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Lesson 1: INTRODUCTION TO PHILOSOPHY
LEARNING OBJETIVES:
At the end of the discussion, the students will be able to:
1. Define philosophy, and
2. Enumerate the 8 branches of philosophy.
 DEFINE PHILOSOPHY: PHILOS MEANS LOVE WHILE SOPHIA MEANS WISDOM. IT IS THE
SCIENCE THAT INVESTIGATES THE ULTIMATE TRUTH OR REALITY OF EVERY BEING. It is
the study of the fundamental nature of knowledge, reality, and existence
BRANCHES OF PHILOSOPHY:
 METAPHYSICS- the branch of philosophy that deals with the first principles of things,
including abstract concepts such as being, knowing, substance, cause, identity, time, and
space. It literally means meta (beyond) and physic (physical). It is the study of beyond
physical beings.
 EPISTEMOLOGY- the theory of knowledge, especially with regard to its methods,
validity, and scope. Epistemology is the investigation of what distinguishes justified belief
from opinion.
 COSMOLOGY- the science of the origin and development of the universe. Cosmos
literally means “universe”. It refers to the study of the world and the universe.
 AESTHETICS- It is the study of beauty.
 THEODICY- The word ‘theo” literally means “God”. It is the study about God.
 PHILOSOPHY OF HUMAN PERSON- delves into the origin of human life, the nature of
human life and the reality of human existence.
 LOGIC- it refers to the science of correct thinking. A method of reasoning conducted or
assessed according to strict principles of validity.
 ETHICS-it is the science of human morality. It studies the rightness and wrongness of a
voluntary act. The branch of knowledge that deals with moral principles. It deals with
the questions what is good and what is evil?
Learning Objective Lesson 1-B
At the end of the discussion, the students will be able to:
1. Differentiate ethics from morality,
2. Compare and contrast intellect from will, and
3. Value the importance of morality in one’s life.
WHAT IS ETHICS? IT IS THE SCIENCE OF THE MORALITY OF HUMAN CONDUCT.
COMPARISON BETWEEN ETHICS AND MORALITY
 ETHICS COMES FROM THE GREEK WORD ETHICOS WHICH MEANS “CUSTOMS’
 MORALITY COMES FROM THE LATIN WORD MORIS WHICH MEANS “CUSTOMS”
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IS THERE UNIVERSAL MORALITY?
 YES. UNIVERSAL ACTS OF MORALITY ARE THOSE GENERALLY ACCEPTED BY THE PEOPLE
REGARDLESS OF ITS RACE, RELIGION AND REGION. EXAMPLE: PRESERVATION OF
HUMAN LIFE, VALUE OF HUMAN LIFE. THE ACT OF NOT KILLING AN INNOCENT PERSON
IS AN UNIVERAL ACT OF MORALITY.
WHY MAN HAS THE OBLIGATION OR THE NEED TO BE MORAL?
 MAN HAS INTELLECT AND FREEWILL
COMPARISON BETWEEN MAN AND ANIMAL:
 MAN- HAS SENSES, INTELLECT, INSTICNT AND FREEWILL
 ANIMAL- HAS BOTH SENSES AND INSTINCT ONLY
COMPARISON BETWEEN INTELLECT AND FREEWIL
INTELLECT: HIGHEST GOAL WISDOM (THE CORRECT APPLICATION OF KNOWLEDGE)
GOAL TRUTH
FUNCTION THINKING
PURPOSE KNOWING
FREEWILL HIGHEST GOAL VIRTUE
GOAL GOOD
FUNCTION DOING
PURPOSE CHOOSING
Other Important Philosophical keywords for understanding:
 Being- it is a philosophical term for existence or it refers to the nature and essence of a
thing or a human person.
 Knowledge- in philosophy it is defined as the “justified true belief”.
 Wisdom- in philosophy it is defined as the correct application of knowledge.
Readings:
1. Maritime Ethics: Understanding Morality in the Tideline. Rucelio P. Vilar, Jobal
Publishing House: 2015. Pp. 1-2
2. Ethics: The Philosophical Discipline of Action. Eddie R. Babor, Rex Book Store: 2007. pp.
1-7
3. Ethics: Foundations of Moral Valuation: Oscar G. Bulaong Jr. and et.al., Rex Book Store:
2017. Pp. 1-2
3
ACTIVITY NO. 1
NAME:______________________________________SECTION:________________DATE:_____
INSTRUCTION: Choose your answer inside the box. Write your answer on the space provided.
Philosophy Wisdom Theodicy Freedom
Ethics Virtue Metaphysics Epistemology
Morality Cosmology Being Knowledge
Intellect Aesthetics Instinct Wisdom
Human Act Logic Thinking Man
1. ________________________it refers to a being where the unification of body and soul.
2. ________________________it refers to the exercise of choosing.
3. ________________________it is the exercise of utmost or highest ethical behavior.
4. ________________________it refers to the innate and fixed pattern of behavior.
5. ________________________it is the function of the intellect.
6. ________________________it is a philosophical term for any form of existence.
7. ________________________it is the study of beyond physical beings.
8. ________________________it is the science that investigate ultimate truth or reality.
9. ________________________it is the science that deals the study about knowledge.
10. ________________________it is the correct application of knowledge.
11. ________________________it refers to the study of the universe.
12. ________________________it comes from the Latin word “moris”, meaning customs.
13. ________________________it refers to the science of beauty.
14. ________________________it refers to the justified true belief.
15. ________________________a faculty of reasoning and understanding.
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Lesson 2: Anchorage of Ethics
Learning Objectives:
At the end of the discussion, the students will be able to:
1. Enumerate the principles of ethics,
2. Compare and contrast Christian ethical teachings from non-Christian ethical teachings,
and
3. Apply ethical teachings in real life situations.
3 POSTULATES OF ETHICS:
• EXISTENCE OF GOD- it refers to the Absolute Being
• EXISTENCE OF SOUL-it refers to the principle of life.
• EXISTENCE OF HUMAN FREEDOMOR FREEWILL- it refers to the exercise of choosing.
Ethics and Religion:
A. Christianity:
Jesus Christ’s Ethical Teachings:
1. PREFERENCE TO THE POOR AND OPPRESSED- material or worldly wealth is not desired
but instead good deeds are equivalent to heavenly treasure.
2. ETHICS OF LOVE- Love for those people who loves you and most especially love for your
enemy.
3. HONESTY- it refers to an upright and righteous statement.
4. IT TEACHES US FAITH IN THE FATHER- the Trinitarian belief of three persons but one
God. That the Father is the Creator of the universe and Jesus as his only begotten Son.
5. ETHICS OF PEACE AND RECONCILIATION- it dwelled to the fact that one person cannot
find peace if he is not at peace of himself. Peace must begin within one self.
6. IT DEMANDS SUFFERINGS AND SACRIFICES- this is evident as written in history that
Jesus died in the cross to save humanity in exchange of eternal life.
B. Hinduism
Ethical Teachings in Hinduism: Hinduismis the oldest polytheistic religion in the world. As a
matter of fact, the religion has more than 1 million gods and goddesses. The concept of
morality is actually found in the Vedas. Vedas are sacred scriptures and are known to the
oldest religious writings in existence. The Vedas have commentaries called the Upanishads. It is
where the concepts of morality are found.
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Hindus Concept of Morality and Man.
1. GOD OR THE UNIVERSAL ESSENCE IS CALLED (BRAHMAN)
2. MAN IS KNOWN AS (ATMAN). HE IS ON EARTH AND IN THE STATE OF SUFFERING
BECAUSE OF THE ATTACHMENT TO THE SENSES OR THE PLEASURE OF THE FLESH OR
CALLS IT (MAYA) OR ILLUSION
3. DETACHMENT FROM THE MAYA AND THE UNIFICATION OF ATMAN WITH BRAHMAN
ONE WILL ATTAIN SAMSARA (REINCARNATION).
4. ONCE THE ATMAN REACHES SAMSARA, THE ATMAN ACHIEVED SELF-PERFECTION AMD
CALLS IT IN THE STATE OF MOKSHA.
5. WHEN THE ATMAN REACHES MOKSHA IT IS BELIEVED THAT HE ATTAINED THE STATE OF
NIRVANA. (NIRVANA-EXTINCTION FROMALL FINITE CONDITIONS)
C. Confucianism
 CHINESE PHILISOPHY IS CALLED CHE SHUEH- CHE MEANS WISDOM WITH A PICTORAPH
OF MOUTH AND HAND. CHINESE PHILOSOPHY REFERS TO THE MARRIAGE OF WORDS
AND ACTION.
 MORALITY IS BASED ON HUMAN-HEARTEDNESS
CONFUCIOUS 5 INNATE LAWS:
1. REN- HUMAN HEARTEDNESS
2. YI- RIGHTEOUSNESS
3. ZHONG- CONSCIENTIOUSNESS
4. LI- PROPRIETY
5. XIAO- FILIAL PIETY
TAOISM’S PRINCIPLE OF YIN AND YANG
CHARACTERISTICS OF YIN: CHARACTERISTICS OF YANG:
 SMALL LARGE
 FEMININE MASCULINE
 COLD HOT
 SUBTLE BOLD
 TEXTURED PLAIN
 ROUGH SMOOTH
 QUITE LOUD
 OLD NEW
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 DIRTY CLEAN
 SLOW FAST
 CALM ACTIVE
 CURVEY STRAIGHT
Readings:
1. Maritime Ethics: Understanding Morality in the Tideline. Rucelio P. Vilar, Jobal Publishing
House: 2015. Pp. 9-16
2. Ethics: The Philosophical Discipline of Action. Eddie R. Babor, Rex Book Store: 2007. pp. 40-49
3. Ethics: Foundations of Moral Valuation: Oscar G. Bulaong Jr. and et.al., Rex Book Store: 2017.
Pp. 10-19
7
ACTIVITY NO. 2
NAME:_______________________________________SECTION:_____________DATE:_______
Read and analyze the ethical situations properly.
1. You are one of the crew of a tanker ship that sails between North America and Europe.
One day, you discovered that the chief engineer and the chief mate are in connivance of
selling illegally the reserve gasoline in your ship. Though it is only a spare gasoline and
not in use, the two high ranking officials took a large segment of it and sold it when you
reach to the next port of destination. Unknown to the ship captain, you receive a
portion of the profit of the sale even without participating the transaction because the
chief mate is your own father.
Question: Are you willingly inform the ship captain about what you had discovered?
Why or why not?
2. Utilizing the characteristics of yin and yang, how are you going to treat and deal a
female crew whose job description is exactly the same as yours?
3. Explain the saying: It takes a thousand of good deeds to build a good reputation but
takes only a single bad act to lose it.
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Lesson 3: Pillars of Ethics
Learning Objectives:
At the end of the discussion, the students will be able to:
1. Identify the pillars of ancient philosophy,
2. Compare and contrast ethical teaching of Socrates, Plato and Aristotle, and
3. Exhibit understanding of human nature.
A. Socrates
Socrates Ethical Foundation: he believed that a wise man is a virtuous man. Knowledge will lead
man to live a moral life. Socrates is famous of his saying which is “HE WHO KNOWS WHAT IS
RIGHT SHOULD ACT WHAT IS RIGHT”. He believed that human action is the extension or
expression of knowledge. According to him “KNOWLEDGE AND VIRTUE ARE ONE AND THE
SAME”. This is the principle of ARETE.
3 SCORATIC PRINCIPLES:
1. THE UNEXAMINED LIFE IS NOT WORTH LIVING.
2. CARE FOR YOUR SOUL.
3. GOOD PERSON CANNOT BE HARM BY OTHER PERSON.
B. PLATO-
Plato is the greatest and the brightest student of Socrates. He believed that “HAPPINESS LIES IN
REASON”. Plato defined man as the situs of two worlds. For Plato man is a metaphysical
dichotomy between body and soul. For him, “MAN IS A SOUL USING A BODY”.
1. IDEAL WORLD- (SOUL) THE SOUL HAS THREE PARTS NAMELY RATIONAL PART
LOCATED IN THE HEAD, SPIRITUAL PART LOCATED IN THE HEART OR CHEST AND
APPETATIVE PART LOCATED IN ABDOMEN.
2. PHENOMENAL WORLD-(BODY) IT IS MATERIAL, DESTRUCTIBLE, TANGIBLE AND
TEMPORARY.
PLATO’S 4 BASIC VIRTUES:
1. WISDOM-RATIONAL PART OF THE SOUL. IT CONTROLS OR RULES EVERYTHING.
2. COURAGE- SPIRITUAL PART OF THE SOUL. IT MEANS INTELLECTUAL COURAGE
3. TEMPERANCE-APPETATIVE PART OF THE SOUL. IT MEANS MODERATION OF
THINGS
4. JUSTICE- IT IS THE OBSERVATION OF DUTY AND RIGHTEOUSNESS. JUSTICE
COVERS THE WHOLE FILED OF HUMAN CONDUCT.
C. ARISTOTLE
Aristotle was the greatest student of Plato. Just like his master, he believed that man’s
happiness lies in reasons. However, it is not innate for man to be moral but nature demanded
man to be moral.
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 VIRTUE IS REASON. IT IS THE EXCELLENCE OF A THING TO PERFORM EFFECTIVELY ITS
PROPER FUNCTION. VIRTUE LIES IN THE MEAN. It is in BETWEEN TWO VICES either in
defect or in excess.
CONCEPT OF MEAN
 STANDPOINT OF CONDUCT-
1. BETWEEN FEAR AND CONFIDENCE, COURAGE IS THE MEAN
2. BETWEEN PLEASURE AND PAIN, TEMPEERANCE IS THE MEAN
3. BETWEEN GIVING AND TAKING, LIBERALITY IS THE MEAN
4. BETWEEN HONOR AND DISHONOR, PROPER PRIDE IS THE MEAN
5. CONCERNING ANGER, GOOD TEMPER IS THE MEAN
 STANDPOINT OF INTERCOURSE BETWEEN WORDS AND ACTIONS
1. TRUTH- BOASTNESS IS THE EXCESS AND MODESTY IS THE DEFICIENCY,
TRUTHFULNESS IS THE MEAN
2. PLEASANTNESS IN GIVING AMUSEMENTS- BUFFOONERY IS THE EXCESS AND
BOORISHNESS IS THE DEFICIENCY, READY-WILLEDNESS IS THE MEAN
3. FRIENDSHIP- OBSEQUIOUS IS THE EXCESS AND QUARESOME IS THE DEFICIENCY,
FRIENDLINESS IS THE MEAN
 STANDPOINT OF PASSION.
1. BETWEEN ENVY AND SPITE, THE MEAN IS THE RIGHTEOUS INDIGNATION
Readings:
1. Maritime Ethics: Understanding Morality in the Tideline. Rucelio P. Vilar, Jobal Publishing
House: 2015. Pp. 10-12
2. Ethics: The Philosophical Discipline of Action. Eddie R. Babor, Rex Book Store: 2007. Pp. 25-30
3. Ethics: Foundations of Moral Valuation: Oscar G. Bulaong Jr. and et.al., Rex Book Store: 2017.
Pp. 83-89
10
ACTIVITY NO. 3
NAME:_____________________________________SECTION:_______________DATE:_______
Analyze the ethical situations and respond properly.
1. You are a seafarer and legally married here in the Philippines. Although you have been
married for quite some time, still your wife cannot bear a child. As the ship ducked for a
week, you decided to stroll in the metropolis of Singapore which led you bumped your
ex-girlfriend who is successfully working as a nurse in one of the big hospital in the
country and much more is still single. Excited to the event, she invited you to eat dinner
with her at her rented apartment.
Question: Will you accept the invitation? If yes why and if no why not?
2. How the two worlds of Plato do helped you understand that people are prone to
commit mistakes even there is a prior knowledge over it? Are discern mistakes
justifiable? Why or why not?
a. Teenage Pregnancy-
b. Drug Addiction-
3. Explain the saying: “A mistake should be your teacher, not yourattacker. A mistake is
a lesson not a loss. It is temporary, a necessary detour but not a dead end”.
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Lesson 4: The Sea of Conscience
Learning Objectives:
At the end of the discussion, the students will be able to:
1. Define conscience,
2. Enumerate and identify the 8 types of conscience, and
3. Evaluate themselves as to what type of conscience they possess.
What is conscience? Many people believes that conscience is the gauge of morality. It acts as a
barometer or a measurement either as mandated by the authority, norms in the society,
natural law or religious laws that determines how things should be or should not be.
Conscience comes from a Greek word “cum alia scientia” which literally means “man’s correct
application of knowledge”.
KINDS OF CONSCIENCE
1. ANTECEDENT CONSCIENCE- The judgment of a person deciding on a moral matter prior
to acting on it. Antecedent conscience either commands or forbids, counsels or permits
the performance of an act.
Example:
It is the night before the final exam, if your mind is telling you that cheating is wrong,
and you have the feeling of not doing it, your conscience forbids you to commit a bad
act.
2. CONSEQUENT CONSCIENCE- The judgment of the mind on the morality of an action
already performed. The conscience either approves what has been done, giving peace to
the mind and spiritual joy, or disapproves of what was done, thus causing remorse and a
sense of guilt.
Example:
In dire need of money, you decide to go to your friend’s boarding house hoping that he
can lend you some penny. As you approach the door of his house, you discovered that
there was 1,000.00Php fell on the ground. You picked it up and decided to go home
immediately. Delighted by the event, you thought of going to Mang Inasal to have a
bountiful dinner. As you sleep in the night, you were unhappy and the thought that you
spent a money which is not yours cannot be erase in your mind.
3. TRUE CONSCIENCE- is a type of conscience that judges things as they are. It judges
action as good as really good and bad as really bad.
Example:
A student of NGEC 8 under Mrs. Ocon was given a grade of 1.2 for the prelim period.
That student was you. However, you know for a fact that you were not able to take the
3 minor quizzes and failed during the prelim examination. Your best friend whose
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surname listed is right after you got a failing remark despite of topping the quizzes and
passed the major exam. As the result, you approached your teacher and verified things
despite of the fact that you may have a failing grade in reality.
4. ERRONEOUS CONSCIENCE- it judges things in a distorted manner and consider bad acts
as good one and good acts as bad one. This is also an ignorant conscience.
Example:
A PMI student caught in a buy-bust operation related to selling of illegal narcotics.
During the interrogation, the student told the police that he was forced to do so
because of extreme poverty and it aided his maritime education.
5. CERTAIN CONSCIENCE- is a subjective certainty of the legality of particular actions to be
performed or to be avoided. According to many moralists, this type of conscience is
highly regarded that man should develop one. A state of mind when it has no prudent
fear of being wrong about its judgment on some moral issue and firmly decides that
some action is right or wrong.
Example:
When a mother discovered that she is having an ectopic pregnancy, she decided to
remove the fetus as early as possible to save her life from possible complications. She
had the abortion because she has to live for her 2 children that are still dependent to
her.
6. DOUBTFUL CONSCIENCE- A state of mind when it cannot certainly decide for or against
a course of action and leaves the person unsure about the morality of what one is to do,
or what one may have done.
Example:
An example would be if you had to decide to steal food or money to feed your starving
child.
7. SCRUPULOUS CONSCIENCE- is one which sees wrong where there is one. It is a type of
conscience where it is afraid to commit evil.
Example:
Scrupulous people means very careful to do things properly and correctly, such as
paying friends back for money borrowed right away.
8. LAX CONSCIENCE- a type of conscience where it fails to see wrong where obviously
there is wrong.
Example:
Having extra marital affair is an example of lax conscience. A two-timer boyfriend or
girlfriend is definitely wrong.
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Learning Objectives for Lesson 4-B
At the end of the discussion, the students will be able to:
1. Define values,
2. Identify valuable needs from non-valuable wants, and
3. Apply valuable needs in the real life situations.
What is values? It refers to any object or being to satisfy human needs. It refers to any amount
of commodity obtained in exchange of another. Values are the object of human desires and
striving at the same time. Values are also subjective beliefs which people hold to be true. In
other words values refers to people, things, ideas or even goals which holds importance to
one’s life.
 Max Scheller defined values as valuable essences or properties.
PROPERTIES OF VALUES:
1. VALUES ARE SUBJECTIVE- the importance of a being is dependent to the subject.
2. VALUES ARE OBJECTIVE- all beings have worth or value apart from the subject.
3. VALUES ARE RELATIVE- there are things or certain actions that might be good for you
but harmful to others and vice versa.
4. VALUES ARE BI-POLAR- it refers to the rightness and wrongness of an act or the
goodness and badness of a thing.
5. VALUES ARE HIERARCHICAL- these are orders of importance.
Abraham Maslow Hierarchy of Needs
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MASLOW’S HIERARCHY OF NEEDS- has often been represented in a hierarchical pyramid with
five levels. The four levels (lower-order needs) are considered physiological needs, while the
top level of the pyramid is considered growth needs. The lower level needs must be satisfied
before higher-order needs can influence behavior.
1. Self-actualization – includes morality, creativity, problem solving, etc.
2. Esteem – includes confidence, self-esteem, achievement, respect, etc.
3. Belongingness – includes love, friendship, intimacy, family, etc.
4. Safety – includes security of environment, employment, resources, health, property, etc.
5. Physiological – includes air, food, water, sex, sleep, other factors towards homeostasis
Readings:
1. Maritime Ethics: Understanding Morality in the Tideline. Rucelio P. Vilar, Jobal Publishing
House: 2015. Pp. 23-28
2. Ethics: The Philosophical Discipline of Action. Eddie R. Babor, Rex Book Store: 2007. Pp. 118-
1134
3. Ethics: Foundations of Moral Valuation: Oscar G. Bulaong Jr. and et.al., Rex Book Store: 2017.
Pp. 87-88
4. https://www.learning-theories.com/maslows-hierarchy-of-needs.html (November 13, 2018)
15
ACTIVITY NO. 4
NAME:_____________________________________SECTION:_______________DATE:_______
1. What is conscience?
2. Among the listed type of conscience, what kind of conscience do you have? Why?
3. At the present, what are your values that will help you to become a seafarer in the
future?
4. (Ethical case) In 1884 the Mignonette, a ship sailing from England to Australia, leaves no
sign of doubt. Death did not come naturally to the victim. About two months into the
trip, the Mignonette sank and four crew members (including a 17-year-old named
Richard Parker who managed to grab a couple tins of turnips) were able to get into a 13-
foot (4-meter) lifeboat. Nineteen days later, things weren't looking so hot, and Thomas
Dudley, the captain, suggested that Parker -- with no wife or family and much sicker
than the others -- could be quickly dispatched for the survival of the rest. It was agreed.
Dudley stabbed Parker in the neck with a penknife, and they ate his flesh and drank his
blood. They were found the 24th day, and eventually Dudley and one other crewman
were charged with murder and cannibalism. They were found guilty, but public
sentiment in England led to their hasty pardon. Question: Are you willing to kill another
person, eat his flesh and drink his blood in order to live in case of peril in the sea?
Why?
16
Lesson 5: Human Acts VS. Acts of Man
Learning Objectives:
At the end of the discussion, the students will be able to
1. Differentiate acts of man from human acts,
2. Judge responsibilities after the performance of human acts, and
3. Appraise modifiers of human acts which alter responsibilities.
What is act of man?
Many are confuse whether or not acts of man is the same with human act but philosophy
emphasized that the two are not the same. Acts of man refers to actions that pertains to
human but these actions are also shared by animals. Such actions do not involve knowledge, no
condition to exercise the right of choosing and much more no requirement for submission to
one’s own volition. These acts of man refer to human nature.
What is human act?
Human acts are actions that pertain to human alone. It is a series of complicated actions that
involves the three essential elements of human act. Furthermore, human act entails
responsibilities after the act has been performed. It places the agent of the act to become liable
to the outcome of his action whether it is good or bad one.
THREE ELEMENTS OF HUMAN ACT:
1. KNOWLEDGE
2. FREEDOM
3. VOLUNTARINESS
HUMAN ACT IN RELATION TO REASON
1. GOOD ACTS- it refers to the absence of evil.
2. EVIL ACTS- it refers to the absence of good.
3. INDIFFERENT ACT- it is neither good nor evil.
INDIRECT VOLUNTARINESS OF HUMAN ACT- REFERS TO AN ACT WHICH IS DESIRED NOT AS AN
END IN ITSELF BUT A FORESEEN EFFECTS OR CONSEQUENCES OF AN ACT. THE PERSON IS
MORALLY RESPONSIBLE FOR THE EVIL EFFECT WHICH IS NOT DIRECTLY WILLED ACCORDING TO
THE FOLLOWING CIRCUMSTANCES:
1. IF THE AGENT FORESEE THE EVIL EFFECT
2. IF THE AGENT IS FREE TO REFAIN FROM DOING THAT WHICH IS THE CAUSE OF THE
EVIL EFFECT
3. IF THE AGENT KNOWS THAT HE IS MORALLY BOUND NOT TO DO THAT WHICH IS THE
CAUSE OF THE EVIL EFFECT
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HUMAN ACT FROM WHICH TWO EFFECTS MAY RESULT, ONE IS GOOD AND THE OTHER IS EVIL,
IS MORALLY PERMISSIBLE UNDER THE FOLLOWING CIRCUMSTANCE:
1. THE ACTION MUST BE MORALLY GOOD IN ITSELF.
2. THE GOOD EFFECT OF THE ACT MUST PRECEDE THE EVIL EFFECT. THE EVIL EFFECT IS
MORALLY ALLOWED TO HAPPEN AS A REGRETTABLE CONSEQUENCE.
3. THERE MUST BE A GRAVE OR SUFFICIENT REASON IN DOING THE ACT.
4. THE EVIL EFFECT SHOULD NOT OUTWEIGHT THE GOOD EFFECT OR ATLEAST THE
GOOD EFFECT SHOULD BE EQUIVALENT TO IMPORTANCE TO THE EVIL EFFECT.
MODIFIERS OF HUMAN ACT:
1. IGNORANCE- is the lack or absence of knowledge where one has the obligation to know.
Innocence is a mental state where there is also lack or absence of knowledge however the
person has no obligation to know.
2. CONCUPISCENCE – these are crimes of passion. When one person is driven to perform act
with high or intense emotion that makes him unable to rationalize the situation. Example is
absolutory cause.
3. FEAR- an unpleasant emotion caused by the belief that someone or something is dangerous,
likely to cause pain, or a threat. Actions done with and from fear are voluntary acts.
4. VIOLENCE- it refers to the use of physical power or external force on a person by another.
5. HABIT – a constant and easy way of doing things acquired by the repetition of the same act.
Readings:
1. Ethics: The Philosophical Discipline of Action. Eddie R. Babor, Rex Book Store: 2007. Pp. 118-
1134
2. Ethics: Foundations of Moral Valuation: Oscar G. Bulaong Jr. and et.al., Rex Book Store: 2017.
Pp. 87-88
18
ACTIVITY NO. 5
NAME:_____________________________________SECTION:_______________DATE:_______
1. Provide 5 samples of acts of man.
2. Provide samples of human act.
3. Ethical Case. As the ship approach to the Caribbean waters, pirates of the Caribbean
seas hijacked the ship and held 31 crew member including the captain. Demanding
ransom equivalent to the value of their cargo, the captain was able to manage to secure
a high-powered gun and shoot few pirates inside the ship. The 15 crew members were
being released and secured gun and shoot all the pirates including those pirates that
surrounds the ship. The seafarers were all alive and unharmed during the incident.
Question: In the shooting incident between the pirates and the seafarers, will the
captain and the 15 crew members held responsible for the death of the pirates? Is
there any criminal liability? Why orwhy not?
19
Lesson 6: DETERMINANTS OF MORALITY
Learning Objectives:
At the end of the discussion, the students will be able to:
1. Enumerate the determinants of morality,
2. Translate the determinants of morality with the different circumstance of morality, and
3. Examine the degree of liability in relation to the performance of the act.
Conventional moral philosophers propose that for an act to be morally valid it must conform
equitably to the Determinants of Morality performed by a free agent. These are the following:
1. OBJECT OF MORALITY- also known as the object of the will that which the will
chooses to do and thus nothing else but the act itself which is deliberately willed.
This refers to the means used or employed in performance of a certain act.
2. END OF MORALITY- it refers to the result of the act whether it is intrinsically good,
evil or a mere indifferent act.
3. CIRCUMSTANCES-these refers to the conditions in the performance of the act.
7 KINDS OF CIRCUMSTANCES:
A. WHO- these refers to the circumstance of the agent. It refers to the person or the one
to whom the act is ascribed.
B. WHAT- it refers to the quality or quantity of the object of the act.
C. WHERE- it refers to the place where the act was performed.
D. BY WHAT MEANS- it refers to the means employed by the agent.
E. HOW- it refers to the manner or mode by which the act is done
F. WHEN- this refers to the circumstance of time. This one points out when was the act
performed and in what manner does the element of time affects the performance of the act.
G. WHY- it refers to the very reason of the commission of the act. It refers to the motive
that prompt the agent to perform the act.
Revised Penal Code of the Philippines
Justifying Circumstances and Other Circumstances which EXEMPT from Criminal Liability
Art. 11. Justifying circumstances. — The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.
20
2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants,
or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same
degrees and those consanguinity within the fourth civil degree,
3. Anyone who acts in defense of the person or rights of a stranger.
4. Any person who, in order to avoid an evil or injury, does not act which causes damage to
another, provided that the following requisites are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.
Art. 12. Circumstances which exempt from criminal liability.
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with discernment,
4. Any person who, while performing a lawful act with due care, causes an injury by mere
accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful
insuperable cause.
Art. 13. Mitigating circumstances. — The following are mitigating circumstances;
1. That the offender is under eighteen year of age or over seventy years.
2. That the offender had no intention to commit so grave a wrong as that committed.
3. That sufficient provocation or threat on the part of the offended party immediately preceded
the act.
4. That the act was committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same
degrees.
5. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.
6. That the offender had voluntarily surrendered himself to a person in authority or his agents,
or that he had voluntarily confessed his guilt before the court.
7. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which
thus restricts his means of action, defense, or communications with his fellow beings.
Art. 14. Aggravating circumstances. — The following are aggravating circumstances:
1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due the offended party
on account of his rank, age, or sex, or committed in the dwelling of the offended party.
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4. That the act be committed with abuse of confidence or obvious ungratefulness.
5. That the crime be committed in the palace of the Chief Executive or in his presence, or
where public authorities are engaged in the discharge of their duties or places of religious
worship.
6. That the crime be committed in the night time, or in an uninhabited place, or by a band.
Whenever more than three armed malefactors shall have acted together in the commission of
an offense, it shall be deemed to have been committed by a band.
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or afford
impunity.
9. That the accused is a recidivist.
10. That the offender has been previously punished by an offense to which the law attaches an
equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
11. That the crime be committed in consideration of a price, reward, or promise.
12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a
vessel or international damage thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin.
13. That the act be committed with evidence premeditation.
14. That the craft, fraud or disguise be employed.
15. That advantage be taken of superior strength.
16. That the act be committed with treachery (alevosia).
17. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.
18. That the crime be committed after an unlawful entry. There is an unlawful entry when an
entrance of a crime a wall, roof, floor, door, or window be broken.
19. That the crime be committed with the aid of persons under fifteen years of age or by means
of motor vehicles, motorized watercraft, airships, or other similar means
21. That the wrong done in the commission of the crime be deliberately augmented by causing
other wrong not necessary for its commissions.
Readings:
1. http://www.chanrobles.com/revisedpenalcodeofthephilippinesbook1.htm#.W-
t6UoczbIU. November 14, 2018
2. Maritime Ethics: Understanding Morality in the Tideline. Rucelio P. Vilar, Jobal Publishing
House: 2015. Pp. 41-50
3. Ethics: The Philosophical Discipline of Action. Eddie R. Babor, Rex Book Store: 2007. Pp.
180-189
22
ACTIVITY NO. 6
NAME:_____________________________________SECTION:_______________DATE:_______
1. ((Ethical Case) 3rd District Jose Aguinaldo asked a simple favor to the office of the District
Engineer in his jurisdiction to spare him 10% share of the road project that was
approved and awarded by him in his district. Afraid of what possible things may happen
in case if he will said no to the representative, the two agreed secretly and the engineer
altered the figures of the project to grant the simple favor asked by Rep. Jose Aguinaldo.
What are the different conditions of morality portrayed in this situation?
2. Provide example of the following:
a. Intrinsically good act.
b. Evil Act-
c. Indifferent Act-
3. (Ethical Case) In case of shipwrecked, will cannibalismbe equivalent to murder when its
true object of morality is to let other people survive and sacrifice only one life? Why?
4. (Ethical Case) The court gave different judgments when A stole 500 pesos from a farmer
and penalized A with higher penalty while B who also stole 500 pesos from a rich man
but provided B with lighter penalty. What do you think is the reason? Explain.
23
Lesson 7: Special Kinds of Ethical Theories
Learning Objective Lesson 7-A:
At the end of the discussion, the students will be able to:
1. Define Utilitarianism,
2. Define Epicureanism,
3. Use hedonic calculi in real life situation, and
4. Value the significance of pleasure and pain under Epicurean discipline.
UTILITARIANISM- BELIEVED THAT HUMAN HAPPINESS IS THE MEASUREMENT OF HUMAN
GOODNESS. MAN SHOULD ACT IN ORDER TO PRODUCE THE GREATEST HAPPINESS TO THE
GREATEST NUMBER OF PEOPLE.
TEACHINGS OF JEREMY BENTHAM
NATURE DEMANDS MAN TO BE MORAL. HE BELIEVED THAT THE GREATEST GOOD LIES IN
MAN’S PURSUIT TO HAPPINESS WHILE EVIL LIES IN THE AVOIDANCE OF PAIN.
BENTHAM’S 2 SOVEREIGN MASTERS:
1. PLEASURE
2. PAIN
BENTHAMS 2 KINDS OF UTILITARIANISM:
1. PSYCHOLOGICAL HEDONISM- IT IS IN HIS CONTENTION THAT MAN IS CAPABLE ONLY
THOSE THAT WILL GIVE HIM HAPPINESS AND AVOID THOSE ACTIONS THAT WILL GIVE HIM
PAIN. HEALTHY INCLINATION OF HAPPINESS.
2. EGOISTIC UTILITARIANISM- IT IS BELIEVED THAT MAN IS OBLIGATED TO SEEK HIS
OWN HAPPINESSEVEN IT MEANS IT IS THE DEPRIVATION OF OTHERS. THE ONLY WAY TO KEEP-
UP MORALITY IS TO EXPERIENCE PAINFUL INVOLVEMENT.
MAN’S PHYSICAL SANCTIONS TO CONTROL AND GUIDE HEALTHY PLEASURE.
1. PHYSICAL
2. POLITICAL
3. POPULAR
4. RELIGIOUS
THE QUALITY OF PLEASURE CAN BE MEASURED IN HEDONIC CALCULUS
1. INTENSITY- when a person is caught between two pleasures. For Bentham one should
choose the pleasure with higher degree.
2. DURATION- choose pleasure that will provide longer effect.
3. CERTAINTY-actions that would lead to pure pleasure
4. PROPINQUITY- it should be a timely pleasure.
5. FECUNDITY-it should be a pleasure-producing entity.
6. PURITY- only those pure pleasure without any stain of pain.
7. EXTENTS- an act that would provide pleasure to himself and to other people as well.
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EPICUREANISM - is a systemof philosophy based on the teachings of Epicurus, founded around
307 B.C. It teaches that the greatest good is to seek modest pleasures in order to attain a state
of tranquility, freedom from fear "ataraxia" and absence from bodily pain "aponia".
Epicurus- was an ancient Greek philosopher who founded a highly influential school of
philosophy now called Epicureanism. He was born on the Greek island of Samos to Athenian
parents.
Epicurean Concept of Happiness
Epicurus believed that happiness is an end-in-itself and the highest good of human living.
However, he identifies happiness with the pursuit of pleasure and the avoidance of pain rather
than with the pure exerciseof reason. Pleasure is the highestgood, and anything elsethat is good
is so only by virtue of the immediate or deferred pleasure that it can procure. Just as human
beings can immediately feel that something is hot or cold, colorful or dull, so they can
immediately feel that something is pleasurable or painful. However, not everything that is
pleasurable should be pursued, and not everything that is painful should be avoided. Instead, a
kind of hedonistic calculus should be applied to determine which things are likely to result in the
greatest pleasure over time.
2 Types of Pleasures:
1. Moving Pleasure- involve the satisfying of a desire, for example, eating a meal when
hungry.
2. Static Pleasure- involve the state of having had a desire satisfied, for example, feeling
sated after eating a meal. It will free man from pain of need or want.
3 Types of Desires:
1. Natural and Necessary desires- are those food and shelter which are difficult to
eliminate but naturally limited and both easy and highly pleasurable to satisfy
2. Natural but Non-necessary desires- are those luxury food and accommodation,
3. Vain desires- are those fame, power, or wealth which are inculcated by society and
which are not naturally limited and neither easy nor highly pleasurable to satisfy.
Learning Objective Lesson 7-B
At the end of the discussion, the students will be able to:
1. Define Stoicism,
2. Define Egalitarianism,
3. Weigh in practicality of stoicism’s attitude, and
4. Value the significance of an egalitarian community.
STOICISM- the stoics were those who studied under the Zeno from Stoa. They were labeled as
the “indifferent ones”. These school of thought teaches resignation and determinism. Stoicism
believed that human nature is part of a determined universe. It is man’s submission to nature
that makes man seeks for virtue. In line with this, emotions are movements that are mere
against to nature. Emotions are impediments to man’s striving. For them, a virtuous man is
always in seek of peace of mind. There is only peace of mind when there is contentment.
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Stoic Ways to react course of Nature:
1. In case you lost something……… For the Stoic one should believe that “you give it back”.
2. In case you have a broken relationship…..For the Stoic one should think “you deserve
someone better than him/her”
3. In case someone in the family dies….For the Stoic one should think that “he return back
to God”.
Egalitarianism- relating to or believing in the principle that all people are equal and deserve
equal rights and opportunities. An egalitarian favors equality of some sort: People should get
the same, or be treated the same, or be treated as equals, in some respect. An alternative view
expands on this last-mentioned option: People should be treated as equals, should treat one
another as equals, should relate as equals, or enjoy an equality of social status of some sort.
Learning Objective Lesson 7-C:
At the end of the discussion, the students will be able to:
1. Identify the characters of the case,
2. Apply and resolve ethical dilemmas based from the case using the previous ethical
theories mentioned in this lesson, and
3. Develop one’s standard of morality.
Case Analysis: The Queen v. Dudley and Stephens. 14 Queens Bench Division 273 (1884)
Criminal Law–Murder–Killing and eating Flesh of Human Body under Pressure of Hunger–
”Necessity”–Special Verdict–Certiorari–Offence on High Seas–Jurisdiction of High Court
A man who, in order to escape death from hunger, kills another for the purpose of eating
his flesh, is guilty of murder; although at the time of the act he is in such circumstances that he
believes and has reasonable ground for believing that it affords the only chance of preserving his
life.
At the trial of an indictment for murder it appeared, upon a special verdict, that the
prisoners D. and S., seamen, and the deceased, a boy between seventeen and eighteen, were
cast away in a storm on the high seas, and compelled to put into an open boat; that the boat was
drifting on the ocean, and was probably more than 1000 miles from land; that on the eighteenth
day, when they had been seven days without food and five without water, D. proposed to S. that
lots should be castwho should be put to death to savethe rest, and that they afterwards thought
it would be better to kill the boy that their lives should be saved; that on the twentieth day D.,
with the assent of S., killed the boy, and both D. and S. fed on his flesh for four days; that at the
time of the act there was no sail in sight nor any reasonable prospect of relief; that under these
circumstances there appeared to the prisoners every probability that unless they then or very
soon fed upon the boy, or one of themselves, they would die of starvation:
26
Held, that upon these facts, there was no proof of any such necessity as could justify the
prisoners in killing the boy, and that they were guilty of murder.
INDICTMENT for the murder of Richard Parker on the high seas within the jurisdiction of the
Admiralty:
At the trial before Huddleston, B., at the Devon and Cornwall Winter Assizes, November
7, 1884, the jury, at the suggestion of the learned judge, found the facts of the case in a special
verdict which stated “that on July 5, 1884, the prisoners, Thomas Dudley and Edward Stephens,
with one Brooks, all able-bodied English seamen, and the deceased also an English boy, between
seventeen and eighteen years of age, the crew of an English yacht, a registered English vessel,
were cast away in a storm on the high seas 1600 miles from the Cape of Good Hope, and were
compelled to put into an open boat belonging to the said yacht. That in this boat they had no
supply of water and no supply of food, except two 1 lb. tins of turnips, and for three days they
had nothing else to subsist upon. That on the fourth day they caught a small [p. 274] turtle, upon
which they subsisted for a few days, and this was the only food they had up to the twentieth day
when the act now in question was committed. That on the twelfth day the turtle were entirely
consumed, and for the next eight days they had nothing to eat. That they had no fresh water,
except such rain as they from time to time caught in their oilskincapes. That the boat was drifting
on the ocean, and was probably more than 1000 miles away from land. That on the eighteenth
day, when they had been seven days without food and five without water, the prisoners spoke
to Brooks as to what should be done if no succor came, and suggested that someone should be
sacrificed to save the rest, but Brooks dissented, and the boy, to whom they were understood to
refer, was not consulted. That on the 24th of July, the day before the act now in question, the
prisoner Dudley proposed to Stephens and Brooks that lots should be cast who should be put to
death to save the rest, but Brooks refused consent, and it was not put to the boy, and in point of
fact there was no drawing of lots. That on that day the prisoners spoke of their having families,
and suggested it would be better to kill the boy that their lives should be saved, and Dudley
proposed that if there was no vessel in sight by the morrow morning the boy should be killed.
That next day, the 25th of July, no vessel appearing, Dudley told Brooks that he had better go
and have a sleep, and made signs to Stephens and Brooks that the boy had better be killed. The
prisoner Stephens agreed to the act, but Brooks dissented from it. That the boy was then lying
at the bottom of the boat quite helpless, and extremely weakened by famine and by drinking sea
water, and unable to make any resistance,nor did he ever assentto his being killed. The prisoner
Dudley offered a prayer asking forgiveness for them all if either of them should be tempted to
commit a rash act, and that their souls might be saved. That Dudley, with the assent of Stephens,
went to the boy, and telling him that his time was come, put a knife into his throat and killed him
then and there; that the three men fed upon the body and blood of the boy for four days; that
on the fourth day after the act had been committed the boat was picked up by a passing vessel,
and the prisoners were rescued, still alive, but in the lowest state of prostration. That they were
carried to the [p. 275] port of Falmouth, and committed for trial at Exeter. That if the men had
not fed upon the body of the boy they would probably not have survived to be so picked up and
rescued, but would within the four days have died of famine. That the boy, being in a much
weaker condition, was likely to have died before them. That at the time of the act in question
27
there was no sail in sight, nor any reasonable prospect of relief. That under these circumstances
there appeared to the prisoners every probability that unless they then fed or very soon fed upon
the boy or one of themselves they would die of starvation. That there was no appreciable chance
of saving life except by killing someone for the others to eat. That assuming any necessity to kill
anybody, there was no greater necessity for killing the boy than any of the other three men. But
whether upon the whole matter by the jurors found the killing of Richard Parker by Dudley and
Stephens be felony and murder the jurors are ignorant, and pray the advice of the Court
thereupon, and if upon the whole matter the Court shall be of opinion that the killing of Richard
Parker be felony and murder, then the jurors say that Dudley and Stephens were each guilty of
felony and murder as alleged in the indictment.”
Readings:
1. https://www.psychologytoday.com/us/blog/hide-and-seek/201310/the-philosophy-epicurus.November
14, 2018 Article: The Epicurean Concept of Happiness.
2. http://justiceharvard.org/lecture-2-the-case-for-cannibalism/#1477504398584-5d76ef29-aab0 Article:
The Queen V. Dudley and Stephens. November 14,2018
3. https://plato.stanford.edu/entries/egalitarianism/ Article: Egalitarianism.Stanford Philosophy of
Encyclopedia.November 14, 2018
4. MaritimeEthics: UnderstandingMorality in the Tideline.Rucelio P. Vilar,Jobal PublishingHouse:2015.
Pp.53-64
5. The Human Person: Not Real but Existing: Eddie R. Babor,Rex Book Store: 2007.Pp. 120-1209
28
ACTIVITY NO. 7
NAME:_____________________________________SECTION:_______________DATE:_______
1. Explain the Epicurean saying: Do not spoil what you have by desiring what you have
not; remember that what you now have was once among the things you only hoped
for.
2. Provide a Stoic reaction to the following situations:
a. You realize that you did not pass the board examination which you have taken for 5
times already.
b. Accidentally you discovered that you are only an adopted child.
c. Your parents asked you to stop studying because maritime education is expensive
and they could no longer support your needs.
3. Provide a situation that there is egalitarianisminside the ship.
29
Lesson 8: Rights and Duties
Learning Objective:
At the end of the discussion, the students will be able to:
1. Define right,
2. Define Duty,
3. Define justice and
4. Use and execute one’s right and duty in order deliver justice to the community.
RIGHTS- LITERALLY IT MEANS STRAIGHT OR NOT DISTORTED. OBJECTIVELY, RIGHT MEANS
WHAT IS OUGHT TO BE DONE, EQUITTABLE, REASONABLE OR SOMETHING WHICH IS DUE TO
OTHERS.
4 ELEMENTS OF RIGHTS:
1. SUBJECT- REFERS TO THE PERSON VESTED WITH THE POWER TO DO, TO HOLD OR TO
EXACT SOMETHING AS HIS OWN
2. OBJECT- REFERS TO WHICH A PERSON HAS THE POWER OVER IT
3 KINDS OF OBJECTS OF RIGHTS:
A. RIGHT TO COMMIT OR OMIT SOMETHING
B. RIGHT TO KEEP, USE OR HOLD SOMETHING
C. RIGHT TO DEMAND SOMETHING FROM OTHERS
3. TITLE-REFERS TO THE BASES OF RIGHT DEMANDED BY THE PERSON WHO HAS THE
CAPACITY TO EXERCISE SUCH RIGHT
4. TERM-IT REFERS TO TIME OR DURATION TO EXERCISE THE RIGHT.
DUTY
MEANING OF DUTY- a moral or legal obligation; a responsibility or a task or action that
someone is required to perform.
4 Principles on matters involving exemptions from Duty:
1. Common necessity never exempts one from duty;
2. No necessity exempts one from a negative natural duty;
3. Extreme necessity exempts one from affirmative natural duty provided there is no
involved violation of negative natural law; and
4. Extreme necessity exempts one from the injunction of positive law as long as there is
no violation of negative natural law involved.
Justice and Morality-Is defined as the habit that enables one to give each and every human
person his due or his own right. It comes from the Latin word ‘jus” which means right.
Kinds of Justice:
1. General Justice- a person does what is right in relation to common good.
a. Equity-based from the civil law
30
b. Common legal justice-does what is good for the common good.
2. Particular Justice-a person does what is right in relation to other person who is accountable
with the inherent right
a. Commutative justice- which one deals with equality or fairness of exchange
b. Distributive justice-which a person wills to apportion of share the goods which belong
to a community
Readings:
1. http://www.yourarticlelibrary.com/essay/law-essay/relation-between-rights-and-duties/40374 Article:
Relation between Rights and Duties. November 14, 2018
2. Ethics:The Philosophical Disciplineof Action. Eddie R. Babor, Rex Book Store: 2007.Pp. 199-205
31
ACTIVITY NO. 8
NAME:_____________________________________SECTION:_______________DATE:_______
Part I: Definition of terms:
1. What is Right?
2. What is Duty?
3. What is Justice?
Part II. Essay
1. In case of jettisoned cargoes, how justice will be serve to those cargoes that were being
sacrificed?
2. Give at least 3 duties you can perform as a maritime student in connection to marine
protection and marine preservation.
32
Lesson 9: Code of Ethics for Filipino Marine Deck Officers and
Filipino Marine Engineers
Learning Objectives:
At the end of the discussion, the students will be able to:
1. Identify their duties as a seafarer in the near future,
2. Demonstrate utmost ethical behavior in their respective duties,
3. Appraise limitations of their powers and duties, and
4. Value professionalism.
(For the marine profession to progress and remain as an orderly and dignified profession, and to further maintain
its fruitful standard of practice for the interest of the nation and the general public, these rules of professional
conduct are hereby formulated and adopted as guidance for all its practitioners)
Article I: GENERAL DEFINITION
Section 1. A marine officer shall mean any person who holds a certificate as a deck officer
and/or as a marine engineer of any grade.
Section 2. A marine officer shall be covered by this Code even if he is under suspension, but his
status as a marine officer shall cease if his license has been revoked for any cause.
Section 3. A marine officer is said to have performed an act unethical to the profession if such
action or actions are contrary to the established conduct here forth mentioned.
Article II: DUTY TO THE PROFESSION
Section 1. A marine officer shall strive to elevate, maintain and contribute to the honor and
dignity of the profession.
Section 2. He shall conduct himself with the traditional decorum of an officer and a gentleman,
restraining himself from all acts contrary to the established rules of morality.
Section 3. He shall continually improve his professional competency by keeping up to date with
the latest technological and scientific knowledge being applied in the marine fields.
Section 4. It shall be his obligation to keep himself in readiness for the next higher license by
constant reading, diligent studies and keen observation of the shipboard activities.
Section 5. He shall make financial gain secondary only to the service that the entire profession
can render to the economic growth of the country.
Section 6. A marine officer shall not hesitate to consult his fellow marine officers in matters that
will affect the honor and integrity of the marine profession.
Section 7. He shall expose, without fear or favor, to the proper authorities of the profession,
corrupt or dishonest conduct of members of the profession whose existing practices can
degrade the reputation of other practitioners.
Section 8. Every marine officer should aid in safeguarding the profession against the admission
to its rank persons who are unfit or unqualified in moral character or professional training.
33
Article III: DUTY OF THE STAFF
Section 1. A marine officer,in his capacity as a person of high technical potentialitiesand delegated
with leadership for the discipline of his men shall recognize and respect the 4 supreme authority of
the state.
Section 2. A marine officershall strive to become an exemplarycitizen by the devoted or fruitful
fulfillmentof his civic duties.
Section 3. He shall perform his professional duties in conformity with the existing laws.
Section 4. He shall endeavor to assist and cooperate with the proper authorities in the enforcement
of maritime and custom laws and regulations.
Section 5. He shall offer to the state his full knowledge, experience and material possession in the
interest of national security and especiallyin time of national emergency.
Article IV: DUTY TO THE PUBLIC
Section 1. Every marine officer shall compose himself as an officer and a gentleman, and act
honorably when dealing with the general public.
Section 2. He should be concerned foremost with the safety of every man, woman and child who
boards his ship as a passenger by following all safety measures prescribed shipboard use.
Section 3. He shall contribute his professional knowledge for the general welfare and comfort of the
riding public to gain their respect and confidence.
Section 4. He shall, above all, continually consider the preservation of life,health and property,
even at the risk of his own life,to enhance the sense of public interest that is an integral obligation
of the profession.
Article V: DUTY TO A SUPERIOR
Section 1. Marine officers in a subordinate capacity shall always render the traditional respect to a
superior officer.
Section 2. Subordinate shall render the necessary assistance, if possible above and beyond the call
of duty, so that their superior, or the entire organization, can be assured of a successful operation
of his assigned duties.
Section 3. A subordinate shall strive to gain the confidence and respect of his superior through a
prompt and efficientperformance of his assigned duties.
Section 4. A marine officershall promptly and efficiently follow and obey all lawful orders of his
superior without questioning his integrity.
Section 5. A subordinate must always remember that he can only give recommendation to his
superior and that final decision must be left to his superior’s discretion.
Section 6. A subordinate must always remember the command responsibilityof a superior and must
give the proper assistance within or beyond his specific duties.
Section 7. A subordinate should never openly criticize the actuation of his superior with other
subordinate officer, more particularly with unlicensedpersonnel.
Section 8. In the event of inquiries he should only state actual facts but never his opinion as to
whether his superior is right or wrong.
Article VI: DUTY TO A SUBORDINATE
Section 1. A superior officer shall always conduct himself with the proper decorum in his act or
deeds and thoughts to set an example for his subordinate befittinghis rank or designation.
34
Section 2. He should give the necessary training, guidance and opportunities for the improvement
of his subordinates’ competency and especiallyto overcome his shortcomings demanded by his
license as a marine officer.
Section 3. He should continually mold the character of his subordinates to impress the importance
of command responsibility.
Section 4. He should give merits unselfishlywhendue, to inspire his subordinates to achieve greater
results.
Section 5. He should not hesitate to listento advice of his subordinates but exercise discretion
before implementation.
Section 6. He should not hesitate to admit errors in his decision when it is obvious, but it must be
done within the circle of his staff.
Article VII: DUTY TO HIS FELLOW-PRACTITIONER
Section 1. Every marine officer should work together in mutual cooperation and harmonious
relationship by sharing individual knowledge for professional advancement.
Section 2. He should associate with his colleagues in any reputable and recognized marine society
to further broaden his knowledge.
Section 3. He should never attempt to issue statements to the general public concerning the
shortcomings of his fellowofficer.
Section 4. The following specified acts of a marine shall be deemed to be unethical as a breach of
professional ethics, subject to immediate disciplinary action.
a. Open criticism of a fellowofficer without the knowledge of the other.
b. Spreading false information on the professional competency and ability of other practitioner.
c. Degrading a colleague in order to acquire his position.
d. False recommendation on the competency of another officer.
e. Maliciously withhold information or knowledge to place others in a controversial situation.
f. Tending to accept a position lower than his highest license to displace another officer applying for
the same.
g. Exerting political influence to displace a co-marine officer or engineer.
h. Certifying that he can work better or could render service more satisfactorily than another.
i. Openly expressingthat he holds exclusive methods of practice or style of service.
Article VIII: VIOLATION AND EFFECTIVITY
Section 1. Non-compliance with any of the provisions of this Code shall be deemed sufficient
grounds for proceeding against a marine officer and/or engineer which may lead to suspension or
revocation of his license or licenses.
Section 2. This Code of Ethics shall take effect upon approval hereof of the President of the
Philippines.
Done in the City of Manila, this 14th day of March, 1968.
Source:
https://www.prc.gov.ph/uploaded/documents/Board%20for%20Marine%20Deck-SB.pdf
35
ACTIVITY NO. 9
NAME:_____________________________________SECTION:_______________DATE:_______
Case Analysis:
Romeo Hambog Co claimed that he is a licensed chief engineer and was able to set sail
around the world. Wanting to stop sailing and acquire teaching position he decided to apply as a
maritime instructor at PMI-Colleges, Bohol. Presenting all his pertinent documents to the school
except that he was not able to present his chief engineer license because according to him it is
already expired. The PMI administration accepted C/E Romeo Hambog Co and started teaching
in the said institution. One fateful day, the HR representative of PMI-Bohol discovered thru
verification at the PRC office the Mr. Hambog Co is not a chief engineer but only a 2nd engineer.
Is there any code of ethics violated by Romeo Hambog Co? Why?
First time to climbed on-board in an international cruise ship, Mr. Agapito De Malate
summed up all his expenses in training, medical examination and other short-term courses in
order to be part of the crew realized that he was able to spend 75,000.00Php. Agapito created a
Vlog expressing all his negative sentiments especially to the training centers that are charging
them excessively, medical certifications that are charging them quite high compared to other
hospitals and allother short courses that are not yet necessarybut are required to take up. When
his Vlog aired, many Filipino seamen have been persuade by his contention and created a protest
draft asking the MARINA to evaluate all the trainings demanded by the manning and shipping
agencies. Is Agapito De Malate has the legal right to question the trainings set by MARINA? Is
there any code of ethics violated by him? Why?
36
ACTIVITY NO. 10
NAME:_____________________________________SECTION:_______________DATE:_______
1. Enumerate the following situations when such act of a marine is considered to be
unethical and therefore committed breach of professional ethics:
2. When a seafarer be it a high-ranking official or just a subordinate be allowed to have
more than one families at the same time? Is there any breach of professional ethics of
Filipino Seafarers committed? Why?
37
Lesson 10: Protectionof Filipino Seafarers
Learning Objective:
At the end of the discussion, the students will be able to:
1. Describe the hardships of seafarers seeking for job,
2. Recognize the importance of maritime industry in the country,
3. Develop the value of hard work, and
4. Develop desirable behavior to overcome trials in life.
Article Reading:
There are now more than one million Filipino seafarers registered at the Philippine
Overseas Employment Agency or POEA (Ty, 2001). Yearly, Philippine maritime schools and
training centers produce around 20 thousand new graduates; of which only a small percentage
will find a job at sea (Ty, 2001). Lured by promises of higher salary and foreign travel, and
reinforced by the fact that the local shipping industry cannot absorb them, Filipino seafarers
have to compete for work in this ever-tightening global market. Official figures from the POEA
show that the deployment of sea-based workers abroad have steadily increased over the years,
reaching 209,593 in 2002.
The legal rights of Filipino seafarers come from two primary sources: the law and their
employment contract.
The Philippine Constitution of 1987 mandates the State to "afford protection to labor, local and
overseas, organized or unorganized, and promote full employment and equal employment
opportunities for all". It also guarantees the right of Filipino workers to "humane conditions of
work". The Philippine Labor Code of 1974 sets provisions on overseas employment of our
workers, the hiring and employment of seafarers, the creation of the National Seamen's Board
or NSB, operations of crewing agencies, unionism, dispute settlement, the right to collective
bargaining, the right to strike, and related aspects which have implications on seafarers.
Further, the Code sets legal provisions on occupational health and safety promotion and
enforcement.
Philippine Republic Act 8042, otherwise known as the Migrant Workers and Overseas Filipino
Act of 1995, is also an essential source of legal rights for our seafarers. The Act provides for
specific policy thrusts such as the guarantee of migrant workers’ rights; deregulation or phase
out of regulatory functions of specific government agencies, stricter rules on illegal recruitment
and the corresponding penalties for such activities, selective deployment, and repatriation of
workers, and reintegration programs for return migrants.
Further, the Act specifically declared that "the State shall deploy overseas Filipino workers only
in countries where the rights of Filipino workers are protected." The government recognizes
any of the following as a guarantee on the part of the receiving country that it affords the
38
protection of our workers: the country has existing labor and social laws protecting the rights of
migrant workers; has signed multilateral conventions, declaration or resolutions relating to the
protection of migrant workers; has concluded a bilateral agreement with the government
protecting OFWs; and has been taking a positive concrete measures to protect the rights of
migrant workers.
On the other hand, the contract is the most important document concerning seafarers'
employment. Philippine laws require that the POEA approve the said contract before seafarers
begin to work overseas. Shipping companies and employment agencies are required to use the
Revised Standard Employment Terms and Conditions Governing Employment of Filipino
Seafarers On-Board Ocean-Going Vessels, designed to protect seafarers' rights, or a collective
bargaining agreement that meets or exceeds the minimum requirements of the POEA Standard
Employment Terms and Condition (Center for Seafarers' Rights, 2001). Any deviations from the
terms of this contract shall be made only with the approval of the POEA (Center for Seafarers'
Rights, 2001).
In the Standard Terms and Conditions Governing the Employment of Filipino Seafarers On-
Board Ocean-Going Vessels prescribed by the POEA it was clearly pronounced that among the
duties of the employer/agency/master are the following:
1. To faithfully comply with the stipulated terms and conditions of this contract, particularly the
prompt payment of wages, remittance of allotment and the expeditious settlement of valid
claims of seafarers.
2. To make operational on board the vessel the grievance machinery provided in this contract
and ensure its free access at all times by the seafarer.
3. To provide a seaworthy vessel for the seafarer and take all reasonable precautions to prevent
accident and injury to the crew including provision of safety equipment, fire prevention, safe
and proper navigation of the vessel and such other precautions necessary to avoid accident,
injury or sickness to the seafarer.
4. To observe the Code of Ethics for Seafarers and conduct himself in the traditional decorum of
a master.
With these policy statements, we can discern that ensuring a safer and healthier work
environment has long been recognized as a major factor for the protection of maritime
workers' rights. However, in as much as it is recognized that the State has indeed come up with
commendable policies, there is also a widespread recognition of the need to build capacity and
sincerity to implement, and to fund programs envisioned by all these policies. Later on, we can
see how assertive action especially on the part of the employers and to a large extent, unclear
and stringent policies on the part of the government, are making health and safety remain to
be an elusive goal for Filipino seafarers overseas.
39
Situation of Filipino Seafarers
Seafarers are fixed term contractual employees. The POEA standard employment contract for
seafarers specify that period of employment should not be longer than 12 months and any
extension of the contract shall be subjected to the mutual consent of both parties. The process
of employing Filipino seafarers abroad embodies a trilateral employment relationship that
involves the local recruiting agent (i.e., crewing or manning agency), the foreign ship owner,
and the crew (Amante, 2003).
The ordeal of a Filipino seaman starts even while he is still looking for a job on the high seas –
during the "job search" period.
In his research entitled Philippine Global Seafarers: A Profile, Amante (2003), a Mols Sorenson
research fellow at Cardiff University - Seafarers International Research Centre in United
Kingdom and a Professor at the University of the Philippines - School of Labor and Industrial
Relations, described the job search as the period covering the time spent applying, the time
spent processing papers for a new employment contract, and the time spent waiting to board
the ship.
The job search period is no easy for a Filipino seafarer. In the same research mentioned,
Amante (2003) found out that seafarers studied spent 7.2 months on the average for job search
– senior officers spent 7.3 months for job search, junior officers' time is slightly less at 6.9
months, ratings spent 7.3 months and cadets had the longest job search period at 13 months
(Amante, 2003). This is in comparison with a 9.9-month average length of the seafarers'
employment contract – senior officers had an average contract of 9.5 months, junior officers
had 9.3 months, ratings had slightly longer contracts at 9.8 months and cadets had 10.8 months
(Amante, 2003). This means that seafarers spent about the same time looking for a job as they
spent working on board.
Another problem confronting seafarers is the prevalence of unscrupulous recruitment agencies.
In the past, the basic routine of corrupt recruitment agencies is to ask from prospective
seafarers a huge amount of money in order to get a break in the seafaring occupation. Although
some agencies, particularly those with established names, have already improved, there are
still a few which are doing this type of exploitation except that nowadays, their operations have
gone worse (Ty, 2001). The extent of abuse especially to newcomers has become very
degrading (Ty, 2001).
For instance, manning agencies which has other businesses like construction companies,
piggery, poultry, farms, fishponds, etc. are using the new graduates to work without pay for as
long as one year in exchange of the chance to get their first work experience on board ship.
Others agencies also use their new graduate applicants to work for them as janitors,
messengers, car washers, and other similar jobs. Some of them are even made to pay for
"training fees" (Ty, 2001). The worst part is that trainees are not really assured of a job after the
"training"; they could only hope as manning agencies usually defend that they also have a long
40
list of trainees waiting on line. During the enlistment, applicants are simply given the choice to
"whether take or leave the job" because anyway, with thousands of graduates desperate to
find a job at sea, there would be a lot of them who will be willing to try and take chances.
Another thing is the increasing greediness of these private agencies in terms of charging fees to
their recruits. Unlike in the past when placement fee is paid directly, nowadays, a manning
agency will just ask the seaman to sign a document stating that he owe the agency a certain
amount of money and this is done when he is already in the airport so as not to give the
seaman much option but to sign on the document (Ty, 2001).
What is more disappointing though is the fact that seafarers do not only suffer from private
entities. Amante (2003) revealed that seafarers complain about "expensive, time-consuming,
overlapping procedures, as well as red tape in the processing of papers, certificates and
documents" in terms of their dealings with government agencies. They are made to go back and
forth in different agencies for their papers and the overlapping functions of government
agencies breed fraudulent certification, corrupt fixers, extortion and inconsistencies in policy
implementation (Amante, 2003).
Yet, the ordeal of common Filipino seafarers do not end there. Once onboard, seafarers are
again set to face another ordeal. Crescencio M. Siddayao, former head of the National Seamen
Board once said:
Seafarer’s employment is unique in the sense that employment aboard ocean-going ship
inevitably subjects the worker to rigorous isolation and confinement. The ship is not only a
place of work for him but also a home. He lives a regimented life throughout the employment
period -- at work or off duty. He is at all times subject to the command or whims of the master
of the ship. Also, he is at the mercy of the perils and danger of the high seas.
Indeed, it is well known that Filipino seafarers are not having smooth sailing -- many of them
are victims of discrimination, abuse, maltreatment and unfair labor practices (Opiniano, 2000).
Source:
1. Article: Ensuring Occupational Health and Safety for Overseas Filipino Seafarers; Virgel
C. Binghay, Associate Professor, School of Labor and Industrial Relations University of
the Philippines, E-mail: vcbinghay@ph.inter.net
41
ACTIVITY NO. 11
NAME:_____________________________________SECTION:_______________DATE:_______
Reflection Paper:
In 200 words, after reading the article above, how determine are you to achieve your dream
to be become a seafarer? Are you willing to experience the obstacles that the present
seafarers are dealing? Why?
42
ACTIVITY NO. 12
NAME:_____________________________________SECTION:_______________DATE:_______
Maritime Students in Action: Interview any of your Maritime Instructors and lists some of the
ordeals they encountered on the following situations: (Paste a picture as a proof of your
interview)
a. First-Time Applicant-
b. Loneliness and sexual needs-
c. Handling family issues despite on absence and distance-

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notes for maritime ethics

  • 1. 1 Lesson 1: INTRODUCTION TO PHILOSOPHY LEARNING OBJETIVES: At the end of the discussion, the students will be able to: 1. Define philosophy, and 2. Enumerate the 8 branches of philosophy.  DEFINE PHILOSOPHY: PHILOS MEANS LOVE WHILE SOPHIA MEANS WISDOM. IT IS THE SCIENCE THAT INVESTIGATES THE ULTIMATE TRUTH OR REALITY OF EVERY BEING. It is the study of the fundamental nature of knowledge, reality, and existence BRANCHES OF PHILOSOPHY:  METAPHYSICS- the branch of philosophy that deals with the first principles of things, including abstract concepts such as being, knowing, substance, cause, identity, time, and space. It literally means meta (beyond) and physic (physical). It is the study of beyond physical beings.  EPISTEMOLOGY- the theory of knowledge, especially with regard to its methods, validity, and scope. Epistemology is the investigation of what distinguishes justified belief from opinion.  COSMOLOGY- the science of the origin and development of the universe. Cosmos literally means “universe”. It refers to the study of the world and the universe.  AESTHETICS- It is the study of beauty.  THEODICY- The word ‘theo” literally means “God”. It is the study about God.  PHILOSOPHY OF HUMAN PERSON- delves into the origin of human life, the nature of human life and the reality of human existence.  LOGIC- it refers to the science of correct thinking. A method of reasoning conducted or assessed according to strict principles of validity.  ETHICS-it is the science of human morality. It studies the rightness and wrongness of a voluntary act. The branch of knowledge that deals with moral principles. It deals with the questions what is good and what is evil? Learning Objective Lesson 1-B At the end of the discussion, the students will be able to: 1. Differentiate ethics from morality, 2. Compare and contrast intellect from will, and 3. Value the importance of morality in one’s life. WHAT IS ETHICS? IT IS THE SCIENCE OF THE MORALITY OF HUMAN CONDUCT. COMPARISON BETWEEN ETHICS AND MORALITY  ETHICS COMES FROM THE GREEK WORD ETHICOS WHICH MEANS “CUSTOMS’  MORALITY COMES FROM THE LATIN WORD MORIS WHICH MEANS “CUSTOMS”
  • 2. 2 IS THERE UNIVERSAL MORALITY?  YES. UNIVERSAL ACTS OF MORALITY ARE THOSE GENERALLY ACCEPTED BY THE PEOPLE REGARDLESS OF ITS RACE, RELIGION AND REGION. EXAMPLE: PRESERVATION OF HUMAN LIFE, VALUE OF HUMAN LIFE. THE ACT OF NOT KILLING AN INNOCENT PERSON IS AN UNIVERAL ACT OF MORALITY. WHY MAN HAS THE OBLIGATION OR THE NEED TO BE MORAL?  MAN HAS INTELLECT AND FREEWILL COMPARISON BETWEEN MAN AND ANIMAL:  MAN- HAS SENSES, INTELLECT, INSTICNT AND FREEWILL  ANIMAL- HAS BOTH SENSES AND INSTINCT ONLY COMPARISON BETWEEN INTELLECT AND FREEWIL INTELLECT: HIGHEST GOAL WISDOM (THE CORRECT APPLICATION OF KNOWLEDGE) GOAL TRUTH FUNCTION THINKING PURPOSE KNOWING FREEWILL HIGHEST GOAL VIRTUE GOAL GOOD FUNCTION DOING PURPOSE CHOOSING Other Important Philosophical keywords for understanding:  Being- it is a philosophical term for existence or it refers to the nature and essence of a thing or a human person.  Knowledge- in philosophy it is defined as the “justified true belief”.  Wisdom- in philosophy it is defined as the correct application of knowledge. Readings: 1. Maritime Ethics: Understanding Morality in the Tideline. Rucelio P. Vilar, Jobal Publishing House: 2015. Pp. 1-2 2. Ethics: The Philosophical Discipline of Action. Eddie R. Babor, Rex Book Store: 2007. pp. 1-7 3. Ethics: Foundations of Moral Valuation: Oscar G. Bulaong Jr. and et.al., Rex Book Store: 2017. Pp. 1-2
  • 3. 3 ACTIVITY NO. 1 NAME:______________________________________SECTION:________________DATE:_____ INSTRUCTION: Choose your answer inside the box. Write your answer on the space provided. Philosophy Wisdom Theodicy Freedom Ethics Virtue Metaphysics Epistemology Morality Cosmology Being Knowledge Intellect Aesthetics Instinct Wisdom Human Act Logic Thinking Man 1. ________________________it refers to a being where the unification of body and soul. 2. ________________________it refers to the exercise of choosing. 3. ________________________it is the exercise of utmost or highest ethical behavior. 4. ________________________it refers to the innate and fixed pattern of behavior. 5. ________________________it is the function of the intellect. 6. ________________________it is a philosophical term for any form of existence. 7. ________________________it is the study of beyond physical beings. 8. ________________________it is the science that investigate ultimate truth or reality. 9. ________________________it is the science that deals the study about knowledge. 10. ________________________it is the correct application of knowledge. 11. ________________________it refers to the study of the universe. 12. ________________________it comes from the Latin word “moris”, meaning customs. 13. ________________________it refers to the science of beauty. 14. ________________________it refers to the justified true belief. 15. ________________________a faculty of reasoning and understanding.
  • 4. 4 Lesson 2: Anchorage of Ethics Learning Objectives: At the end of the discussion, the students will be able to: 1. Enumerate the principles of ethics, 2. Compare and contrast Christian ethical teachings from non-Christian ethical teachings, and 3. Apply ethical teachings in real life situations. 3 POSTULATES OF ETHICS: • EXISTENCE OF GOD- it refers to the Absolute Being • EXISTENCE OF SOUL-it refers to the principle of life. • EXISTENCE OF HUMAN FREEDOMOR FREEWILL- it refers to the exercise of choosing. Ethics and Religion: A. Christianity: Jesus Christ’s Ethical Teachings: 1. PREFERENCE TO THE POOR AND OPPRESSED- material or worldly wealth is not desired but instead good deeds are equivalent to heavenly treasure. 2. ETHICS OF LOVE- Love for those people who loves you and most especially love for your enemy. 3. HONESTY- it refers to an upright and righteous statement. 4. IT TEACHES US FAITH IN THE FATHER- the Trinitarian belief of three persons but one God. That the Father is the Creator of the universe and Jesus as his only begotten Son. 5. ETHICS OF PEACE AND RECONCILIATION- it dwelled to the fact that one person cannot find peace if he is not at peace of himself. Peace must begin within one self. 6. IT DEMANDS SUFFERINGS AND SACRIFICES- this is evident as written in history that Jesus died in the cross to save humanity in exchange of eternal life. B. Hinduism Ethical Teachings in Hinduism: Hinduismis the oldest polytheistic religion in the world. As a matter of fact, the religion has more than 1 million gods and goddesses. The concept of morality is actually found in the Vedas. Vedas are sacred scriptures and are known to the oldest religious writings in existence. The Vedas have commentaries called the Upanishads. It is where the concepts of morality are found.
  • 5. 5 Hindus Concept of Morality and Man. 1. GOD OR THE UNIVERSAL ESSENCE IS CALLED (BRAHMAN) 2. MAN IS KNOWN AS (ATMAN). HE IS ON EARTH AND IN THE STATE OF SUFFERING BECAUSE OF THE ATTACHMENT TO THE SENSES OR THE PLEASURE OF THE FLESH OR CALLS IT (MAYA) OR ILLUSION 3. DETACHMENT FROM THE MAYA AND THE UNIFICATION OF ATMAN WITH BRAHMAN ONE WILL ATTAIN SAMSARA (REINCARNATION). 4. ONCE THE ATMAN REACHES SAMSARA, THE ATMAN ACHIEVED SELF-PERFECTION AMD CALLS IT IN THE STATE OF MOKSHA. 5. WHEN THE ATMAN REACHES MOKSHA IT IS BELIEVED THAT HE ATTAINED THE STATE OF NIRVANA. (NIRVANA-EXTINCTION FROMALL FINITE CONDITIONS) C. Confucianism  CHINESE PHILISOPHY IS CALLED CHE SHUEH- CHE MEANS WISDOM WITH A PICTORAPH OF MOUTH AND HAND. CHINESE PHILOSOPHY REFERS TO THE MARRIAGE OF WORDS AND ACTION.  MORALITY IS BASED ON HUMAN-HEARTEDNESS CONFUCIOUS 5 INNATE LAWS: 1. REN- HUMAN HEARTEDNESS 2. YI- RIGHTEOUSNESS 3. ZHONG- CONSCIENTIOUSNESS 4. LI- PROPRIETY 5. XIAO- FILIAL PIETY TAOISM’S PRINCIPLE OF YIN AND YANG CHARACTERISTICS OF YIN: CHARACTERISTICS OF YANG:  SMALL LARGE  FEMININE MASCULINE  COLD HOT  SUBTLE BOLD  TEXTURED PLAIN  ROUGH SMOOTH  QUITE LOUD  OLD NEW
  • 6. 6  DIRTY CLEAN  SLOW FAST  CALM ACTIVE  CURVEY STRAIGHT Readings: 1. Maritime Ethics: Understanding Morality in the Tideline. Rucelio P. Vilar, Jobal Publishing House: 2015. Pp. 9-16 2. Ethics: The Philosophical Discipline of Action. Eddie R. Babor, Rex Book Store: 2007. pp. 40-49 3. Ethics: Foundations of Moral Valuation: Oscar G. Bulaong Jr. and et.al., Rex Book Store: 2017. Pp. 10-19
  • 7. 7 ACTIVITY NO. 2 NAME:_______________________________________SECTION:_____________DATE:_______ Read and analyze the ethical situations properly. 1. You are one of the crew of a tanker ship that sails between North America and Europe. One day, you discovered that the chief engineer and the chief mate are in connivance of selling illegally the reserve gasoline in your ship. Though it is only a spare gasoline and not in use, the two high ranking officials took a large segment of it and sold it when you reach to the next port of destination. Unknown to the ship captain, you receive a portion of the profit of the sale even without participating the transaction because the chief mate is your own father. Question: Are you willingly inform the ship captain about what you had discovered? Why or why not? 2. Utilizing the characteristics of yin and yang, how are you going to treat and deal a female crew whose job description is exactly the same as yours? 3. Explain the saying: It takes a thousand of good deeds to build a good reputation but takes only a single bad act to lose it.
  • 8. 8 Lesson 3: Pillars of Ethics Learning Objectives: At the end of the discussion, the students will be able to: 1. Identify the pillars of ancient philosophy, 2. Compare and contrast ethical teaching of Socrates, Plato and Aristotle, and 3. Exhibit understanding of human nature. A. Socrates Socrates Ethical Foundation: he believed that a wise man is a virtuous man. Knowledge will lead man to live a moral life. Socrates is famous of his saying which is “HE WHO KNOWS WHAT IS RIGHT SHOULD ACT WHAT IS RIGHT”. He believed that human action is the extension or expression of knowledge. According to him “KNOWLEDGE AND VIRTUE ARE ONE AND THE SAME”. This is the principle of ARETE. 3 SCORATIC PRINCIPLES: 1. THE UNEXAMINED LIFE IS NOT WORTH LIVING. 2. CARE FOR YOUR SOUL. 3. GOOD PERSON CANNOT BE HARM BY OTHER PERSON. B. PLATO- Plato is the greatest and the brightest student of Socrates. He believed that “HAPPINESS LIES IN REASON”. Plato defined man as the situs of two worlds. For Plato man is a metaphysical dichotomy between body and soul. For him, “MAN IS A SOUL USING A BODY”. 1. IDEAL WORLD- (SOUL) THE SOUL HAS THREE PARTS NAMELY RATIONAL PART LOCATED IN THE HEAD, SPIRITUAL PART LOCATED IN THE HEART OR CHEST AND APPETATIVE PART LOCATED IN ABDOMEN. 2. PHENOMENAL WORLD-(BODY) IT IS MATERIAL, DESTRUCTIBLE, TANGIBLE AND TEMPORARY. PLATO’S 4 BASIC VIRTUES: 1. WISDOM-RATIONAL PART OF THE SOUL. IT CONTROLS OR RULES EVERYTHING. 2. COURAGE- SPIRITUAL PART OF THE SOUL. IT MEANS INTELLECTUAL COURAGE 3. TEMPERANCE-APPETATIVE PART OF THE SOUL. IT MEANS MODERATION OF THINGS 4. JUSTICE- IT IS THE OBSERVATION OF DUTY AND RIGHTEOUSNESS. JUSTICE COVERS THE WHOLE FILED OF HUMAN CONDUCT. C. ARISTOTLE Aristotle was the greatest student of Plato. Just like his master, he believed that man’s happiness lies in reasons. However, it is not innate for man to be moral but nature demanded man to be moral.
  • 9. 9  VIRTUE IS REASON. IT IS THE EXCELLENCE OF A THING TO PERFORM EFFECTIVELY ITS PROPER FUNCTION. VIRTUE LIES IN THE MEAN. It is in BETWEEN TWO VICES either in defect or in excess. CONCEPT OF MEAN  STANDPOINT OF CONDUCT- 1. BETWEEN FEAR AND CONFIDENCE, COURAGE IS THE MEAN 2. BETWEEN PLEASURE AND PAIN, TEMPEERANCE IS THE MEAN 3. BETWEEN GIVING AND TAKING, LIBERALITY IS THE MEAN 4. BETWEEN HONOR AND DISHONOR, PROPER PRIDE IS THE MEAN 5. CONCERNING ANGER, GOOD TEMPER IS THE MEAN  STANDPOINT OF INTERCOURSE BETWEEN WORDS AND ACTIONS 1. TRUTH- BOASTNESS IS THE EXCESS AND MODESTY IS THE DEFICIENCY, TRUTHFULNESS IS THE MEAN 2. PLEASANTNESS IN GIVING AMUSEMENTS- BUFFOONERY IS THE EXCESS AND BOORISHNESS IS THE DEFICIENCY, READY-WILLEDNESS IS THE MEAN 3. FRIENDSHIP- OBSEQUIOUS IS THE EXCESS AND QUARESOME IS THE DEFICIENCY, FRIENDLINESS IS THE MEAN  STANDPOINT OF PASSION. 1. BETWEEN ENVY AND SPITE, THE MEAN IS THE RIGHTEOUS INDIGNATION Readings: 1. Maritime Ethics: Understanding Morality in the Tideline. Rucelio P. Vilar, Jobal Publishing House: 2015. Pp. 10-12 2. Ethics: The Philosophical Discipline of Action. Eddie R. Babor, Rex Book Store: 2007. Pp. 25-30 3. Ethics: Foundations of Moral Valuation: Oscar G. Bulaong Jr. and et.al., Rex Book Store: 2017. Pp. 83-89
  • 10. 10 ACTIVITY NO. 3 NAME:_____________________________________SECTION:_______________DATE:_______ Analyze the ethical situations and respond properly. 1. You are a seafarer and legally married here in the Philippines. Although you have been married for quite some time, still your wife cannot bear a child. As the ship ducked for a week, you decided to stroll in the metropolis of Singapore which led you bumped your ex-girlfriend who is successfully working as a nurse in one of the big hospital in the country and much more is still single. Excited to the event, she invited you to eat dinner with her at her rented apartment. Question: Will you accept the invitation? If yes why and if no why not? 2. How the two worlds of Plato do helped you understand that people are prone to commit mistakes even there is a prior knowledge over it? Are discern mistakes justifiable? Why or why not? a. Teenage Pregnancy- b. Drug Addiction- 3. Explain the saying: “A mistake should be your teacher, not yourattacker. A mistake is a lesson not a loss. It is temporary, a necessary detour but not a dead end”.
  • 11. 11 Lesson 4: The Sea of Conscience Learning Objectives: At the end of the discussion, the students will be able to: 1. Define conscience, 2. Enumerate and identify the 8 types of conscience, and 3. Evaluate themselves as to what type of conscience they possess. What is conscience? Many people believes that conscience is the gauge of morality. It acts as a barometer or a measurement either as mandated by the authority, norms in the society, natural law or religious laws that determines how things should be or should not be. Conscience comes from a Greek word “cum alia scientia” which literally means “man’s correct application of knowledge”. KINDS OF CONSCIENCE 1. ANTECEDENT CONSCIENCE- The judgment of a person deciding on a moral matter prior to acting on it. Antecedent conscience either commands or forbids, counsels or permits the performance of an act. Example: It is the night before the final exam, if your mind is telling you that cheating is wrong, and you have the feeling of not doing it, your conscience forbids you to commit a bad act. 2. CONSEQUENT CONSCIENCE- The judgment of the mind on the morality of an action already performed. The conscience either approves what has been done, giving peace to the mind and spiritual joy, or disapproves of what was done, thus causing remorse and a sense of guilt. Example: In dire need of money, you decide to go to your friend’s boarding house hoping that he can lend you some penny. As you approach the door of his house, you discovered that there was 1,000.00Php fell on the ground. You picked it up and decided to go home immediately. Delighted by the event, you thought of going to Mang Inasal to have a bountiful dinner. As you sleep in the night, you were unhappy and the thought that you spent a money which is not yours cannot be erase in your mind. 3. TRUE CONSCIENCE- is a type of conscience that judges things as they are. It judges action as good as really good and bad as really bad. Example: A student of NGEC 8 under Mrs. Ocon was given a grade of 1.2 for the prelim period. That student was you. However, you know for a fact that you were not able to take the 3 minor quizzes and failed during the prelim examination. Your best friend whose
  • 12. 12 surname listed is right after you got a failing remark despite of topping the quizzes and passed the major exam. As the result, you approached your teacher and verified things despite of the fact that you may have a failing grade in reality. 4. ERRONEOUS CONSCIENCE- it judges things in a distorted manner and consider bad acts as good one and good acts as bad one. This is also an ignorant conscience. Example: A PMI student caught in a buy-bust operation related to selling of illegal narcotics. During the interrogation, the student told the police that he was forced to do so because of extreme poverty and it aided his maritime education. 5. CERTAIN CONSCIENCE- is a subjective certainty of the legality of particular actions to be performed or to be avoided. According to many moralists, this type of conscience is highly regarded that man should develop one. A state of mind when it has no prudent fear of being wrong about its judgment on some moral issue and firmly decides that some action is right or wrong. Example: When a mother discovered that she is having an ectopic pregnancy, she decided to remove the fetus as early as possible to save her life from possible complications. She had the abortion because she has to live for her 2 children that are still dependent to her. 6. DOUBTFUL CONSCIENCE- A state of mind when it cannot certainly decide for or against a course of action and leaves the person unsure about the morality of what one is to do, or what one may have done. Example: An example would be if you had to decide to steal food or money to feed your starving child. 7. SCRUPULOUS CONSCIENCE- is one which sees wrong where there is one. It is a type of conscience where it is afraid to commit evil. Example: Scrupulous people means very careful to do things properly and correctly, such as paying friends back for money borrowed right away. 8. LAX CONSCIENCE- a type of conscience where it fails to see wrong where obviously there is wrong. Example: Having extra marital affair is an example of lax conscience. A two-timer boyfriend or girlfriend is definitely wrong.
  • 13. 13 Learning Objectives for Lesson 4-B At the end of the discussion, the students will be able to: 1. Define values, 2. Identify valuable needs from non-valuable wants, and 3. Apply valuable needs in the real life situations. What is values? It refers to any object or being to satisfy human needs. It refers to any amount of commodity obtained in exchange of another. Values are the object of human desires and striving at the same time. Values are also subjective beliefs which people hold to be true. In other words values refers to people, things, ideas or even goals which holds importance to one’s life.  Max Scheller defined values as valuable essences or properties. PROPERTIES OF VALUES: 1. VALUES ARE SUBJECTIVE- the importance of a being is dependent to the subject. 2. VALUES ARE OBJECTIVE- all beings have worth or value apart from the subject. 3. VALUES ARE RELATIVE- there are things or certain actions that might be good for you but harmful to others and vice versa. 4. VALUES ARE BI-POLAR- it refers to the rightness and wrongness of an act or the goodness and badness of a thing. 5. VALUES ARE HIERARCHICAL- these are orders of importance. Abraham Maslow Hierarchy of Needs
  • 14. 14 MASLOW’S HIERARCHY OF NEEDS- has often been represented in a hierarchical pyramid with five levels. The four levels (lower-order needs) are considered physiological needs, while the top level of the pyramid is considered growth needs. The lower level needs must be satisfied before higher-order needs can influence behavior. 1. Self-actualization – includes morality, creativity, problem solving, etc. 2. Esteem – includes confidence, self-esteem, achievement, respect, etc. 3. Belongingness – includes love, friendship, intimacy, family, etc. 4. Safety – includes security of environment, employment, resources, health, property, etc. 5. Physiological – includes air, food, water, sex, sleep, other factors towards homeostasis Readings: 1. Maritime Ethics: Understanding Morality in the Tideline. Rucelio P. Vilar, Jobal Publishing House: 2015. Pp. 23-28 2. Ethics: The Philosophical Discipline of Action. Eddie R. Babor, Rex Book Store: 2007. Pp. 118- 1134 3. Ethics: Foundations of Moral Valuation: Oscar G. Bulaong Jr. and et.al., Rex Book Store: 2017. Pp. 87-88 4. https://www.learning-theories.com/maslows-hierarchy-of-needs.html (November 13, 2018)
  • 15. 15 ACTIVITY NO. 4 NAME:_____________________________________SECTION:_______________DATE:_______ 1. What is conscience? 2. Among the listed type of conscience, what kind of conscience do you have? Why? 3. At the present, what are your values that will help you to become a seafarer in the future? 4. (Ethical case) In 1884 the Mignonette, a ship sailing from England to Australia, leaves no sign of doubt. Death did not come naturally to the victim. About two months into the trip, the Mignonette sank and four crew members (including a 17-year-old named Richard Parker who managed to grab a couple tins of turnips) were able to get into a 13- foot (4-meter) lifeboat. Nineteen days later, things weren't looking so hot, and Thomas Dudley, the captain, suggested that Parker -- with no wife or family and much sicker than the others -- could be quickly dispatched for the survival of the rest. It was agreed. Dudley stabbed Parker in the neck with a penknife, and they ate his flesh and drank his blood. They were found the 24th day, and eventually Dudley and one other crewman were charged with murder and cannibalism. They were found guilty, but public sentiment in England led to their hasty pardon. Question: Are you willing to kill another person, eat his flesh and drink his blood in order to live in case of peril in the sea? Why?
  • 16. 16 Lesson 5: Human Acts VS. Acts of Man Learning Objectives: At the end of the discussion, the students will be able to 1. Differentiate acts of man from human acts, 2. Judge responsibilities after the performance of human acts, and 3. Appraise modifiers of human acts which alter responsibilities. What is act of man? Many are confuse whether or not acts of man is the same with human act but philosophy emphasized that the two are not the same. Acts of man refers to actions that pertains to human but these actions are also shared by animals. Such actions do not involve knowledge, no condition to exercise the right of choosing and much more no requirement for submission to one’s own volition. These acts of man refer to human nature. What is human act? Human acts are actions that pertain to human alone. It is a series of complicated actions that involves the three essential elements of human act. Furthermore, human act entails responsibilities after the act has been performed. It places the agent of the act to become liable to the outcome of his action whether it is good or bad one. THREE ELEMENTS OF HUMAN ACT: 1. KNOWLEDGE 2. FREEDOM 3. VOLUNTARINESS HUMAN ACT IN RELATION TO REASON 1. GOOD ACTS- it refers to the absence of evil. 2. EVIL ACTS- it refers to the absence of good. 3. INDIFFERENT ACT- it is neither good nor evil. INDIRECT VOLUNTARINESS OF HUMAN ACT- REFERS TO AN ACT WHICH IS DESIRED NOT AS AN END IN ITSELF BUT A FORESEEN EFFECTS OR CONSEQUENCES OF AN ACT. THE PERSON IS MORALLY RESPONSIBLE FOR THE EVIL EFFECT WHICH IS NOT DIRECTLY WILLED ACCORDING TO THE FOLLOWING CIRCUMSTANCES: 1. IF THE AGENT FORESEE THE EVIL EFFECT 2. IF THE AGENT IS FREE TO REFAIN FROM DOING THAT WHICH IS THE CAUSE OF THE EVIL EFFECT 3. IF THE AGENT KNOWS THAT HE IS MORALLY BOUND NOT TO DO THAT WHICH IS THE CAUSE OF THE EVIL EFFECT
  • 17. 17 HUMAN ACT FROM WHICH TWO EFFECTS MAY RESULT, ONE IS GOOD AND THE OTHER IS EVIL, IS MORALLY PERMISSIBLE UNDER THE FOLLOWING CIRCUMSTANCE: 1. THE ACTION MUST BE MORALLY GOOD IN ITSELF. 2. THE GOOD EFFECT OF THE ACT MUST PRECEDE THE EVIL EFFECT. THE EVIL EFFECT IS MORALLY ALLOWED TO HAPPEN AS A REGRETTABLE CONSEQUENCE. 3. THERE MUST BE A GRAVE OR SUFFICIENT REASON IN DOING THE ACT. 4. THE EVIL EFFECT SHOULD NOT OUTWEIGHT THE GOOD EFFECT OR ATLEAST THE GOOD EFFECT SHOULD BE EQUIVALENT TO IMPORTANCE TO THE EVIL EFFECT. MODIFIERS OF HUMAN ACT: 1. IGNORANCE- is the lack or absence of knowledge where one has the obligation to know. Innocence is a mental state where there is also lack or absence of knowledge however the person has no obligation to know. 2. CONCUPISCENCE – these are crimes of passion. When one person is driven to perform act with high or intense emotion that makes him unable to rationalize the situation. Example is absolutory cause. 3. FEAR- an unpleasant emotion caused by the belief that someone or something is dangerous, likely to cause pain, or a threat. Actions done with and from fear are voluntary acts. 4. VIOLENCE- it refers to the use of physical power or external force on a person by another. 5. HABIT – a constant and easy way of doing things acquired by the repetition of the same act. Readings: 1. Ethics: The Philosophical Discipline of Action. Eddie R. Babor, Rex Book Store: 2007. Pp. 118- 1134 2. Ethics: Foundations of Moral Valuation: Oscar G. Bulaong Jr. and et.al., Rex Book Store: 2017. Pp. 87-88
  • 18. 18 ACTIVITY NO. 5 NAME:_____________________________________SECTION:_______________DATE:_______ 1. Provide 5 samples of acts of man. 2. Provide samples of human act. 3. Ethical Case. As the ship approach to the Caribbean waters, pirates of the Caribbean seas hijacked the ship and held 31 crew member including the captain. Demanding ransom equivalent to the value of their cargo, the captain was able to manage to secure a high-powered gun and shoot few pirates inside the ship. The 15 crew members were being released and secured gun and shoot all the pirates including those pirates that surrounds the ship. The seafarers were all alive and unharmed during the incident. Question: In the shooting incident between the pirates and the seafarers, will the captain and the 15 crew members held responsible for the death of the pirates? Is there any criminal liability? Why orwhy not?
  • 19. 19 Lesson 6: DETERMINANTS OF MORALITY Learning Objectives: At the end of the discussion, the students will be able to: 1. Enumerate the determinants of morality, 2. Translate the determinants of morality with the different circumstance of morality, and 3. Examine the degree of liability in relation to the performance of the act. Conventional moral philosophers propose that for an act to be morally valid it must conform equitably to the Determinants of Morality performed by a free agent. These are the following: 1. OBJECT OF MORALITY- also known as the object of the will that which the will chooses to do and thus nothing else but the act itself which is deliberately willed. This refers to the means used or employed in performance of a certain act. 2. END OF MORALITY- it refers to the result of the act whether it is intrinsically good, evil or a mere indifferent act. 3. CIRCUMSTANCES-these refers to the conditions in the performance of the act. 7 KINDS OF CIRCUMSTANCES: A. WHO- these refers to the circumstance of the agent. It refers to the person or the one to whom the act is ascribed. B. WHAT- it refers to the quality or quantity of the object of the act. C. WHERE- it refers to the place where the act was performed. D. BY WHAT MEANS- it refers to the means employed by the agent. E. HOW- it refers to the manner or mode by which the act is done F. WHEN- this refers to the circumstance of time. This one points out when was the act performed and in what manner does the element of time affects the performance of the act. G. WHY- it refers to the very reason of the commission of the act. It refers to the motive that prompt the agent to perform the act. Revised Penal Code of the Philippines Justifying Circumstances and Other Circumstances which EXEMPT from Criminal Liability Art. 11. Justifying circumstances. — The following do not incur any criminal liability: 1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur; First. Unlawful aggression. Second. Reasonable necessity of the means employed to prevent or repel it. Third. Lack of sufficient provocation on the part of the person defending himself.
  • 20. 20 2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, 3. Anyone who acts in defense of the person or rights of a stranger. 4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present; First. That the evil sought to be avoided actually exists; Second. That the injury feared be greater than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it. 5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. 6. Any person who acts in obedience to an order issued by a superior for some lawful purpose. Art. 12. Circumstances which exempt from criminal liability. 1. An imbecile or an insane person, unless the latter has acted during a lucid interval. 2. A person under nine years of age. 3. A person over nine years of age and under fifteen, unless he has acted with discernment, 4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. 5. Any person who act under the compulsion of irresistible force. 6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. 7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause. Art. 13. Mitigating circumstances. — The following are mitigating circumstances; 1. That the offender is under eighteen year of age or over seventy years. 2. That the offender had no intention to commit so grave a wrong as that committed. 3. That sufficient provocation or threat on the part of the offended party immediately preceded the act. 4. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees. 5. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. 6. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court. 7. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. Art. 14. Aggravating circumstances. — The following are aggravating circumstances: 1. That advantage be taken by the offender of his public position. 2. That the crime be committed in contempt or with insult to the public authorities. 3. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or committed in the dwelling of the offended party.
  • 21. 21 4. That the act be committed with abuse of confidence or obvious ungratefulness. 5. That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties or places of religious worship. 6. That the crime be committed in the night time, or in an uninhabited place, or by a band. Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. 7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. 8. That the crime be committed with the aid of armed men or persons who insure or afford impunity. 9. That the accused is a recidivist. 10. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. 11. That the crime be committed in consideration of a price, reward, or promise. 12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. 13. That the act be committed with evidence premeditation. 14. That the craft, fraud or disguise be employed. 15. That advantage be taken of superior strength. 16. That the act be committed with treachery (alevosia). 17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. 18. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken. 19. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means 21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions. Readings: 1. http://www.chanrobles.com/revisedpenalcodeofthephilippinesbook1.htm#.W- t6UoczbIU. November 14, 2018 2. Maritime Ethics: Understanding Morality in the Tideline. Rucelio P. Vilar, Jobal Publishing House: 2015. Pp. 41-50 3. Ethics: The Philosophical Discipline of Action. Eddie R. Babor, Rex Book Store: 2007. Pp. 180-189
  • 22. 22 ACTIVITY NO. 6 NAME:_____________________________________SECTION:_______________DATE:_______ 1. ((Ethical Case) 3rd District Jose Aguinaldo asked a simple favor to the office of the District Engineer in his jurisdiction to spare him 10% share of the road project that was approved and awarded by him in his district. Afraid of what possible things may happen in case if he will said no to the representative, the two agreed secretly and the engineer altered the figures of the project to grant the simple favor asked by Rep. Jose Aguinaldo. What are the different conditions of morality portrayed in this situation? 2. Provide example of the following: a. Intrinsically good act. b. Evil Act- c. Indifferent Act- 3. (Ethical Case) In case of shipwrecked, will cannibalismbe equivalent to murder when its true object of morality is to let other people survive and sacrifice only one life? Why? 4. (Ethical Case) The court gave different judgments when A stole 500 pesos from a farmer and penalized A with higher penalty while B who also stole 500 pesos from a rich man but provided B with lighter penalty. What do you think is the reason? Explain.
  • 23. 23 Lesson 7: Special Kinds of Ethical Theories Learning Objective Lesson 7-A: At the end of the discussion, the students will be able to: 1. Define Utilitarianism, 2. Define Epicureanism, 3. Use hedonic calculi in real life situation, and 4. Value the significance of pleasure and pain under Epicurean discipline. UTILITARIANISM- BELIEVED THAT HUMAN HAPPINESS IS THE MEASUREMENT OF HUMAN GOODNESS. MAN SHOULD ACT IN ORDER TO PRODUCE THE GREATEST HAPPINESS TO THE GREATEST NUMBER OF PEOPLE. TEACHINGS OF JEREMY BENTHAM NATURE DEMANDS MAN TO BE MORAL. HE BELIEVED THAT THE GREATEST GOOD LIES IN MAN’S PURSUIT TO HAPPINESS WHILE EVIL LIES IN THE AVOIDANCE OF PAIN. BENTHAM’S 2 SOVEREIGN MASTERS: 1. PLEASURE 2. PAIN BENTHAMS 2 KINDS OF UTILITARIANISM: 1. PSYCHOLOGICAL HEDONISM- IT IS IN HIS CONTENTION THAT MAN IS CAPABLE ONLY THOSE THAT WILL GIVE HIM HAPPINESS AND AVOID THOSE ACTIONS THAT WILL GIVE HIM PAIN. HEALTHY INCLINATION OF HAPPINESS. 2. EGOISTIC UTILITARIANISM- IT IS BELIEVED THAT MAN IS OBLIGATED TO SEEK HIS OWN HAPPINESSEVEN IT MEANS IT IS THE DEPRIVATION OF OTHERS. THE ONLY WAY TO KEEP- UP MORALITY IS TO EXPERIENCE PAINFUL INVOLVEMENT. MAN’S PHYSICAL SANCTIONS TO CONTROL AND GUIDE HEALTHY PLEASURE. 1. PHYSICAL 2. POLITICAL 3. POPULAR 4. RELIGIOUS THE QUALITY OF PLEASURE CAN BE MEASURED IN HEDONIC CALCULUS 1. INTENSITY- when a person is caught between two pleasures. For Bentham one should choose the pleasure with higher degree. 2. DURATION- choose pleasure that will provide longer effect. 3. CERTAINTY-actions that would lead to pure pleasure 4. PROPINQUITY- it should be a timely pleasure. 5. FECUNDITY-it should be a pleasure-producing entity. 6. PURITY- only those pure pleasure without any stain of pain. 7. EXTENTS- an act that would provide pleasure to himself and to other people as well.
  • 24. 24 EPICUREANISM - is a systemof philosophy based on the teachings of Epicurus, founded around 307 B.C. It teaches that the greatest good is to seek modest pleasures in order to attain a state of tranquility, freedom from fear "ataraxia" and absence from bodily pain "aponia". Epicurus- was an ancient Greek philosopher who founded a highly influential school of philosophy now called Epicureanism. He was born on the Greek island of Samos to Athenian parents. Epicurean Concept of Happiness Epicurus believed that happiness is an end-in-itself and the highest good of human living. However, he identifies happiness with the pursuit of pleasure and the avoidance of pain rather than with the pure exerciseof reason. Pleasure is the highestgood, and anything elsethat is good is so only by virtue of the immediate or deferred pleasure that it can procure. Just as human beings can immediately feel that something is hot or cold, colorful or dull, so they can immediately feel that something is pleasurable or painful. However, not everything that is pleasurable should be pursued, and not everything that is painful should be avoided. Instead, a kind of hedonistic calculus should be applied to determine which things are likely to result in the greatest pleasure over time. 2 Types of Pleasures: 1. Moving Pleasure- involve the satisfying of a desire, for example, eating a meal when hungry. 2. Static Pleasure- involve the state of having had a desire satisfied, for example, feeling sated after eating a meal. It will free man from pain of need or want. 3 Types of Desires: 1. Natural and Necessary desires- are those food and shelter which are difficult to eliminate but naturally limited and both easy and highly pleasurable to satisfy 2. Natural but Non-necessary desires- are those luxury food and accommodation, 3. Vain desires- are those fame, power, or wealth which are inculcated by society and which are not naturally limited and neither easy nor highly pleasurable to satisfy. Learning Objective Lesson 7-B At the end of the discussion, the students will be able to: 1. Define Stoicism, 2. Define Egalitarianism, 3. Weigh in practicality of stoicism’s attitude, and 4. Value the significance of an egalitarian community. STOICISM- the stoics were those who studied under the Zeno from Stoa. They were labeled as the “indifferent ones”. These school of thought teaches resignation and determinism. Stoicism believed that human nature is part of a determined universe. It is man’s submission to nature that makes man seeks for virtue. In line with this, emotions are movements that are mere against to nature. Emotions are impediments to man’s striving. For them, a virtuous man is always in seek of peace of mind. There is only peace of mind when there is contentment.
  • 25. 25 Stoic Ways to react course of Nature: 1. In case you lost something……… For the Stoic one should believe that “you give it back”. 2. In case you have a broken relationship…..For the Stoic one should think “you deserve someone better than him/her” 3. In case someone in the family dies….For the Stoic one should think that “he return back to God”. Egalitarianism- relating to or believing in the principle that all people are equal and deserve equal rights and opportunities. An egalitarian favors equality of some sort: People should get the same, or be treated the same, or be treated as equals, in some respect. An alternative view expands on this last-mentioned option: People should be treated as equals, should treat one another as equals, should relate as equals, or enjoy an equality of social status of some sort. Learning Objective Lesson 7-C: At the end of the discussion, the students will be able to: 1. Identify the characters of the case, 2. Apply and resolve ethical dilemmas based from the case using the previous ethical theories mentioned in this lesson, and 3. Develop one’s standard of morality. Case Analysis: The Queen v. Dudley and Stephens. 14 Queens Bench Division 273 (1884) Criminal Law–Murder–Killing and eating Flesh of Human Body under Pressure of Hunger– ”Necessity”–Special Verdict–Certiorari–Offence on High Seas–Jurisdiction of High Court A man who, in order to escape death from hunger, kills another for the purpose of eating his flesh, is guilty of murder; although at the time of the act he is in such circumstances that he believes and has reasonable ground for believing that it affords the only chance of preserving his life. At the trial of an indictment for murder it appeared, upon a special verdict, that the prisoners D. and S., seamen, and the deceased, a boy between seventeen and eighteen, were cast away in a storm on the high seas, and compelled to put into an open boat; that the boat was drifting on the ocean, and was probably more than 1000 miles from land; that on the eighteenth day, when they had been seven days without food and five without water, D. proposed to S. that lots should be castwho should be put to death to savethe rest, and that they afterwards thought it would be better to kill the boy that their lives should be saved; that on the twentieth day D., with the assent of S., killed the boy, and both D. and S. fed on his flesh for four days; that at the time of the act there was no sail in sight nor any reasonable prospect of relief; that under these circumstances there appeared to the prisoners every probability that unless they then or very soon fed upon the boy, or one of themselves, they would die of starvation:
  • 26. 26 Held, that upon these facts, there was no proof of any such necessity as could justify the prisoners in killing the boy, and that they were guilty of murder. INDICTMENT for the murder of Richard Parker on the high seas within the jurisdiction of the Admiralty: At the trial before Huddleston, B., at the Devon and Cornwall Winter Assizes, November 7, 1884, the jury, at the suggestion of the learned judge, found the facts of the case in a special verdict which stated “that on July 5, 1884, the prisoners, Thomas Dudley and Edward Stephens, with one Brooks, all able-bodied English seamen, and the deceased also an English boy, between seventeen and eighteen years of age, the crew of an English yacht, a registered English vessel, were cast away in a storm on the high seas 1600 miles from the Cape of Good Hope, and were compelled to put into an open boat belonging to the said yacht. That in this boat they had no supply of water and no supply of food, except two 1 lb. tins of turnips, and for three days they had nothing else to subsist upon. That on the fourth day they caught a small [p. 274] turtle, upon which they subsisted for a few days, and this was the only food they had up to the twentieth day when the act now in question was committed. That on the twelfth day the turtle were entirely consumed, and for the next eight days they had nothing to eat. That they had no fresh water, except such rain as they from time to time caught in their oilskincapes. That the boat was drifting on the ocean, and was probably more than 1000 miles away from land. That on the eighteenth day, when they had been seven days without food and five without water, the prisoners spoke to Brooks as to what should be done if no succor came, and suggested that someone should be sacrificed to save the rest, but Brooks dissented, and the boy, to whom they were understood to refer, was not consulted. That on the 24th of July, the day before the act now in question, the prisoner Dudley proposed to Stephens and Brooks that lots should be cast who should be put to death to save the rest, but Brooks refused consent, and it was not put to the boy, and in point of fact there was no drawing of lots. That on that day the prisoners spoke of their having families, and suggested it would be better to kill the boy that their lives should be saved, and Dudley proposed that if there was no vessel in sight by the morrow morning the boy should be killed. That next day, the 25th of July, no vessel appearing, Dudley told Brooks that he had better go and have a sleep, and made signs to Stephens and Brooks that the boy had better be killed. The prisoner Stephens agreed to the act, but Brooks dissented from it. That the boy was then lying at the bottom of the boat quite helpless, and extremely weakened by famine and by drinking sea water, and unable to make any resistance,nor did he ever assentto his being killed. The prisoner Dudley offered a prayer asking forgiveness for them all if either of them should be tempted to commit a rash act, and that their souls might be saved. That Dudley, with the assent of Stephens, went to the boy, and telling him that his time was come, put a knife into his throat and killed him then and there; that the three men fed upon the body and blood of the boy for four days; that on the fourth day after the act had been committed the boat was picked up by a passing vessel, and the prisoners were rescued, still alive, but in the lowest state of prostration. That they were carried to the [p. 275] port of Falmouth, and committed for trial at Exeter. That if the men had not fed upon the body of the boy they would probably not have survived to be so picked up and rescued, but would within the four days have died of famine. That the boy, being in a much weaker condition, was likely to have died before them. That at the time of the act in question
  • 27. 27 there was no sail in sight, nor any reasonable prospect of relief. That under these circumstances there appeared to the prisoners every probability that unless they then fed or very soon fed upon the boy or one of themselves they would die of starvation. That there was no appreciable chance of saving life except by killing someone for the others to eat. That assuming any necessity to kill anybody, there was no greater necessity for killing the boy than any of the other three men. But whether upon the whole matter by the jurors found the killing of Richard Parker by Dudley and Stephens be felony and murder the jurors are ignorant, and pray the advice of the Court thereupon, and if upon the whole matter the Court shall be of opinion that the killing of Richard Parker be felony and murder, then the jurors say that Dudley and Stephens were each guilty of felony and murder as alleged in the indictment.” Readings: 1. https://www.psychologytoday.com/us/blog/hide-and-seek/201310/the-philosophy-epicurus.November 14, 2018 Article: The Epicurean Concept of Happiness. 2. http://justiceharvard.org/lecture-2-the-case-for-cannibalism/#1477504398584-5d76ef29-aab0 Article: The Queen V. Dudley and Stephens. November 14,2018 3. https://plato.stanford.edu/entries/egalitarianism/ Article: Egalitarianism.Stanford Philosophy of Encyclopedia.November 14, 2018 4. MaritimeEthics: UnderstandingMorality in the Tideline.Rucelio P. Vilar,Jobal PublishingHouse:2015. Pp.53-64 5. The Human Person: Not Real but Existing: Eddie R. Babor,Rex Book Store: 2007.Pp. 120-1209
  • 28. 28 ACTIVITY NO. 7 NAME:_____________________________________SECTION:_______________DATE:_______ 1. Explain the Epicurean saying: Do not spoil what you have by desiring what you have not; remember that what you now have was once among the things you only hoped for. 2. Provide a Stoic reaction to the following situations: a. You realize that you did not pass the board examination which you have taken for 5 times already. b. Accidentally you discovered that you are only an adopted child. c. Your parents asked you to stop studying because maritime education is expensive and they could no longer support your needs. 3. Provide a situation that there is egalitarianisminside the ship.
  • 29. 29 Lesson 8: Rights and Duties Learning Objective: At the end of the discussion, the students will be able to: 1. Define right, 2. Define Duty, 3. Define justice and 4. Use and execute one’s right and duty in order deliver justice to the community. RIGHTS- LITERALLY IT MEANS STRAIGHT OR NOT DISTORTED. OBJECTIVELY, RIGHT MEANS WHAT IS OUGHT TO BE DONE, EQUITTABLE, REASONABLE OR SOMETHING WHICH IS DUE TO OTHERS. 4 ELEMENTS OF RIGHTS: 1. SUBJECT- REFERS TO THE PERSON VESTED WITH THE POWER TO DO, TO HOLD OR TO EXACT SOMETHING AS HIS OWN 2. OBJECT- REFERS TO WHICH A PERSON HAS THE POWER OVER IT 3 KINDS OF OBJECTS OF RIGHTS: A. RIGHT TO COMMIT OR OMIT SOMETHING B. RIGHT TO KEEP, USE OR HOLD SOMETHING C. RIGHT TO DEMAND SOMETHING FROM OTHERS 3. TITLE-REFERS TO THE BASES OF RIGHT DEMANDED BY THE PERSON WHO HAS THE CAPACITY TO EXERCISE SUCH RIGHT 4. TERM-IT REFERS TO TIME OR DURATION TO EXERCISE THE RIGHT. DUTY MEANING OF DUTY- a moral or legal obligation; a responsibility or a task or action that someone is required to perform. 4 Principles on matters involving exemptions from Duty: 1. Common necessity never exempts one from duty; 2. No necessity exempts one from a negative natural duty; 3. Extreme necessity exempts one from affirmative natural duty provided there is no involved violation of negative natural law; and 4. Extreme necessity exempts one from the injunction of positive law as long as there is no violation of negative natural law involved. Justice and Morality-Is defined as the habit that enables one to give each and every human person his due or his own right. It comes from the Latin word ‘jus” which means right. Kinds of Justice: 1. General Justice- a person does what is right in relation to common good. a. Equity-based from the civil law
  • 30. 30 b. Common legal justice-does what is good for the common good. 2. Particular Justice-a person does what is right in relation to other person who is accountable with the inherent right a. Commutative justice- which one deals with equality or fairness of exchange b. Distributive justice-which a person wills to apportion of share the goods which belong to a community Readings: 1. http://www.yourarticlelibrary.com/essay/law-essay/relation-between-rights-and-duties/40374 Article: Relation between Rights and Duties. November 14, 2018 2. Ethics:The Philosophical Disciplineof Action. Eddie R. Babor, Rex Book Store: 2007.Pp. 199-205
  • 31. 31 ACTIVITY NO. 8 NAME:_____________________________________SECTION:_______________DATE:_______ Part I: Definition of terms: 1. What is Right? 2. What is Duty? 3. What is Justice? Part II. Essay 1. In case of jettisoned cargoes, how justice will be serve to those cargoes that were being sacrificed? 2. Give at least 3 duties you can perform as a maritime student in connection to marine protection and marine preservation.
  • 32. 32 Lesson 9: Code of Ethics for Filipino Marine Deck Officers and Filipino Marine Engineers Learning Objectives: At the end of the discussion, the students will be able to: 1. Identify their duties as a seafarer in the near future, 2. Demonstrate utmost ethical behavior in their respective duties, 3. Appraise limitations of their powers and duties, and 4. Value professionalism. (For the marine profession to progress and remain as an orderly and dignified profession, and to further maintain its fruitful standard of practice for the interest of the nation and the general public, these rules of professional conduct are hereby formulated and adopted as guidance for all its practitioners) Article I: GENERAL DEFINITION Section 1. A marine officer shall mean any person who holds a certificate as a deck officer and/or as a marine engineer of any grade. Section 2. A marine officer shall be covered by this Code even if he is under suspension, but his status as a marine officer shall cease if his license has been revoked for any cause. Section 3. A marine officer is said to have performed an act unethical to the profession if such action or actions are contrary to the established conduct here forth mentioned. Article II: DUTY TO THE PROFESSION Section 1. A marine officer shall strive to elevate, maintain and contribute to the honor and dignity of the profession. Section 2. He shall conduct himself with the traditional decorum of an officer and a gentleman, restraining himself from all acts contrary to the established rules of morality. Section 3. He shall continually improve his professional competency by keeping up to date with the latest technological and scientific knowledge being applied in the marine fields. Section 4. It shall be his obligation to keep himself in readiness for the next higher license by constant reading, diligent studies and keen observation of the shipboard activities. Section 5. He shall make financial gain secondary only to the service that the entire profession can render to the economic growth of the country. Section 6. A marine officer shall not hesitate to consult his fellow marine officers in matters that will affect the honor and integrity of the marine profession. Section 7. He shall expose, without fear or favor, to the proper authorities of the profession, corrupt or dishonest conduct of members of the profession whose existing practices can degrade the reputation of other practitioners. Section 8. Every marine officer should aid in safeguarding the profession against the admission to its rank persons who are unfit or unqualified in moral character or professional training.
  • 33. 33 Article III: DUTY OF THE STAFF Section 1. A marine officer,in his capacity as a person of high technical potentialitiesand delegated with leadership for the discipline of his men shall recognize and respect the 4 supreme authority of the state. Section 2. A marine officershall strive to become an exemplarycitizen by the devoted or fruitful fulfillmentof his civic duties. Section 3. He shall perform his professional duties in conformity with the existing laws. Section 4. He shall endeavor to assist and cooperate with the proper authorities in the enforcement of maritime and custom laws and regulations. Section 5. He shall offer to the state his full knowledge, experience and material possession in the interest of national security and especiallyin time of national emergency. Article IV: DUTY TO THE PUBLIC Section 1. Every marine officer shall compose himself as an officer and a gentleman, and act honorably when dealing with the general public. Section 2. He should be concerned foremost with the safety of every man, woman and child who boards his ship as a passenger by following all safety measures prescribed shipboard use. Section 3. He shall contribute his professional knowledge for the general welfare and comfort of the riding public to gain their respect and confidence. Section 4. He shall, above all, continually consider the preservation of life,health and property, even at the risk of his own life,to enhance the sense of public interest that is an integral obligation of the profession. Article V: DUTY TO A SUPERIOR Section 1. Marine officers in a subordinate capacity shall always render the traditional respect to a superior officer. Section 2. Subordinate shall render the necessary assistance, if possible above and beyond the call of duty, so that their superior, or the entire organization, can be assured of a successful operation of his assigned duties. Section 3. A subordinate shall strive to gain the confidence and respect of his superior through a prompt and efficientperformance of his assigned duties. Section 4. A marine officershall promptly and efficiently follow and obey all lawful orders of his superior without questioning his integrity. Section 5. A subordinate must always remember that he can only give recommendation to his superior and that final decision must be left to his superior’s discretion. Section 6. A subordinate must always remember the command responsibilityof a superior and must give the proper assistance within or beyond his specific duties. Section 7. A subordinate should never openly criticize the actuation of his superior with other subordinate officer, more particularly with unlicensedpersonnel. Section 8. In the event of inquiries he should only state actual facts but never his opinion as to whether his superior is right or wrong. Article VI: DUTY TO A SUBORDINATE Section 1. A superior officer shall always conduct himself with the proper decorum in his act or deeds and thoughts to set an example for his subordinate befittinghis rank or designation.
  • 34. 34 Section 2. He should give the necessary training, guidance and opportunities for the improvement of his subordinates’ competency and especiallyto overcome his shortcomings demanded by his license as a marine officer. Section 3. He should continually mold the character of his subordinates to impress the importance of command responsibility. Section 4. He should give merits unselfishlywhendue, to inspire his subordinates to achieve greater results. Section 5. He should not hesitate to listento advice of his subordinates but exercise discretion before implementation. Section 6. He should not hesitate to admit errors in his decision when it is obvious, but it must be done within the circle of his staff. Article VII: DUTY TO HIS FELLOW-PRACTITIONER Section 1. Every marine officer should work together in mutual cooperation and harmonious relationship by sharing individual knowledge for professional advancement. Section 2. He should associate with his colleagues in any reputable and recognized marine society to further broaden his knowledge. Section 3. He should never attempt to issue statements to the general public concerning the shortcomings of his fellowofficer. Section 4. The following specified acts of a marine shall be deemed to be unethical as a breach of professional ethics, subject to immediate disciplinary action. a. Open criticism of a fellowofficer without the knowledge of the other. b. Spreading false information on the professional competency and ability of other practitioner. c. Degrading a colleague in order to acquire his position. d. False recommendation on the competency of another officer. e. Maliciously withhold information or knowledge to place others in a controversial situation. f. Tending to accept a position lower than his highest license to displace another officer applying for the same. g. Exerting political influence to displace a co-marine officer or engineer. h. Certifying that he can work better or could render service more satisfactorily than another. i. Openly expressingthat he holds exclusive methods of practice or style of service. Article VIII: VIOLATION AND EFFECTIVITY Section 1. Non-compliance with any of the provisions of this Code shall be deemed sufficient grounds for proceeding against a marine officer and/or engineer which may lead to suspension or revocation of his license or licenses. Section 2. This Code of Ethics shall take effect upon approval hereof of the President of the Philippines. Done in the City of Manila, this 14th day of March, 1968. Source: https://www.prc.gov.ph/uploaded/documents/Board%20for%20Marine%20Deck-SB.pdf
  • 35. 35 ACTIVITY NO. 9 NAME:_____________________________________SECTION:_______________DATE:_______ Case Analysis: Romeo Hambog Co claimed that he is a licensed chief engineer and was able to set sail around the world. Wanting to stop sailing and acquire teaching position he decided to apply as a maritime instructor at PMI-Colleges, Bohol. Presenting all his pertinent documents to the school except that he was not able to present his chief engineer license because according to him it is already expired. The PMI administration accepted C/E Romeo Hambog Co and started teaching in the said institution. One fateful day, the HR representative of PMI-Bohol discovered thru verification at the PRC office the Mr. Hambog Co is not a chief engineer but only a 2nd engineer. Is there any code of ethics violated by Romeo Hambog Co? Why? First time to climbed on-board in an international cruise ship, Mr. Agapito De Malate summed up all his expenses in training, medical examination and other short-term courses in order to be part of the crew realized that he was able to spend 75,000.00Php. Agapito created a Vlog expressing all his negative sentiments especially to the training centers that are charging them excessively, medical certifications that are charging them quite high compared to other hospitals and allother short courses that are not yet necessarybut are required to take up. When his Vlog aired, many Filipino seamen have been persuade by his contention and created a protest draft asking the MARINA to evaluate all the trainings demanded by the manning and shipping agencies. Is Agapito De Malate has the legal right to question the trainings set by MARINA? Is there any code of ethics violated by him? Why?
  • 36. 36 ACTIVITY NO. 10 NAME:_____________________________________SECTION:_______________DATE:_______ 1. Enumerate the following situations when such act of a marine is considered to be unethical and therefore committed breach of professional ethics: 2. When a seafarer be it a high-ranking official or just a subordinate be allowed to have more than one families at the same time? Is there any breach of professional ethics of Filipino Seafarers committed? Why?
  • 37. 37 Lesson 10: Protectionof Filipino Seafarers Learning Objective: At the end of the discussion, the students will be able to: 1. Describe the hardships of seafarers seeking for job, 2. Recognize the importance of maritime industry in the country, 3. Develop the value of hard work, and 4. Develop desirable behavior to overcome trials in life. Article Reading: There are now more than one million Filipino seafarers registered at the Philippine Overseas Employment Agency or POEA (Ty, 2001). Yearly, Philippine maritime schools and training centers produce around 20 thousand new graduates; of which only a small percentage will find a job at sea (Ty, 2001). Lured by promises of higher salary and foreign travel, and reinforced by the fact that the local shipping industry cannot absorb them, Filipino seafarers have to compete for work in this ever-tightening global market. Official figures from the POEA show that the deployment of sea-based workers abroad have steadily increased over the years, reaching 209,593 in 2002. The legal rights of Filipino seafarers come from two primary sources: the law and their employment contract. The Philippine Constitution of 1987 mandates the State to "afford protection to labor, local and overseas, organized or unorganized, and promote full employment and equal employment opportunities for all". It also guarantees the right of Filipino workers to "humane conditions of work". The Philippine Labor Code of 1974 sets provisions on overseas employment of our workers, the hiring and employment of seafarers, the creation of the National Seamen's Board or NSB, operations of crewing agencies, unionism, dispute settlement, the right to collective bargaining, the right to strike, and related aspects which have implications on seafarers. Further, the Code sets legal provisions on occupational health and safety promotion and enforcement. Philippine Republic Act 8042, otherwise known as the Migrant Workers and Overseas Filipino Act of 1995, is also an essential source of legal rights for our seafarers. The Act provides for specific policy thrusts such as the guarantee of migrant workers’ rights; deregulation or phase out of regulatory functions of specific government agencies, stricter rules on illegal recruitment and the corresponding penalties for such activities, selective deployment, and repatriation of workers, and reintegration programs for return migrants. Further, the Act specifically declared that "the State shall deploy overseas Filipino workers only in countries where the rights of Filipino workers are protected." The government recognizes any of the following as a guarantee on the part of the receiving country that it affords the
  • 38. 38 protection of our workers: the country has existing labor and social laws protecting the rights of migrant workers; has signed multilateral conventions, declaration or resolutions relating to the protection of migrant workers; has concluded a bilateral agreement with the government protecting OFWs; and has been taking a positive concrete measures to protect the rights of migrant workers. On the other hand, the contract is the most important document concerning seafarers' employment. Philippine laws require that the POEA approve the said contract before seafarers begin to work overseas. Shipping companies and employment agencies are required to use the Revised Standard Employment Terms and Conditions Governing Employment of Filipino Seafarers On-Board Ocean-Going Vessels, designed to protect seafarers' rights, or a collective bargaining agreement that meets or exceeds the minimum requirements of the POEA Standard Employment Terms and Condition (Center for Seafarers' Rights, 2001). Any deviations from the terms of this contract shall be made only with the approval of the POEA (Center for Seafarers' Rights, 2001). In the Standard Terms and Conditions Governing the Employment of Filipino Seafarers On- Board Ocean-Going Vessels prescribed by the POEA it was clearly pronounced that among the duties of the employer/agency/master are the following: 1. To faithfully comply with the stipulated terms and conditions of this contract, particularly the prompt payment of wages, remittance of allotment and the expeditious settlement of valid claims of seafarers. 2. To make operational on board the vessel the grievance machinery provided in this contract and ensure its free access at all times by the seafarer. 3. To provide a seaworthy vessel for the seafarer and take all reasonable precautions to prevent accident and injury to the crew including provision of safety equipment, fire prevention, safe and proper navigation of the vessel and such other precautions necessary to avoid accident, injury or sickness to the seafarer. 4. To observe the Code of Ethics for Seafarers and conduct himself in the traditional decorum of a master. With these policy statements, we can discern that ensuring a safer and healthier work environment has long been recognized as a major factor for the protection of maritime workers' rights. However, in as much as it is recognized that the State has indeed come up with commendable policies, there is also a widespread recognition of the need to build capacity and sincerity to implement, and to fund programs envisioned by all these policies. Later on, we can see how assertive action especially on the part of the employers and to a large extent, unclear and stringent policies on the part of the government, are making health and safety remain to be an elusive goal for Filipino seafarers overseas.
  • 39. 39 Situation of Filipino Seafarers Seafarers are fixed term contractual employees. The POEA standard employment contract for seafarers specify that period of employment should not be longer than 12 months and any extension of the contract shall be subjected to the mutual consent of both parties. The process of employing Filipino seafarers abroad embodies a trilateral employment relationship that involves the local recruiting agent (i.e., crewing or manning agency), the foreign ship owner, and the crew (Amante, 2003). The ordeal of a Filipino seaman starts even while he is still looking for a job on the high seas – during the "job search" period. In his research entitled Philippine Global Seafarers: A Profile, Amante (2003), a Mols Sorenson research fellow at Cardiff University - Seafarers International Research Centre in United Kingdom and a Professor at the University of the Philippines - School of Labor and Industrial Relations, described the job search as the period covering the time spent applying, the time spent processing papers for a new employment contract, and the time spent waiting to board the ship. The job search period is no easy for a Filipino seafarer. In the same research mentioned, Amante (2003) found out that seafarers studied spent 7.2 months on the average for job search – senior officers spent 7.3 months for job search, junior officers' time is slightly less at 6.9 months, ratings spent 7.3 months and cadets had the longest job search period at 13 months (Amante, 2003). This is in comparison with a 9.9-month average length of the seafarers' employment contract – senior officers had an average contract of 9.5 months, junior officers had 9.3 months, ratings had slightly longer contracts at 9.8 months and cadets had 10.8 months (Amante, 2003). This means that seafarers spent about the same time looking for a job as they spent working on board. Another problem confronting seafarers is the prevalence of unscrupulous recruitment agencies. In the past, the basic routine of corrupt recruitment agencies is to ask from prospective seafarers a huge amount of money in order to get a break in the seafaring occupation. Although some agencies, particularly those with established names, have already improved, there are still a few which are doing this type of exploitation except that nowadays, their operations have gone worse (Ty, 2001). The extent of abuse especially to newcomers has become very degrading (Ty, 2001). For instance, manning agencies which has other businesses like construction companies, piggery, poultry, farms, fishponds, etc. are using the new graduates to work without pay for as long as one year in exchange of the chance to get their first work experience on board ship. Others agencies also use their new graduate applicants to work for them as janitors, messengers, car washers, and other similar jobs. Some of them are even made to pay for "training fees" (Ty, 2001). The worst part is that trainees are not really assured of a job after the "training"; they could only hope as manning agencies usually defend that they also have a long
  • 40. 40 list of trainees waiting on line. During the enlistment, applicants are simply given the choice to "whether take or leave the job" because anyway, with thousands of graduates desperate to find a job at sea, there would be a lot of them who will be willing to try and take chances. Another thing is the increasing greediness of these private agencies in terms of charging fees to their recruits. Unlike in the past when placement fee is paid directly, nowadays, a manning agency will just ask the seaman to sign a document stating that he owe the agency a certain amount of money and this is done when he is already in the airport so as not to give the seaman much option but to sign on the document (Ty, 2001). What is more disappointing though is the fact that seafarers do not only suffer from private entities. Amante (2003) revealed that seafarers complain about "expensive, time-consuming, overlapping procedures, as well as red tape in the processing of papers, certificates and documents" in terms of their dealings with government agencies. They are made to go back and forth in different agencies for their papers and the overlapping functions of government agencies breed fraudulent certification, corrupt fixers, extortion and inconsistencies in policy implementation (Amante, 2003). Yet, the ordeal of common Filipino seafarers do not end there. Once onboard, seafarers are again set to face another ordeal. Crescencio M. Siddayao, former head of the National Seamen Board once said: Seafarer’s employment is unique in the sense that employment aboard ocean-going ship inevitably subjects the worker to rigorous isolation and confinement. The ship is not only a place of work for him but also a home. He lives a regimented life throughout the employment period -- at work or off duty. He is at all times subject to the command or whims of the master of the ship. Also, he is at the mercy of the perils and danger of the high seas. Indeed, it is well known that Filipino seafarers are not having smooth sailing -- many of them are victims of discrimination, abuse, maltreatment and unfair labor practices (Opiniano, 2000). Source: 1. Article: Ensuring Occupational Health and Safety for Overseas Filipino Seafarers; Virgel C. Binghay, Associate Professor, School of Labor and Industrial Relations University of the Philippines, E-mail: vcbinghay@ph.inter.net
  • 41. 41 ACTIVITY NO. 11 NAME:_____________________________________SECTION:_______________DATE:_______ Reflection Paper: In 200 words, after reading the article above, how determine are you to achieve your dream to be become a seafarer? Are you willing to experience the obstacles that the present seafarers are dealing? Why?
  • 42. 42 ACTIVITY NO. 12 NAME:_____________________________________SECTION:_______________DATE:_______ Maritime Students in Action: Interview any of your Maritime Instructors and lists some of the ordeals they encountered on the following situations: (Paste a picture as a proof of your interview) a. First-Time Applicant- b. Loneliness and sexual needs- c. Handling family issues despite on absence and distance-