PART I

CHAPTER I
A. Nature of Politics

In this topic, we shall discuss the different political theories, its history concepts, views and different
approaches to the study of politics. We shall also include in the discussion the different political
ideologies.

I. POLITICAL THEORIES

A. History of Political Theory

Political theory started about 2,500 years ago in Hellas, now Greece. People lived in
communities, each called a polis, which mean city state.

Ancient Greeks believed that:

1. Knowledge is universal, which means that truth is always right;
2. Government should be very active in correcting natures imperfection in making humans unequal;
3. There are four cardinal virtues: wisdom, courage, temperance and justice.

Aristotle, a Greek philosopher, wrote a book “the politics” where he called man a “political animal”.
Humans have an obligation to be active participants in the formulation of ethics.

WHAT IS THE VALUE OF POLITICAL THEORIES?

They make it possible for us to understand the present world of politics.

WHAT ARE THE DIFFERENT VIEWS ON POLITICS?

The different views on Politics:
1. As the art of government.
2. As public affairs
3. As compromises and consensus
4. As power and the distribution or resources of the views above cited, the view that politics is power is
the broadest and the most radical.
Because of the different views on politics, there are also various approaches to the study of politics.

WHAT ARE THE DIFERENT APPROACHES TO THE STUDY OF POLITICS?

1. The Philosophical Tradition

It involves ethical, prescription or normative questions reflecting a concern on what “should”, “ought”
or must be brought about or rather than what “is”.
2. The empirical Tradition
An Impartial account of political reality.
3. The Scientific Tradition
It provides objectives and quantitative data against which hypothesis could be tested.
4. Formal Political Theory
It also known as “political economy” “public choice theory” or rational choice theory”.

WHAT IS THE DISTINCTION BETWEEN PHILOSOPHICCAL AND EMPERICAL TRADITION?

The empirical tradition is descriptive because it seeks to analyze and explain while the philosophical tradition
is prescriptive because it makes judgments and offers recommendation.
WHAT IS IDEOLOGY?
It is a developed social philosophy or worldviews. It was first used in 1796 by Antoine Destutt de Tracy, a French
philosopher. An Ideology is basically a plan to improve society.

WHAT ARE CONSIDERED AS MAJOR IDIOLOGIES?

They are the following:

1. Classic Liberalism
2. Modern Liberalism
3. Classic Conservatism
4. Modern Conservatism
5. Marxist Socialism
6. Social Democracy
7. Communism
8. Nationalism

Classic Liberalism
Classic Liberalism started with the publication of the book “The Wealth of the Nation” by Adam Smith in
1776 who refuted mercantilism that whether a country could be considered rich dependent on the gold and silver
bullion in its treasury. Smith argued that the true wealth of a nation is not in the amount of bullion. But in the amount
of goods and services produced by the people of a country. (Politics and Government Santiago, pp 8-9). He advocated
the so-called laissez-faire policy, meaning let above policy or the government should not intervene in the economy.
Under liberalism, the view is that the market will regulate the economy with the result that efficient producer will
prosper and the inefficient will die. Therefore, the public will get the best products for the lowest price.

The motto of liberalism is: that government is the best that govern less.

Modern Liberalism
This is the ideology advocated by Thomas Hill Green, an Englishman in 1880 who argued that while
liberalism tried to achieve a free society, economic development take away that freedom. So that government
should step into the marketplace to generate the freedom to live at adequate level.

Classic Conservatism
This ideology was championed by Edmund Burke a member of the British parliament. It
advocated that the best practices and
institution in history should be conserved and if there would be changed it must be in gradual.

The basis of Burke was the view that people are only partly rational because they have widely
irrational passions of man. He emphasized religion, tradition and morality.

Modern Conservatism
An ideology that improved the original version of Adam Smith’s let alone policy. It was advocated by
Milton Friedman, a Nobel prize winner for economics who argued that Smith was right and that free market is
still the best environment.

Modern conservatism is in favor of prayer in public schools and of tax relief for parents who send their
children to church and schools. It is against abortion, women’s right and homosexual rights.

Marxist Socialism
An ideology advocated by Karl Marx, a German with a doctorate in Philosophy. Karl Marx’s ideology
had three integrated theories on economics, social class and history. The workers who produced things are paid
a fraction of the value of what they produce according to Marx, this is unfair. Therefore, the Marxian socialism
advocated a just productive society without class distinctions. In this manner, socialism will lead to
communism.

Social Democracy
An ideology articulated by Eduard Bernstein who revised Marxian and argued that Marx had been wrong
about the necessity for collapse of the system and revolution but reforms could also lead to socialism. Berntein
was criticized as “revisionist”.
 Its foremost exponent is the German Social Democratic Party which has been called the “mother of socialist
parties.”
Communism
It is also known as Marxian – Leninism named after Vladimir Lenin who shifted the Marxian focus from the
working class rising up against capitalist to the exploited nations rising up against imperialistic powers.

Nationalism
It has been described as “exaggerated belief in the greatness and unity of one’s country. It is the passionate
feeling that it is wrong to be ruled by others.

Unfortunately, nationalism as an ideology is very weak in content because it does not take a definite
ideological position on issues of unemployment, economic growth or mass poverty. In the past, nationalism was
explosive because it sought to free a nation from the domination of foreigners.

Today, nationalism seems to be implosive because the more common thrust is to break up a state unto a
various nations like that invoked by the Muslims in Mindanao, Philippines.

The extreme form of nationalism is known as fascism like that of Italy by Bensto Mussolini, Adolf Hitlter of
Germany and others.

New Ideology
After the collapse of communism in the later part of the 20 th century, new ideologies emerged. The following
new ideologies are:

1. Neo Conservatism
It is the protest against the alleged excesses of the welfare states which is perceived to encourage a
class of poor people dependent or welfare with little incentive to work. It emerged in US.

2. Communitarianism
It advocates the need to revive communities as institution between the state and the individual and
stronger family ties and moral education in schools. It appeared in Britain.

3. Feminism
The ideology that the law should guarantee equality of treatment regardless of gender. Gender roles
should be discarded, because they have little to do with biology. There are no important differences in the
mental capacities of the sexes.
(Politics and Government, Santiago. P15)

4. Environmentalism
The ideology that people should live in harmony with nature rather than destroy it. Destroy the
environment and it will fall back on you in the form of acid run-off that poison streams, air pollution,
chemical wastes, radioactive and nuclear wastes. Ecologist argues that massive burning of fossil fuels and
rainforest is creating a “greenhouse effect”. Thus, it changes the weather Ecologist recommends the
shelter in lifestyle:

 From cars to public transportation and bicycles

 From meat to vegetables
 From nuclear powered power plants to water and solar energy.
The environmentalists call themselves “Green”

5. Religious Fundamentalism
The ideology that politics is merely secondary to the revealed truth of religious doctrine. This ideology is best
exemplified in US by the New Christian Right, in Israel by the Jewish fundamentalism, in India, by the Hindu
fundamentalism and the most politically significant of modern fundamentalism is the Islamic fundamentalism
especially in the Philippines.

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 CHAPTER II
POLITICS IN THE PHILIPPINES

CONCEPTS OF POLITICS
Politics is power.

Any discussion about politics revolves around the question of power. As Bertram Gross would put it the
political process includes the “activities of people in various groups as they struggle and use of power to achieve
personal and group purposes. Concepts in Philippine Government, Magno (1968: 265) the political process therefore,
involves the struggle for power among contending political actors who are guided by political interest emanating from
historically specific social relations.

Politics is a universal phenomenon.

It involves disagreements and the reconciliation of those disagreements. Politics can occur at any level and not
just in the public sector.

Politics is authority and influence.

Politics power secure obedience not only by the threat of sanctions but also by the use of authority. Political
authority is the recognition of right to rule irrespective of the sanctions the ruler possesses. In addition to the political
authority, there is also political influence which implies the ability to change the behavior of other actors.

What is politics?
It refers to the activities associated with the governance of a country, especially the debate between parties
hoping to achieve power. (Santiago, Politics and Governance, p.1)

According to Harold Lasswell, politics is the study of who gets what, when, and how in society. But Robert
Dahl emphasized politics as the study of influence, power and authority.
However, to Hans Morgenthaau defines politics as the struggle for power.

What is traditional politics?

It is a brand of politics which emphasizes principle rather than personalities. It is also known as ideological
politics.
What is new about new politics is the unleashing of the dormant power of the middle class.

As David observed.

Philippine politics, however, while still predominantly electoral on its basic orientation, has also become
increasingly ideological especially amongst the urban middle classes. There is a growing skepticism and distrust for
professional politician and their narrow view of the meaning of political engagement (1984:17).

What is elite politics?

It is a brand of politics existing in the Philippines that is structured by a network of mutual aid relationship
between pairs of individuals.
In the words of Lande, the Philippine political elite are drawn largely from the following:

“those who can afford to be patrons, i.e. from landowners who have tenants, from employers and
from professional men whose occupations permit them to do favors for large numbers of ordinary voters
(1969:156).

What is people power?

It is a concerted effort of the multi-sectoral groups of society to dethrone a duly elected executive. Under the
Constitution of the Philippines, there is only one way to eject a duly elected executive. Presently, a duly elected
executive can be removed from office by people power. In other words, people power is an extra constitutional means
of removing an executive. EDSA I and II are most evident manifestations of that.

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 CHAPTER III
POLITICAL PARTIES

Elections are regarded as the hallmark of democracy. As such, it forms part of democracies of politics and the
intricacies of governance. One of the components of elections is the presence of political parties and interest groups. In
this chapter, we are going to define the terms political party, interest groups system, its functions, structure,
membership and party funds.

What is a political party?

It is the voluntary association of individual who advocate certain principles or policies as superior to all others
for the general conduct of government and which nominates and supports certain of its leaders as electoral candidate in
order to secure the most immediate adoption of their party platforms.

By the definition, political parties are differentiated directly through the electoral method by regularly and
sometimes support and campaign for party candidate but they rarely present formal candidates. By contrast, a political
party is a group of individual who believe in certain common principles and who are prepared to support certain
candidates and fight for victory in an election. (Political Science, Zaude pp. 177-178)

However, Heywood defines a political party as a group of people power by electoral or other means.
(Santiago, Politics and Governance p. 224)

What is interest group?

It is defined as any groups (organized or unorganized) which make certain claims upon other groups in the
society for the establishment, maintenance or enhancement of certain actions. The group is made up of individual who
share women’s club, businessmen’s club, etc.

What are the functions of political parties?

In general, political parties perform the following:

1. They recruit candidates for public office;
2. They nominate candidate;
3. They raise campaign funds;
4. They clarify the issue;
5. They unify diverse interest;
6. They mobilize voters;
7. They help run elections;
8. They write platforms;
9. They simplify voting choices;
10. They opposed the policies of other parties;
11. They help leaders to bridge the separation of powers;
12. They help in the peaceful management; Examples of Political Parties in the Philippines
13. They link popular wishes and government Partido Demokratiko Pilipino–Lakas ng
actions; PDP-Laban Bayan
14. They act as the opposition when not in LP Liberal Party
power. UNA United Nationalist Alliance
KBL Kilusang Bagong Lipunan
NPC Nationalist People’s Coalition
What are the reasons why individuals join political NP Nationalista Party
parties? Akbayan Akbayan
The reasons are: CIBAC Citizen’s Battle Against Crime
1. For patronage; PMP Pwersa ng Masang Pilipino
2. To get special treatment from the General Assembly Binding Women for
government; GABRIEL Reforms, Integrity, Equality, Leadership,
A and Action
3. To enhance their own career;
PNP Partido Nacionalista ng Pilipinas
4. Economic benefit
5. Personal gratification
6. To wield influence on the others; and
7. Ideological fulfillment.
What are the kinds of party systems?
There are basically three kinds of party systems, as determined according to the number of parties, which
compete for power, as follows:
1. The two party system
2. The multi-party system
3. The one-party system

What is a two-party system?

It is a system wherein the major political parties alternate with each other in the exercise of political power. It
is also known as a “turn-over system since there is really a turnover of power from one party to the other.

The two-party system has its advantage, namely:

1.) It is superior to the other party system because it enables voters to choose their candidate from only two major
parties, thus, ensuring simplicity and stability in the change of government.

2.) Under the two-party system, the losing party acts as the loyal opposition to force the party on power to focus
on important matter or else they lose their chance at the next elections when the opposition espouses the causes
which the other neglected.

3.) It assures a measure of political unity in the country and allows for a free interplay of opposing forced. It may
be disadvantageous also under the following circumstances:

a. When the politicians succumb to corrupt practices or to patronage of each other.

b. They may prevent worthy candidates outside the system from becoming elected.
c. Political instability, coup d’état or dictatorial rule may result if difference between the system is
irreconcilable.
The two party systems is found in USA and Great Britain.

What is a Multi-Party System?

It is a system where there are more than two political parties. This system leads to a coalition of parties
in order to secure a governing control of government. It is mostly found Western Europe i.e. Switzerland (a
parties) Italy (80 France 97)
It has the following advantages:
1.) It may honestly represent the various shades of political opinions in the country.
2.) It may bring our more truly democratic measures to satisfy important groups because the majority
has to work out a coalition instead of forcing such measure upon the reluctant and critical party.

The system is disadvantageous because of its occasional instability inaction.

What is One-Party System?

It is a system wherein only one political party holds power either because it towers above the others or
because it suppresses all other groups.

Usually this system is found in Asia and Africa. (Zaide, Political Science pp 117-186)

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 CHAPTER IV
PUBLIC OPINION

In both democratic and non-democratic societies, public opinion is a potent force. Is it not just an opinion but
something politicians must have to consider even in the formulation of party platforms. It may even be helpful to
government authorities in shaping their policies and programs of government.

WHAT IS PUBLIC?
It is a recognized group of people concerned with an issue.

WHAT IS AN ISSUE?
It is a contemporary situation with a likelihood of a disagreement.

WHAT IS PUBLIC OPINION?

It is a complex of beliefs expressed by a significant number of persons on an issue of public importance.

This definition contains the basic elements of public opinion namely:

1. An issue or combination of issues of national significance must be present;
2. There must be a group of persons who are concerned with or affected by the issue;
3. There must be difference of opinions among the public;
4. The different views of opinions must be expressed; and
5. The size of the public which is interested in the issue must be big enough to attract attention.

WHAT IS THE NATURE OF PUBLIC OPINION?

In political science, opinion signifies a point of view on some issues of public interest. If there are individual
differences, opinions also differ when we speak of public opinion, we usually mean the expression of ideas either for
or against the issue be members of the public.

WHAT FACTORS INFLUENCE PUBLIC OPINION?

They are:
1. Internal
2. External

The internal influences are found in the biological and psychological make-up of the people while the external
influences are found in the physical and cultural environment of the people.

The internal influences on public opinion are:

1.) Biological needs
People have to satisfy basic needs in order to exist. They will hold favorable opinions of those public
policies which they believe will support their basic needs. They will oppose those policies which they think will
hamper their existence or comfort.

2.) Psychological process

Opinion are the product of a personal experience which in turn derived from a number stimulation
which are either given importance or rejected depending upon his emotional and intellectual inclinations.

The external influence are :

1.) Physical environment
People who live within an island-based tend to be more wary of strangers and new ideas.

2.) Cultural Environment

An individual may change his physical environment, or it may be altered for him through
scientific advances, but he has to live within a made-made cultural environment which takes
slower to alter. Thus, culture has a relation to the society and the outlook of its people.
 3.) Membership in groups
Group participation of an individual who voluntarily join clubs and association to further
enhance their social, cultural and professional growth also influence the political opinion of
individuals.

WHAT ARE THE WAYS OF MEASURING PUBLIC OPINION?

They are:
1.) Traditional Way
The official going straight to the people and talking to them.

2. Public Opinion Polls

This is the modern and more accurate way measuring public opinion.

WHAT ARE THE MEANS OF EXPRESSING PUBLIC OPINION?

In general, the channels for the expression of public opinion are:
1.) Primary Groups and Primary Communications
The people who interact and communicate with each other are recognizable as
persons. They are engaged in person-to-person form of communication. They may be
recognized as family group, a civil group, a classroom or any other kind of face-to-face
contact with the people.

2.) Mass Communication

Mass communication or the mass media, transmit public opinion through the
following:
a.) Television, Radio and Social Media
The visual and oral involve the attention of the audience more
dramatically. Thus, the impact of television, radio and social media upon
public opinion is great.

b.) Newspapers
The press is the source of the most of need to formulate their opinion
on public issues.

c.) Minor Media

The minor media such as books and magazines may also supplement
the major media in the presentation of information on public issues.

ROLE OF MEDIA IN POLITICS

The mass media-newspapers, social media, television, radio, books and magazines are part of
the opinion- making and communications network which has sometimes been called the “forth branch
of government”. This is because it can balance the other three branches of government. Since we are
now in the “age of information”, our daily lives are heavily influence by what we read, see or hear in
the mass media.

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CHAPTER V
CONTEMPORARY DEMOCRATIZATION ISSUES

We live in a democratic society. But we must remember that although we have been freedom such freedom is
not absolute. It is limited by the police power of state.

WHAT IS DEMOCRACY
The simplest and most famous definition of democracy that of Abraham Lincoln in Gettysburg address: a
government of, by and for the people.

However, Francis Fukuyama defines democracy as a regime based on popular sovereignty usually
Institutionalized through periodic multi-party elections.
 The term democracy is a union of Greek words “demos” meaning people and “Kratla” meaning rule
Democracy, is therefore a form of government in which the people rule .

Actually, democracies differ. It is useful to agree on the minimal or procedural and optimal or substantive
meaning of democracy.

WHAT IS DEMOCRACY IN ITS MINIMAL OR PROCEDURAL MEANING?

In this sense, a political system is democratic to the degree that is most powerful decision makers are selected
through fair, honest and periodic elections in which candidates freely compete for votes and which virtually all the
adult population is eligible to vote (Hungtinton:7)

The basic procedural criteria are:

a.) Competitive election
b.) Possibility of alternation in power
c.) Broad universal Citizenship and suffrage
d.) Respect for the basic liberation and minority rights (Mainwaring, etal 297-298)

WHAT IS DEMOCRACY IN THIS OPTIMAL, SUBSTANTIVE MEANING?

In this sense, a political system is democratic to the degree that, beyond fulfilling the minimal procedural
criteria mentioned above, the peoples will is being effected in the process of governance, and the declared
constitutional and legal purpose and policies are being achieved through the relation to democratic norms and
expectations. Democracy is to put to the test of policy performance: the capability of its Institutions and leaders to
deliver what is promised and expected (Abueva, 1994: 40-43)

WHAT ARE THE BASIC MODELS OF DEMOCRACY?

They are:
1.) Direct or participatory democracy
2.) Liberal or representative democracy
3.) One –part democracy

Direct democracy, such as the kind practiced in the ancient Athens. In Athens, the citizens
governed,
and hence, there was no distinction between the rulers and the ruled. The citizens directly performed
legislative and judicial functions.

Liberal Democracy, such as that practiced in the Philippines, US, UK, Germany, Japan, Australia,
South Africa, Costa Rica, Senegal.

Hence, the governors are accountable to the governed. This is achieved through political
mechanism such as the secret ballot, regular voting and electoral campaign by these mechanism, the
citizens choose, authorized and controlled political decisions.

Single or one-party democracy is practical in the Soviet Union and Eastern Europe. It is
associated with Marxist Tradition.

WHAT ARE THE CONCEPTS OF DEMOCRATIZATION?

Democratization maybe understood as:

1.) The struggle for the establishment of a democratic state
2.) The struggle against an authoritarian regime, ending in its transformation or overthrow and
replacement by a democratic government.

The Philippine-American war and the Philippines Revolution against Spain are examples of the
first kind. While the resistance against Marcos Martial law and authoritarianism is an example of
the second kind.

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 CHAPTER VI
LOCAL GOVERNMENT

The adoption of the 1987 Constitution of the Philippine and the enactment of the Local Government Code of
1991 ushered the beginning of a “power shift”. A decentralized politico-administrative set-up has been lower
level political institution, thus widening the base for participation in governance and simply making the political
system more open and accessible.

WHAT IS DECENTRALIZATION?
According to Raul de Guzman, generally refers to the systematic and rational dispersal of power, authority and
responsibility from the center to the periphery, from top to lower levels or from the nationals to local
governments.

WHAT ARE THE MAJOR REASONS WHY GOVERNMENT SHOULD DECENTRALIZE?

These are two major reasons:

1.) Decentralization hastens decision making processes by the decongesting government and
decreasing red tape.
2.) It increases citizens participation and empowers then thereby leading to a more open and
democratic government.

WHAT ARE THE THREE MAJOR FORMS OF DECENTRALIZATION?

They are:
1.) Deconcentration
2.) Devolution
3.) Debureaucratization

WHAT IS DECOCENTRATION?
It involves the transfer of functions to lower level administrative units designated by the central office. It is
essentially a management tool to decongest the central office and spare it from having to act on matters including
routines and administrative ones that may be best addressed at the lower levels. However final substantive authority
still rests in the central office. Deconcentrations, is therefore, mostly administrative in nature.

WHAT IS DEVOLUTION?
It is transfer of powers and authorities to lower level or local government units.

The notion of devolution has always been related to that of local autonomy. Devolution is political in nature.

WHAT IS DEBUREAUCRATIZATION?
It is the transfer of powers and authorities to units not within the purview of government. This involves the
transfer of such to non-governmental organizations. (NGOs) and People’s Organization (Pos) including the private
sector all of which are referred to as “civil society. Debureaucratization also harnesses the energies of the private
sector to bring about good governance.

WHAT ARE THE SALIENT FEATURES OF THE LOCAL GOVERNMENT CODE OF 1992?

It has the following features:

1. It transfer the local governments the responsibility for the delivery of basic services, including health
agriculture, environment and natural resources and social services;
2. It transfer certain regulatory and licensing powers to local governments;
3. It increases the internal revenue allotment (IRA) share of local government from a low 11% to as high as
to percent;
4. It lays the policy framework for direct involvement of civil society, most especially NGOs and Pos in the
process of local governance; and
 5. It encourages LGUs to be more entrepreneurial by proving them opportunities to be business-like in their
operations by entering into joint ventures with the private sector, build-operate-transfer arrangements and
even floating of bonds.

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CHAPTER VII
INTERNATIONAL RELATIONS

States are sovereign in their own sphere. In other words, no state can interfere in the activities of
another state. However, states maintain ties with each other political, economic, historical, cultural and so on. To
govern their relations, states have developed certain ground rules, collectively known as international law, which
are respected and followed by member states.

WHAT IS INTERNATIONAL LAW?

It is that body of law which is composed of the principles and rules where states are required to observe in
their relations with each other.

WHAT ARE THE SOURCES OF THE INTERNATIONAL LAW?

The different sources of international are:

1. International Customs and usages
2. International treaties and diplomatic notes
3. Judicial decisions
4. Legal teachings
5. Decision of International Organizations

WHAT ARE THE DIFFERENT SCHOOLS OF THOUGHT ON INTERNATIONAL LAW?

There are three schools of thought on international law, namely:

1. The Naturalist
They believe that the relations between states are regulated by a higher law, the “Law of Nature” from
which international law is derived.

2. The Positivists
They believed that customs and treaties are the main sources of international; thus, international law is
valid only when states have given their consent, either tacit or implied to the law.

3. The Grotians
They believed that the Law of Nature is distinct from the Law of Nations, thereby assuming the
middle ground between the Naturalist and Positivists schools of thought.

WHAT ARE CONSIDERED MEMBERS OF INTERNATIONAK SOCIETY?

They are the following:

1. Individuals
2. States
3. International Organizations

WHAT ARE THE DOMESTIC INFLUENCES OF INTERACTION IN INTERNATIONAL SOCIETY?

There are basically five types of interaction between the members of the international society:
1. Diplomatic Relations
2. Propaganda
3. Economic Relations
4. Military Relations
5. Cultural Relations

WHAT ARE THE DOMESTIC INFLUENCES ON STATE BEHAVIOR?

 The domestic influences on state behavior are:
1. Geographical Position
2. Natural Resources
3. Industrial Capability
4. Military capability
5. Population
6. National character
7. Government efficiency
8. Personality of national leaders

WHAT IS DIPLOMACY?

It is the art of conducting negotiations of interests between states which cannot coerce each other.

WHAT ARE THE DIPLOMATIC AGENTS OF A STATE?

According to the new Vienna Convention on Consular Relations, Consular officers are ranked into:
1. Consul-general
2. Consuls
3. Vice consuls
4. Consular agents

Consular agents promote and protect the commercial interests of the sending states. They also perform
other duties like notarial acts, issuance of passport and visas, solemnizing marriage and supervising
authority over the vessels and crews.

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PART II
CHAPTER I
Historical Background

A. Philippine Government

I. Pre Spanish

It has been alleged that about 1433, the third chief of Panay, Datu Kalantiyaw, probably a
descendant of Datu Sumakwel, issued orders for the guidance of his people, the Code of Kalantiyaw.
(P. 26, History of the Filipino People, Agoncillo, Teodoro A.)

About 13th century, the 10 Bornean datus escaped the cruelty of sultan Makatunaw and decided to
leave Borneo and reached the Philippines, particularly Panay by boat called Balangay from which the Tagalog
word barangay was derived from. The barangay was the unit of the government and consisted of from 30 to
100 families. Each barangay was independent and was ruled by a chieftain. It was the primary duty of the
chieftain to rule and govern and to promote the welfare and interest of his subjects. A chieftain exercised all
the functions of the government-legislator, executor and a judge. The word of the chieftain is the law. He was
the one to execute the laws and decide cases and conflicts.

Laws were either customary or written. customary laws were handed down orally from generation to
generation and constituted the bulk of the laws of the barangay. The written laws were those that the chieftain
and his elders promulgated from time to time.
 Conflicts arising between subjects of different barangays were resolved by arbitration in which a board
composed of elders from neutral barangays acted as arbiter. No more justice delayed because trials were held
in public and decisions were rendered promptly. (p. 40-43, History of the Filipino People, Agoncillo, Teodoro)

II. Spanish Era

The Philippines during the Spanish regime was a Captaincy-General (1565-1821) administered by the Spanish
king through the viceroyalty of Nueva Espana. Bureaucracy in the colonial Philippines was divided into national and
local governments.

On the national level, with its seats of power in the Intramuros, Manila, the King, through the Royal and
Supreme Council of the Indies governed through his sole spokesman and representative in the Philippines, the
gobernador y captain-general. As Captain-General of the colony, he was the commander in chief of the Army and
Navy; president of the Royal (Real) Audiencia (Supreme Court); exercised power over ecclesiastical appointments in
the church.

On the provincial level, heading the provincial was the alcalde mayor (provincial governor) for the pacified
provinces and districts. For the unpacified provinces or military zones were headed by the corregidores.

On the municipal level, the captain municipal headed the pueblo or municipio. This was the highest position a
Filipino could attain during the Spanish regime.

Barrio government was headed by the cabeza de barangay whose main task was to collect taxes and
contributions for the gobernadorcillo.

III. American Era

In consonance with Pres, McKinley’s Benevolent Assimilation Proclamation, the United States introduced in
the Phillipines a regime of democratic partnership under which the Filipinos played the role of a junior partner.

Colonization implies the bringing over American practices and institutions. Partisan politics was one of those
institutions, which the Americans brought to the Philippines. With the founding of political parties, Filipinos began to
discern the American political pattern.

In 1916, national elections were honest and based on the merits of the issued involved. After creation of a
bicameral legislature in 1916, the Philippine politics followed the American groove. The electors hitherto, innocent,
began to be corrupted by politicians. Expenses of candidates soared; electors tasted for the first time the power of the
ballot, began to think in terms of personality and personal welfare Thus, many
American political practices finally found a rich soil in the Philippines. Political subdivisions during the
Spanish era were retained.

IV. Japanese Era

On Jan. 3, 1942, a day after Manila became occupied the Commander-in-chief of the Japanese
Imperial Forces Gen. Masaharu Homma issued a proclamation announcing the end of the American
occupation.

During the first month of the occupation, the status of the provinces and chartered cities remained
practically the came as during the Commonwealth years. In Jan. 23, Homma issued an order to Jorge B.
Vargas making him the Chairman the Executive Commission.

The national government was renamed the Central Administrative Organization composed of the
following apartments: Interior, Finace, Justice, Agriculture and Commerce, Education, Health and Public
Welfare and Public Works and Communications. Each of the department was headed by a Commissioner,
whose duty was to execute an administration within his jurisdiction under the control of the Chairman of the
Executive Commision.

On the provincial and municipal levels, the order provided for a status quo.

V. Martial Law

The late 60’s and the beginning of the 1970s saw the parliament of the streets. All sectors had joined
forces to demonstrate against the Marcos administration, which led to bloodshed and violent confrontations.
 Confronted such situations and coupled with the threat of the communist Party of Jose Ma Sison with NPA as
its arm, Pres. Ferdinand E. Marcos put the entire country under martial law on September 21, 1972 by virtue of
Presidential Proclamation No. 1081 invoking Article VII, Section 10 par. 2 of the 1935 Constitution.

Pursuant to Proclamation 1081, Pres. Marcos issued General Oder No. 2-A ordering the Secretary of
National Defense to arrest and detain persons who committed crimes and offenses in the furtherance or on
occasion or in connection with the crimes of insurrection or rebellion and those in one way or another,
committed and will commit crimes against society and the government.

After martial was declared, the Constitutional Convention convened. When the new charter was
finished, Pres. Marcos referred it to the Citizens Assemblies to consider the provisions of the proposed 1973
Constitution.
The results of the referendum showed the 1973 constitution was approved and ratified by the people
on January 17, 1973. With the approval of the 1973 Constitution, it resulted in:

a. The abolition of the legislative bodies;

b. The exercise by President Marcos of the powers of the President and The Prime Minister;
c. The change of the form of government from presidential to parliament; and
d. The exercise by the President of the power to call the Interim Assembly.

The Martial Law years brought some gains and losses to effect the desired changes and reforms in the
social, economic and political structure of society, Pres. Marcos issued P.D. No. 2 declaring the entire country
under reform area to solve the agrarian problems between the tenants from the bondage of the soil. To have
production of gains, President Marcos issued P.D. No. 4 that created the National Grains Authority. And, to
make the machinery of the government more responsive to the demands of the New Society, Pres. Marcos
issued P.D. No. 6, which prescribed the rules and regulations regarding discipline in the government service.

On the other side of the coin, some quarters of society were discontented in view of the alleged
violation of human rights and freedom of speech, expression and of the press.

B. Philippine Constitution

To understand better our constitution, let us try to trace their respective historical background. We had
prior to the 1987 Constitution, the Malolos Constitution, the 1935 Constitution and the 1986 Freedom
Constitution.

I. Malolos Constitution

Gen. Emilio Aguinaldo who was the President of the Republic of the Philippines at that time created a
committee to draft the constitution with Felipe Calderon as its prominent member, who adopted the
constitutional plan of Paterno which smelled strongly of the Spanish Constitution of 1889 with the advice of
Cayetano Arellano, Calderon drew up his plans for a constitution deriving inspirations from the constitution of
Brazil, Mexico, Belgium, Guatemala, Costa Rica and France. On January 21, 1899 Aguinaldo promulgated and
approved the Malolos Constitution.

II. 1935 Constitution

In accordance with the provisions of Independence Act, on July 10, 1934 the Filipinos elected 202
delegates to a constitutional convention with a task to draft the 1935 constitution. .

A subcommittee of seven “the seven wise men” prepared a draft of the 1935 constitution. They were:
Felimon Sotto, Chairman Norberto Romuladez, Manuel Roxas, Vicente Singson Encarnacion, Manuel Briones,
Miguel Guaderno and Conrado Benitez. It followed the American Model in structure and formal appearance,
exempt for a unicameral legislature and a unitary system of government. The Constitutional Convention
approved the 1935 constitution on February 8, 1935 and was ratified on May 14, 1935 (pp. 351-352 Ibid)

III. 1973 Constitution

On March 16, 1967, the Philippine Congress pursuant to the authority given to it by the 1935
Constitution passed a Resolution calling for a convention to proposed amendments to the Constitution. The
1971 constitutional convention began on June 1, 1971 but it was overtaken by the events went on September
21, 1972, martial law was imposed on the entire country and eventually some delegates were arrested and some
went into hiding. On November 30, 1972, the President issued P.D No. 73 which allowed the submission to the
Filipino people for ratification the proposed constitution that was approved by the convention on November 29,
1972. A plebiscite was set on January 15, 1973. However, it was postponed by the President (Marcos)
indefinitely by virtue of General Oder No. 20. Citizens Assemblies were organized by virtue of P.D. O. 86 and
were being asked the following questions: Do you approve the new Constitution? On January 17, 1973
announced that the proposed Constitution had been ratified by an overwhelming vote of the members of the
Citizens Assemblies. Bernas, Joaquin, The 1973 Constitution, Reviewer, pp. 1-2)

VI. The 1986 Constitution

As an offshoot of the martial law powers of Pres. Marcos and when the Filipino people cannot
swallow anymore the atrocities and oppressions brought about by the Marcos dictatorship, series of protest
were staged and the most famous of them all was the so called EDSA PEOPLE POWER because the people
convened at the Epifanio De los Santos Avenue, Manila. Consequently, Pres. Marcos was deposed and the
people instituted Mrs. Corazon C. Aquino as President. Immediately thereafter, Pres. Aquino issued Executive
Order No. 1 declaring the 1986 or the Freedom Constitution.

IV. The New 1987 Constitution

Marcos loyalist questioned the legitimacy of the Aquino presidency but Supreme Court put to rest the
issue by declaring that the Aquino government was legitimate. Moreover international community had already
recognized its legitimacy. But in order to erase doubts on the legitimacy issue, President Aquino created a
Constitutional Commission to draft the 1987 Constitution and eventually on February 2, 1987, the new
constitution was ratified and approved by the Filipino people.

- End -

CHAPTER-II

The Constitution: Its Meaning, Origin, Purpose and Classification

What is a Constitution?

Since Political Science is not an exact Science, it has different definitions. Thus, to Charles Borgeaud,
it is the fundamental law according to which the government of a State is organized and agreeably to which the
relations of individuals or moral person to the community are determined.
To Judge Cooley, it is the fundamental law of the State, containing the principles upon which government is
founded, regulating the division of sovereign powers and directly to what persons each of these powers is to be
exercised.
But in the words of Justice Miller, a constitution is a written instrument by which the fundamental powers of
government are established, limited and defined, and by which those powers are distributed among several
departments for their more safe and useful exercise for the benefit of the body politic.
In 16 C.J.S. notes 1, P.20, a constitution is the fundamental organic law of a state, which contains the principles
on which government is founded, and regulates the divisions and exercise of sovereign powers.
In the book of Neptali A. Gonzales, (Political Law, 1966 edition p. 61) a constitution is that body of rules and
maxims in accordance with which the powers of sovereignty are habitually exercised.

Where does the word constitution derive its meaning?

It is derived from the Latin word “constituo”, meaning fixed, established, settled.

What is the purpose of a Constitution?

The following are the purposes of a constitution:

1) To define the organization of the government;
2) To determine the distribution of the government powers;
3) To establish certain fixed principles governing the operation of the government;
4) To define the rights of individual citizens; and
 5) To hold the state together.

What are the different classifications of Constitutions?

They may be classified as follows;
1) According to the type of government for which they provide, as democratic aristocrat, oligarchic or autocratic;
2) According to their form, as written or unwritten;
3) According to the difficulty of amending process, as flexible or rigid; and
4) According to their origin, as follows:
a. Those which are the product of growth through a long period of time like the English constitution;
b. Those which were granted by a ruling prince or monarch like the Japanese constitution of 1899; or
c. Those, which have been created by the deliberate act of a sovereign people like the US Constitution.

Why is a Constitution so important?

It is important because of the following reasons:

1) The Constitution empowers the State.
2) It establishes values and goals.
3) It provides government stability.
4) It protects freedom.
5) It legitimates the regime.

What are the parts of a written constitution?

They are:
1) Constitution of government-provisions which set up government structure.
2) Constitution of Liberty-provisions which guarantee individual fundamental liberties against governmental
abuse.
3) Constitution of Sovereignty-provisions which outline the process whereby the sovereign people may change
the constitution.

CHAPTER-III
The State

What is a State?

It is a community of persons more or less numerous permanently occupying a definite portion of territory
independent from external control and possessing an organized government to which the great body of
inhabitants render habitual obedience.

What are the elements of State?

The following are the elements of State:

1) People
2) Government
3) Territory
4) Sovereignty

What is People?
It simply refers to the inhabitants of the state.
What is Territory?
It is the surface of the earth inhabited by the people.
What is Government?
It is an agency through which the will of the State is formulated, expressed and realized.
It derives its meaning from the Latin word “gubernaculum” which means a rudder or “gubernare” which means
to steer, control or direct.

Aristotle classified government into:

1) Monarchy-rule by one man
2) Aristocracy-rule by few man
3) Democracy-rule by the people

It can also be classified according to legitimacy into:

1) De jure- one established by authority of the legitimate sovereign
2) De facto- one established in defiance of the legitimate sovereign

But Burgess classified government as follows:

1) According to the identity or non-identity of the state with the government, into primary and representative
governments;
2) According to the nature of the official tenure into hereditary and elective governments;
3) According to the relations of the legislature to the executive into cabinet and presidential governments;
and
4) According to the distribution of governmental powers into unitary and federal.
What is Sovereignty?
It is the supreme power to command and enforce obedience, the power to which legally speaking, all interest
are practically subject and all wills subordinate.

What are the kinds of Sovereignty?

They are:
1) Legal or Political
2) Internal or External

What is Legal Sovereignty?

It is the supreme power to make laws.
What is Political Sovereignty?
It is the power of the people or the electorate.
What is Internal Sovereignty?
It is the power of the state to control all persons and things within territory.
What is External Sovereignty?
It is the freedom of a State from subjection or control by foreign states.

CHAPTER-IV
National Territory

As compared to other states, the Philippines is different as far as geographical aspect is concerned. The
Philippines is an archipelago.

What is an Archipelago?

It is a group of islands surrounded with waters.

It is for this reason that we invoke the so-called Archipelago Doctrine.

What is an Archipelago Doctrine?

It means that a group of islands shall be considered as national unit. The waters around between and connecting
the islands of the archipelago regardless of their breadth and dimensions form part of internal waters of the
Philippines.

What comprises the National Territory of the Philippines?

The answer to this question is no other than Section 1 of Article I. (But I will not consider your answer if you
will just put Section I, Article I) You must state: The National Territory comprises the Philippines 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 sea,
the sea-bed, the subsoil, the insular shelves and other submarine areas. The waters around, between and
connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal
waters of the Philippines.

What is Territorial Sea?

It is that part of the sea extending up to 12 nautical miles from the coastline.
As far as territorial sea is concerned, what is the extent of the claim of the Philippines?
It is 12 nautical miles from the coastline as approved by the United Nations Conference on the Law of the Seas
of 1982 (UNCLOS). The Philippines was represented by Senator Arturo Tolentino.
 What is Insular Shelf?
It is that part of the sea where the water is not more than 300 ft. deep even if beyond the 12-mile limit.

What is Internal Waters?

It is the waters with the baseline.

CHAPTER-V
Democracy and Republicanism

We are now under Article II on Declaration of Principles and State Policies. From Sections 1 to 6 deals on State
principles while from Sections 7 to 28 deal on State Policies.
Fitting for discussion is Section 1 which provides that the Philippines is a democratic and Republican State.
Sovereignty resides in the people and all government authority emanates from them.

What kind of State is the Philippines?

The Philippines is a Democratic and Republican State.

What makes the Philippines a Democratic State?

The Philippines is a democratic state because it has a government whose affairs are run and managed by the
representatives of the people.

What is Democracy?
It is a government by the people, for the people and of the people.
It is also defined as a regime based on the principle of popular sovereignty, usually institutionalized thru
periodic multi-party elections.(Santiago, Miriam Defensor, Politics and Governance with Phil. Constitution,
P.182)

What makes the Philippines a Republican State?

The Philippines s a Republican State because there are some manifestations of a Republican State that [prevail
in the Philippines.

What are these manifestations that prevail in the Philippines?

To cite some, they are:

1) The existence of the Bill of Rights.
2) The observance of the rule of the Majority.
3) The presence of election through popular will.
4) The observance of the principle that the state cannot be sued without its consent.
5) The observance of the principle that ours is a government of laws and not of men.
6) The observance of the principle of non-delegation of legislative power.
7) The observance of the principle of separation of powers and the system of check and balance.
8) The observance of the law on public officers.
9) The observance of the principle that public office is a public trust.
10) The guarantee of equal access to opportunities for public service.

CHAPTER-VI

Philippine Foreign Policy

Do we have policies that govern us in our relations with other states or in the international community? The
answer is in the positive. And that is the focus of our discussion.

Cite Constitutional Provisions Regarding Foreign Policies?

 Section 2. The Philippines renounce was as an instrument of national policy adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation and amity with all nations.
Section 7. The State shall pursue an independent foreign policy. In its relations with other states the paramount
consideration shall be national interest, national sovereignty, territorial integrity and the right to self-
determination.
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from
nuclear weapon in its territory.

What kind of war is being renounced by the Philippines?

We renounce aggressive or offensive war. However, we do not renounce defensive war.

What is meant by Doctrine of Incorporation?

It means that the Philippines expressly adopt generally accepted principles of international law as part of the
Law of the land.

What is being declared by the Philippines as regards foreign policy?

The Philippines pursues an independent foreign policy.

What are the paramount considerations in pursuing an independent foreign policy?

They are;
1) National Sovereignty
2) National Interest
3) Territorial Integrity
4) Right to Self-determination

What is the Policy of the Philippines with respect to Nuclear Weapons?

The Philippines adopts and pursues a policy of freedom from nuclear weapons in its territory consistent with
national interest.

CHAPTER-VII
Social Justice and Social Services

On this topic, we shall discuss some pro-people provisions of the Constitution as well as the basic services the
government should deliver to the people.

Cite some Constitutional Provisions regarding Social Justice and Social Services?

Section 3. Civilian authority is at all time supreme over the military. The Armed Forces of the Philippines is the
protector of the people and the State. Its goal is to secure the sovereignty of the national territory.
Section 4. The prime duty of the Government is to serve and protect the people. The Government may call
upon the people to defend the State and, in the fulfillment thereof, all citizen may be required, to render
personal, military or civil service.
Section 5. The maintenance of peace of order, the protection of life, liberty and property and the promotion of
the general welfare are essentials for the enjoyment by all the people of the blessings of democracy.
Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and the
independence of the nation and free the people from poverty through policies that provide adequate social
service, promote full employment, a rising standard of living and an improved quality of life for all.
Section 10. The State shall promote social justice in all phases of national development.

What is Social Justice?

It is the equalization of social, economic and political opportunity with special emphasis on the duty of the state
to tilt the balance of social forces by favoring the disadvantaged in life.

What are the manifestations of civilian Supremacy over the military?

The following manifestations are;
1) The president of the Philippines, a civilian, is the Commander-in-Chief of the AFP.
2) Sovereignty resides in the people and all government authority emanates from them.
3) The AFP is the protector of the people and the State.
 What is the Prime Duty of the Government?
The prime duty of the government is to serve and protect the people.

What are essentials for the enjoyment by all the people of the blessings of Democracy?
They are:
1) Maintenance of peace and order
2) Protection of life, liberty and property
3) Promotion of general welfare

How does the State manifest its separation from the Church?
The State:
1) Has no official religion
2) Allows freedom of religion
3) Grants tax exemption to the properties of the church actually, directly and exclusively used for religious
purposes
4) Cannot appropriate money or property in favor to any religion
5) Does not give sectoral representation in the government to religious sector

Family, Health, Ecology and Sectoral Groups, etc.

Cite Constitutional Provision regarding family?

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a
basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing of the youth for civil efficiency and
the development of moral character shall receive the support of the government.

Cite Constitutional Provision regarding Health and Ecology?

Section 15. The State shall protect and promote the right to health of the people and instill health consciousness
among them.
Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.

What Sectors are recognized by the State as Partners of National Development?

Under the Constitution, the following sectors are recognized by the State as partners of national development:
1) The family (section 12)
2) The youth (section 13)
3) Women (section 14)
4) Private Sector (section 20)
5) Indigenous Cultural Communities (section 22)
6) Non-governmental Organization (section 23)
7) Communication and information (section 24)
What are the Priorities of the State?

The Priorities of the State are the following:

1) Education
2) Science and Technology
3) Arts
4) Culture
5) Sports

What is considered as the Primary Social Economic Force?

It is labor.

What is considered as the Basic Autonomous Social Institution?

It is the Family.
 How does the State protect the mother as well as the Unborn?
The State thru the DOH provides the medicine, medical check up to pregnant women.
As far as the unborn, the State makes abortion a crime.

CHAPTER-VIII
Bill of Rights

Due Process and Equal Protection

It is my considered opinion that the Bill of Rights is the most important part of the constitution considering the
fact that all the rights of a person are found in the article, whether pertaining to criminal, civil, administrative,
or even human rights.

What is Bill of Rights?

It is a formal declaration or enumeration of the fundamental rights secured and guaranteed by the Constitution
to the individuals.

What is the purpose of the Bill of Rights?

Its purpose is to protect the people against arbitrary and discriminatory use of police power.

Cite the Constitutional Provision regarding Due Process and Equal Protection Cause?

Section 1 of Article III provides that no person shall be deprived of his life, liberty or property without due
process of law nor shall any person be denied the equal protection of the law.

What is Due Process of Law?

It is a law that hears before it condemns which proceeds upon inquiry and renders judgment only after trial.

What are the Elements of Due Process?

The elements are the following:
1) Notice
2) Court
3) Jurisdiction
4) Hearing
5) Decision

What is Equal Protection of the Law?

It means that no person or class of person shall be denied the same protection of the laws which is enjoyed by
other person or group of persons in the same place an under like circumstances.

What are the elements of Substantive Due Process?

The elements are:
1) The means are reasonably necessary for the accomplishment of the purpose of the law.
2) The law must be intended for public interest.

What are the Elements of the Procedural Due Process?

They are:
1) Impartial Court
2) Jurisdiction
3) Opportunity to be heard
4) Decision/Judgment

What are the Elements of Administrative Due Process?

The elements are:
1) The right to a hearing, which includes the right to present one’s case and support evidence in support thereof;
2) The court must consider the evidence presented;
3) The decision must have something to support itself;
4) The evidence must be substantial;
5) The decision must be based on the evidence presented;
6) The court must be independent;
7) The court should render its decision in such manner that the parties can know the issues involved and the
reason for the decision.

CHAPTER-IX
Search and Arrest

You must be sincere in your study of this topic for you may be one of the victims. It may happen to you!

Cite the Constitutional Provision regarding Search and Arrest?

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

What is Probable Cause?

It is such facts and circumstances antecedent to the issuance of a warrant that are in themselves sufficient to
induce a cautious man to rely upon them.

What is Search Warrant?

It is an order in writing issued in the name of the People of the Philippines signed by a Judge and directed to a
peace officer commanding him to search for personal property and bring it before the court.

What are the grounds for the issuance of a Search Warrant?

1) When the property is subject of the offense;

2) When the property is stolen or embezzled; and
3) When it was used or intent to use it exists as a means of committing a felony.

What are the essential requisites of a Valid Warrant?

1) It must be issued upon probable cause;
2) Probable cause must be determined personally by the Judge;
3) The Judge must examine under oath or affirmation of the complainant and the witnesses he may produce;
4) The warrant must particularly describe the place to be searched and the persons or things to be seized.
What are the Rules in Search?
General Rule- Search cannot be made without a Search Warrant.
Exceptions:
1) When search is made with the consent of the person or owner of the house;
2) When search is made incidental to a valid arrest;
3) Search on moving vehicles;
4) Search on goods concealed to avoid duties;
5) When search is made in accordance with the police power of the State.

What are the Rules in Arrest?

General Rule- Arrest cannot be made without a Warrant of Arrest
Exceptions:
1) When in his presence, the person to be arrested has committed, is actually committing or is attempting to
commit an offense;
2) When an offense has in fact just been committed, and he has personal knowledge of the facts indicating that
the person to be arrested has committed it; and
3) When the person to be arrested is a prisoner or a detainee who escaped from prison or penal institutions or
place where he is serving final judgment.

CHAPTER-X
Other Guaranteed Rights

Under this, we shall be talking of privacy of communication and correspondence, freedom of speech,
expression and of the press, freedom of religion, liberty of abode and of changing the same, right to travel, right
to information or matters of public concern, right to form association and unions. Now, let us bear in mind that
the abovementioned rights are not absolute.

Is Privacy of Communication and Correspondence Absolute?

They are not absolute.
No, because there are exceptions. And the exceptions are the following:
1) Upon lawful order of the court
2) When public safety or order require otherwise (section 3)

What are the Forms of Correspondence/Communications that are covered?

They are:
1) Letters
2) Messages
3) Telephone Calls
4) Telegrams
5) Cellphones
6) Internet
7) E-mail
8) Fax
9) Computers and Similar Communications

What about Freedom of Speech, Expression and of the Press?

Freedom of Speech, Expression and of the Press includes every form of expression whether oral, written, tape
or disc recorded. These freedoms are limited by the police power of the State.

Is Freedom of Religion Absolute?

Yes, as far as the freedom to believe is concerned because the State has nothing to control.
However, no, as far as the aspect of the freedom to act on one’s belief because it is now controlled by the police
power of the State.
There is no religious test for the exercise of civil or political rights.
The right to establish your home or residence and the right of changing the same shall not be impaired,
generally.
However, this right is not absolute. There is an exception-upon lawful order of the court.

Generally, the right to travel cannot be impaired. However, there are exceptions:
1) In the interest of National Security
2) Public Safety or
3) Public Health

The people have the right to information on matters of public concern. However, there are exceptions to this
rule. They are:
1) Confidential Matters
2) Business/Trade Secrets
3) Bank Deposits

The people also have the right to form associations, unions, societies and organizations provided it not contrary
to law.
Before only private sectors belonging to rank and file employees were allowed to form unions.
But at present, government employees belonging to the rank and file are now allowed to form unions.
Private-Sectors-Formed-Unions are allowed to strike but Public-Sector-Formed-Unions cannot.

Power of Eminent Domain

 What is Power of Eminent Domain?
It is the power of the State to take private property for public use upon payment of just compensation.

What is the Basis of Power of Eminent Domain?

It is based on Political Necessity.

Is there constitutional basis of the Aforementioned Power?

Yes. It is found under Article III Section 9, which provides that private property shall not be taken for public
use without just compensation.

What are the Limitations on the Power of Eminent Domain?

The limitations are the following:
1) The property taken must be private property;
2) The taking must be within the constitutional sense;
3) The taking must be for public use;
4) Just compensation must be paid; and
5) There must be due process of law.

What is Public Use?

It is the use affecting the public generally.

What is Just Compensation?

It is a fair and full equivalent of the loss sustained which means the market value to which must be added the
consequential damage, if any, minus the consequential benefits.

CHAPTER-XI
Obligations/Contracts/Free Access to Courts/Quasi
Judicial Bodies

Cite Constitutional Provision regarding Obligations and Contracts.

Section 10. No law impairing the obligations of contracts shall be passed.

What is a Contract?
It is the meeting of minds between 2 or more persons whereby one binds himself with respect to the other, to
give something or to render some service.

What are the Elements of Contract?

The elements of contract are the following:
1) Consent
2) Object Certain
3) Cause

What is Obligation?
It is a juridical necessity to give, to do or not to do.

What are the limitations on Non-Impairment of Contract Clause?

They are the following:
1) It can be limited by the police power
2) It can be limited by the power of eminent domain
3) When the right to impair is reserved

Cite the constitutional provision regarding free access to courts and quasi-judicial bodies?

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

Is there Agencies, Governmental of Non-Governmental that renders free Legal Assistance?

 Yes, we have the Public Attorney’s Office and the Integrated Bar of the Philippines with respect to the
government.
We have the F.L.A.G. and MABINI as far as NGO’s are concerned.

CHAPTER-XII
Rights of a Person under Investigation

What are the rights of a person under investigation?

The rights are the following:
1) The Right to remain silent;
2) The Right to have competent and independent counsel preferably of his own choice;
3) The Right to be informed of such rights

Can the above-cited rights be waived?

Rights no. 1 and 2 can be waived provided:
1) It is in writhing and
2) In the presence of counsel.

Right no. 3 cannot be waived.

Secret detention places, solitary, incommunicado or similar forms of detention are prohibited.

No torture, force, violence, threat, intimidation or other means, which vitiate the will, shall be used against the
person investigated.

Any confession or admission obtained in violation of Section 12 shall be inadmissible in evidence against him.

CHAPTER-XIII
Bail

Cite Constitutional Provision regarding to Bail?

Section 13. All people, except those charged with offense punishable by reclusion perpetua to death 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.

What is Bail?
It is the security given for the release of a person in custody of the law furnished by him or a bondsman,
conditioned upon his appearance before any court as may be required.

State the Rules on Bail.

General Rule-All persons actually detained have the constitutional right to bail.
Exceptions:
1) Those charged with offenses punishable by reclusion perpetua when the evidence of guilt is strong.
2) Those charged with capital offense.

Limitations on the Right to Bail?

The following are the limitations:
1) The person claiming the right must be under actual detention; and
2) The right to bail is available only in criminal cases.

What is Writ of Habeas Corpus?

It is a writ directed to a person detaining another, commanding him to produce the body of the prisoner at a
designated time and place with the day and cause of his caption and detention, to do, submit and receive
whatever the court awarding the writ shall consider.

CHAPTER-XIV
 Criminal Rights of the Accused

What are the Criminal Rights of the Accused?

The following are the criminal rights of the accused:
1) The right to be informed of his right to remain silent and to counsel.
2) The right to bail.
3) The right to be presumed innocent until the contrary is proven and the right to be heard by himself and
counsel.
4) The right to be informed of the nature and cause of the accusation against him.
5) The right to a speedy, impartial and public trial.
6) The right to meet the witnesses face to face.
7) The right to a speedy disposition of his case before judicial, quasi-judicial or administrative body.
8) The right against self-incrimination.
9) The right against excessive fines.
10) The right against double jeopardy.

Right no. 6 is also known as right to confrontation.

The right against self-incrimination means no person shall be compelled to be a witness against himself.
(Section 17)
It applies only to natural person and can be invoked in criminal, civil, administrative and legislative
proceedings.

When is Fine Excessive?

When it is disproportionate to the offense.

A punishment is cruel or unusual if it is barbarous, unknown to law, or wholly disproportionate to the nature of
the offense as to shock, the moral sense of the community.

Cite the Constitutional Provision regarding Double Jeopardy.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished
by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for
the same act.

What are the requisites of Double Jeopardy?

The following are the requisites:
1) A valid complaint or information
2) Filed before competent court
3) Valid arraignment
4) Valid plea entered
5) The case is dismissed or terminated without the express consent of the accused.

CHAPTER-XV
Privilege of the Writ of Habeas Corpus

What is the privilege of the Writ of Habeas Corpus?

It is the right to have an immediate determination of the legality of the deprivation of personal liberty.

What is the rule with respect to the privilege of the Writ of Habeas Corpus?
General Rule-The Privilege of the Writ of Habeas Corpus shall not be suspended.
Exception:
It can be suspended only:
1) In cases of invasion, or
2) Rebellion; or
3) When public safety requires it.

What may be suspended?

The privilege of the Writ of Habeas Corpus.

Who is authorized to suspend the privilege of the Writ of Habeas Corpus?

Only the President of the Philippines.
 No person shall be imprisoned for debt on Non-Payment of a poll-tax (Section 20)

CHAPTER-XVI
Involuntary Servitude
Ex Post Facto Law/ Bill of Attainder

Cite Constitutional Provisions regarding Involuntary Servitude and Ex Post Facto Law or Bill of
Attainder?
Section 18 Par. 2. No involuntary servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been duly convicted.
Section 22. No ex post facto law or bill of attainder shall be enacted.
What is Involuntary Servitude?
It is every condition of enforced or compulsory service of one to another no matter under what form such
servitude may be disguised.
General Rule-No involuntary servitude in any form shall exist.
Exceptions:
1) Punishment for a crime where one has been duly convicted
2) Service in defense of State
3) Naval Enlistment
4) Posse Comitatus
5) Return to work in industries affected with public interest
6) Patria Potestas
What is an Ex Post Facto Law?
It is a law that:
1) Makes criminal an act not criminal at the time of the commission
2) Aggravates a crime
3) Inflicts higher punishment
4) Alters the rules of evidence

What is a Bill of Attainder?

It is a legislative act that inflicts punishment without judicial trial.

What are the Characteristics of an Ex Post Facto Law?

They are the following: The law must be
1) Penal
2) Retroactive, and
3) Prejudicial to the accused

CHAPTER-XVII
Citizenship

What is Citizenship?
It is a membership in a democratic political community.

What is Nationality?
It is a membership in any political community whether monarchial or democratic.

What are the two well-known doctrines in the acquisition of citizenship?

The well-known doctrines are:
1) Jus Sanguinis
2) Jus Soli

What do you mean by Jus Sanguinis?

It means the citizenship of the child follows the citizenship of his parents.
What do you mean by Jus Soli?
It means the citizenship of the child is determined by the place of birth.

How may citizenship be acquired?

They can be acquired by:
1) Birth 2) Blood 3) Naturalization
 What is Naturalization?
In its broad sense, it signifies the act of formally adopting a foreigner into the political body of the nation and
clothing him with the privilege of a native.
In its narrow sense, it refers to the granting of citizenship upon a foreigner on his application through formal act
after he has complied with the conditions prescribed by law.

What is Expatriation?
It is the voluntary renunciation or abandonment of allegiance to the State.

Who are citizens of the Philippines?

The following are citizens of the Philippines:
1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2) Those whose fathers or mothers are citizens of the Philippines;
3) Those born before Jan. 17, 1973 of Filipino Mothers, who elect Philippines Citizenship upon reaching the age
of majority; and
4) Those who are naturalized in accordance with law.

What is Natural-Born Citizen?

It is a citizen of the Philippines from birth with having to perform any act to acquire or perfect his/her
Philippine citizenship. Those who elect Philippines Citizenship in accordance with paragraph 3, Section 1
hereof shall be deemed natural-born citizen.

How is Philippine Citizenship maybe lost?

It may be lost by:
1) Naturalization;
2) Express renunciation of citizenship;
3) Subscribing to an oath of allegiance to support the Constitution or law of a foreign country;
4) Rendering service to or accepting commission in the armed forces of a foreign country;
5) Cancellation of the certificate of naturalization; and
6) Having been declared by competent authority a deserter in the AFP in time is war.

How is Philippine Citizenship maybe reacquired?

It may be reacquired by:
1) Naturalization
2) Repatriation of deserters of AFP
3) Direct action of Congress

If a Filipino Citizen marries an alien, does he/she become an alien too?

No. Citizen of the Philippines who marry aliens shall retain their citizenship unless by their own act or omission
they are deemed to have renounced it under the law.

CHAPTER-XVIII
Suffrage

What is Suffrage?
It is the right to vote in the election of all officers chosen by the people and in the determination of all questions
submitted to the people. (Paine, Law of Elections, p.1)

Who may exercise suffrage?

It may be exercised by all citizens of the Philippines not otherwise disqualified by law, and who are at least 18
years or age, and who shall have resided in the Philippines for at least one year and in the place wherein they
propose to vote for at least six months immediately preceding the election.

What are the qualifications of a Voter?

The qualifications are the following:
1) At least 18 years old;
2) One year residence in the Philippines;
3) At least six months residence in the place where he proposes to vote immediately preceding the election;
4) Filipino citizen

Assuming that you possess all the aforecited qualifications, can you vote in the coming election?
No. you have to register first with the COMELEC. So the 5th qualification is a registered voter.
 Who are disqualified to Vote?
The following are disqualified to vote:
1) Those who have been sentenced by final judgment to suffer the penalty of imprisonment of not less than one
year.
2) Those adjudged by final judgment of competent court of having violated his oath of allegiance to the Republic
of the Philippines.
3) Insane or feeble-minded persons.

CHAPTER-XIX
Legislative Department

Where is legislative power vested?

It is vested in the Congress of the Philippines, which shall consist of the Senate and House of the
Representatives.

Is legislative power exclusively vested in Congress of the Philippines?

No, because on the provision on initiative and referendum.

What is Initiative?
It is the power of the people to propose amendments to the Constitution or to propose and enact legislations
through an election called for the purpose.

What are the systems of initiative? They are the following:

a) Initiative on the Constitution-which refers to a petition proposing amendments to the constitution.
b) Initiative on Statues-refers to a petition proposing to enact a national legislation.
c) Initiative on local legislation-which refers to a petition proposing to enact regional, provincial, city,
municipal or barangay law, resolutions or ordinances.

What is Referendum?
It is the power of the people or electorate to approve or reject legislation through an election called for the
purpose.

What are the classes of referendum?

There are two classes and they are the following:
a) Referendum on Statues-refers to a petition to approve or reject an act, law or part thereof passed by
Congress.

b) Referendum on Local Law-refers to a petition to approve or reject a law, resolution or ordinance enacted by
regional assemblies and local legislative bodies.

What is legislative power?

It is the power to propose, enact, amend or repeal laws.

What kind of Congress do we have in the Philippines?

We have a bicameral Congress.

What is a bicameral Congress?

A congress that is composed of 2 houses: the Senate and House of the Representatives.

How do representatives acquire their office?

It is through election by legislative districts.

How many representatives do we have in Congress?

It is not more than 250 (excluding the party-lists).

What are the qualifications of candidates for representatives? They are the following:
a.) Natural born citizen of the Philippines (Note: Do not forget the meaning of natural born
citizen because this term always appear in all the qualifications except for local officials)
 b.) Able to read and write
c.) At least 25 years old
d.) Registered voter in the district where he shall be a candidate.
e.) A resident of the district for not less than 1 year immediately preceding the election

How do Senators acquire their office?

It is through election at large.

How many senators do we have in Congress?

There are 24 senators.

What is the term of office of representatives and senators?

A representative is given only three consecutive terms and a senator is given only 2 consecutive terms.

What are the qualifications of a Senator?

They are the following:
Natural born citizen of the Philippines
Able to read and write
At least 35 years of age on the day of the election
A registered voter
A resident of the Philippines for not less than 2 years immediately preceding the election
What is the composition of the House of the Representatives?
It is composed of the following:
District representatives
Party list representatives
What constitutes the party list representative?
They are the following:
1. Labor 4. Youth
2. Urban Poor 5. Women
3. Peasant 6. Indigenous cultural communities
7. Other sectors as may be provided by law

Take note that party list representatives constitute 20% of the membership on the House of Representative.

Why is it that there is no sector representing the religious sector?

That is because of the constitutional provision regarding the strict separation of church and state.

What is gerrymandering?
It is the act of altering legislative or voting district for the benefit of a particular party or candidate.

Is there a constitutional provision regarding gerrymandering in our constitution?

Yes, because according to par.3, Section 5 of Article 6, each legislative district shall, as far as practicable,
contiguous, compact and adjacent territory.

Is gerrymandering allowed in the Philippines? No, because of the above quoted provisions.

What is the doctrine of separation of powers?

This is a doctrine where the independence of each branch is maintained. That is, each branch is prohibited to
encroach or interfere with the duties given by the Constitution. The legislative branch is mandated by the
Constitution only to enact or make laws, not to implement or interpret the laws. The Executive department is
likewise mandated to implement or execute the laws passed by Congress and not to make or interpret it and the
judiciary is on the other hand mandated to interpret the laws and not to make and execute it.

What is the principle of non-delegation of legislative power?

It states that what has been delegated cannot be redelegated. However, this principle allows exceptions.
1. Delegation of emergency powers to the President
2. Delegation of tariff powers to the President
3. Delegation to administrative bodies
4. Delegation to local government units
5. Delegation to the people at large

What are the qualifications of the powers of Congress? The powers of congress are classified into:
 Legislative
Non-legislative

What does legislative power include? It includes the specific powers of:
Appropriation
Taxation
Expropriation

What are the non-legislative powers of Congress? The non-legislative powers of Congress are the
following:
Canvass of presidential election
Declaration of the existence of State war
Confirmation of amnesties and presidential appointments
Decision of election protest through the Electoral Tribunal
Amendment or revision of the Constitution
Impeachment
What are the parliamentary immunities of the members of Congress?

1. Freedom from arrest-while congress is in session for offense punished by not more than 6 years imprisonment
2. Privilege of speech and debate-not be questioned nor held liable in any other place for any speech or debate in
Congress or in any committee thereof.

What are the requisites so that a member of Congress can avail of the privilege from arrest? It is
necessary that:
1. Congress must be in session
2. The crime is not punishable by not more than 6 years imprisonment

What is the purpose of this privilege from arrest?

To ensure representations of the constituents of the member of Congress.

What is the purpose of this privilege of speech and debate?

To enable the legislator to express his views bearing public interest without fear of accountability outside the
halls of Congress.

What are the requisites so that a member of Congress can avail of the privilege of speech and debate?
They are the following:
1. Remarks must be made while Congress is in session
2. Remarks must be made in connection with the discharge of official duties

What are the disqualifications and inhibitions of the members of Congress?

They are the following:
1. Shall not hold office or employment in the government during his term without forfeiting his seal
(Incompatible Office)
2. Shall not be appointed to any office which may have been created during their term for which he was elected
(Forbidden Office)
3. Cannot appear as counsel before any court of before the Electoral Tribunal, Quasi-Judicial or other
administrative bodies.
4. Shall not be financially interested, directly or indirectly in any contract with, franchise or special privilege
granted by the government
5. Shall not intervene in any matter before any office in government for his pecuniary benefit or he may be called
upon to act an account of his office

Can Congress punish its own members?

Yes, each House may punish its own member on the ground of disorderly behavior.

What are the possible punishments?

It may be suspension or expulsion.

What is the vote necessary to suspend or expel a member?

It needs 2?3 of all its members. If the punishment is suspension, it shall not exceed 60 days.

Is there an electoral tribunal in the House of the Representatives?

 Yes, it is called the House of the Representatives Electoral Tribunal.
What about in the House of the Senate?
There is also and it is called the House of the Senate Electoral Tribunal

What is the composition of the House of Representatives Electoral Tribunal?

It is composed of 9 members.
1. 3 justices of the Supreme Court designated by the Chief Justice. The Senior Justice shall be the
Chairman
2. 6 Representatives
The basis for the selection of 6 representatives shall be popular representations from political parties or
organization registered with the party list system.

What is the composition of the House of the Senate Electoral Tribunal?

There are also 9 members
1. 3 Justices of the Supreme Court designated by the Chief Justice; the most senior shall be the Chairman
2. 6 senators
The basis for the selection of the senators shall be the same as that of the selection of the representatives.

What is the function of the Electoral Tribunal?

The function of the Electoral Tribunal is the sole judge of all contests relating to elections, returns and
qualifications of their respective members.

What is the composition of the Commission on Appointments?

There are 25 members. It shall be composed of the following:
1. President of the Senate as the ex-officio Chairman
2. 12 Senators
3. 12 Representatives

What is the function of the Commission on Appointment?

It shall act on all appointments submitted to it within 30 session days of Congress from the submission of the
appointment.

How will the Commission vote?

By majority vote of all its members.

Can the Chairman vote?

Generally no, except in case of tie.

When will the Commission on Appointment meet?

Only when Congress is in session.

Can the President exercise emergency powers?

Yes, but only in times of war and other national emergencies.

What are the conditions necessary for the exercise of the President of emergency powers?
1. It can be exercised by the President only in times of war and other national emergencies.
2. There must be a law authorizing the President to exercise such power.
3. It shall be for a limited period.
4. Subject to restrictions by Congress.
5. The exercise must be necessary and proper to carry out a declared national policy.

What is Bill?
It is a draft of law submitted to the consideration of a legislative body for its adoption.
What are the parts of a bill? They are the following:
1. Title-part of a bill, which announces the subject of a bill
2. Preamble-part of bill, which explains the intention of the lawmakers in presenting the bill and announces the
objects and purposes of the bill.
3. Enacting clause-that part which secures uniformity in the style of the law and identifies the authority by which
the law was enacted.
4. Body-principal portion of the bill containing the proposed law.
5. Date of affectivity-provides for the time when the law shall take effect.
 Every bill passed by Congress shall embrace only one subject, which shall be expressed in the title.
No bill passed by Congress shall become law unless it has passed 3 readings on separate days and printed
copies thereof in its final form have been distributed to its members 3 days before its final passage.

When may the requirement of 3 readings be dispensed with?

When the President certifies to the necessity of the immediate enactment of the bill to meet a public calamity or
emergency.

What does a bill become a law?

1. When the President approves the bill passed by Congress.
2. When 2/3 of all the members of each house repassed the bill over the veto power of the President.
3. If the President does not communicate his veto to any bill of the House where it originated with 30 days after
the date receipt.

What is pocket veto?

It is one by which the President secures the disapproval of the bill of Congress by mere inaction after the
adjournment of Congress.

Is the pocket veto possible under the Constitution?

No, because where the President fails to communicate his veto to any bill to the house where it originated
within 30 days after the date of receipt thereof, the bill shall become a law as if the President has signed it.
What is appropriation?
It is a legislative authorization prescribed by the Constitution that money may be paid out of the treasury.

What is appropriation law?

It is a statute the primary and specific purpose of which is to authorize the release of public funds from the
treasury.

What are the different kinds of appropriations?

1. Annual or General
2. Specific
3. Standing

What is general or annual appropriation?

It is one which sets aside the annual expenses for the general operations of the government based on the
recommendation of the President contained in the budget.

What is specific appropriation?

It is one which sets aside expenses for a particular, definite, limited and precise purpose claim or demand.

What is continuing appropriation?

It is one which provides a definite sum available from year to year for the purpose appropriated even after the
original amount shall have been fully spent.

Supposing Congress fails to approve a general appropriation act for a particular year, what is the effect?
The automatic reappropriations shall apply.

What is automatic reappropriation?

It means that if by the end of any fiscal year, Congress shall fail to pass the general appropriation bill for the
ensuring year, the general appropriation law for the preceding fiscal year shall be reenacted and shall remain in
force and effect until to general appropriation bill is passed by Congress.

What are the bills that originate exclusively in the House of the Representative?
1. Appropriation Bill
2. Revenue or Tariff Bill
3. Bills Authorizing Public Debt
4. Bills of Local Application
5. Private Bills

VII Section 4- Congress can choose President by majority vote if there’s a tie.
 Article VI Section 30- No law-increasing appellate jurisdiction of the SC without its advice and concurrence.

CHAPTER-XX
Executive Department

Where is executive power vested?

Executive power is vested in the President of the Philippines.
May the president refuse to execute the law of the ground that in his opinion the law is Unconstitutional?
No. it is the sworn duty of the President to execute laws.
How does the President acquire his office?
By direct vote of the people.
What is the term of office of the President?
6 years.
Is the President qualified for reelection?
No.
What are the qualifications of the President?
1. Natural born citizen of the Philippines
2. Registered voter
3. Able to read and write
4. At least 40 years of age
5. 10 years residence in the Philippines immediately preceding the election

How does the Vice President acquire his office?

By direct vote of the people.
What is the term of office of the Vice President?
6 years.
Is the Vice President qualified to reelection?
Yes, for only one term.
What are the qualifications of the Vice President?
Same qualifications as the President.
Vacancy in the office of the President and the Vice President

How is the Vacancy in the office of the President and Vice President being filled up?
If it occurs more than 18 months before the date of the next regular presidential election, a special election shall
be called by Congress.
No person who has succeeded as President and has served as such for more than 4 years shall be qualified for
election to the same office at any time.
If less than 4 years, he can run for the election of the President.

Can the Vice President be appointed a member of the Cabinet?

Yes and it requires no confirmation from the Commission on Appointments.
Who is the sole Judge of all contests relating to the Election, Return and Qualifications of the President
and the Vice President?
Supreme Court sitting en banc.

When shall the Vice President become President?

1. If the President dies
2. If the President is disabled permanently
3. If the President is removed from office
4. If the President resigns from office
When shall the Vice President act as President?
1. If the President fails to qualify
2. If the President shall not have been chosen
3. If the President transmits his written declaration to the President of Senate and to the Speaker of the House of
the Representatives that he cannot or unable to discharge the powers and duties of his office.
4. If majority of all the members of the Cabinet transmit to the Senate President and Speaker of the House of the
Representatives their written declaration that the President is unable to discharge the duties and powers of his
office.
5. If Congress, within 10 days after receipt of the last written declaration, or, if not in session, within 12 days
after it is required to assemble, determine by 2/3 votes of both Houses voting separately, that the President is
unable to discharge the powers and duties of his office.
 In case of death, removal from office, permanent disability or resignation of both the President and Vice
President, who shall act as the President?
Senate President.

What about if both the President and the Vice President and also the Senate President dies, removed
from office, disabled permanently or resigns?
Speaker of the House of the Representatives shall act as President.

Can the President reassume his office?

Yes, if he transmits to Senate President and to the Speaker his written declaration that no disability exists.

What is the majority of the members of the cabinet transmit within 5 days to President of senate and to
the speaker that the President is still unable to discharge his powers and duties?
Congress shall decide the issue. For this purpose, Congress shall convene without need of a call within 48
hours.

What is the doctrine of qualified political agency?

It means that the different executive departments are mere adjuncts of the President. The cabinet secretaries are
the alter ego of the President, that is, their acts are presumed to be the acts of the President.

What are the powers and functions of the President?

1. Executive power
2. Control of the Executive Department
3. General Supervision over local government and autonomous regions
4. Power of Appointment
5. Grant executive clemencies
6. Commander in chief of the AFP
7. Emergency powers
8. Contracting and guaranteeing loans
9. Powers over foreign affairs
10. Immunity from suit
11. Power to deport
12. Treaty making power
13. Budgeting power
14. Veto power

What do you understand by Control?

It means the power to substitute ones own judgment in that of the subordinate.

What about General Supervision?

It means overseeing of a subordinate to make sure that they perform their duties under the law.
On the treaty making power of the President, take note that no treaty or international law or agreement shall be
valid and effective unless concurred in by at least 2/3 of all the members of the Senate.
The power of appointment of the President is classified into 4:
1. Presidential appointments subject to confirmation by the Commission on Appointments
2. Presidential appointments subject to prior recommendation by the Judicial and Bar Council
3. Presidential appointments requiring nominations by multi-sectoral groups
4. Presidential appointments made alone by the President

What are the Presidential Appointments that need confirmation by the commission on appointments?
1. Heads of executive departments
2. Ambassadors, other public ministers and counsels
3. Officers of the AFP with rank of colonel or naval captain
4. Other officers whose appointments are vested by the constitution in the President

What are the Presidential appointments that require nominations by multi-sectoral groups?
1. Regional Consultative Commission
2. Representative of the party list

What are the Presidential Appointees that require prior recommendations by the judicial and bar
council?
1. Members of the Supreme Court and all lower courts
2. Ombudsman and his deputies

What are the Presidential Appointments made alone by the President?

1. Those vested by the constitution on the President alone
2. Those whose appointments are not otherwise provided by law
3. Those whom he may be authorized by law to appoint
4. Those other officers lower in rank whose appointment is vested by law in the President.

On the Power of the President to Grant Executive Clemencies

The President may grant reprieves, commutation, pardon, remit fines and forfeitures, after conviction by final
judgment.
What is Reprieve?
It is the temporary relief from or postponement of executive of criminal penalty or sentence.
What is Commutation?
It is a reduction of sentence.
Two kinds of Pardon:
1. Absolute-a pardon given by the President without condition
2. Conditional-a pardon given by the President with condition or conditions.

On Amnesties, it requires the concurrence of majority of all the members of Congress.

As Commander in Chief of the AFP

As Commander in Chief of the Armed Forces of the Philippines, the President has the following powers:
1. He may call out the Armed Forces to prevent or supreme over lawless violence, invasion or rebellion.
2. He may suspend the privilege of the writ of habeas corpus
3. He may proclaim martial law over the entire Philippines or any part thereof
Requisites for the Proclamation of Martial Law:
1. There must be invasion or rebellion
2. Public safety requires such proclamation

Effects of Proclamation of Martial Law:

1. The president can legislate
2. The president can order the arrest of people who obstruct the war effort

CHAPTER-XXI
Judicial Department

Where is Judicial Power vested?

Judicial power is vested in one Supreme Court and in such lower courts as may be established by law.
Can Congress abolish the Supreme Court?
No. because the Supreme Court is a constitutional body.
Can Congress abolish the lower courts?
Yes, because they are established by law and therefore could be abolished by law provided it would not violate
the security of tenure of judges.
What is Judicial Power?
It is the power to apply the laws to contests or disputes concerning legally recognized rights or duties between
the State and Private persons or between individual litigants in cases properly brought before judicial tribunals.
What is the composition of the Supreme Court?
It is composed of 15 members.
1. 1 Chief Justice
2. 14 Associate Justices
What is the mode of sitting?
1. En Banc
2. In divisions by 3, 5 or 7 members
What are the qualifications of the Justices if the Supreme Court?
1. Natural born citizen of the Philippines
2. At least 40 years of age
3. 15 years or more a judge of lower courts or engages in the practice of law in the Philippines
4. Must be a person proven competence, integrity, probity and independence.
What body has the power to define, prescribe and apportion the jurisdiction of various courts?
 Congress.
What is the power of judicial review?
It is the power of the court to assert its solemn and sacred duty assigned to it the constitution to determine
conflicting claims of authority under the constitution.
What are the requisites for the valid exercise of the power of judicial review?
1. There must be an actual case
2. The constitutionality of the statute must be raised by the proper party
3. The question of constitutionality must be raised at the earliest opportunity
4. The determination of the constitutionality of the statute must be necessary to a full determination of the case.

CHAPTER-XXII
Constitutional Commission

What are three independent constitutional commissions under the constitution?

They are the following:
1. Civil Service Commission
2. Commission on Election
3. Commission on Audit
How is the independence of these three constitutional commissions maintained?
They are the following:
1. The salary of their members which is fixed by law cannot be decreased during their tenure
2. Their members cannot be removed except by impeachment
3. The appointment of their members must be in a permanent capacity; and
4. The commission enjoys its own fiscal autonomy
What are the disabilities imposed on the members of the constitutional commissions?
1. They shall not hold any other office or employment during their tenure
2. They shall not engage in the practice of any profession or in the active management of any business
3. They shall no be financially interested directly or indirectly in any contract with or in any privilege of
franchise granted by the government.

The Civil Service Commission

What is the composition of the Civil Service Commission?

1. Chairman
2. 2 Commissioners
What are the qualifications of the Chairman and the Commissioners?
1. Natural born citizens of the Philippines
2. At least 35 years of age
3. With proven capacity for public administration
4. must not have been candidates for any elective position in the election immediately preceding their
appointment
How do the Chairman and Commissioners acquire title to their office?
They shall be appointed by the President with the consent of the Commission on Appointment.
What is their term of office?
7 years without reappointment
What is the constitutional requirement regarding appointment in the Civil Service?
Appointments in the civil service shall be made according to merit and fitness to be determined as far as
practicable by competitive examinations except:
1. Policy Determining
2. Highly Technical
3. Primarily Confidential
What positions are included in the Civil Services?
1. Career Service; and
2. Non-career Service
Career Service includes:
1. Open career positions for appointment to which prior qualification in an appropriate examination is required;
2. Closed career positions which are scientific or highly technical in nature
3. Positions in the career executive service
4. Career officers, other than in career executive service
5. Commissioned officers and enlisted men
6. Personnel of government owned or controlled corporations
7. Permanent laborers whether skilled, semi skilled or unskilled
Non-Career Service includes:
1. Elective officials and their personal or confidential staff
2. Department heads and other officials of the cabinet rank who hold positions at the pleasure of the President
3. Chairman and members of the commissions, boards with fixed term of office
4. Contractual Personnel

What is the Security of Tenure enjoyed by the Civil Service Officer or Employee under the New
Constitution?
No officer or employee of the Civil Service shall be removed or suspended except for cause as provided by law.

What are some causes or ground for removal or suspension?

1. Dishonesty
2. Oppression
3. Neglect of duty
4. Misconduct
5. Disgraceful and immortal conduct
6. Notoriously Undesirable
7. Discourtesy in the course of official duties
8. Inefficiency and Incompetence in the performance of official duties.
9. Receiving for personal use, gift, fee or other valuable thing
10. Conviction of a crime involving moral turpitude
11. Improper or Unauthorized solicitation of contribution
12. Falsification of official document
13. Frequent unauthorized absences or tardiness in reporting for duty
14. Habitual drunkenness
15. Gambling
16. Refusal to perform official duty or overtime service
17. Immoral or Dishonest conduct prior to entering service
18. Physical or Mental Incapacity
19. Borrowing money from subordinates

How long is the Suspension?

Not more than 90 days after which they should be reinstate
Commission on Election
What is the composition of the commission on election?
It is composed of 1 Chairman and 6 Commissioners.

What are the qualifications of the COMELEC commissioners?

1. Natural born citizen of the Philippines
2. 35 years of age
3. Holders of a college degree
4. Must not have been candidates for any elective positions in the immediately preceding election
5. A majority of them including the Chairman shall be members of the Philippines Bar who have been engaged in
the practice of law for at least 10 years.

How do COMELEC commissioners acquire title to their office?

By appointment by the President with the consent of the Commission on Appointment
What is their term of office?
7 years without reappointment
Who has the power to decide questions involving the right to vote?
The Courts
What kind of party system do we have?
The new constitution allows a free and open party system to evolve according to the free choice of the people.
How long is election period?
Election period shall commence 90 days before the day of election and shall end 30 days thereafter.

Commission on Audit

What is the composition of the commission on audit?

It is composed of 1 Chairman and 2 Commissioners
What are the qualifications of COA commissioners?
1. Natural born citizens
2. At least 35 years of age
3. CPA with 10 years experience of auditing or members of Philippines Bar who have been engaged in the
practice of law for at least 10 years.
How do the COA commissioners acquire title to their office?
They shall be appointed by the President with the consent of the Commissioner on appointments.
What is their term of office?
7 years without reappointment

What does the examining authority of the COA consist of?

It consists of examining books, papers and documents filed by individuals and corporations with and which are
in the custody of government offices in connection with government revenue collection.

CHAPTER-XXIII
Local Government

What are the territorial and political subdivisions of the republic of the Philippines?
1. Provinces
2. Cities
3. Municipalities
4. Barangays
5. Autonomous Regions
The new Constitution recognized the right of the territorial and political subdivisions to enjoy local autonomy.
What do you understand by local autonomy?
It means being allowed to administer and manage its own affairs.
What does the Constitution confer to the president over Local Government?
It confers upon the President the power to exercise general supervision over local governments.
Under the power of general supervision, may the President suspend or remove a local elective official?
Yes, provided the suspension or removal is based on grounds provided by law.
What are the grounds for suspension or removal of an elective official?
1. Disloyalty to the Republic
2. Culpable violation of the Constitution
3. Dishonest, Oppression, Misconduct and neglect of duty
4. Commission of any offense involving moral turpitude
5. Abuse of authority
6. Unauthorized absences for 3 Consecutive months
What is the term of office of elective local official?
Except barangay official, the term of office of elective official shall be 3 years.
How long can an elective official serve in office?
3 consecutive terms

What are the qualifications of elective local officials?

A) Common
1. Citizen of the Philippines
2. Registered voter (Barangay, Municipal, City, Province)
3. Resident therein for at least 1 year immediately preceding the election
4. Able to read and write. Filipino or any other local language or dialect

B) Not Common-age
1. Governor, V-governor, Members of Sangguniang Panlalawigan, Mayor, V-mayor, Members of Sangguniang
Panglunsod of Highly Urbanized Cities -23 years old on election day
2. Mayor, V-mayor of independent component sities, component cities, municipalities-21 years old on Election
Day
3. Members of Sangguniang Panlungsod or Sangguniang Bayan – 18 years old on Election Day
4. Punong Barangay, Members of Sangguniang Barangay – 18 years old on Election Day
5. SK – 15 to 17 years old on Election Day

How are LGU’s created, merged, abolished or its boundaries altered?

1. In case of province, cities or municipalities – by law enacted by Congress
2. In case of barangay located in the
a. Province-by ordinance passed by Sangguniang Panlalawigan
 b. City-by an ordinance passed by Sangguniang Panglunsod

CHAPTER-XXIV
Accountability of Public Officers

What is Impeachment?
Forcible removal of the chief executive by the legislature. It comes from a French word impeche which means
“to remove or to throw away.”
Who are the officials removable by impeachment?
They are the following:
1. President
2. Vice-President
3. Justices of the Supreme Court
4. Chairman and Members of the Constitutional Commissions
5. Ombudsman and Deputies
6. Justices of the Sandiganbayan
What are the grounds for impeachment?
They are the following:
1. Culpable violation of the Constitution
2. Treason
3. Bribery
4. Graft and Corruption
5. Other high crimes
6. Betrayal of public trust

What body has the power to initiate impeachment cases?

House of the Representatives.
Who has the sole power to try and decide impeachment cases?
The Senate.
When the President is on trial of impeachment cases, who shall preside?
The Chief Justice of the Supreme Court, but shall not vote.
What vote is necessary to convict an impeachable officer?
2/3 votes of all the members of the Senate.

What are the effects of conviction of an impeachable officer?

The following are the effects:
1. Removal from office
2. Disqualification to hold any public office
3. Subject to prosecution, trial and punishment in accordance with law

What court is known as the anti-graft court?

The Sandiganbayan
What is the composition of the Sandiganbayan?
It is composed of the following:
1. Presiding Justice
2. 8 Associate Justices
How are decisions of the Sandiganbayan arrived at?
A unanimous vote of all the three (3) members is required.
Are decisions of the Sandiganbayan reviewable?
Yes, by the Supreme Court on a petition for review on certiorari.
What office is also known as the Tanodbayan?
The Ombudsman
What is the composition of the Ombudsman?
1. One over-all deputy
2. Deputy for Luzon
3. Deputy for Visayas
4. Deputy for Mindanao
5. Deputy for the Military
What are the qualifications of the Ombudsman and deputies?
1. Natural born citizen of the Philippines
2. At least 40 years old
3. Of recognized probity and independence
4. Member of the Philippines Bar
5. Must not have been candidate for any elective office in the immediately preceding election.
What is the term of office of the Ombudsman and deputies?
7 years without reappointment
How are the Ombudsman and deputies appointed?
They are appointed by the President from a list of at least 6 nominees prepared by the Judicial and Bar Council.

CHAPTER-XXV
National Economy and Patrimony

What are the goals of the National Economy?

1. More equitable distribution of wealth
2. Increased wealth for the benefit of the people
3. Increased productivity
What is regalian doctrine?
It is a doctrine which states that all lands of public domain, waters, minerals, coal, petroleum and other mineral
oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna and natural resources
belong to the state.
What are the different classifications of lands of the Public Domain?
1. Agricultural Land
2. Forest/Timber
3. Mineral Lands
4. National parks
Which of the lands of the public domain may be alienated?
Only agricultural lands
Who has the power to explore, develop and utilize natural resources?
The State
May private corporations or associations hold alienable lands?
Yes, through lease for a period of 25 years renewable for another 25 years but not to exceed 1,000 hectares.

What about citizens of the Philippines?

1. By lease-not more than 500 hectares
2. By purchase, homestead or grant-not more than 12 hectares
May aliens acquire private lands in the Philippines?
Generally, no. No private land shall be transferred or conveyed except to individuals, corporations or
associations qualified to acquire or hold land of public domain.

Exceptions:
1. Hereditary succession
2. Natural-born citizens of the Philippines who has lost its citizenship may be a transferee of private lands subject
to limitations provided by law

What is social justice?

It is neither communism nor despotism, nor atomism, nor anarchy, but the humanization of laws and the
equalization of social and economic forces by the State so the justice in its rational and objectively secular
conception may be least be approximated.

What is distributive Justice?

It is the attainment of a more equitable distribution of land which recognizes the right of the farmers and regular
farm workers who are landless to own the land they till and a just share of the fruits of the land.

What are the principal characteristics of education, which the State must promote and protect?
1. Quality Education
2. Affordable education
3. Education that is relevant to the needs of the people

What does the State establish and maintain?

1. Complete, adequate and integrated systems of education
2. System of free public education in the elementary and high school levels
3. Scholarship grants to deserving students

Is the study of the Philippine Constitution mandated in the Constitution?

Yes, under Article XIV, Sec.3 par 1

What is the composition of the Commission on Human Rights?

1. Chairman
2. 4 members

What are the qualifications of the members of the Commission of Human Rights?
1. Natural born citizens of the Philippines
2. Majority of the members shall be members of the Bar

May religion be taught in elementary and high school students?

Yes, provided with written consent of the parents and the same must be done during regular class hours without
additional cost.

What is the national language of the Philippines?

Filipino

Is the study of Spanish compulsory?

No, only voluntary and optional basis.

Describe the Philippine Flag.

The flag of the Philippines shall be red, white and blue with a sun and three stars as consecrated and honored by
the people of the Philippines and recognized by law.
Can the name Philippines be changed?
Yes, Congress may by law change the name of the Philippines to any other name.

What is Amendment?
It is an isolated or piecemeal change of the Constitution.

What is Revision?
It is the revamp or total rewriting of the Constitution.

How may the Constitution be amended?

1. Upon a 3/4 votes of all the members of Congress
2. Constitutional Convention
3. Direct proposal by the people through initiative but not oftener than 5 years.
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