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GOOD CITIZENSHIP

Rights and responsibilities of citizens


1.The Bills of Rights of Filipinos
2.Basic Values of Filipinos
3.Nationalism and Patriotism for
National Development
4.Community Service and
Volunteerism
The Bill of Rights of Filipinos
“There is no Constitution worthy of the name without a bill or declaration of rights”
- Justice Laurel
Concept of a Bill of Rights
It is a declaration and enumeration of a person’s rights
and privileges which the Constitution is designed to
protect against violation by the government, or by
individual or groups of individuals.
It is a charter of liberties for the individual and a
limitation upon the power of the State.
Significance
To know the things we are entitled to against any
government on earth, general or particular, and what
no government should refuse or rest on inference
Classes of Rights
1. Natural rights – rights which are possessed by every citizen
without being granted by the State for they are given to man by
God as a human being so that he may live a happy life.

2. Constitutional rights – rights which are conferred and


protected by the Constitution.

3. Statutory rights – rights which are provided by laws


promulgated by the law-making body and may be abolished by
the same body.
CLASSIFICATION OF CONSTITUTIONAL RIGHTS
1. Political Rights – the power to participate directly or
indirectly in the establishment or administration of the
government.
2. Civil Rights – a law which secures private individuals for the
purpose of securing enjoyment of their means of happiness.
3. Social and Economic Rights – intended to insure the well –
being and economic security of an individual.
4. Rights of the Accused – intended for the protection of a
person accused of any crime.
Article III, 1987 Philippine Constitution

Section 1
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
What is due process?
Any deprivation of life, liberty, or property is with due
process if it is done under the authority of a law that
is valid (i.e., not contrary to the Constitution) or of
the Constitution itself, and after compliance with fair
and reasonable methods of procedure prescribed by
law.
ASPECTS OF DUE PROCESS OF LAW.
1. Procedural due process which refers to the method or manner
by which the law is enforced. Daniel Webster’s famous
definition: a procedure “which hears before it condemn, which
proceed s upon inquiry, and renders judgment only after trial.”
An indispensable requisite of this aspect of due process is the
requirement of notice and hearing
2. Substantial due process which requires that the law itself, not
merely the procedures by which the law would be enforced, is
fair, reasonable, and just. In other words, no person shall be
deprived of his life, liberty, or property for arbitrary reasons or
on flimsy grounds.
PROCEDURAL DUE PROCESS.

1. In judicial proceedings-For the most part, procedural due


process has its application in judicial proceedings, civil or
criminal. It requires:
a. An impartial court clothed by law with authority to hear
and determine the matter before it;
b. Jurisdiction lawfully acquired over the person of the
defendant or property which is the subject matter of the
proceeding;
c. Opportunity to be heard given the defendant; and
d. Judgment to be rendered after the lawful hearing.
2. In administrative proceedings- Due process, however, is not
always judicial process. In certain proceedings of an
administrative character, notice and hearing may be
dispensed with, where because of public need or for practical
reasons, the same is not feasible. Thus, an offender may be
arrested pending the filing of charges, or an officer or
employee may be suspended pending an investigation for
violation of civil service rules and regulation.
Substantive due process.

Viewed in its substantive aspect, due process of law requires that


the law in question affecting life, liberty, or property be a valid
law, i.e., within the power of the law-making body to enact and is
reasonable in its operation.
Meaning of life- Life, as protected by due process of law, means something
more than mere animal existence. The prohibition against its deprivation
without due process extends to all the limbs and faculties by which life is
enjoyed.
Meaning of liberty- Liberty, as protected by due process of law, denotes not
merely freedom from physical restraint e.g. imprisonment. It also embraces
the right of man to use his faculties with which he has been endowed by his
Creator subject only to the limitation that he does not violate the law or the
rights of others.
Meaning of property- Property, as protected by due process of law, may refer
to the thing itself or to the right over a thing. It includes the right to own,
use, transmit and even to destroy, subject to the right of the State and of
other persons.
MEANING OF EQUAL PROTECTION OF THE LAWS.

Equal protection of the laws signifies that “all persons subject to


legislation should be treated alike, under like circumstance and
conditions both in the privileges conferred and liabilities
imposed.”
What it prohibits is class legislation, which discriminates against
some and favors others when both are similarly situated or
circumstanced.
Section 2

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 determined 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.
MEANING OF SEARCH WARRANT AND WARRANT OF ARREST

(1) A search warrant is an order in writing , issued in the name of


the People of the Philippines, signed by a judge and directed to
a peace officer, commanding him to search for certain personal
property and bring it before the court.
(2) If the command is to arrest a person designated, i.e., to take him
into custody in order that he may bound to answer for the
commission of an offense, the written order is called warrant of
arrest.
SCOPE OF THE PROTECTION.
(1) Persons.- The protection applies to everybody, to citizens as well
as aliens in the Philippines, whether accused of crime or not.
Corporations are also entitled to the protection.
(2) Houses.- The protection is not limited to dwelling houses but
extends to a garage, warehouse, shop, store, office , and even a
safety deposit vault. It does not extend, however, to the open
spaces and fields belonging to one.
(3) Papers and effect.- They include sealed letters and packages in
the mail which may be opened and examined only in pursuance
of a valid search warrant.
WHAT CONSTITUTES A REASONABLE OR UNREASONABLE SEARCH OR
SEIZURE IN ANY PARTICULAR CASE IS A PURELY JUDICIAL QUESTION
(I.E., ONLY COURTS ARE EMPOWERED TO RULE UPON),
DETERMINABLE FROM A CONSIDERATION OF THE CIRCUMSRTANCES
INVOLVED.
REQUISITES FOR VALID SEARCH WARRANT OR WARRANT OF ARREST
They are:
(1) It must be issued upon probable cause;
(2) The probable cause must be determined personally by the judge
himself,
(3) Such determination of the existence of probable cause must be
made after examination by the judge of the complainant and the
witnesses he may produce; and
(4) The warrant must particularly describe the place to be searched,
and the persons or things to be seized
The law prohibits the issuance of a search warrant for more than
one specific offense.
MEANING OF PROBABLE CAUSE.

By probable cause is meant such facts and circumstances


antecedent to the issuance of a warrant sufficient in themselves to
induce a cautious man to rely upon them and act in pursuance
thereof.
It presupposes the introduction of competent proof that the party
against whom a warrant is sought to be issued has performed
particular acts, or committed specific omissions, violating a given
provision of our criminal laws.
WHEN SEARCH AND SEIZURE MAY BE MADE WITHOUT WARRANT

In the following instances:


(1) Where there is consent or waiver,
(2) Where search is an incident to a lawful arrest,
(3) In the case of contraband or forfeited goods being transported
by ship automobile, or other vehicle, where the officer making it
has reasonable cause for believing that the latter contains them,
in view of the difficulty attendant to securing a search warrant,
(4) Where, without a search, the possession of articles prohibited
by law is disclosed to plain view or is open to eye and hand
(5) As an incident of inspection, supervision and regulation in the exercise of police
power such as inspection of restaurants by health officers, of factories by labor
inspectors, etc. The same thing may be said of inspection of books of accounts by
revenue examiners, and
(6) Routinary searches usually made at the border or at ports of entry in the
interest of national security and for the proper enforcement of customs and
immigration laws.
WHEN ARREST MAY BE MADE WITHOUT WARRANT.
A peace officer or private person may, without a warrant, arrest a
person:
(1) When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to commit
an offense;
(2) When an offense has in fact just been committed and he has
personal knowledge of facts indicating that the person to be
arrested has committed it ; and
(3) When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
judgment or temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to
another.
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 bailable 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 from shall exist except as punishment for a
crime whereof the party shall be duly convicted.
Section 19

1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman


punishment inflicted. Neither shall 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.