In the Philippine legal system, the incarceration of an individual does not result in the total forfeiture of their legal personality or the absolute suspension of their rights. While certain liberties are inherently curtailed by the very nature of imprisonment, the prevailing jurisprudence and statutory framework emphasize that Persons Deprived of Liberty (PDL) retain all rights except those restricted by the fact of their detention or by specific provision of law.
1. The General Rule: Retention of Rights
The fundamental principle is that a PDL is still a human being entitled to the protections of the 1987 Philippine Constitution. In the landmark case of Alejano v. Cabuay, the Supreme Court reaffirmed that "confinement of itself does not strip the inmate of all his constitutional rights."
The suspension of rights is selective, not comprehensive. Rights are generally categorized into those that are suspended, those that are restricted, and those that remain fully intact.
2. Civil Rights: What is Suspended vs. Retained?
Civil rights involve the individual’s relationship with the state and their participation in the legal process.
Suspended Rights (Inherent to Detention):
Right to Liberty and Freedom of Movement: This is the primary right suspended upon lawful arrest and conviction.
Right to Privacy (Limited): PDLs have a diminished expectation of privacy. Prison authorities may monitor communications and conduct warrantless searches of cells to maintain institutional security.
Retained Civil Rights:
Right to Life and Physical Integrity: PDLs are protected against torture, "force, violence, threat, intimidation, or any other means which vitiate the free will" (Art. III, Sec. 12, Constitution).
Right to Communication: Subject to reasonable security regulations, PDLs retain the right to correspond with family and legal counsel.
Right to Religious Belief: The state cannot compel or prevent a PDL from practicing their faith, provided it does not compromise prison safety.
Right to Vote: Under current Philippine law and COMELEC guidelines, PDLs who are not yet "disqualified by final judgment" (i.e., those awaiting trial or appealing convictions) retain the right to vote in national and local elections.
3. Economic Rights: The Capacity to Act
Economic rights involve the ownership of property, the right to contract, and the ability to engage in livelihood.
- Property Rights: Incarceration does not divest a person of their assets. A PDL can still own land, receive inheritance, and hold bank accounts.
- The Right to Contract: A PDL generally retains the capacity to enter into contracts. However, the Civil Code of the Philippines (Article 38 and 41) notes that "civil interdiction" serves as a restriction on the capacity to act.
- Civil Interdiction: This is an accessory penalty for those sentenced to Reclusion Perpetua or Reclusion Temporal. Under Article 34 of the Revised Penal Code, civil interdiction deprives the offender of:
- The rights of parental authority or guardianship.
- The right to manage their property.
- The right to dispose of such property by any act or any conveyance inter vivos (during their lifetime).
Important Distinction: Civil interdiction does not apply to all PDLs. It only applies to those convicted of grave felonies where the penalty is specifically imposed. For those in pre-trial detention (detainees), economic rights remain largely unrestricted by law, though physically restricted by the environment.
4. State Obligations and International Standards
The Philippines is a signatory to the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Standard Minimum Rules for the Treatment of Prisoners (The Nelson Mandela Rules). These international instruments mandate that:
- PDLs must be treated with humanity and respect for the inherent dignity of the human person.
- The "principle of normalcy" should apply, meaning life in prison should approximate the positive aspects of life in the community as much as possible.
5. Summary Table of Rights Status
| Right Category | Status | Legal Basis / Condition |
|---|---|---|
| Liberty of Abode | Suspended | Inherent to lawful detention. |
| Right to Counsel | Fully Retained | Art. III, Sec. 12, 1987 Constitution. |
| Voting Rights | Retained | For those without final conviction. |
| Property Ownership | Retained | Article 427, Civil Code. |
| Management of Property | Suspended | Only if under sentence of Civil Interdiction. |
| Right against Torture | Fully Retained | R.A. 9745 (Anti-Torture Act). |
Conclusion
In the Philippines, the suspension of the rights of a PDL is the exception, not the rule. While the state takes away physical liberty to satisfy the requirements of justice and public safety, it is legally bound to protect the civil and economic interests that define the individual's humanity. Except for those specifically stripped by the penalty of civil interdiction, a PDL remains a legal actor capable of holding rights and, eventually, rehabilitating into a productive member of society.