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RODRIGO DUTERTES FIRST 200 DAYS


IN OFFICE, IN CONTEXT OF ARTICLE
THREE OF THE 1986 PHILIPPINE
CONSTITUTION

By:
John Angelo Yap

A RESEARCH
Submitted in Fulfillment
of the Requirements for English 112.

January 2017

ACKNOWLEDGEMENT
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Foremost, I would like to express my sincere gratitude to my teacher, Mr. Jimmy Ledda,

for greenlighting my idea for a meaningful, although controversial, topic as my research

topic.

Besides my advisor, I would like to thank my parents for providing me with necessary

equipments for research: a laptop, access to internet, and a shelter.

I would also like to thank God for giving me life.

Table Of Contents

1. INTRODUCTION -------------------------------------------------------------- 4
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1.1. Background of the Study -----------------------------------------------------

4
1.2. Objective/s -------------------------------------------------------------- 4
1.3. Scope and Limitations -----------------------------------------------------

5
1.4. Significance of the Study -----------------------------------------------------

6
1.5. Definition of terms ----------------------------------------------------- 7
2. REVIEW OF RELATED LITERATURE -------------------------- 8
3. METHODOLOGY ------------------------------------------------------------- 13
3.1. Research Design
3.2. Descriptive Methodology
4. PRESENTATION AND ANALYSIS -----------------------------------15
5. CONCLUSION AND RECOMMENDATION ------------------------- 19
5.1. Conclusion ------------------------------------------------------------- 19
5.2. Recommendation -------------------------------------------------------------

19

Bibliography ---------------------------------------------------------------------- 20

Appendix --------------------------------------------------------------------------- 23

Curriculum Vitae ------------------------------------------------------------- 24

Chapter 1 INTRODUCTION

I. Background of the Study:


Philippines, in all its flaws and glory, has come under the stewardship of President

Rodrigo Roa Duterte and its management since July 30, 2016. Under his wing, the
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Philippines has undergone many issues and disputes, spawned mostly by his unorthodox

way of supervision and his still ongoing war against illegal drugs, among many others.

This, along with our countrys many problems unresolvedwwwww, has turned the

worlds eye on us and prompted investigations from many human rights council around

the world, including the United Nations.


This study aims to study and measure the severity, or lack thereof, of any

violations of Article 3 of the 1986 Philippine Constitution, otherwise known as the Bill of

Rights, in Rodrigo Roa Dutertes first 200 days in office.

II. Objectives of the Study:


GENERAL OBJECTIVE:
This study aims to study and measure the severity, or lack thereof, of any

violations of Article 3 of the 1986 Philippine Constitution, otherwise known as the Bill of

Rights, in Rodrigo Roa Dutertes first 200 days in office.

SPECIFIC OBJECTIVE/S:
This study aims to:

To determine which sections of Article 3 of the 1986 Philippine

Constitution are violated under the management of the Duterte

administration, but not strictly those wherein he has direct, nor indirect,

influence.
To infer if the Bill of Rights is irrelevant in this day and age.

III. Scope and Delimitations:


The scope of the study focuses only on understanding the administration of

Rodrigo Roa Dutertes management, in context of the Bill of Rights in his first 200 days

in office, implying specifically that:


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a. This study will not concern itself with any other violation of law, even with

direct influence from President Duterte, but only a violation of the Bill of

Rights.
b. This study is not a study of human rights in general, but a study of defilements

specifically against, and only against, the Bill of Rights. Laws, such as the

Magna Carta of Women, are of no importance to this study therefore,

irrelevant.
c. This study will only concern itself with the events that transpired in Rodrigo

Dutertes first 200 days in office. Any events before July 24, 2016 and after

January 17, 2017 is inadmissible therefore, irrelevant.

IV. Significance of the Study:

A research on Rodrigo Dutertes first 200 days in office, in context of Article

Three of the 1986 Philippine Constitution will be of paramount benefit to, and only to,

two different kinds of people: the ones in need of a reference, and the ones genuinely

curious.
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Definition of terms:

Bill of Rights - specific protections against the abuse of state power, most of which are

similar to the provisions of the contemporary U.S. Constitution.

1987 Philippine Constitution - supreme law of the Republic of the Philippines.

Double Jeopardy incrimination for the same crime

Ex post facto laws - makes illegal an act that was legal when committed, increases the

penalties for an infraction after it has been committed, or changes the rules of evidence

to make conviction easier.

Habeas corpus - recourse in law whereby a person can report an unlawful detention or

imprisonment before a court, usually through a prison official.

Self-incrimination the act of being a witness against ones self.


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II. REVIEWS OF RELATED LITERATURE

THE 1987 CONSTITUTION OR THE CONSTITUTION OF THE REPUBLIC OF


THE PHILIPPINES

According to Official Gazette of the Philippines, The Constitution of the

Philippines (Saligang Batas ng Pilipinas) is the constitution or supreme law of the

Republic of the Philippines. Its final draft was completed by the Constitutional

Commission on October 12, 1986 and was ratified by a nationwide plebiscite on February

2, 1987.

The constitution contains a preamble and 18 self-contained articles, with a section

numbering that resets every article.

ARTICLE THREE OF THE 1987 PHILIPPINE CONSTITUTION

According to the Official Gazette of the Philippines, Article Three of the 1987

Philippine Constitution, or more commonly known as the Bill of Rights, enumerates


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specific protections against the abuse of state power, most of which are similar to the

provisions of the contemporary U.S. Constitution. The sections of which are the

following:

o the right to due process


o a right against searchers and seizures without a warrant
a right to privacy
o a right to freedom of speech
o a right to free exercise of religion
o the right of abode and travel
o a right to information on public matters
o a right to form associations
o a right for his own land
o a right impairing the obligation of contracts
o a right to free access to judicial courts
o a right to remain silent, and acquire legal counsel
o a right to be held to answer for a criminal offense without due process of

law
a right to bail
o a right to habeas corpus
o the right to a trial
o a right against self-incrimination
o a right to any political belief
o a prohibition against cruel, degrading punishment
o a protection against imprisonment for debt
o a right against double jeopardy
o a prohibition of ex post facto laws

CHAUNCEY WILSONS MANAGEMENT AND USABILITY SEVERITY SCALE

According to MeasuringU, Chauncey Wilson suggests that management and

usability severity scales should match the severity rating of any problems that may arise

in a small-scale companies to extensive reaches of a country. He offered a five-point scale

with the following levels.


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Level 1: Catastrophic problems and defilements causing irrevocable loss of faith

and irreparable damage. Most people doesnt trust in authority anymore due to extensive

impairments caused by the authority.

Level 2: Severe problem, causing possible loss of faith. People has no

workaround to the problem, many doesnt trust in authority anymore.

Level 3: Moderate problem causing no loss of faith nor damage, but wasted effort

and time to start from scratch. There is a workaround to the problem. Internal

inconsistencies will result in some people mistrusting the authority.

Level 4: Minor but irritating problem. People starts to get suspicious. No loss of

faith, nor damage. No wasted time nor effort. Commonly a steppingstone to bigger

problems.

Level 5: No problems at present.

DUTERTE LAUNCHES A PROFANITY-LACED TIRADE VS U.N. HUMAN

RIGHTS COMMISSIONER

Per report of GMA News, President Rodrigo Duterte has only choice words for United

Nations High Commissioner on Human Rights Zeid Ra'ad Al Hussein for tagging him as

a murderer.

"I think there is one United Nations official, human rights. Sabi niya si Duterte daw is a

murderer, should be charged for murder. Dapat daw ako kasuhan. This guy is ever the
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joker or medyo sira ang ulo," he said in a speech delivered during the Convergence of

Nanay Volunteers as Community Drugwatch in Angeles City, Pampanga on Thursday.

Duterte has denied that he went around Davao City to look for criminals to kill,

explaining he killed kidnappers and hostage-takers during police operations.

DUTERTE THREATENS TO KILL HUMAN RIGHTS ACTIVISTS IF DRUG

PROBLEM WORSENS

Per report of GMA News, President Rodrigo Duterte has threatened to kill human rights

activists critical of his take-no-prisoner tactic against illegal drugs, which has claimed the

lives of some 5,000 people allegedly involved in the narcotics trade.

In a speech in Malacaang on Monday night, Duterte said those accusing him of ordering

the summary executions of drug personalities should be blamed if the countrys drug

problem worsened.

DUTERTE: HUMAN RIGHTS THE ANTI-THESIS OF GOVERNMENT

Per the Philippine Daily Inquirer, President Rodrigo Duterte on Friday told cops to ignore

criticisms from human rights groups, saying the concept of human rights is the anti-

thesis of government.

Local and international human rights groups have been alarmed by what they believe is

Dutertes blatant disregard for human rights, as the death toll in his administration's war

on drugs continues to rise by the day.


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ALVAREZ: OKAY TO SHOW DE LIMA SEX TAPE

Per Rappler, speaker Pantaleon Alvarez said on Wednesday, September 28, that he has no

problem with showing the alleged sex video of Senator Leila de Lima at the next House

probe into the proliferation of drugs at the New Bilibid Prison (NBP).

Alvarez said on Wednesday, September 28, that doing so would prove or disprove De

Lima's alleged affair with her former bodyguard and driver Ronnie Dayan.

III. METHODOLOGY

Research Design

This research study was conducted with three different types of data gathering:

survey, interview, and the researchers own study and investigation of the subject matter.

For the two former, randomized design was completed, wherein the interviewees was
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picked with restriction pertaining to inadmissibility per researchers own observation. As

for the latter, most of the researchers studies will be included in the bibliography.

Descriptive Detailed Methodology

A. Questionnaire
The questions the researcher have asked is in relation, and only to, violations of

the Bill of Rights during Rodrigo Roa Dutertes first 200 days in office. The first

two questions were to determine whether or not the interviewees were biased

against, or for, President Duterte and to discern if there would be a huge

dissimilarity if they were, or they werent, supporters of the current

administration. The rest were in accordance with the study.


B. Process of Data Gathering

The researcher gathered data in survey, interview, and the researchers own study

and investigation of the subject matter. For the two former, randomized design

was completed, wherein the interviewees was picked with restriction pertaining to

inadmissibility per researchers own observation. As for the latter, most of the

researchers studies will be included in the bibliography.

C. Interview and Survey Proper


The interviewees were selected randomly. For the survey, the researcher have

asked them to fill out the questionnaire handed to them. For interviews, the

researcher have asked the interviewees to fill out a form which confirms their

assistance in data gathering.


D. Interpretation
The results of the interviews were consolidated and interpreted by the researcher.
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IV. PRESENTATION AND ANALYSIS

The following data were gathered based on the results of interview and survey prepared

by the researcher:
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A total of 107 people have been interviewed and surveyed for this research.
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As stated above, questions #1 and #2 in the questionnaire is only to determine

whether or not the researchers data was impartial and as diverse as possible. For question

#1, 107 out of 107 people the researcher has surveyed/interviewed do believe in

Philippines and support our country. However, only 76 out of 107 people said that they

support much of what President Rodrigo Duterte has done in his first 200 days. This

presents that the information gathered is unbiased and diverse.

For question #3 while every single section of the Bill of Rights has someone

who believes it is being violated only 6 significant sections in the Bill of Rights has

more than half of the surveyed and interviewees agreed to being informed of its

violations. This is as follows: Section 1 or the right to due process, Section 2 or the right

against searches and seizures without warrant, Section 3 or the right to privacy, Section

12 or the Miranda rights, Section 13 or the right to be held without proper jurisdiction,

Section 16 or the right to a trial, and Section 19 or the right to be held against a degrading

punishment. However, there is also a significant number on turn-out in Sections 4, 7, and

18 the right to freedom of speech, freedom of information, and freedom of political

beliefs, respectively.

According to Rappler, since July 30, 2016 to January 15, 2017, the number of

deaths under investigation meaning, suspected victims of EJK are around 3, 600. This

is one of the many factors that have been given as to why there are many violations of the

Bill of Rights. Others mentioned by the researchers interviewees are: Leila de Limas
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sex tape, seizures without warrant and only suspicion, the rise of ISIS recruitment in

Mindanao, humiliating punishments given by police, etc.

For the last question, the researcher have asked a simple why or no question.

While a majority of 55 people have argued that the Bill of Rights still is relevant to this

day and age, a surprising number of 52 argued that different factors may make the Bill of

Rights irrelevant today. A number of 11, 21, and 20 reasoned that the Bill of Rights might

as well be irrelevant today as President Duterte said so, we are in desperate time of need,

and the violations are not happening to them respectively.

V. CONCLUSION AND RECOMMENDATION

Conclusion:

GENERAL: Using Chauncey Wilsons Management and Usability Severity Scale,

the researcher has determined that the Duterte Administration is at Level 2, in context of

the 1987 Philippine Constitutions Bill of Rights in his first 200 days.

1. In conclusion to the survey/interview turnout and the actual study and

investigation of researcher, it can be determined that Articles 1, 2, 3, 4, 7, 12,

13, 18 and 19 are the most violated Sections of Article Three of the 1987

constitution.
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2. Irrelevance of a certain issue can only be determined by the people who still

adheres to it, therefore, since a significant amount of people deemed the

violations against the Bill of Rights extraneous, it can be inferred that it is

now alarming that the Bill of Rights may, soon, fade to irrelevance.

Recommendation:

The researchers recommend the following:

1. Attest this study to as many as possible, make people aware of the problems

surrounding our country nowadays, for them to be able to make a conscious decision.

2. Using this study as a precedent to later, more extensive studies.

BIBLIOGRAPHY

'Duterte's track record shows respect for human rights' Bello,

http://www.rappler.com/nation/159158-bello-duterte-track-record-show-respect-

human-rights

The Odd Case For Philippine President Duterte As A Provider Of Human Rights,

http://www.forbes.com/sites/ralphjennings/2017/01/09/the-case-for-philippine-

president-duterte-as-a-guardian-of-human-rights/#627383b16842

Dutertes War on Drugs by the Numbers, http://thediplomat.com/2017/01/dutertes-

war-on-drugs-in-the-philippines-by-the-numbers/
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Cayetano to critics: Stop judging, help antidrug drive,

http://newsinfo.inquirer.net/868914/cayetano-to-critics-stop-judging-help-duterte-

antidrug-drive

Human Rights Watch against Duterte for unleashing rights calamity,

http://news.abs-cbn.com/news/01/13/17/human-rights-watch-slams-duterte-for-

unleashing-rights-calamity

Duterte punts peace for war, http://www.atimes.com/article/duterte-punts-peace-

war/

Duterte: I will kill more for drugs, http://www.rappler.com/nation/160317-

duterte-kill-more-drug-war

Fil-Am group slams Dutertes War on Drugs, http://news.abs-

cbn.com/overseas/02/06/17/fil-am-group-slams-dutertes-war-on-drugs

Duterte: Catholic Church is full of shit, http://www.dailymail.co.uk/news/article-

4155426/President-Duterte-launches-tirade-against-Catholic-Church.html

Duterte to Marcos: He was the most interprising president,

http://www.gmanetwork.com/news/story/598521/news/nation/duterte-praises-

marcos-anew-he-was-the-most-enterprising-president

Duterte pleasds with rebels to dismiss Islamic States advances,

http://www.reuters.com/article/us-philippines-security-idUSKBN15B0XO
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Cops are paid to kill in PH Drug War, http://www.rappler.com/nation/160130-

amnesty-international-report-philippine-war-on-drugs

PNP halts War on Drugs, says PNP must be cleansed,

http://asianjournal.com/news/philippines-halts-drug-war-pnp-must-be-cleansed/

War on Drugs, War against the Poor, http://www.rappler.com/thought-

leaders/160492-war-on-drugs-war-against-poor

Deadly milestone in PH Drug War, https://www.hrw.org/news/2017/01/24/deadly-

milestone-philippines-abusive-drug-war

PH finds ally in Japan for drug war, https://globalnation.inquirer.net/151522/ph-

finds-ally-japan-war-drugs

War on Drugs: Pries speaks out against Philippines Bloodlust,

http://edition.cnn.com/2017/01/31/asia/philippines-priest-duterte/

PDEA to intensify anti-illegal drug war, http://www.update.ph/2017/02/pdea-to-

intensify-anti-illegal-drug-war/13995

Korean Businessman, among death toll in PH Drug War,

http://www.ibtimes.com/duterte-war-drugs-philippines-police-kill-south-korean-

businessman-collecting-ransom-2477804
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Palace tells UN rapporteur, halt on drugs is temporary,

http://www.sunstar.com.ph/manila/local-news/2017/02/01/palace-tells-un-

rapporteur-war-drugs-suspension-temporary-523308

Lady senators opposed to showing alleged De Lima sex tape,

http://www.gmanetwork.com/news/story/583175/news/nation/lady-senators-oppose-

showing-of-alleged-de-lima-sex-video

The reality of Rodrigo Dutertes War on Drugs,

http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=11782662

Police behave like Criminal Underworld in drug war,

http://www.dnaindia.com/world/report-philippines-police-behave-like-criminal-

underworld-in-drugs-war-amnesty-2305206

APPENDIX

The questionnaire:

1. Do you support our country?


2. Do you believe on what much of what Rodrigo Duterte
has done?
3. Among the 22 sections of the Bill of Rights, which are
violated today? (LIST ON THE BACK)
4. Do you believe that the Bill of Rights, or even human
rights in general, is irrelevant today? If yes, why?
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CURRICULUM VITAE

Name: John Angelo Yap

Age: 17

Gender: Male

Address: #17B Kessing St., New Asinan, Olongapo City

Elementary: Heaven Sent Learning and Tutorial Center


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JHS: Olongapo City National High School

SHS: Columban College Main

Mother: Ma. Celiza B. Yap

Father: Noel H. Yap