Professional Documents
Culture Documents
Compiled by
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Political Theory
The entire body of doctrines relating to the origin, form,
behavior and purposes of the state are dealt with in the
study of political theory.
Public Law
The (a) organization of governments, (b) the limitations
upon government authority, (c) the powers and duties of
governmental offices and officers, and (d) the obligations of
one state to another are handled in the study of public law.
In the contradistinction to the rules of private law, which
govern the relations among individuals, public law is so
specialized that separate courses are offered in each of its
subdivisions ---- constitutional law (a, b), administrative law
(c), and international law.
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Public Administration
In the study of public administration, attention is focus upon
the methods and techniques used in the actual
management of state affairs by executive, legislative, and
judicial branches of government. As the complexity of
government activities grows, the traditional distinctions
among the powers of these branches become even less
clear-cut.
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History
The bond between the political scientist and the historian is
obvious in the observation that “history is past politics and
politics present history.” The political scientist frequently
adopts a “historical approach” and employs knowledge of
the past he seeks to interpret present and probable
developments in political phenomena.
Economics
Until late in the 19th century, political science and
economics (the study of production, distribution, and
conservation and consumption of wealth) were coupled
under the name of political economy. Today, these fields
are jointly concerned with the fact that economic conditions
affect the organization, development and activities of states,
which in turn modify or even prescribed economic
conditions. The political scientist regularly adopts as
“economic approach” when seeking to interpret such
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Geography
Geopolitics (a science concerned with the study of the
influences of physical factors such as population pressures,
sources of raw materials, geography, etc., upon domestic
and foreign politics) indicates one approach which a
political scientists frequently must adopt to help explain the
phenomena as the early growth of democracy in Great
Britain and the United States and its retarded growth in
certain Continental Europe, and the rise of authoritarian
governments in developing countries.
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Psychology
The political scientist as well as the psychologist promotes
studies of the mental and emotional processes motivating
the political behavior of individuals and groups. One of the
many topics which the political scientist handles from a
“psychological approach” is that of public opinion, pressure
groups, and propaganda.
Philosophy
The concepts and doctrines of Plato, Aristotle and Locke
(and other universal thinkers about the state) are important
to the specialist in academic philosophy and also to the
political scientist. These concepts are the underlying forces
in the framing of constitutions and laws.
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Jurisprudence
It is concerned with the analysis of existing legal systems
and also with the ethical, historical, sociological and
psychological foundations of law. A comprehension of the
nature of law (whether natural or divine law) and of the
statutes enacted by legislatures is indispensable to the
political theorist. Law and state are inseparable. All states
claim laws, effective within their jurisdictions, and enforce
them through a system of penalties or sanctions. To
maintain full understanding of the facts of political life, the
political scientist has to combine the legal with the extra-
legal viewpoints.
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the results of such policies are likely to be, what his rights
and obligations are, who his elected representatives are,
and what they stand for.
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Introduction
State
• People
This 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-sufficing.
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• Territory
It includes not only the land over which the jurisdiction of
the state extends but also the rivers and lakes therein, a
certain area of the sea which abuts upon its coasts and
the air space above it. Thus, the domain of the state may
be described as terrestrial, fluvial, maritime and aerial.
• Government
It refers to the agency through which the will of the state
is formulated, expressed and carried out. The word is
sometimes used to refer to the person or aggregate of
those persons in whose hands are placed for the time
being the function of political control. This “body of men”
is usually spoken of as “administration.” The ordinary
citizens of a country are a part of the state but are not
part of the government.
• Sovereignty
The term may be defined as the supreme power of the
state to command and enforce obedience to its will from
people within its jurisdiction and corollarily, to have
freedom from foreign control.
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Two manifestations:
Origin of States
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Forms of Government
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Kinds of Monarchies
• Absolute monarchy or one in which the ruler rules
by divine right;
• Limited monarchy or one in which the ruler rules in
accordance with a constitution.
Classifications of Democracy
• Direct or pure democracy or one in which the will of
the state is formulated or expressed directly and
immediately through the people in a mass meeting or
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Parliamentary government
One in which the state confers upon the 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
mediately or politically responsible to the electorate, while
the titular or nominal executive --- the Chief of State ---
occupies a position of irresponsibility.
Presidential government
One in which the state makes the executive
constitutionally independent of the legislature as regards
his tenure and to a large extent as regards his policies
and acts and furnishes him with sufficient powers to
prevent the legislature from trenching upon the sphere
marked out by the constitution as executive
independence and prerogative.
Functions of Government
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Constituent Functions
“Those relating to the maintenance of peace and the
prevention of crime, those regulating property and
property rights, those relating to the administration of
justice and the determination of political duties of citizens,
and those relating to national and foreign functions.”
This power is exercised by the State as attributes of
sovereignty.
Ministrant Functions
It includes the promotion of “welfare, progress and
prosperity of the people” and not merely to promote the
welfare, progress and prosperity of the people --- these
latter functions being ministrant, the exercise of which is
optional on the part of the government.
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Introduction
Nature
• the charter creating the government
• the supreme or fundamental law of the land as it speaks
for the entire people from whom it derives its claim to
obedience
• it is binding on all individual citizens and all organs of
government
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Purpose
• prescribe the permanent framework of the system of
government
• to assign to the different departments or branches, their
respective powers and duties
• to establish certain basic principles on which the
government is founded
• it is primarily designed to preserve and protect the rights
of individuals against the arbitrary actions of those in
authority
Function
• not to legislate in detail but to set limits on the otherwise
unlimited power of the legislature
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Constitutional Law
Kinds of Constitution
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Written Constitution
It has the advantage of clearness and definiteness over
an unwritten one.
This is because it is prepared with great care and
deliberation.
Its disadvantage lies in the difficulty of its amendment.
(see Art. XVII)
This prevents the immediate introduction of needed
changes and may thereby retard the healthy growth and
progress of the state.
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SEPARATION OF POWERS
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BLENDING OF POWERS
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Examples:
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ARTICLE XVIII
What is an amendment?
What is a revision?
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Ratification
What is a ratification?
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Review Questions:
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Section 1.
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Meaning of archipelago
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Preamble
It was felt that the use of the more intimate first person would
deepen the sense of involvement and participation of the
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Its function is not merely rhetorical, as, in the first place, the
Preamble serves to indicate the authors of the Constitution, to
wit, “we, the sovereign Filipino people.” In addition, it also
enumerates the primary aims and expresses the aspirations
of the framers in drafting the Constitution and is also useful as
an aid in the construction and interpretation of the text of the
Constitution.
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REPUBLICANISM
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Section 4 provides:
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Section 2 provides:
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and amity with all nations.” Every State is, by reason of its
membership in the family of nations, bound by the generally
accepted principles of international law, which are considered
to be automatically part of its own laws. This is known as the
Doctrine of Incorporation. By virtue thereof, and particularly
since it is expressly affirmed in our Constitution, our Supreme
Court has applied the rules of international law in the decision
of a number of cases notwithstanding that such rules had not
been previously converted to statutory enactments.
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Section 12
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Section 13
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WOMEN
Article II, Section 14, provides that “the State shall recognize
the role of women in nation-building and shall ensure the
fundamental equality before the law of women and men.”
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SOCIAL JUSTICE
The acute imbalance between the rich and the poor and the
resultant divisiveness and hostility between them. This
polarization has created an explosive situation that, unless
corrected in time, may lead to a violent social upheaval.
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the joy of living --- these are total strangers. One cannot
enjoy the sunset when he must worry about the oil to light the
lamp when the darkness closes in.
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“Sec. 10. The State shall promote social justice in all phases
of national development.”
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The doctrine cuts both ways. It is not only the State that is
prohibited from interfering in purely ecclesiastical affairs. The
Church is likewise barred from meddling in purely secular
matters. And the reason is plain. A union of Church and
State, as aptly remarked, “tends to destroy government and
to degrade religion.”
Section 3 provides:
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LOCAL AUTONOMY
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Economy
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MISCELLANEOUS
“Sec. 15. The State shall protect and promote the right to
health of the people and instill health consciousness among
them.”
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“Sec. 16. The State shall protect and advance the right of
the people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature.”
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Article III
BILL OF RIGHTS
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What is property?
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PRIVACY OF COMMUNICATION
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Prior restraint carries the import that the State should not,
as a matter of policy, imposed any restriction or condition
before the freedom can be exercised.
Any prior condition attached to the right before an individual
person is allowed to express his views or thought is prior
restraint which is offensive to the constitutional command.
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Balancing-of-interests doctrine
. . . gives the Court the prerogative, in case there is a collision
between two rights, to determine which right demands the
greater protection. It requires a Court to take conscious and
detailed consideration of the interplay of interests observable
in a given type of situation.
Right of Petition
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RELIGIOUS FREEDOM
What is Religion?
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RIGHT TO TRAVEL
Section 6
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RIGHT TO INFORMATION
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No. The Constitution does not open every door to any and all
information. Under the Constitution, access to official records,
papers, etc. is subject to limitations as may be provided by
law.
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EMINENT DOMAIN
“Private property shall not be taken for public use without just
compensation.”
1. Police Power
2. Eminent Domain
3. Taxation
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POLICE POWER
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It means a fair and full equivalent for the loss sustained from
the act of expropriation. This fair and full equivalent is the
market value of the property taken, plus the consequential
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Taxation
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What is Taxation?
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Inherent Limitations:
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Constitutional Limitations:
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The taxpayer is tax twice in the same taxable period for the
same subject matter. The tax imposed by the same
government or jurisdiction.
NON-IMPAIRMENT OF CONTRACTS
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What is a contract?
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• Police Power
• Eminent Domain or Taxation
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Section 11
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“The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices and their
families.”
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RIGHT TO BAIL
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• murder
• rape
• rebellion
• treason
• parricide
• kidnapping
R.A. 7659, under Heinous Crimes Law are not entitled to bail
except possession or use of prohibited drugs which is based
on quantity.
What is bail?
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• Preliminary Investigation
• Right to Counsel
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• Right to Bail
• Accused conveyed the Miranda Rights
• Right against self-incrimination
Preliminary Investigation
Right to Counsel
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Right to Bail
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• Presumption of Innocence
• The Right to be Heard and Counsel
• Nature and Cause of Accusation
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Presumption of Innocence
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into account. The proof against him must survive the test of
reason, the strongest suspicion must not be permitted to
sway judgment. The conscience must be satisfied that on the
defendant could be laid the responsibility for the offense
charged; that not only did he perpetrate the act but that it
amounted to a crime. Calling the accused first to prove self-
defense violates presumption of innocence rule.
Arraignment
After the case has been filed in court, the accused is entitled
to know the nature and the cause of the accusation against
him. This is known as the arraignment where the accused is
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The Supreme Court held that the test of violation of the right
to speedy trial has always been to begin counting the delay
from the time the information is filed in court and must take
into consideration the following circumstances:
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The court may, motu propio, exclude the public from the
courtroom if the evidence to be produced during the trial is of
such a character as to be offensive to decency or public
morals. The court may also, on motion of the accused,
exclude the public from the trial except court personnel and
the counsel of the parties.
Right to Confrontation
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Compulsory Process
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Trial in Absentia
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HABEAS CORPUS
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• invasion
• rebellion which may not extend beyond sixty (60) days
from date of suspension extendible upon initiative of the
President for a period determined by the Congress if the
invasion or rebellion upon which the privilege of the writ
was suspended still persists.
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What is self-incrimination?
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Political Belief
If the political belief is, however, translated into action and its
actualization transgresses existing laws, then perforce the act
must be punished for no man is above the law.
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Involuntary Servitude
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Kinds of liabilities?
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“In the beginning was the world and the world shall
end….”
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Bill of Attainder
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Article IV
CITIZENSHIP
What is citizenship?
What is a citizen?
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What is nationality?
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Under this, those who are already Filipino citizens at the time
the 1987 Constitution was adopted is already deemed Filipino
citizen. “The 1987 Constitution took effect on February 2,
1987, the date that the plebiscite for its ratification was held.”
Under this provision which was bodily lifted from the 1973
Constitution, the child is deemed a Filipino citizen if either the
father or mother is a Filipino citizen at the time of its birth
unlike in the 1935 Constitution where both parents should be
Filipinos.
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Natural-Born Citizens
Loss of Citizenship
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Reacquisition of Citizenship
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Dual Allegiance
Review Questions:
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Article V
Right to Suffrage
What is suffrage?
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Scope of Suffrage
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Qualification of Voters:
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He must be:
• a citizen of the Philippines (male or female)
• not otherwise disqualified by law
• at least eighteen years of age shall have resided in the
Philippines for at least one (1) year and in the place
wherein he propose to vote for at least six (6) months
immediately preceding the election.
• The Constitution enumerates and fixes the qualifications
of those who may exercise the right of suffrage, the
legislature cannot take nor add to said qualification
unless the power to do so is conferred upon it by the
constitution itself.
• It must be observed that the Constitution expressly
provides that “no literacy, property, or other substantive
requirement shall be imposed on the exercise of
suffrage.”
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Review Questions:
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Article VI
Legislative Department
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Laws Defined
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Composition:
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Qualifications:
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And lastly, must be a resident for not less than two years.
Residence for election purposes is used synonymously with
domicile. It is defined as the permanent home, the place to
which, whenever absent for business or pleasure one intends
to return.
Term of Office:
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1. District Representatives
2. Party-List Representatives
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Term of Office
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Party-List System
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Congressional Election
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Organization of Congress
Officers of Congress
Leadership in Congress
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Congressional Committees
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Legislative Committees
standing committees
select committees
joint committees.
Standing Committees
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Select Committees
Are those that are created for a specific purpose and usually
for a limited period only such as conducting an investigation
or to addressed matters of great national concern, i.e.: Select
Oversight Committee on Intelligence Funds, Programs and
Activities, etc.
Joint Committees
Sessions
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• regular
• special sessions
Regular Session
Special Session
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Quorum
Rules of Procedure
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Discipline of Members
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Suspension
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Expulsion
Agencies of Congress
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Commission on Appointments
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Composition
Functions
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Review Questions:
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POWERS OF CONGRESS
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1. Enumerated Powers
2. Implied Powers
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3. Inherent Powers
Are those that are neither granted nor implied therefrom, but
rather it refer to those that grow out from the very existence of
Congress. It is sometimes referred to as incidental powers
Congress enjoys.
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• Substantive Limitations
• Procedural Limitations
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Law-Making Process
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Origin of Bills
What is a bill?
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What is a title?
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What is a Preamble?
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The body is the part containing the subject of the law; hence,
this is considered the most important part. The body is usually
divided into titles, chapters, articles, sections and
subsections.
The effectivity clause is the part of the law which provides the
date when the bill shall take effect. The effectivity clause
usually provides that the law will take effect on a specific date
or immediately upon approval by the President.
First Reading
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On the first reading, only the number and title of the bill is
read and the Speaker refers it to the proper committee for
consideration.
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the entire bill is read before the chamber and it is at this stage
that the bill is debated and amended.
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Discretionary Fund
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Automatic Re-appropriations
If, by the end of any fiscal year, the Congress shall have
failed to pass the general appropriations bill for the ensuing
fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed reenacted and shall remain in
force and effect until the general appropriations bill is passed
by the Congress.
Power of Taxation
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Rule of Taxation
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Non-Legislative Powers
Review Questions
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Article VII
Executive Department
The first section of Art. VII of the Constitution, dealing with the
Executive Department, begins with the enunciation of the
principle that the executive power shall be vested in a
President of the Philippines. Unlike the legislative and judicial
powers of government vested in Congress and Supreme
Court respectively, both of which are collegial bodies, the
whole of executive power is vested to only one person, to the
President of the Philippines.
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Oath of Office
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Official Residence
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The Congress shall provide for the manner in which one who
is to act as President shall be selected until a President or a
Vice President shall have qualified, in case of death,
permanent disability, or inability of the Senate President and
the Speaker of the House.
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act until the Vice President shall have been chosen and
qualified.
Where the vacancy occurs during the term for which the Vice
President was elected, the President shall nominate a Vice
President to serve for the unexpired term from among the
members of the Senate or House of Representatives. The
nominee “shall assume office upon confirmation of a majority
vote of all the Members of both Houses of the Congress,
voting separately.
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Review Questions
282
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284
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What is an appointment?
286
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What is designation?
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289
The 1987 Constitution of the Philippines
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Power of Removal
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The 1987 Constitution of the Philippines
Power of Control
The President has been vested with the power of control of all
executive departments, bureaus or offices, and of local
governments over which he has been granted only the power
of general supervision as may be provided by law.
What is supervision?
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Military Powers
293
The 1987 Constitution of the Philippines
Pardoning Power
What is pardon?
294
The 1987 Constitution of the Philippines
What is commutation?
What is reprieve?
What is amnesty?
295
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Kinds of Pardon
296
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The 1987 Constitution of the Philippines
Diplomatic Power
298
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299
The 1987 Constitution of the Philippines
Power of Recognition
Treaty-Making Power
What is a Treaty?
300
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Borrowing Power
301
The 1987 Constitution of the Philippines
Informing Power
Review Questions
302
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Article VIII
JUDICIARY
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The 1987 Constitution of the Philippines
The Judiciary
However, the Constitution did not provide the full and entire
structure of the Philippine Judicial system, it only established
the Supreme Court of the Philippines and left to Congress the
authority of establish other inferior courts.
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15 members
• 1 Chief Justice
• 14 Associate Justices.
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Qualifications:
• Constitutional qualifications:
1. Natural-born citizen of the Philippines.
2. Member of the Philippine Bar.
• Statutory qualifications:
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This will remedy the situation in the past where “judges had
practically beg for confirmation of their appointments.” For
every vacancy, the Council will nominate at least three
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Ex-officio
312
The 1987 Constitution of the Philippines
Regular Members
313
The 1987 Constitution of the Philippines
314
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315
The 1987 Constitution of the Philippines
Period of Decisions
316
The 1987 Constitution of the Philippines
Review Questions
317
The 1987 Constitution of the Philippines
318
The 1987 Constitution of the Philippines
319
The 1987 Constitution of the Philippines
What is Jurisdiction?
320
The 1987 Constitution of the Philippines
What is a Certiorari?
What is a Prohibition?
321
The 1987 Constitution of the Philippines
What is a Mandamus?
322
The 1987 Constitution of the Philippines
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The 1987 Constitution of the Philippines
The Supreme Court has the power to appoint all officials and
employees of the judiciary. However, such appointment like
those made by the other departments must be made in
accordance with the Civil Service Law.
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Review Questions
327