Tomorrow’s observance of Araw ng Kalayaan invites reflection on the Filipinos’ exercise of freedom. Citizens enjoy freedom, thanks to the mantle of protection provided by the Constitution in the Bill of Rights, which declares: “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.”
Such protection is comprehensive and all-encompassing — as expressed in all 22 sections of the Bill of Rights.
First, the Constitution provides that the citizens’ right to privacy against unlawful search “in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge.” Note the framers’ clear intention in the choice of the term “inviolable”, to underline that this right should be respected in full measure.
The next two rights that are assured of full protection involve freedom of expression and assembly, and understandably so, considering that when martial rule was imposed in 1972, the exercise of these rights was curtailed. In a free society, these are regarded as safety valves. Freedom of expression and of assembly enable the articulation of opinion across the entire spectrum from conservatism to liberalism — provided this does not breach peace and order.
Transparency of governance is the next hallmark. On July 23, 2016, then President Rodrigo Duterte established the Freedom of Information (FOI) Program that complies substantially with Section 7 of the Bill of Rights, by enabling citizens to request and gain access to records of public transactions and expenditures that affect their well-being. Declaration of high government officials’ Statement of Assessments, Liabilities and Net Worth (SALN) was seen as a deterrent to graft and corrupt practices.
The Bill of Rights also confers the privilege of the writ of habeas corpus that compels police and security agencies to produce in court persons arrested on suspicion for serious violations of the law. The right to speedy disposition of cases before all judicial, quasi judicial, or administrative bodies is also guaranteed.
The Supreme Court under then Chief Justice Reynato Puno instituted the writ of amparo. This reinforces the provisions of Section 12 of the Bill of Rights that seek to protect citizens from “torture, force, violence, threat, intimidation, or any other means which vitiate the free will”, as well as from “secret detention places, solitary, incommunicado, or other similar forms of detention.”
Another legal innovation is the writ of kalikasan that provides protection of one's constitutional right to a healthy environment. This complies with Section 16, Article II of the Philippine Constitution, which states that 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.”
Finally, the Supreme Court en banc, under the leadership of Chief Justice Alexander G. Gesmundo, is implementing the Strategic Plan for Judicial Innovations (SPJI) aimed at instituting reforms that will facilitate access to fair and transparent justice to all Filipinos, especially the poor and the marginalized.