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PGC | Philippine Government & Constitutio

First Quiz just notes


THE CONCEPT OF STATE
State
o Community of persons more or less numerous in number occupying the definite territory
with government free of external control
o Elements:
People
A state cant be a state without rational beings
World is governed by laws of men
People determines the law that can be applied
Laws in this context: Laws of men ; not laws of nature
Law: Law is ordinance of reason promulgated by the authority for the
common good
o 4 elements
Reason
Rule of action
Anything that governs us is of reason
Promulgated/Promulgation
o Act of making
o Informing others of the law
o Congress is mandated/required to
publish laws
By the authority
Congress makes the law
Everything that we do is provided by the
congress
National in scope
Local scope: mini-congress
o Ordinance: available only to the place
where official is elected
Ordinance
For the common good
Majority: 50%+1
Territory
Not limited to the land
Pertains to the land, water, sea and air
Countr has exclusive power and right
If youll go to the other country, youll pay
You have to know your territory
o As a sovereign people, you are free to go to your territory
without asking permission

Government
Agent of state ; not the actual state
Forms of government
o Monarchial
Run by royalties
Saudi, Brunei, Bahrain, UAE
The King and Queen has actual powers
Note: England is not a monarchial country ; the
establishment of king & queen there is ceremonial only
o Parliamentary
Makes law
Run by a prime minister
Provinces will elect members of parliament
Members of parliament will choose prime minister
In this context, anytime they can change a prime minister
o Presidential
The act of directly choosing a leader
Sovereignty
Capability of a country to decide on its own in running its business
Free of external control
As a country, we have our own power

3 Equal Branches
o Executive
The president is the only member
Alter-egos: Representatives / secretary of departments
o Legislative
Composed of senators & representatives
Makes law
House of representatives
Composed of district representatives & party list representative
o Judiciary
Supreme court, justices
Interprets the law and invalidates if its against the constitution

3 Inherent Powers of the State
o Inherent: nothing gives this power of the state
o Power of taxation
Is the power of the state exercised by the government to collect of money from
the people and this money is called taxes in order to pay governments expenses
Money generating income of government
LRT
SLEX, NLEX
PCSO
LTO (renewal)
Airports
Philippine ports
Franchise fee (LTRFB)
Characteristics of tax
Progressive taxation
o Your income increases, tax increases
Regressive taxation
o More income, less taxes
Obligatory in nature
o Power of eminent domain
Power of the state exercised by the government to take property
For public use
o Cannot take for their own benefit
There is a just compensation
o Letting the government sell your property based on the assessed
value of the property.
o Police power of the state
Power to enact, make, create modify laws for the general welfare of the people
Power to make laws

THE CONSTITUTION
Preamble
o Is not a part of constitution
o Introduction of the constitution
o Sentimentality of the Filipino people about our sovereignty
*The constitution is not global, it does not affect other countries.
Philippine Territory
o Terrestrial, aerial, fluvial domains
Aerial: High above the humans could go
Restumones: the thing for everyone (no one owns the moon, the sun etc)
o Farthest island in the north: Yami Island
o Territory limitations:
Plotting the outermost line using straight baseline method
Coverage: 12 nautical miles from the straight baseline (19KM Local)
Territorial sea:
24KM from straight baseline (contiguous zone)
200 nautical miles (exclusive economic zone)
350 nautical miles (extended continental shelf)



*Pacific ocean
- anyone could go without permission

BILL OF RIGHTS
Article 3
o Bill of rights is a set of rights provided by the people for the possible abuses of the
government officials
Government: exercising the power of state
State is only an idea
People is aware that people made up the government
1
st
step: Divide the government to 3 branches
Each branches check each balance of each other
People directly provided specific rights in order to protect from
government
o Section 1, Article 3
Consists of 2 rights
Refers to due process
o Equal protection of the law
o Due process
Giving the opportunity of the person to be heard
Opportunity explain himself/herself
o 2 aspects
Substantive
The manner that a bill became a law
Bill became a law if initiated
o 1
st
reading: Reading of the title
o 2
nd
reading: Debate and discussion
o 3
rd
reading: Vote if to pass the bill
o Senate accept bill, & co-sponsor it. Bill
will be passed to president for approval.
o If the readings are executed in a
shortcut manner, it will be called a
denial substantive due process and will
be denied
o Effectivity of a law is upon publication
Procedural
The manner a person is treated when crime is
committed
Person undergo steps to ensure rights are
protected
Elements of procedural due process
o Notice of allegation
First step
Allows a person to know what
he is accused of
Maybe notified through the use
of demand letter
o Arraignment
Stage in the proceeding where
the court accept or deny
Oppurtunity to shorten or
lengthen the proceedings
o Oppurtunity to present evidence
Accused would actually present
evidence
Types of evidence
Documentary (title, receipt,
diploma, etc)
Object (object that is
involved in the crime)
Testimonial
a. Not limited to what
you saw (maybe
what you felt,
tasted, smelled,
heard)
b. Personal knowledge
of the enact
c. Hearsay witness is
not reliable
o Decision must be based on evidence alone
o Bribery is not allowed
o Disregard the influences
o Concentrate on evidence, not
lawyers

*Equal protection of the law
Is the government allowed to discriminate people?
o Constitution allows discrimination
o Discrimination is a tool to provide services
o Discrimination not in a American context
o Discrimination to have privileges
When could the government could discriminate?
o Substantial distinction
Standard that is capable of being measured
Quantifiable
Sample:
Discounts
o Senior via age (starts from 60+)
Paternity leave
o Father via weding certificate
Tourism industry
o Jobs that requires height requirement

SUMMARY OF ENUMERATIONS
Elements of state
o People
o Territory
o Government
o Sovereignty
4 Elements of Law
o Reason
o By the authority
o Ordinance
o For the common good
Forms of Governm
ent (only those that are discussed)
o Monarchial
o Parliamentary
o Presidential
3 Equal branches of Philippine Government
o Executive
o Legislative
o Judiciary
3 Inherent Powers of State
o Power of Taxation
Characteristics of Tax
Progressive
Regressive
o Power of Eminent Domain
o Police power of the state
Section 1, Article 3
o Due process
Aspects of Due Process
Procedural
o Elements of Procedural
Notice of allegation
Arraignment
Oppurtunity to present evidence
Decision must be based on evidence alone
Substantive
Note: Please memorize PREAMBLE & NATIONAL TERRITORY
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Notes may be incomplete
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Goodluck, Godbless!
Daisyrie Sabulao, 2014