NSTP -CWTS (Bill of Rights)

Citizenship (Lesson 1)

Thomas Hobbes

He is the British philosopher of the 17th century who described this state of humanity as a “state of nature” where life is solitary, nasty, poor, brutish, and short.

constitution

It is that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised.

Constituo

Etymologically, the word “ constitution came from the Latin word

‘_________’, which means fixed, established, and settled.

Conventional or Enacted constitution

It is enacted by a constituent assembly.

Cumulative or evolved

It results from a long period of developments or evolution.

written constitution

Is one that has a definite written form and enacted by a duly constituted authority, like a constitutional convention, and adopted by a particular time.

Unwritten constitution

It is a product of evolution. It consists of a large mass of customs, usages, and a small body of legislative enactments of different dates of a fundamental character.

rigid constitution

It is one that cannot be modified or amended except by special means that is difficult than the process of legislation, e.g., a constitutional convention.

flexible or elastic

It is based on ordinary statutory or legislative enactments, which may be modified in the same manner as ordinary laws.

Natural Rights

those rights possessed by every individual without being granted by the state, for they are given to man by God as a human being.

a. right to live

b. right to love

Statutory Rights

Those rights which are promulgated by the lawmaking body and consequently may be abolished by the same body.

Constitutional Rights

Those rights which are conferred and protected by the constitution.

Political Rights

Rights of the citizens, which give them the power to participate directly or indirectly in the establishment and administration of the government.

Civil Rights

those rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness.
1. Right against involuntary servitude

2. Right against imprisonment for nonpayment of debt or poll tax

3. Constitutional rights of an accused

4. Liberty to abode

5. Social and economic right

6. Freedom of speech

Social and Economic Rights

rights which are intended to ensure the well-being and economic security of the individual.

1. Right to property

2. Right to just compensation for private property

3. Promotion to education

4. Promotion of social justice

5. Utilization of natural resources

Rights of the Accused

Civil rights are intended for the protection of a person accused of any crime.

Charter of Individual Liberties

The Bill of Rights, also known as ______________?

Bill of Rights

This springs from the recognition accorded by the government of the intrinsic value of its people in successful governance.

Right to life

Man’s life is a gift of God. On this premise, it must

be respected by the government and by the citizens. There is

only one condition by which a citizen may be deprived of his

life, that is, when the deprivation is a punishment for a crime

arising out of a conviction by a court of justice after fair trial.

Right to Liberty.

Liberty denotes the state of being not subject to restriction or control; the condition of not being in confinement or servitude. It is the right to act freely and in a manner one chooses. It includes the right to use and enjoy one’s faculties. The right may only be interfered with by the state if in the exercise and enjoyment of the same one trespass upon the rights of others and violate the laws.

Right to property.

The right that is protected in the Constitution refers not only to the possession or the thing but also to the right over the thing. This means that the owner may use his property, dispose it off by sale or donation, or encumber it subject to the right of other persons alone and the inherent power of eminent domain.

Right against unreasonable searches and seizures.

This right is based on the constitutional guarantee of the duty of the

state to provide security to the persons, houses, papers, and

effects of its people. An unreasonable search and seizure is

one that is conducted illegally or without warrant.

Rights to privacy of communication and correspondence.

The provision covers the guarantee from unnecessary interference on the right of the people to respond and communicate with one another. The constitution provide two instances by which the state may lawfully interfere with this freedom. These are:

1. Upon lawful order of the court

2. When public safety or order requires it as provided or

defined by law.

Freedom of expression.

It is the act or process of conveying in words and other medium what one wishes without prior restraint or censorship by the government. The freedom of expression may be regulated by the State to insure that the exercise thereof does not infringe on the rights of others. The constitution guarantees the right of citizens to peacefully assemble in order to express their views and opinions on important public concerns and to petition the government for redness of their grievances.

Freedom of religion.

The right of religious worship means that every person is free to choose the kind of relationship he wants with God and to worship Him in a manner he likes and according to his conscience.

Liberty to abode and of travel.

This means that every person has a right to establish his home in any place. He is also free to change his abode or to transfer it from one place to another. It includes the right to travel freely in the Philippines and outside thereof to any foreign country.

Right to information.

Every Filipinos has the right to gather or obtain information from official records, documents, an papers relating to officials acts, transactions, or decisions of the government.

Limitation of rights to information

Records concerning and affecting the security of

the State and other documents which by their

nature are confidential may not be disclosed to the

public

Right to form association.

The constitution guarantees the right of the people to form or join associations. The right may not be curtailed as long as the societies formed espouse principles and pursue objectives that are not contrary to or against any law.

Right to property.

The right that is protected in the constitution refers not only to the possession or the things itself but also to the right over the things. This means that the owner may use his property, dispose it off by sale or donation, or encumber it subject to the right of other persons alone and the inherent power of eminent domain

Right against impairment of obligation of contracts

A contract obliges the contracting parties to perform their

agreement according to its terms and conditions.

Rights of Persons under Investigation

Also known as Miranda Rights, Rule or Law

Right of free access to the courts.

All citizens, rich or poor, are guaranteed access to the courts of justice and quasi-judicial bodies of the government.

Right to adequate legal assistance

The State, through the Public Attorney’s Office, provides free legal assistance to citizens who are unable to hire a lawyer due to their financial incapacity.

Right to bail

Bail is the security required by the court and given

for the temporary release of the person who is in the custody of

the law, that he will appear before any court in which his

appearance maybe required as stated in the bail bond or

recognizance.

Right to due process of law.

Simply means fair trial, that is, a

person who is charged with a criminal offense before a court is

given the opportunity to defend himself in court and that before

judgment is issued or rendered, there is a trial.

Right to presumption of innocence.

In all criminal prosecutions, the accused is always presumed innocent and according to established rules, and procedures

Right to be informed of the nature and cause of the

accusation.

Every person accused of an offense has the right

to know the nature and the cause of the accusation against him

and why the crime is imputed to him.

Right to confront witness.

The accused has the right to

confront or meet the witness face to face. The grant of this right

to the accused rests on the following qualifications:

To allow the accused to cross examine, through his counsel,

the witnesses against him to test and prove into the veracity or

truth of their testimonies, affidavits, and evidence.

To afford the judge the opportunity to see for himself how the

witnesses behave while testifying and being cross-examined.

Right to compulsory process.

Every person accused of a crime has the right to have a _______________ to secure the appearance or attendance of witnesses and the production of his evidence. __________________ may be done through subpoenas to require or compel a witness to appear and testify in court on his behalf and subpoenas duces tecum to require the production of documents, articles, or any other documentary evidence.

Right to have a speedy, impartial, and public trial.

Section 16 of bill of rights

A speedy trial

One that could be done immediately without capricious delay.

Impartial

it is conducted by the court without bias for or against the litigants, and the case is decided solely on its merits.

Public trial

It is one that is open to the public. In meritorious instances, as when public morals and decency are to be protected, the public may be excluded from the trial.

Right against self-incrimination.

The accused cannot be

compelled to testify against himself. The right to remain silent

is an important corollary to his right. It is based on the

principle of self-preservation.

Right against detention for political beliefs.

The constitution abhors the detention of any person by reason of his political beliefs and aspiration. The right against detention for political

beliefs encourage the citizens to participate actively in the

of the state thereby becoming catalyst of political change

Right against involuntary servitude.

No person can be forced to render compulsory service to another. The exemption is a punishment for a crime. Meaning, that person can be required to render service for a crime he is convicted.

Right against excessive fines.

A person convicted a crime may be meted out a penalty of imprisonment and fine at the same time. The constitution guarantee against excessive fines ordains that the fine imposed on a convict must be the one provided in the law.

Right against cruel, degrading or inhuman punishment.

This means that torture,

mutilation or severance or cutting off of body parts, water

cure, starvation and other barbaric punishments are

prohibited

Protection from Imprisonment

Ensures that individuals cannot be incarcerated simply for failing to pay debts, protecting personal freedom. Restricts the use of imprisonment as a means of enforcing tax collection or debt repayment, emphasizing civil rights.

Economic Justice

Prevents undue hardship on individuals

who may be facing financial difficulties, promoting fairness in

the legal system. While it protects against imprisonment, it still encourages individuals to fulfill their financial obligations without the threat of jail.

Right against double jeopardy.

If a person who is charged with a crime is acquitted

or convicted without his express or written consent, he cannot

anymore be charged with the same offense for to do so would

put him in double jeopardy, The guarantee provides protection

to a person against the chance of being punished or tried twice

for one and the same offense.

No Ex Post Facto Law

Laws cannot be applied retroactively. Individuals cannot be punished for actions that were not illegal at the time they were committed.

No bill attainder

This prohibits the legislature from passing

laws that single out specific individuals or groups for

punishment without a trial.