What’s new in the Bill of Rights of the proposed federal charter?

MANILA, Philippines — The consultative committee tasked to propose amendments to the constitution submitted on Monday the draft charter for a federal government to President Rodrigo Duterte.

The chief executive approved as a whole the proposal, except for the transitory provisions that he wants to be amended, and will endorse it to Congress.

The proposed Article III or the Bill of Rights has 28 sections from the current 22 sections in the 1987 Constitution.

The draft charter is believed to “strengthen” the Article III or the Bill of Rights through the addition of social and economic rights, and environmental and ecological rights.

Social and Economic Rights

Every person’s right to adequate food, universal and comprehensive healthcare, complete and quality education, adequate and decent housing, and livelihood and employment opportunities will be among demandable rights under the Bill of Rights.

It mandates the federal republic to adopt measures that will guarantee the “progressive realization of these rights.”

These rights are not in the Bill of Rights but in the article on state policies in the current charter.

Environmental and Ecological Rights                                

Environmental rights will become a guarantee and cannot be denied by the state just like the civil and political rights of the people.

A new section on Environmental and Ecological Rights states that every individual has the right to a healthful environment and a balanced ecology, clean air, clean water, clean soil, and clean surroundings.

Once approved, citizens will have the right to be protected from and seek compensation for damages to environment and ecology brought about by the illegal and unsustainable exploitation of natural resources.

Every individual can also seek immediate relief from the courts and appropriate governmental bodies through the writ of kalikasan—a legal remedy that provides protection of one’s constitutional right to a healthy environment—against activities that threaten the environment and ecological balance.

In the 1987 Constitution, there is only one line that deals with the environment. Article II, Section 16 reads: “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”

Privacy

Section 3 of the Civil and Political Rights states the right to privacy. Interference in personal and domestic relations, correspondence and data—without a lawful court order—are prohibited.

Data obtained about a person shall only be used and processed for purposes authorized by law. Individuals can demand government agencies or offices to delete or correct such data or information.

Unreasonable searches, seizure

The prohibition against unreasonable searches and seizure shall extend to the conduct of unlawful reasonable surveillance through technological, electronic or other means.

No surveillance warrant shall be granted except upon a showing that there are no other reasonable means of obtaining the information or evidence.

Freedom of speech, expression

The provision that reads, “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” remains untouched.

The constitutional framers, however, added the order to local government units to establish “appropriate freedom parks” for the peaceful assembly of the people.

Writ of habeas corpus

“Lawless violence” is added to the grounds for suspending the writ of habeas corpus. The definition was not stated in the proposed charter but the Con-com earlier said that it refers to “terrorism” and “violent extremism.”

The privilege of the writs of amparo and habeas data, as well as other protective writs, may still be resorted to unless prejudicial to public order even when the privilege of the writ of habeas corpus is suspended.

“Lawless violence” is also included as one of the grounds for martial law declaration, specified in Article VIII, Section 18.

Legal assistance to poor

Under the proposed charter, members of the Philippine Bar may be required by the Supreme Court to provide free assistance to the poor before courts and quasi-judicial bodies and for other legal services.

In an order last year, the high court required new lawyers to render free legal services to indigent litigants with the constitutional guarantee of “free access to the courts and quasi-judicial bodies.”

Bail, detention

Section 17 (b) now provides that an indigent person may be released on recognizance if he/she is charged with an offense that would entitle him to probation and the risk of flight is low.

Under the proposed charter, the Federal Government, Federated Region and their local government units are mandated to provide humane and adequate penal facilities.

It also orders the state to provide compensation to persons unjustly and wrongfully accused, convicted and imprisoned but subsequently acquitted.