RIZAL

CHAPTER II – HUMAN RIGHTS AND HUMAN DIGNITY

Concept of “Man” and “Society”

Cesar Adib Majul p.54

Rizal had three general principles with regards to the concept of “man” and “society”:
1. Man by creation or nature possesses certain intellectual and moral potentialities. 


2. That these potentialities (No. 1) had a natural tendency towards progress which 


means full development or perfection of man’s intellectual and moral faculties.
 3. That any attempt to stifle or repress man’s

potentialities or his natural inclination to progress morally disfigures him.
 To Rizal “freedom” means that condition in which

man is allowed the full development of both his intellectual and moral faculties, and where he is allowed to keep his self-

respect.
“Freedom necessitates self-respect. Where there is freedom for someone to pursue their self-development and growth, there is

respect for such person.”

“We continue to seek perfection or strive towards it, because we yearn to become the best that we can be or become.”

Rizal attempted to deduce various consequences that would result if man’s natural inclinations were tampered with. From

here, it stems towards Government and its role and/or duty in supporting the cultivation of “man”. That failure to do so would

result as a fault on the part of Government and any problems found in society can be found from said fault. Rizal associates the

Spanish government and how they treat the Filipinos then as an example.

In summary, Rizal’s theory was that no corrupt government could survive for long if the people themselves were not corrupt.
JACINTO
 According to Jacinto there are at least two ways by which freedom may me lost and equality not recognized:
 1.

Some individuals deliberately instigate discord among their fellowmen in order to perpetuate their own interests.

2. Freedom is lost because of the 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.
 Jacinto’s concepts

concerning the loss of freedom suggest a tacit recognition that “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.
This theory of society was a technique used to impress Filipinos that their freedom was lost on account of the tyranny of the
Spanish government, which had intentionally fostered differences among the people to keep itself in power.
 Jacinto was most

interested in a society with a governmental form in which “freedom” could still be maintained. In this respect, he pushed for a

Social Contract as to what political philosophy should propose.

MABINI
 “. . . all men have been given life by God . . . to preserve and employ in terms of a preordained mission, which is to

proclaim God’s glory in doing what is good and just.” From this axiom, Mabini concluded that since God gave man his life, it was
both a right and duty to preserve it in accordance with one’s ability and natural strength.
 He asserted that to maintain

freedom was to perform “good” and not “evil”.
 “For it is through freedom that there is liberty and only through these can

society properly come about to gather and enter into economic relations with each other in order that their talents and
different products may effectively satisfy the needs and varied necessities of another.”
Freedom from Fear

Aung San Suu Kyi p.70

It is not power that corrupts but fear. Fear of losing power corrupts those who wield it and fear of the scourge of power
corrupts those who are subject to it.
 Most Burmese are familiar are familiar with the four a-gati, the four kinds of corruption.

1. Chanda-gati – corruption induced by desire, is deviation from the right path in pursuit of bribes or for the sake of those one

loves.
2. Dosa-gati – taking the wrong path to spite those against whom one bears ill will. 


3. Moga-gati – aberration (deviation) due to ignorance 


4. Bhaya-gati – it is the fear that stifles and slowly destroys all sense of right and 


wrong, it also so often lies at the root of the other three kinds of corruption

Just as Chanda-gati, when not the result of sheer avarice, can be caused by fear of want or fear of losing the goodwill of those
one loves, so fear of being surpassed,

humiliated or injured in some way can provide the impetus for ill will. That it is difficult to dispel ignorance unless there is

freedom to pursue truth (or anything in general) unfettered by fear. With so close a relationship between fear and corruption it

is of little wonder that society where fear is rife becomes so deeply entrenched.

“Fear unchecked allows it to seep into society and become so entrenched that it becomes rooted into society which then

cultivates through the ignorance of people.” “We must be courageous and emulate glass splinters, to be able to defend

ourselves much like how we should defend our freedom against all those who would try to grasp and crush us.”

“Courage or bravery is not being devoid of fear but rather, being able to act in the face of it.”

Rights, Obligations and Remedies: International and Domestic Experiences

Rene V. Sarmiento p.90

The Judiciary is not a purely passive entity but is capable of being pro-active in the courageous experiment and life-nourishing

exercise of using law to make life worth living for all, with honor and with dignity, and to make real the enforceability of

economic, social and cultural rights. This is known as the enforceability of the Judiciary. This was captured by Jose W. Diokno

through the idea and spirit to creatively use the law for the common good when he, before a meeting of lawyers, spoke about
“waging revolution by law.”

One example of the Judiciary doing so is by their adopting the law (writ) of amparo which serves for:
1. The protection of life and liberty 


2. Challenging unconstitutional laws 


3. Resolution of conflicts stemming from administrative acts and decisions 


4. Appeal of judicial decisions 


5. Protection of the rights of persons subject to agrarian reform 
 Torture of Women in the Home and Community 
 Amnesty

International p.95 


States have a duty to ensure no one is subjected to torture or ill-treatment, whether committed by official state agents or by
private individuals. Far from providing adequate protection to women, states all around the world have connived in these

abuses, have covered them up, have acquiesced in them and have allowed them to continue
unchecked.
 Torture has existed since the dawn of time and is still prevalent even today. All the more so against women in

numerous forms. These include:

- Domestic violence of family members 


- Domestic violence of domestic workers 


- Ill-treatment through forced marriages 


- Ill-treatment in the name of “honor” 


- Ill-treatment of trafficked women 


- Ill-treatment of women in debt bondage 


- Abuses in community 


- Female genital mutilation 


CHAPTER III – DEMOCRACY 
 Evolution of Democracy 
 Reynanto S. Puno p.113 
 Democracy evolved throughout history

and through the efforts of certain individuals along with the eras and paradigm shifts. 


A. Evolution of Democracy from Plato to Locke to Jefferson and Contemporary United States of America
a. Ancient Era
 i. Democracy was dismissed by the great thinkers of this time such as the likes of Plato and Aristotle. Plato

thought that the rule of the many was terrible as it was akin to the rule of a mob. Whereas Aristotle viewed the State as

something so important that it must be ruled by the elite class in order to properly yield good results rather than leaving it in
the hands of the lower class.
 b. Industrial Revolution
 i. In the Middle Ages, Europe plunged when the Roman Empire

perished. At this time, people used the scythe of science and reason, the thinkers of the time entertained an exaggerated

notion of individualism. They bannered the idea that all people were equal, no one had a greater right to rule than another.

And as all were essentially equal, no one enjoyed the moral right to govern another without the consent of the govern. The
people therefore were the source of legitimate legal and political authority.
 c. John Locke
 i. Glorious Revolution which was

bloodless and put an end to the long struggle of King and Parliament in England. This ushered in democracy into England. He

coined

the Social Contract which anchors on the consent of the people in society in order to preserve their lives, liberty, and
property.
 ii. However, John Locke still believed that those who could take part in a democracy were those who actually owned

property so his notion of the same was lacking.

d. Thomas Jefferson
 i. Locke influenced Thomas Jefferson who later wrote to James Madison which over time helped usher in

a new wave of liberalism from Europe towards the United States. This in turn helped create and bring in the American
Constitution which we know today to be a paragon for human freedom.
 B. Constitutional History of Democracy and

Republicanism in the Philippines
 a. The Philippines is a Democratic Republic for the sole reason that the 1987 Constitution

involves the people who play a big role in nation building through:
i. Elections 


ii. Plebiscite 

iii. Initiative 


iv. Recall 

v. Referendum 


The Essentials of Popular Government 
 Jose P. Laurel p.121 


The essential conditions of popular government are:

1. Representation 


2. Renovation 


3. Control 


Popular government are means, in substance, a representative type of government that is, controlled by the people, one in

which the powers of government are exercised in accordance with their mandate. Theoretically but fundamentally, the sole

source of political power is the people. In their original sovereign character, the people, are the fountainhead of governmental

authority. Where this is seen through:

1. Representation through elections 


2. Suffrage 


3. Renovation – change of political leaders 


The Vital Functions of Government

Jose P. Laurel p.124

The vital functions of popular government are:
 1. Health – no government can be regarded as good and efficient if under it

there are not enough medical and hospital facilities and services that minister to the people’s health needs.
 2. Justice – even if

the citizens should be healthy and fairly well-clothed and well-housed, but did not enjoy equality before the law, nor material

and moral rewards commensurate with their toil and service, or with their contribution to the social good, they would still be
far from happy and contented; the government under which they live cannot be rated as good and efficient.
 3. Education –

necessary for the people’s happiness and progress. It is by means of education, through the public school system and the right
orientation of the young, that a government builds solidly for the future.
 4. Opportunity – the provision of opportunities to

every citizen to find a decent place for himself and society. It involves not only the ability to establish a harmonious political

order, a prosperous and stable social equilibrium, and a fruitful and satisfactory educational system, but also, impliedly, the

duty of providing safety and security for the nation.

The Impact of People Power on Our Legal System

Raul C. Pangalangan p.129

Basically discusses the relevant cases in the Philippines such the Marcos, Cory, and GMA administrations, and EDSA 2

Revolution and how the legal system, through the Supreme Court, has played an integral part in presiding and deciding over

such detrimental social issues in order to help shape and impact the Philippines as a whole.

Civil Society’s Role in Promoting Democracy and Development

Artemio V. Panganiban

p.136

Discusses the imperatives of liberty and prosperity needed for the Philippines. That it is through a well lead judiciary that the
likes of integrity and independence can prevail. For the Supreme Court is not only mandated to watch over the entire judiciary,

but is also
tasked to do so with the Philippine Bar – the vineyard from which our judges take root. Through the vision of a reformed

judiciary and a revitalized profession, the safeguarding of liberty and nurturing the prosperity of our people may be upheld

along with the rule of law as well as the independence of the judiciary. The role of the courts is that of great equalizers between

the citizens and the government.

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 and

nongovernmental organizations and a wide variety of groups: workers, farmers, urban poor, indigenous people, elderly citizens,

disabled people, media practitioners, etc. Needless to say, civil society has been in the forefront of the fight for liberty. Civil

society should likewise be credited for directing attention and channeling resources to the needs of the poor and disadvantaged

majority of our society.

Role of Civil Society
 1. It can initiate the judicial process by prosecuting or defending cases and causes that bear upon

economic development. For the judiciary cannot act, unless appropriate proceedings are initiated by proper parties.
 2. Should

push for the legal empowerment or the use of the law by the poor to exercise more control over their lives.
 3. Advocating

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 and the poor.
 In summary, civil society has a big stake in ensuring the

liberty and prosperity of our people.

Free at Last

Nelson Mandela p.147

Talks about the patience of the South African people in their yearning for peace and democracy within their country. “Much like

how a sapling reaches out to establish its roots in order to grow and become a large and stalwart tree.”

FROM SOME OF THE WORLD’S ELECTORAL DEMOCRACIES: INSIGHTS AND BEST PRACTICES

Rene V. Sarmiento p.149

Just talks about the importance of elections.

CHAPTER VI – PUBLIC ACCOUNTABILITY & GOOD GOVERNANCE

The Seven Principles of Public Life

Nolan Report Committee p.253

1. Selflessness – holders of public office should take decisions solely in terms of the public interest. They should not do so in
order to gain financial or other benefits for themselves or their family.
 2. Integrity – holders of public office should not place

themselves under financial or other obligations to outside individuals or obligations that might influence them in the

performance of their official duties.

3. Objectivity – In carrying out public business, including making public appointments, awarding contracts, or recommending
individuals for rewards and benefits, holders of public office should make choices on merit.
 4. Accountability – Holders of

public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is

appropriate to their office.

5. Openness – Holders of public office should be as open as possible about all the decisions and actions that they take. They
should give reasons for their decisions and restrict information only when the wider public interest clearly demands it.
 6.
Honesty – Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to

resolve any conflicts arising in a way that protects the public interest.
7. Leadership – Holders of public office should promote and support these principles by leadership and example.
 “To engage

into public service is to devote yourself completely and objectively to society. To become transparent in our deeds and open

with our decisions. To be calm and collected, while at the same time empathetic and capable of seeing the whole picture. But

most importantly, to be able to lead by example and to take the charge for others to follow. To be both a guide on the side and

a sage on the stage for others to be inspired by.”

The Origins of Ethical Frameworks in Public Administration

Darell L. Pugh (PAGE 255)

The historical origins of ethics for public administration are diverse and integrally entwined with the motifs and movements of
American political thought. The dominant ethical approaches have centered on:
 1. Bureaucratic ethos – associated with the

historical mode of modern public administration, particularly its mainstream organizational focus. Generally well known among

students of public administration.

2. Democratic ethos – Eclectic and broadly based. It is an evolving framework, often grafting on evaluative ideals as they

emerge in succeeding periods. These include:

a. Regime values 


b. Citizenship 


c. Public interest 


d. Social Equity 


Between these two, the field of public administration has largely coalesced around the values of efficiency, efficacy, expertise,

loyalty, and accountability found in the bureaucratic character.

DISTINGUISHING MARKS OF TRUE LEADERSHIP

Jovito R. Salonga (PAGE 272)

“Leadership is not defined by the position one may hold but rather by the characteristics they possess and how they utilize
it.”
 The following are the traits that make a person a leader:
 1. Vision – the capacity to see through the surface of things and

perceive what must be done in a given situation. It is born from a dissatisfaction with things as they are and a clear grasp of

what could be. A person who has vision says no, with indignation, to the present state of things and dreams of a future that is

better and brighter.

2. Competence – it is the fitness of the capacity to handle a particular task. Each one of us is blessed with some talent others
may not have. It is our duty to find and develop this gift so we can use it for the benefit of others.
 3. Hard Work and

Perseverance – the ability to work hard and persevere despite all obstacles that may come our way.

4. Moral Sense – ability to tell right and wrong, and a capacity for self-discipline.

Leaders are, after all human beings, with all their weaknesses and strengths. 5. Service – the readiness to give of ourselves in

serving others.
ENGENDERING DEVELOPMENT:
 AN OVERVIEW OF THE PHILIPPINE EXPERIENCE Marilyn B. Barua-Yap
 (PAGE 277)

Development is a process of expanding the real freedoms that people enjoy. It “requires the removal of major sources of

unfreedom: poverty as well as tyranny, poor economic opportunities as well as systematic social deprivation, neglect of public

facilities as well as intolerance or overactivity of repressive states.” Development is also defined as “the sustained capacity to

achieve a better life.”

What a person can do and can be are, however, “influenced by economic opportunities, political liberties, social powers and the
enabling conditions of good health, basic education, and the encouragement and cultivation of initiatives.”
 Because of this, it

is clear that women have a difficult life in being able to fully achieve their potentialities due to the hindrances society imposes

upon them. These especially evident through various forms of discrimination in the following forms:

----
Poverty
 Health
 Violence
 Women in Governance

The Role of the Judiciary on Environmental Protection and Problems Faced by the Court in Fulfilling their Role
 Justice Portia

Alino-Hormachuelos
 (PAGE 295)

THE ROLE OF THE JUDICIARY
 In general, the role of the judiciary is to interpret laws in controversies between government

agencies and/or private interests. With regard to environmental protection and preservation, its role is to be guardian to the

rule of law, in legal proceedings to the end that it will be an instrument in protecting society’s interest, safeguarding human

health, and protecting the natural environment for present and future generations. It is also the judiciary’s task to effect

compliance and enforcement of laws, be they civil, criminal or administrative.

PROBLEMS FACED BY THE COURTS IN FULFILLING THEIR ROLE
 1. Technical and evidentiary considerations – Jurists are called

upon to maintain the cold neutrality of an impartial judge in resolving the controversies before them, including those involving

environmental laws and edicts, notwithstanding their own feelings and personal preference. Thus, if a case is poorly

prosecuted, so that a reasonable doubt is engendered, or the evidence presented is insufficient or so tainted as to be

inadmissible, or procedural rules are not observed, even the most “green” judge must render a judgment conforming to
law.
 2. Poverty and access of the people to the justice system – Private complainants who are victims of environmental

violations such as pollution of air or water are usually too poor or unorganized to put up a sustained fight against erring
companies
 3. Court docket congestion – Courts everywhere are heavily burdened by clog dockets. Delay in the disposition of

cases results in an attitude of apathy and indifference among law enforcers, especially those harassed with lawsuits.

Environmental cases are treated just like any ordinary case except when the offender involved is under detention. Then the
case is prioritized because it is a criminal case with a detention prisoner, but not because it is an environment case.
 4.

Harassment suits – It is not uncommon for people in environmental interest groups to be slapped with harassment suits which

force them to dig into their own pockets to hire lawyers for their defense. The public attorneys cannot represent them since
they do not qualify under the minimum income requirement for the governmental free legal assistance.
 5. The need for

technical expertise in environmental litigation – In other jurisdictions in Asia, such as Thailand, Cambodia, Vietnam, there are
Administrative Courts which exercise jurisdiction over cases involving administrative agencies. These courts have access to

technical experts, who may even be part of the court’s staff. But rather than being an administrative body in the executive
department of the government of these countries, the Administrative Court is part of the court system headed by their

Supreme Courts.

CHAPTER IV- LAW De Legibus

Huntington Cairns
 p.161
 Cicero perceived three kinds of law operating in the world and this classification

apparently embraced all the forms with which he was familiar: 1. Heavenly law (lex caelestics)
2. Natural · 
 · 


3. Crowd’s definition of law (lex vulgus) 


Naked idea of law as that which decrees in written form whatever it wishes, either by command or prohibition.

Served as the catch-all for the specimens of law which could not be fitted into the categories of the lex caelestis or the ius

naturae.

Could contain even those bad laws which were no laws at all. Refers directly to positive law.
Law is not the product of human thought, nor is it any enactment of the peoples, but something eternal which rules the whole

universe by its wisdom in command and prohibition.

Law is the ultimate mind of God, whose reason directs all things either by compulsion or restraint.

pure Stoicism (lex naturae)

Law is the distinction between just and unjust, made in agreement with that primal and most ancient of all things, nature; and

in conformity to nature’s standards are framed those human laws which inflict punishment upon the wicked but protect the

good.

Greek importation

For Cicero, there can be nothing nobler than the law of a state. It was originally made for:
· the security of the people 


· the preservation of the state 


· the peace and happiness of human life 
 If a state has no law, then it can not be considered a state at

all.
 Law is even superior to Philosophy.
 A statesman, therefore, who by his authority and by the punishments

which his laws impose obliges all men to adopt that course which only a mere handful can be persuaded to adopt by
the arguments of philosophers, should be held even greater esteem than the teachers who make these virtues the
subject of their discussions. 


The Path of the Law

Oliver Wendel Holmes p.178

Comments on the Realist School by Paton
 Realist School- left wing of the functional school
 They emphasize the element of

uncertainty in law and the part played by the personal characteristics of the judge.
 Law- defined not as a set of logical

propositions but in terms of official action
 It is what court (or other officials) do, not what they say.
 Any force that will

influence the judge in reaching a decision is a fit subject of jurisprudence.

A New Legal Order

Jose W. Diokno p.182
Four major problems of the Philippines: 1. food
 2. freedom
 3. jobs
4. justice
 causes of these problems:

1. greed of Marcos, his family, and their cronies 


2. under-development, particularly under-industrialization and specially lack of industry 


3. following the same colonial policy of export-oriented growth 


4. Social structures and institutions 


In order to solve our problems, two things are needed if we are to solve them:
1. What happened under Marcos should not happen again 


2. Government seriously attend to the problems of poverty, unemployment, 
 underemployment, low wages, social injustice

and foreign control. 


To meet both conditions, we need two things:

1. Our society must not be militarized. 


2. We need a new legal order 
 · Old legal order was not bad but inadequate
 · Development of the politician, middle class,

rich, foreigner > development 
 of the poor 


Did not stand for authentic democracy. To have it, government should also represent the interests of the poor

There must also be a change in our mentality. We must believe in ourselves, in our capacity to overcome hardship, in our ability

to make the right decision.

We must view public office as a way to serve the people, not to profit at their expense

Politics should not be a road for the political elite to become economic elite as well.

If martial law has taught us something, it is this: against a united people, no human force will prevail. Against the will of our

people, even guns of soldiers fall silent.

Reflections of Legal Aid in the Philippines

Rene V. Sarmiento p.187

legal aid- synergy of skills, experience and generosity, responding to a felt need. Legal aid lawyer- one who is the law’s good
servant, but God and the people’s first Kinds of legal aid:
 1. Therapeutic

What it solely addresses is a client’s problem, the legal aid lawyer applying the legal solution found in statutes and
jurisprudence
The cause that gave birth to the problem is not looked into
 The efforts to solve the problem not collaborative because it is the

legal

aid lawyer who does the thinking, who tacticize and who strategize Objective is simply to to win without questioning the legal,

social, political,

and economic order that produced the problem. 2. Transformative

· Lawyer and client work together as a team to identify the problem and to determine the cause that brought about the

problem, collaboratively solve it, using both legal and meta-legal approaches, and critiquing, if not denouncing, the social order

that created the problem.

· Proactive, imaginative, and empowering Problems common to the 2 kinds of legal aid:
1. Not too many lawyers are involved in legal aid 

2. Lack of funding 


Recommendations the IBP should consider:
 1. Work for the revision of the legal curriculum, so that Legal Ethics will become

Legal

Ethics and Social Responsibility where human rights and sensitivity to social concerns will be taught;
2. Lobby Congress to assign a high budgetary priority to legal aid; 


3. Give annual awards to legal aid lawyers who have given their best to cases of 
 indigents; 


4. Reorient the cold war curricula in police and military academies so that they will be 
 attuned to the changing post-cold war

realities; 


5. Require the lawyers to do legal missions to the provinces once a year, so that they 
 can teach the people about basic rights,

about the legal system, how to prepare affidavits, how to investigate, etc. 
 CHAPTER V- PEACE 
 Forging A Culture

of Peace: Hope for Coming Generations 
 Bishop Antonio J. Ledesma p.205 


“ Without dialogue, there is no hope; Without hope, there is no future.”
 Posted on the wall during seventh dialogue of the

Bishops – Ulama Forum in Illigan City on Aug. 17-19, 1998

Why a Culture of Peace?

Creating a culture of peace among mainstream Christian and Muslim communities

How to counter expanding culture of violence, war, and death, engulfing modern societies (example: Mindanao)

Most wars today are ignited among ethnic groups within national boundaries

Globalization of the economy and mass media provoked reactions of fundamentalist groups, stressing their ethnic identities

Can a culture of peace overcome a war of cultures?

Every cultural group has its own good points and stereotype images alone (especially of the negative points) presented an

incomplete description of one’s culture

Culture and Religion
 * Everyone is born to a culture

Like an individual’s personality, a culture can also be enriched, purified, transformed by “external” influences and value-

systems.

Religion is a source of conflict and a resource for peace

“Culture means the way in which a group of people live, think, feel, organize themselves, celebrate and share life
The external and material aspects
 The internal and spiritual aspects
 Conflicts arise when we fail to understand the inner

meaning of the external

aspects of another culture
 A university can see itself as the purveyor of a new Culture of Peace by

designing an educational curriculum for peace-building

*
 The Way of Peace

“There is no way to peace; peace is the way.”

Peace is not the absence of war. It is the wholeness of life where every person can live with dignity.

Pope Paul VI: The new name for peace is Development. Pope John Paul II: Peace is the Fruit of Solidarity . Hebrews:
“SHALOM”
 Filipinos : “SALAMAT”
Three Sources for a Culture of Peace
* 1. Religious Traditions 


* 2. United Nations Declaration of Human Rights 


* 3. People Power Revolution 
 Educating for Peace
 * Notre Dame University in Cotabato City has

pioneered in an effort towards 
 peace education. Its two-fold objective has been to: A) Contribute better

awareness
 B) Cultivate values and attitudes 
 Six dimensions of the NDU Paradigm 1. Personal peace 
 2. Economic

development concerns
 3. Human rights promotion
 4. Inter-cultural solidarity
 5. Measures against the violence of

militarization; and 6. Environmental care 


Spirituality of Peace
 * Dialogue between individuals as well as between cultural communities

requires respect and a deep appreciation for each other’s basic humanity. * Four levels of Dialogue:
 1) The Dialogue of

Life
 2) The Dialogue of Action
 3) The Dialogue of Theological Exchange
 4) The Dialogue of Religious Experience

University’s Role in Forging a Culture of Peace
 1. To bring back values to Education
 2. Promotion of Pluralism of Cultures
 3.

Build the particular features of a culture of peace, starting with concrete conflict situations

Six Paths to Peace: Executive Order No. 125

Fidel V. Ramos
 p.213
 SECTION 2. Principles Underlying the Comprehensive Peace Process. The

Comprehensive peace process shall be governed by the following underlying principles: (a) A comprehensive peace process

should be community-based, reflecting the sentiments, values and principles important to all Filipinos. Thus, it shall be defined

not by Government alone, nor by the different contending groups only, but by all Filipinos as one community.

(b) A comprehensive peace process aims to forge a new social compact for a just, equitable, humane and pluralistic society. It

seeks to establish a genuinely pluralistic political society, where all individuals and groups are free to engage in peaceful

competition for predominance of their political programs without fear, through the exercise of rights and liberties guaranteed

by the Constitution, and where they may compete for political power through an electoral system that is free, fair and honest.

(c) A comprehensive peace process seeks a principled and peaceful resolution of the internal armed conflicts, with neither
blame nor surrender, but with dignity for all concerned.
 SECTION 3. Components of the Comprehensive Peace Process. The

comprehensive peace process shall henceforth include, but shall not be limited to, the following components:

(a) PURSUIT OF SOCIAL, ECONOMIC AND POLITICAL REFORMS. This component shall involve the vigorous implementation of

various policies, reforms, programs and projects aimed at addressing the root causes of internal armed conflicts and social

unrest. This may require administrative action, new legislation, or even constitutional amendments.

(b) CONSENSUS-BUILDING AND EMPOWERMENT FOR PEACE. This component shall include continuing consultations on both

national and local levels to build consensus for a peace agenda and process, and the mobilization and facilitation of people’s

participation in the peace process.

(c) PEACEFUL, NEGOTIATED SETTLEMENT WITH THE DIFFERENT REBEL GROUPS. This component involves the conduct of face-
to-face negotiations to reach peaceful settlement with the different rebel groups.
 (d) PROGRAMS FOR RECONCILIATION,

REINTEGRATION INTO MAINSTREAM SOCIETY, AND REHABILITATION. This component shall include programs to address the
legal status and security of former rebels, as well as community-based assistance programs to address the economic, social and

psychological rehabilitation needs of former rebels, demobilized combatants, and civilian victims of the internal armed

conflicts.

(e) ADDRESSING CONCERNS ARISING FROM THE CONTINUING ARMED HOSTILITIES. This component involves the strict

implementation of laws and policy guidelines, and the institution of programs to ensure the protection of non-combatants and

reduce the impact of the armed conflict on communities found in conflict areas.

(f) BUILDING AND NURTURING A CLIMATE CONDUCIVE TO PEACE. This component shall include peace advocacy and peace

education programs, and the implementation of various confidence-building measures.

Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law
 Adviser on the Peace

Process
 p.217

PARTIES TO THE COMPREHENSIVE AGREEMENT

· The Government of the Republic of the Philippines o Executive Department
o Agencies
 · The National Democratic Front of the Philippines

o Communist Party of the Philippines

o New People’s Army

DECLARATION OF PRINCIPLES

To be governed by the framework of holding peace negotiations under mutually acceptable principles of national, sovereignty,

democracy and social justice

To uphold the principles of mutuality and reciprocity in the conduct of the peace negotiations

To realize the for a comprehensive accord on human rights and international humanitarian law based on realities involving

violations of human rights

To recognize that fundamental individual and collective freedoms and human rights in the political, social, economic and

cultural spheres can only be realized and flourish under conditions of national and social freedoms of the people

To affirm the need to promote, expand, and guarantee the people’s democratic rights and freedoms

· To be aware that the prolonged armed conflict in the Philippines necessitates the application of the principles of human rights
and the principles of international humanitarian law

PURPOSE

· To meet the needs arising from the concrete conditions of the Filipino people concerning violations of human rights and the

principles of international humanitarian law

· To find principled ways and means of rendering justice to all victims of such violations

OBJECTIVES

Guarantee the protection of human rights to all Filipinos under all circumstances Affirm and apply the principles of international

humanitarian law to protect the

civilian population and individual civilians
 Establish effective mechanisms and measures for realizing, monitoring, verifying
and ensuring compliance with the provisions of this Agreement
 Pave the way for comprehensive agreements on economic,

social and political

reforms that will ensure the attainment of a just and lasting peace

RESPECT FOR HUMAN RIGHTS

The Parties shall adhere to and be bound by the principles and standards embodied in international instruments on human
rights
 Applicability

··

All cases involving violations of human rights and the principles of international humanitarian law committed against persons,

families, groups affiliated with either Party and all civilians and persons not directly taking part in the hostilities

All persons affected by the armed conflict, without distinction of any kind of based on sex, race, language, religion or

conviction, political or other opinion, national, ethnic or social origin, age, economic position, property, marital status, birth or

any other similar condition or status

Guarantees

This Agreement seeks to protect and promote:

····
Right to self-determination
 Right of the people to establish a just, democratic and peaceful society Right to seek justice for

violations of human rights

Right to life against summary executions, involuntary disappearances, massacres and indiscriminate bombardments of

communities

Right to liberty to effectively avail of the privilege of the writ of habeas corpus

Right of the people and of communities to be secure in their persons, houses, papers, and effects against unreasonable

searches and seizures

Right not to be subjected to physical or mental torture, solitary confinement, rape and sexual abuse

Right not to be held in involuntary servitude Right to substantive and procedural due process Right to equal protection of the
law
 Right to freedom of thought and expression

Right to free speech, press, association and assembly, and to seek redress of grievances
Right to privacy of communication and correspondence
 Right to free choice of domicile, movement and travel within the

country
and abroad
 Right not to be subjected to forced evacuations, food and other forms of

economic blockades
 Right to information on matters of public concern
 Right to universal suffrage
 Right to own property

and the means of production and consumption Right to gainful employment
 Right to universal and free elementary and

secondary education Right to freely engage in scientific research
 Right to form a marital union

Right of women in all fields of political, economic, cultural, social and domestic life

Right of children and the disabled to protection, care, and a home

RESPECT FOR INTERNATIONAL HUMANITARIAN LAW

The Parties shall adhere to and be bound by the generally accepted principles and standards of international humanitarian
law
 Applicability
 These principles and standards apply to the following persons:
 · Civilians or those taking no active part in the hostilities 


· Members of armed forces who have surrendered or laid down their arms 


· Those placed hors de combat by sickness, wounds or any other cause 


· Persons deprived of their liberty for reasons related to the armed conflict 


· Relatives and duly authorized representatives of above-named persons 
 Prohibitions 


The following acts are and shall remain prohibited at any time and in any place
Violations to life and person
 Punishing anyone without complying with all the requisites of due process

Requiring persons deprived of their liberty to disclose information other than their identity

Desecration of the remains of those who have died in the course of the armed conflict or while under detention

Failure to report the identity, personal condition and circumstances of a person deprived of his/her liberty

Denial of the right of relatives and duly authorized representatives of a person deprived of liberty to inquire whether a person is
in custody or under detention, the reasons for the detention, under what circumstances the person in custody is being detained

Practices that cause or allow the forcible evacuations or forcible reconcentration of civilians, unless the security of the civilians

involved or imperative military reasons so demand

Maintaining, supporting and tolerating paramilitary groups such as armed religious fanatical groups, vigilante groups, private

armed groups of businessmen, landlords and politicians

Allowing the participation of civilian or civilian officials in military field operations and campaigns

Theory and Practice of Conflict Resolution: An International Perspective

Peter Wallensteen p.232

Conflict Resolution – It means the state of affairs is found where contending practices voluntarily find basic disagreements that
military confrontation becomes unnatural and mutual recognition of each other’s existence ensues.
 “It is only through

compromise can resolutions result from conflict. From here, economic growth and stability could have the freedom to exist as

well as the opportunity for society to not only heal, but to flourish as a whole.”

Empowering People to Build a Just Peace in the Asia Pacific

Edmundo Garcia p. 239

There are a number of factors which create conflicts in society:

1. 2. 3. 4.

Governance: where the political situation is characterized by politics of exclusion, repression and corruption

Development: where socio-economic situations are characterized by unequal access to resources and economic inequality.

Culture: where societies are burdened with discrimination of minorities and confronted by questions of identity and ideology.

Territory: where disputes over boundaries and borders take place.

The solution to solving this is to actively combat these issues as a united society rather than a divided one. For it is through

division that cracks are made in society which gives room for problems to seep into.

Seek Peace, Pursue It

Pastoral letter of the Catholic Bishops’ Conference of the Philippines

p.244
Basically is a letter talking about how violence is never the answer. That the path to peace must be made by peaceful acts or

means in order to not only create a peaceful society, but one of solidarity among the people.

CHAPTER VII- VALUES AND VIRTUES

Elias
Leo Tolstoy
 p.370
 Elias was a Bashkir in the Government of Ufa. Before his dad died, he only had seven mares, two cows,

and about a score of sheep. Through his hard work he acquired great wealth. At the end of 35 years he had 200 horses, 150

head of cattle, and 1,200 sheep.

Elias had abundance of everything and everyone in the district envied him.
 People of position as well as visitors sought his

acquaintance. His notoriety was well known.

He had three children: two sons and a daughter, and he married them all off. But when they got rich they grew spoiled and one

of them took to drink. The elder was killed in a brawl; and the younger, who had married a self-willed woman, ceased to obey
his father, and they could not live together anymore. So they parted and Elias gave his son

some property which diminished his wealth. Soon a disease broke out, then a bad harvest, then the Kirghiz captured his best
herd of horses; and Elias’s property dwindled away. Before he knew it, he and his wife had to go into service.
 Their neighbor,

Muhammad-Shah, took pity on them and hired them as his laborers. Then one time Muhammad-Shah’s relatives came from a

great distance to visit him, and a Mullah came too. He introduced Elias to his visitors and one of them said:

“Fortune turns like a wheel. One man it lifts; another it sets down! Does not the old man grieve over all he has lost?” He then

talks to Elias and his wife answers that when they lived for 50 years seeking happiness and they did not find it, and it is only

now, these last two years, when they had nothing left and they had lived as laborers that they had found true happiness. The

guests were in shock with the answer of the wife. One of the guests asked her “what does you happiness consist?” to which she

replied that now that they had nothing, she and her husband now had time with one another, and that they lived peacefully

with nothing to quarrel about, and that they have no care but how best to serve their master.

The guests laughed but Elias said that it is the truth of life; that they were foolish and wept for the loss of their wealth but God

has shown them the truth and they tell it not for their own consolation but for their good. The story ends with the Mullah

saying that what Elias said was true and it is what is said in the Holy Writ.
The Good Bishop

Victor Hugo p.375

Jean Valjean was arrested for stealing a loaf of bread in order to feed the seven little children of his sister. He was sent to the

galleys with an iron collar riveted around his neck with a chain attached, which bound him to his galley seat. He remained a

galley slave for nineteen years for stealing a loaf of bread. (4 years’ initial sentence, then tried to escape twice but failed)

When he left the prison, his heart was hardened. His wrongs embittered him. No one would receive him because they know

him to be an ex-convict and a dangerous man. He wandered to the house of the good bishop. He was a simple, loving man, with

a great heart, who thought nothing of himself, but loved everybody. And everybody loved him. He entered and introduced

himself as a galley slave but was surprised that the bishop welcomed him with open arms. The good bishop told him to sit down
and warm himself, and that he would be having supper and rest under his roof. After supper, the bishop gave him one of the

silver candlesticks that he had. Jean awoke in the middle of the night with a hardened heart. He stole all of the bishop’s silver
knives and forks that

was used during the supper and left. The next day, he was apprehended and was brought back to the bishop’s house. To his

surprise, the bishop gave him the silver candlesticks, saying that he forgets them when he left. Before he left, the bishop told

him “Now, depart in peace, but do not go through the garden, for the front door is always open for you, day and night.”

“Never forget you have promised me you would use the money to be an honest man.” “Jean Valjean, my brother, you no longer

belong to evil, but to good. I have bought your soul for you. I withdrew it from black thoughts and the spirit of hate, and gave it

to God.”