FOR the past few days, there has been an increasing restlessness among civil libertarians who are abreast of happenings not covered by the mass media.
These are the much talked-about violations of civil liberties especially among those who are far from city canters and living in far flung areas.
Some would say why care about civil liberties? Other would even argue that these things are only raised by the opponents of the “established order”?
Though most of us citizens have diminutive, if not zero background about the contents of the 1987 Philippine Constitution, we have the Bill of Rights under Article III that specifically guarantees protections against the abuse of state power.
However, events following President Duterte’s declaration of martial law in Mindanao, the Free Legal Assistance Group (Flag), a nationwide human rights lawyers’ organization in the Philippines felt it necessary to reproduce a primer which was first produced and disseminated during martial law during the Marcos regime. It was initially updated during the declaration by then President Gloria Macapagal-Arroyo of a state of rebellion in 2001 and later, Proclamation No. 1017 in 2006.
Noting that under the constitution and in times of emergency the president may resort to emergency powers whenever it was deemed necessary, and may call out the armed forces to prevent or suppress lawless violence, invasion, or rebellion certain basic rights are curtailed.
The recent directives of President Duterte that encourages to maim or kill suspected insurgents with monetary rewards can easily make every susceptible to abuse for a “few pieces of silver” so to say.
With the suspension of the privilege of the writ of habeas corpus, after Mindanao was placed under martial law, Flag reminded the public that in any situation, citizens must not lose their basic rights, such as:
The right to life;
The right not to be tortured, nor subjected to cruel, inhuman or degrading treatment or punishment;
The right not to be subjected to forced labor;
The right not to be imprisoned for non-payment of debt;
The right not to be punished for an act which was not yet a crime at the time of its commission;
The right to be recognized and treated as a person; and
The right to freedom of thought, conscience, and religion.
These rights are absolute. Under no condition can their fulfillment or enjoyment be suspended. This is true even when martial law or any other state of public emergency has been declared. These are non-derogable rights under the International Covenant on Civil and Political Rights to which the Philippine Government is a party.
There are other rights that are considered inalienable and inviolable, such as:
The right not to have your house searched without a search warrant issued by a judge, and not to have anything seized which is not specified in the search warrant. However, if you are legally arrested, your person and immediate surroundings may be searched for dangerous weapons, and any evidence found on your person or immediate vicinity (only on your person and immediate vicinity) which may have been used to commit the crime for which you are being arrested may be seized.
The right to liberty and security of person. You can be deprived of liberty only on grounds and procedures established by the Constitution and existing law.
The right not to be arrested except on evidence that a crime has been committed and that you probably committed it. You may be arrested only on the strength of a warrant of arrest issued by a Judge, except:
* When you have committed, are actually committing, or are attempting to commit an offense in the presence of the arresting officer;
* When an offense has just been committed and the arresting officer has probable cause to believe, based on personal knowledge of facts and circumstances, that you committed the offense;
* When you have escaped from prison or detention or while being transferred from one confinement to another.
The legality of your arrest must be determined in an inquest proceeding conducted by a civilian prosecutor.
Flag reminds that while under arrest or detention, if you are questioned or investigated by the police or military, you have the following rights:
* To be informed of your right to remain silent and other constitutional rights;
* To have competent and independent counsel preferably of your own choice; and
* To be provided with counsel if you cannot afford one.
In all criminal prosecutions, you have the following rights:
* Not to be compelled to testify against yourself;
* To remain silent and to counsel;
* To be informed of the nature and cause of the accusation against you;
* To have a speedy, public and impartial trial;
* To appeal any conviction;
* To be presumed innocent until the contrary is proven;
* To be present and heard by yourself and counsel;
* To avail of court processes to secure the compulsory attendance of witnesses and the presentation of evidence in your defense; and
* To meet the witnesses face-to-face and to cross-examine them.
* The right to a preliminary investigation.
* The right against double jeopardy.
* Before conviction, the right to bail except for capital offenses when evidence of guilt is strong.
* The right to be treated with humanity and with respect for your personal dignity.
* The right to liberty of abode and the right to travel.