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

The Bases of Authority (Legitimate Power) by Max Weber b. Liberal View a. 2.3 According to the relationship between the three branches of government . The Inherent Powers of the Government Power of Eminent Domain Police Power Power of Taxation c.3. Conservative View a.1.3 Legal-Rational Authority II. Government and Constitution 1. Physical and Political Element 2. Pejorative Concept 2. According to Legitimacy De Facto (Government of Force) De Jure (Government of Law) c.1 Traditional Authority b. The Government a. The Statea.1 According to Seat of Power Monarchy Oligarchy or Aristocracy Democracy Dictatorial Government Military Governmentc.2. Radical View b.b. Power: The Tool of Politics a. Definitionb.2 Charismatic Authority b. General and Specific Functions of the Government b. Views on Power a. Classification and Forms of Government c. Evaluative Concept c. The Concept of the State.

The Preamble and the Philippine National Territory (Art. The Constitution a. The importance of defining the national territory 4.Presidential Parliamentary c. National purposes and aims in adopting the Philippine Constitution as set forth in the preamble 3. The Archipelagic Principle of Territoriality . I) 1. Nature and Purpose of the Constitution b.2 According to Form Written Unwritten b. Meaning and Objective of a Preamble 2.3 According to difficulty of amendment or revision Rigid or Inelastic Flexible or Elastic c.4 According to the extent of power of the national government Unitary Federal 3.1 According to Origin Conventional or Enacted Cumulative or Evolved b. Classification and Forms b. Methods of Constitutional Amendments or Revisions Constitutional Convention Constituent Assembly Initiative MIDTERM III. Scope of the Philippine national territory 5.

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

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

Sec. 5) Tests of Reasonable Restrictions on the Freedom of Expression (Obscenity Test. 9) i. Right against unreasonable searches and seizures (Art. Sec. Sec. Sec. III. Sec. The Plain View Doctrine e. Sec. Sec. Freedom of Expression (Art. 18 / Art XIII. XIII. 1 and 2) j. Methods of Acquiring Citizenshipa. III. Meaning and Implications of Citizenship 2. Liberty of Abode and the Right to Travel (Art. 8) Religious freedom (Art. Citizenship (Article IV) 1. III. Right to labor (Art. Rights of the Accused (Art. XIV. III. 3)DEPARTMENTAL f. Sec. (Sec. Right to health (Art. 11-12) 6. III. 4) Speech Press Assembly Petition Association (Art. III. Sec. III. Right to privacy of communication and correspondence (Art. 6) h. 1) d.Clear and Present Danger Test and Dangerous Tendency Test) g. Right to equal protection of the laws (Art. Right to just compensation for private property taken for public use. III. Sec.21) VI. 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. 3) k. Right to education (Art. 11 . Involuntary Method Jus sanguinis Principle Voluntary Method (Naturalization) .c. Sec. II.

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

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

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

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