• Right (Privilege/Benefit)

o “These are what every human being deserves, no matter who they are or where they
live so that we can live in a world that is fair and just”
o Rooted in God’s love when He created us in His own image & likeness

• Duty (Responsibility/Obligation)

o “Something that is your job to do something about, or to think about which affects your
life and other people's lives”

“A right possessed by one person involves, on the part… of others, the obligation to respect that
right. This obligation is called a duty.” ~Coppens, 1895

• Citizen

o Member of a state or a political community

o Whose father or mother is a citizen of the Philippines
o Who is naturalized (formally adopted into the political community) in accordance with
law

• National

o Not vested with civil and political privileges

o No longer has the duties of a Filipino citizen

MY RIGHTS

• Freedom of Speech, of the Press & of Assembly

o Pertain to freedom of expression

o Ensure that the voices of people are heard & their views are considered

• Right to Form Unions, Associations, or Societies

o Only for purposes not contrary to the law

o To pursue specific good of a smaller group

• Right to Privacy

o Freedom to make my own decisions

o Except in those matters that concern the public
o Upholding this right would enable us to become truly the masters of our own destiny
• Right to Information

o Comes with the right to access to all government documents

• Freedom of Religion

o Our right to profess our faith & practice our religion, unlike other countries (e.g. in
France, they are not allowed to wear Crucifix; in China & Vietnam, they cannot talk
about Christianity in public)

• Due Process of Law

o Our life, liberty or property must not be taken away from us, except if needed to promote
the common good

• Equal Protection of the Laws

o The law should not discriminate any class of Filipino citizens but must be made to apply
to all

• Free Access to the Courts & to Legal Assistance

o Right to acquire services of a lawyer [Public Attorney’s Office (PAO)]

• Right to Education

o To hone or develop our potentials to become fully functional and successful citizens

• Right of workers to a Living Wage

o Fair and just compensation for the work they render…

• Right of workers to Safe & Humane Working Conditions

o Safety & good health

o People work to live & not live to work

MY DUTIES AND OBLIGATIONS

• Defend the sate

o How will I defend if I do not know what to defend?

o Know & love my culture as a Filipino
o “Say positive things about our country (especially when talking to foreigners)” ~Alex Lacson
• Contribute to the development & welfare of the state

o Study hard!
 For myself, my family, my country & most especially for GOD!
 Not just to get a good job but to prepare my life ahead!

• Uphold the Constitution & obey the laws

o Start from:
 Come on time
 Throw your garbage properly
 Falling in line
o Obey traffic rules

• Cooperate with duly constituted authorities

o Who are the authorities?

o Not just follow but I also need to understand why I am doing it
o ASK if there is something not clear or if you think that there is something wrong

• Engage in gainful work

o Work so that your family can live

o God gave us our minds and bodies to bear fruit. What happened to the third servant in the
Parable of the Talents? (Mt 25:14-30)

• Register & VOTE!

o We are a republic, the supreme power resides in us!

o Voting is a concrete way of exercising that power J

What happens when I do not fulfill my duties?

 Other people lose their rights

 It’s unfair

 There are consequences affects not only me but also others

 My friends, family & God will not be happy

 I will not grow and develop

 ARTICLE III 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 the equal protection of the laws.

What is Due Process of Law?

It is a legal maxims which hears before it condemns and renders judgment only after trial
Two (2) Aspects of Due Process:
 Procedural Due Process – The manner or procedure which must be followed in the
enforcement or application of law.
 Substantive Due Process – This means that the law to be applied is valid, just and not
arbitrary

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.

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 a certain personal property and
bring it before the court.

When does warrantless search may be conducted by police officers?

Warrantless search may be conducted by police officers when:

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.
4. 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.
6. Routinely searches usually made at the border or at ports of entry in the interest of national security
and for proper enforcement or customs and immigration laws

Warrant of arrest is a written order to arrest a person designated to take him in custody in order that he
may be bound to answer for the commission of an offense.
 When does warrantless arrest maybe conducted by police officers?

Warrantless arrest maybe conducted by police officers when:

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 has been personal knowledge of facts indicating
that a person to be arrested has committed it;
3. When a person to be arrested is a prisoner who has escaped from a penal establishment where he is
serving final judgment or temporarily confined while his case is pending, or has escaped while being
transferred.

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.

What are the incidents that your rights to privacy is not violated?
Our rights to privacy is not violated when:
1. Permissible interference which can be either upon lawful order of the court or when public safety or
order requires otherwise as prescribed by law; and
2. Intervention of the court.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.

 Doctrine of Poisonous Tree is any evidence that is illegally acquired could not be used in court
against the defendant.

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.

Our right to speak and right to a free press end when you start to violate the rights of another person
or the values of the society as a whole; for example, defamation. And as for right to assembly, it will
end when there is need to protect national security or public safety, to protect the rights and
freedoms of other people and to prevent disorder or crime.
 What is the difference between libel and slander?
A written derogatory statement is referred to as libel. Slander is an oral slanderous remark. Libel and
slander were evaluated differently under common law, with libel being considered the more serious
offense.

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.

What are the limitations of our rights to travel?

The limitations of our rights to travel are:

1. Permissible interference. – The right is qualified by the clauses “except upon lawful order of the court”
and “except in the interest of the national security, and public safety or public health as may be provided
by law.
2. Intervention of the court. – Note that under the second limitation, a court order is not necessary. The
determination of the proper executive officer (President) is subject to judicial reviews. A person whose
liberty of abode is violated may petition for a writ of habeas corpus against another holding him in
detention.

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.

What are the documents that we can access concerning our rights to information?

The documents that we can access concerning our rights to information are;
 official records
 documents and papers pertaining to official acts, transactions and decisions
 government research data
 What are the documents that we cannot access concerning our rights to information?

The documents that we cannot access concerning our rights to information are;
 records involving security of the state
 accounts pertaining to military intelligence funds
 trade secrets and banking transactions
 identity of informants in criminal investigation
 confidential diplomatic matters

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.

 Power of Eminent Domain - is the right or power of the State or of those to whom the power has
been lawfully delegated to take private property for public use upon paying to the owner a just
compensation to be ascertained according to law.

 Police Power - has been referred to as the power of the State to enact such laws or regulations
in relation to persons and property as my promote public health, public morals, public safety, and
the general welfare and convince of the people.

 Power of taxation - is the power of the state to impose charge or burden upon persons, property,
or property rights, for the use and support of the government and to enable it to discharge its
appropriate functions.

Section 10. No law impairing the obligation of contracts shall be passed.

Obligation of contract is the law or duty which binds the parties to perform their agreement
according to its terms or intent, if it is not contrary to law, morals, good customs, public order, or public
policy.

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. (Doctrine of Poisonous Tree is any evidence that is illegally acquired could not
be used in court against the defendant.)

(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.

What is Miranda Rights? What are the different rights under the Miranda Rights?
Miranda rights is a constitutional requirement that once an individual is detained by the police there are
certain warnings a police officer is required to give to a detainee. The different rights under the Miranda
Rights are right to remain silent, right to competent and independent counsel, and right to be
informed of such rights.

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.

Bail is the security given for the release of a person in custody of the law, furnished by him
or a bondsman, conditioned upon his appearance before any court as required under the conditions
hereinafter specified.
Bail is the fine which is also the money imposed by the court as a punishment for the crime.

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.

Arraignment is a hearing in which the defendant is formally charged their rights are read the
court will appoint an attorney if the defendant doesn't have one. Also during the arraignment the
defendant can plead either guilty or not guilty of the crime that he is charged with.

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.

What is Writ of Habeas Corpus and its purpose?

The Latin phrase Habeas corpus is used to refer to a legal writ dictating that a person who has been
detained or imprisoned must be brought before a court to determine whether or not they have been
detained lawfully. The writ is intended to prevent individuals from being indefinitely imprisoned
without trial. If you ask a lawyer, most of them will tell you that Habeas corpus means “Produce the
body.”

When is writ of habeas corpus suspended?

The privilege of the writ of habeas corpus (not the writ itself) may be suspended by the president (Art. VII,
Sec 18) in case only of invasion or rebellion, when public safety requires it. Consequently, the person
under detention by the government may not obtain his liberty by its use

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.

Self-incrimination is the giving of evidence that might tend to expose the witness to a
punishment for the crime. Therefore their right against self-incrimination forbids a government from
compelling any person to give testimonial evidence that would likely incriminate him during a criminal
case.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party
shall have been duly convicted.
Section 19. (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 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.

What are the limitations to our rights concerning paying debts?

The limitations to our rights concerning paying debts are: first, creditors can still bring you to the court to
demand an enforced payment of your debt; second, if the person is guilty of his estafa or the crime of
obtaining money dishonestly or by trickery he will be sent to jail.

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.

The Philippine Law Dictionary defines “double jeopardy” to mean that “when a person is
charged with an offense and the case is terminated either by acquittal or conviction or in any
other manner without the consent of the accused, the latter cannot again be charged with the same or
identical offense.”

Section 22. No ex post facto law or bill of attainder shall be enacted.

An ex post facto law is a law that retroactively changes the legal consequences of actions that
were committed, or relationships that existed, before the enactment of the law.

A bill of attainder was a legislative act that singled out one or more persons and imposed
punishment on them, without benefit of trial.