Congress which, in the very nature of things, can be withdrawn at any time.

205. The Philippine Bill of Rights. The portion of the fundamental law whose purpose is to protect the citizen against the tyranny of government or of any official, is called a bill of rights. The Magna Charta of England and the first ten Amendments to the Constitution of the United States are notable examples of bills of rights.

The principal source of the basic American principles extended to the Philippines is naturally at the present time the Jones Law, which reenacted with slight modifications the fundamental rights enumerated in the Philippine Bill of 1902, and the instructions of the President to the Second Philippine Commission. The Philippine Bill of Rights constitutes Section 3 of the Jones Law, and is as follows:

"That no law shall be enacted in said islands which shall deprive any person of life, liberty, or property without due process of law, or deny to any person therein the equal protection of the laws. Private property shall not be taken for public use without just compensation.

"That in all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel, to demand the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to compel the attendance of witnesses in his behalf.

"That no person shall be held to answer for a criminal offense without due process of law; and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself.

"That all persons shall before conviction be bailable by sufficient sureties, except for capital offenses.

"That no law impairing the obligation of contracts shall be enacted.

"That no person shall be imprisoned for debt.

“That the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion, insurrection, or invasion the public safety may require it, in either of which events the same may be suspended by the President, or by the Governor-General, wherever during such period the necessity for such suspension shall exist.

"That no ex post facto law or bill of attainder shall be enacted nor shall the law of primogeniture ever be in force in the Philippines.

"That no law granting a title of nobility shall be enacted, and no person holding any office of profit or trust in said islands shall, without the consent of the Congress of the United States, accept any present, emolument, office, or title of any kind whatever from any king, queen, prince, or foreign State.

"That excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishment inflicted.

"That the right to be secure against unreasonable searches and seizures shall not be violated.

"That slavery shall not exist in said islands; nor shall involuntary servitude exist therein except as a punishment for crime whereof the party shall have been duly convicted. That no law shall be passed abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.

"That no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof,

and that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be aliowed; and no religious test shall be required for the exercise of civil or political rights. No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such. Contracting of polygamous or plural marriages hereafter is prohibited. That no law shall be construed to permit polygamous or plural marriages. "That no money shall be paid out of the treasury except in pursuance of an appropriation by law.

"That the rule of taxation in said islands shall be uniform.

"That no bill which may be enacted into law shall embrace more than one subject, and that subject shall be expressed in the title of the bill.

"That no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.

"That all money collected on any tax levied or assessed for a special purpose shall be treated as a special fund in the treasury and paid out for such purpose only."

The Philippine Bill of Rights, having been taken almost word for word from the American Bill of Rights, has neces/sarily brought to the Islands the many and valued interpretations of the American courts. The interpretation made by these courts is naturally binding on the Philippine courts. 206. Rights withheld from the Filipino People. Both the President and the Congress of the United States have

withheld from the Filipino people three rights which are contained in the American Constitution. These are, (1) trial' by jury, (2) the right to keep and bear arms, (3) and the security of dwelling against the quartering of soldiers in time

of peace.

The reason for reserving the trial by jury appears to be, as stated by an American justice of the Supreme Court of the United States, that "the civilized portion of the Islands had a system of jurisprudence founded upon the civil law, and the uncivilized parts of the Archipelago were wholly unfitted to exercise the right of trial by jury." A near equivalent of a trial by jury in the Philippines is the right authorized by law to demand assessors in certain cases in justice of the peace courts and in Courts of First Instance. The function of the assessors is to aid and advise the judge in finding facts.

The right to bear arms was originally promulgated in the United States during the early times when it was necessary for ordinary citizens to bear arms for personal protection. Now, however, in the United States, even where the constitutional provision exists, the right to bear arms is subject to regulations and restrictions by the state legislatures. The regulations established in the Philippines for the possession of firearms could very well be established in the United States.

As for the third right, the inhibition against the quartering of soldiers in private houses in time of peace, "its declaration seems to savor of idle form and ceremony." No quartering of soldiers is practiced either here or in the United States. 207. Rights Classified, Defined, and Named. — The rights of man may be classified as civil and political.

1 Mr. Justice Day in Dorr v. U.S., 195 U.S. 138.

2 Cooley's Constitutional Limitations, 7th ed., page 435.

Civil rights are those which are accorded to every member of a district, community, or nation. Some civil rights are the right of religious liberty; the prohibitions against slavery and involuntary servitude and imprisonment for debt; security of the dwelling and the person; right of domicile; freedom of contract, and right to an education.

| Political rights are those which relate to the participation of the individual, directly or indirectly, in the establishment or administration of government. Among the political rights are the right of freedom of speech and press, the right of assembly and petition, the right of citizenship the right of suffrage, the right to local self-government, and the right to hold office.

In the interpretation of .constitutional provisions, the American courts have also enunciated as fundamental the following economic and social rights: equal opportunities for all in the open market; right to effective protection against criminals; cheaper and quicker justice; the freedom of the consumer from extortionate and oppressive charges in all articles of common use; inhibition against the deprivation of opportunities for improvement, education, and recreation even with due process of law; freedom from overcrowded, insanitary houses, factories, and stores; right to full participation in economic progress and a salary or wage payment that will support a reasonable standard of life; right to æsthetic and other higher enjoyments of civilization.1

208. Civil Liberty Distinguished from License. The civil and political rights granted the individual do not mean unlimited and unhindered liberty for the individual. It is true that these fundamental rights are given to make men free, but this is liberty without license. As the Filipino statesman, Apolinario Mabini, said:

1 See Young, The New American Government and its Work, pages 498 et seq.