You are on page 1of 12

MABINI COLLEGES, INC.

Governor Panotes Avenue,


Daet, Camarines Norte

National Service Training Program


Literacy Training Service

CONTENT-BASED LEARNING MODULE NO. 1.2

Title: Philippine Constitution


(Preamble, Bill of Rights and duties and Responsibilities of Filipino Citizen)
Citizenship and Good Governance
Name of Student:
Course/ Year:
Class Schedule:

This module introduces you to Philippine Constitution, Citizenship and good


governance. 1987 Constitution - Article III, Bill of Rights, Classes of rights and the
classification of constitutional rights. This module also deals with the discussion of
Good governance in the local government which aims to increase the civil
engagement among students. In addition, you will also learn the aspects of due
process of law and the procedural due process.
Before starting the lecture note, you are to answer some questions for you to
assess yourselves on what prior knowledge you have about your “rights” as a
Filipino Citizen written in the 1987 Constitution in Article III the Bill of Rights. Then at
the end of the lessons you have to ask yourselves the same questions to see
what you learned from.

At the end of this module you can:


● Describe the classification of Constitutional Rights;
● Discuss the importance of citizenship and good governance in local
government and national government.
● Write a reflection about a scenario related to Bill of Rights

Before we start with this lecture note part, let us answer this formative
assessment to check your prior knowledge about the topic.

What are the responsibilities of a Filipino citizen?


Answer: DUTIES AND OBLIGATIONS OF CITIZENS It shall be the duty of the citizen to be
loyal to the Republic and to honor the Philippine flag, to defend the State and contribute
to its development and welfare, to uphold the Constitution and obey the laws
Why do we need to answer citizenship?
Answer: Because citizenship is necessary in the nation where one lives to live with
dignity, to participate in the nation’s administration, to lead a better life and to establish
a convenient administrative set up. The citizenship is important from the perspective of
a nation’s integrity and unity as well.
*Now, let us check your prior knowledge about your rights as a Filipino Citizen. After
reading each statement, write True or False in the column ‘before reading’ back
to this after you complete reading this chapter.
Before After
Statements
Reading Reading
1. Rights of accused is the right intended for the protection of a
person accused of any crime. Example is the right to
presumption of innocence, the right to a speedy impartial, and
public trial.
2.The right to receive a minimum wage as a worker and the
right to adopt a child by an unrelated person is a natural right
that cannot be taken away from any person.
3.Any person under investigation of an offense should not be
informed to remain silent and do have competent and
independent counsel preferably of his own choice. If the person
cannot afford the service of the council, he must be provided
with one.
4. Suffrage is a natural right of all Filipino citizens regardless of your
status in life, age and gender.
5. Constitutional rights are the rights possessed by every citizen
without being granted by the State, for they are given to man
by God as a human being created in His image so that he may
live a happy life. 

Good governance is an indeterminate term used in the international


development literature to describe how public institutions conduct public affairs
and manage public resources. Governance is “the process of decision-making
and the process by which decisions are implemented (or not implemented.” The
term governance can play to corporate, international, national, local
governance or to Interactions between other sectors of society.
The concept of “good governance” often emerges as a model to
compare ineffective economies or political bodies with viable economies and
political bodies. The concept centers on the responsibility of governments and
governing bodies to meet the needs of the masses as opposed to select groups
in society. Because countries often described as “most successful” are western
liberal democratic states, concentrated in Europe and the Americas, good
governance standards often measure any other state institutions against these
states. Aid organizations and the authorities of developed countries often focus
the meaning of “good governance” on a set of requirements that conform with
the organizations.

Good Governance in National Government


Good Governance in the context of countries is a broad term, and in that
regard, it is difficult to find a unique definition. According to Fukuyama (2013),
there are two dimensions to qualify governance as good or bad: the capacity
of the state and the bureaucracy’s autonomy.
They both complement, in the sense that when the state is more capable,
for instance, through the collection of taxes, there should be more autonomy
because the bureaucrats are able to conduct things well without being
instructed with a lot of details. In less capable states, however, less discretion
and more rule settings are desirable. Another way to think about good
governance is true outcomes. Since governments carry out goals, like the
provision of public goods of their citizens, there is no better way to think about
good governance other than through deliverables, which are precisely the ones
demanded citizens, such as security, health, education, water, enforcement of
contracts, protection of property, protection of the environment, and their
ability to vote and get paid with fair wages. Similarly, good governance might
be approximated with the provision of public services in an efficient manner,
higher participation given to certain groups in the population (like the poor and
the minorities), the guarantee that citizens have the opportunity of checks and
balances in the government, the establishment and then enforcement of norms
for the protection of the citizens and their property, and the existence of
independent judiciary systems.
Lawson (2011) in his review of Rothstein’s book. The quality of government:
Corruption, social trust, and inequality in international perspective, mentions that
the author relates good governance to the concept of impartiality, which is
basically when the bureaucrats perform their task following the public interest
rather than their own self-interest. Lawson differs with him in this impartial
application of law that ignores important factors like economic liberalism, which
matters because of its relation to economic growth.

Good Governance in the Local Government


Good Governance is argued to be most important in local governments. It tries
to promote more relationships between government and
1. Empowered citizens,
2. Neighborhood councils, and
3. Community councils.
Good governance in the local government aims to increase civil
engagement with more members of the community to get the best options that
serve the people.
● CITIZENSHIP
● Who are classified as Philippine citizens?
Under the 1987 Philippine Constitution, Article IV, Section 1, it states that:
Section 1 The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority; and
4. Those who are naturalized in accordance of law
● What are the modes in acquiring Philippine citizenship?
There are two (2) generally recognized forms of acquiring Philippine citizenship:
1. Filipino by birth
a) Jus soli (right of soil) which is the legal principle that a person’s
nationality at birth is determined by the place of birth (e.g. the territory
of a given state)
b) Jus sanguinis (right of blood) which is the legal principle that, at birth,
an individual acquires the nationality of his/her natural parent/s. The
Philippine adheres to this principle.
2. Filipino by naturalization which is the judicial act of adopting a foreigner
and clothing him with the privileges of a native-born citizen. It implies the
renunciation of a former nationality and the fact of entrance into a similar
relation towards a new body politic (2Am.Jur.561,par.188).
Question!
I am a natural born Filipino who was naturalized in another country; can I
re-acquire my Filipino citizenship without losing current my citizenship?
Former natural-born Filipino who has been naturalized in another country who
wishes to retain or re-acquire their Philippine citizenship may apply for
Retention/Re-acquisition of Philippine Citizenship pursuant to RA 9225.
● Can I include my dependents for my application of RA 9225?
Children below 18 years of age may be included as dependents to your
application for RA 9225.
● I am a foreign national with a Filipino parent; can I apply for a Filipino
citizenship?
Foreign nationals who were born outside of the Philippines to a Filipino parent
(Note: the parent/s must be Philippine citizen/s at the time of the applicant’s
birth) may apply for Recognition as a Filipino citizen, without losing the current
citizenship of the applicant.
1987 Constitution - Article III
Approved: 02 February 1987
BILL OF RIGHTS
● Concept of Bill of Rights
Bill of Rights may be defined as a declaration and enumeration of a
person's rights and privileges that the constitution is designed to protect against
violation by the government or by an individual or groups of individuals. It is a
charter liberties for the individual and a limitation upon the power of the State. 
● Classes of Rights
1. Natural rights - They are the rights possessed by every citizen
without being granted by the State, for they are given to man by God as
a human being created in His image so that he may live a happy life. 
Examples: the right to life, the right to liberty, the right to property, and the
right to love.
2. Constitutional rights - They are the rights that are conferred and
protected by the Constitution. Since they are part of the fundamental
law, they cannot be modified or taken away by any law-making body. 
3. Statutory rights - They are the rights that provided by laws
promulgated by a law- making body; consequently, they may be
abolished by the same body.
Examples: the right to receive a minimum wage and the right to
adopt a child by an unrelated person.
● Classification of Constitutional Rights
The human rights secured by the Constitution include social and economic
rights, not just political and civil rights. 
They are as follows:
1. Political rights- they are such rights of the citizens that give them the
power to participate, directly or indirectly, in the establishment or
administration of the government.
Examples: the right of suffrage and the right to information and matters of
public concern. 
2. Civil Rights - They are the rights that the law will enforce at the instance of
private individuals for the purpose of securing for them then enjoyment of
their means of happiness.
Examples: The right to do, process and equal protection of the law; The
rights against involuntary servitude and imprisonment for Nonpayment of
debts or poll tax; the constitutional rights of the accused; the social and
economic rights, religious freedom, and of changing the name, and the
right against impairment of obligation of a contract; freedom of speech,
of expression, or of the press, the right of assembly and petition; and the
right to form association.

3. Social and economic rights- The referred to the rights that are intended to
ensure the well-being and economic security of the individual.
Examples: just compensation for private property taken for public use;
promotion of social justice; the conservation and utilization of natural
resources; The promotion of education, the science and technology, the
arts and cultures.

4. Rights of accused- they are (civil) rights and intended for the protection of
the person accused of any crime.
Examples: The right against and unreasonable search and seizure; the
right to presumption of innocence the right to a speedy impartial, and
public trial; the right against cruel, degrading or inhuman punishment.
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.
● Meaning of due process of law
Any deprivation of life, liberty, or property by the state is with due process if it is
done (a) under the authority of the law that is valid or of the constitution itself,
and (b) After compliance with reasonable methods a procedure prescribed by
law.
● Aspects of due process of law
 Due process of law, has, therefore, a two- fold aspect namely:
1. Procedural due process- Richard first to the method or manner by which
the law is enforced. It requires, to Paraphrase Daniel Webster's famous
definition..... a procedure “which hears before it condemns, which
proceeds upon inquiry, and renders judgment only after trials.” An
indispensable requisite of this aspect of due process is the requirement of
notice of hearing.
2. Substantive due process-which require the law itself, not really the
procedures by which the law would be enforced, is fair, reasonable, and
just. In other words, No person shall be deprived of his life, liberty, and
property, for arbitrary reasons or on flimsy grounds.
● Procedural due process to
1. In judicial proceedings -for the most part, procedural due process has its
application in judicial proceedings, civil or criminal it requires:
a. An impartial court a clothed below with authority to hear and
determine the matter before it.
b. Jurisdiction lawfully acquired over the person of the dependent or
property, which is the subject matter of the proceedings.
c. Opportunity to be heard given the defendant; and
d. Judgment to be rendered after lawful hearing.
Thus, there is a denial of procedural due process where an accused
has been charged with an offense (e.g., theft) and convicted of another
(e.g.,robbery). Of course, the plaintiff has also a right to be given
opportunity to be heard on his claim.
2. In administrative proceedings- due process, however, is not always a
judicial process. In certain proceedings of an administrative character,
notice and hearing may be dispensed with, where because of public
need our for practical reasons, the same is not feasible. Thus, the open
there may be suspended being an investigation for violation of civil
service rules and regulation.

● Substantive due process


Viewed in its substantive aspect, due process of law requires that the law in
question affecting life, liberty or property be a valid law, i.e., within the power of
law-making body to enact and is reasonable in its operation. Thus, a tax that is
imposed for a private purpose constitute the taking of property without due
process as it is beyond the 30 of the legislature to levy.
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.
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.

This time, on your own answer the following questions by using what have you learned
from the Lesson
1. Which section in the Bill of Rights do you believe is most important and why?
2. Does anyone have a duty to protect your rights? Elaborate your answer why?

This time reread the following statements and indicate your answer (either True or False) ‘after
reading’ column. Compare your answer prior to the lecture and this time.

Before After
Statements
Reading Reading
1.Rights of accused is the right intended for the protection of a person
accused of any crime. Example is the right to presumption of
innocence, the right to a speedy impartial, and public trial.

2.The right to receive a minimum wage as a worker and the right to


adopt a child by an unrelated person is a natural right that cannot be
taken away from any person.

3.Any person under investigation of an offense shall not have the right
to be informed to remain silent and do have competent and
independent counsel preferably of his own choice. If the person
cannot afford the service of the council, he must be provided with one.

4. Suffrage is a natural right of all Filipino citizens regardless of your status


in life, age and gender.

5. Constitutional rights are the rights possessed by every citizen


without being granted by the State, for they are given to man by God
as a human being created in His image so that he may live a happy
life. 

Multiple Choice Test. Choose the letter of the correct answer.


1. The citizenship in Philippine law, in respect of the modes of acquiring citizenship, follows
the rule(s) of:
a) jus soli and jus sanguinis;
b) naturalization and provides for jus soli;
c) jus sanguinis and provides for naturalization;
d) none of the above.
2. Margarita was born in 1986 to a Filipino mother and Swedish father. She has been living
and continues to live in the US for the last 20 years and has also been naturalized as a US
citizen. She recently reacquired Philippine citizenship under RA 9225, the Citizenship
Retention and Reacquisition Act of 2003. Can Margarita vote in the next national elections?

a) Yes. Dual citizens who are not residents may register under the Overseas Absentee
Voting Law.
b) Yes. Margarita is a Filipino citizen and thus may enjoy the right to suffrage like
everyone else without registering as an overseas absentee voter.
c) No. Margarita fails the residency requirement under Section 1, Article V of the
Constitution for Filipinos.
d) No. Dual citizens upon renunciation of their Filipino citizenship and acquisition of
foreign citizenship, have practically and legally abandoned their domicile and
severed their legal ties to their homeland as a consequence.

3.What is the right conferred and protected by the constitution that is part of the fundamental
law, and cannot be modified or taken away by any law-making body?

a. Natural Rights 
b. Statutory Rights 
c. Constitutional Rights
d. Right to life, Property and Liberty

4. What is the right of the citizens that give them the right to participate, directly or indirectly, in
the establishment or administration of the Government.

a. Civil rights
b. Constitutional rights 
c. Right of Suffrage
d. Political Rights
5. Social and economic rights- The referred to the rights that are intended to ensure the
well-being and economic security of the individual.

a. security and natural rights


b. Economics and natural  rights 
c. Political  & economic rights
d. Social & economic rights
6. It states that “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.”

a. ARTICLE III Section III


b. ARTICLE III Section VII
c. ARTICLE IV Section VII
d. ARTICLE IV Section VIII

7.What Section in the Bill of Rights states that “The accused shall enjoy the right to be heard by
himself and the 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.” 

a. ARTICLE I Section IV
b. ARTICLE II Section IV
c. ARTICLE III Section IV
d. ARTICLE III Section V
8. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. 

a. Section XIII number 2


b. Section XII number 3
c. Section IIX number 1
d. Section XII number 2

9. It state that “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”

a. ARTICLE I Section IV
b. ARTICLE II Section IV
c. ARTICLE III Section IV
d. ARTICLE III Section V

For question number 10 Read the Scenario:

January 30, 1985, the student council of Juan National High School, conducted a
meeting to plan a program for the incoming celebration of intramurals. They voted to
conduct a student-led prayer over the public address system of their football stadium
before the kick-off of each home game. The student council president with the approval
of the school official said that there will be a punishment for those students who will not
attend. All students are required to attend the program, but an atheist, Ronaldo
objected. He refused because he believes that public prayer itself is unfair and
unconstitutional.  Ronaldo stood for his beliefs and did not participate. After the
intramurals he is punished for refusing along with the other students they are forced to
community service for 7 days. 
Question:
10. What section in the constitution is involved in this scenario?

1.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. 
2.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.
3.Section 18 (2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly convicted.

a. Section 4
b. Section 5
c. Section 18
d. Section 4, 5 & 18 

Directions: Read and discuss your assigned scenario below. Along with your
group members, refer to the BILL OF RIGHTS to identify which section is involved
and constitute the question.
SCENARIO 1

Liza inherited a parcel of land on the outskirts of Daet Town that has been in her
family for generations. Even though her family has never utilized the land, she
now wishes to build, along with her brothers, a small family restaurant on the
inherited land. Liza applies for a building permit, and finds out that the Daet
town legislature recently passed a law preventing further construction on land
designated as “Land for pubic High ways.” Her land, it turns out, is now
designated as “Land for pubic High ways,” and she is denied a building permit
for any future building on the property.
 What amendment or section in the Bill of rights are involved?
__________________________________________________________________________
 
Should the Government pay for Liza and her land?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

SCENARIO 2

Sara, a fourth-year college student, was caught smoking cigarettes in the school
bathroom. The teacher who caught Sara took her to the Guidance’s office, where a
school official questioned her about whether she was smoking in the bathroom, but she
denied it. The Guidance Counselor did not believe her story and decided to take
further action by looking into Sara’s purse. He found a pack of cigarettes as well as a
bag of rolling papers with marijuana. The official then decided to thoroughly search
Sara’s purse. Then discovered a sachet of marijuana and various papers that seemed
to indicate that Sara was dealing with drugs. The guidance counselor called the
attention of Sara’s parents and talked about the situation. But after 2 days a police
came to Sara’s house to search for more evidence because Sara was suspiciously
involved in drug pushing in the community.

1. What amendment or section in the Bill of rights are involved?

 ___________________________________________________________________________________

2. Was it appropriate for the school official to examine the contents of Sara’s purse?

_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________

3.Write your reflection on this situation.

______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
   

https://www.scbar.org/media/bill_of_rights_lesson-2018
https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-re
public-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippine
s-article-iii

You might also like