VALUES
EDUCATION
Legal and Ethical Prospective.
By Cerelyn Rambonga
OBJECTIVE
• 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.
THE CALL FOR A
CHANGE
VALUES EDUCATION is what we need today considering the enormous
problems confronting with the Filipinos people such as”Narco Politics” and
it offshoot the “Extra Judicial Killing”. 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 tablish 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 or truth,
justice, freedors, love equality and peace (Preamble 1987 Phil Constitution
Thus, to achieve the goal of building a just and humane
society, it is a must that meaningful changes shall
sindertaken now, as later may be too late. For as the
popular song says it's Now or never.
VALUES DEFINED
Values is defined as the established ideals of life, object, customs, ways of acting and
the like that a member of a given 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. 45-49 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 eduction 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
human values as they affect the nature and purpose of man and society (supra).
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 inchades 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, sunity, and self reliance among members of the
society to ensure that progress and development be attained.
FOUNDATION
OF VALUES
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 hab't 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. through
formal education as The best way to achieve this purpose is throu 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.
FORMATIVE
AGE
Adolescents as they are, these young adults are in the crossroads of what life to live as
they are with the dilemma of which way to go. Hence, with lack of proper values to guide
them, in most cases, they become victims of their own 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 The foundation of Filipino values refer to such virtues that we believe
LUES necessary in the making of the Filipino nation at par with other
OF VA 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.
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 Thus, values of a
given society by nature must necessarily be ethical. That is necessarily good or right so
that man must live in consonance with his Divine nature of his Maker so that "His will
be done here on earth as it is in Heaven".
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.
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 Article 3 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
example. A obtained loan from 8. Twenty years passed, A had not yet paid the loan 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 (Art. 1144 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 ass 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 or even get hurt. But
such is allowable under the police power of the state in order to insure the
general welfare, "Ver pepuli Ves 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 liable to the latter for damages:
1. Freedom of Religion
2. Freedom of Speech
3. Freedom to write for the press or to maintain a periodical publication
4. Freedom from Arbitrary or illegal detention
5. Freedom of Suffrage
6. The right against deprivation of property without due process of lave
7. The right to a just compensation when private property is taken for public use
HUMAN RELATIONS
8. The right to the of the laws
9. The right to be equal protective of person, house, papers and effects against
unreasonable searches and seizures
10. The Lability 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
HUMAN RELATIONS
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 contessing 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 .
HUMAN RELATIONS
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 (if the latter be instituted) and may be proved by
a preponderance of evidence.
he 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 this Code,
or any special law, but the justice of the peace finds no reasonable
grounds to believe that a crime has been committed, or the prosecuting
aftorriey erfuses or fails to institute criminal proceeding, 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
PHYSICAL
INJURIES
during the pendency of the civil action, information should be presented
by the prosecuting attorney, the civil action shall be suspended until
the sermination 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 füe a 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).
PHYSICAL
INJURIES
The same is true also when the prosecutor failed to file
necessary information or crminal 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