You are on page 1of 12

MODULE #13 Virtues of active citizenship:

• 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

* Fundamental Principle – Preservation of Ethnic Drivers of Active Citizenship:


and Cultural Diversity • Innovation
* Rule of Law emphasized in the context of • Entrepreneurship
nation-building – Equality before the law and • Productivity
legal accountability • Social involvement
* Nation-Building builds a sense of Nationalism
* Critical aspect of successful nation-building and MODULE #15
democratization – inclusive political
participation and representation CITIZENSHIP - a term denoting membership of a
citizen in a political society
DEMOCRATIZATION - term refers to the process - stipulated or stated in the Article IV of the 1987
by which a country transitions from an PH Constitution
authoritarian regime to a democratic one ALIEN – a non-resident of a country. Or
commonly referred as foreigner.
Key Element of democratic governance in the
context of nation-building – free and fair 2 RECOGNIZED FORMS OF ACQUIRING PH
elections CITIZENSHIP

MODULE #14 1. By birth (Jus Soli) – right of soil – the


nationality of a person is determined by the place
ACTIVE CITIZENSHIP - means people getting of birth. (Jus Sanguinis) – right of blood – the
involved in their communities and democracy at nationality is acquired what his/her parent/s is.
all levels from local to national and global. Its key (The Philippine uses this principle)
characteristic is to be engaged in civic
participation and advocacy. 2. Filipino by Naturalization - this happens when
a person renounces a former nationality and
Active Citizenship: accept a new one to be part of the citizens. FOR
• Respect EXAMPLE: An American wants to live here in the
• Honoring duties Philippines, he shall denounce his citizenship and
• Being informed be a Filipino by Naturalization. This will go under
• Compassion certain circumstances
• Active involvement
• Working together The two categories of Philippine citizens
• Sustainable solution
• Self-development  natural born
• Safe, stable and clean environment  naturalized
MODULE #16

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

TWO TYPES OF POLITICAL PARTICIPATION Lobbying - a form of political participation that


involves persuading elected officials to support
1. Conventional participation – follow the specific policies.
political system. Voting, campaigning, lobbying
officials. Attending a town hall meeting - example of
➢ Voting direct political.
➢ Letter Writing
➢ Contract Representatives MODULE #18
➢ Working on campaigns
➢ Joining Groups CIVIL SOCIETY - has been characterized as an
➢ Running for office agent for limiting authoritarian government and
working towards popular empowerment.
2. Unconventional Participation - do not follow
routinised institutional forms of politics. Protest, Five (5) areas for NGO participation in electoral
demonstration, violence, revolution. processes
➢ Boycotts
➢ sit-ins 1.) Advocacy for electoral reforms
➢ Marches 2.) The raising of political consciousness
➢ Demonstrations 3.) Advancement of the people’s platform or
➢ Violence agenda in elections
4.) Direct participation thought the fielding of
LEVELS OF POLITICAL PARTICIPATION and campaigning for chosen candidates
5.) Post-election activities
GLADIATOR ACTIVITIES
➢ Holding office MODES OF SOCIAL DEVELOPMENT
➢ Candidate for office
➢ Active Party Membership  Government –led development: welfare
➢ Contributing time in a campaign state- concept to ameliorate the adverse
social situations resulting out of industrial
TRANSITIONAL ACTIVITIES revolution and colonial regimes in post
➢ Attending in Political Rally WW-II situation.
➢ Donating Money to a party
➢ Contacting an official  Community-led development: Church -
rotaries in the west • Gandhi Sewa gram
SPECTATOR ACTIVITIES model, tagore’s Shriniketan model of rural
➢ Wearing a button/badge development. These are self- sufficient
and self -sustaining communities
MODULE #18 part2
Conservative
ROLES OF CIVIL SOCIETY ORGANIZATION (CSO)  These people work to prevent changes
from taking place.
1.) Engaged in mobilization of social actors;
women, and labor sector. Reformist (revisionist)
 Very well-known as the liberal, these
2.) Representing the interest of the specific people desire moderate
groups in governmentsociety interactions
Revolutionary
3.) Engaged in monitoring and evaluating  This type of movement is designed to
government activities on behalf of society bring about major change, such as coup
or the movement to legalize the use of all
4.) Engaged in developmental activities; illegal substances.
commonly known as development NGOs. This
includes improving equity or stimulating Escapist (Retreatist)
particular kinds of developmental action which  People who belong to this type of
enhance the well-being of the poor and the movement “dropout” of society by
socially marginalized. isolating themselves. Such groups could
be religious cults or survivalist militias.
CIVIL SOCIETY ORGANIZATION for Social
Development (impacting good governance) Assimilationist
 This is designed to help minority groups
➢ Public policy and decision making become assimilated or accepted into
➢ Transparency and information society
➢ Social change through social activism
➢ Supplementing government efforts Pluralist
➢ Working for social justice  They seek acceptance without claiming to
be the same as the majority.
CIVIC RESPONSIBILITY - The obligation of citizens
to participate in their community and society Expressive
POLITICAL EFFICACY - The belief that one's  Rather than be specific about their goals,
actions can influence government and politics an expressive movement tried to
influence how people think and then let
MODULE #19 them decide how to act.

Social Movements -are designed to either bring Alternative


about or prevent societal changes  Seek to get people to change their
lifestyle. Example: is the 10,000 man
TYPES OF SOCIAL MOVEMENTS movement or the Million man march

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.

Authoritarian (autocratic) Transformational (visionary)


 In an autocratic environment, the leader
makes decisions without input from the  Transformational leaders exist to energize
rest of the team. It’s a highly authoritarian teams and sell a company’s vision. Using a
leadership style that can demoralize mix of empathy, enthusiasm, and praise,
employees in the wrong situation. they encourage individual workers to
achieve their objectives, explore new
Participative (democratic) ideas, and improve their outcomes. Under
a transformational leader, employees feel
 They open up most decisions for debate, empowered and loyal, though in larger
which help employees feel valued and companies this style of soft leadership can
appreciated. In some cases, democratic sometimes appear distant or insincere.
leaders can seem indecisive, as though
they don’t trust their own ability to reach TYPES OF FOLLOWERS
conclusions, and these leaders can
improve their effectiveness by learning to Converts -
make quick decisions in critical  these people are the true “diehards” of
circumstances the movements. They are willing to
devote their life to the cause.
Delegative (laissez-faire)
Adherents -
Two types of laissez-faire leaders exist.  most people who belong to a movement
fit into his category. They support the
Intentional laissez-faire leaders believe in cause only to a point. They aren’t willing
giving their employees autonomy and to break the law or give their life to the
creative freedom. They let workers set cause
their own schedules and make decisions.
Unintentional laissez-faire leaders, on Opportunists -
the other hand, sometimes lack control  these people support a movement
over their teams. because they see a way to advance their
own lives in some way. A celebrity who
 Transactional (managerial) supports a popular cause or someone
who can financially benefit from a
A transactional leader values order and movement would belong to this category
systems. They set targets for employees
and outline the rewards and penalties Adventurers -
associated with meeting or not meeting  these supporters seek excitement. They
those targets. This rigid style of leadership belong to a movement because it is
encourages high compliance within teams exciting to them, not because they really
while suppressing creativity and ingenuity support the cause.
---
MODULE 19 part3 TYPES OF PUBLIC POLICIES

TYPES OF TACTICS USED BY SOCIAL MOVEMENTS Regulatory policy


 Designed to limit the actions of persons or
Educational - groups so as to protect the general public
 designed to teach people the reasons why or a substantial portion of public
movement exists and why they should
care about it. Posters, films, speeches, Distributive policy
ads, etc. are used.  Most common form of government policy,
uses tax revenues to provide benefits to
Political - individuals or groups by means of grants
 working through the political system to or subsidies.
bring about or prevent change
Redistributive policy
Direct -  Take taxes from certain groups and give
 this is when social movements take them to another group.
matters into their own hands. They make
extreme measures such as destroying an Other types
abortion clinic, freeing animals from • Criminal Justice: death penalty, drug policy, and
experimental lab, boycotting a business gun control.
that uses slave labor, etc. • Culture and Society: abortion, arts, and civil
rights.
Religious - • Economic Affairs: budget and taxes.
 Appealing for religious organizations using • Education: elementary and secondary, and
ethical and moral concepts higher education.
• Environment: air quality and global warming.
MODULE #20 • Government Operations: campaign finance
reform and privatization
Public policy system- refers to the courses of
action, regulatory measures, laws, and funding STAGES OF POLICY PROCESS
priorities concerning a given topic promulgated
by a governmental entity or its representatives.  Agenda setting/ Identification of Issues or
problems
Three (3) Parts to Public Policy-Making  Policy Formulation
 Policy Adaption/ Legitimization
➢ Problem – issue that needs to be addressed  Policy Implementation
 Policy Assessment/Evaluation
➢ Player – individual or group that is influential
in forming a plan to address the problem in
question

➢ Policy – finalized course of action decided


upon by the government; when open to
interpretation by NGO player and private sector
including church and cultural institutions
MODULE #21 MODULE #22

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

 The Legislative branch is authorized to Values of Human Rights


make laws, alter, and repeal them through • Dignity
the power vested in the Philippine • Justice
Congress. This institution is divided into • Respect
the Senate and the House of • Equality
Representatives.
Four (4) characteristics of human rights:
FUTURE OF PUBLIC POLICY
 Future belongs to Flexible Public Sector • Inherent – essential part of our lives, intrinsic.
rather than Machine Bureaucracies.
• Universal – people have human rights whoever
difference between law and public policy they are and whenever they are.
 “Policy” also means what a government
does not intend to do. It also evolves the • Indivisible – human rights must be enjoyed by
principles that are needed for achieving everyone in its full range.
the goal. Policies are only documents and
not law, but these policies can lead to • Inalienable – can’t be taken away or
new laws.” transferred (but can be limited when the exercise
 “Laws are set standards, principles, and of it is an affront to the rights of others.)
procedures that must be followed in
society. CLASSIFICATION OF HUMAN RIGHTS

• Civil rights – pertains to the rights belonging to


a person by reason of citizenship

• Political rights – enables the people to


participate in running or influencing the
administration of the government.
MODULE #22 part2 Civil Rights.
 Civil rights are those rights which the law
• Economic rights – pertains to access to the will enforce at the instance of private
resources – such as land, labor, physical, and individuals for the purpose of securing to
financial capital – that are essential for the them the enjoyment of their means of
creation, legal appropriation, and market happiness.
exchange of goods and services.
Rights of the Accused
• Social rights – relates to living together or  Rights of the accused are the rights
enjoying life in communities organized groups. intended for the protection of a person
accused of any crime.
• Cultural rights – ensures the well-being of the
individual and fosters the preservation, Hierarchy of Rights
enrichment and dynamic evolution of arts, In one sweeping statement, the Constitution has
manners and way of living of a group with engraved the basic protection given to life, liberty
principles of unity in diversity of expression. and property (Sec. 1, Art. III, 1987 Constitution)

MODULE #23 The Different Constitutional Rights


 Constitutional rights refer to those rights
Bill of Rights. - It may be defined as declaration of an individual which are granted by the
and enumeration of a person;s rights and Constitution. They include all the rights
privileges which the constitution is designed to enumerated under the Bill of Rights.
protect against violations by the Government, by
an individual, or groups of individuals. It is a Right to Due Process.
fundamental characteristic of a republican  Daniel Webster defined due process as a
system. “law which hears before it condemns”.
This definition contemplates notice and
The Bill of Rights as provided in Article III of our opportunity to be heard before judgment
Constitution includes, inter alia , the right against is rendered affecting one’s person and
illegal searches and seizures, the liberty of abode property
and travel (right of locomotion), the freedom of
religion, the freedom of expression, the Two aspects of due process of law
impairment clause (freedom of contract), and the
rights of the accused in criminal cases. substantive due
 process which protects the rights of an
The Classifications of Constitutional Rights individual against the exercise of
governmental arbitrary power even when
Political Rights. the power is exercised with proper forms
 Political rights are rights of the citizens and procedure
which give them the power to participate,
directly or indirectly, in the establishment procedural due process
or administration of the government  which refers to the mode and method
which government must follow in the
enforcement of law
MODULE #23 part2 In the case of search, the judge, before issuing
the search warrant, must personally examine in
Right to Equal Protection. the form of searching questions and answers, in
 This right guarantee legal equality or writing under oath , the complainants and any
equality before the law. The guarantee of witness he may produced on the facts personally
equal protection states that no person or known to them, and attach to the record their
class of person shall be deprived of same own statement together with any affidavit
protection of laws which is enjoyed by
other persons or other classes in the Right to Privacy of Communication and
same place and in like circumstances Correspondence (Section 3)
(People v. Cayat, 68 Phil. 12, 18). This  This right to privacy of communication
simply means “equality among equals”. and correspondence granted by the
Constitution is not absolute. The State
four requisites of the right to equal protection may infringe or intrude that privacy of
communication by some process or by
1) it must rest on substantial distinction; appealing to the court for purposes of
determining whether or not the privacy
2) it must be germane to the purpose of the law; should be maintained.
 , such violates the rights guaranteed by
3) it must not be limited to existing condition this provision (RA 4200, Anti-wire
only; and, Tapping Law).

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

 The kind of contract which is protected by a) the right to remain silent,


the Constitution is the one that is not
contrary to law, morals, good customs, b) the right to have competent and independent
public order, or public order, or public counsel preferably of his own choice or to be
policy (Art. 1306, Civil Code of the provided with one,
Philippines)
c) the right against the use of torture, force,
MODULE #24 violence, threat, intimidation, or any other means
which vitiates the free will; and,
THE BILL OF RIGHTS
d) the right against being held in secret, solitary,
Free Access to Courts and any Quasi-Judicial incommunicado, or other similar forms of
Bodies. detention
 As provided for in Section 11 of Article III
of the Constitution, “free access to the Right to Bail
courts and quasi-judicial bodies and  Bail refers to the security given for the
adequate legal assistance shall not be release of a person in custody of law,
denied to any person by reason of furnished by him (cash), a bondsman, or
poverty”. This particularly focused on the through recognizance, conditioned upon
less fortunate Filipinos by allowing his appearance before the court as may
litigation in forma pauperis or pauper be required (Sec. 1, Rule 114, Rules of
litigant. As Pres. Ramon Magsaysay once Court).
said that, “(t)hose who have less in life
should have more in laws
MODULE #24 part2 Right to Speedy Disposition of Cases.
 “Justice delayed is justice denied”. This is
RIGHT TO BAIL part2 the operating principle of the provision
 the fastest means of obtaining temporary which states that “all persons shall have
liberty, but this right can only be granted the right to a speedy disposition of their
upon court’s finding that the evidence of cases before all judicial, quasi-judicial, or
guilt is not strong and the offense charged administrative bodies” (Sec. 16, Art. III,
is not punishable by reclusion perpetua Constitution).
(Sec. 13, Art. III, 1987 Constitution).
Right against Self – Incrimination.
 this right to bail is not available to military  This right is guaranteed in Section 17 of
for there is substantial distinction Article III of the Constitution, which
between military and civilians provides that “(n)o person shall be
(Commendador v. de Villa, 200 SCRA 80) compelled to be a witness against
himself.” It is available in all government
Privilege of the Writ of Habeas Corpus. proceedings and other similar nature.
 The writ of habeas corpus is an order
issued by a court of competent Freedom of Political Belief.
jurisdiction, directed to a person Section 18 of Article III of the Constitution states
detaining another, commanding him to that “(n)o person shall be detained solely by
produce the body of the prisoner at the reason of his political belief and aspirations”.
designated time and place, with the day According to De Leon (2004), this provision is a
and the cause of his caption and the positive declaration that within the democratic
detention to do, to submit to, and to framework, the people, for example, can freely
receive whatever the court or judge speak of what they think is wrong in the
awarding the writ shall consider in his government and its leaders, or seek changes in
behalf. the government and its policies which they
believe to be necessary or the removal of public
 a speedy and effective remedy to restore officials unworthy of their trust (Sec. 4, Art. III,
the liberty of an individual subjected to Constitution).
physical restraints and secures the
prisoner the right to an examination and Right Against Involuntary Servitude.
determination by the court of the cause The concept of slavery has been abandoned and
of his detention prohibited by Section 18 (2) of Article III for no
one will be compelled to render service against
his will except on the following instances:
 Section 15 of Article III of the
Constitution provides that “the privilege 1. Punishment for a crime where one has been
of the writ of habeas corpus shall not be duly convicted;
suspended except in cases of invasion or
rebellion when the public safety requires 2. Service in defense of the state;
it.
3. Naval enlistment;
MODULE #24 part2 Prohibition against Ex Post Facto Law and Bill of
Attainder.
Right against involuntar servitude part 2  Section 22 of Article III of the Constitution
provides that “(n)o ex pos facto law or bill
4. Posse Comitatus (U.S. v. Pompeya, 31 Phil of attainder shall be enacted..”
245);
An ex-post facto law has been defined as one:
5. Return to work order in industries affected
with public interest; and, 1. Which makes an action done before the
passing of the law and which was innocent when
6. Patria Potestas (Art 311, Civil Code). done criminal and punishes such action.

Right Against Prohibited Punishment. 2. Which aggravates a crime or makes it greater


 Excessive fines and cruel, degrading, or than when it is committed;
inhuman punishments are prohibited by
Section 19 of Article III of the 3. Which changes the punishment and inflicts a
Constitution. To violate this constitutional greater punishment than the law annexed to the
guarantee, the penalty must be flagrantly crime when it was committed; or,
and plainly oppressive, wholly
disproportionate to the nature of the 4. Which alters the legal rules of evidence and
offense as to shock the moral sense of receive less or different testimony than the law
the community. required at the time of the commission of the
offense in order to convict the defendant.
Right Against Non-imprisonment for Debt or
Non-payment of Poll Tax. In short, a retroactive application of law violates
 It is provided in Section 20 of Article III of this constitutional provision, however, such is
the Constitution that “(n)o person shall be subjected to the limitations as may be provided
imprisoned for debt or non-payment of a by law. Moreover, an ex post facto law violates
poll tax”. While the debtor cannot be the substantive aspect of due process of law.
imprisoned for the non-payment of debt.
A bill of attainder, on the other hand, is a
Right against Double Jeopardy. legislative act which inflicts punishments without
 The right against double jeopardy is judicial trial. This constitutional provision against
provided for in Section 21 of Article III of bill of attainder is our safeguard against the
the Constitution. This right means that legislative exercise of judicial function or trial by
when a person is charged with an offense legislature
and the case is terminated either by
acquittal or conviction or in any other
manner without the express consent of
the accused, the latter cannot again be
charged with the same or identical
offense (Melo v. People of the
Philippines, 85 Phil. 766).

You might also like