CITIZENSHIP TRAINING
EVOLUTION OF NSTP
Commonwealth Act No. 1 (National Defense Act of 1935)
- used to help institutionalise reservist system
- tertiary (male) students complete 2 years (4 sems) of military training
Presidential Decree No. 1706 (National Service Law)
Made up of three program elements:
- Military Service (MS)
- Law Enforcement Service (LES)
- Civic Welfare Service (CWS)
College students were given the choice to pick between the three to complete school requirements
Republic Act 7077
Pres Memorandum Order No. 1
former president Corazon Aquino
concept of basic ROTC (Reserve Officers’ Training Corps)
effective school year 1986-1987
Republic Act 9163 (NSTP Act of 2001)
- ROTC made option under National Service Program
- envisioned to address public clamor for reforms in ROTC and NSP programs
- signed into law through then president Gloria Macapagal-Arroyo
- aggressive modality
- applicable to changing needs
- ensures that CWTS, LTS, and ROTC are given equal implementation
CWTS and LTS are dedicated to following objectives:
- strengthen the values and traits of the youth
- improve skills and knowledge on various endeavours
- develop interest in community service
- make them responsible for peace and development for harmony and growth in Filipino communities
NSTP LEGAL BASES
Commonwealth Act No. 1 (National Defense Act of 1935)
- enacted by National Assembly of the Philippines
- December 21, 1935
- obligatory military service (male, ages 18-30)
Presidential Decree No. 1706 (National Service Law of 1980)
- signed by president Marcos
- August 8, 1980
- made national service obligatory
Three categories of National Service:
- Civic Welfare Service
- Law Enforcement Service
- Military Service
1987 Constitution of the Republic of the Philippines
- supreme law
- final draft by Constitutional Commission on October 12, 1986
- ratified on nationwide plebiscite on February 2, 1987
Republic Act 7077 (Citizen Armed Forces of the Philippines Reservist Act of 1991)
- enacted by 8th Congress of the Philippines
- June 27, 1991
- training of reservists
- a.k.a citizen soldiers
- primary people are ROCT graduates
Republic Act No. 9163
- NSTP Act of 2001
- president GMA
- January 23, 2002
THREE COMPONENTS OF NSTP
Civic Welfare Training Service (CWTS)
- program contributory to general welfare
- devoted on improving health, education, environment, etc
- betterment of society
Literacy Training Service (LTS)
- training of non-licensed instructors
- functional literacy and numeracy skllls
Reserve Officers’ Training Corps (ROTC)
- sections 38 and 39 of RA 7077
- a.k.a Citizen Armed Force
- a.k.a Armed Forces of the Philippines
- Reservist Act of 1991
- prepare students for national defense preparedness
THE 1987 PHILIPPINE CONSTITUTION
Preamble
We, the sovereign Filipino people, imploring the aid of Almighty God in order to build a just and humane society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this constitution.
The Preamble is not a source of rights or obligations, but sets down the origin or scope and purpose of the Constitution
ARTICLE 2: DECLARATION OF PRINCIPLES AND STATE POLICIES
Elements of a “State”
- people
- community, held together by common law, no legal consequence against racial, cultural, or economic interests
- territory
- sovereignty
- legal sovereignty - supreme power, affect legal interests, normally exercised by state agencies, exclusive capacity of legal self-determination and self-restriction”
- political sovereignty - sum total of all influences in state
- government
- institution or aggregate of institutions
- carries out rides of action which are necessary to enable men to live in a social state
Sec. 3
- civilian authority > military
- armed forces is the protector of people and state
Existence of Armed Forces
- to secure sovereignty of state
- preserve integrity of national territory
Sec. 9
- state promote just and dynamic social order
- ensure prosperity and independence of nation
- improved quality life for all
Sec . 10
- state shall promote social justice in all phases of national development
Sec. 11
- state values dignity of every human person
- values full respect for human rights
Sec. 12
- state recognizes family life
- equally protect life of mother and unborn child from conception
Sec. 13
- state recognizes youth in nation-building
- protect and encourage their involvement in public and civic affairs
Sec. 14
- state recognizes role in nation-building
- ensure fundamental equality before the law of women and men
Sec. 17
- state priority to science, technology, arts,, etc
- for progression of country
Sec. 22
- recognizes and promotes rights of indigenous cultural communities
ARTICLE: BILL OF RIGHTS
Sec. 2
- right to be secure in persons, houses
- protected against unreasonable searches and seizures
- no search warrant (or arrest) unless determined by the judge and files procured
Sec. 7
- right to access to information
- official records, documents, etc
Sec. 9
- private property will not be taken for public use without just compensation
- property must be paid, even if under government
Sec. 11
- free access to courts and quasi-judicial bodies
- legal assistance shall not be denied
Sec. 12
- Any person under investigation have the right to be informed of his right to remain silent
- Torture is prohibited
- Any confession obtained of this or Section 17 (compelled to be a witness against himself) shall be inadmissible
- Law shall provide for sanctions for violations of the section
Sec. 14
- no person shall be held to answer for criminal offense without process of law
- accused shall be innocent until the contrary is proved, enjoy right to be heard
Sec. 15
- habeas corpus (questioning of one’s detainment) shall not be suspended except in cases of invasion or rebellion when the public safely requires it
Sec. 16
- all have right to speedy disposition of cases before all court bodies
Sec. 17
- no person shall be compelled to be witness against himself
Sec. 18
- no one shall be imprisoned solely because of political beliefs and aspirations
- involuntary servitude only allowed as a punishment for a crime where party have been duly convicted
Sec. 20
- no person shall be imprisoned for debt or non-payment of a poll tax
Sec. 21
- no person shall be twice put in jeopardy of punishment for same offense
- if act is punishable by law/ordinance, conviction or acquittal shall constitute
Sec. 22
- no ex post facto (project that has begun/completed) or bill of attainder (punishment without trial) shall be enacted
CITIZENSHIP
Sec. 1: Citizens of the Philippines
- citizens of the country at tome of the constitution
- parents are citizens of the Philippines
- born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship before reaching majority age
- naturalized in accordance with law
- personal, more or less permanent membership in a political community
- denotes possession
- imposes duty of allegiance to political community
Modes of Acquiring Citizenship
- jus sanguinis - citizenship, blood relation
- jus soli - citizenship, blood relationship
- naturalization - adopting an alien, clothing with privilege of a native born citizen, follows rule of juis sanguinis, provides naturalization
Sec. 2
- natural-born citizens are those not needing to perform any act to complete their Philippine citizenship
- those who elect Philippine citizenship shall be deemed natural-born citizens
Sec. 3
- Philippine citizenship may be lost or reacquired in the manner provided by law
Repatriation - recovery of original citizenship, if what was natural born citizenship, that will be acquired
Accomplishing repatriation:
- Take necessary oath of allegiance to Republic of the Philippines
- Registration in proper civil registry and in Bureau of Immigration (which will cancel alien certificate)
DUTIES AND OBLIGATIONS OF CITIZENS
- To be loyal to the Republic
- To defend the State
- To contribute to the development and welfare of the State
- To uphold the Constitution and obey the laws
- To cooperate with duly constituted authorities
- To exercise rights responsibly and with due regard for the right of others. No man is an island and we have to live with others
- To engage in gainful work
- To register and vote