Rights and Duties - Philippines 1987 Constitution PDF

RIGHTS AND DUTIES Ethics and Peace CIVIL AND POLITICAL RIGHTS  CIVIL RIGHTS 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...

RIGHTS AND DUTIES Ethics and Peace CIVIL AND POLITICAL RIGHTS  CIVIL RIGHTS 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 noncitizens.  POLITICAL RIGHTS 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  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.  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.  BILL OF RIGHTS "The Bill of Rights", writes Leonardo A. Quisumbing, " is 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 Christ and Kant, received a tremendous boost from the democratic ideal of equality" (Constitutional Rights and Obligations of the People: 70-71)  THE 1987 CONSTITUTION OF THE PHILIPPINES 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 of 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 peacefully 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 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 the 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.  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 11 Free access to the courts and quasi-judicial bodies and adequate of poverty. legal assistance 'shall not be denied to any person by reason  SECTION 12 (1) Any person under investigation for thecommission of an offense shall have the right to be informed of his right to remain silent and to have comp?tent 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.  SECTION 12 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.  SECTION 12 (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible evidence against hirn. (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 charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizanceasmay 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  SECTION 14 (1) No person shall be held to answer for a criminal offense without due process of law.  SECTION 14 (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 persona 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.  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 imposedshall be reduced to reclusion perpetua.  SECTION 19 (2) The employment of physical, psychological, or degrading punishmentagainst 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 published 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. DUTIES  MEANING OF DUTIES Duty, taken objectively, is anything we are bound to do or omit. Taken subjectively, it is a moral obligation incumbent upon a person to do, omit, or avoid something. 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 DUTIES  RECIPROCITY OF RIGHT AND DUTIES In interpersonal relationships, rights and duties are reciprocal. The right of one person implies in another the duty to respect that right. 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. KINDS OF DUTIES  NATURAL DUTIES Natural duties are those imposed by natural law, such as the duty to take care of our health, the duty to educate ourselves, and the duty to worship God.  POSITIVE DUTIES Positive duties are imposed by a human positive law, such as the duty to pay taxes, the duty to observe traffic rules, and the duty to vote.  DUTIES ARE EITHER AFFIRMATIVE OR NEGATIVE Affirmative duties are those that require the performance of an act, such as the duty of loving our parents and that of paying our debts.  DUTIES ARE EITHER AFFIRMATIVE OR NEGATIVE Negative duties are those which require the omission of an act, such as the duty not to kill another person and that of not carrying deadly weapon. EXEMPTION FROM DUTIES 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 (Panizo: 121122) Negative duties arising from negative natural law admit no exemption.  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. Ordinary hardships which come along with the performance of a duty do not exempt one from complying with such 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: Duties towards God must be given priority over those towards men. Duties that secure public order or the common good have priority over those that safeguard the individual.  Duties towards the family and relatives take precedence over those towards strangers. Duties of greater importance take precedence over those of lesser importance. Duties based on higher law take precedence over those coming from lower laws. ACTIVITY  ACTIVITY: RIGHTS AND DUTIES Direction: Answer the following Questions 1. Explain how rights are limited? 2. What is the meaning of a positive and a negative duty?