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Bill of Rights and Notion of Duty

Bill of Rights and Notion of Duty






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    Bill of Rights and Notion of Duty Bill of Rights and Notion of Duty Presentation Transcript

    • By Alfred Roi S. Mallari BSED 4E The “Bill of Rights”
    • The “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.
    • The “Bill of Rights” “The Bill of Rights 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.Human dignity and equality led to the recognition of inherent and inalienable rights of the person,beyond the reach of even the most benevolent,not to say,the most tyrannical powers of government”
    • The “Bill of Rights” According to Leonardo A. Quisimbing & PurificationV. Quisimbing, Constitutional Rights and Obligation of the People,A primer.
    • The “Bill of Rights” Article III of the 1987 Constitution provides for the Bill of Rights are as follows:  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 laws
    • The “Bill of Rights”  Sec. 2The right of the people to be secure in their persons, houses, papers, and properties has 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
    • The “Bill of Rights” examination under oath of affirmation of the complainant and witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
    • The “Bill of Rights”  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 prescribed by the law.  (2) any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding
    • The “Bill of Rights” Sec 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
    • The “Bill of Rights”  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 or worship, without discrimination or preference shall forever be allowed. No religious tests shall be required for the exercise of civil and political rights
    • The “Bill of Rights”  Sec 6 the liberty of abode and of changing the same within the limits prescribed by the 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, or public health, as may be provided by the law
    • The “Bill of Rights”  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 as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by the law
    • The “Bill of Rights”  Sec 8The 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.  Sec 9 Private property shall not be taken for public use without just compensation
    • The “Bill of Rights”  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 defined to any person by reason of property
    • The “Bill of Rights”  Sec 12 (1) Any person under investigation for the commission of an offense hall 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.The rights cannot be waived exceot in writing and in the presence of counsel
    • The “Bill of Rights”  (2) No torture, violence, force, 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.
    • The “Bill of Rights”  (3)Any confession or admission obtained in violation of this or Sec 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 rehabilitations of victims of torture or similar practices and their families
    • The “Bill of Rights”  Sec 13 all person except those charged with civil offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, be fore conviction, be bailable by sufficient sureties, or be released on impaired even when the privilege of the write of haebas corpus is suspended. Excessive bail shall not be required
    • The “Bill of Rights”  Sec 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 pressured innocent until the contrary is proved, and shall enjoy the right to be heard by himself and the counsel, to be informed of the nature and cause of the accusation against him
    • The “Bill of Rights” to have a speedy, impartial, and public trial. To meet the witnesses face to face, and to have compulsory process in secure the attendance of witnesses and the production of evidence in his behalf. However after the arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable
    • The “Bill of Rights”  Sec 15 the privilege of the write of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it  Sec 16 all persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial and administrative bodies
    • The “Bill of Rights”  Sec 17 No person shall be composed as a witness against himself  Sec 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 duly been convicted
    • The “Bill of Rights”  Sec 19 (1) excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment neither shall death penalty already imposed shall be reduced to reclusion perpetua  (2)The employment of physical, psychological, or degrading punishment against prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by the law
    • The “Bill of Rights”  Sec 20 no person shall be imprisoned for debt or non-payment of a poll tax  Sec 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 shall constitute a bar to another prosecution of the same act
    • The “Bill of Rights”  Sec 22 No ex post facto law or bill of attainder shall be enacted
    • Civil and Political Rights
    • Civil and Political Rights The Bill of Rights includes the Civil and Political Rights of the people. 1. Civil Rights are those which an individual enjoys in his private activities, or in his transactions with others, as protected and granted by law.These include to right to privacy, the right to travel or change residence, the right to property, the right to worship, and the right to free access to a court of justice. Civil rights are enjoyed by citizens and non-citizens alike.
    • Civil and Political Rights 2. Political Rights are those which an individuals enjoy in participation in government affairs.These include the right to free speech and free press, the right to form associations, the right to assemble and to petition the government of the redress of grievances, the right to vote and be voted upon to public office. Political rights are enjoyed by the citizens of each particular country
    • Civil and Political Rights  Civil and Political rights are what we call HUMAN RIGHTS. But in its widest sense, human rights include those pertaining to the dignity of the persons, such as integrity, liberty, education, health, work, and welfare
    • The meaning of HUMAN RIGHTS today:  More than just a sum of Political and Civil Rights  Included as Human Rights: economic, social, and cultural rights
    • The meaning of HUMAN RIGHTS today: “Economic,social,and cultural rights are as important as political and civil rights.For freedom from detention, torture and other forms of political repression will be meaningless when people are hostage to hunger,disease, ignorance and unemployment.In the same way,freedom from social and economic inequities would be in vain without the right to participate in determination of the direction of society” Renato Constantino
    • Notion of Duty
    • Notion of Duty Duty, taken objectively, is anything we are obliged to do or omit.Taken subjectively, is a moral obligation incumbent upon a person of doing, omitting or avoiding something It is a moral obligation because it depends upon freewill.As such, it resides on a person.And because duty is defined by law, any willful neglects makes the person accountable for such act.