EXPRESSION AND ASSEMBLY,

RELIGION,
ABODE,INFORMATION,
ASSOCIATION,
COMPENSATION, CONTRACT,
AND ACCESS TO COURTS AND
COUNSEL
Freedom of Expression and
Assembly. [Section. 4, Article. III]
This freedom covers all modes of
expression and press either in
print or broadcast media.
The following are the prohibitions in this
exercise of this freedom under a “Free
Speech and Press Clause”.
1. Censorship or Prior Restrain.
This means official government restriction
on the press or other forms of expression in
advance of actual publication or dissemination.
2. System of Subsequent Punishment.
This system has the effect of unduly
curtailing expression.
 Valid Governmental Intervention on
Expression
 1. Clear and Present Danger Rule
When words are in use in such circumstance and
of such nature as to create a clear and present
danger that bring about substantive evil that the
state has the right to prevent.
 2. Dangerous Tendency Rule
Word uttered posited and dangerous tendency of
an evil which the state has the right to prevent.
 3. Balancing of Interest Test
When a particular conduct is regulated in
interest of public order and the regulation
results in an indirect, conditional partial
abridgement of speech, he duty of the court is
to determine which of the two conflicting
interest demands the greater protection under
the particular circumstances presented.
 UNPROTECTED SPEECH
- Not all forms of Speech are protected. Libel and
Obscenity are speeches that are not protected.
1. LIBEL, Under Article 353 of the Revised Penal Code, is a
public and malicious imputation of a crime or of a vice or
defect, real and imaginary, or any act, omission, condition,
status or circumstance tending to cause the dishonor,
discredit or contempt of a natural or juridical person, or to
blacken the memory of one who is dead.
2. OBSCENE. Obscenity on the other hand, depicts work that
is offensive and sexual in nature as defined by applicable
laws, when taking as a whole, the work profoundly lacks
serious literally, artistically, or scientific value.
In Cybercrime Offences, the content related ones
include the willful engagement maintenance,
control or operation directly or indirectly, of any
lascivious exhibition of sexual organs, or sexual
activity, with the aid of computer system for favor
consideration. This includes libelous acts
committed through a computer system or any
other similar means which maybe devised in the
future. [ RA 10175 ]
 Freedom of Expression in Aid of
Legislation
 -To the extent that investigations in
aid of legislation are generally conducted in
public however, any executive issuance
tending to unduly limit disclosures of
information in such investigations necessarily
deprives the people of information which
being presumed to be in aid of legislation is
presumed to be a matter of public concern.
 Right to Assemble and Petition the
Government
 Not subject to prior restraint nor condition to
peaceably assemble and petition the government for
redress of grievances.
 How, if this assembly is to be held in a public place,
a permit for the use of such public place not for the
assembly itself, may be validly required.
Freedom of Religion [ Section 5, Article III ]
 This freedom is emphatic of the state
principle on the separation of the state and
church. It is worth stressing that the state
shall not interfere with the religious or
ecclesiastic practices of worships of any
church nor the latter is allowed to encroach
the governmental affairs, either constituent or
ministrant of the state.
1. Non-Establishment Clause
a. It cannot pass law which aid one religion; all
religions or prefer one another.
b. State cannot set up a church.
c. It cannot influence a person to go to or remain
with a certain church against its will.
d. It cannot force a person to profess a belief or
disbelief in any religion.
2. Freedom of Religious Belief and Worship
Aspect:
a. Freedom to believe. This freedom is absolute.
b. Freedom to act on one`s belief. This freedom is
subject to regulation.
 Liberty of Abode and of Travel
[ Section 6, Article III ]
1. Limitation on Liberty of Abode: by lawful order of
the court.
2. Limitation on right to travel:
a. Interest of national security
b. Public safety
c. Public health
d. Lawful order of the court
Right to Information [ Section 7, Article III ]
- This political right is granted to citizens
only and covers the following:
1. Right to information on matters of public concern
2. Corollary right of access to official records and
documents.
Berna’s [2002] pointed out the following
exceptions from the exercise of this right:
1. National security matters.
2. Trade secrets and banking transactions. Pertinent
laws include RA 8293 [Intellectual Property Code]
and RA 1405 [Secrecy of Bank Deposit Act]
3. Classified law enforcement matters.
4. Other confidential matters, e.g. provisions in RA
6713 [Ethical Standards Act]
 The right to Informational Privacy
 the right of the individual to control information
about themselves.
 to address the extraordinary rise in the number
of killing and enforced disappearance.
 a judicial remedy enforcing
 the right to control the collection maintenance,
use and dissemination of data about oneself.
 Executive Privilege Against Public
Disclosure
 The right to information does not extend to
matters recognized as “ Privilege information”
under the separation of powers, by which the
count meant Presidential conversations,
correspondences, and discussions in closed door
cabinet meetings.
Right to form Association [ Section 8, Article III ]
 “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.”
 The right to form union or association or to self-
organization comprehends two [2] broad notions to
wit:
a. The liberty of freedom, i.e., in the absence of restraint
which guarantees that the employee may act for himself
without being prevented by law and,
b. The power, by virtue of which an employee may, as he
pleases, join or refrain from joining an association.
 Government Employees
 Have the right to form unions or associations not
contrary to law, however they are not allowed to
strike.
 By the inherent power of the state this right may be
justifiable abridge if there is shown an imminent
danger to public order, peace, morals, and safety.
This intervention must be, that:
1. It shall not be impaired without due process of
law.
2. It guarantees the right not to join an
association.
 Union Security Clause Not a Restriction
 When a certain employees are obliged to join a
particular union a requisite for continued
employment as in the case of Union Security Clauses,
this condition is a valid restriction of the freedom or
right not to join any labor organization, because it is
in favor of unionism, this court on occasion, has even
held that a union security clauses in CBA is not a
restriction of the right of freedom of association
guaranteed by the constitution.
Right to Compensation for Private Property Taken
for Public Use. [Section 9, Article III]
 This right is exercised when a private property of any
person is taken for public use. It shall meet the
requirement of:
1. Due process to be observed in expropriation
of private property.
2. Compensation for private property taken.
3. Compensation must be equal to market
value [ Just compensation ]
Non-Impairment of Contracts [ Section 10, Article III ]
 A duty strengthened by law which bind the parties to
perform their agreements it its terms or intents or
conditions, that are not contrary to law, morals, good
customs, public order and policy.
 Impairment: Includes diminishes the efficacy of
contract.
 Limitations:
1. Police power- prevails over contract
2. Eminent domain- may impair obligations of
contracts.
3. Taxation- cannot impair obligation of contracts
 Police Power of the State not an Impairment of
Contract.
 The constitutional prohibition against impairing
contractual obligation is not absolute and is not to
be read with exactness. It is restricted to contracts
with respect to property or some object of value
and which confer rights that maybe asserted in a
court of justice;
 It has no application to statutes relating to public
subjects within the domain of the general
legislative powers of the state and involving the
public rights and public welfare of the entire
community affected by it.
Impairment of Contracts
The obligation of a contract is impaired and weakens the right
of the other when:
1. its terms or conditions are changed by law or
2. changed by a party without the consent of the other.
Indications of Changes
These changes are evident under the following conditions:
1. takes from a party a right to which he is entitled
2. deprives him of the means of enforcing such right
3. imposes conditions not expressed in the contract
4. dispenses conditions that diminish the considerations
agreed upon by the parties.
 Free Access to Courts and Rights to a Counsel [ Section 11,
Article III ]
 Waiver of Right of Silence and Counsel.
- The right of silence and to counsel cannot be
waived, except when it is
1. in writing and;
2. in the presence of the counsel
- These requirements for such waiver are for
the protection of the accused against being
abused and to guarantee the protection of human
rights.
 Right to Counsel is not Absolute in Administrative
Matters.
……there is nothing in the 1987 constitution stating
that a party in a non-litigating proceeding is entitled to
be presented by counsel. The assistance of a lawyer,
while desirable is not indispensable. Further,…that ‘a
party in an administrative inquiry may or may not be
assisted by counsel, irrespective of the nature of the
changes of the respondent’s capacity to represent
himself, and no duty rests on such body to furnish the
person being investigated with counsel.” Hence the
administrative body is under no duty to provide the
person with counsel because assistance of counsel is not
an absolute requirement.