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 b. Evaluative Concept c. Pejorative Concept 2. Power: The Tool of Politics a. Views on Power a.1. Conservative View a.2. Liberal View a.3. Radical View b. The Bases of Authority (Legitimate Power) by Max Weber b.1 Traditional Authority b.2 Charismatic Authority b.3 Legal-Rational Authority II. The Concept of the State, Government and Constitution 1. The State a. Definition b. Physical and Political Element 2. The Government a. General and Specific Functions of the Government b. The Inherent Powers of the Government ͻ Power of Eminent Domain ͻ Police Power ͻ Power of Taxation

The Constitution a. Scope of the Philippine national territory 5.c.1 According to Seat of Power ͻ Monarchy ͻ Oligarchy or Aristocracy ͻ Democracy ͻ Dictatorial Government ͻ Military Government c. I) 1. National purposes and aims in adopting the Philippine Constitution as set forth in the preamble 3.1 According to Origin ͻ Conventional or Enacted ͻ Cumulative or Evolved b.2 According to Form ͻ Written ͻ Unwritten b. Nature and Purpose of the Constitution b.3 According to difficulty of amendment or revision ͻ Rigid or Inelastic ͻ Flexible or Elastic c.2. Classification and Forms of Government c. Classification and Forms b. Philippine Territorial Claims IV. Meaning and Objective of a Preamble 2. The Archipelagic Principle of Territoriality 6. The importance of defining the national territory 4. II) .3 According to the relationship between the three branches of government ͻ Presidential ͻ Parliamentary c. Methods of Constitutional Amendments or Revisions ͻ Constitutional Convention ͻ Constituent Assembly ͻ Initiative MIDTERM III.4 According to the extent of power of the national government ͻ Unitary ͻ Federal 3. According to Legitimacy ͻ De Facto (Government of Force) ͻ De Jure (Government of Law) c. The Preamble and the Philippine National Territory (Art. The National Principles of the Philippine Republic (Art.

Classes of Constitutional Rights a. liberty and property and promotion of general welfare as essential factors for the enjoyment of the blessings of democracy. b. Political Personality (Citizenship) 4. (Sec. Classes of Rights a. 3) ͻ Manifestations of civilian supremacy 4. Principles governing foreign policy. Natural Rights b. 6) ͻ Manifestations of the separation of Church and State. Civil Personality ͻ Natural Person ͻ Juridical Person b. cooperation and amity with all nations 3. Renunciation of [aggressive] war as an instrument of national policy. The Philippines being a democratic and republican state. The inviolability of the separation of Church and State. ͻ Human rights ͻ Rule of the majority and the right of minority ͻ Government of laws and not of men ͻ Elections through popular will ͻ Separation of powers and check and balances ͻ Non-passage of irrepealable laws ͻ Existence of the law on public officers ͻ Non-suability of the State b. (Sec. justice. (Sec. To serve and protect the people as the prime duty of the government (Sec. Adherence to the policy of peace. 1) a. (Sec.1.5) 6. Human Rights 1. Means through which Filipinos exercise sovereignty ͻ Directly through suffrage ͻ Indirectly through public officials 2. The supremacy of civilian authority over military authority (Sec. 2) a. The Term ͞Person͟ in Legal Context a. equality. V. Adoption of international law as part of the law of the land c. Civil Rights . Constitutional Rights ͻ Political Rights ͻ Civil Rights ͻ Rights of the Accused c. 4) 5. Peace and order. Definition of Right 2. protection of life. Statutory Rights 3. freedom. Manifestations of a Republican State.

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

Recall c. Voluntary Method (Naturalization) 3. Plebiscite d. Kinds of Citizen a. Powers of Congress ͻ General Legislative Powers ͻ Specific Powers ͻ Implied Powers c. Powers of the President 4. Sessions of Congress ͻ Regular ͻ Special ͻ Executive ͻ Closed 2. Composition ͻ The House of Senate ͻ The House of Representatives b. The Philippine Congress a. Meaning of a Bill. Term of Office and Maximum Terms of the President and the Vice-President 3. The Cabinet and Government Executive Agencies . The Three Branches of the Philippine Government A. Legislative Department (Article VI) 1. Initiative 3. The Philippine Executive Branch (Article VII) 1. Referendum e. Natural-Born b. Meaning of Executive Power 2. Qualifications of Filipino Voters FINAL VIII. Steps in the Passage of a Bill B. Qualifications. Meaning of Suffrage 2. Election b. Statute and Resolution 3. Naturalized VII. Suffrage (Article V) 1.ͻ Jus soli/loci Principle b. Forms of Suffrage a.

F. Secs. Impeachable Officials c. Organization and Jurisdiction of Philippine Courts 3. Nature and Purpose of Impeachment b. Other requirements include written compositions. B-Sec. case studies/analysis and participation in a graded recitation to be conducted towards the end of every grading period. XI. Sec. 5-14) Commission on Human Rights (Art.C. . References: All the topics of the lecture were posted at www. Midterm. XI) The Nature of Public Office (Sec. 2[3]) Cabinet Members Sandiganbayan: Anti-Graft Court Office of the Ombudsman (Tanodbayan) E. Meaning and Scope of Judicial Power 2. Departmental. Grounds. 16[3]) Lower court judges (Art. 17-19) X. IX) Civil Service Commission Commission on Audit Office of the Ombudsman (Art. Powers of the Supreme Court 4. Sec.blogspot. Meaning . 17-19) Electoral Tribunals Commission on Appointments in Congress (Art.philgovernment. The Philippine Judicial Branch (Article VIII) 1. Accountability of Public Officers (Art. XIII. 1) Grounds for Disciplinary Action in the Civil Service Impeachment a. Course Requirements: To pass the course. Secs. IX. VI. Sec. you must attend classes regularly and obtain a passing average of the marks of the four (4) periods (Prelim. and Final). Constitutional Commissions (Art. Qualifications for the members of the Supreme Court IX. Procedures and Penalty for Impeachment Cases Removal of Other Officials Members of Congress (Art. 11) CSC Officers and Employees (Art. IX.

Agusan del Norte or you may call me at 343-2192 during office hours.loy@gmail. In case of matters that need my immediate personal intervention. Principles of Political Science (Aruego) Brgy. . Grading System: Final grade shall be determined by AVERAGING the marks of the four (4) periods (Prelim Grade + Midterm Grade + Departmental Grade + Final Grade ÷ 4). I prefer to be contacted at my email address atty. Discourses on the 1987 Philippine Constitution 3. Grades for each period shall be determined as follows: Quizzes Major Exams Assignments Projects Oral Participation/Attendance/Behavior 15% 40% 10% 20% 15% H. The Constitution of the Philippines: Notes and Comments by Emmanuel T. Contact Information and Consultation Hours: For class-related concerns. especially those which are readily available at the school library. De Leon 2. Fundamentals of Political Science (Ayson) 4. Santos 3. you may see me at my office at Compendio Law Office. which may be related to the lesson being taken up. Textbook on the 1987 Philippine Constitution by Hector S. The following are the suggested title of the reference textbooks: 1. Nasipit.You are free to consult any reading materials. 5.