Article III Section 4 9
Article III Section 4 9
Article III Section 4 9
Sections 4-9
SECTION 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.
Meaning of Freedom of Speech,
Expression and of the Press
• Also known as freedom of expression,
implies the right to freely utter and publish
whatever one pleases without previous
restraint, and to be protected against any
responsibility for so doing as long as it does
not violate the law.
• It also includes the right to circulate what is
published.
Scope of Speech, Expression and
Press
• Speech and expression includes any form of
oral utterances.
• Press covers every sort of publication. Radio
and television as instrument of mass
communication is included within the term.
Freedom of Expression Not
Absolute
• Subject to regulation by the State - it is always
subject to some regulation by the State in order
that it may not be injurious to the right of the
community or society.
• Subject one to liability when abused - the
following may be penalized:
- Anyone who Slanders or Libels
- Lewd and obscene speech
- Fighting words
- Seditious speeches
Right of Assembly and Right of
Petition
• Right of Assembly - the right on the part of
the citizens to meet peaceably for
consultation in respect to public affairs.
• Right of Petition - right of any person or
group of persons to apply, without fear of
penalty to the appropriate branch or office
of the government for redress of grievances.
SECTION 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.
SECTION 5
• Religious Freedom - right of man to worship
God, and to entertain such religious views as
appeal to his individual conscience without
dictation or interference by any person or
power, civil or ecclesiastical.
• Religion - includes all forms of belief in the
existence of superior beings exercising power
over human beings.
SECTION 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.
SECTION 6
• Liberty of Abode and Travel - right of a
person to have his home in whatever place
chosen by him and thereafter to change it at
will, and to go where he pleases without
interference from any source.
SECTION 6
• Liberty to abode also includes the right to
choose one's residence to leave it whenever
one pleases, within the limits prescribed by
law, to travel where one wills, and to return
to his place of residence, except in the
interest of national security, public safety,
and health.
Limitations
• Permissible interference - “except upon
lawful order of the court” and except in the
national security, public safety or public health
according to law.
• Intervention of the court - note that under
the second limitation, a court order is not
necessary a person whose liberty of abode is
violated may petition for a writ of habeas
corpus against another holding him in
detention
SECTION 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.
SECTION 7
• In “Matters of public concern”, Jurisprudence
says that “public concern,” like “public
interest,” eludes exact definition and
embraces a broad spectrum of subjects
which the public may want to know, either
because these directly affect their lives or
simply because such matters arouse the
interest of an ordinary citizen.
SECTION 7
• Writ of Habeas Data - a judicial remedy
available to any individual whose right to
privacy in life, liberty, or security is violated
or threatened by an unlawful act.
Purpose of Writ:
By way of regulating the processing of
personal information or data about him. Gives
the individual the right to find out what
information is being kept about.
Limitations on the Right to
Information
• National security matters
• Trade secrets and banking transactions,
pursuant to the Intellectual Property Code
(Republic Act No. 8283) and other related
laws, and to the Secrecy of Bank Deposits Act
(RA 1405).
Limitations on the Right to
Information
• Criminal matters or classified law enforcement
matters, “such as those relating to the
apprehension, the prosecution and the
detention of criminals, which courts may not
inquire into prior to such arrest, detention and
prosecution.”
• Other confidential matters, including diplomatic
correspondence, closed-door Cabinet meetings
and executive sessions of Congress, and the
internal deliberations of the Supreme Court.
SECTION 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.
SECTION 8
• The right to form an association - is the
freedom to organize or to be a member of
any group or association, union or society
and to adopt the rules which the members
judge most appropriate to achieve their
purpose. Grants government employees to
form labor unions.
SECTION 9
Private property shall not be taken for public
use without just compensation.
Inherent Powers of Government
• Power of Eminent Domain - power of the
state to take private property for public use
upon paying the owner just compensation.
• Police Power - power of the state to enact
laws and regulations in relation to person
and property as may promote public health,
public morals, public safety, and general
welfare of the people.
Inherent Powers of Government
• Power of Taxation - power of the state to
impose charge or burden upon persons,
property, or property rights for the use and
support of the government and to enable it
to discharge its appropriate functions.
Illustrations of Police Power
• Public health - those regulating the medical
profession
• Public Morals - those punishing vagrancy and
prostitution, prohibiting gambling, etc.
• Public Safety - eg. those requiring a license to drive
a motor vehicle
• General welfare and Convenience - those requiring
compulsory registration of lands, authorizing the
removal of billboard offensive to sight, etc.