CITIZENSHIP

We, The Filipino People

What does it mean to be a citizen?

Legal Basis
Active Citizenship & Voluntarism
Respect for National Symbols
DEMOCRATIC CITIZENSHIP
“Persons have equal rights and dignity, where the
law is made by the people for the people.
Legal and political equality, together with the
principle of non-discrimination, combine with the
pursuit of the maximum extension of rights and
duties in a democratic society”
(Audigier, 2000:17)
DEMOCRATIC CITIZENSHIP
“Citizenship or the relationship that binds
individuals with the state and state with individuals
is such that it allows bringing the society closer to
the ideals of democracy”

(NSTP Module, 2016:7)

Legal Basis
Citizens’ rights under
the Philippine
democracy
INHERENT STATE POWERS

The right of the state to take private

property in order to raise revenue to defray
the necessary expenses of the government.
1, Article IV, 1987 Philippine
Constitution)
POWER OF TAXATION
INHERENT STATE POWERS

The power of the state to restrain

and regulate the use of liberty and
property to promote the public welfare.

POLICE POWER
INHERENT STATE POWERS

The right of the state to take or

expropriate private property
for public use upon payment of just
compensation

IMMINENT DOMAIN
 Who is a citizen?
(1) Citizens at the time of Constitution’s adoption;
(2) Children of Philippine citizens;
(3) Born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority;
(4) Legally naturalized citizens.
(Section 1, Article IV, 1987 Philippine
Constitution)
 OTHER CONSIDERATIONS
Section 2. Natural-born citizens are those who are
citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine
citizenship.
Those who elect Philippine citizenship in accordance with
paragraph (3), Section 1 hereof shall be deemed natural-
born citizens.
Section 3. Philippine citizenship may be lost or
reacquired in the manner provided by law.
 OTHER CONSIDERATIONS
Section 4. Citizens of the Philippines who marry aliens
shall retain their citizenship, unless by their act or
omission, they are deemed, under the law, to have
renounced it.
Section 5. Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law.
Due Process of Law
A law that hears before it condemns, which
proceeds upon inquiry and judgment only after
trial.
SUFFRAGE
Section 1, Article V, 1987 Constitution
Suffrage may be exercised by all citizens of the Philippines not
otherwise disqualified by law, who are at least eighteen years
of age, and who shall have resided in the Philippines for at
least one year, and in the place wherein they propose to vote,
for at least six months immediately preceding the election. No
literacy, property, or other substantive requirement shall be
imposed on the exercise of suffrage.
BILL OF RIGHTS
Section 1:
No person shall be deprived of life,
liberty or property, without due process of law
nor shall any person be denied of equal protection
of the law.

. (Article III, 1987 Philippine Constitution)

 Section 2. Right to be secure in their persons,

houses, papers, and effects

Against unreasonable searches & 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.
SEARCHES & SEIZURES

Valid Warantless Searches

(1) In times of war and within the area of military operation;
(2) As an incident of a lawful arrest;
(3) When there are prohibited articles open to eye and hand (Open
view doctrine);
(4) When there is consent;
(5) When it is an incident of a valid inspection;

(Section 2, Article III, 1987 Philippine Constitution)

SEARCHES & SEIZURES

Valid Warantless Searches

(6) When a person has in fact just committed, is actually committing,
or is attempting to commit an offense;
(7) When an offense has in fact been committed and he has personal
knowledge of facts indicating that the person to be arrested has
committed it;
(8) 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;
PRIVACY: COMMUNICATION &
CORRESPONDENCE

Inviolable except upon lawful order of the court or

when public safety or order requires otherwise as
prescribed by law;

(Section 3, Article III, 1987 Philippine Constitution)

DOCTRINE OF THE FRUIT OF THE POISONOUS
TREE

Any evidence obtained in violation of this or the

preceding section shall be inadmissible for any
purpose in any proceeding.

(Section 3, Article III, 1987 Philippine Constitution)

FREEDOM OF EXPRESSION

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 on
the government for redress of their grievances;

(Section 4, Article III, 1987 Philippine Constitution)

 FREEDOM OF EXPRESSION

No person shall be detained solely by reason of his

political beliefs and aspirations;

(Section 18(a), Article III, 1987 Philippine Constitution)

ABUSES OF FREEDOM OF EXPRESSION

Clear and present danger rule

Whether the words used are used in such
circumstances and are of such a nature as to create
a clear and present danger that they will bring
about the substantive evils that the state has a right
to prevent
ABUSES OF FREEDOM OF EXPRESSION

Dangerous tendency rule

It is sufficient if the natural tendency and probable
effect of the utterance be to bring about the
substantive evil which the government seeks to
prevent.
ABUSES OF FREEDOM OF EXPRESSION

Balance-of-interest rule
When a particular conduct in the interest of public
order, and the regulation results in the indirect
abridgment of speech, the duty of the courts is to
determine which of the two conflicting interests
demands the greater protection
 ACCESS TO INFORMATION

The right of the people to information 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 a
basis for policy development, shall be afforded the citizen
subject to such limitations as may be provided by law.

(Section 7, Article III, 1987 Philippine Constitution)

 RIGHT OF ASSOCIATION

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 8, Article III, 1987 Philippine Constitution)

RIGHT OF ASSEMBLY AND PETITION

The government cannot altogether bar the use of public

places for lawful assemblies, the most they can do is indicate
the time and conditions for their use.

Pd 880
RIGHTS OF PEOPLE’S ORGANIZATIONS

The State shall respect the role of independent people’s

organizations to enable the people to pursue and protect,
within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and
lawful means. People’s organizations are bona fide
associations of citizens with demonstrated capacity to
promote the public interest and with identifiable leadership,
membership, and structure.

Section 15, Article V, 1987 Constitution

RIGHTS OF PEOPLE’S ORGANIZATIONS

The right of the people and their organizations to

effective and reasonable participation at all levels of
social, political, and economic decision-making
shall not be abridged. The State shall, by law,
facilitate the establishment of adequate
consultation mechanisms.

Section 16, Article V, 1987 Constitution

RIGHT OF ASSEMBLY AND PETITION

The government cannot altogether bar the use of public

places for lawful assemblies, the most they can do is indicate
the time and conditions for their use.

Pd 880
 FREEDOM OF RELIGION

No law shall be made respecting the 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 5, Article III, 1987 Philippine Constitution)

 FREEDOM OF RELIGION

The separation of the state and church shall be

inviolable

(Section 2, Article II, 1987 Philippine Constitution)

 LIBERTY OF ABODE AND TRAVEL

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 6, Article III, 1987 Philippine Constitution)

 RIGHTS OF THE ACCUSED

(1) Any person under investigation for the commission of an

offense shall have the 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;

(Section 12, Article III, 1987 Philippine Constitution)

 RIGHTS OF THE ACCUSED

(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;

(Section 12, Article III, 1987 Philippine Constitution)

 RIGHT AGAINST SELF-INCRIMINATION

No person shall be compelled to be a witness

against himself.

(Section 12, Article III, 1987 Philippine Constitution)

 HABEAS CORPUS

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 15, Article III, 1987 Philippine Constitution)

 PROHIBITED PUNISHMENTS

(1) Excessive fines shall not be imposed, nor cruel, degrading

or inhuman punishment inflicted. Neither shall the death
penalty be imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for it. Any
death penalty already disposed shall be reduced to reclusion
perpetua.

(Section 19, Article III, 1987 Philippine Constitution)

 PROHIBITED PUNISHMENTS

(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 law.

(Section 19, Article III, 1987 Philippine Constitution)

Social Justice & Human Rights

(1) The Congress shall give highest priority to the enactment

of measures that protect and enhance the right of all the
people to human dignity, reduce social, economic, and
political inequalities, and remove cultural inequalities by
equitably diffusing wealth and political power for the common
good. To this end, the State shall regulate the acquisition,
ownership, use, and disposition of property and its
increments.

(Section 1, Article XIII, 1987 Philippine Constitution)

Social Justice & Human Rights

(2) The promotion of social justice shall include the

commitment to create economic opportunities based on
freedom of initiative and self-reliance.

(Section 1, Article XIII, 1987 Philippine Constitution)

Indigenous
Peoples
Rights Act
of 1997
RA No. 8371
Indigenous Peoples (IPs) Rights

(1) To Ancestral Domains (Sec. 7)

(2) To Ancestral Lands (Sec. 8)
(3) To Self-Governance (Sec. 13)
(4) To Use Own Justice System (Sec. 15)
(5) To Participate in Decision-Making (Sec. 16)
(6) To Determine and Decide Priorities for Development
(Sec. 17)
Indigenous Peoples (IPs) Rights

(7) To Equal Protection and Non-Discrimination

(Sec. 21, 23-28)(8) During Armed Conflicts (Sec. 22)
(9) To Preserve and Protect Indigenous Culture, Traditions
and Institutions (Sec. 29)
(10) Community Intellectual Rights (Sec. 32)
(11) Rights to Religious, Cultural Sites and Ceremonies
(Sec. 33)
(12) To Indigenous Knowledge and Practices (Sec. 34)
BREATHER
Congrats!
You made it this far!
Active citizenship is the

active modification
of society for the
better
Volunteering is a civic
act, one that ideally, is
driven by a sense of
‘belonging’
 Volunteer Act of
2007:
Reciprocal relationship of
knowledge advancement
between volunteers from the
academe and the host
community
Focus Question:
As a Filipino youth, in what
specific way can you be an
agent of change? In our
campus? In Baguio City? In your
hometown?