Rights of a State

The legal rights of a state as a political structure are the following:

1. Right of existence and self- defense

Right of existence is a fundamental right of every state irrespective of its

size, population, wealth, prestige or power. This is in consonance of the
principle of self-preservation. It is from the right of existence that all other
rights of the state arise.

2. Right of independence

This refers to the right of the state to manage all its affairs, internal or
external, without any control or restraint from other states, provided that it
respects the rights of other states.

3. Right of equality

This refers to the right of which every state is entitled to the same
protection and respect as provided for under the rules of international law.

4. Right of property
The state has a vested right over the land within its territorial jurisdiction.

5. Right of jurisdiction

This is the right of the state to exercise authority over all persons and
things within its territorial boundaries

6. Right of legation or diplomatic intercourse

The right of a state to maintain diplomatic relations with other states

Kinds of diplomatic legation

1. active right of legation – the right of the state to send diplomatic

representatives to other states

2. Passive right of legation – the right of the state to receive diplomatic

representatives to other states

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Agents of Diplomatic Intercourse

1. The head of state

2. Foreign Secretary or Minister
3. Members of the Diplomatic Service

Regular Diplomatic Representatives

1. Ambassadors and Papal Nuncios

2. Envoys and Internuncios
3. Charges d’ Affairs

Note:

A diplomat represents his country abroad. He promotes the good of his

nation and protects his fellow citizens in the foreign country

Consular Officers

1. Consul-general
2. Consuls
3. Consular Agents

This refers to those who are sent to other countries to take charge of the
Philippine consulates which are established in various cities abroad. They are
sent there to look after the commercial interest and welfare of their countrymen
in the cities where they are stationed.

Recognition of State

This is an act by which a state acknowledges the existence of another

state and indicates its willingness to deal with the entity as such under the rules
of international law

In the Philippines, it is the President by virtue of his authority to send and

receive diplomatic representatives to enter into treaties, to establish blockades
and in general, to act as the foreign policy spokesman of the nation(Art VII, 18
Constitution).

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The 1987 Philippine Constitution
This was ratified by the electorates in a plebiscite on February 02, 1987

Constitution – is a body of rules and maxims in accordance with which the

powers of sovereignty is habitually exercised.

Purpose or function of the Constitution

1. To prescribe the permanent framework of the system of government

assigned to the different departments, their respective powers and duties, and
established certain fixed first principles on which the government is founded;
and,

2. To promote public welfare. It involves the safety, prosperity, health,

and happiness of the people.

Kinds of Constitution

a. As t their origin and history

1. conventional or enacted – one which is enacted by a constituent

assembly or granted by a monarch to his subjects like the constitution of Japan
in 1889; and,

2. cumulative or evolved – one which is a product of growth or a long

period of development originating in customs, traditions, judicial decisions, etc.
rather than from a deliberate and formal enactment.

b. as to their form

1. Written or rigid – is one, the provisions of which have been reduced to

writing and embodied in one or more instruments at a particular time

2. Unwritten or flexible – is one which has not been reduced to writing at

any specific time but is the collective product and accumulation of customary
rules, judicial decisions, dicta of statements and legislative enactments of
fundamental character written but scattered in various records without having
any compact form in writing.

c. as to manner of amending them

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 1. rigid or inelastic – one regarded as a document of special sanctity
which cannot be amended or altered except by some special machinery more
cumbrous than the ordinary legislative process; and,

2. flexible or elastic – one which possesses no higher legal authority than

ordinary laws and which may be altered in the same way as other laws.

Advantages and disadvantages of a written constitution

1. It has the advantage of clearness and definiteness over an unwritten

one. This is because it is prepared with great care and deliberation. Such a
constitution cannot be easily bent or twisted by the legislature or by the courts,
to meet the temporary fancies of the moment. Hence, the protection it affords
and the rights it guarantees are apt to be more secure. Moreover, it is more
stable and free from all dangers of temporary popular passion.

2. Its disadvantage lies on the difficulty of its amendment. This prevents

the immediate introduction of needed changes and may thereby retard the
healthy growth and progress of the state.

Requisites of a good written constitution

1. As to form, a good written constitution should be:

a. brief – when it is too detailed, then it would lose the advantage

of a fundamental law which in a few provisions outlines the structure of the
government of the whole state and the rights of the citizens. It would probably
be never understood by the public. As a result, it may be necessary to amend it
every now and then because it may fail to cover future contingencies.

b. broad – because a statement of the powers and functions of

government, and of the relations between the governing body and the governed,
requires that it be as comprehensive as possible.

c. definite – because otherwise, the application of its provisions to

concrete situations may prove unduly difficult if not impossible. This is to avoid
incalculable harm as a result of different interpretations of ambiguous
expressions.

2. As to contents, it should contain at least three (3) sets o provisions:

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 a. Constitution of government. It should deal with the framework
of government and its powers, and defining the electorate.

b. constitution of liberty. It sets forth the fundamental rights of the

people and impose certain limitations on the powers of the government as a
means of securing the enjoyment of these rights.

c. constitution of sovereignty. It must point out the mode or

procedure for amending or revising the constitution.

Difference between a constitution and statute

constitution Statute
1. legislation direct from the people 1.. legislation from the people’s
representative
2. merely states the general 2. provides the details of the subject
framework of the law and the of which it treats
government
3. it is intended not merely to meet 3. intended primarily to meet existing
existing conditions but to govern the conditions only
future
4. it is the supreme or fundamental 4. it must be in accordance with the
law of the state to which statutes and constitution
all other laws must conform

“government of law and not of men”

Declaration of State Principles & State Policies (Philippines)

A. Principles

Section 1. The Philippines is a democratic and a republican state. Sovereignty

resides in the people and all government authority emanates from them.

Section 2. The Philippines renounces war as an instrument of national policy,

adopts the generally accepted principles of international law as part of the law
of the land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations

Section 3. Civilian authority is at all times, supreme over the military. The
armed forces of the Philippines is the protector of the people and the State. Its
goal is to secure the sovereignty of the state and the integrity of the national
territory.

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Section 4. The prime duty of the government is to serve and protect the people.
The government may call upon the people to defend the State and in the
fulfillment thereof, all citizens may be required, under conditions provided by
law, to render personal, military or civil service.

Section 5. The maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy.

Section 6. The separation of church and state shall be inviolable

State Policies

Section 7. The state shall pursue an independent foreign policy. In its relations
with other states the paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to self-determination.

Section 8. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory.

Section 9. The state shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people from
poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all.

Section 10. The state shall promote social justice in all phases of national
development

Section 11. The state values the dignity of every human person and guarantees
full respect for human rights.

Section 12. The state recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing of the youth for
civic efficiency and the development of moral character shall receive the
support of the government.

Section 13. The State recognizes the vital role of the youth in nation-building
and shall promote and protect their physical, moral, spiritual, intellectual, and
social well-being. It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.

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Section 14. The state recognizes the role of women in nation-building and shall
ensure the fundamental equality before the law of women and men

Section 15. The state protect and promote the right to health of the people and
instill health consciousness among them.

Section 16. The state shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of
nature

Section 17. The state shall give priority to education, Science and Technology,
Arts, Culture and sports to foster patriotism and nationalism, accelerate social
Progress, and promote total human liberation and development

Section 18. The state affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.

Section 19. The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos

Section 20. The state recognizes the indispensable role of the private sector,
encourages private enterprise and provides incentives to needed investments

Section 21. The state shall promote comprehensive rural development and
agrarian reform

Sec. 22. The state recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.

Sec. 23. The state shall encourage non- governmental, community-based, or

sectoral organizations that promote the welfare of the nation.

Sec. 24. The state recognizes the vital role of communication and information in
nation-building.

Sec. 25. The state shall ensure the autonomy of local governments.

Sec. 26. The state shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by law

Sec. 27. The state shall maintain honesty and integrity in the public service and
tae positive and effective measures against graft and corruption.

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Sec. 28. Subject to reasonable conditions prescribed by law, the state adopts and
implements a policy of full public disclosure of all its transactions involving
public interest.

Article III
Bill of Rights

- Defined as a declaration and enumeration of a person’s rights and

privileges which the constitution is designed to protect against
violations by the government, or by an individual or group 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 – are those rights possessed by every citizen without

being granted by the state for they are given to man by GOD as a human being
created to His image so that he may live a happy life.

2. Constitutional rights – those rights which are conferred and protected

by the constitution. They cannot be modified or taken away by the law making
body since they are part of the fundamental law
3. Statutory rights – those rights which are provided by laws promulgated
by the law making body and consequently, may be abolished by the same body.

Examples:
The right to minimum wage, the right to adopt a child by
an unrelated person

Classification of constitutional rights

1. Political rights – are such rights of the citizens which give them the
power to participate, directly or indirectly in the establishment or administration
of the government

Examples:

The right to citizenship, right of suffrage, right to

information on matters of public concern

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 2. Civil rights – those rights which the law will enforce at the instance of
private individuals for the purpose of securing to them the enjoyment of their
means of happiness

Examples:

Right to due process and equal protection of the laws, the

rights against involuntary servitude, and imprisonment for non payment of debt
or a poll tax, constitutional rights of the accused, liberty of abode and of
changing the same

3. Social and economic rights – those rights which are intended to insure
the well-being and economic security of the individual

Examples:
Right to property, right to just compensation for property
taken for public use

4. Rights of the accused – these are the (civil) rights intended for the
protection of a person accused of any crime

Examples:
Rights against unreasonable search and seizure, the right to
presumption of innocence, the right to a speedy, impartial and public
trial, the right against cruel, degrading or inhuman
punishment

Atricle III of the 1987 Philippine Constitution

Sec. 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.

Aspects of due process of law

I. procedural – method or manner by which the law is enforced. It

requires a procedure which hears before it condemns, which proceeds upon
inquiry, and renders judgment only after trial.
Procedural due process requirements:

A. In judicial proceedings
1. An impartial court clothed by law with authority to hear
and determine the matter before it.

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 2. Jurisdiction lawfully acquired over the person of the
defendant or property which is the subject matter of the
proceeding

3. Opportunity to be heard given the defendant; and,

4. Judgment to be rendered after lawful hearing.

B. In Administrative Proceedings
- Notice and hearing may be dispensed with, where because
of public need or for practical reasons, the same is not feasible. Thus an
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 regulation.
It is sufficient if opportunity is later given to the individual
adversely affected to test the validity or propriety of the administrative action on
appeal to superior administrative authorities, or to the court or both.

Note:
Notice and hearing are indispensable requisites of procedural due
process

II. 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

Sec. 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 or 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 searched and the
persons or things to be seized.

Search warrant – is an order in writing, issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding
him to search for certain personal property and bring it before the court.

Warrant of Arrest – written order commanding the arrest of a person in order

that he may be bound to answer for the commission of an offense.

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Probable cause – are such facts and circumstances antecedent to the issuance of
a warrant sufficient in themselves to induce a cautious man to rely upon them
and act in pursuance thereof.

Requisites of valid search warrant or warrant of arrest

1. It must be issued upon probable cause

2. The probable cause must be issued personally by the judge himself
3. Such determination of the existence of probable cause must be made
after examination by the judge under oath or affirmation of the complainant and
the witnesses he may produce
4. The warrant must particularly describe the place to be searched, and
the persons or things to be seized.

Lawful search and seizure that may be made without warrant

1. Where there is consent or waiver;

2. Where search is an incident to a lawful arrest;
3. In the case of contraband or forfeited goods being transported by ship,
automobile, or other vehicle, where the officer making it has reasonable cause
for believing that the latter contains them, in view of the difficulty attendant to
securing a search warrant;
4. Where, without a search, the possession of articles prohibited by law is
disclosed to plain view or is open to eye and hand;
5. As an incident of inspection, supervision and regulation in the exercise
of police power(Sec. 9) such as inspection of restaurants by health officers, of
factories by labor inspectors;
6. Routinary searches usually made at the border or at ports of entry in
the interest of national security and for the proper enforcement of customs and
immigration laws.

Lawful arrest that may be made without warrant

A peace officer or private person may, without a warrant, arrest a person:

1. When in his presence, the person to be arrested has committed, is

actually committing, or is attempting to commit an offense;
2. When an offense has in fact just been committed and he has personal
knowledge of facts indicating that the person to be arrested has committed it;
and,
3. When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or temporarily

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confined while his case is pending, or has escaped while being transferred from
one confinement to another.

Sec. 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.

Right of privacy – right to be left alone.

- Right of a person to be free from undesired publicity, or disclosure,
and as the right to live without unwarranted interference by the public
in matters with which the public is not necessarily concerned.

Basis and purpose of the right

1. right existing in the state of nature

2. right designed to secure enjoyment of one’s private life

Limitations on the right to privacy of communication

1. upon lawful order of the court

2. when public safety or order requires otherwise as prescribed by law

Writ of habeas data – is a judicial remedy available to any individual whose

right to privacy in life, liberty, or security is violated or threatened by an
unlawful act or omission of a public official or employee or of a private
individual or entity engaged in the gathering, collecting or storing of data or
information regarding the person, family, home and correspondence of the
aggrieved party.

Purpose of the Writ

The writ together with the writ of habeas corpus and writ of amparo
completes the legal armory and remedy of a citizen against violations and
threats to his rights to life, liberty, security and information

How the Writ Operates

Any aggrieved party may file a petition in court for the writ of habeas
data. In cases of extra legal killings and enforced disappearance, the petition
may be filed by any member of the immediate family, or collateral relative of
the aggrieved family within the fourth degree of consanguinity or affinity.
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Writ of Habeas Corpus – is an order issued by a court of competent
jurisdiction, directed to the person detaining another, commanding him to
produce the body of the prisoner at a designated time and place, and to show
sufficient cause for holding in custody the individual so detained.

Purpose of the Writ

This is to inquire into all manner of involuntary restraint or detention as

distinguished from voluntary and to relieve a person therefrom if such restraint
is found illegal. The writ is the proper remedy in each and every case of
detention without legal cause or authority. Its principal purpose then is to set the
individual at liberty.

How the Writ Operates

The writ is the order from the court requiring a person detaining another
to show cause for the detention, while the privilege of the writ is the further
order from the court to release an individual if it finds his detention without
legal cause or authority.

The prisoner or any person in his behalf petitions the proper court, which
immediately issues the writ. It is sent to the person having another in his
custody. Such person is ordered to produce the prisoner in court at a specified
time, together with an explanation of the cause of the detention, called the
return.

After the order is obeyed, the judge scrutinizes the return and decides
whether it shows that the imprisonment is authorized by law. If so, the prisoner
is remanded- sent back to custody. If not, he is set free at once by the judge.

Writ of Amparo -

Sec. 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.

Sec. 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

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forever be allowed. No religious test shall be required for the exercise of civil
or political rights.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 9. Private property shall not be taken for public use without just
compensation.

Sec. 10. No law impairing the obligation of contracts shall be passed.

Sec. 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.

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.

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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 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.

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.

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.

Section 16. All persons shall have the right to a speedy disposition of their cases
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 person 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 the death penalty be imposed,
unless, for compelling reasons involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already imposed shall be reduced to reclusion
perpetua.

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(2) The employment of physical, psychological, or degrading punishment
against 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 punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the same
act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

Note:
Distinguish writ of amparo, writ of habeas corpus and writ of habeas data

GOVERNANCE
- It refers to the manner in which the welfare of society is carried out in
the form of law enforcement, implementation of programs and
projects, and observance of what is just and fair towards achievement
of efficiency and effectiveness, by those who for the time being are
entrusted the power to govern.
INDICATORS OF GOOD GOVERNANCE

1. Rule of law –good governance requires good and fair legal frameworks that
are enforced by impartial regulatory body for the full protection of the
stakeholders

2. Transparency – information should be provided in an easily and

understandable forms and media

- information should be freely available and directly accessible to those who are
affected by governance policies

3. Responsiveness – organizations and their processes should be designed to

serve the best interests of the stakeholders within a reasonable time frame

4. Consensus Oriented – good governance requires that there must be

consultation to understand the different interests of the stakeholders

5. Equity and inclusiveness – good governance requires that stakeholders

should have a share not only of the benefits but also have a fair share in the
processes
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6. Effectiveness and efficiency – the consequence of governance should be
sustained for the best interest of society

7. Accountability – good governance requires responsibility and obligation to

accept consequences of actions

8. Participation – good governance requires involvement of the stakeholders

throughout the decision making process

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