NSTP 1 Midterm Lesson 1 - Filipino Citizenship and Governance - PDF

 -- -- -- -- Lesson 1: Citizenship and Good Governance ========================================= Lesson Objectives: ================== At the end of this chapter, the students should be able to: 1. Increase participation in fos...

 -- -- -- -- Lesson 1: Citizenship and Good Governance ========================================= Lesson Objectives: ================== At the end of this chapter, the students should be able to: 1. Increase participation in fostering good governance processes; 2. Respect, honor, and give due accord to their Filipino heritage, patrimony, values, and traditions; 3. Uphold the Philippine Constitution, obey the laws of the land, and cooperate with the duly constituted authorities in the attainment and preservation of a just and orderly society; 4. Conduct capability enhancement for civic welfare services geared toward strengthening the values and traits of the youth. Getting Started: ================ Good governance is an indeterminate term used in the international development literature to describe how public institutions conduct public affairs and manage public resources. Governance is "the process of decision-making and the process by which decisions are implemented (or not implemented)." The term *governance* can apply to corporate, international, national, local governance or to interactions between other sectors of society. Discussion: =========== I. **Good Governance in National Government** Lawson (2011) in his review of Rothstein's book, "*The quality of government: Corruption, social trust, and inequality in international perspective*," mention that the author relates good governance to the concept of impartiality, which is basically when the bureaucrats perform their tasks following the public interest rather than their own self-interest. Lawson differs with him in this impartial application of law that ignores important factors, like economic liberalism, which matters because of its relation to economic growth. II. **Good Governance in Local Government** 1. **Empowered citizens** 2. **Neighborhood councils**; and 3. **Community councils** Good Governance in local government aims to increase civil engagement with more members of the community to get the best options that serve the people. III. **1987 Constitution -- Article III** Approved: February 02, 1987 **BILL OF RIGHTS** Concept of Bill of Rights Bill of rights may be defined as a declaration and enumeration of a person's rights and privileges that the Constitution is designed to protect against violation by the government or by and individual or groups of individuals. It is a charter of liberties for the individual and a limitation upon the power of the State. **Classes of Rights** 1. **Natural Rights** -- They are the rights possessed by every citizen without being granted bt the State, for they are given to man by God as a human being created in His image so that he may live a happy life. 2. **Constitutional Rights** -- They are the rights that are conferred and protected by the Constitution. Since they are part of the fundamental law, they cannot be modified or taken awat by any law-making body. 3. **Statutory Rights** -- They are rights that provided by laws promulgated by a law-making body; consequently, they may be abolished by the same body. IV. **Classification of Constitutional Rights** 1. **Political Rights** -- They are such rights of the citizens that give them the power to participate, directly or indirectly, in the establishment or administration of the government. 2. **Civil Rights** -- They are the rights that the law will enforce at the instance of private individuals for the purpose of securing for them the enjoyment of their means of happiness. 3. **Social and Economic Rights** -- They refer to the rights that are intended to insure the well-being and economic security of the individual. 4. **Right of the Accused** -- They are the (Civil) rights intended for the protection of a person accused of any crime. **Meaning of due process of law** Any deprivation of life, liberty, or property by the State is with due process if its done (a) under the authority of a law that is valid or of the Constitution itself, and (b) after compliance with fair reasonable methods of procedure prescribed by law. **Aspects of due process of law** Due process of law has therefore, a two-fold aspect, namely: 1. **Procedural due process**, which refers to the method, or manner by which the law is enforced. It requires, to paraphrase Daniel Webster's famous definition... a procedure "which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trials." An indispensable requisite of this aspect of due process is the requirement of notice and hearing. 2. **Substantive due process**, which requires that the law itself, not merely the procedures by which the law would be enforced, is fair, reasonable, and just. In other words, no person shall be deprived of his life, liberty, or property, for arbitrary reasons or on flimsy grounds. Procedural due process 1. **In judicial Proceedings** -- For the most part, procedural due process has its application in judicial proceedings, civil or criminal. It requires: a. An impartial court clothed by law with authority to hear and determine the matter before it; b. Jurisdiction lawfully acquired over the person of the defendant or property, which is the subject matter of the proceedings; c. Opportunity to be heard given the defendant; and d. Judgment to be rendered after lawful hearing. 2. **In administrative Proceedings** -- Due process, however, is not always a judicial process. In certain proceedings of an administrative character, notice and hearing may be dispensed with, where because of public need or for practical reasons, the same is not feasible. Thus, the offender may be arrested pending the filing of charges, or an officer or employee may be suspended pending an investigation for violation of civil service rules and regulations. **Substantive due process** Viewed in its substantive aspect, due process of law requires that the law question affecting life, liberty, or property be a valid law, i.e., within the power of the law-making body to enact and is reasonable in its operation. Thus, a tax that is imposed for a private purpose constitutes the taking of property without due process as it is beyond the authority of the legislature to levy. **Section 2.** The right of people to be secure in their person, 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 be issued except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. **Section 3.** 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. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. **Section 4.** No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. **Section 5.** No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination of preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. **Section 6.** The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. **Section 7.** The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizens, subject to such limitations as may be provided by law. **Section 8.** The right of people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. **Section 9.** Private property shall not be taken for public use without just compensation. **Section 10.** No law impairing the obligation of contracts shall be passed. **Section 12.** No torture, force, violence, threat, intimidation, or any other means, which vitiate the free will shall be used against him. Secret detention place, solitary, incommunicado, or any other similar forms of detention are prohibited. Any confession or admission obtained in violation of this or Sec. 17 hereof shall be inadmissible in evidence against him. The law shall provide for penal and civil sanctions for violations of this section, as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. **Section 14.** No person shall be held to answer for a criminal offense without due process of law. **Section 17.** No person shall be compelled to be a witness against himself. **Section 18.** No person shall be detained solely by reason of his political beliefs and aspirations. **Section 19.** **Section 20.** No person shall be imprisoned for debt or nonpayment of a poll tax. **Section 22.** No ex post facto law or bill of attainder shall be enacted. References/Attributions: ======================== 1. 2. 3. [Calamba City, Laguna Profile -- PhilAtlas](https://www.philatlas.com/luzon/r04a/laguna/calamba.html) 4. [The Constitution of the Republic of the Philippines \| Official Gazette of the Republic of the Philippines](https://www.officialgazette.gov.ph/constitutions/1987-constitution/) 5. [FAQs -- National Service Training Program Diliman (upd.edu.ph)](https://nstp.upd.edu.ph/faqs/) 6. [Character Education (edpsycinteractive.org)](http://www.edpsycinteractive.org/brilstar/Character/goodcitizen.html) 7. [(PDF) Understanding Man as a Subject and a Person: A Wojtylan Personalistic Interpretation of Human Being (researchgate.net)](https://www.researchgate.net/publication/26538843_Understanding_Man_as_a_Subject_and_a_Person_A_Wojtylan_Personalistic_Interpretation_of_Human_Being) 8. [What makes a man a human person? - Quora](https://www.quora.com/What-makes-a-man-a-human-person) 9. [Human Rights \| Definition of Value by Merriam-Webster (merriam-webster.com)](https://www.merriam-webster.com/dictionary/value)