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University of San Jose-Recoletos Posse Comitatus (Power of the Country)

NATIONAL SERVICE TRAINING PROGRAM This is an ancient obligation of the individual to


CIVIC WELFARE TRAINING SERVICE assist in the protection of the peace and good order of
Cebu City the community in a well-organized government.
Under this power, those persons on the state,
Midterm Examination Coverage country, or town who were charged with the
(First Semester, School Year 2023-2024) maintenance of peace and good order were bound to
pursue and to take all persons who had violated the law.
For that purpose, they might command all the
MODULE 1: REPUBLIC ACT 9163 OTHERWISE KNOWN
male inhabitants of a certain age to assist them. This was
AS THE NATIONAL SERVICE TRAINING PROGRAM (NSTP)
a right well recognized at common law.
LAW
Legal Basis on the Present Laws:
REPUBLIC ACT 9163: “National Service Training Program
A. Republic Act 9163 otherwise known as “The Act
Act and Its Implementing Rules And Regulations”
Establishing the National Service Training
Program (NSTP) for Tertiary Level Students”,
Constitutional Basis
amending for the purpose of Republic Act 7077
A. The prime duty of the Government is to serve
and Presidential Decree 1706, providing the
and protect the people. The Government may
following provisions:
call upon the people to defend the State and, in
the fulfillment thereof, all citizens may be
National Service Training Program (NSTP)
required, under conditions provided by law, to
Is a program aimed at enhancing civic
render personal, military, or civil service.
consciousness and defense preparedness in the youth by
(Section 4 Article 2, Philippine Constitution)
developing the ethics of service and patriotism while
B. The state recognizes the vital role of the youth in
undergoing training in any of its three (3) program
nation building and shall promote and protect
components its various components are especially
their physical, moral, spiritual, intellectual, and
designed to enhance the youth’s active contribution to
social wellbeing. It shall inculcate in the youth
the general welfare.
patriotism and nationalism and encourage their
involvement in public and civic affairs. (Section
Establishment of the National Service Training Program
13, Art 2, Philippine Constitution)
C. The State shall inculcate patriotism and
There is hereby established a National Service
nationalism foster love of humanity, respect of
Training Program (NSTP) which shall form part of the
human rights, appreciation of the role of
curricula of all baccalaureate degree courses and of at
national heroes in the historical development of
least two (2) year technical vocational courses and is a
the country, teach the rights and duties of
requisite for graduation consisting of the following
citizenship, strengthen ethical and spiritual
service components:
values , develop moral character and personal
discipline, encourage critical creative thinking,
Civic Welfare Training Service (CWTS)
broaden scientific and technological knowledge
Refers to the programs or activities contributory
and promote vocational efficiency. (Para 2,
to the general welfare and the betterment of life for the
Section 3, Art XIV, Philippine Constitution)
members of the community in the enhancement of its
facilities, especially those devoted to improving health,
BASIC DUTIES AND RESPONSIBILITIES
education, environment, entrepreneurship, safety,
Basic tenets of rights and obligations dictate that
recreation and morals of citizenry.
citizens have the following duties and obligations:
• Be Loyal to the Republic
Section 15 (4) of Batas Pambansa Bilang 232 provides
• Defend the State that “It is the duty and responsibility of the students to
• Uphold the Constitution and Obey the Laws participate actively in civic affairs and be involved in the
• Contribute to its National Development and promotion of the general welfare of the people,
Welfare particularly in the social, economic and cultural
• Help Maintain a Just and Orderly Society development of their community and in the attainment
of a just, compassionate and orderly society”.
Basic Concepts of Parens Patriae and Posse Comitatus:
Literacy Training Service (LTS)
Parens Patria - literally “parent of the state”. It is the Is a program designed to train students to
police power of the State. It refers traditionally to the become teachers of literacy and numeracy skills to
role of the State as sovereign and guardian of persons school children out of school youth and other segments
under legal disability. It is the principle that the State of society in need of their service.
must care for those who cannot take care of themselves.
Reserve Officers’ Training Corps (ROTC)
Parens Patria originates from the English common law Is a program under Sections 38 and 39 of
where the King had a royal prerogative to act as guardian Republic Act 7077 designed to provide military training
top persons with legal disabilities. In modern nations, the to tertiary level students in order to motivate, train,
parens patriae functions belongs to the State. organize and mobilizing them for the national defense
preparedness.

Coverage – Students male and female, of any


baccalaureate degree course or at least two (2) year
technical-vocational courses in public and private Course Description
educational institutions shall be required to complete The NSTP-CWTS is a course for all tertiary level
one (1) of the NSTP components as a requisite for students, male or female of any baccalaureate degree
graduation. programs or at least two (2) year vocational programs
which embodies the core values of the USJ-R namely:
Implementing Rules and Regulations (IRR) of the Interiority, Nationalism, Service, Pioneerism, Integrity,
National Service Training Program issued by CHED Reliability and Excellence. It also emphasizes different
dated 10 April 2002 topics prescribed by the Implementing Rules and
Regulations (IRR) of RA 9163 or otherwise known as the
Coverage – All incoming freshmen students, male and National Service Training Program which include the
female, starting school year 2002-2003, enrolled in any NSTP Orientation, Citizenship Training, Drug Education,
baccalaureate and in the least two (2) year technical- Disaster Awareness and Preparedness, Environmental
vocational or associate courses are required to complete Protection, National Security Concerns and other
one (1) NSTP component of their choice as a graduation programs and activities contributory to the welfare and
requirement. betterment of life for the members of the community
and enhancement of its facilities, specifically those which
Duration and Equivalent Course Unit are geared towards improving health, education,
Each of the aforementioned NSTP program environment, livelihood, safety, recreation and morals of
components shall be undertaken for an academic period the citizenry.
of two (2) semesters. It shall be credited for three (3)
units per semester for fifty-four (54) to ninety (90) RESERVE OFFICERS TRAINING COURSE PROGRAM OF
training hours per semester. INSTRUCTION (POI)

Organization of the NSTP Graduates BASIC ROTC PURPOSE: To teach the students the values
a) Graduates of the non-ROTC components of the of citizenship, followership, personal responsibility, and
NSTP shall belong to the National Service sense of accomplishment while learning essential life
Reserve Corps (NSRC) and could be tapped by skills that will develop their self-esteem, character,
the State for literacy and civic welfare activities teamwork and self-discipline. This will prepare the
through the joint efforts of DND, CHED and students to be an Infantry Man, who has the appropriate
TESDA in coordination with DILG, DSWD, and character, knowledge and skills that will later be
other concerned agencies and associations. enhanced as they further progress in their personal life
and later on with their careers.
Past Laws
Republic Act 7077 otherwise known as “The Act Bill of Rights of the 1987 Philippine
Providing for the Development, Administration,
Organization, Training, Maintenance and Utilization of
Constitution
the Citizen Armed Force of the Armed Forces of the
Philippines”, provides: Bill of Rights of the Filipinos
Article III of 1987 Philippine Constitution.
Section 38. Reserve Officers’ Training Corps (ROTC) – ✓ Establishes individual’s relationship to the State
Military training for students enrolled in colleges, ✓ Defines individual’s rights, limiting state’s lawful
universities and similar institutions of learning is powers
mandatory pursuant to the provisions of the National ✓ One of most important political Filipino
Defense Act and the 1987 Constitution. achievements
Importance of Bill of Rights of the Filipinos
Section 39 Establishment of ROTC Units in Schools ✓ "Ten Commandments” of Constitutional faith.
At such colleges, universities and similar ✓ People’s shield against government abuse
institutions of learning that request for the ✓ Means of self-government, sovereignty, and
conduct of military training in their institutions truth
there shall be established and maintained
Reserve Officers’ Training Corps units as the Bill of Rights of the Filipinos
Secretary of National Defense may approve, Article III of 1987 Philippine Constitution
which shall conduct military training for the provides:
students of such institutions for the purpose of Section 1. No person shall be deprived of life, liberty, or
producing enlisted and officer reservists. (Under property without due process of law, nor shall any
Sec 7, RA 9163) person be denied the equal protection of the laws.

Presidential Decree 1706 The National Service Law Section 2. The right of the people to be secure in their
Section 2 - National service shall be obligatory for all persons, houses, papers, and effects against
citizens of the Philippines. As used in this decree, unreasonable searches and seizures of whatever nature
“National Service” shall consist of three main programs and for any purpose shall be inviolable, and no search
namely: civil welfare service, law enforcement service warrant or warrant of arrest shall issue except upon
and military service. probable cause to be determined personally by the judge
after examination under oath or affirmation of the
Section 3 – Each citizen shall render national service in complainant and the witnesses he may produce, and
any of the three main programs stated in Section 2 of this particularly describing the place to be searched and the
decree or a combination thereof: Provided, that such persons or things to be seized.
service shall be credited in his favor for the purpose of
fulfilling educational requirements established by law.
Article III of 1987 Philippine Constitution provides: Section 12. (3) Any confession or admission obtained in
Section 3. violation of this or Section 17 hereof shall be inadmissible
(1) The privacy of communication and correspondence in evidence against him.
shall be inviolable except upon lawful order of the court,
or when public safety or order requires otherwise, as Section 12. (4) The law shall provide for penal and civil
prescribed by law. sanctions for violations of this section as well as
(2) Any evidence obtained in violation of this or the compensation to and rehabilitation of victims of torture
preceding section shall be inadmissible for any purpose or similar practices, and their families.
in any proceeding.
Section 13. All persons, except those charged with
Section 4. No law shall be passed abridging the freedom offenses punishable by reclusion perpetua when
of speech, of expression, or of the press, or the right of evidence of guilt is strong, shall, before conviction, be
the people peaceably to assemble and petition the bailable by sufficient sureties, or be released on
government for redress of grievances. recognizance as maybe provided by law. The right to bail
shall not be impaired even when the privilege of the writ
Section 5. No law shall be made respecting an of habeas corpus is suspended. Excessive bail shall not be
establishment of religion or prohibiting the free exercise required.
thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or Section 14.
preference, shall forever be allowed. No religious test (1) No person shall be held to answer for a criminal
shall be required for the exercise of civil or political offense without due process of law.
rights. (2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and shall
Section 6. The liberty of abode and of changing the same enjoy the right to be heard by himself and counsel, to be
within the limits prescribed by law shall not be impaired informed of the nature and cause of the accusation
except upon lawful order of the court. Neither shall the against him, to have a speedy, impartial, and public trial,
right to travel be impaired except in the interest of to meet the witnesses face to face, and to have
national security, public safety, or public health, as compulsory process to secure the attendance of
maybe provided by law. witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed
Section 7. The right of the people to information on notwithstanding the absence of the accused provided
matters of public concern shall be recognized. Access to that he has been duly notified and his failure to appear is
official records, and to documents and papers pertaining unjustifiable.
to official acts, transactions, or decisions, as well as to
government research data used as basis for policy Section 15. The privilege of the writ of habeas corpus
development, shall be afforded the citizen, subject to shall not be suspended except in cases of invasion or
such limitations as maybe provided by law. rebellion when the public safety requires it.

Section 8. The right of the people, including those Section 16. All persons shall have the right to a speedy
employed in the public and private sectors, to form disposition of their cases before all judicial, quasi-judicial,
unions, associations, or societies for purposes not or administrative bodies.
contrary to law shall not be a bridged.
Section 17. No person shall be compelled to be a witness
Section 9. Private property shall not be taken for public against himself.
use without just compensation.
Section 18. (1) No person shall be detained solely by
Section 10. No law impairing the obligation of contracts reason of his political beliefs and aspirations.
shall be passed.
Section 18. (2) No involuntary servitude in any form shall
Section 11. Free access to the courts and quasi-judicial exist except as a punishment for a crime whereof the
bodies and adequate legal assistance shall not be denied party shall have been duly convicted.
to any person by reason of poverty.
Section 19. (1) Excessive fines shall not be imposed, nor
Section 12. (1) Any person under investigation for the cruel, degrading or inhuman punishment inflicted.
commission of an offense shall have the right to be Neither shall the death penalty be imposed, unless, for
informed of his right to remain silent and to have compelling reasons involving heinous crimes, the
competent and independent counsel preferably of his Congress hereafter provides for it. Any death penalty
own choice. If the person cannot afford the services of already imposed shall be reduced to reclusion perpetua.
counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence Section 19. (2) The employment of physical,
of counsel. psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or
Section 12. (2) No torture, force, violence, threat, inadequate penal facilities under subhuman conditions
intimidation, or any other means which vitiate the free shall be dealt with by law.
will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of Section 20. No person shall be imprisoned for debt or
detention are prohibited. non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of can’t make a living. Be diligent and earn an
punishment for the same offense. If an act is punished by honest living. Work is gift, an essential part of our
a law and an ordinance, conviction, or acquittal under life. Do not engage in crime and corruption.
either shall constitute a bar to another prosecution for 5. CONCERN FOR THE FAMILY AND FUTURE
the same act. GENERATIONS – means that utmost attention
must be focused on the family as sanctuary of life
Section 22. No ex post facto law or bill of attainder shall and a core unit of society. Look after the welfare
be enacted. of your family and future generations. A family is
the place of refuge, strength, inspiration,
VALUES UNDER THE 1987 PHILIPPINE example, and source of love for today’s youth at
risk and couples whose values and virtues are
CONSTITUTION challenge daily by the ways of materialism.

Preamble of the 1987 Philippine Constitution There is a need to work harder and guide the
“We, the sovereign Filipino people, imploring the aid of children in the ways of good values and
Almighty God, in order to build a just and humane society responsibility as they are more vulnerable to
and establish a Government that shall embody our ideals negative influences brought about by the advent
and aspirations, promote the common good, conserve of high technology and materialism.
and develop our patrimony, and secure to ourselves and
posterity the blessings of independence and democracy The State recognizes the Filipino as the foundation of the
under the rule of law and a regime of truth, justice, nation. It shall strengthen its solidarity and actively
freedom, love, equality and peace, do ordain and promote its total development. Marriage, as an
promulgate this constitution.” inviolable social institution, is the foundation of the
family and shall be protected by the State.
GOOD CITIZENSHIP AND CONSTITUTIONAL VALUES:
B. PAGKAMAKA – TAO: 
A. PAGKAMAKA – DIYOS:  1. LOVE – is the answer to our many questions
1. FAITH IN THE ALMIGHTY GOD - Faith in Almighty during these trying times. The reason why our
God is a basic value of the good Filipino citizen. nation has never moved forward is that we never
The Filipino people are God centered people. It learn yet how to live in love and therefore we
is this faith in Almighty God which gives never grow in our capacity to love one another.
resiliency as a people; that enables the Filipino to Love is the “will to do good for others” even
struggle through on crisis after another with though it entails sacrifice of oneself and to “look
smile on his face and hope in his heart. after the good and welfare of one another”.
2. RESPECT OF LIFE – The State values the dignity of 2. FREEDOM – means giving due recognition and
every human person and guarantees full respect respect to our individuality as persons with
for human rights The State recognizes the fundamental human rights and duties. Assert
sanctity of family life and shall protect and your right to be able to do the right things. Our
strengthen the family as a basic autonomous sense of freedoms would lead us to love our
social institution. To uphold the good citizenship fellowmen, understand their plight and do what
value of RESPECT OF LIFE means to dwell always is good and right while avoiding what is wrong
on the principle of prolife. God is the sole author and evil.
of life and no amount of crime can authorize 3. PEACE – means doing good for others and for our
somebody to take out our life. Our life is a country but let that action of peace comes from
precious and unique gift to us from God. Our life your inner being. Peace cannot be attained
has a purpose and destiny. through violence or other ways that do not
3. ORDER – means doing first things first with a promote order. Live and work together in
workable system by respecting the human rights harmony. Avoid violence as a means of settling
of one another and comply with your duties and disputes.
responsibilities. It is simply doing the right thing 4. TRUTH – means living and loving passionately
in a right time and at the right place without with the truth. Truth exacts us to live in
haste because things done in haste will usually transparency, total honesty, and integrity. Truth
end up to waste. Order is the sanity of the mind, demands sacrifices and efforts but is worthy
the health of the body, the peace of the city, the cause that highlights our own capacity as
security of the state. persons to do good with integrity. Stand up for
the truth and avoid intrigue and mudslinging.
Order ensures all citizens of 1) security, 2) peace 5. JUSTICE – means promotion of social practices
(when order is maintained by law enforcement that enhance the essence of social justice. Justice
agencies of the government and other sectors of means treating others with high respect and
society), 3) harmony (as a result of the social dignity, mindful of their basic human rights. The
contract borne out of respect of the human justice system is important as it ensures that all
rights of one another and comply with your people, regardless of any form of distinction, will
duties and responsibilities). receive the full benefits and protection of the
law. Justice is the key to progress, the foundation
4. WORK – means to develop a string and positive of freedom and the bedrock principle of unity
outlook that hard work, quality work, and honest and equality among all men. Give everyone his
work are what make us good, productive, and due. Do not oppress or take advantage of
self-reliant citizens of our country. Work is the anyone.
key to our national progress. Without work we
C. PAGKAMAKA – BAYAN:  D. PAGKAMAKA – KALIKASAN: 
1. UNITY – When we say that UNITY is a good 1. CONCERN FOR THE ENVIRONMENT – means
citizenship value, we mean that all of us Filipino launching an efficient and sustainable Clean and
citizens are expected to have our oneness as a Green Program nationwide. Keep your
people as a guiding principle in our daily life. This surrounding clean and conserve our natural
means that: resources. We must understand that our very
o We want our country to be united always that existence and that of generations after us are
despite the diversity of cultures, of alliances, of threatened by the destruction of the
abilities, of opinions, and religious affiliations; environment. We shall develop a conscious
we have a fundamental oneness as a people; effort to preserve and protect the environment
that we agree on what we want as a people; that from further degradation.
we work together; doing our part to attain our
national vision.
o We are willing to lend a helping hand to others;
o We are to understand those whose views are
different from our own;
o We want and will work for what is best for our
countrymen.

2. EQUALITY – means treating one another with


equal and utmost dignity and respect of fellow
human beings regardless of his/ her religious or
cultural orientation, sex, social status, race etc.
Equality means cultivating a culture of
brotherhood and unity, the precursors for a
strong republic. Treat one another as brother
and sister being children of one God and one
nation.
3. RESPECT FOR THE LAW AND GOVERNMENT –
means to follow strictly the rule of law and not
the rule of the mob. The law is not meant to
curtail freedom but to ensure that every citizen
is responsible while exercising his/her freedom.
The law and the government are not meant to
enslave people, but they are meant to establish
order in the society.

Obey the laws of the land and support


government programs. We must believe that the
laws and the government are meant to serve our
own interest as citizens. We must not allow our
values to be compromised by illegal acts and
practices.

4. PATRIOTISM – means placing 1) the good of the


country above one’s own 2) be a good and loving
citizen constantly vigilant for the welfare of our
country and 3) ready to sacrifice for the love of
our country. Patriotism is every person’s sense of
duty and responsibility to contribute in the 1)
development of the country, 2) protection of the
integrity 3) upholding the rights and dignity of
the people.
5. PROMOTION OF THE COMMON GOOD – The
term “common good” refers to “the sum total of
goods and social conditions which allow people,
either as groups or individuals, to reach their
fulfillment more fully and easily. Do not be
greedy and selfish.

To promote the common good is an obligation of


every member of the society for sustainable
development and long term survival of the
community requires that those who have least
be helped to a level of living. Put the welfare of
the greater number of people over one’s own.

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