CHAPTER Values Education (Legal and Ethical Perspective) Learning Objectives: At the end of the chapter, students are expected to: * Define values, education, ethics, law and their relationship to one another; * How each term compliments with one another in the process of achieving progress and development; and, * The role of man, culture, law, education and values to the social, political and economic development of the country. Introduction The Call for A Change Values Education is what we need today considering the enormous problems confronting with the Filipino people such as “Narco Politics” and its offshoot the “Extra Judicial Killings”. This is in addition to the corruption in the government; the insensitivity to the needs of others,or the selfishness in general; the people’s addiction to gambling; the distorted standard for success and the propensity to commit crimes especially against person or property are but a manifestation of lack of proper values as the foundation of a strong and progressive society for the Filipino people. The constitutional mandate to this effect is for the Filipino people to build a just and humane society and to establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony and secure to ourselves and our posterity the blessing of independence and democracy under the rule of law and a regime of truth, justice, freedom, love equality and peace (Preamble 1987 Phil. Constitution). Thus, to achieve the goal of building a just and humane society, it isa must that meaningful changes shall be undertaken now, as later may be too late. For as the popular song says “It’s Now or Never”. Values Education : Legal and Ethical Perspective aValues Defined Values is defined as the established ideals of life, object, customs, ways of acting and the ike that a member of agiven society regard as desirable (p.2311 World Book Dictionary). Otherwise stated values are deep rooted motivators of behavior. They define what is important to us and indicate the course of action we may take confronted with choices (p.95 Sociology in Phil. Setting by Hunt, et al 5th ed), Simply put, values are the set of rules adhered to by a person as a matter of principles that serve as guide to one’s behavior towards anyone or anything given a particular situation. Education Defined Education is defined as the development of knowledge, skills ability or character by teaching (p.670 World Book Dictionary). Thus, education refers broadly to the total social process that brings a person into life in a culture. By living and participating in a culture the youth gradually becomes a recipient of and a participant in a culture. However education in a more formal and deliberate sense takes place in the school, a specified social agency established to cultivate knowledge, attitudes (values) and skills in the leader (p.48-49 Foundation of Education by San Mateo and Tangco 1997 copyright). Education therefore is an acquisition by man of whatever knowledge about anything. Otherwise stated, it is a truth searching about anything as the subject of the study and the process of its transfer to somebody else whether formal or informal. Purpose of Education The purpose of education is truth searching with respect to anything, in relation to a man’s quest for the better life. Thus, according to some advocates, if education is to promote change for the better, then education has to refer to Philosophy to determine what “better” means for a particular segment of a society or for a society as a whole. In educational, Philosophy is the application of Philosophy to the study of all factors affecting the aims and goals of education, its method, content and organization in terms of as values as they affect the nature and purpose of man and society supra). ea Values Education : Legal and Ethical PerspectiveThe reason is obvious, Philosophy as a field of study which deals with the truth independent of man’s perception as his impression or opinion of the same. Values Education Values education as a field of discipline therefore deals with the principles of how man ought to.act in relation to anything that comes across his way. It includes his dealing with his fellowmen with the end in view of making the world a better place for everyone to live in. Thus, the aim of values education is character building. It is the study on how man can properly respond to his environment with the aim of achieving the desired result of cooperation, unity, and self reliance among members of the society to ensure that progress and development be attained. Foundation of Values Education Truth about man and his environment is the foundation of values education. Man must discover the truth about him and his relations with his Creator, his purpose in life and his relationship with his fellowmen and the role of the environment with all the bounties that can be found therein. Thus, man must rationalize as to what he’s living for? How shall he deal with others and for what reason the world exists in relation to him. This truth searching must be the primary objectives and concerns of man’s existence which can only be possible if he finds his true relation with his Maker being the Truth Himself. Values Formation Values education being a character building is primarily formative in nature. It is an acquired attitude that culminates into man’s behavior. As such, values education constitutes as a training endeavor to make the values themselves become a man’s habit in terms of an acquired character being the common social norms of a given society. Hence, the need of a values education through formal training for the purpose until such time that the same values have become the foundation of the people’s way of life. ‘The best way to achieve this purpose is through formal education as part of the school curricula as one regular subject with emphasis as to its importance in relation to the government's effort of establishing a just and humane society. Values Education : Legal and Ethical Perspective abh Formative Age ts as they are, these young adults are in the crossroads of ona S evith the dilemma of which way to go. Hence, ife to live as they are Wit ; ne : ide them, in most cases, they become ith lack of proper values to gui beet Seep oven frustrations. On the other hand, when they are guided with proper values, they become successful and more often than not they become prominent and great men of their times. Foundation of Filipino Values The foundation of Filipino values refer to such virtues that we believe necessary in the making of the Filipino nation at par with other progressive countries in the world. The kinds of virtues which will make the Filipino people believe in themselves as a respectable race and worth looking up to by other countries in the world. The race of great men who are proud of their history being the story of their struggle from slavery to greatness, from poverty to progress and most of all, the lack of their identity as a nation to one with a country of pride not only in Asia but all over the world. We instill such virtues which will make Filipino men and women the inspirations of the generations to come because mindful and caring for their legacy to their posterity. The great men and women who are always ready to sacrifice and be placed at the forefront, the welfare of their countrymen rather than of their personal benefits. Ethics Ethics as a branch of Philosophy is truth-searching relative to what is right or wrong in consonance with the norms of a given society. This is a question of morality or immorality of one’s behavior which largely depends on the social norm being the standard of one’s action or behavior. Be that as it may however, man having possessed the universal character of divinity which is the attribute of the Divine nature of his Maker, acquires that universal concept of what is morally good or bad. Hence, people all over the world have common standard of what is ethical or not, although with minor differences brought about by their unique character as a nation. shar Ts values of a given society by nature must necessarily be ethical ‘ecessarily good or right so that man must live in consonance with his Divine ni i “Tie wri i ae pene of his Maker so that “His will be done here on earth as it a Values Education : Legal and Ethical PerspectiveLaw Law is defined as the rule of conduct, just and obligatory promulgated by competent authority for common observance and benefit. Thus, law by its nature ought to be the kind of act or behavior which the people must do under a certain situation. The reason is that it is obligatory upon those who are covered by it simply because the same is considered good under the given circumstances. Hence, promulgated by the proper authority, particularly, the branch of government authorized to issue the same. Indeed, non-compliance with the said law is even made punishable. Therefore, values being the desired conduct or behavior of people within a given society as they are considered right, correct or ethical must be, and ought to be the law on the subject. The reason why, values, ethics and laws must be discussed together in relation to a certain subject is to acquire the correct perspective of the same. Legal and Ethical Perspective Man must live in a society, or community along with others. This is so because man is a “social animal” and therefore, they live by the rules of the society. Technically, this refers to what is commonly called as a “law”. Hence, everyone has to abide by the law so that peace and order, as well as progress and development can be achieved. In fact, ignorance of the law excuses no one from compliance therewith (Art. 3 Civil Code). The reason is necessity. Thus, said the Court, “Being a general principle, founded not only on expediency and policy but on necessity, there is no ground why Article3 should be relaxed. If the rule were otherwise, the effect would involve and perplex the Court with questions incapable of any just solution and would embarrass it with inquiries almost interminable (Zulueta vs. Zulueta, 1 Phil. 254). Therefore, everyone is conclusively presumed to know the law (US vs. Dela Torre, 42 Phil. 254). Whether anything Legal is also Ethical ‘The question as to whether anything legal is also ethical, is quite relevant since anything ethical is always correct, good and virtuous. Hence, anything that is not ethical must be wrong, bad and or reprehensible. Thus, anything legal must also be ethical, generally, that is the rule. But strictly speaking, it is not always the case. Since there are cases whereby Values Education : Legal and Ethical Perspective as ethical is not considered legal and vice versa. For example, A Sera ida ei B. Twenty years passed, A had not yet paid the loan so that under the law B could no longer compel A to pay since the loan has already prescribed. Since obligation arising from contractual transaction prescribed in ten (10) years without judicial or extra judicial demand (Ar1144 Civil Coder). But from ethical point of view, there is no such prescription until fully paid. In the same way, the taking of one’s life as a Penalty imposed by law may be considered lawful but is not considered ethical. From ethical point of view, taking one's life is the power exclusively belonging to his Maker under all circumstances. When there is Conflict between the Two which prevails? In case there is conflict as to what is to be done, that which is ethical or legal? We submit that the latter be the one to do the reason is that non, compliance with the law is punishable while non-compliance with something ethical is a matter of conscientious accountability. Furthermore, the law has been enacted for the good of the majority even though in the process of implementation, some minorities maybe prejudiced oreven get hurt. But such is allowable under the police power of the state in order to insure the general welfare, “Vox populi Vox Dei”. Human Relations In consonance with the legal principles involving guidance of one’s behavior towards one another as a matter of personal values, Articles on Human Relations of the Civil Code (RA 386) are relevant and worth internalizing as an integral part of one’s character or values as follows: Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liatle to the latter for damages: 1. Freedom of Religion Freedom of Speech Freedom to write forthe press or to maintain a periodical publication Freedom from Arbitrary or illegal detention Freedom of Suffrage The right against deprivation of Property without due process of law The right to a se publicise © ° JUSt Compensation when private property is taken for NQF wn @ Values Education : Legal and Ethical Perspective8. The right to the equal protection of the laws 9. The right to be secured in one’s person, house, papers and effects against unreasonable searches and seizures 10. The liability of abode and of changing the same 11. The privacy of communication and correspondence 12. The right to become a member of an associations or societies for purposes not contrary to law 13. The right to take parts in a peaceable assembly to petition the Government for redress of grievances 14. The right to be free from involuntary servitude in any form 15. The right of the accused against excessive bail 16. The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face and to have compulsory process to secure the attendance of witness in his behalf 17. Freedom from being compelled to be a witness against himself, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a state witness 18. Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and 19, Freedom of access to Courts In any cases referred to in this Article, whether or not the defendant's act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages and for other relief. Such civil action shall proceed independently of any criminal prosecution (ifthe latterbe instituted) and may be proved by a preponderance of evidence. ‘The indemnity shall include moral damages. Exemplary damages may also be adjudicated. ‘The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other Penal statutes (Art. 32 Civil Code). Physical Injuries When a person claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in Values Education : Legal and Ethical Perspective athis Code, or any special law, but the justice of the peace finds no reasonable grounds to believe thata crime has been committed, or the Prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendant's motion, the Court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. If during the pendency of the civil action, information should be presented by the prosecuting attomey, the civil action shall be suspended until the termination of the criminal proceedings (Art. 35 Civil Code). Any violation of the rights as above stated is actionable in Court. The aggrieved party (victim) may filea civil case which is separate and independent from criminal action. However, when it is ajudged that violated said rights, the same cannot be sued unless such act is declared as crime by the Revised Penal Code (Art. 3815). The same is true also when the prosecutor failed to file necessary information or criminal complaint, the victim may also file a civil case which is separate and independent from the criminal case. However, the moment criminal case is filed, the civil case shall be suspended until the criminal case is terminated (Art. 35), The Civil Case to be filed required preponderance of evidence to prove which means such evidence as more credible to one presented by the defendant. @ ‘Values Education : Legal and Ethical PerspectiveCHAPTER 7 Exercise | Name : Score Professor : Section : I. Explain the following: 1. Values - 2. Ethics - 3. Laws - . 4. Culture - 5. Society - II. Write T if the statement is True and F if the statement is False: Man is a social animal. Values must be ethical although not necessarily legal. In case there is conflict as to what is ethical and legal, the latter prevails. Ignorance of the law excuses no one. Everyone is presumed to know the law. Values are what we believe in, we must do. Law as the rule of conduct must be observed and complied with. Narco politics refers to proliferation of drugs syndicate in the Filipino society. 9. Values must be instilled especially among the Filipino youth if progress and development be achieved. 10. The “call for change” is an urgent undertaking as we are running out of time. SN ATE Values Education : Legal and Ethical Perspective aIIL. Answer briefly: 1. Explain the relationship among values, ethics and laws. 2. What do you mean by the phrase that “What is ethical is not necessarily legal?”. 3. Why call for q change? 4. Can there be a “meaningful change” without Values Education? Why? 5. What is Values Education and its legal and ethical perspective? ba Values Education : Legal and Ethical Perspective