CHAPTER 3

CIVIL AND POLITICAL RIGHTS

(First Generation of Rights)

BILL OF RIGHTS in the 1987 Constitution

-  regular fixture in all Philippine Constitutions,

except : BIAK-NA-BATO Constitution of 1897 

-  named as Duties and Rights of the Citi zen  

(1943 Constitution) and The Fi li pinos and

Their National and Individual Rights  (1899

Malolos Constitution)

-  an enumeration of civil and political rights that

are self-executing

-  considered as a restriction upon the powers of

the State Government in order to preserve

constitutional harmony and stability; has to

honor and respect these rights while exercising

its fundamental powers

-  declares forbidden zones in the private sphere

inaccessible to any power (Bernas)

FOUR TYPES CLASSIFIED IN THE

CONSTITUTION

1.  Completely new provisions

2.  Old provisions that contain amendments

3.  Old provisions where words and phrases were

amended by deletion

4.  Old provisions that remained intact

BEGINNING OF BILL OF RIGHTS in the 1987

CONSTITUTION

-  Traces its beginning to Britain’s 1689  

Declaration of Rights

-  Influenced of Bill of Rights in the State

Constitution of Massachusetts, NJ and Virginia

-  Introduced first 10 amendments to the U.S.

Constitution, known as Bill of Rights

COMPREHENSIVE AGREEMENT ON RESPECT

FOR HUMAN RIGHTS and INTERNATIONAL

HUMANITARIAN LAW

-  First substantive agreement signed by

 Negotiating Panels of the Gov’t of Phil. and

 National Democratic Front

-  Consists of 7 Parts

1.  Preamble –  introduces the Agreement and

articulates the reasons for and the intention

of the parties in entering into the Agreement

2.  Declaration of Principles

3.  Bases, Scope, and Applicability

4.  Respect for Human Rights

5.  Respect for International Humanitarian Law

6.  Joint Monitoring Committee

7.  Final Provisions

-  Principles of human rights: universality,

indivisibility and interdependence are

enunciated

UNIVERSAL DECLARATION OF HUMAN

RIGHTS

-  Art. 3 –  21 of the Declaration contains the

catalogue of civil and political rights of the first

generation

-  Examples: right to life, liberty and security;

freedom from slavery and servitude; freedom

from torture and inhuman; freedom of opinion

and expression; right to participate in

government

INTERNATIONAL COVENANT on CIVIL and

POLITICAL RIGHTS

-  Adopted unanimously by 106 states and entered

into force in 1976

-  Divided into Preamble and six parts

-  Parts I –  III (Art. 1-27) contain substantive

rights, some general provisions like: gender

equaltiy, prohibition of discrimination and

misuse

-  Parts IV –  VI (Art. 28-53) contain the

international monitoring provisions, some

 principles of interpretation and final clauses

-  Part III (Art. 6-16) include: rights to life,

 prohibition of torture and inhuman prison

conditions, rights to personal liberty and

security, recognition of legal personality,

freedom of movement and protection of aliens

against arbitrary expulsion

-  First Optional Protocol to the Covenant provides

for possibility of individual complaints

-  Second Optional Protocol provides for abolition

of death penalty