Philippine Constitution The 1897 Constitution of Biak-na-Bato

The Constitution Division of the Government:

• body of doctrines and practices that form 1. The Supreme Council - headed by the
the fundamental organizing principle President and the four different secretaries
of a political state which was the interior, foreign affairs,
treasury, and war
• the foundation of the system of
government 2. Supreme Council of Grace and Justice -
create decisions, validate and refute the
• the highest law of the land sentences given by the other courts and to
command rules for the administration of
• Any law-making body cannot make laws if justice
these do not correspond with the
constitution. 3. Assembly of the Representatives -
assembled after the revolution to create a
• It creates the branches, powers, and new constitution and choose a new Council
responsibilities of the government. of Government and Representatives of the
people.
• It defines the executive, legislative and
judiciary branches. Today, the secretary of war is the same as
the National of Defense and Armed Forces;
• It tells what powers each of this branch
can do or cannot do - limitations. the secretary of interior is same as DILG;
and
The Importance of a Constitution
the supreme council of grace and justice is
1. Maintain law and order similar to today’s supreme court.

2. Impose rules and regulations not so clear - All because the

Spanish regime had ended.
3. Protect individual rights and freedom
The 1899 Malolos Constitution
4. Limits the power of the government
A Well-crafted Constitution is: Made after the independence of the
Philippines
1. Broad: comprehensive, must cover all
areas, • Installed the First Republic
otherwise there will be many loopholes
• was the first republican constitution in Asia
2. Brief: less open to subjective
interpretation, • Not widely used, not spread, short-lived,
short not wordy not so clear - All because the Spanish
regime had ended.
3. Definite: must be final/sure
The 1899 Malolos Constitution
Evolution of the Philippine Constitution
Main Declarations
The 1897 Constitution of Biak-na-Bato
1. Sovereignty resides exclusively in the
• Known as Constitución Provisional de la people
República de Filipinas
2. Stated basic civil rights
• Drafted by Isabelo Artacho and Félix
Ferrer and was based on the first Cuban 3. Separated the church and the state
Constitution
4. Called for the creation of an assembly of
representatives to act as the legislative
body • Provided for a unicameral legislature
composed of a president and vice president
5. Called for a parliamentary republic as the elected for a six-year term without
form of government re-election; later changed to 4 years with 2
terms
6. President was elected for a term of four
years by a majority of the Assembly • Amended in 1940 to provide for a
bicameral legislature composed of a Senate
Malolos and Biak na Bato Constitutions and a House of Representatives
have similar provisions because they got a
lot of inspiration from the Cuban • The creation of an independent electoral
Constitution. commission

Malolos was also short-lived because the • A controversial Constitutional Convention

Americans came. The Americans did not was held in 1971 to rewrite the 1935
welcome/honor any specific constitution Constitution
because they thought that the Filipinos
were not ready yet. • Removed the presidential term limit so that
Ferdinand E. Marcos could seek re-election
Acts of the United States Congress for a third term

The Philippine Organic Act of 1902 - Cooper • At this time, the US has lesser hold of the
Act: The first organic law for the Philippine Philippines.
Islands enacted by the United States
Congress • Similar system we have today.

• Provided for the creation of a popularly 1943 Japanese-Sponsored Constitution

elected Philippine Assembly
Recognized as legitimate and binding only
• Legislative power would be vested in a in Japanese controlled areas
bicameral legislature composed of the of the Philippines
Philippine Commission (upper house) and
the Philippine Assembly (lower house) • Ignored by the United States government
and the Philippine Commonwealth
The Philippine Autonomy Act of 1916 - government in-exile
Jones Law
• The constitution conformed with the
Modified the structure of the Philippine principles of the Greater East Asia
government legislature Co-Prosperity Sphere (Japan's attempt to
form an economic and military bloc
• Removed Philippine Commission as the consisting of nations within East and
legislative upper house and replacing it with Southeast Asia against Western
a Senate elected by Filipino voters colonization and manipulation)

• Stated that it was and always had been 1973 Marcos Constitution
the purpose of the people of the United
States to renounce their sovereignty over Ferdinand Marcos declared Martial Law on
the Philippine Islands 21 September 1972

1935 Commonwealth Constitution • Congress enacted RA No. 6132, otherwise

known as the Constitutional Convention Act,
Written, approved and adopted in 1934 by for the purpose of convening a
the Commonwealth of the Philippines Constitutional Convention
(1935-1946)
• In the 1980 amendment, the retirement
• Ratified to prepare the country for its age of the members of the judiciary was
independence extended to 70 years
• Promulgated after Marcos' declaration of
martial law • Formulated the 3 branches of government:
Executive, Legislative and Judiciary
• Provided for the shift from presidential to
parliamentary system of government

• Legislative power was vested in a

unicameral National Assembly whose
members were elected for six-year terms

• The president was the head of state

• Executive power was meant to be

exercised by the Prime Minister

1973 Marcos Constitution

Amendments

1976 - That the President would become

Prime Minister and continue to exercise
legislative powers until such time as martial
law was lifted

1981 - That executive power was restored

to the President; that direct election of the
President was restored

1984 - Restored the position of

Vice-President (which did not exist in the
original, unamended 1973 Constitution)

1986 Freedom Constitution

• Followed the People Power Revolution

which ousted Ferdinand Marcos as
president

• Granted the President broad powers to

reorganize government and remove officials

• Establishes the Philippines as a

"democratic and republican state"
where "sovereignty resides in the people
and all government authority
emanates from them."

1987 Constitution

• Also known as “Anti-Marcos” Constitution

• Upholds national sovereignty

• Gives Philippines a Democratic

Governance and the prevention of
another dictatorship

• Secures respect for human rights and civil

liberties
Ethics The Spread of Technology and Innovation
- Many countries around the world
Moral challenges of Globalization remain constantly connected, so
knowledge and technological
Globalization -describe the growing advances travel quickly
interdependence of the world's economies, Lower Costs for Products
cultures, and
- allows companies to find lower - cost
populations, brought about by cross- ways to produce their products.
border trade in goods and services, - increases global competition, which
drives prices down and creates a
technology, and flows of investment, larger variety of choices for
people, and information. consumers.
- Lowered costs help people in both
» promotes and increases interactions developing and already - developed
between different regions and countries live better on less money
populations around the globe.
Negative Effects of GLOBALIZATION
4 types of changes globalization

1. A stretching of social, political Sweatshops- a shop or factory in which

and economic activities across employees work for long hours at low
frontiers, regions and continents. wages and under unhealthy conditions.
2. intensification of
interconnectedness and flows of PIECE - RATE - the mode of payment
trade, investment, finance, whereby an employee is paid on the basis
migration, culture, etc. of his production, i.e. on the amount or
3. a speeding up of global quantity of work done rather than time
interactions and processes, the employed
diffusion of ideas, goods,
information, capital and people. - abuses child labor, sometimes
4. deepening impact such that the children as young as five or six.
effects of distant events can be - mandatory overtime
highly significant elsewhere & - sometimes 24 - hour shifts
specific local developments can dangerous, unhealthy workplaces
come to have considerable global no protective equipment verbal
consequences. intimidation harassment

Globalization - deepening impact such that - forced pregnancy tests and firing of
the effects of distant events can be highly pregnant women.
significant elsewhere & specific local - physical and sexual abuse by
developments can come to have supervisors, managers, and armed
considerable global consequences. guards
- no breaks during the work day, even
Benefits of Globalization to go to the bathroom lock - ins to
prevent workers from stealing or
Access to new cultures leaving the factory
- makes it easier than ever to access - violent ends for those who try to
foreign culture, including food, organize unions
movies, music, and art. Nike-
- This free flow of people, goods, art, Nike is facing issues regarding physical and
and information is the reason you verbal abuse towards workers in Indonesian
can have Thai food delivered to your factories, similar to the ones in sweatshops
apartment as you listen to your in 2005. Workers claimed that supervisors
favorite UK - based artist or stream a would “throw shoes at them” and “ slap
Bollywood movie. them in the face.” These issues are similar
to the ones back in 2005, as workers are
also underpaid , making around “50 cents
an hour.” (2013)
Job Displacement
Globalization may also lead to..
A shift in skills and education required for
higher - paying jobs. Corruption any unlawful or improper
behavior that seeks to gain an advantage
Technology replacing humans. Job through illegitimate means
Displacement
Bribery means giving or receiving an
There are more jobs and industry growth, unearned reward to influence someone's
rising wealth, etc. BUT there are major behavior. One common form of bribery is a
issues of human rights and " kickback " - an unearned reward following
environmental protection at stake favorable treatment.

ENVIRONMENTAL ISSUE Making ETHICAL DECISIONS

AGRICULTURE - use of rural lands and ETHICAL DECISIONS

development of sustainable farming; - a complex situation where ethical principles
pesticide/herbicide use; - bioengineering or values are in conflict.
and genetically modified organisms.
Examples: To whom do I have a duty - self,
ATMOSPHERE - climate change/global family, friends, workers, investors,
warming, - acid rain, smog, ozone consumers, future generation, and so on?
depletion. What is a fair or justice resolution? ethical
dilemma
BIODIVERSITY - “ types of biodiversity
and the plight of endangered When faced with a difficult ethical dilemma,
we need ethical decision making ability for
ENERGY - the use of fossil fuels (oil, resolve it.
coal) - the need to develop alternative
energy sources . It helps one determine the right course of
action or the right thing to do and also
FORESTS - deforestation and regrowth. enables one to analyze whether another's
FRESH WATERS - changing patterns, decisions or actions are right or good
desalination, declining supplies of
freshwater . What is ethical decision - making ?

ENERGY - the use of fossil fuels (oil, - In the context of decision - making ,
coal) - the need to develop alternative your ethics are your personal
energy sources . standards of right and wrong.
- They are your basis for making
MARINE WATERS - threats to the life of ethically sensitive decisions
the aquatic organisms in seas ETHICAL DECISION - MAKING - a
cognitive process that considers various
ECOLOGY - disturbance to the ethical principles, rules, and virtues or the
relationships between living organisms, maintenance of relationships to guide or
and their physical environment. judge individual or group decisions or
intended actions
HABITAT LOSS - threats to species
survival, causes, and solutions. FACTORS THAT AFFECT ETHICAL
DECISION - MAKING
INDUSTRY - the environmental impacts Ethical Issue Intensity
of industrial globalization .
can be defined as the relevance or
ECOLOGY - disturbance to the importance of an ethical issue in the eyes of
relationships between living organisms, the individual, group, and/or organization.
and their physical environment.
reflects the ethical sensitivity of the
POPULATION - growth , pressure, individual or group that faces the ethical
geographic patterns . decision - making process
Individual Factors Once the information has been collected,
the decision - maker must apply some type
Gender - women are generally “more of standard or assessment criterion to
ethical” than men. evaluate the situation.
Education or work experience - the more
education or work experience that one has, The decision - maker might use one of the
the better he or she is at ethical decision predominant ethics theories - utilitarianism,
making rights, or justice.
Nationality - cultural appears to be
significant in affect of ethical decision - Consider Alternatives- The decision -
making maker needs to generate a set of possible
action alternatives, such as
Individual Factors
- confronting another person's actions
Age - the older you are, the more ethical - seeking a higher authority
you are. - stepping in and changing the
Locus of control - external control vs. direction of what is happening
Internal control • Make a Decision
external control - see themselves as going
with the flow because that's all they can do. The decision - maker should seek the
• internal control - believe that they control action an alternative that is supported by the
the events in their lives by their own effort evaluation criteria used in Step 3.
and skill
A decision - maker selects a course of
Opportunity action that is supported by all the ethics
theories or other evaluation criteria used in
- describes the conditions that limits the decision - making process
or permits ethical or unethical
behavior. - Act or Implement
- results from conditions that either
provide rewards, whether internal or The decision - maker, if truly seeking to
external or fail to erect barriers resolve the problem being considered must
against unethical behavior take action .
Identify the Ethical Problem
Once the action alternatives have been
The decision - maker must be able to identified in Step 4 and the optimal
determine - response is selected in Step 5, the action is
taken in Step 6
if there is a possible violation of an
important ethical principle, societal law, or Review the Action
organizational standard or policy
• if there are potential consequences that Once the action has been taken and the
should be sought or avoided that emanate results are known, the decision - maker
from an action being considered to resolve should review the consequences of the
the problem action.

Collect Relevant Information If the optimal resolution to the problem is

not achieved, the decision maker may need
The decision - maker should seek to gather to modify the actions being taken or return
as much information as possible about to the beginning of the decision - making
which rights are being forsaken and to what process
degree.
A consequential focus would prompt the
decision - maker to attempt to measure the
type, degree, and amount of harm being
inflicted or that will be inflicted on others.

Evaluate the Information

Justice & Fairness TWO PRINCIPLES OF SOCIAL JUSTICE
1 ST PRINCIPLE: LIBERTY PRINCIPLE
JOHN RAWLS - an American moral and
political philosopher in the liberal tradition . - concerned with political institutions
- author: A Theory of Justice - Everyone has the same basic
liberties which can never be taken
- His theory of "justice as fairness" away.
recommends equal basic rights, - Rawls included most of the liberties
equality of opportunity and in the U.S. Bill of Rights, such as
promoting the interests of the least freedom of speech and due process
advantaged members of society of law
Justice 2 nd PRINCIPLE: EQUALITY PRINCIPLE
- giving each person what he or she
deserves. - Rawls realized that a society could
- in more traditional terms, giving each not avoid inequalities
person his or her due. - Inequalities result from such things
- by definition, w hen something is as one’s inherited qualities, social
just, it is fair. class, personal motivation, and even
- Focuses mostly on the standards luck
and rules of Law in our current
Justice Systems .
FAIRNESS

The freedom from prejudice and quality of

treating people equally.

It is usually dictated by our moral systems

MILLENNIALS FILINNIALS

We never rob, we just sort of borrow abit

from those who can afford it
3 REASONS that Causes Difference in
Robin Hood steals money from the rich to Attitudes between Generations
give t0 the poor.
it just? Is it fair?
It is acceptable based on the POV of the
poor, but unjust for the rich

DISTRIBUTIVE JUSTICE- refers to a fair

distribution of goods in a society BABY BOOMER - 1946 - 1964
- the first generation to actively
CORRECTIVE JUSTICE- for punishment of declare a higher priority for work
criminal cases. over personal life .
- they generally distrust authority and
COMPENSATORY JUSTICE - refers to large systems.
when people are properly compensated for - their values were shaped primarily
their injuries. by a rise in civil rights activism, and
inflation.
- they are more optimistic and open to
change than the prior generation,
 but they are also responsible for the ISSUE #1: Same - sex Marriage
“ me generation ,” with its pursuit of
personal gratification, which often Baby boomers take an opposing view on
shows up as a sense of entitlement this issue. They don’t support this because,
in today’s work force for them, marriage is between a man and a
Millennial / Gen Y - 1981 - 1996 woman. Supporting it will destroy the
sanctity of marriage and a break of tradition.
- the first global - centric generation,
having come of age during the rapid ◊ On the other hand, Millennials take an
growth of the internet and an agreeable approach on this issue. They
increase in global terrorism. support it as to that everyone, regardless of
- among the most resilient in gender, must have the right of marriage. ◊
navigating change while deepening
their appreciation for diversity and On the Filinnials, tradition and upbringing
inclusion. may cause a different stance on this issue
- the most educated generation of
workers today. ISSUE #2: Pre - marital Sex
- A major influence from Boomer
parents is their willingness to work Baby boomers and Millennials have
hard & set goals to achieve the engaged in pre - marital sex, but it’s the
lifestyle they want. Millennials who are more accepting of it
- share many of the common values than Baby boomers.
of patriotism and family from the → A ccording to a 2015 survey on Sexual
Silent era. At times, they can appear Behaviors in America. In 1970s, 29% said
more demanding than previous “nothing is wrong with it at all.” It increased
generations to 42% by 1980s, 49% by 2000s, and 58%
FILINNIALS (Filipino Millennials between 2010 and 2012.

- described as the “selfie” generation ◊ On the Philippine setting, again, tradition,

and followers of social media. upbringing and religious views may differ
- The social media opened their eyes the stance of Filinnials.
that traditional media such as TV,
movies, radio and print are no longer → However, POPCOM said that 30% of
the source of information. youngsters ranging from 15 - 19 yrs. old,
- They are usually spendthrifts. have engaged in premarital sex by 2017.
- good attitudes which millennials Mostly of this is unprotected, thus, leading
possess among them are their to higher teenage pregnancies in the
politically and social astuteness. country
- millennials have their say about
issues and are more involved with Ways of Coping Ethical Challenges
politics and are not squeamish about
revealing their opinions According to an article from MSU Online,
The Differences of Filinnials from there are ways on how to act and react
Millennials when faced by an unethical conduct or
ethical dilemma without losing your own
According to the survey of a global study ethics
called, The Truth about the Youth, Filipino
Millennials differ from other countries’ 1. Repeat back and clarify.
Millennials when it comes to: 2. Ask questions.
- Closeness to family; 3. Focus on someone’s best interests.
- Activeness on social media; and 4. Suggest an alternative.
- Perception on social responsibilities 5. Escalate .
. 6. Blow the whistle.
These differences steam from the fact that 7. Leave , if necessary
the unique history and economic, political,
and social conditions in the Philippines DO’s and DON’T’s When Speaking Up
shaped the Filinnials.