CESC FINALS

• Community


  Refers to either in terms of geographic boundary, shared common interest, or emotional and spiritual connection
• Types of community


  • Gemeinschaft (communal society)
  • Gesellschaft (associational society)
• Gemeinschaft (communal society)


  • Intimate, informal, caring, homogenous, and group welfare oriented
• Gesellschaft (associational society)


  • Impersonal, formal, rational, heterogenous, and individualistically oriented
• Classification of communities

  • Urban communities
  • Rural communities
  • Suburban communities
• Local community


  Geographically bounded community such as village, barangay, city, town, municipality, province, region, and country
• Global community


  Interconnectivity of people or countries all over the world
• Types of community sectors


  • Public sector
  • Private sector
  • Voluntary sector
• Public sector


  Government and its agencies, responsible for promoting common good, providing security, and maintaining peace and order
• Private sector


  Businesses or enterprises, promotes economic growth and generates order, responsible for producing goods and services
• Voluntary sector


  Non-profit organizations, civil society organizations, faith-based organizations
• Social space


  Various forms of spaces used by the community in conducting social interaction, either geographical or virtual
• The Bill of Rights is the declaration and enumeration of the individual rights and privileges and it is designed to protect violations against individuals and a limitation upon the power of the state
• Classifications of human rights


  • Natural rights
  • Constitutional rights
  • Statutory rights
• Article III, the Bill of Rights, embodies the Constitution of Liberty. It lists down certain inviolable rights enjoyed by every citizen.
• Due process of law


  No person shall be deprived of life, liberty, or property without due process of law
• Equal protection of the law


  No person shall be denied the equal protection of the laws
• Unreasonable searches and seizures


  • 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
• Allowable warrantless searches


  • A person who is validly arrested may be searched in his person
  • An officer who legally enters a premise and sees an illegal object may seize it
  • A moving vehicle with reasonable suspicion, may be stopped and searched for criminal activity
  • One who consents to be searched may be searched without a warrant
  • Searches may be made without a warrant at customs or airports prior to boarding
• Warrantless arrests


  • When the person to be arrested has committed, is actually committing, or is attempting to commit an offense
  • When an offense has in fact been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it
  • When the person is an escapee from a penal establishment
• Privacy of communication and correspondence


  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 the right to privacy of communication and correspondence shall be inadmissible for any purpose in any proceeding
• Freedom of expression


  Essential for the search of truth, essential for democracy to work, and essential for the citizens to promote self-realization and self-determination
• Prior restraint


  The actual and official governmental restrictions of the press and other forms of expression in advance actual prohibition or dissemination
• Non-establishment clause


  No law shall be made respecting an establishment of religion
• Free exercise clause


  The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed
• Liberty of abode and right to travel


  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.
• Domicile and residence


  Residence is where you are living at the moment, be it temporary or for a long period of time. Domicile is where you intent to come back even if you are gone for a long period for a long period of time.
• Non-Establishment Clause


  No religious test shall be required for the exercise of civil or political rights
• Free Exercise Clause


  No religious test shall be required for the exercise of civil or political rights
• Liberty of Abode


  The right of a person to have his home in whatever place choses by him and thereafter to change it at will, and to go where he pleases, without interference of any source
• Right to Travel


  The right of a person to have his home in whatever place choses by him and thereafter to change it at will, and to go where he pleases, without interference of any source
• Residence


  Where you are living at the moment, be it temporary or for a long period of time
• Domicile


  Where you intent to come back even if you are gone for a long period for a long period of time
• Writ of Habeas Corpus


  A person whose liberty of abode is violated may petition for a writ against another holding him in detention
• Right to Information on matters of Public Concern


  • Access to official records for exercise of right
  • Arguments in support of right
• Scope of the Right to Information

  • The right embraces all public records
  • It is limited to citizens only but is without prejudice to the right of aliens
• Limitations of the Right to Information

  • Public records exempted
• Right to Form Unions


  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
• Inherent powers of the state

  • Police power
  • Taxation (progressive)
  • Eminent domain