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CONTENT
1. State
2. Elements of State
PHILIPPINE 3. Government

GOVERNMENT 4. Types of Government

5. Branches of Government
AND 6. Inherent Powers of Government
CONSTITUTION 7. Constitution
8. Bill of Rights
9. Impeachment

STATE
State is a community of persons, more or less numerous,
permanently occupying a definite portion of a territory,
having a government of their own, to which the great body
of inhabitants render habitual obedience (Montevideo
Convention of 1933).

STATE

STATE vs NATION
• State is a legal concept while nation is an ethnic concept.
• For the purpose of constitutional law, a country should be
called State.
• The Constitution uses them interchangeably to designate
the legal concept of state as defined above.

ELEMENTS OF STATE

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ELEMENTS OF STATE
1. People
2. Territory
3. Sovereignty
4. Government
TERRITORY
• A territory is a fixed portion of the surface of Earth inhabited
by the people of the State.
• It is an area over which the State has effective control
• The national territory should be placed in the Constitution for
the preservation of the national wealth, for national security,
and as a manifestation of our solidarity as a people.
TERRITORY
• It should be stressed out that the municipal law of the land is
the 1987 Philippine Constitution. As it binds only the nation
promulgating it.
• The definition of territory will bind international if it is
supported by proof that can stand in international law.
• International law stated the definition also of the territorial
sea, contiguous zone and the exclusive economic zone.
• Territorial Sea is 12 nautical miles from the baseline,
contiguous zone is 24 nautical miles from the baseline, and
exclusive economic zone is 200 nautical miles from the
baseline.
• Spratly Islands is within the 200 nautical miles of the
Philippines from Palawan. THEREFORE, Spratly Islands belong
to the Philippines.
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PEOPLE
• It is an element of state that simply means a community of
persons sufficient in number and capable of maintaining the
continued of existence of the community and held together
by a common bond of law.
• It is no legal consequence if they possess diverse racial,
cultural, or economic interests.
• A state shall compose of both men and women for
procreation and for the continuity of the state.
TERRITORY
• The national territory of the Philippines is stated in Article I of
the 1987 Philippine Constitution.
• The national territory states that “The national territory
composes the Philippine archipelago, with all the islands
and waters embraced therein, and all other territories over
which the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular
shelves and other submarine areas. The waters around,
between and connecting the islands of the archipelago,
regardless of its breadth and dimensions, form part the
internal waters of the Philippines."
SOVEREIGNTY
• It is the will of the state to command and enforce a
controlled obedience to its people.
• The sovereignty of the Philippines is stated I Article II of the
1987 Philippine Constitution.
• Philippines exercises limited sovereignty because it 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.
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GOVERNMENT
DOCTRINE OF PARENS PATRIAE
• Parens Patriae is a Latin term that means parent of the
people.
• The Doctrine of Parens Patriae states that the government
should act as the guardian of the people especially in
exercising their rights.
TYPES OF GOVERNMENT
• ACCORDING TO THE NUMBER OF PERSONS EXERCISING
SOVEREIGN POWERS
• ARISTOCRACY- Governed by people who came
privileged class.
Ex. Russia, China and Saudi Arabia
• DEMOCRACY- The power is exercised by the people.
• Direct- The power is exercised through mass meeting.
• Ex. Switzerland
• Indirect- The power is exercised through representation
• Ex. Philippines, France, Canada, and USA.
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GOVERNMENT
• It is an agency through which the will of the state is
expressed, formulated and realized.
• It is the institution by which an independent society makes
and carries out rules of action which are necessary to
enable men to live in a social state, or which are imposed
upon the people forming that society by those who possess
the power or authority of prescribing them.
TYPES OF GOVERNMENT
• ACCORDING TO THE NUMBER OF PERSONS EXERCISING
SOVEREIGN POWERS
• MONARCHY- authority is in a single person. A king or queen
rules the government.
• ABSOLUTE MONARCHY- he/she rules because of divine right.
• LIMITED MONARCHY- he/she rules according to the Constitution
Ex. United Kingdom, Saudi Arabia, and Thailand.
TYPES OF GOVERNMENT
• ACCORDING TO THE EXTENT OF POWERS EXERCISED
• UNITARY- The power is controlled by the central government
from • Ex. Philippines
• FEDERAL- Powers are divided into two, national and local
affairs.
• Ex. USA- Being federal makes their provinces as states.
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TYPES OF GOVERNMENT TYPES OF GOVERNMENT

• ACCORDING TO THE RELATIONSHIP BETWEEN EXECUTIVE AND • ACCORDING TO THE RELATIONSHIP BETWEEN EXECUTIVE AND
LEGISLATIVE LEGISLATIVE
• PARLIAMENTARY- There is a fusion of Executive Department and • PARLIAMENTARY- There is a fusion of Executive Department and
Legislative Department. Legislative Department.
- The head of the - The head of the
government is called Prime Minister. government is called Prime Minister.
• PRESIDENTIAL- There is a separation of Executive Department and • PRESIDENTIAL- There is a separation of Executive Department and
Legislative Department. Legislative Department.
- The head of the government is - The head of the government is
called the President. called the President.

• There are some countries that is ruled by both President and Prime • There are some countries that is ruled by both President and Prime
Minister. These states are exercising a Parliamentary form of Minister. These states are exercising a Parliamentary form of
government. government.

TYPES OF GOVERNMENT GOVERNMENT OF THE PHILIPPINES

• ACCORDING TO ITS LEGITIMACY
• DE JURE- It is established by a legitimate sovereign.
• DE FACTO- It is established according to facts.
• The full definition of the Government of the Philippines is
stated on the Administrative Code of the Philippines.
• Government of the Republic of the Philippines refers
to the corporate governmental entity through
which the functions of government are exercised
throughout the Philippines, including, save as the
contrary appears from the context, the various arms
through which political authority is made effective
in the Philippines, whether pertaining to the
autonomous regions, the provincial, city, municipal
or barangay subdivisions or other forms of local
government.
• In the 1987 Philippine Constitution, Art. II, Sec. 1
states that the Philippines is a democratic and
republican state. Sovereignty resides in the people
and all government authority emanates from them.

THE THREE BRANCHES OF GOVERNMENT

BRANCHES OF
GOVERNMENT

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THE THREE BRANCHES OF GOVERNMENT THE THREE BRANCHES OF GOVERNMENT

• Legal Basis of the Three Branches of Government in the • DOCTRINE OF CHECKS AND BALANCES
Philippines • One department is given certain powers by which it may definitely
• LEGISLATIVE DEPARTMENT- Article VI of the 1987 Philippine restrain the others from exceeding constitutional authority. It may
object or resist any encroachment upon its authority, or it may
Constitution
question, if necessary, any act or acts which unlawfully interferes with
• EXECUTIVE DEPARTMENT- Article VII of the 1987 Philippine its sphere of jurisdiction and authority.
Constitution
• JUDICIAL DEPARTMENT- Article VIII of the 1987 Philippine
Constitution

THE THREE BRANCHES OF GOVERNMENT THE THREE BRANCHES OF GOVERNMENT

• PRINCIPLE OF BLENDING OF POWERS
• Blending of powers is actually sharing of powers of the different
departments of government whereby one department helps and
coordinates with the other in the exercise of a particular power, function
or responsibility.
• DOCTRINE OF SEPARATION OF POWERS
• The doctrine of separation enunciates the idea of grouping the
powers of government into three classes and of their apportionment
among three coordinate departments, separate from and
independent of each other. This doctrine is being carried out until
this modern day that it is now incorporated in the constitutions of
many states.

LEGISLATIVE DEPARTMENT
• The legal basis of the Legislative Department is Article VI of the 1987
Philippine Constitution.
• The Legislative Department in the Philippines is called Congress.
• The Legislative Department of the Philippines is considered bicameral

LEGISLATIVE
because it consists of two houses.
• The Congress of the Philippines consists of the Senate and the House of
Representatives.

DEPARTMENT
• The Legislative Power is the power vested to the two houses according
to the doctrine of separation of powers. No other
departments/branches in the government can exercise this power.
• Legislative power is the power of the Congress to make laws and to alter
or repeal them.
• For legality, this power is stated in Art. VI, Sec. 1 of the 1987 Philippine
Constitution.

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LEGISLATIVE DEPARTMENT LEGISLATIVE DEPARTMENT

• Art. VI, Sec. 1
• The Legislative Power shall be vested in the Congress of the Philippines which SENATE HOUSE OF REPRESENTATIVES
shall consist of a Senate and a House of Representatives, except to the COMPOSITION
extent reserved to the people by provision on initiative or referendum.
24 Not more than 250 members
12 every election unless fixed by law
• Question: Is legislative power absolute to Congress? The purpose of electing 12 per
• Answer: No, because it is also reserved to the people by provision on election is for seniority. So that
initiative and referendum. the remaining 12 will introduce
and guide the incoming 12
senators in the Senate.

• Legal basis for the composition of Senate is Art. VI, Sec. 2 of the 1987
Philippine Constitution.
• Legal basis for the composition of House of Representatives is Art. VI, Sec.
5, Paragraph 1 of the 1987 Philippine Constitution.
• Party-list Representatives shall constitute 20 percent of the total number
of the members of the House of Representatives.

LEGISLATIVE DEPARTMENT LEGISLATIVE DEPARTMENT

SENATE HOUSE OF REPRESENTATIVES SENATE HOUSE OF REPRESENTATIVES
QUALIFICATIONS 1. Must be a natural-born 1. Must be a natural-born citizen of QUALIFICATIONS 1. Must be a natural-born 1. Must be a natural-born citizen of
(Pneumonic- citizen of the Philippines. the Philippines. (Pneumonic- citizen of the Philippines. the Philippines.
NARRA) 2. Able to read and write. 2. Able to read and write. NARRA) 2. Able to read and write. 2. Able to read and write.
3. Resident of the Philippines 3. Resident of the district 3. Resident of the Philippines 3. Resident of the district
for not less than 2 years. representing for not less than 1 for not less than 2 years. representing for not less than 1
4. Registered voter. year. 4. Registered voter. year.
5. Age must be 35 years old on 4. Registered voter. 5. Age must be 35 years old on 4. Registered voter.
the day of the elections. 5. Age must be 25 years old on the the day of the elections. 5. Age must be 25 years old on the
day of the elections. day of the elections.
• Legal basis for the composition of Senate is Art. VI, Sec. 3 of the 1987 • Natural-born citizens of the Philippines are those who meet the
Philippine Constitution. qualifications stated under Art. 4, Sec. 1 of the 1987 Philippine
• Legal basis for the composition of House of Representatives is Art. VI, Sec. Constitution.
6 of the 1987 Philippine Constitution. • Residency is used to indicate a place of abode, whether permanent or
• Party-list candidates should be a resident of the Philippines for not less temporary while domicile denotes a fixed permanent residence to
than one year. which, when absent, one has the intention of returning.
• In terms of election, residency and domiciliary are the same.
• All qualifications are expected to be met by any candidate on or before
the day of the election to be qualified to run in any position.

LEGISLATIVE DEPARTMENT LEGISLATIVE DEPARTMENT

SENATE HOUSE OF REPRESENTATIVES SENATE HOUSE OF REPRESENTATIVES
TERM OF OFFICE • 6 years • 3 years HEAD OF THE HOUSE Senate President Speaker of the House
• No Senator shall serve for • No member of the House of
more than two consecutive Representatives shall serve for more
terms then three consecutive terms. • The Head of the House shall be the tie breaker in case if the votes are
equally divided and does not meet the quorum.
• Unless provided by law, all terms shall commence on the noon of the
30th day of June following the elections. • Being Head of the House gives you the authority to administer sessions in
• Question: Can a Senator run for his third term? your designated house.
• Answer: Yes, as long as it is not consecutive.
• Term of office represents the length of the term according to the
Constitution while tenure of office represents the length of the used term
by the member. Term of office is fixed while tenure of office can be
changed.
• Question: What if Representative A resigned during the second year of
his first term, can he be replaced? What is his term and tenure of office?
• Answer: Yes, he can be replaced. However, the one replacing will finish
the remaining one year of Representative A. The term of office of Rep. A
is still 3 years and one term, his tenure of office is 2 years only.

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LEGISLATIVE DEPARTMENT
1. Privilege of Speech and Immunity from Suit
A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest
while the Congress is in session. No Member shall be questioned nor be held liable
in any other place for any speech or debate in the Congress or in any committee
thereof (Article VI, Sec. 11 of the 1987 Philippine Constitution).
2. Electoral Tribunal
The Senate and the House of Representatives shall be the sole judge of all
contests relating to election, returns, and qualifications of their respective
members. Proclamation is necessary so that the Electoral Tribunal can go over the
case (Article VI, Sec. 17 of the 1987 Philippine Constitution).
LEGISLATIVE DEPARTMENT
1. It will undergo the three-reading rule on the originating
house
• First reading- reading of the title of the bill and the author of the bill
• Second reading- voting for the bill, explanation of the members on
why they are in favor or why they are not in favor of the passage of
the bill.
• Third reading- summary of the voting of the members of the house
2. It will undergo the three-reading rule on the other house
• The same process will be conducted
3. Bicameral Conference Committee
• If both houses did not agree with the passage of the law, the
Congress will form a Bicameral Conference Committee composed
of representatives from each house.
• The Bicameral Conference Committee will check whether or not
there is a need to pass the bill.
EXECUTIVE
DEPARTMENT
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LEGISLATIVE DEPARTMENT
3. Authorizing Power
The Congress, by a vote of two-thirds of both houses in joint session
assembled, voting separately, shall have the sole power to declare the existence
of state of war.
In times of war or other national emergency, the Congress may by
law authorize the President to exercise powers necessary and proper to carry out
declared national policy.
LEGISLATIVE DEPARTMENT
4. Signature of the President
• The President will sign the bill if he wants the bill to become a law
• If the President was not able to affix his/her signature 30 days upon receiving the
bill then the bill will be automatically become a law.
• The President can exercise his/her veto power by signing for the rejection of the
bill.
5. Overriding of Veto Power
• The Congress has the power to override the veto power of the President and
make a bill become a law.
6. Circulation for 15 days
• All laws will be effective 15 days after the publication into 2 newspapers in
national circulation.
EXECUTIVE DEPARTMENT
• The legal basis for executive department is Article VII of the 1987 Philippine
Constitution.
• The executive department is composed of the President, Vice President and the
Cabinet Members or the Departments.
• The executive power is only vested to the President of the Philippines.
• In the Philippines, executive power is vested to the President because he is both the
Head of the State and the Chief Executive.
• Executive power is the power to implement laws.
• Executive privilege is the power of the President to withhold certain types of
information from the court, the Congress and ultimately the public.
• The President is immune from suit during his Presidency. The President can waive his
immunity from suit if and only if the President filed the suit.
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EXECUTIVE DEPARTMENT EXECUTIVE DEPARTMENT

• The VICE PRESIDENT shall have the same qualifications and term of office and be PRESIDENT VICE PRESIDENT
elected with and in the same manner as the President.
TERM OF OFFICE 6 years and not be eligible for 6 years and no Vice President shall
• The Vice President may be removed in the same manner as the President. reelection serve form more than two consecutive
• The Vice President may be appointed as a member od the Cabinet. terms
• His/her only constitutional function is to be on hand to act as President when needed • The only difference between President and Vice President can bee seen
or to succeed to the Presidency in case of a permanent vacancy in the office. in their term of office.
• Qualifications
• Natural-born citizen of t he Philippines.
• Able to read and write
• Registered voter
• Resident of the Philippines for at least 10 years
• Age must be 40 years old on t he day of t he elect ion.
• They are both elected through direct vote every second Monday of May
following the elections.

EXECUTIVE DEPARTMENT EXECUTIVE DEPARTMENT

• If the President-elect fails to qualify, the Vice President-elect shall act as President until
the President-elect shall have qualified.
• If a President shall not have been chosen, the VP-elect shall act as President until
president shall have been chosen.
• If at the beginning of the term of the President, the President-elect died or became
permanently disabled, the VP-elect will become President.
• Where no Pres. and VP shall have been chosen or shall have qualified or where both
shall have died or become permanently disabled, the President of the Senate or, in
case of his inability, the Speaker of the House of Representatives shall act as a
President until a President or VP shall have been chosen and qualified.
• In case of death, permanent disability, removal from office or resignation of the
President, the VP shall become the President to serve the unexpired term.
• In case of death, permanent disability, removal from office or resignation of the
President and Vice President, the Senate President, in case of his inability, the Speaker
of the House of Representative, shall then act as the President.
• In case of vacancy in the office of the Vice President, the President shall nominate a
Vice President among the Members of Senate and House of Representatives.
• The President shall inform the Congress through a written declaration if he is unable to
discharge the powers and duties of his office.
• In case of serious illness of the President, the public shall be informed of the state of
his health.
• The Members of the Cabinet in charge of national security and foreign relations and
the Chief of Staff of the Armed Forces of the Philippines shall not be denied access to
the President during such illness.
• The spouse and relatives by consanguinity or affinity within the fourth civil degree of
the President shall not during his tenure be appointed as Members of certain
government agencies.
• The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the Executive Departments, Ambassadors, etc.
• The President shall have control of all the executive departments, bureaus and
offices. He shall ensure that the laws be faithfully executed.

EXECUTIVE DEPARTMENT EXECUTIVE DEPARTMENT

• The President shall be the Commander-in-Chief of the Armed Forces of the Philippines • The President is entitled for residual powers.
and whenever it becomes necessary, he may call out such Armed Forces to prevent
or suppress lawless violence, invasion or rebellion. • Residual powers are automatically vested to the President.
• Residual powers are powers not stated in the Constitution and can be practiced by
• In case of invasion or rebellion, when the public safety requires it, he may, for a
the President only.
period not exceeding sixty days, the President may suspend the privilege of writ of
habeas corpus or place the Philippines or any part thereof under martial law. • In the case of Marcos vs. Manglapus, former President Corazon Aquino exercised her
residual powers against the Marcoses.
• A state of martial law does not suspend the operation of the Constitution.
• She used her residual powers to ban the Marcoses in coming back to the Philippines
• The writ of habeas corpus is a court order demanding that a public official shall
from Hawaii.
deliv er an imprisoned individual to the court and show a valid reason for that
person’s detention.
• If the priv il ege of writ of habeas corpus is suspended, anyone with an authority can
bring any body to the court with or without a valid reason for detention.
• The President may grant pardons and paroles to any convict.

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JUDICIAL DEPARTMENT
• The Judicial Department shall be composed of one Supreme court and other lower
courts.
• The judicial power is vested to the Judicial Department.
• The judicial power is the power to check the constitutionality of the laws.

JUDICIAL
• The judicial power also is to see whether or not there is a grave abuse of discretion
amounting to lack or excess of jurisdiction of the courts.

DEPARTMENT

HIERARCHY OF COURTS SUPREME COURT

• The Supreme Court is the last bulwark of democracy.
• The Supreme Court shall be composed of one Chief Justice and fourteen Associate
Justices.
• No person shall be appointed member of the Supreme Court or any other lower court
unless he is a natural –born citizen of the Philippines, a member must be at least 40
years of age, and must have been for fifteen years or more a judge of a lower court
or engaged in the practice of law in the Philippines.
• He or she also must be a member of the Philippine Bar.
• All members of the Supreme Court shall be appointed by the President with the
approval of the Commission on Appointments.
• A member shall hold office until they reach the age of 70 or become incapacitated
to discharge the duties of their office.

POLICE POWER
• It is the power of the government which promotes the general welfare of the citizens.

INHERENT POWERS
OF THE
GOVERNMENT

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PHILIPPINE CONSTITUTION
• The Philippines had a total of six constitutions.
• The first Constitution is the Malolos Constitution in 1899.
• The second was the 1935 Philippine Constitution that served from 1935-1943 then
implemented again from 1945- 1973.

PHILIPPINE
• During the non-implementation of the 1935 Philippine Constitution from 1943-1945,
they created the 1945 Philippine Constitution.
• The Marcos Administration created the 1973 Philippine Constitution.
• During the Presidency of Corazon Aquino, they created the 1987 Philippine

CONSTITUTION
Constitution.
• The present and running constitution of the Philippines is still the 1987 Philippine
Constitution.
• The Constitution does not change yearly, to change the Constitution it should
undergo by either amendment or revision.
• Amendment is the alteration of one or a few specific and isolated provisions of the
constitution while revision is the re-examination of the entire constitution and may
affect the structure of the government.

BILL OF RIGHTS
• According to the Bill of Rights, no person shall be depriv ed of life, liberty or property
without due process of law, nor shall any person be denied the equal protection of
law.
• The people have the right to be secured in their persons, houses, papers and effects
against unreasonable searches without legal search warrant.
• No law also shall be passed abridging a person’s freedom of speech.
• Any person under investigation shall have access to his or her Miranda Rights
• The right to remain silent;

BILL OF RIGHTS
• The right to competent and independent counsel preferably of his own choice; and
• The right to be informed of such rights.

IMPEACHABLE OFFICIALS
• The following are the ONLY impeachable officials in the Philippines:
• President;
• Vice President;

IMPEACHABLE
• Chief Justice;
• Associate Justices;
• Constitutional Commission Officers;

OFFICIALS AND
• Officers of Commission on Elections;
• Officers of Commission on Audit; and
• Officers of Civil Service Commission.

GROUNDS FOR
IMPEACHMENT

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IMPEACHABLE OFFICIALS
• The following are the grounds for impeachment of the impeachable officials in the
Philippines:
• Betrayal of Public Trust;
• Culpable violation of the Constitution;
• Treason;
• Bribery;
• Graft and corruption; and
• Other high crimes.

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