Legal and Moral Rights: Prepared By: GROUP 4

LEGAL AND
MORAL RIGHTS
Prepared by: GROUP 4
LEGAL RIGHTS
referes to right according to
law.
Rights that are on the book.

Legal Rights are divided into Three
1. Civil Rights
2. Political Rights
3. Economic, Social and Cultural Rights

THE 1987 CONSTITUTION OF THE REPUBLIC
OF THE PHILIPPINES ARTICLE III
Section 1. The Right to Life.

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.
Section 2. The Rights to Private Property.
The right of the people to be secure 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 determine
personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be
searched and the persons or things to be seized.
Section 3.
1. The privacy of communication and
correspondence shall be inviolable except upon
lawful order of the court, or when public safety
or order requires otherwise, as prescribed by
law.
2. Any evidence obtained in violation of this or
the preceding section shall be inadmissible for
any purpose in any proceeding.
Section 4.
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.
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.
 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.
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.
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.
Section 9
•Private property shall not be taken for
public use without just compensation.
Section 10
•No law impairing the obligation of
contracts shall be passed.
Section 11
• Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any
person by reason of poverty.
Section 12
• (1) Any person under investigation for the
commission of an offense shall have the right to
be informed of his right to remain silent and to
have competent and independent counsel
preferably of his own choice. If the person
cannot afford the services of counsel, he must be
provided with one. These rights cannot be
waived except in writing and in the presence of
counsel.
• (2) No torture, force, violence, threat,
intimidation, or any other means which vitiate
the free will shall be used against him. Secret
detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
• (3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him
(4) The law shall provide for penal and civil
sanctions for violations of this section as well as
compensation to and rehabilitation of victims of
torture or similar practices, and their families.
Section 13
• All persons, except those charged with offenses
punishable by reclusion Perpetua when evidence of
guilt is strong, shall, before conviction, be bail able
by sufficient sureties, or be released on recognizance
as may be provided by law. The right to bail shall not
be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not
be required.
Section 14
• (1) No person shall be held to answer for a
criminal offense without due process of law.
• (2) In all criminal prosecutions, the accused
shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the
nature and cause of
the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to
secure the attendance of witnesses and the
production of evidence in his behalf. However,
after arraignment, trial may proceed
notwithstanding the absence of the accused
provided that he has been duly notified and his
failure to appear is unjustifiable.
Section 15.
The privilege of the writ of habeas corpus shall
not be suspended except in cases of invasion or rebellion
when the public safety requires it.
Section 16.
All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.
Section 17.
No person shall be compelled to be a witness
against himself.
Section 18
(1) No person shall be detained solely by
reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form
shall exist except as a punishment for a
crime whereof the party shall have been duly
convicted.
Section 19
(1) Excessive fines shall not be imposed, nor
cruel, degrading or inhuman punishment
inflicted. Neither shall the death penalty be
imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already
imposed shall be reduced to reclusion Perpetua.
(2) The employment of physical,
psychological, or degrading punishment
against any prisoner or detainee or the use
of substandard or inadequate penal facilities
under subhuman conditions shall be dealt
with by law.
Section 20.
No person shall be imprisoned for debt or non-payment
of a poll tax.
Section 21.
No person shall be twice put in jeopardy of punishment
for the same offense. If an act is punished by a law and an
ordinance, conviction or acquittal under either shall constitute
a bar to another prosecution for the same act.
Section 22.
No ex post facto law or bill of attainder shall be enacted.
MORAL RIGHTS
Moral rights are rights of creators of copyrighted works
generally recognized in civil law jurisdictions and, to a
lesser extent, in some common law jurisdictions. They
include the right of attribution, the right to have a work
published anonymously or pseudonymously, and the right to
the integrity of the work. Legal Definition of right of
attribution : the moral right of the creator of visual art to
claim authorship of a work and to deny authorship of a
modification of the work or of another's work.
Moral rights require that your name is always
shown with your work. This is called right of
attribution. For example:
your name should always appear next to your
artwork in an exhibition
 your name should always appear in the credits of
a film you performed in
your name should always appear with any
writing you have published
Moral rights also require that your work is not
treated in any way that hurts your reputation.
In the United States, the term "moral rights"
typically refers to the right of an author to prevent
revision, alteration, or distortion of her work,
regardless of who owns the work.
The Visual Artists Rights Act of 1990 (VARA), 17
U.S.C. § 106A, is a United States law granting
certain rights to artists.
CONTROVERSIAL CASES
1. Adidas America Inc. v. Payless Shoe source Inc.
2. Kent Twitchell's Vs. US Government
3. 21 graffiti artists Vs. The Developer and property
owner of 5 Pointz open air graffiti museum.
Moral rights:
1.Right of Attribution
2.Right of Integrity
3.Right of Infringement

Legal and Moral Rights: Prepared By: GROUP 4

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LEGAL AND

Rights that are on the book.

3. Economic, Social and Cultural Rights

Section 1. The Right to Life.

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