Bill Of Rights - 4, By Prof. John T. Torres

1. Bill of Rights (1987 Philippine Constitution) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I

5. Article-III, Section-7 (Right to Information) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I “ The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development shall be afforded to the citizens, subject to such limitations as may be provided by law.”

8. Article-III, Section-8 (The Right to Form Union) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I “ 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.”

10. Article-III, Section-8 (The Right to Form Union) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I “ Unionism is a necessity to place employees or labor sectors to the bargaining levels same as that of their employers in relation to negotiations of terms and conditions of employment. However, while employees in the public sector may form a union, they are not entitled to stage strike to press their demands to improve the terms and conditions of their employment.”

11. Article-III, Section-8 (The Right to Form Union) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I Reason: Under the constitution, no money from the National Treasury shall be spent except in accordance with appropriation by law. Improving the economic conditions of employees in the public sector requires spending of public money. Change in the terms of government employees can only be realized through law.”

12. Article-III, Section-8 (The Right to Form Union) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I Question: If a public and private company has required every employee to sign an agreement as part of his employment contract – that he will not join any labor unions, societies or associations, does this constitutes violation of Art. III, Sec. 8 of the Philippine Constitution? Answer: Yes. It is a form of unfair labor practice.

13. Article-III, Section-8 (The Right to Form Union) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I Commentary: If public employees are prohibited to go on strike, the essence of forming unions in government entities show lack of logic. It is also a clear suppression to their right for redress of grievances. Thus, it contradicts to Art. III, Section 4 of the 1987 Philippine Constitution.

15. Article-III, Section-9 (The Right to Just Compensation) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I This is in connection with the inherent rights of the state, specifically, the Right of Eminent Domain . Just compensation - the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market-value at the time of the taking.

18. Article-III, Section-10 (Non-Impairment Clause) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I Note: A contract is a meeting of minds between parties with respect to rendition of service or performance of obligation to give something, Government is prohibited from interfering with agreement of parties since it is considered as a law between the contracting parties.

20. Article-III, Section-11 (Free Access to Court) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I Note: If the accused cannot afford to hire a lawyer to defend his case, the government shall provide one for him. He shall be assisted and represented by a public prosecutor and a counsel from the Public Attorney’s Office, respectively.

22. Article-III, Section-12 (Right of Person under Custodial Investigation) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I (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.”

23. Article-III, Section-12 (Right of Person under Custodial Investigation) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I (1) “Ang sinumang tao na na ini-imbistigahan dahil sa paglabag ay dapat magkaroon ng karapatang mapaliwanagan ng kanyang karapatang magsawalang-kibo at magkaroon ng abogadong may sapat na kakayahan at kanyang personal na pinili. Kung hindi niya makakayanan ang paglilingkod ng abogado, kinakailangang pagkalooban siya ng isa. Hindi maiuurong ang mga karapatang ito maliban kung nakasulat at sa harap ng abogado.”

24. Article-III, Section-12 (Right of Person under Custodial Investigation) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I (2) “No torture, force, violence, threat, intimidation, or any other means which vitiate the free shall be used against him. Secret detention places, solitary, incommunicado or other similar forms of detention are prohibited.”

25. Article-III, Section-12 (Right of Person under Custodial Investigation) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I (2) “Hindi siya dapat gamitan ng labis na pagpapahirap, pwersa, dahas, pananakot, pagbabanta, o anumang paraaan na lalabag sa kanyang malayang pagpapasya. Ipinagbabawal ang mga lihim na kulungan, solitaryo, ingkomunikado, o iba pang katulad ng anyo ng detensyon.”

26. Article-III, Section-12 (Right of Person under Custodial Investigation) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I (3) “Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.” (3) “Hindi dapat tanggaping ebidensya laban sa kanya ang anumang pagtatapat o pag-amin na nakuha nang labag sa seksyong ito o sa seksyong labing-pito.”

27. Article-III, Section-12 (Right of Person under Custodial Investigation) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I (4) “The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.”

28. Article-III, Section-12 (Right of Person under Custodial Investigation) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I (4) “Dapat magtadhana ang batas ng mga kaparusahang penal at sibil sa mga paglabag sa seksyong ito at gayundin ng bayad-pinsala at rehabilitasyon sa mga biktima ng labis na mga paghihirap o katulad ng mga nakagawian, at sa kanilang mga pamilya.”

31. Article-III, Section-13 (The Right to Bail & Against Excessive Bail) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I “ All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient securities, 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.”

33. Article-III, Section-13 (The Right to Bail & Against Excessive Bail) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I Bail – is the security (usually a deposit of money) required by a court for the temporary release of a person who is in the custody of the law provided that his appearance in trials may be ensured. Excessive Bail – is prohibited because that is the same as denying the right to post bail.

34. Article-III, Section-13 (The Right to Bail & Against Excessive Bail) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I Writ of Habeas Corpus – 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.

36. Article-III, Section-14 (Rights of the Accused) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I (1) “No person shall be held to answer for a criminal offense without due process of law. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved.” (1) “Hindi dapat papanagutin sa pagkakasalang kriminal ang sinumang tao nang hindi kaparaanan ng batas. Ang mga akusado ay itinuturing na inosente hangga’t hindi napapatunayan.”

37. Article-III, Section-14 (Rights of the Accused) Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I ( 2) “In all criminal prosecutions, 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 justifiable.”

41. Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I -end-