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Meaning and Objective of a Preamble

The term preamble is derived from the Latin preambulare which means to "to walk before". It is an introduction to the main subject. It is the prologue of the Constitution. A preamble is not a necessary part of a Constitution, but it is always advisable to have one. Majority of the constitutions of the world contain a preamble. The objective of a preamble is to set down origin and purposes of the Constitution and to serve as an aid in its interpretation.

Methods of Constitutional Amendments or Revisions


The Constitution of the Philippines may be amended or revised through: 1. Constituent assembly - The Congress shall constitute itself into a constituent assembly and upon a vote three-fourths may amend or revise the constitution. 2. Constitutional Convention - The Congress, by a vote of two-thirds of all its members, shall call a constitutional convention or, by a majority vote of all its members, shall submit to to the electorate the question of calling such a convention. 3. Initiative - the people, through initiative upon petition of the required number of registered voters, shall directly propose the amendment. In all cases, the amendment or revision shall only becomes valid upon ratification by the majority of the voters in a plebiscite called for that purpose.
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Classification and Forms of Constitution


1. According to Origin: Conventional or Enacted - one which is enacted by a constituent assemble or granted by a ruler to his subjects.

Cumulative or evolved - one which is a product of growth or a long period of development origination in customs, traditions, judicial decisions, and others, rather than from a deliberate and formal enactment 2. According to form: Written - one which has been given definite written form at a particular time. Unwritten - one which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions, and statutory enactments. 3. According to difficulty of amendment or revision: Rigid or inelastic - one which cannot be amended or altered except by some special machinery more cunbrous than the ordinary legislative process. Flexible or elastic - one which may be altered in the same way as other laws.
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The Constitution
In its broader sense, constitution is that body of of rules and principles in accordance with which the powers of sovereignty are regularly exercised. With particular reference to the Constitution of the Philippines, constitution is that written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people.
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Inherent Powers of the Government


Power of Eminent Domain - Eminent domain is the right or power of a sovereign state to appropriate private property to particular uses to promote public welfare. It is an indispensable attribute of sovereignty; a power grounded in the primary duty of government to serve the common need and advance the general welfare.

Police Power is the power of the government to regulate behaviors and enforce order within its territory, often framed in terms of public welfare, security, health, and safety. The exercise of police power can be in the form of making laws, compelling obedience to those laws through physical means with the aim of removing liberty, legal sanctions, or other forms of coercion and inducements. Power of Taxation the power to impose and collect taxes and charges on individuals, goods, services, and other to support the operation of the government. Funds provided by taxation have been used by states and their functional equivalents throughout history to carry out many functions. Some of these include expenditures on war, the enforcement of law and public order, protection of property, economic infrastructure (roads, legal tender, enforcement of contracts, etc.), public works, social engineering, and the operation of government itself. Governments also use taxes to fund welfare and public services. These services can include education systems, health care systems, pensions for the elderly, unemployment benefits, and public transportation. Energy, water and waste management systems are also common public utilities.
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Functions of Government
Constituent functions the usual function of the government (1) The keeping of order and providing for the protection of persons and property from violence and robbery. (2) The fixing of the legal relations between man and wife and between parents and children. (3) The regulation of the holding, transmission, and interchange of property, and the determination of its liabilities for debt or for crime. 4) The determination of contract rights between individuals.

(5) The definition and punishment of crime. (6) The administration of justice in civil causes. (7) The determination of the political duties, privileges, and relations of citizens. (8) Dealings of the state with foreign powers: the preservation of the state from external danger or encroachment and the advancement of its international interests. Ministrant functions - other functions which are undertaken, not by way of governing, but by way of advancing the general interests of society, - functions which are optional, being necessary only according to standards of convenience or expediency, and not according to standards of existence (1) The regulation of trade and industry. Under this head I would include the coinage of money and the establishment of standard weights and measures, laws against forestalling and engrossing, the licensing of trades, etc., as well as the great matters of tariffs, navigation laws, and the like. (2) The regulation of labor. (3) The maintenance of thoroughfares, - including state management of railways and that great group of undertakings which we embrace within the comprehensive term 'Internal Improvements.' (4) The maintenance of postal and telegraph systems. (5) The manufacture and distribution of gas, the maintenance of waterworks, etc. (6) Sanitation, including the regulation of trades for sanitary purposes.

(7) Education. (8) Care of the poor and incapable. (9) Care and cultivation of forests and like matters, such as the stocking of rivers with fish.
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Forms of Government
1. According to the number of people exercising political power: Monarchy, Oligarchy, Democracy a. Monarchy - ruled by a monarch (king,queen, emperor, etc.) Absolute monarchy - the monarch has absolute poewer Limited or constitutional monarchy - the monarch is the symbolic head of state within the perimeters of a constitution. b. Oligarchy - political power is exercised by a few who belongs to a privileged class. c. Democracy - political power is exercised by the majority of the people Direct democracy - the will of the estate is formulated or expressed directly or immediately through the people in a mass meeting or assmbly. Indirect democracy - the will of the estate is formulated or expressed through a select body of persons chosen by the people to act as their representative. 2. According to legitimacy: De facto and De jure A de facto government is a government wherein all the attributes of sovereignty have, by usurpation, been transferred from those who had been legally invested with them to others,

who, sustained by a power above the forms of law, claim to act and do really act in their stead. De jure government is a government which rules legally and with the consent of the people, in contrast with a de facto government, which takes control of a country by force. 3. According to the relationship between the three branches of government: Presidential and Parliamentary A presidential system is a system of government where an executive branch exists and presides (hence the name) separately from the legislature, to which it is not accountable and which cannot, in normal circumstances, dismiss it. Features of Presidential System: The president does not propose bills. However, the president has the power to veto acts of the legislature. The president has a fixed term of office. Elections are held at scheduled times and cannot be triggered by a vote of confidence or other such parliamentary procedures. The executive branch is unipersonal. Members of the cabinet serve at the pleasure of the president and must carry out the policies of the executive and legislative branches. The power to pardon or commute sentences of convicted criminals is often in the hands of the heads of state in governments that separate their legislative and executive branches of government. A parliamentary system is a system of government wherein the ministers of the executive branch are drawn from the legislature, and are accountable to that body, such that the executive and legislative branches are intertwined. In such a system, the head of government is both de facto chief executive and chief legislator. Parliamentary systems are characterized by no clear-cut separation of powers between the executive and legislative branches, leading to a different set of checks and balances compared to those found in presidential systems. Parliamentary systems usually have a clear differentiation between the head of government and the head of state, with the head of

government being the prime minister or premier, and the head of state often being a figurehead, often either a president (elected either popularly or by the parliament) or a hereditary monarch (often in a constitutional monarchy). 4. According to the extent of power of the national government: Unitary and Federal A unitary state is a sovereign state governed as one single unit in which the central government is supreme and any administrative divisions (subnational units) exercise only powers that the central government chooses to delegate. A federal system of government is one that divides the powers of government between the national (federal) government and state and local governments. Under federalism, each level of government has sovereignty in some areas and shares powers in other areas. In a unitary state, subnational units are created and abolished and their powers may be broadened and narrowed, by the central government. Although political power in unitary states may be delegated through devolution to local government by statute, the central government remains supreme. In federal states, by contrast, states or other subnational units share sovereignty with the central government, and the states comprising the federation have an existence and power functions that cannot be unilaterally changed by the central government.
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State vs. Government


The government is only the agency through which the state expresses its will. As an essential element of the state, a state cannot exist without a government, but it is possible to have a government without a state. A government may change, its form may change, but the state, as long as its essential elements are present, remains the same.
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State vs. Nation

State is a political concept, while nation is an ethnic concept. A nation is a group of people bound together by a common social origin, language, customs, and traditions, and who believe that they are one and distinct from others. A state is not subject to external control while a nation may or may not be independent. A single state may consist of one or several nations and a single nation may also be made up of several states.
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Elements of State
1. People - the population living in a state. 2. Territory - includes the land, the rivers, the sea, and the air space which the jurisdiction of the sate extends. 3. Government - the agency through which the will of the state is formulated, expressed and carried out. 4. Sovereignty or independence - the power to command and enforce obedience free from foreign control.
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Origin of State
There are several theories on the origin of state, but it is not known exactly which is of them is the correct one. 1. Divine right theory - state is of divine creation and the ruler is ordained by God to govern the people. 2. Necessity or force theory - state is created through force, by strong warriors who imposed their will upon the weak. 3. Paternalistic theory - state comes from the expansion of family, under the authority of the

father. Family grew into a clan, then developed into tribe which broadened into a nation, and a nation became a state. 4. Social contract theory - states have been formed by deliberate and voluntary compact among the people to form a society and organize government for their common good.
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The State
A state is a community of persons, more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great of inhabitants render obeience, and enjoying freedom from external control.
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Tools of Politics: Power and Authority


Power - refers broadly to any ability to effect change or exert control over either things or people, subjects or objects. Authority - refers to a claim of legitimacy, the justification and right to exercise that power. In government, authority is often used interchangeably with the term "power". However, their meanings differ: while "power" is defined as "the ability to influence somebody to do something that he could not have done", "authority" refers to a claim of legitimacy, the justification and right to exercise that power. For example, whilst a mob has the power to punish a criminal, for example by lynching, people who believe in the rule of law consider that only a court of law has the authority to order capital punishment.
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Social Science and Political Science


Social sciences are the fields of scientific knowledge and academic scholarship that study social groups and, more generally, human society. As such, of one of the branches of social science is political science which is the systematic study of state and government. The word "political" comes from the Greek word "polis", meaning a city, or what today would be the equivalent of sovereign state. The word science is from the Latin word "scire", "to know".

Political science is a very comprehensive field. Its curriculum is almost certain to include courses in political theory, public law, and public administration as well as in various more specialized subjects such as local government, political parties, elections, public opinions, and others.
MONDAY, NOVEMBER 23, 2009

The Inviolability of the Separation of Church and State (Sec. 6, Art. II)
This simply means that the Church is not to interfere in purely political matters or temporal aspect of mans life, and the State will not interfere in matters purely of religion and morals. * The term Church covers all faiths. * The State shall have no official religion * The State cannot set up a church, whether or not supported with public funds, nor aid any religion.
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Maintenance of Peace and Order, etc. (Sec. 5, Art. II)


Only when peace and order, security, and life of dignity are established and maintained, will political stability and economic prosperity become attainable and the people truly enjoy the blessings of independence and democracy.
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Defense of the State by the People Against Foreign Aggression (Sec. 4, Art. II)
For self-preservation and to defend its territorial honor and integrity, the Philippines can engage in a defensive war and as such it may call upon the people to defend the state and may require all citizens to render personal military or civil service.
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To Serve and Protect the People as the Prime Duty of the Government (Sec. 4, Art. II)

The prime duty of the state to serve and protect the people is consistent with the basic democratic principle that government exists for the people and not the people for the government.
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Supremacy of Civilian Authority Over Military Authority (Sec. 3, Art. II)


This is inherent in a republican state like the Philippines and it was impliedly provided in our past constitutions. Because of our experience in martial law rule, however, the framers of our 1987 Constitution deemed it proper to make a clear expression of this policy.
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Adherence to the Policy of Peace, Equality, Justice, Freedom, Cooperation and Amity with All Nations (Sec. 2, Art. II)
This shows that the Philippines seeks only peace and friendship with all the countries of the world, regardless of race, creed, ideology and political system, in line with the Charter of the United Nations. The Philippines, however, is not duty bound to extend diplomatic recognition to all nations.
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Adoption of international Law as Part of the Law of the Land (Sec. 2, Art. II)
International Law is the body of rules and principles which governs the relations of nations and their respective people in their intercourse with one another. The Philippines obliged itself to enforce or observe within its territory, the generally accepted principles of international law, whether customary or by treaty provision, as part of the law of the land. However, should a conflict arise between the customary or treaty provision of the international law and our Constitution, the latter prevails.
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Renunciation of War as an Instrument of National Policy (Sec. 2, Art. II)


The declaration refers only to the renunciation of aggressive war, not war in defense of our national integrity and honor because the right of self-preservation cannot be waived by any state.
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Means through which Filipinos Exercise Sovereignty (Sec. 1, Art. II)


1. Directly through suffrage actual sovereignty is exercised by the people through the electoral process. 2. Indirectly through public officials sovereignty is exercised by duly elected and appointed public officials who, as public servants, are accountable to the people.
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Manifestations of a Democratic and Republican State (Sec. 1, Art. II)


1. The existence of a bill of rights; 2. The observance of the rule of majority; 3. The observance of the principle that ours is a government of laws, and not of men; 4. The presence of elections through popular will; 5. The observance of the principle of separation of powers and the system of checks and balances; 6. The observance of the principle that the legislature cannot pass irrepealable laws; 7. The observance of the law on public officers; and 8. The observance of the principle that the State cannot be sued without its consent.

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Democratic and Republican State (Sec. 1, Art. II)


Republican government is a democratic government by representatives chosen by the people at large. The word democratic was added because our government also has some features of a direct democracy such as initiative, referendum, and recall.
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SUNDAY, NOVEMBER 1, 2009

The Archipelagic Principle of Territory


An archipelago, like the Philippines, shall be regarded as a single unit, so that the waters around, between, and connecting its islands, irrespective of their breadth and dimensions, form part of the internal waters of the state, and therefore subject to its exclusive sovereignty. The Archipelagic Principle of Territory is an exception to the 12-mile rule which provides that the territorial sea of a state extends to 12 nautical miles from the low-watermark.
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National Territory of the Philippines


1. The Philippine archipelago with all the islands and waters embraced therein; 2. All the territories over which the Philippines has sovereignty or jurisdiction; 3. the terrestrial, fluvial, areail domains including the territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas thereof; and 4. the internal waters. Archipelago is a group of islands and the sea around that islands which geographically be considered as an independent whole.

The term "all the territories over which the Philippines has sovereignty or jurisdiction" is a cover-all for pending Philippine claim to Sabah, the Spratley islands, and the Marianas islands. The same merely provided for the possibility that said territories might eventually become a part of the Philippines and not settle the question of whether they belong to the Phulippines by historic right or legal title. The territorial sea is that part of the sea extending 12 nautical miles (19 km.) from the lowwatermark. The seabed refers to the land that holds the sea, lying beyondthe seashore, including mineral and natural resources. The subsoil is everything beneath the surface soil and the seabed, including mineral and natural resources. The insular shelves are the submerged portions of a continent or offshore island, which slope gently seaward from the low waterline to a point where a substantial break in grade occurs, at which point of the bottom slopes seaward at a considerable increase in slope until the great ocean depths are reached. Other submarine areas refer to all areas under the territorial sea.
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Necessity of the Provision on National Territory


1. Binding force of such provision under international law - a State under international law has the unquestioned right to assert jurisdiction throughout the extent of its territory. The delimitation of one's territory, however, is none binding upon other states who are not precluded from claiming title to territories which they think is theirs. In any case, territorial disputes have to be settled according to the rules of international law. 2. Value of provision defining our national territory - the provision is important in order to make known to the world the areas over which we assert title or ownership to avoid future conflicts with other states. 3. Acquisition of other territories - the definition of our national territory on our Constitution does not prevent us from acquiring other territories in the future through any of the means sanctioned by international law.
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National Territory
NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. (Section 1, Art. I)
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National Purposes and Aims in Adopting the Philippine Contitution as Set Forth in the Preamble
1. To build a just and humane society; and 2. To establish a Government that shall: a.) embody our ideals; b.) promote the common good; c.) conserve and develop our patrimony; and d.) secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace.
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Meaning and Objective of a Preamble


The term preamble is derived from the Latin preambulare which means to "to walk before". It is an introduction to the main subject. It is the prologue of the Constitution. A preamble is not a necessary part of a Constitution, but it is always advisable to have one. Majority of the constitutions of the world contain a preamble. The objective of a preamble is to set down origin and purposes of the Constitution and to serve as an aid in its interpretation.
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The Preamble
PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a

just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
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Limitations on the Right to Privacy of Communication and Correspondence (Sec. 3, Art. III)
The right to privacy of communication and correspondence is not violated when the interference is made: 1. Upon lawful order of the court; or 2. When public safety or order requires otherwise as prescribed by law.
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Right to Privacy of Communication and Correspondence (Sec. 3, Art. III)


The right to privacy is concisely defined as the right to be left alone. The right to privacy of communication and correspondence allows persons to correspond and communicate with each other without the State having a right to pry into such correspondence and communication. Any evidence obtained in violation of the above-mentioned right is inadmissible for any purpose in any proceedings.
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When Arrest May Be Made Without Warrant (Sec. 2, Art. III)


A peace officer or private person may, without a warrant, arrest a person: 1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

2. When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it; and 3. 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 temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
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When Search and Seizure May Be Made Without Warrant (Sec. 2, Art. III)
1. When there is consent or waiver; 2. When search is an incident to a lawful arrest; 3. In the case of a contraband or forfeited goods being transported by ship, automobile, or other vehicle, where the officer making it has reasonable cause for believing that the latter contains them, in view of the difficulty attendant to securing a search warrant; 4. Where, without a search, the possession of articles prohibited by is disclosed to plain view or is open to eye and hand; 5. As an incident of inspection, supervision, and regulation in the exercise of police power; 6. Routinary searches usually made at the border or at ports of entry in the interest of national security and for the proper enforcement of customs and immigration laws.
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Requisites for Valid Search Warrant and Warrant of Arrest (Sec. 2. Art. III)
1. It must be issued upon probable cause; 2. The probable cause must be determined personally by the judge himself;

3. The determination of the existence of probable cause must be made after examination by the judge of the complainant and the witnesses he may produce; and 4. The warrant must particularly describe the place to be searched, and the persons or things to be seized.
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Search Warrant and Warrant of Arrest (Sec. 2, Art. III)


A search warrant is an order in writing, issued in the name of the Republic of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for a certain property and bring it before the court. If the command is to arrest a person designated, the written order is called warrant of arrest.
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Right Against Unreasonable Searches and Seizures (Sec. 2, Art. III)


In general, all illegal searches and seizures are unreasonable while lawful ones are reasonable. But what constitute a reasonable or unreasonable search or seizure is a purely judicial question of which only the courts can rule upon.
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Right to Equal Protection of the Laws (Sec. 1, Art. III)


Equal Protection of the laws signifies that all persons subject to legislation should be treated alike, under like circumstances and conditions, both in the privileges conferred and liabilities imposed. The guarantee does not require that persons or things different in fact be treated in law as though they were the same. What it prohibits is class legislation which discriminates against some and favors others when both are similarly situated or circumstanced. Where there are reasonable grounds for so doing, persons or their properties may be grouped into classes to each of which special legal rights o liabilities may be attached.
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Persons Protected Under Sec. 1, Art. III)


The term persons in Sec. 1, Art. III embraces all persons within the territorial jurisdiction of the Philippines, without regard to any difference of race, color, or nationality, including aliens. Private corporations are also persons within the scope of Sec. 1, Art. III insofar as their property is concerned.
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Aspects of Due Process of Law (Sec. 1, Art. III)


1. Procedural due process refers to the method or manner by which the law is enforced. The indispensable requisites of this aspect of due process are the requirements of notice and hearing. 2. Substantive due process requires that the law itself is fair, reasonable and just. In other words, no person should be deprived of his life, liberty, or property for arbitrary reasons or on flimsy grounds.
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Meaning of Due Process of Law (Sec. 1, Art. III)


There is no exact definition of due process of law because the same is applicable under so many diverse conditions as to make any attempt at precise definition impossible. For our purpose, however, we can safely say that any deprivation of life, liberty, or property by the State is with due process if it is done (1) under the authority of a law that is valid, or of the Constitution itself, and (2) after compliance with fair and reasonable methods of procedure prescribed by law.
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WEDNESDAY, DECEMBER 2, 2009

Classification of Constitutional Rights (Art. III)


1. Political rights those rights of the citizens which give them the power to participate, directly or indirectly, in the establishment or administration of the government.

2. Civil rights those rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of livelihood. 3. Social and economic rights those rights which are intended to insure the well-being and economic security of the individual 4. Rights of the accused those rights intended for the protection of a person who is accused of any crime.
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Classes of Rights (Art. III)


1. Natural rights rights which are possessed by every citizen without being granted by the State for they are given to man by God as a human being so that he may live a happy life. 2. Constitutional rights rights which are conferred and protected by the Constitution. 3. Statutory rights rights which are provided by laws promulgated by the law-making body and may be abolished by the same body.
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Bill of Rights (Art. III)


A bill of rights is a declaration and enumeration of a persons rights and privileges which the Constitution is designed to protect against violations by the government or by an individual or groups of individuals. It is a charter of liberties for the individual and a limitation upon the power of the State.
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Disqualified Voters (Art. V)


1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or granted amnesty. But such person shall automatically reacquire the right to vote upon expiration of five years after service of sentence. 2. Any person who has been adjudged by final judgment by competent court of having

committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of anti-subversion and firearms law, or any crime against national security, unless restored to his full civil and political rights in accordance with law. Such person shall likewise automatically regain his right to vote upon expiration of five years after service of sentence. 3. Insane or incompetent persons as declared by competent courts.
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Qualifications of Filipino Voters (Art. V)


1. a citizen of the Philippines; 2. not otherwise disqualified by law; 3. at least eighteen years of age; and 4. Have resided in the Philippines for at least one (1) year and in the place he proposes to vote for at least six months preceding the election.
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Forms of Suffrage (Art. V)


1. Election the means by which the people choose their officials for definite and fixed period and to whom they entrust the exercise of powers of government. 2. Plebiscite It refers to a 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 a law or part thereof passed by legislative body to the voting citizens of a country for ratification or rejection. 4. Initiative the process whereby the people directly propose and enact laws or amendments to the Constitution.

5. Recall It is a 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.
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Suffrage (Art. V)
Suffrage is the right and obligation to vote of qualified citizens in the election of certain national and local government and in the decision of public questions submitted to the people.
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Kinds of Philippine Citizenship (Art. IV)


1. Natural Born those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. 2. Naturalized those who are non-filipino citizens from birth but who later acquired Filipino citizenship through a judgment of the court, an act of congress, or an administrative proceedings.
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Who are citizens of the Philippines (Art. IV)


1. Those who are citizens of the Philippines at the time of the adoption of the 1986 Constitution; 2. Those whose fathers or mothers are citizens are citizens of the Philippines; 3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and 4. Those who are naturalized in accordance with law.
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Methods of Acquiring Citizenship (Art. IV)


1. Involuntary Method acquired because of blood relationship or place of birth.

a. Jus sanguinis principle Blood relationship is the basis for the acquisition of citizenship. b. Jus soli principle Place of birth serves as the basis for the acquisition of citizenship. 2. Voluntary Method acquired through naturalization, which is an act of formally adopting an alien into a political body and vesting him rights and privileges of citizenship.
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Citizenship (Art. IV)


Citizenship is a term denoting membership of a person in a political society, which membership implies, reciprocally, a duty of allegiance o the part of the member and duty of protection on the part of the political society. Citizen is a person having the title of citizenship.
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SUNDAY, JANUARY 17, 2010

Right Against Ex Post Facto Law and Bill of Attainder (Sec. 22, Art. III)
An ex post facto law is a law which operates retroactively and makes an act done before its passage, innocent when done, criminal, or makes the crime greater than when it was committed, or inflicts a greater punishment than what the law provided to the crime when it was committed, or alters the legal rules of evidence and receives less testimony than what the law required at the time of the commission of the offense in order to convict the offender. In general, criminal laws cannot be given retroactive effect. But if it is favorable to the accused, it should be should be given retroactive effect. A bill of attainder is a legislative act which inflicts punishment without a judicial trial.
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Right Against Double Jeopardy (Sec. 21, Art. III)

When a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without his express consent, he cannot again be charged for the same offense. An accused is placed in double jeopardy if the following conditions are present: 1. He has been previously brought to trial; 2. The trial court has jurisdiction over the case; 3. The complaint or information is valid; 4. The accused has been arraigned and entered a plea; 5. The accused has been convicted or acquitted or the case against him has been dismissed or otherwise terminated without his express consent; and 6. He is being charged again for the same offense.
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Right Against Infliction of the Death Penalty Except for Heinous Crimes (Sec. 19 (1), Art. III)
The Constitution allows only the imposition of death penalty on crimes considered as heinous. Congress is also allowed by the Constitution to pass a law prescribing the crimes which are heinous. On December 13, 1993, Republic Act 7659, which imposes death penalty on certain crimes which it deemed as heinous, was approved. But on June 23, 2006, Congress abolished the death penalty.
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Right Against Cruel, Degrading or Inhuman Punishment (Sec. 19 (1), Art. III)
Punishments are cruel or inhuman when they involve torture or lingering death such as burning alive, mutilation, starvation, drowning and other barbarous punishment.

Punishments are degrading when it brings humiliation and shame to the accused, and exposes him to ridicule or contempt, or lowers his dignity and self-respect as a human being.
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Right Against Excessive Fines (Sec. 19 (1), Art. III)


The amount of the fines that shall be imposed against an accused is within the sound discretion of the court. Usually, if it is within the limits of a statute, the fine cannot be held excessive. Courts can declare a fine prescribed by a statute as excessive if it is clearly so, considering the nature of the offense and the ability of the accused to pay the same.
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Right Against Detention by Reason of Political Beliefs and Aspirations (Sec. 18 (1), Art. III)
This right is included in the 1986 Constitution because during the Martial Law era thousands were detained because of their political beliefs and without charges being filed against them. They were called prisoners of conscience or political prisoners. The framers of the 1986 Constitution deemed it appropriate to include this right in order not to repeat the said incidents of the Martial Law period.
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Right Against Self-Incrimination (Sec. 17, Art. III)


No person shall be forced to give testimony on anything that may expose him to criminal liability. His refusal to testify on self-incriminating matters shall not be used as a presumption of guilt or taken as evidence against him. This right shall apply not only to the accused but also to a witness. It can be invoked in criminal, civil, administrative, and legislative proceedings. This right is purely personal and may be waived. It may not be invoked to protect the accused from public ridicule or from some liability not arising from any criminal action.

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Right to Have Compulsory Process to Secure the Attendance of Witnesses and the Production of Evidence In His Behalf (Sec. 14 (2), Art. III)
In the exercise of this right, an accused may ask the court to issue any of the following: 1. subpoena ad testificandum an order requiring a person to appear in court testify in a case. 2. subpoena duces tecum an order requiring a person to produce in court certain documents, articles, or other evidence. The court may also order the prosecution to allow the accused to inspect evidence material to the case which is under its custody.
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Right to Meet the Witnesses Face to Face (Sec. 14 (2), Art. III)
The reasons behind this right are to give an opportunity to the accused to cross-examine the witnesses against him to test the veracity of their testimony, and to give the judge an opportunity to see the demeanor and appearances of witnesses while testifying.
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Right to Have a Speedy, Impartial, and Public Trial (Sec. 14 (2), Art. III)
Speedy trial means a trial that can be had as soon as possible, after a person is indicted and within such time as the prosecution with reasonable diligence, could prepare for it. The trial should be free from vexatious, capricious, and oppressive delay. Impartiality of the trial implies an absence of actual bias on the part of the judge. The judge must act in a manner completely free from suspicion as to its fairness and as to his integrity. Public trial means that every person who wanted to may be inclined to watch shall in all cases be permitted to attend the trial.

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Right to be Informed of the Nature and Cause of the Accusation Against Him (Sec. 14 (2), Art. III)
It is necessary that the offense which a person is accused of should be made known to him. The criminal complaint or information should be sufficiently clear to a person of ordinary intelligence as to what the charge is in order to enable him to prepare his defense. In case of a violation of this right, the accused may challenged the validity and ask for the annulment of the proceedings before the proper court.
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Right to be Heard by Himself and Counsel (Sec. 14 (2), Art. III)


Even if the guilt of the accused is very apparent, a hearing is still indispensable. He cannot be punished upon doubtful assumption. Lack of hearing or notice of hearing violates procedural due process. Unless the accused is allowed to defend himself in person, or he has employed counsel of his choice, the court must assign a counsel de officio to defend him.
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Right to Presumption of Innocence (Sec. 14 (2), Art. III)


No person shall be convicted of a crime except upon his confession, or unless his guilt is established by proof beyond reasonable doubt which is more than just a preponderance of evidence sufficient to win in a civil case. The burden of proof in a criminal proceeding is upon the prosecution. Its evidence must be strong enough to overturn the presumption of innocence of the accused. In case, there is a reasonable doubt of his guilt, the accused is entitled to an acquittal.
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Right to Due Process of Law (Sec. 14 (1), Art. III)


This means that the accused must be:

1. tried before a competent court; 2. given a fair and impartial trial; and 3. allowed to use all legal means and opportunity to defend himself; and 4. the judgment against him must be within the authority of a valid law; Denial of due process is the failure to observe that fundamental fairness essential to very concept of justice.
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TUESDAY, JANUARY 12, 2010

Right to Bail and Against Excessive Bail (Sec. 13, Art III)
Bail is the security required by a court and given for the provisional or temporary release of a person who is in the custody of law conditioned upon his appearance before any court under the conditions specified. The right to bail is available to any person arrested, detained, or otherwise deprived of his liberty, whether or not an information or criminal complaint has been against him. However, persons charged with offenses punishable by reclusion perpetua when evidence of guilt against him is strong cannot avail of the right to bail. The determination of the reasonableness of the amount of the bail is within the discretionary power of the court. In fixing the bail, the court should take into consideration the nature of the offense, the penalty imposed by law for the offense, the probability of guilt, and the financial condition of the accused. As of now, there is no jurisprudence which clearly states the amount that should be considered as excessive bail.
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Right to Be Informed of the Right to Remain Silent and to Counsel (Sec. 12(a), Art. III)
An accused not only has the right to remain silent and to counsel when under investigation, but he also has the right to be informed of his right to remain silent and to counsel. The right to remain silent means that the accused could not be forced to answer any question during the investigation. The right to counsel means he should provided with counsel of his own choice during the investigation. If he cannot afford to pay his counsels services, he should be given free legal counsel. Any evidence obtained in violation of the above-mentioned rights shall be inadmissible in any proceeding. The right to be informed of his right to remain silent and to have counsel is available the moment an arrest or detention, with or without warrant, is made. The word under investigation includes custodial investigation or investigation where the proceeding is not a mere general inquiry into an alleged crime, but has begun to focus on a particular suspect taken into custody by the police who carry out a process of interrogation.
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Right to Free Access to the Courts and Adequate Legal Counsel (Sec. 11, Art. III)
Poverty should not be a reason for anyone in not going to courts or quasi-judicial bodies. For this reason, the Constitution guarantees everyone the free access to the courts and quasi-judicial bodies. A pauper litigant is exempt from the payment of filing fees and other court fees. They are also provided with free and adequate legal counsel through the Public Attorneys Office and IBP legal assistance programs.
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Rights of the Accused (Sec. 11 22, Art. III)


1. The right to free access to the courts and adequate legal assistance. 2. The right to be informed of his right to remain silent and to have counsel when under investigation for the commission of an offense. 3. The right against the use of torture, force, violence, threat, intimidation, or any other means which vitiates the free will. 4. The right against being held in secret, incommunicado, or similar forms of solitary detention; 5. The right to bail and against excessive bail. 6. The right to due process of law. 7. The right to presumption of innocence. 8. The right to be heard by himself and counsel. 9. The right to be informed of the nature and cause of the accusation against him. 10. The right to have speedy, impartial, and public trial. 11. The right to meet the witnesses face to face. 12. The right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. 13. The right against self-incrimination. 14. The right against detention by reason of political beliefs and aspirations.

15. The right against excessive fines. 16. The right against cruel, degrading or inhuman punishment. 17. The right against infliction of the death penalty except for heinous crimes. 18. The right against double jeopardy. 19. The right against ex post facto law and bill of attainder.
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Right to Health (Sec. 11 13, Art. XIII)


It is the mandatory duty of the State to protect and promote the right to health of every Filipino by making quality and adequate health care available and accessible to everybody, especially the poor and disadvantaged. In the fulfillment of this duty, the State shall: 1. Adopt an integrated and comprehensive approach to health development that will make essential goods, health services and other social services available to all the people at affordable cost, giving priority for the needs of the underprivileged sick, elderly, disabled, women and children. 2. Endeavor to provide free medical care to paupers or the poor. 3. Establish and maintain an effective food and drug regulatory system. 4. Undertake appropriate health manpower development and research responsive to the countrys health needs and problems. 5. Establish a special body for disabled persons for their rehabilitation, self-development and self-reliance and their integration to the mainstream of society.
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Principle of Shared Responsibility (Sec. 3, Art. XIII)

Both management and labor share a social responsibility in the promotion of industrial peace which redounds in the end to the benefit of all. The State is mandated to promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes, instead of strikes, lockouts and compulsory arbitration, in settling disputes.
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Rights of Workers (Sec. 3, Art. XIII)


1. Right to self-organization this refers to the right of the workers to form and join trade or labor unions. 2. Right to collective bargaining right of the workers, through their unions, to meet , negotiate and confer in good faith with their employer with respect to wages, hours, and other terms and conditions of employment. 3. Right to collective negotiation right of un-organized labor and government to negotiate to reach a peaceful solution to issues affecting both parties. 4. Right to peaceful and concerted activities including right to strike right of the workers to dramatize their demands or stand for or against an issue affecting them. 5. Right to security of tenure right not to be terminated from work without just cause and due process of law. 6. Right to just and humane conditions of work this right insures safe and healthful working conditions, equal opportunity to promotion and rest, leisure, and reasonable limitations of working hours. 7. Right to a living wage right to receive a fair and just compensation for the work of a worker. 8. Right to participate in policy and decision-making processes right of the workers to

participate with management in the formulation of policies affecting their wages, hours of work, working conditions, social security, transfer or re-assignments, and others.
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Right to Labor (Sec. 3, Art. XIII)


The right to labor is a constitutional as well as statutory right. Every man has a natural right to the fruits of his own industry. It is deemed as a property of a person and therefore he cannot be deprived of it without due process of law.
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Training in Civics, Vocational Efficiency, and Other Skills (Sec. 1 & 2, Art. XIV)
A highly competent and knowledgeable labor force is essential to the progress of a nation. For this reason, the State is directed by the Constitution to provide training in civics, vocational efficiency, and other skills to adult citizens, disabled, and out-of-school youth.
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Non-formal, Infomal and Indigenous Learning System (Sec. 1 & 2, Art. XIV)
Non-formal or informal education refers to learning from the home, the church, mass media and other community institutions. Indigenous learning systems include ways and methods within the indigenous cultural communities. By reason of the peculiar conditions in some areas of the country, the Constitution recognizes the need to encourage non-formal, informal and indigenous learning system particularly those that respond to community needs.
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Establishment and Maintenance of a System of Scholarship Grants, etc. (Sec 1 & 2, Art. XIV)
The benefits of education must also be extended to those who have less in life. Thus, the State is required by the Constitution to establish and maintain a system of scholarship,

grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in the public and private schools, especially the underprivileged.
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Compulsory Elementary Education (Sec. 1 & 2, Art. XIV)


The provision on compulsory elementary education seeks to address social problems, such as illiteracy and crime. Many illiterate children have been easy prey of bad elements engaged in criminal activities. The compulsory requirement of elementary education yields to the natural rights of parents to rear their children. In other words, the State cannot interfere on matters which strictly belong to the family, but it can compel parents to fulfill their duty in educating their children.
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Free Public Education in the Elementary and High School Levels (Sec. 1 & 2, Art. XIV)
The guaranty does not contemplate immediate implementation. There is no timetable for its implementation. It will be implemented only after the national budget shall have shifted highest priority to education and the finances of the government permit it. The provision on free high school education is more an expression of an objective or priority rather than an immediate mandate.
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System of Education to be Relevant to the Needs of the People and Society (Sec. 1 & 2, Art. XIV)
The Constitution is explicit in it directive that the system of education to be established, maintained and supported should be relevant to the needs of the people and society. The government, therefore, must take measures, innovations and programs to improve the system of education and make it responsive to the needs of the people and society.
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Complete, Adequate and Integrated System of Education (Sec. 1 & 2, Art. XIV)
The State is directed by the Constitution to establish, maintain and support a complete, adequate, and integrated system of education. The system should include nursery and kindergarten schools, elementary, elementary and high schools, and graduate institutions of learning.
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Problem of Poor School Facilities and Services (Sec. 1 & 2, Art. XIV)
The quality of education may be deficient in some cases as result of poor school facilities and services. Many schools are saddled with crowded classrooms, lack of textbooks, incompetent teachers, unavailability of teaching materials, obsolete teaching methods, substandard libraries, laboratories, equipment, and other facilities, dilapidated school buildings, irrelevant curricula, etc. The State is duty-bound to adopt measures to address these problems. Adequate financing of education is the lifeline to quality education.
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Equal Opportunity to Quality Education (Sec. 1 & 2, Art. XIV)


By constitutional mandate, the right to quality education imposes upon the State the corresponding duty to protect and promote it. The State must take steps to make quality education at all levels generally accessible or available to all.
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Right to Quality Education (Sec. 1 & 2, Art. XIV)


Education may refer to the process of training the physical, mental, and/or moral faculties of an individual. It may be acquired through formal course of instruction offered by institutions or informally through means outside the formal school system. The right to education is a basic right to capacitate the citizens to liberate themselves from poverty and want. Under the new constitution, the guaranty is not just to the right to education but to the right to quality education at all levels, both public and private.
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FRIDAY, JANUARY 8, 2010

Conditions for the Exercise of the Power of Eminent Domain (Sec. 9, Art. III)
1. Existence of public use whatever is beneficially employed for the community may be identified as for public use. 2. Payment of Just Compensation the amount to be paid by for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property. 3. Observance of due process of law the owner shall have due notice and hearing in the expropriation proceeding.
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Right to Just Compensation for Private Property Taken for Public Use (Sec. 9, Art. III)
This is a limitation of the power of eminent domain, which is one of the inerherent powers of the State.
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Limitation of the Right to Form Unions or Associations (Sec. 8, Art. III)


The right to form unions and associations or societies may be abridged by the State in the exercise of police power. This is the meaning of the phrase for purposes not contrary to law. But unless an association could be shown to create an imminent danger to public order, public peace, public morals, or public safety, there is no justification for abridging the right to form unions or associations.
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The Right to Form Unions or Associations (Sec. 8, Art. III)


The right to form unions or associations is the freedom to organize or to be a member of any group or association, union, or society, and to adopt the rules which the members think most appropriate to achieve their purpose.

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Writ of Habeas Data (Sec. 7, Art. III)


It is a judicial remedy available to any individual whose right to privacy in life, liberty, or security is violated or threatened by a unlawful act or omission of a public official or of a private individual or entity engage in the gathering of, collecting, or storing data or information regarding the person, family, home and correspondence of the aggrieved party. The court may order the deletion, destruction, or rectification of the data or information or documents if found to be erroneous or false.
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Limitations on the Right to Information (Sec. 7, Art. III)


It is recognized that records involving the security of the State or which are confidential in character should be excepted from the right to information.
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Scope of the Right to Information (Sec. 7, Art. III)


1. The right embraces all public records. 2. It is limited to citizens only. 3. Its exercise is subject to such limitations as may be provided by law.
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Right to Information on Matters of Public Concern (Sec. 7, Art. III)


This right is based on the premise that informed and critical citizens are in the best position to promote, protect and defend the values of a democratic society. It will enable the people to participate effectively in governmental affairs.
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Limitation of Liberty of Abode and Travel (Sec. 6, Art. III)


The liberty of abode may be impaired or denied upon lawful order of the court. The liberty of travel can be limited or denied on the ground of interest of national security, public

safety, or public health. To restrict the liberty of abode, a judicial act is needed, but the liberty of travel can be restricted by through an executive act.
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Liberty of Abode and Travel (Sec. 6, Art III)


The liberty of abode is the right of a person to have his home in whatever place chosen by him and thereafter to change it at will. The liberty of travel is the right of a person to go where he pleases, without interference from any source.
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Prohibition of Religious Test as Requirement for the Exercise of Civil or Political Rights (Sec. 5, Art. III)
Religious test is one demanding the avowal or repudiation of certain religious beliefs before the performance of any act. The expression civil or political rights include all the rights of an individual which are safeguarded by the Constitution and statutory laws.
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Limitation on the Right to Disseminate Religious Beliefs (Sec. 5, Art. III)


Any restraint or the right to disseminate religious ideas and information can only be justified on the ground that there is a clear and present danger of any substantive evil. Any infringement of religious freedom may be justified only to the smallest extent necessary to avoid grave danger to public welfare and security.
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When Saluting the Flag is Contrary to Ones Religion (Sec. 5, Art. III)

The Supreme Court has ruled that it is violative of religious freedom to compel one to salute the flag, sing the national anthem, and recite the patriotic pledge, during a flag ceremony when these are considered as acts of worship or religious devotion to an image or idol which are contrary to his religion.
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Aspects of Religious Freedom (Sec. 5, Art. III)


1. Freedom to believe and not to believe A persons right to believe whatever he wishes is absolute. The State cannot inquire into the validity or truth of ones belief. The theory is that a religious belief by itself cannot to any degree affect public interest. 2. Freedom to act in accordance to ones belief or freedom to exercise such belief This right is not and cannot be absolute because any act of man is always subject to regulation and even prohibition for the protection of the society.
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Religious Freedom (Sec. 5, Art. III)


Religious Freedom is the right of man to worship God, and to entertain such religious views as appeal to his individual conscience, without dictation or interference by any person or power, civil or ecclesiastical. It includes the right not to believe and worship any God. It also carries the right to disseminate religious belief.
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Clear and Present Danger Rule (Sec. 4, Art. III)


The abridgement of the freedom of expression and of the right of assembly and petition can be justified only where there exist substantial danger that the speech, publication, assembly, and petition will likely lead to an evil which the government has the right to prevent.
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Right of Assembly and Right of Petition (Sec. 4, Art. III)


The right of assembly means the right of the people to meet peaceably for consultation in respect to public affairs.

The right of petition means the right of any person or group of persons to apply to the appropriate branch or office of the government for redress of grievances.
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Limitation of Freedom of Expression (Sec. 4, Art. III)


The right to freedom of expression is not absolute. It is subject to some regulation by the State in order that it may not be injurious to the right of the community or society. This regulatory power of the State can be exercised under the police power to promote or protect public welfare. Anyone who slanders or libels another may be penalized. Lewd and obscene speech and fighting words are not protected under the freedom of expression clause.
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Importance of Freedom of Expression (Sec. 4, Art. III)


1. Promotes growth of individual and the nation If one is not free to communicate his ideas to others, his own moral and intellectual development shall be stifled and his fellowmen shall be deprived of the benefit which he might impart to them. 2. Makes possible the scrutiny of acts and conduct of public officials Without freedom of expression, people shall be deprived of the opportunity to scrutinize the acts and conduct of public officials without fear, and public officials shall not be properly guided by public opinions in crafting the policies and plans of the government. 3. Insures a responsive and popular government It is only through free debate and free exchange of ideas that a government remains responsive to the will of the people.
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Scope of the terms speech, expression and press (Sec. 4, Art. III)
Speech and expression include any form of oral utterances. Press covers every sort of publications like newspapers, magazines, books, handbills, leaflets, etc. Radio and television are instruments of mass communication and are also included within the term press.

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Freedom of Expression (Sec. 4, Art. III)


Freedom of expression implies the right to freely utter and publish whatever one pleases without previous restraint and to be protected against any responsibility for so doing as long as it does not violate the law, or injure someones character, reputation or business. It also includes the right to circulate what is published.
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