Professional Documents
Culture Documents
• Participation
NATION BUILDING – is constructing or structuring • Deliberative engagement
national identity. Also serves as the unification of • Awareness of mutual inter-dependence
the people within the state. • Freedom
POLITICAL PARTICIPATION - simply any activity ➢ Trying to talk to someone into voting a certain
which is designed to influence public opinion or way
decision. It can be direct or indirect, individual or ➢ Political Discussion
group-oriented ➢ Voting
Reactionary Redemptive
These people desire to turn back changes that Attempt to get people to make life-
have occurred and return to an earlier time. altering changes
MODULE #19 part2 but the strong emphasis on procedure allows for
an extreme degree of control over processes and
TYPES OF LEADERS leads to predictable, reliable outputs.
Public policy - is a system of laws, regulatory Human rights- refers to the concept of human
measures, courses of action, and funding beings as having universal natural rights or status,
priorities concerning a given topic promulgated regardless of legal jurisdiction or other localizing,
by a governmental entity or its representatives. such as ethnicity, nationality, and sex. It is the
basic rights and freedoms that belong to every
scope of public policy person in the world, from birth until death.
It covers a broad area of government
laws, regulations, court decisions, and Why human right is important?
local ordinances. Today, government Human rights are needed to protect and preserve
affects all aspects of our lives. every individual's humanity, to ensure that every
individual can live a life of dignity and a life that is
POLICY MAKERS worthy of a human being
4) it must apply equally to all members of the Freedom of Speech and Press.
same class. Freedom of speech, of expression, or of
the press is protected by Section 4 of
Right against Illegal Arrest, Searches, and Article III of the Constitution. The same
Seizures. provision protects the right of the people
Section 2 of Article III of the Constitution peaceably to assemble and petition the
protects individual against unreasonable government for redress of grievances
arrest, search and seizures. This Clear and Present
protection is available to all persons Danger Rule means that words are used in
whether natural or artificial, including such circumstances and nature as to
aliens, whether accused of a crime or not. create a clear and present danger that will
bring about substantive evil that the state
To speak of arrest, it is the taking of a person into has the right to prevent.
custody in order that he may be bound to answer Dangerous Tendency
for the commission of an offense (Sec. 1, Rule Rule means that the words uttered create
113, Rules of Court of the Philippines). a dangerous tendency of an evil which
the state has the right to prevent. It is
WITHOUT WARRANT OF ARREST sufficient if the natural tendency and the
probable cause of utterance will bring
CAUGHT IN THE ACT about substantive evil that the legislative
WANTED body seeks to prevent
When the person to be arrested is a
prisoner who has escaped
MODULE #23 part3 Freedom of Locomotion or Movement.
Freedom of movement includes the
Balancing of Interest Test liberty of abode and of travel (Sec. 6, Art.
means that when the particular conduct is III, 1987 Constitution). The liberty of
regulated in the interest of public order abode may be impaired only upon lawful
and consequently resulted in an indirect, order of the court. This prohibits the
conditional or partial abridgement of practice of hamletting or herding of
speech, the Court will determine which of people against their will.
the following conflicting interests
demands greater protection under the Right to Information or Access to Public
particular circumstances. Documents.
Section 7 of Article III of the Constitution
Right Against Detention by Reason of Political provides that “(t)he right of the people to
Beliefs and Aspirations. information on matters of public concern
The basis of “non-detention by reason of shall be recognized.” This provision is
political beliefs and aspirations” would be otherwise known as the Transparency
the rights protected by Section 4 of Article Doctrine.
III of the Constitution. Freedom of
political belief is also guaranteed in Notwithstanding the above, however, this right is
Section 18 (1) of Article III of the same subject to limitations, to wit:
Constitution
1. In national security matters which include state
Freedom of Religion. secrets regarding military, diplomatic and other
The twin clauses of free exercise and non- information on inter-government exchanges;
establishment express an underlying
concept of separation of State and the 2. Trade secrets and other banking transactions
Church (Sec. 5, Art. III, Constitution). The pursuant to Intellectual Property Code and Bank
Free Exercise Clause in the Constitution is Secrecy Law, Anti-money Laundering Law and
the respect to the inviolability of human Anti-Graft Law;
conscience
3. Criminal matters or classified law enforcement
Right Against Religious Test in Public Service. matters; and,
The third sentence of Section 5 renders
the government powerless in establishing 4. Other confidential matters (Chavez v.. PCGG,
the policy of probing religious beliefs by GR 130716, December 9, 1998).
test oaths or limiting public offices to
persons who have or profess to have a Right of Association.
belief in some particular kind of religious The right to form associations is provided
concepts (Ebranilag v Division of for in Section 8 of Article III of the
Superintendent of Schools, 219 SCRA Constitution. This right is recognized as
256). belonging to people whether employed or
unemployed, connected with private
sector or public sector (Bernas, 2004).
MODULE #23 part4 Miranda Rights.
The rights of a person under investigation
Freedom of Contract. for the commission of an offense are
protected in Section 10 of Article III of the provided in Section 12 of Article III of the
Constitution which states that “(n)o law Constitution. This provision is of
impairing the obligation of contracts shall American origin. It comes from decisions
be passed.” Conformably, a law which of the American Supreme Court in the
changes the terms of the contract case of Miranda v. Arizona, 384 US 436,
between parties, either in time or mode wherein the Court enumerated the rights
of performance, or imposes new of the accused under custodial
conditions, or dispenses with those investigation. This is the reason why the
expressed or authorizes for its satisfaction rights of the accused as provided for by
something different from that provided in Section 12 are also known as the Miranda
its terms, is a law which impairs the Rights.
obligation of a contract and is therefore
null and void (Clemons v. Nolting,42 Phil Miranda rights include the right to be informed
702) of