Republic of the Philippines

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES

College of Political Science and Public Administration

(GEED20023) PHILIPPINE POLITICS,

GOVERNANCE, and Citizenship
Revised 2nd Semester 2023

INSTRUCTIONAL MODULE

Prepared by:

THERESE MARIE A. OLIVER, MPA, JD

Faculty Member
 TABLE OF CONTENTS

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Lesson 1 Understanding Politics and Political Science 1

Basic Concepts 2
The Need to Study Political Science, 2
Fields of Modern Political Science 3
Political Science, its relation to Other Discipline 4
Political Science, a Separate Disciple 6
Function of Political Science 6

Lesson 2 Fundamentals of State 7

National territory of the Philippines 9
State defined 9
State distinguished from a Nation 10
Inherent Power of the State 10
Essential Elements of State 10
Government of the Philippines defined 12
Elements of Governance 12
Functions of Government 12
Forms of Government 12

Lesson 3 Understanding the Fundamental Law 14

Constitution defined 14
Qualities of Good Constitution 14
Brief History of the Philippine Constitution 15
Essential Parts of a Good Written Constitution 17
Changing the constitution 17
Lesson 4 The Philippine Government 20
Legislative Branch 21
Executive Branch 33
Judicial Branch 47
Constitutional Commission 58
Civil Service Commission 58
Commission On Election 59
Commission On Audit 59
Local Government 61

Lesson 5 Citizenship, and the exercise of Suffrage 65-70

Citizenship
Suffrage
PHILIPPINE POLITICS, GOVERNANCE, and Citizenship
(GEED20023)

Lesson 1 Understanding Politics and Political Science

Learning Objectives:
When you finish this lesson, you will be able to do the following:

1. Define Political Science and Politics as well as its key concepts.

2. Internalize the importance in the study of Political Science.

3. Discuss the approaches and fields in the study of Political Science

Introduction
The origin of the words "politics" and “science” The Latin word politicus comes from
Greek “politikos” of citizens, pertaining to the state and its administration; pertaining to public life,
from polites citizen, from polis, which means the city state. This term originated from the book of
Aristotle, Politiká on governing and governments as modeled his view ‘’affairs of the city”. For the
Greeks, polis signified the people who lived in the city-state. It named a community rather than a
place. Politics (from Greek politicos’) as a term is generally applied to the art or science of running
governmental or state affairs, including behavior within civil governments, but also applies to
institutions, fields, and special interest groups such as the corporate, academic, and religious
segments of society. It consists of social relations involving authority or power and to the methods
and tactics used to formulate and apply policy. Modern political discourse focuses on democracy
and the relationship between people and politics. It is thought of as the way we choose
government officials and make decisions about public policy.

Whereas, the word science comes from the Latin word Scientia meaning “knowledge”;
from scire which means to” know”. As man’s knowledge of the physical and social environment
developed after years of study, observation and reflection, the word science has come to mean
anybody of systematic knowledge about a well-defined area of inquiry.

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Basic Concepts

Politics defined Aristotle’s philosophy immensely influenced classical and

contemporary definition of politics. He once said, “men by nature are political animals.”, and
defined politics as the study of the affairs of the city-state (polis). Aristotle puts upon men the task
of acquiring and exercising power and influence with the purest of motives and with respect for
responsibility since men inevitably and naturally possess them.

Bernard Crick, in his In Defense of Politics, defines politics as a struggle for power among
groups whose aim is to control the state. He explained that politics is simply the activity by which
differing interests within a given unit of rule are conciliated by giving them a share in power in proportion
to their importance to the welfare and survival of the community

The Need to Study POLITICAL SCIENCE

Political Science, defined. Political science is one of the social sciences. It covers the
study of policies and politics It is generally understood to encompass the systematic study of the
state and its government.

Political Science began as early as the 14th century B.C. when Aristotle (384-322 BC)
wrote Politics, the first systematic work on political affairs. The book written about 335-332 B.C.,
won for him the title of “Father of Political Science.”

Other accepted definitions of political science are:

 The systematic analysis of government in processes forms or organizations, institutions

and purposes. (Encyclopedia Americana, New York, 1965, vol. 2, p. 309)

 It is generally understood to encompass the systematic study of the state and it’s
government. (Collier’s Encyclopedia, p. 214)

 The part of social science which treats of the foundation of the state and the principles of
government. (As defined by Paul Janet a French Scholar)

 The systematic study of government and of the political process from the point of view of
What is of what ought to be, and of how to achieve the great coincidence between two.
(Pennock and Smith, p. 22)

Importance in Studying Political Science:

First, we are part of the government. The moment we were born up to the day we die our records
formed part of our state’s public documents.

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Second, the study of political science enables us to know more about our rights and duties as
citizens, the structure and functions of the different branches of government, and our relations
with other states.

Third, the study of political science broadens man’s cultural background by knowing the function
of the state, law, diplomacy, public finance, and etc.

Finally, political science provides the needed background for those who intend to enter the
profession of law, foreign service, public administration, business, education and journalism. The
activities of these professions are intimately linked with the affairs of government.

As a branch of modern learning, political science has undergone three

chronological and overlapping stages of development as follows:

Religious Stage – the government with its leaders and laws was considered as divine or divinely-
spirited. This stage began during the prehistoric era and continued as long as the divine right of
kings was supported (18th century)
Metaphysical Stage – during this stage, the state was considered as a human institution, but it
was almost worshipped as a perfect institution. This stage began with the ancient Greeks.
Aristotle and Plato thought that the state was the means to develop the highest potential of the
individual. Indeed, Aristotle claimed that “man is by nature a political animal,” and the state was
established for the greatest good of the greatest number of citizens.
Modern stage – finally in this stage, the state was still considered as a human institution but it
was deemed capable of being improved by rulers and subjects according to certain principles and
laws. This stage was ushered in by Niccolo Machiavelli (1469-1527), a renaissance writer of The
Prince, a handbook for rulers in the art of government. Thus, Machiavelli is often credited as the
“Father of Modern Politics.”
Political Science first attained recognition as a separate field of study in 1856. The significant
innovation was done upon the request of Prof. Francis Lieber, a German-born American scholar
who wrote Manual of Political Ethics (1838), the first systematic treatise in political science
published in the United States.Thus it was the Americans who first made the study of politics as
a separate course of study.

Fields of Modern Political Science

Political Theory/Political Philosophy – are terms which are often used interchangeably.
Scholars in this field are concerned with questions about value judgements and the history and
development of the ideas of great political thinkers.
Political Philosophy is sometimes called value or normative theory because it is concerned
primarily with values, norms, and morality. It attempts to examine the connections among facts,
values, and judgements.
Theory is an important part of all political science fields because it is used in the explanation and
prediction of political phenomena.

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Governments – make up an entire branch of political science. The structure and functions of
federal, provincial or state and local governments, usually within the context of a single country
are examined in this field.
Public Administration – is concerned more with how policies are formulated and
implemented within the large bureaucratic infrastructure of government.
Public Policy – analyzes and evaluates policies in areas such as defense, health, education
and resource development.
International Relations – focus on the foreign policies of countries, international
organizations, and international law in order to learn more about the interactions among states.
To a large extent it is the study of the macro-politics of states. It is primarily concerned with
comparing the politics and government of different states. It is a very wide field with many
subdivisions.

Political Science, Its Relation to Other Disciplines

As one of the social sciences, political science has close relationships to other disciplines.
Political Science, especially in its investigations of political phenomena and problems, is
dependent upon other studies which are generally spoken of as the auxiliaries of political science.

1. Political Science and History – is a record of past events and movements, their causes and
inter-relations. Much of the raw material of political science is supplied by history. From the data
of history, political scientist selects and coordinates facts with a view to their special significance
in explaining the nature of the state. The study of political science and history are mutually
contributory and supplementary. Professor Seeley says: “Political science without history is hollow
and baseless: or to put in in a rhyme: history without political science has no fruit and political
science without history has no root”.

2. Political Science and Economics - Political Science is related to economics obviously by the
fact that economic policies often require state action for their fulfillment and less obviously,
because political action is affected to an important, though undetermined, degrees by economic
factor. Some political scientists observed that Political stability of a state depends upon its
economy. Economics, as a widened field of knowledge, provides informational data that
significantly affect the organization, development and activities of the state. Conformably to these
data as a result, the state may enact laws that would modify or improve economic conditions.
(Gettell, Political Science, p. 12)

3. Political Science and Psychology – The development of the study of psychology has been
going on along with its increasing usefulness in the solution of many problems of the state.
Psychology has been rendering invaluable aid to the government in the management of the affairs
of the stage. Psychologist have been employed in courts in the trial of criminal cases; they have
been employed in the examination and diagnosis of criminals and in the classification of the
feeble-minded for treatment. Studies in psychology have traced the formation of many of our
cherished political notions to the results of custom, tradition and imitation. (Aruego and Aruego-
Torres, Principles of political science, p. 8)

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 4. Political Science and Sociology – Political science is a specialized social science dealing
with man as a political animal, which is one part of his total social life. (Gettell, Political Science,
p.12) Whereas, sociology as a general science deal with the social aggregate and attempts to
discover the facts and laws of social life as a whole. Since political science is concerned with the
most inclusive human associations it may be thought of as a subdivision of sociology, which is
the study of the phenomenon of association in general. Sociology attempts to explains how end
why man became a political animal and how his political life is affected by his membership in other
forms of association.

5. Political Science and Anthropology – Anthropology, dealing with the study of the physical
character of man, his historical and geographical distribution, his racial division, environmental
and social relations and his cultural development, contributes valuable material to the study of
political science. (Gettell, p. 11)

The data given by anthropology on the ideas, customs and organizations of the primitive man
shed light on the theories on the origin of the state and how political thoughts and institutions
have been developed.

6. Political Science and Philosophy and Ethics – The concepts and doctrines about the state
are important to the specialist in academic philosophy and political scientist. The concepts are
the underlying forces in the framing of constitutions and laws. The political scientist considers
ethic too, when he contemplates the normal background in proposed changes in special
legislations. (Jacobsen and Lippmann Political Science, p. 4)

7. Political Science and Geography – strategic frontiers, population pressure, colonial

expression, sphere of influence and source of raw materials are fundamentals concern of political
scientist and geographers. Geographers (a science concern with the study geography, etc. upon
domestic and foreign policies) indicate one approach which a political scientist frequently must
adopt to help explain such problems as early growth or retardation of democracy or the rise of
authoritarianism in some countries.

8. Political Science and Law And Jurisprudence - To maintain a full understanding of the facts
of political life, the political scientist has to combine legal with the extra- legal viewpoints. A
Comprehension of the nature of law (and of statutes, enacted by the legislature) is indispensable
to the political theorist. Law and state are inseparable.

9. Political Science and Statistics and Logic – The political theories must possess a broad
scientific background and a knowledge of current political problems, and he must employ scientific
method in gathering and evaluating data in drawing conclusions. This involves the proper
application of statistical phenomena and of logical procedures for the analysis of reasoning.

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Political Science, A Separate Discipline
Until about a century ago that is now called political science was a part of “moral
philosophy” and thus not very far removed from theology. Political science is integrated with other
disciplines such as history and Political Economy. Its appropriation of the term “science” result
from the optimism
which followed the early successes of the natural and physical science.

Political science however, declared its independence as a distinct/ and separate discipline
when in 1856 Columbia Collage change its Professional Chair of History and Political Economy
into Chair of History and Political Science. This was made upon the request of Professor Francis
Lieber, a German-American scholar who wrote Manual of Political Ethics in 1836. (Zaide and
Zaide, p. 2-3) The claim of political science to be an independent discipline is justified by the
demands of specialization, as well as the unique importance of the state.

Function of Political Science

The functions of political science are to understand politics, in particular democratic politics.
Political science presents the results of this research, providing information on both processes and
outcomes. This enables voters and other members of society to obtain knowledge about political
systems. Political sciences also refer to theories and ideologies behind politics and policy-making. It
studies political parties, institutions and the government. It also compares different political systems
and shows the decision-making process within the government.

The functions of political science are:

 to discover the principle that should be adhered to in public affairs and

 to study operations of government in order to demonstrate what is good, to
criticize what is bad or inefficient, and to suggest improvements.

Lesson 1
Exercises:

1. Define Politics.
2. What is Political Science and why do you think it is necessary to study this.
3. Enumerate the Fields of Modern Political Science and discuss each briefly.
4. Discuss how political science is related to other disciplines
5. What are the functions of political science

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Lesson 2 Fundamentals of State

Learning Objectives:
When you finish this lesson, you will be able to do the following:

1.Understand the concept of nation and state.

2.Identify and discuss the essential elements of state
3.Distinguish state from nation and government.
4. Compare and contrast the inherent powers of the state
5..Discuss the theoretical basis/origin of states

Introduction

Some contemporary Scholars like Quentin Skinner define the state today as "a locus of
power distinct from either the ruler or the body of the body of the people." (Skinner, Foundations
of Modern Political Thought, II, p.355). Yet, others would argue that the potency of the word "state"
derives from the fact that it means both ruler and people. In other words, the state is at the same
time loved for its promise of order and stability for the whole community and feared for its threat
of coercion by the power which does the ordering. Both schools of thought may be right for there
is no universal definition of the concept. But no intellectual discussion about the concept of the
state is complete without a review of the writings of St. Thomas Aquinas and Martin Luther. First,
and most important, St. Thomas Aquinas arguably was the first to formulate the concept of the
state as the "set order of the rulers" at the heart of every stable commonwealth. The general
concept which was necessary before the name could be attached to a particular form of
government in Aristotle's framework. Second, Martin Luther continued to evolve the concept of
the state in terms of how he saw a division of labor between Church (or spiritual power) and those
things temporal—the state—and how the ruler, without direct intervention from the Church, should
govern it with respect to his nobles and, above, all the common good of the people of his realm.

Aquinas establishes early on that the state is a natural institution (very different from
Augustine whose ideas prevailed up to this point in history) because "la naturaleza del hombre
[es] ser un animal sociable y politico que vivien sociedad." (Aquinas, La Monarquia, I, p. 7) And
he goes on to affirm that man must live in societies to achieve fulfillment "porque un sol hombre
por si mismo no puede bastarse en existencia" (Aquinas, La Monarquia, I, p. 7).

National territory of the Philippines

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
(Section 1, Article I)

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Image via : GMA News, ref. DFA, UNCLOS (public domain)

Definition of Terms

The following territorial areas are defined by the provisions of the United Nations Convention on
the Law of the Seas (UNCLOS):

Internal waters cover all water and waterways on the landward side of the baseline. The
coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no
right of passage within internal waters.

Territorial waters is set out to 12 nautical miles from the baseline, the coastal state is free to
set laws, regulate use, and use any resource. Vessels were given the right of "innocent
passage" through any territorial waters, with strategic straits allowing the passage of military
craft as "transit passage", in that naval vessels are allowed to maintain postures that would be
illegal in territorial waters.

Innocent passage is defined by the convention as passing through waters in an expeditious and
continuous manner, which is not “prejudicial to the peace, good order or the security” of the
coastal state.

The Insular shelves (or continental shelves) the submerged border of a continent or island,
varying with and degree of slope, which separates the land mass from the ocean depths.

(Black’s Law Dictionary’p.8 )

Exclusive Economic Zone (EEZ). Extending to a distance of 200 nautical miles from the
baseline. Within this area, the coastal nation has sole exploitation rights over all natural

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resources. The EEZ was introduced to halt the increasingly heated clashes over fishing rights,
although oil was also becoming important.
Internal waters cover all water and waterways on the landward side of the baseline. The coastal
state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of
passage within internal waters.

Territorial Waters, Is set out to 12 nautical miles from the baseline, the coastal state is free to
set laws, regulate use, and use any resource. Vessels were given the right of "innocent passage"
through any territorial waters, with strategic straits allowing the passage of military craft as "transit
passage", in that naval vessels are allowed to maintain postures that would be illegal in territorial
waters.

Contiguous zone extends beyond the 12 nautical mile limit there was a further 12 nautical miles
or 24 nautical miles from the territorial sea baseline limit, the contiguous zone, in which a state
could continue to enforce laws regarding activities such as smuggling or illegal immigration.

Archipelagic doctrine is embodied in the last sentence of Section 1, Article I of the 1987 Philippine
Constitution, "the waters around between connecting the islands of the archipelago, regardless
of their breadth & dimension form part of the internal waters of the Philippines”.

Imaginary straight lines are drawn joining the outermost points of the outermost islands of the
archipelago, enclosing an area the ratio of which should not be more than 9:1 (water to land);
provided that the drawing of baselines shall not depart, to any appreciable extent, from the general
configuration of the archipelago. The waters within the baselines shall be considered internal
waters, while the breadth of the territorial sea shall then be measured from the baselines.
(Nachura, Outline/Reviewer on Political Law)

State defined
A state is a community of persons, more or less numerous, permanently occupying a definite
portion of territory, independent of external control, and possessing a government to which a great
body of inhabitants render habitual obedience (Collector of Internal Revenue v. Campos Rueda)

State distinguished from a Nation

A nation is a group of people bound together by certain characteristics such as common social
origin, language, customs and traditions, and who believe that they are one and distinct from
others. (De Leon, Textbook on the Philippine Constitution).

In common usage, the terms are often used interchangeably. However, a state is a political
concept while a nation is an ethnic concept. A state may consist of one or more nation. For
example, the United States of America is a melting pot of several nationalities and conversely, a
single nation may be made up of several states such asthe Arab Nation which is divided into

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several states such as Saudi Arabia, Jordan, Syria, Lebanon etc.(De Leon, Textbook on the
Philippine Constitution)

State distinguished from Government

A government is only the instrument through which the will of the state is expressed. It can exist
without the state while the state cannot exist without a government.

A government may change, its form may change, but the state, as long as its essential elements
are present, remains the same.
(Government comes from the term govern. From Old French governer, derived from Latin gubernare "to
direct, rule, guide, govern".)

Inherent Powers of the State

1. Police Power
It is defined as the power of promoting the public welfare by restraining and regulating the use of
liberty and property (Freund). It is the Inherent and plenary power of the state which enables it to
prohibit all that is hurtful to the comfort, safety and welfare of society (Ermita-Malate Hotel and
Motel Operators Association, Inc v Mayor of Manila)
2. Power of Eminent Domain
It is the government’s coercive authority, upon just compensation, to forcibly acquire a property
to devote it to public use.
3. Power of Taxation. It is the power to raise revenues

4 Essential Elements of state

(1) People- refers to the inhabitants of the State. It must be composed of both gender to allow
continuity through reproduction. It must be adequate in number for self- sufficiency and defense.

(2) Territory- is the portion of the earth’s surface permanently inhabited by the people of the state
composed of terrestrial, fluvial, maritime and aerial domains.
Passage - a concept in the law of the sea that allows for a vessel to pass through the
archipelagic and territorial waters of another state

Article 18.(UNCLOS) Meaning of passage

1. Passage means navigation through the territorial sea for the purpose of:

(a) Traversing that sea without entering internal waters or calling at a roadstead or port
facility outside internal waters; or

(b) Proceeding to or from internal waters or a call at such roadstead or port facility.
Internal waters are located on the landward side of the baseline and include lakes, rivers,
bays, historic waters, and many ports. A port, where cargo and passengers are loaded or
unloaded, is generally an integral part of the coastline.

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 2. Passage shall be continuous and expeditious. However, passage includes stopping
and anchoring, but only in so far as the same are incidental to ordinary navigation or are
rendered necessary by force majeure or distress or for the purpose of rendering
assistance to persons, ships or aircraft in danger or distress.

Innocent Passage Rule Article 19. (UNCLOS)

Passage is innocent so long as it is not prejudicial to the peace, good order or security of
the coastal State. Such passage shall take place in conformity with this Convention and
with other rules of international law.

The right of innocent passage is likewise exercisable in archipelagic waters and certain
straits used for international navigation.

The right of innocent passage only applies to foreign vessels. Aircraft in flight are not
entitled to innocent passage and thus aircraft must remain onboard vessels during
innocent passage.

Fishing, polluting, weapons practice, and spying are not “innocent", and submarines and
other underwater vehicles are required to navigate on the surface and to show their flag. Nations
can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing
so is essential for the protection of its security.

(3) Sovereignty – is the supreme power of the state to command and enforce obedience to
its will from people within its jurisdiction and corollarily to have freedom from foreign control
(De leon, 1991). It is the supreme absolute and uncontrollable power by which any state is
governed.

Two kinds of sovereignty:

 Internal Sovereignty – it is the power to control and direct the internal affairs of a country
such as the authority to enact, execute and apply laws. Under international law, internal
sovereignty is not a factor in determining whether an entity is a state.
 External Sovereignty – it is the power of an independent State to control and direct its
external affairs such as the authority to enter into treaties with other state, to wage war,
and to receive and send diplomatic missions.

(4) Government - is the agency or instrumentality through which the will of the State is
formulated, expressed and realized (US v. Dorr)

(5) Recognition - The territory that is called a state should be recognized by other states and all
existing international organizations. The international recognition prevents the breaking out of
wars, violation of boundaries, and other interference in the life of the state. It is an act which gives
a state an international status. (Definite Territory, Government. Capacity to enter into relations
with other States

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Government of the Philippines defined
The corporate governmental entity through which the functions of government are
exercised throughout the Philippines, including, save as the contrary appears from the
context, the various arms through which the political authority is made effective in the
Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal
or barangay subdivisions or other forms of local government [Section 2 (1), Administrative
code of 1987)
The word government is derived from the Latin infinitive gubernare, meaning "to govern"
or "to manage". In parliamentary systems, the word "government" is used to refer to what
in presidential systems would be the executive branch. In parliamentary systems, the
government is composed of the prime minister and the cabinet. In other cases,
"government" refers to executive, legislative, judicial, bureaucratic, and possibly also
devolved powers.

Elements of governance
ADB (Asian Development Bank) clarifies its concept of governance by identifying four
elements. These are accountability, participation, predictability and transparency.

 Accountability Public officials must be answerable for government behavior, and

responsive to the entity from which their authority is derived.

 Participation refers to the involvement of citizens in the development process.

Beneficiaries and groups affected by the project need to participate so that the
government can make informed choices with respect to their needs, and social
groups can protect their rights.

 Predictability A country's legal environment must be conducive to development. A

government must be able to regulate itself via laws, regulations and policies, which
encompass well-defined rights and duties, mechanisms for their enforcement, and
impartial settlement of disputes. Predictability is about the fair and consistent
application of these laws and implementation of government policies.

 Transparency refers to the availability of information to the general public and

clarity about government rules, regulations, and decisions. It can be strengthened
through the citizen’s right to information with a degree of legal enforceability.
Transparency in government decision-making and public policy implementation
reduces uncertainty and can help inhibit corruption among public officials.

Functions of the government, in general, are classified into:

 Constituent (governmental) which are mandatory to perform for the Government
such as maintenance of peace and order, regulation of property and property rights,
administration of justice, etc.

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  Ministrant (proprietary) which are optional and intended to promote the
welfare, progress and prosperity of the people.

Forms of government
Classified according to:
(a) Number of persons exercising sovereign powers
 Monarchy: supreme and final power is in the hands of a single person and
further classified as (1) absolute monarchy and (2) limited monarchy.
 Aristocracy: political power is exercised by a few privileged class.
 Democracy: political power is exercised by a majority of the people and further
classified as (1) direct or pure democracy or (2) indirect, representative or
republican democracy.

(b) Extent of powers exercised by the central or national government

 Unitary government is a form of government where the control over national
and local affairs is exercised by the central or national government.
 Federal government is where the powers of the government are divided
between the national and the local government.

(c) Relationship between the executive and the legislative branches

of the government.

1. Parliamentary government is distinguished by the head of government being

dependent on the direct or indirect support of the parliament, often expressed through a vote
of confidence. Hence, there is no clear cut separation of powers between the legislative and
executive branches of government. Parliamentary systems usually have a clear differentiation
between the head of government and the head of state.

2. Presidential government indicates a system wherein the offices of the head of the
government and head of state are combined in a single man―the President. The entire
executive power is vested in the President and all government action is his responsibility. The
presidential system provides for a Chief Executive who is elected for a definite term of office,
who holds a wide public mandate as a result of his election, and who is largely independent
of the legislative branch for the conduct of his administration. He is both Chief of State and
political leader of the government.

(d) extent of people’s participation

 Totalitarian government is total government. It controls all aspects of the
people’s life. It may have promised to extend certain rights to the people,
but these rights exist only on paper. In reality the people have no rights
under a totalitarian state; they exist for the use of the state not vice versa.
(e.g. Communism)

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  Authoritarian government is less harsh, by comparison, in governing its
people than a totalitarian one. Its political power rests on some absolute
authority, and it does not recognize the sovereignty of the people but at the
same time allows them some civil rights limited though those may be.

Lesson 2
Exercises:
1.Enumerate and discuss briefly the essential elements of state.
2.Distinguish state from nation and government
3.What are the inherent powers of the State? Discuss each.
4.Differentiate internal waters from territorial waters.
5.What is the importance of recognition of a state?
6.Discuss the archipelagic doctrine

Lesson 3 Understanding the Fundamental Law

Learning Objectives:

When you finish this lesson, you will be able to do the following:
1. Define constitution
2. Identify the different types of constitution
3. Determine the origin and sources of the Philippine constitution
4. Discuss the characteristics of a good written constitution
5. Describe the 1987 Philippine Constitution and its parts

Introduction
A constitution is a set of fundamental principles or established precedents according to
which a state or other organization is governed. When these principles are written down into a
single collection or set of legal documents, those documents may be said to comprise a written
constitution.Constitutions concern different levels of organizations, from sovereign states to

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companies and unincorporated associations. A treaty which establishes an international
organization is also its constitution in that it would define how that organization is constituted.
Within states, whether sovereign or federated, a constitution defines the principles upon which
the state is based, the procedure in which laws are made and by whom. Some constitutions,
especially written constitutions, also act as limiters of state power by establishing lines which a
state's rulers cannot cross such as fundamental rights.

Constitution defined
That body of rules and maxims in accordance with which the powers of sovereignty are
habitually exercised (Cooley, Constitutional Limitations).

Classified according to:

(1) Origin and history
a. Conventional (Enacted) or Cumulative (evolved)
A conventional constitution is an enacted constitution, formally struck off at a definite
time and place following a conscious or deliberate effort taken by a constituent body or
ruler while cumulative or evolved constitution is the result of political evolution, not
inaugurated at any specific time but changing by accretion rather than by any systematic
method (Cruz, Constitutional Law)

(2) Form
a.. Written or unwritten
b. written constitution is embodied in one document or set of documents while an
unwritten constitution consists of rules which have not been integrated into a single,
concrete form but are scattered in various sources (Cruz, Constitutional Law)

(3) Manner of amendment

a.Rigid (Inelastic) or flexible(elastic)
A rigid constitution is one that can be amended only by a formal and usually difficult
process while a flexible constitution can be changed by ordinary legislation (Cruz,
Constitutional Law)

Constitution of the Philippines defined

That written instrument enacted by direct action of the people by which the fundamental powers
of the government are established, limited and defined, and by which those powers are distributed
among the several departments for their safe and useful exercise for the benefit of the body politic
(Malcolm, Philippine Constitutional Law).
The 1987 Philippine Constitution may be classified as conventional or enacted, written and rigid
or inelastic.

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Qualities of a Good Written Constitution
A good written constitution must be :
1. Brief - It must focus on basic principles leaving details for the legislature to supply.

2. Broad- It must be comprehensive to provide for the organization of the entire

government. It must Cover all persons and things within the territory of the State
and also any future contingencies.

3. Definite- It must prevent any vagueness or ambiguity in its provisions which may cause
incalculable harm.

BRIEF HISTORY OF THE PHILIPPINE CONSTITUTION

Malolos Constitution
The Malolos Constitution was adopted by the Revolutionary Congress, held during October and
November 1898 in the village of Barasoain near the city of Malolos. It took effect on Jan. 21, 1899.
The constitution assigned to the legislative body, a unicameral national assembly, full control over
the executive power (a president elected by the national assembly) and the judicial system. The
constitution provided for universal and direct elections, the separation of church and state,
compulsory and free education, and equal legal status for the languages of all the Philippine
nationalities. It precisely delimited the rights of citizens. (Guber, 1961)

Organic Acts
Philippine Bill of 1902 created a bicameral legislature composed of the Philippine Assembly
and the Philippine Commission

Jones Law Otherwise known as the Philippine Autonomy Act which authorized the
establishment of the Commonwealth of the Philippines

Tydings-Mcduffie Act Also referred as the Philippine Independence Act authorized the drafting
of a Constitution for the Philippines, the establishment of a Commonwealth Government and,
after 10 years, independence. (Nachura, Outline/Reviewer in Political Law)

1935 Constitution
The 1935 Constitution of the Philippines served as the fundamental law of the land from 1935 to
1972. It establishes the Commonwealth of the Philippines and provides that upon withdrawal of
American sovereignty in the country and the declaration of Philippine independence, said
commonwealth shall be known as the Republic of the Philippines. The Constitution enumerates
the composition, powers and duties of the three branches of government (the Executive,
Legislative and Judicial), creates the General Auditing Office, and lays down the framework in the

16 | P a g e
establishment of the civil service in the country. The Constitution vests the President with the veto
power on legislative bills and emergency powers in times of war and other national emergencies.
Also, the Constitution adopts the Regalian Doctrine or the Principle of State ownership for
all its natural wealth and provides for the proper utilization of such wealth by its citizens. (Javier
and Nera, Filipiniana.net)

1973 Constitution
The 1973 Constitution as amended, consists of a preamble and 17 articles, contains three
essential parts: Part I) constitution on liberty in Articles II, III, IV, and VI; Part 2) constitution on
government, which contains provisions on the organization and powers of the government (Arts.
VII to XII); and Part 3) the constitution on sovereignty, which enumerates the manner by which
changes in the constitution may be instituted (Art. XVI). The Constitution provides for a
[seemingly] parliamentary form of government, where the President is the symbolic head of state
and the Prime Minister is the head of government. The Prime Minister, who is nominated by the
President, acts as head of the Cabinet. Legislative power is vested in the Batasang Pambansa.
It also provides for the establishment of the Civil Service Commission, the Commission on
Elections, and the Commission on Audit.

On 22 September 1976, Pres. Ferdinand Marcos issued Presidential Decree No. 1033 which
proposed certain amendments to the 1973 Constitution. These proposals were later ratified and
included in the 1973 Constitution. The amendments provide for the replacement of the National
Assembly with the Batasang Pambansa; it also states that the incumbent President of the
Philippines shall be the Prime Minister, and shall continue to exercise both executive and
legislative powers until Martial Law is lifted. (Vera, Filipiniana.net)

1987 Constitution
Pres. Corazon C. Aquino through Proclamation No. 9, issued on 23 April 1986, order the
convening of a Constitutional Commission to draft a constitution that will replace the 1973
Constitution. The members of the Constitutional Commission (ConCom) were appointed on 26
May 1986 and on 2 June, the ConCom, headed by Cecilia Muñoz-Palma, commenced its
sessions at the Batasang Pambansa in Quezon City. The ConCom completed their task on 12
October 1986 and presented the draft constitution to Pres. Aquino on October 15. After a period
of nationwide information campaign, a plebiscite for its ratification was held on 2 February 1987.
An overwhelming 17,059,495 voted to ratify the constitution while 5,058,714 voted against it. On
11 February 1987, the New Constitution was proclaimed ratified and in effect. On that same day,
President Aquino, the other government officials, and the military pledged allegiance to the New
Constitution. (Javier, Filipiniana.net)

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Essential Parts of a Good Written Constitution
A good written constitution should contain at least 3 essential parts as follows:
1. Constitution of Government
provisions dealing with the framework of the government, enumerating its powers, laying down
certain rules relative to its administration and defining the electorate (e.g.: Article VI, VII, VII and
XI etc.)
2. Constitution of Liberty

prescriptions setting forth the fundamental rights of the people and limiting the powers of the
government as a means of securing the enjoyment of these rights. (e.g.: Article III etc.)

3. Constitution of Sovereignty
series of provisions pointing out the mode or procedure for amending or revising the constitution
(e.g.: Article XVII).

Changing the Constitution

Changes in the constitution can be classified as (1) amendment or (2) revision
Amendment refers to a change that adds, reduces, deletes, without altering the basic
principles involved. It affects only the specific provision being amended. (Lambino v.
COMELEC, 25 October 2006)
Revision implies change that alters a basic principle or substantial entirety of the
Constitution. It affects several provisions in the Constitution. (Lambino v. COMELEC, 25
October 2006)

Steps in the amendatory process include:

1. Proposal (Section 1-3, Article XVII): The adoption of the suggested change in the constitution. A
proposed amendment may come from:

a. Constituent Assembly: Congress by a vote of ¾ of all its members

b. Constitutional Convention: may be called into existence by 2/3 vote of all the
members of Congress or, by the people in a plebiscite (Section 3, Article XVII)
c. People’s Initiative: requires a petition of at least 12% of the total number of registered
voters with each legislative district represented by at least 3% of the registered voters
therein.

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 Limitations: No amendment in this manner shall be authorized within five years following
the ratification of the 1987 Philippine Constitution nor more often than once every five
years thereafter. People initiative applies only to an amendment and not a revision of the
Constitution.

2. Ratification: Proposed amendment shall become part of the Constitution if ratified by a majority
of the votes cast in a plebiscite held not earlier than 60 days nor later than 90 days after the
approval of the proposal by Congress or the Constitutional Convention, or after the certification
by the Commission on Elections of the sufficiency of the petition for initiative under Section
2, Article XVII (Section 4, Article XVII)

Lesson 3
Exercises:
1. Define the Philippine Constitution.
2. Discuss the advantages and disadvantages of a written, conventional and inelastic
constitution
3. Discuss the brief history of the Philippine Constitution.
4. Discuss the Regalian Doctrine
5. Give examples of constitutional provisions on government, sovereignty and liberty

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LESSON 4 THE PHILIPPINE GOVERNMENT

Learning Objectives:

When you finish this lesson, you will be able to do the following:

1. Describe the structure of the Philippine Government

2. Enumerate the three branches of the Philippine Government; understand their
functions. and differentiate their powers.
3. Comprehend the doctrine of separation of powers and a system of checks and
balances.

4. Realize the importance of the powers and functions of the different Constitutional
Commissions and other government instrumentalities.
5. Explain, and distinguish the powers and functions of the three Constitutional
Commissions.
6. Analyze the effectiveness and efficiency of the carrying out of the functions by the
government.

Introduction
Section 1, Article II of the Constitution of the Republic of the Philippines declares that the
country is a democratic and republican state and that all government authority emanates from the
people. There are three co-equal branches of the government established by the
Constitution, the legislative, executive, and judicial. To maintain this balance, each department
operate under the doctrine of separation of powers and a system of checks and balances.

Separation of Powers
Each department of the government has exclusive cognizance of the matters within its jurisdiction,
and is supreme within its own sphere. But it does not follow from the fact that the three powers are
to be kept separate and distinct that the Constitution intended them to be absolutely
unrestrained and independent of each other.

Principle of separation of powers: legislation belongs to Congress, execution of laws to the

Executive, and interprets the laws; settlement of legal controversies to the Judiciary. The
intention is to prevent the concentration of power and provide for checks and balances

Checks and balances

Under the system of checks and balances, one department is given certain powers by which it may
definitely restrain the others from exceeding constitutional authority, may object or resist any
encroachment upon its authority, or it may question, if necessary any act which unlawfully
interferes its sphere of jurisdiction and authority (Suarez 2005)

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This means that each branch has some power to check, to restrain or change some actions by
the other branches..

LEGISLATIVE BRANCH (Article VI)

Illus. LEGISLATIVE BRANCH

CONGRESS

SENATE (24 senators) *House of Representatives

(250 members or as
Head: Senate President prescribed by law)
*Party list

•
• representative
As expressly provided for by Setion 1,Article VI of the Constitution, legislative Power shall be
(Head: Speaker
vested in the Congress of the Phillipines, which shall consist of the and a House of
of a Senate
Representatives, except, to the extent reserved to House)
the people by the the provision on initiative
and referendum.

Initiative – is the power of the people to proposed bills and laws, and to enact or reject them at
the pollsindependent of legislative body(Black’s law dictionary,p.9223)
Referendum – is a method of submitting an important legislative measures to a diret vote of the
people (Black’s law dictionary,p.9223)

Legislative power - is the power of congress to make, alter, or repeal laws

Power to make law Power to Alter law- Power to repeal law-

(e.g. Congress passed (e.g. Congress passed (e.g.Congress in the exercise of

RA7659 defining the act of
acquiring ill-gotten wealth in
the amt. of P75 million as a
crime of plunder & imposing
the penalty of life
imprisonment.)
RA7659 defining the act of
acquiring ill-gotten wealth in
the amt. of P75 million as a
crime of plunder & imposing
the penalty of life
imprisonment.)
power enacted RA8368
(squatting is no longer a
crime)repealing PD
772(squatting is a crime).

Note: e.g. – Latin phrase exempli gratia meaning “for example”

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 Classification of Powers of Congress

1. Legislative - General legislative power [e.g appropriation, taxation, expropriation]

2. Non-legislative- specific power [e.g. declare existence of war, to impeach]
3. Implied Power – are those powers essential or necessary to the effective exercise of the
powers expressly granted
4. Inherent Power – are the powers which are possessed and can be exercised by every
govt. because they exist as an attribute of sovereignty.

In parliamentary systems of government, the legislature is formally supreme and appoints

a member from its house as the prime minister which acts as the executive.

In a presidential system, according to the separation of powers doctrine, the legislature is

considered an independent and coequal branch of government along with both the judiciary and
the executive.

The primary components of a legislature are one or more chambers or houses; assemblies that
can debate and vote upon bills. A legislature with only one house is called unicameral, while a
bicameral legislature possesses two separate chambers, usually described as an upper house
and a lower house,

Philippine Legislature (Congress of the Philippines)

SENATE (Upper House)

Composition
Twenty-four (24) senators elected at large. (Sec. 2, Article VI)
Qualifications. (See Illus. below Section 3, Article VI)

Term of Office
Six years, commencing at noon on the 30th day of the next following their election provided that
no Senator shall serve for more than two consecutive terms. Voluntary renunciation of office for
any length of time shall not be considered an interruption in the continuity of his service for the
full term for which elected (Section 4, Article VI).

HOUSE OF REPRESENTATIVES (Lower House).

Composition
Not more than 250 members, unless otherwise provided by law, consists of:

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 1. District representatives elected from legislative districts apportioned among the
provinces, cities and the Metropolitan Manila area. (Section 5, Article VI)

2. Party-list representatives who shall constitute twenty per centum of the total number of
representatives elected through the party-list system. (Section 5, Article VI) (selection or
election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and
other sectors as may be provided by law, except the religious sector)

Qualifications / Term of Office (See Illus.below,Sec.6)

A representative shall serve for three years, commencing at noon on the 30th day of June next
following their elections provided no representative shall serve for more than three consecutive
terms. (Section 7, Article VI)

Party-List Nominees –must be a bona fide member of the party or organization which he
seeks to represent for at least ninety (90) days preceding the day of the election,
Youth sector - must at least be twenty-five (25) but not more than thirty (30) years of age
on the day of
the election. Any youth sectoral representative who attains the age of thirty during his
term shall be allowed to continue until the expiration of his term.

Illus. (Sec.3 to Sec.7,Art.VI)

CONGRESS AGE CITIZENSHIP EDUCATION RESIDENCY TERM OF

OFFICE
Of the
Philippines

Senate 35 yrs. Of Natural born Able to read Not less than 6 yrs.
age on the & write 2yrs.immediately Disqualified to
(Upper day of citizen Preceding the serve for more
chamber) election day of the than 2
election consecutive
(Sec.3, terms
Art.VI)
(24 Senators)
(sec.4 Art.VI)

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 -same- -same--

House of 25 yrs.of Resident of the Not more than

Representative age on the district where he 3 consecutive
day of intends to be terms
/ Party List election elected of a
period of not less
(Lower
than 1 yr.
Chamber) (Sec. 7 Art.VI)
(Sec.6,
250 members Art.VI)
(except for a
or as
party list
prescribed by
representative)
law)

Regular election - 2nd Monday of May (Sec. 8)

Vacancy in the Senate or in the House of Representative (Sec. 9)

A Special election may be called to fill such vacancy in the manner prescribed by law
(shall serve only for the unexpired) term)

Salaries of Senators & members of the House of Representatives (Sec. 10)

 Determined by law
 No increase in compensation shall take effect until after the expiration of the full
term

Privileges of Members (Sec. 11, Article VI)

 Freedom from arrest A Senator or Member of the House of Representatives shall, in all
offenses punishable by not more than six years of imprisonment, be privileged from arrest
while Congress is in session. The purpose of the privilege from arrest is to enable

members of the Congress to attend session of Congress and discharge their duties
adequately without any stigma of fear and to ensure representations of their constituents
unmolested. Otherwise, the people will be deprived of their voices in the hall of Congress.

 Privilege of speech and debate No member shall be questioned nor be liable in any
other place for any speech and debate in Congress or in any committee thereof. This refer
to utterances made in the performance of his official functions while the Congress is in
session (e.g. speeches delivered, statements made, or votes cast in the Hall of Congress)

Note: “While in session” refer to a situation where the Congress has not adjourned, whether or
not the member of the Congress is attending the session.

24 | P a g e
 Immunity cannot be invoked when:

1. The offense is punishable by more than six (6) years imprisonment.

2. The offense was committed while Congress is no longer in session.

Disclosure of financial interest (Sec.12)

In case a member a member of Congress withholds or hide any information of his interest he may
be Disciplined, Suspended, or Expelled by the chamber where he belongs. This rule applies even
to new business interest.

Disqualification of members of Congress - to hold any other office or employment in the

Government or any subdivision, agency, or instrumentality thereof, including government-owned
or controlled corporation or their subsidiaries during his tenure without forfeiting his seat.
(Sec. 13)

Two Classes of Office

 Incompatible office – Any kind of office or employment in the Government or
any subdivision, agency, or instrumentality thereof, including government-owned
or controlled corporation or their subsidiaries during his tenure.
-Any office or employment created while he was a member of the Congress,
during his actual incumbency.

 Forbidden Office - Any office created of which the emoluments have been
increase while he was a member of the Congress

Prohibitions/Disqualifications on the Members of Congress (Sec. 14)

1. Appearance as counsel before any court of justice
2. Financial interest in any contract in the government
3. Financial interest in any special privilege granted by the government
4. Intervene in certain matter

Sessions of Congress

1. Regular session – once every year on the 4th Monday of July

2. Special session _ called by the President when Congress is in recess

*Executive sessions – secret meetings of Congress or any of its committees, held if the
issue involves national security

25 | P a g e
Election of Officers of Congress by a majority vote of all its respective members.
(Sec.16)
 Election of : Senate President , and Speaker of the House of Representatives
Each House shall choose such other officers as it may deem necessary

Senate President & Speaker of the House of Representatives do not have a fixed term
(Pro Tempore position) and may be replaced at any time at the pleasure of a majority of
all its members at their respective chamber.

 A majority of each House shall constitute a Quorum to do business, buta smaller number
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.

Quorum - any number sufficient to transact business

(1/2 + 1 of the members of a body) majority of the body

*suspendedmembers
*Members outside of the Philippines not counted

Absence of Quorum
 Adjourn from day to day
 Compel attendance of absent members
 Issue orders of arrest of the absent members
 Choose an acting Senate President/Speaker of the house of representatives as an
emergency measure

 Each House may determine the rules of its proceedings.

 Punish Members for disorderly behaviour w/ concurrence of two-thirds of all its
members
 Suspend or expel a Member (penalty of suspension shall not exceed sixty days)

 Each House shall keep Journal of its proceedings and from time to time publish the
same.
excepting such parts that affect national security; and the yeas & nays on any question
shall at the request of 1/5of the Members present, be entered in the Journal

 Adjournment by either House without consent of the other

Cannot adjourn for a longer period. Without this rule a House can delay or hold up the
work of legislation.

Electoral Tribunal in each House (Sec. 17)

- Which shall be the sole judge of all contests relating to the election, returns, and qualifications
of their respective Members,

26 | P a g e
 Composition – 9 members - 3 Justices of the Supreme Court
(designated by the Chief Justice)
-6 Members of the Senate or the House of Representatives

Commission on Appointments in Congress (Sec. 18)

Composed of 25 members – The President of the Senate as ex officio chairman

12 Senators & 12 members of the House of Representatives

Power or function - to approve or disapprove appointments submitted to it by the

President. It must act on all such appointments, by a majority vote of all the members,
within 30 session days of Congress from their submission.

Constitution of the Electoral Tribunal and the Commission on Appointments

(Sec.19) – Shall be constituted within thirty days after the Senate and the House of
Representatives shall have been organized with the election of the President and the Speaker.
The Commission on Appointments shall meet only while the Congress is in session, at the call of
its Chairman or a majority of all its Members, to discharge such powers and functions as are
herein conferred upon it.

Note: ex officio- is latin phrase which means “from the Office”; literally by virtue of one’s office

The records and books of accounts of the Congress (Sec.20)

1. Shall be preserved
2. Open to the public in accordance with law
3. Audited by the Commission on Audit (published annually an itemized list of amounts
paid to and expenses incurred for each Member)

POWERS of the Legislature:

LEGISLATIVE POWER It is the power conferred by the Constitution to propose,
enact, amend and repeal laws.

Passage of a Bill (Sec. 26)

 The Member of the House prepares and drafts the bill, or the Bill Drafting Division of the
Reference and Research Bureau does the same upon the member’s request. Bills and
proposed resolutions are required to be signed by their author or authors.
 First reading The bill is filed with the Bills and Index Service and the same is numbered
and reproduced. Three days after the filing, the same is included in the Order of Business
for First Reading. On First Reading, the Secretary General reads the title and number of
the bill. The Speaker then refers the bill to the appropriate committee/s.
 Committee consideration or action The Committee to which the bill was referred is
tasked to evaluate and determine the necessity of conducting public hearings. If public

27 | P a g e
 hearings are necessary, it schedules the time thereof, issues public notices, and invites
resource persons for the proposed legislation. If there is no need to conduct public
hearings, the bill is scheduled for Committee discussions. Based on the results of the
public hearings or Committee Discussions, the Committee may introduce amendments,
consolidate bills on the same subject matter, or propose a substitute bill. It then prepares
a corresponding Committee Report. The Committee approves the Committee Report
before its formal transmission to the Plenary Affairs Bureau.
 Second reading The Committee Report is registered and numbered by the Bills and Index
Service. It will be included in the Order of Business and referred to the Committee on
Rules, which then schedules the bill for consideration on Second Reading. Committee
Reports are prepared by the secretary of the Committee and duly approved by the
Chairman, Vice-Chairmen and members of the Committee. On Second Reading, the
Secretary General reads the number, title and text of the bill in the plenary session. The
period of sponsorship and debate and/or amendments may take place. Voting may be
through viva voce (verbal “aye” and “no” vote), counted by tellers, division of the House,
or nominal voting.
 Third reading The amendments, if any are engrossed or collated and printed copies are
reproduced. The engrossed bill is included in the Calendar of Bills for Third Reading.
Copies of the same are distributed to the House Members three days before its Third
Reading. On Third Reading, the Secretary General reads only the number and title of the
bill. A roll call or nominal voting is called. A Member is given three minutes to explain
his/her vote if he/she desires. Amendment of the bill is not allowed at this stage.The bill is
approved if majority of the House Members show an affirmative vote. If the bill is
disapproved, it is transmitted to the archives.
 Transmittal to the Senate The approved bill is sent to the Senate for its concurrence.
 Senate action The approved bill of the House undergoes the same legislative process
in the Senate.
 Conference committee A conference committee is formed and is composed of both
Members from each House (Congress and Senate) to settle, reconcile, and thresh out
differences on any provisions of the bill. A Conference Committee report is prepared and
signed by all conferees and the Chairman. It is then submitted for consideration or
approval of both Houses. Any amendments are not allowed.
 Transmittal to the President Copies of the bill signed by the Senate President and the
Speaker of the House of Representatives, and certified by both of the Secretary of the
Senate and the Secretary General of the House, are transmitted to the President.
 Presidential action If the bill is approved by the President, it is assigned a RA (Republic
Act) number and transmitted to the House where it originated. In case of a veto, the bill is
transmitted to the House where it originated, together with a message citing the reason
for the veto.
 Action on the approved bill The bill is reproduced and copies are sent to the Official
Gazette Office for publication and distribution to implementing agencies. It is then included
in the annual compilations of Acts and Resolutions.
 Action on vetoed bill The message is included in the Order of Business. If the Congress
decides to override the veto, both Houses shall proceed separately to consider the bill
or the vetoed item of the bill. If two-thirds (2/3) of the Members voted in
 favor of the bill, or its vetoed items, such bill or items shall become a law.

Note: Veto, meaning - veto is the latin word for “forbid” or “deny
Veto Power – constitutional right of the President to reject a proposal made by the law-making body

28 | P a g e
Constitutional Limitations
o Bills Originating Exclusively In the House Of the Representative
All appropriations, revenue or tariff bills, bills authorizing increase in public debt, bills of
local application, and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with amendments.
(Sec. 23, Article VI)

Revenue bill –the primary and specific purpose of which is to raise revenue
(e.g. raising the VAT rate and broadening its base; raising individual and corporate tax)
Tariff Bill – specifies the rates or duties to be imposed on imported articles
Bills authorizing increase in public debt- a bill providing for the issuance of bonds and
other forms of obligations to be paid with the proceeds to be derived from taxation and
other sources of government revenue. Under Republic Act No. 7553, the New Central Bank
Act, all internal and local borrowing by the national government and its political subdivisions,
including cities and municipalities, shall be subject only to the approval of the Bangko Sentral
ng Pilipinas.
Bills of local application-bill that affect a particular locality or municipality where only the
inhabitants of that locality will be affected or will profit thereby.
(e.g. Charter of a new city)

Private bills – a bill that serves a private interest or concern

(e.g. a bill granting honorary citizenship to a distinguished foreigner)

o Requirement of Subject and Title of Bill

Every bill passed by Congress shall embrace only one (1) subject which shall be
expressed in the title thereof. (Sec. 26, Article VI) The purpose of this constitutional
requirement is to prevent hodge-podge or log-rolling legislation

hodge-podge or log-rolling legislation – refers to any act containing several

subjects or unrelated matters combined together for the purpose of securing the
support of members of the legislature who favour any one of the subjects in
support of the entire act”.

o Requirement of Three Readings

No bill passed by either House shall become a law unless it has passed three (3)
readings on separate days (except Urgent bill), and printed copies thereof in its final
form have been distributed to its Members three days before its passage, except when

the President certifies to the necessity of its immediate enactment to meet a public
calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and
nays entered in the Journal. (Section 27, Article VI)

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 Urgent Bill - When the President certifies to the necessity of its immediate
enacment to meet public calamity or emergency {sec.26,(2)}

POWER OF APPROPRIATION The primary purpose of which is to make appropriation

of money from the National Treasury. Congress has the spending power or the “power
of the purse”.

Classification of Appropriation Measures

1. General appropriation – law passed annually intended to provide for the financial
operations of the entire government during one fiscal period
2. Special appropriation- designed for a specific purpose
(e.g. creation of fund for the relief of calamity victims)

Type of appropriations

1. Continuing appropriations
-refer to appropriations available to support obligations for a specified purpose or project,
such as multi-year construction projects which require the incurrence of obligations even
beyond the budget year (e.g. RA 8150, otherwise known as the Public Works Act of 1995)
-Legislation in the form of a joint resolution enacted by Congress, when the new fiscal year
is about to begin or has begun, to provide budget authority for government agencies and
programs to continue in operation until the regular appropriations acts are enacted.
2. Automatic appropriations -refer to all expenditures for (a) personnel retirement
premiums, government service insurance, and other similar fixed expenditures, (b)
principal and interest on public debt, (c) national government guarantees of obligations
which are drawn upon, provided, that no obligations shall be incurred or payments made
from funds thus automatically appropriated except as issued in the form of regular
budgetary allotments.

Constitutional Limitations
o Congress may not increase the appropriations recommended by the President for the
operation of the Government as specified in the budget. The form, content, and manner
of preparation of the budget shall be prescribed by law. (Section 25, Article VI)

Budget – a financial program of the National Government for a designated fiscal year

o Prohibition Against rider

No provision or enactment shall be embraced unless it relates specifically to some
particular appropriation therein. Any such provision or enactment shall be limited in its
operation to the appropriation to which it relates. (Section 25, Article VI)

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 Rider – a provision inserted in the general appropriation bill which does not
relate specifically to some particular appropriation therein.

o Transfer of Fund Prohibited

No law shall be passed authorizing any transfer of appropriations, however, the President,
the President of the Senate, the Speaker of the House of Representatives, the Chief
Justice of the Supreme Court, and the heads of Constitutional Commissions
may, by law, be authorized to augment any item in the general appropriation law for their
respective offices from savings in other items of their respective appropriations. (Section
25, Article VI)

o Discretionary Funds - appropriated for particular officials shall be disbursed only for
public purposes supported by appropriate voucher and subject to such guidelines as
prescribed by law.

o Prohibited Appropriation
No public money or property shall be appropriated, applied, paid, or employed, directly or
indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian
institution, or system of religion, or of any priest, preacher, minister, other religious
teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal institution, or government orphanage or
leprosarium. (Sec. 29, Article VI) (where the appropriation is intended purposely to benefit
a religious institution; Aglipay v. Ruiz)

POWER OF TAXATION Taxation is the act of levying the tax, i.e., the process or means
by which the sovereign, through its law-making body, raises income to defray the
necessary expenses of the government. It is merely a way of apportioning the cost if the
government among those who in some measures are privileged to enjoy its benefits and,
therefore, must bear its burdens. (71 Am Jur. 2nd 342; 1 Cooley 72-73).

Constitutional Limitations
The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive
system of taxation (Section 28, Article VI)

Uniformity in taxation - that persons or things belong to the same class shall be
taxed at the same rate.
Equality in Taxation – requires the tax imposed to be determined on the value
of the property.

The Congress may, by law, authorize the President to fix within specified limits, and subject to
such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage
and wharfage dues, and other duties or imposts within the framework of the national development
program of the Government.

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Charitable institutions, churches and personages or convents appurtenant thereto, mosques,
non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and
exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.

POWER OF LEGISLATIVE INVESTIGATION

A distinction has been made between the power to:
1.Conduct Inquiries in aid of legislation (Sec. 21, Article VI)
The Senate or the House of Representatives or any of its respective committees may conduct
inquiries in aid of legislation in accordance with its duly published rules of procedure. The
rights of persons appearing in, or affected by, such inquiries shall be respected. The aim of
which is to elicit information that may be used for legislation
2. Conduct Question Hour (Sec. 22, Article VI)
The heads of departments may, upon their own initiative, with the consent of the President, or
upon the request of either House, as the rules of each House shall provide, appear before and
be heard by such House on any matter pertaining to their departments. Written questions shall
be submitted to the President of the Senate or the Speaker of the House of Representatives at
least three days before their scheduled appearance. Interpellations shall not be limited to
written questions, but may cover matters related thereto. When the security of the State or the
public interest so requires and the President so states in writing, the appearance shall be
conducted in executive session. The objective of which is to obtain information in pursuit of
Congress oversight function. (Senate v. Ermita)

WAR POWERS
The Congress, by a vote of (2/3) two-thirds of both Houses in joint session assembled, voting
separately, shall
a) have the sole power to declare the existence of a state of war
defensive war and not aggressive war in consonance with the constitutional
provision renunciation of war as an instrument of national policy under (Art.II sec. 2)
b) Delegation of emergency power to the President In times of war or other national
emergency, for a limited period and subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a declared national policy. Unless
sooner withdrawn by resolution of the Congress, such powers shall cease upon the next
adjournment thereof.

CONCURRENCE POWER
The power to grant amnesty by the President with the concurrence of a majority of all the Members
of the Congress. (Sec. 19, Article VII)

No treaty or international agreement shall be valid and effective unless concurred in by at least
two-thirds of all the Members of the Senate. (Sec. 21, Article VII)

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 OTHER POWERS
1. Power to call special elections for President and Vice President (Section 10, Article
VII)
2. Power to judge the Presidents physical fitness to discharge the functions of his office
(Section 11, Article VII)
3. Power to revoke or extend suspension of the privilege of the writ of habeas corpus
or declaration of martial law (Section 18, Article VII)
4. Power to concur certain appointments made by the President
5. Power of impeachment (Section 2, Article XI)
6. Power relative to natural resources (Section 2, Article XII)
7. Power to propose amendments to the Constitution (Section 1 and 2, Article XVII)

Quiz

(Legislative Branch) If you are a member of the Congress what bill will you
propose? Discuss how it will become a law.

EXECUTIVE BRANCH (Article VII)

Introduction

The Executive Branch has sole authority and responsibility for the daily administration of
the state. It is headed by a President who is the head of the state as well as the head of the
government.

Under the present Constitution, the executive power shall be vested in the President of the
Philippines (Article VII, Sec.1)

Executive Power- briefly described as the power to administer and enforce the laws

The separation of powers system is designed to distribute authority away from the executive
branch—an attempt to preserve individual liberty in response to tyrannical leadership throughout
history. The executive officer is not supposed to make laws (it is the role of the legislature) or
interpret them (it is the role of the judiciary).

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The role of the executive is to enforce the law as written by the legislature and interpreted by the
judicial system.

Qualifications of the President (see illustration below, Sec. 2 Article VII)

The Vice –President

There shall be a Vice-President who shall have the same qualifications and term of office and
be elected with, and in the same manner, as the President. He may be removed from office in the
same manner as the President. (Sec. 3, Article VII)

Term of Office (see illustration,Sec. 4, Article VII).

The President and the Vice-President shall be elected by direct vote of the people for a term of
six years which shall begin at noon on the thirtieth day of June next following the day of the
election and shall end at noon of the same date, six years thereafter. The President shall not be
eligible for any re-election. No person who has succeeded as President and has served as such
for more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption in the continuity of the
service for the full term for which he was elected

EXECUTIVE OFFICERS
Illus .(Sec.2 to Sec. 4)

POSITION AGE CITIZENSHIP EDUCATION RESIDENCY TERM OF

OFFICE

President 40 yrs of age Natural born Able to read 10 yrs. 6 yrs., not
on the day of citizen of the and write Immediately eligible for
the election Philippines Preceding the any re-
day of the election
(Art.VII Sec.2) election
(Art.VII Sec. 4)
(Must be a
registered
voter)
Vice-President -Same - -do- -do- -do- 6 yrs., shall
not serve for
(Art.VII Sec.3) more than 2
successive
terms

(Art.VII Sec.4)

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Oath of Office
Before they enter on the execution of their office, the President, the Vice-President, or the Acting
President shall take the following oath or affirmation:
"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.) (Sec. 5, Article VII)

Privileges (Sec. 6, Article VII)

The President shall have an official residence known as Presidential palace (Malacanang
Palace)

Salaries
The salaries of the President and Vice-President shall be determined by law and shall not be
decreased during their tenure. No increase in said compensation shall take effect until after the
expiration of the term of the incumbent during which such increase was approved. They shall not
receive during their tenure any other emolument from the Government or any other source.

Immunity from suit

In the case of In re: Bermudez, the Supreme Court expressly held that, incumbent presidents are
immune from suit or from being brought to court during the period of their incumbency and tenure.
In Soliven v. Makasiar, where the Supreme Court stated that the rationale for the grant to the
President of the privilege of immunity from suit is to assure the exercise of Presidential duties and
functions free from any hindrance or distraction, considering that being the Chief Executive of the
Government is a job that, aside from requiring all of the office-holder’s time, also demands
undivided attention.

Executive privilege
Fr. Joaquin Bernas explained executive privilege as the power of the President to withhold certain
types of information from the courts, the Congress, and ultimately the public. The types of
information include:
 those which are of a nature that disclosure would subvert military or
diplomatic objectives
 information about the identity of persons who furnish information of violations of
law
 information about internal deliberations comprising the process by which
government decisions are reached.

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Prohibition and Inhibition upon the President, and Vice-President, Members of the
Cabinet, and their Deputies or Assistants (Sec. 13, Article VII)

o They shall not hold any other office or employment during their tenure,unless otherwise
provided in this Constitution
o They shall not directly or indirectly:
o practice any other profession, n participate in any business, or be
o 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.
o They shall strictly avoid conflict of interest in the conduct of their office.
o (Rule on Nepotism) The spouse and relatives by consanguinity or affinity within the fourth
civil degree of the President shall not, during his tenure be appointed as:

Members of the Constitutional Commissions, Ombudsman, Secretaries, or

Undersecretaries, Chairman or heads of bureaus or offices, including government-
owned or controlled corporations and their subsidiaries.
(Exception to the Rule on Nepotism: Confidential employee, Teacher Members of the AFP, Physicians)

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

When Vacancy Occurs before the

Commencement of the term of the President
illus. (Sec. 7, Article VII)

If the President-elect fails to Vice President-elect shall act as President until the President-
qualify elect shall have qualified.

If a President shall not have been Vice President-elect shall act as President until a President shall
chosen have been chosen and qualified.

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 If at the beginning of the term of
the President, the President-elect
shall have died or shall have
become permanently disabled,
Where NO President and Vice-
President shall have been chosen
or shall have qualified, or where
both shall have died or become
permanently disabled,
Vacancy During The Term of Office
Illus (Sec. 8, Article VII)
In cases of the death, permanent
disability, removal from office or
resignation of the following:
President
President and Vice President
President, Vice President, and Senate President
Acting President
Vice President-elect shall become President.
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
Rule of filling-up vacancy
Vice President to serve the unexpired term
Senate President
Speaker of the House of Representatives
shall then act as President until the President or
Vice-President shall have been elected and
qualified.
The Congress shall, by law provide who shall
serve as President until the President or Vice-
President shall have been elected and qualified.
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Vacancy in the Office of the Vice-President during the term-

The President shall nominate a Vice-President from among the Members of the Senate and
the House of Representatives who shall assume office upon confirmation by a majority vote of all
the Members of both house of Congress (sec 9, Art. VI)

Vacancy in the Office of the President and Vice President

The Congress of the Philippines is mandated to enact a law calling for a special election three
days after the vacancy in the Office of the President and Vice President. The special election
should occur 40 days after the enactment of the law, but not later than 60 days after the enactment
of the law. No special election shall be called if the vacancy occurs within 18 months before the
date of the next presidential election (Sec.10)

Temporary disability A written declaration Transmit to the Senate President and the Speaker of
the House of Representatives

Illus. (Sec. 11, Article VII)

Whenever the President transmits His that he is unable to discharge powers and duties shall
written declaration the powers and duties of his be discharged by Vice-
office President as Acting
President.

Whenever a majority of all the Members that the President is unable to Vice-President shall
of the Cabinet transmit their written discharge the powers and immediately assume the
declaration duties of his office powers and duties of the
office as Acting President.

that NO inability exists.

When the President transmits his The President shall
written declaration reassume the powers and
duties of his office
that the President is unable to
discharge the powers and
However, should a majority of all the duties of his office,
Members of the Cabinet transmit
within five days their written
*the Congress shall
decide the issue
declaration
(see Note)

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Note:*For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in
accordance with its rules and without need of call. If the Congress, within ten days after receipt of the last
written declaration, or, if not in session, within twelve days after it is required to assemble, determines by a
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 President; otherwise, the President shall continue
exercising the powers and duties of his office.

In case of serious illness of the President

The public shall be informed of the state of his health, and the following shall not be denied access
to the President (Sec.12,Art.VII)

1. Members of the Cabinet in charge of national security, and foreign relations

2. Chief of staff of the Armed Forces of the Philippines

Powers of the President

Executive power -The executive power is the power to enforce and administer the
laws. (National Electrification Administration v. Court of Appeals). Executive power is more
than the sum of specific powers enumerated in the Constitution. It includes residual
powers not specifically mentioned in the Constitution. (Marcos v. Manglapus)

Power of Appointment The President may appoint officials of the Philippine

government as provided by the constitution and laws of the Philippines. Some of these
appointments, however, may need the approval of the Committee on Appointments (a
committee composed of members from the House of Representatives and the Senate of
the Philippines, Section 16, Article VII Constitution)

Composition of the Commission on Appointments (sec.19, Art.VI)

 Senate President -the ex officio chairman,
 twelve senators, and
 twelve members of the House of Representatives.

Members from each house of Congress are elected based on proportional representation from
the political parties and parties or organizations registered under the party-list system
represented. The Chairman of the Commission shall vote only in case of a tie. It shall act on all
appointments submitted within thirty session days of Congress. It shall be governed by a majority
vote of all members (18, Article VI)

Appointment -is the act of designation by the executive officer, board, or body to whom the power
has been delegated, of the individual who is to exercise the functions of a given office.
- It refers to the power to select, by the authority vested with the power, an individual who is to
exercise the powers of a given office. (Section 16)

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 Kinds of Appointment
1. Regular- made during sessions. The official can only discharge the duties once the
commission consents to the appointment.
2. Ad interim - made during recess of Congress. Ceases to be valid upon disapproval by
the Commission on Appointments or, if not confirmed, until the next adjournment of
Congress.

The President shall nominate and, with the consent of the Commission on Appointments,
(1) appoint the heads of the executive departments, (2) ambassadors, other public ministers and
consuls, or (3) officers of the armed forces from the rank of colonel or naval captain, and (4) other
officers whose appointments are vested in him in this Constitution. He shall also appoint (5) all
other officers of the Government whose appointments are not otherwise provided for by law, and
(6) those whom he may be authorized by law to appoint. The Congress may, by law, vest the

appointment of other officers lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires
no confirmation (sec.12 E.O.No.292, 7/25/1987)

The Appointments of all judges and the Ombudsman need not be confirmed by the
Commission on Appointments. Instead, they are recommended by the Judicial and Bar Council in
a short list, from which the President t shall then choose from.
Appointments extended by an Acting President shall remain effective, unless revoked by the
elected President within ninety days from his assumption or re-assumption of office

Prohibition (Sec. 15)

The President or acting President shall not make appointments 2 months immediately before the
next presidential elections & up to the end of his term, except temporary appointments to
executive positions when continued vacancies therein will prejudice public service or
endanger public safety

The constitution doesn’t include the Chief Justice of the Supreme Court in the President’s line of
succession.

Power of Removal As a general rule, the power of removal may be implied from
the power of appointment. However, the President cannot remove officials appointed by
him where the Constitution prescribes certain methods for separation of such officers
from public service. (Nachura, Outline/Reviewer in Political Law)

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 Power of Control The President shall have control of all the executive departments,
bureaus, and offices. He shall ensure that the laws be faithfully executed. (Sec. 17,
Article VII)The power of control is the power of an officer to alter, modify or set aside
what a subordinate officer had done in the performance of duties and to substitute the
judgment of the former-for the latter (Mondano v. Silvosa). An officer in control lays down
the rules in the doing of an act. If they are not followed, the officer may in his/ her
discretion order the act undone or re-done by the subordinate or the officer may even
decide to do the act himself/ herself. The officer may alter the wisdom of a law-
conforming judgment made by the subordinate.

Alter ego principle -Cabinet Secretary is the alter ego of the President in their respective
Departments. Thus, they possess the power to issue directives relative to their departments, such
as department orders. These orders only apply to offices under a specific department under the
Cabinet Secretary’s jurisdiction. Cabinet Secretaries also act as advisors to the President of
the Philippines for their areas.

Power of General Supervision Over Local Governments

The President of the Philippines shall exercise general supervision over local
governments. It is the power of the President to see to it that local officers perform their
functions in accordance with law. As chief executive, he has the mandate to supervise
local governments in the Philippines, despite their autonomous status as provided by
Republic Act No. 7160 otherwise known as the Local Government Code of 1991.
Traditionally, this is done by the Department of the Interior and Local Government, headed
by a cabinet secretary—an alter ego of the President.

Military Powers (Sec. 18, Article VII)

1. Commander-in-Chief of the Armed Forces

“The President shall be the Commander-in-Chief of all armed forces of the Philippines…”

2. Calling-out Power
“… and whenever it becomes necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion.”

3. Suspension of the privilege of the writ of habeas corpus

“In case of invasion or rebellion, when the public safety requires it, he may, for a period
not exceeding sixty days, suspend the privilege of the writ of habeas corpus…”
Duration: Not to exceed sixty days, following which it shall be lifted, unless
extended by Congress.

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 days from its filing.

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The suspension of the privilege of the writ shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with invasion (Sec. 18, Article VII); It does
not impair the right to bail (Sec. 13, Article III)
During the suspension of the privilege of the writ, any person thus arrested or detained shall be
judicially charged within three days, otherwise he shall be released.

4. Declare Martial law (with the concurrence of Congress)

Place the Philippines or any part thereof under martial law.”
A state of martial law does not suspend the operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the writ.

Power of Executive Clemency Clemency is the act of reducing a penalty for

a particular criminal offense without clearing the person's criminal history.

Petitions for Executive Clemency/ Parole

Parole is the release from imprisonment, but without full restoration of liberty, as parole
is still in the custody of the law although not in confinement.
Grant of Parole. — A prisoner may be granted parole whenever the Board finds that
there is a reasonable probability that if released, he will be law-abiding and that his release
will not be incompatible with the interest and welfare of society.
(Sec. 15.Revised Rules and Regulations of the Board of Pardons and Parole)
_______________________________________________ _
Note: Filing of Petition.(Sec.5.Revised Rules and Regulations of the Board of Pardons and Parole)
— A formal petition for executive clemency addressed as follows shall be submitted to the Board
before the question of said clemency will be considered.
“The President of the Philippines
Thru: The Chairman Board of Pardons and Parole

Except in cases of impeachment, or as otherwise provided in this Constitution, the

President may grant reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgment.

Reprieve - is the postponement of a sentence or stay of execution

Commutation - is the reduction or the mitigation of the penalty.
Pardon – (forgiveness of a crime; Covers specific person) refers to an act of
grace which exempts the individual on whom it is bestowed from the punishment
that the law inflicts for the crime he has committed.

Limitations
1. Cannot be granted in cases of impeachment (Sec. 19, Article VII)

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 2. Cannot be granted in cases of violation of election laws without the favorable
recommendation of the Commission on Elections (Sec. 5, Article IX-C)
3. Can be granted only after conviction by final judgment
4. Cannot be granted in cases of legislative contempt or civil contempt
(Legislative contempt- disregard or disobedience of a public authority).

5. Cannot absolve the convict of civil liability (People v. Nacional)

6. Cannot restore public offices forfeited (Monsanto v. Factoran)

He shall also have the power to grant amnesty with the concurrence of a majority of all the
Members of the Congress. (Sec. 19, Article VII)

Amnesty is an act of grace, concurred in by legislature, usually extended to groups of

persons who committed political offenses, which puts into oblivion or forgetfulness for
past acts. It is often conditional upon their return to obedience and duty.

Foreign Relation Power The President as head of the state is the representative
of the Philippines in dealing with other states.

Power of Recognition The Philippines may or may not extend recognition to a

newly established state or government. This right of recognition is inherent to a state. No
one can compel the Philippines to recognize a state or government even though they
deserve recognition. The exercise of the exclusive discretionary authority of extending
recognition by the President is beyond the expanded power of judicial review by the
judiciary, the same being a purely political question.

Power to Send and Receive Diplomatic Missions Right of legation is an

important attribute of a state. The Philippines as a sovereign State may enter into a
diplomatic relation with other State by sending its diplomatic corps to receiving States
and by receiving diplomatic corps by sending States.

Power to Borrow or Guarantee Foreign Loan The President may contract or

guarantee foreign loans on behalf of the Republic of the Philippines with the prior
concurrence of the Monetary Board, and subject to such limitations as may be provided
by law. The Monetary Board shall, within thirty days from the end of every quarter of the
calendar year, submit to the Congress a complete report of its decision 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. (Sec. 20, Article VII)

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Power to Enter Treaty or International Agreement The power to enter
into a treaty or international agreement is an attribute of States. The authorized
representative of the states in concluding a treaty or international agreement is the
President subject to the power of concurrence by the senate.

Budgetary power The President shall submit to the Congress, within thirty days
from the opening of every regular session as the basis of the general appropriations bill,
a budget of expenditures and sources of financing, including receipts from existing and
proposed revenue measures. (Sec. 22, Article VII)

Informing power The President shall address the Congress at the opening of
its regular session. He may also appear before it at any other time (Sec. 23,
Article VII)

Power Ordinance Power The President of the Philippines has the power to give
executive issuances, which are means to streamline the policy and programs of an
administration.

Executive Orders. — Acts of the President providing for rules of a general or permanent
character in implementation or execution of constitutional or statutory powers shall be
promulgated in executive orders.
e.g. establishing the 8888 citizen’s complaint center

Executive Issuances - Acts of the Chief Executive of the Philippines, whether in the
exercise of the executive power or broader powers conferred by emergency or at particular
periods. “Acts of the President providing for rules of a general or permanent character in
implementation or execution of constitutional or statutory powers shall be promulgated in
executive orders.”

Administrative Orders. — Acts of the President which relate to particular aspects of

governmental operations in pursuance of his duties as administrative head shall be
promulgated in administrative orders.

e.g. expediting the rehabilitation & restoration of the coastal & marine ecosystem
of the Manila Bay & creating the Manila Bay Task

Proclamations. — Acts of the President fixing a date or declaring a status or condition of

public moment or interest, upon the existence of which the operation of a specific law or
regulation is made to depend, shall be promulgated in proclamations which shall have the
force of an executive order.

e.g. Proclamation No.555. Declaring the Regular Holidays and Special (NON-
WORKING) DAYS. For the Year 2019

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 Memorandum Orders. — Acts of the President on matters of administrative detail or of
subordinate or temporary interest which only concern a particular officer or office of the
Government shall be embodied in memorandum orders.

e.g.Memorandum Order No. 36,s.2019 Constituting the Office of the President

(OP) PROPER DRUG-FREE WORKPLACE COMMITTEE

e.g. Memo Order No,28,s.2018 Directing the National Food Authority to

immediately release existing rice stocks in its Warehouses

Memorandum Circulars. — Acts of the President on matters relating to internal

administration, which the President desires to bring to the attention of all or some of the
departments, agencies, bureaus or offices of the Government, for information or
compliance, shall be embodied in memorandum circulars.

e.g. Memorandum Circular No.04 ,s. 2019Courtesy Resignations of Presidential

Appointees

General or Special Orders. — Acts and commands of the President in his capacity as
Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or
special orders.

e.g. SPECIAL ORDER NO. 916 Designating the Secretary of the Department of
Justice as OFFICER-IN-CHARGE ON 28 August 2019 TO 01 Sseptember 2019

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

 The chief executive may have an alien in the Philippines deported from the country after
due process.
 The President may change the status of a foreigner, as prescribed by law, from a non-
immigrant status to a permanent resident status without necessity of visa.
 The President may choose to overrule the Board of Commissioners of the Bureau of
Immigration before their decision becomes final and executory (after 30 days of the
issuance of the decision). The Board of Commissioners of the Bureau of Immigration has
jurisdiction over all deportation cases.
 The president is also mandated by the Administrative Code of 1987 to exercise powers
as recognized by the generally accepted principles of international law.

Powers of Eminent Domain, Escheat, Land Reservation and

Recovery of Ill-gotten Wealth The President shall determine when it is
necessary or advantageous to exercise the power of eminent domain in behalf of the
national government, and direct the solicitor general, whenever he deems the action
advisable, to institute expropriation proceedings in the proper court.

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

Power to reserve lands of the public and private domain of the

government —

(1) The president shall have the power to reserve for settlement or public use, and for
specific public purposes, any of the lands of the public domain, the use of which is not
otherwise directed by law. The reserved land shall thereafter remain subject to the specific
public purpose indicated until otherwise provided by law or proclamation.

(2) He shall also have the power to reserve from sale or other disposition and for specific
public uses or purposes, any land belonging to the private domain of the government, or
any of the friar lands, the use of which is not otherwise directed by law, and thereafter
such land shall be used for the purposes specified by such proclamation until otherwise
provided by law.

Power over ill-gotten wealth — The President shall direct the solicitor general to institute
proceedings to recover properties unlawfully acquired by public officials or employees,
from them or from their nominees or transferees. Within the period fixed in, or any
extension thereof authorized by, the constitution, the President shall have the authority to
recover ill-gotten properties amassed by the leaders and supporters of the previous
regime, and protect the interest of the people through orders of sequestration or freezing
of assets or accounts.

Lesson 4

QUIZ (EXECUTIVE Branch)

(TRUE or FALSE) Write TRUE if the statement is True. Write FALSE if the statement is False.

1. _____The president shall exercise general supervision over Local & National Government.
2. _____Vice President has a term of office exactly similar with the President.
3. _____The President can be impeached more than once a year.
4._____ The Senate President will assume the power of the President in case of his death or
disability.
5. _____The Vice President can be appointed by the President without the confirmation from
the Commission on Appointment.
6. _____The VP is the alter ego of the President.
7._____Tenure of office is the actual incumbency which represents the period during which the
incumbent actually holds the office.
8._____The Members of the Cabinet may declare the President as no longer capable to
discharge his function.

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 9._____ Term of office - refers to the fixed period, duration or length of time which an officer may claim
to hold the office as a right.
10____The President may appoint an official 2 months before the end of his term, except if it
is a temporary appointment.
11.____Suspension of the privilege of the writ shall apply only to persons judicially charge for rebellion
or offenses inherent in or directly connected with invasion.
12.____Except in cases of impeachment, or otherwise provided in the Constitution, the President may
grant pardon.

13.____Pardon cannot be granted for a violation of any election law or to a person convicted of
legislative contempt.
14. ____PARDON covers a group of people granting general pardon to certain classes of people
Granted with the concurrence of a majority of all the Member of the Congress
15. ____The President may Contract or guarantee foreign loan on behalf of the Republic of the
Philippines WITHOUT the prior concurrence of the Monetary Board and subject to such limitations a
may be provided by law.

JUDICIAL BRANCH (Article VIII)

Introduction
The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law (Sec. 1, Article VIII)
The Supreme Court is the highest tribunal in the Philippines. It consist of the Chief Justice and 14
Associate Justices, appointed by the President

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 of jurisdiction on the part of any
branch or instrumentality of the Government.

Scope of Judicial Power

1. Power of Judicial Review

a) To pass upon the validity of the laws of the State and acts upon the other departments of the
Government. b) To interpret them c) To render binding judgment

2. Adjudicatory Power
a) To settle actual controversies involving rights
b)To determine whether there has been a grave abuse of discretion to lack or excess of
jurisdiction, [Legality of actions, Lack of jurisdiction, Lack of authority to act on the matter in

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dispute Judicial Review Interpret the law and make them binding judgements, Constitutionality of
the laws (Constitutionality of no permit no rally policy)]

3. Incidental Power
powers essential for the discharge of their judiciary function (Contempt of Court, Subpoena,
Warrant of Arrest)

Contempt of court - A person guilty of misbehavior in the presence of or so near a court or judge as to obstruct
or interrupt the proceedings before the same, or refusal to be sworn or to answer as witness, or to subscribe
an affidavit or disposition

Subpoena - is a writ issued under the authority of a court to compel the appearance of a witness at a judicial
proceeding (Subpoena Duces Tecum; Ad Testificandum)

Requisites of judicial review

1. Actual case/controversy
For a court to exercise its power of adjudication, there must be an actual case of controversy —
one which involves a conflict of legal rights, an assertion of opposite legal claims susceptible of
judicial resolution; the case must not be moot or academic or based on extra-legal or other similar
considerations not cognizable by a court of justice.

2. Proper party
Actual case or controversy must be raised by a proper party. It refers to a personal and substantial
interest in the case such that the party has sustained or will sustain direct injury as a result of the
governmental act that is being challenged.

3. Earliest possible opportunity It must be raised at the earliest possible opportunity.

4. Constitutional or legal question must be necessary to the determination of the case itself
This last requisite of judicial review is simply an offshoot of the presumption of validity accorded
the executive and legislative acts of our co-equal branches of the government. Ultimately, it is
rooted in the principle of separation of powers. Given the presumed validity of an executive act,
the petitioner who claims otherwise has the burden of showing first that the case cannot be
resolved unless the constitutional question he raised is determined by the Court.
It is a basic principle in constitutional adjudication that enjoins the court from passing upon a
constitutional question, although properly presented, if the case can be disposed of on some other
ground. In constitutional law terms, this means that we ought to refrain from resolving any
constitutional issue "unless the constitutional question is the lis mota of the case (General v. Urro)
It is a well-settled maxim of adjudication that an issue assailing the constitutionality of a
governmental act should be avoided whenever possible. Succinctly put, courts will not touch the
issue of constitutionality unless it is truly unavoidable and is the very lis mota or crux of the
controversy (Francisco v. House of Representatives)

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Limitation on the Power of Congress to apportion jurisdiction of various
courts (Section 2, Art.VIII)

The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the
various courts but :

1. may not deprive the Supreme Court of its jurisdiction over cases enumerated
in Section 5 hereof.
2. Shall not pass law reorganizing the Judiciary which will undermines the
security of tenure of its Members

Fiscal Autonomy of the Judiciary (Section 3,Art.VIII)

The Judiciary shall enjoy fiscal autonomy. 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. Fiscal autonomy is a guarantee given by the Constitution
to certain units of the government. It is intended as a guarantee of separation of powers and of
independence from political agencies. The units that have been given fiscal autonomy are the
judiciary, constitutional commissions, and the ombudsman.

Composition of the Supreme Court (Section 4,Art VIII)

• a Chief Justice and
• Fourteen (14) Associate Justices. It may sit en banc or in its discretion, in division of
three, five, or seven Members. Any vacancy shall be filled within ninety days from the
occurrence thereof.

illus. JUDICIARY

SUPREME COURT

COURT OF APPEALS SANDIGANBAYAN COURT OF TAX APPEAL

Regional Trial Courts Shari’a District Court

Metropolitan Municipal Trial Municipal Trial Municipal Circuit Shari’a Circuit

Trial Courts courts in Cities Courts Trial Courts Courts

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 Regular Courts
 Supreme court
 Court of Appeals
 Regional Trial Courts
 Metropolitan Trial
Courts.
 Municipal Trial Courts
in Cities.
 Municipal Trial Courts.
 Municipal Circuit Trial
Court
Special Courts Quasi-judicial Agencies
 Commission on
 Sandiganbayan Elections,
("People's Advocate").
 Court of Tax Appeal
 Shari'a District Courts.  National Labor
 Shari'a Circuit Courts.
Relations Commission
A Special Appellate Collegial  Securities and
Court is equal in rank to the Exchange Commission
Court of Appeal :
Court of Tax appeal and
Sandiganbayan

Note: Quasi judicial Agencies - Agencies under the Executive Department performing duties similar to
the Judicial Department They render judgements just like the Judicial Department, yet they form part of
the Executive Department, make pronouncements and judgements on certain issues.

En banc cases. All cases involving the constitutionality of a treaty, international or executive
agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which
under the Rules of Court are required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the case and
voted thereon. (en banc - means the court sits as one body)

Cases or matters heard by a division shall be decided or resolved with the concurrence
of a majority of the Members who actually took part in the deliberations on the issues in the
case and voted thereon, and in no case without the concurrence of at least three of such
Members. When the required number is not obtained, the case shall be decided en banc:

Provided, that no doctrine or principle of law laid down by the court in a decision rendered en
banc or in division may be modified or reversed except by the court sitting en banc.
(In division- means the court sits in separate division: three, five,or seven members per division)

Powers of the Supreme Court (Section 5)

1. Original jurisdiction Exercise original jurisdiction over cases affecting ambassadors,

other public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.

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 Original Jurisdiction over petition for:
Certiorari - a writ issued from a superior court requiring a lower court to
transmit the records of a case to the superior court for the purpose of
review.
Prohibition - by which a superior court commands a lower court to desist from
further proceedings in an action or matter.
Mandamus - an order by a superior court commanding a lower court a board or
a corporation to perform a certain act which it is bound to do so.
Quo warranto - an action by the government to recover an office or franchise
from an individual unlawfully holding it.
Habeas corpus - a writ issued in order to bring somebody who has been
detained into court, usually for a decision on whether the detention is lawful.

2. Appellate jurisdiction Review, revise, reverse, modify, or affirm on appeal or certiorari,

as the law or the Rules of Court may provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or
regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.

3. Temporary assignment of judges Assign temporarily judges of lower courts to other

stations as public interest may require. Such temporary assignment shall not exceed six months
without the consent of the judge concerned.

4. Order change of venue of trials to avoid a miscarriage of justice.

5. Rule-making power Promulgate rules concerning the protection and enforcement of

constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice
of law, the integrated bar, and legal assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all
courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved
by the Supreme Court.

6. Appointing power Appoint all officials and employees of the Judiciary in accordance with
the Civil Service Law.

7. Power of administrative supervision The Supreme Court shall have administrative

supervision over all courts and the personnel thereof (Section 6)

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8. Power to discipline judges of lower courts
The Supreme Court en banc shall have the power to discipline judges of lower courts, or order
their dismissal by a vote of a majority of the Members who actually took part in the deliberations
on the issues in the case and voted thereon.

Qualifications
Illus. (Sec.7, Art.VII)

Members of the Supreme Court /Lower Judges of lower courts (sec.7,pa.2)

Collegiate Court, (sec.7,pa.1)
A natural-born citizen of the Philippines A citizens of the Philippines
At least 40 years of age. A member of the Philippine Bar.

Must have been 15 years or more a judge of a Other qualification as Congress may provide
lower court, or engaged in the practice of law in
the Philippines.

A person of proven competence, integrity, probity,

and independence (sec. 7,pa.3)

Note:
*Justices of lower Collegiate Court, possess the same qualifications like members of the
*Justices of the Court of Appeals shall have the same qualifications as those provided in the Constitution
for members of the Supreme Court.
*Philippine Bar, meaning – the term “Bar” refers to the collectivity of all persons whose names appear in
the roll of attorneys in the Supreme Court,

The Members of the Supreme Court and judges of the lower courts shall be appointed by the
President from a list of at least three nominees prepared by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation. (Section 9)
For the lower courts, the President shall issue the appointments within ninety days from the
submission of the list.

Tenure of judges/justices (Sec. 11, Article VIII)

The Members of the Supreme Court and judges of the lower court shall hold office during
good behavior
o until they reach the age of (70) seventy years, or
o become incapacitated to discharge the duties of their office.

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 Salaries (Sec. 10, Article VIII
The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and
of judges of lower courts shall be fixed by law. During the continuance in office, their
salary shall not be decreased

Judicial and Bar Council (Section 8)

(1) The members of the Judicial and Bar Council A Judicial and Bar Council is hereby created
under the supervision of the Supreme Court composed of the
1. Chief Justice as ex officio Chairman
2. Secretary of Justice,
3. Representative of the Congress as ex officio Members,
4. Representative of the Integrated Bar,

(2) Regular members of the Council shall be appointed by the President with the consent of
the Commission on Appointments.
1. representative of the Integrated Bar - shall serve for four years
2. professor of law - for three years, the
3. retired Justice - for two years
4. representative of the private sector - for one year.

(3) Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep
a record of its proceedings.

Ex Officio-Holding a position or membership due to the power or influence of one's office,

and not by election or appointment. A chairperson, for example, can be an ex-officio
member of all board appointed committees. Such positions and their attached voting and
other privileges are detailed in the bylaws of the organization. Latin for, because of one's
office. (bus.Dictionary.com)

Emoluments the regular Members of the Council shall receive such emoluments as may
be determined by the Supreme Court. The Supreme Court shall provide in its annual
budget the appropriations for the Council.

Principal function of the Council-shall have the principal function of recommending

appointees to the Judiciary. It may exercise such other functions and duties as the
Supreme Court may assign to it.

Prohibition on members of the Judiciary (Section 12)

The Members of the Supreme Court and of other courts established by law shall not be designated
to any agency performing quasi-judicial or administrative functions.

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Requirement before Promulgation of decision (Section 13)
The conclusions 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. 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
therefor. The same requirements shall be observed by all lower collegiate courts.

Requirement in Rendering Decision (Section 14)

No decision shall be rendered by any court without expressing therein clearly and distinctly
the facts and the law on which it is based. 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
therefor.

Mandatory Periods to decide cases (Section 15).

(1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved
within twenty-four months from date of submission for the Supreme Court, and, unless reduced
by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other
lower courts.
(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the
last pleading, brief, or memorandum required by the Rules of Court or by the court itself.
(3) 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.
(4) 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.

Submission of Annual Report (Section 16)

The Supreme Court shall, within thirty days from the opening of each regular session of
the Congress, submit to the President and the Congress an annual report on the
operations and activities of the Judiciary.

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Lesson 4

Quiz. JUDICIAL Branch)

A. TRUE or FALSE

1._____Adjudicatory powers. Includes the duty of courts of justice to settle actual

controversies.
2._____The judiciary shall enjoy Fiscal Autonomy.
3._____The Supreme court is composed of 1 Supreme Justice and 14 associate Justices
4._____The Decision of the Court must be distinctly & clearly stated the law it was based.
5._____Quo warranto is an action by the government to recover an office or franchise from an
individual unlawfully holding it.
6._____Mandamus is an affirmative remedy ordering a certain act to be done.
7._____Prohibition is a negative remedy prohibiting the doing of a certain act.
8._____Certiorari is an act requiring a lower court to transmit the records to a higher court
for which it acted with grave abuse of discretion.
9.____Sandiganbayan is a Special Court for cases involving graft & corruption of public
officials only
10. _____Judicial power rests with the Supreme Court and the lower courts, as established by
law

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 CONSTITUTIONAL COMMISSIONS (Article IX)
The Independent Constitutional Commissions are:
Civil Service Commission (CSC), Commission on Elections (Comelec) and the
Commission on Audit (COA). (Sec.1, Art.IX)

Illus.
CONSTITUTIONAL Citizenship AGE Education Prohibition TERM of Office
COMMISSIONS
(Art. IX)

Civil Service Natural-born 35 yrs. Old at With proven capacity Must not have Chairman - 7yrs.w/o reappointment
(Central Personnel Agency of the citizen the time of for been candidates
Government)
their public administration for any elective position in the One Commissioner- 5 yrs. without reappointment
appointment elections immediately
Chairman ; preceding their appointment Another Commissioner -3 years.w/o reappointment
2 Commissioners

COMELEC -same- -same- *Holder of a College Must not have been candidates Chairman -7yrs.without reappointment
(enforce and administer all laws and degree, for any elective position in the
regulations concerning the conduct of immediately preceding election First appointed
regular and special elections). *Members of Philippine 3 members – 7 yrs. without reappointment
Bar engaged in the
Chairman; practice of law for at
6 Commissioners least 10 years 2 members—5 yrs. without reappointment
(majority of them,
including the Last 1 member- 3 yrs without reappointment
chairman)

COA -same- -same- *Certified Public Must not have been candidates Chairman
(have the power, authority, and duty to Accountant for any elective position in the 7yrs.w/o reappointment
examine, audit, and settle all accounts
pertaining to the revenue and receipts of, With not less than election immediately preceding
and expenditures or uses of funds and 10 yrs. Of auditing their appointment 1 Commissioner - 5 yrs. Without reappointment
property owned or held in trust by, or
pertaining to, the Government, or any of experience
its subdivisions, agencies, or or Another Commissioner – 3 years. w/o reappointment
instrumentalities, including government-
* Members of Phil. Bar
owned or controlled corporations with
original charters, and on a post- audit engage in the practice
basis)
of law for at least 10
Chairman;
2 Commissioners years

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Constitutional safeguards on the independence of the Commissions
2. They are constitutional created thus, may not be abolished by a statute.
3. Each is expressly described as independent
4. Each is conferred certain powers and functions which cannot be reduced by a statute
5. The Chairpersons and members cannot be removed except through the process of
impeachment
6. The Chairpersons and members are given a fairly long term of office of seven years
7. The salaries of the chairpersons and members are relatively high and may not be decreased
during their continuance in office
8. The Commissions enjoy fiscal autonomy

9. Each Commission may promulgate its own procedural rules, provided they do not diminish,
increased or modify substantive rights
10. The Chairpersons and members are subject to certain disqualifications calculated to
strengthen its integrity
11. The Commissions may appoint their own officials and employees in accordance with Civil
Service Law

Limitations (Sec. 2, Article IX)

1. No member of a Constitutional Commission shall, during his tenure, hold any other office or
employment.
2. Neither shall he engage in the practice of any profession or
3. In the active management or control of any business which, in any way, may be affected
by the functions of his office, nor
4. Shall he be financially interested, directly or indirectly, in any contract with, or in any franchise
or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations or their subsidiaries.

Period prescribed to render decisions (Sec. 7, Article IX)

Each Commission shall decide by a majority vote of all its Members, any case or matter brought
before it within sixty days from the date of its submission for decision or resolution. A case or
matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or
memorandum required by the rules of the Commission or by the Commission itself.
Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each
Commission may be brought to the Supreme Court on certiorari by the aggrieved party within
thirty days from receipt of a copy thereof.

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A. CIVIL SERVICE COMMISSION

Powers and Functions:

The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the
Government, including government-owned or controlled corporations with original charters.

Appointments in the civil service

shall be made only according to merit and fitness to be determined, as far as practicable, and,
except to positions which are policy-determining, primarily confidential, or highly technical,
by competitive examination.

The Civil Service Commission as the

Central Personnel Agency of the Government
 shall establish a career service and adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness, and courtesy in the civil service.
 It shall strengthen the merit and rewards system, integrate all human resources
development programs for all levels and ranks,
 and institutionalize a management climate conducive to public accountability.

Note: CSC Commissioner shall have the same qualifications as justices of the Court of Appeals RA 6040)

Eligibilities Granted under Special Laws and Civil Service Issuances

 Bar/Board Eligibility (RA1080)
 Barangay Health Worker Eligibility (RA7883)
 Barangay Nutrition Scholar Eligibility (PD1569)
 Barangay Official Eligibility (RA7160)
 Electronic Data Processing Specialist Eligibility (CSC Re.90-083)
 Honor Graduate Eligibility (PD907)
 Scientific and Technological Specialist Eligibility (PD997)
 Skills Eligibilities Categories I and II (CSC MC11,s.1996, as amended)

The various skills eligibilities under CSC MC No. 11, s. 1996, as amended, are granted to
individuals who meet therequirements of positions, qualifications for which are not
measurable by written tests, such as plant electrician, automotive.
mechanic, heavy equipment operator, laboratory technician, shrine curator, carpenter,
draftsman, plumber, and others
Category II - refers to positions listed under CSC MC No. 11, s. 1996, as amended,
including CSC MC No. 3, s. 2008, the required eligibility for which can be obtained by
completing one year of very satisfactory actual work performance under temporary status
of appointment.

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 Note: Skills eligibilities are not equivalent/comparable to Career Service Sub Professional
and Professional eligibilities.

Veteran Preference Rating (EO132/790)

Pursuant to EO No. 132/790, the VPR Eligibility is granted to PVAO-Certified World War II
veteran, or his/her spouse, or any one of his/her children who failed and lacks no more than
10 points in either the Career Service Professional Examination, the Career Service
SubProfessional Examinatiion, the Fire Officer Examination, or the Penology Officer
Examination.

B. COMMISSION ON ELECTION
Powers and Functions:
1) Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.

2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over
all contests involving elective municipal officials decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by trial courts of limited jurisdiction.
3) Decisions, final orders, or rulings of the Commission on election contests involving elective
municipal and barangay offices shall be final, executory, and not appealable.
4) Decide, except those involving the right to vote, all questions affecting elections, including
determination of the number and location of polling places, appointment of election officials and
inspectors, and registration of voters.
5) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

6) Register, after sufficient publication, political parties, organizations, or coalitions which, in

addition to other requirements, must present their platform or program of government; and
accredit citizens' arms of the Commission on Elections. Religious denominations and sects shall
not be registered. Those which seek to achieve their goals through violence or unlawful means,
or refuse to uphold and adhere to this Constitution, or which are supported by any foreign
government shall likewise be refused registration

C. COMMISSION ON AUDIT
Powers and Functions:
The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle
all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and
property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions,
agencies, or instrumentalities, including government-owned or controlled corporations with
original charters, and on a post- audit basis:

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 Constitutional bodies, commissions and offices
That have been granted fiscal autonomy under this Constitution;
 Autonomous state colleges and universities
 Constitutional commissions; the ombudsman; and the judiciary.
 Other government-owned or controlled corporations and their subsidiaries

Such non-governmental entities receiving subsidy or equity, directly or indirectly, from or through
the Government, which are required by law or the granting institution to submit to such audit as a
condition of subsidy or equity. However, where the internal control system of the audited agencies
is inadequate, the Commission may adopt such measures, including temporary or special pre-
audit, as are necessary and appropriate to correct the deficiencies. It shall keep the general
accounts of the Government and, for such period as may be provided by law, preserve the
vouchers and other supporting papers pertaining thereto.

The Commission shall have exclusive authority, subject to the limitations in this Article, to define
the scope of its audit and examination, establish the techniques and methods required therefor,
and promulgate accounting and auditing rules and regulations, including those for the prevention
and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable
expenditures or uses of government funds and properties.

Note: Appointment to any vacancy shall be only for the unexpired term of the predecessor.
In no case shall any Member be appointed or designated in a temporary or acting capacity (Art.IX )

Lesson 4
Exercises:
1. Explain the tripartite system of the Philippine government and the concept of the
separation of powers and checks and balances using diagrams/illustrations

Legislative Branch Executive Branch Judicial Branch

2. How a bill becomes a law. Discuss by using flowchart

3. Discuss how the power of judicial review reinforces the supremacy of the constitution

4. Compare the qualifications, term of office and privileges of the President, members of the
Congress and the Supreme Court

5. What are the three Independent Constitutional Commissions? Compare the qualifications,
and term of office of the commissioners.

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LOCAL GOVERNMENT (Art. X)

Learning Objectives

When you finish this lesson, you will be able to do the following:

1. Discuss the structure of local government compared to the national government.

2. Analyze and explain the powers of Local Government

3. Distinguish Local autonomy from Fiscal autonomy

Introduction
All divisions below the regional level are called "local government units (LGUs)."
According to the Constitution, the LGUs "shall enjoy local autonomy", and in which the
President exercises "general supervision". Congress enacted the Local Government of

1991 "which shall provide for a more responsive and accountable local government structure
instituted through a system of decentralization with effective mechanisms of recall, initiative, and
referendum, allocate among the different local government units their powers, responsibilities,
and resources, and provide for the qualifications, election, appointment and removal, term,
salaries, powers and functions and duties of local officials, and all other matters relating to the
organization and operation of local units.
Local Autonomy, meaning – the exercise of certain basic powers like, police power, power of
eminent domain and taxing power

Fiscal Autonomy – (freedom from control) an institution has full flexibility to allocate and utilize
its money, and dispatch needs that it requires

Just as the national government, local governments are divided into three branches:
executive, legislative and judiciary. The judicial branch is administered solely by the Supreme
Court of the Philippines, while The LGUs have control of the executive and legislative branch.

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Levels of Local Government
1. Autonomous regions Autonomous regions have more powers than other LGUs. Currently,
the constitution limits the creation of autonomous regions in Muslim Mindanao and the Cordilleras.
Other regions are not considered LGUs since they do not have political power.Currently, only
one autonomous region exists: the Autonomous Region in Muslim Mindanao (ARMM). In
2001, a plebiscite confirmed the previous composition of the autonomous region, and
added Basilan except the city of Isabela and Marawi in Lanaon del Sur within its jurisdiction;
however Isabela City is still politically a part of Basilan despite rejecting inclusion.
A1998 plebiscite for the creation of a "Cordillera Autonomous Region" was only approved by the
voters of Ifugao; as a result, the Supreme Court (Ordillo vs.Comelec; G.R. No. 93054) ruled that
a region must be composed of more than one province. The proposed Cordillera Autonomous
Region never came to be and the provinces were reorganized into the Cordillera Administrative
Region without the expanded powers of an autonomous region.
An autonomous region is governed by the regional governor; its legislature is the regional
legislative assembly.

2. Provinces Outside the lone autonomous region, the provinces are the highest-level LGUs. The
provinces are organized into component cities and municipalities.
A province is governed by the governor; it’s legislature is the Sangguniang Panlalawigan.

3.Cities

Cities are of somewhat complex matter; most cities are component cities in which they are a part
of a province. Several other cities are highly urbanized cities and independent component cities,
these cities are not politically a part of any province, hence city residents are not allowed to run
for provincial offices. Cities are composed of barangays.

A City is governed by the mayor; it’s legislature is the Sangguniang Panlungsod.

4.Municipalities

Municipalities are always a part of a province except for Pateros which was separated from Rizal
to form Metro Manila. Just as cities, municipalities are composed of barangays. A municipality is
governed by the mayor; it’s legislature is the Sangguniang Bayan.

5.Barangay

Barangays are the smallest of the independently elected Local Government Units. Barangays can
be further divided into sitios and purok but those divisions do not have leaders elected in formal
elections supervised by the national government. A barangay's executive is the Punong Barangay
or barangay captain and its legislature is the Sangguniang Barangay, composed of barangay

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captain, the Barangay Kagawads (barangay councilors) and the SK Chairman. The SK chairman
also leads a separate assembly for youth, the Sangguniang Kabataan or SK. The center of
governance is the barangay hall.
____________________________________________________________
Highly Urbanized Cities: Cities with a minimum population of two hundred thousand (200,000) inhabitants, as certified
by the Philippine Statistics Authority, and with the latest annual income of at least fifty million peso (₱50,000,000) based
on 1991 constant prices, as certified by the city treasurer. (e.g. Baguio, Cagayan de Oro, Davao City, Manila,Marikina,
Muntinupa, Quezon City, Pasay, Puerto Princesa etc. see link)

Independent Component Cities (5) Cities of this type have charters that explicitly prohibit their residents from voting
for provincial officials. All five of them are considered independent from the province in which they are geographically
located located: Cotabato, Dagupan (Pangasinan), Naga (CamarinesSur), Ormoc (Leyte) and Santiago (Isabela)

Component Cities (107): Cities which do not meet the preceding requirements are deemed part of the province in
which they are geographically located. If a component city is located along the boundaries of two or more provinces, it
shall be considered part of the province of which it used to be a municipality. (e.g. Alaminos (Pangasinan),
Antipolo (Rizal), Bacoor (Cavite), Gapan (Nueva Ecija),SanFernando (Pampanga)
SourceThe Local Government Code of the Philippines Data on population and land area are from the Philippine
StatisticsOpen StreetMap Open Data Commons Open Database License

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Illus.

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 Lesson 4 LOCAL GOVERNMENT

Exercises:

1) FILL IN THE BLANKS. Write the correct answer on the space provided for. Number one is done
for you.

1.Autonomous region is governed by the ________________ its legislature is the:

Regional Governor Regional Legislative assembly

2. Provinces ________________ _________________

3. Cities ________________ _________________

4. Municipalities ________________ _________________

5. Barangays _________________ _________________

2) Discuss the structure of local government

3) Explain the powers of Local Government
4) Differentiate Local autonomy from Fiscal autonomy

LESSON 5 CITIZENSHIP, and the exercise of Suffrage

Learning Objectives:
When you finish this lesson, you will be able to do the following:

1. Differentiate citizenship from nationality

2. Enumerate the different modes of acquiring citizenship
3. Identify ways on how to loose and reacquire one’s citizenship.
4. Understand the qualifications and requirements on the exercise of suffrage

Introduction
Citizenship refers to the membership in a political community with all its concomitant rights and
responsibilities, while a Citizen is member of a democratic political community; one who owes
allegiance to a given state, enjoys full civil and political rights, and is entitled to its protection. The
citizens are the people who compose the community who, in their associated capacity have

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established or submitted themselves to the dominion of a government for the promotion of their
general welfare and for the protection of their individual as well as collective rights (Escata vs.
Arcilla, L-2819, May 20,1951). Nationality on the other hand, refers to where an individual was born
and come from. It does not necessarily include the right or privilege of exercising civil or political rights.

Alien – a citizen of a country who is residing in or passing through another country. He is also
called “foreigner”. He is not given full rights to citizenship but is entitled to receive protection as
to his person and property.

In connection with this, the right of Suffrage as conferred by the Constitutional provision is not a
natural right of the citizens, but a political right intended to enable them to participate in the
process of government to assure it derives its powers from the consent of the governed.
(Pungutan vs. Abubakar, L-33541, 20 June 1972). It can be exercised upon the fulfillment of the
condition set upon by law. (see Sec.1, Art.2)

The following are citizens of the Philippines: (Article IV Sec.1)

 Those who are citizens of the Philippines at the time of the adoption of this
Constitution
 Those whose fathers or mothers are citizens of the Philippines
 Those born before January 17, 1973, of Filipino mothers, who elect Philippine
Citizenship upon reaching the age of majority; and
 Those who are naturalized in accordance with law.

Natural-born citizens are those who are citizens from birth without having to perform any
act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship
in accordance with the Constitution shall be deemed natural-born citizens (Sec. 2, ArticleIV)

Naturalized citizen Refer to those who were originally citizens of another country. But
who, by an intervening act, have acquired new citizenship in a different country
(see modes of acquiring citizenship)

Modes of acquiring citizenship

1. By birth
 Jus sanguinis (right of blood) which is the legal principle that, at birth, an individual
acquires the nationality of his/her natural parent/s. The Philippines adheres to this
principle.

 Jus Soli (right of soil) which is the legal principle that a person's nationality at birth is
determined by the place of birth (ie, the territory of a given state)
2. By naturalization
Naturalization signifies the act of formally adopting a foreigner into the political
body of a nation by clothing him or her with the privileges of a citizen.

Under current and existing laws, there are three ways by which an alien may
become a citizen by naturalization:

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 (a) Administrative naturalization pursuant to R.A. No. 9139;
(b) Judicial naturalization pursuant to C.A. No. 473, as amended; and
(c) Legislative naturalization in the form of a law enacted by Congress bestowing
Philippine citizenship to an alien. (So v. Republic, GR 170603, 29 January 2007)
3. By Marriage
4. By Election– those who became citizens by electing a particular citizenship

Losing of citizenship
Under Commonwealth Act No. 63, a Filipino citizen may lose citizenship:
 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 or more;
 By accepting commission in the military, naval or air service of a foreign
country;
 By cancellation of the certificate 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 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. (Valles v.
Comelec, 9 August 2000)

Note that No. [1] Has already been modified by Republic Act 9225, under which Filipino citizens
who become naturalized citizens of a foreign country may retain their Filipino citizenship by
complying with the provisions of RA 9225.
Note that No. [7] Has been repealed by the 1987 Constitution. It is no longer a ground for loss of
citizenship under the 1987 Constitution, which provides that 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. (Section 4, Article IV) The voluntary loss or renunciation of one’s nationality
is called expatriation

Reacquiring Philippine Citizenship

Filipino citizens who have lost their citizenship may however reacquire the same in the manner
provided by law. Commonwealth Act No. 63 (C.A. No. 63), enumerates the three modes by which
Philippine citizenship may be reacquired by a former citizen:

1. by naturalization,
2. by repatriation, and
3. by direct act of Congress.

Naturalization v. Repatriation

Naturalization is a mode for both acquisition and reacquisition of Philippine citizenship. As a mode
of initially acquiring Philippine citizenship, naturalization is governed by Commonwealth Act No.

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473, as amended. On the other hand, naturalization as a mode for reacquiring Philippine
citizenship is governed by Commonwealth Act No. 63. Under this law, a former Filipino citizen
who wishes to reacquire Philippine citizenship must possess certain qualifications and none of the
disqualifications mentioned in Section 4 of C.A. 473.

Repatriation, on the other hand, may be had under various statutes by those who lost their
citizenship due to: (1) desertion of the armed forces; (2) service in the armed forces of the allied
forces in World War II; (3) service in the Armed Forces of the United States at any other time; (4)
marriage of a Filipino woman to an alien; and (5) political and economic necessity.

As distinguished from the lengthy process of naturalization, repatriation simply consists of the
taking of an oath of allegiance to the Republic of the Philippines and registering said oath in the
Local Civil Registry of the place where the person concerned resides or last resided.
(Bengson III v. House Electoral Tribunal, 07 May 200) Repatriation is not a matter of right, but it is a
privilege granted by the State. This is mandated by the 1987 Constitution under Section 3, Article IV,
which provides that citizenship may be lost or reacquired in the manner provided by law. The State
has the power to prescribe by law the qualifications, procedure, and requirements for
repatriation. It has the power to determine if an applicant for repatriation meets the requirements
of the law for it is an inherent power of the State to choose who will be its citizens, and who can
reacquire citizenship once it is lost. (Tabasa v. Court of Appeals, 29 August 2006)

Effect of repatriation
Repatriation results in the recovery of the original nationality. This means that a
naturalized Filipino who lost his citizenship will be restored to his prior status as a naturalized
Filipino citizen. On the other hand, if he was originally a natural-born citizen before he lost his
Philippine citizenship, he will be restored to his former status as a natural-born Filipino. (Bengson
v. HRET, 07 May 2001)

Effect of Marriage of Citizen to an Alien (Sec. 4)

Citizens of the Philippines who marry aliens shall retain their citizenship unless by their own act
of omission they are deemed, under the law, to have renounce it.The Constitution does not
prohibit Dual Citizenship, likewise our laws do not encourage the same.

Dual allegiance v. Dual citizenship (Sec.5)

Dual citizenship is different from dual allegiance. The former arises when, as a result of the
concurrent application of the different laws of two or more states, a person is simultaneously
considered a national by the said states. For instance, such a situation may arise when a person
whose parents are citizens of a state which adheres to the principle of jus sanguinis is born in a
state which follows the doctrine of jus soli. Such a person, ipso facto and without any voluntary
act on his part, is concurrently considered a citizen of both states.

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. While dual citizenship is involuntary, dual

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allegiance is the result of an individual's volition. With respect to dual allegiance, Article IV, Section
5 of the Constitution provides: "Dual allegiance of citizens is inimical to the national interest and
shall be dealt with by law." (Mercado v. Manzano, 367 Phil. 132 [1999])

Under the Balikbayan Law, a Filipino citizen’s (including dual citizens and former Filipinos)
foreign spouse and children are entitled to a visa-free entry to the Philippines and visa-free stay
for a period of one (1) year, provided they enter the Philippines with the said Filipino and they
have a return air travel ticket.

DUTIES and OBLIGATION of CITIZENS

A. To be loyal to the Republic
B. To defend the States (Sec.3,Art.2 Constitution)
C. T contribute to the development and welfare of the State
D. To uphold the constitution and obey the laws
 To cooperate with duly constituted authorities
 To exercise rights responsibly and with due regard to the rights of others
 To engage in gainful works
 To register and vote (Suffrage, Art.5 Phil. Constitution)

SUFFRAGE (Art. V)
It refers to the right and obligation to vote in the election of all public officials and in the
determination of all questions submitted to the people for their ratification
(Martin, Phil. Govt, p.91)

As provided for by the Constitution, Suffrage may be exercised by all citizens of the Philippines
not otherwise disqualified by law (Sec.1,Art.V)

Qualifications of voters
1. A citizens of the Philippines not otherwise disqualified by law.
2. At least 18 years of age
3. Have resided in the Philippines for at least one (1) year and at least six (6) months immediately
preceding the election in the place where he proposes to vote
4. Not otherwise disqualify by law.

Disqualified Voters
1. Any person who has been sentenced by final judgment to suffer imprisonment of not less
than one (1) year, such disability not having been removed by plenary pardon; but such person
shall automatically reacquire the right to vote upon expiration of 15 years after service of sentence.

2 Any person who has been adjudged by final judgment by competent court of having violated his
oath of allegiance to the Republic of the Philippines.
3. Insane, feeble minded or incompetent persons as declared by competent authority

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No literacy, property or substantive requirement (education, sex, tax paying ability) shall be
imposed on the exercise of suffrage. Property requirement is inconsistent with social justice
principle (presupposes equal opportunity for all rich and poor alike).

Secrecy and Sanctity of the ballot. (Sec.2, Art. V) The Congress shall
2. Provide a system for securing the secrecy & sanctity of the ballot as well as a system
for absentee voting by qualified Filipino abroad.

3. Design a procedure for the disabled and the literates to vote without the assistance of other
persons that will enable them to secretly cast their ballots.
__________________________________________________________________________________
Note:
Plebiscite – (popular vote) ratify or reject constitutional amendments or proposed laws
Referendum - (direct vote of the people) adopt or reject any act or measure which has been passed by a
legislative body
Initiative – the right of the people to propose & enact laws (Art. XVII, sec.2)

Lesson 5

Exercises:

1.Differentiate Natural Born Citizen from Naturalized Citizen

2.Who are citizens of the Philippines as provided for by the Constitution?
3.Explain the reason behind the constitutional prohibition against dual allegiance.
4.Discuss the similarities and differences of repatriation and naturalization.
5.Discuss the Modes of acquiring citizenship
6.Define suffrage
7.Enumerate the qualifications and disqualifications to vote

------------------------- End of Lecture ---------------------

/tmaoliver
revised 2nd Semester 2023

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