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Gordon College Personnel  Sec. 2.

It is the policy of the State to maintain a standing


force or regular military force in times of peace
 Prof. Arlida Pame- College President consonant to its adequate and actual needs for the
 Dr. Imelda DP. Soriano-College Administrator
security of the State but which can be rapidly expanded
 Dr. Darwin Paguio-Vice President for Academic Affairs
by the well-disciplined Citizen Armed Force in the event
 Mr. Carlmaulen Cura- NSTP Coordinator of war, invasion or rebellion.
 Mr. Hubertsdalew Magrata-NSTP Instructor
 Mr. Joseph Atencio- NSTP Instructor 4. Implementing Rules and Regulation of RA 9163
 Ms. Jerica Baccay- NSTP Instructor
 Sec.2. Recognizing the youth’s vital role in nation
 Mr. Kevin De Vera-NSTP Instructor
 Ms. Charisa Provido-NSTP Instructor building, the State shall promote civic consciousness
 Ms. Precious De Castro-NSTP Instructor among the youth and shall develop their physical, moral,
spiritual, intellectual and social well-being. It shall
LEGAL BASIS OF N.S.T.P Program inculcate in the youth patriotism, nationalism, and
advance their involvement in public and civic affairs. In
1. Commonwealth Act No.1 or National Defense Policy pursuit, of these goals, the youth, the most valuable
resource of the nation, shall be motivated, trained,
 Sec. 2a. The preservation of the State is the obligation of
organized and mobilized in military training, literacy,
every citizen.
civic welfare and other similar endeavors in the service
 The security of the Philippines and the freedom,
of the nation.
independence, and perpetual neutrality of the Philippine
Republic shall be guaranteed by the employment of all National Service Training Program (NSTP)
citizens, without distinction of age or sex, and all
resources.  is defined under R.A. 9163,(Sec.3) as a program aimed at
enhancing civic consciousness and defense
2. 1987 Constitution preparedness in the youth by developing the ethics of
service and patriotism while undergoing training in any of
 Art II. Sec.4. The prime duty of the Government is to serve
its three program components.
and protect the people. The Government may call upon
the people to defend the State and, in the fulfillment Three components of NSTP
thereof, all citizens may be required, under conditions
provided by law, to render personal military or civil 1.) Civic Welfare Training Service (CWTS) – Health, social
service. intervention, education, environment, livelihood, safety.
2.) Literacy Training Service (LTS) – Teaching reading, writing,
3.Republic Act 7077 literacy.
3.) Reserve Officer Training Corps (ROTC)
CWTS and LTS deal with civic enhancement while ROTC focuses semester. It can also be taken for one summer program in
on defense or military preparedness. lieu of the two semesters if the institution allows it.
II. Rule 6, Sec.12 of RA 9163
Distinctive Features of CWTS, LTS and ROTC (R.A. 9163  Every student will be given a certificate of completion
Sec.3) with corresponding serial number issued by CHED,
TESDA, and DND
1. ROTC refers to the program component institutionalized
under Sec. 38 and 39 of RA 7077, designed to provide  All graduates of the CWTS and LTS components of the
military training to tertiary level students in order to NSTP shall belong to the National Service Reserve
motivate, train, organize, and mobilize them for national Corps (NSRC) and could be tapped by the state for
defense preparedness; literacy and civic welfare activities especially in times
of calamities
2. LTS is the program component designed to train students
to teach literacy and numeracy skills to school children, III. RA 7077 Rule 5, Sec. 11a and 11c of the NSTP Law
out of school youths, and other segments of the society in  Those graduates of ROTC shall form part of the Citizen
need of their services; and, Armed Forces.

3. CWTS pertains to the program component or activities Concept of constitution


contributory to the general welfare and the betterment of
life for the members of the community or the CONSTITUTION
enhancement of its facilities, especially those devoted to
improving health, education, environment,  Defined as that written instrument by which the
entrepreneurship, safety, recreation, and moral of the fundamental powers of the government are
citizenry and other social welfare services. established, limited, and defined and by which these
powers are distributed among the several
Who are required to take the NSTP? departments or branches for their safe and useful
exercise for the benefit of the people.
 Every first year student effective School Year 2002-2003.
 Male or Female 3 Branches of the Government
 Enrolled in any baccalaureate degree
1.) Legislative – Law makers (Senate of the Philippines or the 24
 In at least two years Technical-Vocational or associate
Senators, House of representatives like congressman)
course 2.) Executive – Implementation of Law/rules (President, V-
President, Cabinet Department like DepEd and CHED)
(RA 9163, Rule 3, Sec.4a)
3.) Judiciary – Interpret the law/rules (Judge, Municipal Trial
Court, Regional Trial Court, Supreme Trial Court)
I. Rule 6, Sec.6a and 6b of RA 9163
Every Students shall take NSTP for an academic period of
two semesters which consist of 3 units per semester with a
minimum of 54 hours and maximum of 90 training hours per
Nature and Purpose or Function of Constitution (2.) To establish the Government that shall

 Serves as the Supreme or Fundamental Law.- is the (a.) embody our ideals and aspirations;
charter creating the government. It has the status of
a supreme or fundamental law as it is speaks for the (b.) promote the common good;
entire people from whom it derives its claim to (c.) conserve and develop our patrimony; and
obedience.
 Establishes basic framework and underlying principles (d.) secure to ourselves and our prosperity the blessing of
of government- It is primarily designed to preserve independence and democracy under the rule of law
and protect the rights of individuals against the and regime of truth, justice, freedom, love, equality, and
arbitrary actions of those in authority. Its function is not peace.
to legislate in detail but to set limits on the otherwise
unlimited power of the legislature. Changes in the Preamble

Constitution of the Republic of the Philippines 1.) The Preamble, Consisting of 75 words is one of the world’s
longest preambles. It has 15 words more than that of the
1.) The 1935 Constitution 1973 Constitution.
2.) The 1973 Constitution 2.) The phrase Almighty God replaced “Divine Providence” in
3.) The 1987 Constitution the 1935 and 1973 Constitution which was considered vague
and impersonal. The latter term was used in the 1973
PREAMBLE constitution as a compromise to accommodate some
atheist in the 1971 Constitutional Convention.
 The term preamble is derived from the latin
3.) Other amendments are the insertion of the following phrases
“PREAMBULARE’’ which means “TO WALK BEFORE.’’ it the
and words:
introduction to the main subject. It is the prologue of the
(a) to build a just and humane society.
constitution.
(b) the rule of law
Belief in God stressed. (c) aspirations
(d) truth
 Our preamble is in the form of a collective prayer. The (e) love
Filipinos are intensely religious people. In imploring the aid
Article Three
of Almighty God.
 The Philippines is the only predominantly Christian and BILL OF RIGHTS
partly Muslim nation in Asia and East Pacific Region.
 Defined as a declaration and enumeration of a person’s
National purposes and aims in adopting the Constitution. rights and privileges which the Constitution is designed to
protect against violations by the government, or by an
As set forth in the Preamble, they are: individual or groups of individuals. It is a charter of
liberties for the individual and a limitation upon the
(1.) To build a just and humane society; and power of the State.
Classes of Rights SECTION 1
1. NATURAL RIGHTS  No person shall deprived of life, liberty, or property
without due process of law, nor shall any person be
rights possessed by every citizen without being granted by the denied the equal protection of the laws.
State for they are given to man by God.
DUE PROCESS – legal process
2. CONSTITUTIONAL RIGHTS
SECTION 2
rights which are conferred and protected by the Constitution. It
cannot be modified or taken away by the law-making body.  The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable
3. STATUTORY RIGHTS
searches and seizures of whatever nature and for any
rights which are provided by laws promulgated by the law- purpose shall be inviolable, and no search warrant or
making body and, consequently, may be abolished by the warrant arrest shall issue except upon probable cause to
body. be determined personally by the judge after
4. POLITICAL RIGHTS examination under oath or affirmation of the
complainant and the witnesses he may produce, and
rights of the citizens which give them the power to participate, particularly describing the place to be searched and the
directly or indirectly, in the establishment or administration of the
persons or things to be seized.
government.
1. PROBABLE CAUSE
5. CIVIL RIGHTS  is meant such facts and circumstances antecedent to
the issuance of a warrant sufficient in themselves to
rights which the law will enforce at the instance of private
induce a cautious man to rely upon them and act in
individuals for the purpose of securing to them the enjoyment of
their means of happiness. pursuance thereof.
2. SEARCH WARRANT
6. SOCIAL AND ECONOMIC RIGHTS  is an order in writing, issued in the name of the People of
rights which are intended to insure the well-being and the Philippines, signed by a judge and directed to a
economic security of the individual. peace officer, commanding him to search for certain
personal property and bring it before the court.
7. RIGHTS OF THE ACCUSED
3. WARRANT OF ARREST
rights intended for the protection of a person accused of any  is an order in writing, issued in the name of the People of
crime. the Philippines, signed by a judge and directed to a
peace officer, commanding him to arrest a person
designated to take him into custody in order that he may
be bound to answer for the commission of an offense.
When Search and Seizure may be made without warrant SECTION 4

1. Where there is consent or waiver  No law shall be passed abridging the freedom of
2. Where search is an incident to lawful arrest speech, of expression, or of the press, or the right of the
3. In case of contraband or forfeited goods being transported people peaceably to assemble and petition the
by ship, automobile, or other vehicle, where the officer government for redress of grievances.
making it has reasonable cause for believing that the latter
Freedom of Speech and expression, and of the press
contains them, in view of the difficulty attendant to securing
a search warrant  implies the right to freely utter and publish whatever one
4. Where, without a search, the possession of articles prohibited pleases without previous restraint, and to be protected
by law is disclosed to plain view or is open to eye and hand against any responsibility for so doing as long as it does
5. Exercise of police power such as inspection not violate the law, or injure someone’s character,
6. Routinary searches usually made at the border or at ports of reputation or business.
entry in the interest of national security and for the proper
enforcement of customs and immigration laws. Importance of the guarantee

When arrest may be made without warrant  Promotes growth of the individual and the nation.
 Makes possible, scrutiny of acts and conduct of public
SECTION 3 officials.
 Insures a responsive and popular government.
 The privacy of communication and correspondence shall
be inviolable except upon lawful order of the court, or Right of Assembly
when public safety or order requires otherwise as
 means the right on the part of the citizens to meet
prescribed by law.
peaceably for consultation in respect to public affairs.
 Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose Right of Petition
in any proceeding.
 means the right of any person or group of persons to
Right of privacy apply, without fear of penalty, to the appropriate branch
or office of the government for redress of grievances.
 Defined as the right to be left alone. It has also been
defined as the right of a person to be free from undesired SECTION 5
publicity, or disclosure and as the right to live without
unwarranted interference by the public in matters with  No law shall be made respecting an establishment of
which the public is not necessarily concerned. religion, or prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession and
Limitations on right worship, without discrimination or preference, shall
 Upon lawful order of the court forever be allowed. No religious test shall be required for
 When public safety or order requires otherwise as the exercise of civil or political rights.
prescribed by law
Religious Freedom  The right embraces all public records;
 It is limited to citizens only but is without prejudice to the
 is the right of a man to worship God, and to entertain right of aliens to have access to records of cases where
such religious views as appeal to his individual they are litigants; and
conscience, without dictation or interference by any  Its exercise is subject to such limitations as may be
person or power, civil or ecclesiastical. provided by law.
Religion SECTION 8
 includes all forms of belief in the existence of superior  The right of the people, including those employed in the
beings exercising power over human beings and public and private sectors, to form unions, associations,
imposing rules of conduct with future state of rewards or or societies for purposes not contrary to law shall not be
punishments. abridged.
SECTION 6 Right to form associations
 The liberty of abode and of changing the same within  is the freedom to organize or to be a member of any
the limits prescribed by law shall not be impaired except group or association, union, or society, and to adopt the
upon lawful order of the court. Neither shall the right to rules which the members judge most appropriate to
travel be impaired except in the interest of national achieve their purpose.
security, public safety, or public health, as may be
provided by law. SECTION 9
Liberty of abode and travel  Private property shall not be taken for public use without
just compensation
 is the right of a person to have his home in whatever
place chosen by him and thereafter to change it at will, (3 Great Powers of the Government)
and to go where he pleases, without interference from
any source. 1. Power of eminent domain

SECTION 7 2. Police power

 The right of the people to information on matters of 3. Power of taxation.


public concern shall be recognized. Access to official
(EMINENT DOMAIN)
records, documents, and papers pertaining to official
acts, transactions, or decisions, as well as to government  is the right or power of the State or of those to whom the
research data used as basis for policy development, shall power has been lawfully delegated to take (or
be afforded the citizen, subject to such limitations as may expropriate) private property for public use upon paying
be provided by law. to the owner a just compensation to be ascertained
according to law.
Scope of the right
Conditions for or limitations upon its exercise
1. Existence of public use. SECTION 11
2. Payment of just compensation.  Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any
3. Observance of due process of law in the taking. person by reason of poverty.
(POLICE POWER) CONSTITUTIONAL RIGHTS OF THE ACCUSED IN CRIMINAL CASES
 has been referred to as the power of the State to enact 1. The right to adequate legal assistance;
such laws or regulations in relation to persons and
property as may promote public health, public morals, 2. The right, when under investigation for the commission of
public safety, and the general welfare and convenience an offense, to be informed of his right to remain silent
of the people. and to have counsel;

(TAXATION) 3. The right against the use of torture, force, violence,


threat, intimidation or any other means which vitiates the
 is the power of the State to impose charge or burden free will;
upon persons, property, or property rights, for the use and
support of the government and to enable it to discharge 4. The right against being held in secret, incommunicado,
its appropriate functions. or similar forms of solitary detention;

Tax 5. The right to bail and against excessive bail;

 are the enforced proportional contributions from persons 6. The right to due process of law;
and property levied by the law making body of the State
by virtue of its sovereignty for the support of the 7. The right to presumption of innocence;
government and all public needs.
8. The right to be heard by himself and counsel;
SECTION 10
9. The right to be informed of the nature and cause of the
 No law impairing the obligation of contracts shall be accusation against him;
passed.
10. The right to have a speedy, impartial, and public trial;
OBLIGATION OF CONTRACT
11. The right to meet the witnesses face to face;
 is the law or duty which binds the parties to perform their
12. The right to have compulsory process to secure the
agreement according to its terms or intent, if it
attendance of witnesses and the production of evidence
(agreement) is not contrary to law, morals, good
in his behalf;
customs, public order, or public policy.
13. The right against self-incrimination;

14. The right against detention by reason of political beliefs


and aspirations;
15. The right against excessive fines; SECTION 13
16. The right against cruel, degrading or inhuman  Any person, except those charged with offense
punishment; punishable by “Reclusion Perpetua” 22- 40 years of
imprisonment when evidence of guilt is strong, shall,
17. The right against infliction of the death penalty except for before conviction, bailable by sufficient sureties, or be
heinous crimes; and released on recognizance as may be provided by law.
18. The right against double jeopardy. Bail
Reasons for constitutional safeguards  Security required by the court to assure that the suspect
1. A criminal case, an unequal contest will attend the public trials.
 Ibabalik ang bail pagkatapos ng kaso o kung
2. Criminal accusation, a very serious matter madidismiss ito

3. Protection of innocent, the underlying purpose Capital offense

SECTION 12  Punished “Reclusion Perpetua”


 Life imprisonment or death
Paragraph 1
SECTION 14
 Informed and rights to be silent
 Hindi valid ang ano mang sinasabi mo kung wala sa tabi  No person shall be held to answer for a criminal offense
mo ang sarilli mong attorney without due process of law.

Paragraph 2 Arraignment

 No torture, force violence, threat, intimidation or any  Is made in open court by the judge or clerk, and consists
means to the suspect. in furnishing the accused a copy of the complaint or
information with the list of witnesses, reading the same in
Paragraph 3 the language or dialect known to him and asking him
whether he pleads guilty or not guilty.
 Kung aamin ka sa krimen na ibinibintang sayo dahil
tinorture ka hindi ito magiging valid Speedy Trial
Paragraph 4  Means one that can be had as soon as possible, after a
person is indicted and within such time as the
 Pwede mong kasuhan yung nanngtorture sayo prosecution, with the reasonable diligence, could
 Humingi ng danyos prepare it.
 Kailangan ng dokemento tulad ng medikalohikal para sa  Conducted according to fix rules, regulations and
ebidensysa proceedings of law free from vexatious and etc.
Impartial Trial SECTION 17
 Implies an absence of actual bias in the trial of cases.
 THE RIGHT AGAINST SELF-INCRIMINATION
Public Trial  No person shall be compelled to be a witness against
 Means open to all, as that of the accused’s friends and himself.
relatives and other who may be inclined to watch the  This forbids the government from compelling any person
proceedings in order to see if justice is intelligently and to give testimonial evidence that would likely incriminate
impartially administered. him or her during a criminal case.
 The right allows a person not to answer an incriminating
Right to confrontation of witness question. An incriminating question is one that if
 Cross-examination of witnesses by the accused answered renders a person liable for an offense.
 Assessment by the court of witness’ credibility However, it is only when the incriminating question is put
to a witness stand that the right may be invoked.

SECTION 15
SECTION 18
 The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion, when  EMBODIMENT OF FREEDOM OF EXPRESSION
the public safety requires it.
Paragraph 1
 Habeas corpus is a latin phrase that literally means
“PRODUCE THE BODY”  No person shall be detained solely by reason of his
political beliefs and aspirations.
Habeas Corpus
 This first part reflects Section 4 of Article III, but with
 Habeas corpus is one of the most important checks on emphasis on the prohibition against incarceration of
state power that citizens of many democracies currently “political prisoners”.
have. Without habeas corpus, the government would
Paragraph 2
essentially have the right to imprison citizens without
charging them or bringing them to trial for indefinite  No involuntary servitude in any form shall exist except as
periods of time. a punishment for a crime whereof the party shall have
been duly convicted.
SECTION 16
 Involuntary servitude refers to the compulsory of service
 THE RIGHT TO A SPEEDY TRIAL of another or simply modern slavery.
 All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or
SECTION 19
administrative bodies. Paragraph 1
 The guarantee of a speedy trial is one of the most basic
rights preserved by our Constitution.  Excessive fines shall not be imposed, nor cruel, degrading
 “Justice delayed is justice denied.” or inhuman punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides SECTION 22
for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.  EX POST FACTO LAW
 No ex post facto law or bill of attainder shall enacted.
1. Republic Act No. 8177 by Ferdinand Marcos  ‘Ex post facto’ is latin translation to “from action after” or
2. Article 3. Sec. 19 (1) by Cory Aquino “after the facts”.
3. Republic Act No. 7569 by Fidel V. Ramos  It is when a certain crime is committed, and then the law
4. Republic Act No. 9346 by Gloria Macapagal Arroyo is passed regarding that crime.

Paragraph 2

 The employment of physical, psychological, or


degrading punishment against any prisoner or detainee
or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt with by the
law.
 Each person detained, is entitled to a proper treatment
and protection.

SECTION 20
 JUST CAN’T ‘DEBT’ ENOUGH
 No person shall be imprisoned for debt or non-payment
of a poll tax.
 A citizen cannot be imprisoned for debt. But creditors
can still bring you to court to demand and enforce
payment of your debts.

SECTION 21
 THE RIGHT AGAINST DOUBLE JEOPARDY
 No person shall be twice put in jeopardy of punishment
for the same offense. If an act is punished by a law and
an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
 Double jeopardy means that a person is twice put at the
risk of conviction for the same act offense.

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