Section 5 of the Philippine Organic Act of 1902 and the Bill of Rights section of the 1935 Constitution both contained numerous provisions protecting civil liberties and rights. Some key provisions included that no person shall be imprisoned for debt or deprived of life, liberty or property without due process of law. Both documents also guaranteed rights such as freedom of speech, freedom of the press, freedom of religion, and protection against unreasonable searches and seizures.
Section 5 of the Philippine Organic Act of 1902 and the Bill of Rights section of the 1935 Constitution both contained numerous provisions protecting civil liberties and rights. Some key provisions included that no person shall be imprisoned for debt or deprived of life, liberty or property without due process of law. Both documents also guaranteed rights such as freedom of speech, freedom of the press, freedom of religion, and protection against unreasonable searches and seizures.
Section 5 of the Philippine Organic Act of 1902 and the Bill of Rights section of the 1935 Constitution both contained numerous provisions protecting civil liberties and rights. Some key provisions included that no person shall be imprisoned for debt or deprived of life, liberty or property without due process of law. Both documents also guaranteed rights such as freedom of speech, freedom of the press, freedom of religion, and protection against unreasonable searches and seizures.
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.