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SOCIAL GRACES  SCOPE OF PRESENTATION ⮚Definition of Social Graces ⮚Table Manners ⮚Mess Sequence ⮚Mess (Unrecognized P2LT) ⮚Hand Signals OVERVIEW ⮚ Mess (Unrecognized P2LT) ⮚ Commandant’s Guidance  INTRODUCTION Social graces is the art of politely and properly socializing with pe...

SOCIAL GRACES  SCOPE OF PRESENTATION ⮚Definition of Social Graces ⮚Table Manners ⮚Mess Sequence ⮚Mess (Unrecognized P2LT) ⮚Hand Signals OVERVIEW ⮚ Mess (Unrecognized P2LT) ⮚ Commandant’s Guidance  INTRODUCTION Social graces is the art of politely and properly socializing with people and society. It includes manners, etiquette, fashion and characters, in different aspects, from socializing with people, table etiquette, good grooming, to courtesies to higher officials. Our character defines the kind of person we are. Our interaction with other person is a reflection of ourselves. As future officers, socializing with different people will become an inevitable part of our work. We are expected to act as respectable men and women. And be the model of righteousness among men.  TABLE MANNERS Good basic table manners are important because they ensure that both guest and host are comfortable at the table. Table manners are mostly common sense. Following these will carry you through the most common situations from Formal Dinners. TABLE MANNERS Sit up straight. Do not slouch or lean back in your chair. Don’t speak with your mouth full of food. No one likes to see a ball of masticated meat in your mouth. If you feel you must speak immediately, if you have only a relatively small bite, tuck it into your cheek with your tongue and speak briefly. TABLE MANNERS Chew quietly, and try not to slurp. Making noises is not only unappetizing, and distracting, but it can also interrupt the flow of conversation. Keep bite small. Cut meat and salad so that it doesn’t hang from your mouth after you shovel it in. Don’t cut all of your meat at one time, this tends to remind people of feeding small children – and the messiness associated with this activity. TABLE MANNERS Eat as leisurely pace. This rule, besides being good for the digestion, also shows your host that you want to enjoy the food and the company. Eating quickly an running is sign of disrespect for the host, as it shows that your focus is on the food and that you would rather be at home watching the grass grow than passing time with your host. Don’t wave utensils in the air. Especially knives or if there is food on them. Besides the danger of knocking over glasses, piercing waiters, or launching a pea into the eye of your date, this is a sign of over excitement that may be un appealing to those present. TABLE MANNERS Keep your elbows off the table. Elbows take up table space and can be a danger in knocking plates or glasses. Elbows on the table give you something to lean and tend to lull you into slouching. If you must lean on the table a good tactic is to take a roll or piece of bread into your free hand and rest part of your forearm on the table. Don’t reach. You don’t want to get in the way of people either eating or talking. Not is it as impolite as standing in front of a TV with other people behind you, but there is always the possibility of upsetting glasses or running your sleeve through someone’s mashed potato. TABLE MANNERS Excuse yourself when leaving the table. You don’t want people to think that you are tired of their company. If you must leave the table, make your excuses somewhat obvious and appear to be pressing. You want to leave people with the impression that you would rather remain at the table talking with them than doing anything else, but the matter at hand is so pressing that it must be attended to at once. Compliment the cook. Even the food is perfectly awful say something nice. You don’t have to lie, simply find the positive side of it. It is always pleasant to end a meal on a positive note. Wipe your mouth before drinking. Ever notice that disgusting smudge on the edge of your wine glass? This can be avoided by first wiping your lips with napkin. TABLE MANNERS Excuse yourself when leaving the table. You don’t want people to think that you are tired of their company. If you must leave the table, make your excuses somewhat obvious and appear to be pressing. You want to leave people with the impression that you would rather remain at the table talking with them than doing anything else, but the matter at hand is so pressing that it must be attended to at once. Compliment the cook. Even the food is perfectly awful say something nice. You don’t have to lie, simply find the positive side of it. It is always pleasant to end a meal on a positive note. Wipe your mouth before drinking. Ever notice that disgusting smudge on the edge of your wine glass? This can be avoided by first wiping your lips with napkin.  MESS SEQUENCE ⮚Take the longest route. ⮚Render report to the MHOC. ⮚Trot, cutting corners. ⮚Table commanders will be in place before mess commences. ⮚Ask permission to the table commander to join the table. ⮚Marcher will ask permission to the SDAO/MTI to take seats. ⮚Grace before meal. ⮚After taking a seat, recitation of menu followed by knowledges, profile of upperclass/classmate, PAFOCS organic personnel.  MESS SEQUENCE ⮚Mess proper ⮚During mess, the Group Adjutant commands “attention” then reads publication. ⮚Commands “rest” for mess continuation. ⮚After eating, Group Commander rises commands “say grace”. ⮚After the command “rise”, OCs leave the mess hall in trot and cutting corners. ⮚Render “All Right” to the MHOC. ⮚Longest route going back to barracks. MESS SEQUENCE 1. TABLE ARRANGEMENT A. Seats In entering the mess hall, all probationary second lieutenants shall remove their caps, trot (cutting corners) and proceed to their table, ask permission to the table commander and stand at attention behind their respective sets until the command “Take seats” is given. The most ranking cadet in the table shall act as the Table Commander and the second most ranking will be the Assistant Table Commander with the former facing the center of the mess hall or OC’s porch and the latter on the opposite side. During Beast Barracks, the squad leader and assistant squad leader shall act as the Table Commander and Assistant Table Commander, respectively. MESS SEQUENCE B. Table Napkin or Handkerchief When in bush Coat or General Office Uniform, P2LTs will spread out their table napkin or handkerchief so as not to stain their pants. When in Battle Dress Uniform or other uniform, hanky may be folded in half with the opening facing the person. After the meal, napkin should be picked up the center and placed it at the side of the plate. C. Placements of Flatware on the Table The flatware which refers to the different utensils in the table are arranged by the servers. After the command “take seats” is given, all P2LTs shall fix their flatware starting with the plate placed one inch from the side of the table with the seal facing the P2LTs, and this is done before anything else. MESS SEQUENCE The cup, glass and saucer for the dessert (if provided for) shall be placed at the upper portion of the plate, each tangent to one another with the glass at the center, the cup at the right of the glass with the handle diagonally 45 degrees towards you and the saucer placed at the left of the glass. The fork is laid on the spoon and are placed at the center of the plate parallel to the edge of the table. The knife is placed 45 degrees from the top most part of the plate tangent to the handles of the spoon and fork. The flat ware should always be arranged in this manner before eating, when getting rice and viands, and during publication of orders. Placement of Flatware on the Table  USING FLATWARE A. Fork The American custom is to hold the fork in the left hand to pin down the food for cutting, and then to transfer the fork, tines up to the right hand for the purpose of eating. The Continental custom of eating is to transfer the food to the mouth form the fork while it is still held at the left hand, tines down. Either fashion is correct. The fork is held at the left hand while being used with the knife to cut food. The handle of the fork should be handled with the thumb and the four fingers, The four fingers should be clipped together with the fingertips tangent at the lower edge of the fork, tines of the fork facing you, Also, is used to push food towards the spoon.  USING FLATWARE B. Spoon The spoon is held at the right hand in the same manner as the fork. When taking soup, dessert, rice or viand, scooping by the spoon is away from you. When taking in rice already placed in your plate, the spoon can be scooped towards you with the fork pushing the rice or viand away from you. C. Knife It is held in the right hand in the manner as the spoon index finger extending out at the side with sharp edge facing down. The knife should not be used like a carpenters saw. Cut perpendicularly in one direction to your front.  USING FLATWARE B. Spoon The spoon is held at the right hand in the same manner as the fork. When taking soup, dessert, rice or viand, scooping by the spoon is away from you. When taking in rice already placed in your plate, the spoon can be scooped towards you with the fork pushing the rice or viand away from you. C. Knife It is held in the right hand in the manner as the spoon index finger extending out at the side with sharp edge facing down. The knife should not be used like a carpenters saw. Cut perpendicularly in one direction to your front.  HOW TO DISTINGUISH VIANDS First courses include: egg, meat, beef, and chicken. Second courses include: fish and seafood. Third courses include: pure vegetables. Vegetables salads are considered as second courses or eaten in between viands. Soup is not considered as viand but as an appetizer, so it should be taken first before starting the course. All viands placed on the plate are considered as first viand and should be consumed first.  HOW TO DISTINGUISH VIANDS 1. Breakfast A. If bread is served, the plate should be arranged as shown below.  HOW TO DISTINGUISH VIANDS B. Bread is broken in half. The other half is further broken into two pieces. Do not cut the bread with your knife. Butter is placed on each before eating. Never butter the whole bread at once or avoid making a sandwich ever butter it in midair. Bread is eaten alternately with the viand. Never dunk the bread, sandwich, etc. In your coffee, milk, chocolate or beverage.  HOW TO DISTINGUISH VIANDS C. Eggs 1. Eggs are always eaten first except when another viand is already on the plate. 2. Sunny side-up is eaten starting with the white of the egg which divided into four. 3. Hard boiled or salted egg is divided in half with the use of knife; the shell is separated from the meat with the blade of the knife pointing inward and motion of the egg clockwise. 4. Hotdog, longganisa, kikiam, luncheon meat, meat loaf and the like are cut one piece at a time using the fork. 5. Beverages are taken directly from the cup of the glass and should not be sipped with the spoon.  HOW TO DISTINGUISH VIANDS 6. If rice is served for breakfast, follow the procedure for lunch and dinner, except the fresh fruit is eaten first, then it should be in half moon. 2. Lunch and Dinner A. Juice and Softdrink When juice or softdrink is served, pour the content into a glass. B. Soup Soup is spooned with strokes directed away from you. You may tilt the bowl outward to get all the soup, however this practice is encouraged. Use the side of the spoon in taking the soup.  HOW TO DISTINGUISH VIANDS C. When interrupted or being talked to, do not rests the spoon on the bowl. It is better to place it on the plate. D. When finished, the bowl should be placed at the upper left tangent to the plate and to the glass. 3. Steamed Rice Steamed rice should be placed on the plate ahead of the viand, at the upper half portion of the plate. When getting steamed rice, the platter must tangent to the left side of the plate and the rice is scooped outward. This applies to all viands as well.  HOW TO DISTINGUISH VIANDS Steamed rice and viands must be eaten alternately. Although, as a rule the strokes of the spoon must be away from you, the stroke of the spoon must be inward while the fork is used to push the food towards the spoon.  PROPER WAY OF EATING VIAND 1. Fish a. Remove the tail and fins b. Remove the head c. Cut lengthwise d. Remove the bones and lay it at the upper left side of the plate, then start eating. e. Use the bone plate afterwards before eating the next course. 2. Mussel and the like Separate all the meat from the shells with the use of the knife and fork. Arrange the empty shells by placing the smaller shell on top of the larger shell then place them on plate.  PROPER WAY OF EATING VIAND 3. Shrimp Maybe eaten in one piece if not large. To remove the skin, cut the head, then the tail with the knife and fork. Then cut the leg before removing the outer skin. If the shrimp is big, cut neatly using the edge of the fork. 4. Fried Chicken Hold the chicken in your left hand against the plate, strip the meat the with the right hand.  PROPER WAY OF EATING VIAND 5. Spaghetti Twist around the fork, cocoon fashion, eat from fork tip, or cut it using the side of the fork before winding. 6. Lumpia Should be sliced crosswise with the knife and eaten using the fork.  PROPER WAY OF EATING DESSERTS When eating desserts served in saucer, move the plate and flatware to the right and then place the saucer to the lower left. When finished eating arrange the plate and flatware in its original place. 1. Cakes are cut and eaten with a fork. 2. Ensaymada are cut into halves and the other half into bite size using the knife. Use the fork in eating. 3. Biscuits and other finger foods are eaten with the use of the fingers on your left hand. 4. Pastillas and the like. Unwrap on the plate and no on mid-air, it is eaten best with the fingers.  PROPER WAY OF EATING DESSERTS 5. Banana. Cut the tip to remove the exposed part. Then make cross on the tip by using a knife. To peel, hold the banana with left hand with the index and middle finger extended to support the banana. With the use of the knife, clip the peelings with the right thumb then peel the banana starting from front, then left, right and back. Use the fork to cut the banana one piece at a time with strokes away from you. 6. Soft fruits. Use the fork and if necessary, use the knife. 7. Mango. Eaten with spoon starting from the right going to left. Prick with the fork to pin down the mango. 8. Watermelon, papaya and melon. Remove the seeds first, separate the edible portion, starting from right to left, cut with the knife and prick with the fork. 9. Oranges, cut a small cross at the bottom then peel with hands. Eat on piece at a time. 10. Pineapples, remove the hard part using the knife. Cut into bite size pieces using the fork the knife may also be used in cutting.  MISCELLANEOUS UNRECOGNIZED P2LT 1. A probie joining another table will ask permission from the table commander. Permission will likewise be asked when leaving ahead. 2. Everyone must apportion the viand with the number of probies in the table. 3. Never speak when your mouth is full. Chew with mouth is closed. 4. Avoid such unattractive eating habits like smacking the lips or taking overly large mouthfuls from food piled high on the spoon. 5. When using the table napkin or hanky, pats the lips, don’t rub them. When wiping the mouth, fold the hank into ¼ lengthwise, then fold both ends to the center to fold it further to ¼. Insert index finger at the center and dab sweat away. 6. Wipe your lips before drinking any beverage to avoid unsightly marks in the glass. 7. Do not over reach. Do not rise from your seat to reach food. Ask the person nearest to it to hand it you.  MISCELLANEOUS UNRECOGNIZED P2LT 8. Never place your elbows on the table. Clip them to your side while eating. 9. Maintain proper posture while eating. (Eyes must be edge at the table, head up, chin-in, clip wings, breast up, 1 inch on the chair, and one fist away from the table, clip knees and feet together) 10. Do not hold two things at the same time. Exception is when using spoon and fork, or knife. Ask permission before getting anything from the table.  MISCELLANEOUS UPON ENTERING THE MESS HALL 1. Greet the Guard or whoever upper class or officer present inside the Mess Hall. “Upperclassman _____ sir/ma’am, Good morning sir/ma’am”. 2. The unrecognized P2LT will trot inside the mess hall and always take the longest route before going to their respective table assignment. 3. Upon arrival at table assignment, the unrecognized P2LT will ask permission to join the table and greet his/her table/assistant table commander. “Upperclassman _____ sir/ma’am, may OC Dugumon join the table sir/ma’am.” “Upperclassman _____, good morning sir/ma’am.”  MISCELLANEOUS RECITATION OF KNOWLEDGES DURING MESS “Attention to orders, our knowledge for today’s (Morning, Noon, Evening) Mess” 1. Menu “Attention to orders, our menu for today’s _______(Morning, Noon, Evening) Mess is First Viand _______, Second Viand _______, Third Viand ______; with Steamed Rice, Sir/Maám.”  MISCELLANEOUS 2. Asking Permission “Upperclasssman ______, sir/maám. May OC ______ get ______ (steamed rice/viand) sir/maám.” -When acknowledge: “Yes sir/maám.” -When ahead of an upperclass: “Upperclassman ______ sir/maám. May OC ______ get (steamed rice / viand) ahead of Upperclassman______ sir/maám.” 3. When complying “Upperclassman _______sir/maám. The order of Upperclassman _______ to OC to (recite knowlwdge/ menu) has been complied with sir/maám. “Yes sir/maám”  MISCELLANEOUS 4. Droppings “Upperclassman_______ sir/maám. OC _____ dropped (steamed rice/viand/utensils) sir/maám, (1,2,…).” “Upperclassman ________ sir maám. May OC ______ (fix/pick) OC _______ (droppings/utensils) sir/ maám. “Yes sir/maám”  MISCELLANEOUS 5. Passing of Condiments, Viands and Etc. “”OC _____ sir/maám. Please pass the (condiments/steamed rice/viand) to OC _______/ the other side of the table sir/maám”.” 6. Getting Viand “Upperclassman _____ sir/ maám. May OC _____ get (steamed rice/viand) sir/maám.” NOTE: All these knowledge are recited in a shouting manner MISCELLANEOUS SOY SAUCE MISCELLANEOUS FISH SAUCE MISCELLANEOUS VINEGAR MISCELLANEOUS KETCHUP - The hand is in close-open manner MISCELLANEOUS WHEN ASKING FOR A SERVER (just raise your hand) MISCELLANEOUS WHEN ASKING FOR A PLATTER OF RICE MISCELLANEOUS WHEN ASKING FOR PITCHER OF WATER MISCELLANEOUS WHEN ASKING FOR A SAUCER/ BONEPLATE MISCELLANEOUS WHEN ASKING FOR A GLASS MISCELLANEOUS WHEN ASKING FOR TABLE NAPKIN 1 2 3 MISCELLANEOUS FIRST VIAND MISCELLANEOUS SECOND VIAND SUMMARY ⮚Definition of Social Graces ⮚Table Manners ⮚Mess Sequence ⮚Mess (Unrecognized P2LT) ⮚Hand Signals  COMMANDANT’S GUIDANCE ⮚Strictly observe NO maltreatment policy. ⮚Supervise proper messing of Officer Candidates. ⮚All tables must have table commanders. QUESTIONS ?? ? ? END OF PRESENTATION  CODE of ETHICS  CAPABLE CREDIBLE SUSTAINABLE OESPA, PAF MISSION AND FUNCTIONS 2  MISSION “TO ENHANCE PROFESSIONALISM, PROMOTE HONESTY AND INTEGRITY IN THE MILITARY SERVICE, INSTILL ETHICAL STANDARDS AND INCULCATE A STRONG SENSE OF PUBLIC ACCOUNTABILITY AMONG MILITARY AND CIVILIAN PERSONNEL IN THE PURSUIT OF A COMMON COMMITMENT AGAINST GRAFT AND CORRUPTION IN THE PAF”  SPECIFIC FUNCTIONS INQUIRES INTO AND INVESTIGATES COMPLAINTS/REPORTS OF VIOLATIONS BY MILITARY AND CIVILIAN PERSONNEL OF THE FOLLOWING EXISTING LAWS, RULES AND REGULATIONS;  SPECIFIC FUNCTIONS 1. RA 6713 (CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES) AND THE IMPLEMENTING RULES THEREOF; 2. RA 3019, AS AMENDED (ANTI GRAFT AND CORRUPT PRACTICES ACT);  SPECIFIC FUNCTIONS 3. RA 1379, AS AMENDED (AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE ANY PROPERTY FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED); 4. REVISED PENAL CODE, TITLE SEVEN, CRIMES COMMITTED BY PUBLIC OFFICERS (AFP PERSONNEL) IN RELATION TO AW 94 (VARIOUS CRIMES) AND AW 95 (FRAUD AGAINST THE GOVERNMENT). SPECIFIC FUNCTIONS ▪ FILES AND PURSUES CIVIL, CRIMINAL AND ADMINISTRATIVE CASES RELATED TO ACTS VIOLATING THE LAWS MENTIONED ABOVE; ▪ COLLECTS, ANALYZES AND COMPILES ALL SWORN STATEMENT OF ASSETS AND LIABILITIES OF MILITARY PERSONNEL AND PERMANENT CIVILIAN EMPLOYEES OF THE PAF;  SPECIFIC FUNCTIONS ▪ CONDUCT CONTINUOUS ORGANIZATIONAL DEVELOPMENT PROCESS TO SUIT OESPA’S ULTIMATE VISION TO ERADICATE GRAFT AND CORRUPT PRACTICES IN THE PAF; ▪ CONDUCT CONTINUOUS EDUCATION AND INFORMATION DISSEMINATION PROGRAM AMONG PAF PERSONNEL;  SPECIFIC FUNCTIONS ▪ EVOLVES A MASTER PLAN WHICH SHALL ESTABLISH OESPA’S DIRECTION TOWARDS THE ATTAINMENT OF ITS FUNCTION; AND ▪ INTEGRATES AND SYNTHESIZES FOR THE CG, PAF ALL PAF POLICIES AND REGULATIONS, AS WELL AS, PERTINENT DATA GATHERED FROM THE FIELD UNITS THAT HAVE DIRECT BEARING ON OESPA’S FUNCTION.  SPECIFIC FUNCTIONS ADDITIONAL TASKING ▪ CONDUCT INVESTIGATION ON CASES OF RAPE, SEXUAL HARASSMENT AND OTHER SEXUALLY-RELATED CASES IN THE AFP PER TO GHQ PERSONNEL DIRECTIVE # 4 DTD 26 AUG 2008. ▪ CONDUCT INVESTIGATION ON CASES OF DOMESTIC RELATED OFFENSES COMMITTED BY AFP PERSONNEL PURSUANT TO GHQ PERSONNEL DIRECTIVE # 2 DTD 09 FEB 2009.  - PREAMBLE - ART. I - AFP IDENTITY - ART. II - AFP HISTORY - ART. III - AFP CREED AND STAND ON BASIC ISSUES - ART. IV - AFP MEMBERSHIP - ART. V - MILITARY PROFESSIONALISM - ART. VI - AFP CUSTOMS AND TRADITION - ART. VII - GENERAL PROVISION  MILITARY CODE OF ETHICS ▪ A SUBSTANTIVE, BUT SUCCINCT, DIGEST OF ALL LEGAL, MORAL AND ETHICAL VALUES, PRINCIPLES, RULES AND REGULATIONS GAINING THE ACCOMPLISHMENT OF THE MILITARY MISSION.  CODE OF ETHICS a) TO SHAPE OUR IDEALS AND ASPIRATIONS INTO A DEFINITE COURSE OF CONDUCT BY WHICH WE CAN LIVE AND GOVERN OURSELVES AS PROFESSIONALS. B) TO GUIDE AND CONSTANTLY REMIND EACH OF US OF THE DELICATE AND CRITICAL ROLE THAT THE AFP PLAYS IN THE FILIPINO SOCIETY. C) TO ESTABLISH THE ETHICAL STANDARDS AND NORMS OF CONDUCT BY WHICH TO MEASURE EACH OF OUR PERFORMANCE AS SOLDIERS.  PREAMBLE PROVIDES THE REASONS FOR PROMULGATING THE CODE AND STATES THE IDENTITY, ASPIRATIONS, VISIONS, MISSION AND COMMITMENT OF THE AFP.  Article I - IDENTITY TELLS WHO THE AFP IS, BY WHOSE AUTHORITY IT EXIST AND FOR WHOM, BY WHAT STRUCTURE DOES IT PERFORM ITS MANDATED ROLE AND HOW IT CAN MEASURE UP TO THE EXPECTATIONS OF THE FILIPINO PEOPLE.  Article I - IDENTITY (SEC 1) ▪ RECOGNIZES THE CONSTITUTION OF THE REPUBLIC AS THE LEGITIMATE EXPRESSION OF THE PEOPLE’S WILL ▪ MANDATED TO SERVE AND PROTECT THE PEOPLE AND SECURE THE SOVEREIGNTY OF THE STATE AND THE INTEGRITY OF ITS NATIONAL TERRITORY FROM INTERNAL AND EXTERNAL THREATS  Article I - IDENTITY ▪ ADHERES TO THE PRINCIPLE OF CIVILIAN SUPREMACY OVER THE MILITARY ▪ VOWS TO UPHOLD AND DEFEND THE CONSTITUTION  Article I – IDENTITY (Sec 2) ▪ CREATED BY LAW AS INTEGRAL PART OF THE EXECUTIVE BRANCH OF THE GOV’T (PRESIDENT AS THE COMMANDER IN CHIEF - EXERCISES CONTROL, SUPERVISION AND AUTHORITY THROUGH A CHAIN OF COMMAND HEADED BY THE CHIEF OF STAFF).  Article I – IDENTITY ( sec 2) COMPOSED OF THREE MAJOR SERVICES: Phil Army (PA)- conducts Philippine Air Force (PAF) – secures Philippine Navy (PN) –secures the ground combat operations, the Philippine air space, Philippine territorial waters (Sec 3) - maintain a high level of credibility - to gain the trust, confidence and respect of the filipino people.  Article II – AFP HISTORY TELLS OF THE ORIGIN AND THE PAST OF THE AFP AND THE LESSONS BY THE AFP FROM ITS PAST ERRORS AND SUCCESSES.  Article III – AFP CREED AND STAND ON BASIC ISSUES STATES THE AFP’S COMMON BELIEFS AND CORE VALUES. IT IS A CONCEPTUAL SYNTHESIS OF WHAT THE AFP BELIEVES IN, STANDS ON AND FIGHTS FOR. IT IS, IN ESSENCE THE AFP’S FIGHTING CAUSE AND IDEOLOGY.  AFP CORE VALUES ▪ SOLDIERY IS A CALLING, NOT MERELY AN EMPLOYMENT. ▪ MILITARY SERVICE DOES NOT ONLY REQUIRES US TO HAVE A SPECIALIZED KNOWLEDGE/SKILLS, OR PHYSICAL ATTRIBUTES; BUT REQUIRES US TO HAVE A DISTINCT LIFESTYLE. ▪ OUR ORGANIZATION REQUIRES US TO OBSERVE THE VALUES OF HONOR, LOYALTY, VALOR, DUTY AND SOLIDARITY.  AFP CORE VALUES 1. HONOR (DANGAL) – IS CLEAR CONSCIOUSNESS OF PERSONAL DIGNITY AND WORTH. JUST BY BEING: ▪ TRUTHFUL, ▪ SINCERE, ▪ HONEST, ▪ UPRIGHT, ▪ CREDIBLE, AND ▪ AVOID DECEPTION  AFP CORE VALUES 2. LOYALTY (KATAPATAN) - THE BEST EXPRESSION OF OUR FIDELITY TO: ▪ GOD ▪ COUNTRY ▪ FELLOWMEN AND OUR ADHERENCE TO: ▪ DEMOCRATIC PRINCIPLES ▪ CONSTITUTIONAL MANDATE AND LEGAL AUTHORITY.  AFP CORE VALUES 3. VALOR (KAGITINGAN) - Power and strength, courage, endurance to pain and hardships. “No one will feel difficulty in life if he is committed to what he is doing.”  AFP CORE VALUES 4. DUTY (TUNGKULIN) - ACCEPTANCE OF RESPONSIBILITY, PROFESSIONALISM AND COMPETENCE. - TAKE RESPONSIBILITY - DO NOT BLAME OTHERS FOR YOUR SHORTCOMINGS - WORK WITHOUT BEING WATCHED - LOVE YOUR WORK  AFP CORE VALUES 5. SOLIDARITY(PAGKAKAISA) - UNITY, COOPERATION, CAMARADERIE, TEAMWORK, VOLUNTARINESS, FOLLOWERSHIP (SUBORDINATES) LEADING, COACHING/MENTORING ON THE PART OF THE LEADER. THE AFP STAND ON BASIC ISSUES ▪ SUPREMACY OF CIVILIAN AUTHORITY THE AFP SHALL AT ALL TIMES UPHOLD SUPREMACY OF CIVILIAN AUTHORITY OVER THE MILITARY. - THE PRESIDENT AS THE COMMANDER IN CHIEF - LAWS ENACTED BY CONGRESS  THE AFP STAND ON BASIC ISSUES AFP ORGANIZATION – DESIGNED, STRUCTURED, STAFFED AND MANNED AS TO BE ABLE TO CARRY OUT ITS MISSION EFFECTIVELY THROUGH THE OPTIMUM USE OF RESOURCES. IT IS INVOLVED NOT ONLY IN THE DEFENSE OF THE COUNTRY BUT ALSO IN CIVIL ASSISTANCE ACTIVITIES DURING DISASTERS, CALAMITIES AND NATIONAL EMERGENCIES.  THE AFP STAND ON BASIC ISSUES CHAIN OF COMMAND – OFFICER AND SOLDIER SHALL OBEY LAWFUL ORDERS OF HIS IMMEDIATE SUPERIOR. COMMANDERS SHALL ACCEPT RESPONSIBILITY FOR THEIR ACTIONS.  THE AFP STAND ON BASIC ISSUES MILITARY LEADERSHIP – THE MILITARY LEADERSHIP SHALL HAVE THE ABILITY TO INFLUENCE MEMBERS OF THE ORGANIZATIONS IN THE FULFILLMENT OF ITS ROLES, OBLIGATIONS AND FUNCTIONS. IT SHALL HAVE A SINCERE CONCERN TOWARDS THE MORALE AND WELFARE OF THE MEMBERS. IT SHALL ALSO BE CREDIBLE AND BE ABLE TO PROMOTE OPPORTUNITIES FOR GENUINE RECONCILIATION AND SOLIDARITY FOR THE SAKE OF PEACE.  THE AFP STAND ON BASIC ISSUES RESEARCH AND TECHNOLOGY – AFP SHOULD BE THE PRIME MOVER OF RESEARCH AND TECHNOLOGY IN THE MANUFACTURE OF ARMAMENTS AND ELECTRONIC HARDWARE, IN AIRCRAFT AND SHIPBUILDING.  THE AFP STAND ON BASIC ISSUES PEOPLE’S SUPPORT – AFP FIRMLY ACKNOWLEDGES PEOPLE’S SUPPORT AS VITAL IN ACHIEVING PEACE AND ORDER. NATIONAL DEVELOPMENT – AFP SHALL BE THE PEOPLE’S PARTNER IN PROMOTING PEACE, NATIONAL DEVELOPMENT AND PROGRESS.  THE AFP STAND ON BASIC ISSUES PARTISAN POLITICS – AFP RECOGNIZES THE SANCTITY OF ITS INSULATION FROM PARTISAN POLITICS. MASS MEDIA – AFP SHALL MAINTAIN AN “OPEN-MEDIA POLICY”  THE AFP STAND ON BASIC ISSUES SPIRITUAL LIFE – AFP SHALL ENCOURAGE THE PRACTICE OF ONE’S RELIGIOUS FAITH FOR THE GOOD OF THE SERVICE. FAMILY LIFE – AFP RECOGNIZES THAT ITS MEMBERS ARE HUMAN BEINGS WITH THE SAME FAMILY OBLIGATIONS AS OTHER PEOPLE. DEMOCRACY – AFP ADHERES TO THE PRINCIPLE OF DEMOCRACY THAT THE GOV’T IS OF THE PEOPLE, BY THE PEOPLE AND FOR THE PEOPLE.  THE AFP STAND ON BASIC ISSUES n NATIONAL INTEREST - FOREMOST IN THE MIND OF THE AFP SHALL BE THE REALIZATION THAT NATIONAL INTEREST SERVES THE COMMON GOOD OF THE CITIZENRY. n PEACE – IS A PRICELESS GIFT TO MANKIND WHICH CONNOTES FREEDOM FROM ANY HOSTILITIES SUCH AS POLITICAL, SOCIAL AND ECONOMIC ILLS. n WAR – WAR IS DEFINED AS THE USE OF ORGANIZED MILITARY FORCE BY A STATE TO ACHIEVE ITS ENDS AGAINST THE PHYSICAL OPPOSITION OF A HOSTILE STATE OR STATES.  THE AFP STAND ON BASIC ISSUES n USE OF ARMED FORCE – ADHERES TO THE PRINCIPLE OF DEMOCRACY THAT THE GOV’T IS OF THE PEOPLE, BY THE PEOPLE AND FOR THE PEOPLE. n SOCIAL JUSTICE – THE AFP SHALL SUBSCRIBE TO THE PROMOTION OF SOCIAL JUSTICE.  THE AFP STAND ON BASIC ISSUES n HUMAN RIGHTS – THE AFP SHALL RESPECT THE INHERENT DIGNITY OF A HUMAN BEING AND HIS RIGHTS CONTAINED IN THE “UNIVERSAL DECLARATION OF HUMAN RIGHTS” WHICH OUR COUNTRY IS A SIGNATORY. AFP SHALL PROTECT AND PROMOTE THESE RIGHTS.  THE AFP STAND ON BASIC ISSUES ENEMIES OF THE STATE -THOSE WHO VIOLATE THE SOVEREIGNTY OF THE PHILIPPINES AS AN INDEPENDENT AND DEMOCRATIC STATE. -THOSE WHO SHALL SUBSCRIBE TO VIOLENCE AS A MEANS TO ACHIEVE THEIR ENDS.  THE AFP STAND ON BASIC ISSUES n ENEMIES OF THE STATE THOSE WHO DO NOT ADHERE TO THE INTERNATIONALLY ACCEPTED PRINCIPLES OF PEACE, EQUALITY, JUSTICE, FREEDOM AND FRIENDSHIP. -THOSE WHO SHALL NOT ACCEPT CIVILIAN SUPREMACY OVER THE MILITARY.  THE AFP STAND ON BASIC ISSUES n ENEMIES OF THE STATE - THOSE WHO SHALL DISMEMBER THE COUNTRY OR ANY PART THEREOF. - THOSE WHO SHALL FOMENT CHAOS AND DISORDER AND OBSTRUCT THE ACHIEVEMENT OF THE COMMON GOOD. - THOSE ENGAGED IN ORGANIZED CRIMES. - THOSE WHO SHALL ORGANIZE THE POPULACE FOR THE PURPOSE OF ALIENATING THEIR ALLEGIANCE FROM THE STATE.  THE AFP STAND ON BASIC ISSUES n ENEMIES OF THE STATE THE AFP SHALL CONTROL AND SUPPRESS THE ENEMIES OF THE STATE AND IN COORDINATION WITH OTHER GOVERNMENT AGENCIES, SHALL TRY TO BRING THEM BACK TO THE MAINSTREAM OF SOCIETY THROUGH REHABILITATION. IT SHALL TREAT THE ENEMIES OF THE STATE ACCORDING TO THE LAWS OF THE LAND.  THE AFP STAND ON BASIC ISSUES n PRINCIPLED CRITIQUES/ CAUSE ORIENTED GROUPS – THE AFP SHALL NOT DISSENT OR LABEL THE PRINCIPLED CRITIQUES AND / OR CAUSE ORIENTED GROUPS AS A THREAT TO NATIONAL SECURITY AND / OR ENEMIES OF THE STATE AS DISSENT AND OPPOSITION ARE IMPORTANT FEATURES TO ENSURE A HEALTHY AND DYNAMIC DEMOCRACY.  Article IV – AFP MEMBERSHIP STATES WHO COMPOSES THE AFP, CRITERIA FOR MEMBERSHIP AND THE PROCESSES/ SYSTEMS WITHIN THE AFP  Article IV – AFP MEMBERSHIP ▪ PROCUREMENT SYSTEM. -EXTREME CARE MUST BE MADE IN THE SETTING OF CRITERIA THAT SHALL NOT DISCRIMINATE SKILLED AND / OR GIFTED APPLICANTS.  Article IV – AFP MEMBERSHIP ▪ PROCUREMENT SYSTEM. -PROCUREMENT OF PERSONNEL SHALL BE PROPORTIONATELY TAKEN FROM ALL REGIONS OF THE ARCHIPELAGO IN ORDER TO HAVE EQUITABLE REGIONAL REPRESENTATION NATIONWIDE. ▪ MEMBERSHIP QUALIFICATIONS. - COMMISSIONED OFFICERS / ENLISTED PERSONNEL.  Article IV – AFP MEMBERSHIP ▪EDUCATION AND TRAINING. ▪RETENTION OF THE SERVICE. ▪PROMOTION. ▪RETIREMENT, SEPARATION BENEFITS. ▪DEATH AND DISABILITY BENEFITS.  Article V – MILITARY PROFESSIONALISM PROFESSIONALISM – - EXPERT APPLICATION OF SPECIALIZED SKILLS - BASED ON AN ORGANIZED BODY OF KNOWLEDGE - IN ACCORDANCE WITH LAWS AND / OR CODE OF ETHICS - WITH HIGHEST DEGREE OF EXCELLENCE IN THE ACCOMPLISHMENT OF THE MISSION. STANDARDS OF MILITARY PROFESSIONALISM E NC LO TE YA PE LT M Y CO M OR I CS AL H ET  STANDARDS OF MILITARY PROFESSIONALISM 1. STANDARDS OF LOYALTY - ALL MILITARY PERSONNEL SHALL BE LOYAL AND TRUE TO THE - REPUBLIC OF THE PHILIPPINES, - PHIL CONSTITUTION - AFP - FILIPINO PEOPLE AT ALL TIMES.  STANDARDS OF MILITARY PROFESSIONALISM 2. STANDARDS OF COMPETENCE – ALL MILITARY PERSONNEL MUST POSSESS: - KNOWLEDGE - SKILL - PHYSICAL ATTRIBUTES AND - CHARACTER TRAITS - NECESSARY TO ATTAIN OUTSTANDING PERFORMANCE OF DUTY AND ACCOMPLISHMENT OF THE MISSION.  STANDARDS OF MILITARY PROFESSIONALISM 3. STANDARDS OF ETHICS - EVERY SOLDIER MUST OBSERVE AND CONFORM TO ACCEPTED PRINCIPLES OF RIGHT CONDUCT, AS OBSERVED AND PRACTICED IN FILIPINO SOCIETY.  STANDARDS OF MILITARY PROFESSIONALISM 4. STANDARDS OF MORALS - MEMBERS OF THE AFP SHOULD BE DEEPLY AWARE THAT MAN IS A RATIONAL BEING. MAN IS ALSO A MORAL BEING WHO IS GIVEN THE CAPACITY TO DETERMINE WHAT IS RIGHT AND DO IT AND WHAT IS WRONG AND AVOID IT. UNPROFESSIONAL ACTS  UNPROFESSIONAL ACTS BEHAVIOR THAT FALL SHORT OF THE PROFESSIONAL STANDARD SET FORTH IN THIS CODE. MAY BE CONSIDERED AS VIOLATION OF EXISTING LAWS, ETHICS, MORALS & AFP RULES & REGULATIONS. PENALTIES and ADMINISTRATIVE SANCTIONS: 1) REVISED PENAL CODE 2) ARTICLES OF WAR 3) SPECIAL LAWS 4) AFP RULES AND REGULATION  UNPROFESSIONAL ACTS Acts of Disloyalty – ACTS OR OMISSION BETRAYING ONE’S FAITH, DUTY, COMMITMENT TO GOD, COUNTRY, PEOPLE, CONSTITUTIONAL GOVERNMENT, AFP CHAIN OF COMMAND, UNIT OR OFFICE AND ITS MISSION.  UNPROFESSIONAL ACTS A) COWARDICE, DESERTION, ABANDONMENT OF POST, AWOL, ETC. B) CONTEMPT OR DISRESPECT BY WORDS OR DEEDS TOWARDS THE COMMANDER-IN- CHIEF AND APPROPRIATE CIVILIAN AUTHORITIES, ONE’S SUPERIOR OFFICERS OR NCO. C) ANY ATTEMPT TO CREATE OR PARTICIPATE IN ANY VIOLENT ACTION AGAINST THE DULY CONSTITUTED GOVERNMENT.  UNPROFESSIONAL ACTS D) GIVING OR ATTEMPTING TO GIVE AID, PROTECTION, COMFORT, INFORMATION OR ANY FORM OF SUPPORT TO THE ENEMY OR HIS ALLIES E) REFUSAL TO EXECUTE DUTY OR TAKE APPROPRIATE ACTION DURING TIMES OF CRISIS SUCH AS SIEGE, UPRISING, MUTINY AND SIMILAR OCCURRENCES  UNPROFESSIONAL ACTS – REFER TO THE LACK OF REQUIRED KNOWLEDGE, SKILLS, PHYSICAL ATTRIBUTES AND CHARACTER TRAITS NECESSARY FOR ADEQUATE PERFORMANCE OF DUTY AND ACCOMPLISHMENT OF MISSION A) FAILURE TO ATTAIN THE MINIMUM PASSING GRADE IN ANY AFP TRAINING AND EDUCATION PROGRAM B) INABILITY TO MEET THE PHYSICAL, MEDICAL, MENTAL AND MORAL FITNESS REQUIREMENTS OF THE SERVICE C) APATHY, INDIFFERENCE, OR HALF-HEARTEDNESS TOWARDS DUTY  UNPROFESSIONAL ACTS 3. UNETHICAL ACTS –REFER TO ALL ACTS OR OMISSIONS WHICH DEVIATE FROM ESTABLISHED AND ACCEPTED ETHICAL AND MORAL STANDARDS OF BEHAVIOR AND PERFORMANCE AS SET FORTH IN THIS CODE.  UNPROFESSIONAL ACTS 3. UNETHICAL ACTS A) DIRECTLY OR INDIRECTLY ENGAGING ONESELF IN OUTSIDE EMPLOYMENT OR BUSINESS SIDELINES USING GOVERNMENT TIME UNLESS AUTHORIZED BY PROPER AUTHORITY B) ARROGANCE IN WORDS, WAYS AND DEEDS INCLUDING BUT NOT LIMITED TO, UNNECESSARY USE OR DISPLAY OF FIREARMS OR UNIFORMS OR UNWARRANTED ASSERTION OF RANK, POSITION OR AUTHORITY  UNPROFESSIONAL ACTS 3. UNETHICAL ACTS C) ALLOWING ANY WRONGDOING OR IRREGULARITY IN THE MILITARY SERVICE OR REFUSING OR FAILING TO TAKE ACTION THEREON OR TO REPORT SAME TO APPROPRIATE AUTHORITIES  UNPROFESSIONAL ACTS 3. UNETHICAL ACTS D) OCCUPYING OTHER POSITIONS IN CONCURRENT CAPACITY TO OBTAIN INFLUENCE, PRIVILEGES, HONORARIA AND OTHER BENEFITS INCIDENTAL TO SAID POSITION E) LOBBYING FOR ANY FAVOR, INCLUDING BUT NOT LIMITED TO PROMOTIONS, ASSIGNMENTS, POSITIONS AND OTHER PRIVILEGES PERSONALLY OR THROUGH OTHER PERSONS.  UNPROFESSIONAL ACTS 3. UNETHICAL ACTS F) ANY ACT OF CIRCUMVENTING AFP RULES, REGULATIONS, CIRCULARS, DIRECTIVES FOR PURPOSES OF PROCUREMENT, PROMOTION, SCHOOLING, ASSIGNMENT, AWARDS AND DECORATIONS  UNPROFESSIONAL ACTS UNPROFESSIONAL ACTS 3. UNETHICAL ACTS G) ALLOWING/ TOLERATING SPOUSES AND DEPENDENTS TO INTERFERE OR MEDDLE IN OFFICIAL FUNCTIONS H) FORNICATION (I.E. ADULTERY, CONCUBINAGE, HOMOSEXUALITY, LESBIANISM, PEDOPHILIA, ETC) I) ENGAGING IN VICES INCLUDING BUT NOT LIMITED TO EXCESSIVE GAMBLING, WOMANIZING, EXCESSIVE DRINKING OF INTOXICATING LIQUOR, USE OF PROHIBITED DRUGS AND THE LIKE  UNPROFESSIONAL ACTS UNPROFESSIONAL ACTS 3. UNETHICAL ACTS J) SEXUAL HARASSMENT K) FORUM SHOPPING L) AIRING GRIEVANCES/ SEEKING TO REDRESS GRIEVANCES THROUGH TRI-MEDIA  UNPROFESSIONAL ACTS 4. CORRUPT ACTS – ALL ACTS OR OMISSIONS DESCRIBED AND CHARACTERIZED AS CRIMES AGAINST PUBLIC INTEREST, PUBLIC MORALS, PROPERTY, CHASTITY, CIVIL STATUS OF PERSONS AND HONOR UNDER PERTINENT PROVISIONS OF THE REVISED PENAL CODE, OTHER LAWS AND AFP RULES AND REGULATIONS  UNPROFESSIONAL ACTS A) ANY FORM OF CONVERSION, SALE, APPLICATION OR USE OF GOVERNMENT FUNDS OR PROPERTIES OTHER THAT WHAT THEY ARE INTENDED FOR B) ANY FORM OF MANIPULATION OF UNIT OR INDIVIDUAL FUNDS INCLUDING BUT NOT LIMITED TO MOE, PROJECT MONEY, PAY AND ALLOWANCES, REMITTANCES TO GSIS, RSBS, PAG-IBIG AND THE LIKE  UNPROFESSIONAL ACTS 4. CORRUPT ACTS c) ANY PARTICIPATION IN OR TOLERATION OF RIGGED BIDDING D) FALSIFICATION / ALTERATION OF RECORDS / DOCUMENTS TO JUSTIFY UNWARRANTED ACQUISITION OR DISPOSAL/ SALE OF GOVERNMENT EQUIPMENT TO FAVOR ANY PARTY INCLUDING HIMSELF  UNPROFESSIONAL ACTS 4. CORRUPT ACTS E) ALLOWING/ TOLERATING MILITARY SPOUSES AND DEPENDENTS OR DUMMIES TO DEAL OR PARTICIPATE IN ANY FORM OF TRANSACTIONS WITH THE AFP INCLUDING BUT NOT LIMITED TO BIDDINGS AND THE LIKE  UNPROFESSIONAL ACTS 4. CORRUPT ACTS F) UTILIZATION/ DISPOSITION/ EMPLOYMENT OF AFP PERSONNEL INCLUDING BUT NOT LIMITED TO FAMILY/ PERSONAL DRIVERS, HOUSEBOYS, SECURITY GUARDS AND THE LIKE G) UTILIZATION/ DISPOSITION/ EMPLOYMENT OF AFP MATERIAL RESOURCES FOR PERSONAL/ FAMILY USE INCLUDING BUT NOT LIMITED TO VEHICLES, OFFICE SUPPLIES, POL PRODUCTS H) RECEIVING/ ACCEPTING/ DEMANDING OR INSINUATING TO RECEIVE GIFTS IN ANY FORM OR OCCASION HUMAN RIGHTS SCOPE OF PRESENTATION CAPABLE CREDIBLE SUSTAINABLE ❑ Video Presentation – The Story of Human Rights ❑ Definition of Human Rights ❑ Characteristics and Recipient of HR ❑ Classification of HR ❑ State and Individual Obligations ❑ CHR and Powers ❑ AFP Stand on Human Rights ❑ Writ of Amparo – Secretary of National Defense vs. Manalo (2008) and Deduro vs. Vinoya (2023) ❑ Check on Learning 2 CAPABLE CREDIBLE SUSTAINABLE 3 CAPABLE CREDIBLE SUSTAINABLE 4  CAPABLE CREDIBLE SUSTAINABLE “Those less aware of the LAWS are more likely to violate them.” - Inter-Parliamentary Union, 1997 5 DEFINITION OF HUMAN RIGHTS CAPABLE CREDIBLE SUSTAINABLE UN Definition - Those rights which are inherent in our nature and without which we cannot live as human beings. CHR Definition - The supreme, inherent, and inalienable rights to life, to dignity, and to self-development. It is the essence of these rights that makes man human. 6 CAPABLE CREDIBLE SUSTAINABLE 7 CHARACTERISTICS OF HUMAN RIGHTS CAPABLE CREDIBLE SUSTAINABLE 1. Inherent – innate, natural, inborn in us. Not granted by any authority. Do not need any event for their existence. 2. Fundamental – basic, essential, primary. Without them, the life and dignity of man will be meaningless. 3. Inalienable – cannot be separated, transferred, or taken away from an individual. Cannot be given away or forfeited. 8 CHARACTERISTICS OF HUMAN RIGHTS CAPABLE CREDIBLE SUSTAINABLE 4. Universal – HR belongs to all people, regardless of their sex, race, color, language, natural origin, age, class, religion, or political beliefs. 5. Indivisible – cannot be divided and cannot be denied even when other rights have already been enjoyed. 6. Inter-Related and Interdependent – become sources of other rights, e.g., From our right to life – right to clean air, right to food, right to work, right to clothing, etc. 9 RECIPIENT : CAPABLE CREDIBLE SUSTAINABLE 1. INDIVIDUAL RIGHTS OR RIGHTS OF MAN – Rights accorded to individuals. - Right to life - Right to dignity – right to recognition everywhere as a person, to honor and reputation, to freedom of thought, conscience etc. - Right to self-develop – Right to education, to share in the cultural life of our community. 10 RECIPIENT CAPABLE CREDIBLE SUSTAINABLE 2. COLLECTIVE RIGHTS – People’s rights/solidarity rights and rights of society. Can be enjoyed only in the company of others. - Right of people as people to survive – right to peace, non-aggression, to share in international trade - Right of people to self-determination – freedom from all forms of racial discrimination - Right to develop as a people – rights freely to choose the goals and means of development, and to implement social and economic reforms that ensure the participation of all the people in the process and benefits of development 11 CAPABLE CREDIBLE SUSTAINABLE 12 CAPABLE CREDIBLE SUSTAINABLE 13 ACCORDING TO SOURCE CAPABLE CREDIBLE SUSTAINABLE 1. NATURAL RIGHTS – God-given rights. May be unwritten but acknowledged by everyone as morally good. Prevail as norms of society. Right to life, liberty, and property. 2. CONSTITUTIONAL RIGHTS – enshrined in the Constitution. Cannot be removed unless amended or changed. 3. STATUTORY RIGHTS – Rights provided by law, promulgated by a law-making body, and may be abolished by the same body. Ex. Magna Carta of Women, Anti-Torture Act, Anti Enforced or Involuntary Disappearance Act, Special Protection of Women and Children Against Abuse, etc. 14  CAPABLE CREDIBLE SUSTAINABLE GENESIS – Garden of Eden Adam and Eve 1. Sinabihan na bawal 2. Tinanong 3. Pinarusahan 15 10 COMMANDMENTS CAPABLE CREDIBLE SUSTAINABLE ❑ Honor your father and your mother – Respect the rights of your parents ❑ Thou shall not kill – Right to life; murder, homicide, parricide, infanticide ❑ Thou shall not commit adultery – Right to found a family, to marry ❑ Thou shall not steal – Right to property; theft, robbery ❑ Thou shall not give false testimony against your neighbor – Respect the right to honor and reputation; perjury ❑ Thou shall not covet your neighbor’s wife – Respect for women; Adultery/Concubinage 16 1987 CONSTITUTION, ART. III BILL OF RIGHTS CAPABLE CREDIBLE SUSTAINABLE 17 ACCORDING TO SOURCE CAPABLE CREDIBLE SUSTAINABLE 4. INTERNATIONAL AGREEMENTS 1987 Constitution: Adopts the generally-accepted principles of international law as part of the law of the land ❑ International Bill of Human Rights Universal Declaration of Human Rights (1948) International Covenant on Economic, Social and Cultural Rights (1966) International Covenant on Civil and Political Rights (1966) and its two Optional Protocols ❑ Others: CEDAW - Convention on the Elimination of All Forms of Discrimination against Women (1981); CAT - Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (1986); CRC - Convention on the Rights of the Child (1990), etc. 18 ACCORDING TO ASPECT OF LIFE CAPABLE CREDIBLE SUSTAINABLE 1. Civil Rights – Rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means and happiness. Ex. Right to life, freedom of expression, right to religion, right to sexual orientation 2. Political Rights – Rights that enable us to participate in running the affairs of the government either directly or indirectly. Ex. Right to vote, the right to information on matters of public concern 19 ACCORDING TO ASPECT OF LIFE CAPABLE CREDIBLE SUSTAINABLE 3. Economic and Social Rights – those which the law confers upon the people to enable them to achieve social and economic development, thereby ensuring them their well-being, happiness, and financial security. Ex. Right to property, education, and promotion of social justice. 4. Cultural Rights – rights that ensure the well-being of the individual and fortune preservation, enrichment, and dynamic evolution of national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression. 20 CAPABLE CREDIBLE SUSTAINABLE 21 ACCORDING TO DEROGABILITY CAPABLE CREDIBLE SUSTAINABLE 1. Non-Derogable or Absolute Rights – those that cannot be suspended nor taken away nor restricted/limited even in extreme emergency. Ex. Freedom from torture, cruel, inhumane or degrading punishment or treatment; freedom from slavery and servitude; freedom from imprisonment for non-payment of debt; prohibition on prolonged arbitrary detention; freedom from ex-post facto law 2. Derogable/Not Absolute Rights – rights that may be suspended or restricted. Ex. Right to travel (pandemic). Has to satisfy three conditions in order to be suspended/limited: (a) Provided for by law; (b) State of emergency which necessities the urgent preservation of the public good, safety, and moral; and (c) Does not exceed what is strictly necessary to achieve the purpose. 22 STATE OBLIGATIONS TO HUMAN CAPABLE CREDIBLE SUSTAINABLE RIGHTS Obligation to FULFILL: Requires the State to take measures to ensure for each person within its jurisdiction opportunities to obtain satisfaction of those needs, recognized in the human rights instruments, which cannot be secured by personal efforts Obligation to RESPECT: Requires the State and all its organs & agents to abstain from doing anything that violates the integrity of individual or fringes on his/her freedom Obligation to PROTECT: Requires the State & its agents the measures necessary to prevent other individuals or groups from violating the integrity, freedom of action, or the HR of the individual 23 CAPABLE CREDIBLE SUSTAINABLE 24 INDIVIDUAL OBLIGATIONS TO HUMAN RIGHTS CAPABLE CREDIBLE SUSTAINABLE 25 CAPABLE CREDIBLE SUSTAINABLE 26 COMMISSION ON HUMAN RIGHTS CAPABLE CREDIBLE SUSTAINABLE ❑ Created under the 1987 Constitution, established on 5 May 1987 by virtue of EO 163 as an independent office. It superseded the Presidential Committee on Human Rights ❑ Powers Investigate, motu proprio, or upon complaint all forms of human rights violations (Cariño vs. CHR, 1991: investigate, i.e., receive evidence and make findings of fact as regards claimed HR violations. But it cannot try and decide cases (or hear and determine causes) as courts of justice, or even quasi-judicial bodies do. The CHR can refer the matter to the appropriate Government agency or tribunal for assistance; in this case, that would be the Civil Service Commission) o It may grant immunity from prosecution to persons who can be used as witnesses o Request assistance of any department, bureau, office, or agency in the conduct of its investigation or in extending such remedy as may be required by its findings Exercise visitorial powers over jails, prisons, or detentions facilities Recommend to the Congress effective measures to promote HR and to provide for compensation to victims of violations of HR, or their families Provides legal measures for the protection of HR of all Filipinos Monitor the Philippine Government’s compliance with international treaty obligations on human rights 27  CAPABLE CREDIBLE SUSTAINABLE As the government is the chief guarantor of order and security, the Constitutional guarantee of the rights to life, liberty and security of person is rendered ineffective if government does not afford protection to these rights especially when they are under threat. Protection includes conducting effective investigations, organization of the government apparatus to extend protection to victims of extralegal killings or enforced disappearances (or threats thereof) and/or their families, and bringing offenders to the bar of justice (Secretary of National Defense vs. Manalo, 2008) 28 AFP STAND ON BASIC ISSUES CAPABLE CREDIBLE SUSTAINABLE Human Rights – the AFP shall respect the inherent dignity of a human being and his rights contained in the Universal Declaration of Human Rights (UDHR) to which our country is a signatory. AFP shall protect and promote these rights. 29 ACCDG TO STUDIES: Reasons for HR CAPABLE CREDIBLE SUSTAINABLE Violations ❑ No knowledge and/or wrong interpretation of the HR-IHL-RoL ❑ Law and order problem by erring personnel ❑ Absence or lack of guidance from the Commander ❑ “Gung Ho” attitude during combat ops ❑ Feeling of impunity – I can get away with it/”Bahala na si CO” ✔ These can be eliminated through advocacy/information dissemination; and Policies or issuance of directives 30 WRIT OF AMPARO CAPABLE CREDIBLE SUSTAINABLE On October 24, 2007, the Supreme Court promulgated the Amparo Rule in light of the prevalence of extralegal killing and enforced disappearances. o "Extralegal killings" are "killings committed without due process of law, i.e., without legal safeguards or judicial proceedings." o ”Enforced disappearances" are "attended by the following characteristics: an arrest, detention or abduction of a person by a government official or organized groups or private individuals acting with the direct or indirect acquiescence of the government; the refusal of the State to disclose the fate or whereabouts of the person concerned or a refusal to acknowledge the deprivation of liberty which places such persons outside the protection of law." The Constitution gave the SC an expanded power in response to the Filipino experience of the martial law regime Under A.M. No. 07-9-12-SC or the Rule on the Writ of Amparo, the petition for a writ of amparo is a remedy available to any person whose right to life, liberty, or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity. 31 Secretary of National Defense vs. Manalo (2008) CAPABLE CREDIBLE SUSTAINABLE First decision on the application of the Rule on the Writ of Amparo In this case, the two respondents, Raymond and Reynaldo Manalo, already escaped from captivity for more than a year and no longer in detention. But they claimed that the people (CAFGUs, who were directly related to the AFP) were still at large and have not been held accountable. They assert that their cause of action consists in the threat to their right to life and liberty, and a violation of their right to security. ISSUE: Whether there is a continuing violation of respondents' right to security. 32 Secretary of National Defense vs. Manalo (2008) CAPABLE CREDIBLE SUSTAINABLE Supreme Court: There is substantial evidence to warrant the conclusion that there is a violation of respondents' right to security as a guarantee of protection by the government. In sum, we conclude that respondents' right to security as "freedom from threat" is violated by the apparent threat to their life, liberty and security of person. Their right to security as a guarantee of protection by the government is likewise violated by the ineffective investigation and protection on the part of the military. 1. The violation of the right to security as freedom from threat to respondents' life, liberty and security. The circumstances of respondents' abduction, detention, torture and escape reasonably support a conclusion that there is an apparent threat that they will again be abducted, tortured, and this time, even executed. These constitute threats to their liberty, security, and life, actionable through a petition for a writ of amparo. 2. The violation of the right to security as protection by the government. The respondents' right to security as "freedom from threat" is violated by the apparent threat to their life, liberty and security of person. Their right to security as a guarantee of protection by the government is likewise violated by the ineffective investigation and protection on the part of the military. 33 Deduro vs. Vinoya (2023) CAPABLE CREDIBLE SUSTAINABLE Deduro is an activist and former representative of the party-list Bayan Muna in the House of Representatives. He claimed that on June 19, 2020, in a meeting of the Iloilo Provincial Peace and Order Council, military officers gave a presentation where Deduro, among others, was explicitly identified as part of the Communist Party of the Philippines-New People’s Army (CPP-NPA) hierarchy. The military officers were under the command of Maj. Gen. Vinoya, the Commanding Officer of the Philippine Army’s 3rd Infantry Division. This was later reported by Bombo Radyo Iloilo and the Philippine News Agency. He filed a petition for a writ of amparo before the RTC to enjoin Maj. Gen. Vinoya and his subordinates from red-tagging and harassing him. The RTC dismissed Deduro’s petition, finding his allegations of red-tagging insufficient to be considered threats to his life, liberty, and security. ISSUE: Whether the petitioner is entitled to the reliefs prayed for 34 Deduro vs. Vinoya (2023) CAPABLE CREDIBLE SUSTAINABLE Supreme Court: There’s a prima facie evidence in Deduro’s petition warranting the issuance of a writ of amparo. Red-tagging, vilification, labelling, and guilt by association constitute threats to a person’s right to life, liberty, or security. One form of such threats is the act of red-tagging, acknowledged by international organizations as a form of harassment and intimidation. Labelling a person “red” often comes with frequent surveillance, direct harassment, and in some instances, eventual death. As being associated with communists or terrorists makes the red-tagged person a target of vigilantes, paramilitary groups, or even State agents, it is easy to understand why a person may fear that being red-tagged puts their life and security at risk. In Deduro’s case, the supposed meeting where he and other activists were identified, when viewed together with the killings of some of these identified persons, may, if true, justify the issuance of the writ of amparo. Although it is uncertain whether such “red-baiting” threats ripen into actual abduction or killing of supposed “reds,” Deduro should not be expected to “await his own abduction, or worse, death, or even that the supposed responsible persons directly admit their role in the threats to [his] life, liberty, or security…” The Court reversed the RTC’s dismissal order and required it to conduct a summary hearing to ensure that Deduro’s cause of action and Gen. Maj. Vinoya’s defense are fully heard. 35 CAPABLE CREDIBLE SUSTAINABLE 36 CHECK ON LEARNING CAPABLE CREDIBLE SUSTAINABLE 1. Art. III, Sec. 1 Bill of Rights: No person shall be deprived of life, liberty or property without ______________. a) Arrest/Search Warrant b) Due process of law c) Evidence 2. What is the aspect of HR which gives the people the right to participate in the establishment or administration of the government? a) Human rights b) Political rights c) Civil rights 37 CHECK ON LEARNING CAPABLE CREDIBLE SUSTAINABLE 3. What is not considered as a characteristic of Human Rights? a) Inalienable b) Divisible c) Inherent 4. These rights impose limitations on the power of the government as a means of securing the enjoyment of those rights a) Human rights b) Political rights c) Civil rights 38 CHECK ON LEARNING CAPABLE CREDIBLE SUSTAINABLE 5. Human Rights are granted by the government a) True b) False 6. Human Rights are the basic rights and freedoms that belong to every person in the world, from birth to death a) True b) False 39  CAPABLE CREDIBLE SUSTAINABLE “NO cause is more worthy than the cause of human rights. Human rights are more than legal concepts: they are the essence of man. They are what makes man human. Deny them and you deny man’s humanity.” – Jose W. Diokno, father of human rights 40  END OF PRESENTATION CAPABLE CREDIBLE SUSTAINABLE INTERNATIONAL HUMANITARIAN LAW  SCOPE OF PRESENTATION ✔BACKGROUND. ✔THE NEED FOR COMPLIANCE ✔HOW THE LAW EVOLVED. ✔WHEN DOES THE LAW APPLY? ✔THE BASIC PRINCIPLES OF THE LAW  WHAT IS INTERNATIONAL HUMANITARIAN LAW “LAWS ARE SILENT AMIDST THE CLASH OF ARMS”. - Cicero FLAG OF TRUCE RED CROSS PROTECTIVE EMBLEM CAPTURED COMBATANTS CAPTURED COMBATANTS CIVILIAN  CHECK ON LEARNING 1. What are the elements where human rights are being observed? Flag of truce Red Cross Protective Emblem Captured Combatants Civilian THREE ORANGE CIRCLES  WHEN DOES LAW APPLY? ✔International Armed Conflicts ✔Non-International Armed Conflicts Under the 1945 United Nations Charter, the use of force by one State against another is prohibited (Article 2).States may only only resort to force in the exercise of their inherent right of individual or collective self-defense.  THE NEED FOR COMPLIANCE INDIVIDUAL RESPONSIBILITY - Every member of the Armed Forces, regardless of rank, has the personal responsibility to comply with the law of armed conflict.  THE NEED FOR COMPLIANCE COMMANDERS RESPONSIBILITY- -Ensure that personnel under their command are trained in the rules of armed conflict; -Give lawful order; -Ensure that their orders are lawfully carried out by their subordinates; -Report violation by members of enemy or allied forces.  THE NEED FOR COMPLIANCE STATE RESPONSIBILITY -States signatory to the Geneva Conventions undertake to respect and to ensure respect for the Conventions in all circumstances.  IN SHORT: IT IS DEVELOPED TO LIMIT THE USE OF VIOLENCE BY: PROTECTING- persons who do not take part or who have ceased to tae part in hostilities, such as: Civilians; Medical and Religious personnel; Combatants who have stopped fighting because they are wounded or captured. LIMITING- violence to what is necessary to achieve the military aim.  BASIC PRINCIPLES OF ARMED CONFLICT ✔ DISTINCTION – distinguish between combatants and civilians or the civilian population as such. ✔Military Objectives vs Civilian Objects ✔PROPORTIONALITY- When military objectives are attacked, civilians and civilian objects must be spared from incidental or collateral damage to the maximum extent possible.  BASIC PRINCIPLES OF ARMED CONFLICT ✔MILITARY NECESSITY- Only legitimate object which States should endeavor to accomplish during war is to weaken the military forces of the enemy. ✔LIMITATION- The right of the parties involved to choose methods and means of warfare is not unlimited.  HOW THE LAW EVOLVED CUSTOMARY INTERNATIONAL LAW- based on customs, traditions, experience. For example: The prohibition of using “Poison” as a form of warfare. GENEVA LAW- aimed at protecting victims of conflict who are in the power of the adversary.  HOW THE LAW EVOLVED HAGUE LAW- lay down rules for the conduct of operations, on how fighting is to be carried out, by stating , for example, what you can attack and how you should attack it.  CHECK ON LEARNING 1. When does the Human Rights law applied? International Armed Conflicts Non International Armed Conflicts 2. How does the Human Rights law evolved? Customary International Law Geneva Law Hague Law QUESTIONS?  RULES OF ENGAGEMENT  DEFINITION 1.Directives issued by competent military authority that specify the circumstances and limitations under which forces will initiate and/or continue combat engagement with other forces encountered. 2.The ROE reflect the requirements of the law of war, operational concerns, and political considerations when military force shifts from peace to conflict or war, and back to the peace phase of an operation.  PURPOSES OF THE ROE 1.Detail how military force may be applied. 2.Control the application of force to achieve national/multinational objective. 3.Provide authorization for use of force, positioning and posturing, employment of specific capabilities. 4.Sets forth the rules and regulations to be strictly adhered to and observed by AFP units involved in law enforcement operations, in lead or support role. 5.To preclude the unnecessary and/or excessive deployment/employment of force.  PURPOSES OF THE ROE Whatever their form, they provide authorisation for and/or limits on, among other things, the use of force, the positioning and posturing of forces, and the employment of certain specific capabilities. In some nations, ROE have the status of guidance to military forces; in other nations, ROE are lawful commands.  APPLICABLE LAW AND POLICIES International Law – Conduct of Military operations is governed by international law, including Law of Armed Conflict (LOAC), and applicable international human rights law. Nations are bound by Geneva Law and Hague Law. Nations may have different treaty obligations and differing interpretations and /or application of these laws.  APPLICABLE LAW AND POLICIES National Laws – Armed forces of each nation must comply with their own national laws. For example, national laws of some nations may restrict the ability of forces to use force, in particular deadly force, to protect others or to defend property.  APPLICABLE LAW AND POLICIES National Policy – In the same way that nations may have different legal positions on certain issues, the planning and conduct of military operations must take into account differing national policy positions. Some military options, available under both international and national law, may not come within national policy intent, either generally or with respect to a specific operation.  APPLICABLE LAW AND POLICIES Multinational Operations – In multi-national operationsparticipating nations should operate under coherent ROE arrangements. Policy and legal differences can lead to different ROE among the members of a multinational force. Different ROE can be a source of friction in conducting operations. HOW ROE ARE DEVELOPED HOW ROE ARE DEVELOPED HOW ROE ARE DEVELOPED HOW ROE ARE DEVELOPED  GENERAL RULES Armed Response The use of armed action should be employed only after all peaceful means have been exhausted The use of force, including firearms, is justifiable only by virtue of impulse of self-defense in order to avoid an actual, immediate and unjust or unlawful aggression and protect a person unlawfully attacked. (Self-defense) The use of force, especially in determining the appropriate type/kind of firearm, shall be considered to avoid crossfire casualties and prevent collateral damage to third parties.  GENERAL RULES A proportionate force to neutralize the suspect and/or vehicle is sufficient. megaphones shall As much as practicable, sirens and be used to influence/warn offenders/suspects to stop and/or give up peacefully. In case of actual shoot-out, panic firing should be avoided. The designated leader of the employed unit/team should see to it that his subordinates fire their firearms only when necessary. Deadly force = “up to and including”  GENERAL RULES Non-Compromise with Terrorists The AFP shall not compromise with concession to terrorists even if it involves nor make any the personnel and destruction of its assets. The AFP shall act life of its promptly, decisively, and effectively, choosing from the whole range of military action appropriate to the circumstances. GENERAL RULES GENERAL RULES GENERAL RULES  GENERAL RULES Command Responsibility SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES SPECIFIC RULES QUESTIONS ? BASIC GAD CONCEPTS SCOPE OF PRESENTATION BASIC GAD CONCEPTS MAGNA CARTA OF WOMEN MATERNITY LEAVE LAW SAFE SPACES ACT  BASIC GAD CONCEPTS Gender Sensitivity Trainings starts with understanding the difference of the concepts of Sex and Gender, and how our gender roles and identities were shaped by society and cultural traditions and norms.  BASIC GAD CONCEPTS Understanding the difference between SEX and GENDER clevelandclarion.com  BASIC GAD CONCEPTS is concerned with differentiating people based on biological attributes or human anatomy such as: SEX physical - genitals, reproductive organs genetic - chromosomes, hormones label - female or male; man or woman  Because of Sex, there are designated sex/biological roles of men and women! Impregnation Getting pregnant Giving birth  BASIC GAD CONCEPTS are the culturally associated GENDER characteristics, attitudes, feelings, and behaviors that SOCIETY expects of females and males is concerned with differentiating people based on perceptions, roles, and social expectations It is concerned with femininity or masculinity based on social perceptions and expectations BASIC GAD CONCEPTS THEREFORE … Gender is learned or acquired, and changes from country to country or through time.  The only difference between men and women lies in their SEX (biological attributes and roles defined by biology) but never in their GENDER… If that is the case, then why is the gender roles & identities of men and women different? TheWhat Influences assignment of Gender gender Roles roles, & Identities? responsibilities, characteristics and expectations by society created a divide between men and women as they were put in their respective boxes – - Macho - Weak - Brave - Submissive - Caretaker - Fighter - Cry baby - Leader - Martyr - Breadwinner - Fickle-minded - - Moody Decision-mak er - Polygamous  Hence, certain roles, traits and characteristics are assigned or ascribed distinctly and strictly to women or to men LIMITATIONS  These LIMITATIONS on men, and more particularly on WOMEN hinder their potentials to develop, thereby resulting to gender biases. And Its Manifestations  refers ⦿ Cultural beliefs ⦿ Perceptions ✔ to… that creates gender disparity ⦿ Practices (hindi ⦿ Values pagkakapantay-pantay) ⦿ Roles between women and men. ⦿ Attitudes ⦿ Structural ✔ that discriminates on either arrangements women or men, and prevents them to fully develop.  MANIFESTATIONS OF GENDER BIAS: Gender Stereotyping Political Subordination Double/multiple burden Marginalization Gender Division of Labor Gender-Based Violence VEHICLES IN TRANSMITTING GENDER BIASES How are these Gender Biases transmitted from one generation to another generation? GENDER BIASES ARE TRANSMITTED Family Religion Self School Tri-Media Government GENDER BIASES AND GENDER ISSUES Gender Biases result in GENDER ISSUES. Because gender biases result to unequal treatment, status and conditions of women and men. GENDER BIASES AND GENDER ISSUES  GENDER BIASES AND GENDER ISSUES Gender issues refers to the challenges faced by both women and men, but more particularly of women, due to the unequal treatment, status or conditions we impose on them. Reflected in and perpetuated by laws, policies, procedures, structural arrangements and practices.  GENDER ISSUES Are gender issues reflected in our Laws? GENDER ISSUES IN LAWS Family Code Revised Penal Code GENDER ISSUES IN LAWS On the exercise of Family Code parental consent to marry Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twentyone, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. GENDER ISSUES IN LAWS Section 4. Ownership, Family Code Administration, Enjoyment and Disposition of Community Property Arts. 96 and 124. The Administration and enjoyment of the community property/conjugal property shall belong to both spouses jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to the court by the wife for a proper remedy… GENDER ISSUES IN LAWS Family Code Title IX – Parental Authority Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary. GENDER ISSUES IN LAWS Chapter 4. Effect of Family Code Parental Authority Upon the Property of the Children Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of their unemancipated common child without the necessity of a court appointment. In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary.  GENDER ISSUES IN LAWS Manifestation of Gender Bias and Family Code Provision corresponding Gender Issue ✔ Double Standard as women are Articles 96 and 124, Marginalization given the burden to prove that the administration of property decision of the husband will not redound to the benefit of the family. Subordination ✔ The law automatically favors the Article 14, parental consent decision of the husbands because Article 211, parental authority women are stereotyped as fickle minded while men are logical beings. Article 225, effect of parental authority Gender Stereotyping ✔ The law promotes economic violence as women are not given equal right to access and administer conjugal GBV properties.  GENDER ISSUES IN LAWS Amendments? Family Code Provision Articles 96 and 124, administration of property Article 14, parental consent Article 211, parental authority Article 225, effect of parental authority  GENDER ISSUES IN LAWS Revised Penal Code Adultery (Art. 333) vs. Concubinage (Art. 334) Who are guilty of adultery – Who are guilty – Adultery is committed by any MARRIED Any HUSBAND who shall keep a WOMAN who shall have sexual intercourse mistress in the conjugal dwelling, or shall have sexual intercourse under with a man not her husband and by the scandalous circumstances, with a man who has carnal knowledge of her, woman who is not his wife, or shall cohabit with her in any other place, knowing her to be married… Adultery shall be punished by prision shall be punished by prision correccional correccional in its minimum and in its medium and maximum periods. medium periods.  Revised Penal Code Difference: Penalty Both are punishable by prision correccional HOWEVER… Adultery: Concubinage: – “in its medium (2 years, 4 – “in its minimum (6 months months and 1 day to 4 years) and 1 day to 2 years and 4 and maximum periods (4 months) and medium (2 years, 2 months and 1 day to years, 4 months and 1 day 6 years)” to 4 years)”  Difference: Commission of the Crime Revised Penal Code Adultery: Concubinage: ◦ Single sexual intercourse ◦ A married man is liable only when he may constitute a crime. does any of the following acts: By keeping a mistress in the conjugal dwelling; By having sexual intercourse under scandalous circumstances with a woman not his wife; By cohabiting with her in any other place.  Act 3815 - Revised Penal Republic Act 10158 (March 2012) Code (1930) SECTION 1. Article 202 of the Revised Penal Code is hereby, Article 202. Vagrants and amended to read as follows: Prostitutes – …. For purposes of this “Article 202. Prostitutes; Penalty. – For the purposes of article, women, who for this article, women who, for money or profit, habitually money or profit, habitually indulge in sexual indulge in sexual intercourse intercourse or lascivious or lascivious conduct, are conduct, are deemed to be deemed to be prostitutes. prostitutes.  Revised Penal Code Total Extinction of Criminal Liability Art. 89. How criminal liability is totally extinguished. – Criminal liability is totally extinguished: 7. By the marriage of the offended woman, as provided in Article 334 of this Code. “Art. 334, last par.: In cases of Seduction, Abduction, Rape and Acts of Lasciviousness (SARA), the marriage of the offender with the offended party shall extinguished the criminal action or remit the penalty already imposed.  GENDER ISSUES IN LAWS Manifestation of Gender Bias and corresponding Family Code Provision Gender Issue Article 333 and Article 334 – Marginalization ✔ Double Standard on women, devaluing the dignity of the women Adultery vs. Concubinage Article 202 – Definition of ✔ Prostitutes as reinstated in Gender Stereotyping Women are labelled as prostitutes RA 10158 Article 89, par. 7 – Total Subordination ✔ Following parent’s decision that will Extinction of Criminal result to pre-mature marriages. Liability  GENDER BIASES AND GENDER ISSUES Our Gender Biases are reflected in our work outputs There should be tougher Women are fickle penalties for women who will minded, they should commit marital infidelity not decide for the because they should be family… morally upright - “Sila ang Men do not engage in ilaw ng tahanan”… prostitution…  GENDER BIASES AND GENDER ISSUES Remember that… Our beliefs, ideas, attitudes, behaviors, and even the systems that we create are the causes of gender issues which block peoples’ capacity to do and capacity to be. GENDER ISSUES How do we address gender issues? IMPLEMENTATION OF GENDER AND DEVELOPMENT INITIATIVES GENDER ISSUES DEFINED....  What is Gender and Development? ✔ GAD is a development approach that promotes gender equality and women empowerment. GENDER EQUALITY means EQUALITY IN RESULTS ---- that all development initiatives should be geared towards improving the welfare and condition of women and men. WOMEN EMPOWERMENT refers to the provision, availability, and accessibility of opportunities, services, and observance of human rights which enable women to actively participate and contribute to the political, economic, social, and cultural development of the nation  What is Gender and Development? ✔ GAD upholds the concepts of participatory decision-making, empowerment, equity in distribution of resources and opportunities, respect for human rights, freedom from violence and support for self-determination and actualization of the fullest human potential. (Republic Act 9710, Magna Carta of Women) ✔ GAD focuses on the principle that development is for all. Everyone in society, female or male, has the right to equal opportunities to achieve a full and satisfying life, thereby achieving GENDER EQUALITY.  6 Core Principles of Gender and Development ✔ Participatory decision-making; ✔ Empowerment; ✔ Equity in the distribution of resources and opportunities; ✔ Freedom from violence; ✔ Respect for human rights; and ✔ Support for self-determination and actualization of human potentials. GENDER EQUALITY THRU PEOPLE DEVELOPMENT AND EMPOWERMENT What is the Magna Carta? ⚫ The Magna Carta of Women is a comprehensive women’s human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women, especially those in the marginalized sectors. Background of RA 9710 ✔ 14 August 2009 – signed by President Gloria Macapagal-Arroyo in Malacañang Palace ❑ 31 August 2009 – published in 2 major newspapers (PDI and Malaya) ❑ 15 September 2009 – law’s effectivity date ❑ October-December 2009 – Technical Drafting Committee conducted cluster consultations with representatives from government agencies and women’s NGOs ❑ 17 March 2010 – presented the first draft of the IRR to the PCW Board of Commissioners (BOC) ❑ 30 March 2010 – PCW BOC adopted the MCW IRR ❑ 25 June 2010- MCW IRR published in Malaya newspaper  IsMAGNA CARTA the local version ofOF WOMEN the UN CEDAW* UN CEDAW* – United Nations Convention on the Elimination of all forms of Discrimination Against Women It is also known as International Bill of Rights of Women Women’s Convention United Nations Treaty for the Rights of Women The Philippines signed the CEDAW on 17 July 1980 and ratified it on 19 July 1981.  Declaration of Policy Affirms the role of women in nation building. Ensures the substantive equality of women and men. Condemns discrimination against women by ensuring that women are accorded the rights, protection, and opportunities available to every member of society, in keeping with CEDAW and other International Instruments, and consistent with Philippine Law. Affirms women’s rights as human rights and shall intensify its efforts to fulfill its duties under international and domestic law. Provide the necessary mechanisms to enforce women’s rights and adopt and undertake all legal measures necessary to foster and promote the equal opportunity for women to participate in and contribute to the development. MAGNA CARTA OF WOMEN Has 6 Chapters and 47 Sections. Provides for the rights of women in general and the specific rights of women in the marginalized sector. Provides for the institutional mechanism to ensure gender mainstreaming, which includes implementation of its provision. Provides sanctions for non-compliance. Defines who are the WOMEN in the MILITARY. (Section 18) GAD Mandates for the AFP Chapter II: Definition of Terms WOMEN IN THE MILITARY ⚫ refers to women employed in the military, both in the major and technical services, who are performing combat and/or non-combat functions, providing security to the State, and protecting the people from various forms of threat. ⚫ It also includes women trainees in all military training institutions.  AFP Requirements under Republic Act 9710 Under Section 18 of the Magna Carta of Women (MCW) IRR, the AFP is mandated to abolish all unequal structures and practices that perpetuate gender discrimination and inequality in the organization by developing plans, policies, programs, measures, and mechanisms in addressing identified discrimination and inequalities. National GAD Resource Program Philippine Commission on Women  AFP Requirements under Republic Act 9710 Guarantee that women in the military shall not be subjected to harassment and violence, including verbal and sexual abuses in all stages of their recruitment, training and service. Undertake to ensure that its policies, systems and procedures shall guarantee that – Same privileges and opportunities in terms of pay increases, additional remunerations, and benefits and award shall be accorded to men and women; National GAD Resource Program Philippine Commission on Women  AFP Requirements under Republic Act 9710 Undertake to ensure that its policies, systems and procedures shall guarantee that – – Equal consideration shall be given to men and women in the area or field of assignment; – Restrictions on women from availing both combat and non-combatant trainings shall be abolished; National GAD Resource Program Philippine Commission on Women  AFP Requirements under Republic Act 9710 Undertake to ensure that its policies, systems and procedures shall guarantee that – – Women shall not be discriminated in appointments to any key position; – Physical Fitness Tests (PFT) to be administered on women uniformed personnel in the military shall be based on standards, set by the respective agencies taking into consideration women’s physical and biological built, and that the said test shall be conducted by doctors, practitioners or tactical officers of the same sex; National GAD Resource Program Philippine Commission on Women  AFP Requirements under Republic Act 9710 Undertake to ensure that its policies, systems and procedures shall guarantee that – – Women and men shall be accorded the same capacity to act in and enter into contracts, including marriage; – Qualified enlisted women personnel shall not be denied of promotion to the highest non-commissioned officer position in the military; National GAD Resource Program Philippine Commission on Women  AFP Requirements under Republic Act 9710 Undertake to ensure that its policies, systems and procedures shall guarantee that – – Decent billeting facilities and quartering separate from men regardless of location or type of assignment shall be established for its women uniformed personnel; – Child-care facility, child-minding room or breastfeeding room for women in the military as well as for women civilian employees shall be established; National GAD Resource Program Philippine Commission on Women  AFP Requirements under Republic Act 9710 Undertake to ensure that its policies, systems and procedures shall guarantee that – – Well-fitting personal protective equipment and other operational equipment that shall ensure their safety while in the performance of their duties shall be provided to women uniformed personnel; – Women’s Desks, and Committee on Decorum and Investigation in all military units and training institutions that shall take charge of cases affecting women in the military and civilian employees shall be established and/or strengthened. National GAD Resource Program Philippine Commission on Women  AFP Requirements under Republic Act 9710 Undertake to ensure that its policies, systems and procedures shall guarantee that – – Policies on uniforms that will allow women to wear pants and appropriately low-heeled shoes in the conduct of operational duties and performance of administrative functions shall be revised; and – The quota for female admission into all officer-candidate and non-officer schools and institutions in the military, including but not limited to the Philippine Military Academy (PMA and the Officer Candidate School (OCS) shall be increased to twenty percent (20%). National GAD Resource Program Philippine Commission on Women  AFP Requirements under Republic Act 9710 Undertake temporary special measures to accelerate the participation and equitable representation of women in decision-making and policy-making processes by capacitating women employees to strengthen their qualifications and performance to compete for third-level positions (Sec. 14, IRR) Develop and promote gender-sensitive curriculum (program of instruction) in all of its military training school through integration of gender and development concepts and principles (Sec. 16, IRR) National GAD Resource Program Philippine Commission on Women  AFP Requirements under Republic Act 9710 Develop gender-fair instructional material by ensuring the use of gender-sensitive language in all teaching methods and instructional materials(Sec. 16, IRR) Implement a capacity building program on gender, peace and human rights education for their officials, faculty and non-teaching staff and personnel (Sec. 16, IRR) National GAD Resource Program Philippine Commission on Women  AFP Requirements under Republic Act 9710 Ensure that AFP-managed and operated hospitals shall provide comprehensive health services and information aimed at the prevention and treatment of diseases affecting women, as well as policies to provide and enable access to a full range of high quality and affordable health care services (Sec. 20, IRR) National GAD Resource Program Philippine Commission on Women  AFP Requirements under Republic Act 9710 All women shall be protected from all forms of violence as provided for in existing laws. Agencies of government shall give priority to the defense and protection of women against gender based offenses and help women attain justice and healing. – All government personnel involved in the protection and defense of women against gender-based violence shall undergo a mandatory training on human rights and gender sensitivity. (Section 9) National GAD Resource Program Philippine Commission on Women.  AFP Requirements under Republic Act 9710 Ensure that in its peace process initiatives (Sec. 32, IRR), it shall: – Increase the number of women participating in discussions and decision-making in the peace process, especially the full participation of grassroots women organizations – Ensure implementation of UNSCR Resolution on women, peace and security – Institute measures for the protection of civilians in conflict-affected communities with special consideration of the specific needs of women and girls. National GAD Resource Program Philippine Commission on Women  Key Commitments under UNSCR 1325 Gender Balance at Women’s All Levels participation in of Decision-Making Conflict Prevention Protection of and respect For Human Rights of Women’s Women and Girls Women’s participation in participation in Peacekeeping, Post-Conflict Peacemaking and Reconstruction Peacebuilding Processes National GAD Resource Program Philippine Commission on Women  Key Elements of UNSCR 1820 Explicitly links Recognizes sexual violence sexual violence as a tactic of war as a security issue. Demands parties Asserts the to armed conflict importance of to adopt concrete WOMEN’S PARTICIPATION in PROTECTION/PREVENTIO all processes related to N ending sexual violence measures to end in conflict, including sexual violence peace talks National GAD Resource Program Philippine Commission on Women  Institutional Mechanisms ⚫ Monitoring Progress and Implementation and Impact of the Act ⚫ Within 180 days from the adoption of IRR, agencies and LGUs to submit a report on the implementation of the Act. ⚫ Regular reports shall be submitted every January of every year (NGAs to submit to PCW, LGUs to DILG) ⚫ All agencies and LGUs to monitor the effectiveness of their own programs. ⚫ PCW and CHR to consolidate all reports and submit an assessment report to Committee on Oversight of the Congress every 3 years.  Institutional Mechanisms Establishment of incentives and awards systems Funding: 5% GAD budget to be utilized for programs and activities to implement the MCW. The Magna Carta of Women also mandates the State to prioritize allocation of all available resources to effectively fulfill its obligations under the said law.  Institutional Mechanisms ⚫ Commission on Human Rights as Gender and Development