Right against ex post facto law and bill of attainder – No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offense was committed. Art. III Sec. 22 (Philippine Constitution) “nullum crimen, nulla poena sine lege” – there is no crime if there is no law punishing it. Right to Privacy - No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. Art. III Sec.2 and Sec.3 – Anti-wiretapping law, secrecy of bank deposits law, Privacy Data Protection Act Right against unreasonable searches and seizures • Right of the people 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 persons or things to be seized. What is the essence of privacy? The right to be left alone. In context, the right to privacy means the right to be free from unwarranted exploitation of one’s person or from intrusion into ones’ private activities in such a way as to cause humiliation to a person’s ordinary sensibilities. GR: Right to privacy of communication and correspondence is inviolable. XPNs: 1. By lawful order of the court; 2. Public safety or public order as prescribed by law NOTE: Any evidence in violation of this right or the right against unreasonable searches and seizures shall be inadmissible for any purpose in any proceedings. Ex. DILG directives to submit list of unvaccinated residents - upholding human rights remains to be an important consideration in crafting and implementing policies addressing the pandemic. This may result in the breach of the right to privacy of individuals and, more importantly, these people cannot be restricted from accessing essential goods and services. The government cannot use the pandemic as a justification to set aside pertinent laws and human rights standards meant to protect human rights and dignity in all situations and at all times. Right to Freedom of Movement 1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, including his own, and to return to his country. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order, public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant. No one shall be arbitrarily deprived of the right to enter his own country. The freedoms of movement, abode and travel are guaranteed under the Bill of Rights, but this guarantee allows of XPNs: these freedoms may be curtailed or restricted upon lawful order of the court, or in the interest of national security, public safety or public health. Art. III Sec 6 • In the case of FERDINAND E. MARCOS, ET AL. V HON. RAUL MANGLAPUS, ET AL., which was Supreme Court called “unique” and “should NOT create a precedent” for the case of a dictator forced out of office and into exile after causing 20 years of political, economic and social havoc in the country and who within the short space of 3 years seeks to return, is a class by itself, the Supreme Court ruled that then President Corazon Aquino acted well within her powers when she refused the petitioner’s return to the country. It involves balancing the general welfare and the common good against the exercise of rights of certain individuals. • Furthermore, the right to return to one’s country is not among the rights specifically guaranteed by the bill of rights, which treats only of the liberty of abode and the right to travel, but it is our well-considered view that the right to return may be considered as a generally accepted principle of international law, under our constitution, is part of the law of the land. Ex. – Pandemic – Duterte made a pronouncement placing the entire country under a State of Public Health Emergency. ordered the suspension of all air, land, and sea domestic travel from Metro Manila. International flights were barred from leaving the Ninoy Aquino International Airport. - restrictions imposed by the Philippine government are valid as the same are aimed at the protection of public health. Restrictions imposed by the government must, at a minimum, be carried out in accordance with law. They must be supported with medical evidence and must address the aim of the government to prevent the spread of the Coronavirus disease within the country. Restrictions to freedom of movement must be neither discriminatory nor arbitrary in application, and must at all times be respectful of human dignity, human rights, and fundamental freedoms. Right to Asylum 1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. No State Party shall expel, return ("refouler"), surrender or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to enforced disappearance. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations, including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights or of serious violations of international humanitarian law. Ex. Executive Order 163, s. 2022 (EO 163). Entitled “Institutionalizing Access to Protection Services for Refugees, Stateless Persons, and Asylum Seekers,” the executive order guarantees the protection of the rights to security, liberty, and mobility of refugees. As the country’s first policy on refugees that provide benefits beyond entry to the Philippines, EO 163 is considered a milestone document. It institutionalizes the Inter-Agency Committee on the Protection of Refugees, Stateless Persons, and Asylum Seekers. These include the provision and access to government programs, such as health services, social protection, education, legal assistance, and gainful employment. In the wake of the Russian invasion of Ukraine, EO 163 is a timely and relevant issuance that demonstrates our country’s compassion towards those seeking refuge during times of emergency. Right to a Nationality - a foundling’s right to nationality at birth is self-executing – that is, the State has the obligation to grant them citizenship even without an enabling local law since it is “an obligation erga omnes to prevent statelessness” 1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State. Every child shall be registered immediately after birth and shall have a name. Every child has the right to acquire a nationality. Ex. Republic Act No. 11767, or the Foundling Recognition and Protection Act states that a foundling found in the country or in Philippine embassies, consulates and territories abroad, is presumed a natural-born Filipino citizen regardless of the status or circumstances of the child’s birth. This provides abandoned children relief from unprepared parents. Infants 30 days old or younger can be turned over to “safe haven” institutions such as licensed child-caring agencies, Department of Healthaccredited health facilities, local social welfare and development offices and Department of Social Welfare and Development- or local government unit-managed residential care facilities so they can receive the nurture they rightfully deserve. Right to marriage and family 1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. 2. Marriage shall be entered into only with the free and full consent of the intending spouses. 3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. The right of men and women of marriageable age to marry and to found a family shall be recognized. No marriage shall be entered into without the free and full consent of the intending spouses. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law. Ex. Republic Act No. 11596, also known as an Act Prohibiting the Practice of Child Marriage. The passage of the Act is a gender equality and child rights milestone, establishing the Country’s commitment in abolishing traditional and cultural practices and structures that perpetuate discrimination, abuse, and exploitation. These expert bodies and several in country researches have consistently linked early, forced child marriages with denial of the right to education, right to health, and increased risk of abuse and exploitation, especially among girl children. The passage of the law has opened a promise of a better future to the country’s children, ensuring they fully enjoy rights without discrimination, and protecting them from forced, early marriages including those acquiesced to, and initiated by their own families. Right to own property 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property. The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws. Art. 435 of the Civil Code - No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation. Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession. While private ownership is recognized and protected, privately-owned property may be taken for public use under the State’s power on eminent domain, or even destroyed under the State’s exercise of police power, in order to protect public health, safety, order and morals.
