IV and V. Civil, Political, Economic, Social, and Cultural Rights As Applied in The Philippines

Chapter IV
Civil and Political Rights as Applied in the Philippines
1. What do you understand by civil rights?
Ans: Civil rights are the rights which the law will enforce at the instance of individuals without
discrimination for the enjoyment of their lives, liberty and means of happiness.
2. How is civil right distinguished from political right?
Ans: Both are protected personal rights but political rights are especially catering to the right to
participate directly or indirectly in the establishment or administration of government. Political rights are
rights to enable people to participate in running the affairs of the government.
3. Why are these rights called “Negative Rights”?
Ans: In answer to restraint the tyrannical government.
Ex. “No one should be tortured”, “No one should be deprived of freedom of expression”, “no one
should be deprived of life”
4. Mention at least 3 basic civil rights and how they are applied in Philippine society.
Ans: - Right to Life, Liberty and Property - Art III Sec 1 (no person, not even the state has the authority to
take one’s ife)
- Right to Privacy - Art III Sec 3 (right to be free from intrusions into certain thoughts and activities)
- Freedom of expression - Art 3, Sec 4-5 (right to self-determination)
5. Discuss at least 3 rights of a person who is accused of a crime.
Ans: - Right to be informed of the nature and cause of the accusation against him
- Right to bail
- Right to meet the witnesses face to face
* remember Art III, Sec 14
6. What do you understand by the principle of “presumption of innocence” of an accused

person? What is the reason of such presumption?
Ans: this means that an accused cannot be presumed to have committed the charges against without the
proof of guilt beyond reasonable doubt. The accused cannot be imprisoned just based on circumstantial
evidence. The strict compliance with this is the court’s policy on protecting an actually innocent person
from going to jail.
7. What do you understand by the right of persons to peaceably assemble? Are there limitations
or restrictions to this right?
Ans: “Peaceful Assembly” means the right of citizens to meet peacefully for consultation in respect to
public issues and to petition the government for redress of grievance.
This right can be restricted on grounds of national security, public order, the protection of public health
or morals, or the protection of the rights of others.
CHAPTER V
ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS APPLIED IN THE PHILIPPINES
1. Briefly explain what is meant by economic, social and cultural rights

 They are the commitments of the state for opportunities to achieve equality and
distributive justice to its citizens such as the right to food, clothing, housing and
education. It included the right to work with fair and just wages, decent working
conditions, and protection of the family to maintain the decent standard of living.
2. Why are these rights considered as “social welfare rights”

 They are generally stated as positive undertakings or obligations of the government to
ensure economic well being of the people.
3. Why are these rights also called “Affirmative rights”

 They are viewed as goals or aspirations that government should provide for its citizens
depending upon its resources.
4. What are the main purposes of the economic rights? Cite examples and explain.
 To promote high standard of living, full enjoyment and conditions of economic and
social progress and development.
5. What do you mean by social rights? Cite examples.

 Social rights are those rights concerned with basic human
needs. Ex: 1. Right to development
2. Right to self Determination
3. Right of Workers to Self-Organization
4. Right to Work under Decent Living Conditions
5. Right to Work in Third World Countries
6. Right to Strike
7. Right to Strike as Against Property Rights
8. Right to Social Security
9. Protection of and Assistance to Family
10. Right to Education and Development of Human Personality
11. Right to Students and Academic Freedom
12. Participation in Cultural Life and Benefits of Scientific Progress
13. Religious Education and Instruction
14. Right to High Standard of Physical and Mental Health
6. What do you mean by cultural rights? Cite examples and explain.

 Rights that aim at assuring the enjoyment of culture and its components in conditions of
equality, human dignity and non discrimination.
Ex: 1. Right to provide funds for the promotion of cultural development
2. Promotion of awareness and enjoyment of the cultural heritage of national ethnic
groups and minorities and of indigenous peoples.
3. Preservation and presentation of mankind's cultural heritage
4. Legislation protecting the freedom of artistic creation and performance
7. Mention some provisions in the Philippine Constitution on Economic rights, Social rights,
and Cultural rights.
 1. Art. XII on the National Economy and Patrimony
2. Art. XIII on Social Justice and Human Rights, Agrarian and Natural Resources, Urban
Land Reform and Housing, Health Women
3. Art. XIV on Education, Science and Technology, Arts, Culture and Sports
4. Art. XV on the family
8. What are the obligations of developed and industrialized countries towards Third
World Countries on economic, social and cultural rights?
 State Parties are obliged to take steps, individually and through international
assistance
and cooperation, especially economic and technical, to the maximum of its
available resources, with a view to achieving progressively the full realization of the
rights recognized in the present covenant.
9. What is meant by “public interest and social litigation?”

 It’s the actions or remedies to enforce and implement Economic, Social and
Cultural rights. Must be accessible to all people, should be simple and at the
minimum cost. Free from technical forms of pleadings, rules of procedure in said
cases should be relaxed and socio-legal fact finding bodies should be appointed to
determine facts in issue.
10. How should the State comply with the Covenant on Economic, Social and Cultural Rights?
 By incorporating in their constitution most of the rights enumerated in the
International Covenant in Economic, Social and Cultural Rights and implementation
of it through social legislation.
11. What is meant by Right of Development? Cite concrete examples.

 Inalienable human right by virtue of which every human person and all people are
entitled to participate in, contribute to, and enjoy economic, social, cultural and
political development, in which all human rights and fundamental freedoms can be
fully realized. Ex: 1. Economic prosperity
2. Social, political and cultural empowerment
3. Social reform
4. Economic reform
5. Agriculture reform
6. Agrarian reform and natural resources
7. Infrastructure development
8. Governance and development financing

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Chapter IV

Civil and Political Rights as Applied in the Philippines

1. What do you understand by civil rights?

2. How is civil right distinguished from political right?

3. Why are these rights called “Negative Rights”?

Ans: In answer to restraint the tyrannical government.

- Freedom of expression - Art 3, Sec 4-5 (right to self-determination)

5. Discuss at least 3 rights of a person who is accused of a crime.

- Right to meet the witnesses face to face

* remember Art III, Sec 14

6. What do you understand by the principle of “presumption of innocence” of an accused

1. Briefly explain what is meant by economic, social and cultural rights

2. Why are these rights considered as “social welfare rights”

3. Why are these rights also called “Affirmative rights”

5. What do you mean by social rights? Cite examples.

6. What do you mean by cultural rights? Cite examples and explain.

9. What is meant by “public interest and social litigation?”

11. What is meant by Right of Development? Cite concrete examples.

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