UCSP
UCSP
UCSP
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.
This section guarantees freedom of speech, freedom of expression, and freedom of the press. It
means that you can read, write, or say what you want without fear of punishment from the
government. You can also gather peacefully at public meetings, and you can participate in peaceful
marches and protests. Of course, there are limitations to this freedom. You can't say or write things
that cause commotion, panic, riots, or injury, and you can't tell lies about people because you can get
sued.
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.
Freedom of Religion and Belief Section 5 is about the separation of government and religion. It
prohibits government sponsorship and government regulation to any religion. The government can't
make a certain religion to be the official religion of the Philippines. An example is, government can't
dictate when should Christmas and other religious observations be observed and held. This means
you have the right to choose what your religion is, the state cannot impose a specific religion nor
patronize a specific religion.. However this is subject to police power exercise of the state. Since you
are free to believe but not almost free to act on your belief. Example, I believe that tree that I am
pointing is my god. I cannot be prosecuted by that state, however If I made a monument and kneel in
front of it, well that is another story .
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.
Freedom to Travel
Section 6 is simply about right to travel. Government can't stop you moving into different places
within the country and outside the country except for as mentioned, national security and public
health concerns. An example, the government can't allow it's Filipino citizens to travel to countries
listed under "DO NOT TRAVEL TO" lists like Iraq and other nations with war conflict. The same applies
to other countries with health concerns, for example, the government can't allow its citizens to
migrate to a country with bird flu or SARS outbreak, or any other infectious illnesses.
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.
Freedom to Information
Section 7 is about right to information. Citizens have the right to access, inspect copy, obtain copy of
official and public records like birth certificates, SSS, PhilHealth, Tax, Court records etc., Philippine
laws, constitutions, city ordinances, government publications, etc. The people have the right to
information and the state should provide for the information for transparency and accountability.
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.
The Right to form union – freedom to organize any group Purposes of the guarantee
This very simply means that as a citizen you have the right to form or join a union, association of
workers, or society of a particular discipline in the work field. You are able to meet with like minded
people and you can not be denied that right. Regulates the right of the people, including those
employed in the public and private sectors, to form unions, associations, or societies, provided that
these are not contrary to law.
In short it guarantees the right to form unions and associations.
Section 9. Private property shall not be taken for public use without just compensation.
It is called the power of eminent domain. The power of the State to take private property for public
use after a payment of just compensation. It has four elements:
1. It must be a private property 2. The purpose for which it has to be taken must be for public use (or
for the general welfare - ever encountered the latin term - salus populis suprema est lex) 3. there
must be taking - actual or constructive - the latte one meant that while the property was not totally
taken - you were somehow deprived of its whole potential use. 4. There must be payment of just
compensation.
common sample: private land was taken by government as part of its road widening effort?
some government entity who can exercise it:
DPWH
NAPOCOR
LGU through an ordinance
NCIP with regards to ancestral lands that have already titled to a non indigenous people.
this means that a law cannot be made that would stop a contract from being enforced. If some one
has a contract telling them to do something, they cannot get out of it, they have to do what the
contract says they have to do
it means that a contract that is already in place ( meaning created and signed) cannot be voided
stated of law, simply put a binding of contract cannot be unbound due to any laws that contradicted
it, if the law created after the contract was created.