JUSTICE 1.

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The State (Plato) Frederick Copleston, SJ

*Katarungan (tarong) straight, upright, appropriate, correct - Used by Tagalogs, Ilongos, Cebuanos and Pampangos - Rectitude, morally right act, what is appropriate, embraces the concept of equity RIGHT *Karapatan (dapat) fitting, appropriate, correct - justice and right are related LAW *Batas command, order, decree - Law is not always just *Kapangyarihan ( power and authority) Concept of Justice - highly moral concept, intimately related to the concept of right, similar but broader than to the western, embraces equity - fundamental element is fairness, eschews privilege and naked power Just Society First: Not only independent but in which the people are sovereign Second: Respects the freedom and the equal dignity of all Third: Protects workers and tenants, opposes oppression, exploitation and abuse, and seeks to eliminate poverty Fourth: United in brotherhood and relies on itself How Social Injustice is Committed First: Not having a system of law at all, written or unwritten, or one so flawed that people do not know what their legal rights and duties are. (form or procedure) Second: Not enforcing law fairly. (form or procedure) Third: Enacting laws that do not pursue the social values that constitute the Filipino vision of a just society, or that adopt means which subvert those values. (content or substance) Having a System of Law is not enough, it must work by: 1. Authority of the law maker must be recognized by the majority of the people as legitimate and as enacted must not exceed the limits on that authority imposed by the prevailing consensus. 2. Laws must be published or made known to the persons who are to be affected by them. 3. Laws must not be changed so often or so quickly that people cannot reasonably base plans on them. 4. Laws must be understandable and not contradictory, and must not prescribe acts beyond the capacity of the people or against their conscience. 3 Basic rights of National Community - right to survive - right to external and internal sovereignty - right to development Poverty and Inequality - the third malady aside from denial of human rights and the peoples rights Four Factors which result to a persons income 1. amount of income-producing property he owns (inheritance) 2. his skills (products of education, genes and health; what his parents could pay for, wealth and income) 3. his productivity (same with skills)

The Republic The state exists to serve the wants of men;Men are not independent, they need the aid of others in production of necessities in living, hence they gather in one dwelling place giving this place the name of city; Original end of the city is the economic end; Because of the economic end of the city the principle of division and specialization of labour followed; Different people have different natural endowments and they are fitted to serve the community in different ways If war was to be pursued, there has to be a special kind of guardians who will devote themselves exclusively to the conduct of war; these guardians must be spirited but as well philosophic, they who are the true enemies; they must undergo education; the state does not simply for economic ends but also for the peoples happiness, a good life, and justice; therefore education to be the true and the good is necessary- they must be philosophers; besides music as part of their education gymnastics will also play and important part in their education, to train the guardians to be athletes of war. There are two great classes in the state the inferior artisans, and the superior guardians; who are to be rulers of the state? those chosen from the guardians not to be young, best men of their class, intelligent and powerful, careful of the state; the ideal state will consist of three great classes the guardians (superior class), the auxiliaries (military), and the artisans (inferior); Political justice is when everyone attends to his own business without interfering with anyone elses Women are to be trained as men they differ only with respect to their role in the propagation of the species; the marriage of auxiliaries and guardians are to be under the control of the magistrates to obtain the best offsprings; guardians and auxiliaries will only marry women prescribed by the magistrates and have intercourse and produce children at prescribed periods According to plato the democratic principle is absur the ruler must govern in virtue of knowledge (knowledge of the truth) in democracy the ruler does not really know their business at all; the ruler must be the philosopher king a man who has true knowledge of the course that the state should take; the philosopher king shall be educated with a view enabling them to apprehend intelligible objects drawn towards the truth The perfect state is the aristocratic state; a state governed by the tyrant is the most unhappy of the state

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A Filipino Concept of Justice Jose W. Diokno

Justice - What the strong impose and the weak accept (real) - What puts limits on what the strong can impose (ideal) - First virtue of social institutions, as truth is of system of thought (John Rawls) - Must yield to law if to perform in social function; essentially negative (Edgar Friedenberg) Social Justice - Determination on how to distribute the burdens and benefits of social life Filipino Concept of Social Justice JUSTICE

4. market value of his skills (5.) closeness to the executive power Effective means to attain Filipino Concept of Social Justice 1. eradicate poverty 2. select a means of developing and using natural resources 3. change those relations and structures of relations between each persons Social Justice for Today - coherent, intelligible system of law, made know to us, enacted by a legitimate government freely chosen by us, and enforced fairly and equitably by a courageous, honest, impartial, and competent police force, legal profession and judiciary: 1. respects our rights and freedoms both as individuals and as a people. 2. seeks to repair injustices that society has inflicted to the poor by eliminating or reducing poverty as rapidly as our resources and our ingenuity make possible 3. develops a self-directed and self-sustaining economy that distributes its benefits to meet 4. changes our institutions and structures, our ways of doing things and relating to each other 5. adopt means and processes that are capable of attaining these objectives

relations between the superpowers have rendered arms control, for which the churches have been working all these years, of secondary importance. US Secretary of State James Baker III, recalled his meeting with Soviet foreign minister Eduard Shevardnadze. Baker, in exchange for cowboy boots, "received from him a more profound gift an enamel picture of Jesus teaching the people. Eduard said--only half jokingly--'You see even we Communists are changing our world view.' The changes taking place in the Soviet Union and Eastern Europe are not all political or economic. Could it be that a major meaning of the revolution going on in Eastern Europe is the resurgence of faith? Churches in Eastern Europe have played an important part in political change. So too in the Philippines, when Christians of all faiths came together at EDSA, and dared the troops and tanks of the dictator and asserted our right to be free. The Public Character of Jesus Our Lord did not live a life of seclusion. He spent the most of His time in the arenas of public life and attended to the needs of people in very common settings. He proclaimed liberty to captives and told them that higher freedom was to be their heritage, and the heritage of all. He spoke not only of a "new heaven" but also of a "new earth" where all will be fed and where there shall no longer be wand and misery. Jesus came to bring into reality a "new kingdom," a new order of social and public well-being, a new shape of the common life in which justice and righteousness, freedom and peace are the basic values.

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Christ Our Peace: Building a Just Society Jovito Salonga

Opening message before the 9th General Assembly, Christian Conference of Asia, 1990. Something New in the World There was an unmistakable linkage between the arms race of the superpowers and the scourge of militarism in the Third World, particularly Asia.

4. Concrete Realities of Our Broken Societies

The rivalry between the two nuclear giants helped sustain the rise of dictatorships and authoritarian regimes. In the name of national security, martial law was declared in many places which swept the Third World with horrible consequences. Because of this, the best minds from the capitalist, socialist, and non-aligned nations, had reached the conclusion, that the Cold War was rapidly pushing the world to a catastrophe which could exterminate life on this planet. The People Power Phenomenon Along with this realization on the part of the world leaders, something new happened: the emergence of the democratic phenomenon in authoritarian and socialist-oriented regimes. All over the world, dictatorial regimes have been overthrown by the might of people power. The Revolution at EDSA has triggered a chain of events all over the world - from South Korea to Pakistan, from China to Burma, and all the way to Eastern Europe and the Baltic countries. A Polish professor said, "Freedom and democracy are contagious. What you did in the Philippines has contaminated many countries in the world." The Bright Prospects for Peace and Revival of Faith The American president helping the Soviet leader, the fall of Berlin Wall, the withdrawal of Soviet forces from Hungary and Czechoslovakia - these dramatic improvements in the Even as the confrontation between East and West is ending, we cannot speak of "Building a Just Society" without coming face to face with the concrete realities of our broken societies. These are: (a) The problem of Poverty - poverty is a social phenomenon - the poor are not just poor, they have been made poor and are being kept poor - we are impelled by our faith by the Christ in whose peace we live, to be with the poor and to share in their emancipation and liberty. This is the heart of the struggle for peace. This is the central substance of "Building a Just Society." (b) The reality of Graft and Corruption - social and political systems collapse, or are bound to collapse, where graft and corruption begins to seep into the innermost chambers of private and public life - we cannot be content only with the transformation of society, we need also to work for the transformation of the people, with the transformation of the self - graft and corruption and Christianity are simply incompatible. (c) The problem of Foreign Intervention - we all continue to suffer the consequences of the continuing meddling of foreign powers in our present national existence - we should be glad that where that struggle occurs, Christians are participating in them - what is at stake here is the dignity of peoples and the liberty and right of nations to shape their own destiny.


(d) The problem of Environmental Degradation - the natural world's capacity to sustain life is non infinite, and the greed with which we have misused nature and the physical world has reached the point where they might not be able to sustain life anymore We know these realities. We experience them in our countries. What makes them even more urgent is the fact that it is the poor in our countries, and the poor nations of the world that first absorb the shock which these create. As Christians, we should assume more seriously our stewardship of God's creation.

3 steps of the MABINI WAY 1. Integrating in the skills development of our law enforcement officials, prosecutors, judges and jail personnel, systematic but creative training on ethical norms, teaching of human rights values and formation of new attitude and new approaches of thinking and doing. Skills without values are dangerous; values without skills are messy. 2. Giving yearly recognition to officials who have demonstrated their fidelity to their oath. 3. Prosecuting and punishing without fear or favour erring public officials who have desecrated or prostituted their oaths. Is the MABINI WAY difficult to do? It is but it is not impossible. With faith in Almighty God and trust in the boundless collective capacity and energy of our people, nothing is impossible.

A Call to Justice and Peace As Christians, we join the larger human community in the search of justice and peace. There are no words more commonly used in the Bible to indicate both the identity and task of the Christian than the words "justice" and "peace." These two are public virtues at the same time divine imperatives. To make peace is different from keeping peace. To keep peace could mean merely to keep order and maintain an unjust status quo. To make peace is to do justice. To do justice is to root out the cause of conflict and lay the foundations of true peace. The Church must be present in places where people are being oppressed so it can do its work of peacemaking. A new mood is happening in Asia. Awakening of the people themselves, writing a new history and becoming the permanent reality of history. This is the heart of justice. This is also the heart of peace.

HUMAN RIGHTS AND HUMAN DIGNITY 5. The Rights of Man Today Louis Henkin

Origins and Antecedents The origins and ancestry of ideas are rarely single or simple, or readily disentangled. Natural law theory emphasized duties imposed by God on every human society in an orderly cosmos. The Bible, for example, stressed not rights but duties and these were essentially duties to God, although fellow man was the beneficiary of many of them. In the Bible, justice is particularized in various precepts but is also prescribed generally, undefined but intuitive, and is required of God as of man. The equality and dignity of man are supported by the Genesis story of the common ancestor of mankind and by the fatherhood of God to all men. For the principle of limited, "constitutional" government-that there is a higher law binding on the governor as on the governed, and that man-made law is valid and to be respected only insofar as it is consistent with that higher law-we cite Sophocles's Antigone, the midwives resisting Pharaoh's order to kill all male Israelite babies, King Saul's servants refusing to kill the priests, or the story of Daniel. The Eighteenth-Century Thesis The Virginia Declaration of Rights begins: 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. 2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them. 3. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal. Paine distinguished "that class of natural rights which man retains after entering society, and those which he throws into common stock as a member of society" because he cannot execute them by himself.) Rights originate with and are retained by the people; they are not granted to them.

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Reforming the Criminal Justice System: The Mabini Way Rene V. Sarmiento

The Mangyan Tribe Story The leader of the tribe summoned his 3 daughters. He asked them to climb the holy mountain and bring back something beautiful. FIRST daughter: orchid SECOND daughter: diamond THIRD daughter: vision of a better life for the tribe- life that is close to nature, guided by a system of good laws and governed by good public servants Third daughter was chosen as the next leader. She has brought back the most precious thing- the gift of a vision for a better future and a gift of a vision for a better justice for all.

How to achieve the vision of a better criminal justice system? That which is proposed is the MABINI WAY. Mabini brains of the Philippine revolution, first Prime Minister, first Secretary of Foreign Affairs, first Chief Justice of the Firdt Philippine Republic Mabini teaches us that it is not enough to change systems, structures, and institutions. Our ways of being and thinking must be changed. A Mis Compatriotas- External and Internal Revolution; we must establish our moral education on more solid bases and adjure the vices that for the most part we have inherited from the Spaniards. Cual Es La Verdadero Mission dela Revolucion Filipina- Independence is not enough, we must have a moral and patriotic government. One that seeks the common good and not the good of an individual or a privileged class.

"Society grants him nothing. Every man is a proprietor in society, and draws on the capital as a matter of right." Some rights, indeed, could not be subordinated to government even if the people wished, because these rights are inalienable. The people, of course, may deem and justify their values as eternal and their rights as timeless, valid for their children's children as for themselves. The Content of Eighteenth-Century Rights Locke gave us essential ideas out of English antecedents, including probably those of the Levellers. A perhaps innocent, incidental phrase in Magna Carta, providing that a freeman shall be punished only "by the lawful judgment of his peers or by the law of the land," came to establish the rule of law; later that became the "due process of law," with its luxuriant growth in U. S. constitutional jurisprudence. The rights of man were born in revolution, against Great Britain here, against the ancien regime in France. To Thomas Paine, representative government was the human right: "representative government is freedom." Locke wrote of the rights of life, liberty, and property; the Declaration of Independence spoke of life, liberty, and the pursuit of happiness. The French Legacy "Liberty consists in the power to do anything that does not injure another." "The law has the right to forbid only such actions as are injurious to society." "All citizens ... are equally eligible to all public dignities, places and employments, according to their capacities and without other distinction than their virtues and their talents." Taxes should be "equally apportioned among all the citizens according to their means." And the French constitution of 1791 provided for public relief for the poor and free public education-"economic and social rights" unknown in early U.S. constitutions.

thought, conscience and religion, right to freedom of opinion and expression, right to freedom of peaceful assembly and association economic, social and cultural rights ((Article 22 to 28 of UDoHR) concerned with the material, social and cultural welfare of persons right to work, right to social security, right to form and to join trade unions, right to rest and leisure, right to a standard of living and adequate for the health and well-being of himself and his family, right to education, right to culture HUMAN RIGHTS are: Universal enjoyed by all human beings without distinction; right belongs to everyone wherever they are because they are human beings endowed with dignity. To be observed everywhere without regional differences; these rights belong to everyone, everywhere, by virtue of being human Founded on the principle of the equal dignity of human beings Indivisible & interdependent civil, political, social and cultural rights are interrelated and are co-equal importance When guaranteed man can live decently and in dignity Freedom from fear and want Interdependence of human rights basic ideas (Declaration on the right to development) Recognition that the human person is the central subject of development and should be the active participant and beneficiary of the right to development Acknowledgment that all human rights are indivisible and interdependent. Realization that the failure to observe civil and political rights, as well as economic, social and cultural rights constitute obstacles to development. The ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy their economic, social and cultural rights as well as their civil and political rights. (Asia-Pacific NGOs in their defense against critics of the principle of universality and indivisibility) Threats to democracy & human rights: war and violence hunger and poverty unfair distribution of wealth intolerance racism xenophobia (an unreasonable fear of foreigners or strangers or of that which is foreign or strange) religious fanaticism fundamentalism(the demand for a strict adherence to specific theological doctrines) To army such threats: inspiration be drawn from Marys Magnificat or Song of Praise (My heart praises the Lord)

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Human Rights: Universal? Indivisible? Interdependent? Rene V. Sarmiento

Meaning something you build into your life out of your past, out of your affections and loyalties, out of your own talent and understanding; out of the values for which you are willing to sacrifice something. (J. Gardner) We could not live fully without human rights. They are what we teach our young to develop in our society. They serve as a sacrament that nourish many of us. They act as a guide as we wrestle and grapple with the issues of the present. Universal Declaration of Human Rights(UDoHR) to be used as basis for both our external and internal policies (President Nyerere of Tanzania) It is an ideal hope to live or and achieve, but it is an ideal for which I am prepared to die. (Nelson Mandela) No cause is more worthy than the cause of human rights. They are what make man and woman human (Jose Diokno) The theology of importunity - the process of bothering public conscience and not letting people sleep when human rights violation occur; and observing vigilance at all times. Rights are classified into: civil and political rights (Article 1 to 21 of UDoHR) those rights that serve as a protection of the individuals from the arbitrary exercise of the state power right to life, liberty, security of person, right against torture, right to equal protection against any discrimination, right against arbitrary arrest and detention, right to fair and public hearing by and independent and impartial tribunal, presumption of innocence, right to privacy, right to freedom of

7. Concept of Man and Society of Dr. Jose Rizal, Emilio Jacinto and Apolinario Mabini Cesar Adib Majul
I.Rizals Concept of Man and Society Three General Principles (which guided Rizals concept of man and society) Man by creation or nature possessed certain intellectual and moral potentialities These potentialities had a natural tendency towards progress*

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Progress- the full development or perfection of mans intellectual and moral faculties Any attempt to stifle or repress mans potentialities or his natural inclination to progress morally disfigures him According to Rizal: man should be looked upon as an end and never as means To deprive a man of his dignity will deprive him of moral strength and make him useless FREEDOM- that condition in which a man is allowed the full development of both his intellectual and moral faculties, and where he is allowed to keep his self-respect Mans natural inclinations tended towards self-development and progress and that it was a duty of man to further these- this duty is significant only in relation to Rizals assumption that man by nature is good and that his natural inclinations are therefore good Evil is an element that is found either when men do not do their duties, such as perfecting themselves, or in that state of society where there are men preventing others from perfecting themselves, that is, when they deny others their freedom Consequences that would result if mans natural inclinations or rights were tampered 1. Make people criminal 2. All ills found in it (society) can ultimately be blamed on the governing powers, or specifically upon those people in power who do not allow the element of freedom to exist

Second meaning- refers to the qualities of man who has actually developed his natural inclinations; becomes more significant in light of Rizals assumption that in society of free men, no form of tyranny or oppressive government could exist Rizal emphasized that under no condition did he intend to equate freedom with independence His concept of freedom is essentially a moral one, to his mind an independent Philippines with a tyrannical government would not constitute freedom for the people RIZALS SOCIAL FUNCTION: an attempt to hasten progress, or at least to prepare his people for its proper enjoyment An IDEAL SOCIETY consists of a group of free men, where the interests of both the government and the people are identical. Rizal insisted that EDUCATION was a prerequisite to being free. He personally tried to set himself as an example and decided to begin with his family, instructing his brothers and sisters to serve in turn as examples to their children, nephews and nieces. A Letter to the Young Women of Malolos- designed to increase awareness among Filipino women His Farewell Address- Rizals attempt to make the Filipino people more of a community Liga Filipina- an association aimed at instilling in Filipinos a greater social and national consciousness; Besides intending to serve as a medium for political education of the people, it was intended to encourage economic projects The motto of the Liga was Unus instar omnium (One like all), indicating emphasis on the moral equality of the members

Rizal: ...for a man to be responsible, it is necessary that he be the master of his actions Rizal, like Rousseau, believed that people were what the government made them. But he never intended to blame the Spanish government entirely for all the ills of the country. His argument mainly emphasized that the Spanish government did not have the moral right to blame the Filipinos for all the ills of the country. The term responsibility is assumed to have been used in two different senses or levels: 1. Insofar as the Filipinos were not granted under the Spanish rule, the Spaniards could not be blame for all the ills of the country. From this point of view, the Filipinos could be regarded as not fully responsible for their actions. 2. Insofar as the Filipinos were view qua man, as having duties to themselves, and as having permitted themselves to arrive at that stage where the Spaniards were allowed to tyrannize over them and make them lose their freedom, they were responsible. If the moral fiber of the people is strong, and if they had attempted to educate themselves to high level and had refused to submit themselves to tyranny and oppression People and government are correlated and complementary If the people were morally developed, they would eventually have a moral government 2 Things that Rizal wanted to instill to the Filipinos: 1. The need to develop intellectual virtues (like love of study and what is just and noble) 2. The cultivation of moral virtues (like love of fellowmen, temperance, etc.) and the possession of a sense of dignity that was both personal and racial FREEDOM (more complex character)- a man is said to be free if and only if he has reached the stage of personal discipline, intellectual integrity and moral uplift which combined with a love of country and refusal to submit tyranny, results in the willingness to give his life in defense of all these qualities FREEDOM; first meaning and second meaning compared; First meaning- the term freedom is signified as a social condition in which a man is allowed to develop his natural inclinations and self-respect

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II. Jacinto and the Teachings of Katipunan Emilio jacinto- brains of the Katipunan Jacinto postulated in his moral and political theories that there were certain qualities such a liberty and equality which by nature belonged to man qua non Jacinto did not elaborate the concept of freedom, but a study of his writings shows that he understands it to mean a situation where no tyrant restrained mans actions and where these actions were guided by what was reasonable. Equality of all men- the origin of all is the same 2 Ways by which freedom may be lost and equality not recognized: Some individuals deliberately instigate discord among their fellowmen in order to perpetuate their self interests Attempts of government officials to perpetuate their power. It is also to the interests of these agents to perpetuate certain habits of mind and traditions to keep the people under their power Evil is a situation developed and found only in society, and that it might have come about when a group of men used government as a tool to further their own interests The state of freedom and equality can be recaptured by the development of reason in the people, for it impels men to love and help mankind; and at the same time it makes them hate and fight tyranny. Reason becomes identified with respect and with love of God. But from a more practical point of view, it is identified with education and this means nothing else but what Rizal understood by the full development of mans intellectual and moral faculties, and a proper balance between them By EDUCATION, tyranny could be banished and the state of freedom recaptured; it was apowerful tool against the abuses of the government. Jacinto did not desire to return to nature in the recapturing of freedom. He was interested in the formation of a society with a definite governmental form in which freedom could still be maintained.

In this respect, Jacinto belonged to the tradition of Rousseau at least in the formation of the fundamental problem in the Social Contract as to what political philosophy should propose. KATIPUNAN was organized with expressed purpose of creating among Filipinos the unification of all wills and a unity of ideas. KARTILLA, besides presenting rules for behaviour of the members of the Katipunan, also laid definitions as to what constituted nobility of character in relation to ones attitude towards his society and country. Some rules: actions of Filipinos be dedicated to what is just and noble; that their actions should aim at virtue for its own sake, and not for the furthering of purely personal interests; and that charity should be considered important and men should love one another; elevation of the concept of womanhood; demand that one should defend the oppressed, fight the oppressor of ones country, not tolerate tyranny, and above all, love ones country. Katipunan, under the inspiration of both Jacinto and Bonifacio, desired first of all to develop among the Filipinos a greater sense of self-respect and dignity, and secondly, to create a community where mutual aid and love would be a major bond among the members. III. Mabinis Concept of Man and Society Mabini was the one who had the most developed concept of society Mans nature was such that all the means he might call upon to maintain his life ought to be in accordance with what is reasonable. HAPPINESS was defined as the enjoyment or just satisfaction of the honest necessities of rational man. Mabinis first concept of freedom- essentially consisted of the right to acquire all the means to preserve life, provided that the actions involved were in accordance with what was reasonable Right to life, the equality of all men, and the right to happiness, were all inalienable, having God as the ultimate source Mabini maintained that freedom was limited to actions only for good and not for evil acts Society may be viewed as a system designed for mutual help. Society is an association of men who gathered together for mutual help, in order that each may enjoy the greatest possible well-being, which would not be possible if men were isolated. It was in society that men came to lose those rights given to them by Nature. This loss came about through attempts of some men who either by force or guile began to live at the expense of the work of others, reducing them to servitude or to slavery, disregarding those rights which belong to everyone by Nature. Mabinis theory was to justify the revolution against Spain and to exhort the Filipinos to resist the imposition of American sovereignty. Mabinis famous works: True Decalogue consisted moral maxims having political aim; asked Filipinos to develop virtues like truthfulness and industry; exhorted love of God and country; maintained that all authority not sanctioned by the people should not be recognized Constitutional Program for the Philippine Republic- presented a definite constitutional program for a future Republic Mabini was continuing the work of Rizal in the attempt to change radically some of the Filipino ways of thinking in order to either bring about or at least prepare for their eventual emancipation ...it is imperative that we change radically not only our institutions, but also our ways of thinking and behaving. It is necessary to have both internal and external evolution, establishing our moral education on a more solid foundation and purging ourselves those vices, the majority of which had been inherited from Spain.

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Freedom from Fear Aung San Suu Kyi

It is FEAR that CORRUPTS not power

FEAR of LOSING POWER for those who wield it; FEAR of the SCOURGE of POWER for those who are subject to it four (4) a-gati (kinds of corruption): CHANDA-GATI, that which is induced by desire; DOSAGATI,taking the wrong path to spite those we hate; MOGA-GATI, aberration (deviation) due to ignorance;BHAYA-GATI (worst among the four), slowly destroys all sense of right and wrong and lies at the root of other 3 kinds of corruption PUBLIC DISSATISFACTION w/ ECONOMIC HARDSHIPS: chief cause of movement for democracy in Burma which is sparked off by student demonstrations It was the HUMILIATION of a way of life DISFIGURED by CORRUPTION and FEAR which erode the patience of the people Students protest against the denial of their RIGHT TO LIFE by a totalitarian regime leading to a nationwide movement People should develop COURAGE within themselves: Dont just depend on the courage and intrepidity of others. Each and every one of you must make sacrifices to become a hero possessed of courage and intrepidity. Then only shall we all be able to enjoy true freedom. JUST LAWS are needed create a society where people can fulfill the basic requirements necessary for the preservation of human dignity w/o recourse to corrupt practices. QUINTESSENTIAL REVOLUTION : REVOLUTION OF THE SPIRIT, united determination to preserve I the struggle, to make sacrifices in the name of enduring truths, to resist the corrupting influences of desire, ill will, ignorance and fear. GRACE UNDER PRESSURE: more than fearlessness; courage acquired through endeavor Source of Courage and Endurance: firm belief in the sanctity of ethical principles combined with a historical sense that A MAN IS SET ON AN ULTIMATE COURSE for both SPIRITUAL and MATERIAL ADVANCEMENT. PERFECTION: at the root of human responsibility; the urge to achieve it and find a path towards it.

9. Human Rights and Spirituality: Mutually Exclusive or Supportive? Bas De Gaay Fortman

UDHR makes no mention of religion as a possible basis for such fundamental human rights Reason for this is that the gist of UDHR remains centered on the individual, and the fact that the declaration in the UDHR began and ended with the human being, without any reference to God, was sufficient reason to exclude religion as basis for fundamental human rights In the rights included in the UDHR, religion was included: 1) freedom of worship or non-worship and 2) exercise of religion of choice with all that belongs to it (i.e. beliefs and institutions) Different views regarding the superiority of human rights over religion and vice versa Generalized statements on the superiority of human rights to religion can provoke violent reactions (book example: Sudanese government p.75)

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Human rights, in essence are God-given, and that each violation of human rights is contrary to Gods plan and sinful The gospel is seen as the deepest foundation of all human rights Does religion need human rights? Religion provides us with a transcendental basis for morally justified behavior However, not all religions promote human rights Religious power, like other powers, may be subject to abuse; power should always be bound or tied to certain norms Where such norms express the fundamental freedoms and entitlements of each human being, that is what we call human rights Religious power is subject to ideologisation and institutionalization, which is why it is important for it to be tied to certain norms These norms must be those that promote human rights since human rights put the human being above ideology and the dignity of the individual above organization, which in turn, regulate the power found in religious institutions Religion needs human rights to criticize the use of power Religion needs human rights to prevent the repetition of mass murders recorded in history, wherein religious institutions back then became sycophants to the authorities, allowing genocide to happen in places like Rwanda, and in the end lost its credibility Does human rights need religion? In the UDHR articles, it is evident that one of its goals is to MAKE EVERYONE COUNT, most especially the have-nots, that they may be emancipated Rights in general and human rights in particular tend to be more action-oriented, thus it has to be accompanied by socio-cultural and political action to the end goal of the inculturation of human rights The main responsibility of one another is for the implementation of the right to life as well as the universal responsibility of people for one anothers freedom (this latter responsibility stems from the fact that sometimes, freedom may be used as a dehumanizing instrument that degrades the dignity of human beings e.g. pornography, as a consequence of basic freedom of expression) Achieving this (being responsible for one anothers freedom or SOCIAL JUSTICE) is the struggle of human rights in our world today, because there are a lot of political and economic constraints Economic constraint: in the free market economy, the weak find no structural protection against unemployment, disease, disability and old age Political constraint: protection of everyone against the abuse of power, including criminals, based on law and jurisprudence that political authorities enact Human rights need religion as cultural basis for its struggles The idea of one persons responsibility for satisfaction of another persons needs is common goal to all world religions The question is how can we help the weak and the have-nots in realizing their rights and giving them their freedom, making them count The weak should not be treated as threats or victims but fellow human beings The goal of the human rights project cannot be achieved without constant moral injection This constant moral injection enables us to think beyond ourselves, beyond satisfying our needs, but instead help out those who are victims of human rights violations religion attains concrete relevance with human right through this We need God to prevent being blinded by the spirits of this time but instead, take active responsibility for the continuation of creation and life (and what better way to achieve this is to promote human rights and human dignity right?)

10. The Right Principles for Companies Amnesty International

Multinational companies have a responsibility to contribute to the promotion and protection of human rights. Their decisions and actions impact directly on government policies. The UNIVERSAL DECLARATION OF HUMAN RIGHTS calls on every individual and every organ of society to play its part in securing universal observance of human rights. Companies and financial institutions are organs of society. All companies have direct responsibility to respect human rights in their own operations. Their employees and other people with whom they work are entitled to rights such as freedom from discrimination, the right to life and security, and freedom from slavery, freedom from association, including the right to form trade unions, and fair working conditions. Amnesty International believes that the business community also has a wider responsibility moral and legal-to use its influence to promote respect for human rights, and to stop violation of human rights by governments and armed political groups in the countries in which they operate. Amnesty International has developed an introductory set of human rights principles, based on international standards, to assist companies in developing their role in situations of human rights violations or the potential for such violations. These are: Responsibility for Own Operations: Personnel Practice and Policies Standards relating to labor rights have been developed by a variety of international organizations, notably the International Labor Organizations, to deal with complex and sensitive personnel issues such as child labor, companies would find it useful to consult relevant specialists and NGOs familiar with particular ILO Conventions. Security Arrangements Violence and instability in many countries today have led companies to defend their personnel and property by armed guards or government security forces, which sometimes contribute human violations. A company must ensure that its security personnel should be properly screened and trained in and committed to respect the international guidelines and standards for the use of force, in particular the UN Code of Conduct for Law Enforcement Officials and theUN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. Responsibility for Promoting and Upholding Human Rights Companies should cooperate in creating an environment where human rights are understood and respected.

Multinational Companies can improve their ability to promote human rights by:

1. Developing explicit company policy on human rights Providing effective training for their manages and their staff in international human rights standards, preferably with input and assistance from appropriate NGOs Consulting NGOs, including Amnesty International, on the level and nature of human rights abuses in different countries. Establishing a clear framework for assessing the potential impact on human rights for all the companys and its sub-contactors operations. 2. Implementation and Monitoring

The monitoring of company policies and practices lies with the company itself, however, there should be a periodic independent verification by other stake holders of the company such as its independent employee associations and trade unions, also NGOs and members of the local community in which the company operates 3. NGO Involvement and Industry Initiatives Lawyers Committee for Human Rights The process of globalization and the drive to open markets has spurred growth and development in parts of the world, it has also exacerbated existing problems in violation of human rights. The Lawyers Committee believes that advocating for the global enforcement of internationally recognized labor rights must go hand in hand with the drive to open markets and enhance global competitiveness. Apparel and Industry Partnership The AIP was initiated by the White House in August 1996 to take steps to protect workers worldwide and to give the public the information it needs to make informed purchasing decisions.

5) Shantistar Builders - SC stated that the right to food, the right to clothing, the right to decent environment and a reasonable accomodation. 6) Cyprus v. Turkey - violation of the right to respect for the house by eviction of Greek Cypriots which was embodied in the Constitution of Turkey. - world has growing acceptability of social, economic and cultural rights as enforceable and justiciable. In the Philippines, these rights can be enhance thourgh a statute known as LAW OF AMPARO: inteneded to protect social, economic and cultural rights not protected by habeaus corpus. Combination of 5 (PURAA) autonomous procedural function: 1) Protection of life and liberty; 2) challenging Unconstitutional laws; 3)Resolution of conflicts stemming from administrative acts and decision; 4) Appeal of judicial decisions; 5) protection of rights subject to Agrarian reform. - SC can adopt rules related to Law of Amparo under the 1987 Constitution which grants that SC can "Promulgate rules concerning the protectio and enformece of constitutional rights... and legal assitance to the underprivileged. - CRITIC of justiciability of ecomic , social and cultural rights - GEORGE MOOSE - Ambasador of UNHR open the possible that the citizens could sue their governments for enforcement of rights.

11. Rights, Obligations and Remedies: International and Domestic Experiences Rene V. Sarmiento
- It has been said that judiciary is a mere passive referee of conflicting rights and duties, a mere adjudicator of clashing claims, generally affraid to be innovative when it finds unfenced spaces in the various aspects of law - but i disagree: The 1981 International Commission of Jurists in its conference on Development, Human Rights and Rule of Law Viewed that: "The RULE OF LAW is a dynamic concept for the expansion and fulfillment of which jurists are primarily responsible and which should be employed not only to safeguard and advance the civil and political rights of the individual in a free society, but also to establish social, economic, educational and cultural conditions under which his legitimate aspiration and dignity may be realized. - 1985 workshop held at Eldoret, kenay discussed the theme "The Role of the Judiciary in Plural Societies discussed JUDICIAL ACTIVISM - an important strategy to overcome all forms of oppression, exploitation, impoverishment, unjustifiable on any model of societal development in Africa and Asia. -In many parts of the globe, the Philippines included, ecomonic, social and cultural rights are being enforced by courts of law in the emerging belief that human rights are indivisible and interdependent. The following are cases cited: 1) Laguna Lake Development Authority vs. Court of Appeals - Issue pertains to the invovling clash between the responsiblity of the Caloocan City Government to dispose of the 230 tons of garbage. SC cited the statement on ecology embodied in the 1987 Constitution Declaration of Principles and State: protect and promote the right to healt of the people and instill health consciousness among them. That the Philippines is a party to the Universal Declaration of Human Rights which recognized healt as a fundamental human right. 2) Agustus L. Momongan v. Rafael B. Omipon, Alfredo Tamano v. Salvador P. Socrates, Oposa v. Factoran - SC affirned the right of the people to a healthful enivornment and healthful ecology. 3) Soria v. Araceli Pineda - invoking 1987 Constitution and Universal Declaration of Human rights orderd Angara Memorial High Schoo to allow Louie Soriao to enroll and to study after he was meted out a disciplinary action without due process of Law. 4) Cullahan v. Carey - United States - recognizing the legal right ot shelter granted a temporary injunction that required NY City to finish a sufficient number of beds to meet the needs of all homeless and men applying for shelter.

- THE SUPREME COURT: Its Responsibilities and Its Membership - Robert Concepcion, Chief Justice of the Philippines wrote: "Upon the other hand, the SC now exercise the power of administrative supervision over all courts and the personnel thereof.. As a consequence, the Supreme Court is now called upon to blaze new trails, and the Philippine Bench, as well as the BAR and the people in general, are looking forward to administrative measures and precedent setting decision tending to bolster up the independence of the judiciary, expedite the administration of justice and otherwise foster the people's faith in our courts of justice as instrumentalities of their welfare."

12. Torture of Women in the Home and Community Amnesty International DEMOCRACY 13. Politics Frederick Copleston, SJ
Key Points: I. The State, like every community, exists for an end. This end is the supreme good of man, his moral and intellectual life. The family life is the primitive community that exists for the sake of life, of the supply of mens everyday wants, and when several families join together and something more than the mere supply of daily needs is aimed at, the village comes into existence.

The State comes into existence for the bare ends of life, but it continues in existence for the sake of good life in any full sense, and Aristotle insists that the State differs from family and village, not merely quantitatively but qualitatively and specially. It is only in the State that man can live the good life in any full sense, and since the good life is mans natural end, the State must be called a natural society. Platonic-Aristotelian View: if the State as exercising the positive function of serving the end of man, the leading of the good life or the acquisition of happiness, and as being natural prior to the individual and the family, has been of great influence in subsequent philosophy. Another accepted perfect society, the Church, whose end is higher than the State.

II.

In the Politics, Aristotles treatment of the family is practically confined to discussion of the master-slave relationship and to the acquisition of wealth.

Slavery is founded on nature. from the hour of their birth, some are marked out of subjection, others for rule. It is clear than some men are by nature free, and others slaves, and that for these slavery is both expedient and right. This view may well seem to us monstrous, but it must be remembered that the essence of Aristotles doctrine is that men differ in intellectual and physical capacities and are thereby fitted for different positions in society. This canonization is largely a historical accident. However, Aristotle tempered his acceptance and rationalization of slavery by insisting that the master should not abuse his authority, since the interests of master and slave are the same by saying that all slaves should have hope of emancipation. Aristotle rejected the legitimacy of the historical origin of slavery, and then proceeded to give a philosophic rationalization and justification of slavery.

rule in turn by a law which gives office to the well-to-do according to their desert. This is practically equivalent to rule by the middle-class, and is more or less a half-way house between Oligarchy and Democracy, since in a Polity, it is needed a multitude that rules- in distinction from oligarchy yet it is not a property less mo, as presupposes a certain amount of money.

VII. Aristotles historical illustration of the various kinds and degrees of revolution which tend
to occur under different Consitutions.

III. Two distinct modes of acquiring wealth, and an intermediate mode:

Grazing, hunting, agriculture. Barter (intermediate mode) a thing is used apart from its proper use, but in so far as it is employed for the acquisition of the needs of life. Barter may be called a natural mode of acquiring wealth. The second, and unnatural mode of acquiring wealth is the use of money as a means of exchange for goods. Money was intended to be used in exchange, but not to increase at interest. To serve as means of exchange is its natural purpose and if it is used to get more wealth merely by a process of lending it, without any exchange of goods for money and without any labour on the part of the lender, then it is being used in an unnatural way. Natural Mode consists in the accumulation of things needed for life. Mans needs set a natural limit to such accumulation.

The revolutionary state of mind is largely brought about by one-sided notion of justice-democrats thinking that men who are equally free should be equal in everything, oligarchs thinking that because men are unequal in wealth they should be unequal in everything. Rulers should have no opportunity of making money for themselves out of the offices they hold, and stresses the requisites for selves out of the offices they hold, and stresses the requisites for high office in the state, namely, loyalty to the Constitution, capacity for administrative work and integrity of character.

VIII. Positive of State (Politics Aristotle book) IX.

1. The State must be large enough to be self-sufficing, but not so large that order and good government are rendered impracticable. In other words, it must be large enough to fulfill the end of the State and not so large that it can no longer do so. As to the territorial extent of the State. This should not be small that a leisured life is impossible not yet so large that luxury is encouraged. Citizens. Agricultural labourers and artisans are necessary; by they will not enjoy citizens rights, only the third class, that of the warriors, will be citizens in the full sense. These will be warriors in youth, rulers or magistrates in middle-age and priests in old age. Education. Must begin with the body, since the body and its appetites develop earlier that the soul and its faculties; but the body is to be trained for the sake of the soul and the appetites for the sake of reason.

2. 3.

4.

IV. Aristotle refused to allow himself to be carried away by Platos picture of the ideal State. He
rejected the Platonic notion of the crche for the children of the guardian-class, on the ground that he who is the child of all is a child of none. He criticized the notion of communism, on the ground that this would lead to disputes, inefficiency, The enjoyment of property is a source of pleasure, and it is of no use for Plato to say that the State would be made happy if the Guardians were deprived of this source of happiness, for happiness is either enjoyed by individuals or it is not enjoyed at all. (Excessive Unification, Plato)

14. Evolution of Democracy Reynato S. Puno

Views on Democracy: 1. Plato - If all were allowed to rule, those of low quality would dominate the state by mere numerical superiority. - In the end, it will bring about a tyranny of the majority. - He predicted that democracy is short- lived as the masses will inevitably surrender their power to a single tyrant, therefore, putting an end to popular government. 2. Aristotle - under certain circumstances, will of the many could be equal to or even wiser than the judgment of the few. - Nevertheless, Aristotle favoured the rule of the upper class for they represent the people of the greatest refinement and quality. 3. John Locke - basis of a political society sis a contract whereby individuals consent to be bound by the laws of a common authority known as civil government - legitimate political power amount to a form of trust, a contract among members of society anchored on their own consent, and seeks to preserve their life, liberty, and property.

V. Qualifications of citizenship by Aristotle

All the citizens should take their share in ruling and being ruled in turn, and the minimum of citizen rights is the right to participate in the assembly and in the administration of justice.

VI. Types of Constitution

Democracy, in his treatment of the comparative merits of various Constitutions appears Aristotles political sense. For him, the ideal is that one man should so transcend all the other citizens individually and in the mass in respect of excellence that he would be the natural monarch and ruler. For Aristotle, Aristocracy us the best form of government for a body of people who can be ruled as freemen by men whose excellence makes them capable of political command. However, Aristotle recognizes that Aristocracy is even too high an ideal for the contemporary State, and so he advocates Polity, in which, there naturally exists a warlike multitude able to obey and to

- believed that the people should not rule directly, but should be governed by a parliament elected by citizens who owned property. - He denied political power to the poor, which can be inferred in his views on the right to suffrage. 3. Thomas Jefferson - agreed with Locke on the social contract and natural, but disagreed with the exclusion of the poor from participating in the government. - He believed that the people, including the ordinary folk, were the only competent guardians of their won role of the people in a republic. Constitutional History of Democracy and Republicanism in the Philippines 1. Malolos Constitution - promulgated on January 21, 1899 by the Revolutionary Government headed by Pres. Emilio Aguinaldo after the declaration of independence from Spain on June 12, 1898. - under this Constitution, the Republic of the Philippines is popular, representative, alternative and responsible and is exercised by three distinct powers, which are denominated legislative, executive and judicial ( Art. 4) 2. Tydings- McDuffie Law - paved the way for the promulgation of the 1935 Constitution - authorized the Filipino people to draft a Constitution with the condition that the Constitution to be drafted shall be republican in form. - The Philippines is a republican state. Sovereignty resides in the people and all government authority emanates from them. (Art. II, Sec. 1, 1935 Philippine Constitution) *A republic, as defined by James Madison, is a government which derives all its power, directly or indirectly, from the great body of the people; and is administered by persons holding offices during pleasure, for a limited period, or during good behaviour. It is essential for such a government that it be derived from the great body of the society, not from an inconsiderable proportion, or a favoured class of it. It is sufficient for such government that the person administering it be appointed either directly or indirectly , by the people; and that they hold their appointments by either of the tenures just specified. 3. 1973 Constitution - adopted verbatim Art II, Sec. 1 of the 1935 Philippine Constitution 4. 1987 Constitution - also adopted Art. II, Sec. 1 of the 1935 Philippine Constitution -the delegates of the 1986 Constitutional Commission adopted the explanation of Jose P. Laurel of a republican government. When we refer to popular government or republican government or representative government, we refer to some system of popular representation where the powers of government are entrusted to those representatives chosen directly or indirectly by the people in their sovereign capacity. (Bread and Freedom, The Essentials of Popular Government) -expanded the democratic space giving the people greater power to exercise their sovereignty. Modes of exercising sovereign authority: 1. Elections- the people choose the representatives to whom they will entrust the exercise of the powers of the government. 2. Plebiscite- people ratify any amendment to or revision of the Constitution and may introduce amendments to the same. 3. Initiative process by which people can directly propose and enact laws. 4. Recall- method of removing a local official from office before the expiration of his term because of loss of confidence.

5. Referendum- the people can approve or reject a law or an issue of national importance. - The Philippines is not only a republican but also a democratic State. (Art. II, Sec. 1. 1987 Philippine Constitution)

15. The Essentials of Popular Government Jose P.Laurel

POPULAR GOVERNMENT are means, in substance, a representative type of government that is controlled by the people, one in which the powers of the government are exercised in accordance with their mandate essential democracy, or a representative democracy, or a republican government (President Roosevelt) To fulfill its mission, it must be grounded on the proposition that state exists for the individual, not the individual for the state PEOPLE sole source of political power the fountainhead of governmental authority, and all the powers necessary to be exercised in the administration of representative government originate in, and are delegated by, an exertion of their sovereign will ESSENTIAL CONDITIONS OF POPULAR GOVERNMENT

1.

REPRESENTATION implies the adoption of an electoral system that will insure free, clean and honest elections; essence of popular government Suffrage basis of representation; the right of people to choose their representatives in the exercise of their sovereign, the delegation of the power of the people to their agents Both a Right and Privilege RIGHT appertaining to the citizen as a particle of sovereignty PRIVILEGE because it is conferred exclusively upon the qualified citizens by the sovereign power in order to serve a general public purpose and not a private purpose or individual advantage If exercised with purity and noble purpose, suffrage is the security of popular government If perverted and manipulated by the government leaders, it serves to undermine the entire edifice of popular government Among the most important sacred rights of the people in self-government, which must be most vigilantly guarded if people desire to maintain for themselves and posterity a republican government, in which the individual may have a voice 2. RENOVATION not only a check upon the excesses of designing and ambitious officials who may want to perpetuate themselves, but also an opportunity for the people to pass judgment upon the official acts of their representative while in office; essential condition of popular government Laws by providing fixity of official tenure and limitation upon reelection, provide necessary guarantees for wholesome renovation 3. CONTROL secures to a representative democracy its popular character Implies not only the adoption of a clean, honest and wise electoral system but also the political education of the citizens in order that they may intelligently participate in the affairs of their government; ultimate sovereign is the electorate, not the government officials Representation, renovation and popular control form the trilogy of popular government; must not only be unimpaired, but also effective, alive and real

16. THE VITAL FUNCTIONS OF GOVERNMENT BY Jose P. Laurel There are four headings on the vital functions of government since Platos time HEALTH (peoples livelihood) JUSTICE (material and moral reward for their efforts) EDUCATION (development of their potentials) OPPORTUNITY (realization of their happiness and success under an atmosphere of order and security) -Every democratic country in the world will be judged, according as it succeeds or it fails to render or perform adequately the 4 standards 1. HEALTH -no government can be called successful of if the people are suffering from malnutrition or prey to different diseases -unhealthy man = unhappy man, a forfeited asset of the economy -Philippines: low cost of living, shortages of cereals, deficiency diseased like beri-beri and tuberculosis *about 15 people every minute die of tuberculosis -slums are getting bigger instead of smaller 2. JUSTICE -equality before the law -not only material goods but also moral intangible satisfactions -equal protection -non-discriminatory dispensation of rewards for labor and service -very few can afford legal counsel because they cannot afford it or the courts are biased against him -consequence of lack of justice: prevailing lack of confidence in the government 3. EDUCATION -necessary for the peoples happiness and progress -the kind of education gets determines his behavior -ill-conceived and ill-administered educational system -> ill-educated citizens -unequal educational opportunities to the poor -> their loyalty will be to their class and not to the country -educational system that does not lay emphasis on the nations great past, on the lives of heroes -> citizens who have little confidence, colonial-minded, weak enthusiasm for labors of national construction -education that has too little spiritual content -> citizens that will not sacrifice physical comfort for the things of the spirit -education that is too spiritual will not equip a man for the practical duties of a modern citizen -education that prepares men and women for crafts and vocations -> nation of robots -neither gives spiritual or vocational -> Purpose of the education: as the Greeks said, to develop the full man, the man that can face steadily -Phils is still a long way to good education -the government has been too engrossed in petty problems and not the big ones like this -an education that is responsive and adequate to the demands of the nature, the demands the idiosyncrasies of our people 4. OPPORTUNITY -that every citizen may find a decent place for himself

1. 2. 3. 4.

-without freedom and security, it does not have the fill opportunity to work on its own destiny -nor have opportunities to work out his own destiny -each citizen must be provided with an opportunity to earn an honest living, to be useful and of service to his neighbors and to the community, to be a self-supporting producer of things that are needed whether in the form of goods or services -this means a gainful occupation, a job that enables one to earn enough for ones family, a medium of security in old age, and to cushion one against destitution when sick or incapacitated *HOW IS OUR GOVERNMENT TODAY DISCHARGING THESE VITAL FUNCTIONS? -To answer the question, there is no need to give a long exposition they are in the lips of the unemployed, the thousands of rural areas, slums. -the administration must be reminded again and again of these functions so that these functions be discharged and by finally rousing itself to undertake them systematically and earnestly

17. The Impact of People Power on Our Legal System Raul C. Pangalangan
Differences between EDSA 1 and EDSA 2 EDSA 1 - involved the direct exercise of the power of revolution to overthrow a whole government - extra-constitutional - Cory had dispensed with the old constitution altogether - Cory Aquino candidly declared the revolutionary and extra-constitutional character of her assumption into power EDSA 2 - merely the exercise of the freedom of speech and of assembly - intra-constitutional - GMA assumed power under the existing Constitution and did not declare a revolutionary government - The legitimacy of GMA's government thus derived from the Constitution, which required, for the Vice President to succeed into the President, the resignation of Erap. The Court found that the "totality of prior, contemporaneous and posterior facts and evidence" show intent to resign coupled with actual acts of relinquishing office. - The Court interpreted the Constitution to mean that Erap was "incapacitated", not by sickness but by induced political paralysis through "withdrawal of support" by various centers of power in government, including the military and by civil society.

Words of Caution about the danger of possible excesses flowing from People Power (by Justices) - opening the "floodgates" of the raw power of the people- while acutely aware of the imperatives of democratic governance - the right to rebel, while not a constitutional principle, is a natural right which, even then, must be exercised only for weighty and serious reasons

- the use of "People Power" to create a vacancy in the presidency can very well encourage People Power Three, Four and People Power ad infinitum. * We have a Constitution, but there is no Constitutionalism. Here, the people rule. Constitutionalism- a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law. Constitutionalism takes politics away from the people, it distrusts the raw power of the masses, and would rather channel this energy toward government offices - directly elected representatives and appointed judges - farther and farther away from the people. * What makes People Power constitutionally difficult is precisely what makes it so special: it is peaceful and relies purely on the ascendancy of its cause.

Like any other entity, civil society exists and operates within the legal framework laid down by our Constitution and our laws. Thus, it enjoys all the rights guaranteed to all persons under the Bill of Rights; among these are the freedoms of speech, association, and assembly; and the right to information on matters of national concern. In fine, civil society must draw the line between, on one side, legitimate protest and active participation in government; and, on the other side, unlawful mass actions, interference and destabilization efforts. One only needs to be reminded that democratic space is healthy for the advancement of both democracy and development, while anarchy is destructive of both liberty and prosperity. Ways of Contributing to Economic Growth There is a growing agreement that civil society, civic culture, and social capital are all important for strengthening democracy and enabling conflict resolution. Fostering democratic governance should therefore be a good way in which civil society could contribute to economic growth. Regarding our Philippine experience, I contributed my own view that the peculiar facts and distinct circumstances of the Philippines would make the formula Liberty and Prosperity still the most viable economic and judicial philosophy here. After all, during the years of Martial Law, authoritarian rule was proven to be incapable of producing meaningful long-term economic progress. Even more important, our people value their freedoms very dearly and will not exchange them for food. They may endure occasional hunger, but they will never tolerate injustice and indignity for long. Role of Donor Agencies intended to facilitate and enhance access to justice by the poor; in turn, greater access to justice should pave the way for economic development. The United Nations Development Programme (UNDP), for instance, has been actively engaged in building and enhancing the capacities of the courts, the prosecution and law enforcement arms of the government, as well as legal support groups. The UNDP seeks to achieve these goals by supporting the following: 1. The development, institutionalization, and implementation of policies and mechanisms to address problems of the poor, especially the women, to help them gain greater access to justice 2. Critical justice agencies, so they may increase their awareness of and enhance their capacities for respecting, protecting and fulfilling the rights of the citizens -- particularly the poor and disadvantaged -- through programs such as free legal assistance, education, and enhanced information and communication technologies 3. Linkages and synergy among various agencies under the five pillars of justice and at all levels

18. Civil Societys Role in Promoting Democracy and Development Artemio V. Panganiban
Declared his vow to lead a judiciary characterized by 4 ins: Ins: integrity, independence, industry and intelligence; and one that is morally courageous to stand its ground against the onslaughts of influence, interference, and indifference And a judiciary that is impervious to the plague of ships kinship, relationship, friendship and fellowship. And one that battles what I call the ACID problems of (1) limited access to justice by the poor, (2) corruption, (3) incompetence and (4) delay in the delivery of quality judgments. In reforming the judiciary, I shall focus on these four ACID problems that corrode justice in our country. This vision of a reformed judiciary and a revitalized legal profession is directed towards two loftier goals safeguarding the liberty and nurturing the prosperity of our people, while upholding the rule of law and the independence of the judiciary. civil liberties - the inviolability of our persons and our homes from arbitrary searches and seizures, those guaranteeing our freedoms of abode and travel, and the so-called Miranda rights of persons accused of crimes.

Civil Societys Role in Liberty and Prosperity Civil society, as we know it now, includes self-help groups; neighborhood associations and community organizations; religious and spiritual societies; professional associations; business foundations; local philanthropies; private voluntary organizations (PVOs) and nongovernmental organizations (NGOs); and a wide variety of aggroupments: workers, farmers, urban poor, indigenous people, elderly citizens, disabled people, media practitioners, religious and church people, women, children, students and the like. Civil society should likewise be credited for directing attention and channeling resources to the needs of the poor and disadvantaged majority of our society. This all-encompassing role of civil society makes it a necessity in a democracy -- as essential to good governance as a robust media and an idealistic student movement. Legal Framework for Participation

4. Efforts to strengthen and expand stakeholder networks and partnerships among the government, civil society, academe, church, private sector and media; and their initiatives to advocate, review and monitor reforms in the justice and human rights sector To reduce human poverty in the Philippines, UNDP seeks to promote growth with equity, an objective that entails creating more wealth while closing the gap between the rich and the poor. Role of Civil Society From the foregoing discussion, it is obvious that civil society assists the three great branches of government in their common effort to uplift our people from the plagues of misgovernance, tyranny,

poverty and want. Specifically, it can also play a significant role in promoting economic development by supporting judicial initiatives along this line. That support can take various forms. First, civil society can initiate the judicial process by prosecuting or defending cases and causes that bear upon economic development. As you know, the judiciary cannot act, unless appropriate proceedings are initiated by proper parties. Here, civil society can tap the help of professional lawyers groups like the Integrated Bar of the Philippines, the Philippine Bar Association, and the Free Legal Assistance Group (FLAG). Second, civil society should push for the legal empowerment or the use of the law by the poor to exercise more control over their lives. On this point, let me refer to an ADB-commissioned study on how legal empowerment contributes to good governance, poverty reduction and other developmental goals. That study recommended 1) raising awareness of the law and the rights it confers through a mix of informational/educational campaigns and trainings; 2) extending legal assistance, so that the poor can take action to assert their rights or push for the enforcement of judgments; and 3) ensuring participation by the poor or their representatives in local governance structures. Third, civil society can advocate collective cooperation in solving poverty. Ingenious ways of reducing this problem have recently been aired in the wake of global recognition of the widening gap between the rich the poor. Calls to reduce poverty include proposals to buy peace by seeing to it that what would otherwise be allocated to military spending and other concerns are rechanneled towards providing for the worlds poorest of the poor, whose societies are destabilized by extreme poverty and thereby become havens of unrest, violence, and even global terrorism.

1.

Elections and Reforms

Electoral reform is a broad term that covers improving the responsiveness of electoral processes to public desires and expectations. For Irena Hadziabdic, Central Election Commission President of Bosnia and Herzegovina: i. Electoral reform is a change of the election system in order to improve the way that public desires are reflected in the elections and could include eligibility to vote, voting systems, design or implementation of new ballot system or new voting equipment, appointing election management bodies, voter registration system, measures against bribery and conflict of interest, election campaign rules, financing of candidates and political parties etc! ii. It has to involve representatives of the government, academe, political parties, nongovernmental sector, legal and international experts to be successful.

For Dr. KwadwoAfari-Gyan, EMB Ghana President i. Electoral reforms could be changes that are far and between because they are structural (replacing centralized counting by polling station counting system); or ii. could be changes that are regular because they are non-structural (replacing opaque ballot boxes with transparent ones)

19. Free at Last Nelson Mandela

Ways of creating a better life for all South Africans: Creating Jobs Building Houses Providing Education Peace Security 1. 2.

All these changes must be characterized by transparency, professionalism, use of information technology and expansion of the frontier of voters education. i. Transparency includes presence of audit trials in the voting processes and stakeholders inputs to the electoral system. ii. Professionalism means better training and better facilities for personnel and voters. iii. Information technology tool to efficiently conduct elections. iv. Frontier of voters education should be descriptive and demonstrative to impart democratic values to voters.

2.EMB and Women EMB has to provide a good example on gender balance issues in all its activities. Making certain that there is gender balance in its own personnel and activities will promote EMBs credibility as it taps womens capabilities for its membership, professional and support staff, permanent and temporary, consultants and advisers. Comm. Sarmiento: we should have female commissioners.

20. From Some of the Worlds Electoral Democracies: Insights and Best Practices Rene V. Sarmiento
The COMELEC of the Philippines was invited to participate in the global forum themed Credible Elections for Democracy, held in Africa, to share its experience on the countrys first automated national elections and electoral reforms. Electoral reforms in the Philippines: Biometric registration Detainee voting Express lane for the elderly, pregnant women and persons with disabilities Automation of national elections Some of the insights and practices of Electoral Management Bodies worth pondering upon:

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Elections and Electoral Justice

Electoral Justice represents the ultimate guarantee of free, fair and genuine elections and is decisive in ensuring the stability of the political system. Electoral justice is not a branch of law like insurance law but that it is supra public law since it interfaces law and politics and in the final analysis is a political process.

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Elections and Media

21. We Live in a Contaminated Moral Environment Vaclav Havel

Key Points: We learned not to believe in anything, to ignore each other, to care only about ourselves. Moral Atmosphere talk all about US. We had all become used to the TOTALITARIAN SYSTEM and accepted it as an unchangeable fact and thus helped to perpetuate it. None of us is just its victim but we are also its co-creators Totalitarianism (or totalitarian rule) is a political system where the state recognizes no limits to its authority and strives to regulate every aspect of public and private life wherever feasible. Totalitarian regimes stay in political power through an all-encompassing propaganda disseminated through: the state-controlled mass media; a single party that is often marked by personality cultism; control over the economy, regulation and restriction of speech; mass surveillance, and widespread use of terror. The concept became prominent in Western anti-communist political discourse during the Cold War era in order to highlight perceived similarities between Nazi Germany and other fascist regimes on the one hand, and Soviet communism on the other. We cannot blame the previous rulers for everything, not only because it would be untrue but also because it could blunt the duty that each of us faces today, namely, the obligation to act independently, freely, reasonably and quickly. Freedom and Democracy include participation and therefore responsibility from us all I dream of a republic: Independent Free Democratic Economically prosperous Socially just Humane republic Serves the individual Holds the hope that the individual will serve it in turn Republic of well-rounded people because without such it is impossible to solve any of our problems, human, economic, ecological, social or political. VACLAV HAVEL (5 October 1936 18 December 2011) A Nobel Peace Prize nominee, he was the ninth and last president of Czechoslovakia (1989 1992) and the first President of the Czech Republic (19932003). He wrote more than 20 plays and numerous non-fiction works, translated internationally. On 29 December 1989, while he was leader of the Civic Forum, Havel became President of Czechoslovakia by a unanimous vote of the Federal Assembly. This was an ironic turn in the fate of a man who had long insisted that he was not interested in politics. As many other dissidents of the previous period of Communist rule, he argued that political change in the country should be induced through autonomous civic initiatives rather than through the official institutions. In 1990, soon after his election, Havel was awarded the Prize For Freedom of the Liberal International.

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Media should be treated as friends. Updates and information about election matters should be shared with them. Media should be given training and briefing on election processes and procedures. After all, successful elections depend on an informed citizenry and media plays a big role in ensuring transparent and successful elections.

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EMB and Political Pressure Two areas where political pressure come in: i. Appointment of members in the EMB those appointed are close to the appointing authority and some are placed in the positions to weaken the independence of the institutions. ii. Release of budget for the EMB budget is not released immediately and is used as a leverage against EMBs. Suggestions: i. Cultivate good relationships with political parties, media and other stakeholders and involve them in electoral activities. ii. Make them realize that they have rights and responsibilities in the electoral process. 6. Elections and Youth Generally, the youth in many countries are not interested in elections. Political parties should make efforts to educate and encourage them to be involved in electoral politics.

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Elections, Democracy and Violence Elections exist as a cornerstone of democracy that empowers people to participate in the selection of their political representatives. However, while an increasing number of countries conduct elections as a peaceful means of discerning the will of the people, there is a need to address the root causes of, and reduce the potential of election related violence. There should be incorporation of human rights into the national educational curriculum, establishments of long-term election conflict management, gender balance of the leadership in election administration, and enforcement of an Electoral Code of Conduct.

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Elections and the Newly-created Global Commission on Elections, Democracy and Security

The Commission serves as a useful forum for issues relating to elections, democracy and security, and as a collective voice to urge and push for electoral reforms. Purposes: Address the root causes of election-related violence Promote gender equality and empower women in the conduct and administration of elections Bring to the attention of the electoral authorities, political parties, civil society, and the media the experiences and outcome of the conference Endeavor to ensure more credible electoral processes.