Philippine Constitution
The Constitution
• body of doctrines and practices that form
the fundamental organizing principle
of a political state
• the foundation of the system of
government
• the highest law of the land
• Any law-making body cannot make laws if
these do not correspond with the
constitution.
• It creates the branches, powers, and
responsibilities of the government.
• It defines the executive, legislative and
judiciary branches.
• It tells what powers each of this branch
can do or cannot do - limitations.
The Importance of a Constitution
1. Maintain law and order
2. Impose rules and regulations
3. Protect individual rights and freedom
4. Limits the power of the government
A Well-crafted Constitution is:
1. Broad: comprehensive, must cover all
areas,
otherwise there will be many loopholes
2. Brief: less open to subjective
interpretation,
short not wordy
3. Definite: must be final/sure
Evolution of the Philippine Constitution
The 1897 Constitution of Biak-na-Bato
• Known as Constitución Provisional de la
República de Filipinas
• Drafted by Isabelo Artacho and Félix
Ferrer and was based on the first Cuban
Constitution
The 1897 Constitution of Biak-na-Bato
Division of the Government:
1. The Supreme Council - headed by the
President and the four different secretaries
which was the interior, foreign affairs,
treasury, and war
2. Supreme Council of Grace and Justice -
create decisions, validate and refute the
sentences given by the other courts and to
command rules for the administration of
justice
3. Assembly of the Representatives -
assembled after the revolution to create a
new constitution and choose a new Council
of Government and Representatives of the
people.
Today, the secretary of war is the same as
the National of Defense and Armed Forces;
the secretary of interior is same as DILG;
and
the supreme council of grace and justice is
similar to today’s supreme court.
not so clear - All because the
Spanish regime had ended.
The 1899 Malolos Constitution
Made after the independence of the
Philippines
• Installed the First Republic
• was the first republican constitution in Asia
• Not widely used, not spread, short-lived,
not so clear - All because the Spanish
regime had ended.
The 1899 Malolos Constitution
Main Declarations
1. Sovereignty resides exclusively in the
people
2. Stated basic civil rights
3. Separated the church and the state
4. Called for the creation of an assembly of
representatives to act as the legislative
body
5. Called for a parliamentary republic as the
form of government
6. President was elected for a term of four
years by a majority of the Assembly
Malolos and Biak na Bato Constitutions
have similar provisions because they got a
lot of inspiration from the Cuban
Constitution.
Malolos was also short-lived because the
Americans came. The Americans did not
welcome/honor any specific constitution
because they thought that the Filipinos
were not ready yet.
Acts of the United States Congress
The Philippine Organic Act of 1902 - Cooper
Act: The first organic law for the Philippine
Islands enacted by the United States
Congress
• Provided for the creation of a popularly
elected Philippine Assembly
• Legislative power would be vested in a
bicameral legislature composed of the
Philippine Commission (upper house) and
the Philippine Assembly (lower house)
The Philippine Autonomy Act of 1916 -
Jones Law
Modified the structure of the Philippine
government legislature
• Removed Philippine Commission as the
legislative upper house and replacing it with
a Senate elected by Filipino voters
• Stated that it was and always had been
the purpose of the people of the United
States to renounce their sovereignty over
the Philippine Islands
1935 Commonwealth Constitution
Written, approved and adopted in 1934 by
the Commonwealth of the Philippines
(1935-1946)
• Ratified to prepare the country for its
independence
• Provided for a unicameral legislature
composed of a president and vice president
elected for a six-year term without
re-election; later changed to 4 years with 2
terms
• Amended in 1940 to provide for a
bicameral legislature composed of a Senate
and a House of Representatives
• The creation of an independent electoral
commission
• A controversial Constitutional Convention
was held in 1971 to rewrite the 1935
Constitution
• Removed the presidential term limit so that
Ferdinand E. Marcos could seek re-election
for a third term
• At this time, the US has lesser hold of the
Philippines.
• Similar system we have today.
1943 Japanese-Sponsored Constitution
Recognized as legitimate and binding only
in Japanese controlled areas
of the Philippines
• Ignored by the United States government
and the Philippine Commonwealth
government in-exile
• The constitution conformed with the
principles of the Greater East Asia
Co-Prosperity Sphere (Japan's attempt to
form an economic and military bloc
consisting of nations within East and
Southeast Asia against Western
colonization and manipulation)
1973 Marcos Constitution
Ferdinand Marcos declared Martial Law on
21 September 1972
• Congress enacted RA No. 6132, otherwise
known as the Constitutional Convention Act,
for the purpose of convening a
Constitutional Convention
• In the 1980 amendment, the retirement
age of the members of the judiciary was
extended to 70 years
• Promulgated after Marcos' declaration of
martial law • Formulated the 3 branches of government:
Executive, Legislative and Judiciary
• Provided for the shift from presidential to
parliamentary system of government

• Legislative power was vested in a

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

• The president was the head of state

• Executive power was meant to be

exercised by the Prime Minister

1973 Marcos Constitution

Amendments

1976 - That the President would become

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

1981 - That executive power was restored

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

1984 - Restored the position of

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

1986 Freedom Constitution

• Followed the People Power Revolution

which ousted Ferdinand Marcos as
president

• Granted the President broad powers to

reorganize government and remove officials

• Establishes the Philippines as a

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

1987 Constitution

• Also known as “Anti-Marcos” Constitution

• Upholds national sovereignty

• Gives Philippines a Democratic

Governance and the prevention of
another dictatorship

• Secures respect for human rights and civil

liberties
Ethics
Moral challenges of Globalization
Globalization -describe the growing
interdependence of the world's economies,
cultures, and
populations, brought about by cross-
border trade in goods and services,
technology, and flows of investment,
people, and information.
» promotes and increases interactions
between different regions and
populations around the globe.
4 types of changes globalization
1. A stretching of social, political
and economic activities across
frontiers, regions and continents.
2. intensification of
interconnectedness and flows of
trade, investment, finance,
migration, culture, etc.
3. a speeding up of global
interactions and processes, the
diffusion of ideas, goods,
information, capital and people.
4. deepening impact such that the
effects of distant events can be
highly significant elsewhere &
specific local developments can
come to have considerable global
consequences.
Globalization - deepening impact such that
the effects of distant events can be highly
significant elsewhere & specific local
developments can come to have
considerable global consequences.
Benefits of Globalization
Access to new cultures
- makes it easier than ever to access
foreign culture, including food,
movies, music, and art.
- This free flow of people, goods, art,
and information is the reason you
can have Thai food delivered to your
apartment as you listen to your
favorite UK - based artist or stream a
Bollywood movie.
The Spread of Technology and Innovation
- Many countries around the world
remain constantly connected, so
knowledge and technological
advances travel quickly
Lower Costs for Products
- allows companies to find lower - cost
ways to produce their products.
- increases global competition, which
drives prices down and creates a
larger variety of choices for
consumers.
- Lowered costs help people in both
developing and already - developed
countries live better on less money
Negative Effects of GLOBALIZATION
Sweatshops- a shop or factory in which
employees work for long hours at low
wages and under unhealthy conditions.
PIECE - RATE - the mode of payment
whereby an employee is paid on the basis
of his production, i.e. on the amount or
quantity of work done rather than time
employed
- abuses child labor, sometimes
children as young as five or six.
- mandatory overtime
- sometimes 24 - hour shifts
dangerous, unhealthy workplaces
no protective equipment verbal
intimidation harassment
- forced pregnancy tests and firing of
pregnant women.
- physical and sexual abuse by
supervisors, managers, and armed
guards
- no breaks during the work day, even
to go to the bathroom lock - ins to
prevent workers from stealing or
leaving the factory
- violent ends for those who try to
organize unions
Nike-
Nike is facing issues regarding physical and
verbal abuse towards workers in Indonesian
factories, similar to the ones in sweatshops
in 2005. Workers claimed that supervisors
would “throw shoes at them” and “ slap
them in the face.” These issues are similar
to the ones back in 2005, as workers are
also underpaid , making around “50 cents
an hour.” (2013)
Job Displacement
A shift in skills and education required for
higher - paying jobs.
Technology replacing humans. Job
Displacement
There are more jobs and industry growth,
rising wealth, etc. BUT there are major
issues of human rights and
environmental protection at stake
ENVIRONMENTAL ISSUE
AGRICULTURE - use of rural lands and
development of sustainable farming; -
pesticide/herbicide use; - bioengineering
and genetically modified organisms.
ATMOSPHERE - climate change/global
warming, - acid rain, smog, ozone
depletion.
BIODIVERSITY - “ types of biodiversity
and the plight of endangered
ENERGY - the use of fossil fuels (oil,
coal) - the need to develop alternative
energy sources .
FORESTS - deforestation and regrowth.
FRESH WATERS - changing patterns,
desalination, declining supplies of
freshwater .
ENERGY - the use of fossil fuels (oil,
coal) - the need to develop alternative
energy sources .
MARINE WATERS - threats to the life of
the aquatic organisms in seas
ECOLOGY - disturbance to the
relationships between living organisms,
and their physical environment.
HABITAT LOSS - threats to species
survival, causes, and solutions.
INDUSTRY - the environmental impacts
of industrial globalization .
ECOLOGY - disturbance to the
relationships between living organisms,
and their physical environment.
POPULATION - growth , pressure,
geographic patterns .
Globalization may also lead to..
Corruption any unlawful or improper
behavior that seeks to gain an advantage
through illegitimate means
Bribery means giving or receiving an
unearned reward to influence someone's
behavior. One common form of bribery is a
" kickback " - an unearned reward following
favorable treatment.
Making ETHICAL DECISIONS
ETHICAL DECISIONS
a complex situation where ethical principles
or values are in conflict.
Examples: To whom do I have a duty - self,
family, friends, workers, investors,
consumers, future generation, and so on?
What is a fair or justice resolution? ethical
dilemma
When faced with a difficult ethical dilemma,
we need ethical decision making ability for
resolve it.
It helps one determine the right course of
action or the right thing to do and also
enables one to analyze whether another's
decisions or actions are right or good
What is ethical decision - making ?
- In the context of decision - making ,
your ethics are your personal
standards of right and wrong.
- They are your basis for making
ethically sensitive decisions
ETHICAL DECISION - MAKING - a
cognitive process that considers various
ethical principles, rules, and virtues or the
maintenance of relationships to guide or
judge individual or group decisions or
intended actions
FACTORS THAT AFFECT ETHICAL
DECISION - MAKING
Ethical Issue Intensity
can be defined as the relevance or
importance of an ethical issue in the eyes of
the individual, group, and/or organization.
reflects the ethical sensitivity of the
individual or group that faces the ethical
decision - making process
Individual Factors
Gender - women are generally “more
ethical” than men.
Education or work experience - the more
education or work experience that one has,
the better he or she is at ethical decision
making
Nationality - cultural appears to be
significant in affect of ethical decision -
making
Individual Factors
Age - the older you are, the more ethical
you are.
Locus of control - external control vs.
Internal control •
external control - see themselves as going
with the flow because that's all they can do.
• internal control - believe that they control
the events in their lives by their own effort
and skill
Opportunity
- describes the conditions that limits
or permits ethical or unethical
behavior. -
- results from conditions that either
provide rewards, whether internal or
external or fail to erect barriers
against unethical behavior
Identify the Ethical Problem
The decision - maker must be able to
determine -
if there is a possible violation of an
important ethical principle, societal law, or
organizational standard or policy
• if there are potential consequences that
should be sought or avoided that emanate
from an action being considered to resolve
the problem
Collect Relevant Information
The decision - maker should seek to gather
as much information as possible about
which rights are being forsaken and to what
degree.
A consequential focus would prompt the
decision - maker to attempt to measure the
type, degree, and amount of harm being
inflicted or that will be inflicted on others.
Evaluate the Information
Once the information has been collected,
the decision - maker must apply some type
of standard or assessment criterion to
evaluate the situation.
The decision - maker might use one of the
predominant ethics theories - utilitarianism,
rights, or justice.
Consider Alternatives- The decision -
maker needs to generate a set of possible
action alternatives, such as
- confronting another person's actions
- seeking a higher authority
- stepping in and changing the
direction of what is happening
Make a Decision
The decision - maker should seek the
action an alternative that is supported by the
evaluation criteria used in Step 3.
A decision - maker selects a course of
action that is supported by all the ethics
theories or other evaluation criteria used in
the decision - making process
Act or Implement
The decision - maker, if truly seeking to
resolve the problem being considered must
take action .
Once the action alternatives have been
identified in Step 4 and the optimal
response is selected in Step 5, the action is
taken in Step 6
Review the Action
Once the action has been taken and the
results are known, the decision - maker
should review the consequences of the
action.
If the optimal resolution to the problem is
not achieved, the decision maker may need
to modify the actions being taken or return
to the beginning of the decision - making
process
Justice & Fairness
JOHN RAWLS - an American moral and
political philosopher in the liberal tradition .
- author: A Theory of Justice
- His theory of "justice as fairness"
recommends equal basic rights,
equality of opportunity and
promoting the interests of the least
advantaged members of society
Justice
- giving each person what he or she
deserves.
- in more traditional terms, giving each
person his or her due.
- by definition, w hen something is
just, it is fair.
- Focuses mostly on the standards
and rules of Law in our current
Justice Systems .
FAIRNESS
The freedom from prejudice and quality of
treating people equally.
It is usually dictated by our moral systems
We never rob, we just sort of borrow abit
from those who can afford it
Robin Hood steals money from the rich to
give t0 the poor.
it just? Is it fair?
It is acceptable based on the POV of the
poor, but unjust for the rich
DISTRIBUTIVE JUSTICE- refers to a fair
distribution of goods in a society
CORRECTIVE JUSTICE- for punishment of
criminal cases.
COMPENSATORY JUSTICE - refers to
when people are properly compensated for
their injuries.
TWO PRINCIPLES OF SOCIAL JUSTICE
1 ST PRINCIPLE: LIBERTY PRINCIPLE
- concerned with political institutions
- Everyone has the same basic
liberties which can never be taken
away.
- Rawls included most of the liberties
in the U.S. Bill of Rights, such as
freedom of speech and due process
of law
2 nd PRINCIPLE: EQUALITY PRINCIPLE
- Rawls realized that a society could
not avoid inequalities
- Inequalities result from such things
as one’s inherited qualities, social
class, personal motivation, and even
luck
MILLENNIALS FILINNIALS
3 REASONS that Causes Difference in
Attitudes between Generations
BABY BOOMER - 1946 - 1964
- the first generation to actively
declare a higher priority for work
over personal life .
- they generally distrust authority and
large systems.
- their values were shaped primarily
by a rise in civil rights activism, and
inflation.
- they are more optimistic and open to
change than the prior generation,
 but they are also responsible for the
“ me generation ,” with its pursuit of
personal gratification, which often
shows up as a sense of entitlement
in today’s work force
Millennial / Gen Y - 1981 - 1996
- the first global - centric generation,
having come of age during the rapid
growth of the internet and an
increase in global terrorism.
- among the most resilient in
navigating change while deepening
their appreciation for diversity and
inclusion.
- the most educated generation of
workers today.
- A major influence from Boomer
parents is their willingness to work
hard & set goals to achieve the
lifestyle they want.
- share many of the common values
of patriotism and family from the
Silent era. At times, they can appear
more demanding than previous
generations
FILINNIALS (Filipino Millennials
- described as the “selfie” generation
and followers of social media.
- The social media opened their eyes
that traditional media such as TV,
movies, radio and print are no longer
the source of information.
- They are usually spendthrifts.
- good attitudes which millennials
possess among them are their
politically and social astuteness.
- millennials have their say about
issues and are more involved with
politics and are not squeamish about
revealing their opinions
The Differences of Filinnials from
Millennials
According to the survey of a global study
called, The Truth about the Youth, Filipino
Millennials differ from other countries’
Millennials when it comes to:
- Closeness to family;
- Activeness on social media; and
- Perception on social responsibilities
. 6. Blow the whistle.
These differences steam from the fact that
the unique history and economic, political,
and social conditions in the Philippines
shaped the Filinnials.
ISSUE #1: Same - sex Marriage
Baby boomers take an opposing view on
this issue. They don’t support this because,
for them, marriage is between a man and a
woman. Supporting it will destroy the
sanctity of marriage and a break of tradition.
◊ On the other hand, Millennials take an
agreeable approach on this issue. They
support it as to that everyone, regardless of
gender, must have the right of marriage. ◊
On the Filinnials, tradition and upbringing
may cause a different stance on this issue
ISSUE #2: Pre - marital Sex
Baby boomers and Millennials have
engaged in pre - marital sex, but it’s the
Millennials who are more accepting of it
than Baby boomers.
→ A ccording to a 2015 survey on Sexual
Behaviors in America. In 1970s, 29% said
“nothing is wrong with it at all.” It increased
to 42% by 1980s, 49% by 2000s, and 58%
between 2010 and 2012.
◊ On the Philippine setting, again, tradition,
upbringing and religious views may differ
the stance of Filinnials.
→ However, POPCOM said that 30% of
youngsters ranging from 15 - 19 yrs. old,
have engaged in premarital sex by 2017.
Mostly of this is unprotected, thus, leading
to higher teenage pregnancies in the
country
Ways of Coping Ethical Challenges
According to an article from MSU Online,
there are ways on how to act and react
when faced by an unethical conduct or
ethical dilemma without losing your own
ethics
1. Repeat back and clarify.
2. Ask questions.
3. Focus on someone’s best interests.
4. Suggest an alternative.
5. Escalate .
7. Leave , if necessary
DO’s and DON’T’s When Speaking Up