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PROVISIONS OF SECTION 5 OF PHILIPPINE ORGANIC ACT OF 1902

Section Rights under Philippine Organic Act of 1902


That no law shall be enacted in said Islands which shall deprive any
Section 5 person of life, liberty, or property without due process of law, or deny
to any person therein the equal protection of the laws.
That in all criminal prosecutions the accused shall enjoy the right to
Section 5 be heard by himself and counsel, to demand the nature and cause of
the accusation against him, to have a speedy and public trial, to meet
the witnesses face to face, and to have compulsory process to
compel the attendance of witnesses in his behalf.
That no person shall be held to answer for a criminal offense without
Section 5 due process of law; and no person for the same offense shall be
twice put in jeopardy of punishment, nor shall be compelled in any
criminal case to be a witness against himself.
That all persons shall before conviction be bailable by sufficient
Section 5 sureties, except for capital offenses.

That no law impairing the obligation of contracts shall be enacted.


Section 5
That no person shall be imprisoned for debt.
Section 5
That the privilege of the writ of habeas corpus shall not be
Section 5 suspended, unless when in cases of rebellion, insurrection, or
invasion the public safety may require it, in either of which events the
same may be suspended by the President, or by the Governor, with
the approval of the Philippine Commission, wherever during such
period the necessity for such suspension shall exist.
That no ex post facto law or bill of attainder shall be enacted.
Section 5
That no law granting a title of nobility shall be enacted, and no person
Section 5 holding any office of profit or trust in said Islands, shall without the
consent of the Congress of the United States, accept any present,
emolument, office, or title of any kind whatever from any king, queen,
prince, or foreign State.
That excessive bail shall not be required, nor excessive fines
Section 5 imposed, nor cruel and unusual punishment inflicted.
That the right to be secure against unreasonable searches and
Section 5 seizures shall not be violated.
That neither slavery, nor involuntary servitude, except as a
Section 5 punishment for crime whereof the party shall have been duly
convicted, shall exist in said Islands.
That no law shall be passed abridging the freedom of speech or of
Section 5 the press, or the right of the people peaceably to assemble and
petition the Government for redress of grievances.
That no law shall be made respecting an establishment of religion or
Section 5 prohibiting the free exercise thereof, and that the free exercise and
enjoyment of religious profession and worship, without discrimination
or preference, shall forever be allowed.
That no money shall be paid out of the Treasury except in pursuance
Section 5 of an appropriation by law.
That the rule of taxation in said Islands shall be uniform.
Section 5
That no private or local bill which may be enacted into law shall
Section 5 embrace more than one subject, and that subject shall be expressed
in the title of the bill.
That no warrant shall issue but upon probable cause, supported by
Section 5 oath or affirmation, and particularly describing the place to be
searched and the person or things to be seized.
That all money collected on any tax levied or assessed for a special
Section 5 purpose shall be treated as a special fund in the Treasury and paid
out for such purpose only.

PROVISIONS ON THE BILL OF RIGHTS OF THE 1935 CONSTITUTION


Section 1935 Constitution

(1) No person shall be deprived of life, liberty, or property without due


Section 1 process of law, nor shall any person be denied the equal protection of
the laws.
(2) Private property shall not be taken for public use without just
Section 1 compensation.
(3) The right of the people to be secure in their persons, houses,
Section 1 papers, and effects against unreasonable searches and seizures
shall not be violated, and no warrants shall issue but upon probable
cause, to be determined 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.
(4) The liberty of abode and of changing the same within the limits
Section 1 prescribed by law shall not be impaired.
(5) The privacy of communication and correspondence shall be
Section 1 inviolable except upon lawful order of the court or when public safety
and order require otherwise.
(6) The right to form associations or societies for purposes not
Section 1 contrary to law shall not be abridged.
(7) No law shall be made respecting an establishment of religion, or
Section 1 prohibiting the free exercise thereof, and 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.
(8) No law shall be passed abridging the freedom of speech, or of the
Section 1 press, or the right of the people peaceably to assemble and petition
the Government for redress of grievances.
(9) No law granting a title of nobility shall be enacted, and no person
Section 1 holding any office of profit shall, without the consent of the Congress
of the Philippines, accept any present, emolument, office, or title of
any kind whatever from any foreign state.
(10) No law impairing the obligation of contracts shall be passed.
Section 1
(11) No ex post facto law or bill of attainder shall be enacted.
Section 1
(12) No person shall be imprisoned for debt or non-payment of a poll
Section 1 tax.
(13) No involuntary servitude in any form shall exist except as a
Section 1 punishment for crime whereof the party shall have been duly
convicted.
(14) The privilege of the writ of habeas corpus shall not be
Section 1 suspended except in cases of invasion, insurrection, or rebellion,
when the public safety requires it, in any of which events the same
may be suspended wherever during such period the necessity for
such suspension shall exist.
(15) No person shall be held to answer for a criminal offense without
Section 1 due process of law.
(16) All persons shall before conviction be bailable by sufficient
Section 1 sureties, except those charged with capital offenses when evidence
of guilt is strong. Excessive bail shall not be required.
(17) In all criminal prosecutions the accused shall be presumed to be
Section 1 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 and public trial, to
meet the witnesses face to face, and to have compulsory process to
secure the attendance of witnesses in his behalf.
(18) No person shall be compelled to be a witness against himself.
Section 1
(19) Excessive fines shall not be imposed, nor cruel and unusual
Section 1 punishment inflicted.
(20) No person shall be twice put in jeopardy of punishment for the
Section 1 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.
(21) Free access to the courts shall not be denied to any person by
Section 1 reason of poverty.

Choose two provisions and explain their substance.

1. PROVISION OF SECTION 5 OF PHILIPPINE ORGANIC ACT OF 1902

 That no person shall be imprisoned for debt.

Explanation: It is a constitutional right that no person should be imprisoned


for debt. It simply explains that there is no criminal liability against non-
payment of debt or “utang” except in cases of fraud. Hence, a debtor in a
purely civil case cannot be punished with imprisonment for not paying his
debt, but the creditor may file a civil case for a collection of sums of money
against the debtor.
2. PROVISION ON THE BILL OF RIGHTS OF THE 1935 CONSTITUTION

 Private property shall not be taken for public use without just
compensation.

Explanation: The government/state has 3 powers; police power, power of


taxation and power of eminent domain. This provision is subject to power
of eminent domain, the state has the power to seize private property for
public use for just compensation. Private property should not be taken for
public use without compensation. For example, the government can
acquire your private land for a public use or purpose (Example: widening
of roads) and you cannot refuse, but the government or state should pay
you just compensation as well. Assuming you decline, the government will
file an action in court to seize your property through eminent domain.
Then, the court schedules an order of taking. This is a court hearing in
which the government argues that it attempted to purchase your land for a
fair price and is justified in seizing it for public use.

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