Article 3 Bill of Rights Section 6, 7 & 8
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. Liberty of Abode and Right to Travel Liberty of Abode Abode - Home Freedom to choose and change one’s home Within the limits prescribed by law Not an absolute right May be impaired or restricted when there is a “lawful court order” Right to Travel Travel within or outside the country The government may deny your right to return or right to travel for the ff. reasons: Interest of National Security o Terrorism o War Public Safety o Bomb Threat o Volcanic Eruption Public Health o Disease Outbreak When a person is on bail, or under a watch-list and hold departure order
Limitations under Section 6: 1.
Lawful order of the court and within the limits prescribed
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Eminent Domain
2.
May be curtailed (limited) even by administrative officers (ex. passport officers) in the interest of national security,
public safety, or public health, as may be provided by law. -
You are not allowed to leave the country the country experiences health crisis (airborne)
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You are not allowed to travel to those countries at war
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You are not allowed to leave the country if you have a criminal case
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you are a fugitive
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. Public Documents -Records that are meant to be made available to the public at large on demand RA 9470 -National Archives of the Philippines and other public documents -It is the policy of the State to protect, conserve, promote and popularize the nation’s historical and cultural heritage and resources.
REVISED RULES ON EVIDENCE RULE 132: Presentation of Evidence Section 19. Classes of Documents. — For the purpose of their presentation evidence, documents are either public or private. Public documents are: (a) The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country; (b) Documents acknowledge before a notary public except last wills and testaments; and (c) Public records, kept in the Philippines, of private documents required by law to the entered therein. All other writings are private.
Public Documents Examples: Documents Available from NSO: -Birth Certificate -Marriage Certificate -Record of No Marriage -Dissolution of Marriage -Adoption -Death Certificate CONFIDENTIAL GOVERNMENT DOCUMENTS Private Documents -Records whose contents, if made public, could invade the privacy of an individual who has broken no laws -Personnel files, Income tax records National Security Matters - Military, diplomatic and other national security concerns, and information on inter-government exchanges prior to the conclusion of treaties and executive agreements Trade or Industrial Secrets -Intellectual Property Code and other related laws Banking Transactions -Secrecy of Bank Deposit Act Criminal Matters (Intelligence Information) -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 Information - Ethical Standards Act -“confidential or classified information officially known to them by reason of their office and not made available to the public.” - diplomatic correspondence, closed door Cabinet meetings and executive sessions of either house of Congress, as well as the internal deliberations of the Supreme Court
Others: Recognized restrictions on the right of the people to information: 1. 2.
National security matters Intelligence information
3.
Trade secrets
4.
Banking transactions
5. 6.
Diplomatic correspondence Executive sessions
7.
Closed door cabinet meetings
8.
Supreme Court deliberations
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. Union - group of workers defending their rights Society - group of people living in a community with shared laws and traditions. Association - group of people with the same interests Right to Form Associations May be exercised by Employed or the unemployed Employed in the government or in the private sector Does not include the right to strike
Limitations under Section 8: 1.
If an association is shown to create imminent danger to public safety, public order, public peace, or public morals,
then the right to form associations may be abridged by the State in the exercise of its police power
