National Service Training Program Citizenship Training Module

United Nations Principles on Human Rights

  • Human rights are recognized as universal, inalienable, indivisible, interdependent, and interrelated.

  • Universality and Inalienability: These rights are universal because every person is born with and possesses them regardless of geographic location, gender, race, religion, or ethnic background. They are inalienable because they can never be taken away. This principle is grounded in Article 1 of the Universal Declaration of Human Rights, which states: "All human beings are born free and equal in dignity and rights."

  • Indivisibility: Human rights are inherent to the dignity of every person, whether they are civil, cultural, economic, political, or social. All rights have equal status and cannot be ranked hierarchically. Denying one right negatively affects the enjoyment of others. For example, an adequate standard of living cannot be compromised to provide rights to health or education.

  • Interdependence and Interrelatedness: Each right contributes to the realization of human dignity by satisfying developmental, physical, psychological, and spiritual needs. The fulfillment of one right often relies on the fulfillment of others. For instance, the right to health may depend on the right to education, development, or information.

  • Equality and Non-discrimination: All individuals are equal by virtue of their inherent human dignity. No person should suffer discrimination based on race, color, ethnicity, gender, age, language, sexual orientation, religion, political opinion, national origin, disability, property, birth, or other status.

  • Participation and Inclusion: Individuals have the right to participate in and access information regarding decision-making processes that affect their lives. This requires high levels of participation from communities, minorities, women, young people, and indigenous groups.

  • Accountability and Rule of Law: States and duty-bearers are answerable for observing human rights and must comply with international legal norms. Redress for violations can be sought through competent courts or adjudicators. Media, civil society, and the international community are vital in holding governments accountable.

The Nature and Evolution of the Philippine Constitution

  • Definitions of a Constitution:

    • Cooley's Definition: "That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised."

    • Justice Malcolm's Description: "The written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic."

  • Purposes of the Constitution: To prescribe the permanent framework of a system of government, assign respective powers and duties to departments, and establish fixed principles upon which the government is founded.

  • Constitutional Law Concepts:

    • The Constitution recognizes and protects basic individual rights, such as religious freedom, but does not create them.

    • It is the consequence, not the cause, of personal and political freedom.

  • Supremacy of the Constitution: It is the paramount law to which all other laws and officials must conform. No act is valid if it conflicts with the Constitution. It must be upheld unless changed by the sovereign people to prevent the usurpation of law by illegitimate power.

  • Chronological Evolution:

    1. Malolos Constitution (1898189819011901): The first Philippine Constitution and the first republican constitution in Asia.

    2. Philippine Organic Act of 19021902 & Philippine Autonomy Act of 19161916 (1902190219351935): Provided for a Philippine Assembly and the first pledge of independence.

    3. Commonwealth and Third Republic/19351935 Constitution (1935193519431943 & 1945194519721972): Created following the Philippine Independence Act of 19341934. It was ratified on May 1414, 19351935. It changed the legislature from unicameral to bicameral in 19401940 and adjusted presidential terms from 66 years without reelection to 44 years with one possible reelection.

    4. Japanese-Sponsored Republic/Second Republic/19431943 Constitution (1943194319451945): Used during World War II under President Jose P. Laurel after the Japanese nullified the previous constitution.

    5. Law Constitution/19731973 Constitution (1973197319861986): Formed during the Ferdinand Marcos regime. Ratified via Viva Voce through Presidential Decree No. 8686, s. 19721972.

    6. Freedom Constitution/19871987 Constitution (19871987 – Present): Promulgated after Martial Law under Corazon Aquino. Written by a Constitutional Commission and ratified on February 1111, 19871987, following a national plebiscite on February 22, 19871987.

Components of the Philippine Constitution

  • Preamble: The sovereign Filipino people, seeking the aid of Almighty God, aim to build a just and humane society and a government embodying ideals/aspirations, promoting the common good, conserving patrimony, and securing independence and democracy under the rule of law and regimes of truth, justice, freedom, love, equality, and peace.

  • Three Pillars of the Constitution:

    • Constitution of Government: Establishes the basic structure and operations of the branches.

    • Constitution of Sovereignty: Outlines how the Constitution may be changed.

    • Constitution of Liberty: Enumerates fundamental rights.

The Structure of the Philippine Government

  • Legislative Department (Article VI): Tasked with making laws.

    • The Senate: 2424 senators serving 66-year terms, limited to 22 consecutive terms. Led by the Senate President.

    • The House of Representatives: Maximum of 250250 members (unless increased by law) representing legislative districts and marginalized groups via the Party List system. Members serve 33-year terms, limited to 33 consecutive terms. Led by the Speaker.

    • Power of the Purse: Congress controls the government budget and spending.

  • Executive Department (Article VII): Responsible for implementing laws.

    • President: Head of state, lead of executive agencies, and Commander-in-Chief. Serves a single 66-year term with no eligibility for reelection.

    • Vice President: Serves a 66-year term, limited to 22 consecutive terms. Successor to the President in case of death, disability, removal, or resignation.

    • Foreign Policy: The President is the Chief Architect, but treaties require concurrence from at least two-thirds (23\frac{2}{3}) of the Senate.

  • The Judiciary (Article VIII): Interprets the laws.

    • Supreme Court: Composed of a Chief Justice and 1414 Associate Justices. They serve until age 7070 or until incapacitated. All members must be licensed lawyers (Philippine Bar members).

  • Independent and Special Offices (Article IX):

    • Civil Service Commission (CSC): Central personnel agency managing public service admission and conduct.

    • Commission on Elections (COMELEC): Enforces election laws and decides controversies for regional, provincial, and city officials.

    • Commission on Audit (COA): Ensures government funds are accounted for, including GOCCs and state universities.

    • Commission on Human Rights (CHR): Investigate civil and political rights violations by state actors to prevent abuse of power.

  • Local Government Units (LGUs): Includes provinces, cities, municipalities, and barangays, with provisions for autonomous regions in Muslim Mindanao and the Cordilleras.

  • Other Mandated Entities: Sandiganbayan, Ombudsman (Tanodbayan), National Economic Development Administration (NEDA), and the Central Bank.

Constitution of Sovereignty and Amendments

  • Article XVII: Provides three methods for proposing changes:

    • Congress: Requires a three-fourths (34\frac{3}{4}) vote of all its members.

    • Constitutional Convention (Con-Con): Called by a two-thirds (23\frac{2}{3}) vote of Congress, or submitted to the electorate via a majority vote.

    • People's Initiative: For amendments only. Petition signed by at least 12%12\% of total registered voters, with at least 3%3\% of registered voters in every legislative district. This cannot be held within 55 years of ratification or more than once every 55 years thereafter.

Detailed Bill of Rights (Article III)

  • Section 1: Right to due process and equal protection of law.

  • Section 2: Protection against unreasonable searches and seizures. Warrants require probable cause determined personally by a judge.

  • Section 3: Privacy of communication is inviolable. Illegally obtained evidence is inadmissible.

  • Section 4: Freedom of speech, expression, press, and assembly.

  • Section 5: Freedom of religion; no religious test for civil/political rights.

  • Section 6: Liberty of abode and right to travel.

  • Section 7: Right to information on matters of public concern.

  • Section 8: Right to form unions or associations.

  • Section 9: Private property shall not be taken for public use without just compensation.

  • Section 10: Non-impairment of contract obligations.

  • Section 11: Free access to courts and legal assistance for the poor.

  • Section 12: Rights of persons under investigation: right to remain silent, right to independent counsel, and prohibition of torture or secret detention.

  • Section 13: Right to bail, except for offenses punishable by reclusion perpetua when evidence is strong.

  • Section 14: Presumption of innocence and right to a speedy, impartial trial. Trial in absentia is allowed after arraignment if the accused was notified.

  • Section 15: Privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion.

  • Section 16: Right to speedy disposition of cases.

  • Section 17: Right against self-incrimination.

  • Section 18: Prohibition of detention solely for political beliefs and prohibition of involuntary servitude.

  • Section 19: Prohibition of excessive fines and cruel punishment. Abolition of death penalty (reduced to reclusion perpetua) unless Congress provides for it regarding heinous crimes.

  • Section 20: No imprisonment for debt or non-payment of poll tax.

  • Section 21: Right against double-jeopardy.

  • Section 22: No ex post facto law or bill of attainder.

Duties and Responsibilities of Filipino Citizens

  1. Respect and honor Filipino heritage, patrimony, values, and tradition.

  2. Contribute to development, welfare, and nation-building.

  3. Engage in gainful work to provide a life of human dignity.

  4. Maintain loyalty to the federal republic and national consciousness.

  5. Uphold the Constitution, obey laws, pay taxes, and cooperate with authorities.

  6. Honor the Philippine flag, National Anthem, President, and symbols.

  7. Defend national territory and protect sovereignty.

  8. Report plots of terrorism, rebellion, subversion, or insurrection.

  9. Report corruption and fraudulent officials; avoid bribery and abandonment of responsibility.

  10. Elect government officials. Omission of voting may indicate renunciation of suffrage, though no excessive penalty shall be imposed for not voting.

Flag and Heraldic Code of the Philippines (RA 8491)

  • Policy: Reverence and respect for the flag, anthem, and symbols which express sovereignty and national solidarity.

  • Key Definitions:

    • Military: Armed Forces of the Philippines, PNP, BJMP, Bureau of Fire Protection.

    • Festoon: Hanging in a curved shape between two points.

    • National Flag: The National Flag and Ensign used on land, air, and sea.

    • Fly: The part of the flag outside the hoist.

    • Hoist: The sleeve or part nearest the staff.

    • Half-mast: Lowering the flag to one-half the distance between pole top and bottom.

    • Halyard: The long rope used to raise the flag.

    • Inclement Weather: When a typhoon signal is raised in the locality.

    • National Anthem: "Lupang Hinirang."

    • Official Residences: Malacaang and residences occupied by Consulates/Embassies.

    • Places of Frivolity: Places marked by boisterous merriment.

    • Vexillary items: National, local, house, or institutional banners.

  • Half-Mast Mourning Periods:

    • President/Former President: 1010 days.

    • Vice President, Chief Justice, Senate President, Speaker: 77 days.

    • Cabinet Secretaries, Associate Justices, Senators, Representatives, AFP Chief of Staff, PNP Director-General: 55 days.

    • Heads of Gov Agencies, GOCCs, Financial Institutions: 33 days.

    • Commanding Generals of Air Force/Army, Navy Flag Officer: 33 days.

    • Governors, Mayors, Vice Governors/Mayors: 33 days.

    • Local Council Members (Sanggunian): Day of interment.

    • Veterans, Barangay Chairmen/Councilmen: Day of interment.

  • Casket Protocol: The flag covers caskets of honored men. It must not touch the ground. The white triangle is placed at the head, and the blue field covers the right side. Religious objects representing "God above country" are the only items allowed on top.

  • Prohibited Acts:

    • Mutilating, defacing, or trampling the flag.

    • Using the flag as a drapery, tablecloth, or covering.

    • Using it as a pennant on motor vehicles.

    • Displaying it horizontally (it must fall freely).

    • Displaying in places of vice like discotheques and gambling joints.

    • Wearing the flag as a costume or uniform.

    • Adding marks, marks, or advertisements to the flag.

    • Printing the flag on napkins, handkerchiefs, or merchandise.

Filipino Citizenship Values

  • Definitions of Value:

    • Rooted in Latin "valere" (to be strong).

    • Dr. Thomas Q. D. Andres: Things or goals enabling life to be evaluated and directed.

    • Edgar Sheffield Brightman: Realization of desire; whatever is liked or approved.

  • Three Main Traits:

    1. Personalism: Emphasis on interpersonal relations and "personal touch."

    2. Familialism: Prioritizing family interest over the community. Family decides on important matters.

    3. Particularism: Striving to promote personal/family interest. Includes "Pakikisama" (conformity to conduct codes).

  • Filipino Value Orientation Obligations: Relational (pakikipagkapwa), Emotional (damdamin), and Moral (karangalan).

  • Specific Values:

    • Utang na Loob: Debt of gratitude that cannot be translated to money; can last a lifetime.

    • Bahala Na: Derived from "Bathala na" (God will provide). Reflects dependence on the supernatural or fate.

    • Maana Habit: Procrastination ("Mamaya na" or "Bukas na").

    • Ningas Kugon: High initial enthusiasm that quickly fades, leading to half-baked work.

    • Amor Propio: Sense of self-esteem/pride to save "face." Preventing indignity; often results in vindictive reactions to questioning.

    • Bayanihan: Community spirit; helping neighbors to lighten workloads (e.g., moving a bahay-kubo).

Voters Citizenship Education

  • Right to Suffrage: Exercised during elections. Voters are entitled to free and informed choices to determine the government.

  • Philippine Voter Qualifications:

    • Filipino citizen, at least 1818 years old.

    • Resident of the Philippines for 11 year; resident of the specific city/municipality for at least 66 months.

  • Disqualifications:

    • Sentenced to imprisonment for not less than 11 year.

    • Found guilty of rebellion, sedition, or crimes against national security.

    • Insane or incompetent persons.

  • Overseas Absentee Voting: Available to citizens abroad who are 18+18+ and immigrants with an affidavit to resume residence. Disqualified if they renounced citizenship or pledged allegiance to another country.

  • Action Points:

    • Pre-Election: Register, study issues/platforms, set leadership guidelines, participate in debates.

    • During Election: Vote according to conscience and protect the integrity of the vote.

    • Post-Election: Monitor counting, participate in local development planning/consultations, and engage in legislative advocacy.

Volunteer Act of 2007 (RA 9418)

  • Policy: Promote participation of various sectors and international organizations in civic affairs to reach national development.

  • Key Definitions:

    • Volunteerism: Traditional mutual aid and interventions that empower both the beneficiary and volunteer.

    • Volunteer: Individual/group contributing time and resources to a social development cause without monetary equivalent.

    • Voluntary Sector: Philippine society sectors organizing for local/national development.

  • Philippine National Volunteer Service Coordinating Agency (PNVSCA): Created via Executive Order No. 134134 to review policies, provide guidelines, and coordinate national volunteer programs.

  • Multi-Sectoral Advisory Body (MSAB): Created via Executive Order No. 365365 to assist PNVSCA. Members include NEDA, DepED, DFA, DOJ, DILG, DSWD, CHED, PMS, and representatives from corporate, academe, and non-profit sectors.