NATIONAL SERVICE TRAINING PROGRAM

INTRODUCTION

OBJECTIVES:

At the end of Module 1, students should be able to:

• Recognize the role of USL as a public-service university, and Louisians as public servants
• Understand the rationale behind and the rules governing the conduct of the NSTP
• Explain the purpose of the 1987 Philippine Constitution
• Apply the principles of the 1987 Philippine Constitution and its state policies to specific cases and issues
involving the socio-economic welfare of the people

MOTIVATION:

What to do…

One word. Based on personal experience and previous knowledge, what is the first word that comes to your mind when
you think of NSTP? When you realized you will be taking up this course for this short course, what one word can you use
to describe your idea/ thought/ feeling?

PROCESS:

The common perception is a great take-off point to reinforce previous knowledge on the program and debunk/ unlearn
some misconceptions.

NSTP OVERVIEW

NATIONAL SERVICE TRAINING PROGRAM

Republic Act (R.A.) 7722 – also known as The Higher Education Act of 1994

• Republic Act 7722 is the act creating the Commission on Higher Education which covers both the public and
private institutions of higher education as well as degree-granting programs in all post-secondary educational
institutions, be it public or private. One of the powers and functions of this act which is in line with the goal of the
National Service Training Program [NSTP] is to identify, support, and develop potential centers of excellence in
program areas needed for the development of world-class scholarship, nation-building, and national
development.

Republic Act (R.A.) 9163 – also known as National Service Training Program (NSTP) Act of 2001

• Republic Act 9163 is an act establishing the National Service Training Program (NSTP) for tertiary level students,
amending for the purpose Republic Act 7077 and Presidential Decree 1708 and for other purposes.
• 9163 – enacted on January 23, 2002- also the date of approval and signature of former President Gloria
Macapagal-Arroyo.

National Service Training Program refers to the program aimed at enhancing civic consciousness and defense
preparedness in the youth by developing the ethic of service and patriotism while undergoing training in any of its three
(3) program components.

Program Components

1. Reserve Officers’ Training Corps (ROTC). It refers to the program that is designed to provide military training to
tertiary-level students in order to maintain, train, organize, and mobilize them for national defense preparedness.
2. Literacy Training Service (LTS). It refers to the program that is designed to train the students to teach literacy and
numeracy skills to school children, out-of-school youths and other segments of society in need of their services.
3. Civic Welfare Training Service (CWTS). It refers to the program that is designed to contribute to the general
welfare and betterment of life for the members of the community or the enhancement of its facilities. It is devoted
to improve health, education, environment, entrepreneurship, safety, recreation, and moral of the citizenry.
GUIDING PRINCIPLES/ IMPORTANCE

Guiding Principle. All citizens should defend the security and promote the general welfare of the State through military
or civil service.

1. Section 2 of R.A. 9163 affirmed that it is the prime duty of the government to serve and protect its citizens. In
turn, it shall be the responsibility of the citizens to defend the security of the state and in fulfillment thereof, the
government may require each citizen to render personal, military, or civil service.

Role of Youth

1. In recognition of the vital role of the youth in nation-building, the State shall promote civic consciousness among
them and shall develop their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate the
ideals of patriotism, nationalism, and advance their involvement in public and civic affairs.
2. As the most valuable resources of the nation, they shall be motivated, trained, organized, and involved in the
military, literary, civic welfare programs and other similar endeavors in the service of the nation.

Program Implementation

• All incoming first-year students, male and female, starting School Year 2002- 2003, enrolled in any baccalaureate
and in at least two (2) year technical-vocational or associate courses, are required to complete one (1) NSTP
component of their choice, as a graduation requirement.
• All higher and technical-vocational education institutions must offer at least one (1) of the NSTP components.
• State Universities and Colleges (SUCs), shall offer the ROTC component and at least one (1) other NSTP
component
• The Philippine Military Academy (PMA), Philippine Merchant Marine Academy (PMMA), and the Philippine
National Police Academy (PNPA) are exempted from the NSTP.
• Private higher and technical-vocational education institutions with at least 350 student cadets, may offer the
ROTC component and consequently establish and maintain a Department of Military Science and Tactics
(DMST), subject to the existing rules and regulations of the Armed Forces of the Philippines (AFP).

NSTP Values

• Citizenship
• Patriotism
• Moral Virtues
• Respect for the rights of civilians
• Adherence to the Constitution

Duration and Equivalent Course Unit

• Each of the NSTP components shall be undertaken for an academic period of two (2) semesters. It shall be
credited for three (3) units per semester, for fifty-four (54) to ninety (90) training hours per semester.
• Earned NSTP units shall not be included in the computation of Grade Point Average (GPA) grades of college
graduating students.

Organization of NSTP Graduates

• Graduates of non-ROTC components of NSTP shall belong to the National Service Reserve Corps (NSPC), and
could be tapped by the State for literacy and civic welfare activities, especially in times of calamities through joint
efforts of DND, CHED, TESDA, in coordination with DILG, DSWD, and other concerned agencies/ associations.
• Graduates of the ROTC program shall form part of the Citizens Armed Force pursuant to RA 7077, subject to the
requirements of DND
HISTORICAL CONTEXT OF NSTP

Historical Context of NSTP

National Defense Act/ Commonwealth Act No. 1. This act highlighted the necessity of national defense of the country
against colonizers considering the historical background of massive military advancement of an adventurist and power-
driven Western nations poised to extend their territories and resources. This took effect on the auspices of the US
government and was still working its way towards achieving full independence.

This act emphasized

1. The preservation of the State as the obligation of every citizen.

2. The employment of the nation’s citizens and resources for national defense through national mobilization, which
included the execution of all measures necessary to pass from a peace to a war footing.
3. The supremacy of the civil authority and the responsibility of the President of the Philippines, as Commander-in-
Chief of all military forces, to see to it that the mobilization measures are prepared at all times.
4. A national mobilization in any case of threatened or actual aggression

This act mandated

1. All Filipinos are liable to military service, for which they are obliged to go through Preparatory Military Service
(PMT) beginning with youth in school, starting at the age of ten years until he reached the age of twenty-one
years.
2. It authorized the establishment and maintenance of Reserve Officer Training units at colleges and universities.

Citizen Armed Forces/ Republic Act No. 7077. This act is summarized as follows:

1. The maintenance of a standing or regular military forces in times of peace consonant to its adequate and actual
needs for the security of the State but which can be rapidly executed by the well-disciplined Citizen Armed Force
in the event of war, invasion, or rebellion.
2. Maximum opportunity for the CAF to participate in safeguarding the security of the State and in assisting
socioeconomic development.
3. Organization, training, and maintenance of the CAF to ensure their readiness to immediately respond to the call to
service.
4. Promotion and development of public support to the important role of CAF as the protector of the people and the
State

Military training for students enrolled in colleges, universities, and similar institutions of learning is mandatory pursuant
to the provisions of the National Defense Act and the 1987 Constitution.

National Service Training Act/ Republic Act No. 9163. This act made ROTC an optional component and included
female students in the training program.

UNDERSTANDING THE 1987 CONSTITUTION

Meaning of Constitution

Constitution is that written instrument by which the fundamental powers of the government are established,
limited, and defined and by which these powers are distributed among the several departments or branches for their safe
and useful exercise for the benefit of the people.

Note: The three essential parts of a Constitution are: the bill of rights, governmental organization and functions, and
method of amendment.

Nature and Purpose of the Constitution

1. Serves as the supreme or fundamental law. It is binding on all individual citizens and all organs of the
government. It is the law to which all other laws must conform and in accordance with which all private rights
must be determined and all public authority administered.
2. Establishers basic framework and underlying principles of government. It prescribes the permanent framework
of the system of government and to assign to the different department or branches, their respective powers, and
duties, and to establish certain basic principles on which the government is founded.
Kinds of Constitution

Origin and History

1. Conventional or enacted. One which is enacted by the constitutional assembly or granted by a monarch to his
subjects.
2. Cumulative or evolved. One which is a product of growth or a long period of development originating in customs,
traditions, judicial decisions, etc., rather than from a deliberate and formal enactment.

Form

1. One which has been given definite written form at a particular time by a specially constituted authority.
2. One which is entirely the product of political evolution, consisting largely of a mass of customs, usages and
judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing
different dates.

Manner of Amending

1. Rigid or inelastic. One regarded as a document of special sanctity, which cannot be amended or altered except by
some special machinery more cumbrous than the ordinary legislative process.
2. Flexible or elastic. One which possesses no higher legal authority than ordinary laws and which may be altered in
the way as other laws.

Note: The Philippine Constitution is classified as conventional or enacted, written, and rigid or inelastic.

Advantages and Disadvantages of a Written Constitution

1. It has the advantage of clearness and definiteness over an unwritten one. This is because it is prepared with great
care and deliberation.
2. Its disadvantage lies in the difficulty of its amendment. This prevents the immediate introduction of needed
changes and may retard the healthy growth and progress of the state.

Requisites of a Good Written Constitution

Form

1. Brief. In a few provisions, it outlines the structure of the government of the whole state and the rights of the
citizens.
2. Broad. It describes the powers and functions of the government, and of the relations between the governing body
and the governed as comprehensive as possible.
3. Definite. It is clear enough to draw opposing interpretations of essential features of the constitution.

Contents

1. Constitution of the Government. This part deals with the framework of government and its power. It also defines
the electorate.
2. Constitution of Liberty. This sets forth the fundamental rights of the people and imposes certain limitations on the
powers of the government as a means of securing the enjoyment of these rights.
3. Constitutions of Sovereignty. This points out the mode of procedure of amending or revising the Constitution.

Constitution distinguished from statute

Constitution Statute

It is legislation from the people’s

It is legislation from the people.
representative.

It states the general frameworks of the law and It provides details of the subject of which it
government. treats.

It is intended not merely to meet existing It is intended primarily to meet the existing
conditions but to govern the future. conditions only.

It is the supreme or fundamental law of the

It conforms with the Constitution.
land.
The Hierarchy of Laws

Respect for the hierarchy of laws is fundamental to the rule of law, as it dictates how the different levels of law will apply
in practice. In general, the fundamental levels of hierarchy consist of a constitution or founding document; statutes or
legislation; regulations; and procedures.

The Hierarchy of Laws – A Snapshot

Establishes the innate characteristics of the state and its sovereignty; outlines
the rights and responsibilities of its citizens – as such it is the supreme law.

Establishes the country’s governance structure.

Constitution
All other laws must adhere to the constitution.

The constitution should reflect and adhere to a country’s international

obligations.

Trans-border agreements that have different impacts on the country’s law,

depending on the treaty language and the way a country’s constitution
manages them.
International
Laws Sometimes only a limited degree of compliance with treaties, and some
treaties that enshrine fundamental rights are not always followed through in
the signatory nation’s constitution, or through domestic enforcement.

Statutes are enacted by the legislative branch of government and govern a

wide range of issues that require regulation in a modern, democratic state –
including elections.
Statutes /

Legislation Must adhere to the constitution and international law.

Amended by the same process as first enacted, and enforced by a country’s

enforcement agencies.

Common law is law made by the courts, not legislature, and is not a level of
hierarchy per se.

It consists of the judgments of courts, to interpret the wording of statute law,

Common-Law /
to protect the principles of natural justice, to fill a gap in the law, or to deal
Case Law
with an unforeseen situation not covered by statute.

A judgment of a court may award damages, punishment, sanction, or other

remedial action, enforced by a country’s enforcement agencies.

A form of delegated legislation, developed and enacted by ministers,

department heads, or by an independent body or commission, to administer
their responsibilities.

Must adhere to the constitution, international law, and governing statute, and
Regulations
can be enforced in the same way as statutory law.

Provide detail on the administration of principles in the law.

A violation of regulation can be treated as an offense and enforced as such.

A procedure is a description of the required steps necessary to complete a

process.

Procedures are generally written by an administrative body to ensure that the

Procedure law and regulations are applied consistently and fairly to all parties.

Enforcement of a procedure is generally achieved by requesting compliance

as a condition of completing a process or receiving a benefit (for example,
candidacy) – rather than sanction or punishment.

Codes of A written set of rules, principles or standards to govern the behavior of certain
Conduct groups.

Enforcement of codes of conduct depends on whether they are considered

“soft” or “hard” law. Codes of conduct are considered “soft law” when they
are not passed by a lawmaking body and thus rely on voluntary compliance.

Terms such as “guidelines” and “instructions” are uncertain in meaning and

can result in ambiguity, particularly with regard to enforceability.
Guidelines,
“Policies” are broad, informative statements of intent regarding principles to
Instructions,
be followed, priority programs.
and Policies
These should not be used as if they were elements of the structure of the
hierarchy of laws.

Note: In terms of the basic elements of the hierarchy, a constitution states the grounding legal and democratic principles
that its government is obligated to uphold, and because of this is considered the supreme law in a country or state to which
all other laws must adhere. A statute is a law enacted by a legislature to govern society, and its authority is derived from
the constitution or founding document of a country, which authorizes the legislature to enact it. Regulations are issued
under the authority of a statute by a division of the government or by a special body, such as BIR, DENR, NEDA, and
others. For this reason, they are sometimes referred to as “delegated” legislation, and they provide administrative and
technical detail to carry out the purpose of the statute. Finally, procedures describe the required steps necessary to
complete a process and are generally written by an administrative body to ensure that the law and regulations are applied
consistently and fairly to all parties.

Basic Principles underlying the 1987 Constitution

The Constitution is founded upon certain fundamental principles of government that have become part and parcel
of our cherished democratic heritage as a people. Among these principles are as follows:

1. Recognition of the aid of the Almighty God

2. Sovereignty of the People
3. Renunciation of War as an Instrument of National Policy
4. Supremacy of Civilian Authority over the Military
5. Separation of the Church and the State
6. Recognition of the Importance of the Family as the Basic Social Institution and of the Vital Role of the Youth in
Nation-Building
7. Guarantee of Human Rights
8. Government through Suffrage
9. Separation of Powers
10. Independence of the Judiciary
11. Guarantee of Local Autonomy
12. High Sense of Public Service Morality and Accountability of Public Officers
13. Nationalization of Natural Resources and Certain Private Enterprises affected with Public Interest
14. Non-suability of the State
15. Rule of the Majority
16. Government of Laws and Not of Men

Rule of the Majority

The observance of the rule of the majority is an unwritten law of popular government. The wishes of the majority
prevail over those of the minority. The device of the majority is a practicable rule of law based on reason and experience.
Democracy assumes that in a society of rational beings, the judgment and experience of the few; and hence, that the
verdict of the majority will more likely be correct than that of the minority.

Government of Law and Not of Men

Rule of Law is meant that no man in this country is above or beyond the law. Every man, however high and
mighty his position may be, possesses no greater rights than other man in the eyes of the law.
STATE POLICIES

Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the
nation and free the people from poverty through policies that provide adequate social service, promote full employment, a
rising standard of living, and an improved quality of life for all.

Just and dynamic social order

• The Preamble calls for the “establishment of a just and humane society.” Such a society must ensure the
prosperity and independence of the nation and free the underprivileged and the marginalized sectors of our
population from poverty.
• The goal is to reduce the political and economic power of a privileged few by equalizing widely differing
standards and opportunities for advancement and to raise the masses of our people from poverty to a qualitative
worthy of human dignity.
• With the eradication of mass poverty, the State solves at the same time a chain of social problems that comes with
it- social unrest, breakdown of family systems, diseases, ignorance, criminality, and low productivity.

Section 10. The State shall promote social justice in all phases of national development.

Social Justice

• The State must give preferential treatment to the welfare of the less fortunate members of the community- the
poor, the underprivileged, those who have less in life.

Section 11. The State values dignity of every human person and guarantees full respect of human rights.

Human Dignity and Human Rights

• In a democratic state, the individual enjoys certain rights which cannot be modified or taken away by the law-
making body. These rights are recognized or guaranteed because of the belief in the inherent dignity and worth of
every human person.
• The value accorded to human dignity is measured by the extent of respect of human rights. In pursuit of this
constitutional policy, it is the duty of the State to enact measures and develop programs that will promote human
dignity and protect the people from any threat of violence or use of force or deception for the purpose of
exploitation.

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life of the mothers and the life of the born from conception. The
natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.

Strengthening the family as a basic autonomous social institution

• The State is mandated to recognize the sacredness of family life and to strengthen the family. Under the provision,
the government may not enact any law or initiate measures that would break up or weaken the family as a social
unit or in the guise of protecting the family, interfere in purely internal family matters which does not involve the
social order or any public policy.
• The Civil Code of the Philippines lays down the general principles which sustain the solidarity of the family not
only for the guidance of the courts and administrative officials but also for their wholesome influence upon the
members of the family.

Rearing the Youth for Civic Efficiency and Development of Moral Character

1. A duty both of parents and government. – The common welfare of society, as well as the good of the individual,
depends to a great extent upon the proper education and training of children. The youth of today will be
tomorrow’s citizens. These citizens will be as they have been prepared and guided in the youth. The government,
therefore, should equally, share in the inherent right and duty of parents in the training of their children to be
good, useful, and worthy citizens by giving them support to prepare their children for future positions of
responsibility.
2. Right of State to interfere with the education of children. – The State cannot by law compel the parents to make
their children accept instruction in public schools only. Such a law constitutes an unreasonable interference with
the liberty of parents to direct the upbringing of parents to direct the upbringing and education of children under
their control. The State, however, has the power reasonably regulate all schools, their children and pupils; to
 require that all children of proper age attend school, that teachers shall be of good moral character and patriotic
disposition, that certain studies plainly essential to good citizenship must be taught, and that nothing be taught
which is manifestly inimical to public welfare.
3. The State and Parental Obligations. – While the primary responsibility for educating the child rests in the family,
the State has a distinct interest in this matter since a proper education- humanistic, vocational, moral, religious,
civic- is necessary for social well-being. It is the duty of the State to see that these obligations are fulfilled by
parents, and to supply the essential educational facilities which private initiate is unable to furnish.

Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical,
moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism and
encourage their involvement in public and civic affairs.

Role of the Youth in Nation Building

1. Today’s youth, more knowledgeable and intelligent. – Today’s youth are better educated and far more well-
informed and articulate and politically conscious.
2. Duty of the State. – The youth constitute a rich reservoir of productive manpower. Recognizing their vital role in
shaping the country’s destiny, the Constitution lends it support to the promotion of their welfare. It is the duty of
the State to enable the youth to develop physically, morally, spiritually, intellectually, and socially, in a
wholesome and normal manner, and thus, transform them into healthy, upright, intelligent, and useful citizens and
potential community leaders. It shall inculcate in the youth, patriotism and nationalism, promote positive personal
and social values among them, and encourage their active involvement and participation in public and civic affairs
to the fullest extent possible.
3. Today’s youth, tomorrow’s leaders. – By harnessing the enterprising spirit and progressive idealism of the youth,
young people can become effective players in our collective effort to build the modern Philippines and, properly
trained and guided, will in time, assume dignity and honor the places of their elders in the high councils of the
nation.

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote
their welfare.

Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of
national unity and development.

Rights of indigenous cultural communities

• Indigenous cultural communities refer to those non-dominant groups in our country which possess and wish to
preserve ethnic, religious, or linguistic tradition or characteristics markedly different from the rest of the
population.
• The State must promote their rights. The State is bound to consider the customs, traditions, beliefs, and interests
of indigenous cultural minorities in the formulation and implementation of state policies and programs.