Lesson 5: BILL OF RIGHTS

The Bill of Rights (Article III) is an indispensable part of the Constitution. In fact, it is one of
the most important parts of the fundamental law since it aims at balancing the power of the
government and the various freedoms of the individual. As will be seen throughout the lesson, the
Bill of Rights provide for two things: first, restrictions directed against the state, and, second,
explicit identification and limitation of rights of the individuals.

The government can exercise its tremendous powers, but its powers are limited by the
Constitution. On the other hand, the individuals are guaranteed of their rights, but subject also
to limitations in recognition of the powers of the government. What balances the two (power and
freedom) are the limitations provided by the Constitution. It clarifies the boundaries due to some
instances or situations that results to the overlapping or conflict of the two realms. For example,
while the government has the inherent authority to take and convert a property for public use,
and the people on the other have the right to hold their private property, the Constitution,
contemplating a case of overlap or conflict between the two, compromises both by prescribing
that the government gives just compensation to the private owner who in turn must surrender
his property (Tamayo, 2014).

LESSON OBJECTIVES

By the end of the lesson, the student must be able:

• To be acquainted with their rights as embodied in the 1987 Philippine Constitution;

• To determine the limitations of the powers of the government;
• To explicitly identify the responsibilities and limitations accompanied by the rights
granted to individuals by the constitution; and
• To reflect and gain appreciation to the freedom that the 1989 Constitution has granted,
thus, having will to protect it at all cost.

LESSON MATERIALS

ARTICLE III - BILL OF RIGHTS (1987 Constitution of the Philippines)

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.

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.
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 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.

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.

Meaning of the Bill of Rights

As elucidated by Tamayo, 2016, The Bill of Rights refers to the declaration and
enumeration of the fundamental civil and political rights of a person with the primary purpose of
safeguarding the person from violations by the government, as well as by individuals and group
of individuals. It includes the protection of the following rights:

(a) Civil rights or those rights belonging to individuals by virtue of their citizenship, such
as freedom to contract, right to property, and marriage among others;
(b) Political rights which are rights pertaining to the citizenship of the individual vis-à-vis
the administration of the government, such as right of suffrage right to hold office, and
right to petition for compensation of wrong;
(c) Socio-economic rights or those which ensure the well-being and economic security of
an individual; and
(d) Rights of the accused which refer to protections given to the person of an accused in
any criminal case.

It must be noted that the restriction provided in the Bill of Rights is directed against the
government, so that it does not govern private relations. As far as the Constitution is concerned,
Article III can be invoked only against the government. Nonetheless, with the inclusion of almost
all the constitutional rights in Article 32 of the Civil Code, the same may now be invoked in civil
cases involving relations between private persons. Thus, the definition above indicates that the
bill of rights is a safeguard not just against the abuses of the government but also of individuals or
group of individuals.
RESOURCES:

• Tamayo, M.J.,(2014) Law, Politics and Philosophy: Bill of Rights Retrieved Last: May 2020
https://tamayaosbc.wordpress.com/2014/06/20/bill-of-rights/
• 1987 Constitution of the Philippines
 Lesson 6: CITIZENSHIP AND GOVERNANCE

Citizenship and governance are both key concepts of democracy. Citizenship defines the
democratic subject, or the sovereign, in a legal and political sense in every democratic system. On
the other hand, Governance refers to the development of governing styles in which boundaries
between and within public and private sectors. By digging deeper on both concepts, there would
be a broader understanding with the political stature of the Philippines as a nation- state.

LESSON OBJECTIVES:
By the end of this lesson, the students must be able:
• To analyze the ideas of citizenship and governance;
• To appreciate the role played by the citizens and the actors of governance in the society;
• To understand the essence of exercising one’s citizenship as well as the grounds of
acquiring and dissolving one’s citizenship;
• To differentiate government and governance as ideas that are unique but
interconnected to each other; and
• To understand the role and importance of the indicators of good governance and relate
them to each other.

LESSON MATERIALS:
Governance
According to Tamayo (2014), governance is commonly defined as the exercise of power
or authority by political leaders for the well-being of their country’s citizens or subjects. It is the
complex process whereby some sectors of the society wield power, and enact and promulgate
public policies which directly affect human and institutional interactions, and economic and social
development. The power exercised by the participating sectors of the society is always for the
common good, as it is essential for demanding respect and cooperation from the citizens and the
state. As such, a great deal about governance is the proper and effective utilization of resources.

Governance and Government

Governance is traditionally associated with government. In literatures, they are often used
interchangeably. But in the 1980s, political scientists broadened the meaning of governance as
including, not just government actors, but also civil-society actors. Today, governance includes
three sectors: the public sector (state actors and institutions), the private sector (households and
companies), and the civil society (non-governmental organizations). These three sectors are said
to work hand in hand in the process of governance. This new use of
the term focuses on the role of “networks” in the achievement of the common good, whether
these networks are intergovernmental, transnational, or international. In other words
governance is broader than government in that other sectors are included in it.

Many authors also distinguish the two by associating government with “control and
domination,” and governance with “decentralization and relational management.” On one hand,
government refers to a central institution which wields power over its subjects. It is the instrument
patterned after the model of “command and control,” the government being in command over
the affairs of the people. On the other hand, governance is closely associated with the concept of
decentralization of power and the need for intersectoral management. Governance is based on
the realization that the government cannot do everything for the people, so that in order to
survive the state should not only rely on government but also on the other sectors of the society.

Thus, under the current trend, there is a need to move from the “traditional hierarchical
exercise of power by the government” to the new notion of a “dispersed and relational power in
governance” – from government to governance. To govern should now mean to
facilitate or regulate, not to dominate or command. (Tamayo, 2014)

Governance has three legs: economic, political and administrative. Economic governance
includes decision-making processes that affect a country's economic activities and its
relationships with other economies. It clearly has major implications for equity, poverty and
quality of life. Political governance is the process of decision-making to formulate policy.
Administrative governance is the system of policy implementation (UNDP,2013).

Key Actors of Governance

The UNDP (2013) enumerated the following key actors of governance:

1. The State

The state is the principal actor of government to facilitate participation and provide an
enabling environment to other elements of the society. It is a strong entity that recognizes the
significance and autonomy of the other sectors without overwhelming them.

The state as enabler provides for the legal and regulatory framework and political order
within which firms and organizations can plan and act. It encourages citizens to act by liberating
them from the fear of military reprisals when they criticize policies or serve marginalized groups.
It can assure private firms that policies are fair and not subject to caprice or whim or the private
interest of political officials.
 The state as resource provider facilitates by providing resources to assist markets and
communities. Such resources include information, technical expertise, research and development
programs, physical infrastructure as well as grants-in-aid or incentive schemes.

2. The Private or Business Sector - Corporate Governance

In governance parlance, the private/business sector serves as the engine of the society.
It is an important collaborator in the economic development of the community. It generates jobs
and incomes for the people in the community. Because of its resources such as financial and
technical expertise, it can assist the local government in coming up with an economic plan for
the community and help in the implementation of the plan. It can also provide the needed
resources for the government to enable it to pursue big and wide scale projects that are beyond
the local government’s financial capability. Efficiency and economy are expected outputs or
products of corporate governance. The state provides a level playing field for those able to
compete, and turns its attention to the provisions of safety nets for those unable to do so.

In the field of information technology, the private sector can help the local government
in the development of technologies that would help proper the growth and development of the
economy of the community. In this connection, the private sector can assist the local
government promote the transfer of technology such as the application of spatial planning and
decision support systems for effective local governance.

The participation of market and civil society in governance adds new role to the state and
that is of building partnerships and linkages to the two sectors. Moreover, their engagement of
the state shifts the social picture from elite control to active citizenship.

3. The Civil Society

The Civil Society consists of the complex of citizens and groups outside government
working in the public arena. It is often called as CSOs- civil society organizations and also
sometimes referred to as the Third Sector. This sector plays an important role in the facilitation
and interaction among the key players of local governance. It mobilizes the various groups or
organizations in the community to participate in planning and decision-making process.

The civil society comprises the academe or schools, NGO’s e.g. Association of Schools of
Public Administration in the Philippines, Inc. (ASPAP, Inc) housed at the National College of Public
Administration and Governance which is religiously collaborating with Government and NGOs
(GOP-UNDP Programme, Galing-Pook Foundation, Social Watch Philippines, TAN, TI etc.)
in promoting governance and development.). Other civil society groups include POs and the
voluntary groups.

Indicators of Good Governance

Good governance, according to UNDP (2013), is understood through its eight indicators
or characteristics:
(1) Participatory; (5) Responsive;
(2) Rule of Law; (6) Equitable and Inclusive;
(3) Effective and Efficient; (7) Consensus Oriented; and
(4) Transparent; (8) Accountability

They are inextricably related to each other. For instance, without active participation
among the various actors in governance, there would be a affiliated lack of responsiveness.
Likewise, if decision-making is not transparent, then inevitably there would be no participation,
accountability, and decisions are not consensus oriented. These indicators should, however, be
understood in the context of good “democratic” governance (UNDP,2013).

CITIZENSHIP

Citizenship is the relationship between an individual and a state to which the individual
owes allegiance and in turn is entitled to its protection. Citizenship implies the status of freedom
with accompanying responsibilities. Citizen is a person having the title of citizenship. He is the
member of a democratic community who enjoy full civil and political rights, and is accorded
protection inside and outside the territory of the State. They have certain rights, duties, and
responsibilities that are denied or only partially extended to aliens and other noncitizens residing
in a country. In general, full political rights, including the right to vote and to hold public office,
are predicated upon citizenship. In a monarchial state, they were called a subject. The usual
responsibilities of citizenship are allegiance, taxation, and military service.

An alien is a citizen of a country who is residing in or passing through another country.

They are popularly called “foreigner.” They are not given the full rights to citizenship but is
entitled to receive protection as to his identity or property.

There are general ways of acquiring citizenship.

1. Involuntary Method/Natural-Born Citizen – By birth, because of blood relationship
or place of birth.
There are two principles or rules that govern citizenship by birth namely:
a. Jus Sanguinis- blood relationship is the basis for the acquisition of citizenship
under this rule. The children follow the citizenship of the parents or one of
them.
 b. Jus Soli or Jusloci- place birth serves as the basis for acquiring citizenship under
this rule. A person becomes a citizen of the state where he is born irrespective
of the parents. This principle prevails in the United State.
2. Voluntary Method/Naturalized Citizen - By naturalization, except in case of collective
naturalization of the inhabitants of a territory which takes place when it is ceded by
one state to another as a result of a conquest or treaty.

Citizenship at the time of the adoption of the Constitution.

The citizens referred to are those considered Filipino citizens under the 1973 Constitution
at the time of the affectivity of the new Constitution on February 2, 1987 by virtue of
proclamation No. 58 of the president. The purpose of section 1 is to protect the status of those
who were already citizens at the time the new Constitution took effect. A Filipino citizen under
the 1973 Constitution who has lost his citizenship at the time of the ratification of the new
Constitution is not a citizen of the Philippines.

Citizen through Election under the 1935 Constitution.

Under the 1935 Constitution, a child born of the Filipino mother, who was married to a
foreigner, is born an alien and remains an alien during his minority until he elects Philippines
citizenship. The rule then, as it is now, is that a Filipina does not lose her citizenship by her
marriage to an alien. However, it was not clear whether those who had elected citizenship under
the 1935 Constitution are to be considered as natural-born Filipino citizens.

Citizenship by Blood Relationship.

The Philippines, in accordance with section 1, paragraph 2, follows the principle of the jus
sanguinis. In the determination of the citizenship of the child, Filipino mothers are placed by the
Constitution on equal footing with their husbands. This dignifies the Filipino woman. The Father
or Mother may be a natural-born Filipino or a Filipino by naturalization or by election. If the child
is born in a state where the rule of jus soli obtains, or the child’s father or mother is an alien, it
would be a case of a dual citizenship.

Citizen by Naturalization.

Certain rights and privileges, duties and obligations limited to Filipino citizens. Under the
constitution, only qualified citizens can exercise the right of suffrage. However, there are rights
limited to natural-born citizens. For example, no person may be elected as President or Vice
President or member of Congress, or appointed member of the supreme Court or any lower
collegiate court, or member of any of the Constitutional Commissions, or of the Central Monetary
Authority, Ombudsman or his Deputy unless he is a natural-born citizen of Philippines.

Constitution is Nationalistic in Character.

Care in granting or denying privilege of naturalization essential. If the privilege of

naturalization would be granted on easy terms to foreigner not seriously intent on acquiring
Filipino citizenship but not only desirous of improving his economic condition, then it is likely that
the nationalistic provisions of the Constitution would be reduced to a barren form or words.

Ideal Policy on Naturalization.

The policy on naturalization should be guided by our own national interest. Perhaps the
ideal is that only those who have come to love the country, who have integrated themselves into
the citizenry and who can contribute to the development of the nation should be conferred
citizenship by naturalization.

Naturalization

Naturalization is the act of formally adopting a foreigner into the political body of the state
and clothing him with the rights and privilege of citizenship. It implies the renunciation of a former
nationality and the fact of entrance to a similar relation towards a new body politic.

An alien does not have a natural, inherent or vested fight to be admitted to citizenship in
a state. Citizenship is a matter of grace, favor or privilege which a sovereign government may
confer on, or withhold from, an alien or grant to him under such conditions as it sees fit without
the support of any reason whatsoever. Citizenship in our Republic, be it ever most powerful nation
of the world, can take such citizenship for granted or assume it as a matter of right. In view of the
above principles, the rule is that in case of doubt concerning the grant of citizenship, such doubt
be resolved in favor of the state and against the applicant for naturalization.

Ways of Acquiring by Naturalization.

A person may be naturalized in three ways:

1. By judgment of the court. The foreigner who wants to become a Filipino citizen must
apply for naturalization with the proper regional trail court .the revise naturalization act is the
present naturalization law. Such law shall also continue in force pursuant to the transitory
provision of the Constitution (Art. XVIII, Sec.3.);

2. By direct act of congress. In this case our law-making body simply enacts an act directly
conferring citizenship or a foreigner.

3. By administrative proceeding. Under R.A. No.9139, known as the administrative

naturalization law of 2000,”aliens born and residing in the Philippines may be granted Philippine
citizenship by administrative proceedings before a special committee on naturalization. The
petition for citizenship shall be filled with the committee which has the power to approve, deny
or reject application as provided in the law.

Loss of Citizenship.
A Filipino citizen may lose his citizenship in any of the following ways:

1. Voluntarily. They are:

a. by naturalization in foreign country
b. by express renunciation of citizenship;
c. by subscribing to an oath of allegiance to support the constitution and laws of
a foreign country;
d. by rendering service to, or accepting commission in the armed forces of a
foreign country ( except under certain circumstances).
2. Involuntary. They are :
a. by cancellation of his certificate of naturalization by the court; and
b. by having been declared by competent authority, a disaster in the Philippine
armed force in the time of war.

The voluntary lost or renunciation of one’s nationality is called expatriation. In time of

war, however, a Filipino citizen cannot expatriate himself.

Reacquisition of Lost Philippine Citizenship.

Citizenship may be reacquired:

1. By naturalization provide the applicant possesses none of the disqualifications
provided in the naturalization law.
2. By repatriation of deserters of the Philippines armed forces and women who lost their
citizenship by reason of marriage to an alien, after the termination of their marital status: and
3. By direct act of the congress of the Philippines. Repatriation is affected by merely taking
the necessary oath of allegiance to the Republic of the Philippines and registering the same in the
proper civil registry.
Effect of Marriage of Citizens to an Alien.

Under the section 4, a citizen of the Philippines who marries an aliens does not lost his/her
Philippine citizenship even if by the law s of his/her wife’s/ husband’s country, he/she acquires
her/his nationality.

The exception is where “by their act or omission they are deemed under the law, to have
renounced their citizenship,” such as (under an existing law) subscribing to an oath of allegiance
to support the constitution and the laws of a foreign country. A Filipino Woman, who upon
marriage to an alien acquires his citizenship, will possesses two citizenships Philippine citizenship
and that of her husband.

Dual Allegiance of Citizens.

Section 5 prohibits more particularly naturalized Filipinos from practicing what is called
“dual allegiance” which refers to the continued allegiance of naturalized national to their country
even after they have acquired Filipino citizenship. It is declared inimical to national interest. And
congress is required that it be dealt with by law.

Note that the Section 5 prohibits is not dual citizenship but dual allegiance of citizenship
arises because our laws cannot control laws of other countries on citizenship. While it is not per
se objectionable, the status of dual citizenship may be regulated or restricted by law where it is
conductive or could lead to dual allegiance.

Dual citizenship, on the other hand, refer to the possession of two citizenships by an
individual, that of his original citizenship and that of the country where he became a naturalized
citizen.

Retention and Reacquisition of Citizenship.

Filipinos abroad may now acquire dual citizenship. R.A. No. 9225, the “Citizenship
Retention and Re-acquisition Act of 2003” (approved August 29, 2003), declares it the policy of
the State that all Philippines citizens who become citizens of another country shall be deemed
not to have lost their Philippines citizenship under the conditions of the Act.

Any provision of law to the contrary notwithstanding, natural-born citizens of the

Philippines who have lost their Philippines citizenship by reason of their naturalization as citizens
of a foreign country are deemed to have re-acquired Philippine citizenship upon taking the
following oath of allegiance to the Republic:

i. Retention and reacquisition of citizenship.

 2. Derivative citizenship. The unmarried child, whether legitimate,
illegitimate or adopted, below 18 of age, of those who re-acquired
Philippines citizenship upon affectivity of the Act shall be deemed citizens
of the Philippines.
3. Civil and political rights and liabilities. Those who retain or re-acquire
Philippines citizenship under the Act shall enjoy full civil and political rights
and be subject to all attendant liabilities and responsibilities under existing
laws of the Philippines.

Duties and Obligations of Citizens

1. To be loyal to the republic.

2. To defend the state.
3. To contribute to the development and welfare of the state
4. To uphold the constitution and obey the laws.
5. To cooperate with duly constituted authorities
6. To exercise rights responsibly and with due regard for the rights of others
7. To engage in gainful work
8. To register and vote.

RESOURCES:

• The Concept & Theories of Governance Retrieved Last: May 2020

Retrieved From: http://www.ombudsman.gov.ph/UNDP4/wp-
content/uploads/2013/01/Module_I.pdf
• Tamayo, M.J., (2014) Law, Politics, and Philosophy: Governance
Retrieved From:
https://tamayaosbc.wordpress.com/2014/08/21/what-is-governance/
• Citizenship (2015) Retrieved Last: May 2020 Retr
ieved From:
https://www.slideshare.net/iamnotangelica/citizenship-52790046