Lesson 10: RIGHTS AND DUTIES

Man is born with rights and duties. There is too much talk about rights. We even
have a Commission on Human Rights. Some suspect that duties are not given the
same emphasis. We insists on our rights but often ignore our duties. Duties however
are more fundamental than rights. The duty to do good and avoid evil takes precedence
over all rights.

Objectives:
At the end of the chapter, the learner is expected to:
1. Explain the meaning of rights and duties.
2. Differentiate the kinds of rights and the kinds of duties.
3. Lift the rights of the Filipino people.
4. Support the rights and duties of every Filipino.

Input 1: Notion of Right

Right, objectively, is anything which is owed or due. Taken, subjectively as

possessed by a person, right is the moral power, bound to be respected by others, of
doing, possessing, or requiring something (Glenn:136).

Right is founded upon a law, either the natural law or the human positive law.
Rights are vested on the individual person or on a group of individuals constituted by
law as a juridical person, such as business corporations, institutions, and associations.

Kinds of Rights

1. Natural Rights are those based on the natural law. The right to life, to education,
to work - are natural rights.

2. Human Rights are those based on human positive laws either those enacted by
the State or by Religion.
 Civil rights are those promulgated by the State, such as the right to form
associations, the right to run for public office, and right to due process.
 Ecclesiastical or religious rights are those promulgated by a church or sect,
such as the right to attend religious services, the right to be instructed in the
faith, and the right to the services and rites.
 3. Alienable Rights and Inalienable Rights
 Alienable rights are those which could be surrendered, renounced, or
removed- such as the right to travel and the right to operate a business.
 Inalienable Rights are those which cannot be surrendered, renounced, or
removed - such as the right to life, the right to marry and the right to
education.

4. Juridical and Non-juridical Rights

 Juridical rights are those based on the law. These rights are to be respected,
permitted, fulfilled as a matter of justice.
 Non-juridical rights are those based on virtue rather than strict justice. The
right of a worker to a wage is juridical, but his right to a clothing allowance is
non-juridical.

5. Right of Jurisdiction is the power of a lawful authority to govern and make laws
for his constituents or dependents. A mayor has a right of jurisdiction over the
municipality and its residents. A parent has the same right over his children.

Characteristic of Rights

1. Coaction is the power inherent in rights to prevent their being violated and to
exact redress for their unjust violation. Under normal circumstances, coaction is
exercised by the courts of justice. In extraordinary situation, however, coaction
may be enforced by the subject person himself whose right is endangered, such
as in the case of self-defense against an unjust aggressor.

2. Limitation is a natural limits or boundary beyond which a right may not be

insisted without violating the right of another. One may not turn loud his radio
when it is time for everyone to be sleeping in the dormitory.

3. Collision is the conflict of two rights so related that it is not possible to exercise
one without violating the other. There is a collision of rights between the right of
demonstrators to freedom of expression and the right of the pedestrians and car
drivers to use the streets in pursuit of their legitimate activities. In theory, the
conflict of rights is merely apparent since rights are founded on laws which
cannot be contradictory. In practice, conflict of rights are resolved thru
negotiation and compromise.

In the resolution of conflict, the right which should prevail is that which:

(1) Belongs to the more higher order; or

(2) Is Concerned with a graver matter or
(3) Founded upon a stronger title or claim.

For example the right of the citizens to peace and order takes precedence of over
the demonstrators to rally and obstruct traffic, the right of a patient to medical care takes
precedence over a doctor’s right to fee, and the right of a parent to care for a child takes
precedence over that of a guardian.

Civil and Political Rights

In a democratic society, the individual person is assured of his civil and political
rights.

1) Civil rights - are those enjoyed by persons as private individuals in pursuit of

their personal activities and in their transactions with others. These include
among others the right to life, the right to privacy, the right to own a property,
the right to education, and the right to worship. Civil rights are enjoyed by
citizens and non-citizens.

2) Political rights - are those enjoyed by persons as citizens in their participation

in government affairs. These include among others the right to run for public
office, the right to vote, the right to be informed of public issues, and the right
to public services.

Civil and political rights comprise what we refer to as human rights listed in the
Bill of Rights.

Activity 1:
Direction: Explain the briefly the following:

1. Why does we need a Bill of Rights?

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2. What rights do we need for a decent standard of living?

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3. What does the Bill of Rights say about equality?

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 4. How could the Bill of Rights protect ethnic minorities?
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5. How can there be just and equal treatment for the identities of communities?
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6. Explain the importance of a Bill of Rights in a country.

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Input 2: 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,” writes Leonardo A. Quisumbing, “is a premised on the

belief in the dignity of man and 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 idea of equality.” (Constitutional Rights and
Obligations of the People: 70-71)

The 1987 Constitution of the Philippines provides for the Bill of Rights as
follows:

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.
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 of warrant or arrest shall issue
except upon probable cause to be determine personally by the judge after examination
under oath or affirmation of the complaint and the witnesses he may produce, and
particularly describing the place to b search and the persons or things to be seized.

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 nay 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 peacefully 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.
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.
Section 8.
The 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.
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 evidence against him.
(4) The law shall provide for penal and civil sanction for violation of this section
as well as compensation to and rehabilitation of victims for torture or similar practices,
and their families.
Section 13.
All person, 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 criminal offense without due process of
law.
(2) In the 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 ensure the attendance of witnesses and the production of evidence in his
behalf.
Section 15.
The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when public safety requires it.
Section 16.
All person shall have the right to a speedy disposition of their case 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 cancel, degrading or inhuman
punishment inflicted. 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.
(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 the law.
Section 20.
No person shall be imposed 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
constitute a bar to another prosecution for the same act.
Section 22.
No ex post facto law or bill of attainder shall be enacted.

Economic, Social and Cultural Rights

The sum of human rights is not limited to the civil and political rights of
individuals. Today, human rights include economic, social and cultural rights.

Renato Constantino declares “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 (Civil Liberties, Human: The Larger Focus: 22-23).

The Philippines is a signatory to the International Covenant on Economic, Social and

Cultural Rights of the United Nation General Assembly. The covenant calls on all
signatory States to recognize and guarantee the basic social, economic and cultural
rights of all people.

Among others, the Covenant guarantees the right to work, including the right to just
and favorable conditions of work, to fair wages, and the right to freely form and join
trade unions. It guarantees the right to social securities, the right to an adequate
standard of living, the right to be free from hunger and the right to enjoy the highest
attainable standard of physical and mental health. It guarantees the right to enjoy the
benefits of scientific progress.

Above all, the Covenant guarantees, as a collective right of a people, the right to
self-determination, which is the right to freely determine their political status and freely
pursue their economic, social and cultural development.

Activity 2:
Direction: Enumerate at least five duty you have according to the different roles you
have today.

ROLES DUTY
SON/DAUGHTER

CO-SIBLING

YOUTH/HUSBAND/WIFE

STUDENT
 BELIEVER
(Christian/Islam)

1. What did you realize after doing this activity?

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Input 3: The Meaning of Duty

Duty, taken objectively is anything we are bound to do or omit. Taken

subjectively, it is a moral obligation incumbent upon a person to do, omit, or avoid
something.

Duty is a moral obligation because it depends upon freewill of the subject person.
And because duty is defined by law, any willful neglect of a duty makes a person
accountable for such omission.

Correlation of Right and Duty

Right and duty are correlative in a given person. One who has a right to
something has the duty to act consistent with that right. For instance, the right to life of a
person imposes upon himself the duty to work for sustaining such life. Pope John
XXIII says “the right of every person to life is correlative with the duty of living it
becomingly; and his right to investigate the truth freely, with the duty of seeking it and
possessing it ever more completely and profoundly” (Encyclical Pacem in Terris, Peace
on Earth, p.9).

A prevailing error is insisting that other people respect our rights, while we
ourselves do very little about our duty to act consistently with such rights. For example,
we claim the right to freedom of expression or speech without fulfilling the prior duty of
investigating the facts.
Reciprocity of Rights and Duties

In interpersonal relationships, rights and duties are reciprocal. The right of one
person implies in another the duty to respect that right. Because Pedro has the right to
live, other persons or agencies are duty bound not to harm him but to help him fulfill
such right.

Duties are expressed as laws. The command “Thou shall not steal” expressed in
the Decalogue enjoins as to respect the property of others and to omit such action as
stealing. The command “Honor your father and your mother” enjoins us to love and
obey our parents and forbids such act as disrespect, disobedience, or animosity
towards them.

The reciprocity of rights and duties imposes the same privilege and burden on all
men. Thus, “those who claim their right, yet altogether forget or neglect to carry out their
respective duties, are people who build with one hand and destroy with the other hand.”
(John XXIII:9).

Kinds of Duties

1. Natural duties – are those imposed by natural law, such as the duty to take care
of our health, the duty to educate ourselves, and the duty to worship God.

2. Positive duties – are imposed by a human positive law, such as the duty to pay
taxes, the duty to observe traffic rules, and the duty to vote.
Duties are either Affirmative/Negative

• Affirmative duties are those that require the performance of an act, such as the
duty of loving our parents and love one’s and that of paying our debts.
• Negative duties are those which require the omission of an act, such as the duty
not to kill another person and that of not carrying deadly weapon.

Exemption from Duty

Duties are to be complied with unless one is prevented by a strong and just
reason. A student has to attend classes unless sickness prevents him from doing so. A
driver is to observe the speed limit unless he is rushing a dying person to a hospital.

While a person concerned has to decide for himself when he may claim exemption,
such claim should never be arbitrary or whimsical. Such decisions must be based on
these principles (Panizo: 121-122).

1. Negative duties arising from negative natural law admit no exemption.

Negative duties are those that require no omission of an evil act. When an act is
intrinsically evil, nobody may claim exemption so as to be allowed it. No excuse
could be given to such as murder, stealing, rape, kidnapping, or adultery.
2. Affirmative duties arising from affirmative precepts of natural law admit
exemptions when the act is rendered impossible under certain conditions or
would involve excessive hardship on the person.
Affirmative duties do not bind when circumstances make it impossible to comply
with it. He who is himself destitute is not bound to feed the hungry. A family may
not provide expensive medical care to a relative if it becomes excessively difficult
to borrow money and repay it without suffering deprivation.

3. Ordinary hardships which come along with the performance of a duty do not
exempt one from complying with such duty.
The fulfilment of a duty invariably poses certain degree of difficulty and sacrifice
on the person. Such common hardships do not exempt anyone from complying
with the duty. Thus, the student who finds it difficult to get a ride to and from the
school is not exempted from attending his classes. The security guard who finds
it hard to stay awake on his night shift is not justified when he falls asleep on
duty.

Conflict of Duties

There is conflict of duties when two or more of them needs to be answered at the
same time. In this situation, the following guideline will be useful:
 1. Duties towards God may be given priority over those towards men. Theoretically,
one should be attending church service rather than attend a social gathering, a
meeting or a party. This conflict, however, may easily be solved by arranging
personal schedule so that both obligations are met.

2. Duties that secure public order or the common good have priority over those that
safeguard the individual. The need to obey traffic rules takes precedence over
personal convenience.

3. Duties towards the family and relatives take precedence over those towards
strangers. Except in the case of nepotism, the needs of family and relatives have
greater claim to our services and generosity. Thus, a father should spend for the
food and needs of his family, before he thinks of entertaining his friends or
barkada.

4. Duties of greater importance take precedence over those of lesser importance.

The preservation of one’s honor is more important than gaining monetary
advantage.

5. Duties based on higher law take precedence over those coming from lower laws.
Condemning divorce on the basis of natural law is better than subscribing to it on
the basis of a human positive law.

Activity 3:
Direction: Answer the following very well:

1. Which duties do not accept exemption? Give an example.

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2. Explain the meaning of “equal protection of the law”.

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3. When you pay your fare in a bus, do you acquire a right to a seat which you may
then refuse to give up even to a lady or an elderly person? Explain your answer.
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Summative Assessment
Direction: Answer and discuss the following by citing a concrete example:

1. Explain how rights are limited?

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2. What is the meaning of a positive and negative duty?

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3. What is the difference between civil and political rights?

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4. Is citizenship an inalienable right? Explain.

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5. What is the meaning of coaction?

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Assignment: Read Equality before the Law article by Jose C. Sison below from the
textbook we are using.
Write a reaction paper on what you have learned from that article.
 Rubrics:
Content & Development: Content is comprehensive, accurate, and persuasive.
Major points are stated clearly and are well supported.
Organization & Structure: Paragraph transitions are logical and maintain the flow
of thought throughout the paper.
Format: Introduction, Body, Conclusion, Short Bond Paper, Arial, Font 12, Single
Space, Observe Proper Indention, Justified
Grammar, Punctuation & Spelling: Rules of grammar, usage, and punctuation
are followed; spelling is correct.

Reading: Equality before the law

Jose C. Sison

The twin brother of the “due process of law” on our Constitution is the equal
protection of the laws” clause found in the same Section I Article III. They are twins
because they are more or less based on the same principle of reasonableness and fair
play and freedom from arbitrariness. In fact equal protection may be said to be a part of
due process of the law although it is more of a guarantee against discrimination.

But perhaps, more than any other language in the Constitution, this “equal
protection” clause has been used to strengthen and broaden civil rights. And this is
precisely because it is so broad that it defies (sic) an exact definition. In general, it can
be defined as equality before the law, that “no person or class of persons shall be
denied the same protection of the law which is enjoyed by the other persons or other
classes under like circumstances, in their lives, liberty, and in the pursuit of happiness”
(Troax V. Corrigan 257 U.S. 312), Or more concisely stated, the guarantee of equal
protection means that the rights of all persons must rest upon the same rule under the
same circumstances both in privileges conferred and in liabilities imposed (Harford v.
Harrison 301 U.S. 459).

The constitutional guarantee of equal protection does not, however, mean that
laws cannot be passed making classifications on the subject legislation. This is allowed
as long as the classification is reasonable. And a classification is reasonable, where
(1) it is based on substantial distinctions which make real differences like
classifying certain natives of the Philippines of a low grade of civilization usually living in
tribal relationship apart from other communities and enacting a special law applicable to
them only;
(2) the classification is relevant to the purpose of the law, like prohibiting these
natives to buy intoxication liquors of any kind other than their native wines and liquors;
(3) the classification are applies not only to the present conditions but also to
future conditions which are substantially identical to the present; and
(4) the classification applies only to those who belong to the same class (People
v. Cayat 68 Phil. 12). Thus, in another case, a law imposing a fine on a poor person less
than that imposed upon one who is well-to-do for the same violation, is not against the
equal protection of the law (People v. Ching Kuan 74 Phil. 23).
 As rightly declared in the same case, equality before the law is therefore not
“literal and mathematical but relative and practical”. It recognizes the fact that human
being are not born equal; many have material, physical or intellectual handicaps.
Society cannot abolish such congenital inequality but “can endeavor to afford everybody
equal opportunities” (A Law Each Day (Keeps Trouble Away), The Phil. Star, March 4,
1988).