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CHAPTER 11

RIGHTS AND DUTIES

Notion of Right

Right, objectively, is anything which is owed or due. Taken subjectively as possessed by a person, right
is the moral power, bound to be respected by others, of doing, possessing, or requiring something.

Right is founded upon a law, either the natural law or the human positive law. Rights are vested on the
individual person or on a group of individuals constituted by law as a juridical person, such as business
corporations, institutions, and associations.

Kinds of Right

1. Natural Right are those based on the natural law. The right to life, to education, to work –
arenatural rights.

2. Human Rights are those based on human positive laws, either those enacted by the State or
byReligion. Civil rights are those promulgated by the State, such as the right to form
associations, the right to run for public office, and the right to due process. Ecclesiastical rights
are those promulgated by a church or sect, such as the right to attend religious services, the right
to be instructed in the faith, and the right to the services and rites.

3. Alienable and Inalienable Rights. Alienable rights are those which could be
surrendered,renounced, or removed, such as the right to travel and the right to operate a
business. Inalienable rights are those which cannot be surrendered, renounced, or removed, such
as the right to life, the right to marry and the right to education.

4. Juridical and Non-juridical rights. Juridical rights are those based on the law. These rights are
tobe respected, permitted, fulfilled as a matter of justice. Non-juridical rights are those based on
virtue rather than strict justice. The right of a worker to a wage is juridical, but his right to a
clothing allowance is non-juridical.

5. Right of jurisdiction is the power of a lawful authority to govern and make laws for
hisconstituents or dependents. A mayor has right of jurisdiction over the municipality and its
residents. A parent has the same right over his children.

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Characteristics of Rights

1. Coaction is the power inherent in rights to prevent their being violated and to exact redress
fortheir unjust violation. Under normal circumstances, coactions is exercised by the courts of
justice. In extraordinary situation, however, coactions may be enforced by the subject person
himself whose right is endangered, such as in the case of self-defense against an unjust
aggressor.

2. Limitation is the natural limits or boundary beyond which a right may not be insisted
withoutviolating the right of another. One may not turn loud his radio when it is time for
everyone to be sleeping in the dormitory.

3. Collision is the conflict of two rights so related that it is not possible to exercise one
withoutviolating the other. There is a collision of rights between the rights of demonstrators to
freedom of expression and the right of pedestrians and car drivers to use the streets in pursuit of
their legitimate activities. In theory, the conflict of rights is merely apparent since rights are
founded on laws which cannot be contradictory. In practice, conflict of rights are resolved thru
negotiation and compromise.

4. In the resolution of conflict, the right which should prevail is that which (1) belongs to the
morehigher order, or (2) in concerned with a grave matter, or (3) founded upon a stronger title
or claim. For example, the right of the citizens to peace and order takes precedence of over the
right of demonstrators to rally and obstruct traffic; the right of a patient to medical care takes
precedence over a doctor’s right to fee, and the right of a parent to care for a child takes
precedence over that of a guardian.

Civil and Political Rights

1. Civil Rights are those enjoyed by persons as private individuals in pursuit of their personal
activities and in their transactions with others. These include among others the right to life, the
right to privacy, the right to own a property, the right to education, and the right to worship.
Civil rights are enjoyed by citizens and non citizens.

2. Political Rights are those enjoyed by persons as citizens in their participation in government
affairs. These include among others the right to run for public office, the right to vote, the right
to be informed of public issues, and the right to public services.

The Bill of Rights

The Bill of Rights is a list of rights pertaining to persons. These rights are recognized, guaranteed, and
protected against invasion, reduction, or destruction.
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The Bill of Rights according to Leonardo A. Quisimbing, is a premised on the belief in the dignity of
man and the intrinsic worth of human life. The powerful idea of human dignity, taught by great ethical
teachers from Confucius, to Jesus Christ, to Kant, received a tremendous boost from the democratic
ideal of equality.

Article III of the 1987 Philippine Constitution provides for the 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
search 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 to peacefully 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 be 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 decision, 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 people, including those employed in public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall not be abridged.

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Sections 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
freewill shall be used against him. Secret detention places, solitary, in communicado, 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 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 charge 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 habeus 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 public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their case 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.
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Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall 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 punishable by a law and an ordinance, conviction or acquittal under either constitute a bar to
another prosecution for the same act.

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

Economic, Social and Cultural Rights

The sum of human rights is not limited to the civil and political rights of individuals. Today, human
rights include economic, social and cultural rights.

Renato Constantino declares: “Economic, social and cultural rights are as important as political and
civil rights. For freedom from detention, torture and other forms of political repression will be
meaningless when people are hostage to hunger, disease, ignorance and unemployment. In the same
way, freedom from social and economic inequities would be in vain without the right to participate in
determination of the direction of society.

The Philippines is a signatory to the International Covenant on Economic, Social and Cultural Rights
of the United Nations General Assembly. The Covenant calls on all signatory States to recognize and
guarantee the basic social, economic and cultural rights of all people.

The Covenant guarantees the following:

1. The right to work, including the right to just and favorable conditions of work.
2. To fair wages, and the right to freely form and join trade unions.
3. The right to social security, the right to an adequate standard of living.
4. The right to be free hunger and the right to enjoy the highest attainable standard of physical
andmental health.
5. The right to education, the right to take part in cultural life and the right to enjoy the benefits
ofscientific progress.
6. The right to freely determine political status.

The Meaning of Duty

Objectively, duty is anything we are bound to do or omit. Subjectively, it is a moral obligation
incumbent upon a person to do, omit, or avoid something.

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Duty is a moral obligation because it depends upon freewill of the subject person. And because duty is
defined by law, any willful neglect of a duty makes a person accountable for such omission.

Correlation of Right and Duty

Right and duty are correlative in a given person. One who has a right to something has the duty to act
consistent with that right. For instance, the right to life of a person imposes upon himself the duty to
work for sustaining such life. Pope John XXIII in his Encyclical Pacem in Terris (Peace on Earth)
states that: “the right of every person to life is correlative with the duty of living it becomingly; and his
right to investigate the truth freely, with the duty of seeking it and possessing it ever more completely
and profoundly”.
A prevailing error is insisting that other people respect our rights, while we ourselves do very little
about our duty to act consistently with such rights. For example, we claim the right to freedom of
expression or speech without fulfilling the prior duty of investigating the facts.

Reciprocity of Rights and Duties

In interpersonal relationships, rights and duties are reciprocal. The right of one person implies in
another the duty to respect that right. For instance, because Pedro has the right to live, other persons or
agencies are duty bound not to harm him but to help him fulfill such right.
Duties are expressed as laws. The command: “Thou shall not steal” expressed in the Decalogue enjoins
us to respect the property of others and to omit such action as stealing. The command: “Honor your
Father and your Mother” enjoins us to love and obey our parents and forbids such act as disrespect,
disobedience, resentment, enmity towards them.

The reciprocity of rights and duties imposes the same privilege and burden on all men. Thus, Pope John
XXIII states that: “those who claim their right, yet altogether forget or neglect to carry out their
respective duties, are people who build with one hand and destroy with the other hand.

Kinds of Duties
1. Natural Duties are those imposed by natural law, such as the duty to take care of our health,
theduty to educate ourselves, and the duty to worship God.
2. Positive Duties are imposed by a human positive law, such as the duty to pay taxes, the duty
toobserve traffic rules, and the duty to vote.
3. Affirmative Duties are those that require the performance of an act, such as the duty of
lovingour parents and that of paying our debts.
4. Negative Duties are those which require the omission of an act, such as the duty not to
killanother person and that of not carrying deadly weapon.

Exemption from Duty

Duties are to be complied with unless one is prevented by a strong and just reason. For instance, a
student has to attend classes unless sickness prevents him from doing so. A driver is to observe the
speed limit unless he is rushing a dying person to a hospital.
While the person concerned has to decide for himself when he may claim exemption, such claim
should never be arbitrary or whimsical. Such decisions must be based on these principles:
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1. Negative duties arising from negative natural law admit no exemption: Negative duties are
those that require the omission of an evil act. When an act is intrinsically evil, nobody may
claim exemption so as to be allowed it. No excuse could be given to such act as murder,
stealing, rape, kidnapping, or adultery.
2. Affirmative duties arising from affirmative precepts of natural law admit exemptions when
the act is rendered impossible under certain conditions or would involve excessive hardship
on the person: Affirmative duties do not bind when circumstances make it impossible to comply
with it. He who is himself destitute is not bound to feed the hungry. A family may not provide
expensive medical care to a relative if it becomes excessively difficult to borrow money and
repay it without suffering deprivation.
3. Ordinary hardships which come along with the performance of a duty do not exempt one
from complying with such duty: The fulfillment of a duty invariably poses certain degree of
difficulty and sacrifice on the person. Such common hardships do not exempt anyone from
complying with the duty. For instance, a student who finds it difficult to get a ride to and from
school is not exempted from attending his classes. The security guard who finds it hard to stay
awake on his night shift is not justified when he falls asleep on duty.

Conflict of Duties
There is a conflict of duties when two or more of them needs to be answered at the same time. In this
situation, the following guideline will be useful:

1. Duties towards God must be given priority over those towards men. Theoretically, one should
be attending church service rather than a social gathering, a meeting or a party. This conflict,
however, may easily be solved by arranging a schedule so that both obligations are met.
2. Duties that secure public order or the common good have priority over those that safeguard
the individual. The need to obey traffic rules takes precedence over personal convenience. For
instance, driving a sports car in a 200 speed against a law in a expressway with a 120 speed
limit.
3. Duties towards the family and relatives takes precedence over those towards strangers. Except
in the case of nepotism/favoritism, the needs of family and relatives have greater claim to our
services and generosity. Hence, a father should spend for the food and needs of his family
before he thinks of entertaining his friends or barkada.
4. Duties of greater importance takes precedence over those of lesser importance. The
preservation of one’s honor is more important than gaining monetary advantage.
5. Duties based on higher law takes precedence over those coming from lower laws.
Condemning divorce on the basis of natural law is better than subscribing to it on the basis of a
human positive law.

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CHAPTER 12
BIOETHICS

Bioethics comes from “bio” which means life, and “ethics” which means morality. Bioethics is that
branch of Ethics which deals with the problem of life, health and death.
Bioethics is an interdisciplinary effort which “examines the ethical dimension of problems at the
cutting edge of technology, medicine, and biology in their application to life”. The Meaning of Health
Health consist the absence of pain or illness. It is bodily fitness. Health, according to Bernard Haring:
“is in its holistic sense, include the bodily, psychic, spiritual and religious dimensions of men.” A
healthy person is one who is physically fit, emotionally balanced, mentally alert, and morally upright.
The basic assumption of bioethics is that human life must be preserved and protected by all necessary
means. Accordingly, scientists and medical practitioners should seek the promotion of life and health in
every way possible, motivated not by monetary gains or fame, but by appreciation of the gift of life.

Personal and Social Responsibility

Life is precious. It is natural duty for every person to preserve it. Health is a personal responsibility and
one is held accountable for the neglect of his body. This requires that we adopt such care and lifestyle
that fosters health. Bernard Haring states that: “We cannot ignore the old health rules such as the
proper rhythm between work and leisure, fasting and prayer, and learning about the mutual
conditioning and oneness of body and soul”.
With regards to satisfying our physical needs and wants, Aristotle advices moderation. Too much of
anything is dangerous. Too much eating causes obesity.
We owe it to our self, family and society to be healthy. It is immoral to live recklessly, exposing
oneself to dangers and sickness without regard to the burden such acts may impose on the family and
society. Every illness and disease is a social problem.
The State institutes health programs even as it regulates the activities of the individuals to prevent them
from harming themselves. The ban on smoking in public places is an effort of the government to curtail
a seemingly innocent habit. Even more so, the State needs to act against gambling, alcoholism, drug
addiction, prostitution, etc. which are detrimental to the physical, mental and spiritual well-being of the
citizen.

Crimes against Life

Some actions are identified as intrinsically evil because they are willfully detrimental to life and health:
1. Suicide is defined as the intentional killing of oneself by one’s own volition and hands. Suicide
is immoral because it contradicts basic instinct. It is contrary to natural law. Life is sacred, a gift
from God. Therefore, for the Filipino one must take good care of his life and health as an act of
gratitude to God.
Direct killing oneself is suicide. But a person does not commit suicide when he put himself in
danger in pursuing a lawful job. Doctors, for example, risk being infected with an illness.

2. Euthanasia, or mercy killing, is the deliberate extinction of human life to prevent further pain
and suffering. Euthanasia is morally objectionable because it would give the sick and the aged,
the right to request the “service” of euthanasia. It would give reason for the State to put to death
those it considers useless and a burden to society, such as the aged, the retardates, or the
handicapped.
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3. Mutilation is the cutting off of a limb or removal of an organ integral to the human body for
commercial purposes. Mutilation is morally permissible as a medical process, such as
amputation of a gangrenous leg.
It is immoral to sell one’s body parts, such as the kidney, the liver, eyes, or heart. Moral and
legal laws provide that the body, its parts and functions, are not valid objects of contracts. For
this reason, prostitution is immoral. Likewise, surrogate motherhood whereby a woman “rents
out” her womb for childbearing by means of artificial insemination is immoral. However, it is
morally permissible for purpose of saving life for a person to donate his body organ.

4. Contraception. Methods to prevent pregnancy are called contraceptives. Artificial

contraceptives are those methods and devices invented by man, such as the drugs, IUD, or
condom. Christian morality condemns artificial contraception as contrary to natural law. It holds
that the natural purpose of the sexual act should be respected and accepted.
Natural contraceptives are those dependent on the natural biological process, such as the rhythm
method approved by the Catholic Church. This encourages married couples to abstain from sex
during the fertile days of the woman.

5. Sterilization is a type of contraceptive method. It is a surgical operation which renders a man or

a woman incapable of transmitting life. Sterilization is carried out by vasectomy for the male
and tubal ligation for the female. Moralist give the following distinctions:

5.1. Therapeutic sterilization is intended to preserve the well-being of the whole and
is therefore permissible.
5.2. Eugenic sterilization is intended to prevent procreation in an otherwise healthy
and normal person. This is contrary to natural law and is prohibited. Forced
sterilization of retardates,or of poor people, is discriminatory and violates the
human rights of these persons. Enforced sterilization, according to Bernard Haring
is usually followed by anxieties, frustrations, distress, and has a strong negative
influence on the expression of one’s sexuality to the extent that it may impair
mental health.
5.3. Punitive sterilization is intended as a punishment for certain criminals, as
practiced in some countries. Such punishment is ineffective and useless, since
sterilization does not extinguish sexual tendencies and a sterilized rapist can still
commit the same crime.

6. Drug Addiction is the state of psychic or physical dependence, or both, on a dangerous drug,
arising in a person following the use of drug on a periodic or continuous basis.
Drug addiction is a habit which is acquired by indulging in the use of prohibited drugs. The use
of addictive drugs is regulated by the State, for example, by the Dangerous Drugs Act of 1972,
as amended by P.D. nos. 44, 1675, 1683, 1708 and BP Blg. 179. Some identified drugs are
prohibited and their use constitutes an illegal and immoral act. While drug addicts are regarded
as victims, drug pushers and manufacturers of prohibited drugs are criminals.

7. Alcoholism is the state of dependence on the stimulation of wine and liquor. In extreme cases,
alcoholism has the same evil effect on health as drug addiction. Alcoholism saps a person’s

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energy, dulls his mind, and destroys his capacity for creative activity. Due to their erratic
behavior and short span of attention, alcoholics are incapable of holding jobs as well as
establishing a meaningful relationship with others.
Drinking wine is not evil in itself. Intoxication, however, is self-degrading and unhealthy. The
advice is for people to consume wine moderately.

8. Abortion is the intentional expulsion of a fetus which cannot survive by itself outside of the
womb of the mother. Some countries favor abortion as a method of regulating population. The
Philippines is one among those countries that punish abortion as a criminal act.
Moralists distinguish between indirect and direct abortion:

8.1. Indirect or Therapeutic Abortion is that which is performed for the purpose of
saving the life of the mother. This is morally permissible. The case does not imply
that the mother’s life is simply preferred over that of the child. The choice is
between a life which can be saved and a life which cannot be saved. The moral
dilemma is to let both die or to save that of the mother.
The unencephalic fetus is cited as example. Not only that the defective fetus
cannot survive, it cannot fully develop into a self-sufficient human life. Thus, it is
justifiable to abort it rather than have it endanger the life of the mother.
However, it does not belong to therapeutic medicine to abort a fetus because it is
afflicted with some kind of genetic disease, or it possesses the risk of developing
such defect or ailment. The fetus, not the mother, is the patient in this case and
“killing the patient is no therapy whatsoever. What could be done insofar as
genetic disease is foreseeable, is to avoid conception. After conception, the only
moral remedy is for immediate treatment upon the birth of the child.
8.2. Direct or Selective Abortion is the expulsion of the fetus by the willful wishes of
the parents for purposes other than saving the life of the mother who is not
endangered at all. This type of abortionis not justified for whatever reason,
whether to regulate the size of the family, to eliminate an unwanted child, to
regulate population, or to maintain one’s social
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CHAPTER 13

WORK ETHICS

The Meaning of Work

Working is both a right and a duty. Work is the legitimate use of our mental and bodily powers for
economic gain or profit.

1. Work is the use or application of our physical powers to accomplish a task. It is “use’
becausenobody can own another person’s body, nor can anyone sell his body, any part or
function of it. We say “legitimate use” because not every activity which provides income, is not
work in the moral and legal sense. Thus, stealing is not work; neither is prostitution since it
debases the human body and dignity.

2. Work is for the purpose of obtaining an economic gain for the worker. It belongs to the
essenceof work that it is compensated. Such compensation is based on justice and takes the form
of a wage or salary. Any form of slavery or forced labor is immoral.

The Right to Work

The right to work derives from the right to life. Man has basic needs which must be satisfied in order
for him to survive. Therefore, the right to life implies that a person has to right to private property, to
those means necessary for him to sustain himself and his dependent.Pope Leo XIII states that:

“When a man engages in remunerative labor, the very reason and motive of his work is to obtain
property and to hold it as his own private possession. If one man hires out to another his

strength or his industry, he does this for the purpose of receiving in return what is necessary for
food and living; he thereby expressly proposes to acquire a full and real right, not only to the
remuneration, but also to disposal of that remuneration as he pleases.”

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The Duty of Work

Work aims to promote life. It is natural duty since every person is endowed with bodily and mental
powers to that he may take care of himself and not become a burden to others. This obligation is a
greater responsibility when one becomes the head of a family.

Laziness is evil. A man who is habitually lazy does not deserve to eat or to be fed, according to the
Bible. In Deberes de losHijosdel Pueblo (Duties of the sons of the country), Andres Bonifacio says
that: “the work which sustains you is the basis of love, love for oneself, love for the wife and children,
love for the brothers and countrymen”.

Capital and Labor

Capital refers to the owner or investors of an industry. Labor refers to the hired workers employed by
the industry. Capital and Labor compliments each other. Unfortunately, their relationship is often
strained.

The Labor Code of the Philippines defines the relationship between capital and labor. But no amount of
legislation can truly harmonize men unless everyone submits to the concept of justice and acts
accordingly. Jamie Cardinal Sin writes: “Peace is the fruit of justice which requires, first of all, that
persons and their inalienable human rights are promoted and defended. It demanded that in the realm of
industrial relations, the reciprocal rights and duties of both labor and management are respected and
promoted”.