UB INDEPENDENT LEARNING MATERIALS

College / Department GENERAL EDUCATION

Module 2 Citizenship and Good Governance

Course topic Lesson 1: Citizenship and Good Governance

Time allotment: 3 Hours MW

Course objectives: Expected outputs:

At the end of the lesson, the students shall be
able to: Uncover: Describing government

Explore the nature of good governance Brainstorming: Lecture: Good governance

Analyze the meaning, importance and relevance Instill: Lecture: Bill of Rights
of the Bill of Rights through an interview
Apply: Interview

Nutshell: Quiz

A community is consists of people working together towards achieving same goals. There are
leaders who guide the people and every member is born with rights and rules that they live with. The
leaders’ concern is about serving the citizens, this is governance. It involves the rules, processes, and
behaviors whereby interests are articulated, resources are managed, and power is exercised in society.
Despite its open and broad character, governance relates to the very basic aspects of the functioning of
society and its political and social systems. It is described as a basic measure of a society’s stability and
performance. As this society develops a more sophisticated political system, governance evolves into
the notion of good governance. In this lesson, we will discuss about good governance and human rights
which will help us gain more knowledge and better understanding of our role as a member of the
society.

THIS INDEPENDENT LEARNING MATERIAL IS NOT FOR SALE.

 Activity 1

Tell me this!
Complete the graph by describing the government.

1.

5. 2.

Government

4. 3.

THIS INDEPENDENT LEARNING MATERIAL IS NOT FOR SALE.

Good Governance
Good governance is a norm for the government and a citizen’s
right. Within the concept of good governance, more specific conditions
have been formulated. These norms are sometimes linked to the norms
of rule of law and democracy, but mostly they have their own contents.
Aspects or principles of good governance are

These elements have developed into universal elements of good governance, although other
norms or differing terminology might be found in practice as well, but these are accepted across cultures
or are applicable across the board.
Good governance is not only about the proper use of the government’s powers in a transparent
and participative way, it also requires a good and faithful exercise of power. In essence, it concerns the
fulfilment of the three elementary tasks of government: 

to guarantee the security of persons and society

to manage an effective and accountable framework for the public sector

THIS INDEPENDENT LEARNING MATERIAL IS NOT FOR SALE.

 to promote the economic and social aims of the country in accordance with the wishes of the population

Good Governance in National 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's autonomy.

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

THIS INDEPENDENT LEARNING MATERIAL IS NOT FOR SALE.

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.

Good Governance and Human Rights

Good governance and human rights are mutually reinforcing. Human rights principles provide a
set of values to guide the work of Governments and other political and social actors. They also provide a
set of performance standards against which these actors can be held accountable. Moreover, human
rights principles inform the content of good governance efforts: they may inform the development of
legislative frameworks, policies, programmes, budgetary allocations and other measures. However,
without good governance, human rights cannot be respected and protected in a sustainable manner.
The implementation of human rights relies on a conducive and enabling environment. This includes
appropriate legal frameworks and institutions as well as political, managerial and administrative
processes responsible for responding to the rights and needs of the population.
When led by human rights values, good governance reforms of democratic institutions create
avenues for the public to participate in policymaking either through formal institutions or informal
consultations. They also establish mechanisms for the inclusion of multiple social groups in decision-
making processes, especially locally. Finally, they may encourage civil society and local communities to
formulate and express their positions on issues of importance to them.

1987 Constitution – Article III

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 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
THIS INDEPENDENT LEARNING MATERIAL IS NOT FOR SALE.
 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.
Example: 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.
Examples:
2. Civil the right
rights - They are of
thesuffrage and the
rights that the law
rightwill
to information on instance
enforce at the matters of
of public
privateconcern
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 well-being
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

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
THIS INDEPENDENT LEARNING MATERIAL IS NOT FOR SALE.
 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
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 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 matter before it;
b. Jurisdiction lawfully acquired over the person of the defendant or property, which is the subject
matter of the proceedings;
C. Opportunity to be heard given the defendant; and
d. Judgment to be rendered after lawful hearing.
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.
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.

THIS INDEPENDENT LEARNING MATERIAL IS NOT FOR SALE.

Viewed in its substantive aspect, due process of law requires that the law in question affecting life,
liberty, or property be a valid la, i.e., within the power of the law-making body to enact and is
reasonable in its operation.
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.

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.

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 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.

THIS INDEPENDENT LEARNING MATERIAL IS NOT FOR SALE.

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 imitations 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.
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 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.

THIS INDEPENDENT LEARNING MATERIAL IS NOT FOR SALE.

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.

THIS INDEPENDENT LEARNING MATERIAL IS NOT FOR SALE.

Neither shall death penalty be imposed, unless, for compelling reason 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.

You may watch this video for more information about the Bill of Rights.
https://www.youtube.com/watch?v=m8cdcQ0QU_k

Activity 3

THIS INDEPENDENT LEARNING MATERIAL IS NOT FOR SALE.

Interview Time!
Instructions:
1. Choose a partner and conduct an interview to four (4) people.
Ask the following questions:
a. Are you aware of your rights as a person and as a Filipino? Give one.
b. How different might our lives be without these rights?
c. Based on your observation, is there a just implementation of human rights in the
Philippines?
d. If you were to amend the Bill of Rights what would it be? Justify your answer.

2. Interviewee can be people in your house or your online friends and acquaintances.
3. Attach the transcript of your interview.
4. With your partner, write a synthesis to summarize your output. State your realizations about Bill
of Rights as your conclusion.
5. Use MS Word for your output.
6. Submit your output in the LMS.

Prepare for a quiz in LMS

THIS INDEPENDENT LEARNING MATERIAL IS NOT FOR SALE.

References
Espiritu, R. et al. (2018), National Service Training Program with Common and Specific Modules,
Malabon City, Mutya Publishing House, INC.
https://www.gdrc.org/u-gov/governance-understand.html
https://www.youtube.com/watch?v=m8cdcQ0QU_k
https://rb.gy/kvngwa

THIS INDEPENDENT LEARNING MATERIAL IS NOT FOR SALE.