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1.By birth ( Rule on jus soli and jus sanguinis) - being born to Filipino parents
2.By naturalization – granting a foreigner Filipino citizenship by the Philippine government
3.By marriage – This is not recognized under Philippine laws
4.By repatriation – for former Filipinos who want to reacquire their Filipino citizenship
Concept Notes
Rights refer to one's privileges to claim and do what he is justly entitled to.
Basic Rights: rights you enjoy as Filipino citizens and which are provided in our constitution. They are
publicized to protect you from any form of violation or abuse.
1. Natural Rights. These are rights which are inherent to us as persons. These are not given
by the government or different culture; they are what we should get as human beings.
2. Constitutional Rights. These are your rights granted and protected by the constitution.
They are categorized into political and civil rights.
A. Political rights are the ones that you exercise to participate in the affairs of the government.
It includes the right to suffrage (vote), right to citizenship, and the right to petition/express the
government for redress of grievances.
B. Civil rights are those that you enjoy to fulfill your happiness and development. It includes
right against involuntary servitude, right to property and the right to establish a residence and
travel. It also includes the rights of an accused like the right to counsel and presumption of
innocence unless proven guilty.
Learning Target/s: Describe due process of law and explain the meaning of Equal Protection of Law.
Apply the concept of due process in analyzing given situations
Concept Notes
Definition of Terms
1. Due process of law
-a law which hears before it condemns, which proceeds an inquiry and renders judgment after a
fair trial.
-The deprivation of life, liberty, and property can only be valid if the same is accorded with due
process.
2. Life:The right of every person to his bodily completeness, free from dismemberment, and extends the
right to use his god given faculties which makes life enjoyable.
4. Property : It refers to anything that can be possessed which can be subjected to a contract.
5. Equal Protection of Law: It means equality of all persons before the law. It does not mean however
that all persons should be treated alike. The application of the rule will apply to political, social and
economic equality.
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Concept Notes
What is unreasonable search and seizure?
A search and seizure or arrest made without a warrant is unreasonable.
Generally, no arrest shall be made if there is no arrest warrant. Only a judge may issue a warrant.
It prohibits the government from invasion of our persons, properties and belongings.
.
Concept Notes
The right to communication allows persons to communicate with each other without government
intervention. To protect our right to privacy of communication Congress passed RA 4200 or the Anti-
Wiretapping Act.
What is RA 4200?
A law which prohibits any person not allowed by parties involved in any private communication to tap
or to use any device to secretly overhear or record any private communication or to communicate the
content of such communication to any person.
Instances when the government may interfere with our right to privacy of communication:
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1. The intervention of the government is done upon lawful order of the court,i.e., if the court says
so.
2. When the intervention is necessary for the purpose of public safety and order, and such
intervention must be done as provided by law.
It ensures our enjoyment of our right to be left alone by the government in our communication and
correspondence.
Any evidence obtained in violation of the above-mentioned right is inadmissible for any purpose in any
proceedings.
Activity Title: Right to Travel and Abode, Right to Assembly and Petition, &Right to Form Association.
Learning Target/s: Analyze situations involving the liberty of abode and of travel, the right to
assembly and petition, and right to form association.
Concept Notes
Definition of Rights
1. Right to Assembly
This refers to the right of a person to assemble peacefully
The right to peaceful assembly is absolute, that is, there are no limitations to it.
2. Right to Association
It refers to the right of an individual to form unions, associations, or societies for purposes not
contrary to law.
The right to join includes the right not to join.
3. Liberty of Abode
Liberty of Abode refers to your right to choose your place of residence.
A person cannot exercise his right of abode if there is a court order to the contrary.
4. Right to Travel refers to your right to transfer from one place to another.
Limitations of the right to travel
1. if there is lawful order of the court to the contrary
2. if the interest of national seccurity is in conflict to this right
3. if public health and safety so requires
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The obligation of contract is ensuring that the parties to an agreement perform their duties according to
what has been previously agreed as long as it is not against any law.
The obligation of contract is impaired when its terms and conditions are changed by law and is against
the rights and interest of the parties concerned.
What is Impairment?
Impairment happens when the terms and conditions in the contact are changed by law without the
consent of the other party. The change in the terms and conditions may result to a weakened position for
the party concerned.
CONCEPT NOTES
Miranda Rights: refers to the due process requirement that a person in custody should be informed of his
or her rights. These rights are:
the right to remain silent – anything said can be used against him in court
the right to independent and competent attorney
the right to be informed that if he cannot afford to have an attorney, one shall be
provided for him/her at no cost.
These rights cannot be waived except in writing and in the presence of counsel.
Procedural Rule under the Miranda doctrine
It is a well settled rule that the arresting officer is mandated under the law to inform the accused of his
Miranda Rights during the arrest. Failure to inform the said rights will render all evidences obtained
during the arrest to be inadmissible.
Any confession or admission obtained in violation of his Miranda rights cannot be used and accepted as
evidence against him in all court proceedings.
The right to be informed of the rights available under the Miranda Doctrine should not be demanded by
the person being arrested. Failure on part of the arresting officer to informed the person arrested because
the latter did ask for it is not an excuse. Once a person is being arrested, the arresting officer has the
mandatory obligation to inform the accused of his Miranda Rights.
The Rule on Miranda Rights will only be applied if a person is being subjected to custodial
investigation.
to protect the persons accused of a crime, placing them on equal footing with the very powerful
state.
to prevent the practice of state using force to compel an admission or confession.
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Territorial baselines – imaginary straight lines connecting the outermost points of the outermost islands,
enclosing all the islands of the archipelago.
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Democracy is that form of government in which the sovereign power resides in and is exercised by
the whole body of free citizens directly or indirectly through a system of representation, as
distinguished from a monarchy, aristocracy, or oligarchy.
The Philippines has some aspects of direct democracy such as initiative and referendum.
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.
1. The AFP being the protector of the people and of the State
2. The President of the Philippines is a civilian and yet he holds the highest position in the Armed Forces
being the Commander in Chief.
3. Members of the Armed Forces swears to uphold and defend the constitution
4. Compulsory retirement of officers to avoid propagation of power,
5. Prohibition from participation in partisan politics by the military,
6. Establishment of Police force which is civilian in nature at the same time under the local government.
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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.
That the state acts as the parent of the people therefore is obligated to protect all people within its
territory.
Article II, 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.
In exchange for the protection that we are receiving from the government, people are obligated to render
allegiance to the Republic.
Types of allegiance
Learning Target/s: Analyze situations involving the application of the principle of separation of church
and state
Copying of Concept Notes (15 minutes)
Legal Bases:
Art. II, Sec. 6: The Separation of Church and State shall be inviolable.
Art. III, 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 forever be allowed. No religious test shall be required for the exercise
of civil or political rights.
Art. VI, Sec. 5(2): …one-half of the seats allocated to party-list representatives shall be filled, as provided
by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities,
women, youth, and such other sectors as may be provided by law, except the religious sector.
The state cannot set up a church, neither pass laws that aid one religion, aid all religions, or prefer one
religion from the other. It cannot force a person to join a religion or disaffiliate himself from his present
religion.
Autonomy does not mean that local governments are independent because they subjected to the
supervision of the national government through the Department of Interior and Local Government.
Autonomy means decentralization, meaning, there are only powers that are being exercised by the
national government which were transferred to the local governments.
3. moral recovery- a campaign to strengthen the moral values and ideals that are pro God, pro
people, pro country and pro nature for the purpose of becoming a prosperous national
community living in unity, justice, freedom, love . Moral recovery promotes the values of
integrity, excellence and service starting from the home, school, church and communities. There
must be zero tolerance against violence, corruption and exploitation.
A local government unit is a body politic and corporate endowed with powers to be exercised by it in
conformity with law. As such, it performs dual functions, governmental and proprietary. Governmental
functions are those that concern the health, safety and the advancement of the public good or welfare as
affecting the public generally. Proprietary functions are those that seek to obtain special corporate
benefits or earn pecuniary profit and intended for private advantage and benefit.
Autonomy does not mean that local governments are independent because they subjected to the
supervision of the national government through the Department of Interior and Local Government.
Autonomy means decentralization, meaning, there are only powers that are being exercised by the
national government which were transferred to the local governments.
Art. II, Sec. 27: The state shall maintain honesty and integrity in the public service and take positive
and effective measures against graft and corruption.
Definition of Terms
Graft - is the acquisition of money, position, etc. by dishonest or questionable means.
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Corruption - usually refers to political corruption, which refers to illegal use of government powers
by the officials for their personal purposes. Political corruption hinders the overall development of
the country.
7. Ghost projects and payrolls – these are reported projects that are not existing but with budgets
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8. Evasion of public bidding in awarding of contracts – non observance of the bidding process of
projects or purchase of materials
10. Protection money – the amount paid in exchange of security of illegal or unlawful activity.
Government: a body that has the authority to make and the power to enforce laws within a civil,
corporate, religious, academic, or other organization or group.
1. Constituent Functions. The duty of the government to provide public service, like maintenance of
peace and order. This is a compulsory function of the government.
2. Ministrant Function. It refers to the function of the government to advance the interest of society in
engaging business to earn an income. However, it is optional on the part of the government.
1. Constituent Functions are those which constitute the very bonds of society and are compulsory
in nature. Examples are keeping of order and providing for the protection of persons and
property; the fixing of the legal relations between man and wife, and between parents and child;
the regulation of property and the determination of contract rights; the definition and
punishment of crime, the administration of justice, the determination of political duties,
privileges, and relations of citizens, dealings of the state with foreign powers, the preservation
of the state from external danger and the advancement of international interest.
2. Ministrant Functions are those that are undertaken only by way of advancing the general
interests of society and are merely optional. Examples are public works, public education, public
charity, health and safety regulations and regulations of trade and industry.
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1. Legislative branch: Authorized to make laws, alter, and repeal them through the power vested
in the Philippine Congress. This institution is divided into the Senate and the House of
Representatives.
2. Executive branch. Composed of the President and the Vice President who are elected by direct
popular vote and serve a term of six years.
3. Judicial branch. Holds the power to settle controversies involving rights that are legally
demandable and enforceable.
The Constitution provides that no money shall be paid out of the pocket of the State except in
pursuance of an appropriation made by law. This power of appropriations is vested in the
legislative branch.
Definition
An appropriation law is a statute whose specific and primary function is to authorize the release
of public funds from the treasury.
Classification
General appropriations law: passed annually to provide for the financial operations of the whole
government during one fiscal period.
Special appropriation law: only for a specific purpose, such as construction of a national
highway.
Constitutional Limitations
Concept Notes
Power of Taxation: the inherent power of the state exercise by the legislature to enforce contribution in
the form of money in order to finance the government activities and projects.
Purposes of Taxation
Revenue or fiscal: The primary purpose of taxation on the part of the government is to provide funds or
property with which to promote the general welfare and the protection of its citizens and to enable it to
finance its multifarious activities.
Non-revenue or regulatory: Taxation may also be employed for purposes of regulation or control.
1. On 1st Reading, the title and number of the bill is read, and then, it is referred to the
appropriate committee.
2. A committee studies the bill and conducts hearings on it. Thereafter, a committee report is
prepared on the bill
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3. The committee report is read in open session, and together with the bill, it is referred to the
Rules Committee. The Rules Committee can place the bill in the 2nd Reading Calendar or in
the Calendar of Unassigned Business.
4. On 2nd Reading, a bill is subject to debate and amendment before being placed in the 3 rd
Reading Calendar for final passage.
5. After its passage by one house, the bill goes through the same process in the other house.
6. If amendments are made in one house, the other house must concur.
7. When the bill is passed by both houses, it is signed by their respective leaders and sent to
the President for approval.
8. The President may sign the bill into a law, or veto all or part of it. The bill becomes a law if,
within 30 days after receiving it, the President fails to sign or veto the bill. The bill, even if
vetoed by the President, also becomes a law when Congress overrides the veto by a 2/3 vote of
all its Members.
The Executive Branch is composed of the President, who serves as the Chief of State and head of
government, and is assisted by the Vice-President. The Cabinet is composed of Secretaries who are
appointed by the President with the consent of the Commission on Appointments.
The President of the Philippines has the mandate of control all the executive departments, bureaus, and
offices.
2. Ordinance Power
The President of the Philippines has the power to give executive issuances. Issuances are given in order
to make the programs of the government efficient.
The President of the Philippines has the power over non-Filipinos in the Philippines.
Example: The President may deport a foreigner or change their status from a non immigrant to permanent
resident.
4. Powers of Eminent Domain, Escheat, Land Reservation and Recovery of Ill-gotten Wealth
Eminent Domain refers to the power to take private property to be used by the public after the payment of
its value.
Escheat refers to the power to take over lands owned by disqualified individuals.
5. Power of Appointment
The President may appoint officials of the Philippine Government as provided by the Constitution and
laws of the Philippines. Some of these appointments, however, may need the approval of the Committee
on Appointments.
The President of the Philippines, as Chief Executive, has the power to supervise local governments in the
Philippines,
7. Other Powers
Aside from the aforementioned powers of the President of the Philippines, he can also exercise powers
enumerated in the Constitution and powers given to him by law.