Reviewer Cwts 2
Reviewer Cwts 2
Classification of Rights
. Natural Rights – possessed by every citizen without being granted by the State for they are conferred by God so that human being may
live a fulfilled life. Examples: the right to live ; the right to love.
Constitutional Rights- conferred and protected by the Constitution. They cannot be modified or taken away by the laws-making body.
Constitutional Rights are classified as follows:
2.1. Political Rights – clothes the citizens with the power to participate , directly or indirectly, in the establishment or administration of
the government. Examples: right of citizenship's; suffrage.
2.2. Civil Rights – enforced by law at the instance of private individuals for the purpose of securing to them the enjoyment of their means
of happiness.
2.3. Social and Economic Rights – intended to ensure the well- being and economic security of the individual.
2.4. Rights of the Accused – intended for the protection of a person accused of any crime.
Statutory Rights – provided by laws promulgated by the law-making body and may be abolished by the same body.
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 peaceably to
assemble and petition the government for redress of grievances.
Section 5.
No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.
Section 6.
The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order
of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may
be provided by law.
Section 7.
The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents
and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by law.
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.
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 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.
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.
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.
(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 factor law or bill of attainder shall be enacted
An Introduction
•Republic Act (R.A.) 9163 – also known as National Service Training Program (NSTP) Act of 2001
-is an act establishing the National Service Training Program (NSTP) for tertiary level students, amending for the purpose Republic Act
7077 and Presidential Decree 1708 and for other purposes.
-enacted on January 23, 2002- date of approval and signature of President Gloria Macapagal-Arroyo.
In pursuit of these goals, the youth, the most valuable resource of the nation, shall be motivated, trained, organized and mobilized in
military training, literacy, civic welfare and other similar endeavors in the service of the nation.
Section 4 –
Establishment of the National Service Training Program
There is hereby established a National Service Training Program (NSTP), which shall form part of the curricula of all baccalaureate
degree courses and of at least two (2)-year technical-vocational courses and is a requisite for graduation, consisting of the
following service Components:
(1) The Reserve Officers’ Training Corps (ROTC), which is hereby made optional and voluntary upon the effectivity of this Act;
(2) The Literacy Training Service; and
(3) The Civil Welfare Training Service.
The ROTC under the NSTP shall instill patriotism, moral virtues, respect for rights of civilians, and adherence to the
Constitution, among others. Citizenship training shall be given emphasis in all three (3) program components.
The Commission on Higher Education (CHED) and Technical Education and Skills Development Authority (TESDA), in
consultation with the Department of National Defense (DND), Philippine Association of State Universities and Colleges (PASUC),
Coordinating Council of Private Educational Associations of the Philippines (COCOPEA) and other concerned government
agencies, may design and implement such other program components as may be necessary in consonance with the provisions of this Act.
For the implementation of the Flag Heraldic Code of the Philippines, the
NSTP should be guided with the following provisions:
SEC. 2
States that it is the policy of the state to prescribe the Code of the National Flag, Anthem, Motto, Coat-of-Arms and other Heraldic Items
and Devices of the Philippines, ensure the promotion and implementation of its corresponding rules and regulations, and adopt effective
administrative, regulatory, coordinative and supervisory programs and activities, where appropriate, in conformity with national
government policies.
SEC. 4
The Flag Heraldic Code of the Philippines will promote or sustain reverence and respect for the flag, the anthem and other national
symbols, and those which symbolizes the national ideals and traditions.
Definition of Terms
a. “Military” shall mean all branches of the Armed Forces of the Philippines including the Philippine National Police, the Bureau of Jail
Management and Penology, and the Bureau of Fire Protection;
b. “Festoon” shall mean to hang in a curved shape between two points as a decoration;
c. “Flag” shall mean the Philippine National Flag, unless stated otherwise;
d. “Fly” shall mean the part of the flag outside the hoist or length;
e. “Symbol” shall mean any conventional sign which reveals man’s achievement and heroism (for orders and decorations), identification,
authority and a sign of dignity (for coat-of-arms, logo and insignia);
f. “Half-Mast” shall mean lowering the flag to one-half the distance between the top and bottom of the staff;
g. “Hoist” shall mean the part of the flag nearest the staff or the canvass to which the halyard is attached;
h. “Inclement Weather” shall mean that a typhoon signal is raised in the locality;
j. “Official Residences” shall mean Malacañang, and other government-owned structures where the President resides, and other
structures occupied by the Philippine Consulate or Embassies abroad;
k. “Places of Frivolty” shall mean places of hilarity marked by or providing boisterous merriment or recreation; and
SECTION 5.
The flag shall be displayed in all public buildings, official residences public plazas, and institutions of learning everyday throughout the
year.
SECTION 6.
The flag shall be permanently hoisted, day and night throughout the year, in front of the following; at Malacanang Palace; the Congress of
the Philippines building; Supreme Court building; the Rizal Monument in Luneta, Manila; Aguinaldo Shrine in Kawit, Cavite; Barasoain
Shrine in Malolos, Bulacan; the Tomb of the Unknown Soldier, Libingan ngmga Bayani; Mausuleo de los Beteranos dela Revolucion; all
International Ports of Entry and all other places as maybe designated by the Institute.
The flag may also be displayed throughout the year in private buildings or offices or raised in the open on flag-staffs in front of
private buildings: Provided, that they observe flag-raising ceremonies in accordance with the rules and regulations to be issued by
the Office of the President.
SECTION 18.
All government offices and educational institutions shall henceforth observe the flag-raising ceremony every Monday morning and the
flag lowering ceremony every Friday afternoon. The ceremony shall be simple and dignified and shall include the playing or singing of
the Philippine National Anthem.
SECTION 19.
The office of the President upon the recommendation of the Institute shall issue rules and regulations for the proper conduct of the flag
ceremony.
SECTION 20.
The observance of the flag ceremony in official or civic gatherings shall be simple and dignified and shall include the playing or singing
of the anthem in its original Filipino lyrics and march tempo.
SECTION 21.
During the flag-raising ceremony, the assembly shall stand in formation racing the flag. At the moment the first note of the anthem is
heard, everyone in the premises shall come to attention; moving vehicles shall stop. All persons present shall :.ace their right palms over
their chests, those with hats shall uncover, while those in military, scouting, security guard, and citizens military training uniforms shall
give salute prescribed by their regulations, which salute shall be completed upon the last note of the anthem.
The assembly shall sing the Philippine national anthem, accompanied by a band, r available, and at the first note, the flag shall be raised
briskly.
The same procedure shall be observed when the flag is passing in review or in parade.
SECTION 22.
During the flag lowering, the flag shall be lowered solemnly and slowly so that the flag shall be down the mast at the sound of the last
note of the anthem. Those in the assembly shall observe the same deportment or shall observe the same behavior as for the flag-raising
ceremony.
HALF-MAST
The National Flag should be at half-mast as a sign of mourning on all the buildings and places where it is displayed on the official day of
announcement of the death of the following officials:
The President or former President (10 days);
The Vice-President, the Chief Justice of the Supreme Court, the President of the Senate and the Speaker of the House of Representatives
(7 days)
. Cabinet Secretaries, Associate Justice of the Supreme Court, Members of the Senate and House of Representatives, the Chief of
Staff of the Armed Forces of the Philippines and the Director-General of the Philippine National Police (5 days);
Head of National Government Agencies, including Government Owned and Control Corporations and Government Financial
Institutions (3 days)
. Members of the Sangguniang Panlalawigan, Sangguniang Panlungsod and Sangguniang Bayan (on the day of interment)
e. The Commanding Generals of the Philippine Air Force and the Philippine Army and the Flag Officer in Command of the Philippine
Navy (3 days)
f. Governors, Vice-Governors, city and municipal Mayor, city and municipal Vice-Mayors (3 days)
. Barangay Chairmen and Barangay Councilmen on the day of interment
i. Former National or Local Government Officials, appointive or elective
j. Regional Directors, Superintendents, Supervisors, Principals, Teachers and other school officials
Note: During calamities and disasters, National Flag shall also be flown at half-mast.
The flag must be raised to the top of the pole before it is lowered to the half-mast position; and before it is lowered for the day it
must be raised to the top again.
CASKET
SEC. 28
The National Flag may be used to cover the caskets of the dead honored men (military, veterans of previous wars, National
Artists and other civilians) who rendered noble service to our nation. It should not touch the ground but must be folded solemnly and
handed it to the heirs of the deceased. No object must be placed on top of it except for the religious objects that symbolizes “God above
the country”.
RULE
When positioning the flag, the white triangle must be at the head of the casket while the blue field must cover the right side. To prevent
the flag
from falling off, a black band may be wrapped along the side of the casket.
PROHIBITED ACTS
SEC. 39 It is prohibited:
A. To mutilate, deface, defile, trample on, cast contempt, or commit any act or omission casting dishonor or ridicule upon the
National Flag or over its surface;
B. To dip the National Flag to any person or object by way of compliment or salute;
F. To add any word, figure, mark, picture, design, drawings, advertisement, or imprint of any nature on the National Flag;
G. To print, paint or attach representation of the National Flag on handkerchiefs, napkins, cushions, and articles of merchandise;
H. To display in public any foreign flag, except in embassies and other diplomatic establishments, and in offices of international
organizations;
Note: This pledge should be recited right after singing the National Anthem with the right palm open and shoulder raised high.
NATIONAL ANTHEM
The National Anthem should be interpreted in accordance with the musical arrangement and composition of Julian Felipe with its
original lyrics and tempo.
LUPANG HINIRANG
Bayang Magiliw
Perlas ng Silanganan
Alab ng puso
Sa dibdib mo’y buhay
Lupang Hinirang
Duyan ka ng magiting
Sa manlulupig
Di ka pasisiil.
Sa dagat at bundok,
Sa simoy at
Sa langit mong bughaw,
May dilag ang tula
At awit sa paglayang minamahal.
Ang kislap ng watawat mo’y
Tagumpay na nagniningning
Ang bituin at araw niya,
Kailan pa may di magdidilim.
Lupa ng araw, ng luwalhati’t pagsinta,
Buhay ay langit sa piling mo,
Aming ligaya na pag may mang-aapi,
Ang mamatay ng dahil sa iyo.
SECTION 37.
The rendition of the National Anthem, whether played or sung, shall be in accordance with the musical arrangement and composition of
Julian Felipe.
SECTION 38.
When the National Anthem is played at a public gathering, whether by a band or by singing or both, or reproduced by any means, the
attending public shall sing the anthem. The singing must be done with fervor.
As a sign of respect, all persons shall stand at attention and face the Philippine flag, if there is one displayed, and if there is none, they
shall face the band or the conductor. At the first note, all persons shall execute a salute by placing their right palms over their left chests.
Those in military, scouting, citizen’s military training and security guard uniforms shall give the salute prescribed by their regulations.
The salute shall be completed upon the last note of the anthem.
The anthem shall not be played and sung for mere recreation, amusement or entertainment purposes except on the following
occasions:
a. International competitions where the Philippines is the host or has a representative;
b. Local competitions;
c. During “signing off” and “signing on” of radio broadcasting and television stations;
d. Before the initial and last screening of films or before the opening of theater performances; and
e. Other occasions as may be allowed by the Institute.
SECTION 39.
All officials and employees of the national and local governments, and any agencies or instrumentalities thereof, including government-
owned or controlled corporations, privately-owned entities of offices displaying the national flag and government institutions of learning
are hereby directed to comply strictly with the rules prescribed for the rendition of the anthem. Failure to observe the rules shall be a
ground for administrative discipline.
Paleways of two (2) pieces, azure and gules; a chief argent studded with three (3) mullets equidistant from each other; and, in point of
honor, ovoid argent over all the sun rayonnant with eight minor lesser rays. Beneath shall be the scroll with the words “REPUBLIKA
NG PILIPINAS,” inscribed thereon.
The coat of arms of the Philippines (Filipino: Sagisag ng Pilipinas; Spanish: Escudo de Filipinas) features the eight-rayed sun of
the Philippines with each ray representing the eight provinces (Batangas, Bulacan, Cavite, Manila, Laguna, Nueva Ecija,
Pampanga, and Tarlac) which were placed under martial law by Governor-General Ramón Blanco Sr. during the Philippine Revolution,
and the three five-pointed stars representing the three major island groups of Luzon, the Visayas, and Mindanao.
On the blue field on the dexter side is the North American bald eagle of the United States, and on the red field on the sinister side
is the lion rampant of the coat of arms of the Kingdom of León of Spain, both representing the country's colonial past. The
current arms, which shares many features of the national flag, was designed by Filipino artist and heraldist Captain Galo B.
Ocampo.
The blazon of the coat of arms from Flag and Heraldic Code of the Philippines (Republic Act 8491) is as follows:
...Paleways of two (2) pieces, azure and gules; a chief argent studded with three (3) mullets equidistant from each other; and, in
point of honor, ovoid argent over all the sun rayonnant with eight minor and lesser rays. Beneath shall be the scroll with the words
"REPUBLIKA NG PILIPINAS", inscribed thereon.
Pale ways of two pieces, azure and gules; a chief argent studded with three golden stars equidistant from each other; in point of honor,
ovoid argent over all the sun rayonnant with eight minor and lesser rays; in sinister base gules, the Lion Rampant of Spain; in dexter base
azure, the American eagle displayed proper. Beneath, a scroll with the words 'Republic of the Philippines' inscribed thereon.
The Great Seal
SECTION 42.
The Great Seal shall be circular in form, with the arms as described in the preceding section, but without the scroll and the inscription
thereon. Surrounding the whole shall be a double marginal circle within which shall appear the words “Republika ng Pilipinas.” For the
purpose of placing The Great Seal, the color of the arms shall not be deemed essential but tincture representation must be used.
The Great Seal shall bear the National Motto.
SECTION 43.
The Great Seal shall be affixed to or placed upon all commissions signed by the President and upon such other official documents and
papers of the Republic of the Philippines as may be provided by law, or as may be required bv custom and usage. The President shall have
custody of the Great Seal.
Philippine Constitution
(Preamble)
Overview…
The Philippine Constitution (Saligang Batas ng Pilipinas) is the supreme law of the Republic of the Philippines
It was ratified by a national plebiscite on February 2, 1987
The Philippine Constitution of 1987 is the recent among the constitutions ratified since the country’s independence on 1898
The 1899 Malolos Constitution (1899-1901)
The 1935 Constitution (1935-1943, 1945-1973)
The 1943 Constitution (1943-1945)
The 1973 Constitution (1973-1986)
The Preamble
The term preamble is derived from the Latin term preambulare, which means, “to walk before.”
It is an invocation or the opening prayer in any activity or the prologue of the constitution, invoking the highest sovereign God
Almighty to bless this instrument.
this is not an integral part of the constitution and could not enforced, however its significance is that studies made showed that
almost all of the constitution made to contain a preamble.
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a
Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and
secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.”