LET REVIEW NOTES IN PHILIPPINE GOVERNMENT with NEW CONSTITUTION

Prepared by: Ms. Jerlyn Mae S. Quiliope

POLITICS-manner of acquiring and exercising power, authority, and influence for whatever reasons (standard definition)
 Art of compromise to achieve certain ends (Ernesto M. Maceda)
 Capacity to say no to something dangerous and inimical to public interest ( Jovito R. Salonga)
 Art or science of government (Merriam Webster)
IMAGES OF POLITICS
1. Board Room (BORO) politics—involve decision making by business elites and professionals, but with important
public consequences
Ex. The impeachment trial of former president Joseph Estrada in 2001 forced major business groups like the influential
Makati Business Club (MBC) and the powerful Philippine Chamber of Commerce and Industry (PCCI) to take clear
political stand. Many believe that these two organizations financed the rallies and demonstrations against Estrada.
2. Bureaucratic (BUREAU) politics—rule making and adjudication by bureaucrats, with inputs from clients and
professionals.
Ex. Department Secretaries, Undersecretaries, Assistant Secretaries, Regional Directors, Bureaucratic Directors are
power and authority holders, and such can make decisions favouring private business and political interests. This is the
reason why politicians and some businessmen jockey their men into positions in the bureaucracy.
3. Congress politics- involves policy-making by legislators, constrained by various constituencies
Ex. Legislation affects private and public interests. Legislative process or the process of formulating public policies can
delay the passage of a bill. The consideration and passage of a proposed bill can be stopped even at the committee
hearing level.
4. Chief Executive (CHEX politics)—a process dominated by presidents, governors, mayors, and their advisers.
Chief executives are given full power and authority to lead, to govern, and to administer laws.
5. Court Room (CORO) politics—refers to a court orders and decisions of prosecutors, judges and or justices in
response to interest groups and aggrieved individuals.
6. Multi Media (MUME) politics—galvanization of public opinion, usually through the newspapers, radio, television,
and other form of mass media
Ex. During the Marcos authorization rule, all mass media channels, with the exception of Ang Malaya owned by anti-
Marcos, journalist Jose Burgos, were owned and controlled by the Marcoses and their cronies.
7. Faith based (FABA) politics—decisions are made by leaders and members of religious groups and have political
implications
8. Game of the Generals (GAGE) politics—involves the calculated decisions of the military and police generals and
their subordinates to effect preferences in the political arena
9. Civil Society (CISO) politics—the high profile socio-political engagement and proactive lobbying of voluntary
groups such as non-governmental organizations, socio-civic societies, cause- oriented groups, people’s
organizations, professional associations, cooperatives
10. X-Men (XEN) politics—includes factors and players that are less prominently mentioned, less openly named, less
publicly involved but actively engaged in fixing and managing self-serving political decisions.

POWER- ability or right to do something; ability to exercise authority over others

STAR OF POWER —there are 5 major bases of power according to John French and Bertran Raven

EXPERT POWER

The leader possesses some special knowledge or

expertise

REWARD POWER REFERENT POWER

Based on the leader’s capacity to mediate rewards for Based on the follower’s liking or admiring with the
the follower leader

LEGITIMATE POWER COERCIVE POWER

Based on the follower’s perception that the leader has Based on the follower’s fear that non-compliance with
the legitimate authority to exercise influence over him the leader’s wishes will lead to punishment

SOURCES OF POWER:

1. Authority 4. Intangible factors

2. Human Resources 5.Material resources
 3. Skills and knowledge 6.Sanctions

GOVERNANCE- the exercise of political, economic, and administrative authority in the management of a country’s affairs at
all levels (UNDP)
POLITICS AND GOVERNANCE—politics and governance are intertwined. They are inseparable. Good politics reinforces
good governance and vice versa.
STATE—community of persons, more or less numerous, occupying a definite territory, possessing an organized
government, and enjoying independence from external control; political concept
NATION—people or aggregation of men, existing in a form of organized society, usually inhabiting a distinct portion of the
earth, speaking the same language, using the same customs, possessing historic continuity, and distinguished from other
groups by their racial origin and characteristics, and generally, but not necessarily ,living under the same government and
sovereignty; racial concept

ELEMENTS OF THE STATE

a. People- entire body of those citizens of a state who are invested with political power for political purposes
 Citizens—members of a political community who, in their associated capacity, have established or submitted
themselves to the dominion of a government for a promotion of their general welfare and the protection of their
individual as well as collective rights. They owe allegiance to their government and exercise full civic and political
rights subject to special disqualification such as minority, insanity and etc.
 Subjects—owe allegiance to a sovereign and are governed by its laws but do not have full civic and political rights
 Alien—owes temporary allegiance to the state where he is currently domiciled which is continuous during his
residence
b. Territory—geographical area under the jurisdiction of a country or sovereign power or state; must be a fixed territory
which the inhabitants occupy.

MODES TO ACQUIRE TERRITORY

1. Discovery and Occupation-a state may acquire territory by discovering a continent, an island or land with no
inhabitants or occupied by uncivilized inhabitants, and thereafter, occupying it by placing it under its political
administration. Discovery with subsequent occupation is not sufficient to acquire a territory. However, discovery will
give the State inchoate title over the discovered land that will prevent others from acquiring it for a reasonable
period of time until the inchoate title is transformed into full title by administering it. The ff. Lands can be subject of
discovery and occupation
1.1 uninhabited lands (Thomas Cloma for the Kalayaan Island Groups)
1.2 lands inhabited by uncivilized persons( Ferdinand Magellan)
1.3 lands discovered by a state but which it failed to occupy for unreasonable length of time
2. Prescription—this is a mode of acquiring a territory through continuous and undisputed exercise of sovereignty
over it during such period as is necessary to create under the influence of historical development the general
conviction that the present condition of things conforms to international order
3. Cession—It is the assignment, transfer, or yielding up territory by one state or government to another. Cession may
be in the form of donation or sale. (Ex. The Spanish government ceded the Philippines archipelago to US on Dec.
10, 1898 for a price of $20 million through the Treaty of Paris)
4. Subjugation and Annexation—It is a mode of acquiring territory belonging to a state by occupation and conquest
made by another state in the course of war and by annexation at the end of war. Same as discovery, conquest
gives the conqueror inchoate title that may be converted into a full title after annexation of the territory
5. Accretion—acquiring a territory by addition of portions of soil, either artificial such as the reclamation area in Manila
Bay, or natural by gradual deposition through the operation of natural causes such as the waves of the ocean.

PHILIPPINE TERRITORY
National Territory of the Philippines
1. The Philippine archipelago consisting of three main islands, namely, Luzon, Visayas, and Mindanao
2. All waters embracing the said islands such as water under the archipelago doctrine (i.e.,all waters around between and
connecting the islands of the archipelago, regaordless of breadth and dimensions, form part of the internal waters of the
Philippines) and territorial sea including seabed, the subsoil, insular shelves, and other submarine areas.
3. All other territories over which the Philippines has sovereignty and jurisdiction

Three kinds of domain over which the Philippines has sovereignty and jurisdiction:
1. Terrestrial Domain—refers to the land, whether agricultural, forest, or timber, mineral lands, and national parks under
the sovereignty and jurisdiction of the Philippines. It includes all matters such as natural resources found below the
surface of the territorial land of the Philippines.
2. Aerial Domain – refers to the air space above the territorial lands and waters of the Philippine but excluding the outer
space

2.1 Air Space—states have complete and exclusive sovereignty over the air space above its territory
2.2 Outer Space—the physical universe beyond atmosphere of the earth and is beyond the territorial sphere of
the earth
3. Fluvial Domain—refers to internal or national waters and external or territorial waters, over which Philippines exercises
jurisdiction

3.1 Internal or National Waters—include rivers, lakes, canals, ports, harbours, and bays, around, between and
connecting the islands of the archipelago
 - an imaginary straight line baseline (archipelagic line) will be drawn to connect the outermost portions of the islands
of an archipelago and all waters embraced therein shall from part of the territory of the archipelagic state. Waters
within the archipelagic baseline are considered internal waters under the Constitution and archipelagic waters under
the International law.

3.1.a Internal waters under the Constitution—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 ( Art.1,
sentence 2 of Constitution)

3.1b.Archipealgic waters under the International Law—a foreign merchant vessel is not allowed to the archipelagic
waters of the state without its consent except in the exercise of right of involuntary entrance

3.2 External of Territorial Waters or Maritime Zone—refers to all waters seaward to a line twelve(12) nautical miles
(Twelve—Mile Limit Rule) distant from the archipelagic baseline over which the Philippines exercises jurisdiction
-foreign merchant vessel can exercise both rights of innocent passage and involuntary entrance in the external
waters of the Philippines

3.3 Twelve-Mile Contiguous Zone—refers to all waters seaward to a line twelve (12) nautical miles distant from the
outer limits of territorial waters, under the Philippines has control necessary to prevent infringement of its customs, fiscal,
immigration, or sanitary regulations and punish infringement of the above regulations committed in its territory.

3.4Two hundred—Mile Exclusive Economic Zone—refers to an area beyond adjacent to the territorial sea, not
exceed 200 nautical miles from the baseline (archipelagic line), where the Philippines has an exclusive right to explore
and exploit natural resources

3.5 International Waters, High Seas or Open Seas—refers to the portion of the ocean, which is beyond the territorial
jurisdiction of any country. Since antiquity up to the Middle Ages, it has been an accepted principle that the open sea is
free to everybody and like air, it is common to all mankind.

c. Government—totality of authorities which rule a society by prescribing and carrying out fundamental rules which
regulate the freedom of is members.

Two Kinds of Government

1. De Jure/ Legitimate Government—established according to the constitution of the nation, and lawfully entitled to
recognition and supremacy and administration of the nation. It is a government deemed lawful or deemed rightful or just.
2. De Facto/ Illegitimate Government—maintain itself by a display of force against the will of the rightful legal
government and is successful, at least temporarily, in overturning the institutions of the rightful government b setting its
lieu thereof.

1. Gov’t by Revolution—established by the inhabitants who rise in revolt against and depose the legitimate regime
2. Gov’t by Secession –established by the inhabitants of a state who secede therefrom without overthrowing its
government.
3. Gov’t by Occupation—established in the course of war by invading forces of one belligerent country in the territory
of another belligerent country.

FORMS OF GOVENMENT IN TERMS OF POLITICAL SYSTEM

1. Monarchy—the sovereign power is vested in a single person, the monarch, who has hereditary rights to rule as head of
state
- The monarch may be a king, queen, emperor, tsar, Kaiser, sultan or pharaoh
- The throne of the monarch is usually passed on the eldest of the nearest male descendant
- The monarchy is termed despotic when the monarch is vested with absolute power
- Example: ANDORA, QATAR
- Constitutional monarchy-a system of gov’t in which a monarch s guided by a constitution whereby his/her rights,
duties, and responsibilities are spelled out in written law or by custom.
2. Aristocracy—sovereign power is vested in a class or persons who are believed to be superior and best qualified to rule
- Aristocracy is derived from the Greek word aristos or best or kratos power
- In an aristocracy, governmental powers wielded by a few, but theoretically, the administration of the government is
carried on for the welfare of the many. Whenever the interests of the people as a whole who are made subservient
to the selfish interests of the rulers, aristocracy becomes an oligarchy.
3. Anarchy—a condition of lawlessness or political disorder brought about by the absence of government authority.
Example: ICELAND , SOMALIA
4. Communism—a system of government in which the state plans and controls the economy and a singe—often
authoritarian—party holds power; state controls are imposed with the elimination of private ownership of property or
capital while claiming to make progress toward a higher social order in which all goods are equally shared by the people.
(i.e classes society) Example: NORTH KOREA, CUBA and CHINA
5. Confederacy (Confederaton)—a union of compact or treaty between states, provinces, or territories, that creates a
central government with limited powers; the constituent entities retain supreme authority over all matters except those
delegated to the central government. Example: except those delegated to the central government. Example:
SWITZERLAND
6. Dictatorship—a form of government in which a ruler or small clique wield absolute power (not restricted by a
constitution or laws). Also, a system in which the citizens do not possess the right to choose their own leaders.
Example: LIBYA, NORTH KOREA
7. Federal (Federative)—a form of government in which sovereign power is formally divided—usually by means of a
constitution—between a central authority and a number of constituent regions(states, colonies, or provinces) so that
each region retains some management of its internal affairs; differs from a confederacy in that the central government
exerts influence directly upon both individual as well as upon the regional units. Example: GERMANY
8. Federal Republic -–a state in which the powers of the central government are restricted and in which the component
parts (states, colonies, or provinces) retain a degree of self-government; ultimate sovereign power rests with the voters
who chose their governmental representatives. Example: NIGERIA
9. Maoism— the theory and practice of Marxism-Leninism developed in China by Mao Zedong (Mao Tse-tung), which
states that a continuous revolution is necessary if the leaders of a communist state are to keep in touch with the people.
Example: NEPAL
10. Marxism— the political, economic, and social principles espoused by 19th century economist Karl Marx; he viewed the
struggle of workers as a progression of historical forces that would proceed from a class struggle of the proletariat
(workers) exploited by capitalist (business owners), o a socialist “dictatorship of the proletariat, ” to, finally, a classless
society-communism. Example: CUBA, CHINA
11. Commonwealth— a nation, state, or other political entity founded on law and united by a compact of the people for the
common good. Example: BRITISH EMPIRE
12. Constitutional— a government by or operating under an authoritative document (constitution) that sets forth the system
of fundamental laws and principles that determines the nature, function, and limits of that government.
Example: CANADA
13. Democracy— a form of government in which the supreme power is retained by the people, but which is usually
exercised indirectly through a system of representation and delegated authority periodically renewed.
Example: Philippines
14. Constitutional Democracy- a form of government in which the sovereign power of the people is spelled out i governing
constitution. Example: ISRAEL

FORM OF GOV’T IN TERMS OF THE RELATIONSHIP OF THE EXECUTIVE & LEGISLATIVE BRANCHES OF GOV’T:
1. Presidential Gov’t —signifies co-equality between the President and Congress. The “doctrine of separation of powers”
makes that two major government branches superior within their respective domains. Example: PHILIPPINES
2. Parliamentary Gov’t — connotes dominance of legislature over the chief executive
—under this system, people elects members of the parliamentary and the Parliamentary elects
and approves the Prime Minister, the chief executive, including the cabinet from among its ranks.
—The Prime Minister serves at the pleasure of the Parliament. Members of the Parliament may
remove the Prime Minister with or without reason by a simple “vote of no confidence”.

FORMS OF GOV’T IN TERMS OF THE RELLATIONSHIP T THE NATIONAL GOV’T AND LOCAL GOV’T
1. Federal Government —the sovereign people expressly delegate specific powers to the central government and
authorize federal government to exercise powers not delegated to the latter except foreign affairs.
2. Unitary Government — the sovereign people delegate legislative power to Congress while the latter re-delegate
power of local legislation to local government units.

Government under different regimes:

1. Commonwealth
 wasn’t a state because the 4th element of a state was lacking, to wit: external sovereignty because it was still under
the regime of the US government
 it was sovereign since it exercised internal and external sovereignty but not without limitations
2. Government under the Marcos Regime
 constitution authoritarianism
 former Pres. Marcos was a constitution dictator because the Constitution itself empowered him to exercise both
executive and legislative rights (Amendment Nos. 5 & 6 of the 1973 Constitution provided: “(5) The Incumbent
President shall continue to exercise legislative powers until martial law shall have been lifted. (6) Whenever in the
judgment of the President (Prime Minister), there exist a grave emergency or a threat or imminence thereof, or
whenever the Interim Batasang Pambansa or the regular National Assembly fails or is unable to act adequately on
any matter for any reason that is in his judgement requires immediate action, he may, in order to meet the exigency,
issue the necessary decrees, orders, or letters of instruction which shall form part of the law of the land.
3. Government under Pres. Corazon Aquino
 revolutionary government
 recognized as legitimate / de-jure government by the Supreme Court; justified through the recognition extended by
the community of nations and the acceptance by the people of Corazon C. Aquino as President
4. Government under Pres. Gloria Macapagal — Arroyo
 de jure government according to the Supreme Court
Revolution — complete overthrow of the established government in any State by people or as a sudden, radical
and fundamental change in the political system, usually effected with violence or at least acts of violence.

Law of Victor: Participants of a revolution that ousted a legitimate government are heroes. However, where the
revolution action by the people failed to overthrow the legitimate government, the participants of the contained revolution are
not heroes but plain criminals prosecuted for the crimes of rebellion, coup d ’etat, inciting to rebellion, and sedition which are
by law. The success and failure of a rebellion determine heroism and criminality.
2 Kinds of Democracy:
1. Direct Democracy — the people directly exercise the powers of government. Examples of this are the political
system in the city-states of Greece and Rome. All citizen could speak and vote in assemblies to decide on
government matters. They directly run the affairs of the government. Representative government was not
necessary due to the small size of the city-states.
2. Indirect Democracy / Republicanism — the people exercise powers of sovereignty through chosen
representatives

Manifestation of republicanism
1. Government of Laws — Nobody is above the law. Even the highest officer of the land, the President of the Philippines,
must respect the law.
2. Irrepealable Law — Legislature is powerless to pass irrepearable laws. It is also limited to the power to amend or
repeal laws.
3. Election and Right of suffrage — right by qualified citizens of the Philippines to cast a vote at public elections
Constitutional qualification for the right of suffrage:
a. Citizenship — He must be a Filipino citizen.
b. Age — He must be at least 18 years of age.
c. Residency — He must have resided (a) in the Philippines for at least 1 year and (b) in the place wherein they
propose to vote for at least 6 months immediately preceding the election.

Disqualification from voting under RA 9189:

a. Those who have lost their citizenship.
b. Those who have expressly renounced their Philippine citizenship and who have pledge allegiance to a foreign
country.
c. Those who have committed and are convicted in final judgement by a court or tribunal of an offense punishable by
imprisonment of not less than 1 year..., such disability not having been removed by plenary pardon or granted
amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically
reacquire the right to vote upon expiration of 5 years after service of sentence
d. An immigrant or a permanent resident in a foreign country unless he executes an affidavit declaring that he shall
resume actual physical permanent residence in the Philippines
e. Insane or incompetent Filipino citizen
4. Rule of majority
5. Doctrine of Separation of Powers — system requiring the assignment of governmental powers separately to different
independent and co-equal organs of government
6. System of Checks and Balance — provide by the constitution to secure coordination in the workings of the various
departments of the gov’t, by having one check on the acts of another
7. Maxim of Non-Delegation of Powers—conforms with the Latin Maxim, “Potestas delegate non protest delagari” or
delegated authority cannot be delegated
8. Rule on State Immunity—prohibits lawsuit against a state unless it gives its consent
9. Public Accountability — government officials are accountable to the people simply because their powers emanate
from them
10. Bill of Rights — statement of individual liberties, freedom and rights found in article 3 of the constitution

Three Major Branches of Government

1. Legislative Branch — a political organ of government whose appropriate function is the making or enactment of law
Congress of the Philippines — shall consist of the Senate and the House of Representatives
Senate — shall be composed of 24 Senators who shall be elected at large by the qualified voters of the Philippines,
as may be provided by law
House of Representative — shall be composed of not more than 250 members, unless otherwise fixed by law,
consisting of Congressmen and Party-list Representative
Congressmen — shall be elected from legislative districts apportioned among the provinces, cities, and the
Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a
uniform and progressive ratio
2. Executive Branch — charge with carrying out the laws enacted by the legislature
3. Judicial Branch — interprets, construes, and applies the law

Defined Terms:
Double Position —unless otherwise appointed by law or by the primary functions of his position, no appointed official
shall hold any other office or employment in the gov’t or any subdivision, agency or instrumentally thereof
Double Compensation —no elective or appointed public officer or employee shall receive additional, double, or
indirect compensation, unless specifically authorized by law, nor accept without the consent of the congress, any present,
emolument, office, or title of any kind from any foreign gov’t
Non-Partisan — no officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or
partisan political campaign

D. Sovereignty — supreme, absolute and uncontrolled power by which an independent state s governed
Two Kinds of Sovereignty:
 1. Internal Sovereignty — power to control and direct the internal affairs of a country such as the authority
to enact, execute, and apply laws
2. External Sovereignty — power of an independent state to control and direct its external affairs such as
the authority to enter into treaties with other states, to wage war, and to receive and send diplomatic
mission

Constitution — fundamental law of state

Kinds of Constitution:
1. Conventional or Enacted Constitution — granted by the ruler to his subject
2. Cumulative or Evolved Constitution — product of a long period of evolution and development originating from
customs, traditions, judicial decision, rather than from formal enactment
3. Written Constitution — has a definite written format on a particular time, usually drafted and written by a specially
convened assembly
4. Unwritten Constitution — entirely the product of political developments, consisting of customs, legal traditions and
judicial traditions, together with statutory legislations of a basic character, usually bearing different names
5. Rigid Constitution — can only be emended or revised through a difficult process

3 Inherent Powers of the State:

1. Police Power — power to regulate freedom and property rights f individuals for the protection of public safety, health,
and morals or the promotion of the public convenience and general prosperity. The justification of police power are the
Latin maxims of “salus populi est suprema lex” (welfare of the people is the supreme law) and “sic utere tuo ut alienum
non laedas” (one should use his own property in such a manner as not to injure that of another)
2. Eminent Domain — power to take private property for public use upon payment of just compensation
3. Power of Taxation — power of the state to impose tax on individuals and properties to support government. Tax is the
lifeblood of the government.

Importance Of Bill Of Rights:

 It protects citizens against the power of the government.

 It outlines what the citizens can do and cannot do.
 It is a boundary between the government and the people.
 It is where the rights and privileges of the individuals are defined.

Classes Of Rights: The rights that a citizen of a democratic state enjoys may be classified into:

1. Natural Rights – They are those rights possessed by every citizen without being granted by the State for they given to
man by God as a human being created to his image so that he may live a happy life and a right inherent to human being
and possessed by every citizen without being granted by the state. Example are the right to life and the right to love;
2. Constitutional Rights – They are those rights which are conferred, protected by the Constitution. Since they are part of
the fundamental law, they cannot be modified or taken away by the law – making body, and defined in the bill of rights
but stipulated in a separate law made by the law-making body like the legislature. This law can be abolished by the
same body.
3. Statutory Rights – They are those rights which are provided by laws promulgated by the law – making body
consequently may be abolished by the same body, and rights conferred and protected by the constitution. Examples are
the right to receive a minimum wage and the right to adopt a child by an unrelated person.

Classification Of Constitutional Rights:

The human rights secured by the Constitution include social and economic rights and not just political and civil rights.
They are as follows:
a. Political Rights –They are such rights of the Citizens which gave them the power to participate directly or indirectly, in
the establishment administration of the Government, and right of the citizen to participate in the political process and
procedural fairness such as the rights of the accused and to legal remedy. Among these rights are the rights of
Citizenship (Article IV). The right to information on matters of the public concern (Section 7).
b. Civil Rights – They are those right which the law will enforce at the instance of private individuals for the purpose of
securing to them the enjoyment of their means of happiness, they include the rights to due process equal protection of
the laws (Section 1), the rights against involuntary servitude (Section 18[2]), imprisonment for non – payment of debt of
a poll tax (Section 20), the constitutional rights of the accused (Section 11 to 22), the social economic rights (infra),
rights and freedom that protect individuals from the infringement of the government and private organizations, religious
freedom (Section 5), liberty of abode changing the same (Section 6), and the right against impairment of obligation of a
contract (Section 10). Freedom of speech, expression, the press, the right of assembly and petition. The right to form
associations (Sections 4 and 8) are likewise civil rights. However, they partake of the nature of political rights when they
are utilized as a means to participate in the government.
c. Social and Economic Rights – They include those rights which are intended to insure the well – being, economic
security of the individual. rights that are intended to ensure the well-being and economic freedom of individual, the right
to property (Section 1), the right to just compensation for private property taken for public use (Section 9) belong more
appropriately under this third category of rights. They are also provided in the articles dealing with the promotion of
social justice (Article XIII), the conservation and utilization of natural resources (Article XII, Section 2), and the promotion
of education (Article XIV, Sections 1,2,3,[4,5]), science and technology (Ibid., Sections 10-13), arts and culture. (Ibid.
 Sections 17, 18). Political and civil rights can have meaning only if concrete measures are taken to breathe life and
substance to social. Economic rights which include cultural rights.
d. Rights Of The Accused - They are the (Civil) rights intended for the protection of a person accused of any crime, like
the right against which unreasonable search and seizure, the right to presumption of innocence, the right to a speedy,
impartial public trial, and the right against cruel, degrading, or inhuman punishment. The provisions (Sections 11 to 12)
particularly and directly dealing with these rights are discussed subsequently

 Rights Of The Accused: Rights intended for the protection of the person accused of the crime. The rights of the
accused belong to the political rights classified in the constitution. The accused is deemed innocent until proven guilty.
The accused must be informed of his rights and the crime lodged against him and shall enjoy the benefits of legal
remedy.
 Due Process Of Law: The due of process of law must be followed by all parties involved. A mere violation of the due
process of law will affect both parties and might affect the outcome of the case.
 The due process is a step by step procedure followed by the court in order to establish the guilt or innocence of the
accused.
The Difference Between Judicial Proceedings And Administrative Proceedings:
 Judicial Proceedings –Conducted Before Courts Of Justice
Example: Criminal Trials
 Administrative Proceedings –those heard by bodies, government agencies or offices
Example: Hearings Conducted By The Senate In Aid Of Legislation

Classification Of Powers Of Congress:

a. General Legislative Power – the power to enact laws which govern the conduct of the state and the individuals as well
as the relations between the state and individuals.
b. Specific Powers – powers which are articulated in the constitution and directly authorize Congress to exercise.
Examples: o The power to choose the president in case there is a tie among the presidential candidates. o To confirm or
reject appointments made by the president through the Commission on Appointments. o Declare the existence of war. o
Impose taxes. o Appropriate money. o To act as jurors in the impeachment trial of the president. o To act as constituent
assembly.
c. Implied Powers- a power which allows Congress to exercise authority that is necessary and effective for the conduct of
their duty. Examples: o To conduct inquiry and investigation in aid of legislation. o To punish for contempt. o To
determine the rules of its proceedings.
d. Inherent Powers – a power possessed and exercised by every government for its existence and development.
Examples: o Eminent Domain.
Steps In The Passage Of A Bill: Steps Description
a. First Reading Any member of either house may present a bill. The bill is filed with the Office of the Secretary.
b. Referral To Appropriate Committee The bill is referred to committee or committees for study and consideration.
c. Second Reading If the committee favors the bill, it is forwarded to the Committee on Rules to be calendared for
deliberation on second reading.
d. Debates Members of the house will deliberate on the importance of the bill. Amendments may be proposed. The house
may either reject or pass the bill.
e. Printing And Distribution After approval, copies of the bill are printed and distributed among members of the house three
days before its passage.
f. Third Reading Only the title of the bill is read and members of the house will decide on the approval of the bill.
g. Referral To The Other House If the bill is approved, the Senate president and Speaker of the house will sign the bill.
h. Submission To Joint Bicameral Committee The bill is submitted to conference committee of both houses for compromise
or to reconcile conflicting provisions.
i. Submission To The President A bill is transmitted to the president for his/her action.
When Does A Bill Become A Law?
There are three ways for a bill to become a law.
a. When the president affix his/her signature.
b. When the President vetoes the bill, it will automatically go back to the house where it originated and it will be decided
upon by the house through a two-thirds vote of all the members of both houses.
c. If the President allows the bill to be on his/her desk for thirty days without communicating to the congress his veto.
Public And Career Officials That Can Be Appointed By The President:
1. Heads of executive departments 2. Ambassadors, public ministers and consuls 3. Officers of the AFP from the rank of
colonel to naval captain 4. Heads of government owned and controlled corporations 5. Justices of the Supreme Court and
judges of the lower courts 6. Regular members of the Judicial and Bar Council 7. Chairman and Commissioners of
Constitutional Commissions
Kinds Of Presidential Appointments: 1. Regular Appointment –those made while the congress is in session
2. Ad Interim Appointment – appointments made by the president while the congress is not in session. Removal Power Of
The President:
The power of the president to remove is not absolute. There are some positions in the government where the power of
appointment is vested on the president but the power to remove is not exercised by the president. The power of removal
depends on the specific positions articulated in the constitution. A career service official with a fixed term cannot be removed
by the president.
Power Of Control Over All Executive Departments: Every department or bureaus in the executive branch is under the
command of the president. The president oversees the effectiveness, transparency and control of his/her appointees. For the
chief executive to manage and control the departments under his/her power, the president executes two duties: 1. The
Power Of Appointment. 2. The Power Of Removal.
Removal Power Of The President:
The power of the president to remove is not absolute. There are some positions in the government where the power of
appointment is vested on the president but the power to remove is not exercised by the president. The power of removal
depends on the specific positions articulated in the constitution. A career service official with a fixed term cannot be removed
by the president.
Power Of Control Over All Executive Departments: Every department or bureaus in the executive branch is under the
command of the president. The president oversees the effectiveness, transparency and control of his/her appointees. For the
chief executive to manage and control the departments under his/her power, the president executes two duties: 1. The
Power Of Appointment. 2. The Power Of Removal.

Functions And Powers Of The Chief Executive: 1. Executive Function/Power o Appointment and removal of cabinet
secretaries o Implementation of laws passed by Congress o Representing the Philippines in the international community and
foreign affairs o Command of the armed forces
2. Pardoning Power o Executes the spending authorized by Congress o Executes the instructions of Congress when it
declares war or make rules for the military
3. Veto Power
o Executive agreements o Creates treaties (must be ratified by the Senate) o Executive orders o Proclamations o
Presidential decrees o Administrative function o Preserves, protects and defends the Constitution o Oversees the
effectiveness of all departments under the executive o Administers the budget appropriated by Congress
4. Diplomatic Power o Executive agreements o Represents the state in the international community and foreign affairs o
Authority to contract and guarantee foreign loans o Power to appoint diplomats o Powers as Commander-in-Chief of the
Armed Forces o Has absolute control of the armed forces o Has the power to call out the armed forces to prevent or
suppress lawless violence o Empowered to created military tribunals
5. Military Power o To call out the Armed Forces o To meet emergency situations o To declare martial law o To suspend the
privilege of the writ of habeas corpus
6. Budgetary Power-- Prepares the budget o Executes the spending authorized by Congress
7. Pardoning Power o The president may grant reprieves, commutations, and pardons o The president may also grant
amnesty (with the concurrence of all the members of Congress)

Qualifications for Philippine Elective Office

Qualifications prescribed by law for public elective positions in the Philippines are continuing requirements and must be
possessed for the duration of the officer’s active tenure. It is the Philippine Congress which has the power to prescribe
additional qualifications and disqualifications.
The following is a simple list of the pertinent qualifications required for public elective positions in the Philippines:
Qualification for Philippine President and Vice-President:
1. natural born citizen of the Philippines
2. registered voter
3. able to read and write
4. at least 40 years of age on the day of election
5. resident of the Philippines for at least 10 years immediately preceding the election.
Qualifications for Philippine Senators:
1. natural born citizen of the Philippines
2. at least 35 years old on the day of the election
3. able to read and write
4. registered voter
5. resident of the Philippines for not less than 2 years immediately preceding the day of the election
Qualification for Philippine Congressmen (District Representative):
1. natural born citizen of the Philippines
2. on the day of the election at least 25 years old
3. able to read and write
4. registered voter in the district in which he shall be elected
5. resident thereof a period of not less than 1 year immediately preceding the day of the election.
Qualification for Philippine Party-List Representative (Sectoral representative):
1. natural born citizen of the Philippines
2. able to read and write
3. resident of the Philippines for a period not less than 1 year immediately preceeding the ay of the election
4. bona fide member of the sector he seeks to represent
5. on the day of the election is at least 25 years old BUT in case of youth sectoral representative, at least 25 years and not
more than 25 years old at the day of the election
Qualifications for Philippine Local Officials:
1. citizen of the Philippines
2. on the day of election at least 23 years old for Governor, Vice-Governor, member of sangguniang panlalawigan, mayor,
vice-mayor, sangguniang panglungsond in highly urbanized cities; while at least 21 years old for the said officials in
component cities and municipalities; at least 18 years old for members of the sangguniang panglungsod, sangguniang bayan
and sangguniang barangay and punong barangay; at least 15 years old and not more than 21 years of age for Sangguniang
kabataan.
3. able to read and write FIlioini or any other local language or dialect
4. registered voter in the constituency in the locality
5. Resident thereof for a period of not less than 1 year immediately preceding the day of the election

References :
Main Textbooks:
Dannug,R. et.al. 2004. Politics, Governance and Government with Philippine Constitution. Quezon City: C & E
Publishing, Inc.
Lazo,R.2009. Introduction to political Science. Manila: Rex Book Store
Other Reference:
Corpuz, R.et.al, 2012. Understanding the Philippine Constitution. Intramuros, Manila: Mindshapers Co., Inc.
De Leon, H. et.al, 2011.Textbook on the Philippine Constitution, 2011 Edition. Metro Manila: Rex Printing
Company, Inc.
Lazo, Ricardo.2009. Philippine Governance and the 1987 Constitution, 2009 Edition. Metro Manila:Rex Printing
Company, Inc.