Civil and Political Rights

CIVIL AND POLITICAL
RIGHTS AS APPLIED
IN THE PHILIPPINES
“The ideal of free human beings enjoying civil and
political freedom and freedom from fear and want can
only be achieved if conditions are created whereby
everyone has may enjoy civil and political rights as well
as his economic social and cultural rights.”
Lloyd Q. Butac
Liezl D. Bernaldez
Human Rights Law/LLB 2

Definition and Nature of Civil and
Political Rights
• Civil and political rights are the rights which the law will enforce at
the instance of individuals without discrimination for the enjoyment
of their lives, liberty and means of happiness.
• Civil Rights – are those rights which the law will enforce at the
instance of private individuals for the purpose of securing to them the
enjoyment of their happiness.
• Political Rights – are those rights which enables us to participate in
running the affairs of the government either directly or indirectly.

Universal Declaration
of Human Rights
International
Covenant on Civil
and Political Rights
Bill of Rights
(Philippine Constitution)
Statutory Legislation

Right to Self-Determination
“The right of self determination includes the right to
freely determine their political status and pursue
their economic, social and cultural development”
(Article 1, Section 1)
“The state shall pursue an independent foreign
policy. In its relations with other states the
paramount consideration shall be national
sovereignty, territorial integrity, national interest,
and the right to self-determination” (Article 2,
Section 7)

Right to Life, Liberty and Security
“Everyone has the right to
life, liberty and security of
person” (Article 3)
Universal Declaration of Human Rights

“Everyone has the right to liberty and security of
person. No one shall be subjected to arbitrary arrest
or detention. No one shall be deprived of his liberty
except on such grounds and in accordance with such
procedure as are established by law”(Article 9,
Section 1)
“No person shall be deprived of life, liberty, or
property without due process of law, nor shall any
person be denied the equal protection of the laws”
(Article 3, Section 1)

Death Penalty
• RA 7659 – An act to impose the death penalty on certain
heinous crimes, amending for that purpose the revised
penal laws, as amended, other special penal laws, and for
other purposes
The Philippine Senate refused to ratify the aforesaid protocol.
Implementing said statute is:
• RA 8177 - An act designating death by lethal injection as the
method of carrying out capital punishment, amending for
the purpose Article 81 of the revised penal code, as
amended by section 24 of Republic Act No. 7659

Admonition on Death Penalty
• In his Encyclical, Evangelium Vitae (Gospel of
Life), issued on March 25, 1995, Pope John
Paul II admonished that modern society now
has all the means of effectively suppressing
all crimes by rendering criminals harmless
without definitely denying them the chance
to reform.
“God who preferred the correction rather than
death of a sinner, did not desire that a
homicide be punished by the execution of
another act of homicide” –St. Ambrose

Euthanasia (Mercy Killing)
• Means the decision of a person who is
terminally ill with little hope of recovering
may give his consent to a physician to
terminate his life support or medicine.

Abortion
• Whether intentional or unintentional expulsion of
the fetus from the woman’s womb before the term
of its viability is another violation of the right to life.
“The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic
autonomous social institution. It shall equally
protect the life of the mother and the life of the
unborn from conception. The natural and primary
right and duty of parents in the rearing of the youth
for civic efficiency and the development of moral
character shall receive the support of the
Government” (Article 2, Section 12) Philippine
Constitution

Prohibition of Slavery and Involuntary
Servitude
Involuntary Servitude – Forced Labor
“No involuntary servitude in any form shall exist
except as a punishment for a crime whereof the
party shall have been duly convicted” Section 18
Par. 2, Article 3
• Slavery – is defined in these conventions as
the status or conventions as the status or
condition of a person over whom any or all
of the powers attaching to the right of
ownership are exercised.

Torture, Cruel, Inhuman or Degrading
Treatment and Punishment
“No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment.
In particular, no one shall be subjected without
his free consent to medical or scientific
experimentation” (Article 7) Political Covenant
“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” (Section 12
Par. 2, Article 3)

Equality Before the Law
“All persons are equal before the law and are entitled
without any discrimination to the equal protection of
the law. In this respect, the law shall prohibit any
discrimination and guarantee to all persons equal and
effective protection against discrimination on any
ground such as race, colour, sex, language, religion,
political or other opinion, national or social origin,
property, birth or other status” (Article 26) Political
Covenant
“No person shall be deprived of life, liberty, or
property without due process of law, nor shall any
person be denied the equal protection of the laws”
(Article 3, Section 1) Philippine Constitution

Arbitrary Arrest and Detention
“Everyone has the right to liberty and security of person. No one shall be
subjected to arbitrary arrest or detention. No one shall be deprived of his liberty
except on such grounds and in accordance with such procedure as are
established by law” (Article 9) Political Covenant
Punishable under Articles 124 ad 125 of the Revised Penal Code.
“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 shall be inviolable, and no search warrant or warrant of arrest
shall issue except upon probable cause to be determined personally by the
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” (Article 3, Section 1) Philippine
Constitution

Warrantless Arrests
Section 5. Arrest without warrant; when lawful. — A peace
officer or a private person may, without a warrant, arrest a
person:
(a) When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to commit
an offense;
(b) 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; and
(c) When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his case
is pending, or has escaped while being transferred from one

Military or Police Checkpoints
• The Supreme Court justified the “stop and frisk” rule to conduct
searches on people as a valid police measure only during abnormal
time or during an emergency. (Valmonte vs De Villa)

Rights of the Arrested or Detained
Person“ Any person by police or military authorities should
be informed, at the time of arrest, of the reasons of
his arrest. He should be brought promptly before a
judge or other officer authorized by law to exercise
judicial power.
He shall be entitled to appropriate proceedings
before a court, in order that the court may decide
without delay on the lawfulness of his detention,
and order his release if the detention is not lawful.
A victim of unlawful arrest or detention shall have
an enforceable right to compensation” (Article 9)
Political Covenant

Section 12, Article 3 (Philippine Constitution)
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.
2.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.
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 well as compensation to the rehabilitation of victims of torture or similar
practices, and their families

Right to Fair and Public Trial
Article 14, Political Covenant
“1. All persons shall be equal before the courts and
tribunals. In the determination of any criminal
charge against him, or of his rights and obligations in
a suit at law, everyone shall be entitled to a fair and
public hearing by a competent, independent and
impartial tribunal established by law. XXX”

Article 14 (Political Covenant)
3. In the determination of any criminal charge against him, everyone shall be entitled to
the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail in a language which he understands of the nature and cause
of the charge against him;
(b) To have adequate time and facilities for the preparation of his defence and to communicate with
counsel of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own
choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance
assigned to him, in any case where the interests of justice so require, and without payment by him in
any such case if he does not have sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses against him;
(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in
court;
(g) Not to be compelled to testify against himself or to confess guilt.

Section 14 (2), Article 3 (Philippine Constitution)
“In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and 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 unjustifiable”

Right to Confrontation
• The right of the accused to meet the
witnesses face to face is intended to give the
accused the opportunity to cross examine
them.

Self-Incrimination
“No person shall be compelled to
be a witness against himself”
(Section 17, Article 3) Philippine
Constitution

Presumption of Innocence
“Everyone charged with a criminal offence shall
have the right to be presumed innocent until
proved guilty according to law” Article 1, Section
2 (Political Covenant)
“In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved,
XXX” Article 3 Section 4 (2) (Philippine
Constitution

Right to Bail
“Bail is the security given for the release of a person in custody of
the law, furnished by him or a bondsman, to guarantee his
appearance before any court as required under the conditions
hereinafter specified. Bail may be given in the form of corporate
surety, property bond, cash deposit, or recognizance” Rule 114,
Section 1 (Rules of Court)
“All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, 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” Section
13, Article 3 (Philippine Constitution)

Right to Appeal One’s Conviction of a
Crime
“Everyone convicted of a crime shall have the right to his conviction and
sentence being reviewed by a higher tribunal according to law” Article
14, Section 5 (Political Covenant)

Double Jeopardy
“No one shall be liable to be tried or punished
again for an offence for which he has already been
finally convicted or acquitted in accordance with
the law and penal procedure of each country”
Article 14, Section 7 (Political Covenant)
“No person shall be twice put in jeopardy 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” Article 3
Section 21 (Philippine Constitution)

Right to Compensation Due to Miscarriage
of Justice
“When a person has by a final decision been
convicted of a criminal offence and when
subsequently his conviction has been reversed or
he has been pardoned on the ground that a new
or newly discovered fact shows conclusively that
there has been a miscarriage of justice, the
person who has suffered punishment as a result
of such conviction shall be compensated
according to law, unless it is proved that the non-
disclosure of the unknown fact in time is wholly or
partly attributable to him” Article 14, Section 6
(Political Covenant)

Special Procedure for Juveniles
“In the case of juvenile persons, the procedure shall
be such as will take account of their age and the
desirability of promoting their rehabilitation” Article
14, Section 4 (Political Covenant)
“Every child deprived of his liberty shall have the right
to prompt access to legal and other appropriate
assistance” Article 37 (d) Convention on the rights of
the Child

Prohibition against Ex Post Facto Law
“No one shall be held guilty of any criminal offence on account
of any act or omission which did not constitute a criminal
offence, under national or international law, at the time when
it was committed. Nor shall a heavier penalty be imposed
than the one that was applicable at the time when the
criminal offence was committed. If, subsequent to the
commission of the offence, provision is made by law for the
imposition of the lighter penalty, the offender shall benefit
thereby” Article 15, Section 1 (Political Covenant)
“No ex post facto law or bill of attainder shall be enacted”
Article 3 Section 22 (Philippine Constitution)

Right to Privacy
“No one shall be subjected to arbitrary or unlawful
interference with his privacy, family, home or
correspondence, nor to unlawful attacks on his honour and
reputation” Article 15, Section 1 (Political Covenant)
Section 3, Article 3 (Philippine Constitution)
1. The privacy of communication and correspondence shall
be inviolable except upon lawful order of the court, or
when public safety or order requires otherwise, as
prescribed by law.
2. Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose in
any proceeding.

Freedom of Movement and Choice of
Domicile
Article 12 (Political Covenant)
1. Everyone lawfully within the territory of a State shall, within that
territory, have the right to liberty of movement and freedom to choose
his residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions
except those which are provided by law, are necessary to protect
national security, public order, public health or morals or the rights and
freedoms of others, and are consistent with the other rights recognized
in the present Covenant.

“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.
Neither shall the right to travel be impaired except in
the interest of national security, public safety, or
public health, as may be provided by law” Section 6,
Article 3 (Philippine Constitution)

Asylum
• Means the granting of sanctuary by State to persons
politically persecuted in his own country.
Article 14, Universal Declaration of Human Rights
(1) Everyone has the right to seek and to enjoy in other
countries asylum from persecution.
(2) This right may not be invoked in the case of
prosecutions genuinely arising from non-political crimes or
from acts contrary to the purposes and principles of the
United Nations

Right to Nationality
Article 15, Universal Declaration of Human Rights
(1)Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his
nationality nor denied the right to change his
nationality.
“Every child shall have, without any discrimination
as to race, colour, sex, language, religion, national
or social origin, property or birth, the right to such
measures of protection as are required by his status
as a minor, on the part of his family, society and the
State” Article 24 Section 1 (Political Covenant)

Right to Marry and Found a Family
“The right of men and women of marriageable age to
marry and to found a family shall be recognized” Article 23
Section 2 (Political Covenant)
“The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous
social institution. It shall equally protect the life of the
mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing
of the youth for civic efficiency and the development of
moral character shall receive the support of the
Government” Section 12, Article 2 (Philippine Constitution)

Right to Own Property
Article 17, Universal Declaration of Human
Rights
(1) Everyone has the right to own property alone
as well as in association with others.
(2) No one shall be arbitrarily deprived of his
property.

Freedom of Thought, Conscience and
Religion
“Everyone shall have the right to freedom of thought,
conscience and religion. This right shall include freedom to
have or to adopt a religion or belief of his choice, and
freedom, either individually or in community with others and
in public or private, to manifest his religion or belief in
worship, observance, practice and teaching” Article 18
Section 1 (Political Covenant)
“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 discrimination or preference, shall forever be
allowed. No religious test shall be required for the exercise
of civil or political rights” Section 5, Article 3 (Philippine
Constitution)

“The separation of Church and State shall be inviolable” Section 6,
Article 2 (Philippine Constitution)
“At the option expressed in writing by the parents or guardians,
religion shall be allowed to be taught to their children or wards in
public elementary and high schools within the regular class hours by
instructors designated or approved by the religious authorities of the
religion to which the children or wards belong, without additional cost
to the Government” Section 3 (3), Article 14 (Philippine Constitution)

Political and Related Rights
Political Rights are the rights to participate directly or indirectly in the
establishment or administration of Government. They are rights to
enable people to participate in running the affairs of the government,
directly or indirectly.

Freedom of Opinion and Expression
“Everyone shall have the right to hold opinions without interference”
Article 19 Section 1 (Political Covenant)
“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 of grievances” Section 4, Article 3
(Philippine Constitution)

Right of Access to Information
“Everyone has the right to freedom of opinion and expression;
this right includes freedom to hold opinions without interference
and to seek, receive and impart information and ideas through
any media and regardless of frontiers” Article 19, Universal
Declaration of Human Rights
“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 the citizen,
subject to such limitations as may be provided by law” Section
4, Article 3 (Philippine Constitution)

Right to Peaceful Assembly for the Redress
of GrievancesPeaceful Assembly means the right of citizens to meet
peacefully for consultation in respect to public issues
and to petition the government for redress of
grievance Article 3, Section 4 (Philippine Constitution)
“The right of peaceful assembly shall be recognized.
No restrictions may be placed on the exercise of this
right other than those imposed in conformity with the
law and which are necessary in a democratic society
in the interests of national security or public safety,
public order, the protection of public health or morals
or the protection of the rights and freedoms of
others” Article 21 (Political Covenant)

Freedom of Association
“Everyone shall have the right to freedom of association with others, including
the right to form and join trade unions for the protection of his interests”
Article 22, Section 1 (Political Covenant)
“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” Article 3, Section 8 (Philippine Constitution)
“The State shall respect the role of 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” Article 13, Section 15 (Philippine Constitution)

Right to Participate in Government Affairs
and Equal Access to Public Services
Article 25, Political Covenant
Every citizen shall have the right and the opportunity, without any of the
distinctions mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen
representatives;
(b) To vote and to be elected at genuine periodic elections which shall be by
universal and equal suffrage and shall be held by secret ballot, guaranteeing the
free expression of the will of the electors;
(c) To have access, on general terms of equality, to public service in his country.

Right to Suffrage
“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 have 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
requirement shall be imposed on the exercise of suffrage”
Article 5, Section 1 (Philippine Constitution)

Civil and Political Rights

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