Bar Exam Question: How is the
Bill of Rights strengthened in the
1987 Philippine Constitution?
SUGGESTED ANSWER:
There are several ways in which the Bill of Rights is strengthened in the 1987 Constitution.
1 New rights are given explicit recognition such as, the prohibition against detention by reason of political beliefs and aspirations. The waiver of Miranda rights is now required to be made in writing with the assistance of counsel. The use of solitary, incommunicado and secret detention places is prohibited, while the existence of substandard and inadequate penal facilities is made the concern of legislation.
2 There is also recognition of the right of expression, an express prohibition against the use of torture, a mandate to the State to provide compensation and rehabilitation for victims of torture and their families.
3 Some rights have been expanded. For instance, free access to courts now includes access to quasi-judicial bodies and to adequate legal assistance.
4 The requirements for interfering with some rights have been made more strict. For instance, only judges can now issue search warrants or warrants of arrest. There must be a law authorizing the Executive Department to interfere with the privacy of communication, the liberty of abode, and the right to travel before these rights may be impaired or curtailed.
5 The Constitution now provides that the suspension of the privilege of the writ of habeas corpus does not suspend the right to bail, thus resolving a doctrinal dispute of long standing.
6 The suspension of the privilege of the writ of habeas corpus and the proclamation of martial law have been limited to sixty (60) days and are now subject to the power of Congress to revoke. In addition, the Supreme Court is given the jurisdiction, upon the petition of any citizen to determine the sufficiency of the factual basis of the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law.
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