MARIANO MARCOS STATE UNIVERSITY

COLLEGE OF ARTS & SCIENCES

DEPARTMENT OF SOCIAL SCIENCES
City of Batac, Ilocos Norte

POL. SCI 1

MR. JERRY C. BUENAVISTA

Instructor
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TABLE of CONTENTS

I. Introduction
Course Syllabus.. 3 III. Good Governance
A. Etymology of Political Science.. 9 A. Meaning 25
B. Political Philosophers. 9 B. Actors in Local Governance. 25
C. Functions of Political Science 9 C. Characteristics of Good Governance... 25
D. Goal in the Study of Political Science Courses.. 9
E. Scope of Political Science.. 10
F. Relationship of Political Science with Other Disciplines10

II. Political Institutions IV. Constitution

A. Concepts of State and Government... 11 A. Meaning... 27
B. Theories on the Origin of States. 11 B. Nature and Purpose or Function of Constitution..27
C. Elements of State 12 C. Contents of a Good Written Constitution.27
D. Inherent Powers of the State.. 14 D. The Preamble of the 1987 Philippine Constitution.. 27
E. State vs. Nation... 14 E. Article I National Territory 28
F. State vs. Government.. 14 F. Article II Declaration of Principles and State Policies.. 28
G. Forms of Government..... 16 G. Article III Bill of Rights. 33
H. Branches and Functions of the Government.. 22 H. Article IV Citizenship 37
I. Article V Suffrage. .39

MARIANO MARCOS STATE UNIVERSITY Mr. Jerry C. Buenavista-Instructor

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Course Syllabus
Course Title Politics and Governance with Philippine Constitution and Human Rights Education
Course Code Pol Sci 1
Course Prerequisite None

Number of Units 3 units

Course Description The course provides principles and concepts of government and governance, politics, and constitution especially
as they apply to the Philippines and other countries selected, in so far as the development, organization, and
operation of their political system are concerned likewise on related current issues and human rights education.
University Vision A world-class university dedicated to the development of virtuous human resources and innovations for inclusive
growth
University Mission To develop globally competitive professionals and industry-ready graduates via various modalities and generate
new knowledge and technologies for the improvement of the quality of life
Program Specialization Outcomes

Course Content Course Learning Time Performance Content Instructional Assessment Values Infusion
Outcomes Allotment Indicators Delivery

The students shall be

I. able to: 5 hours I. Political Science 1. Discussion 1. Recitation Self-expression
INTRODUCTIO Test results A. Definition 2. Sharing of 2. Written outputs
N to Political 1. Express the B. Scope thoughts and 3. Participation in Optimism
Science importance of Oral participation C. Functions and experiences group/team tasks
studying political Importance 3. Lecture method 4. Attendance Comprehension
science and its Completion of the D. Goals 4. Buzz session
implications to day- self-assessment E. Relationship with
to-day activities. checklist other areas
2. Give examples of
their individual
activities that are
political in nature.
3. Discuss the subject
matter, especially its
significance and
function

MARIANO MARCOS STATE UNIVERSITY Mr. Jerry C. Buenavista-Instructor

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II. Political Conduct a role 12 hours 1. Test results A. Definition 1. Discussion 1. Recitation National
Institutions playing activity B. Purposes and 2. Sharing of thoughts 2. Written outputs consciousness
guided by the 2. Group made Functions and experiences 3. Other required and patriotism
A. State following premises: graphic organizer C. State vs. Nation 3. Lecture method outputs
D. State vs. using multi-media 4. Participation in Responsible
1. impact of political 3. Constructed Government presentation group tasks citizenship
institutions and script of the E. Theories on the 4. Reporting 5. Attendance
processes in the group activity Origin of States 5. Film viewing
attainment of their presented in the 1. Divine Right 6. Group Dynamics
own personal goals class Theory 7. Debate
in life and national 2. Force Theory
development 4. Presented role 3. Natural
2. Philippines as a playing activities Theory
state and its by group 4. Patriarchal/
political institutions Matriarchal
3. Distinguish the 5. Assignment/ 5. Instinctive
concept of state Agreement outputs Theory
from nation and 6. Economic
government 6. Extent of class Theory
4. Illustrate the participation 7. Social
different theories on Contract
the emergence of 7. Completion of Theory
states the self- F. Inherent Powers
5. Significant issues assessment 1. Police Power
confronting the checklist 2. Power of
inherent powers of Eminent
the state Domain
3. Power of
Taxation
G. Elements
1. People
2. Territory
3. Government
4. Sovereignty

MARIANO MARCOS STATE UNIVERSITY Mr. Jerry C. Buenavista-Instructor

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B. Government Submit a comics type 10 hours Test results A. Definition 1. Discussion 1. Recitation National
paper that: B. Branches 2. Lecture method 2. Written outputs consciousness and
Assignment/Agreem 1. Executive using multi-media 3. Other required patriotism
1. explains the political ent outputs 2. Legislative presentation outputs
machinery of the state 3. Judicial 3. Reporting 4. Participation in Responsible
(especially the Extent of class C. Forms 4. Group Dynamics group tasks citizenship
Philippine govt.) participation 1. Monarchy, 5. Debate 5. Attendance
2. traces the historical Aristocracy,
development of the Completion of the Democracy
Philippine Govt. self-assessment 2. Unitary,
checklist Federal
3. Parliamentary,
Presidential

III. Governance 1.Make a sketch 10 hours Test results A. Definition 1. Discussion 1. Recitation Critical thinking
(cartooning) or a B. Good Governance 2. Sharing of 2. Written outputs
graphic organizer Group-made C. Local Governance thoughts and 3. Other required Political and
illustrating the Critique Paper or D. Principles/Charac- experiences outputs social
following: graphic organizer on teristics 3. Lecture method 4. Participation in responsibility
specific government E. Priority Programs of using multi-media group tasks
a.)governance and the program the Philippine presentation 5. Oral exam Collaborative
important role of the government 4. Reporting 6. Attendance learning
different stakeholders in Submitted and 5. Film viewing
attaining good presented Soft and 6. Group Dynamics
governance hard copy of the
documentary video
b.)principles/characte- made
ristics of good
governance Assignment/Agree-
ment outputs
c.)status of their
respective local Extent of class
government units participation

2.Create a video or Completion of the

documentary self-assessment
presentation about an checklist
identified best practice
program of the
government

MARIANO MARCOS STATE UNIVERSITY Mr. Jerry C. Buenavista-Instructor

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IV. Constitution Construct an 17 hours Test results 1. Discussion 1. Recitation Responsible

information A. Definition 2. Sharing of 2. Long exam citizenship
education campaign Soft and hard copies B. Nature and thoughts and 3. Participation in
materials of Posted Characteristics experiences group tasks
containing the: information C. 1987 Philippine 3. Lecture method (Human Rights
1. significance of a education campaign Constitution using multi-media education
constitution in the materials within the 1. Declaration of presentation campaign
administration of campus and on the Principles and 4. Role playing strategies)
the affairs of the web State Policies 5. Film viewing 4. Case analysis
government 2. Bill of Rights 5. Attendance
2. different principles Assignment/Agree- 3. Citizenship
and policies that ment outputs 4. Suffrage
guide the states and
governments Extent of class
internal and participation
external/foreign
affairs Completion of the
3. roles of citizens self-assessment
direct and indirect checklist
participation in
governance
4. value of humanity
and human
identity/human
rights
such as:
a. Pamphlet,
b. newspaper/
magazine type,
c. multi-media,
d. billboards etc.

Course References Aruego, Gloria. (1981). Principles of Political Science. Manila: University Book Supply, Inc.

Ayson, Florentino and Dolores Reyes. (1993). Fundamentals of Political Science. Manila: National Bookstore, Inc.

Castaneda, Sherwin Prose C. (2002). Government of the People. Valenzuela City: Mutya Publishing House.

MARIANO MARCOS STATE UNIVERSITY Mr. Jerry C. Buenavista-Instructor

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De Leon, Hector S. and Hector M. De Leon Jr. (2010). Constitution Made Simple. 3rd ed. Quezon City: Rex Bookstore.

De Leon, Hector S. and Hector M. De Leon Jr. (2011). Textbook on the Philippine Constitution. Quezon City: Rex Bookstore.

Donato, Juanito E. (2011). Introduction to Political Science: A Simplified Text in Political Science. Rev. ed. s.l.:s.n.

Lawson, Kay. (1989). The Human Polity. Quezon City: Ken Incorporated.

Ranney, Austin. (1982). Governing: An Introduction to Political Science. New York, USA: CBS College Publishing.

Torres, Florentino C. (2011) Constitution of the Republic of the Philippines. Quezon City: Aklat Ani Publishing and Educational Trading
Center.

Zulueta, Francisco M. (2011) Introduction to Political Science. Mandaluyong City: National Bookstore.

Additional or Supplementary Newspapers, magazines, journals, Hand-outs and secondary documents

Materials

Course Performance Evidence of Performance Performance Standard

Indicators * submitted documents, class records, and compilation of test results (Assessment Criteria)
Performance Indicator and *Submitted course * 75% passing score in all
Evidence of Performance requirements paper-pencil tests
*Demonstrated all * Satisfactory points
performances required by the earned in all class
course activities and
requirements

Course Requirements Attendance Quizzes and Assignments

Long exams Midterm Examination
Final Examination Projects (Papers/Video Presentation)

Grading System:
Recitation - 10%
Attendance - 15%
Projects - 15%
Quizzes and Worksheets - 20%
Exams - 40%
Total: 100%

MARIANO MARCOS STATE UNIVERSITY Mr. Jerry C. Buenavista-Instructor

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* No Late Submission
Course Policies * Strict prohibition on cheating and plagiarism
* Propriety of behaviour in class
* Strict Implementation of seating arrangement

Consultation Period

Prepared by:
Approved by:
SOCIETY V. SALCEDO
LORMA AURIA G. QUIBILAN VIOLETA B. ALONZO, PhD MARIVIC M. ALIMBUYUGUEN, PhD PRIMA FE R. FRANCO , PhD
JERRY C. BUENAVISTA Department Chair-DSS Dean VPAA

MARIANO MARCOS STATE UNIVERSITY Mr. Jerry C. Buenavista-Instructor


CHAPTER I:
INTRODUCTION
A. Etymology of Political Science
Political derived from the Greek word polis, meaning city or
city-state or what today would be equivalent of a sovereign
state
Science comes from the Latin word scire, which means to
know or study
Traditional Definition
Political Science study of the state
Modern Definition
Political Science study of politics
Politics arises whenever there is an association of men,
wherein in that organization conflict occurs and they subject
themselves into some form of power or authority
B. Political Philosophers
Aristotle Father of Political Science
- wrote a book entitled Politics
Man is by nature a political animal.
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Plato wrote a book entitled The Republic
Socrates Socratic method
Jean Bodin Father of Modern Political Science
- theory of sovereignty
Niccolo Machiavelli wrote a book entitled The Prince
Charles Montesquieu concept of separation of powers
C. Functions of Political Science
1. To discover the principles that should be adhered to in public
affairs
2. To study the affairs of the government
3. To derive conclusions that may be of practical use to
constitution-makers, legislators, and judges who need
models or norms that can be applied to immediate situations
D. Goal in the Study of Political Science Courses
Education for intelligent and responsible citizenship that is,
to equip the students to discharge the obligations of democratic
citizenship. Intelligent and responsible citizenship can save
democracy; ignorance can lose it.
The good citizen who behaves himself and votes regularly is
no longer enough. He must also be a citizen who knows how his
government operates, what interests and forces are behind
Mr. Jerry C. Buenavista-Instructor
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particular policies are likely to be, what his rights and
obligations are, who his elected representatives, and what they
stand for.
E. Scope of Political Science
1. Political Theory deals with the entire body of doctrines
relating to the origin, form, behaviour and purposes of the state
a. the organization of governments and the limitations upon
governmental authority
b. powers and duties of governmental offices and officers
c. obligation of one state to another
3. Public Administration focuses upon the methods and
techniques used in the actual management of state affairs by the
executive, legislative, and judicial branches of the government

2. Public Law its study handles the following:

F. Relationship of Political Science with Other Disciplines

Political Science (state, politics and History (chronological study of past History and Political Science (focuses on causal
government) events) factors for the occurrence of social phenomenon)
Political Economy (studies how government uses its
Political Science (government Economics (allocation of states
power and authority in shaping the states economy;
administration of peoples/state affairs) scarce resources)
vital in economic policy-making)
Political Sociology (deals with social structure/s
Political Science (deals with public
Sociology (society and culture) and institutions; focuses on reciprocal relationship
policies relating to social problems)
between the government and the citizens)
Political Science (deals with individual Psychology (human behaviour as Political Science and Psychology/Political
and group political decisions and defined by motivation and other Behavior (deals with political drives of political
actions; social mobilizations) factors/stimuli) actors)
Geography (location, physical Geopolitics (studies how the physical environment
Political Science (policy-making for the
features, terrain and the physical of a state affects its growth, development and
states territorial security)
environment of a state) survival)

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CHAPTER II:
POLITICAL INSTITUTIONS

A. Concepts of State and Government

State a community of persons, more or less numerous, permanently occupying a definite portion of territory, having a government of
their own to which the great body of inhabitants render obedience, and enjoying freedom from external control

B. Theories on the Origin of States

Theory Main Principle Ruler Type of Government

God created the state and ordained Absolute ruler (monarch or Absolute Monarchy
Divine Right Theory
its ruler dictator)
Mighty rules the weak Absolute ruler (conquistador) Absolute
Forced Theory
Monarchy/Dictatorship
State is a living organism (growth Chosen by the people Any form of government
Natural Theory
and development)
Patriarchal/Matriarcha Family as the foundation of society Patriarch/king (ruler with limited Monarchy (hereditary
l Theory and state powers-culture) succession to the position)
Man is a political animal. Chosen by the people Any form of government
Instinctive Theory
Aristotle
State developed out of mans Chosen by the people Any form of government
Economic Theory
economic wants
Absolute Monarch Absolute Monarchy
Thomas Hobbes
(Leviathan/mortal god)
Chosen by the people to be their Limited
Social Contract Theory John Locke trustee Monarchy/Constitutional
Monarchy
Chosen by the people based on Direct Democracy
Jean Jacques Rousseau
popular sovereignty

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State of Nature is what life is naturally like before people

created governments Forming a government to protect yourself from the violence of
the state of nature is called...Social Contract

The state exists for man and not man for the state. . .

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POLITICAL HUMAN NATURE STATE OF NATURE SOCIAL CONTRACT

PHILOSOPHER

Thomas Hobbes Man is evil; A state of war Leviathan

a wolf unto his fellow man. (Absolute Monarchy)

John Locke Man has perfect freedom A state of liberty Commonwealth

(Representative Democracy)

Jean Jacques Rousseau Man is free but immoral. No security or morality State guided by the general
will
(Totalitarian)

C. Elements of State Terrestrial refers to the land

a. People refers to the mass of population living within the
state. Without people, there can be no functionaries to govern
and no subjects to be governed. There is no requirement as to the
number of people that should compose a state but it should be
neither too small nor too large; small enough to be well-
governed and large enough to be self-sufficient.
Fluvial refers to the small bodies of water
Maritime refers to big bodies of water
Aerial refers to the air space above the terrestrial,
fluvial and maritime domains
Territorial Sea 12 nautical miles from the baseline

Exclusive Economic Zone (EEZ) 200 miles from the

b. Territory includes not only the land over which the
jurisdiction of state extends, but also the rivers and lakes therein,
a certain area of the sea which borders upon its coasts and the
air above it. Thus the domain of the state may be described as
terrestrial, fluvial, maritime and aerial.
baseline
c. Government refers to the agency through which the will of
the state is formulated, expressed and carried out. It is sometimes
used to refer to the persons or aggregate of those persons in

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whose hands are placed for the time being the function of
political control. This body of men is usually spoken of as
administration

d. Sovereignty the supreme power of the state to command E. State vs. Nation
and enforce obedience to its will within its jurisdiction and to
have freedom from foreign control State Nation
a. political concept a. racial or ethnic concept
Two Manifestations of Sovereignty b. where there is a state, there b. there can be a nation without
is at least one nation there being a state
1. Internal Sovereignty the power of the state to rule within c. poly-national or mono- c. a nation may occupy two or
its territory national state more states
d. presupposes a government d. government and definite
2. External Sovereignty freedom of the state to carry out its and a definite territory territory are not necessary to
activities without subjection or control by another states. It is the existence of a nation
often referred to as independence.

D. Inherent Powers of the State

F. State vs. Government

1. Police Power authority of the government to regulate the State Government

activities of an individual even in the absence of law for the a. there cannot be state a. an essential element of the
benefit and protection of public welfare without a government state
b. state is permanent b. government can be thrown
2. Taxation authority of the government to impose taxes, and changed
charges and fees from its taxpayers under its sovereignty and/or c. it is an ideal entity c. it is an instrumentality of the
territorial jurisdiction, to support its necessary expenses state
3. Eminent Domain authority of the government to
expropriate private property for public use upon payment of a In common speech, they are usually regarded as identical. As
just compensation ordinarily, the acts of government, if within the limits of
delegation of powers, are the acts of the state, the former is

MARIANO MARCOS STATE UNIVERSITY Mr. Jerry C. Buenavista-Instructor


meant when the latter is mentioned and vice versa. The
government is only the agency through which the state expresses
its will.
Here are some of the important differences between the State and
government.
1. The State has four elements like population, territory,
government and sovereignty. Government is a narrow concept
and it is an element of the State. In a democracy, it is considered
as servant and the State as master. Government is compared with
the brain of the living organism; what the brain is to the man.
The government is to the State.
2. The State is more or less permanent and continues from time
immemorial. But the government is temporary. It changes
frequently. A government may come and go, but the State
continues for ever. Death of a ruler or the overthrow of a
government in general elections does not mean the change of the
State
3. The State is generally composed of all citizens but all of them
are not members of the government. The government consists of
only a few selected citizens. The organ of the government
consists of only a few selected citizens. The organs of the
government are executive, legislature and judiciary. The few
selected persons will run these three organs of the government.
Thus, the State is a much broader organization than the
government. Membership of the State is compulsory but not that
of the government.
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4. The State possesses sovereignty. Its authority is absolute and
unlimited. Its power cannot be taken away by any other
institution. Government possesses no sovereignty, no original
authority, but only derivative powers delegated by the State
through its constitution. Powers of government are delegated
and limited.
5. The State is an abstract concept whereas government is a
concrete one. Nobody sees the State and the State never acts.
The government is a physical manifestation and it acts for the
State. It consists of a definite group of persons who can be seen
and known. It is a tangible organization which can be seen.
6. All States are identical in character and nature. Whether big
or small, the characteristics of the State do not undergo changes.
But governments are of different types and they may vary from
the State to the other States. Various political scientists have
given different classifications of government. Aristotle had
classified government into monarchy, aristocracy and
democracy Marriot has classified government into
parliamentary or presidential and unitary or federal. Thus, there
is no uniform pattern of government. But the State is a universal
institution having one single form with its four essential
characteristics.
7. Lastly the citizens possess rights to go against, government
and not against the State. The State only acts through the
government and the government may commit mistakes and not
the State. Thus, the citizens have only rights to go against the
government. Moreover, the State consists of the citizens, the
Mr. Jerry C. Buenavista-Instructor

citizens go against the State, it will mean to go against
themselves. This is an impossible proposition. The State is
therefore, and indestructible union of citizens having the chief
characteristic of permanence and continuity. Government is only
a part of the State.
G. Forms of Government
a. As to number of persons exercising sovereign powers:
a.1 Monarchy one in which the supreme and final
authority is in the hands of a single person without regard
to the source of his election or the nature or duration of
his tenure
Monarchs are distinguished by their titles and styles,
which in most cases are defined by tradition, and
guaranteed under the state's constitution. A variety of
titles are applied in English; for example, "king" and
"queen", "prince" and "princess", "emperor" and
"empress".
Currently, 44 nations in the world have monarchs as
heads of state, 16 of which are Commonwealth realms
that recognize Queen Elizabeth II as their head of state.
i. Absolute Monarchy one in which the ruler
rules by divine rights
Countries Adhering to Absolute Monarchy:
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Brunei, Oman, Qatar, Swaziland
ii. Limited Monarchy one in which the ruler
rules in accordance with the constitution
Countries Adhering to Limited Monarchy:
Andorra, Australia, Bahrain, Belgium,
Cambodia, Canada, Denmark, Japan, Jordan,
Kuwait, Malaysia, Norway, Saudi Arabia, Spain,
UAE, United Kingdom, Vatican City
a.2 Aristocracy/Oligarchy
i. Aristocracy is a form of government in which
power is in the hands of a small,
privileged, ruling class. The term derives from
the Greek aristokratia, meaning "rule of the
best". At the time of the word's origins in Ancient
Greece, it was conceived as rule by the best
qualified citizens and was often contrasted
favourably with monarchy, the rule of a single
individual.
ii. Oligarchy meaning "to rule or to command" is
a form of power structure in
which power effectively rests with a small
number of people. These people could be
distinguished by royalty, wealth, family ties,
education, corporate, or military control. Such
states are often controlled by a few prominent
families who typically pass their influence from
one generation to the next. But inheritance is not
a necessary condition for the application of this
Mr. Jerry C. Buenavista-Instructor

term. However, oligarchy is not always a rule by
wealth, as oligarchs can simply be a privileged
group, and do not have to be connected by
bloodlines as in a monarchy.
Examples: Soviet Union, South Africa, USA
a. 3 Democracy one in which political power is
exercised by a majority of the people
i. Direct or Pure Democracy one in which the
will of the state is formulated or expressed
directly and immediately through the people in a
mass meeting or primary assembly rather than
through the medium or delegates or
representatives chosen to act for them
Most countries that are representative
democracies allow for three forms of political
action that provide limited direct
democracy: referendum (plebiscite), initiative,
and recall.
a. Referenda can include the ability to hold a
binding vote on whether a given law should be
rejected. This effectively grants the populace
which holds suffrage a veto on a law adopted by
the elected legislature (one nation to use this
system is Switzerland).
MARIANO MARCOS STATE UNIVERSITY
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b. Initiatives, usually put forward by members of
the general public, compel the consideration of
laws (usually in a subsequent referendum)
without the consent of the elected representatives,
or even against their expressed opposition.
c. Recalls give public the power to remove
elected officials from office before the end of
their term, although this is very rare in modern
democracies.
ii. Indirect/Representative/Republican
Democracy one in which the will of the state is
formulated or expressed through the agency of a
relatively small and selected body of persons
chosen by people to act as their representatives
b. as to extent of powers exercised by the central or national
government:
b.1 Unitary Government one in which the control of
national and local affairs is exercised by the central or
national government
b.2 Federal Government one in which the powers of
government are divided between two sets of organs, one
for national affairs and the other for local affairs, each
organ being supreme within its own spheres.
Mr. Jerry C. Buenavista-Instructor
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marked out by the constitution as executive independence and

c. As to relationship between the executive and legislative
branches of the government
c.1 Parliamentary Government one in which the state
confers upon the legislative branch/legislature the power
to terminate the tenure of office of the real executive.
Under this system, the Cabinet or ministry is
immediately and legally responsible to the legislature
and politically responsible to the electorate while the
FEATURES PRESIDENTIAL PARLIAMENTARY
prerogative.
A nation's type of government refers to how that state's
executive, legislative, and judicial organs are organized. All
nations need some sort of government to avoid anarchy.
Democratic governments are those that permit the nation's
citizens to manage their government either directly or through
elected representatives. This is opposed to authoritarian
governments that limit or prohibit the direct participation of its
citizens. Two of the most popular types of democratic
governments are the presidential and parliamentary systems.

principle separation of powers fusion of powers The office of President characterizes the presidential
system. The President is both the chief executive and the head
number of one two of state. The President is unique in that he or she is elected
executive independently of the legislature. The powers invested in the
manner of direct indirect President are usually balanced against those vested in the
election legislature. In the American presidential system, the legislature
term of office fixed not fixed must debate and pass various bills. The President has the power
to veto the bill, preventing its adoption.
manner of impeachment vote of no
removal confidence However, the legislature may override the President's
in office veto if they can muster enough votes. The American President's
titular or nominal executive the Chief of State broadest powers rest in foreign affairs. The President has the
occupies a position of irresponsibility right to deploy the military in most situations, but does not have
the right to officially declare war. More recently the American
President requested the right to approve treaties without the
c.2 Presidential Government one in which the state consent of the legislature. The American Congress denied this
makes the executive constitutionally independent of the bill and was able to override the President's veto.
legislature as regards to his tenure and to a large extent, as
regards his policies and acts, and furnishes him with sufficient In parliamentary governments the head of state and the
powers to prevent the legislature from trenching upon the sphere chief executive are two separate offices. Many times the head of
state functions in a primarily ceremonial role, while the chief

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executive is the head of the nation's legislature. The most

striking difference between presidential and parliamentary
systems is in the election of the chief executive. In parliament
systems, the chief executive is not chosen by the people but by
the legislature. Typically the majority party in the parliament
chooses the chief executive, known as the Prime Minister.
However, in some parliaments there are so many parties
represented that none hold a majority. Parliament members must
decide among themselves whom to elect as Prime Minister. The
fusion of the legislative and executive branches in the
parliamentary system tends to lead to more discipline among
political party members. Party members in parliaments almost
always vote strictly along party lines. Presidential systems, on
the contrary, are less disciplined and legislators are free to vote
their conscious with fewer repercussions from their party.
Debate styles also differ between the two systems. Presidential
system legislators make use of a filibuster, or the right to prolong
speeches to delay legislative action. Parliamentary systems will
call for cloture, or an end to debate so voting can begin.

As to principle: In presidential system, it adheres to the

principle of separation of powers. The government has three
branches; executive, legislative and judiciary. The main function
of the legislative is to enact or make laws, the executive is to
implement laws while the judiciary is to interpret those laws. In
presidentialism, these branches are independent in their own
sphere of jurisdiction but they should also observe the institution
of checks and balances. In parliamentarism, there is the fusion
of powers, meaning, the executive and legislative are
intertwined or lodged into one. This is because, the prime
minister and cabinet who lead the executive department are also
part of the legislative body which is the parliament.
As the number of executive: In presidentialism, there is a
single executive who is called the president. He acts both as
head of state and head of the government. As head of the state,
he represents the state. Among his functions are just ceremonial
while the head of the government directs the political affairs of
the government. He implements the laws of the land. On the
other hand, there are two executives; the prime minister who is
the head of the government and the monarch who is the head of

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the state.

As to the manner of election of the head of the government:

In presidentialism, the president is directly elected by the people
at large. Therefore, he is directly accountable and responsible to
the electorate. Whereas in parliamentarism, the prime minister
is indirectly elected by the people. The electorate choose the
members of the parliament, from this, the leader of the majority
party will be the prime minister.

As to their term of office: The president holds a fixed term of

office for 6 years as stipulated in the constitution without re-
election. While in parliamentarism, it is not fixed. So long as
the prime minister enjoys the confidence of the majority of the
parliament.

As to the manner of removal in office: Impeachment is the

means by which a president who committed certain crimes could
be removed in office while in parliamentarism, its through the
vote of no confidence. The opposition will pass a motion of
non-confidence to the party in power, once approved, the prime
minister may opt to resign or to call for the dissolution of the
parliament and recommend to the monarch a general election.

d. Other Forms:

d.1 Civil Government one in which the affairs of the

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state are administered and directed by the citizens or their
representatives
d.2 Military Government one established and
administered by a belligerent in the territory of an enemy
occupied by him
d.3 Constitutional Government one in which the
power of those who rule are defined and limited in their
exercise by a constitution so as to protect individual
rights and shield them against the assumption of arbitrary
powers
d.4 Despotic Government one in which the power of
those who rule are not defined and limited in their
exercise by a constitution
d.5 Elective Government one in which the state
confers powers upon a person or organization composed
of persons, chosen by qualified voters, and holding the
powers thus conferred for a definite tern and under
certain conditions
d.6 Hereditary Government one in which the state
confers powers upon a person or organization composed
of persons standing in certain family relation to his or
their immediate predecessors
d.7 De Jure Government (government of the law) one
in which is founded on existing constitutional laws of the
state and has the general support of the people
d.8 De Facto Government (government of act) one in
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which is not founded on existing constitutional laws of
the state and is maintained against the rightful authority
of an established and lawful government
There are three kinds of de facto:
1. the government that gets possession and control of, or
usurps by force or by the voice of the majority, the
rightful legal government and maintains itself against the
will of the latter;
2. that established as an independent government by the
inhabitants of a country who rise in insurrection against
the parent state; and
3. that which is established and maintained by military
forces who invade and occupy a territory of the enemy
in the course of war, and which is denominated as a
government of paramount force.
Based on the above-mentioned forms or government, we could
classify the Philippine government as:
a. indirect/representative/republican democracy
b. unitary
c. presidential
d. civil
e. constitutional
f. elective
g. de jure government
H. Branches and Functions of the Government
1. Legislative Department
Mr. Jerry C. Buenavista-Instructor

branch of the government that enacts laws of the state
Legislative System
a. Unicameral single-chambered legislature
b. Bicameral composed of two chambers/two houses
Upper Chamber
- set up primarily to represent interest as units, and
political divisions
- to serve as regulators of or check to the excess of the
lower chamber
Lower Chamber
looked upon as the spokesmen of the people and
representatives
Functions of the Legislature
a. Lawmaking
primary function
Process of Making Laws in Bicameral System
1.Bill/Resolution (polished and signed by the authors)
2. Passed to the Secretary of the House he/she assigns
number of the bill forwarded to the Presiding Officer
3. First Reading (the title only; directed to an appropriate
committee)
4. Committee Stage (an invitation to the supporters and antis
of the bill)
5. Second Reading (whole/all contents, including
MARIANO MARCOS STATE UNIVERSITY
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amendments of the committee) Presiding Officer calls on the
sponsors of the bill as well as those who are opposed to the
bill to deliver their speeches (General Debate)
6. Third Reading (voting ayes and nays)
7. Second House (goes the same process)
8. Joint Conference Committee (to iron out differences
between the two houses)
9. Executive (for approval/veto)
Note: If the president failed to sign it within 30 days then the bill will
become a law.
b. Electoral Function
The legislative department elects national official
(president and vice-president) in case there is a tie
between and among official candidates
c. Constituent/Constitutional Function
The power to amend the states constitution
d. Control of Administration
Control in some ways the acts of government officials in
administering the affairs of the government
Powers of Legislature
a. Power of Appropriations
Mr. Jerry C. Buenavista-Instructor

The legislature may abolish useless and corrupt offices
by eliminating their appointments
b. Executive Power
May reject appointments made by the chief executive
c. Investigative Power
Brings into light the abuses, anomalies and graft and
corruption committed administrative officials
d. Judicial Power
May impeach constitutional officials
Qualifications (to be a member of the Legislative
Department of the Philippines) Under the 1987 Constitution:
a. natural-born citizen
b. age
25 years old House of Representatives
35 years old House of Senate
c. residence
not less than 1 year before election House of Representatives
not less than 2 years preceding the election House of Senate
d. literacy able to read and write
Tenure of Office
House of Representatives 3 years; not more than 3 consecutive
terms
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Senate 6 years; not more than 2 consecutive terms
2. Executive Department
It refers to a single/group of officials in the executive
department who are authorized by the Constitution to
enforce laws of the state to see to it that these laws are
efficiently and effectively carried out and faithfully
observed for the common good
Executive power is the power to administer laws which
means carrying them into practical operation and
observing their due observance
Type of Executive
a. Titular Executive
b. Real Executive
c. Single Executive
d. Collegial Executive
Qualifications of the President and Vice-President
Art.VII, Sec. 2 1987 Philippine Constitution
a. natural-born citizen
b. registered voter
c. able to read and write
d. at least 40 years of age on the day of the election
e. resident of the Philippines for at least 10 years immediately
preceding such election
Term of Office of the President and Vice-President
The president and vice-president enjoy security of tenure. Their
term of office is 6 years which shall begin at noon on the 3oth
Mr. Jerry C. Buenavista-Instructor

day of June following the day of the election and shall end at
noon at the same date six years after.
In presidential democracies, the executives term may be
limited to four years with one re-election, or to five, six
or seven years without re-election. In some, the chief
executive may be eligible for re-election indefinitely.
And in others, the term of office of the executive may
even be for life as it is in monarchies and dictatorships.
In parliamentary countries, the prime minister and the
members of the cabinet do not have fixed term. They stay
in office as long as they retain the confidence of the
Parliament, usually the members of the lower house to
which they are accountable, or of the people themselves
Powers and Functions of the Executive
a. as a ceremonial and symbolic chief of state
3. Judicial Department
b. powers and functions of the executive as chief administrator
c. the executive as commander-in-chief of the Armed Forces
civilian authority is at all times supreme over the military
d. legislative powers and functions of the legislative State of
the Nation Address
e. the powers and functions of the executive in foreign
relations
f. the powers and functions of the executive as a dispenser of
Justice
f.1. Pardon a power of the executive to grant freedom to
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a convicted person
f.2. Reprieve power of the executive to suspend death
sentence
f.3. Commutation- executives prerogative to reduce a
death sentence to life imprisonment
f.4. Amnesty- a grant of pardon to a group of persons who
have committed political crimes against the state
f,5. Remission of fines and forfeitures prevents the
collection of fines or the confiscation of forfeited properties
The branch of the government which interprets the laws
of the state and upon which devolves the application of
the law for the settlement of conflicts arising from the
relations between persons and between government and
persons
Scope of Judicial Power
a. Adjudicatory Power includes the duty of courts of
justice
- to settle actual controversies
b. Power of Judicial Review the power to pass upon the
validity or constitutionality of the laws of the state and the
acts of the other departments of the government
- to interpret the constitution
- to render binding judgment
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 25

c. Incidental Powers power to punish persons adjudged in Governance - ways of making decisions and process of
contempt implementing or not implementing these decisions (UN
Economic & Social Commission for Asia and the Pacific)

Good governance is about the processes for making and

implementing decisions. Its not about making correct
decisions, but about the best possible process for making those
decisions.

B. Actors in Local Governance

1. Officials
2. Community Service Organizations
3. Non-Governmental Organizations
4. Private Sectors
5. People
6. Other Stakeholders

C. Major Characteristics of Governance

1. Consensus-Oriented

2. Accountable
Accountability is a fundamental requirement of good
governance. Local government has an obligation to report,
explain and be answerable for the consequences of decisions it
has made on behalf of the community it represents.

Chapter III: 3. Transparent

GOVERNANCE People should be able to follow and understand the decision-
making process. This means that they will be able to clearly see
how and why a decision was made what information, advice
A. Meaning and consultation council considered, and which legislative

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 26

requirements (when relevant) council followed.

4. Responsive
Local government should always try to serve the needs of the
entire community while balancing competing interests in a
timely, appropriate and responsive manner.

5. Effective and Efficient

Local government should implement decisions and follow
processes that make the best use of the available people,
resources and time to ensure the best possible results for their
community.

6. Equitable and Inclusive

A communitys wellbeing results from all of its members feeling
their interests have been considered by council in the decision-
making process. This means that all groups, particularly the
most vulnerable, should have opportunities to participate in the
process.

7. Follows the Rule of Law

This means that decisions are consistent with relevant
legislation or common law and are within the powers of council.

8. Participatory
Anyone affected by or interested in a decision should have the
opportunity to participate in the process for making that
decision. This can happen in several ways Chapter IV.
community members may be provided with information, asked Constitution
for their opinion, given the opportunity to make
recommendations or, in some cases, be part of the actual A. Meaning
decision-making process.
Constitution

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 27

Refers to the body of rules and principles in accordance - prologue of the constitution
with which the powers or sovereignty are regularly
exercised b. Division and distribution of the powers and functions of
the government
B. Nature and Purpose or Function of Constitution
c. Bill of rights
1. serves as the supreme or fundamental law
2. establishes basic framework and underlying principles of d. Amendatory process
government

C. Kinds of Constitution

1. As to origin and history 1987 PHILIPPINE CONSTITUTION

a. Conventional or Enacted enacted by a constituent
assembly or granted by a monarch
b. Cumulative or Evolved customs, traditions and judicial
decisions Preamble

2. As to form We, the sovereign Filipino people, imploring the aid of

a. Written Almighty God inorder to build a just and humane society and
b. Unwritten establish a government that shall embody our ideals and
aspirations, promote the common good, conserve and develop
3. As to manner of amending them our patrimony and secure to ourselves and our posterity, the
a. Rigid or inelastic blessings of independence and democracy under the rule of law,
b. Flexible or elastic and a regime of truth, justice, freedom, love, equality and peace,
do ordain and promulgate this Constitution.

ARTICLE I. THE NATIONAL TERRITORY

D. Contents of a Written Constitution
The national territory comprises the Philippine
a. Preamble from the Latin word preambulare, to walk archipelago, with all the islands and waters embraced therein,
before and all other territories over which the Philippines has

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sovereignty or jurisdiction, consisting of its terrestrial, fluvial
and aerial domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The
waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
ARTICLE II. DECLARATION OF PRINCIPLES AND
STATE POLICIES
Section 1. The Philippines is a democratic and republican
State. Sovereignty resides in the people and all government
authority emanates from them.
The Philippines, a democratic and republican state
A republican government is a democratic government by
representatives chosen by the people at large.
The essence therefore, of a republican state is indirect
rule.
It embodies some features of a pure or direct democracy
such as initiative, referendum, and recall.
Manifestations of a democratic and republican state
a. The existence of a bill of right;
b. The observance of the rule of majority;
c. The observance of the principle that ours is a
government of laws, and not of men;
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d. The presence of election through popular will;
e. The observance of the principle of separation of
powers and the system of checks and balances;
f. The observance of the principle that the legislation
cannot pass irrepealable laws;
g. The observance of the law on public officers;
h. The observance of the principle that the State cannot
be sued without its consent.
Sovereignty implies the supreme authority to govern,
thus the Filipino people, being sovereign people have the
right to constitute their own government, to change it,
and define its jurisdiction and powers.
Exercised indirectly through public officials.
Exercised directly through suffrage.
Right of the people to revolt
Section 1 above impliedly recognizes that the people, as
the ultimate judges of their destiny, can resort to
revolution as a matter of right.
A provision in the Constitution, however, expressly
recognizing the peoples right to revolt against an
oppressive or tyrannical government is not necessary and
proper
Section 2. The Philippines renounces war as an instrument of
national policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and
amity with all nations.
Mr. Jerry C. Buenavista-Instructor

Renunciation of war as an instrument of national
policy
The declaration refers only to the renunciation by the
Philippines of aggressive war, not a war in defense of her
national honor and integrity. Thus, when provoked and
attacked the Philippines can retaliate and engage into
war.
Adoption of the generally accepted principles of
international law as part of our law
International law refers to the body of rules and
principles which governs the relations of nations and
their respective peoples in their intercourse with one
another
The doctrine of incorporation is the automatic adoption
of international law as part of the law of the Philippines.
The Philippines seeks only peace and friendship with her
neighbors and all countries of the world, regardless of
race, creed, ideology, and political system, on the basis
of mutual trust, respect, and cooperation.
Adherence to the policy of peace, etc., with all nations
Section 3. Civilian authority is, at all times, supreme over the
military. The Armed Forces of the Philippines is the protector
of the people and the State. Its goal is to secure the sovereignty
of the State and the integrity of the national territory.
Supremacy of civilian authority over the military
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Inherent in a republican system
A safeguard against military dictatorship
Section 4. The prime duty of the Government is to serve and
protect the people. The Government may call upon the people
to defend the State and, in the fulfillment thereof, all citizens
may be required, under conditions provided by law, to render
personal, military or civil service.
Prime duty of the Government
Defense of the State by the people against foreign
aggression
the government may call upon the people to defend the
State.
For self-preservation and to defend its territorial honor
and integrity, the Philippines can engage in a defensive
war.
The defense of the State is one of the duties of a citizen.
Defense of the State performed through an army
compulsory, personal, military and civil service by the
people
Meaning of civil service
The term refers to any service for the defense of the State
other than as soldiers, like as workers in munition
factories.
Section 5. The maintenance of peace and order, the protection
of life, liberty, and property, and promotion of the general
Mr. Jerry C. Buenavista-Instructor

welfare are essential for the enjoyment by all the people of the
blessings of democracy.
Only when peace and order, security, and a life of
dignity are established and maintained, will political
stability and economic prosperity become attainable and
the people truly enjoy the blessings of independence
and democracy.
Section 6. The separation of Church and State shall be
inviolable.
Principle of separation of the church and State
The principle simply means that the Church is not to
interfere in purely political matters or temporal aspects
of mans life and the State, in purely matters of religion
and morals, which are the exclusive concerns of the
other.
The State shall have no official religion;
The State cannot set up a church, whether or not
supported with funds; nor aid one religion, aid all
religions, or prefer one religion over another;
Every person is free to profess belief or disbelief in any
religion;
Meaning of establishment of religion clause.
Every religious minister is free to practice his calling;
and
The State cannot punish a person for entertaining or
professing religious beliefs or disbeliefs.
Preamble The command that Church and State be
separate is not to be interpreted to mean hostility to
religion.
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Section 7. The State shall pursue an independent foreign
policy. In its relations with other states, the paramount
consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.
Foreign policy is a set of guideline followed by a
government of a country in order to promote its national
interest through the conduct of its relations with other
countries.
Formulation and conduct of foreign policy.
The president formulates our foreign policy principally
with the help of the Department of Foreign Affairs
Foreign policy is but a reflection and an instrument of
domestic policy, the former being dictated by the latter.
They are not only mutually consistent but
complementary.
Pursuit of an independent foreign policy.
An independent foreign policy means one that is not
subordinate or subject to nor dependent upon the support
of another government.
An independent foreign policy, however, it is not one that
completely rejects advice or assistance from without.
In general, our basic foreign policy objective is to establish
friendly relations with all countries of the world regardless
of race, religion, ideology and social system and to promote
as much beneficial relationship with them particularly in
economic and trade activities.
Mr. Jerry C. Buenavista-Instructor

Section 8. The Philippines, consistent with the national interest,
adopts and pursues a policy of freedom from nuclear
weapons in its territory.
Section 9. The State shall promote a just and dynamic social
order that will ensure the prosperity and independence of the
nation and free the people from poverty through policies that
provide adequate social services, promote full employment, a
rising standard of living, and an improved quality of life for all.
Policies necessary to be pursued adequate social
services, promote full employment, a rising standard of
living, and an improved quality of life for all.
Just and dynamic social order
Solving the problem of mass poverty The goal is to reduce
that political and economic power of privileged few by
equalizing widely differing standards and opportunities for
advancement and raise the masses of our people from a life
of misery and deprivation to a qualitative life worthy of
human dignity and respect.
Section 10. The State shall promote social justice in all phases
of national development.
In the fulfillment of this duty, the State must give
preferential attention to the welfare of the less fortunate
members of the community, those who have less in life
Section 11. The State values the dignity of every human
person and guarantees full respect for human rights.
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Human dignity and human rights
These rights are protected or guaranteed because of the
belief in the inherent dignity and basic moral worth of
every human person. The human person is the end of
every social organization
The value accorded to human dignity is measured by the
extent of respect for human rights, principally the rights
to life, liberty, and property.
Section 12. The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic autonomous
social institution. It shall equally protect the life of the mother
and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for
civic efficiency and the development of moral character shall
receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in
nation-building and shall promote and protect their physical,
moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage
their involvement in public and civic affairs.
Section 14. The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before the
law of women and men.
Section 15. The State shall protect and promote the right to
health of the people and instill health consciousness among
them.
Section 16. The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the
Mr. Jerry C. Buenavista-Instructor

rhythm and harmony of nature.
Section 17. The State shall give priority to education, science
and technology, arts, culture, and sports to foster patriotism
and nationalism, accelerate social progress, and promote total
human liberation and development.
Section 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
promote their welfare.
Section 19. The State shall develop a self-reliant and
independent national economy effectively controlled by
Filipinos.
Section 20. The State recognizes the indispensable role of the
private sector, encourages private enterprise, and provides
incentives to needed investments.
Section 21. The State shall promote comprehensive rural
development and agrarian reform.
Section 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of
national unity and development.
Section 23. The State shall encourage non-governmental,
community-based, or sectoral organizations that promote the
welfare of the nation.
Section 24. The State recognizes the vital role of
communication and information in nation-building.
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Section 25. The State shall ensure the autonomy of local
governments.
Section 26. The State shall guarantee equal access to
opportunities for public service and prohibit political
dynasties as may be defined by law.
Section 27. The State shall maintain honesty and integrity in
the public service and take positive and effective measures
against graft and corruption.
Section 28. Subject to reasonable conditions prescribed by law,
the State adopts and implements a policy of full public
disclosure of all its transactions involving public interest.
ARTICLE III. BILL OF RIGHTS
The Bill of Rights in the Constitution is the article that
articulates and enlists the rights of an individual that the
government is duly bound to protect, respect and carry out.
It embodies statements of individual rights and immunities to
protect persons or citizens from the government excesses and
oppression.
Mr. Jerry C. Buenavista-Instructor

RIGHTS PROTECTED BY THE BILL OF RIGHTS
THE RIGHT TO DUE PROCESS
Section 1. No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied the
equal protection of the laws.
LIFE attributed to the physical appearance and existence of a
human form
Example: right to self-preservation
Deprivation of life includes the loss of any of the various
physical and mental attributes which man must have to live as
human being
LIBERTY means not only the right of an individual to be free
from physical restraint of his person, such as by imprisonment
or detention, but also the right to be free in the use of his faculties
in all lawful ways.
Example: freedom of expression, speech, and travel
Deprivation of liberty means the prevention, suppression and
restriction of human freedom and expression
PROPERTY may refer to a thing itself or the right over the
thing
Example: right to own, use, transmit and even destroy the
property, subject to the right of the state and of other persons
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Deprivation of property exists when the property is unlawfully
confiscated or when the exercise of the right over a property is
unreasonably prevented
Power of Eminent Domain the power of the state to acquire
private property for public use upon payment of just
compensation
RIGHT AGAINST UNREASONABLE SEARCHES AND
SEIZURES
Section 2. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined personally
by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to
be seized.
Search Warrant an order in writing, issued in the name of the
Republic of the Philippines, signed by a judge and directed to a
peace officer commanding him to search for personal property
and bring it before the court
Warrant of Arrest a command in formal writing issued
against a person; to take him in the custody of law in order that
he may be bound to answer for the commission of an offense.
RIGHT OF PRIVACY OF COMMUNICATION
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 34

against recognized rights of others

Section 3. (1) The privacy of communication and
correspondence shall be inviolable except upon lawful order of Freedom of the Press implies the opportunity to freely print
the court, or when public safety or order requires otherwise, as whatsoever one pleases and to be protected against any
prescribed by law. responsibility unless such print is against the recognized rights
of others.
(2) Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any proceeding. Freedom of Expression is a catch-all phraseology for it may
The new constitution protects and safeguards the privacy of include freedom of speech, press, religion, association and acts.
communication (by telephone and similar devices) as well as
correspondence (letters and telegrams). Right to Assemble means a right on the part of the citizens to
meet peacefully for consultation with respect to public affairs,
Exceptions: not the affairs of other people

1. Upon lawful order of the court, as when the judge orders that Right to Petition means any person or group of persons can
the communication or letter be testified to as being material to a complain without fear of penalty to the concerned government
pending case. branch or office

2. When public safety or order shall require otherwise, as Freedom of Religion

prescribed by law. Section 5. No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession and worship,
FREEDOM OF EXPRESSION AND RIGHT TO without discrimination or preference, shall forever be allowed.
ASSEMBLE No religious test shall be required for the exercise of civil or
political rights.
Section 4. No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of the people Freedom of religion is meant to protect the broadest possible
peaceably to assemble and petition the government for redress liberty of conscience, to allow each man to believe as his
of grievances. conscience directs, to profess his beliefs, and to live as he
believes he ought to live, consistent with the liberty of others
Freedom of Speech implies the opportunity to freely utter and with the common good.
whatever anyone pleases and be protected against any
responsibility unless such utterances are against the law or

MARIANO MARCOS STATE UNIVERSITY Mr. Jerry C. Buenavista-Instructor


FREEDOM OF ABODE AND RIGHT TO TRAVEL
Section 6. The liberty of abode and of changing the same within
the limits prescribed by law shall not be impaired except upon
lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety,
or public health, as may be provided by law.
Abode refers to a place or domicile where a person has
established his residence.
Travel refers to act of mobility going in or out of places where
one pleases.
Right of People to Information
Section 7. The right of the people to information on matters of
public concern shall be recognized. Access to official records,
and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research
data used as basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law.
Any citizen of the Philippines, and alien to a given extent, enjoys
the right to obtain information on matters of public concern from
government records and documents on public policy, laws
passed by Congress, financial report at the Department of
Budget and Management. However, certain records of national
interest and confidentiality may be kept secret by the State.
RIGHT TO FORM ASSOCIATIONS
Section 8. The right of the people, including those employed in
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the public and private sectors, to form unions, associations, or
societies for purposes not contrary to law shall not be abridged.
People can form unions, associations, or organizations which
are peaceful, purposeful, and not contrary to law.
Right to Private Property
Section 9. Private property shall not be taken for public use
without just compensation.
The Constitution respects the rights of citizens to own something
that is strictly for their personal use. The government may need
a particular property for, a public project but the government
must pay justly.
RIGHTS OF THE ACCUSED
1. The right to adequate legal assistance.
2. The right, when under investigation for the commission of an
offense, to be informed of his right to remain silent and to have
counsel
Miranda Doctrine The accused has the right to remain silent;
that anything he says can be used against him in a court of law;
that he has the right to the presence of an attorney, and that if he
cannot afford an attorney, one will be appointed for him prior to
any questioning, if he so desires.
Mr. Jerry C. Buenavista-Instructor
 36

3. The right against the use of torture, force, violence, threat

intimidation, or any other means which vitiates the free will

4. The right against being held in secret incommunicado, or

similar forms of solitary confinement

5. The right against excessive fines. The right to bail and against
excessive bail

6. The right to due process

7. The right to the presumption of innocence, the right to be

heard by himself and counsel, the right to meet the witnesses
face to face, the right to have compulsory process to secure the
attendance of witnesses and the production of evidence in his
behalf

8. The right against self-incrimination

9. The right against detention by reason of political beliefs and

aspirations and the right against involuntary servitude. ARTICLE IV. CITIZENSHIP

10. The right against cruel, degrading or inhuman punishment
and the right against infliction of death penalty except for
heinous crimes.
11. The right against double jeopardy prohibits the execution
of any person for a crime of which he was previously acquitted
or convicted.
Section 1. The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of
the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the
Philippines;
3. Those born before January 17, 1973, of Filipino mothers,
who elect Philippine citizenship upon reaching the age
of majority; and
4. Those who are naturalized in accordance with law.

Section 2. Natural-born citizens are those who are citizens of the

MARIANO MARCOS STATE UNIVERSITY Mr. Jerry C. Buenavista-Instructor


Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship.
Those who elect Philippine citizenship in accordance
with paragraph (3), Section 1 hereof shall be deemed
natural-born citizens
Section 3. Philippine citizenship may be lost or reacquired in the
manner provided by law.
Section 4. Citizens of the Philippines who marry aliens shall
retain their citizenship, unless by their act or omission, they are
deemed, under the law, to have renounced it.
Section 5. Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law.
Modes of acquiring citizenship:
1) Jus Soli acquisition of citizenship on the basis of place
of birth
2) Jus Sanguinis acquisition of citizenship on the basis of
blood relationship
3) Naturalization the legal act of adopting an alien and
clothing him with the privilege of a native-born citizen.
Note: The Philippines follows (2) and (3)
MARIANO MARCOS STATE UNIVERSITY
37
Election of citizenship under the 1987 Constitution:
Prior to the 1973 Constitution, if a Filipina married an
alien, she lost her Filipino citizenship. Hence, her child would
have to elect Filipino citizenship upon reaching the age of
majority. Under the 1973 Constitution, however, children born
of Filipino mothers were already considered
Filipinos. Therefore, the provision on election of citizenship
under the 1987 Constitution only applies to those persons who
were born under the 1935 Constitution. In order for the children
to elect Filipino citizenship, the mothers must have been
Filipinos at the time of their marriage. So, if your mother was a
Filipina who married an alien under the 1935 constitution and
you were born before January 17, 1973, you can elect Filipino
citizenship upon reaching the age of majority.
When must the election be made:
The election must be made within a reasonable period after
reaching the age of majority.
Effects of naturalization:
1) The legitimate minor children of the naturalized father
become Filipinos as well.
2) The wife also becomes a Filipino citizen, provided that she
does not have any disqualification which would bar her from
being naturalized.
Mr. Jerry C. Buenavista-Instructor

Natural-born citizens:
1) Citizens of the Philippines from birth who do not need to
perform any act to acquire or perfect their Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec.
1(3) of 1987 Constitution.
Marriage of Filipino with an alien:
1) General Rule: The Filipino RETAINS Philippine
citizenship
2) Exception: If, by their act or omission they are deemed,
under the law, to have renounced it.
Examples of renunciation of Philippine citizenship:
1) Voluntarily obtaining foreign passport
2) Pledging allegiance to another country (ex. by becoming a
naturalized citizen of another country)
Re-acquisition of citizenship
Natural-born Filipinos who are deemed to have lost their
citizenship may re-acquire the same via repatriation
proceedings. This involves taking an oath of allegiance and
filing the same with the civil registry.
MARIANO MARCOS STATE UNIVERSITY
38
How may one lose citizenship:
1.By naturalization in a foreign country
2.By express renunciation of citizenship
3.By subscribing oath or allegiance to a foreign Constitution
4.By serving in the armed forces of an enemy country
5.By being a deserter of the armed forces of ones country
How may one reacquire citizenship:
1.By direct act of Congress
2.By naturalization
3.By repatriation
ARTICLE V. SUFFRAGE
Section 1. Suffrage may be exercised by all citizens of the
Philippines not otherwise disqualified by law, who
are at least eighteen years of age, and who shall have
resided in the Philippines for at least one year, and
in the place wherein they propose to vote, for at least
six months immediately preceding the election. No
literacy, property, or other substantive requirement
shall be imposed on the exercise of suffrage.
Mr. Jerry C. Buenavista-Instructor
 39

Section 2. The Congress shall provide a system for securing the

secrecy and sanctity of the ballot as well as a system
for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and
the illiterates to vote without the assistance of other persons.
Until then, they shall be allowed to vote under existing laws and
such rules as the Commission on Elections may promulgate to
protect the secrecy of the ballot.

NOTES:

MARIANO MARCOS STATE UNIVERSITY Mr. Jerry C. Buenavista-Instructor