Competing rights: Right of the State to Preserve itself v.

Right of the people to due

process.
Relevant Laws:
(1) 1987 CONSTITUTION
(a) ARTICLE XVI, SECTION 4. The Armed Forces of the Philippines shall be
composed of a citizen armed force which shall undergo military training
and serve, as may be provided by law. It shall keep a regular force
necessary for the security of the State.
(b) ARTICLE II, SECTION 4. The Government may call upon the people to
defend the State and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal military or
civil service.
(c) ARTICLE III, SECTION 1. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any person be denied the
equal protection of the laws.
Thesis Title:
Legal Issue/s:
(1) Under what circumstances can the government require the people to render
personal, military or civil service? (when)
(2) Is this something permanent or temporary? (duration)
(3) Who exercises this right of the Government, Executive of Legislative? (who)
(4) Is this a form of emergency power?
Thesis Statement:
Currently, under the Constitution or laws, there are no concrete standards (basis) when
the government can call the people to render military/civil service. This in effect
deprives the people of property and to some extent liberty without due process.
Therefore, there is a need for a law specifying circumstances under which the
Government can require the people to render military/civil service (similar to the
provisions under the Constitution specifying situations when the privilege of writ of
habeas corpus can be suspended)
Thesis Outline
I.

INTRODUCTION
a. Background the Study
i. RA 9163 ROTC made optional
ii. Current State of the Armed Forces of the Philippines
iii. Threats to the Philippine Government
b. Statement of the Problem
c. Significance of the Study
d. Objectives of the Study

II.

III.

IV.

e. Scope and Limitations

f. Organization of the Thesis
CONSCRIPTION IN THE PHILIPPINES
a. Spanish Regime
i. Spanish East Auxiliary Forces
b. Commonwealth Era
i. Forced Conscription
1. National Defense Act of 1935
ii. World War II
1. USAFFE
c. Post War Times
i. P.D. 182
ii. P.D. 567
d. Republic Act No. 7077
i. ROTC mandatory for colleges and universities
e. The 2001 revolt
i. Republic Act No. 9163
CONSCRIPTION IN OTHER COUNTRIES
a. United States
b. Canada
c. Russia
d. South Korea
e. Germany
i. Treaty of Versailles
ii. World War II violations
f. By continent
STATE DUTY TO PROTECT ITS CITIZENS
a. 1987 Constitution
i. Art 2 4
ii. Art 7 18
iii. Art 1
b. Emergency Powers
i. Emergency Powers cases
1. Duterte asks from Congress the grant of emergency powers
for traffic purposes, similarly the exercise of the
ii. David v. Arroyo
iii. IBP v. Zamora
c. Administrative Code of 1987
d. AFP Mandate
i. Reserve forces is an integral part of the defense of the state
e. National Security concept
f. Declaration of War
i. What constitutes war
ii. Legislative action to declare existence of war vis--vis power of
executive to wage war
iii. To whom is war addressed
iv. Art. 2 2

V.

RIGHT OF THE PEOPLE vis--vis THEIR OBLIGATIONS TO THE STATE

a. Right to privacy
i. Left alone
b. Due Process
c. Citizenship
i. Rights
ii. Obligations
iii. Privileges
d. Taxation
VI.
CONCLUSION
VII. RECOMMENDATION
VIII. BIBLIOGRAPHY

Thesis 1 Midterms
I. Thesis Title: Parameters for the government to Exercise its Right to Defend the
State
II. Preliminary Outline
III. Significance of the Topic
IV. Preliminary Bibliography