
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.
Non-Imprisonment Due to Debt No person shall be imprisoned for debt or non- payment of a poll tax or
community residence tax.
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.
 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.
 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.

SUFFRAGE
Suffrage is the right and obligation to vote of qualified citizens in the election of certain national and local
officers of the government and in the decision of public questions submitted tot eh people. • It is not all
absolute needless to say that it is an enjoyment of all other rights.
Importance of Suffrage

The importance of suffrage cannot be overemphasized as it is the bed rock of Philippine

democracy and republicanism. Removed, then the Philippines is no longer democratic and
republican. Therefore the Constitution mandates the Congress “to provide a system for securing
the secrecy and sanctity of the ballot.” The mandate becomes especially important now that the
electoral base is broadened to include the illiterate and the disabled who are the usual prey of
unscrupulous politicians. Thus, to secure the very essence of Philippine democracy and to protect
the illiterates and disabled from being disenfranchised, the Constitution also provides that “The
Congress shall also design a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote under existing laws and such
rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.”

Nature

 Mere privilege - suffrage is not a natural right of the citizens but a privilege to be given or
withheld by the lawmaking power subject to constitutional limitations. It is granted to
individuals only upon the fulfillment of certain minimum conditions deemed essential for
the welfare of the country.
 Political Right - it is classified as political right, enabling every citizen to participate in
the process of government to assure that its powers from the consent of the governed. The
principle is that of one man, one vote.

Qualifications of Voters:
1. A citizen of the Philippines both male and female
2. Not otherwise disqualified by law
 3. At least 18 yrs. of age
 Reason for Lowering the Voting Age. The voting age was lowered down from
21 to 18 years old to broaden the electoral base. If the voting age is 21, then only
a small percentage of the total population of the Philippines can vote. Moreover,
according to psychologists, 18 to 21-year-old Filipino youth, living in urban or
rural areas, have the same political maturity. This is affirmed in many provisions
of Philippine law, in that the marrying age, the age when someone can enter into a
contract, and the age when someone can be called to defend the State, is 18 years
old. It must be noted, however, “registration” may be done before reaching the age
of majority for as long as the voter is 18 years old on the day of the election.
4. Have resided in the Philippines for at least one year (1) and in the place wherein he proposes to
vote for at least 6 months preceding the election.

Residence Qualification
1. A voter must have been a permanent resident of the Philippines for at least one (1 year) preceding
the election.
2. 6 months residence in a province, city or municipality is considered the minimum length of time
within which a person can adequately familiarize himself with the needs and conditions and the
personalities of the locality.

 Explanation of Residency Requirement. The “one-year residency requirement”

means “permanent residence” while the “six-month residency requirement” means
either “permanent or temporary residence.” On the on hand, permanent residence
or domicile requires bodily presence in the locality, the intention to remain there
(animus manendi), and an intention to return to it if one goes somewhere else
(animus revertendi). If a new residence is established, permanent residence
requires an intention not to return to the old domicile (animus non revertandi). For
example, if a Filipino citizen works abroad to look for greener pastures, but still
has the “intention to return” to the Philippines, he can still exercise his right to vote
since his domicile is still in the Philippines. On the other hand, temporary residence
only requires the intention to reside in a fixed place. To be familiar with the needs
of the locality, a voter must reside therein for at least six months immediately
preceding the elections. This is requirement for both national and local elections.
In here, since residence can also mean temporary residence, one can vote in either
his locality of permanent residence or locality of temporary residence during local
or national elections. For example, Pedro is domiciled in Tuguegarao City and is a
registered voter therein. But he is working in Manila for more than six months
already, has established a temporary residence, and is likewise a registered voter
there. Under the law, he can vote in Tuguegarao city since he is a permanent
resident of the place or in Manila since he has a temporary residence there.
What is an election?
It is the selection of candidates to public office by popular vote.
What are the types of Election?
1. Regular- refers to an election participated I by those who possess the right of suffrage not
disqualified by law and who are registered voters.
2. Special- one held to fill in the vacancy in office before the expiration of the term for which
incumbent was elected.
Scope of Suffrage
1. Election – means by which people choose their officials for definite and fixed periods and to
whom they entrust, for the time being as their representatives, the exercise of powers of government.
2. Plebiscite – the vote of the people expressing their choice for or against a proposed law or
enactment submitted to them.
3. Referendum – It is the submission of the a law or part thereof passed by the national or local
legislative body to the voting citizens of a country for their ratification or approval.
4. Initiative – the process whereby the people directly propose and enact laws.
5. Recall – method by which a public officer may be removed from office during his tenure or
before the expiration of his term by a vote of the people after registration of a petition signed by a required
percentage of voters

Republic Act 8189 “Voters Registration Act of 1996”

• A citizen to be qualified to exercise his right to vote, in addition to the minimum requirements set
by fundamental charter is obliged by law to register.
What is absentee voting?
-a processed by which qualified citizens of the State of the Philippines abroad exercise their right
to vote in pursuant to the constitutional mandate that Congress shall provide a system for absentee voting
for qualified Filipinos abroad.
 Section 2, Article V states, “The Congress shall provide… a system for absentee
voting by qualified Filipinos abroad.” For as long as they are qualified, overseas
Filipino workers can still participate in elections despite their temporary absence
in the Philippines. While residency is a voting requirement, it must not be a reason
for disenfranchising thousands of Filipinos abroad whose hearts are still with the
Philippines.