Professional Documents
Culture Documents
NSTP - Module 3 (Avv)
NSTP - Module 3 (Avv)
Citizenship Training
ALJONE V. VITERBO
BS PSYCH 1-2
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Overview :
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Lesson 1: The Concept of
Constitution
Importance and Meaning of Constitution
Thomas Hobbes- a British Philosopher of the 17th century
describe this state of humanity as a “state of nature” were
life is solitary, nasty, poor, brutish and short.
Human life in this state is terrible because it is a life of a
continual competition and struggle for survival
to escape this dreadful state of nature we need to enter into
a civilized society were everyone are governed by rules and
laws. These are the essence of our constitution and the bill
of rights.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Importance and Meaning of
Constitution
Every state has had a constitution
The foundation of the system of government of
the Philippines is the constitution.
Philippine Constitution- The fundamental law,
plays a very important role in the life of the
Filipino nation and its polity
it serves as the foundation of the government
embodies the ideals and aspirations of the Filipino
people and the promotion of their welfare.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Importance and Meaning of
Constitution
the supreme or organic law
a constitution is that body of rules and
principles in accordance with which the powers
of sovereignty are regularly exercised
embodiment of norms that regulate the relations
of the government to its people
constitution came from the latin word
‘constituo’, which means fixed, established and
settled.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Typology of Constitution
1. Typology according to
genesis and development.
2. Typology according to form
3. Typology according to the
manner of their amendment
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1.Typology according to genesis
and development.
A conventional or enacted
constitution is one which is enacted
by a constituent assembly.
A constitution is cumulative or
evolved if it results from a long
period of developments or
evolution.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
2.Typology according to
form .
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Rights and Obligations of Citizens
Classification of Rights
A.
Natural Rights
Constitutional Rights
Statutory Rights
B. Classification of Constitutional Rights
Political Rights
Civil Rights
Social and Economic Rights
Rights of the Accused
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Classification of Rights
Natural Rights
those rights possessed by every
individual without being granted
by the state for they are given to
man by God as a human being.
right to live
a.
right to love
b.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Constitutional Rights
those rights which are conferred
and protected by the
constitution.
Since they are part of the
fundamental law they cannot be
modified or taken away by the
law-making body.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Statutory Rights
those rights which are
promoted by the lawmaking
body and consequently may
be abolished by the same
body.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Classification of Constitutional Rights
Political Rights
- rights of the citizens which give them the
power to participate directly or indirectly in
the establishment and administration of
the government.
1.right of citizenship
2.right of suffrage
3.right to information or matters of public
concern
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Civil Rights
those rights which the law will enforce at the instance
of private individuals for the purpose of securing to
them the enjoyment of their means of happiness.
Right against involuntary servitude
1.
Liberty to abode
4.
Freedom of speech
6.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Social and Economic Rights
rightswhich are intended to insure the well-
being and economic security of the individual.
1. Right to property
2. Right to just compensation for private
property
3. Promotion to education
4. Promotion of social justice
5. Utilization of natural resources
Rights of the Accused - civil rights intended for
the protection of a person accused of any crime.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Rights and Liberties of Filipino
Citizens
The Bill of Rights “Charter of
Individual Liberties” springs
from the recognition accorded
by the government of the
intrinsic value of its people in
successful governance
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Declared in the Article III of the Constitution, the Filipino
citizens have the following rights and liberties, namely:
1. Right to life
2. Right to liberty
3. Right to property
4. Right to equal protection of the laws
5. Right against unreasonable searches and seizures
6. Right to privacy of communication and correspondence
7. Freedom of expression
8. Freedom of religion
9. Right to form associations
10. Liberty of abode and of travel
11. Right to information
12. Right against impairment of obligation of contracts
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Important Sections of Article III
Section 1- Right to life. Right to Liberty. Right to property. Right to equal protection of
the laws.
Section 2. - Right against unreasonable searches and seizures.
Section 3- Rights to privacy of communication and correspondence.
Section 4-Freedom of expression.
Section 5- Freedom of religion.
Section 6- Liberty to abode and of travel.
Section 7- Right to information
Section 8- Right to form association
Section 9- Right to property
Section 10-Right against impairment of obligation of contracts. Rights of Persons under
Investigation Rights of the Accused
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Important Sections of Article III
Section 11- Right of free access to the courts.
Section 12- Right to adequate legal assistance
Section 13- Right to bail
Section 14- Right to due process of law. Right to presumption of innocence. Right to
be informed of the nature and cause of the accusation. Right to have a speedy,
impartial, and public trial. Right to confront witness. Right to compulsory process.
Section 17- Right against self-incrimination.
Section 18- Right against detention for political beliefs. Right against involuntary
servitude.
Section 19- Right against excessive fines. Right against cruel, degrading or inhuman
punishment.
Section 21- Right against double jeopardy
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 1
Right to life. Man’s life is gift of God. It must be respected by the
government and by the citizens. The only condition that man’s life will
suffer is when they received conviction by a court of justice after fair trial.
Right to Liberty. Liberty denotes the state of being not subject to
restriction or control. It is the right to act freely and in a manner one
chooses. It includes the right to use and enjoy one’s faculties. The right
may only be interfered if one trespass upon the rights of others and
violate the laws.
Right to property. This means that the owner may use his property,
dispose it off by sale or donation, or encumber it subject to the right of
other persons alone and the inherent power of eminent domain.
However, the exercise of power of eminent domain is subject to three
requirements: observance of due process of law, payment of just
compensation, and public use.
Right to equal protection of the laws. All persons regardless of their
circumstances in life, that is, whether they are rich or poor, shall be
treated equally before the law.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 2.
Right against unreasonable searches and seizures.
duty of the state to provide security to the persons,
houses, papers, and effects of its people.
An unreasonable search and seizure is one that is
conducted illegally or without warrant.
A search warrant or warrant of arrest is valid if it
complies with the following requirements.
1.a probable cause determined personally by the judge
issuing it after examination of the complainant and
witness.
2. the warrant which describes in particular detail the
place to be search, the things to be seized and the
person to be arrested.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 3
Rights to privacy of communication and
correspondence.
The provision covers the guarantee from
unnecessary interference on the right of the people
to respond and communicate with one another.
The constitution provide two instances by which the
state may lawfully interfere with this freedom.
1. Upon lawful order of the court
2. When public safety or order requires it as
provided or defined by law.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 4
Freedom of expression.
It is the act or process of conveying in words and
other medium what one wishes without prior
restraint or censorship by the government.
. The freedom of expression may be regulated
by the State to ensure that the exercise thereof
does not infringe on the rights of others.
The constitution guarantees the right of citizens
to peacefully assemble in order to express their
views and opinions on important public concerns
and to petition the government for redness of
their grievances.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 5
Freedom of religion.
The right of religious worship
means that every person is free
to choose the kind of
relationship he wants with God
and to worship Him in a manner
he likes and according to his
conscience.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 6
Liberty to abode and of travel
that every person has a right to establish his home in any place.
He is also free to change his abode or to transfer it from one place to
another.
It includes the right to travel freely in the Philippines and outside
thereof to any foreign country.
The liberty to abode is subject to the following conditions:
1. Lawful order of the court
2. In the interest of national security, public safety, or public
health as provided by law. This implies that right maybe interfered
with by the State under these circumstances through its police
power.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 7
Right to information. Every Filipinos has the
right to gather or obtain information from official
records, documents, and papers relating to
officials acts, transactions, or decisions of the
government.
Limitation of this right
Records concerning and affecting the
security of the State and other documents
which by their nature are confidential may
not be disclosed to the public
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 8
Right to form association. The
constitution guarantees the right of the
people to form or join associations.
The right may not be curtailed as long
as the societies formed espouse
principles and pursue objectives that
are not contrary to or against any law.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 9
Right to property
The right that is protected in the constitution
refers not only to the possession or the things
itself but also to the right over the things.
This means that the owner may use his
property, dispose it off by sale or donation, or
encumber it subject to the right of other persons
alone and the inherent power of eminent
domain.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 10
Right against impairment of obligation of
contracts.
A contract obliges the contracting parties to
perform their agreement according to its terms
and conditions.
The constitution prohibits the enactment or
passage of a law alters or changes the conditions
or terms of contracts without the consent of the
parties thereto.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 10
Rights of Persons under Investigation (Also
known as Miranda Rights, Rule or Law)
A person who is under investigation for the
commission of a crime has the following rights:
1. Right to be informed of his right to remain silent
2. Right to have independent and competent
counsel
3. Right against torture, force, violence, treat,
intimidation, or any means which vitiate the free
will
4. Right against being held in secret,
incommunicado, or similar forms of solitary
confinement.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 10
Rights of the Accused
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 18
Right against detention for political beliefs. The
constitution abhors the detention of any person by
reason of his political beliefs and aspiration. The
right against detention for political beliefs encourage
the citizens to participate actively in the affairs of the
state thereby becoming catalyst of political change
Right against involuntary servitude. No person
can be forced to render compulsory service to
another. The exemption is a punishment for a crime.
Meaning, that person can be required to render
service for a crime he is convicted.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 19
Right against excessive fines. A person convicted a
crime may be meted out a penalty of imprisonment and
fine at the same time. , in determining the fine to be
imposed must consider both the ability of the convict to
pay the fine and the nature of the offense, among others.
Right against cruel, degrading or inhuman
punishment. The Bill of Rights bans the subjection of a
convict to cruel, degrading or inhuman punishment. This
means that torture, mutilation or severance or cutting
off of body parts, water cure, starvation and other
barbaric punishments are prohibited
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Section 21
Right against double jeopardy
Putting a person twice in jeopardy of punishment
for the same offense constitutes double jeopardy.
If a person who is charged with a crime is
acquitted or convicted without his express or
written consent, he cannot anymore be charged
with the same offense for to do so would put him
in double jeopardy,. The guarantee provides
protection to a person against the chance of being
punished or tried twice for one and the same
offense.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Lesson 2:
Citizenship
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Citizenship
the position or status legally recognized in a
particular country along with the rights duties
and privileges.
a relationship between an individual and a state
it implies the status of freedom with
accompanying responsibilities
the most privileged form of nationality which
denotes protection wherever individuals are
staying.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
CITEZENSHIP
In Ancient Greece - the concept of
citizenship started in towns or city-
states where it generally applied to
property owners, the right to vote, and
liable to taxation and military service but
not to women, slaves, or poorer
members of the community
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
BASIC PRINCIPLE TO DETERMINE
CITEZENSHIP
United States / British Commonwealth
jus soli-citizenship is acquired by birth
within the territory of the state regardless of
parental citizenship
jus sanguinis - whereby a person,
whenever born is a citizen of the state
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
CITIZENSHIP
1935- Commonwealth Constitution TO 1973- Martial
Law Constitution
Freedom Constitution (1987) - gives Filipinos a a
clear understanding of citizenship in Article 4 with
sections .
Section 1 distinguishes the citizens of the Philippines
Section 2 refers to natural citizenship
Sections 3, 4, and 5 adhere to reacquisition, retention,
and dual allegiance of citizenship.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
The Concept of Citizenship
Citizen and Citizenship
Citizenship indicates the membership
of a citizen in a democratic political
community. It implies mutual
relationship between the individual
and the state.
Citizen is a person who has the title of
citizenship
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The Concept of Citizenship
Citizenship and Nationality
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Who are the citizens of the Philippines? The citizens of the Philippines are
those enumerated in Section 1, Article IV of the Constitution, as follows:
1.Those who are citizens of the Philippines at the time of the adoption of the
1987 Constitution. The 1935 and 1973 Constitutions of the Philippines also
contained a similar provision.
- This provision recognizes the Filipinos who have acquire the title of citizen
at the moment the constitution took effect regardless of the manner or mode
they have become citizens, provided that means of acquisition is not illegal.
2. Those whose fathers or mothers are citizens of the Philippines
citizens by blood based on the jus sanguinis rule as recognized in the
Philippines
a person, whether legitimate or illegitimate, who is born of a Filipino father or
mother is likewise a citizen of the Philippines whether the father or mother is
natural-born or naturalized.
it is not necessary that both parents are Filipinos , one is enough for a child to
become a Filipino
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Who are the citizens of the Philippines? The citizens of
the Philippines are those enumerated in Section 1, Article
IV of the Constitution, as follows:
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Kinds of Citizens
Natural-born Filipino Citizens
Citizenship of Filipino Who
Marries an Alien
Multiple Nationalities
Dual Allegiance
Statelessness
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Kinds of Citizens
Natural-born Filipino Citizens
They are those who are already citizens of the
Philippines at the time of their birth and don’t
have to or perform any act to become Filipinos.
Sec. 2. Of the Article on Citizenship in the
Constitution those born before January 17, 1973,
of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority
are, for all intents and purposes, deemed natural-
born citizens.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Kinds of Citizens
Citizenship of Filipino Who Marries an Alien
A Filipino who marries a foreign national
shall remain a Filipino.
This is the intent of the Constitution. Sec. $.
Art. IV provides that
citizens of the Philippines who marry aliens
shall retain their citizenship” even if such
Filipinos who are married to foreign
nationals acquired or are granted the
citizenship of their spouses’ country(ies).
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
KINDS OF CITEZENSHIP
Multiple Nationalities
The Hague Convention of Conflict Nationality Law
(Art.2) provides that: “Any question as to whether a
person possesses the nationality of a particular state
should be determine in accordance with the law of
the state.”
It could be deduced from this article that with
reference to the countries directly involved, dual or
multiple nationality does not exist. But from the
vantage point of a third state, it exists.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
KINDS OF CITEZENSHIP
DUAL ALLEGIANCE
Sec 5, Article IV- The Constitution prohibits
dual allegiance and declares it inimical to the
national interest
The prohibition against double allegiance
addresses the issue of Filipino citizens of
foreign ancestry or parentage of owing
allegiance to the Philippine Republic while at
the same time maintaining very close ties and
loyalty with their country of origin.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
KINDS OF CITEZENSHIP
STATELESSNESS
A person may become stateless or without a state to be identified with
through any of the following instances:
1. Deprivation of his citizenship for any cause.
2. Renunciation of his nationality, expressly or impliedly.
3. Voluntarily release from his original state.
4. Birth in a country which applies only on the theory of jus sanguinis
(citizenship based on blood) of parents whose country adopts only the
principle of jus soli (citizenship based on place of birth).
The Hague Conference on Private International law (1928) provide that
the personal law of a stateless person is the law of the domicile (habitual
residence) or secondary law of the place of temporary residence.
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Lesson 3: The
Philippine Flag
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Brief History
Did you know that if not for the Philippine
Revolution of 1896, we will not have a national
flag of our own? Our early flags were those of the
Katipunan and prior to this, the Spanish flag is the
only flag that we knew.
The design of the Philippine flag that we know
and use today is said to have been conceived by
Feliciano Jocson and was later refined by Gen.
Emilio Aguinaldo, President of the Revolutionary
Government
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Brief History Of the PH FLAG
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Symbols and Meanings
The flag is the country’s most cherished symbol.
It is the nation’s emblem for freedom
It symbolizes patriotism, love of country and
sense of nationhood and embodies the aspirations
and sentiments of the Filipino people in their
unceasing quest for independence
It stands as an instrument of unity that binds the
Filipino people
But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere.
Symbolism Meaning/Representation
Blue stripe Peace, truth and justice
Red stripe Patriotism and valor
Equilateral white Liberty, equality, fraternity
triangle The emblem of the Katipunan
Golden yellow sun Unity, freedom, people's democracy, and sovereignty
Eight primary rays Eight provinces with significant involvement in the
of the sun 1896 Philippine Revolution against Spain or the first eight
provinces placed under martial law by Spain because of the
insurrection – Batangas, Bulacan, Cavite, Laguna, Manila,
Nueva Ecija, Pampanga and Tarlac
Three stars at the Three major island groups – Luzon, Visayas and Mindanao
vertex of the
triangle
Legal Bases/Foundations of the Philippine Flag
EO 179 and RA 8491
Laws/Executive Issuances relating to the Philippine flag
Laws/Executive Title Date Purpose
Issuances
Republic Act No. 8491** Flag and Heraldic Code of February 12, Prescribes the Code of the
the Philippines 1998 National Flag, Anthem,
Motto,
Coat-of-Arms and other
heraldic items and devices of
the
Philippines
JAMES 3:17
But the wisdom that comes
from heaven is first of all pure;
then peace-loving, considerate,
submissive, full of mercy and
good fruit, impartial and
sincere.