INTRODUCTION TO

PHILIPPINE POLITICS
AND GOVERNANCE

NATIONAL UNIVERSITY
 Objectives
• Elaborate the
INTRODUCTION TO POLITICS
meaning and
functions of the
constitution. Pre-Activity
• Enumerate and
justify the
essential parts of
Analyze the following scenarios and answer
the 1987 comprehensively.
Philippine
Constitution, its 1. Road and widening project of the government is
history,
effectivity and
needed in order to have wider space and to ease the
how it ca be traffic congestion. However, some residents living
amended. near the roadside will be affected. The government
• List and
forces them to leave to make the project possible. Is
differentiate the
inherent powers the government’s action justifiable? Can the
of the state. residents refuse to leave their home?

2. Some provisions of the constitution are said to be

obsolete and no longer applicable in today’s
IN FOCUS
situation. Others are pushing for constitutional
amendment but other fears that this might be used
1. 1987 Philippine to give advantage to some politicians. As a student
Constitution - of political science, where do you stand in this issue?
History, effectivity,
articles

2. Amendment
Article XVII

3. Inherent powers
of state

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CONCEPT OF CONSTITUTION

Knowledge of the basic principles of the

fundamental law of the land is necessary to understand
and appreciate how the government as a political
institution fulfills its ideals and avowed objectives. The
Constitution, as a charter creating the government, has
the status of a supreme law for it speaks for the entire
people from whom it desires its claim to obedience and
respect.
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Constitution refers to body of rules and principles

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in accordance with which the powers of sovereignty are regularly exercised. It is a written
instrumental by which the fundamental powers of the government are establish, limited,
and defined and by which these powers are distributed among the several departments or
branches for their safe and useful exercise for the benefit of the people.

Black’s Law Dictionary defines Constitution as the organic of fundamental law of a

nation or state, which may be written or unwritten establishing the character and
conception of its government, regulating, distributing, and limiting the functions of its
different departments, and prescribing the extent and manner of the exercise of sovereign
powers.

PURPOSE OF CONSTITUTION

1. The constitution creates the permanent framework or structure of the government. It

is the law that defines and imposed limitations on the powers and duties of the
different branches of the government. It provides basic principles of the powers of the
government which are regularly exercised.
2. It is the fundamental law of the land. It is the highest or supreme law to which all
laws much conform with and where all the people must render obedience.
3. It provides the individual rights of the people where it is designed to protect against
violations or abuses by the government or by an individual

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CLASSIFICATION OF CONSTITUTION

1. As to origin of constitution
a. Conventional or enacted. One which is enacted by constituent assembly or
constitutional convention.
b. Cumulative or evolved. It is a product of growth originating from customs,
traditions, or judicial decision
2. As to Form
a. Written. It is a constitution which is placed in a written document at a
particular time.
b. Unwritten. It is the product of political development deriving from
customs, legal decisions, and usages.
3. As to Manner of Amendment
a. Rigid. It is a document which it cannot be amended or changed be special
method other than an ordinary legislative process.
b. Flexible. This may be altered or change in the same way as other laws and
statutes.

Requisites of a good written Constitution

1. Brief. Constitution should not be quite detailed.

2. Broad. Its scope must be broad to outline the framework of governance for whole
state.
3. Definite. The provisions must not be vague and ambiguous which will lead to
opposing interpretations.

Essential parts of the constitution

1. Constitution of liberty. These are the

provisions on the individual rights of people
protected by the constitution.
2. Constitution of government. These are the
provisions that establish the structure of the
government and provide the powers of the
different branches of the government.
3. Constitution of sovereignty. It deals with the
mode or manner in amending or revising the
constitution.

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 Development of Phil. Government
Periods Leaders Form of Constitution
Government
1st Republic Emilio Aguinaldo Republican Malolos Constitution
1899-1901
Commonwealth Manuel L. Quezon Presidential 1935 Constitution
Period 1935-1943

2nd Republic Jose P. Laurel Japanese 1943 Constitution

Sponsored
Government
3rd Republic 1946- Mar Roxas - Presidential 1935 Constitution
1972 Ferdinand Marcos
(1972)
4th Republic 1973- Ferdinand E. Parliamentary 1973 Constitution
1986 Marcos
*1981 Amendment to
1973 Constitution

Revolutionary *Freedom
Government 1986- Constitution (1986)
1987
5th Republic 1987 up Corazon Aquino – Presidential 1987 Constitution
to present up to the present
(2022)

*1981 Amendment to 1973 Constitution. This is a significant development in the

Constitution.

Official Title: Batas Pambansa Blg. 122 also known as 1981 Amendments
An Act To Submit To The Filipino People, For Ratification Or Rejection, The
Amendments To The Constitution Of The Philippines, Proposed By The Batasang
Pambansa, Sitting As A Constituent Assembly, In Its Resolutions Numbered Two,
Three And One, And To Appropriate Funds Therefor.
Approval Date: March 10, 1981

*Freedom Constitution (1986). This is a transitional constitution to ensure democracy

and freedom for orderly transfer while the Constitutional Commission is drafting the
permanent constitution. It was used after the historical “People Power”

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THE 1987 PHILIPPINE CONSTITUTION

The Constitutional Commission was composed of forty-eight members appointed by

Aquino from varied backgrounds, including several former members of the House of
Representatives, former justices of the Supreme Court, a Roman Catholic bishop, and
political activists against the Marcos regime. Aquino appointed Cecilia Muñoz-Palma, a
former Associate Justice of the Supreme Court, the constitution was ratified by a
nationwide plebiscite on February 2, 1987.

The 1987 Constitution gave way for the establishment of a representative

democracy with three separate, independent and co-equal branches namely the Executive,
a bicameral Legislature, and the Judiciary.

• Preamble
• Article I: National Territory
• Article II: Declaration of Principles and State Policies
• Article III: Bill of Rights
• Article IV: Citizenship
• Article V: Suffrage
• Article VI: The Legislative Department
• Article VII: Executive Department
• Article VIII: Judicial Department
• Article IX: Constitutional Commission
• Article X: Local Government
• Article XI: Accountability of Public Officers
• Article XII: National Economy and Patrimony
• Article XIII: Social Justice and Human Rights
• Article XIV: Education, Science and Technology, Arts, Culture and Sports
• Article XV: The Family
• Article XVI: General Provisions
• Article XVII: Amendments or Revisions
• Article XVIII: Transitory Provisions

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Steps in amending the 1987 Philippine Constitution
These two steps are Amendment and Ratification.

1. Amending or revision to the Constitution

2. Three methods for proposing amendments or revision of the Constitution. These are
tree ways how a constitution can be amended.
a. By congress, upon a vote of three-fourths of all it’s members (Art. XVII Sec. 1
par.1) it is also known as Constituent assembly.
b. A Constitutional Convention. (Art. XVII sec. 1 par. 2)
c. By the people through initiative. (Art. XVII Sec. 2
3. Ratification of proposal. Any amendment to or revision of the Constitution shall be
valid when ratified by a majority of the votes cast in a plebiscite which shall be held
not earlier than sixty days nor later than ninety days after the approval of such
amendment or revision. (Article XVII Sec.4, 1987 PC)

THE INHERENT POWERS OF THE STATE

What do we mean by” inherent powers”?

As being inherent, these powers

exists as long as the state exists. This
power can never be taken away. It could
not be removed nor dissolved by any
constitution/ ordinance or any other
laws.

The Inherent powers of the state are as

follows:

1. Power of Taxation
2. Police Power
3. Power of Eminent Domain https://resource.nestiny.com/resources/images/tiles/IMG_1200_Government_Powers_Property.png

• Power of Taxation – An inherent power of the state to impose burdens upon its
people and their properties within its jurisdiction, for the purpose of raising revenues
or funds. This power is exercised through the legislature and is considered as the life
blood of government as funds are needed in order to perform its duties and obligations
of the state to its citizens.

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The state imposes tax for the following reasons: Limits of Taxation
• To raise revenues
• To regulate “rule of taxation shall be uniform
• To protect and equitable.”

Uniformity simply means

Examples of legitimate objects of the geographical uniformity: tax should
governments are infrastructures, government be applicable throughout the
programs, public services like education and country.
government subsidies like free rides and the
4Ps. Republic Act (RA) No. 11310, or otherwise Equitable, it should be progressive.
known as "An. Act Institutionalizing the -it is progressive when the rate
Pantawid Pamilyang Pilipino Program (4Ps) increases as the tax base increases
The Pantawid Pamilyang Pilipino Program
(4Ps) is a human development measure of the
national government that provides conditional
cash grants to the poorest of the poor, to improve
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the health, nutrition, and the education of

children aged 0-18.

Another example of this are the

expenditures during the Covid Pandemic in
2020. The government used the revenues for
purchase of vaccines to ensure public health and
safety.

• Police Power – This is the power vested in the https://www.dgblaw.com.au/wp-content/uploads/2018/10/Police-Powers.jpg

Legislature by the Constitution to make,

ordain, enact and establish reasonable laws or
regulations, statutes and ordinances, for the
general welfare of the people for public health,
public morals, public safety and convenience of
the people. This is founded on the obligation of
the state to protect its citizens, for public safety
and order in the society. It may violate a
constitutional right of an individual in lieu of
the common good.

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 This power is based on the legal maxim “salus populi est suprema lex” (the
welfare of the people is the supreme law) and “Sic utere tuo ut alienum non laedas”
(use your own property in such a manner as not to injure that of another).

The law could be given retroactive effect and impair vested rights or contracts. (e.g., medical
practice, permit to carry firearm, driver’s license).

Example of police power are the” liquor and gun bans” during election period. It also
includes IATF Resolution approved by the President to implement quarantine period,
lockdown and travel bans during the Covid 19 Pandemic.

Police power was practiced in the Manila City Ordinance 8027 issued during the
administration of Mayor Lito Atienza, which classified Pandacan as a residential area and
required the transfer of the oil depot of Chevron Phils. Inc., Petron Corp. and Pilipinas
Shell Petroleum Corp.

• Power of Eminent Domain – This is the right of the State to acquire private
property for public use upon payment of just compensation and observance of due
process. It is the power of the government to take private property for public use. The
taking must be a necessity and such necessity must be of public character.

Eminent domain has been utilized traditionally to facilitate transportation, supply

water, construct public buildings, and aid in defense of the people.
(https://www.justice.gov/enrd)

Requisites: http://savagesandscoundrels.org/media/2770/eminent%20domain.gif

1. There must be taking of private

property
2. It must be for public use
3. There must be just compensation
4. Due process of law must be
observed in taking of the of
property

The inherent powers of the state are

indispensable to the existence of a state.
Generally exercised by the legislature, interference on private rights and properties are
allowed for the common good. These powers are being exercised by the government even
without the existence of a constitution but there should be equivalent compensation or
benefit.

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Measure of Just Compensation
Just Compensation – the full and fair equivalent of the property take from its owner
by the expropriator.
The equivalent to be rendered for the property to be taken shall be real, substantial,
full and ample. Private property may not be taken for public use without just
compensation, no statute, decree, or executive order can mandate that its own
determination shall prevail over the court’s findings.

Constitutional Basis for the Exercise of Eminent Domain

• Section 1, Article III of the 1987 Constitution

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

• Section 9, Article III of the 1987 Constitution

“Private property shall not be taken for public use without just compensation.”

• Section 4, Article XII of the 1987 Constitution

“…the state shall respect the right of small landowners. The State shall further provide
incentives for voluntary land-sharing.”

• Section 18, Article XII of the 1987 Constitution

“The State may, in the interest of national welfare or defense, establish and operate vital
industries and, upon payment of just compensation, transfer to public ownership utilities
and other private enterprises to be operated by the Government.”

ARTICLE XVI

GENERAL PROVISIONS

Section 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars,
as consecrated and honored by the people and recognized by law.

Section 2. The Congress may, by law, adopt a new name for the country, a national anthem, or
a national seal, which shall all be truly reflective and symbolic of the ideals, history, and
traditions of the people. Such law shall take effect only upon its ratification by the people in a
national referendum.

Section 3. The State may not be sued without its consent.

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 ARTICLE XVII

AMENDMENTS OR REVISIONS

Section 1. Any amendment to, or revision of, this Constitution may be proposed by:

1. The Congress, upon a vote of three-fourths of all its Members; or

2. A constitutional convention

Section 2. Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number of registered
voters, of which every legislative district must be represented by at least three per centum of the
registered voters therein. No amendment under this section shall be authorized within five years
following the ratification of this Constitution nor oftener than once every five years thereafter.

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

Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate the question of calling
such a convention.

Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid
when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty
days nor later than ninety days after the approval of such amendment or revision.

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

TEST YOUR MIND:

Write YES if the statement is TRUE and NO if it is FALSE. Write your answer on the space
provided before each number. (1o points)

_______1. Tax is the “lifeblood of a nation”.

_______2. Regulation of medical education intends to protect the public from incompetence and
ignorance.
_______3. Just compensation is decided by the owner of the property.
_______4. Taxation is used to protect local industries.
_______5. The rule of taxation shall be uniform and equitable.
_______6. The main duty of the Government is to serve and protect the people.
_______7. Power is wielded through four different means.
_______8. Taxes are collected to raise revenue, to regulate, and to protect.
_______9. Power of Eminent Domain can only be exercised by the National Government.
_______10. Private property cannot be taken for public use without just compensation.

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 COURT CASES: Look for the following cases. Read and state the facts, issue, and
ruling. Justify the rulings based on the lessons discussed and your analysis.

1. G.R. NO. 214310, FEBRUARY 24, 2020 REPUBLIC OF THE PHILIPPINES

REPRESENTED BY THE DEPARTMENT OF PUBLIC WORKS AND
HIGHWAYS (DPWH), PETITIONER, VS. ESTATE OF JUAN MARIA
POSADAS III, MARIA ELENA POSADAS, AND ESTELA MARFORI DE
POSADAS, RESPONDENTS.

2. G.R. NO. 234196, NOVEMBER 21, 2018 JONATHAN MENDOZA Y

ESGUERRA, PETITIONER, V. PEOPLE OF THE PHILIPPINES,
RESPONDENT.

REFERENCES

Ramos, R.E. (2016). Philippine Politics and Governance. Philippines: Vibal

Publishing.
https://www.officialgazette.gov.ph/constitutions/1987-constitution/

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