Submitted By: Kevin Dave O.

Yambao

Submitted To: Mr. Nepomuceno Carating

Right Property
The right to property, also known as the right to protection of property, is a human right and is understood to establish an entitlement to private property. The right to property is not absolute and states have a wide degree of discretion to limit the rights. The right to property is enshrined in Article 17 of the Universal Declaration of Human Rights but is not recognised in the International Covenant on Civil and Political Rights or the International Covenant on Economic, Social and Cultural Rights. The right to protection of property is enshrined in the regional human rights instruments of Europe, Africa and the Americas. The right to property is one of the most controversial human rights, both in terms of its existence and interpretation. The controversy about the definition of the right meant that it was not included in theInternational Covenant on Civil and Political Rights or the International Covenant on Economic, Social and Cultural Rights. Article 17 of the Universal Declaration of Human Rights (UDHR) enshrines the right to property as follows: Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property. In Europe the notion of private property and property rights emerged in the Renaissance as international trade by merchants gave rise to mercantilist ideas. In 16th Century Europe Lutheranism and theProtestant Reformation advanced property rights using biblical terminology. Protestant work ethic and views on man's destiny came to underline social view in emerging capitalist economies in Early modern Europe. The right to private property emerged as a radical demand for human rights vis-a-vis the state in the 17th Century revolutionary Europe. But in the 18th and 19th Century the right to property as a human right became subject of intense controversy.

Conditions for or limitations upon its exercise; 1. Existence of publice use - The only purpose for which private property can be taken
(condemned) by the government under its power of eminent domain. Public use includes: schools, streets, highways, hospitals, government buildings, parks, water reservoirs, flood control, slum clearance and redevelopment, public housing, public theaters and stadiums, safety facilities, harbors, bridges, railroads, airports, terminals, prisons, jails, public utilities, canals, and numerous other purposes designated as beneficial to the public.

2. Payment of just compensation - The concept of just compensation contemplates just and
timely payment; it embraces not only the correct determination of the amount to be paid to the landowner, but also the payment of the land within a reasonable time from its taking. Without prompt payment, compensation cannot, as Land Bank of the Philippines v. Court of Appeals instructs, be considered just, for the owner is made to suffer the consequence of being immediately deprived of his land while being made to wait for years before actually receiving the amount necessary to cope with his loss.

3. Observance of due process of law in taking - Due process is the legal principle that the
state must respect all of the legal rights that are owed to a person under the law. Due process holds the state subservient to the law of the land and thus protects individual persons from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law.

Right of the Accused

The rights of the accused is a "class" of civil and political rights that apply to a person accused of a crime, from when he or she is arrested and chargedto when he or she is either convicted or acquitted. Rights of the accused are generally based on the maxim of "innocent until proven guilty" and are due process. In law, the rights and privileges of a person accused of a crime. In most modern legal systems these include the presumption of innocence until proved guilty, trial by jury, representation by counsel, the right to present witnesses and evidence to establish one's innocence, and the right to cross-examine one's accusers. Also important are a prohibition against an unreasonable search and seizure, the right to a speedy trial, and guarantees of freedom from double jeopardy and of the right to appeal. In the U.S. a person accused of a crime must be notified immediately of the right to secure counsel and the right to refuse to answer questions if answering might be incriminating. In the United States, these rights are guaranteed in the Bill of Rights (the first ten amendments to the United States Constitution), particularly in theFourth, Fifth, Sixth, and Eighth Amendments. The rights of the accused sometimes comes into conflict with promotion of victims' rights. No unreasonable or unwarranted searches No arrest except on probable cause No coerced confessions or illegal interrogation No Entrapment On questioning, a suspect must be informed of his or her rights. Writ of habeaus corpus Prompt arraignment Legal Counsel Reasonable Bail To Remain Silent. Speedy and public trial before a jury Impartial jury selected from a cross section of community No compulsory self-incrimination Adequate counsel No Cruel and unusual punishment Appeal of convictions No double Jeopardy. A primary purpose of government is to enforce law and order. The federal and state constitutions of the United States, for example, grant certain powers to government officials so they can maintain an orderly society and protect the lives, property, and rights of the people. Federal and state government officials have the duty of preventing some individuals from harming others through criminal acts such as theft, assault, rape, and murder. Nevertheless, criminal behavior has become a serious threat to many American communities where violence, theft, and illegal drug use are rampant. Most Americans, therefore, want law enforcement officials to be tough on criminals, to apprehend and punish them. There are, however, constitutional limits on the power of government officials in order to prevent them from abusing the rights of individuals, including those accused of criminal behavior. From colonial times until the present, Americans have believed in an old English saying: It is better for 99 guilty persons to go free than for one innocent person to be punished. In the United States, a person accused of a crime is presumed innocent until proved guilty. The burden of proving the suspect guilty is upon the government prosecutors. Americans want their federal and state governments to be both powerful and limited, so that freedom and order are balanced. On the one side, government officials should have enough power to keep order so that people are safe and secure. On the other side, the power of government officials to enforce law and order should be sufficiently limited so that they cannot oppress anyone.

Report Paper In Social Science