The 1987 Philippine BILL OF RIGHTS

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE III
Bill of Rights

SEC. 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.

SEC. 2
The right of the peole 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.

SEC. 3.
(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.

SEC. 4.
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.

SEC. 5.
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.

SEC. 6.
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.

SEC. 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 for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

SEC. 8.
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.

SEC. 9.
Private property shall not be taken for public use without just compensation.

SEC. 10.
No law impairing the obligation of contracts shall be passed.

SEC. 11.
Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

SEC. 12.
(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 and rehabilitation of victims of torture or similar practices, and their families.

SEC. 13.
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.

SEC. 14.
(1) No person shall be held to answer for a criminal offense without due process of law.
(2) 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.

SEC. 15.
The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.

SEC. 16.
All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

SEC. 17.
No person shall be compelled to be a witness against himself.

SEC. 18.
(1) NO PERSON SHALL BE DETAINED SOLELY BY REASON OF HIS POLITICAL BELIEFS AND ASPIRATIONS.
(2) No involuntary servitude in any from shall exist except as punishment for a crime whereof the party shall be duly convicted.

SEC. 19.
(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

SEC. 20.
No person shall be imprisoned for debt or non-payment of a poll tax.

SEC. 21.
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.

SEC. 22
No ex post facto law or bill of attainder shall be enacted.

The Only Solution

People are tired and weary. We ask, when will it ever end? When will the political unrest stop? When will the opposition get tired? When will the administration own up to its mistakes?

I don’t think it ever will. Not until President Gloria Macapagal-Arroyo resigns or is unseated and is prosecuted for her crimes. If that does not happen, then we should prepare ourselves for more chaos until the next presidential elections in 2010.

The problem lies not in Arroyo’s iron clad motto of a “Strong Republic,” nor is it in her ineffective leadership. The problem is the legitimacy of her presidency. And this problem will never go away. Not even when her term is shortened or ended. We have a leader who might not even deserve to be one. No matter how much the peso strengthens or how many foreigners invest in the country, it will not go away.

People will continue to protest. People will continue to doubt.

Not even a Presidential Proclamation 1017 can solve Arroyo’s problem.

Her alleged crimes of lying, cheating and stealing will continue to hound her.

What we have is not an ineffective president but a possibly illegitimate leader.

Mrs. Arroyo, there is only one real and effective solution which can end the turmoil and uncertainty that is damaging our country, RESIGN NOW and PAY FOR YOUR CRIMES.

A Call to all Filipinos: LET YOUR VOICE BE HEARD

Tonight I cry. I cry because of fear, anxiety and frustration. There is something very wrong with the country today and not enough people care.

Most of us have stopped caring. Regular and endless political bickering, grandstanding and senseless protests has made most of us numb and apathetic towards our nation’s political status.

Yesterday, President Gloria Macapagal-Arroyo declared the entire Philippines under a “State of National Emergency.” Having done so has allowed her to arrest without any warrants and interfere with the right to freedom of expression. First to suffer was UP’s Professor Randy David who was marching from UP towards the EDSA Shrine when he was “invited” for questioning. Then, Anakpawis Representative Crispin Beltran was arrested based on a 21-year old case of rebellion against him. Tribune, perceived to be pro-Estrada, was supposedly raided. The Philippine National Police (PNP) downplayed the reported raid by calling it a “strong presence” in the Tribune offices. And as if not content with their “strong presence” at the Tribune office, the PNP has issued a warning to all media organizations who do not follow the “standards” of the Arroyo administration could suffer the same fate.

Many people do not protest against Arroyo not because they trust and believe in her. Rather, they fear the unknown. If not Arroyo, then who? I have asked myself the very same question a hundred times (or more). Raul Roco and Fernando Poe, Jr are both dead. Sen. Panfilo “Ping” Lacson is unusually quiet and seemingly unwilling to step up. Vice-President Noli de Castro is firmly on Arroyo’s side and so is House Speaker Jose de Venecia.

The only logical and legal choice is Senate President Franklin Drilon. Unfortunately, Drilon has failed to strongly convey his stand against Arroyo. He has not sufficiently aligned himself for the opposition. He is, to a certain extent, fence-sitting.

So the country is left with no choice.

Yes, there are no real alternatives to Arroyo. But I don’t think that the choice right now is between Arroyo and somebody else. The choice we make is between democracy and martial law.

And I choose democracy. At this point in time, I don’t even care who leads the country, as long as it is not under martial law or something akin to it.

Although I understand the confusion and conflicting thoughts bothering the minds of most Filipinos, I strongly urge everybody to pick a side. Not for Arroyo or against her, but for democracy or against it. This is not about picking a lesser evil, but about standing up for our rights.

This is a crucial moment for all Filipinos. What we choose and how we express it can be a new way of expressing people power. Rallying in the streets might not be effective any more, but speaking up can be done in other ways.

Personally, I don’t think that going out in the streets at this point in time is the right way of doing it. It only gives Arroyo more ammunition to do as she pleases.

I urge all Filipinos to pick a side and let your voice be heard. Let us not wait for something drastic or tragic to happen before we pick a side. Let us not wait for our right to freedom of expression to be supressed before we make our choice.

This is my way of saying

I PICK DEMOCRACY!
No ifs, no buts.

Still in a State of National Emergency

Yesterday, I tried to understand and accept President Arroyo’s decision to declare a State of National Emergency. And to a certain degree, I did understand her decision. But now that the situation has become relatively stable, she is just inviting criticism and more protests by not lifting the declaration.

If she really wants to remain as the president of the country, she should reconsider the declaration and maybe even apologize for it. Thus far, the attempts to impeach and/or unseat her from the presidency have failed because it lacks sympathizers from the middle class and the elite.

If she keeps up projecting a tough, unflinching stance, then she may just alienate and anger most of the fence-sitting middle class. And that is something she does not want.

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State of National Emergency

By now, everybody already knows that President Gloria Macapagal-Arroyo has declared a “State of National Emergency” as a response to the growing crowd of protesters in EDSA earlier today. This has raised questions, doubts and fears.

Personally, I was alarmed by such declaration. The crowds weren’t massive enough to cause actual threat to the government. Moreover, such declaration (considered a precursor or similar to Martial Law) was made on the day of the anniversary of the People Power Revolution which totally abolished (or so we thought) Martial Law in the country.

I think the declaration was hastily done as a knee jerk reaction to the possibility of the crowds swelling to an uncontrollable size and passion. It did not do a lot of good for Arroyo. Instead of intimidating and controlling, people became more impassioned and angry at her.

Adding fuel to the fire was the indiscriminate arrest and holding of Professor Randy David for merely marching. If they arrested somebody more influential (i.e. Corazon Aquino or Teofisto Guingona), Arroyo would surely be out of MalacaƱang in a couple of days. Fortunately, the Armed Forces restrained themselves.

Right now, Arroyo is walking on a very tight rope. One wrong move or one more unnecessary action could easily fuel more people into action. She should learn to have more grace under pressure, and handle situations appropriately.

Insensitivity

Much uproar, violence and debate has been caused by the publication of 12 cartoon depictions of Muhammad in the Danish newspaper Jyllands-Posten.

I have seen the cartoons and I must say I totally empathize with the cries of protest.

First, Muhammad is a sacred and very much revered prophet of the Muslims. And part of their reverence is their condemnation of idolatry including the visual depiction of Muhammad and Allah. Christians might see this as an extreme form of reverence but to the Muslims it is what they believe in. And it should be respected. If Muhammad’s followers themselves are prohibited from visually depicting him, we should respect that no ifs, no buts.

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Disaster

For the nth time, the country is once again hit by a devastating natural calamity. At least two thousand people are feared to be dead following a massive mudslide in Leyte.

And sad part is it could have been avoided from happening. It’s not as if the heavy rains which caused the landslide was a freak incident. Year after year, typhoons and torrential rains hit certain parts of the country. Year after year, we read, hear and see devastating floods and landslides leading to incalculable loss of lives, property and income.

We have a National Disaster Coordinating Council (NDCC) which only surfaces when disaster strikes. And when that happens, officials come out to say how sorry they are for what happened, that everything will be done to help the victims of the calamity.

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JUSTICE’s Tipped Scale

The symbol for justice is that of a blind woman holding a scale. The woman is blind because it does not judge based on external factors and it cannot be influenced by anybody. It judges on the facts of the case and nothing else.

Unfortunately, the Justice System in the Philippines is seemingly not blind. The accused for the biggest cases in the country remain to be unpunished.

The Marcoses and their cronies who grossly plundered the country’s wealth, tortured and killed thousands of human rights victims. Imelda Marcos continues to plead innocence and even claim to be a victim of a conspiracy.

Former President Joseph Estrada might be granted “temporary freedom” for the sake of “reconciliation.” No, it doesn’t seem to matter that he is being tried for plunder and betrayal of public trust.

Governor Chavit Singson, self-confessed jueteng lord is also is free as a bird.

President Gloria Macapagal-Arroyo who has apologized for a “lapse of judgment” which has possibly resulted in gross cheating in the last presidential elections is still president and hasn’t been formally tried for her misdeeds.

Yes, ladies and gentlemen, in the Philippines, it’s ok to be a criminal as long as you do it in great magnitude and possess great power in order to avoid paying for your crime.

Undeniably, our justice system and our sense of justice are systematically and culturally flawed.

Gross Negligence

It has been a week since the so-called “Ultra Stampede Tragedy” happened. The fact-finding committee has pointed towards the direction of ABS-CBN (the organizers) as the responsible and liable party for the incident.

ABS-CBN meanwhile, is trying to ascertain that the Pasig Mayor’s office was informed of the celebration and thus, partly responsible for the incident. Similarly, some parties are blaming the Ultra administration. Fingers are pointed at different directions for different reasons.

In my opinion, it was indeed mostly ABS-CBN’s responsibility to secure the event and the area. And to a certain degree, it was also the Ultra administration’s fault. It was not as if they were not paid to have the event held at their premises.

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PhP 51.48 : $1

Here’s another something to smile about: the peso is getting stronger. Last Friday, February 10, 2006, it closed at PhP 51.48 to a dollar.

Despite the chaos, tragedies and political instability, the Philippine peso has somehow managed to stay afloat. The problem now is how to keep it afloat. Hopefully, it will only get stronger against the dollar.

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