Lesson 1 MLE (2025) PDF

What is Ethics? Doing the right thing! Do we all have to agree what is the right thing to do; what is the ethical action? -In ethics, we don’t have to all agree but we use a common set of guidelines or standards to hep us make decisions. Law vs Ethics Law-Defined right...

What is Ethics? Doing the right thing! Do we all have to agree what is the right thing to do; what is the ethical action? -In ethics, we don’t have to all agree but we use a common set of guidelines or standards to hep us make decisions. Law vs Ethics Law-Defined right and wrong -legislated by the government Ethics-guidelines; standards What is Ethics? First, ethics refers to well- founded standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, or specific virtues. Issues in Ethics IIE V1 N1 (Fall 1987). Revised in 2010. What is Ethics? Secondly, ethics refers to the study and development of one's ethical standards. Feelings, laws, and social norms can deviate from what is ethical. So it is necessary to constantly examine one's standards to ensure that they are reasonable and well- founded. Issues in Ethics IIE V1 N1 (Fall 1987). Revised in 2010. What is Ethics? Ethics also means, then, the continuous effort of studying our own moral beliefs and our moral conduct, and striving to ensure that we, and the institutions we help to shape, live up to standards that are reasonable and solidly-based. Issues in Ethics IIE V1 N1 (Fall 1987). Revised in 2010. What is Ethics? On a personal level, ethics pertain to the moral guidelines that can help us through difficult situations, aiding us in making the best decisions. What is Ethics? In work-life, ethics are: a) a set of values based on the ideals of discipline and b) often formulated in formal codes. Individuals with a strong work ethic are known to be productive – they do not procrastinate and are respectful towards others. Basic work ethics within the work-life environment include attitude, character, cooperation, respect, productivity, etc. What is law? According to dictionary.com, a law is: “the principle and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision.” “any written or positive rule or collection of rules prescribed under the authority of the state or nation, as by the people in its constitution.” “the controlling influence of such rules; the condition of society brought about by their observance.” (Atty. Wagas, October 2020) Matter of Law: Photos and Copyright Photo by Maristel P. Silva Matter of Ethics Photo Credits and Bylines -taking credit for the work -taking responsibility for the work Photo by Maristel P. Silva Matter of Ethics: Photo Editing Photo by Maristel P. Silva What is human rights? These are the freedoms guaranteed to you as a human; These are the rights you have simply because you are human (Claire, 2013) It is how you instinctively expect and deserve to be treated as a person These are rights applicable to anyone everywhere What are the human rights? https://www.youtube.com/watch?v=TNvPf-3LAZA UN Declaration of Human Rights Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Article 19 of the International Covenant on Civil and Political Rights. 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals. The main sources of Philippine law are: the Constitution statutes treaties and conventions judicial decisions. Philippine Constitution Supreme law of the Republic of the Philippines All laws must conform to the Philippine Constitution When Congress makes laws, it must not contravene the Constitution Statutes statutes are intended to supply the details which the Constitution, because of its nature, must leave unprovided for. The statutes of the Philippines are numerous and varied in their contents. They are intended to provide rules and regulations which will govern the conduct of people in the face of everchanging conditions. (ex: policies, approved resolutions, wearing of seatbelts and helmets, etc). (Ex: Acts, Commonwealth Acts, Mga Batas Pambansa, Republic Acts) Treaties Having the same force of authority as legislative enactments are the treaties which the Philippines enters into with other states. “A treaty has been defined as a compact made between two or more independent nations with a view to the public welfare.” As a member of the family of nations, the Philippines is a signatory to and has concluded numerous treaties and conventions. (ex: Philippines–United States Visiting Forces Agreement) Judicial Decisions Philippine law is also derived from cases because the Civil Code provides that ‘judicial decisions applying to or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines’. Only decisions of its Supreme Court establish jurisprudence and are binding on all other courts. Philippine Legal System The Philippine legal system is a mixture of customary usage, Roman (civil law/written law) and Anglo-American (common law/case law) systems, and Islamic law. The legal system is the result of the immigration of Muslim Malays in the fourteenth century and the subsequent colonization of the islands by Spain and the United States. The civil law operates in areas such as family relations, property, succession, contract and criminal law while statutes and principles of common law origin are evident in such areas as constitutional law, procedure, corporations law, taxation, insurance, labor relations, banking and currency. Philippine Legal System Pre-Spanish Period There were independent communities called barangays under various native rules which were largely customary and unwritten. Like many ancient societies, trial by ordeal was practiced in the barangay. -trial by ordeal according to Merriam-Webster.com is: “a formerly used criminal trial in which the guilt or innocence of the accused was determined by subjection to dangerous or painful tests (as submersion in water) believed to be under divine control” Ifugaos’ trial by ordeal sample The Spanish Regime Spanish laws and codes were extended to the Philippines either expressly by royal decrees or by implication through the issuance of special laws for the islands.  Spanish era: the liberty and the dignity of the individual under three centuries of Spanish domination was provoked rather than inspired Pariente system: family relationship was the most important tie and the most important social obligation; the position of the individual became subservient to the wishes and needs of the group; minimize rather than emphasize the rights of the individual Is the pariente system still reflected in our culture? How? How about in the mass media? The Philippine Republic of 1898 When the Independence of the Philippines was proclaimed on June 12, 1898 by General Emilio Aguinaldo, a Revolutionary Congress was convened and the Malolos Constitution was approved. This Constitution proclaimed popular sovereignty and enumerated the fundamental civil and political rights of the individual. The American Era and the Commonwealth The end of the Spanish-American War, which was followed by the signing of the Treaty of Paris on 10 December 1898, paved the way for the cession of the Philippines to the United States. Upon the establishment of American sovereignty, the political laws of the Philippines were totally abrogated and Spanish laws, customs and rights of property inconsistent with the US Constitution and with American principles and institutions were superseded. Pursuant to the Tydings MacDuffie Law, a Commonwealth government was to be established for a transitional period of ten years before independence could be granted. Likewise, it granted to the Filipinos a right to formulate their own Constitution  In due course, a constitution was approved on 8 February 1935 which was signed by US President Franklin D Roosevelt on 23 March 1935 and ratified at a plebiscite held on 14 May 1935, voters went to the polls to elect the first set of executive and legislative officials led by President Manuel L. Quezon and Vice-President Sergio Osmeña. The Japanese Occupation On 08 December 1941, the Philippines was invaded by Japanese forces and was occupied until 1944. during the three-year military rule, a 1943 Constitution was drafted and ratified by a special national convention of the Kapisanan sa Paglilingkod ng Bagong Pilipinas (KALIBAPI),which led to the establishment of the short-lived Japanese-sponsored republic headed by President Jose P Laurel. The Philippine Republic, 1946-1972 The inauguration of the Philippine Republic on 04 July 1946 marked the culmination of the Filipinos’ 300 years of struggle for freedom. The 1935 Constitution served as the fundamental law with the executive power being vested in the President, the legislative power in the bicameral Congress of the Philippines and the judicial power in the Supreme Court and inferior courts established by law. 1973 Constitution: Martial Law This allowed former Pres. Marcos to rule by decree until 1978 when the presidential system of the 1935 Constitution was replaced with a parliamentary one. Under this new system, Marcos held on to power and continued to govern by decree, suppressing democratic institutions and restricting civil freedoms. In 1981, martial law was officially lifted, but Marcos continued to rule by the expedient of being “re-elected” in a farce of an election to a new 6-year term.  The 1973 Constitution established a parliamentary form of government and introduced the merger of executive and legislative powers. The Chief Executive, the Prime Minister, was elected by a majority of all the members of the National Assembly from amongst themselves and could be dismissed by electing a successor Prime Minister. On the other hand, the Prime Minister had the power to advise the President to dissolve the National Assembly and call for a general election. The President was reduced to being a symbolic head of state. 1987 Constitution It was largely modelled on the American Constitution which had so greatly influenced the 1935 Constitution, but it also incorporated Roman, Spanish, and Anglo law. established a representative democracy with power divided among three separate and independent branches of government: the Executive, a bicameral Legislature, and the Judiciary. There were three independent constitutional commissions as well: the Commission on Audit, the Civil Service Commission, and the Commission on Elections. Integrated into the Constitution was a full Bill of Rights, which guaranteed fundamental civil and and political rights, and it provided for free, fair, and periodic elections. The Structure of the Government The government of the Philippines is republican in form and under a presidential system as distinguished from the parliamentary system under the 1973 Constitution. It is a unitary, centralized government with the principle of separation of powers as a basic feature. This means that there is a division of the functions of government into three distinct classes: the executive, the legislative, and the judicial departments; and in the exercise of the functions allotted to each department under the Constitution, each department is supreme, coordinate and coequal with the others. The Executive The 1987 Constitution vests the executive power in a President who has control of all the executive departments, bureaus and offices; exercises general supervision over local governments; and ensures that the laws are faithfully executed. The President is vested with the executive power (Art. VII, sec. 1, 1987 Constitution). The President is both the Chief of State (head of government) and the Commander-in-Chief of all the Armed Forces of the Philippines (Art. VII, sec. 18).  The Executive Branch also includes the Vice-President and the Secretaries of Heads of the Executive Departments and other Cabinet officials Cabinet members are nominated by the President, subject to the confirmation of the Commission on Appointments (Art. VII, sec, 16), which consists of the President of the Senate, as ex officio Chairman, twelve Senators and twelve members of the House of Representatives (Art. VI, sec. 1). Legislative Department Legislative power is vested in the Congress of the Philippines, consisting of the Senate and the House of Representatives (Art. VI, sec. 1). The Senate of the Philippines is composed of twenty four (24) Senators who are elected at large by qualified voters who serve for a term of not more than six (6)years. No Senator may be elected for more than two consecutive terms. (Art VI, sec. 4). The Senate is led by the Senate President, Pro Tempore, Majority Leader and the Minority Leader  The House of Representatives is composed of 316 seats(19th Congress) district representatives, elected by legislative districts for a term of three years and party list representatives. No representative shall serve for more than three consecutive terms. The officials of the House of Representatives are the Speaker of the House, Deputy Speaker for Luzon, Deputy Speaker for Visayas, Deputy Speaker forMindanao, Majority Leader, and Minority Leader Judicial Branch Judicial power rests with the Supreme Court and the lower courts, as may be established by law (Art. VIII, sec. 1) The judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by the legislature below the appropriated amount the previous year, after approval, and shall be automatically and regularly released. (Art. VIII, sec. 3). The Rules of Court of the Philippines as amended, and the rules and regulations issued by the Supreme Court define the rules and procedures of the Judiciary. These rules and regulations are in the form of Administrative Matters, Administrative Orders, Circulars, Memorandum Circulars, Memorandum Orders and OCA Circulars. Legal opinion of DOJ on ABS-CBN Franchise First, the contentious issues to be resolved involve the substantial rights of a private person - in this case, ABS-CBN - over whom this Department's opinion does not have any binding authority. On many occasions, this Department has declined to render an opinion on issues which involve the rights of private persons for the reason that these issues often become the actual subject of litigation. x x x. Second, the questions presented to us are better addressed to Congress itself in the exercise of a power constitutionally reserved to it (i.e., the power to grant, extend, or otherwise amend franchises for the operation of public utilities). Even the Supreme Court has desisted from exercising its expanded power of judicial review over an issue that Congress has exclusive power to resolve. The same is likewise expected of us in the executive branch of government. Lastly, the main issue involved in this request for opinion is premised on the assumption that Congress would not be able to act on the bills filed to renew the [f]ranchise before it expires. However, there are still several weeks before the expiration of the [f]ranchise, and Congress may still be able to timely act on the renewal of the [f]ranchise, thus making our opinion unnecessary. Questions How does this letter (response from DOJ) show or explain the separation of power among the 3 branches of government in the Philippines?