Philippines

Philippines

Right	Section	Contents
Freedom of Association	History	The constitution of the First Philippine Republic, also known as the Malolos Constitution and passed in 1899 during the struggle for independence from Spain, represents the first mention of freedom of association in Philippine law. Under Article 20, no Filipino may be deprived of the “right of association for purposes of human life and which are not contrary to public morals.” The LawPhil Project. “1899 Constitution of the Republic of the Philippines (Malolos Convention).” Arellano Law Foundation, July 24, 2023, https://lawphil.net/consti/consmalo.html.
Freedom of Expression	History	The Philippines has had six different governing constitutions since their proclamation of independence in 1898. The first constitution was put into effect in 1899 and is commonly known as the Malolos Constitution(Constitution Day GOVPH n.d). Article 20 guarantees any Filipino the “the right to freely express his ideas or opinions, orally or in writing, through the use of the press or other similar means.” It is also important to note the succeeding statement in Article 21, “The exercise of the rights provided for in the preceding article shall be subject to general provisions regulating the same.” Article 4, Section 9 of the Republic of the Philippines 1973 Constitution contains the first assertion of freedom of speech in the country’s independent history. Sources: “Constitution Day GOVPH.” n.d. Official Gazette of the Republic of the Philippines. https://www.officialgazette.gov.ph/constitutions/constitution-day/#:~:text=Th %20Philippines%20has%20had%20a. “899 CONSTITUTION of the REPUBLIC of the PHILIPPINES (the MALOLOS CONSTITUTION).” n.d. Accessed June 7, 2024. https://www.chanrobles.com/PDF.LAWS/1899%20CONSTITUTION%20OF %20THE%20REPUBLIC%20OF%20THE%20PHILIPPINES.pdf. “1973 Constitution of the Republic of the Philippines.” Official Gazette of the Philippines. Accessed July 17, 2023. https://www.officialgazette.gov.ph/constitutions/1973-constitution-of-the-republic-of-the-philippines-2/
Freedom of Religion	History	The earliest assertion to the right of religion in the Philippines was presented in the 1899 Malolos Constitution. Title III, Article 5 states, “The State recognizes the freedom and equality of all beliefs, as well as the separation of Church and State.” The constitution of the Republic of the Philippines was ratified on February 2, 1987. Articles 3 section 5, 6 Section 28(3), 14 Section 3(3) grant religious freedom, equality, and prohibit discrimination. Article 3 section 5 forbids the Philippines from the establishment of a state religion. References: Official Gazette. 1899. “The 1899 Malolos Constitution GOVPH.” Official Gazette of the Republic of the Philippines. 1899. https://www.officialgazette.gov.ph/constitutions/the-1899-malolos-constitution/. Constitutional Commission of 1986. “The Constitution of the Republic of the Philippines: Govph.” Official Gazette of the Republic of the Philippines. Last modified 2022. Accessed June 24, 2022. https://www.officialgazette.gov.ph/constitutions/1987-constitution/.
Freedom of the Press	History	The Philippines first protected press freedom under Article 20 of the 1899 Malolos Constitution: Neither shall any Filipino be deprived… Of the right to freely express his ideas or opinions, orally or in writing, through the use of the press or other similar means" (Arellano Law Foundation, " 1889 Constitution of the Republic of the Philippines"). Today, Article III, Section 4 of the Philippines’ 1987 Constitution protects press freedom: “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" Constitute Project, “ Philippines’s Constitution of 1987” ).
Privacy Rights	History	The 1935 Constitution, enacted prior to independence from the United States, grants “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated” in Article III, Section 1(3) (Official Gazette, “The 1935 Constitution”). Today, similar language is used in Article II, Section 1(2) (Official Gazette, “The 1935 Constitution”). The Philippines gained independence in 1946 and ratified the new constitution in 1973. Article 4 Section 3 of the 1973 Constitution of the Republic of the Philippines guarantees “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall not be violated,” and outlines the procedures for the state to gain search warrants. Section 4 additionally ensures the privacy of communication and correspondence. Confidentiality of personal data is also protected in the 2012 Data Privacy Act and implemented by the National Privacy Commission of the Philippines (“Republic Act 10173”). Various “zones,” or aspects of privacy, such as privacy in the workplace, decisional privacy, and informational privacy, are further protected in Philippine case law (Bautista and Llanillo, 2020). References: Bautista, Khersien, and Llewellyn Llanillo. 2020. “Zones of Privacy: How Private.” Defense Counsel Journal 84, no. 3. International Association of Defense Counsel. https://www.iadclaw.org/defensecounseljournal/zones-of-privacy-how-private/ “Constitution of the Republic of the Philippines.” 1973. World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/P?h=hein.cow/zzph0009&i=8 “Republic Act 10173 - Data Privacy Act of 2012.” National Privacy Commission. Accessed July 19 2024. https://privacy.gov.ph/data-privacy-act/ https://www.officialgazette.gov.ph/constitutions/the- 1935- constitution/ https://www.officialgazette.gov.ph/constitutions/ 1987- constitution/
Voting Rights and Suffrage	History	Article 5 of the Constitution of the Philippines concerns suffrage, stating that citizens over the age of 18 that have resided in the country for the previous year are entitled to vote. Article 6 states that the members of the Senate, House of Representatives, and the President are elected to office by universal suffrage. (Constitute Project, “ Philippines’s Constitution of 1987” ).