Final Report on the Research of Legal System of the Philippines and Legal Information Concerning Society, Culture, Politics and Security of the Philippines
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FINAL REPORT ON THE RESEARCH OF LEGAL SYSTEM OF THE PHILIPPINES AND LEGAL INFORMATION CONCERNING SOCIETY, CULTURE, POLITICS AND SECURITY OF THE PHILIPPINES SPONSORED BY OFFICE OF THE COUNCIL OF STATE OF THAILAND RESEARCHED BY SCHOOL OF LAW, ASSUMPTION UNIVERSITY 2020 Research Team Assoc. Prof. Pornchai Soonthornpan Researcher Praphrut Chatprapachai Project Leader / Researcher Dr. Nattapong Suwan-in Researcher Yuranant Yuvanont Researcher Aileen V. Sicat Researcher Table of Contents Chapter Page Chapter 1 An Overview of Socio-Cultural Issues in the Philippines 1 1.1 Socio-Cultural Policy 1 1.1.1 Nature and Characteristic of the Philippines’ Society 2 1.1.2 Policies on Socio-Cultural in the Past Period 7 1.1.3 Policies on Socio-Cultural in Present 8 1.1.4 Implementation of the Policies / Problems and Obstacles 14 1.2 International Agreements on Socio-Cultural Issues 16 Chapter 2 Overview of Political and Security Issues in the Philippines 23 2.1 Political and Security Policies 23 2.1.1 Political and Security Circumstance in the Philippines 23 2.1.2 Political and Security Policies in the Past Period 60 2.1.3 Policies in the Present on Politics and National Security 63 2.1.4 Implementation of the Policies / Problems and Obstacles 71 2.2 International Agreements in Political and Security Issues 74 Chapter 3 Laws Concerning Society, Culture, Politics and National Security 77 3.1 Laws Concerning Education 77 3.1.1 Overview of Education of the Philippines 77 3.1.2 Laws Concerning Basic Education 80 3.1.3 Laws Concerning Higher Education 87 3.1.4 Laws Concerning Vocational School System 88 3.1.5 Laws Concerning Non-Formal Education and Laws Concerning 90 Informal Education i 3.2 Laws Concerning Labor Safety Protection and Enhancement of Potential Labor 92 3.2.1 Overview of Labor in Philippines 92 3.2.2 Laws Concerning Labor Protection 93 3.2.3 Laws Concerning Social Security and Compensation 104 3.2.4 Laws Concerning Safety, Occupational Health and Working Environment 105 3.2.5 Laws Concerning Encouragement of Labor Skill Development 106 3.2.6 Laws Concerning Protection of Migrant Workers 106 3.3 Laws Concerning Public Health 107 3.3.1 Overview of the Philippines’ Public Health 107 3.3.2 Laws Concerning Health Insurance, Health Protection and 109 Health Enhancement 3.3.3 Laws Concerning Contagious Disease 113 3.3.4 Laws Concerning Control on Alcohol Beverages and Tobacco 114 3.3.5 Laws on Food 117 3.3.6 Laws on Pharmaceutical Products 118 3.3.7 Laws on Narcotics and Prevention and Suppression against Narcotics 119 3.3.8 Laws on Cosmetics 120 3.3.9 Laws on Healthcare and Hospitals 121 3.3.10 Laws on Medical Products, Laws on Standardization of Medical Products, 123 Drugs and Cosmetics 3.4 Laws Relating to the Country’s Promotion of Science, Technology and 124 Communication 3.5 Laws on Improvement of National Bureaucracy 132 3.6 Laws Concerning Social Welfare Protection and Quality of Life Promotion 143 3.6.1 Laws Concerning Protection of Children, Women and Seniors 150 3.6.2 Laws Concerning Prevention and Suppression against Human Trafficking 163 ii 3.7 Laws Concerning Environmental Promotion, Preservation, Use of 166 Natural Resources and Effect on Natural Resources and Environment 3.8 Laws Concerning Cultural Promotion, Preservation and Ways of Life 186 Chapter 4 Laws Concerning Politics and National Security 202 4.1 Laws Concerning Administrative Procedure, Official Information, 202 and Tortious Liabilities of Officials 4.1.1 The Code of Conduct and Ethical Standards for Public Officials 202 and Employees 4.1.2 The Administrative Code of 1987 208 4.1.3 The Official Gazette 235 4.1.4 Laws Concerning Information of the Government 236 4.2 Laws Concerning National Peace and Order 238 4.2.1 The Department of the Interior and Local Government Act of 1990 238 4.2.2 National Emergency 240 4.2.3 Cheap Medicines Act of 2008 242 4.2.4 The Price Act (1992) 242 4.2.5 The Electricity Power Crisis Act of 1993 243 4.2.6 National Water Crisis Act of 1995 243 4.2.7 Martial Law 243 4.3 Laws Concerning Anti – Corruption 245 4.3.1 Anti-Corruption Month Act 245 4.3.2 Revised Penal Code 245 4.3.3 An Act Defining and Penalizing the Crime of Plunder 251 4.3.4 The Ombudsman Act of 1989 255 4.3.5 Anti-graft and Corrupt Practices Act 256 4.3.6 Laws on Anti - Corruption 257 iii Chapter 5 Public and Private Agencies Concerning Society, Culture, Politics and National Security 5.1 Public Agencies Concerning Society 260 5.1.1 National Commission on Indigenous Peoples (NCIP) 260 5.1.2 Department of Education 262 5.1.3 Department of Health 264 5.1.4 Department of Information and Communications Technology (DICT) 267 5.1.5 Department of Environment and Natural Resources (DENR) 273 5.1.6 Department of Justice 278 5.1.7 Department of the Interior and Local Government (DILG) 280 5.1.8 Department of Energy 283 5.1.9 Department of Science and Technology 287 5.1.10 Department of Public Works and Highways 290 5.1.11 Department of Social Welfare and Development 293 5.2 Private Agencies Concerning Society 296 5.3 Public Agencies Concerning Culture 297 5.4 Private Agencies Concerning Culture 298 5.5 Public Agencies Concerning Politics 299 5.6 Private Agencies Concerning Politics 300 5.6.1 Nacionalista Party 300 5.6.2 Liberal Party 301 5.7 Public Agencies Concerning National Security 302 5.7.1 Department of National Defense (DND) 302 5.7.2 Department of Foreign Affairs 304 5.7.3 The Philippine National Police (PNP) 307 5.8 Private Agencies Concerning National Security 308 iv Chapter 6 Conclusion 309 v Chapter 1 An Overview of Socio-Cultural Issues in the Philippines 1.1 Socio-Cultural Policy Social justice is clearly important in the Philippines. The highest law of the land, the constitution, says so. In fact, Article XIII of the 1987 Philippine Constitution is entitled Social Justice and Human Rights. Section 1 of the said article says that the highest priority will be given by Congress “to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.”1 In addition, the constitution provides that social justice may be attained through various means including giving full protection to labor under Section 3 of Article XIII, “undertaking an agrarian reform program founded on the right of farmers and regular farmworkers who are landless” and for other farmworkers to receive a just share of the fruits of the land they till under Section 4 to Section 10; a “continuing program of urban land reform and housing which will make available at affordable cost, decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens; protection for working women by providing safe and healthful working conditions; upholding the rights of people’s organization to effective and reasonable participation at all levels of social, political, and economic decision-making;” and Section 17 the creation of the Commission on Human Rights which will provide “appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad.”2 1 1987 Philippine Const. art. XIII, § 1., available at http://www.lawphil.net/consti/cons1987.html (last visited October 10, 2015) 2 1987 Philippine Const. art. XIII., available at http://www.lawphil.net/consti/cons1987.html (last visited October 10, 2015) 1 1.1.1 Nature and Characteristic of the Philippines’ Society (1) Historical Background The Philippines bears strong Spanish and American influences combined as a result of being colonized by the two countries. It has been said that “the country is culturally strongly Euro-American” 3 and that “Philippine society is a unique blend of diversity and homogeneity”. History of the Philippines can be divided into three period which are Pre-Spanish Period (60,000 B.C.-1521), Spanish Colonization Period (1521- 1898) and American Colonization Period (1898-1946). (1.1) Pre-Spanish Period (approx. 60,000 B.C.-1521) There are various theories explaining the origin of population in the Philippine archipelago, but according to the characteristics of the Philippine people nowadays, with diverse physical and cultural characteristics, it is likely that there were several immigrations in different time and places. This is due to the latest evidence from the discovery in 2007 showing that there are human beings living in the Philippine archipelago for 67,000 years. Archaeologists call them Callao Man4 which is the oldest information about human beings in the Philippines. Later on, there were tribes from Indonesia such as Austronesian and Negrito who introduce cultivation culture to Filipinos and the Malay tribe that brought Islamic culture into the Philippines. In addition, Philippine in this era was also associated with India and China which originated Filipino-Chinese population who influenced the economy of the Philippines until today. In the south, there were also Arabs who came to contact and trade, bringing Islamic religion into proliferation. In this period, the governance of the Philippines had no complexity. Filipinos lived in scattered villages which were called Barangay that were independent from each other in form of agricultural society, worshiping spirits and Islam (especially in Mindanao of Southern Philippines).