NSTP 1 Midterm Lesson 1 PDF

National Service Training Program Learning Module No. 1 Midterm # National Service Training Program 1 STUDENT Name: Student Number: Program: Section: Home Address: Email Address: Contact Number: PROFESSOR Name: John T. Almeda Academic: Department of Arts, Science (DAS) Con...

National Service Training Program Learning Module No. 1 Midterm # National Service Training Program 1 STUDENT Name: Student Number: Program: Section: Home Address: Email Address: Contact Number: PROFESSOR Name: John T. Almeda Academic: Department of Arts, Science (DAS) Consultation Schedule: Friday (8:00am – 5:00pm) Email Address: [email protected] Contact Number: National Service Training Program 1 LEARNING MODULE INFORMATION I. Course Code NSTP 1 II. Course Title National Service Training Program 1 III. Module Number 1 IV. Module Title National Service Training Program 1 V. Overview of the Module The National Service Training Program (NSTP) is a mandated program in the curricula of all baccalaureate programs and in at least two (2) years of technical-vocational or associate courses in all state universities and colleges (SUCs), and private higher and technical-vocational education institutions. All incoming male and female students, starting school year (SY) 2002 – 2003 have been required to complete one (1) NSTP component of their choice for graduation in compliance with Section 4 of Republic Act No. 9163, otherwise known as the National Service Training Program Act of 2001 and Section 4, Rule III of the Implementing Rules and Regulations. This law started to be implemented in all colleges and universities in 2002. The NSTP Act of 2001 was conceptualized by the former CHED Secretary Ester A. Garcia, now the president of the University of the East, and it is better known as Republic Act 9163 that has been signed into law by Her Excellency, President Gloria Macapagal-Arroyo in response to the public clamor of reform in the Reserve Officer’s Training Corps (ROTC). The NSTP Law is geared toward enhancing civic consciousness and defense preparedness in the youth by developing in them the ethics of service and patriotism while undergoing training in any of its three (3) program components, especially designed to inspire the youth to actively participate and contribute to the general welfare. National Service Training Program 1 VI. Module Outcomes At the end of this course subject the students are expected to:  Identify the purpose/essence of the course subject.  Be aware and resolve the different city/national issues.  Imbibe the value of patriotism and care for the environment.  Become socially aware of the changes happening within the government and the environment.  Identify the causes and effects of drug abuse. VII. General Instructions You must allot the necessary time to complete the lessons each week. If you choose not to complete the lesson using the schedule provided, you must understand that it is your full responsibility to complete them by the last day of completion. Time is of the essence. The module is designed to assess student understanding of the assigned lessons found within the associated content of the midterm and final period of the course. The assessment part of the module is composed of varied types of questions. You may see true/false, traditional multiple choice, matching, multiple answer, completion, and/or essay. Pay attention to the answer to the assessment questions as you move through each lesson. After each module you will be given a summative test. Your responses to the assessment parts of the module will be checked and recorded. Because the assessment questions are available within the whole completion period and because you can reference the answers to the questions within the content modules, we will not release the answers within modules. However, your professors are happy to discuss the assessments with you during their consultation time, should you have any questions. Good luck. You may not work collaboratively. This is independent work. National Service Training Program 1  1 Lesson 1: Citizenship and Good Governance Lesson Objectives: At the end of this chapter, the students should be able to: 1. Increase participation in fostering good governance processes; 2. Respect, honor, and give due accord to their Filipino heritage, patrimony, values, and traditions; 3. Uphold the Philippine Constitution, obey the laws of the land, and cooperate with the duly constituted authorities in the attainment and preservation of a just and orderly society; 4. Conduct capability enhancement for civic welfare services geared toward strengthening the values and traits of the youth. Getting Started: Good governance is an indeterminate term used in the international development literature to describe how public institutions conduct public affairs and manage public resources. Governance is “the process of decision-making and the process by which decisions are implemented (or not implemented).” The term governance can apply to corporate, international, national, local governance or to interactions between other sectors of society. Discussion: I. 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 Fukuyuma (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 thins well without being instructed with a lot of National Service Training Program 1  2 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 good 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 service in an efficient manner, higher participation given to certain groups in the population (like the poor and the minorities), the guarantee 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,” mention 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. II. Good Governance in Local Government Good Governance is argued to be most important in local governments. It tries to promote more relationship between government and: 1. Empowered citizens 2. Neighborhood councils; and 3. Community councils 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. III. 1987 Constitution – Article III Approved: February 02, 1987 BILL OF RIGHTS Concept of Bill of Rights National Service Training Program 1  3 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 and 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 bt 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. Example: the right to life, the right to liberty, the right to property, and the right to love. 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 awat by any law-making body. 3. Statutory Rights – They are rights that provided by laws promulgated by a law-making body; consequently, they may be abolished by the same body. Examples: the right to receive a minimum wage and the right to adopt a child by an unrelated person. IV. 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: The right of suffrage and the right to information on matters of public concerns. 2. Civil Rights – They are the rights that the law will enforce at the instance of private 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 National Service Training Program 1  4 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. Example: just compensation for private property taken for public use; promotion of social justice; the conservation and utilization of natural resources; the promotion of education, sciiiioiience and technology, and the arts and culture. 4. Right 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. 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 its 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. i 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: National Service Training Program 1  5 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 the 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 Viewed in its substantive aspect, due process of law requires that the law question affecting life, liberty, or property be a valid law, 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 people to be secure in their person, 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. National Service Training Program 1  6 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 of 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. 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 citizens, subject to such limitations as may be provided by law. Section 8. The right of 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 service 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 place, solitary, incommunicado, or any other similar forms of detention are prohibited. National Service Training Program 1  7 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. 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. 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. Neither shall death penalty be imposed, unless for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to Reclusion Perpetua. National Service Training Program 1  8 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 bt 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. References/Attributions: 1. http://portal.edukasyon.ph/schools/city-college-of-calamba 2. http://www.calambacity.gov.ph 3. Calamba City, Laguna Profile – PhilAtlas 4. The Constitution of the Republic of the Philippines | Official Gazette of the Republic of the Philippines 5. FAQs – National Service Training Program Diliman (upd.edu.ph) 6. Character Education (edpsycinteractive.org) 7. (PDF) Understanding Man as a Subject and a Person: A Wojtylan Personalistic Interpretation of Human Being (researchgate.net) 8. What makes a man a human person? - Quora 9. Human Rights | Definition of Value by Merriam-Webster (merriam-webster.com) National Service Training Program 1