Reviewer NSTP Chapter 2 Notes PDF

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CHAPTER 2: Citizenship andGood GovernanceGood governance is an indeterminateterm used in the international development literature to describe how public institutions conduct public affairs and manage public resources. Governance is “the process of decision- making and the process by which decisions ...

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CHAPTER 2: Citizenship and Good Governance

meaning of “good governance” on a set of requirements that conform with the organizations.

Good Governance in National Government

Good governance is an indeterminate term used in the international development literature to describe how public institutions conduct public affairs and manage public resources. Governance is “the process of decisionmaking and the process by which decisions are implemented (or not implemented).” The term governance can apply to corporate, international, national, local governance or to interactions between other sectors of society. The concept of “good governance” often emerges as a model to compare ineffective economies or political bodies with viable economies and political bodies. The concept centers on the responsibility of governments and governing bodies to meet the needs of the masses as opposed to select groups in society. Because countries often described as “most successful” are western liberal democratic states, concentrated in Europe and the Americas, good governance standards often measure any other state institutions against these states. Aid organizations and the authorities of developed countries often focus the be approximated with the provision of public services in an efficient manner, higher participation given to certain groups in the population (like the poor and the minorities), the guarantee that citizens have the opportunity of checks and balances in the government, the establishment and enforcement of norms for the protection of the citizens and their property, and the existence of independent judiciary systems. Lawson (2011) in his review of Rothstein -s book, The quality of government: Corruption, social trust, and inequality in international perspective, mentions that the author relates good governance to the concept of impartiality, which is basically when the bureaucrats perform their tasks following the public interest rather than their own self-interest. Lawson differs with him in this impartial application of law that ignores important factors, like economic liberalism, which matters because of its relation to economic growth.

Good Governance in Local Government

Good governance in the context of countries is a broad term, and in that regard, it is difficult to find a unique definition. According to Fukuyama (2013), there are two dimensions to qualify governance as good or bad: the capacity of the state and the bureaucracy -sautonomy. They both complement, in the sense that when the state is more capable, for instance, through the collection of taxes, there should be more autonomy because the bureaucrats are able to conduct things well without being instructed with a lot of details. In less capable states, however, less discretion and more rule setting are desirable. Another way to think about good governance is through outcomes. Since governments carry out goals, like the provision of public goods to their citizens, there is no better way to think about good governance other than through deliverables, which are precisely the ones demanded by citizens, such as security, health, education, water, enforcement of contracts, protection of property, protection of the environment, and their ability to vote and get paid with fair wages. Similarly, good governance might Good Governance in local government aims to increase civil engagement with more members of the community to get the best options that serve the people.

1987 Constitution - Article III Approved: 02 February 1987

BILL OF RIGHTS Concept of Bill of Rights 

Bill of rights may be defined as a declaration and enumeration of a person’s rights and privileges that the Constitution is designed to protect against violation by the government or by an individual or groups 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 – They are the rights

Good Governance is argued to be most important in local governments. It tries to promote more relationships between government and 1. Empowered citizens, 2. Neighborhood councils, and 3. Community councils.

possessed by every citizen without being granted by the State, for they are given to man by God as a human being created in His image so that he may live a happy life.

Examples: the right to life, the right to liberty, the right to property, and the right to love

Examples: the right of suffrage and the right to information on matters of public concern 2.

2. Constitutional rights – They are the rights that are conferred and protected by the Constitution. Since they are part of the fundamental law, they cannot be modified or taken away by any law-making body. 3. Statutory rights – They are the rights that provided by laws promulgated by a law- making body; consequently, they may be abolished by the same body. Examples: the right to receive a minimum wage and the right to adopt a child by an unrelated person Classification of Constitutional Rights The human rights secured by the Constitution include social and economic rights, not just political and civil rights. They are as follows: 1. Political rights – They are such rights of the citizens that give them the power to participate, directly or indirectly, in the establishment or administration of the government. 4. Rights of the accused – They are the (civil) rights intended for the protection of a person accused of any crime. Examples: the right 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 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.

Meaning of due process of law Any deprivation of life, liberty, or property by the State is with due process if it is done (a) under the authority of a law that is valid or of the Constitution itself, and (b) after compliance with fair reasonable methods of procedure prescribed by law. Aspects of due process of law

Civil rights – They are the rights that the law will enforce at the instance of private individuals for the purpose of securing for them the enjoyment of their means of happiness. Examples: the rights to due process and equal protection of the law; the rights against involuntary servitude and imprisonment for nonpayment of debts or a poll tax; the constitutional rights of the accused; the social and economic rights, religious freedom, liberty of abode and of changing the name, and the right against impairment of obligation of a contract; freedom of speech, of expression, or of the press; the right of assembly and petition; and the right to form association

3. Social and economic rights – They refer to the rights that are intended to insure the wellbeing and economic security of the individual. Examples: just compensation for private property taken for public use; promotion of social justice; the conservation and utilization of natural resources; the promotion of education, science and technology, and the arts and culture. is enforced. It requires, to paraphrase Daniel Webster’s famous definition.......a procedure “which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trials.” An indispensable requisite of this aspect of due process is the requirement of notice and hearing. 2. 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. In other words, no person shall be deprived of his life, liberty, or property, for arbitrary reasons or on flimsy grounds.

Procedural due process 1. In judicial proceedings – For the most part, procedural due process has its application in judicial proceedings, civil or criminal. It requires: a. An impartial court clothed by law with authority to hear and determine the

Due process of law has, therefore, a two-fold aspect, namely: 1. Procedural due process, which refers to the method or manner by which the law

b.

matter before it; Jurisdiction lawfully acquired over the person of the defendant or property, which is the subject matter of the proceedings;

c.

rtunity to be heard given the defendant; and d. Judgment to be rendered after lawful hearing

Thus, a tax that is imposed for a private purpose constitutes the taking of property without due process as it is beyond the authority of the legislature to levy.

Thus, there is a denial of procedural due process where an accused has been charged with an offense (e.g., theft) and convicted of another (e.g., robbery). Of course, the plaintiff has also a right to be given opportunity to be heard on his claim.

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 or warrant of arrest shall be issued 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.

2.

In administrative proceedings – Due process, however, is not always a judicial process. In certain proceedings of an administrative character, notice and hearing may be dispensed with, where because of public need or for practical reasons, the same is not feasible. Thus, the 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 regulations. Substantive due process. Viewed in its substantive aspect, due process of law requires that the law in question affecting life, liberty, or property be a valid law, i.e., within the power of the law-making body to enact and is reasonable in its operation.

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 3. 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. 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 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 quasijudicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Section 12. 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. No torture, force, violence, threat, intimidation, or any other means, which vitiate the free will shall be used against him. Secret detention

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.

places, solitary, incommunicado, or any other similar forms of detention are prohibited. Any confession or admission obtained in violation of this or Sec. 17 hereof shall be inadmissible in evidence against him

The law shall provide for penal and civil sanctions for violations of this section, as well as

compensation to the 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 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. No person shall be held to answer for a criminal offense without due process of law. 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. No person shall be detained solely by reason of his political beliefs and aspirations. 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. Neither shall 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 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 nonpayment 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

The Flag Code What is Republic Act 8491? RA 8491 refers to “An act prescribing the code of the national Flag, Anthem, Motto, Coat-ofArms and any other heraldic items and devices of the Philippines.” It was enacted by the Tenth Congress of the Philippines on its third regular session. This act is to be known as the “Flag and Heraldic Code of the Philippines.” The act declares that “reverence and respect shall at all times be accorded to the flag, the anthem, and all other national symbols which embody the national ideals and traditions and which express the principles of sovereignty and national solidarity. The heraldic items and devices shall seek to manifest the national virtues and to inculcate in the minds and hearts of our people a just pride in their native land, fitting respect and affection for the national flag and anthem, and the proper use of the national motto, coat-of-arms, and any other heraldic items and devices.” (Section 2) The following are the important definitions found in the Code: 1.

2. 3. 4. 5.

“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; “Festoon” shall mean to hang in a curved shape between two points as a decoration; “Flag” shall mean the Philippine National Flag, unless stated otherwise; “Fly” shall mean the part of the flag outside the hoist or length; “Symbol” shall mean any conventional sign

6. “Half-Mast” shall mean lowering the flag to one-half the distance between the top and bottom of the staff; 7. “Hoist” shall mean the part of the flag nearest the staff or the canvass to which the halyard is attached; 8. “Inclement Weather” shall mean that a typhoon signal is raised in the locality; 9. “National Anthem” shall mean the Philippine National Anthem. 10. “Official Residences” shall mean Malacañang, and any other government-owned structures where the President resides, and any other structures occupied by the Philippine Consulate or Embassies abroad; 11. “Places of Frivolty” shall mean places of hilarity marked by or providing boisterous merriment or recreation; and 12. “Institute” shall mean the National Historical Institute.

Understanding Our National Flag The flag of the Philippines shall be blue, white, and red with an eight-rayed goldenyellow sun and three five-pointed stars, as consecrated and honored by the people. The flag shall be displayed in all public buildings, official residences, public plazas, and institutions of learning every day throughout the year. The flag shall be permanently hoisted, day and night throughout the year, in front of the following: 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 ng mga Bayani; Mausoleo de los Veteranos dela Revolucion; all International Ports of Entry and all other places as maybe designated by the Institute. The flag shall be properly illuminated at night. The flag shall also be displayed in private buildings and residences or raised in the open on flagstaffs in front of said buildings every  April 9 (Araw ng Kagitingan);  May 1 (Labor Day);  May 28 (National Flag Day) to June

that reveals man’s achievement and heroism (for orders and decorations), identification, authority, and a sign of dignity (for coat-ofarms, logo and insignia); 

and on such other days as may be declared

  

12 (Independence Day); last Sunday of August (National Heroes Day); November 30 (Bonifacio Day); and December 30 (Rizal Day); by the President and/or local chief

executives. The flag may also be displayed throughout the year in private buildings or offices or raised in the open on flagstaffs in front of private buildings: Provided, that they observe flagraising ceremonies in accordance with the rules and regulations to be issued by the Office of the President. All government agencies and instrumentalities, and local government offices, government-owned corporations and local government units are enjoined to observe flag day with appropriate ceremonies. Socio-civic groups, nongovernment organizations and the private sector are exhorted to cooperate in making the...