CIVIL AND POLITICAL RIGHTS AS APPLIED IN THE PHILIPPINES
I. INTRODUCTION “Civil and political rights which the law will enforce at the instance of individual individuals s without without discrimin discrimination ation for the enjoyment enjoyment of their their lives, lives, liberty liberty amd means of happiness.” (Coquia, 2000, p. 56) Concept/Definition: Civil Rights- Civil liberty means freedom from arbitrary interference in one’s pursuits as constitutionally guaranteed. (Merriam-Webster, 1996). 1996). Political Political Rights- These are rights rights to participat participate e directly directly or indirectl indirectly y in the the esta establ blis ishm hmen entt of admi admini nist stra rati tion on of gove govern rnme ment nt.. (A (Art rt.2 .25, 5, Poli Politi tica call Covenant).
II. INTERNATIO INTERNATIONAL NAL COVENANT COVENANT ON CIVIL CIVIL AND POLITIC POLITICAL AL RIGHTS RIGHTS ICCPR ICCPR is a multil multilate ateral ral treaty treaty adopted adopted by the United United Nation Nations s Genera Generall Assemb Ass embly ly on December December 16, 16, 1966 and in force force since March March 23, 1976. 1976. It commits commits its parties parties to respect civil civil and political political rights rights of individuals. individuals. As of March 2012, the covenant has 74 signatories and a nd 167 parties. ICCPR is part of international Bill of Human Rights along with Covenant on Economic, Social and Cultural Rights and the Universal Declaration of Human Rights. (WIKEPEDIA)
Salient rights included in the International Covenant on Civil and Political Rights: CIVIL RIGHTS A.Right to Self Determination (Art. 1, Sec. 1) B. Right to life, liberty and security (Art. 6 (1) and 9(1) C. Right to equality of law (Art. 26)) D. Right to privacy (Art. 17,sec.1) E. Right to nationality na tionality (Art. 24) F. Right of the arrested and detaine persons G. Right to own property (Art. 17, UDHR) H. Right to marry and found family (Art. 23, sec. 2) I. Right to freedom of thought, conscience and religion (Art. 18, sec. 1)
POLITICAL RIGHTS A. B. C. D.
Right to to freedom freedom of opinio opinion n and express expression ion Right to access access to to informat information ion (UDHR) (UDHR) Right to peaceful peaceful assembly assembly for the the redress redress of grievances(Ar grievances(Art. t. 21) Right to participate participate in government government affairs and equal access to public services (Art. 25) E. Righ Rightt to to suff suffra rage ge
III. APPL APPLICATI ICATION ON IN THE PHILIPPIN PHILIPPINE E SETTING CIVIL RIGHTS A. Right to self determinat determination ion “The state shall pursue an independent foreign foreign policy. In its relations with other states the paramount consideration shall be the national sovereignty, territorial territorial integrity, nationa; interst and the right to self determination. (Art. II, sec. 7, 1987 Phil. Constitution) B. Right to life, life, Libert Liberty y and Secur Security ity “No person shall be deprived of life, liberty or property without without due process of law nor shall any person be denied the equal protection of the laws.”(Art. III, Sec. I 1987 Phil. Constitution) Art. 256 and 257 of the Revised Penal Code penalizing abortion whether intentional or unintentional. Prohibition of slavery under Art. 1, Sec.18 (2) which provides: “No involuntary servitude in any form shall s hall exist except as a punishment for a crime whereof the party shall have been duly convicted.” The revised Penal Code penalizes penalizes human trafficking/white trafficking/white slavery under Art. 272 therof. “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.”(Art. III, Sec 12(2) Art. 124 and 125 of RPC penalizes Arbitrary Detention. Right to liberty of Abode and right to travel (Bill of Rights)
C. Right Right to Equali Equality ty of of Law
“No person shall be denied the equal protection of the Laws.”(Art. III, Sec.1)
“Equal Protection of the Law further means that all persons or things, similarly situated must be treated alike both as to the rights conferred and the liabilities imposed (Association of small land owners vs. Secretary of Agrarian reform, 175 SCRA 343 (1989).
D. Right Right to to Pri Privac vacy y
“The right of people to be secure in their persons, homes,papers and effects against unreasonable search and seizures of whatever nature and for any purpose shall be inviable xxx” (Art. III Sec. 2 of 1987 Constitution) “Right to Privacy of communication and correspondence is invialable.” (Art. III, sec. 3) Anti-Wire Tapping Law (RA 4200) E. Right Right to National Nationality ity Provisions in the Phil. Constitution on Citizenship. F. Right of the the Arrested Arrested and detained detained perso person n MIRANDA DOCTRINE (Rights of Persons under Custodial investigation) Rights of the Accused 1. Right Right to to due due proces process s 2. Right to be presumed innocent 3. Right Right to be heard by himsel himselff and counsel counsel 4. Right Right to be inform informed ed of the nature nature of the charge charge against him 5. Right Right to speedy, speedy, impart impartial ial and and public public trial trial 6. Right Right to meet meet witnes witnesses ses face face to face 7. Right Right to have compulsor compulsory y process process to secure secure attendance of witness 8. Right Right against against doubl double e jeopar jeopardy dy 9. Righ Rightt to to bai baill Rule 122 of the Rules of Court provides for the right of the accused to appeal G. Right Right to Own Own Proper Property ty Articles 414 to 561 of the Civil Code of the Philippines deals with acquisition of property, whether real or personal, the right of possession and disposition of the same. Art. III, Sec. 1 of the 1987 Phil. Constitution provides: “No persons shall be deprived of life, liberty and property without due process of law. H. Right to Marry Marry and and Found Found Family Family
“The Philippine Constitution states as one of its state policies the recognition of the sanctity of family life and shall protect and strengthen the family as the foundation of the nation.”(Coquia, 2000,p. 89) Constitution provides for the institution of the The 1987 Constitution Family Code of the Philippines. I. Right Right to freed freedom om of thoug thought, ht, consc conscien ience ce and reli religio gion n “No law shall be made respecting an establishement of religion, or prohibiting the free exercise thereof.The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religions test shall be acquired for the exercise of civil or political rights.” (Art. III, Sec. 5 of the 1987 Phil. Constitution) “No person shall be detained solely by reason of his political beliefs and aspirations.” (Art. III, Sec. 18 of 1987 Phil. Constitution) A. Freedom Freedom of Opinio Opinion n and Expre Expression ssion “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 redress and grievances.” (Art. III, Sec. 4 of the Phil. Constitution) B.
And Right of Access to Information “ The Right of the people to information on matters of public concern shall be recognized. Access to official records, and documents and papers, pertaining to official acts, transactions, or decisions, as well as to government research of data used as basis for policy development, Shall be afforded citizen, subject to such limitations as may be provided by law.” (Art. III, Sec. 7) Subject to reasonable conditions prescribed by law, the state adopts and implements a policy of full public disclosures of all its transactions involving public interest. (Art. II, Sec. 28)
C. Right Right to peaceful peaceful assembly assembly for the redre redress ss of grievances a bridging the “ No law shall be passed abridging freedom of speech, of expression, or of the
freedom of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”(Art. III, Sec. 4) D. Freedo Freedom m of Associat Association ion “The state shall respect the role of the independent people’s organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means.’ (Art. XIII, Sec. 15) E. Right Right to Particip Participate ate in Govern Government ment Affairs Affairs and and Equal Access to Public Services Initiative and referendum as provided for under the Philippine Constitution Election Creation of social Welfare entities and agencies (SSS, GSIS, PhilHealth etc.) F. Righ Rightt to to Suf Suffr frag age e “Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property or other substantive subs tantive requirements shall be imposed on the exercised of suffrage.” (Art. V. Sec.1, 1987 Philippine Constitution)