PNF Module 7 Social Science with Phil. Constitution PDF

SELF-PACED LEARNING MODULE COLLEGE MODULE 7 Subject: Social Science with Phil. Constitution AISAT COLLEGE – DASMARIÑAS, INC. This material has been developed in support to the Senior High S...

SELF-PACED LEARNING MODULE COLLEGE MODULE 7 Subject: Social Science with Phil. Constitution AISAT COLLEGE – DASMARIÑAS, INC. This material has been developed in support to the Senior High School Program implementation. Materials included in this module are owned by the respective copyright holders. AISAT College – Dasmariñas, the publisher and author do not represent nor claim ownership over them. This material will be reproduced for educational purposes and can be modified for the purpose of translation into another language provided that the source must be clearly acknowledged. Derivatives of the work including creating an edited version, enhancement or a supplementary work are permitted provided all original works are acknowledged and the  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h Page |2 SocSci s: rs copyright is attributed. No work may be derived from this material for commercial purposes and profit. INFORMATION SHEET MT 7.1.1 Constitution of Liberty 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. What is the Liberty of Abode and the Right to Travel? Liberty of abode includes the right to choose one’s residence, to leave it whenever one pleases, within the limits prescribed by law, to travel where one wills , and return to hi place of residence, except in the interest of national security, public safety, and health. What are the Limitations of the Right to Abode and Travel? The phrase “except upon lawful order of the court.” And except in the interest of national security, public safety, or public health.” Means, in other words, subject to the dominant police power of States, thus, a person facing criminal charges may be restrained by the court from leaving the country or, if abroad, compelled to return. 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 citizen, subject to such limitations as may be provided by law. What is the Scope of the Right to Information? 1. The right to information embrace all public records. 2. It is limited to citizen only but is without prejudice to the right of aliens to have access to records of cases where they are litigants 3. Its exercise is subject to such limitation as may be provided by law, e.g. as to time, place and manner of access to information. The right to information guaranteed under this provisions is on the following: 1. It is consonance with the principle of popular sovereignty. In a democratic society, the sovereign people have the right to access to the records of their government. 2. It will enable the people to participate more effectively government affairs; 3. It will make fiscalization of government more factual, responsible and effective. SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h Page |3 SocSci s: rs 4. It will provide a deterrent to the commission of venalities because of the resulting awareness of officials that their acts will be exposed to the full light of public scrutiny. What are the Limitations on the Right to Information? It is recognized that the records involving the security of the State or which are confidential in character should be exempted. Presently, certain public records are declared confidential either by the law or by administrative regulations. Examples of these are Income Tax Returns under the Central bank of Act; accounts pertaining to military intelligence funds; certain army records; and disbursement proceedings. INFORMATION SHEET MT 7.1.2 Constitution of Liberty SECTION 8. The right of the 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. What is the Right of Association? It is the right to form, join or not join societies or organizations for social, scientific, cultural, political, religious or other lawful purposes, The right of association is deemed embraced in “freedom of expression” because the organization can be used as a vehicle for the expression of the views that have a bearing on the public welfare. These views would be more effectively disseminated and would reach a wider audience if articulated or communicated through an organization to which a person belongs, than if one were to ventilate them as a mere individual. Limitations on the Right The phrase “for purposes not contrary to law” is an express limitations on the right. While the law grants the exercise of a person to form association, societies or union, the same right may be interfered with by the Sate in the exercise of its policy power when the association is form purposely to create violence, overthrow the government, or create disturbance in the community. Employees in the civil service may not engage in strike, walkout and temporary work stoppages like workers in the private sector. Employment in the government is governed by the law. Government workers cannot use to ensure concessions from their employees, The term and Condition of employment are affected through statues and administrative rules and regulations, not through collective bargaining agreements. SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h Page |4 SocSci s: rs SECTION 9. Private property shall not be taken for public use without just compensation. The Inherent Power of the State 1. Power of Eminent Domain 2. Police Power 3. Power of Taxation Concept of the Power of Eminent Domain It is the right of the State, as a sovereign, to take or expropriate property for public use upon payment for just compensation. It is based on political necessity; it is inseparable from the state sunless denied to it by its fundamental law. Who may Exercise? The power of eminent domain is lodge primarily in the national legislature but its exercise may be validly delegated to other governmental entitled and, in fact, even to private corporations, like to so-called quasi- public corporations, serving essential public needs or operating public utilities. Under existing laws, the following may exercise the power of expropriation: 1. The Congress 5. Certain public corporations like Land 2. The President Registration Authority and MWSS 3. The Various Local Legislative Bodies 4. Quasi-public corporations like the PNR, the PLDT and the MERALCO INFORMATION SHEET MT 7.1.3 Constitution of Liberty Conditions for or Limitation upon its Exercise 1. Public use- as traditionally understood means any use directly available to the general public as a matter or right and not merely of forbearance or accommodation. It may be defined or identified with “public benefit,” “public advantage.” It may be identified with whatever is beneficially employed for the community. But the expropriation a lot for the benefit of few families is not lawful because it lacks of any consideration of public use or advantage. 2. Just Compensation – Is described as a full and fair equivalent of the property taken from the private owner by the expropriator. The word ‘just” is used to intensify the meaning of the word compensation, to convey the idea that the equivalent to be rendered for the property taken shall be real, substantial, full and ample. The compensation to be just, must be fair not only to the owner but also to the expropriator. To ascertain just compensation, the court should determine first the actual or basic value of the property. The basic or market value of the property is the price that may be agreed upon by the parties willing but not compelled to enter a contract of sale. Among the factors to be considered in arriving at the fair market value of the property are cost acquisition, the current value of like properties, its actual or potential uses, and in particular case of lands, their size, shape or location and the tax declaration thereon. SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h Page |5 SocSci s: rs 3. Observance of Due Process – in the taking of private property for public use. Procedural due process always requires that the owner shall have due notice and hearing in the expropriation proceedings. SECTION 10. No law impairing the obligation of contracts shall be passed. What is the Meaning of Obligation and Contract and When is it Impaired by Law? The obligation of contract is the duty that binds the parties to a contract, to perform their understanding according to its terms or intent, if it (the agreement) is not contrary to law, morals, good customs and public policy. It is impaired if its terms and conditions are changed by law so that the rights of a party are substantially altered. Meaning of Contract – A contract is a meeting of minds between two persons whereby one binds himself, with the respect to the others, to give something or to render some service. The term “contract” as used in this provisions refers to any lawful agreement on property or property rights, whether real or personal;, tangible or intangible. It includes franchise or charters granted to private persons or entities, like an authorization to operate public utility. Meaning of Obligations – an obligations is the juridical necessity to give, to do or not to do. The obligation of the contract is the vinculura juris, i.e., the tie that binds the parties to each other. :The obligation of a contract is the law or duty which binds the parties to perform their undertaking or agreement according to its terms and intent.” Law – as used in the impairment clause, “law” includes statutes enacted by the national legislature, executive orders and administrative regulation promulgated under a valid delegation of power, and a municipal ordinance passed by the local legislative bodies. The contract shall not be impaired if the law is made to operate prospectively only, to cover contracts entered into after its enactment. But when the law is made retroactive so as to affect existing contracts concluded before the enactment, then there is impairment of contract. INFORMATION SHEET MT 7.2.1 Constitution of Liberty Impairment – is anything that diminishes the efficacy of the contract or when the terms and conditions are change/altered by law or by party without the consent of the other party thereby weakening the position or rights of the latter. Example is when conditions are being imposed although not expressly stipulate in the contract. Or a law increasing or decreasing the rate of interest for the loan of money. Said law certainly impairs the obligation of contract. Limitations – the right guaranteed under this section is however not absolute because a contract valid at the time of it execution may be legally SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h Page |6 SocSci s: rs modified or even completely invalidated by a subsequent law. If the law is a proper exercise of police power, it will prevail over the contract. In once case the Court ruled that a consideration, for the operations of a lottery by private corporation, was in effect evoked when the legislature subsequently imposed a prohibition on all kinds of gambling within the state. The measure was sustained although the term of franchise had not yet expired. 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. The New Constitutions has expanded the right so that in addition to giving free access to courts, it now guarantees free access also to “quasi-judicial bodies” and “adequate legal assistance” as well. Right to Free Access to the Courts and Quasi-Judicial Bodies The guarantees of due process and equal protection of the laws assure all persons like access to the courts as well as quasi-judicial bodies of the country for the protection of their persons and property, the prevention and redress of wrongs, and this enforcement of contract. But such guarantees are futile if the persons are prevented from going to court on account of their property. Within this category maybe mentioned ad the low paid employed, domestic servants and laborers who to collect their small salaries and wages, might have to go to court and yet are without means to pat filling or sheriff’s fees and attorney’s fees. To give reality to these constitutional rights, our Constitutions has expressly included the above provision. Right to Adequate Legal Assistance It may not be sufficient you just grant the rights of a pauper, like exemption from payment of court fees, to poor litigants. The State has also the constitutional duty to provide free and adequate legal assistance to citizens where by reason of indigence they are unable to engage the services of a lawyer to defend them or to enforce their rights in civil, criminal, or administrative cases. Constitutional Rights of Accused in Criminal Cases They are: 1. The right to adequate legal assistance; 2. The right, when under investigation for the commission of an offense, to be informed of his right to remain silent and to have counsel; 3. The right against the use of force, violence, threat, intimidation or any other means which vitiates the free will; INFORMATION SHEET MT 7.2.2 Constitution of Liberty 4. The right against being held in secret detention places, incommunicado or similar forms of solitary detention; 5. The right to bail and against excessive bail; 6. The right to due process of law; SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h Page |7 SocSci s: rs 7. The right to presumption of innocence; 8. The right to be heard by himself and counsel; 9. The right to be inform of the nature and cause of the accusation against him; 10.The right to have speedy, impartial and public trial; 11.The right to meet the witness face to face; 12.The right to have compulsory process to secure the attendance of the witness and the production of evidence in his behalf; 13.The right against self-incrimination; 14.The right against detention by reason of political belief and aspirations; 15.The right against excessive fines; 16.The right against cruel, degrading or inhuman punishment; 17.The right against infliction of the death penalty except in heinous crimes; and 18.The right against double jeopardy. 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 free will shall be used against him. Secret detention places, solitary, incommunicado, 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 in 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. What does Custodial Investigation Means? Custodial investigation means any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived off his freedom of action in any significant ways. What are the Rights of a Person under Investigation for the Commission of a Crime? They are: (1) the right to remain silent; (2) the right to competent and independent counsel preferably of one’s choice; and (3) the right to be informed of such rights against torture, force, violence, threat, intimidation or any other means vitiate the freewill the following Constitutional requirements must be observed in custodial investigations: 1. The person in custody must be informed at the outset in clear and unequivocal terms that he has a right to remain silent; 2. After being so informed, he must be told that anything he says can and will be used against him in court. INFORMATION SHEET MT7.2.3 Constitution of Liberty SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h Page |8 SocSci s: rs 3. He must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during the interrogation, he does not have to ask for a lawyer, The investigation should l tell him that he has the right to counsel at that point; 4. He should be warned that not only has he the right to consult with a lawyer but also if he is indigent, a lawyer will be appointed to represent him; 5. Even if the person consents to answer questions without the assistance of counsel, the moments he ask for a lawyer at any point in the investigation, the interrogation must cease until an attorney is present; and 6. If the foregoing protections and warnings are not demonstrated during the trial to have been observed by the prosecution, no evidence obtained as a result of the interrogation can be used against him.. What is the Legal Effect of a Violation of the Rights of a Person Under Custodial Investigation? Any confession or admission obtained in violation of his right against self- incrimination is inadmissible as evidence against him. When can These Rights be Invoked? These rights are available the moment an arrest, with or without the warrant is made. The authorities must ensure that the accused is appraised of his rights SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetual 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 habeas corpus is suspended. Excessive bail shall not be required. What is the Right to Bail? The right to bail is the right given to a person accused of a crime to be free from detention upon posting of cash or surety bond or upon recognizance of another. Meaning of Bail Bail is the security required by a court and given for the provisional or temporary release of a person who is in the custody of the law conditioned upon his appearance before any court as required under the condition specified. What are the Purposes and Forms of Bail? 1. To relieve an accused from imprisonment until his conviction and yet secure his appearance at the trial. The right to bail is granted because in all criminal prosecution, the accused in presumed innocent. 2. It may be in the form of cash deposits, property bond, bond secure from a surety company or cognizance. What are the Factors in Determining the Amount of Bail? In determining the amount of bail, the court should consider the following: 1. The nature of offense. 5. The health condition of the accused. 2. The penalty which attached to it. 3. The probabilities of guilt. SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h Page |9 SocSci s: rs 4. The financial condition of the accused. INFORMATION SHEET MT 7.3.1 Constitution of Liberty When there is No Constitutional Rights to Bail? When the following conditions concur (1) the accused is charged with an offense punishable by reclusion perpetua or death; (2) the evidence against the accused is strong. Furthermore, after conviction for any offense, bail is discretionary while the case is on appeal and (3) not yet in custody of the law. 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. What are the Rights of the Accused on Trial in a Criminal Case? In all criminal prosecutions the accused has the right : 1. To due process of law; 2. To presumed innocent; 3. To be heard by himself or counsel; 4. To be informed of the nature and causes of the accusation against him. 5. To have a speedy, impartial and public trial. 6. To meet the witnesses face-to-face; and 7. To obtain compulsory process in order to secure the attendance of witnesses and to production of evidence on his behalf. What is the Requirement of Due Process in Criminal Cases? The requirement that no person shall be held to answer for a criminal offense without “due process of law” simply means that the procedure established by law be followed, if that procedures fully protects the life, liberty, and property of the citizen. This happen if the accused is informed as to why he is proceeded against, his conviction being made to rest on evidence after giving him opportunity to defend himself and the sentenced imposed is in accordance with law. The court that rendered the decision must have the authority to her and decide a case. What does Presumption of Innocence Mean? It means that the accused is considered or deemed innocent until the contrary is proved. The prosecution must establish the defendant guilt beyond reasonable doubt; otherwise he should be acquitted. Accusation is not synonymous with guilt. What are the Elements of the General Right to Heard? It includes: SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h P a g e | 10 SocSci s: rs 1. The right to be present at the trial; 2. The right to counsel; 3. The right to impartial judge; 4. The right to confront the witnesses; and 5. The right to compulsory process to secure the attendance of witnesses. INFORMATION SHEET MT 7.3.2 Constitution of Liberty What Duty is Imposed on the Judge by the Guarantee of the Right to Counsel? If the defendant appears without counsel; he must be informed by the court that he has the a right to have counsel before the charges are read to him, and must be asked if he has desires the aid of counsel. If he so desires, and is unable to employ counsel, the court must assign court to defend him. The failure of the court to assign counsel or after counsel has been assigned, to require him to perform his duty by appearing and defending the accused, would result in acquittal of the accused. What is the Purpose and Scope of the Right to be Informed of the Nature and Cause of the Accusation Against a Person? The purpose of a written accusation is first, to give the accused a description of the charge against him to make defense; second to avail himself of his conviction or acquittal for protection against further prosecution for the same cause; and third to inform the court of the facts alleged, so that it my decided sufficient under the law to support a conviction. The criminal information must contain a specific allegation to constitute eh crime charged. What is the Meaning of Speedy Trial? A speedy trial is a trial conducted in accordance with the rules of law and consistent with due process of law. However, the concept of a speedy trial is necessarily relative. Determination of whether the right has been violated must be based on a balancing of various factors: length of delay and other factors such as the reason for the delay, the efforts of the defendant to assert his right, and the prejudice cause the defendant must also be considered. What is a “Public” Trial? It is public we attendance is open to all , irrespective of relationship to the defendant. However, when the evidences to be presented may he be characterized as “offensive to decency or public morals,” the proceeding may be limited to friends, relatives and counsel. What is the Purpose of the Right to Confront Witnesses? Primarily, to afford the accuse an opportunity to examine the testimony of the witness by cross-examination and secondarily, to allow judge to observe the demeanor of the witness. What is the Right to Secure Compulsory Process to Secure Attendance of Witnesses and the Production of Evidence for the Accused? SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h P a g e | 11 SocSci s: rs The right is to enable the accused to be defend himself by using the court process so that he can have evidence presented on his behalf. What is Trial Absentia and Its Requisites? Trial in absentia simply means that the trial of a case can proceed even in the absence of the accused. The following requisites are: 1. The accused has already been arraigned; 2. He has been duly notified of the trial; and 3. His failure to appear is unjustified. INFORMATION SHEET MT 7.3.3 Constitution of Liberty SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it. What is Privilege of the Writ of Habeas Corpus? The privilege of the writ of habeas corpus is the right of a person who is detained by another, “to have his body bought to court” so that the court can acquire into and determine the legality of his detention and to order his immediate release if the court finds that there is no legal basis for such detention. What is a Writ of Habeas Corpus? It is an order issued by a court of competent jurisdiction, direct to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place to show sufficient cause for holding in custody the individual so detained. What is the Proper in Filing the Writ of Habeas Corpus? When an applicant for habeas corpus is filed and the court finds the petition in proper form, it will issue a writ as a matter of course ordering the productions of the person allegedly detained and requiring the respondents to justify. Only where the return of the respondent shows that the person in custody is being held for the crime mentioned in the proclamation suspending the privilege of habeas corpus and in place where it is effective will the court dismiss the petition. In all other cases, it will continue the proceedings to determine the validity of the person’s detention. What are the Grounds for Suspension of the Writ? The privilege of the writ of habeas corpus can be suspended by the president on two grounds: 1. In case of invasion or rebellion, and 2. When public safety requires it. SECTION 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Factors Determining of Whether or Not the Right has been Violated? SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h P a g e | 12 SocSci s: rs 1. The above provision upholds the time—honored tradition of speedy justice for as stated in the old dictum “Justice delayed is justice denied.” It express in inclusion was a response to the common change against the perennial delay in the administration of justice. A long delay in the disposition of the cases creates mistrust of the government. On the other hand, the observance of their cases “enhances the people’s respect for the laws and faith in their government. 2. The right to speedy disposition of cases can be invoked only after the termination of the trial or hearing of a case. It required to decide or resolve cases within a certain period of time. 3. Under the present Constitution, the Supreme Court, all lower collegiate courts, and all other lower courts are required to decide or resolve cases within a certain period of time. 4. The deposition of cases involving private interest not only before judicial bodies, but also before quasi judicial and administrative bodies. References: Politics and Philippine Government with 1987 Constitution, Author: Boquironukt-hh, Palado and Paras , Published by HisGoPhil Publishing House Inc., Philippine Copyright 2014 https://www.officialgazette.gov.ph/constitutions/1987- /#article-iii SELF-CHECK MT 7.1.1 1. This simply means that the trial of a case can proceed even in the absence of the accused. 2. This is the right given to a person accused of a crime to be free from detention upon posting of cash or surety bond or upon recognizance of another. 3. This is the right guaranteed under this section is however not absolute because a contract valid at the time of it execution may be legally modified or even completely invalidated by a subsequent law. 4. This is described as a full and fair equivalent of the property taken from the private owner by the expropriator.. 5. This includes the right to choose one’s residence, to leave it whenever one pleases, within the limits prescribed by law, to travel where one wills , and return to hi place of residence, except in the interest of national security, public safety, and health. 6. This is the security required by a court and given for the provisional or temporary release of a person who is in the custody of the law conditioned upon his appearance before any court as required under the condition specified. 7. The State has also the constitutional duty to provide free and adequate legal assistance to citizens where by reason of indigence they are unable to engage the services of a lawyer to defend them or to enforce their rights in civil, criminal, or administrative cases. SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h P a g e | 13 SocSci s: rs 8. This means that the accused is considered or deemed innocent until the contrary is proved. 9. It is an order issued by a court of competent jurisdiction, direct to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place to show sufficient cause for holding in custody the individual so detained. 10. This is anything that diminishes the efficacy of the contract or when the terms and conditions are change/altered by law or by party without the consent of the other party thereby weakening the position or rights of the latter. SELF-CHECK ANSWER KEY MT 7.1.1 1. Trial in absentia 2. Right to Bail 3. Limitations 4. Just Compensation 5. Liberty of abode 6. Bail 7. Right to Adequate Legal Assistance 8. Presumption of Innocence Mean 9. Writ of Habeas Corpus 10. Impairment SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h P a g e | 14 SocSci s: rs STUDENT NAME: __________________________________ SECTION: __________________ SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h P a g e | 15 SocSci s: rs WRITTEN WORK MT 7.1.1 WRITTEN WORK TITLE: Picture Presentation WRITTEN TASK OBJECTIVE: The learners independently demonstrate core competencies in preparing a source code of a Java programming language using loop statement. MATERIALS:  Pen and Paper SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h P a g e | 16 SocSci s: rs TOOLS & EQUIPMENT:  None ESTIMATED COST: None INSTRUCTION : Read the articles bellow. After create a picture presentation of Anti Terrorism Bill. And using pictures explain your personal stand regarding this law. Each picture should represent your own understanding and meaning of this said law, including your own personal stand and views. Minimum of 10 pictures. MANILA, PHILIPPINES Among others, the Implementing Rules and Regulations of the contentious anti- terror law specifies when designated terrorists can seek to delist themselves The Implementing Rules and Regulations (IRR) of the feared anti-terror law added two key features: Designated terrorists can seek to delist themselves, following a process. Law enforcement will need to submit to the executive anti-terror council a sworn statement stating the details of a terror suspect before it can be authorized to conduct warrantless arrests and prolonged detentions. It also clarified that those charged with bailable terror crimes would not be subjected to a house arrest. Still, the definition of what a terror act is under Section 4 of the law – which petitioners slammed as dangerously too broad – remained unchanged in the IRR. The Department of Justice (DOJ) promised that the IRR would clarify what a person "must or must not do to comply with the law." The crime of inciting to terrorism, which the petitions said violated freedom of speech, was expounded on in the IRR, taking into consideration the following elements: context, speaker, intent, content and form, extent of the speech and act, and direct causation between speech and the incitement. "In crafting the IRR, we cannot go beyond what the law provides, we cannot take out anything, what we did was just break down the provision of the law in its elements to make sure it is properly understood by law enforcement, prosecutors and judges. That's really all that we can do," said Justice Undersecretary Adrian Sugay, who was designated spokesperson of the ATC. Justice Secretary Menardo Guevarra is a member of the council. Executive Secretary Salvador Medialdea is the chairperson, with National Security Adviser Hermogenes Esperon Jr as the vice chair. PRECAUTIONS:  None ASSESSMENT METHOD: WRITTEN WORK CRITERIA CHECKLIST SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director  Unit Constitution of Liberty Social Science with Philippines Module Constitution Constitution of Liberty Unit 80h P a g e | 17 SocSci s: rs STUDENT NAME: __________________________________ SECTION: __________________ WRITTEN OUTPUT CRITERIA CHECK LIST Q1-5.1.1 CRITERIA SCORING Did I... 1 2 3 4 5 1. Observe safety precautions? 2. Use proper syntax? 3. Use for loop statement? 4.. 5.. 6.. 7.. 8.. 9.. 10.. TEACHER’S REMARKS:  QUIZ  RECITATION  PROJECT GRADE: 5 - Excellently Performed 4 - Very Satisfactorily Performed 3 - Satisfactorily Performed 2 - Fairly Performed 1 - Poorly Performed _______________________________ TEACHER Date: ______________________ SUBJECT TEACHER: APPROVED FOR 7th IMPLEMENTATION: QUARTE MODU Meeti MS. PEARL NOGRA- R1 LE 7 ng FABIA MR. WILBERT A. MAÑUSCA Subject Teacher School Director