1987 Constitution Bill of Rights Overview
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Princess Allen Matulac1987 Constitution Bill of Rights Overview
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Princess Allen MatulacCommon questions
Powered by AIThe Constitution protects the liberty of abode and of changing residence as prescribed by law, stating that these rights can only be impaired upon lawful order of the court. Furthermore, the right to travel is protected and may only be impaired in specific instances concerning national security, public safety, or public health as may be provided by law .
The Constitution ensures protection against unreasonable searches and seizures by requiring that any search warrant or warrant of arrest is issued only upon probable cause. This probable cause must be personally determined by a judge after examining the complainant and any witnesses under oath or affirmation. Additionally, the warrant must particularly describe the place to be searched and the persons or things to be seized to avoid broad or general searches .
The Constitution ensures that no person shall be denied free access to the courts and quasi-judicial bodies due to poverty. It mandates adequate legal assistance be available to any person, thus ensuring equitable access to justice regardless of economic status .
The privilege of the writ of habeas corpus can be suspended only in cases of invasion or rebellion when public safety requires such a suspension .
Constitutional provisions for a fair trial include the presumption of innocence until proven guilty, the right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation, to have a speedy, impartial, and public trial, and to meet witnesses face to face. The accused also has the right to compel the attendance of witnesses and the production of evidence in their favor. If the accused is duly notified but fails to appear without justification, the trial may proceed post-arraignment .
The Constitution explicitly states that no law impairing the obligation of contracts shall be passed, which protects the integrity and enforceability of agreements made by individuals and entities. Additionally, it emphasizes that private property shall not be taken for public use without just compensation, ensuring that property rights are respected even when subjected to eminent domain processes .
Bail is denied to persons charged with offenses punishable by reclusion perpetua when the evidence of guilt is strong. In other circumstances, all persons are generally permitted to be bailable by sufficient sureties or to be released on recognizance as provided by law. The right to bail is protected even when the privilege of the writ of habeas corpus is suspended .
The Constitution recognizes the right of the people to information on matters of public concern. It provides citizens access to official records, documents, and papers related to official acts, transactions, or decisions, as well as government research data used for policy development. These rights to information are subject to limitations that may be provided by law .
During criminal investigations, individuals are safeguarded by several constitutional mechanisms: they must be informed of their right to remain silent and to have competent and independent counsel. If they cannot afford counsel, one must be provided. These rights can only be waived in writing and in the presence of counsel. Furthermore, the use of torture, force, or intimidation is prohibited, and secret or solitary detention is not allowed. Confessions obtained in these unlawful ways are inadmissible as evidence. There are also provisions for penal and civil sanctions against violators, and for compensation and rehabilitation of victims .
The Constitution guarantees that no law shall be passed abridging the freedom of speech, expression, or of the press, and protects the right of the people to assemble peacefully and petition the government for redress of grievances. Moreover, it ensures that there will be no law respecting an establishment of religion or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship shall be allowed without discrimination or preference. Additionally, it prohibits any religious test for the exercise of civil or political rights .