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Philippine Government and Constitutioncourse Guide

Philippine Government and Constitutioncourse Guide

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Published by: Marilie Joy Aguipo-Alfaro on Nov 26, 2012
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PHILIPPINE GOVERNMENT AND CONSTITUTION Course Guide A: Course Overview: This course presents basic concepts, principles, processes

, rights and institutions necessary for the understanding of the framework of the Philippine Government and the fundamental charter from which it is founded (the Constitution). B: Course Goals: At the end of the semester, you are expected to: 1. Acquire basic knowledge regarding the concepts and principles behind Philippine Government and Constitution; 2. to apply this basic knowledge for you to critically analyze and formulate intelligent opinions on certain political issues besetting the Philippine government; and 3. to better exercise your rights and discharge your corresponding obligations to others as responsible members of a democratic society. C: Materials: In taking this subject, you are required to secure a copy of this course guide as well as all of the modules containing the topics to be covered and study guides, if any. You must also refer to any of the updated editions of textbooks on the subject and to the 1987 Philippine Constitution. Newspaper broadsheets and journals will also be used in relating concepts being studied to contemporary political issues.

D. Topics and Subject Matter: PRELIM I. Politics, Power and Authority 1. Concepts of Politics a. Neutral Concept

2. According to Legitimacy De Facto (Government of Force) De Jure (Government of Law) c.2 Charismatic Authority b. General and Specific Functions of the Government b. The Bases of Authority (Legitimate Power) by Max Weber b.1. Radical View b. Evaluative Concept c. Physical and Political Element 2. The Statea.3 According to the relationship between the three branches of government . Classification and Forms of Government c.1 According to Seat of Power Monarchy Oligarchy or Aristocracy Democracy Dictatorial Government Military Governmentc. Power: The Tool of Politics a. Conservative View a. The Concept of the State. 2.b. Definitionb. Liberal View a.1 Traditional Authority b. Pejorative Concept 2. The Government a. Views on Power a.3 Legal-Rational Authority II.3. The Inherent Powers of the Government Power of Eminent Domain Police Power Power of Taxation c. Government and Constitution 1.

4 According to the extent of power of the national government Unitary Federal 3. The Preamble and the Philippine National Territory (Art. The importance of defining the national territory 4. Methods of Constitutional Amendments or Revisions Constitutional Convention Constituent Assembly Initiative MIDTERM III. Classification and Forms b.3 According to difficulty of amendment or revision Rigid or Inelastic Flexible or Elastic c. Meaning and Objective of a Preamble 2.2 According to Form Written Unwritten b. National purposes and aims in adopting the Philippine Constitution as set forth in the preamble 3.1 According to Origin Conventional or Enacted Cumulative or Evolved b. The Archipelagic Principle of Territoriality .Presidential Parliamentary c. Nature and Purpose of the Constitution b. The Constitution a. Scope of the Philippine national territory 5. I) 1.

The National Principles of the Philippine Republic (Art. justice. equality. 2) a. II) 1. 1) a. freedom. cooperation and amity with all nations. 3. (Sec. The supremacy of civilian authority over military authority (Sec. Philippine Territorial Claims IV.To serve and protect the people as the prime duty of the government (Sec. right of minority and check and balances -passage of irrepealable laws -suability of the State b. Means through which Filipinos exercise sovereignty 2. The Philippines being a democratic and republican state. 4) 5. 3) 4. Adoption of international law as part of the law of the land. c. (Sec.6. Principles governing foreign policy. Renunciation of [aggressive] war as an instrument of national policy. protection of life. Manifestations of a Republican State.5) . Adherence to the policy of peace. liberty and property and promotion of general welfare as essential factors for the enjoyment of the blessings of democracy. b. (Sec. Peace and order.

Natural Rights b. Political Rights5. Sec. Social and Economic Rights a. liberty and property b. Political Personality (Citizenship) 4. Statutory Rights 4. Right to life. The inviolability of the separation of Church and State.6. 6) d State V.1) Meaning of due process of law Aspects of due process of law (procedural and substantive due process) . Definition of Right2. Classes of Rights a. III. Human Rights 1. Right to due process of law (Sec. Classes of Constitutional Rights a. Civil Personality Natural Person Juridical Person b. (Sec. liberty and property (Art. The Term in Legal Context a. Constitutional Rights Political Rights Civil Rights Rights of the Accused c. Civil Right Social and Political Rights Rights of the Accused b.1) Meaning of deprivation of life.

XIII. 1 and 2) j. 9) i. Sec. Freedom of Expression (Art.c. 18 / Art XIII. (Sec. Sec. Right to education (Art. Meaning and Implications of Citizenship 2. Sec. Liberty of Abode and the Right to Travel (Art. 11-12) 6. Sec. III. III. Right to equal protection of the laws (Art. 1) d. III. Involuntary Method Jus sanguinis Principle Voluntary Method (Naturalization) . Right to just compensation for private property taken for public use.Clear and Present Danger Test and Dangerous Tendency Test) g. Right against unreasonable searches and seizures (Art. Sec. Sec. Sec.21) VI. II. III. 11 . Citizenship (Article IV) 1. III. Sec. 4) Speech Press Assembly Petition Association (Art. III. Sec. III. Methods of Acquiring Citizenshipa. XIV. 6) h. Sec. The Plain View Doctrine e. 3)DEPARTMENTAL f. Sec. 2) Meaning of Search Warrant and Warrant of Arrest Requirements for the issuance of a warrant Instances when searches and seizures can be done without a warrant. Sec. 3) k. Right to privacy of communication and correspondence (Art. Rights of the Accused (Art. Right to labor (Art. 8) Religious freedom (Art. Right to health (Art. III. 5) Tests of Reasonable Restrictions on the Freedom of Expression (Obscenity Test.

Election b. Steps in the Passage of a Bill B. Meaning of a Bill. Legislative Department (Article VI) 1. Qualifications of Filipino Voters FINAL VIII. Sessions of Congress Executive 2. Forms of Suffragea. Composition c.3. Recall c. Initiative 3. Suffrage (Article V) 1. Referendume . Statute and Resolution 3. Plebiscited . The Philippine Congress a. The Three Branches of the Philippine Government A. Kinds of Citizena. Meaning of Executive Power . Powers of Congress gislative Powers d. Naturalized VII. Meaning of Suffrage 2. The Philippine Executive Branch (Article VII) 1. Natural-Bornb.

2. 1) Grounds for Disciplinary Action in the Civil Service Impeachment a. Accountability of Public Officers (Art. Secs. Secs. Meaning . The Cabinet and Government Executive Agencies C. XI. XI) The Nature of Public Office (Sec. Powers of the President 4. IX. VI. Impeachable Officials c. Sec. XIII. IX) Civil Service CommissionCommission on Audit Office of the Ombudsman (Art. The Philippine Judicial Branch (Article VIII) 1. Meaning and Scope of Judicial Power 2. 17-19) X. Sec. Powers of the Supreme Court 4. 5-14) Commission on Human Rights (Art. Organization and Jurisdiction of Philippine Courts 3. Constitutional Commissions (Art. 2[3]) . Qualifications. Term of Office and Maximum Terms of the President and the Vice-President 3. Nature and Purpose of Impeachment b. Sec. 17-19) Electoral Tribunals Commission on Appointments in Congress (Art. VI. 11) CSC Officers and Employees (Art. Procedures and Penalty for Impeachment Cases Removal of Other Officials Members of Congress (Art. Qualifications for the members of the Supreme Court IX. Grounds. B-Sec. IX. 16[3]) Lower court judges (Art.

.Cabinet Members Sandigan bayan: Anti-Graft Court Office of the Ombudsman (Tanodbayan) E. and Final). Course Requirements: To pass the course. Midterm. Departmental. Other requirements include written compositions. case studies/analysis and participation in a graded recitation to be conducted towards the end of every grading period. you must attend classes regularly and obtain a passing average of the marks of the four (4) periods (Prelim.

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