You are on page 1of 35

P a g e | 257

PREAMBLE
Te term preamble is derived from the Latin word “preambulare” which means to
walk before. It is the introduction to the main subject.

It is the prologue of the Constitution. The preamble of the 1987 constitution is


reproduced hereunder:

“We, the sovereign Filipino people, imploring the aid of Almighty God, in order to
build a just and humane society and establish a government that shall embody our
ideals and aspirations, promote the common good, conserve and develop our
patrimony, and secure to ourselves and our posterity the blessings of independence
and democracy under the rule of law and a regime of truth, justice, freedom, love,
equality and peace, do ordain and promulgate this Constitution”

ARTICLE I – NATIONAL TERRITORY


The National Territory comprises the Philippine Archipelago, with all the islands
and waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains ,
including its territorial seas, the seabed, subsoil, the insular shelves, and other
submarine areas. The water 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


The function of the Declaration of Principles and State Policies in the constitution are:
1. To shed light on the meaning of the other provisions of the constitution; and
2. To guide all departments in the implementation of the Constitution

ARTICLE III – THE BILL OF RIGHTS


P a g e | 258

The Bill of Rights may be defined as declaration and enumeration of the


individual rights and privileges which the Constitution is designed to protect against
violations by the government or by individual or groups of individuals. It is a charter of
liberties for the individual and a limitation upon the power of the state.

Classification of Rights

1. Natural Rights – right possessed by every citizen without being granted by the
State for they are conferred by God to human being so that he may live a happy
life. Ex. The right to live and the right to love.
2. Contitutional Rights – rights conferred and protected by the Contitution. Since
they are part of the fundamental law, they cannot be modified or taken away by
the law- making body.

Classification of the Contitutional Rights


1. Political Rights – rights which give citizens the power to participate directly or
indirectly, in the establishment or administration of the government. Ex: rights of
citizenship and suffrage.
2. Civil Rights – right which the law will enforce at the instance of private individuals
for the purpose of securing them the enjoyment of their means of happiness.
2.1. Social and Economic Rights – rights are intended to insure the well being
and economic security of the individual.
2.2. Rights of the Accused – Intended for the protection of a person accused
of any crime.

3. Statutory Rights – provided by law promulgated by the law making body and
consequently, may be abolished by the same body.
Ex: rights to receive a minimum wage and to inherit property.

The Rights of the Individual As Provided by the Bill of Rights


P a g e | 259

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.

2. The right of person to be secured in their persons, houses, papers, and effect against
unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall be issued except upon
probable cause to be determined personally by the judge after examination under oath
or affirmation of the complaint and the witnesses he may produce, and particularly
describing the place to be search and the persons or things to be seized.

3. The privacy of communication and correspondence shall be inviolable except upon


lawful order of the court, or when public safety or order requires otherwise as prescribed
by law. Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in proceeding.

4. No law shall be passed abridging the freedom of speech, of expression, or of the


press, or right of the people peaceably to assemble and petition the government for
redress of grievances.

5. No law shall be made respecting an establishment of religion or prohibiting the free


exercise thereof.

6. The liberty of abode and 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.
P a g e | 260

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.

8. The right pf the people, including those employed in the public and private sectors, to
for union, associations, or societies for purposes not contrary to law shall not be
abridged.

9. Private property shall not be taken for public use without just competition.

10. No law impairing the obligation of contracts shall be passed.


11. Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.

12. (1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of
counsel, he must be provided with one.

These rights cannot be waived except in writing and in the presence of counsel. (2) No
torture, force violence, threat, intimidating, or any other means which vitiate the free will
shall be used against him.
P a g e | 261

Secret detention places, solitary, incommunicado, other similar forms of detention are
prohibited. (3) Any confession or admission obtained in violation of this or section 17
hereof shall be inadmissible in evidence against him (4) The law shall provide for penal
and civil sanctions for violations of this section as well 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.

13. All persons, except those charged with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be provided by law. The right to bail
shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.

14. No person shall be held to answer for a criminal offense due process of law. In all
criminal prosecution, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and by counsel, to be informed
of the nature and cause of accusation against him, to have a speedy, impartial, and
public trial, to meet the witnesses face to face, and to have compulsory process to
secure the attendance of witness and the production of compulsory process to secure
the attendance of witness and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused provided
that he has been duly notified and his failure to appear is unjustifiable.

15. The privilege of the writ of habeas corpus shall not be suspended except in case of
invasion or rebellion when the public safety requires it.
P a g e | 262

16. All persons shall have the right to a speedy disposition of cases before all judicial,
quasi-judicial, or administrative bodies.

17. No person shall be compelled to be a witness against himself.

18. (1) No person shall be detained solely by reason of his political beleifs and
aspiration. (2) No involuntary servitude in any form shall exist except as a punishment
for a crime whereof the party shall have been duly convicted.

19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless for compelling
reasons involving heinous crimes, the Congress hereafter, provides for it.

Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The
employment of physical, psychological, or degrading punishment against any prisoner
or detainee or the use of substandard or inadequate penal facilities under subhuman
conditions shall be dealth with by law.

20. No person shall be imprisoned for debt or non-payment of a poll tax.

21. No person shall be twice put in jeopardy of punishment for the same offense.

22. No expost facto law or bill of attainder shall be enacted.

ARTICLE IV – CITIZENSHIP
P a g e | 263

Citizenship denotes membership of a permanent character in a political


community. A citizen of a state is one who owes allegiance to it and is correspondingly
entitled to its protection.

Modes of acquiring citizenship


A person’s citizenship may be acquired either by birth or by naturalization. Those
who acquired citizenship by birth are considered as natural born citizens.

There are two principles in acquiring citizenship by birth – jus snguinis and jus
soli principles.

1. Citizenship by birth
A person’s citizenship is determined at the time of his birth by following either of
the following principles:

A. jus sanguinis – under this principle a child follows the nationality or citizenship
of the parents regardless of the place of his birth.

B. jus soli – under this principle a child citizenship is determined by the place of
his birth.

The Philippines adheres to the jus sanguinis principle


The Philippine law on citizenship adheres to the principle of jus sanguinis.
Thereunder, a child follows the nationality or citizenship of the parents regardless of the
place of his/her birth, as opposed to the doctrine of jus soli which determines nationality
or citizenship on the basis of place of birth. (Valles vs Commission on Elections, G.R.
No.137000, August 9, 2000)
P a g e | 264

2. Citizenship by naturalization
Naturalization refers to an act whereby a person acquires a citizenship different
from that person’s citizenship at birth. Naturalization is most commonly associated with
economic migrants or refugees who have immigrated to a country and resided there as
aliens, and who have voluntarily and actively chosen to become citizens of that country
after meeting specific requirements.

A. Administrative Naturalization under Republic Act No. 9139, also known as


the Administrative Naturalization Act of 2000.

Special Committee on Naturalization

There shall be constituted a Special Committee on Naturalization herein referred to as


the “Committee”, with the Solicitor General as chairman, the Secretary of Foreign
Affairs, or his representative, and the National Security Adviser, as members, with
the power to approve, deny or reject applications for naturalization as provided in this
Act. (Section 6, R.A.9139)

b. Judicial Naturalization under Commonwealth Act No. 473


The applicant for naturalization must file his petition for naturalization with the Court.

c. Citizenship by Congressional grant


The Congress of the Philippines may enact a law which would grant an alien an
outright Philippine citizenship.
P a g e | 265

An example of this mode of acquiring Philippine citizenship by an alien is Republic Act


No. 8266 which was approved on February 20, 1997 and granted Filipino citizenship to
Rev. Fr. Paul Van Parijs, CICM, a Belgian citizen and a Roman Catholic Priest of the
Congregation of the Immaculate Heart of Mary (CICM). (Duka, 2010)

Natural born citizens


Based on the express provisions of the 1987 Consitution, the following are
natural born citizens of the Philippines:
1. Citizens of the Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship;
2. Those born before January 17, 1973 of Filipino mothers, who elect
Philippine citizenship upon reaching the age majority.

Duties and Obligations of a Citizen

1. To be loyal to the Republic


2. To defend the State
3. To contribute to the development and welfare of the State
4. To uphold the Constitution and obey the laws
5. To cooperate with the duly constituted authorities
6. To exercise rights responsibly and with due regard for the rights of toher
7. To engage in gainful work
8. To register and vote

ARTICLE V – SUFFRAGE
Suffrage is the right and obligation to vote of qualified citizens in the election of
certain national and local officers of the government and in the decision of public
questions submitted to the People.
P a g e | 266

Scope of Suffrage

1. Election – A political exercise whereby the sovereign people chose a


candidate to fill up an elective government position.
2. Plebiscite – A political right of the sovereign people to ratify or eject
constitutional amendments or proposed laws.
3. Referundum – the right reserved to the people to adopt or reject any act or
mesure which has been passed by a legislative body and which in most cases would
without action on the part of the electors become law.
4. Initiative – the power of the people to propose bills and laws, and to enact or
reject them at the polls, independent of the legislative assembly.
5. Recall – a system by which an elective official is removed by popular vote
before the end of his term.

Persons Disqualified to Vote. Any person who has been sentenced by final
judgment to suffer imprisonment for not less than one year, such disability not having
been removed by plenary pardon or granted amnesty. But such person shall
automatically reacquire the right to vote upon expiration of five years after service of
sentence;

Any person who has been adjudged by final judgement by competent court or
tribunal of having committed any crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the anti subversion and firearms
laws, or any crime against national security, unless restored to his full civil and political
rights in accordance with law. Such person shall likewise automatically regain his right
to vote upon expiration of five years after service of sentence; and
P a g e | 267

Insane or incompetent persons as declared by competent authority.

ARTICLE VI – LEGISLATIVE DEPARTMENT

Legislative power is essentially the authority under the Constitution to make laws
and to alter and repeal them. Under the present set-up, the legislative department is
divided into two chambers: the Senate with 24 members and the House of
Representatives with note more than 250 members, 20 percent of which comes from
the party list representatives.

Qualification of Senators
1. Natural born Citizens of the Philippines
2. At lest 35 years old on the day of election
3. Able to read and write
4. A registered voter
5. A resident of the Philippines for 2 years preceding the day of election

Qualifications of Representatives
1. Natural born Citizens of the Philippines
2. Atleast 25 years old on the day of election
3. Able to read and write
4. A registered voter in his district (except the party list)
5. A Resident of the Philippines for at least a year before the day of election

HOW A BILL BECOMES A LAW


P a g e | 268

LEGISLATIVE PROCESS FLOW CHART

HOUSE SENATE
FILING OF BILLS FILING OF BILLS

FIRST READING FIRST READING


Assigned Assigned
number,title,author number,title,author,Committee
Committee Referral referral

COMMITTEE HEARINGS COMMITTEE HEARINGS


Approval without Approval without
Amendments,substitutions, amendments,substitutions,
Consolidations Consolidations

COMMITTEE REPORT COMMITTEE REPORT

COMMITTEE ON RULES COMMITTEE ON RULES

SECOND READING
SECOND READING Period of Debate:
Period of Debate: -Reading of bill
-Reading of Bill -Sponsorship
-Sponsorship -Interpellation
-Interpellation -Turno en Contra
-Turno en Contra -Rebuttal
-Rebuttal PERIOD OF AMENDMENTS
PERIOD OF AMENDMENTS -Committee amendments
-Committee amendments -Individual amendments
-Individual amendments APPROVAL ON SECOND
APPROVAL ON SECOND READING
READING
P a g e | 269

THIRD READING THIRD READING


-Distribution to members -Distribution to members
-In printed final form -In printed final form
-Approval -Approval

ROLL CALL VOTE ROLL CALL VOTE

CONFERENCE COMMITTEE
Compromise version prepared and set to each
Chamber for final approval

Compromise version approved and ordered printed


in enrolled form

PRESIDENT
Sign into law or vetoes and sends back to
Congress with veto message
P a g e | 270

The Party – list system

Based on Article VI, Section 5 (2) of the Constitution as implemented by Republic


Act No. 7941, the different sectors of the Philippine society like the farmers, labors,
education, women, youth and others except the religious sector shall be represented in
the congress.

The different sectors from a party and register their respective parties with the
Commission on Elections.The voters for the party that they want in the ballot on election
day and the Party who garners at least two per cent of the votes will be entitled to one
party list representative in Congress.

ARTICLE VII – EXECUTIVE DEPARTMENT

The executive power is vested in the President of the Philippines. Executive power
is defined as the power to administer the laws, which means carrying them into practical
operation and enforcing their due observance.

Qualificatios of the President and Vice-President

1. A natural born citizen of the Philippines


2. A registered voter
3. Able to read and write
4. At least forty (40) years of age on the day of the election for President
5. A resident of the Philippines for at least ten years immediately preceding such
election.

List of Philippine Presidents

1. Emilio Aguinaldo (January 23, 1899 – April 1, 1901)

2. Manuel L. Quezon (November 15, 1935 – August 1, 1944)

3. Jose P. Laurel (October 14, 1943 – August 17, 1945)

4. Sergio Osmeña (August 1, 1944 – May 26, 1946)

5. Manuel A. Roxas (May 26, 1946 – April 15, 1948)

6. Elpidio Quirino (April 17, 1948 – December 30, 1953)


P a g e | 271

7. Ramon Magsaysay (December 30, 1953 – March 17, 1957)

8. Carlos Garcia (March 18, 1957 – December 30, 1961)

9. Diosdado Macapagal (December 30, 1961 – December 30 1965)

10. Ferdinand Marcos (December 30, 1965 – February 25, 1986)

11. Corazon Aquino (Febuary 25, 1986 – June 30, 1992)

12. Fidel Ramos (June 30, 1992 – June 30, 1998)

13. Jose Ejercito Estrada (June 30, 1998 – January 20, 2001)

14. Gloria Arroyo (January 20, 2001 – June 30, 2010)

15. Benigno Simeon Aquino, III (July 1, 2010 – June 30, 2016)

16. Rodrigo Roa Duterte (July 1, 2016 – June 30, 2022)

List of Philippine Vice Presidents

1. Mariano Trias (January 23, 1899 – April 1, 1901)

2. Sergio Osmeña (November 15, 1935 – August 1, 1944)

3. Benigno Aquino Sr. and Ramon Avancena (October 14, 1943 – August 17, 1945)

4. Elpidio Quirino (May 26, 1946 – April 15, 1948)

5. Fernando Lopez (April 17, 1948 – December 30, 1953)

6. Carlos Gacria (December 30, 1953 – March 17, 1957)

7. Diosdado Macapagal (March 18, 1957 – December 30, 1961)

8. Emmanuel Pelaez (December 30, 1961 – December 30, 1965)

9. Fernando Lopez (1965 – 1969 and 1969 – 1972)

10. Salvador Laurel (Febuary 25, 1986 – June 30, 1992)


P a g e | 272

11. Jose Ejercito Estrada (June 30, 1992 – June 30, 1998)

12. Gloria Arroyo (June 30, 1998 – January 20, 2001)

13. Teofisto Guingona (January 20, 2001 – June 30, 2004)

14. Manuel De Castro (July 1, 2004 – June 30, 2010)

15. Jejomar Binay (July 1, 2010 – June 30, 2016)

16. Maria Leonor Robredo (July 1, 2016 – June 30, 2022)

ARTICLE VIII – JUDICIAL DEPARTMENT

The Judicial power is vested in the Supreme Court and in such lower courts as may
be established by law. Judicial power is the power to apply the laws to contests or
disputes concerning legally recognized right or duties between the state and private
persons, or between individual litigants in cases properly brought before the judicial
tribunal.

The Supreme Court is composed of a Chief Justice and 14 Associate Justices. It


may sit en banc or in its discretion, in division of three, five or seven members.
Qualifications of the Justices

1. A natural born citizen of the Philippines


2. At least 40 years old
3. A judge or a law practitioner for 15 years in the Philippines
4. A person of proven competence, integrity, probity and independence

The Judicial and Bar Council nominates at least three candidates to the President
for every vacant position in the Supreme Court and other lower courts.

It is the body that screens and nominates to the president prospective appointees
to Philippine courts. It is composed of:

1. Chief Justice – ex- officio chairman


2. Secretary of Justice
3. Representative from Congress
4. Representative from integrated Bar of the Philippines
5. A professor of law
6. A retired member of the Supreme Court
7. A representative of the private sector
P a g e | 273

The Philippines Court System

SUPREME
COURT

COURT OF TAX COURT OF SANDIGAN


APPEALS APPEALS BAYAN

REGIONAL TRIAL COURTS SHAREA DISTRICT COURTS

MUNICIPAL METROPOLITAN SHAREA CIRCUIT


TRIAL COURT TRIAL COURTS COURTS
IN CITIES

MUNICIPAL TRIAL MUNICIPAL CIRCUIT


TRIAL COURTS TRIAL COURTS

REGULAR COURTS- NOT BOLD


SPECIAL COURTS- BOLD
P a g e | 274

ARTICLE IX – CONSTITUTIONAL COMMISSIONS

The Constitutional Commissions which are independent are the Civil Service
Commission, the Commission on Election and the Commission on Audit. Their
creation is established in the Constitution because of the extraordinary importance of
their functions and the need to insulate them from undesired political interference of
pressure.

Their independence cannot be assured if they were to be created merely by statute.

The Civil Service Commission

The term civil service embraces all branches, subdivisions, instrumentalities, and
agencies of the Government, including government-owned or controlled corporations
with original charters.

The Civil Service Commission is composed of a Chairman and two


Commissioners who shall be: natural-born citizens of the Philippines, at the time of their
appointment, at least thirty-five years of age, with proven capacity for public
administration and must not have been candidates for any elective position in the
elections immediately preceding their appointment.

The chairman and the two commissioners are appointed by the president with the
concurrence of the Commission on Appointments for seven years without any
reappointment.

The Commission on Elections (COMELEC)

The Commission on Elections is composed of a Chairman and six


Commissioners who shall be natural-born citizens of the Philippines, at the time of their
appointment, at least thirty five years of age, holders of a college degree, aand must not
have been candidates for any elective positions in the immediately preceding elections.

However, a majority thereof, including the Chairman, shall be members of the


Philippine Bar who have been engaged in the practice of law for at least ten years. The
Chairman the Commissioners are appointed by the President with the concurrence of
the Commission on Appointments for seven years without any reapoinment.

The Commission on Audit (COA)


P a g e | 275

The Commission on Audit is composed of a Chairman and two Commissioners,


who shall be natural born citizens of the Philippines. At the time of their appointment, at
least thirty years of age, Certified Public Accountants with not less than ten years of
auditing experience, or members of the Philippine Bar who have been engaged in the
practice of law for at least ten years, must not have been candidates for any elective
position in the elections immediately preceding their appointment.

At no time shall all Members of the Commission belong to the same profession.

The chairman and the Commissioners shall be appointed by the President with the
consent of the Commission on Appointments for a term of seven years without
reappointment. Appointment to any vacancy shall be only for the unexpired portion of
the term of the predecessor. In no case shall any Member be appointed or designated
in a temporary or acting capacity.

ARTICLE X – LOCAL GOVERNMENT

The term local government refers to a political subdivision of a nation or state


which is constituted by law and has substantial control of local affairs, with officials
elected or otherwise locally selected. The implementing law for this Article is Republic
Act 7160 or the Local Government Code of 1991.
Region- A sub-national administrative unit comprising of several provinces
having more or less homogenous characteristics, such as ethnic origin if inhabintants,
dialect spoken, agricultural produce, etc.

Province – The largest unit in the political structure of the Philippines. It consists,
in varying numbers, of municipalities and, in some cases, of component cities.

Its functions and duties in relation to its component cities and municipalities are
generally coordinative and supervisory.

City – There are three classes of cities in the Philippines: the highly urbanized,
the independent component cities which are independent of the province, and the
component cities which are part of the provinces where they are located and subject
to their administrative supervision.

Municipality – Is a political corporate body which is endowed with the facilities of


a municipal corporation, exercised by and through the municipal government in
conformity with law.
P a g e | 276

It is a subsidiary of the province which consists of a number of barangays within its


territorial boundaries, one of which is the seat of government found at the town proper
(poblacion).

Barangay – The smallest political unit into which cities and municipalities in the
Philippines are divided. It is the basic unit of the Philippine political system.

It consists of less than 1,000 inhabitants residing within the territorial limit of a city or
municipality and administered by a set of elective officials, headed by a barangay
chairman (punong barangay).

City Classification

Highly urbanized Cities – Cities with a minimum population of two hundred


thousand (200,000) inhabitants, as certified by the Philippines Statistics Authority, and
with the latest annual income of at least One Hundred Million Pesos (100,000,000,) as
certified by the city treasurer.

Independent Component Cities – Cities whose charters prohibit their voters


from voting for provincial elective officials. Independent component cities shall be
independent of the province.
Component Cities – Cities which do not meet the above requirements shall be
considered component cities of the province in which they are geographically located.

If a component city is located within the boundaries of two (2) or more provinces, such
city shall be considered a component of the province which it used to be a municipality.

LIST OF PROVINCES

As of December 31, 2017 there are 17 regions, 81 provinces, 144 cities, 1490
municipalities and 42029 barangays

Region I (Ilocos Region) Region II (Cagayan Valley)


Ilocos Norte Batanes
Ilocos Sur Cagayan
La Union Isabela
Pangasinan Nueva Vizcaya
Quirino

REGION III (Central Luzon) REGION VIII (Eastern Visayas)


Aurora Eastern Samar
P a g e | 277

Bataan Leyte
Bulacan Northern Samar
Nueva Ecija Samar (Western Samar)
Pampanga Southern Leyte
Tarlac Biliran
Zambales

REGION IV (Southern Tagalog) REGION IX (Zamboanga Peninsula)


Region IV A-CALABARZON Zamboanga Del Norte
Cavite Zamboanga Del Sur
Laguna Zamboanga Sibugay
Batangas
Rizal
Quezon REGION X (Northern Mindanao)
Bukidnon
REGION IV B-MIMAROPA Camiguin
Occidental Mindoro Lanao Del Norte
Oriental Mindoro Misamis Occidental
Marinduque Misamis Oriental
Romblon
Palawan REGION XI (Davao Region)
Davao Del Norte
REGION V (Bicol Region) Davao Del Sur
Albay Davao Oriental
Camarines Norte
Camarines Sur Davao Occidental
Catanduanes Compostela Valley
Masbate
Sorsogon REGION XII (SOCCSKSARGEN)
South Cotabato
REGION VI (Western Visayas) Sultan Kudarat
Aklan Cotabato (North Cotabato)
Antique Sarangani
Capiz
Guimaras
Ilo-Ilo
Negros Occidental
REGION XIII (Caraga)
Agusan Del Norte
REGION VII (Central Visayas) Agusan Del Sur
Bohol Surigao Del Norte
Cebu Surigao Del Sur
Negros Oriental Dinagat Islands
Siquijor

CAR- Cordillera Administrative NCR-NATIONAL CAPITAL REGION


P a g e | 278

Region City of Manila Municipality City

Abra Quezon City Las Piñas City


Benguet Caloocan City Parañaque City
Pasig City San Juan City
Ifugao Pasay City Taguig City
Kalinga Makati City Pateros
Mountain Province Mandaluyong City Navotas City
Apayao Marikina City Valenzuela City
Malabon City
ARMM – Autonomous Region in
Muslim Mindanao
Basilan
Lanao Del Sur
Maguindanao
Sulu
Tawi-Tawi

ARTICLE XI – ACCOUNTABILITY OF REPUBLIC OFFICERS

A public office is the right, authority and duty created and conferred by law which,
a given period either fixed by law or enduring at the pleasure of the appointing power,
an individual is invested with some portion of the sovereign functions of the government
to be exercised by him for the benefit of the public. This individual so invested is a
public officer.

Section 1. It enunciates the principle of public accountability. It sets down in


unequivocal terms the mandate that all government officials and employees, whether
they be highest in the land or the lowest public servants, shall at all times be
answerable for their misconduct to the people from whom the government derives its
powers.

Impeachment is a method of national inquest into the conduct of public men.

Impeachable Officials

1. President
2. Vice President
3. Members of the Supreme Court
4. Members of the Constitutional Commissions
5. Ombudsman
P a g e | 279

The Grounds for impeachment are

1. Culpable violation of the Constitution


2. Treason
3. Bribery
4. Graft and corruption
5. Other high crimes
6. Betrayal of public trust

The Ombudsman (Tanodbayan)

There shall be one Ombudsman and one overall Deputy and at least one Deputy
each for Luzon, Visayas and Midanano and one Deputy for the military establishment.

The Ombudsman and his Deputies shall be appointed by the President from a list of six
nominees prepared by the judicial and Bar Council, without the need for confirmation by
the Commission on Appointments .

The Ombudsman and his deputies must be natural born citizens of the
Philippines; at least forty years old at the time of appointment; members of the
Philippine Bar (lawyers); and must not be candidates in any elective office in the
preceding election.

The Ombudsman has a duty to investigate upon his own initiatives or upon
complaints of any person any act or omission of any public official, office or agency
when such act or omission appears to be illegal, unjust improper, or inefficient.

He can direct the officer concerned to take appropriate action against a public official or
employee at fault and recommend his removal, suspension, demotion, fine, censure or
prosecution

ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY

The national economy refers to the entire structure of economic life in a country.
It encompasses all the activities relating to or concerned with the production, distribution
and consumption of goods and services, and what are called”factors of production’
which are utilized to carry out these activities.
P a g e | 280

The national patrimony refers to the natural resources of our country which under
the Constitution includes all lands of the public domain, waters, minerals, coal,
petroleum, etc. It is the obligation of every generation to love and care for their national
patrimony, to conserve and develop it for the benefit of succeeding generations.

ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS

Social justice is not a mere slogan to express concern for the plight of the poor
and the downtrodden. As a mandate imposed by the constitution, it requires the
adoption by the State of measures that guarantee the right of all the people to equality
of opportunity in all fields of human endeavor and to equitable sharing of social and
economic benefits with special emphasis on such measures that ameliorate the
standard of living of the under privileged groups.

The end of social justice measures or programs should be to assure that those
who are less favored in lfe be more favored in law.

ARTICLE XIV – EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE


AND SPORTS

The states shall protect and promote the right of all citizens to quality education
at all levels and shall take appropriate steps to make such education accessible to all.

Establish, maintain and support a complete, adequate and integrated system of


education relevant to the needs of the people and society;

Establish and maintain a system of free public education in the elementary and
high school levels.

Without limiting the natural rights of parents to rear their children, elementary education
is compulsory for all children of school age;

Establish and maintain a system of scholarship grants, student loan programs,


subsidies and other incentives which shall be available to deserving students in both
public and private schools, especially to the underprivileged;
P a g e | 281

Encourage non-formal, informal and indigenous learning system, as well as self


learning, independent and out of school study programs particularly those that respond
to community needs.

Provide adult citizens, the disabled, and out of school youth with training in civics
vocational efficiency, and other skills.

All educational institutions shall include the study of the Concstitution as part of
the curricula.

They shall inculcate patriotism and nationalism, foster love of humanity, respect
for human rights, appreciation of the role of national heroes in the historical
development of the country, strengthen ethical and spiritual values, develop moral
character and personal discipline, encourage critical and creative thinking, broaden
scientific and technological knowledge, and promote vocational efficiency.

At the option expressed in writing by the parents or guardians, religion shall be


allowed to be taught to their children or wards in public elementary and highschools
within the regular class hours by instructors designated or approved by the religious
authorities of the religion to which the children or wards belong, without additional cost
to the Government.

All educational institutions shall be owned by the Filipinos or corporations or


associations of which at least 60 percent is owned by such citizens.

Control and administration of educational institution shall be vested in citizens of the


Philippines.

No school shall be established solely for aliens and no group of aliens shall
comprise more than one third of the enrolment in any school.

All assets of non stock, non profit educational institutions used actually, directly
and exclusively for educational purposes shall be exempt from taxes and duties.

Academic freedom shall be enjoyed by all institutions of higher learning.


P a g e | 282

Every citizen has the right to select a profession or a course of study subject to
fair, reasonable and equitable admission and academic requirements.

The state shall enhance the right of teachers to professional advancements.

The state shall assign the highest budgetary priority to education and ensure that
teaching will attract and retain its rightful share of the best available talents through
adequate remuneration and other means of job satisfaction and fulfilment.

ARTICLE XV – THE FAMILY

The State recognizes the Filipino family as the foundation of the nation.

Accordingly, it shall strengthen its solidarity and actively promote its total development.

The family is very important to the state because it is the basic social institution.

The family is the very heart of society and the community’s first socializing agency.

ARTICLE XVI – GENERAL PROVISIONS

The general provisions include the following:

1. The flag of the Philippines and compulsory flag ceremony.

2. The Congress is given the power to adopt a new name for the country, a national
anthem or a national seal.

3. The principle of non suability of the State.

4. The Armed Forces of the Philippines to include a citizen armed force.

5. Assistance to veterans, their widows and orphans.

6. Review of pensions and other benefits due to retirees.

7. Protection of consumers.

8. Ownership and management of mass media by Filipino citizens.


P a g e | 283

9. Regulation of the advertising agencies.

10. Creation of consultative body for indigenous cultural communities.

ARTICLE XVII – AMENDMENTS OR REVISIONS

Bot denote a change in the Constitution. Amendment is a change effected in


some parts of the Constitution without considering the whole document.

Revision is rewriting or substantially changing the Constitution in its entirety.

Any amendment to, or revision of, this Constitution may be proposed by:

The Congress, upon a vote of three-fourths of all its Members; or A constitutional


convention.

Amendments to this Constitution may likewise be directly proposed by the


people thtrough initiative upon a petition of at least twelve per centum of the total
number of registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters therein.
No amendment under this section shall be authorized within five years following the
ratification of this Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

The Congress may, by a vote of two thirds of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate the
question of calling such a convention.

Any amendment to, or revision of, this Constitution under section 1 hereof shall
be valid when ratified by a majority of the votes cast in a plebiscite which shall be held
not earlier than sixty days nor later than ninety days after the approval of such
amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority
of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later
than ninety days after the certification by the Commission on Elections of the sufficiency
of the petition.
P a g e | 284

ARTICLE XVIII – TRANSITORY PROVISION

The transitory provisions of a Constitution are schedules and ordinances forming


part of, or appended to, a Constitution to provide for the trasnsitiom from the old
government to the new and put the provisions of the new Constitution into effect, or to
qualify, restrict or limit some permanent provisions for a limited period.

Their main purpose is to obviate confusion which would otherwise arise during the
transition period. They have temporary or transient operation.

HUMAN RIGHTS

Human rights refer to those rights which human beings have simply because
they are human beings. These rights are quite independent of social circumstances or
the achievement level which the individual has attained.

A person’s human rights cannot be relingquished, transferred or forfeited by the actions


of another individual. Additional rights which a person may have are largely derived
from the human rights which are basic to each individual.

Advocates of Human Rights

1. Cleistenes (600 B.C) made military service and civil administration open to the poor
in ancient Greece.

2. Pericles (489-429 B.C) made democracy complete for all freemen of ancient Greece.

3. Aristotle (384-322 B.C) believed that justice and fairness must prevail in all human
affairs. Honor and riches in the society must be granted on the basis of the efforts
expended or the qualities which were displayed by each individual.

4. Marcus Tulius Cicero (106-43 B.C) proposed a well developed concept of natural law
which was eternal and which applied to all people at all times.

5. George Wilhelm Friedrich Hegel (1770-1831) believed that the most important agent
of history is the state, which is the creator and protector of values including human
rights.

6. Karl Marx (1818-1883) advocated communism as the only way to protect the rights of
the proletarian who are constantly oppressed by the bourgeois.
P a g e | 285

7. Jeremy Bentham (1748-1842) believed that the government is the one that issues
pious declarations about the rights of men, yet it is also the one that hampers the
implementatiom of these rights.

8. Thomas Aquinas (125-1274) advanced the idea that men have the right to disobey
manmade legislation which violate eternal principles of justice and equality.

9. Francois Marie Arouet Voltaire (1694-1778) contented persuasively for freedom of


the person, the press and religion.

10. Jean Jacques Rousseau (1712-1778) argued that if there was much evil in the world
it could not be blamed on man’s natural inclinations but on the social injustice and
inequality which drive man to commit every conceivable depraved act.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

One of the very first achievements of the United Nations is the Universal
Declaration of Human Rights by the General Assembly on December 10, 1948.

The Assembly proclaimed the Declaration a “common standard of achievement for all
peoples of all nations” It called upon all member states and all people to promote and
secure the effective recognition and observance of the rights and freedoms set forth in
the Declaration.
In 1950, the General Assembly decided that December 10 each year should be
observed internationally as Human Rights Day.

Articles 1 and 2 of the Declaration state that “all human beings are born free and
equal in dignity and rights and are entitled to all the rights and freedoms set forth in the
Declaration without distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.

Articles 3-21 of the Declaration set forth the civil and political rights to which all
human beings are entitled including:

The right to life, liberty and security of person;

Freedom from slavery and servitude;

Freedom from torture, cruel, inhuman or degrading treatment or punishment;

The right to recognition as a person before the law; equal protection of the law;

To be brought to an effective judicial remedy; freedom from arbitrary arrest,


detetion or exile; the right to a fair and public hearing by an independent and impartial
tribunal; the right to be presumed innocent until proven guilty;
P a g e | 286

o Freedom from arbitrary interference of privacy, family, home or


correspondence;

o Freedom of movement; the right of aslum; the right to a nationality;

o The right to marry and found a family; the right to own property;

o Freedom of thought, conscience and religion; freedom of opinion and


expression;

o The right of association and of assembly;

o The right to take part in government and the right of equal access to public
service.

Articles 22-27 of the Declaration set forth the economic, social and cultutral rights
which all human beings are entitled including:

o The right to social security;


o The right to work;
o The right to rest and leisure;
o The right to standard of living adequate for health and well being:
o The right to education; and
o The right to participate in the cultural life of the community.

The concluding Articles 28-30 recognize that everyone is entitled to social and
international order in which these rights and freedoms may be fully realized, and they
stress the duties and responsibilities which the individual owes to the community.

The Provisions stipulated in the Universal Declaration of Human Rights are now
adopted and enshrined in the Bill of Rights of the 1987 Philippine Constitution.

ECONOMICS

Economics is the study of how societies efficiently use scarce resources to


produce valuble commodities and distribute them to satisfy the need and wants of their
members.

It is also defined as the proper allocation and use of available resources for the
maximum satisfaction of human wants.

BRANCHES OF ECONOMICS

Economics is divided into two branches:


P a g e | 287

1. Macroeconomics which deals with the economic behavior of the whole economy or
its affregates such as government, business and the like.

It is concerned about the gross nationanal product, level of production, unemployment


rate, etc.

2. Microeconomics deals with the economic behavior of individual units or specific


segments of the whole economy such as firms, consumers, price of commodities and
the like.

DIVISIONS OF ECONOMICS

1. Production – the process of manufacturing goods needed by the people to


satisfy their needs.

2. Consumption – the proper utilization of economic goods.

3. Distribution – the marketing of goods and services to different economic


outlets for allocation to individual consumers.

4. Exchange – the process of transferring goods and services from one person
to another in exchange for something.

5. Public Finance – the activity of the government regarding taxation,


borrowings and expenditures

FACTORS OF PRODUCTION

Factors of producting are economic resources that are necessary to produce


economic goods. They are the following:

1. Land – natural resources


2. Labor – human resources or manpower
3. Capital – manmade physical producitive capacity such as plants, machine
tools and the like.

4. Entrepreneur – the person who organizes and coordinates all the other
factors of production to produce economic goods.

5. Foreign Exchange – the foreign currency reserve used for importing goods
and services in the process of production.

THE LAW OF DIMINISHING RETURNS


P a g e | 288

If states that when successive unit of a variable input (like farmers) work with a
fixed input (like one hectare of land ) beyond a certain point , the additional product
(output) produced by each additional unit of a variable input decreases (Fajardo,1986)

SUPPLY AND DEMAND

Supply is the flow of goods and services which the firms are willing or can make
available in the market at a given price structure.

Demand is the relationship between market price and the quantity demanded,
expressing how much of the same commodity or services one consumer or all
consumers would buy at a given real price schedule.

Price is the value of a product or service

The Law of Supply and Demand

It states that when the supply is greater than the demand, the price of goods or
services decreases; whereas, if the demand is greater than the supply, the price
increases, and if the supply is equal to the demand, the price remains constant.

MARKET MODELS

Market is an impersonal set of pressures bringing together supply and demand.


The different market models are the following:
1. Pure competition – a market situation where there is a considerable number
of sellers offering the same products.

2. Pure monopoly – a market situation where there is only one seller of a


particular good or service

3. Monopolistic competition – a market situation where there is a relatively


large number of small sellers offering where similar but not identical products.

4. Oligopoly – a market situation where there are few firms offering standardized
pr differentiated goods and services.

ECONOMIC SYSYTEMS

An economic system is a set of economic institutions that dominates a given


economy (Fajardo, 1986). The following are the major economic systems in the world
today
P a g e | 289

1. Capitalism. In this economic system, the factors of production and distribution


are owned by the private individuals or corporations.

2. Socialism. It is the bridge between capitalism and communism. It is a


combination of capitalism and communism. Under this system, the major factors of
production distribution and industries are owned and managed by the state, while the
minor industries are owned by the private sector.

3. Communism. It is exactly the opposite of capitalism, where all the factors of


production and all the industries are owned and managed by the state. It is also known
as command economy, where private property ownership is not allowed.

TAXATION

Taxation is the process by which the sovereign, through its lawmaking body,
raises income to defray the necessary xpenses of the government.

It also refers to the inherent power of the state to demand contributions to finance public
expenditures.

Tax is the enforced proportional contributions from persons and property levied
by the lawmaking body of the state by virtue of its sovereignty for the support of the
government and all public needs.

Characteristics of tax

1. It is an enforced contribution

2. It is generally payable in money

3. It is levied on persons or property

4. It is proportionate in character

5. It is levied by the lawmaking body of the state

6. It is levied by the state upon persons or property under its jurisdiction

Classification of taxes

A. According to subject matter or object

1. Personal, poll or capitation- tax of fixed amount imposed on persons


residing within a specified territory, whether citizens or not without regard to their
property or occupation or business.
P a g e | 290

Community tax (residence tax)

2. Property – tax imposed on property whether real or personal in proportion to


its value.

3. Excise – any tax than does not belong to the classification of a poll or property
tax. It is a charge imposed upon the performance of an act, the enjoyment of a privilege
or the engaging in an occupation.

B. As to who bears the burden

1. Direct – directly demanded from and paid by the taxpayer.

2. Indirect – demanded form one person in the expectation and intention that he
shall indemnify himself at the expense of another.

C. As to the determination of amount

1. Specific – tax of a fixed amount imposed by the head or number, or by some


standard or weight or measurement.

2. Ad valorem – tax of fixed proportion of the value of property with respect to


which the tax is assessed.

D. As to purpose
1. General, fiscal or revenue – tax imposed for general governmental purposes
and expenditures.

2. Special or regulatory – tax imposed for a special purpose

E. As to scope

1. National – tax imposed by the national government.

2. Municipal or local – tax imposed by local government units.

F. As graduation or rate

1. Proportional – tax which is based on a fixed percentage vis-à-vis the amount


of the property or other bases to be taxed.

2. Progressive or graduated – the tax rate increases as the tax base increases.
P a g e | 291

3. Regressive – the tax rate decreases as the tax base increases.

You might also like