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4 Comparative Government & Politics

UNIT 4: CONSTITUTIONAL PROVISIONS

4.0 Intended Learning Outcomes

a. Appraise the meaning and value of Preamble as contained in the 1987
Constitution.
b. Discuss both self-executing and none self-executing principles and state policies
prescribed in the 1987 Constitution.
c. Explain the various rights conferred under Article III of the 1987 Constitution.
d. Design, printed or virtual, discursive infographics about the Legislative,
Executive, and Judicial branch of governemnt to include the composition,
qualifications, functions, powers & privileges, and the grounding principles.

4.1. Introduction

The basic information learned from the discussions we had under your
Learning Packets 1-3 are relevant in understanding the tenets, prescriptions, as well
as proscriptions expressed under the Philippines’ 1987 Constitution. This learning
material will cover information on the Preamble, Fundamental Principles and State
Policies, Bill of Rights, Legislative Department, Executive Department, and the
Judiciary.

Apparently, the framings of the Constitution is the application of the political

ideals, perspectives, and principles that the Filipino people have sought and willed.
With these, you will learn the forms of government we have adopted as well as the
system of governance the country has pursued by knowing the same through the
composition, qualification, powers and privileges, and grounding principles
governing the three branches of government (legislative, executive, and judiciary).

4.2 Topics/Discussion (with Assessment/Activities)

Brain-build
Activity Title: Tracing Constitutional Framing
Instruction:
1. Perform the following activities and use any writing implements to deliver the
same. Be creative.

Activity1
Design, printed or virtual, discursive infographics on the Legislative,
Executive, and Judicial branches of government highlighting the composition,
qualifications, functions, powers & privileges, grounding principles

Activity 2
Create a Briefer Kit on Bill of Rights as prescribed under Article III of the 1987
Constitution. Make it meaningful and fun!

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2. Present your outputs either print or virtual.

General Instruction for Submission of Outputs:

Use separate sheets in accomplishing the activities, quizzes and/or
exercises contained in this module. Compile in a folder and submit as
scheduled.

3. Rubric
CRITERIA PT. SCORE REMARK
1. Cohesiveness of ideas 10
Ideas or information presented is rich and
shows learner’s understanding of the topic

2. Quality of Instructional Aid 5

The learner’s use of appropriate scheme and
material are apparent and led to the successful
delivery of the expected output
3. Quality and Style of Presentation 5
The learner is able to present the assigned task
accurately and in the most sophisticated way
TOTAL 20

4.2.1 Meaning and value of Preamble

PREAMBLE

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

Meaning of the Preamble

The preamble is the foreword of the Constitution. The letters ascribed under it
encourage Filipinos to love and show passion for the country, the Philippines. It expresses
and highlights commitments, roles, and responsibilities towards our people and our society.
As a nation of free people, the citizens are expected to act and exercise freedom and liberty
with responsibility and focused on love of country, peace and unity. Nonetheless, the
preamble of the 1987 Constitution does not carry any legal rights or obligations, neither it is
enforceable nor a source of right, power, and privileges.

Purpose of the Preamble

What is the importance of preamble of the Philippines? The preamble is important

because it will tell you why a particular clause on the Philippine Constitution is there. It
would tell you what the Filipino people is striving for, what they aspire to be, and what they
believe in.

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4.2.2 Article II Declaration of Principles and State Policies

Principles

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and
all government authority emanates from them.

This means that the establishment of government resides within the hands of the
people. The power to decide on promulgations and/or laws are made by representatives
chosen by the people and must comply with the constitution. Technically, the Constitution
is considered the will of the people, hence, promulgations, laws, rules, and regulations must
be scrutinized in consonance to and with strict reference to the Constitution before they could
become sources of rights and/or obligations.

This idea relates well to the principle of constitutional supremacy. Which means that
promulgations, laws, rules, and regulations that run counter to the Constitution are void and
without legal binding since the constitution is the supreme law and the fundamental law of
the land.

Section 2. The Philippines renounces war 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.

Just like the other members of the community of nation, the Philippines promotes love
for peace. Hence, by expressed provision of the Constitution, the national policy that upholds
peace is by all means executing and no further legislation is needed for it to become binding.

To enrich your understanding about this, let us view the principle through the lens of
these two doctrines, the doctrines of transformation and incorporation. The transformation
method requires that an international law be transformed into a domestic law through a
constitutional mechanism such as local legislation.

The incorporation method, on the other hand, applies when, by mere constitutional
declaration, international law is deemed to have the force of domestic law. Thusly, by
expressly providing our adherence to peace in the Constitution, no legislation is needed for
us to obey and observe the same.

Section 3. Civilian authority is, at all times, 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 State
and the integrity of the national territory.

As explained in the previous reading materials, civilians are supreme over the military
since the prime duty of the AFP is to protect the people and the state. However, the President
may exercise his calling out power, in times when the civilian authority, such as the PNP
could no longer take a grasp of lawless violence, and subject to the approval of the Congress,
declare Martial Law when public safety is at stake and such declaration is very much
necessary to bring back peace and public safety. Hence, Martial Law is not illegal, but a
mechanism that would uphold the right and duty of the state to preserve its existence.
Thusly, what would make it illegal would depend on the process or means by which such
declaration was made, for example if it was not dully concurred in by Congress.

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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 citizens may be required,
under conditions provided by law, to render personal, military or civil service.

The right to exist and establish a government resides within the hands of the people,
the right we claim as a free nation. Therefore, it is only just that their participation be called
upon whenever threats to national peace is present and right to self-preservation is
threatened. In this essence, the citizens, regardless of their social, cultural, political, and
personal circumstances may be called upon by the state to defend the same in times of war.
These citizens may render civil and military services in defence of state. Take note that this
is not voluntary but a mandatory duty, hence, the invocation of free will and/or freedom
could not exculpate one from compliance therewith.

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of the blessings of
democracy.

This means that the state has the right to regulate the exercise of right and privileges
of the members of the state and whenever possible insubordinate the will of the few to that
of the many. This is in accord to the doctrine of salus populi est suprema lex or in ordinary
parlance, the “welfare of the people is the supreme law”. To regulate the exercise of rights
and privileges of the people for the purpose of ensuring peace and order, the state has the
right to exercise its police power. This only means that, our rights are subject to the rights of
others. It is with limits and are not to be exercised according to our whims and caprices.

Section 6. The separation of Church and State shall be inviolable.

Separation of church and state is the idea that government should remain neutral
toward all religions and not officially recognize or favour any one religion. It also means that
the government cannot force citizens to practice a specific religion nor force churches to
perform acts that go against their religion. In the same vein, the church cannot impose their
will upon the government such as hindering the latter from exercising its duties and/or
responsibilities under ecclesiastical precepts and/or rules. This has been the case of the
coming into law of the RH Bill. The pressure from the religious sector almost render the bill
from ever becoming into law, thereby hindering the right of every woman of reproductive
age to avail subsidized reproductive health related services.

State Policies

Quiz 1.0
Constitutional provisions may be self-executing and otherwise. By being self-executing, it
means that, a constitutional provision can be given effect without the aid of legislation, and there is
nothing to indicate that legislation is intended to make it operative. It does not require implementing
regulations and does not need existing laws to be enforced outright. Respond on them below!

Self-Executing /
Provision Real-Life Example
Not Self-executing
Section 7. The State shall pursue an independent
foreign policy. In its relations with other states, the
paramount consideration shall be national

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sovereignty, territorial integrity, national interest, and
the right to self-determination.

Section 8. The Philippines, consistent with the national

interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.

Section 9. The State shall promote a just and dynamic

social order that will ensure the prosperity and
independence of the nation and free the people from
poverty through policies that provide adequate social
services, 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.

Section 11. The State values the dignity of every

human person and guarantees full respect for human
rights.

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 civic
efficiency and the development of moral character
shall receive the support of the Government.

Section 13. The State recognizes the vital role of the

youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social
well-being. It shall inculcate in the youth patriotism
and nationalism, and encourage their involvement in
public and civic affairs.

Section 14. The State recognizes the role of women in

nation-building, and shall ensure the fundamental
equality before the law of women and men.

Section 15. The State shall protect and promote the

Creation of
right to health of the people and instill health
Department of
consciousness among them.
Health (DOH)
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.

Section 17. The State shall give priority to education,

science and technology, arts, culture, and sports to
foster patriotism and nationalism, accelerate social
progress, and promote total human liberation and
development.

Section 18. The State affirms labor as a primary social

economic force. It shall protect the rights of workers
and promote their welfare.

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Section 19. The State shall develop a self-reliant and
independent national economy effectively controlled
by Filipinos.

Section 20. The State recognizes the indispensable

role of the private sector, encourages private
enterprise, and provides incentives to needed
investments.

Section 21. The State shall promote comprehensive

rural development and agrarian reform.

Section 22. The State recognizes and promotes the

rights of indigenous cultural communities within the
framework of national unity and development.

Section 23. The State shall encourage non-

governmental, community-based, or sectoral
organizations that promote the welfare of the nation.

Section 24. The State recognizes the vital role of

communication and information in nation-building.

Section 25. The State shall ensure the autonomy of

Local Government
local governments.
Code of 1991
Section 26. The State shall guarantee equal access to
opportunities for public service, and prohibit political
dynasties as may be defined by law.

Section 27. The State shall maintain honesty and

integrity in the public service and take positive and
effective measures against graft and corruption.

Section 28. Subject to reasonable conditions

Freedom of
prescribed by law, the State adopts and implements a
Information Law;
policy of full public disclosure of all its transactions
Citizen Charter,
involving public interest.
etc.

4.2.3 Article III Bill of Rights

The provisions of this article guarantees the political and legal rights of the citizens
against the agents of the State.

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.

Due process of law is a constitutional guarantee that prevents the State from
perpetuating abuse upon its citizens. It requires full recognition of a person’s legal rights
before justice system. Due process may either be procedural and substantive. Procedural due
pertains to the processes used to try and convict defendants accused of crimes, while
substantive due process is a principle allowing courts to prevent government interference
with fundamental rights.

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On the other hand, equal protection of the law is a clause and legal principle that bar
undue favor and individual or class privilege, as well as hostile discrimination or the
oppression of inequality. It is not intended to prohibit legislation which is limited either in
the object to which it is directed or by territory within which it is to operate.

To comply with equal protection clause stated under this section, laws and enforcement
thereof:
a. Must be based on substantial distinctions which make for real differences;
b. Must be germane to the purpose of the law;
c. Must not be limited to existing conditions only; and
d. Must apply equally to each member of the class.

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 or 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.

Notes that must be remembered here is that arrests and seizures must be backed by
search warrant and/or warrant of arrest, as the case may be, the search warrants and warrant
of arrest must only be issued by the judge exercising jurisdiction over the place where the
search and seizure will be made. Moreover, the issuance must be based on probable cause
and due determination of the causes by which warrants have been requested upon.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.

This section means that communication and correspondence, such mails, emails,
recordings, text messages, among others, are considered private and are not for access by
anyone. Except when information contained therein matters public concerns and/or
endangers public safety, in which case, upon lawful order of the court, may be accessed and
used for lawful purposes. In the event that these information shall be taken without lawful
order of the court, the taking and the information thereof are considered illegal, hence, may
not be used for any legal purpose or proceeding.

This is in accord to the fruit of the poisonous tree doctrine otherwise referred to as the
exclusionary rule, which originated from the case, Stonehill v. Diokno. This is a rule that
prohibits the issuance of general warrants that encourage law enforcers to go on fishing
expeditions. The fruit of the poisonous tree is considered an important doctrine because it
keeps prosecutors from using pieces of evidence that are illegally obtained. This doctrine also
helps deter negligent or reckless police misconduct.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the
right of the people peaceably to assemble and petition the government for redress of grievances.

This section could be further explained through a case that was decided by the
Supreme Court, the case of Primicias v. Fugoso where the Supreme Court of the Philippines
ruled that, the right to freedom of speech, and to peacefully assemble and petition the

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government for redress of grievances, are fundamental personal rights of the people
recognized and guaranteed by the constitutions of democratic countries. But it is a settled
principle growing out of the nature of well-ordered civil societies that the exercise of those
rights is not absolute for it may be so regulated that it shall not be injurious to the equal
enjoyment of others having equal rights, nor injurious to the rights of the community or
society”. Which means that these rights are subject to certain limitations, such as libel, oral
defamation, among others.

In another stance, the Supreme Court ruled that, “freedom of assembly connotes the
right of the people to meet peaceably for consultation and discussion of matters of public
concern. It is entitled to be accorded the utmost deference and respect. It is not to be limited,
much less denied, except on a showing, as is the case with freedom of expression, of a clear
and present danger of a substantive evil that the state has a right to prevent. Even prior to
the 1935 Constitution, Justice Malcolm had occasion to stress that it is a necessary
consequence of our republican institutions and complements the right of free speech. To
paraphrase the opinion of Justice Rutledge, speaking for the majority of the American
Supreme Court in Thomas v. Collins, it was not by accident or coincidence that the rights to
freedom of speech and of the press were coupled in a single guarantee with the rights of the
people peaceably to assemble and to petition the government for redress of grievances. All
these rights, while not identical, are inseparable.”

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without discrimination
or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or
political rights.

This is one of the limits of the law-making power of the Congress by virtue of the
fundamental principle on the secularization of the church from the state. Lawmakers are
proscribed from creating laws that promote, protect, favour, religions. Moreover, religious
test and/or requirements must not be required in the exercise of civil, political, economic,
and social rights of the citizens.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not
be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except
in the interest of national security, public safety, or public health, as may be provided by law.

The citizens of the country are free to select where to live the same as they are forever
free to go where they wished to go for as longs as the exercise thereof will not endanger
public security, safety, and health.

Hence, going in and outside the Philippines is not barred except when, for an instance,
you are inflicted with a virus and your entry into the country would result in mass
contamination. Travelling may be a free exercise of civil rights but it is subject to strict
regulations by the State.

Section 7. The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development, shall be afforded
the citizen, subject to such limitations as may be provided by law.

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Information that matter the public as a whole should always be made available for
public access. This is the very core of freedom of information. However, this privilege is not
absolute as there are limitations to these. Such as those covered by Data Privacy Act and
information and/or communication that concerns national security.

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

This pertains to the rights of the people to create organizations, associations, unions,
or societies for purposes of promoting collective economic, social, political, and/or cultural
ends.

Provided, however, that no such formation shall be made for purposes of destroying
and/or destructing public peace and order or in perpetrating any other unlawful purposes.
Hence, creating groups for purposes of terrorism is not legal as this is contrary to law.

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

The state has the inherent right to take private properties for the promotion of general
welfare. Despite dissents from landowners, the state can always take them for purposes that
shall carry the ends of the majority. Say for example, for building of bridges, infrastructures,
hospitals, schools, among others.

However, the taking must be made justly by giving the landowners the compensation
of their lands that were taken from them. Otherwise, the exercise of the power is illegal.

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

Every citizen has the full right to express their intents in an agreement, express the
terms and conditions thereof, as well as agree or disagree on certain obligations which may
arise as such. The real intentions of the part shall be respected by the law.

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

Access to courts and relative services shall be made available to the poor. The creation
of the Public Attorney’s Office and the privilege granted to the citizens to avail of the court
services as pauper litigants have been made response to this. Hence, justice can no longer be
denied by reason of poverty.

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

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall
be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible
in evidence against him.
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(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their families.

The first part of the section pertains to the Miranda rights of the accused. Wherein
every person accused of the crime charged shall have the right to be informed of the nature
and cause of the accusation made against him. This right can only be given up through a
written document which shall be made in the presence of the counsel. The person accused of
a crime shall not be made the subject of physical violence neither be held or detained in places
other than public detention facilities. Confessions made by the accused without the
conditions herein set forth, let say, he was made to waive his right without the presence of
the counsel, such waiver is illegal, or the accused was made to confess on an act by which he
is charged under threat and compulsion, the confession made cannot be used in the
proceedings or trial against the accused because it was illegal.

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

A person accused of a crime has the right to post bail for his temporary release and/or
liberty. Except when the crime for which he is charged is a crime punishable by reclusion
perpetua and/or if the evidence at hand is strong or could affirm his conviction. Even if there
is the suspension the writ of habeas corpus, the right to bail is still operative and no excessive
bail shall not imposed upon the accused to the extent of making the posting of bail
impossible.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved,
and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of
the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to
face, and to have compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.

This pertains to the right of the accused during trial which must be satisfied by
apprehending officers and the court taking cognizance of the case. Otherwise there would
constitute a violation of due of process (procedural) which could lead to the dismissal of the
case and/or acquittal of the accuse.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion
or rebellion, when the public safety requires it.

The writ of habeas corpus (which literally means to "produce the body") is a court
order demanding that a public official (such as a warden having custody of the detained
individual) to deliver an imprisoned individual to the court and show a valid reason for that
person's detention. Often, the court holds a hearing on the matter, during which the inmate
and the government can both present evidence about whether there is a lawful basis for
jailing the person. The court may also issue and enforce subpoenas in order to obtain
additional evidence.

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Moreover, the writ shall extend to all cases of illegal confinement or detention by
which any person is deprived of his liberty, or by which the rightful custody of any person
is withheld from the person entitled thereto. The writ, however, must not be made as a reason
to free a person detained under lawful basis.

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

This pertains to the right of all persons to resort to lawful legal and non-legal
mechanisms, as the court may provide, to avoid the delay of justice and costly litigation
expenses which may sprung from protracted legislations.

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

This is popularly known as the right against self-incrimination which could come into
two aspects. The right to refuse to take the witness stand and the right to refuse to answer an
incriminatory question. Thus, an accused, cannot be compelled, even by way of a subpoena
or court order, to testify and be a witness.

However, such right applies only to testimonial acts, such as speaking, nodding, or
writing. Other personal information that might be incriminating, like blood or hair samples,
DNA or fingerprints, may be used as evidence.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the
party shall have been duly convicted.

The fruit of democracy is being able to freely exercise one’s political rights. The free
exercise thereof, so long as it is for lawful purposes, must not be made a reason for the
detention of a person merely exercising the same.

On the other hand, the second part of the section meant that no person shall make as
a punishment a an enforced and compulsory service made through any scheme, plan or
pattern, intended to cause a person to believe that if he or she did not enter into or continue
in such condition, he or she or another person would suffer serious harm or other forms of
abuse. In other contexts, it occurs when an individual coerces another into his service by
improper or wrongful conduct that is intended to cause, and does cause, the other person to
believe that he or she has no alternative but to perform labour."

Example:

The system of peonage, whereby the poor were forced to labour until their debt was
satisfied. More recently, examples include claims of involuntary servitude against human
trafficking, the denial of abortion services, racial profiling, and rape.

Another is, when the debtor pledges his/her personal services or labour or those of a
person under his/her control as security or payment for a debt, when the length and nature
of services is not clearly defined or when the value of the services as reasonably assessed is
not applied toward the liquidation of the debt.

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

(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be
dealt with by law.

This section pertains to the humanitarian rights that the State must afford to the
accused of crimes. In the Philippines, only Congress may impose death penalty in the
Philippines through legislative enactments, as the case maybe. Those crimes that were
previously punishable by death, shall automatically be reduced to Reclusion Perpetua, or
imprisonment of 20 years and 1 to 40 years.

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

This provision is enshrined in our Constitution as one of the Rights of an individual.

This provision prohibits the enactment of a law criminalising non-payment of debt or poll
tax.

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.

Double jeopardy means that a person cannot be charged with a same or identical crime
when such person was already previously convicted or acquitted of a similar crime.
However, there are three instances wherein an accused may still be subsequently charged
with an offense “which necessarily includes the offense charged in the former complaint”
despite a previous conviction. This is commonly called as the Doctrine of Supervening Event.

Second, as to acquittal. As a rule, once an accused is acquitted, the prosecution may

no longer file an appeal on account of double jeopardy (See Villareal vs Aliga, GR 166995, 13
January 2014).

Section 22. No ex post facto law or bill of attainder shall be enacted.

An ex post facto law is one which makes an act illegal although it was not that so
during the time it was committed, or one that increases the penalties for an infraction after it
has been committed, or changes the rules of evidence to make conviction easier. This is
prohibited as it deter the right of individual to personal liberty and right to live life with
dignity. On one hand, the bill of attainder is an act of a legislature declaring a person, or a
group of people, guilty of some crime, and punishing them, often without a trial.

4.2.4. Legislative Department

According to the 1987 Constitution, legislative power shall be vested in the Congress
of the Philippines, which shall consist of a Senate and a House of Representatives. The Senate
shall be composed of twenty-four Senators who shall be elected at large by the qualified
voters of the Philippines, as may be provided by law; the House of Representatives shall be
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composed of not more than 250 (unless otherwise fixed by law), 20 percent of whom must be
Party-list representatives. The qualifications to become a senator, as stipulated in the
constitution, are:
a. natural-born citizen of the Philippines;
b. at least thirty-five years old;
c. is able to read and write
d. a registered voter; and
e. a resident of the Philippines for not less than two years before election day.

Meanwhile, the constitution provides for the following criteria to become a member
of the House of Representatives:
a. a natural-born citizen of the Philippines;
b. at least twenty-five years old;
c. is able to read and write; and
d. except the party-list representatives, a registered voter and a resident for at least
one year in the district where s/he shall be elected.

Congress is responsible for making enabling laws to make sure the spirit of the
constitution is upheld in the country and, at times, amend or change the constitution itself.
In order to craft laws, the legislative body comes out with two main documents: bills and
resolutions. Resolutions convey principles and sentiments of the Senate or the House of
Representatives. These resolutions can further be divided into three different elements:

a. Joint resolutions — require the approval of both chambers of Congress and the
signature of the President, and have the force and effect of a law if approved.
b. Concurrent resolutions — used for matters affecting the operations of both chambers
of Congress and must be approved in the same form by both houses, but are not
transmitted to the President for his signature and therefore have no force and effect of
a law.
c. Simple resolutions — deal with matters entirely within the prerogative of one
chamber of Congress, are not referred to the President for his signature, and therefore
have no force and effect of a law.

Bills are laws in the making. They pass into law when they are approved by both
houses and the President of the Philippines. A bill may be vetoed by the President, but the
House of Representatives may overturn a presidential veto by garnering a 2/3rds vote. If the
President does not act on a proposed law submitted by Congress, it will lapse into law after
30 days of receipt.

Main Powers of the Congress

 General Legislative. It consists of the enactment of laws intended as a rule of conduct to

govern the relation between individuals (i.e., civil laws, commercial laws, etc.) or
between individuals and the state (i.e., criminal law, political law, etc.)
 Implied Powers. It is essential to the effective exercise of other powers expressly granted
to the assembly.
 Inherent Powers. These are the powers which though not expressly given are
nevertheless exercised by the Congress as they are necessary for its existence such as:

a. to determine the rules of proceedings;

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b. to compel attendance of absent members to obtain quorum to do business;
c. to keep journal of its proceedings; etc.

 Specific Legislative. It has reference to powers which the Constitution expressly and
specifically directs to perform or execute. Powers enjoyed by the Congress classifiable
under this category are:
a. Power to appropriate;
b. Power to act as constituent assembly; (for drafting an amendment to the
constitution upon a vote of three-fourths of all its members)
c. Power to impeach; (to initiate all cases of impeachment is the power of the
House of Representatives; to try all cases of impeachment is the power of the
Senate.)
d. Power to confirm treaties; (Only the Senate is authorized to use this power.)
e. Power to declare the existence of war; (The Senate and the House of
Representatives must convene in joint session to do this.)
f. Power to concur amnesty; and
g. Power to act as board of canvasser for presidential/vice-presidential votes. (By
creating a joint congressional committee to do the canvassing.)
h. Power to contempt
i. Blending of power
j. Delegation of power
k. Budgetary power
l. Power to taxation

Executive Power

These are powers of the Congress that are executive in nature and these include the
following:

a. Appointment of its officers;

b. Affirming treaties;
c. Confirming presidential appointees through the Commission on Appointments;
d. Removal power; etc.

Supervisory Power

The Congress of the Philippines exercises considerable control and supervision over
the administrative branch, these include:

a. To decide the creation of a department/agency/office;

b. To define powers and duties of officers;
c. To appropriate funds for governmental operations; and
d. To prescribe rules and procedure to be followed; etc.

Electoral Power

Considered as electoral power of the Congress of the Philippines are the Congress'
power to:

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a. Elect its presiding officer/s and other officers of the House;
b. Act as board of canvassers for the canvass of presidential/VP votes; and
c. Elect the President in case of any electoral tie to the said post.

Judicial Power

This refers to powers which delved on decisions and/or verdicts in the performance
of official duties and responsibilities. These powers include;

a. To punish its Members for disorderly behaviour, and, with the concurrence of
two-thirds of all its Members, suspend or expel a Member
b. To concur and approve amnesty declared by the President of the Philippines;
c. To initiate, prosecute and thereafter decide cases of impeachment; and
d. To decide electoral protests of its members through the respective Electoral
Tribunal.

Other Powers
This pertains to other powers that the Constitution has conferred to Congress:
a. To authorize the Commission on Audit to audit fund and property;
b. To authorize the President of the Philippines to fix tariff rates, quotas, and dues;
c. To authorize the President of the Philippines to formulate rules and regulations
in times of emergency;
d. To reapportion legislative districts based on established constitutional standards;
e. To implement laws on autonomy;
f. To establish a national language commission;
g. To implement free public secondary education;
h. To allow small scale utilization of natural resources;
i. To specify the limits of forest lands and national parks;
j. To determine the ownership and extent of ancestral domain; and
k. To establish independent economic and planning agency.

4.2.5 Executive Department

The President

The President of the Philippines is elected by direct vote by the people for a term of
six years. He may only serve for one term, and is ineligible for re-election. The term of the
President of the Philippines starts at noon of the 30th day of June after the election. The
qualifications for an individual aspiring to become the President of the Philippines are
outlined in Article VII, Section 2 of the 1987 Constitution. According to the constitution, an
individual may become President provided he meets the following criteria:

a. natural born Filipino;

b. a registered voter;
c. must be able to read and write;
d. 40 years of age at the day of the election; and
e. must have resided in the Philippines ten years before the election is held.

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Powers of the President

Besides the constitution, the powers of the President of the Philippines are specifically
outlined in Executive Order No. 292, s. 1987, otherwise known as the Administrative Code
of 1987. The following powers are:

1. Power of control over the executive branch

The President of the Philippines has the mandate of control over all the executive
departments, bureaus, and offices. This includes restructuring, reconfiguring, and
appointments of their respective officials. The Administrative Code also provides for the
President to be responsible for the abovementioned offices’ strict implementation of laws.

2. Power ordinance power

The President of the Philippines has the power to give executive issuances, which
are means to streamline the policy and programs of an administration. There are six
issuances that the President may issue. They are the following as defined in the
Administrative Code of 1987:

 Executive orders — this carry the acts of the President providing for rules of a general
or permanent character in implementation or execution of constitutional or statutory
powers which are promulgated as, executive orders.

 Administrative orders — this carry the acts of the President which relate to particular
aspects of governmental operations in pursuance of his duties as the administrative
head. These are present amongst national government agencies and line bureaus.

 Proclamations — these are acts of the President fixing a date or declaring a status or
condition of public moment or interest, upon the existence of which the operation of
a specific law or regulation is made to depend, shall be promulgated in proclamations
which shall have the force of an executive order.

 Memorandum orders — this exemplifies the acts of the President on matters of

administrative detail, or of subordinate or temporary interest which only concern a
particular officer or government office shall be embodied in memorandum orders.

 Memorandum circulars — this carry the acts of the President on matters relating to
internal administration, which the President desires to bring to the attention of all or
some of the departments, agencies, bureaus, or offices of the government, for
information or compliance, shall be embodied in memorandum circulars.

 General or special orders — these are acts and commands of the President in his capacity
as commander-in-chief of the Armed Forces of the Philippines shall be issued as
general or special orders.

During the regime of President Ferdinand E. Marcos, he used executive issuances

known as presidential decrees as a form of legislation. These decrees have the full force and
effect of laws because at the time the legislature did not exist and, when the 1973 Constitution
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was put into full force and effect, it gave the power to the President to do as such. This
continued until the first year of President Corazon C. Aquino’s term. However, President
Aquino opted to used executive orders instead of presidential decrees. President Aquino’s
executive orders, however, still had the full force and effect of laws until the ratification of
the 1987 Constitution.

It must be noted that the presidential decrees promulgated and issued during the
Marcos regime still have legal leanings and bearings and may still be enforced as embodied
in the Transitory Provisions of the 1987 Constitution. These presidential decrees that do not
counter constitutional provisions of the current Constitution still have the effect of law and
may be made sources of rights and obligations, as the case may be.

3. Power over aliens

The President of the Philippines has certain powers over non-Filipinos in the
Philippines. The powers he may exercise over foreigners in the country are as follows:

a. The chief executive may have an alien in the Philippines deported from the country
after due process.
b. The President may change the status of a foreigner, as prescribed by law, from a
non-immigrant status to a permanent resident status without necessity of visa.

The President may choose to overrule the Board of Commissioners of the

Bureau of Immigration before their decision becomes final and executory (after
30 days of the issuance of the decision). The Board of Commissioners of the
Bureau of Immigration has jurisdiction over all deportation cases. The
president is also mandated by the Administrative Code of 1987 to exercise
powers as recognized by the generally accepted principles of international law.

c. Powers of eminent domain, escheat, land reservation and recovery of ill-gotten

wealth

The President of the Philippines has the authority to exercise the power of
eminent domain. The power of eminent domains means the state has the power
to seize or authorize the seizure of private property for public use with just
compensation. There are two constitutional provisions, however, that limit the
exercise of such power: Article III, Section 9 (1) of the Constitution provides
that no person shall be deprived of his/her life, liberty, or property without
due process of law. Furthermore, Article III, Section 9 (2), provides that private
property shall not be taken for public use without just compensation.

Once the aforementioned conditions are met, the President may exercise
the power of eminent domain which are as follows:

 Power of eminent domain — The President shall determine when it is

necessary or advantageous to exercise the power of eminent domain in
behalf of the national government, and direct the solicitor general,
whenever he deems the action advisable, to institute expropriation
proceedings in the proper court.

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 Power to direct escheat or reversion proceedings — The President shall
direct the solicitor general to institute escheat or reversion proceedings
over all lands transferred or assigned to persons disqualified under the
constitution to acquire land.

d. Power to reserve lands of the public and private domain of the government —

 The president shall have the power to reserve for settlement or public use,
and for specific public purposes, any of the lands of the public domain, the
use of which is not otherwise directed by law. The reserved land shall
thereafter remain subject to the specific public purpose indicated until
otherwise provided by law or proclamation.
 He shall also have the power to reserve from sale or other disposition and
for specific public uses or purposes, any land belonging to the private
domain of the government, or any of the friar lands, the use of which is not
otherwise directed by law, and thereafter such land shall be used for the
purposes specified by such proclamation until otherwise provided by law.

e. Power over ill-gotten wealth — The President shall direct the solicitor general to
institute proceedings to recover properties unlawfully acquired by public officials
or employees, from them or from their nominees or transferees.

Within the period fixed in, or any extension thereof authorized by, the
constitution, the President shall have the authority to recover ill-gotten properties
amassed by the leaders and supporters of the previous regime, and protect the
interest of the people through orders of sequestration or freezing of assets or
accounts.

4. Power of appointment

The President may appoint officials of the Philippine government as provided by the
constitution and laws of the Philippines. Some of these appointments, however, may need
the approval of the Committee on Appointments (a committee composed of members from
the House of Representatives and the Senate of the Philippines).

5. Power of general supervision over local governments

The President of the Philippines, as chief executive, has the mandate to supervise local
governments in the Philippines, despite their autonomous status as provided by Republic
Act No. 7160 otherwise known as the Local Government Code of 1991.

Traditionally, this is done by the Department of the Interior and Local Government,
headed by a cabinet secretary—an alter ego of the President.

6. Other powers

Aside from the aforementioned powers of the President of the Philippines, he can also
exercise powers enumerated in the constitution, and powers given to him by law.

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Line of Succession

The constitution provides for a line of succession in the event that the elected President
of the Philippines is not able to discharge the duties of his office due to death, disability, or
resignation. The following is the line of succession:

 Vice President — in cases of the death, disability, or resignation of the President

 Senate President — in cases of the death, disability, or resignation of the President and
Vice President
 Speaker of the House of Representatives — in cases of the death, disability, or resignation
of the President, Vice President, and Senate President

The constitution did not grant seat to the Chief Justice of the Supreme Court in the
President’s line of succession.

Vice President of the Philippines

The Vice President of the Philippines is elected by direct vote by the people for a term
of six years, and may run for re-election once. The term of the Vice President of the
Philippines starts at noon of the 30th day of June after a regular election is held.

Qualifications

The qualifications for aspirants to the Office of the Vice President is outlined in Article
VII, Section 3, the same as the qualifications for the President is the same for the Vice
President.

Duties of the Vice President

According to the constitution, the vice president may concurrently assume a cabinet
position should the President of the Philippines offer the former one. The vice president will
become a secretary concurrent to the position of vice president. Aside from the cabinet post,
the vice president is mandated to assume the presidency in case of the death, disability, or
resignation of the incumbent President.

4.2.6 Judiciary

Judicial power rests with the Supreme Court and the lower courts, as established by
law (Art. VIII, sec. 1 of the 1987 Constitution). Its duty is to settle actual controversies
involving rights which are legally demandable and enforceable (Art. VIII Sec. 1 (2)). The
judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by the Legislature
below the appropriated amount the previous year (Art. VIII, Sec. 3).

The Supreme Court of the Philippines

The Supreme Court is composed of a Chief Justice and 14 associate justices who serve
until the age of 70. The court may sit en banc or in one of its three divisions composed of five
members each. The chief justice and associate justices are appointed by the President of the

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Philippines, chosen from a shortlist submitted by the Judicial and Bar Council. The president
must fill up a vacancy within 90 days of occurrence.

Article VIII, Section 4 (2) of the constitution explicitly provides for the cases that must
be heard en banc, and Section 4 (3) for cases that may be heard by divisions.

The Judiciary Reorganization Act of 1980 transferred the administrative supervision

of all courts and their personnel from the Department of Justice to the Supreme Court. This
was affirmed by Article VIII, Section 6 of the 1987 Constitution. To effectively discharge this
constitutional mandate, the Office of the Court Administrator (OCA) was created under
Presidential Decree No. 828, as amended by Presidential Decree No. 842 (and its functions
further strengthened by a resolution of the Supreme Court en banc dated October 24, 1996).

Its principal function is the supervision and administration of the lower courts
throughout the Philippines and all their personnel. It reports and recommends to the
Supreme Court all actions that affect the lower court management. The OCA is headed by
the court administrator, three deputy court administrators, and three assistant court
administrators.

Judicial Powers

According to the 1987 Constitution, Article VIII, Section 5, the Supreme Court
exercises the following powers:

 Exercise jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and
habeas corpus.
 Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the law or the
Rules of Court may provide, final judgments and orders of the lower courts in:
 All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question;
 All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto;
 All cases in which the jurisdiction of any lower court is in issue;
 All criminal cases in which the penalty imposed is reclusion perpetua or higher;
 All cases in which only an error or question of law is involved;
 Assign temporarily judges of lower courts to other stations as public interest may
require. Such temporary assignments shall not exceed six months without the consent
of the judge concerned.
 Order a change of venue or place of trial to avoid a miscarriage of justice.

Who could be appointed as members of the SC?

No person shall be appointed Member of the Supreme Court or any lower collegiate
court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court
must be at least forty 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.

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Court of Appeals

The Court of Appeals is the second highest tribunal in the country, which was
established on February 1, 1936 by virtue of Commonwealth Act No. 3. The current form of
the Court of Appeals was constituted through Batas Pambansa Blg. 129, as amended by
Executive Order No. 33, s. 1986, Republic Act No. 7902, and Republic Act No. 8246. The
jurisdiction of the Court of Appeals are as follows:

 Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas

corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of
its appellate jurisdiction;
 Exclusive original jurisdiction over actions for annulment of judgements of Regional
Trial Courts; and
 Exclusive appellate jurisdiction over all final judgements, resolutions, orders or
awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards
or commission.
 The Court of Appeals shall also have the power to try cases and conduct hearings,
receive evidence and perform acts necessary to resolve factual issues raised in cases
falling within its original and appellate jurisdiction, including the power to grant and
conduct new trials or proceedings.

The Court of Appeals is composed of one presiding justice and 68 associate justices,
all of which are appointed by the President from a shortlist submitted by the Judicial and Bar
Council. The associate justices shall have precedence according to the dates (or order, in case
of similar appointment dates) of their respective appointments. The qualifications for the
justices of the Supreme Court also apply to members of the Court of Appeals.

Court of Tax Appeals

The Court of Tax Appeals (CTA), which is of the same level as the Court of Appeals,
was created by virtue of Republic Act No. 1125, which was signed into law on June 16, 1954.
Its present-day form was constituted through RA 1125, as amended by Republic Act No. 9282
and Republic Act No. 9503. The CTA exercises jurisdiction in the following:

 Exclusive appellate jurisdiction to review by appeal, as herein provided:

 Decisions of the Commissioner of Internal Revenue in cases involving disputed
assessments, refunds of internal revenue taxes, fees or other charges, penalties in
relation thereto, or other matters arising under the National Internal Revenue or other
laws administered by the Bureau of Internal Revenue;
 Inaction by the Commissioner of Internal Revenue in cases involving disputed
assessments, refunds of internal revenue taxes, fees or other charges, penalties in
relations thereto, or other matters arising under the National Internal Revenue Code
or other laws administered by the Bureau of Internal Revenue, where the National
Internal Revenue Code provides a specific period of action, in which case the inaction
shall be deemed a denial;
 Decisions, orders or resolutions of the Regional Trial Courts in local tax cases
originally decided or resolved by them in the exercise of their original or appellate
jurisdiction;
 Decisions of the Commissioner of Customs in cases involving liability for customs
duties, fees or other money charges, seizure, detention or release of property affected,
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fines, forfeitures or other penalties in relation thereto, or other matters arising under
the Customs Law or other laws administered by the Bureau of Customs;
 Decisions of the Central Board of Assessment Appeals in the exercise of its appellate
jurisdiction over cases involving the assessment and taxation of real property
originally decided by the provincial or city board of assessment appeals;
 Decisions of the Secretary of Finance on customs cases elevated to him automatically
for review from decisions of the Commissioner of Customs which are adverse to the
Government under Section 2315 of the Tariff and Customs Code;
 Decisions of the Secretary of Trade and Industry, in the case of non-agricultural
product, commodity or article, and the Secretary of Agriculture in the case of
agricultural product, commodity or article, involving dumping and countervailing
duties under Section 301 and 302, respectively, of the Tariff and Customs Code, and
safeguard measures under Republic Act No. 8800, where either party may appeal the
decision to impose or not to impose said duties.
 Jurisdiction over cases involving criminal offenses as herein provided:
 Exclusive original jurisdiction over all criminal offenses arising from violations of the
National Internal Revenue Code or Tariff and Customs Code and other laws
administered by the Bureau of Internal Revenue or the Bureau of Customs: Provided,
however, that offenses or felonies mentioned in this paragraph where the principal
amount of taxes and fees, exclusive of charges and penalties, claimed is less than P1
million or where there is no specified amount claimed shall be tried by the regular
courts and the jurisdiction of the CTA shall be appellate.
 Exclusive appellate jurisdiction in criminal offenses:
o Over appeals from the judgments, resolutions or orders of the Regional Trial
Courts in tax cases originally decided by them, in their respective territorial
jurisdiction.
o Over petitions for review of the judgments, resolutions or orders of the
Regional Trial Courts in the exercise of their appellate jurisdiction over tax
cases originally decided by the Metropolitan Trial Courts, Municipal Trial
Courts and Municipal Circuit Trial Courts in their respective jurisdiction.
o Jurisdiction over tax collection cases as herein provided:
o Exclusive original jurisdiction in tax collection cases involving final and
executory assessments for taxes, fees, charges and penalties: Provided,
however, that collection cases where the principal amount of taxes and fees,
exclusive of charges and penalties, claimed is less than P1 million shall be tried
by the proper Municipal Trial Court, Metropolitan Trial Court and Regional
Trial Court.
o Exclusive appellate jurisdiction in tax collection cases:
o Over appeals from the judgments, resolutions or orders of the Regional Trial
Courts in tax collection cases originally decided by them, in their respective
territorial jurisdiction.
o Over petitions for review of the judgments, resolutions or orders of the
Regional Trial Courts in the Exercise of their appellate jurisdiction over tax
collection cases originally decided by the Metropolitan Trial Courts, Municipal
Trial Courts and Municipal Circuit Trial Courts, in their respective jurisdiction.

Composition

The CTA is composed of one presiding justice and 8 associate justices, all of which are
appointed by the President from a shortlist submitted by the Judicial and Bar Council. The
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associate justices shall have precedence according to the dates (or order, in case of similar
appointment dates) of their respective appointments. The qualifications for the justices of the
Court of Appeals also apply to members of the CTA.

Sandiganbayan

To attain the highest norms of official conduct among officials and employees in the
government, the creation of a special graft court to be known as the Sandiganbayan was
provided for in Article XIII, Section 5 of the 1973 Constitution. This court was formally
established through Presidential Decree No. 1606, which was signed into law on December
10, 1978. Through Article XI (Accountability of Public Officers), Section 4 of the 1987
Constitution, the Sandiganbayan was carried over to the post-EDSA Revolution republic. The
current form of the Sandiganbayan was constituted through PD 1606, s. 1978, as amended by
Republic Act No. 7975 and Republic Act No. 8245. The Sandiganbayan has jurisdiction over
the following:

 Violations of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act,
as amended, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code,
where one or more of the accused are officials occupying the following positions
in the government whether in a permanent, acting or interim capacity, at the time
of the commission of the offense:
 Officials of the executive branch occupying the positions of regional director and
higher, otherwise classified as grade 27 and higher, of the Compensation and
Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
 Provincial governors, vice-governors, members of the sangguniang panlalawigan
and provincial treasurers, assessors, engineers and other provincial department
heads;
 City mayors, vice-mayors, members of the sangguniang panlungsod, city
treasurers, assessors engineers and other city department heads;
 Officials of the diplomatic service occupying the position of consul and higher;
 Philippine army and air force colonels, naval captains, and all officers of higher
rank;
 Officers of the Philippine National Police while occupying the position of
provincial director and those holding the rank of senior superintendent or higher;
 City and provincial prosecutors and their assistants, and officials and prosecutors
in the Office of the Ombudsman and special prosecutor;
 Presidents, directors or trustees, or managers of government-owned or -controlled
corporations, state universities or educational institutions or foundations;
 Members of Congress and officials thereof classified as grade 27 and up under the
Compensation and Position Classification Act of 1989;
 Members of the judiciary without prejudice to the provisions of the constitution;
 Chairmen and members of constitutional commissions, without prejudice to the
provisions of the constitution; and
 All other national and local officials classified as Grade 27 and higher under the
Compensation and Position Classification Act of 1989.
 Other offenses or felonies whether simple or complexed with other crimes
committed by the public officials and employees mentioned in subsection a of this
section in relation to their office.
 Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A, s. 1986.
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In addition, the Sandiganbayan exercises exclusive appellate jurisdiction over final
judgments, resolutions or orders or regional trial courts whether in the exercise of their own
original jurisdiction or of their appellate jurisdiction as herein provided. The Sandiganbayan
also has exclusive original jurisdiction over petitions for the issuance of the writs of
mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and
processes in aid of its appellate jurisdiction and over petitions of similar nature, including
quo warranto, arising or that may arise in cases filed or which may be filed under Executive
Order Nos. 1,2,14 and 14-A issued in 1986.

In case private individuals are charged as co-principals, accomplices or accessories

with the public officers or employees, including those employed in govemment-owned or
controlled corporations, they shall be tried jointly with said public officers and employees in
the proper courts which shall exercise exclusive jurisdiction over them. The Sandiganbayan
comprises of one presiding justice and 14 associate justices, all of which are appointed by the
President from a shortlist submitted by the Judicial and Bar Council. The associate justices
shall have precedence according to the dates (or order, in case of similar appointment dates)
of their respective appointments. The qualifications to become a member of the
Sandiganbayan are as follows:

a. a natural-born citizen of the Philippines;

b. at least 40 years of age
c. has been a judge of a court for at least ten years, or been engaged in the practice of
law in the Philippines or has held office requiring admission to the bar as a
prerequisite for at least ten years.

The Second Level Courts

Regional Trial Courts are also known as Second Level Courts, which were established
among the thirteen Judicial regions in the Philippines consisting of Regions I to XII and the
National Capital Region (NCR). There are as many Regional Trial Courts in each region as
the law mandates. RTCs were formerly called as the Court of First Instance since the Spanish
era. It was only in the Judiciary Reorganization Act of 1980 that its name was changed from
being called the Court of First Instance to Regional Trial Court.

The First Level Courts

Each city and municipality in the Philippines has its own trial court. These First Level
Courts are more commonly referred to as Metropolitan Trial Courts (MeTC), Municipal Trial
Courts in Cities (MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial Courts
(MCTC). The MeTCs are the first level courts in the Metropolitan Manila area. First level
courts in cities outside Metropolitan Manila are referred to as the MTCCs. The MTCs are first
level courts that cover only one municipality, whereas MCTCs cover multiple municipalities.

The Shari'a District & Circuit Courts

The Shari’a District Courts are equivalent to the Regional Trial Courts in rank, which
were established in certain provinces in Mindanao where the Muslim Code on Personal Laws
is being enforced. On the other hand, the Shari’a Circuit Courts are the counterpart of the
Municipal Circuit Trial Courts established in certain municipalities in Mindanao.

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Quiz 2.0 Score: _____________

Name: __________________________________ Date: ______________

Part I. Explanation/Discussion. Discuss the following through a discursive essay. Use

the questions below to guide and/or compose your discussions.

a. What is a Preamble?
b. What is the purpose of the Preamble?
c. What is the effect of preamble to ones rights and obligations?
d. What is the role of the preamble to the citizens?

Criteria
Criteria:of Rating:

Idea 10pts.
Organization 5pts.
Presentation 5pts.
Total 20 pts.

Breakdown Thoughts

Answer the following questions by reflecting on important bits and pieces

of information and/or details learned from your readings.

1. Will the constitution change despite the presence or absence of the Preamble?
2. What makes the three branches of government of the Philippines interdependent and/or
interrelated?
3. What makes the policies under Article 2 of the 1987 Constitution relevant to national
development?
4. Which do you think of the three branches of government exercises the most power?
5. What particular provision of the 1987 Constitution you think is no longer responsive
to the demands of time and must be abolished? Reasons why or why not.

Branch-It-Out

Pamphlet Prompt!

Through a pamphlet, feature at least five (5) state policies enshrined under the 1987 Constitution and
include on your discussion studies, commentaries, and Supreme Court decisions, among others,
where these policies and their relevance as well as downside have been pointed out. Start your
pamphlets with an Introduction, Featured Policies and related studies, commentaries, and cases, then
end the same with a Conclusion.

C. M. D. Hamo-ay
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4 Comparative Government & Politics
MAKE A REAL DEAL
Below are cases taken from the available internet sources. These cases matter the
provisions of the 1987 Constitution and relative policies, rules, and regulations.
Apply the knowledge you have learned from the discussion by stating your comment about
these cases and reason which provision was violated and what acts constitute the violation.

SITUATION/CASE COMMENT/RESOLVE
The City Mayor issues an Executive Order declaring that the city
promotes responsible parenthood and upholds natural family planning.
He prohibits all hospitals operated by the city from prescribing the use of
artificial methods of contraception, including condoms, pills, intrauterine
devices and surgical sterilization. As a result, poor women in his city lost
their access to affordable family planning programs. Private clinics,
however, continue to render family planning counsel and devices to
paying clients. Comment on this situation.

The security police of the Southern Luzon Expressway spotted a caravan

of 20 vehicles, with paper banners taped on their sides and protesting graft
and corruption in government. They were driving at 50 kilometers per
hour in a 40-90 kilometers per hour zone. Some banners had been blown
off by the wind, and posed a hazard to other motorists. They were stopped
by the security police. The protesters then proceeded to march instead,
sandwiched between the caravan vehicles. They were also stopped by the
security force. May the security police validly stop the vehicles and the
marchers?
The principal of Jaena High School, a public school wrote a letter to the
parents and guardians of all the school's pupils, informing them that the
school was willing to provide religious instruction to its Catholic students
during class hours, through a Catholic priest. However, students who
wished to avail of such religious instruction needed to secure the consent
of their parents and guardians in writing. Comment on this situation.
Except when does the privacy of communication and correspondence be
inviolable?
The city government filed a complaint for expropriation of 10 lots to build
a recreational complex for the members of the homeowners' association of
Sitio Sto. Tomas, the most populated residential compound in the city. The
lot owners challenged the purpose of the expropriation. Does the
expropriation have a valid purpose?

4.3 References

Council for ASEAN Justices. Philippine Court System. Available at https://cacj-

ajp.org/philippines/judiciary/description-of-courts/philippine-court-system/

De Leon, H. S. (2019). Textbook on the Philippine Constitution. Rex Book Store, Inc.

Nachura, A. B., (2009). Outline Reviewer in Political Law. JRMB Printing Press*

4.4 Acknowledgment

The images, tables, figures and information contained in this module were
taken from the references cited above.

C. M. D. Hamo-ay