Professional Documents
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CONTRACT CLAUSE, definition: A law, which changes the terms of a legal contract between parties, either in the
time or mode of performance or imposes new conditions, or dispenses with those expressed, or authorizes for its
satisfaction something different from the provided in its terms, is law which impairs the obligation of a contract.
REQUISITES
1. When there is SUBSTANTIAL IMPAIRMENT, which –
a. Changes the terms, either in time or mode of performance;
b. Imposes new conditions;
c. Dispenses with expressed conditions; or
d. Authroizes for its satisfaction something different from that provided in terms.
2. When a law affects the rights of parties with reference to each other and not with respect to non-parties.
FREEDOM OF EXPRESSION, definition: 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 grievances.
SCOPE: The primacy and high esteem accorded freedom of expression is a fundamental postulate of our
constitutional system. This right was elevated to constitutional status, reflecting our own lesson of history, both
political and legal, that freedom of speech is condition for nearly every other form of freedom.
SPEECH, EXPRESSION, AND PRESS, include: (1) written or spoken words (record or not); (2) Symbolic speech (e.g.
wearing armbands); (3) Movies and other literary works.
PRIOR RESTRAINT: Means official government restrictions on the press or other forms of expression in advance of
actual publication or dissemination.
RIGHT TO INFORMATION
SECTION 7. 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 of policy development, shall be afforded the citizen, subject to such limitations as may
be provided by law.
RIGHT TO INFORMATION: The constitutional right to information includes official information of on-going
negotiations before a final contract. The information, however, must constitute definite propositions by the
government and should not cover recognized exceptions.
DIPLOMATIC SECRETS: Secrecy of negotiations with foreign country is not violative of the right to information,
because diplomacy has a confidential nature.
PUBLIC ASSEMBY: It means any rally demonstration march parade, procession or any other form of mass or
concerted action held in a public place for the purpose of presenting a lawful cause or expressing an opinion to the
general public or any particular issue.
RIGHT TO ASSOCIATION
RIGHT TO STRIKE AND THE RIGHT TO UNIONIZE, scope: The right is recognized as belonging to people whether
employed or unemployed and whether employed in the government or in the private section. The right includes the
right to form labor unions, societies or association not contrary to law.
FREEDOM OF RELIGION
SEPARATION OF CHURCH AND STATE: the clause prohibits excessive government entanglement with, endorsement
or disapproval of religion. Thus, it shall be inviolable.
FREE-EXERCISE CLAUSE: No law shall be made prohibiting the free exercise of religion. The free exercise and
enjoyment of religion profession and worship, without discrimination, shall forever be allowed.
PROHIBITION ON RELIGIOUS TEST: No religious test shall be required for the exercise of civil or political rights.
ACADEMIC FREEDOM: The right to academic freedom may only be invoked against the state. All private educational
institutions may prescribe its own requirements to maintain the standard of quality academic quality.
FREEDOM OF ABODE: Libery of abode is the right of the person to have his home wherever place chosen by him and
thereafter change by will.
RIGHT TO TRAVEL: Right to travel us the right of the person to go wherever without interference from any source.