Religious Education Curriculum as a Basis for Developing an Ethos of Essay

Religious Education Curriculum as a Basis for Developing an Ethos of Mutual Respect among Pupils - Essay Example I discovered the importance of educational acts such as the Education Act especially in ensuring that the Religious Education curriculum is effective. Educational reforms are important and can only be much beneficial when implemented for the general national good. For example, excluding independent schools from the national educational reforms is a great setback and can cause great harm to the educational system and cripple the efforts made toward achieving a united country. I support the opinion that religious education must be taught as part of the national curriculum, in all schools for at least a few minutes per day and that collective worship during school meeting time or lessons facilitates the understanding of the role of religion among students. Even though people have the right to withdraw their children from schools that offer obligatory religious education, this denies the children the right to acquire good personal attributes and social understanding that I consider to be very essential for any individual who want to coexist well with others. Moreover everyone’s right to worship and to associate with a particular religion should be respected. I concur with the idea that integrating religious education within the national curriculum will go a long way in developing pupils’ knowledge and understanding of Christianity and other religions. It is true that embedding the Religious Education curriculum in local syllabuses and school frameworks has helped many nations to identify and embrace important principles for religious education (Ashcroft and Palacio, 1997, p.169). Religious education builds up students’ knowledge and understanding of Christianity as well as other principal religions and religious traditions in the world. It makes a unique contribution to the school curriculum by developing pupils’ knowledge and understanding of religion, religious beliefs, practices, languages and traditions and their influence on individuals, communities, societies and cultures. It is much profitable and extremely important that religious education be a nationally agreed syllabus. The education authorities and Standard Advisory Council for Religious Education must come together and device new policies that incorporate the religious teachings and education into the national syllabus (Ashcroft and Palacio, 1997, p.72) .Countries dominated by one particular religion must learn to embrace and tolerate religious diversity. The increased international relations denote that countries must now be more accommodative and able to absorb people of different and diverse multicultural backgrounds. Teaching pupils the diversity of today’s society and the varying differences in religious beliefs and cultures creates a more civilized and understanding society. Religious education encourages the students and the society to accommodate and tolerate people of diverse cultures and enables the pupils and students to explore multi-cultural and multi- faiths, encouraging them to coexist well with people around them

Ithacan University Management Research Proposal

Ithacan University Management - Research Proposal Example There are various graduates’ degrees available at Ithacan including degree in health and business. Outside the lecture room, Ithacan University provides various opportunities for employees to assist the wider society. Hibidash is the university's annual Humanity Habitat 5k race. Of huge significance is the university program that supp...orts malnourished children, and Friday Services is a program through which university staff can volunteer and support in the broader Ithacan region. Students and employees can also participate by joining many of the other students and staff organizations or by taking part in club sport or recreational activities of the institution. Ithacan University offers a high-rate education on a basis of first-name. With a close student faculty, ration of about 12:1 and emphasizes on active involvement and learning. Ithacan is the best place to prepare for a long-term success. Ithacan's Vibrant, residential university overlooks Fingers Lake and is home to over 9,000 undergraduates and more than 850 faculties. The estimated budget for the restructuring program is about 400 million dollars. The estimated amount of money will cater for the replacement of the items and facilities not automatically replaced during the last program, such as laptops docking stations, computer monitors, special keyboards, software not added to the primary network bundle and RAM upgrades. The said amount will meet the employee’s salary increment and their security needs. Even, though, there are different ways in which employees can be recognized and rewarded, as a HR director, I look to give monthly salary increments in realization and acknowledgment of individual performance for employees whose performance will be consistently appealing, and who will demonstrate the job specific skills, behaviors and knowledge to meet overall expectations of the institution. Salary adjustments will be made at the start of each year as well as contingent on funds avail ability, (Baldwin 45). Also, all faculties to be offered appointment for the following academic year will receive yearly evaluations for salary. Procedures and policies concerned with faculty evaluations will be available in the faculty Handbook. Compensation strategy

Preventing Youth Offending through Social Work

Preventing Youth Offending through Social Work Introduction to Social Work. David Gower and Jackie Plenty. S134487 The area I have chosen to discuss is Youth Offending and intend to look at options that will help prevent re-offending and how we, as Social Workers, work as part of a team within Youth Offending. I intend to look at what areas of society are more likely to offend or re-offend. A young offender is defined as someone under 18 years of age who has committed an offence. The legal age of criminal responsibility in England and Wales, is ten years old, therefore anyone under the age of 10 cannot be held responsible for their actions. Anyone aged between 10 and 14 years old is presumed to understand the difference between right and wrong, so they can be convicted of a criminal offence if found guilty. Teenagers between 14 and 17 years old are fully responsible for any crimes they commit, but they are sentenced differently in relation to adults. Young offenders are assessed by the (1) Youth Justice System (YJS). There are a number of risk factors which may make a young person more likely to become involved in committing crime or anti-social behaviour. Whilst not exhaustive these include a lack of education, poor family relationships, having family members or peers who have offended, and misuse of substances. The YJS aim to tackle these problems (www.yjb.gov.uk) According to the Children Act 1989, the childs welfare shall be the courts paramount consideration. Therefore why do we lock so many children up, but allow terrorist to walk free under a control order? (Part 1 Welfare of the child) In the United Kingdom we lock up more children than any other country in Europe. 90% of young offenders put in prison will reoffend within two years of release. The UKs (2) Youth Justice Board spends 70% of its budget on custody, 5% on preventive methods; leaving just 25% for restorative and other methods. The age of criminal responsibility in England, Wales and Northern Ireland is 10 years old. In Scotland its eight. Interviews with young offenders revealed litanies of jailed mothers, abuse at home, street living, and failed foster care. Almost all such children are excluded from school, and other attempts to divert them are laughable: youth clubs with a pool table, one TV and one PlayStation to fight over. (radio-youth justice)   The Crime and Disorder Act was legislated in 1998 for the first time. Working together as part of the new Multi-agency (3) Youth Offending Team under section 39(5) a Youth Offending Team (YOT) would now consist of a Social worker, a police officer, a probation officer, a nominated person from the education department a nominated person from the health authority. Working as part of a YOT involves being a member of possibly the most diverse and wide ranging multi-agency team within Social Care. Under the (4)GSCC code of practice Social workers have 6 standards (5)that need to be maintained within Social Care settings ensuring that you can build up a relationship with your client and their carers, whilst using this we also need to take into account the National Occupational Standards and use these to provide a benchmark within our practice. Within Youth Justice the National Standards are set by the Home Secretary and issued by the YJB. The Standards provide a benchmark to measure good practice whilst working with children and young people who offend, as well as their families and victims. Social work has little to contribute and little wish to contribute to the effectiveness of prisons if one takes the view that their primary purpose is to punish and humiliate their inmates. If, on the other hand, prisoners are there as a punishment, not for additional punishment, Social Work has an important role, prison based Social Workers can play a vital part in helping prisoners maintain contact with communities, preparing them for constructive activities after their release, and providing opportunities for reflection on their offending and planning for a better life. Social Work is based upon a belief in dignity and worth of all human beings, and in individuals ability to change. (Williams cited in) The role of social work may be more effective if partnered with a service user using a Care Control system, thus avoiding more custodial sentences. The service user would be well aware they had narrowly avoided a custodial sentence and would be guided by the Social Worker if they do not conform to the agreement that they could end up back in court and eventually back to Prison. Having a basic understanding of the Human Development as well as a good knowledge of Social Work Codes of Practice will help us to understand the service users role within society. We need to help empower the service user into making the right decision for them, by giving them the means and help to do it. By treating them with dignity and respect at a level they can understand without them feeling inferior or pressurised to make a decision by the Social Worker. Within this we can offer help with past problems they have suffered using (6)S.W.O.T. analysis, counselling, curfews, boundaries, mentoring, restorati ve work, talking to parents and working with multiple agencies to ensure the service user gets the service and support they need. Helping the service user to promote positive change and help reduce risk. A service user is a term used to emphasis a professional relationship. Service user involvement is putting the people who use our services in control of the lives offering support they may need, to help them overcome their issues and empowering them to lead more fulfilling lives. The anti-social behaviour orders were introduced by Tony Blair in 1998 and by 2005 55 per cent were being breached (cited in article-1228445 Daily Mail) is this because the courts and the police are making the (7)ASBOs unrealistic , Setting out for the Young person to fail and break the order, so they can then go back to court to get the young person of the streets. Working as professionals within the Multiagency setting of YOT we should be looking for opportunities to empower the young person into meeting realistic targets and not setting ASBOs which we know they will be unable to comply with for various reasons. Under the United Nations Convention on the Rights of the Child (1989) State Parties recognise the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the childs sense of dignity and self worth.(Youth Justice and Social Work ) Piaget distinguished three stages in childrens awareness to rules by playing   games, 1st ages up to 4-5, rules not really understood,2nd stage 4-5 up to 9-10, rules were seen to be coming for a higher authority (e.g. adults, god, town council) 3rd stage 9-10 onwards rules could be mutually changed by others. (cited Understanding childrens development) Many young people who become involved in violence and crime have experienced this type of behaviour from a parent or a peer, if they have learnt that this is the accepted way of dealing with a problem and have seen or experienced this kind of abuse they may have little self esteem and perceive this to be the correct way of dealing with an issue. As discussed by Paiget about children learning and understanding rules, if a child is taught the wrong moral standings by an adult in stage 2, it could lead to them following the wrong path in life. Using this theory we can benchmark where a child should be. There was a drop in the number of children entering the justice system for the first time in 2007/08. Numbers of first time entrants aged 10 to 17 entering the Youth Justice System in England and Wales were around 87,400, a fall of about 7 per cent on the previous year. Slightly more than 2,700 of children in this age group were in custody in England and Wales in December 2008, including around 500 children aged 15 and under. The majority of young offenders in custody were boys (94 per cent). More than four-fifths (86 per cent) of young offenders were held in Young Offenders Institutions, 8 per cent were in Secure Training Centres and 6 per cent were in Secure Childrens Homes. Around 51,000 children aged 10 to 17 were found guilty of indictable offences in 2007 and a further 75,000 were cautioned. Of those found guilty of an indictable offence, more than a third (36 per cent) were found guilty of theft and handling stolen goods and around 14 per cent were found guilty of violence against the person. Boys aged 15 to 17 accounted for 69 per cent of all children found guilty of indictable offences in 2007 including theft and handling stolen goods (11,200 offenders), violence against the person (5,500 offenders), drug offences (4,600 offenders) and burglary (4,500 offenders). (Source: Home Office, Ministry of Justice, Youth Justice Board ) In Order to help prevent this from happening the government launched a program called Youth Inclusion program (8)(YIP) which was established in 2000, and tailor-made programmes for 8 to 17-year-olds, who are identified as being at high risk of involvement in offending or anti-social behaviour. Whilst the programs are run for the identified children, YIPs are also open to other young people in the local area. The programme operates in110 of the most deprived/high crime estates in England and Wales. YIPs aim to reduce youth crime and anti-social behaviour in neighbourhoods where they work. Young people on the YIP are identified through a number of different agencies including youth offending teams (YOTs), police, social services, local education authorities or schools, and other local agencies. YIP receives a grant each year from the Youth Justice Board annually via its Youth Offending Team and is required to find the same amount of funding via Local Agencies. (Cited YJB/Prevention YIPS) Working in genuine partnership with other agencies and being able to access more information will enable the social worker to assess the service users needs quicker and have a detailed history of the client, which will help everyone involved within the multiagency partnership. Most referrals will come via a common assessment form (9) CAF which is used to highlight the areas each individual agency feels the service user is at risk and working within the comprehensive framework for assessment. An independent national evaluation of the first three years of YIPs found that: arrest rates for the 50 young people considered to be most at risk of crime in each YIP had been reduced by 65% of those who had offended before joining the programme, 73% were arrested for fewer offences after engaging with a YIP of those who had not offended previously but who were at risk, 74% did not go on to be arrested after engaging with a YIP. (Cited YJB/Prevention YIPS) Even though these results prove YIP to be an effective project it struggles for the necessary funding. If YIP had more readily available funding there would be more opportunity to intervene early with the affected children.   Earlier invention would help to refocus the energies of children. This could mean that eventually that we can have early intervention programmes running in all areas where children are more at risk and this could potentially prevent my children becoming involved in crime. The evidence shows that intervening early with the most challenging families in this country works. Ed Balls MP, Childrens Secretary (cited Children Young People Now) The conflict between Social work ethics and the legal systems is arguably more distinct in the practice of youth justice than any area within the Social work field. Positive, constructive achievement through social work intervention for a young person will encourage the young person to take responsibility for their actions and empower them to reflect their options whilst making decisions. For a young person, age discrimination and labeling often occur, which could give the young person an attitude and make them feel quite defensive, paranoid sometimes. I think Society possibly needs to change its way of thinking, our New Labour government has passed over 900 new laws since coming to power. This has had an effect on how we view children and young people, 20 years ago we had 339 children in prison, today we have over 3000, does this mean that children have become 10 times more dangerous?. I dont believe that children and young people have really changed as much as statistics say, I believe it is because we have too many laws and because some people live in such a dysfunctional manner, that they prefer to be in prison as they are warm, safe, can get qualifications, they have friends and they get 3 meals day and it is a routine for them, whereas living within a family that is dysfunctional could mean living with violence, drug or alcohol abuse and not having their basic needs met on a regular basis. Everything that happens within a service users life is logical to them. A positivist believes that crime is not chosen but caused largely by factors beyond the offenders control. In essence, the belief is that offenders simply cant help themselves, certain genetic, psychological or environmental factors have influenced their behavior and the existence of these factors means that offenders are almost pre-programmed to become criminals. This is one of the great contradictions of the positivist approach to crime is its focus on reformation and rehabilitation. (Taylor et. Al. (1973) cited in Youth Justice and Social Work Appendix YJS- Youth Justice System YJB Youth Justice Board YOT- Youth Offending Team GSCC General Social Care Council GSCC-   6 Standards S.W.O.T Strength, Weakness, Opportunities Threats. ASBO- Anti Social Behaviour   Order YIP- Youth Inclusion Program CAF- Common Assessment Form General Social Care Council Standards: Code of practice. As a social care worker, you must protect the rights and promote the interests of service users and carers. As a social care worker, you must strive to establish and maintain the trust and confidence of service users and carers. As a social care worker, you must promote the independence of service users while protecting them as far as possible from danger or harm. As a social care worker, you must respect the rights of service users while seeking to ensure that their behaviour does not harm themselves or other people. As a social care worker, you must uphold public trust and confidence in social care services. As a social care worker, you must be accountable for the quality of your work and take responsibility for maintaining and improving your knowledge and skills. Referencing http://www.yjb.gov.uk/en-gb/yjs/Prevention/ http://www.guardian.co.uk/culture/2009/feb/15/radio-youthjustice Oxford: Blackwell. Davies, M. (2000) The Blackwell Companion To Social Work,Oxford: Blackwell. http://www.dailymail.co.uk/news/article-1228445/We-rein-ASBOs-Tories-plan-instant-penalties-control-yobs.htm Dugmore, P. and Pickford, J. (2006) Youth Justice and Social Work,Exeter: Learning Matters. Smith, P.K. and Cowie, H. (1996)   Understanding Childrens Development (2nd ed.),  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚   Oxford: Blackwell. Page 198 Source: Home Office, Ministry of Justice, Youth Justice Board http://www.statistics.gov.uk/cci/nugget.asp?id=2200) http://www.yjb.gov.uk/en-gb/yjs/Prevention/YIP/ Ed Balls quote (Children Young People Now) 3-9.12.09 Dugmore, P. and Pickford, J. (2006)  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚   Youth Justice and Social Work,  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚   Exeter: Learning Matters. Page 49 Taylor

Movie Essay - Irony and Insanity in Francis Ford Coppola’s Film, Apocal

Irony and Insanity in Apocalypse Now      Ã‚  Ã‚   This is end of sanity. As Francis Ford Coppola suggests in Apocalypse Now, sanity is not the manner that would have settled the Vietnam conflict. Rather, through the character of Walt Kurtz, Coppola illustrates the means by which the U.S. Army could have decided the end of the war. Walter Kurtz is a psychopath. Walter Kurtz achieves success in Vietnam. Here lies the irony that Coppola brilliantly conveys. Thousands of troops arrived weekly in Vietnam without the proper arsenal of faculties that one needs to execute the actions essential to success in Vietnam. The boys are not insane enough to win. However, Kurtz, through his psychopathic tendencies, achieve success repeatedly in jungle combat. He was "winning the war his own way."    In order to diagnose an individual with psychopathic deviance, or psychopathy, the individual must display behaviors that reveal four personality characteristics. Psychopaths are impulsive, manipulative, anti-social and pathagnomic (Hare and Shalling 5). The anti-social trait does not signify introversion. Rather, it refers to anti-social behaviors. Pathagnomy indicates the lack of a conscience. An individual who has no conscience can not discern between right and wrong.    Psychopaths display antisocial behavior and impulsiveness (Hare and Schalling 17). Antisocial behavior is determined as activities "not appropriate to the accepted functioning of one's social relationships with one's surroundings" (Hare and Schalling 37). Kurtz performs antisocial behaviors impulsively. Those evaluating Kurtz's behavior due to their social appropriateness are his superiors. General Corman determines that his actions are not acceptable in the circumst... ...uding antisocial behavior, manipulativeness, lack of conscience and impulsiveness, provide the most efficient manner in which to dominate and eliminate any opposition. Such initiative offers soldiers a means to survive and the U.S. government victory. The process, as Coppola explicates, is futile. Young boys become confused, frenzied, mad. Young boys are reinforced in a depraved manner. They receive rewards for their psychopathic deviancy with successful campaigns against the opposition. Kurtz understands this process and attempts to use it to his advantage in achieving success.       Works Cited Hare, R. and Schalling, D. Psychopathic Behaviour: Approaches to Research. New York: John Wiley and Sons. 1978. The editors of the Boston Publishing Company. The Vietnam Experience: War in the Shadows. Boston: Boston Publishing Company. 1988.      

Promote Products Essay

1. 1 Choose a product or service that could be promoted. Explain how and why you would promote that product or service. Identify at least three types of personnel you could use to help you plan and organise the promotion. What role would they play? How would their skills and experience help you? At work we are currently promoting our GPS products. We have chosen to promote these via direct marketing and by targeting certain business types. I liaised with our sales consultants, who talk to these people on a daily basis, to advise on what language should be used and what information they felt was most relevant to put across. We needed a graphic designer to create and develop ideas for the letters and DL flyers being sent. I also needed to involve juniors in the business to assist with folding letters and stuffing envelopes as we had determined that this would be a cheaper option for the business than using a mail house. 1. 2 Make a list of resources you would need for the promotion and identify where you could get them. Explain any actions you would need to take in order to have the resources ready for promotion. The database we purchased contained 7,000 leads so we then needed to purchase paper, envelops, ink, return stamps and organise postage. Paper, envelopes and labels for return address were all ordered in advance from Staples. Ink was also pre-ordered to ensure we didn’t run out during the print job. We then liaised with Australia Post to determine the best way to post this number of letters. We chose their â€Å"clean mail† option which meant having to mark each envelope with a pre paid stamp before taking to the post office. This stamp was purchased through Australia Post.

Historical Background of the 1987 Constitution Essay

The history of the 1987 Constitution began on 11 April 1899, the date when the Treaty of Paris between the United and Spain of 10 December 1898 became effective upon the exchange of instruments of ratification of both countries. But the sources of the 1987 Constitution are (i) McKinley’s Instructions to the Second Philippine Commission; (ii) Spooner Amendment; (iii) Philippine Bill of 1902; (iv) Jones Law of 1916, otherwise known as the Philippine Autonomy Act; (v) 1935 Constitution; (vi) 1973 Constitution and (vi) Freedom Constitution of 1986 and its implementing orders. Treaty of Paris Under the Treaty of Paris, the Philippines was ceded by Spain to the United States. Spain relinquished its sovereignty over the Philippine Islands, and with this, all laws of a political nature were automatically abrogated. The Treaty provided that the civil and political status of all inhabitants of the islands was to be determined by the US Congress. The Philippines in turn, was not given the status of an â€Å"incorporated territory† (as to make it a candidate for statehood) and so ex proprio vigore, the US Constitution did not apply to the Philippines unless the US Congress expressly enacted its provisions. McKinley’s Instructions President McKinley, legislating as Commander-in-Chief, issued on 7 April 1900 his â€Å"Letter of Instruction to the Second Philippine Commission † under Taft. It set up a â€Å"divided civil and military government† with the existing Military governor as the Executive, and a Philippine Commission, created on 1 September 1900, as the Legislative, both representing the US President as Commander-in-Chief. It also extended to the Philippines all the rights in the Bill of Rights of the US Federal Constitution, except the right to bear arms (because the country was in rebellion) and the right to a trial by jury (because the Americans distrusted the Filipinos capacity to be a just judge of his peers). The right to jury trial of an American charged with a crime in the Philippines was denied by the courts in US v Dorr, 2 Phil 332 (1903) by virtue of the Letter of Instruction. This was the first Organic Act (a law which establishes the structure and limitations of the government) of the Philippines. What it lacked, as a constitution, were the ratification by the people, and the right of amendment (which was reserved solely to the US President). The judiciary was subsequently established on 11 June 1901, with a Supreme Court, Courts of First Instance, and Justice of Peace Courts. Spooner Amendment On 4 July 1901, the Spooner Amendment, which was actually a rider to the â€Å"Army and Navy Appropriations Act,† changed the then â€Å"divided, military and civil government† into a fully civil government, under the US Congress. All acts of the Philippine Commission would now begin: â€Å"Be it enacted by the authority of the US government,† and no longer by authority of the US President. Philippine Bill of 1902 The US Congress now in control of the Philippines, ratified all the organic acts of the President, in order to prevent disruption of government, and on 1 July 1900, passed the Philippine Bill of 1902, which was to be organic act of the Philippines from 1902 to 1906. The organic act introduced significant provisions to constitutional history. The Philippine Commission was the upper house. It was under the Governor-General who retained all the executive power, including the power to suspend the writ of habeas corpus upon recommendation of the Philippine Commission. It established an elective lower house called the Philippine Assembly, composed entirely of Filipinos. It called for the first election in the Philippines to fill up, the membership in the lower house, as soon as the Philippine insurrection stopped and there was a condition of general peace, except in the Moro and Non-Christian provinces. A census was taken and completed on 28 March 1903 and with a certification of peace and of Filipino acceptance of the US government made by the Philippine Commission on 29 March 1907, the election for the Philippine Assembly was conducted on 10 July 1907, with Osmena as speaker. The Bill also defined for the first time who the citizens of the Philippines were. They were all the inhabitants of the Philippine islands who were subjects of Spain as of 11 April 1899, who continued to reside therein, and all the children born subsequent thereto. This definition is still good law today. Jones Law On 29 August 1916, the US Congress passed the Jones Law, otherwise known as the Philippine Autonomy Act. It established a tripartite government with real separation of powers; this was the prototype of our present set-up. The executive power was in the hands of an American Governor-General, who was independent of the Legislature, and who was given the power to suspend the writ of habeas corpus and impose martial law without the recommendation of the Legislature. The Legislature was composed of the Senate and the House of Representatives, all composed of Filipinos. The judiciary continued to be made up of the Supreme Court, the CFIs and Justice of Peace Courts. Under this set-up, while the Filipinos has all the legislative power, the Americans had all the executive power and thus, also the control of the government. Thus, in the Board of Control (National Coal Corporation) cases, the US Supreme Court ruled, despite the dissent of Holmes and Brandeis, that the President of the Senate and the Speaker of the House could not vote the stocks of the NCC and elect its directors because this was a political function. Only the Governor-General could vote the government shares, said the court. The definition of who were citizens of the Philippines first enunciated in the Philippine Bill of 1902, was carried over by the Jones Law. Tydings-McDuffie Law Although this was not an organic act, it is important in the constitutional history of the Philippines because it was to be the enabling statute, providing the mechanism whereby the constitution of an independent Philippines could be adopted. The law, upon its acceptance by the Senate and House of Representatives of the Philippines, provided for (i) the calling of a Constitutional Convention to draft a Constitution for the Philippines, (ii) the adoption of a Constitution that established a republican government, with a Bill of Rights, and a separation of church and state, (iii) the submission of the draft to the US President for certification that the Constitution was in conformity with the conditions set by the Tydings-McDuffie Law, and (iv) its ratification by the people in a plebiscite. Complete independence was to take place ten (10) years after its effectivity. 1935 Constitution Accordingly, on 30 July 1934, an election was held to choose the delegates to the Constitutional Convention. Claro M. Recto was elected President of the Convention. On 8 February 1935, the Concon approved the draft. On 23 March 1935, the draft was certified by the President, Franklin Delano Roosevelt as conforming to the Tydings-McDuffie Law. On 14 May 1935, it was ratified by the people in a plebiscite, with the provisions on the qualifications of the President, Vice-President and members of Congress taking effect upon ratification. In September 1935, the first election under the 1935 Constitution was conducted with Manuel Luis Quezon as President and Sergio Osmena as Vice- President. On 15 November 1935, upon the inauguration of the Commonwealth, the 1935 Constitution took effect. This Constitution was to serve as the charter of the Commonwealth, and upon withdrawal of US sovereignty, of the Republic. The Constitution provides for a tripartite government, with the executive lodged in the President who had a six-year term, the legislative in a unicameral National Assembly, and the judiciary in a Supreme Court, CFIs and Justice of Peace Courts as before. In 1940, it was amended to provide for (a) a bicameral Congress with a Senate and a House of Representatives; (b) a term of four years for the President, but with re-election and (c) the establishment of an independent constitutional body known as the Commission on Elections. War ensued, and the Philippines was so devastated that the declaration of its independence, due 15 November 1945 had to be postponed. At any rate, on 23 April 1946, the election of the first officials of the Philippine Republic was held, and on 4 July 1946, the Republic was inaugurated and the Philippines became â€Å"politically† independent of the US. Theoretically, to an extent that sovereignty is never granted to a people but is earned by them as they assert their political will, then it is a misnomer to say that 4 July 1946 was the day US granted independence to the Philippines. More appropriately, it was the day when the US withdrew its sovereignty over the Philippines, thus giving the Filipino people an occasion to assert their own independence. But not â€Å"economically†. On 30 April 1946, one week after the election, the US Congress passed the Bell Trade Act which would grant Philippine prime exports entry to the US free of customs duties from 1946 to 1954, and a gradual increase in duties from 1954 to 1974 (Laurel-Langley agreement), provided that the Philippines would grant US citizens and corporations the same privileges, and in addition, the right to explore natural resources of the Philippines in parity with the Filipinos, and to operate public utilities. This must be accepted by Congress, embodied in an Executive Agreement, and reflected as an amendment in the Constitution. The Senate approval of this bill gave rise to the case of Vera v Avelino, 77 Phil 192 (1946). The Senate then had 11 Nacionalistas and 13 Liberals. Three Nacionalista Senators-elect (Vera, Diokno and Romero), known to be against the Bell Trade Act, were prevented by the rest of the Senate, in what is known as â€Å"exclusion proceedings,† on grounds that their elections were marred with fraud. The political motivation was clear but the SC was conned into lifting the injunction it issued for the withholding of the suspension, because of the unfulfilled promise that the Senate would not carry out the suspension. With the balance of power offset, the Bell Trade Act was passed. Subsequently, the SC had to dismiss the petition on the ground that the principle of separation of powers, it could not order a co-equal branch to reinstate a member. The Senate authorized President Roxas to enter into an Executive Agreement, which he did on 3 July 1946, the eve of the declaration of Philippine Independence. Then came the amendment of the Constitution in order to include the Parity Rights Agreement, which gave rise to the case of Mabanag v Lopez Vito, 78 Phil 1 (1947). Under the Amendatory Provisions of the 1935 Constitution, Congress, acting as constituent body, needed 3/4 vote to propose an amendment to the Constitution. But with the three Senators still suspended, only the 21 remaining were used as the basis for computing the 3/4 requirement. When this was raised in court, it begged off from ruling on the ground that it was a political question. It also used the Enrolled Bill Theory. So with the amendment proposed, it was subsequently ratified on 5 March 1947. The third time the Constitution was amended (1940, 1947) was in 1967. A Resolution of both houses provided for (a) the amendment of the Constitution by a Convention, (b) the increase of seats in the House of Representatives to make the Concon sufficiently representative, and (c) allowing members of the House as delegates without forfeiting their seats. The first was approved, the second and third were rejected. This became the subject matter of Gonzales v COMELEC. Election of delegates to the Concon took place on 10 November 1970. Then the ConCon met on 1 June 1971. Before it finished its work, it came up with a resolution calling for an amendment to the 1935 Constitution reducing the voting age from 21 to 18, so that a wider base could vote in the ratification of the Constitution then being drafted. A plebiscite was set by the COMELEC for 8 November 1971 but this was enjoined by the SC in the case of Tolentino v COMELEC, the court ruling that a piece-meal amendment was not allowed by the 1935 Constitution since it provided that the amendments were to be ratified at â€Å"an election† which meant only one election. The Court upheld its jurisdiction over the ConCon by arguing that since the Concon derived its power from the Constitution, it was thus limited by the Constitution. But it was subsequently overtaken by Martial Law. On 30 November 1972, the Convention submitted its â€Å"draft† to the President, who called on a plebiscite to ratify the Constitution. This was questioned in the case of Planas v COMELEC, 49 SCRA 105 (1973) on the ground that there can be no freedom of expression under Martial Law. But the case was rendered moot and academic when the President cancelled the plebiscite and instead held a citizens’ assembly on 10 to 15 January, 1973. On 17 January 1973, the President came up with a proclamation that the Constitution had come to full force and effect after its overwhelming ratification by the people in a viva voce vote. 1973 Constitution The validity of the ratification process was questioned in the case of Javellana v Executive Secretary, 50 SCRA 30 (1973) but the failure of the SC to come up with the necessary votes to declare the act as unconstitutional forced it into the conclusion that â€Å"there are no further obstacles to considering the constitution in force and effect.† The 1973 Constitution was amended four times. The first, in 1976, gave the President, legislative powers even if the Interim Batasang Pambansa was already operating. The second, in 1980 was not significant. It merely raised the retirement of justices of the SC from 65 to 70 as to keep Fernando for five more years. The third, in 1980 changed the form of government from Parliamentary to Presidential. The fourth, in 1984, responded to the succession problem by providing for a Vice-President. The start of the end of the Marcos years, of course, could be treated as early as 21 August 1983. But its immediate precursor was the Snap Election which the President was forced to call and set on 7 February 1986 to respond to the clamor for popular mandate. The validity of the â€Å"Snap Election Law† called by the Batasang Pambansa was raised in the case of Philippine Bar Association v COMELEC, 140 SCRA 455 (1985). The issue was raised because of the conditional letter of resignation sent by Mr. Marcos to the Batasan, making his resignation effective only upon (i) the holding of a Presidential election, (ii) the proclamation of a winner, (iii) the assumption into office by the winning candidate. It was contended that a conditional resignation was not allowed under the 1973 Constitution, for it did not create a vacancy, and without a vacancy, there was no reason to call for an election. But the SC failed to issue a preliminary injunction to enjoin the COMELEC from preparing for the election, thus making â€Å"the initially legal question into a political one.† In the meantime, the political parties have started campaigning and the people were so involved in the election that to stop it on legal grounds would frustrate their very will. And so, failing to come up with the majority to hold the Snap Election Law unconstitutional, the SC could not issue the injunction prayed for. The election went ahead. The rest is history. The results of the election were proclaimed by the Batasan, naming Marcos and Tolentino as the winners. But the February 2 to 25, 1986, EDSA revolution took place. On 25 February, Marcos was proclaimed in Malacanang by Makasiar, while Aquino was proclaimed in Club Filipino by Teehankee. Later that evening, Marcos fled to Hawaii. A. The February 1986 Revolution and the Proclamation of Provisional Constitution. Freedom Constitution What was the basis of the Aquino government? Did it assume power pursuant to the 1973 Constitution, or was it a revolutionary government? Proclamation No. 1, 25 February 1986 (Provisional government).– But Proclamation No. 3 which announced the Provisional Constitution, seemed to suggest that it was a revolutionary government, since in one of its whereases it announced that the â€Å"new government was installed, through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces,† referring to the EDSA revolution. The better view is the latter view. The Aquino government was not an offshoot of the 1973 Constitution for under that Constitution, a procedure was given for the election of the President — proclamation by the Batasan — and the candidate Batasan proclaimed was Marcos. Lawyers League v Aquino (GR Nos. 73748, 73972 & 73990, May 22, 1986).– This view was affirmed in Lawyers League v Aquino where the legitimacy of the Aquino government is questioned on the ground that it was not established pursuant to the 1973 Constitution. The SC ruled that petitioners had no personality to sue and their petition states no cause of action. â€Å"For the legitimacy of the Aquino government is not a justiciable matter. It belongs to the realm of politics where only the people of the Philippines are the judge. And the people have made the judgment; they have accepted the government of President Aquino which is in effective control of the entire country so that it is not merely a de facto government but in fact and law a de jure government. Moreover, the community of nations has recognized the legitimacy of the present government. All the eleven members of this Court as reorganized, have sworn to uphold the fundamental law of the Republic under her government.† The Aquino government was a result of a â€Å"direct state action.† It was not as if a small group revolted and succeeded in wresting power in the end. Rather, the entire state revolted and overthrew the government, so that right from the beginning, the installation was already lawful and the government was at all times de jure. In this regard, it must be noted that there is no such thing as a constitutional right of revolution. A revolution, from the point of view of a State, is always lawful since a State can never go wrong; it can change its government in whatever way the sovereign sees fit. But this right of revolution, inherent in sovereignty, cannot be recognized in a Constitution, for this would be self-destructive. The nature of a Constitution is to set-up a government and provide for an orderly way to change this government. A revolution contradicts this nature. Proclamation No. 3, March 25, 1986 (Provisional Constitution).– At any rate, the Provisional Constitution or Freedom Constitution was adopted on 25 March 1986 through Proclamation No. 3. It abrogated the legislative provisions of the 1973 Constitution, modified the provisions regarding the executive department, and totally reorganized the government. (Its use of the 1973 Constitution, however, is not be to construed that it was a continuation thereof.) Then it provided for the calling of a Constitutional Commission, composed of 30 to 50 members appointed by the President within 60 days. (In our history, all major constitutions — Malolos, 1935, 1971 — were drafted by elected delegates.) The President appointed 48 Commissioners, who worked on the Constitution from 1 June to 15 October 1986. The draft was submitted to the people in a referendum on 2 February 1987. On 11 February 1987, the President, through Proclamation No. 58, announced its overwhelming ratification by the people and that, therefore, it had come into force and effect. In Re: Saturnino Bermudez (145 SCRA 160)(1960).– In the case of In Re: Saturnino Bermudez , the SC held, quoting the previous case of Lawyers League v Aquino, that: [T]he legitimacy of the Aquino government is not a justiciable matter. It belongs to the realm of politics where only the people of the Philippines are the judge. And the people have made the judgment; they have accepted the government of President Aquino which is in effective control of the entire country so that it is not merely a de facto government but in fact and law a de jure government. Moreover, the community of nations has recognized the legitimacy of the present government. All the eleven members of this Court as reorganized, have sworn to uphold the fundamental law of the Republic under her government.