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Politics, Governance, and Citizenship (Polytechnic University of the Philippines)
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Republic of the Philippines

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES
OFFICE OF THE VICE PRESIDENT FOR BRANCHES AND CAMPUSES
SANTA ROSA CAMPUS
City of Santa Rosa, Laguna
INSTRUCTIONAL MATERIAL FOR POLITICS,

GOVERNANCE AND CITIZENSHIP
(GEED 20023)
COMPILED BY:
MARIA LUISA F. ESMA

Faculty

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TABLE OF CONTENTS
Lesson 1 Introduction to Political Science
Lesson 2 Government
Lesson 3 Constitution
Lesson 4 Preamble
Lesson 5 Article I: National Territory
Lesson 6 Article II: Declaration of Principles and State Policies
Lesson 7 Article III: Bill of Rights
Lesson 8 Article IV: Citizenship
Lesson 9 Article V: Suffrage
Lesson 10 Article VI: Legislative Department

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Lesson 11 Article VII: Executive Department
Lesson 12 Article VIII: Judicial Department
Lesson 13 Article IX: Constitutional Commissions
Lesson 14 Article XI: Accountability of Public Officers

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Lesson 1: INTRODUCTION TO POLITICAL SCIENCE
OBJECTIVES:
At the end of this lesson, you are expected to be able to:
• Define political science

• Enumerate the scope of political science and its goals
• Enumerate the functions and importance of political science
• Define state and enumerate its elements and origin as well as its fundamental
powers
•
WHAT IS POLITICAL SCIENCE?
• ETYMOLOGY:
➢ political – from the Greek word <POLIS= meaning city or sovereign state.
➢ science – from the Latin word <SCIRE= meaning to know.
• Branch of social science that deals with the theory and practice of politics, description, and analysis of
political systems and political behavior.
• Systematic study of the state and government.
SCOPE OF POLITICAL SCIENCE
1. POLITICAL THEORY
• entire body of doctrines relating to the origin, form, behavior, purposes of the state.
2. PUBLIC LAW
• deals with: (a) organization of governments, (b) limitations upon government authority, (c)
powers and duties of governmental offices and officers, (d) obligations of one state to another.
3. PUBLIC ADMINISTRATION
• focused upon the methods and techniques used in the actual management of the state affairs
by the executive, legislative, and judicial branches of the government.
FUNCTIONS AND IMPORTANCE OF POLITICAL SCIENCE
• Supplies frameworks from which special interest groups, politicians and electorate may analyze issues.
• Guides politicians, political parties, political movements, or non-governmental organizations in the course
of their work.

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• Seeks patterns in the reasons and outcomes of political events so that generalizations and theories can be
made.
• Makes generalizations that would explain individual and group political actions.
• Solves political, culture, and social problems.
GOAL IN THE STUDY OF POLITICAL SCIENCE COURSES

1. Education for citizenship
2. Essential parts of liberal education
3. Knowledge and understanding of government.
WHAT IS A STATE?
• community of persons, more or less numerous, permanently occupying a fixed territory, and possessed of
an independent government organized for the political ends to which the great body of inhabitants render
habitual obedience.
ELEMENTS OF STATE
1. People
2. Territory
• Components:
➢ Terrestrial Domain (land mass)
➢ Maritime and Fluvial Domain (inland and external waters)
➢ Aerial Domain (air space)
• Process of acquiring territory:

➢ Conquest
➢ Cession
➢ Accretion
➢ Prescription
➢ Discovery
3. Government
• Two Kinds of Functions of the Government
➢ Constituent Function
➢ Ministrant Function
• Classification of Government according to legitimacy:
➢ De jure government
➢ De facto Government
*Doctrine of Parens Patriae – one important task of the government which means guardian of the rights of
the people.
4. Sovereignty

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• Two manifestations:
➢ Internal sovereignty
➢ External sovereignty (INDEPENDENCE)
ORIGIN OF STATE
1. Divine right theory
2. Necessity or force theory
3. Paternalistic theory
4. Social contract theory
DISTINCTION BETWEEN A STATE AND A NATION

• The state is a political concept, while a nation is an ethnic concept.
• A nation may or may not be independent of external control; but a state is always free from foreign control.
• A state may consist of one or more nations and a nation may be made of several states.
DISTINCTION BETWEEN A STATE AND A GOVERNMENT

• The government is only the agency through which the state expresses its will.
• A state cannot exist without a government, but it is possible to have a government without a state.
FUNDAMENTAL POWERS OF THE STATE

1. Police Power
2. Power of Eminent Domain
3. Power of Taxation
ASSESSMENT:
Answer the following:
1. As a student, what do you think is the importance of the study of politics?
ASSIGNMENT:
1. Enumerate the different forms of government and define each.
Lesson 2: GOVERNMENT

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OBJECTIVES:
• Define what is a government and its function

• Enumerate and classify the basic forms of government
• Trace the Transition of Philippine Government.
WHAT IS A GOVERNMENT?
• The agency or instrumentality through which the will of the state is formulated, expressed and realized.
FORMS OF GOVERNMENT
• As to the number of persons exercising sovereign powers:

1. Monarchy
➢ Absolute monarchy / Unlimited monarchy
➢ Constitutional monarchy /Limited monarchy
2. Aristocracy or Oligarchy
3. Democracy
➢ Direct or Pure Democracy
➢ Indirect, Representative, or Republican Democracy
• As to the extent of powers exercised by the central or national government:
1. Unitary
2. Federal
• As to the relationship between the legislative and the executive:
1. Parliamentary
2. Presidential
THREE (3) BRANCHES OF THE GOVERNMENT
1. Legislative Department
2. Executive Department
3. Judicial Department
THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

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A. THE PRE-SPANISH GOV’T
❖ Unit of Government - BARANGAY

o Consisting of more or less 100 families
o Named after balangay, a Malayan word meaning "boat"
o Considered a state for it possessed the four basic elements of statehood.
❖ Datu
o The chief executive, lawgiver, chief judge, and military head of the barangay.
o Assisted usually by a council of elders (maginoos) which served as his advisers.
❖ Social classes
o nobility (maharlika)
o Freemen (timawa)
o Serfs (aliping namamahay)
o Slaves (aliping sagigilid)

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❖ Early laws
o written laws
➢ Promulgated by the datus
o unwritten laws
➢ Consist of customs and traditions which had been passed down from generation to generation.
B. GOVERNMENT DURING THE SPANISH PERIOD
❖ Spain’s title to the Philippines
❖ Spanish Colonial Government

o 1565-1821, Philippines was indirectly governed by the King of Spain through Mexico
o 1821, when Mexico obtained her Independence from Spain, the Philippines was ruled directly from
Spain
➢ Council of the Indies
➢ Council of Ministers
➢ Ministry of Ultramar
❖ Three (3) time during the Spanish period, the Philippines was given representation in the Spanish Cortes,
the legislative body of Spain.
❖ The basic principle in politics introduced by Spain to the Philippines was the union of the church and the
state.
❖ Spanish Government in the Philippines
❖ Governor-General
o Captain General
➢ commander-in-chief of the Armed Forces in the Philippines
o Vice-Royal Patron

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➢ exercised certain religious powers
Miguel Lopez de Legazpi

• The FIRST Spanish Governor-General in the Philippines (1565-1571)
Diego de los Rios
• The LAST Spanish Governor-General in the Philippines (1898)
o Board of Authorities and the Council of Administration

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❖ Judiciary
o Royal Audiencia
➢ The Supreme Court of the Philippines during the Spanish times.
C. GOVERNMENT DURING THE REVOLUTIONARY ERA

1. Katipunan Government
➢ Secret society that precipitated our glorious revolution on August 26, 1896 and was
organized by Andres Bonifacio on July 7, 1892.
2. Biak-na-Bato Republic
➢ Established by Gen. Emilio Aguinaldo on November 1, 1897.
➢ Declared that the aim of the revolutions was the separation of the Philippines from the
Spanish monarchy and their formation into an independent state.
3. Dictatorial Government
➢ Established by Gen. Emilio Aguinaldo on May 24, 1898 due to chaotic conditions in the
country
➢ The most important achievements of this government were:
o Proclamation of the Philippine Independence at Kawit, Cavite on June 12, 1898
o Reorganization of local governments.
4. Revolutionary Government
➢ Established by Gen. Emilio Aguinaldo on June 23, 1898 with himself as the PRESIDENT
and a CONGRESS whose function was advisory & ministerial
➢ The aims of the new government were:
o To struggle for the independence of the Philippines, until all nations including Spain
will expressly recognize it.
o To prepare the country for the establishment of a real republic.
5. First Philippine Republic

➢ Established by Gen. Emilio Aguinaldo
➢ Existed from January 23, 1899 to March 23, 1901 (
➢ Under the Malolos Constitution (1899 Philippine Constitution)
D. GOVERNMENT DURING THE AMERICAN REGIME
1. Military Government
➢ Headed by a military governor who exercised all the powers of the government –
executive, legislative, and judicial
2. Civil Government

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➢ Headed by a Civil Governor

➢ Philippine Commission
o The sole lawmaking body (1901-1907)
➢ Legislative Department (1907-1916):
o Philippine Commission – Upper House
o Philippine Assembly – Lower House
o 1916: Philippine Autonomy Act (Jones Law):
▪ Philippine Commission – SENATE
▪ Philippine Assembly – HOUSE OF REPRESENTATIVES
3. Commonwealth Government of the Philippines

➢ Tydings-McDuffie Law (Philippine Independence Act)
➢ Legislative Department
o National Assembly (Unicameral Congress)
o Senate & House of Representatives
➢ Judicial Department – Supreme Court
❖ While the Filipinos had almost complete control over the domestic affairs, the United States
retained control only over matters involving foreign affairs
E. GOVERNMENT DURING THE JAPANESE OCCUPATION
1. The Japanese Military Administration

➢ Established in Manila on January 3, 1942.
2. The Philippine Executive Commission

➢ Jorge B. Vargas – chairman
3. The Japanese-Sponsored Republic of the Philippines (Second Philippine Republic)

➢ Inaugurated on October 14, 1943 with Jose P. Laurel as the President.
THE PREVIOUS PHILIPPINE REPUBLICS

❖ FIRST PHILIPPINE REPUBLIC
o established on January 23, 1899 under the Malolos Constitution
❖ SECOND PHILIPPINE REPUBLIC
o established on October 14, 1943 under the Japanese-sponsored Constitution.
❖ THIRD PHILIPPINE REPUBLIC
o established on July 4, 1946 under the 1935 Philippine Constitution.
❖ FOURTH PHILIPPINE REPUBLIC
o Proclaimed by Pres. Ferdinand E. Marcos in his inaugural address on June 30, 1981 under the
1973 Philippine Constitution.

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Lesson 3: CONSTITUTION
OBJECTIVES:
• Define what is a Constitution

• Enumerate the Nature, Purpose or Function of the Constitution, Classifications and
essential qualities of a Constitution
• Identify the different parts of a Constitution
• Trace the historical evolution of the Philippine Constitution
WHAT IS A CONSTITUTION?
• Established by the people, in the original sovereign capacity, to promote their own happiness, and
permanently to secure their rights, property, independence, and common welfare.
• A written instrument by which the fundamental powers of the government are established, limited, and
defined and by which the powers are distributed among several departments for their safe and useful
exercise for the benefit of the body politic.
• The supreme law of the land.
NATURE OF CONSTITUTION
1. Binding on all citizens and all agencies or organs of the government.

2. The law which all other laws must conform to.
3. The test of legality of all government action.
PURPOSE OR FUNCTION OF THE CONSTITUTION
1. To prescribe the permanent framework of the system of government.

2. To assign to the different departments or branches their respective powers and duties.
3. Establish certain basic principles on which the government is founded.
4. Designed to preserve and protect the rights of individuals against the arbitrary actions of those in authority.
5. Set limits on the otherwise unlimited power of the legislature.
CLASSIFICATION/KINDS OF CONSTITUTION

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1. As to their origin and history:

a. Cumulative or evolved
➢ Has its origin mainly in customs, common law principles, decisions of courts.
b. Conventional or enacted
➢ Formulated usually by a constitutional assembly or promulgated by the King.
2. As to their form:
a. Written
➢ Most of the provisions are embodied in a single formal written instrument or instruments.
b. Unwritten
➢ Product of political evolution, consisting largely of a mass of customs, usages and judicial
decisions together with a smaller body of statutory enactments of a fundamental character,
usually bearing different dates.
3. As to the manner of amending:

a. Rigid or inelastic
➢ One that can be amended only by a formal and usually difficult process.
b. Flexible or elastic
➢ One that can be altered by the same body that makes ordinary laws of the state.
ADVANTAGES AND DISADVANTAGES OF A WRITTEN CONSTITUTION
Advantages:
• It has clearness and definiteness over unwritten one
• It cannot be easily bent or twisted by the legislature or by the courts
• The protection it affords and the rights it guarantees are apt to be more secure
• It is more stable and free from all dangers of temporary popular passion
Disadvantages:
• Difficulty of its amendment
ESSENTIAL QUALITIES OF A GOOD WRITTEN CONSTITUTION
A. As to form:
1. Broad
2. Brief
3. Definite

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B. As to content:
1. Constitution of Government
2. Constitution of Liberty
3. Constitution of Sovereignty
CONSTITUTIONS OF THE REPUBLIC OF THE PHILIPPINES

(The Four (4) Major Constitutions of the Philippines)
1. The 1899 Philippine Constitution (Malolos Constitution)

➢ The first Constitution ever written in Asia whose Asian neighbors were languishing under the
domination of foreign powers.
➢ Operated from January 23, 1899 to March 23, 1901.
➢ Enacted and ratified by the Malolos Congress
➢ Separated the church and state
➢ Parliamentary Republic as a system of government
➢ Assembly of Representatives to act as the legislative body
➢ The President was elected foe a term of four (4) years (Gen. Emilio Aguinaldo as PRESIDENT with
executive & legislative powers)
➢ Became ineffective because of the American Colonialism.
2. The 1935 Philippine Constitution

➢ FRAMING & RATIFICATION
o March 24,1934: Approval of the Tydings-McDuffie (Philippine Independence Act) law by
Pres. Franklin D. Roosevelt which authorized the Philippine Legislature to call a
constitutional convention to the draft a constitution of the Philippines (1935 Philippine
Constitution).
o May 5,1934: Approval by the Philippine Legislature of the bill calling a constitutional
convention
o February 8,1935: Approval of the constitution by the convention (signing began on the
following day and was completed on February 19, 1935).
o March 23,1935: Approval of the constitution by Pres. Franklin D. Roosevelt; he certified that
the said constitution conformed with the provisions of the Independence Law (Tydings-
McDuffie).
o May 14,1935: the ratification of the constitution by the Filipino electorate.
➢ LIMITATIONS & CONDITIONS

o should be republican in form;
o should include a bill of rights;
o should contain certain provisions intended to define the relations between the Philippines
and the United States during the Commonwealth period and after the establishment of the
Philippine Republic.
❖ The 1935 Philippine Constitution ceased to operate during the Japanese occupation and automatically
became effective upon the reestablishment of the Commonwealth Government on February 27, 1945 and
the inauguration of the Third Philippine Republic on July 4, 1946.
➢ SOURCES
o Constitution of the United States
o Malolos Constitution

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o Three (3) organic laws that were enforced in the Philippines before the passage of the
Tydings-McDuffie Law:
a. Instruction of Pres. William McKinley to the Second Philippine Commission on
April 7, 1900.
b. Philippine Bill of July 1, 1902.
c. Jones Law of August 26,1916.
➢ AMENDMENTS
o Establishing a bicameral legislature.
o Allowing the reeligibility of the President and the Vice President for a second four-year term
of office.
o Creating a separate Commission on Elections.
o Parity Amendment
✓ Gave the American citizens equal right with the Filipinos in the exploitation of our
natural resources and the operation of public utilities.
❖ The Constitution as approved by the 1935 Constitutional Convention was intended both for the
Commonwealth Government of the Philippines and the Third Philippine Republic.

o March 16, 1967: Due to <felt necessities of the times (increasing population), Congress in
joint session passed a resolution authorizing the holding of a constitutional convention in
1971.
o August 24, 1970: R.A. 6132 was approved setting November 10, 1970 as election day for
320 delegates to the Constitutional Convention.
o June 1, 1971: the convention started its work rewriting the Constitution.
o Nov.30, 1972: the proposed Constitution was signed.
➢ SOURCES
o 1899 Philippine Constitution (Malolos Constitution)
o 1935 Philippine Constitution
❖ The 1973 Philippine Constitution was approved by Citizens Assembly

✓ <Do you approve the New Constitution?=
✓ <Do you still want a plebiscite to be called to ratify the new Constitution?=
❖ January 17, 1973: The President of the Philippines (Ferdinand E. Marcos) certified and proclaimed that the
Constitution proposed by the 1971 Constitutional Convention had been ratified by the Filipino and had
thereby come into effect.
➢ AMENDMENTS
o Making the incumbent President, the regular President and regular Prime Minister.
o Granting concurrent law-making powers to the President.
o Establishing a modified parliamentary form of government.

o April 23, 1986: the President (Corazon C. Aquino) promulgated Proclamation No.9 (Law
Governing the Constitutional Commission of 1986) to organize the Constitutional

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Commission, to provide for the details of its operation and establish the procedure for the
ratification or rejection of the proposed new Constitution.
o June 2, 1986: The Constitutional Commission conveyed at the Batasang Pambansa
Building and start rewriting the Constitution.
o October 12, 1986: The proposed new Constitution was approved by the Constitutional
Commission.
o October 15, 1986: The Constitutional Commission held its final session to sign the draft of
the Constitution. After which, on the same day, it was presented to the President.
o February 2, 1987: Ratification
➢ SOURCES
o 1899 Philippine Constitution (Malolos Constitution)

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Lesson 4: PREAMBLE
OBJECTIVES:
• Explain the concept of the preamble, its importance and significance to the
Constitution
• Determine the different changes in the Preamble of the 1987 Constitution of the
Philippines
THE PREAMBLE OF THE 1987 PHILIPPINE CONSTITUTION
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.
WHAT IS A PREAMBLE?
• Derived from the Latin word preambulare which means <to walk before=.
• Introduction of the Constitution.
FUNCTIONS OF A PREAMBLE
1. Sets down origin and purposes of the Constitution.

ORIGIN: Author – Sovereign Filipino People
For whom – Filipino People
PURPOSE: Promote common good
Establishment of Government
2. May serve as an aid in the interpretation of the Constitution.
NATIONAL PURPOSES AND AIMS IN ADOPTING THE CONSTITUTION

(General Objectives of the 1987 Constitution)
1. To build a just and humane society;

2. To establish a Government that shall:
a. Embody our ideals and aspirations;
b. Promote the common good;

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c. Conserve and develop our patrimony.

d. 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.
CHANGES IN THE PREAMBLE OF THE 1987 PHLIPPINE CONSTITUTION
➢ From 60 words (1973 Constitution) to 75 words (1987 Constitution)

➢ Divine Providence to Almighty God
➢ General welfare to Common good
➢ Liberty to Freedom
➢ Inserted words and phrases:
o To build a just and humane society
o The rule of law
o Aspirations
o Truth
o Love
➢ Freedom and Democracy
➢ Peace and equality
ASSESSMENT:
If you are going to change a word or phrase in the Preamble of the 1987 Philippine
Constitution, what word or phrase it is and why?
ASSIGNMENT:
1. According to Article I of the 1987 Philippine Constitution, what comprises the
national territory of the Philippines?
Lesson 5: ARTICLE I: NATIONAL TERRITORY
OBJECTIVES:
• Identify the limits and bounds of the Philippine Territory

• Enumerate the components of the National Territory
• Explain the Archipelagic Doctrine
• Explain the arguments on Philippine Territorial Issues.
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ARTICLE I
National Territory
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and
all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and
aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine
areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth
and dimensions, form part of the internal waters of the Philippines.
PURPOSE OF DEFINING OUR NATIONAL TERRITORY

1. To fix our territorial jurisdiction for purposes of future conflicts with other nations.
2. To enable our people to know their territorial home.
3. To protect our territorial integrity and make it difficult for any portion of our territory to secede.
COMPONENTS OF THE NATIONAL TERRITORY

1. Philippine Archipelago with all the islands and waters embraced therein.
2. All other territories over which the Philippines has sovereignty or jurisdiction.
3. The terrestrial, fluvial and aerial domain as well as the territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas.
ARCHIPELAGIC DOCTRINE

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• By this doctrine meant that a group of islands shall be considered as a national unit.
• The waters around, between and connecting every island on the group regardless of their breath and
dimensions will be treated as part of the internal waters.
• The doctrine implies full dominion and sovereign rights over the waters among the island, which
comprise the Philippine Archipelago.
• The Philippines is one of the largest Archipelago in the world which is composed of about 7,200 islands.
➢ The waters surrounding them, or in between them, may separate one or more islands from the
Philippine territory, if these waters which are around, between, and connecting the islands are
not recognized by the international community as part of the national territory.
• The Philippines’ position was made clear in the International Convention on the Law of the Sea held in
Geneva, Switzerland in 1958 which established the three-mile rule.
➢ If this rule will apply, the Philippine waters, which may not be covered, will become international
waters or open seas. It will also cause the separation of the Visayas by the Sibuyan Sea or Sulu
and Palawan by Mindanao Strait. The three-mile rule is not applicable to the Philippines
considering also the security problems it will cause.
• Former Senator Arturo Tolentino clearly explained this problem in 1958 in the convention.
➢ He defended that the waters separating the islands should be considered as a single unit
because of the reasons stated. (Archipelagic Doctrine)
• This was reiterated by the Philippines in the United Nations Convention on the Law of the Sea
(UNCLOS) in the 1960 and 1973 sessions.
• The Philippines signed the Law of the Sea in Jamaica on December 10, 1982.
• The 1982 Convention on the Law of the Sea recognized the Archipelago Doctrine
➢ But limitations were imposed such as the right of innocent passage and respect for right of ships
of other states to pass on territorial and archipelagic waters.
➢ It also adopted the 12-mile territorial sea limit replacing the three-mile rule.
➢ It also approved the so-called 200 miles exclusive economic zone (EEZ) which provides that a
state has jurisdiction on territories 200 miles from its baseline.

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• However, the 12-mile rule is not enough to advance the archipelagic interest of the Philippines.
➢ The Philippines signed the Law of the Sea of 1982 with reservation that, as stated under
paragraph 4 of the Declaration, <such as in the Kalayaan Islands and the waters appurtenant
thereto=.
PHILIPPINE TERRITORIAL ISSUE

• The Sabah Issue
• Kalayaan Island Group or Freedom Group of Islands (Spratlys)
• Scarborough Shoal
ASSESSMENT:
What do you think should be done by the government to consistently protect our
territorial waters?

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Lesson 6: ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES
OBJECTIVES:
• Enumerate and explain the principles and policies declared in the Constitution
• Understand the principle of democracy and republicanism
- Principles – guidelines (Sections 1 – 6)

- Policies – direction (Sections 7 – 28)
- Declared principles and defined policies of the State are mandates to the Government for the latter to
implement
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.
- The Philippines is a republic because and solely because the people in it can be governed only by officials
whom they themselves have placed in office by their votes.
- <Sovereignty resides in the people and all government authority emanates from them.= Filipino people as a
whole constitute the ultimate source of authority.
Characteristics or Manifestations of a Republican State
1. The Principle of Government of Laws and Not of Men
✓ No official, no matter how high, is above the law. All officers of the Government, from the highest to
the lowest, are creatures of the law and are bound to obey it.
2. The Observance of Rule of Majority
✓ Two-thirds majority vote is required to pass a bill as well as to reconsider a bill vetoed by the
President.
3. Accountability of Public Officers
✓ Public officers are at all times accountable to the people.
4. Legislature Cannot Pass Irrepealable Laws
✓ The Congress, as a rule, cannot pass irrepealable laws or those permanent in character. This is
because when our laws assumes a permanent character, the policy of the State would become
fixed and unchangeable and great national interest might retard, if not destroy the public posterity.
5. Separation of Powers
✓ The powers of government are distributed among three coordinate and substantially independent
organs: the legislative, the executive, and the judicial.
✓ Each of these departments of the government derives its authority from the Constitution.

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✓ The theory of the separation of powers is designed by its originators to secure action and at the
same time to forestall over action, which necessarily results from undue concentration of powers,
and thereby obtain efficiency and prevent despotism.
✓ This is intended to hinder or prevent the concentration of power in the hands of a group of person
or one person that might lead to abuse.
6. Principle of Checks and Balances
- Constitution grants powers to each of the three branches of government – legislative, executive
and judicial – to check the acts of the other branches.
- This insures each branch a sufficient role in the actions of the others so that no one may dominate.
- It is also intended to secure coordination in the workings of various departments of government.
- EXAMPLES: The executive department may annul and set aside acts of the legislative department
under its power of veto; legislative department annul and set aside actions of the executive
department by repealing or amending laws; the judicial department of the Government may annul
and set aside the acts of the legislative department when such acts are contrary to the fundamental
laws of the State or beyond the powers of the legislative department.
7. Existence of Bill of Rights
- Bill of rights is a classified list of the rights and privileges of individuals, whether personal, civil, or
political which the constitution is designed to protect against governmental oppression, containing
also the formal assurance or guaranty of these rights. It is a charter of liberties for the individual,
and a limitation upon the power of the state.
8. Presence of Election Through Popular Will
- Under our system of government, we observe the system of election as the means by which the
people choose their officials for definite and fixed periods and to whom they entrust, for the time
being, as their representatives, the exercise of the power of the government.
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.
Two underlying principles:
1. Renunciation of war
- The Philippines renounces war as an instrument of national policy because war has such a
destructive effect and at present, international controversies may be reconciled through peaceful
reconciliation.
- The renunciation of war has its beginning during the Kellogg Briand Pact also known as the Pact of
Paris or the General Treaty for the Renunciation of War. The Briand-Kellogg Pact of 1928 by
which Germany, Italy, and Japan, in common with the United States and practically all nations of
the world renounced war as an instrument of national policy, bound themselves to seek the
settlement of disputes only by pacific means, and condemned recourse to war for solution of
international controversies.
- This policy does not mean total repudiation of war, as it refers only to aggressive war, not
defensive war. Still, the country can go to war as a right to self-defense, as long as it is defensive
or simply retaliation of war started by an enemy.

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2. The adoption of generally accepted principles of international law
- Also known as the Doctrine of Incorporation. Under this doctrine, the Philippines considers herself
bound by the generally accepted principles of international law, which thus, form part of the law of
our nation.
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.
- Article VII, Section 18, wherein the President, a civilian, is declared the Commander-in-Chief of the Armed
Forces of the Philippines.
Objectives for establishing the Armed Forces:
1. Protect the people and the state

2. Secure the sovereignty of the state
3. Preserve the integrity of our national territory.
Section 4. The prime duty of the Government is to serve and protect the people. The Government may call
upon the people to defend the State and, in the fulfillment thereof all citizens may be required, under conditions
provided by law, to render personal military pr civil service.
- The primary or foremost duty of the government is to serve and protect the people.
- The Government should also defend the state and carry out such task the government may require the
citizen in rendering personal or civil service.
Section 5. The maintenance of peace and order the protection of life, liberty, and property, and the promotion
of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
- This declaration is already embodied in one of the inherent powers of the state: POLICE POWER
- Also stated in the Bill of Rights.
Section 6. The separation of Church and State shall be inviolable.
- The separation of the Church and State means that the two must not interfere with each other on matters
within their own exclusive domain.
- EXAMPLE: The church must not interfere on purely political matters affecting the state such, for example,
the appointment of public officials to run the different departments of the executive department. In the
same way, the state must not interfere on purely secular or ecclesiastical matters, like scheduling of
church services and how it is to be conducted.
- The separation of the two, which is inviolable, must not be interpreted to mean a hostile separation but
rather as constructive division with recognition that the respective aspects they promote are essential to
the full development of the Filipinos.
Section 7. The State shall pursue an independent foreign policy. In its relations with other states the paramount
consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-
determination.

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- Foreign policy refers to the prescribed direction followed by our government in the conduct of its relation
with other states.
- An independent foreign policy means a self-governing foreign policy free from influence, control, or
determination of another or other states.
- In the conduct of the country’s relation with other states, foremost consideration must be given to our
national sovereignty, territorial integrity, national interest, and the right to self-determination.
- Congress shares with the President the responsibility of formulating the country’s foreign policies although
the conduct thereof is primarily reposed in the executive department.
- The President formulates our foreign policy principally with the help of the Department of Foreign Affairs.
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.
- This section prohibits, consistent with national interest the use of nuclear weapons within our territory.
- It seeks to ban the manufacture and testing nuclear weapons in the country.
- Provides that no portion of the Philippine Territory shall be used for the purpose of storing or stockpiling
nuclear weapons, devices or parts.
- However, the prohibition does not cover the use of useful nuclear energy specifically as source of power
and for other useful benefits.
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.
- Complementary to the building of a just and humane society as set forth in the Preamble, it is the duty of
the State to promote a just and dynamic social order that will ensure the prosperity and independence of
the nation and free the people from poverty.
Section 10. The State shall promote social justice in all phases of national development.
- Social justice which the State is called to advance means the humanization of laws and the equalization of
social and economic forces by the State so that justice in its rational and objectively secular conception
may at least be approximated.
- Social justice means the promotion of the welfare of the people, the adoption by the Government of
measures calculated to ensure economic stability of all the competent elements of society, through the
maintenance of a proper economic and social equilibrium in the interrelations of the members of the
community , constitutionally, through the adoption of measures legally justifiable, or extra constitutionally
through the exercise of powers underlying the existence of all governments on the time-honored principle
of salus populi est suprema lex (The welfare of the people is the supreme law)
- Social justice must be founded on the recognition of the necessity of interdependence among diverse units
of a society and of the protection that should be equally and evenly extended to all groups as a combined
force in our social and economic life, consistent with the fundamental and paramount objective of the state
of promoting the health, comfort, and quiet of all persons, and of bringing about the greatest good to the
greatest number.
- In the fulfillment of this duty, the State must give preferential attention to the welfare of the less fortunate
members of the community – the poor, the unprivileged, those who have less in life.

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Section 11. The State values the dignity of every human person and guarantees full respect for human rights.
- In a democratic or republican state, there is a recognition of the importance of the respect paid to its
individual members.
- To fully realize the protection of human rights, the Constitution provides under Sections 17 to 19 of Article
XIII, the creation of an independent Commission on Human Rights that will investigate violations of human
rights and adopt or take appropriate measures thereof.
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.
- The family being the foundation of the nation is a basic social institution which public policy cherishes and
protects.
- The government is called upon to protect and strengthen it because the success of the nation will
ultimately depend upon the family as the basic autonomous social institution.
- The government also affords protection to the unborn, which is most probably a deterrent to legalizing
abortion in the country.
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.
- One of the role of the government is to promote and protect the physical, moral, spiritual, intellectual, and
social well-being of the youth.
- The government shall also instill the values of patriotism and nationalism as well as the encouragement in
their involvement in public and civic affairs.
- These are all geared toward the preparation of young men and women for useful citizenship and for
service to the government and the community.
Section 14. The State recognizes the vital role of women in nation-building, and shall ensure the fundamental
equality before the law of women and men.
- One of the reforms introduced in the 1987 Philippine Constitution (first time in the constitution) is the State
recognition of the role of women in nation building.
- This maybe concretized by giving greater political recognition to women.
- The state is mandated to ensure the fundamental equality before the law of women and men.
Section 15. The State shall protect and promote the right to health of the people and instill health
consciousness among them.

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- Health is the state of physical, social and mental well-being rather than merely the absence of physical
diseases.
- The state must instill health consciousness among the people.
- This topic id lengthily discussed under Art. XIII (Social Justice and Human Rights), Sections 11 to 13.
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.
- Ecology is the branch of science that deals with the study of the interrelationships of living things
(organisms, plants and animals) and their environments.
- The people, in promotion of their health, have the right to live in a pleasant environment, free from
pollution, floods, etc.
- In recognition of the impending crisis in the environment, it is declared a policy of the State to protect and
advance the right of the people to a balanced and healthful ecology.
Section 17. The State 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.
- These are the three major divisions of knowledge (education, science and technology, arts and culture).
- A human being must be liberated from illiteracy, self-centered desires, inhuman attitudes, colonial
mentality, bad habits, etc.
- Discussed under Art. XIV.
Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and
promote their welfare.
- In Economics, labor is considered to be the most important as its role is to utilize the other factors (land,
capital, etc.) in the production of goods and services.
- One of the policies of the state is to protect the rights of workers as well as to promote their welfare.
- The State must see to it that all labor laws designed to uplift the conditions of workers are faithfully
enforced.
- Discussed in Art. XIII, Sec. 3.

Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by
Filipinos.
- Our national economy must be independent of foreign control and domination. It must be bases on self-
reliance.
- Must be effectively controlled by Filipinos.
- This topic is discussed in detail under Art. XII (National Economy and Patrimony), Sec. 1.

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Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and
provides incentives to needed investments.
- Our economy is based on a private enterprise system, recognizing the important role of private initiative
and the need for investments, whether local or foreign.
- Foreign investments, however, are under certain regulatory restraints and subject to the fundamental
principle that our economy must be effectively controlled by Filipinos.
- Also discussed in Art. XII, Sections 1, 2, 6, 10, 16, 17 and 18.
Section 21. The State shall promote comprehensive rural development and agrarian reform.
- The problem of peasant unrest is one of the serious social problems of the country for over long years.
- Land estates are concentrated to few Filipinos, an indication of the continued inequality in distribution of
wealth in our society. The farmer is left with no land to till and works as tenants only.
- To remedy this social inequality, it is embodied in the constitution the promotion by the state of a
comprehensive rural development and agrarian reform. The Comprehensive Agrarian Reform Law was
enacted to remedy this centuries-old feudal system of land ownership and inequitable land distribution in
the Philippines.
- Discussed fully under Art. XIII, Sec. 4 to 8 and Art, XII, Sec. 1.
Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development.
- <Indigenous cultural communities= refers to those non-dominant groups in our country which possess and
wish to preserve ethnic, religious, or linguistics traditions or characteristics markedly different from the rest
of the population.
- The State is bound to consider the customs, traditions, beliefs and interests of indigenous cultural
minorities in the formulation and implementation of state policies and programs.
- The guiding principle is the need to preserve and develop our cultural heritage.
Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that
promote the welfare of the nation.
- Volunteerism and participation of non-governmental organizations should be encouraged because they

can be active contributors to the political, social, and economic growth of the country.
- Also discussed under Art. XIII, Sec. 15 and 16.
Section 24. The State recognizes the vital role of communication and information in nation building.
- The role of communication and information is, for the first time, given constitutional recognition.

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- Communication and information, as used above, include not only print or broadcast media (radio and
television) but also motion pictures, advertising, cable, telephone and telegraph.
- Those means of communication designed to gather and convey news or information to the public are
called mass media because they reach the mass of the people.
Section 25. The State shall ensure the autonomy of local governments.
- Local Government has been described as a political subdivision of a nation or state which is constituted by
law and has substantial control of local affairs.
- Autonomy is the power of local government units to enjoy limited self-government as defined by law.
- The principle of local autonomy under the 1987 Philippine Constitution simply means decentralization.
- Decentralization means that local government units shall be given more powers, authority, responsibilities,
and resources.
- The purpose of decentralization is to transform local governments gradually into effective instruments
through which the people can in a most genuine fashion, govern themselves and work out their own
destinies and also to grant to local governments grater freedom and ampler means to respond to the
needs of their people and promote their prosperity and happiness and to effect a more equitable and
systematic distribution of government powers and resources.
- Autonomy is either decentralization of administration or decentralization of power.
- Decentralization of administration is when the central government delegates administrative powers to

political subdivisions in order to broaden the base of government power and in the process to make local
governments more responsive and accountable, and ensure their fullest development as self-reliant
communities and make them more effective partners in the pursuit of national development and social
progress. It relieves the central government of the burden of managing local affairs and enables it to
concentrate on national concerns.
- Decentralization of power involves an abdication of political power in the favor of local government units
declared to be autonomous. The autonomous government is free to chart its own destiny and shape its
future with minimum intervention from central authorities.
Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political
dynasties as may be defined by law.
- This provision will widen political opportunities because it provides more or less for equal conditions under
which candidates run for public office.
- With this provision, we do away with political monopoly and nepotism.
- Prohibits the limitation on opportunities of young, talented but poor candidates to climb the political ladder.
- Political dynasties have made political positions subject to inheritance, have spawned graft and corruption,
and have resulted in proliferation of little monarchies in various parts of our country.
Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective
measures against graft and corruption.
- Public service should provide an opportunity for men and women to serve with honesty and integrity.
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of
full public disclosure of all its transactions involving public interest.

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- This requires the State to make public its transactions without demand from individual citizens.
- Stresses the duty of the State to release the information.
- The policy covers all State transactions involving public interest, i.e., transactions which the people have a
right to know particularly those involving expenditures of public funds.
- The policy will not apply to records involving the security of the State or which are confidential in character.
ASSESSMENT:
There are political activities, events, or developments that occur almost daily.
Rallies, coup d’etat, people power revolutions, elections and enactment of laws are some
examples. Get hold of a newspaper, read the news, scan the events that are reported;
study the political developments that transpired this year. Then, identify state principles and
policies enumerated in Article II of our constitution that are related or applicable to those
news, events, or developments. Write down in three to four sentences the events or
developments. Opposite these, write the state policies and principles that apply and explain
briefly why they are related. Use the spaces provided for your outputs.
APPLICABLE
EVENTS AND
STATE EXPLANATION
DEVELOPMENTS
POLICIES/PRINCIPLES
Lesson 7: ARTICLE III: BILL OF RIGHTS
OBJECTIVES:
• Identify the basic rights guaranteed the Constitution

• Explain the importance of exercising one’s rights in line with the powers and
prerogatives of the government Downloaded by Kim (kimchimeron@gmail.com)
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- Article III (Bill of Rights) is also known as the Constitution of Liberty.
- It is a classified list of the rights and privileges of individuals, whether personal, civil, or political which the
constitution designed to protect against governmental oppression, containing also the formal assurance or
guaranty of these rights
- It is a charter of liberties for the individual, and a limitation upon the power of the state.
- Classes of rights:
✓ Natural Rights – rights possessed by every citizen without being granted by the State for they are
given to man by God as a human being created to His image so that he may live a happy life. Ex.
right to life, right to love.
✓ Constitutional rights – rights which are conferred and protected by the Constitution. Since they are
part of the fundamental law, they cannot be modified or taken away by the law-making body.
✓ Statutory Rights – rights which are provided by laws promulgated by the law-making body and,
consequently, may be abolished by the same body. Ex. right to receive a minimum wage and the
right to inherit property.
- Classification of constitutional rights:
✓ Political rights – rights as in relation to the participation of the individual, directly or indirectly, in the
establishment or administration of government. Ex. right of suffrage, right to information on matters
of public concern, freedom of speech and of assembly.
✓ Civil rights – nonpolitical rights of all citizens, especially those rights relating to personal liberty;
rights which the law will enforce at instance of private individuals for the purpose of securing to
them the enjoyment of their means of happiness. Ex. freedom from involuntary servitude, liberty of
abode, unreasonable searches and seizure, etc.
✓ Social, economic, and cultural rights – rights which are intended to insure the well-being and
economic security of the individual. Ex. right to property, right to just compensation for private
property taken for public use.
✓ Rights of the accused – rights intended for the protection of a person accused of any crime. Ex.
right to presumption of innocence, right to speedy, impartial, and public trial, right against cruel,
degrading, or inhuman punishment.
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.
- Right to life includes the right to live, free from social damages against life or limb, or free from unjustified
control. Also includes the right to earn a living.

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- Deprivation of life is made more significant by the abolition of death penalty and the protection of the
unborn from conception.
- Right to liberty includes the right to determine one’s mode of life with due respect to the rights of others.
- Right to property is the right to acquire, hold, enjoy, possess and manage property as well as to devote the
same to legitimate use.
- The right to own or possess property is subject to the police power of the state and to the power of the
state to take property for public use upon payment of just compensation, power of eminent domain.
- This provision embodies two basic ideas in modern democracy: due process and equal protection of the
law.
- Due process is a law which hears before it condemns, which proceeds upon inquiry and renders judgment
only after trial.
- Due process extends to all persons within the Philippines.
- Two aspects of due process:
✓ Substantive due process – requires that any possible deprivation of life, liberty, or property is due
to a valid law enacted by Congress.
✓ Procedural due process – concerns itself with legal processes, which should give a party to a case
sufficient time to be heard and to be able to present evidence in his behalf.
- Equal protection of the laws simply requires that all persons (including aliens) or things similarly situated
should be treated alike, both as to rights conferred and responsibilities imposed.
- It also requires that the laws should be applied equally.
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 be issued 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.
- This refers to what is commonly called the right against unreasonable searches and seizures.
- Scope of protection:
✓ Persons – applies to everybody, citizens and aliens, whether accused or not, as well as
corporations.
✓ Houses – not limited to dwelling houses but extends to a garage, warehouse, shop, store, office,
and even a safety deposit vault.
✓ Papers and effects – include sealed letters and packages in the mail which may be opened and
examined only in pursuance of a valid search warrant.
- Provides the requirements as to how a valid warrant of arrest or search warrant is to be issued.

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- Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of
an offense
- Warrant of arrest is a written order of the court directing a peace officer to arrest a person and take him
into custody in order that he may be bound to answer for the commission of an offense.
- Search warrant is an order in writing issued in the name of the People of the Philippines, signed by a
judge, and directed to a peace officer, commanding him to search for personal property described therein
and bring it before the court.
- Only a judge may issue a search warrant or warrant of arrest.
- Requirements for valid search warrant or warrant of arrest.
✓ It must be issued upon probable cause
✓ The probable cause must be determined personally by the judge himself
✓ Such determination of the existence of probable cause must be made after examination by the
judge of the complaint of the complaint and the witnesses he may produce
✓ The warrant must particularly describe the place to be searched, and the persons or things to be
seized.
- Instances where an arrest is lawful even without a warrant. In these cases, the arrest may be done by a
private individual.
✓ In flagrante arrest. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
✓ Probable arrest. When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested has
committed it; and
✓ Re-arrest. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place, where he is serving final judgment or is temporarily confined while his case
is pending, or has escaped while being transferred from one confinement to another.
- Likewise, the law allows warrantless search in the following cases:

✓ When there is a waiver of the right;
✓ In cases where the prohibited articles is within plain-view;
✓ Regulation and inspection purposes, or as an incident of police power;
✓ Implementation of Tariff and Customs laws;
✓ In cases of stop and frisk, assuming there is a valid ground; and

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✓ When the search is an incident of a lawful arrest.
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.
- The provision acknowledges the need for the individual’s basic right to be alone and be left alone in his
personal dealings.
- Communication (telephones, telegraphs, radio, etc.), correspondence (letters, telegrams)
- Limitations on the right:
✓ Upon the lawful order of the court (interpreted in the light of the requirements for the issuance of a
search warrant.
✓ When public safety or order requires otherwise as prescribed by law (the right is subject to the
police power of the state)
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 freedom assures to the citizen that he may voice out his ideas to society.
- The right to freely utter and publish whatsoever one pleases without previous restraint, and to be protected
against any responsibility for so doing as long as it does not violate the law, or injures someone’s
character, reputation or business. It also includes the right to circulate what is published.
- Ex: Leading cases of Ayer Productions vs. Capulong and Ponce Enrile and McElroy vs. Capulong
- Right of assembly means the right on the part of the citizens to meet peaceably for consultation in respect
to public affairs.
- Right of petition means the right of any person or group of persons to apply, without fear of penalty, to the
appropriate branch or office of the government for redress of grievances.
- The freedom of speech, expression or press is subject to the laws against obscenity, libel or slander, the
laws on sedition as well as the police power.
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.
- The right of a man to worship God, and to entertain such religious views.
- The state may not establish a religion (no state religion) and may not utilize public funds to support a
particular religion.
- Two-fold aspects: (1) freedom to believe and (2) freedom to act on one’s belief.

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- However, the actions of a person in accordance to his religious beliefs (aspect #2) are subject of the
state’s police power.
- One cannot do an act that is contrary to law or morals and justify it as a religious act.
- <No religious test shall be required for the exercise of civil or political rights.= – laws prescribing the
qualification of public officials or employees, whether appointive or elective, or of voters, may not contain
requirements f religious beliefs.
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.
- Liberty of abode (where one likes to reside) and of the right to change the same (to transfer from one place
to another for residence purposes)
- The right to travel (within the country or by going abroad)
- EX. Request or the demand of the Marcoses; when warrant of arrest has been issued.
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.
- The people have the right to know what their government is doing because the government being a public
institution, its acts are public acts.
- The 1987 Philippine Constitution in Art. II Sec. 7, affords to every citizen, subject to limitations as may be
provided by law, access to the following:
✓ official records
✓ documents and papers pertaining to official acts, transactions, or decisions
✓ government research data used as basis for policy development.
- Records involving the security of the State or which are confidential in character should be exempted.
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.
- The right to form associations is the freedom to organize or to be a member of any group or association,
union or society.
- This also includes the right to leave and cancel his membership with said organization or to abstain from
joining one.

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- Subject to the state’s police power if the association or society could be shown to create an imminent
danger to public order, public peace, public morals, or public safety.
- An organization cannot be established for an illegal purpose.
Section 9. Private property shall not be taken for public use without just compensation.
- A restatement of one of the three inherent powers of the State: POWER OF EMINENT DOMAIN
Section 10. No law impairing the obligation of contracts shall be passed.
- Obligation of a contract is the law or duty which binds the parties to perform their agreement according to
its terms or intent, if it is not contrary to law, morals, good customs, public order, or public policy
- Obligations arising from contracts have the force of law between the contracting parties and should be
complied with in good faith.
- This provision guarantees the state’s non-interference between the contractual dealings of private citizens.
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.
- The courts may allow the exemption of indigent litigants from the payment of judicial costs.
- In criminal cases, in case a person cannot afford the services of counsel for his defense, the state must
provide him one.
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.
(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.
- Commonly referred to as the Miranda Doctrine.
- Miranda Doctrine (Miranda vs. Arizona): The accused must be warned prior to any questioning that he has
the right to remain silent, that anything he says can be used against him in a court of law, that he has the
right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him
prior to any questioning if he so desires.
- Rights of person under investigation:
✓ to be informed of his right to remain silent;

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✓ to have competent and independent counsel preferably of his own choice or to be provided with
one;
✓ against the use of torture, force, violence, threat, intimidation, or any other means which vitiates the
free will; and
✓ against being held in secret, solitary, incommunicado, or other similar forms of detention.
- Statements made in response to interrogation by a defendant in police custody will be admissible at trial
only if it can be shown that the defendant was informed of his right to consult with an attorney before and
during questioning and of the right against self-incrimination prior to questioning by police, and that the
defendant not only understood these rights, but voluntarily waived them in writing and in the presence of
counsel.
- The provision extends itself by prohibiting coercion though the use of violence, threat, or intimidation.
- Any evidence obtained from the accused by torture, force, violence, threat, intimidation; or any other
means that vitiate one’s free will shall not be used against him.
- Prohibits secret detention places, solitary, incommunicado or other similar forms of detention and any
confession or admission obtained under such detention shall not be admissible in evidence against the
accused.
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.
- Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman,
to guarantee his appearance before any court as required under the conditions hereinafter specified.
- Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance.
- The purpose of requiring bail is to relieve an accused from imprisonment until his conviction (presumption
of innocence) and yet secure his appearance at the trial.
- Limitations on the right to bail: (who may not invoke the right to bail)
✓ Where the applicant is not yet in custody of the law because he went into hiding or he is a free man
even when he has already been criminally charged in court. The purpose of bail is to secure one’s
release and it would be incongruous to grant bail to one who is free.
✓ The right to bail shall not be available where the penalty is punishable by reclusion perpetua and
where the evidence of guilt is strong
✓ No bail shall be allowed after the judgment has become final, or after the accused has commenced
to serve sentence.

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- Excessive bail is prohibited. What amount is a reasonable bail rests mainly upon the discretion of the
judge. He has to take into account in deciding the matter, among others, the nature of the offense, the
penalty which the law attaches to it, the probability of guilt, and the financial condition of the accused.
-
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.
- Before one is made to answer for a criminal offense, due process must be observed. There must be
hearing and the accused must be given opportunity to defend himself.
- Every person accused of a crime or offense is presumed innocent until the contrary is proved.
- In order to convict the accused in criminal cases, his guilt must be beyond reasonable doubt.
- If the court is not morally certain that the accused committed a crime due to the presence of reasonable
doubt, he should be acquitted due to the constitutional presumption of innocence in his favor.
- An accused has the right to be heard by himself and counsel, this being part of due process but trial may
proceed even in the absence of the accused under the following conditions:
✓ there has been an arraignment
✓ accused has been duly notified of the hearing
✓ failure of the accused to appear is unjustifiable
- Arraignment is made in open court by the judge or clerk, and consists in furnishing the accused a copy of
the complaint or information with the list of witnesses, reading the same in the language or dialect known
to him and asking him whether he pleads guilty or not guilty.
- Importance of right to counsel: Even the most intelligent or educated man may have no skill in the science
of the law, particularly in the rules of procedure and without counsel, he may be convicted not because he
is guilty but because he does not know how to establish his innocence.
- The right of the accused to be informed of the nature and cause of the accusation against him signifies
that an accused should be given the necessary data as to why he is being proceeded against; and that he
should not be left in the unenviable state of speculating why he is made the object of prosecution.
- Speedy trial is one conducted according to fixed rules and proceedings of law, free from vexatious,
capricious and oppressive delay. Trail must be conducted with reasonable promptness consistent with due
course of justice.
- Impartial trial – absence of actual bias in the trial cases.
- Ex. No man can be a judge in his own case and no man is permitted to try cases where he has an interest,
pecuniary or otherwise, in the outcome.

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- The trial must be public to assure the people who would like to observe that justice is given to the accused
who is entitled to a fair hearing.
- A public trial is not of necessity one to which the whole public is admitted, but it is one so far open to all, as
that of the accused’s friends and relatives and others who may be inclined to watch the proceedings in
order to see if justice is intelligently and impartially administered.
- The right of the accused to meet the witnesses against him face to face have two important reasons:
✓ Cross-examination of witnesses by the accused
✓ Assessment by the court of witness’ credibility
- The accused has the right to have compulsory process issued to secure the attendance of witnesses and
the production of evidence in his behalf.
- An accused person is entitled to have subpoenas (order to a person to appear and testify in court) issued
to compel the attendance of witnesses in his favor.
- The compulsory process of subpoena testificandum and subpoena duces tecum available to the accused
to compel witnesses to appear before the court or to order production of records or other evidence which
may be helpful to the accused, is designed to enable the court to hear both sides in the case and thus
enable it to render correct judgment.
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 is a prerogative writ of liberty employed to test the validity of a person’s
detention.
- It is an order issued by a court of competent jurisdiction, directed to the person detaining another,
commanding him to produce the body of the prisoner at a designated time and place, and to show
sufficient cause for holding in custody the individual so detained.
- Purpose: to set the individual at liberty and protects a person from illegal and arbitrary detention.
- Extends 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 prisoner or any person in his behalf petitions the proper court, which immediately issues the writ. It is
sent to the person having another in his custody. Such person is ordered to produce the prisoner in court
at a specified time, together with an explanation of the cause of the detention, called the return. After the
order is obeyed, the judge scrutinizes the return and then decides whether it shows that the imprisonment
is authorized by law. If so, the prisoner is remanded – sent back to custody. If not, he is set free at once by
the judge.
- It cannot be easily taken away from the individual, except in cases of invasion or rebellion, when public
safety requires it.
- The suspension of the privilege of the writ of habeas corpus is done by the President.

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Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.
- <Justice delayed is justice denied=
- Promotes the sound administration of justice in our country.
Section 17. No person shall be compelled to be a witness against himself.
- Also known as the right against self-incrimination.
- The accused cannot be made to build his own prosecution by a testimonial compulsion against him and
obtained from him thru coercive means.
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.
- Ex. During the declaration of martial law on Sept, 21, 1972 under Proclamation No. 1081 of Pres. Marcos,
the military establishment carried out a nationwide arrest and detention ok known political opponents and
critics of the administration.
- A person cannot be made to believe a specific political view or affiliation.
- A person cannot be detained due to a different political perspective.
- Involuntary servitude denotes a condition of enforced, compulsory servitude of one to another. It has been
applied to any service or labor which is not free, no matter under what form such service may have been
rendered. It includes:
✓ Slavery or the state of entire subjection of one person to the will of another; and
✓ Peonage or the voluntary submission of a person to the will of another because of his debt.
- Exceptions to prohibition:
✓ when the involuntary servitude is imposed as a punishment for a crime whereof the party shall
have been duly convicted.
✓ when personal military or civil service is required of citizens for the defense of the State. (Art. II,
Sec. 4)
✓ to injunctions requiring striking laborers to return to work pending settlement of an industrial

dispute;
✓ to exceptional services, such as military and naval enlistment. Thus, a statute punishing sailors
who desert their ship do not contravene the constitutional provision. From immemorial usage,
sailors may not leave their ships during voyage;
✓ to exercise by parents of their authority to require their children to perform reasonable amount of
work; and

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✓ when there is a proper exercise of the police power of the State. Thus, persons may be required to
assist in the protection of the peace and order of the community, or to help build or repair public
highways and streets.
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.
- The Constitution prohibits:
✓ Imposition of excessive fines
✓ Infliction of cruel, degrading or inhuman punishment (like cutting of fingers of a thief or cutting the
penis of a rapist)
✓ Imposition of death penalty except when Congress provides for it for compelling reasons involving
heinous crimes.
- Heinous crimes cover offenses that are exceedingly or flagrantly bad or evil or those committed with
extreme cruelty as to shock the general moral sense, such as treason, parricide, drug-trafficking, murder,
robbery with homicide, rape with homicide, killing a person in stages, etc., especially if the crime is
committed against children or defenseless people.
- Arguments against death penalty:
✓ It is cruel and inhuman for the convict and family who are traumatized by the waiting even if it is
never carried out;
✓ There is no conclusive evidence from penologist that it has a special deterrent effect on criminality;
✓ It deprives the convict of a chance of rehabilitation and reformation, death being irreversible;
✓ There is always a possibility of error in condemning a person to death;
✓ The state has no right to deprive a person of his life; God is the giver of life and only He can take it.
- Arguments in favor of death penalty:
✓ It is not cruel and inhuman because the manner by which it is executed does not involve physical
or mental pain nor unnecessary physical or mental suffering, and it is imposed only for heinous
crimes;
✓ It does discourage others from committing heinous crimes and its abolition will increase the crime
rate;

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✓ A convict by his own acts has forfeited his right to life and shown his moral incapability to be
rehabilitated and reformed;
✓ The State has the absolute right to take the life of a person who has proved himself a great
menace to society by way of self-defense and as an example and warning to others.
- The law may provide for regular inspection of jails or prisons by appropriate authorities with the end in view
of maintaining favorable and humane environment even for criminals.
-
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
- Debt means any liability to pay money arising out of a contract, express or implied.
- Poll tax (or personal, capitation tax, community or residence tax) is a tax of a fixed amount imposed on
individuals residing within a specified territory, whether citizens or not, without regard to their property or
the occupation in which they may be engaged.
- This only applies on a debt contracted in good faith.
- For failure to pay a debt, the debtor unless guilty of estafa (where there is fraud) cannot be send to jail.
- If fraud was employed by the debtor in order to contract the obligation, he may be imprisoned considering
his act was criminal in nature.
- Neither shall he be sent to jail for failure to pay his residence (poll) tax (known as community tax). But
failure to pay one’s community tax may result in valid imposition of fine and/or surcharge.
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.
- A person cannot be punished twice for exactly the same offense.
- The right against double jeopardy means that when a person is charged with an offense and the case is
terminated either by acquittal or conviction or in any other manner without the express consent of the
accused, the latter cannot again be charged with the same or identical offense.
- To entitle a defendant to plead successfully former jeopardy, the offense charged in the two prosecutions
must be the same in law and fact.
- Protects an accused from harassment, enables him to treat what had transpired as a closed chapter in his
life, either to exult in his freedom or to be resigned to whatever penalty is imposed, and is a bar to
unnecessary litigation, in itself time-consuming and expense-producing for the state as well.
- Requisites: (for existence of double jeopardy)
✓ There must be a valid complaint or information,
✓ The said information must be filed before a competent court,

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✓ The said defendant had already maid a plea, and finally
✓ He was acquitted or convicted in the said case
Section 22. No ex post facto law or bill of attainder shall be enacted.
- An ex post facto law is one which, operating retrospectively:

✓ makes an act done before the passage of a law, innocent when done, criminal, and punishes such
act; or
✓ aggravates a crime or makes it greater than when it was committed; or
✓ changes the punishment and inflicts a greater punishment than what the law annexed to the crime,
when committed; or
✓ alters the legal rules of evidence, and receives less testimony than or different testimony from what
the law required at the time of the commission, in order to convict the offender.
- Bill of attainder is a law, which inflicts punishment without the benefit of judicial trial. It is disallowed in our
country considering that it violates the right of a person to due process.
ASSESSMENT:
Ginoong Marikit, a major in the Armed Forces of the Philippines, is facing
prosecution before the Regional Trial Court of Quezon City for the murder of his
neighbor whom he suspected to have molested his (JC’s) 15 year-old daughter.
Is Ginoong Marikit entitled to bail? Why or why not?

Lesson 8: ARTICLE IV: CITIZENSHIP
OBJECTIVES:
• Distinguish Citizenship from Nationality

• Identify who are the citizens of the Philippines
• Enumerate the modes of acquiring citizenship.
- Citizenship is a membership in a political community, which is personal and more or less permanent in
character.
- Citizenship is a term denoting membership of a citizen in a political society, which membership implies,
reciprocally, a duty of allegiance on the part of the member and duty of protection on the part of the state.

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Section 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching
the age of majority; and
(4) Those who are naturalized in accordance with law.
- Citizen refers to a member of a political community having the right to exercise all the political and civil
privileges accorded to members.
- Citizen is a person having the title of citizenship. He is member of a democratic community who enjoys full
civil and political rights, and is accorded protection inside and outside the territory of the State.
- A citizen of a given state or country is one who owes it allegiance and is entitled to its protection, from the
basis of legal and political conception of citizenship.
- General ways of acquiring citizenship:
1. Involuntary method – by birth, because of blood relationship or place of birth.
✓ Under the principle of jus soli or jus loci, where the citizenship is determined by place of birth,
✓ Under the principle of jus sanguinis, where the person acquires the citizenship of his parents. Blood
relationship is the basis for the acquisition of citizenship under this rule.
2. Voluntary method – By naturalization, except in case of collective naturalization of the inhabitants of a

territory which takes place when it is ceded by one state to another as a result of conquest or treaty.
✓ Naturalization, where an alien, through legal processes, adopts the citizenship of a country.
- Paragraph (1) states that natural born and naturalized, are recognized citizens of the Philippines. The
purpose of par. 1 is to protect the status of those who were already citizens at the time the new
Constitution took effect.
- Paragraph (2) states the principle of jus sanguinis. Under par. 2, a child born of a Filipino citizen is a
citizen of the Philippines although illegitimate. If the child is born in a state where the rule of jus soli
obtains, or the child’s father or mother is an alien whose country follows the principle of jus sanguinis, it
would be a case of dual citizenship.
- Paragraph (3). Under the 1935 Constitution, a child born of a Filipino mother, who was married to a
foreigner, is born an alien and remains an alien during his minority until he elects Philippine citizenship.
Prior to such election, he has an inchoate right to Filipino citizenship. If he is born after the ratification of
the 1973 Constitution on January 17, 1973, he is a Filipino citizen from birth. An illegitimate child follows
the citizenship of his legally known parent, the mother.
- Paragraph (4). Those who are not Filipino citizens at birth and who cannot take advantage of the right
given to the children of Filipino mothers, may become citizens by naturalization.
- Naturalization is the act formally adopting a foreigner into the political body of the state and clothing him
with the rights and privileges of citizenship. It implies the renunciation of a former nationality and the fact of
entrance to a similar relation towards a new body politic.

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- Ways of acquiring citizenship by naturalization:
✓ By judgment of the court – The foreigner who wants to become a Filipino citizen must apply for
naturalization with the proper Regional Trial Court. He must have all the qualifications and none of
the disqualifications provided by law, and must comply with all the procedure and conditions
prescribed.
✓ By direct act of Congress – Our lawmaking body simply enacts an act directly conferring citizenship
on a foreigner.
Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in
accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.
- Kinds of citizens under the Constitution:
✓ Natural-born citizens - those who, at the moment of their birth are already citizens of the Philippines
and those who do not have to perform any act to acquire his Philippine Citizenship.
✓ Citizens at the time of the adoption of the new Constitution – those who are considered citizens of
the Philippines under the 1973 Constitution at the time of the adoption of the new Constitution.
✓ Citizens through election – those who were born of Filipino mothers before January 17, 1973 who,
upon reaching the age of majority, elect the Philippine citizenship after the ratification of the 1973
Constitution.
✓ Naturalized citizens – those who were originally citizens of another country, but who, by an
intervening act, have required new citizenship in a different country.
Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
- Citizenship may be lost by:
1. Voluntarily:
✓ By naturalization in a foreign country;
✓ By express renunciation of citizenship;
✓ By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon
attaining twenty-one years of age;
✓ By rendering services to, or accepting commission in, the armed forces of a foreign country;

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2. Involuntarily:
✓ By cancellation of the certificates of naturalization;
✓ By having been declared by competent authority, a deserter of the Philippine armed forces in time
of war, unless subsequently, a plenary pardon or amnesty has been granted; and
✓ In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in force in her
husband’s country, she acquires his nationality.
- Citizenship may be reacquired through:
✓ By naturalization;
✓ By repatriation (taking the necessary oath of allegiance to the Republic of the Philippines and
registering the same in the proper civil registry).
✓ By direct act of Congress.
Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or
omission, they are deemed, under the law, to have renounced it.
- A citizen of the Philippines who marries an alien does not lose his/her Philippine citizenship even if by the
laws of his/her wife’s/husband’s country, he/she acquires his/her nationality.
- The exception is where <by their act or omission they are deemed, under the law, to have renounced their
citizenship,= such as subscribing to an oath of allegiance to support the constitution and the laws of a
foreign country.
- A Filipino woman, who upon marriage to an alien acquires his citizenship, will possess two citizenships –
Philippine citizenship and that of his husband.
Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
- Dual citizenship arises when, as a result of the concurrent application of the different laws of two or more
states, a person is simultaneously a national by the said states; possession of two citizenship by an
individual, that of his original citizenship and that of the country where he became a naturalized citizen.
- Dual allegiance, on the other hand, refers to the situation in which a person simultaneously owes, by some
positive act, loyalty to two or more states; the continued allegiance of naturalized nationals to their mother
country even after they have acquired foreign citizenship.
ASSESSMENT:
Joshua, a natural-born Filipino, took up permanent residence in the United States, and
eventually acquired American citizenship. He then married Julia, an American, and sired three
children. In August 2009, Joshua decided to visit the Philippines with his wife and children: Bea, 23
years of age; Joshua Jr., 20; and Kim, 17.Downloaded by Kim (kimchimeron@gmail.com)
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Lesson 9: ARTICLE V: SUFFRAGE
OBJECTIVES:
• Explain the nature and scope of suffrage

• Enumerate the qualifications of voters
• Identify the importance of participating in the electoral process.
- Suffrage is the right and obligation of citizens to vote.
- The Philippines is a democratic and republican state. This form of government derives its powers from the
people.
- The people choose who their leaders are through the electoral process. Actual sovereignty is with them
and exercised when they vote.
- The Constitution finds it important to create a specific commission, which is the Commission on Elections,
tasked solely on guaranteeing that our country’s election laws are faithfully executed.
- Scope of suffrage:
✓ Election – refers to the means by which the people choose their officials for definite periods, and to
whom they entrust for the time being as their representatives, the exercise of the power of
government.
✓ Plebiscite – refers to the submission of constitutional amendments or important legislative

measures to the people for ratification.
✓ Referendum – the power of the electorate to approve or reject legislation through an election called
for the purpose.
✓ Initiative – the power of the people to propose amendments to the Constitution or to propose and
enact legislations through an election called for the purpose; the process whereby the people
directly propose and enact laws.
✓ Recall – pertains to the process of removing local government officials through an election called
for the purpose.
Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who
are at least eighteen years of age, and who shall have resided in the Philippines for at least one year, and in
the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy,
property, or other substantive requirement shall be imposed on the exercise of suffrage.

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- Qualification of voters:
✓ a citizen of the Philippines (male or female);
✓ not otherwise disqualified by law;
✓ at least 18 years of age; and
✓ shall have resided in the Philippines for at least one year and in the place wherein they propose to
vote for at least six months immediately preceding the election.
- Those who cannot vote:
✓ Any person who has been sentenced by final judgment to suffer imprisonment for not less than one
year, such disability not having been removed by plenary pardon or granted amnesty; provided,
however, that any person disqualified to vote under this paragraph shall automatically reacquire the
right to vote upon expiration of five years after service of sentence.
✓ Any person who has been adjudged by final judgment by competent court or tribunal of having
committed any crime involving disloyalty to the duly constituted government such as rebellion,
sedition, violation of the anti-subversion and firearms laws, or any crime against national security,
unless restored to his full civil and political rights in accordance with law; provided, that he shall
regain his right to vote automatically upon expiration of five years after service of sentence.
✓ Insane or incompetent persons as declared by competent authority.
- A Filipino does not cease to be a Filipino because he is illiterate.
- Congress cannot impose property requirement for the exercise of suffrage: property ownership not a test
of an individual’s capacity; property requirement inconsistent with concept of republican government;
property requirement inconsistent with social justice principle.
- Other substantive requirements prohibited such as: education, sex and taxpaying ability.
Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a
system for absentee voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the
Commission on Elections may promulgate to protect the secrecy of the ballot.
- It is essential to insure that the voters shall exercise their right to vote freely, uninfluenced by threats,
intimidation or corrupt motives and to secure a fair and honest count of the ballots.
- Absentee Voting – its aim is to allow every Filipino, wherever he may be in the world, to participate in our
country’s electoral process. This affirms his political right and thus provides an opportunity to fulfill his
obligation as a citizen of the Philippines provided they possess all the qualifications mentioned therein and
none of the disqualifications provided by law.
ASSESSMENT:
Interview at least 3 people and ask them the following:
1. What are your observations on the Philippine Electoral Process?

2. What are its strengths and weaknesses?
3. What are your suggestions to improve our electoral process?
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Lesson 10: ARTICLE VI: LEGISLATIVE DEPARTMENT
OBJECTIVES:
• Identify the composition of the Congress

• Enumerate the qualifications of the members of the Congress
• Identify and explain the powers of the Congress
• Describe the law-making powers
•
- Legislative Department is more popularly known as the Congress.
- Granted by our Constitution the exercise of the legislative power which is the authority, under the
Constitution, to make laws, and to alter and repeal them.
- The law-making authority of the Government of the Philippines is vested in the Congress.
- Law refers to the rules and regulations enacted by the legislature to guide our actions in society, to govern
our relations with our fellow Filipinos and our relation with our government.

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BICAMERAL CONGRESS
- The Congress of the Philippines under the Constitution is a bicameral congress, consisting of two-house
legislature – the Senate and House of Representatives.
- Advantage: two houses would produce a healthy check upon each other. The House of Representatives
was expected to reflect the popular will of the average citizen, whereas the Senate was to provide for
stability, continuity, and in-depth deliberation.
- Disadvantage: Lack of fast action in legislation because in enacting important measure it still needs to
pass the two chambers and if there are disagreements as to the contents of ach, it must undergo again
another forum – the conference committee.
NATURE OF THE LEGISLATIVE POWER OF THE CONGRESS
- The legislative power granted to the Congress is classified into constituent, which is the power to amend
and revise the Constitution, and ordinary, which is the power to pass ordinary laws.
- The 1987 Constitution grant of legislative power to Congress is not exclusive by virtue of the provision on
initiative and referendum whereby the people can directly propose or reject any act or law or part thereof
passed by the Congress.
COMPOSITION OF THE CONGRESS OF THE PHILIPPINES
- Bicameral Congress consisting of two bodies / houses, the Senate (Upper House) and the House of
Representatives (Lower House).
- Members of the Senate are called Senators; members of the House of Representatives are called
Representatives (Congressmen).
1. Senate of the Philippines
▪ Upper Chamber of the Congress
▪ Second level to that of the President and the Vice President
▪ Often looked upon as a training ground for the Presidency
A. Composition
▪ Consists of 24 members elected at large (national elected officials) by qualified voters
B. Qualifications
▪ Natural-born citizen of the Philippines

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- citizen of the Philippines from birth without having to perform any act to acquire or
perfect their Philippine citizenship.
- naturalized citizens are not qualified to serve as members in the Senate.
▪ At least 35 years of age
• must be possessed on the day of election, during the casting of votes and not after
or much so on the day of proclamation.
▪ Able to read and write
• no requirement as to educational attainment, as long as the candidate can read and

write.
▪ A registered voter
• registered voter or qualified voter, one having the constitutional qualifications for the
privilege, who is duly registered pursuant to law, and has the present right to vote at
the election being held
▪ A resident of the Philippines for not less than 2 years
• residence for election purposes is used synonymously with domicile. It is defined as

the permanent home, the place to which, whenever absent for business or
pleasure, one intends to return
C. Term of Office
▪ Term of office of senators is 6 years which shall begin unless otherwise provided by law at
noon on the 30th day of June after their election.
▪ Term of office refers to the period fixed by law / constitution during which a member of
Congress or an elective official will hold office. Tenure of office which speaks of the actual
number of years during which the official holds the office.
▪ No senator can serve for more than 2 consecutive terms (more than 12 successive years).
The purpose is to give opportunity to others who are competent and deserving to be elected
senator.
▪ But there is no limit as to the number of years a person can serve as senator. Although he
had already served for 2 continuous terms, he can still run again to the same office
provided there is an interval.
▪ Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
2. House of Representatives
▪ Consists of men and women who are the elected representatives of the Filipino people.
They represent our needs and aspirations and carry out our desires on matters of national
concern.
A. Composition

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▪ Composed of not more than 250 members unless otherwise fixed by law.
▪ 2 kinds of members:
• District Representatives are those elected from legislative districts apportioned

among the provinces, cities, and the Metropolitan Manila area. They constitute the
majority (80%) of members of the House of Representatives.
• Party-list Representatives are those elected through the party-system of registered

national, regional, and sectoral parties or organization. They constitute 20% of the
total number of representatives.
B. Qualifications
▪ District Representatives
• Natural-born citizen of the Philippines
• At least 25 years of age
• Able to read and write
• A registered voter in the district in which he shall be elected (to prevent the
possibility of a stranger or newcomer unacquainted with the conditions and needs of
a community and not identified with the latter, from an elective office to serve that
community).
• A resident of the district in which he shall be elected for not less than one year
▪ Party-list Representatives
• Same as that of the district representatives except a registered voter and resident of
the district. The place of registration to vote and residence can be anywhere in the
Philippines. This is because a party-list does not represent a district in the House of
Representatives.
C. Term of Office
▪ The term of office of a congressman is 3 years and shall commence at noon on the 30 th day
of June unless otherwise fixed by law next following their election.
▪ They can only be elected for 3 consecutive years of a continuous service of 9 years.
▪ There is no limit as to the number of years a person can hold office as congressman.
▪ They can still be elected for the same office, provided there is an interruption after serving
for 3 consecutive terms.

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D. Apportionment of Legislative District
▪ Apportionment of legislative districts is dividing provinces, cities and the Metropolitan Manila
into legislative districts. One District Representative represents this district in the House of
Representatives.
▪ Congress is empowered under the Constitution to make reapportionment of districts or to

increase the number of districts through general apportionment laws provided the following
rules laid down under the Constitution is observed:
1. Legislative districts shall be apportioned among the provinces, cities and the
Metropolitan Manila area in accordance with the number of their respective
inhabitants, on the basis of uniform and progressive ratio.
Uniform ratio – each district must be equal in population, or as equal as

possible.
Progressive ratio – the increase in population in relation to the size of the

House of Representatives must be considered.
2. Each city with the population of not less than 250,000 shall be entitled to at least
one representative and each province, irrespective of population is entitled to one
representative.
3. Each legislative district shall comprise, a far as practicable, contiguous, compact,

and adjacent territory. This is intended to prevent gerrymandering, which means the
drawing of legislative district out of separate territories for the purpose of obtaining
partisan advantage.
Gerrymandering came from the name of Governor Elbridge Gerry of

Massachusetts and the salamander shaped district that was created to favor his
party in the election.
Within three years following the return of every census, the Congress
shall make a reapportionment of legislative district based on the standards
provided above.
E. Party-List System
▪ Party list is a mechanism of proportional representation in the election of representatives to

the House of Representatives in the election of sectoral parties or organizations or
coalitions thereof registered with the Commission on Election.
▪ It is a social justice tool designed not only to give more laws to the great masses of our
people who have less in life, but also to enable them to become veritable lawmakers
themselves, empowered to participate directly in the enactment of laws designed to benefit
them.
▪ Intended to enable Filipino citizens belonging to marginalized and underrepresented

sectors, organizations and parties, and who lack well defined political constituencies but

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who could contribute to the formulation and enactment of appropriate legislation that will
benefit the nation as a whole, to become members of the House of Representatives.
CONGRESSIONAL ELECTION
1. Regular Election – regular election of both the members of the Senate and House of Representatives and
shall be held on the second Monday of May.
2. Special Election – election called for to fill a vacant position in the two chambers of Congress in a manner
provided by law. In case a Senator or a Congressman is elected in a special election to fill a vacant seat, it
shall only serve for the unexpired term.
SALARIES AND PRIVILEGES
1. Salaries
✓ The Constitution fixed initially the annual salary of senators and congressmen to 204,000 pesos
subject to change by law.
✓ When the members of Congress passed and approved an increased in their compensation, it shall
take effect only after the expiration of the full term of all the members of the Senate and the House
of Representatives approving such increase.
✓ The purpose of this restriction is to provide a legal bar to the legislators yielding to the natural
temptation to increase their salaries.
2. Privileges
✓ Members of the Congress are accorded under the Constitution of two parliamentary immunities of
privileges.
✓ Its purpose is to enable and encourage a representative of the public to discharge his public trust
with firmness and success.
a. Privilege from Arrest
• Applies while Congress is in session in all offenses punishable by not more than six
years imprisonment.
• Its purpose is to ensure that they are not prevented from performing their legislative
duties.
b. Privilege of Speech and Debate
• Applies for any speech or debate in Congress or in any of its committee.

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• Members of Congress cannot be sued or prosecuted for anything they say or write
in connection with their legislative duties.
• Guarantees legislators complete freedom of expression without fear of being made

responsible in criminal or civil actions before the courts or any other forum outside of
the Congressional Hall.
PROHIBITIONS
- Members of the Congress is prohibited from holding any other office or employment in the government, or
any subdivision, agency, or instrumentality thereof, including government owned and controlled
corporations or their subsidiaries, during his term without forfeiting his seat in, or what is known as
incompatible office.
- He may hold office provided he forfeits his seat automatically in Congress.
- Not all positions in the government are considered incompatible office as there are some positions
specifically provided under the constitution which a senator or congressman can hold concurrently without
forfeiting his seat.
- Members of Congress is also not allowed from being appointed to any office, which may have been
created, or the emoluments thereof increased during the term for which he was elected, or blown as the
forbidden office.
- Members of the Congress are not allowed from personally appearing as counsel before any court of justice
or before the electoral tribunals, or quasi-judicial and other administrative bodies.
- They are also prohibited from being financially interested, directly or indirectly in any contract with, or in
any franchise or special privilege granted by the Government, or any subdivision, agency, or
instrumentality thereof, including any government-owned and controlled corporation, or its subsidiary
during their term of office.
- They are restricted from intervening in any matter before any office of the Government for their pecuniary
benefit or where they may be called upon to act on account of their office.
- These are all intended to prevent members of the Congress from taking advantage, pecuniary or
otherwise, of their position in their dealings with the courts, or in their business operations, or in their
dealing with any government agency or corporation.
ORGANIZATION OF THE CONGRESS
1. Officers of the Congress
a. Leadership in the Senate
▪ The officers of the Senate:
✓ Senate President
o The presiding officer of the Senate

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o Elected by majority votes of all its members.
o Holds office at the pleasure of his members and may be replaced at nay time
o The third highest official of the government.
✓ President pro tempore
o From the majority party
o Honorific position which presides when the Senate President is absent.
✓ Majority Floor Leader
o Elected by the party caucuses of ruling majority party in the Senate
o Acts as the leader and spokesperson of the majority party
o He schedule the business of the Senate, generally in consultation with the

Senate Minority Leader
o Controls the conduct of debates in the Senate floor and usually has a great
influence on committee assignments of members of the Senate
✓ Minority Floor Leader
o Elected in party caucus of Senators belonging to the minority party
o Leader and official spokesperson of the minority party
b. Leadership in the House of Representatives
▪ Leadership (officers) has the same set up as that of the Senate except for the title of the
positions
• Speaker of the House
o Presides over the House
o Elected by majority votes of all the members of the House, but in practice is
chosen by the majority party.
o Decides on all questions of order, refers bills introduced in the House to the
proper standing committees
o Signs all acts, resolutions, orders issued by or upon order of the House
o Appoints members of joint committees and conference committees

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o Exercise administrative functions over house personnel.
o Holds office at the pleasure of the members of the House and likewise may
be replaced any time.
• Deputy Speakers
o For Luzon, Visayas, Mindanao
o Assume the duties and powers of the Speaker when he is absent
o Elected by a majority vote of all the members.
• Majority Floor Leader
o Selected by the majority ruling party and acts as their spokesperson.
o Acts as the Chairman of the House Rules Committee, as such, he is

responsible in all matters relevant to the rules of the house, calendar of bills,
floor deliberations, order of business.
• Minority Floor Leader
o Usually a losing candidate for speaker.
o Spokesperson of the minority party
o Ex-officio member of all the standing committees of the House

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2. Congressional Committees
▪ Also known as legislative committees
▪ Perform the actual work of legislation in both Houses of Congress.
▪ 3 Types of committees in Congress:
• Standing Committee
o Permanently established legislative committees that review proposed

legislation
o Proposed legislation by reporting a bill out to the full House or Senate
o Each standing committee is given a specific area of concern
• Select Committee
o Created for a specific purpose and usually for a limited period only
• Joint Committee
o Created by both Houses of Congress with members coming from both.

3. Session
▪ The House of Representatives holds its session in Batasang Pambansa Complex while the
Senate in GSIS Complex.
▪ 2 kinds of session:
• Regular session
o Convened once every year starting on the Fourth Monday of July, unless a
different date is fixed by law.
o May continue for such number of days or may last as long as Congress
wishes until thirty (30) days before the opening of its next regular session.
• Special session
o Called by the President while the Congress is in recess
o Generally to consider a legislation he may designate in his call

4. Quorum

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▪ The number of members of the body which, when legally assembled in their proper places,
will enable the body to transact its proper business, or in other words, that number that
makes a lawful body and gives it power to pass a law.
▪ In case of a smaller number, it may adjourn from day to day and may compel the
attendance of absent members in such manner, and under such penalties, as such House
may provide.
▪ The congress cannot compel the attendance of absent members to attend sessions if the
reason for the absence is a legitimate one.
5. Rules of Procedure
▪ Rules made by any legislative body as to the mode and manner of conducting the business
of the body.
▪ The purpose of these rules of procedure is to have order in the conduct of the business of
the Congress especially on its principal task of lawmaking.
6. Journal and Record of Proceedings
▪ The Constitution requires the two Houses of the Congress to keep a journal of their
proceedings and requires certain matters to be entered in them.
▪ Journal is a record of what is done and passed in a legislative assembly. It is a day-to-day

record of the proceedings of Congress.
▪ Two-fold purpose of Journal:
• To ensure publicity to the proceedings
• To provide proof of what actually transpired in Congress.
▪ The following are the matters required to be entered in the Journal:
• Yeas and Nays on any question shall, at the request of one-fifth of the members
present;
• Yeas and Nays on the third and final reading of a bill;
• Yeas and Nays on the re-passing of a bill vetoed by the President;
• Veto Message of the President;
7. Discipline of Members

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▪ The two chambers of the Congress are vested exclusively the power to discipline their
members for disorderly behavior.
▪ The determination of what constitute disorderly behavior is within the exclusive discretion of
the Congress to determine.
▪ Punishment of members for disorderly behavior includes:
• Suspension
o Should not exceed 60 days. A member may not be suspended for a longer
period of time.
o The reason is that by a suspension the district will be deprived of its right to
have and active representative in the legislative department and at the same
time is not empowered to select a new member.
o Suspension can only be imposed with the concurrence of two-thirds of all its
members.
• Expulsion
o Can only be imposed with the concurrence of two-thirds of all the members
of the Congress.
AGENCIES IN THE CONGRESS
1. Electoral Tribunal
✓ Created by the Constitution as special tribunals to be the sole judge of all contests relating to
election, returns and qualifications of the members of the legislative houses and, as such, are
independent of congress.
✓ The purpose of its creation was to provide an independent arid impartial tribunal for the
determination of contests to legislative office, devoid of partisan considerations, and to transfer to
that tribunal all the powers previously exercised by the legislature in matters pertaining to contested
elections of its members.
✓ Shall be constituted within 30 days after the Senate and the House of Representative shall have
been organized with the election of the President and Speaker.
A. Composition of the Electoral Tribunal
✓ Each electoral tribunal shall be composed of 9 members:

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▪ House of Representatives Electoral Tribunal (HRET)
• 3 justices of the Supreme Court and 6 members of the Senate
▪ Senate Electoral Tribunal (SET)
• 3 justices designated by the Chief Justice and 6 members of the House of

Representatives
✓ The most senior Justice in each electoral tribunal shall be its chairman.
2. Commission on Appointments
✓ Created by the Constitution as an independent commission in Congress
✓ Shall be constituted within 30 days after the Senate and the House of Representative shall have
been organized with the election of the President and Speaker.
A. Composition
✓ Composed of 25 members, the Senate President as ex-officio chairman, 12 Senators and 12

members of the House of Representatives.
B. Functions
✓ A check on the appointing power of the President by approving and disapproving appointments to
important offices in the government submitted to it by the President.
✓ Shall act on all appointment within 30 days from their submission.

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POWERS OF THE CONGRESS
Classifications of the Powers of Congress
a. Enumerated Powers
✓ Those specifically or expressly conferred to the Congress by the Constitution.
b. Implied Powers
✓ Other powers as are necessarily implied from the given powers.
c. Inherent powers
✓ Those that are neither granted nor implied therefrom, but rather they refer to those that grow out
from the very existence of Congress. Sometimes referred to s incidental powers
GENERAL LEGISLATIVE POWERS
- Legislative powers refers to lawmaking powers
- Authority of the Congress to enact laws and the right to amend and repeal them
- Laws passed by the Congress are called statues or Republic Acts.
A. Limitations
1. Substantive limitations – content or subject matter of the law passed by the Congress
a. Express limitations
▪ Expressly provided under the Constitution
b. Implied limitations
▪ Can be implied from the nature and character of legislative power under our system of
government
2. Procedural limitations – refers to the process or manner of passing law.
a. Every bill passed by the Congress shall embrace only one subject and shall be expressed in the
title
b. No bill passed by either House shall become a law unless it has passed three readings on separate
days

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B. Lawmaking Process
1. Origin of Bills
▪ A bill is a draft of a proposed statute or law submitted to the legislature for enactment.
▪ A bill is introduced by a member of the House of Representatives or Senate
▪ The President and other interest groups also initiate preparation of bills to be endorsed by a
member of Congress.
2. Parts of a Bill
a. Title – indicates the subject matter of a bill
b. Preamble – introductory statement in the bill stating the rationale or reasons for the enactment, or
the intention of the lawmaker
c. Enacting clause – indentifies the authority that promulgated the bill
d. Body – the part containing the subject of the law
e. Effectivity clause – part of the law, which provides the date when the bill shall take effect.
3. Procedure in the Approval of a Bill
a. First Reading
▪ Only the number and the title of the bill is read and the Speaker refers it to the proper
committee for consideration
▪ The Committee may decide to kill the bill by taking no action on it or it may consider the bill
and conduct a thorough study by conducting public hearings on the propose measure.
▪ The committee will later submit a report, recommending the approval or disapproval of the
bill.
▪ Once the Committee approves the bill, it will be reported to the Rules Committee to be
entered into the house calendar for second reading by the Full House.
b. Second Reading
▪ The entire bill is read before the chamber and it is at this stage that the bill is debated and
amended.
▪ The Rules Committee plays an important role at this stage, it sets the time limit for floor
debate, provide for the manner on how the bill will be amended, and when the bill will be
voted on.

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▪ After the bill has been approved, it is printed in its final form and copies distributed to
members at least 3 days before the third and last reading.
c. Third Reading
▪ Only the title of the bill is read
▪ No amendment is allowed at this stage
▪ The bill is voted upon for approval
▪ If approved, the bill is transmitted to the other House where it will undergo the same three
readings.
▪ If it will likewise be approved, it shall be transmitted to the President for his approval.
Bicameral Conference Committee
- A bill must be passed in identical form by both the House and Senate.
- If there are differences in the version approved by both houses, the bill is then referred to the Bicameral
Conference Committee to resolve the differences.
- Consist of members from both houses
When a bill becomes a law:
- There are three ways in which a bill becomes a law:
a. When the President approves and signs it after the Congress has presented the bill to him;
b. When the President does not act upon the bill within 30 days after it has been presented to him. It shall
become a law as if he had signed it; and
c. When the bill is vetoed by the President and sent back to the House where it originated which shall
enter the objections at large in the Journal, the bill becomes a law when the Congress by a vote of two-
thirds of its members agree to override the veto.
Presidential Veto
- A veto is the power of the President to reject a bill passed by the Congress
- The President must veto the entire bill
POWER OF LEGISLATIVE INVESTIGATION

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- The two Houses of the Congress and their respective committees are authorized under the Constitution to
conduct investigations or inquiry in aid of legislation or to aid the Congress in its legislative work.
- The Congress conducts investigation to determine if legislation is needed, to gather facts relevant to
legislation, to assess the efficiency of executive agencies, to build public support, to expose corruption,
and to enhance the image and reputation of its members.
1. Power of Legislative Oversight
▪ Part of the power to conduct investigation in aid of legislation is the oversight function of
Congress.
▪ Oversight refers to the responsibility to question executive branch officials to see whether
their agencies are complying with the wishes of the Congress and conducting their
programs efficiently.
2. Limitations on the Power of Investigation
a. Must be in aid of legislation;
b. Must be in accordance with its duly published rules and procedure; and
c. The rights of persons appearing in or affected by such inquiries shall be respected.
3. Power to Punish Witness for Contempt
✓ The Congress may punish witness for contumacy or disobedience
POWER OF APPROPRIATION
- The Constitution provides that No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.
- The power to appropriate government funds for the operation of our government is granted to Congress.
- Sometimes referred to as the power of the purse
1. Classification of Appropriation Law
a. General Appropriations Law – government’s annual budget
b. Special Appropriations Law – designed for a specific purpose
2. Limitations on Appropriations Measure
a. Public funds may be used only for a public purpose, therefore appropriations must be devoted to a
public purpose.
b. The amount appropriate must be certain

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3. Constitutional Guidelines on Appropriations
a. Guidelines on General Appropriation
1. The Congress may not increase the appropriations recommended by the President for the
operation of the Government as specified in the budget.
2. The form, content, and manner of preparation of the budget shall be prescribed by law.
3. No provision or enactment shall be embraced in the general appropriations bill unless it relates
specifically to some particular appropriation therein.
4. The procedure in approving appropriations for the Congress shall strictly follow the procedure
for approving appropriations for the other department or agencies.
5. No law shall be passed authorizing any transfer for appropriations
6. No public money or property shall be appropriated, applied, paid, or employed, directly or

indirectly
b. Guidelines on Special Appropriation
1. The purpose for which it is intended
2. Shall be supported by funds actually available as certified by the National Treasurer, or to be

raised by a corresponding revenue proposed therein
4. Discretionary Fund
▪ Appropriated for particular officials shall be disbursed only for public purposes to be
supported by appropriate vouchers and subject to such guidelines as may be prescribed by
law.
5. Automatic Reappropriations
▪ If, by the end of any fiscal year, the Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the general appropriations law for the
preceding fiscal year shall be deemed reenacted and shall remain in force and effect until
the general appropriations bill is passed by the Congress.
POWER OF TAXATION
- The power of taxation is the power to impose taxes
- Taxes are what we pay for civilized society
- The revenue raised in taxation is used to maintain the operation of our government.
1. Rule of Taxation
✓ The rule of taxation shall be uniform and equitable.

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✓ A tax is considered uniform when it operates with the same force and effect in every place where
the subject may be found.
2. Tax Exemptions and Institutions Exempt from Taxation
✓ Charitable institutions, churches and parsonages or covenants appurtenant thereto, mosques, non-
profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively
used for religious, charitable, or educational purposes.
✓ All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and
exclusively for educational purposes.
NON-LEGISLATIVE POWERS
- The Congress is also vested under the Constitution such other powers, non-legislative in nature
ASSESSMENT:

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Lesson 11: ARTICLE VII: EXECUTIVE DEPARTMENT
OBJECTIVES:
• Identify the powers, roles and qualifications of the President

•
- The executive power shall be vested in the President of the Philippines.
- The President of the Philippines is the Executive of the Government of the Philippines.
- Executive power is the power to enforce and execute the laws faithfully.
- The President of the Philippines being the Chief Executive of the government also plays the role of Chief
of State, Chief Diplomat and Commander-in-Chief of the Armed Forces.
✓ Chief Executive of the Government – head of the executive department of the government
✓ Chief of State – stands as the head of our government and as such, represents the nation
✓ Chief Diplomat – has the authority to receive ambassadors and the power to initiate diplomatic
relations with other nations, as well as to appoint diplomatic representatives of the country abroad.
✓ Commander-in-Chief of the Armed Forces – commands the nation’s Military.
THE PRESIDENT OF THE PHILIPPINES
1. Qualifications for Presidency
a. Natural-born citizen of the Philippines

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b. A registered voter
c. Able to read and write
d. At least forty (40) years of age
e. Resident of the Philippines for at least ten (10) years
2. Election and Term of Office
▪ The President is elected by direct vote of the people
▪ The term of office of the President is six (6) years, which shall begin at noon on the 30 th day
of June following the day of the election. It shall end at noon of the same day and month six
(6) years after.
▪ Not eligible for any reelection (in presidency). This is to enable the President to devote his
full time to the interest of the whole people and to give opportunities to others who are
qualified to run for presidency.
▪ No person who has succeeded as President and has served as such for more than four (4)
years shall be qualified for election to the same office at any time.
▪ Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of the service of the full term for which he was elected.
3. Congress as Board of Canvasser
▪ In the election of the President, it is the Congress in joint session that will act as Board of
Canvasser.
▪ The returns of every election for President, duly certified by the board of canvasses of each
province or city, shall be transmitted to the Congress, directed to the President of the
Senate.
▪ Upon receipt of the certificates of canvass, the President of the Senate shall, not later than
thirty (30) days after the day of the election, open all certificates in the presence of the
Senate and House of Representatives in joint public session.
▪ After the certificates of canvass have been opened, the counting and the canvassing of the
votes for the President shall not immediately be made.
▪ First, there should be a determination of the authenticity and due execution of the
certificates of canvass.
▪ Congress, upon determination of the authenticity and due execution thereof in the manner
provided by law, canvasses the votes in the canvassing of votes, and the person receiving
the highest number of votes shall be proclaimed elected President.

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▪ In case two or more candidates have equal and highest number of votes, which can rarely
happen considering that the President is elected at large by all qualified voters, one of them
shall be chosen by a vote of a majority of all the members of the Congress, voting
separately.
▪ Congress is required by the Constitution to promulgate its rules for the canvassing of the
certificates.
4. Presidential Electoral Tribunal
▪ The Supreme Court, sitting en banc, is given the power to act as electoral tribunal and the
sole judge of all contests relating to the election, returns, and qualifications of the President,
and may promulgate its rules for the purpose.
5. Oath of Office
<I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my duties as President [or
Vice-President or Acting President] of the Philippines, preserve and defend its Constitution, execute its
laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God.= [In
case of affirmation, last sentence will be omitted].
6. Privileges
▪ Official Residence
• The President shall have an official residence.
• He is the only official of the government provided with a residence maintained by

public funds.
• The Malacañang Palace is the official residence of the President.
• The palace is often referred to as the seat of the Philippine Presidency.
▪ Salary
• The salary of the President shall be determined by law and shall not be decreased
during his tenure.
• The Constitution initially fixed the salary of the President to Php300,000.
• May be increased by law but no increase in said compensation shall take effect until
after the expiration of the term of the incumbent during which such increase was
approved.

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▪ Immunity from Suit
• Immunity from suit, both civil and criminal.
• To assure the exercise of Presidential duties and functions free from any hindrance
or distraction, considering that being a Chief Executive of the Government is a job
that, aside from requiring all of the office-holder’s time, also demands undivided
attention
7. Prohibitions
▪ Receiving any other emolument from the Government or any other source.
▪ Holding any other office of employment unless otherwise provided in this Constitution.
▪ Directly or indirectly, practicing any other profession, participating in any business, or being
financially interested in any contract with, or in any franchise, or special privilege granted by
the Government or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries.
▪ Strictly avoiding conflict of interest in the conduct of his office.
▪ Appointing spouse and relatives by consanguinity or affinity within the fourth civil degree as
members of the Constitutional Commissions, of the Office of the Ombudsman, or as
Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including
government-owned and controlled corporations and their subsidiaries.
THE VICE PRESIDENT
- Succeed as President as provided in the order of Presidential Succession
- Part of the Executive Department
- It is usually the President who determines the role played by the Vice President
- The Constitution allows the Vice President to be appointed as member of the Cabinet with the privilege of
not being subject to confirmation by the Commission on Appointments (the Vice President is usually
appointed as a Cabinet Secretary)
Qualifications, Election, and Term of Office

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- The Vice President has the same qualification and is elected in the same manner as the President
- The VP has a term of six (6) years and commenced on the same day as the President
- The VP is entitled to one immediate re-election.
RULES ON PRESIDENTIAL SUCCESSION
1. Vacancy in the Office of the President at the beginning of his term (or before inauguration)
a. If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-
elect shall have qualified.
b. If a President shall not have been chosen, the Vice President elect shall act as President until a
President shall have been chosen and qualified.
c. If at the beginning of the term of the President, the President-elect shall have died or have become
permanently disabled, the Vice President elect shall become President.
d. Where no President and Vice President shall have been chosen or shall have qualified, or where both
shall have died or become permanently disabled, the President of the Senate or, in case of his
inability, the Speaker of the House of Representatives shall act as President until a President or a Vice
President shall have been chosen and qualified.
The Congress shall provide for the manner in which one who is to act as President shall be
selected until a President or Vice President shall have qualified, in case of death, permanent
disability, or inability of Senate President and Speaker of the House.
2. Vacancy in the Office of the President during his term
✓ When the office of the President becomes vacant as a result of death, permanent disability,
removal from office (only through impeachment), or resignation, the Vice President will become
President to serve for the unexpired term.
✓ In case of death, permanent disability, removal from office, or resignation of the President as well
as the Vice President, the Senate President or, in case of inability, the Speaker of the House shall
act as President until a President or a Vice President shall have been elected or qualified.
✓ The Congress shall, by law, provide who shall serve as President in case of death, permanent
disability, or resignation of the Acting President. He shall serve until the President or the Vice
President shall have been elected or qualified.
3. Vacancy in the Office of the Vice President
✓ When a vacancy occurs in the Office of the Vice President at the beginning of his term, as in cases
where the Vice President shall not have been chosen, shall not have been qualified, died or shall

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become permanently incapacitated, it is the Senate President or, in case of his inability the
Speaker shall act until the Vice President shall been chosen and qualified.
✓ Where the vacancy occurs during the term for which the Vice President was elected, the President
shall nominate a Vice President to serve for the unexpired term from among the members of the
Senate or House of Representatives. The nominee shall assume office upon confirmation of a
majority vote of all the members of both Houses of the Congress, voting separately.
4. When the Vice President shall become President
✓ The following are the instances when the Vice President shall become the President
• At the beginning of the term, the President elect shall have died or become
permanently disabled.
• In case of death, permanent disability, removal from office and resignation of the
President during his term.
SPECIAL ELECTION (SNAP) FOR THE OFFICE OF THE PRESIDENT
- The Constitution empowers the Congress to call special election in case of vacancy in the office of the
President and Vice President.
- In case of vacancy in the office, at ten o’clock in the morning on the third day following the vacancy, the
Congress shall convene this, notwithstanding the need of a call.
- After convening, within a period of seven (7) days shall enact a law calling for a special election for the
election of President or a Vice President.
- Such election must be held not earlier then 45 days nor later then 60 days counted from the time of such
call.
- No special election shall be called if the vacancy occurs within eighteen (18) months before the date of the
next presidential election. This is intended in the interest of the economy, because the election for
President or Vice President is nationwide, the government will be spending too much in the election.
DECLARATION ON THE INABILITY OF THE PRESIDENT TO DISCHARGE THE OFFICE
- In case of the President’s inability to discharge the powers and the duties of his office.
- The President must transmit a written declaration to this effect to the President of the Senate and the
Speaker of the House of Representatives.
- After which, the Vice President shall discharge the powers and duties as Acting-President.
- The inability to discharge the function of the office by the President can also be made manifest by
members of the Cabinet.

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- Whenever a majority of all the members of the Cabinet transmits to the Senate President and Speaker
their written declaration that the President is unable to discharge the powers and duties of the office, the
Vice President shall assume the functions of the office.
- When the President transmits to the President of the Senate and to the Speaker of the House of
Representatives his written declaration that no inability exists, he shall reassume the powers and duties of
the office.
- Should a majority of all the members of the Cabinet transmit within five (5) days to the President of the
Senate and to the Speaker of the House of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the President contending that he is capable and
the majority of the members of the Cabinet saying he is incapable.
- Congress shall decide these conflicting contentions, convening within 48 hours for that purpose if not in
session.
- If the Congress, within ten (10) days after receipt of the last written declaration, or, if not in session, within
twelve (12) days after it is required to assemble, determines by two-thirds vote of both Houses, voting
separately, that the President is unable to discharge the powers and duties of his office, the Vice President
shall act as the President; otherwise, the President shall continue exercising the powers and duties of his
office.
STATE OF HEALTH OF THE PRESIDENT
- In case of serious illness of the President, the public shall be informed of the state of his health.
- The members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of
the Armed Forces of the Philippines shall not be denied access to the President during such illness.
POWERS OF THE PRESIDENT
Classifications of the Powers of the President
a. Constitutional Powers
✓ Powers enumerated under the Constitution.
b. Statutory Powers
✓ Powers granted to him by law or statutes established by the Congress.
c. Express Powers
✓ Power expressly provided under the Constitution and statutes.
d. Inherent Powers

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✓ Powers defined through practice rather than through constitutional or statutory law
Powers of the President (Constitutional Powers)
1. Executive Power
✓ The Power to administer and enforce the laws; ensure that all laws are faithfully executed.
2. Power of Appointment
✓ Power to appoint officials of the government.
✓ Appointment is the selection, by the authority vested with the power, of an individual who is to
exercise the functions of a given office.
✓ The power to appoint is inherently an executive function while the power to confirm or reject
appointments belongs to the legislative department (check on the former). Power to check may be
exercised through the members of both Houses in the Commission on Appointments.
✓ Appointment distinguished from designation: Designation is the mere imposition of new or

additional duties upon an officer already in the government service to temporarily perform the
functions of an office in the executive branch when the officer regularly appointed to the office is
unable to perform his duties or if there exists a vacancy.
▪ Permanent Appointment
• Issued to a person who meets all the requirements for the positions to which he is
being appointed.
▪ Temporary Appointment
• Issued to a person who meets all the requirements for the positions to which he is
being appointed except the appropriate civil service eligibility.
• Such temporary appointment shall not exceed twelve (12) months, but the appointee
may be replaced sooner if a qualified civil service eligible becomes available.
✓ Officials Appointed by the President
• Heads of the executive departments, ambassadors, other public ministers and

consuls, officers of the armed forces from the rank of colonel or naval captain, and
other offices whose appointments are vested in them in this Constitution.
• All other officers of the Government whose appointments are not otherwise provided
for by law.
• Those whom the President may be authorized by law to appoint.

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• Officers lower in rank, whose appointment the Congress may by law vest in the
President alone.
(Only the first group requires the confirmation or consent of the

Commission on Appointments).
✓ Appointments requiring the consent of the Commission on Appointments:
▪ Regular Appointment
• Appointment requires confirmation of the Commission on Appointments made by the

President while the Congress is in session.
• Take effect once approved by the Commission and continues as such until the end
of its terms.
▪ Ad Interim Appointment
• Appointment requires the confirmation of the Commission on Appointments made by

the President while Congress is in recess.
• Shall be effective only a) until disapproved by the Commission on Appointments or

b) Until the next adjournment of Congress.
✓ Constitutional Limitations on the Appointing Power of the President:
a. Appointments extended by an Acting President shall remain effective, unless revoked by the
elected President within ninety (90) days from his assumption or re-assumption of office.
b. Two (2) months immediately before the next presidential elections and up to the end of his
term, a President or Acting President shall not make appointments, except temporary
appointments to executive positions when continued vacancies therein will prejudice public
service or endanger public safety.
3. Power or Removal
✓ Power of removal or the power to remove officials appointed by the President.
✓ If the term of an officer is not fixed for a definite time by law, the President may remove him when
he wills.
✓ True in the case of cabinet secretaries who occupy the office at the pleasure of the President.
✓ The President cannot remove those officials even appointed by him when the Constitution provides
for the manner of their removal from office, such as in the case of the Chief Justice and Associate
Justice of the Supreme Court, the Ombudsman, and the Chairman and Members of the
Constitutional Commissions. These officials are removable only through the process of
impeachment.

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✓ Career service employees appointed by him can be removed only for a cause and in accordance
with the administrative procedure provided by law.
4. Power of Control
✓ The power of control of all the executive departments, bureaus, or offices, but not of all local
governments over which he has been granted only the power of general supervision as may be
provided by law.
✓ The power of control means the power granted to an officer to alter or modify or nullify or set aside
what a subordinate officer had done in the performance of his duties and to substitute the judgment
of the former to that of the latter.
✓ Power of general supervision is the power to see to it that the inferior follows the law.
✓ Supervision involves the authority of an officer to see that subordinate officers perform their duties.
5. Military Power
a. Power of the President as the Commander-in-Chief of the Armed Forces
▪ The power to call such forces to prevent or suppress lawless violence, invasion, or
rebellion.
▪ The President is authorized to direct the movements of the naval and military forces placed
by law in his command, and to employ them in the manner he may deem most effectual.
b. Power to Suspend the Privilege of the Writ of Habeas Corpus
▪ Grounds for Suspension
• In cases of invasion when public safety requires it or rebellion when public safety
requires it or both cases.
▪ Duration
• The President may suspend the privilege of the writ of habeas corpus for period not
exceeding sixty (60) days, after which its shall be lifted.
• Congress is empowered to extend the duration.
• Within forty eight (48) hours after the suspension, the President shall report in
person or in writing, and the Congress by a majority of vote of its members voting
jointly may revoked the suspension and may also extend upon the initiative of the
President.

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▪ Factual Basis of Suspension
• The Supreme Court may review, in an appropriate proceeding filed by any citizen,
the sufficiency of the factual basis of the proclamation of martial law or the
suspension of the privilege of the writ or the extension thereof, and must promulgate
its decision thereon within thirty (30) days from filing.
▪ Effect of the Suspension of the Privilege of the Writ of Habeas Corpus
• The suspension does not affect the right to bail, and applies only to those charged
with rebellion or offenses connected with invasion
• During suspension of the privilege of the writ, any person thus arrested or detained
shall be judicially charged within three (3) days, otherwise he shall be released.
c. Power to Declare Martial Law
• Martial law is founded upon the principle that the state has a right to protect itself
against those who would destroy it and has therefore been likened to the right of the
individual to self-defense.
• It is invoked as an extreme measure, and rests upon the basic principle that every
state has the power of self-preservation, a power inherent in all states, because
neither the state nor society would exist without it.
• The requirements for the declaration of martial law are subject to the same grounds,
duration, and conditions as that of a suspension of the privilege of the writ of habeas
corpus.
6. Pardoning Power
a. Scope of Pardoning Power
▪ Pardoning power or the power of executive clemency includes:
• Pardon – an act of grace, proceeding from the power entrusted with the execution
of the laws, which exempts an individual on whom it is bestowed from the
punishment the law inflicts for a crime he has committed.
• Commutation – a remission of a part of the punishment, a submission of a less

penalty for the one originally imposed.
• Reprieve – a postponement of execution or a temporary suspension of execution.
• Remit Fines and Forfeiture – exoneration of fines and forfeited property.

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• Amnesty – commonly denotes the general pardon to rebels for their treason and
other high political offenses, of the forgiveness which one sovereign grants to the
subjects of another, who have offended some breach of the law of nations.
b. Limitations on the Exercise of the Pardoning Power
1. It may not be given or granted in impeachment cases.
2. No pardon can be granted to cases of violation of election laws without the recommendation of the
Commission on Elections.
3. Amnesty cannot be granted without the concurrence of Congress.
4. Pardoning power can only be exercised or be granted after conviction.
c. Kinds of Pardon
1. Absolute Pardon – granted without any conditions; not only blots out the crime committed, but
removes all disabilities resulting from the conviction.
2. Conditional Pardon – granted by the President subject to such conditions or qualifications.
7. Diplomatic Power
✓ As the Chief Diplomat, the President exercises the power to conduct the country’s external affairs.
This power includes:
▪ Power to Send and Receive Diplomats
• It is the President who appoints, sends, and instructs diplomatic agents and consuls.
• These agents represent the country abroad and are essential in carrying and
maintaining our diplomatic relations with other countries.
• The President also exercises authority over the reception of diplomatic agents and
consuls.
• The simple act of receiving a diplomat has been equivalent to accrediting the
diplomat officially recognizing his or her, government.
• The President is also granted the right to refuse to admit agents whom it may
consider unacceptable.

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▪ Power of Recognition
• The power to recognize the legitimacy of foreign governments.
▪ Treaty-making Power
• The power to enter into treaties and international agreement.
• Treaties are international agreement concluded between States in written form and
governed by international law.
• Treaty and Executive Agreement, Distinguished – Treaties are formal documents

which require ratification with the approval of two-thirds of the Senate. Executive
Agreements become binding through executive action without the need of a vote by
the Senate or by Congress. Treaties are international agreements involving political
issues or changes of national policy and those involving international arrangements
of a permanent character. Executive agreement refers to international agreements
embodying adjustments of detail carrying out well-established national policies and
traditions and those involving arrangements of a more or less temporary nature.
• Limitations on the Treaty-making Power of the President – Such treaty or

international agreement entered by him must obtain prior concurrence of the Senate
for its validity. The Constitution requires that such concurrence must be made by at
least two-thirds of all the members of the Senate. The Supreme Court may declare
treaties concluded by the President when these treaties conflict with certain
provisions of the Constitution.
8. Borrowing Power
✓ The President has the authority to contract or guarantee loan in the name of the Republic of the
Philippines.
✓ The President was vested by this power because he is responsible in the implementation of the
programs of our government and his office is equipped with the needed information to determine
the exigency of borrowing money.
✓ These loans may be used to augment the budget of the government as well as to finance important
developmental projects.
✓ It is required that before the President can guarantee such foreign loan in the name of the
Government, it must first receive prior concurrence of the Monetary Board of the Central Bank. The
Monetary Board is in the best position to determine whether an application for foreign loan initiated
by the President is within the paying capacity of our country or not.
✓ Congress can also provide other limitations on the President’s power to contract or guarantee loan
through legislative enactments.
✓ The Constitution requires the Monetary Board to submit, within thirty (30) days from the end of
every quarter of the calendar year, a complete report of its decisions on applications for loans to be
contracted or guaranteed by the Government or government-owned and controlled corporations
which would have the effect of increasing the foreign debt, and containing other matters as may be
provided by law.

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9. Informing Power
✓ The President shall address the Congress, at the opening of its regular session (SONA or the State
of the Nation Address).
10. Other Powers
✓ The President also exercises such other powers, which are expressly conferred to him under the
Constitution like the general supervision over all local governments, the power to call special
session in Congress to address emergency measures, the power approve bills and at the same
time to veto bills passed by Congress.
ASSESSMENT:
Write a short composition entitled <If I were elected President of the Republic of the
Philippines=.

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Lesson 12: ARTICLE VIII: JUDICIAL DEPARTMENT
OBJECTIVES:
• Explain the nature of judicial power

• Enumerate the composition of the Supreme Court and the qualifications for
membership in the Judiciary
•
- Judicial power is vested in the Supreme Court and other lower courts established by law.
- Judicial power is the power to apply the laws to contests or disputes concerning legally recognized rights
or duties between the State and a private person, or between individual litigants, in cases properly brought
before the judicial tribunals, which includes the power to ascertain what are the valid and binding laws of
the State, and interpret and construe them.
- Judicial power includes the duty of the courts of justice to settle actual controversies involving rights, which
are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess jurisdiction on the part of any branch or instrumentality of the
Government.
- The Supreme Court is the only court created by the Constitution; all other courts such as the Court of
Appeals, Court of Tax Appeals, etc. operating under the judicial system are called statutory courts
established through statutory enactments made by the Congress.
FISCAL AUTONOMY
- Judiciary shall enjoy fiscal autonomy. Fiscal autonomy means the automatic release of funds once
approved and appropriated by the Legislature.
- Appropriations for the judiciary may not be reduced by the legislature below the amount appropriated for
the previous year and, after approval, shall be automatically and regularly released.
SUPREME COURT AND OTHER LOWER COURTS OF THE PHILIPPINES
A. Composition of the Supreme Courts
✓ The Supreme Court is composed of fifteen (15) members, one (1) Chief Justice and fourteen (14)
Associate Justices.
✓ They are appointed by the President from a list of at least three (3) nominees prepared by the
Judicial and Bar Council and are not subject to confirmation by the Commission on Appointments.
B. En Banc and Division Cases
✓ It may sit en banc or in its discretion in division of three, five, or seven.
✓ It sits en banc when all the justices take part in considering cases.

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✓ It may also conduct its business in division when only a number of justices take part.
✓ The Supreme Court at present consists of three (3) divisions with five (5) Justices in each division.
✓ The following are to be heard and decided by the Supreme Court sitting en banc:
1. All cases involving the constitutionality of a treaty, international or executive agreements.
2. Those involving the constitutionality, application, or operation of presidential decrees,

proclamations, orders, instructions, ordinances, and other regulations.
3. Cases heard in division when the required majority vote is not obtained.
4. Cases where a doctrine of law laid down in a division or the court sitting en banc is modified by
the Supreme Court.
5. Administrative cases involving the dismissal of judges of a lower court.
6. Sitting as electoral tribunal as judge of all contests relating to the elections, returns and
qualifications of the President and Vice-President.
7. All other cases, which under the Rules of Court must be heard in division.
C. Qualifications for Members of the Judiciary
✓ Two types of qualifications:
▪ Constitutional – refers to those qualifications prescribed under the Constitution
▪ Statutory – those qualifications, which the Congress may prescribe through ordinary
legislation.
1. Qualifications for Members of the Supreme Court (SC)
a. Natural-born citizen of the Philippines
b. At least forty (40) years of age
c. A judge of lower court or engages in the practice of law in the Philippines for fifteen (15)
years or more.
This enumeration is exclusive, which means that the Congress may not add
additional qualifications through ordinary legislation.
2. Qualifications for Members of the Lower Collegiate Court (composed of more than one
judge such as the CA, CTA, Sandiganbayan)

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a. Constitutional qualifications:
1. Natural-born citizen of the Philippines
2. Member of the Philippine Bar
b. Statutory qualifications:
1. Congress may prescribe other qualifications.
3. Qualifications for Members of the Lower Courts (RTC, MTC, MeTC, MCTC)
a. Citizen of the Philippines (either naturalized or natural-born).
b. Member of the Philippine Bar.
c. Congress may prescribe other qualifications.
Members of the Supreme Court, lower collegiate court and lower courts must be of
persons of proven competence, integrity, probity and independence.
D. Salaries of the Members of the Judiciary
✓ The salary of the Chief Justice and of the Associate Justice of the Supreme Court, and of the
judges of the lower courts shall be fixed by law.
✓ During their continuance in office, their salary shall not be decreased.
E. The Judicial and Bar Council and the Manner of Appointing Members of the Judiciary
✓ Under the 1935 Constitution – President with the consent of the Commission on Appointments,
appoints the members of the judiciary.
✓ Under the 1973 Constitution – also appointed directly by the President.
✓ Under the 1987 (present) Constitution – members are appointed from list of nominees prepared by
the Judicial and Bar Council. Such appointment no longer requires confirmation by the Commission
on Appointments. This will remedy the situation in the past where judges had practically begged for
confirmation of their appointments.
✓ Judicial and Bar Council
▪ a significant innovation introduced by the 1987 Constitution, the primary purpose of which is
to recommend appointees to the judiciary.
▪ For every vacancy, the Council will nominate at least three (3) candidates. When the
President appoints a justice or judge, his choice will be limited only to those recommended
by the Council. This might prevent the President from appointing favored person to judicial
post even if it is incompetent to discharge the delicate duty of courts.

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▪ The Council may also perform such other functions and duties as the Supreme Court may
assign to it.
▪ Composition of the Judicial and Bar Council
• 2 kinds of members:
o Ex-officio
▪ The Supreme Court Chief Justice shall be its ex-officio Chairman and
the Clerk of the Supreme Court shall be the Secretary ex-officio of
the Council. The Secretary of the Department of Justice and a
Representative of the Congress as ex-officio members.
o Regular Members
▪ A representative of the Integrated Bar, a Professor of law, a retired

member of the Supreme Court, and representative of the private
sector.
The President with the consent of the Commission on Appointment appoints the
four (4) regular members of the Council. Their terms of office is staggered to four (4)
years, thus of the Members first appointed, the representative of the Integrated Bar serve
for four (4) years, the Professor of law for three (3) years, the retired Justice for two (2)
years, and the representative of the private sector for one (1) year.
F. Tenure and Discipline
✓ Members of the Supreme Court and judges of lower courts shall take office during good behavior
until they reach the age of seventy (70) years or become incapacitated to discharge the duties of
their office.
✓ Good behavior is determined by the Supreme Court since it has the power to discipline justices of
lower collegiate courts and judges of the lower courts. The Supreme Court en banc may order their
dismissal by a majority of the Members, who actually took part in the deliberations on the issues in
the ease and voted thereon.
✓ The misconduct of a judge that will warrant disciplinary action by the Supreme Court must have
direct relation to and be connected with the performance of his official duties, not his character as a
private individual.
G. Prohibitions
✓ Members of the Supreme Court and of other courts established shall not be designated to any
agency performing quasi-judicial or administrative functions.
DECISION OF THE COURT
✓ The conclusion of the Supreme Court in any case submitted to it for decision en banc or in division
shall be reached in consultation before the case is assigned to a member for the writing of the
opinion of the Court.

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✓ A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached
to the record of the case and served upon the parties.
✓ Any member who took no part, or dissented, or abstained from a decision or resolution must state
the reason thereof.
✓ No decision shall be rendered by any court without expressing therein clearly and distinctly the
facts and law on which it is based.
✓ Courts should state the reasons upon which their decision rest.
✓ No petition for review or motion for reconsideration of a decision of the court shall be refused due
course or denied without stating the legal basis thereof.
Period of Decisions
✓ All cases or matter filed after the effectivity of this Constitution must be decided or resolved within
twenty four (24) months from the date of submission for the Supreme Court, and unless reduced by
the Supreme Court, twelve (12) months for all lower collegiate courts, and three (3) months for all
other lower courts.
✓ A case or matter shall be deemed submitted for decision or resolution upon the filing of the last
pleading, brief, or memorandum rewired by the Rules of Court or by the Court itself.
✓ Upon the expiration of the corresponding period, a certification to this effect signed by the Chief
Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of
the case or matter, and served upon the parties. The certification shall state why a decision or
resolution has not been rendered or issued within said period.
✓ Despite the expiration of the applicable mandatory period, the Court, without prejudice to such
responsibility as may have been incurred in consequence thereof, shall decide or resolve the case
or matter submitted thereto for determination, without further delay.
POWERS OF THE SUPREME COURT
- The Supreme Court does not take initial cognizance of controversies. It merely reviews decisions of other
tribunal, which have acted on these controversies.
- It does not initiate review; review authority must be triggered by the filing of a petition by a proper party.
JUDICIAL REVIEW
- The power of the Supreme Court to declare the act of the Executive and Legislative departments of
government unconstitutional in the light of its conformity with the Constitution.
- An expression of the supremacy of the Constitution.
POWERS OF THE SUPREME COURT

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1. Original Jurisdiction
✓ Refers to the authority of the court to hear and determine a particular case.
✓ The Supreme Court’s original jurisdiction refers to its authority to be the first court to hear a case.
✓ The Supreme Court exercises original jurisdiction embracing cases affecting ambassadors,
public ministers, and consuls.
✓ The Supreme Court also exercises original jurisdiction over:
▪ Certiorari
▪ Prohibition
▪ Mandamus
▪ Quo Warranto
▪ Habeas Corpus
2. Appellate Jurisdiction
✓ Refers to the authority of the Supreme Court to review, revise, modify, or affirm final judgments
rendered by lower courts.
3. Temporarily Assign Judges of Lower Courts
✓ The Supreme Court possesses the power to assign temporarily judges of lower courts to other
stations. Such temporary assignment shall not exceed six (6) months without the consent of the
judge concerned.
4. Order to Change the Venue of Trial
✓ The Supreme Court has the power to order a change of venue or place of trial to avoid
miscarriage of justice.
5. Rule-Making Power
✓ The Supreme Court has the authority to promulgate rules concerning the protection and
enforcement of constitutional rights, pleadings, practice, and procedures in all courts.
6. Appoint Officials and Employees
✓ The Supreme Court has the power to appoint officials and employees of the judiciary. Such
appointment like those made by the other departments must be made in accordance with the
Civil Service Law.
7. Administrative Supervision over Court and Personnel
✓ The Supreme Court exercises administrative supervision over all courts as well as its personnel.
ASSIGNMENT:
Identify the three (3) Constitutional Commissions mandated by the 1987 Philippine
Constitution and enumerate their respective powers.

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Lesson 13: ARTICLE IX: CONSTITUTIONAL COMMISSIONS
OBJECTIVES:
• Identify the three (3) constitutional commissions as mandated by the present

Constitution
• Enumerate the powers and duties of each constitutional commission
•
THE CONSTITUTIONAL COMMISSIONS
- Independent bodies created and established by the constitution to perform specific functions as
prescribed therein for the harmonious administration of the government.
- Co-equal bodies and created by the constitution to assure the proper administration of democracy in the
country.
- To secure the independence of these bodies, the following guarantees are prescribed in the
Constitution:
✓ These bodies are created by the constitution itself and may not be abolished by mere legislation.
✓ Each of them is expressly described in the constitution as independent.
✓ Each of them is conferred certain powers and functions which cannot be withdrawn or reduced
by statute.
✓ The Chairmen and members of these commissions may not be removed by office except by
impeachment.
✓ All of the said Commissions enjoy fiscal autonomy.
✓ The Chairmen and members of the said Commissions are not entitled for any re-appointment or
appointment in an acting capacity.
✓ Each Commission may formulate its own rules and regulations affecting its concerns.
✓ The salaries of the Chairmen and members are relatively high and may not be decreased during
their continuance in office.
✓ The Chairmen and members of all these Commissions are subject to certain disqualifications
and inhibitions.
✓ The Constitutional Commissions are allowed to appoint their own officials and employees in
harmony with the Civil Service Law.

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PROHIBITIONS AND INHIBITIONS
- To hold any other office or employment;
- To engage in the practice of any profession or in the active management or control of any businesses
which in any way affect the functions of their office;
- To be directly or indirectly interested in any contract with or in any franchise or privilege granted by the
Government or any of its subdivisions, agencies, or instrumentalities, including government-owned and
controlled corporations or their subsidiaries.
THE CIVIL SERVICE COMMISSION
- Central personnel agency of the government
- Human Resource Office of the government because of its power to regulate employees in government.
Composition and Qualifications
- Composed of one (1) chairman and two (2) commissioners.
- No appointment shall be appointed by the President unless he or she is:
✓ A natural-born citizen;
✓ At least 35 years old at the time of appointment;
✓ With proven capacity for public administration; and
✓ Not a candidate in any election immediately preceding the appointment.
- Officials of the CSC are appointed by the President with the confirmation of the Commission on
Appointment with a term of seven (7) years without reappointment and appointment as acting capacity.
Appointments in the Civil Service
- Before a person can be employed in the government service, he must comply first with the requirements
set by the Commission.
- Appointments in Civil Service are made based on merit and fitness and be determined as far as feasible
by competitive examination or the well known civil service examination.
- Positions which are technical, political, and confidential in nature are not covered by the requirements
like the civil service examination for entry into the government service.
- All public officials are however required to take an oath of office to uphold and defend the Constitution
and republic itself before assuming their respective offices.

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Security of Tenure
- All government employees and officials cannot be dismissed or removed from the office they are holding
without any just cause and due process as secured by existing laws in a proper administrative case.
- A government employee can be removed only by finding him guilty of gross incompetency and
inefficiency.
- The President issued Executive Order 292 to insure the smooth sailing administration of public service
by setting standards and grounds for disciplining a government employee or officer who is found guilty
of any violations of the same.
Other Privileges and Prohibitions
- The Constitution recognizes the right of the government employees and officers to self-organization.
- They can organize their own labor unions in their aspiration to advance their interest.
- They are not allowed to stage a strike as to interrupt the operation of the government.
- A civil servant who is being defeated in an election is barred from being appointed or reappointed to any
public office or position within one (1) year following such election.
- No elective official can be appointed in any capacity in any position in the government during his tenure
except he relinquishes his present office.
- Government employees and officials are prohibited to receive any additional, double or indirect
compensation unless the said remunerations are mandated by law.
- They are also prohibited from accepting any present, position, office of any kind and the like from
foreign government to avoid any influence that the foreign country may propose at the expense of the
effective administration of public service.
THE COMMISSION ON ELECTION
- Busiest governmental agency during elections.
- Regulates the five (5) scopes of suffrage.
- Ensure the successful conduct of any election in the country.
- Empowered to set regulations, laws, rules, and ordinances to ensure the clean holding of any election.
- The Constitution provides the powers of the COMELEC (Art. IX, Sec.2).
- All decisions of the COMELEC are appealable not in the Court of Appeals but in the Supreme Court.

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- Composed of one (1) chairman and six (6) commissioners.
- Entitled for a seven (7) years term without any reappointment or appointment in an acting capacity.
- Qualifications of COMELEC Officials:
✓ Must be at least holders of a college degree; and
✓ Must not have been candidates for any elective position in the immediately preceding elections.
- The Constitution requires that a majority of the members, including the Chairman, must be members of
the Philippine Bar who have been engaged in the practice of law for at least ten (10) years.
THE COMMISSION ON AUDIT
- Check all the expenses or disbursements of public funds or properties in connection with the official
function of each government unit.
- Covers all government offices, divisions, centers, instrumentalities, units, agencies, bureaus, and even
government-owned and controlled corporations.
- No law shall be passed exempting any entity of the Government, or any investment of public funds, from
the jurisdiction of the Commission on Audit.
- The Constitution laid down the powers and functions of the Commission on Audit (Art. IX, Section 2(1)).
- Composed of one (1) chairman and two (2) commissioners.
- Entitled for a seven (7) years term without any reappointment or appointment in an acting capacity.
- No person shall be appointed official of the Commission on Audit unless they are:
✓ CPA’s with at least ten (10) years auditing experience or members of the Bar with at least ten
(10) years practice of law, at no time shall all members belong to the same profession;
✓ Not candidate in election immediately preceding appointment.
ASSIGNMENT:
Explain the principle of <Public office is a Public Trust.=

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Lesson 14: ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS
OBJECTIVES:
• Discuss the Accountability of Public officers in line with the principle of Public Office
is a Public Trust
• Define impeachment and its purpose
• Identify the government officials that are subject for impeachment proceedings
• Explain the duties and functions of the governmental bodies created to ensure the
- Public office is a public trust. This statement connotes that the powers of public officials are founded in the
trust that people gave to them during the elections.
- Government offices are created for the general welfare of the people and not for the personal benefit of a
public official nor his political party, family, friends, and relatives.
- The powers of all government offices emanate from the people who entrusted to them the trust to
administer the operation of the state.
IMPEACHMENT
- A political process mandated by the Constitution specifically under Sec. 2 of Art.XI.
- Defined as the method of national inquest into the conduct of public men.
- Its purpose is to secure the powers of some high officials and to see to it that their duties and functions are
well taken without any grave abuse of discretion.
- Extraordinary means of removing some high officials.
Grounds for Impeachment
a. Culpable Violation of the Constitution

b. Treason
c. Bribery
d. Graft and Corruption
e. Other High Crimes
f. Betrayal of Public Trust
Impeachable Officers
a. The President of the Republic of the Philippines;

b. The Vice-President;
c. The Chief Justice and Associate Justices of the Supreme Court;
d. The Officials of the Constitutional Commissions; and

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e. The Ombudsman and his Deputies.
Impeachment Method
a. The House of Representatives has the exclusive power to initiate all cases of impeachment;
b. An impeachment is instituted by written complaint known as the Articles of Impeachment, which include
the offenses and violations charged. A verified complaint for impeachment may be filed by any member of
the said legislative chamber or by any citizen upon a resolution or endorsement by any member thereof.
c. Impeachment proceedings shall commence with an inquiry of impeachment resolution or with a direct
resolution.
d. In an inquiry of impeachment resolution, after the filing of the verified complaint, the same shall be
included in the Order of Business of the House of Representatives within session days, and referred to the
proper Committee within three (3) session days subsequently.
e. The committee concerned which has the task to the impeachment case then holds hearings and
investigation relative to the charges;
f. The Committee, after hearing, and by majority of vote of all its members, shall submit its report to the
House within sixty (60) session days from such referral, together with the corresponding resolution. The
resolution shall be calendared for consideration by the House within ten (10) session days from receipt;
g. A vote of at least one-third of all the Members of the House shall be sufficient either to affirm a favorable
resolution with the Articles of Impeachment of the Committee concerned, or override its contrary
resolution;
h. In a direct resolution, a verified complaint or resolution of impeachment is filed by at least one-third of the
Members of the House; the same shall constitute the Articles of Impeachment;
i. The Articles of Impeachment is then forwarded to the Senate for a trial that has the exclusive power to
further hear, try, and decide all cases of impeachment. A certain number of members of the House of
Representatives shall act as prosecutors and the full House of Senate shall be transformed into an
impeachment court, whose members shall formally take an oath of affirmation. When the President of the
Philippines is on trial, the Chief Justice shall preside, but is not entitled to vote;
j. Consequently, the Senate then votes in open session on each Article of Impeachment. No person shall be
convicted without the concurrence of two-thirds of all the members of thereof; and
k. No impeachment proceedings shall be initiated against, the same official more than once within a period of
one year.
- When the convicted official is no longer in the public service, the only penalty available is disqualification.
- If he is still incumbent at the time, both the penalties of removal and disqualification may be imposed.
- The judgment of the Congress in an impeachment proceeding naturally cannot be subject to judicial review
because the Constitution provides that they have the sole power to hear, try and decide an impeachment
case.
- If there is grave abuse of discretion, then the Supreme Court can take cognizance of the case provided
that it must be properly brought before the highest tribunal.
THE SANDIGANBAYAN

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- A special court created acted upon civil and criminal cases involving graft and corrupt practices and such
other offenses committed by public officers and employees, including those in government-owned or
controlled corporations, in relation to their office as may be determined by law.
- Composed of a presiding justice and fourteen (14) associate justices and has the same rank as the Court
of Appeals; its decision is appealable before the Supreme Court.
THE OMBUDSMAN
- The Constitution created the Office of the Ombudsman and thereby cannot be abolished nor its
composition and functions be charged by mere legislation from the Congress.
- The Office of the Ombudsman is formerly known as the Tanodbayan.
- It prosecutes any offenses created by public officers in line with their duties and functions.
- The Office of the Ombudsman is composed of an Ombudsman, one over-all Deputy, and at least one
Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may
likewise be appointed.
- The Ombudsman and his Deputies must be:
a. Natural born citizen of he Philippines;

b. At least 40 years of age at the time of appointment;
c. With recognized probity and independence;
d. A member of the Philippine Bar;
e. Not a candidate for any elective position in the immediate preceding election; and
f. A judge for ten (10) years or more or engaged in the practice of law in the country.
- The Ombudsman and his Deputies are appointed by the President from a list prepared by the Judicial and
Bar Council and shall serve their respective office with a term of seven (7) years without reappointment
and are not qualified to run for any office in the election immediately succeeding their cessation from
office.
THE SPECIAL PROSECUTOR
- The earlier Tanodbayan as mandated by the former Constitution in now known as the Office of the Special
Prosecutor.
- Continues to function under the supervision of the Office of the Ombudsman.
- All transactions made by this office require the approval and consent of the Office of the Ombudsman.

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Politics, Governance, and Citizenship (Polytechnic University of the Philippines)

Studocu is not sponsored or endorsed by any college or university

Republic of the Philippines

INSTRUCTIONAL MATERIAL FOR POLITICS,

MARIA LUISA F. ESMA

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Lesson 1 Introduction to Political Science

Lesson 5 Article I: National Territory

Lesson 6 Article II: Declaration of Principles and State Policies

Lesson 7 Article III: Bill of Rights

Lesson 8 Article IV: Citizenship

Lesson 9 Article V: Suffrage

Lesson 10 Article VI: Legislative Department

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Lesson 11 Article VII: Executive Department

Lesson 12 Article VIII: Judicial Department

Lesson 13 Article IX: Constitutional Commissions

Lesson 14 Article XI: Accountability of Public Officers

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Lesson 1: INTRODUCTION TO POLITICAL SCIENCE

• Define political science

WHAT IS POLITICAL SCIENCE?

SCOPE OF POLITICAL SCIENCE

FUNCTIONS AND IMPORTANCE OF POLITICAL SCIENCE

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GOAL IN THE STUDY OF POLITICAL SCIENCE COURSES

• Process of acquiring territory:

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DISTINCTION BETWEEN A STATE AND A NATION

DISTINCTION BETWEEN A STATE AND A GOVERNMENT

FUNDAMENTAL POWERS OF THE STATE

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• Define what is a government and its function

• As to the number of persons exercising sovereign powers:

THREE (3) BRANCHES OF THE GOVERNMENT

THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

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A. THE PRE-SPANISH GOV’T

❖ Unit of Government - BARANGAY

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B. GOVERNMENT DURING THE SPANISH PERIOD

❖ Spain’s title to the Philippines

❖ Spanish Colonial Government

❖ Spanish Government in the Philippines

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➢ exercised certain religious powers

Miguel Lopez de Legazpi

o Board of Authorities and the Council of Administration

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C. GOVERNMENT DURING THE REVOLUTIONARY ERA

5. First Philippine Republic

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➢ Headed by a Civil Governor

3. Commonwealth Government of the Philippines

E. GOVERNMENT DURING THE JAPANESE OCCUPATION

1. The Japanese Military Administration

2. The Philippine Executive Commission

3. The Japanese-Sponsored Republic of the Philippines (Second Philippine Republic)

THE PREVIOUS PHILIPPINE REPUBLICS

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• Define what is a Constitution

1. Binding on all citizens and all agencies or organs of the government.