NSTP Act of 2001 PDF
Document Details
Tags
Summary
This document discusses the historical and legal bases of the National Service Training Program (NSTP) in the Philippines. It details the key components of the NSTP, including the Reserve Officers Training Corps (ROTC), Literacy Training Service, and Civic Welfare Training Service. The document also describes the three leading agencies responsible for the implementation of the NSTP Rules and Regulations, which are the Commission on Higher Education (CHED), the Department of National Defense (DND), and the Technical Education and Skills Development Authority (TESDA). Finally discussions of the principles of human rights are included.
Full Transcript
HISTORICAL AND LEGAL BASES OF NSTP The Evolution of NSTP The National Service Training Program (NSTP) (1935) Commonwealth Act. 1 : National Defense Act of 2001 mandates all citizens, both male and Act is a legislative act providing basis for the female...
HISTORICAL AND LEGAL BASES OF NSTP The Evolution of NSTP The National Service Training Program (NSTP) (1935) Commonwealth Act. 1 : National Defense Act of 2001 mandates all citizens, both male and Act is a legislative act providing basis for the female, to fulfill this civic duty. national defense of the country. Manuel L. Quezon The National Service Training Program (NSTP) Law (RA 9163) also known as “An Act Establishing (1980) Presidential Decree No. 1706 : National the National Service Training Program (NSTP) for Service Law mandated the compulsory National tertiary level students, amending for the purpose Service for Filipino Citizens. It amended certain Republic Act No. 7077 and Presidential Decree sections of Commonwealth Act No. 1. It was No. 1706, and for other purposes.” was enacted composed of three main program components last January 23, 2002, to amend the Expanded namely Civic Welfare Service, Law Enforcement ROTC. It was signed by Gloria Macapagal Arroyo. Service and Military Service. This program aimed to enhance civic consciousness (1986) Republic Act No. 7077 : The Citizen Armed and defense preparedness in the youth by Forces of The Philippine Reservist Law (1991) developing the ethics of service and patriotism while The implementation of the National Service Law, undergoing training. except the provision of the Military Science was suspended by Presidential Memorandum Order Components of NSTP (Rule II, Section 3) No. 1 under the incumbency of former President 1. The Reserve Officers Training Corps (ROTC) Corazon Aquino, paving the way for the provide military to tertiary level students for conceptualization of the basic ROTC, embodied national defense preparedness. under R.A 7077, effective school year 1986-1987. 2. Literacy Training Service (LTS) train students to become teachers of literacy & numeracy skills THE PHILIPPINE CONSTITUTION 3. Civic Welfare Training Service (CWTS) are Constitution refers to “that body of rules and activities contributory to the general welfare and maxims in accordance with which the powers of the betterment of life for the members of sovereignty are habitually exercised". The community Constitution of the Philippines or Saligang Batas ng Pilipinas is the constitution or supreme law of the Republic of the Philippines. Its final draft was Each of the NSTP Components shall be undertaken completed by the Constitutional Commission on for an academic period of two semesters. It shall be October 12, 1986, and was ratified by a credited for 3 units per semester, for 54 to 90 training nationwide plebiscite on February 2, 1987. hours per semester. In her tenure as a president installed via the People Three leading agencies for the implementation of Power Revolution, President Corazon Aquino was NSTP Rules and Regulations: granted three options: restore the 1935 Constitution, retain and make reforms to the 1. Commission on Higher Education (CHED) 1973 Constitution, or pass a new constitution. 2. Department of National Defense (DND) She decided to draft a new constitution and on March 25, 1986 she issued Proclamation No. 3 3. Technical Education and Skills Development abolishing many of the provisions of the 1973 Authority (TESDA). Constitution during the Marcos regime, including the unicameral legislature (the Batasang Pambansa), the office of Prime Minister, and provisions which The guiding principle of the law was taken from gave the President legislative powers. This Article 2 Sec. 4 of the Philippine Constitution constitution was often called as "Freedom which focused on the prime duty of the government, Constitution" to ensure democracy and the "to serve and protect its citizens" and the main freedom of the people. The Constitutional responsibility of all the citizen is to "defend the Commission was composed of 48 members security of the State" including rendering personal appointed by Aquino from varied backgrounds, military or civil service. including several former members of the House of Representatives, former justices of the Supreme Court, a Roman Catholic bishop, and political activists against the Marcos regime. The CLASSES OF RIGHTS Commission finished the final draft on October 12, 1986 and presented it to Aquino on October 15. Natural Rights – possessed by every citizen The constitution was ratified by a nationwide without being granted by the State for they are plebiscite on February 8, 1987. given to man by God as human being created to His image that he may live a happy life. THREE BRANCHES OF GOVERNMENT Constitutional Rights – conferred and protected by 1. Legislative makes the law the Constitution. congress, senate, house of repre Statutory Rights – provided by law, promulgated 2. Executive carries out the law by the law-making body and consequently may be president, vice president, cabinet abolished by the same body. 3. Judicial evaluates the law supreme court and other court CLASSIFICATION OF CONSTITUTIONAL RIGHTS Thus, to invoke the constitutional provision regarding Political Rights – the power to participate the R.A 8044 (The Youth in Nation-Building Act) directly or indirectly in the establishment or Sec. 2, the State recognizes the vital role of the administration of the government. youth in nation-building. They shall promote and Civil Rights – a law which secures private protect their physical, intellectual, and social well- individuals for the purpose of securing enjoyment being. It shall inculcate in the youth patriotism and of their means of happiness. nationalism and encourage their involvement in public and civic affairs. Social and Economic Rights – intended to insure the well – being and economic security Rights of the Accused – intended for the The Preamble protection of a person accused of any crime. The word 'preamble' comes from the Latin word 'praeambulus,' meaning 'walking before’. This is normally used in formal documents such as a DUTIES AND OBLIGATIONS OF CITIZENS nation's constitution. 1. To be loyal to the Republic. Dean Vicente Sinco says of the Preamble: “The 2. To defend the State. preamble performs a vital function in a constitution. 3. To contribute to the development and welfare of Its value is not merely formal but real and the State. substantive. It is to the constitution what the enacting 4. To uphold the Constitution and obey the laws clause is to a statue. The authenticity of the 5. To cooperate with duly constituted authorities. authorship of the constitution is made patent in the 6. To exercise rights responsibility and with due preamble. Without this or something equivalent to it, regard for the rights of others. the source of authority that gives valid force to the 7. To engage in gainful work. constitutional mandates may lie concealed, perhaps 8. To register and vote. left to the dangers of uncertain conjectures.” Bill of Rights and Duties and Responsibilities of Filipino Citizen UN PRINCIPLES ON HUMAN RIGHTS The Bill of Rights (Article III) is an indispensable Human Rights refers to norms that aim to protect part of the Constitution. In fact, it is one of the most people from political, legal, and social abuses important parts of the fundamental law since it aims (Stanford Encyclopedia of Philosophy). While the at balancing the power of the government and United Nations defined human rights as universal the various freedoms of the individual. It is a and inalienable. declaration and enumeration of a person’s rights and privileges which the Constitution is designed to protect against violation by the government, or by individuals or groups. It is a charter of liberties for the individual and a limitation upon the power of the State. PRINCIPLES OF HUMAN RIGHTS 1. Universal and Inalienable Universality - we are all equally entitled to our human rights. Inalienable - human rights is inviolable. Human rights should not be taken away, except in specific situations and according to due process. 2. Indivisible and interdependent means that one set of rights cannot be enjoyed fully without the other. 3. Equal and non-discriminatory Equal - Article 1 of the UDHR states: "All human beings are born free and equal in dignity and rights." Non-discriminatory - Freedom from discrimination, set out in Article 2. It also provides the central theme of 2 core instruments: the International Convention on the Elimination of All Forms of Racial Discrimination, and the Convention on the Elimination of All Forms of Discrimination against Women. 4. Both rights and obligations states have obligations and duties under international law to respect, protect and fulfill human rights. FLAG HERALDIC CODE OF THE PHILIPPINES (RA 8491, S. 1998)