Chapter I

THE PROBLEM

Introduction

Social justice requires equal sharing and distribution of resources in a

society. It is equality and fair treatment for all individuals whether young or old.

It may be in terms of education, livelihood, and economic programs, legal

provisions, rights, benefits and privileges.

Further, "equal opportunity" and similar phrases such as "personal

responsibility" have been used to diminish the prospective for realizing social

justice by justifying enormous inequalities in modern society (Berry, 2010).

Social justice is the fair and just relation between

the individual and society. This is measured by the explicit and tacit terms for

the distribution of wealth, opportunities for personal activity and social

privileges. Social justice assigns rights and duties in the institutions of

society,which enables people to receive the basic benefits and burdens of

cooperation.The relevant institutions often include taxation, social insurance,

public health, public school, public services, labour law and

regulation of markets,to ensure fair distribution of wealth, equal opportunity

and equality of outcome.

 Rawls (2009) develops this theory for a democratic system of government,

and assumes that society is comprised of a fair system of social cooperation

between free and equal citizens.Assumes that society is well-organized and

regulated by a public perception of justice. Further, assumes that society is guided

by rules and procedures that are publicly recognized and agreed to, that the rules

specify fair terms of cooperation and are rooted in the notion of reciprocity or

mutuality so that each person has a chance to promote his or her own advantage or

good. Thus, theory is aimed at determining the "political conception of justice for

specifying the fair terms of cooperation between citizens regarded as fair and

equal and as both reasonable and rational.

In view of the powerful people’s oppressive and exploitative attitude

towards the poor and marginalized sectors of the Philippine society, crimes

brought about by the abuse of power have tremendously affected the country’s

economic situation. Oppression and exploitation in themselves are basically

crimes that further manifest themselves as obvious criminal acts like property

grabbing (which is actually robbery), property destruction and murder.

The crimes perpetrated by the powers are intended to perpetuate their status

of power and to grab more opportunities for ascendancy and more wealth at the

expense of the hapless poor. These crimes have continually concentrated the

wealth of the nation in the hands of the Esmall percentage of the Philippine

society’s wealthy sector, while the big chunk of the people follow in poverty. The
poor are exploited and oppressed more and more, and the gap between the poor

and the rich continues to widen.

The sexual exploitation of women and girls has dire, lifelong, consequences

on their health. Some of these health risks include subjection to physical abuse and

violence, poor reproductive health and health issues related to substance abuse

(drugs are often used as a coping mechanism). Deaths arising from unsafe, illegal

abortions and physical abuse and violence, have also become commonplace in this

industry. In terms of reproductive health, children fare worse because they often

lack the skills and ability to negotiate condom use and, thus are more vulnerable to

sexually transmitted diseases like HIV/AIDS and Gonorrhea (a common STD

among child prostitutes in the Philippines). It is reported that the prevalence of

Gonorrhea was 18.6%. This dismal health standard of the individuals in the sex

industry could impede them from attaining the highest possible level of physical,

mental and social well-being and maximizing their potential.

The Philippine campaign against Child Trafficking—or PACT, is an anti-

child trafficking campaign that was launched by ECPAT End Child Prostitution,

Child Pornography and Trafficking of Children Philippines to raise awareness on

the Child Trafficking phenomena in the country. The campaign also aims to

encourage local mechanisms for the prevention and protection of children against

Child Trafficking as well as other programs which are unified with the
intensification of the human rights of children such as the holistic recovery and

reintegration of child victims of trafficking.

In 2010, the Office of the Ombudsman signed a memorandum of agreement

with select cause-oriented groups (the Visayan Forum, Ateneo Human Rights

Center or AHRC, and the International Justice Mission or IJM) so that they could

help in the collective fight against human trafficking.

The United States government provided a grant of 179,000 dollars to help

Philippine non-governmental organization expand its halfway house operations to

help victims of human trafficking, according to a statement by the US Embassy in

Manila.The British Embassy in Manila organised a two-week course led by

Scotland Yard detectives into techniques to investigate cases of child abuse.

Subsequently, the Philippine National Bureau of Investigation set up an anti-child

abuse division - the first squad dedicated to fighting child abuse in the country.

In 2007, the government's Interagency Council Against Trafficking

established its first anti-trafficking task force at Manila International Airport to

share information on traffickers and assist victims. In 2010 the Philippine

Overseas Employment Agency (POEA) issued new employment requirements for

overseas Filipino household workers to protect them from widespread employer

abuse and trafficking.

 Republic Act 9208, otherwise known as the "Anti-Trafficking in Persons

Act of 2003", deems it unlawful for any person, natural or juridical, to commit any

of the following acts.To recruit, transport, transfer, harbor, provide, or receive a

person by any means, including those done under the pretext of domestic or

overseas employment or training or apprenticeship, for the purpose of prostitution,

pornography, sexual exploitation, forced labor, slavery, involuntary servitude or

debt bondage; to introduce or match for money, profit, or material, economic or

other consideration, any person or, as provided for under Republic Act No. 6955,

any Filipino women to a foreign national, for marriage for the purpose of

acquiring, buying, offering, selling or trading him/her to engage in prostitution,

pornography, sexual exploitation, forced labor, slavery, involuntary servitude or

debt bondage;to offer or contract marriage, real or simulated, for the purpose of

acquiring, buying, offering, selling, or trading them to engage in prostitution,

pornography, sexual exploitation, forced labor or slavery, involuntary servitude or

debt bondage;to undertake or organize tours and travel plans consisting of tourism

packages or activities for the purpose of utilizing and offering persons for

prostitution, pornography or sexual exploitation. To recruit, hire, adopt, transport

or abduct a person, by means of threat or use of force, fraud deceit, violence,

coercion, or intimidation for the purpose of removal or sale of organs of said

person and to recruit, transport or adopt a child to engage in armed activities in the

Philippines or abroad.
 Presidential Decree No. 1563 known as “The Mendicancy Law of 1978”

establishing an integrated system for the control and eradication of

mendicancy, providing penalities, appropriating funds therofore and for other

purporses. Whereas, the promotion of the social justice and protection of

life, property and dignity of the citizenry in endagered by rampant

mendicancy. Whereas, mendicancy breeds crime, creates traffic hazards,

endangers health, and exposes mendicants to indignities and degradation.

Whereas, there is an immediate need to provide appropriate services to

enable mendicants to meet their basic needs and develop self - reliance.

Moreover, Presidential Decree No. 1563 known as “The Mendicancy

Law of 1978” defines mendicant as any person, who has no visible and

legal means of support, or lawful employment and who is physically able

to work but neglects to apply himself to some lawful calling and instead

uses begging as means of living. In January 29, 1979 this law was signed

by the late President Ferdinand E. Marcos.

This law was conducted to diminish the increasing number of

mendicants, to prevent the exploitation of infants and children through

mendicancy and to provide rehabilitative services for those already exploited

in immediate danger of exploitation, and promote the rehabilitation of

minors found begging and mendicants by providing an integrated

developmental package of preventive, interceptive, remedial, and

rehabilitative services. [ PD 1563, Sec. 2 ]

The law has been practically amended by Section 58 of Republict Act No.

9344, otherwise known as Juvenile Justice and Welfare Act of 2006, which

provides: “Persons below 18 years of age shall be exempt from prosecution for

the crime of mendicancy under Presidential Decree No. 1563 such being

inconsistent with the United Nations Convention on the Rights of the Child:

Provided that said persons shall undergo appropriate counseling and treatment

program.’’The law took effect on May 22, 2006.

According to Miller (2008) citizenship refers to "members of a political

society" in "modern liberal democracies" who "are related not just through their

communities and their instrumental associations but also as fellow citizens.

Anyone who is a full member of such a society is understood to be the bearer of a

set of rights and obligations that together define the status of citizen." In this mode

of human relationship, the principle of distribution according to equality is most

relevant because everyone in the society is deemed equal in terms of certain rights

. Here, every citizen deserves certain equal rights.

As Bachelor of Secondary Education students Major in Social

Studies the researchers attention is caught by local mendicants along the

highways, in commercial areas, markets, even along the roads going to

educational institutions. With their obsevation goes the question whether to

give them alms or not. Moreover, does the government have any program

or facilities to control the increasing number of mendicants? Awareness on

mendicancy law is important to promote social justice and protection of

life, property and dignity of the citizenry as endangered by rampant

mendicancy. The researchers believed that it is best to conduct the research

among the Teacher Education students because they are involved and

actively participating in many organizations inside and outside the campus

that may guide them in becoming professionals. This also provided

opportunities for the researchers to involve themselves in social movements

and use this opportunity to initiate civic works and programs that may help

their immediate communities. This may also justify their role as catalyst of

change in the society.

Statement of the Problem

The study aims to determine the awareness on the Mendicancy Law

among Teacher Education students in the Batangas State University JPLPC

Campus. The respondents are the Teacher Education students who are

officially enrolled during the first semester of the Academic Year 2016 –

2017.

Specifically, it will seek answers to the following questions:

1.What is the profile of the respondents in terms of the following:

1.1 sex

1.2 age

1.4 program

1.5 field of specialization

1.5 monthly family income

2. How may the respondent awareness on Mendicancy Law be described as to:

2.1 Government information program

2.2 Criminal Liability

3. Is there a significant relationship between the respondents’ profile and

their awareness on mendicancy law?

4. What information dessimination program may be proposed to enhance the

student respondents awareness in mendicancy law?

Significance of the Study

This study can provide information on the awareness of Mendicancy

Law among Teacher Education students in Batangas State University JPLPC

Campus. The findings of the study will benefit The College of Teacher

Education academic organizations, Social Studies instructors, Malvar

Municipal officials, the residents, the municipality of Malvar, the students ,

the researchers, and the future researchers.

This study may enable the academic organizations of the College of

Teacher Education to extend their services to the municipality for the

control of the increasing number of mendicants. The results would serve as

opportunity in determining the awareness of the Teacher Education students that

would be used in engaging them to sensible community services and service

learning programs.

To the Social Studies instructors, this study may update their

awareness on the Mendicancy Law. And be able to develop a course of action

that will address mendicancy in the municipality of Malvar.

To the residents and municipality of Malvar, this study may be a

means to update them as to the real scenario of the increasing number of

mendicants in the municipality. This would also help them realize there is not a

legal basis that requires them to give alms.

To the students, this can enlighten their minds that giving alms to

mendicants may result to negative consequences instead of positive. This would

also enable them to improve their treatment to the mendicants.

 To the researchers, this study may enlighten them of the social

problem particularly about the mendicants and enable them to do their role

as future teachers. The result of this study would be a basis for their future

endeavour and professional growth as an educator, since they would be dealing

with different people and students in the future, trying to find jobs, involving

themselves to different organizations and interacting with the culture they live in.

This study would help them become responsible members of the society.

For the future researchers, this study may provide them insights

that may be of use to their future studies. This study may serve as a valuable

reference for future researchers who will deal with investigation relative to the

present study.

Scope and Delimitation

This study can focus on the awareness on mendicancy law among

Teacher Education students at Batangas State University - JPLPC Campus.

The respondents are the Teacher Education students who are officially

enrolled during the first semester of the Academic Year 2016 – 2017.

The extent of this undertaking covered the teacher education students as the

college supports various extended services and allows them to join organizations

that promote equality. This study determined their awareness about the

Mendicancy Law in relation to their involvement in extended services that would

help the mendicants. The result of this sudy may serve as a basis for proposing a

course of action to minimize the problem of the municipality regarding the

mendicants.

The researchers can use a researcher – constructed questionaire.

Items can carefully prepared by the researchers to provide basis in obtaining the

students’ level of awareness regarding the Mendicancy Law. The retrieved data

will be tallied and analyzed.

This study can exclude the first year students because there are no

first year students enrolled at the College Teacher Education during the

first semester.