HANDOUTS IN PHILIPPINE POLITICS AND GOVERNANCE

I. INTRODUCTION

A. The study of Political Science

*Political Science is the systematic study of the state and government. The word “political” is
derived from the Greek word polis, meaning a city, or what today would be the equivalent of a sovereign
state. The word “science” comes from the Latin word scire, “to know.” (*Text Book on the Philippine Constituion
2011 by Hector S. De Leon and Hector M. De Leon Jr.)

*Political science is a social science discipline concerned with the study of the state, nation,
government, and politics and policies of government. Aristotle defined it as the study of the state. It
deals extensively with the theory and practice of politics, and the analysis of political systems, political
behavior, and political culture.

Political scientists "see themselves engaged in revealing the relationships underlying political
events and conditions, and from these revelations they attempt to construct general principles about the
way the world of politics works."

Political science intersects with other fields; including economics, law, sociology, history,
anthropology, public administration, public policy, national politics, international relations,
comparative politics, psychology, political organization, and political theory. Although it was codified
in the 19th century, when all the social sciences were established, political science has ancient roots;
indeed, it originated almost 2,500 years ago with the works of Plato and Aristotle.

Political science is commonly divided into distinct sub-disciplines which together constitute the
field: Political theory; Comparative politics; Public Administration; International relations; Public
law; Political methodology;

Political theory is more concerned with contributions of various classical thinkers such as
Aristotle, Niccolò Machiavelli, Cicero, Plato and many others. Comparative politics is the science of
comparison and teaching of different types of constitutions, political actors, legislature and associated
fields, all of them from an intrastate perspective. International relations deals with the interaction
between nation-states as well as intergovernmental and transnational organizations.

Political science is methodologically diverse and appropriates many methods originating in

social research. Approaches include positivism, interpretivism, rational choice theory, behavioralism,
structuralism, post-structuralism, realism, institutionalism, and pluralism. Political science, as one of the
social sciences, uses methods and techniques that relate to the kinds of inquiries sought: primary sources
such as historical documents and official records, secondary sources such as scholarly journal articles,
survey research, statistical analysis, case studies, experimental research and model building. (*From
Wikipedia, the free encyclopedia).

https://quizlet.com/123368295/flashcards
 B. Concepts of State and Government

Meaning of State. - A state is a community of persons more or less numerous, permanently

occupying a definite portion of territory, having a government of their own to which the great body of
inhabitants render obedience, and enjoying freedom from external control.

Elements of a state. –

1. People - The mass of the population living within the state; “people” answers the question,
“who governs whom?” There is no specific number requirement; “…the state shall neither be
too small nor yet one that seems great but has no unity.” (Plato)
2. Territory - demarcated area that rightly belongs to the population; “territory” answers the
question, “where?” terrestrial, fluvial, maritime and aerial; should be permanent and large
enough to be self-sufficing.
3. Government - Refers to the agency to which the will of the state is formulated, expressed,
and carried out.
4. Sovereignty - May be defined as the supreme power of the state to command and enforce
obedience to its will from the people within its jurisdiction and corollarily to have freedom
from foreign control. “Sovereignty” may be Internal – power of the state to rule within its
territory or External – the freedom of the state to carry out its activities without subjection to
or control by other states.

Meaning of Government
Government Refers to the agency through which the will of the state is formulated,
expressed and carried out.
Question: Can the state exist without the government? No. Since government is an
element of the state.
Question: Can the government exist without the state? Yes, as in the student
government council.

Administration is the “body of men” or aggregate of those persons in whose hands are placed
for the time being the function of political control. (Sometimes referred to as
the politicians, the people in the government)
Governance is the act of governing or ruling. It is the set of rules and laws framed by the
government that are to be implemented through the representatives of the
state. Simply put, governance is what the people governments do.
Politics the activities associated with the governance of a country or other area,
especially the debate or conflict among individuals or parties having or hoping
to achieve power.

Take a look at the five main purposes of a government.

1. Defense: One of these purposes of government is to defend the borders of the nation against foreign
invasion. (Army, Navy and Air Force)

2. National Identity: Each nation is unique in its own way. Each nation has its own traditions and
culture. It is said that for a nation to exist, it must have an identity. For instance, no two flags of any
 two nations are alike nor are the national anthems and pledges. Hence, one of the most important
functions of a government is to protect and uphold the identity of its nation.

3. Representation: A government represents the interests of the nation. To protect and safeguard the
interests of the nation, the government enters into bilateral trade agreements, negotiations, treaties
and so on, with the governments of other nations.

4. Infrastructure: One of the main purposes of the government is to provide good infrastructure to all
its countrymen in the form of roads, bridges, drinking water, electricity and communication
networks.

5. Social Welfare: Last but not the least, introducing social welfare programs to protect and fulfill the
interests of the minorities, such as to provide education and healthcare facilities to the
underprivileged classes of the economy, is one of the primary purposes of the government.

*Forms of Government

The principal forms are the following:

1. As to number of persons exercising sovereign powers:

a. Monarchy or one in which the supreme and final authority is in the hands of a single person
without regard to the source of his election or the nature or duration of his tenure. Monarchies
are further classified into – Absolute monarchy or one in which the ruler rules by divine right;
and Limited monarchy or one which the ruler rules in accordance with a constitution.
b. Aristocracy or one in which political power is exercised by few privileged class which is known
as an aristocracy or oligarchy; and
c. Democracy or one in which political power is exercised by a majority of the people. Democratic
governments are further classified into – Direct or pure democracy or one in which the will of
the state is formulated or expressed directly and immediately through the people in mass meeting
or primary assembly rather than through the medium of delegates or representatives chosen to act
for them; and Indirect, representative, or republican democracy or one in which the will of the
state is formulated and expressed through the agency of a relatively small and select body of
persons chosen by the people to act as their representatives.

2. As to extent of powers exercised by the central or national government:

a. Unitary government or one in which the control of national and local affairs is exercised by the
central or national government; and
b. Federal government or one in which the powers of government are divided between two sets of
organs, each organ being supreme within its own sphere. The United States is a federal
government.

3. As to relationship between the executive and legislative branches of the government:

a. Parliamentary government or one in which the state confers upon the legislature the power to
terminate the tenure of office of the real executive. Under this system, the Cabinet or ministry is
immediately and legally responsible to the legislature and immediately or politically responsible
to the electorate, while the titular or nominal executive – the Chief of State – occupies a position
of irresponsibility; and
 b. Presidential government or one in which the state makes the executive constitutionally
independent of the legislature as regards his tenure and to a large extent as regards his policies
and acts and furnishes him with sufficient powers to prevent the legislature from trenching upon
the sphere marked out by the constitution as executive independence and prerogative. (*Textbook on
the Philippine Constitution 2011 by Hector S. De Leon and Hector M. De Leon)

II. Political Ideologies

THREE BASIC TENETS OF THE MAJOR POLITICAL IDEOLOGIES

1. CONSERVATISM
- this is the ideology that preaches keeping the system basically unchanged.
- According to Edmund Burke “the best should be conserved”, though he does not say that things
absolutely should not change – “it is just that the change should be gradual, giving people time to
adjust.”
- It is characterised by a resistant to change, adherent to limited human freedom as it chooses to
maintain traditional values, and at some extreme versions, distrust to human reasoning and
nature or anti-egalitarianism.
2. LIBERALISM – it can be said that liberalism is the opposite of conservatism for it favors
change, prefers more freedom, and has a more optimistic approach to human reasoning and
nature.
2 TYPES OF LIBERALISM
CLASSICAL LIBERALISM – adheres to the “Lasseiz Faire” system proposed by Adam
Smith, wherein government does not interfere with the market.
MODERN LIBERALISM – upon seeing the adverse impact of the free market (such as
monopolies, unfair contracts, the poor become poorer), is more open to the idea that at
certain times, the government should interfere.

3 ASPECTS OF LIBERALISM

POLITICAL LIBERALISM – autonomy and justice

It means…

 Protection of individual rights  Decentralization of Government

 Equality before the law  Democracy
 Balance and separation of powers  Separation of Church and State
SOCIAL LIBERALISM – good of community + freedom of individual
It means…
 Protection and expansion of  Active Civil Society
human rights and ccivil liberty  Religious Freedom
 Freedom of speech  Protection of environment
ECONOMIC LIBERALISM – minimal interference of government.
It means…
 Free enterprise  Promotiong of competition
 Support for free trade  Protection of private property
 3. SOCIALISM - came from the Latin word “Sociare” which means ‘’to combine or to share”. It
is a range of economic and social systems characterised by social ownership and democratic
control of the means of production, as well as the political ideologies, theories and movements
that aim to establish them.

Advantages

Workers are no longer exploited, since they own the means of production. All profits are spread
equitably among all workers, according to his or her contribution. The cooperative system realizes that
even those who can't work must have their basic needs met, for the good of the whole.

The system eliminates poverty.

Everyone has equal access to health care and education. No one is discriminated against.

Everyone works at what one is best at and what one enjoys. If society needs jobs to be done that no one
wants, it offers higher compensation to make it worthwhile.

Natural resources are preserved for the good of the whole.

Disadvantages

The biggest disadvantage of socialism is that it relies on the cooperative nature of humans to work. It
negates those within society who are competitive, not cooperative. Competitive people tend to seek
ways to overthrow and disrupt society for their own gain.

A second related criticism is that it doesn't reward people for being entrepreneurial and competitive. As
such, it won't be as innovative as a capitalistic society.

A third possibility is that the government set up to represent the masses may abuse its position and claim
power for itself.
REWARD POWER LEGITIMATE POWER

COERCIVE POWER REFERENT POWER

EXPERT POWER
GLOBALIZATION AS A CONTEXT OF RELATIONS AMONG NATION-STATES

"Globalization is a widely-used term that can be defined in a number of different ways, but when used in
an economic context, it refers to the reduction and removal of barriers between national borders
in order to facilitate the flow of goods, capital, services and labor” -. United Nations Economic and
Social Commission for Western Asia “ESCWA”

“Globalization refers to the growing economic of countries worldwide through the increasing volume
and variety of cross border transactions in goods and services and of international capital flows, and also
through the more rapid and widespread diffusion of technology.”- International Monetary Fund

“Globalization is the acceleration and intensification of interaction and integration among the people,
companies, and governments of different nations.“ - The American Forum for Global Education

“Globalization is a process that encompasses the causes, course, and consequences of transnational and
transcultural integration of human and non- human activities.”- Geneva Centre for Security Policy

“The inexorable integration of markets, nation-states and technologies to a degree never witnessed
before - in a way that is enabling individuals, corporations and nation-states to reach around the world
farther, faster, deeper and cheaper than ever before, and in a way that is also producing a powerful
backlash from those brutalized or left behind by this new system… Globalization means the spread of
free-market capitalism to virtually every country in the world.” - Thomas Friedman, The Lexus and the
Olive Tree

EFFECT OF GLOBALIZATION

1. Industrial – emergence of worldwide production markets and broader access to a range of foreign
products for consumers and companies. Particularly movement of material and goods between and
within national boundaries. International trade in manufactured goods has increased more than 100
times (from $95 billion to $12 trillion) since 1955. Chinas trade with Africa rose sevenfold during
2000–07 alone.
2. Financial – emergence of worldwide financial markets and better access to external financing for
borrowers. By the early part of the 21st century more than $1.5 trillion in national currencies were
traded daily to support the expanded levels of trade and investment. •
3. Economic – realization of a global common market, based on the freedom of exchange of goods
and capital. •
4. Job Market – competition in a global job market. In the past, the economic fate of workers was
tied to the fate of national economies. With the advent of the information age and improvements in
communication, this is no longer the case.
5. Political – some use "globalization" to mean the creation of a world governmentwhich regulates
the relationships among governments and guarantees the rightsarising from social and economic
globalization. Politically, the United States hasenjoyed a position of power among the world
powers, in part because of itsstrong and wealthy economy.
6. Cultural – growth of cross-cultural contacts; advent of new categories ofconsciousness and
identities which embodies cultural diffusion, the desire toincrease ones standard of living and
 enjoy foreign products and ideas, adoptnew technology and practices, and participate in a "world
culture".
7. Social – development of the system of non-governmental organizations as mainagents of global
public policy, including humanitarian aid and developmentalefforts.
8. Technical - Development of a Global Information System, globaltelecommunications
infrastructure and greater trans-border data flow, using suchtechnologies as the Internet,
communication satellites, submarine fiber opticcable, and wireless telephones. Increase in the
number of standards appliedglobally; e.g., copyright laws, patents and world trade agreements.
9. Legal/Ethical - The creation of the international criminal court and internationaljustice
movements. Crime importation and raising awareness of global crime-fighting efforts and
cooperation. The emergence of Global administrative law.
10. Religious - The spread and increased interrelations of various religious groups,ideas, and practices
and their ideas of the meanings and values of particularspaces and the anti-islam movements in the
west.
 HISTORICAL BACKGROUND OF PHILIPPINE DEMOCRATIC POLITICS

I- THE PRE-SPANISH GOVERNMENT OF THE PHILIPPINES

 Prior to the arrival of the Spaniards, the Philippines was composed of settlements or villages,
each called barangay, named after balangay, a Malayan word meaning “boat”.
 Every barangay was virtually a state, for it possessed the four basic elements of statehood. At
times, however, some barangays joined together as “confederations” mainly for the purpose of
mutual protection against common enemies.
 Each barangay was ruled by a chief called datu in some places, and rajah, sultan or hadji in
others. He was its chief executive, law giver, chief judge, and military head. In the performance
of his duties, however, he was assisted usually by a council of elders (maginoos) which served as
his advertisers. In form, the barangay was monarchy with the wealth, or physical prowess.
 The people of the barangay were divided into four classes, namely: the nobility (maharlika), to
which the datu belonged, the freemen (timawa), the serfs (aliping namamhay), and the slaves
(aliping sagigilid). SOCIAL CLASSES IN THE BARANGAY
 The early Filipinos had both written and unwritten laws. The written laws were promulgated by
the datus. The two known written codes in the pre- Spanish era are the “Maragtas Code” which
was said to have been written about 1250 A.D by Datu Sumakwel of Panay, and the Kalantiaw
Code written in 1433 A.D by Datu Kalantiaw, also of Panay. EARLY LAWS
 It can be said that the laws of the barangay were generally fair. The system of government,
although defective was not so bad considering the conditions in other lands in the age during
which it flourished.

II- PHILIPPINES DURING THE SPANISH PERIOD

Spain’s title to the Philippine. It was based on the discovery made by Ferdinand Magellan in 1521,
consummated by its conquest by Miguel Lopez de Legaspi 45 years later and long possession for almost
four centuries, until it was terminated in 1898, when by the Treaty of Paris, the Philippines was ceded by
Spain to the United States.

Spanish colonial government. From 1565 to 1821, the Philippines was indirectly governed by the King
of Spain through Mexico. From 1821 when Mexico obtained her independence from Spain, to 1898, the
Philippines was ruled directly from Spain.

From 1863, the military of Ultramar (colonies) exercised general powers of supervision over Philippine
affairs. Three times during the Spanish period (1810-1813, 1820-1823, and 1836-1837), the Philippines
was given representation in the Spanish cortes, the legislative body of Spain.

The government which Spain established in the Philippines was centralized in structure and national in
scope. The barangays were consolidated into towns each headed by a GOBERNADORCILLO,
popularly called capitan, and the towns into provinces, each headed by a governor who represented the
Governor General in the province. GOVERNMENT IN THE PHILIPPINE UNITARY

The power of the government were actually exercised by the Governor-General who resided in Manila.
He was “Governor-General” “Captain-General”, and “vice-royal patron.” As Governor-General, he
had executive, administrative, legislative and judicial powers.
THE GOVERNOR-GENERAL

1. As Captain-General, he was Commander-in-Chief of all the Armed Forces in the Philippines.

2. As the vice- royal patron, he exercised certain religious powers.

Because of these broad powers, it has been said that the Governor General enjoyed more powers than
the King of Spain himself. This was justified, however, because of the distance of the Philippines from
Spain.

In the administration of the Philippines, the Governor-General was assisted by many boards and officers,
particularly the Board of Authorities and the Council of Administration.

The Judiciary. The Royal Audiencia which was established in 1583 was the Supreme Court of the
Philippines during the Spanish times. Its decision is final except on certain cases of great importance
which could be appealed to the King of Spain

Evaluation of the Spanish Government in the Philippines – the government which Spain established in
the Philippines was defective. It was government for the Spaniards and not for the Filipinos. The spanish
officials were often inefficient and corrupt. Equality before the law was denied to the Filipinos.
III- GOVERNMENT DURING THE REVOLUTIONARY ERA

1. The Katipunan government

2. The Biak-na-bato republic
3. The Dictatorial Government
4. The Revolutionary Government
5. The First Philippine Republic
During the late years of the Spanish Era, several forms of governments were formed by the Filipinos
with the aim to oppose Spain’s political power as well as to established self-governance.

There are different forms of de facto government that were established in the Philippines during the
Spanish period; these governments are the Katipunan, the Biak-na-Bato Republic, the Dictatorial
Government, the Revolutionary Government as well as the First Philippine Republic.

1. The Katipunan is a secret revolutionary organization in 1896 that was organized by Andres
Bonifacio.
The central government of this secret society was vested in the Supreme Council or called as
the “Kataas-taasang Sangunian”. The Judicial council or the “Sanguniang Hukuman”
is in-charge with the judicial power.

After the founder Andres Bonifacio was executed, Gen. Emilio Aguinaldo assumes power
and established a new government. Gen. Emilio Aguinaldo acted as the first president of the
Philippines by the virtue of the Spanish period election held on the 22nd of March year 1897.

2. The Biak-na-Bato Republic was founded by Gen. Emilio Aguinaldo on the 1st of November
in the year 1897. The republic only takes effect for two years. However, the Republic of
Biak-na-Bato declared the separation of the Philippine Islands from the mother country
Spain.
3. The Dictatorial Government is also founded by Gen. Emilio Aguinaldo on 24th of May 1898;
after the outbreak of the Spanish-American War on the 25th of April in the year 1898.
With the Dictatorial government, the Philippine independence was proclaimed on the
12th day of June in the year 1898 in Kawit, Cavite.
4. The Revolutionary Government is another government established by Gen. Emilio Aguinaldo on
the 23rd day of June in the year 1898; replacing the dictatorial government. This government
aims to struggle for the Philippine independence until the foreign countries including Spain will
recognized the Philippines. It also aims for the future establishment of the real republic.
5. The First Philippine Republic was formed by the revolutionary congress of the Filipino
Representatives through the Malolos Constitution. The free and Independent Philippine republic
was inaugurated on the 23rd day of January in the year 1899, making Gen. Emilio Aguinaldo as
the president.
Our first Philippine Republic was not recognized by the family of nations. It was nevertheless an
organized government because it actually existed and its authority was accepted by the people.
In the month of February year 1899, the United States of America annexed the Philippine
Archipelago as a result of the Spanish American War.
After the World War II, the American government grants the Philippines with the Independence.
 THE GOVERNMENT OF THE PHILIPPINES
A. What is a Constitution?

A Constitution is a body of fundamental rules and maxims by which the powers of government
are defined by the sovereign and in accordance with which those powers are habitually exercised. It is
the supreme, fundamental law of the land.

The fundamental law that establishes the character of a government by defining the basic
principles to which a society must conform; by describing the organization of the government and
regulation, distribution, and limitations on the functions of different government departments; and by
prescribing the extent and manner of the exercise of its sovereign powers.

Overview of the Structure of the Philippine Government.

As provided in Article II of the Constitution, the Philippine Government is democratic and republican.
It follows the separation of powers, so that as provided in Articles VI, VII and VIII, it divides itself into
three branches: Legislative, Executive, and Judicial. Although these branches have their own particular
powers and functions, they form only one coherent government with a common purpose. Independent
Constitutional Commissions were also created as constitutional safeguards for the other aspects of
governance in the Philippines, such as audit of public funds, conduct of elections, and maintenance of
civil service. The intricacies of Philippine bureaucracy are laid down in the Constitution of Government,
which will be discussed below.

 SEPARATION OF POWERS

Purpose of the Doctrine : Prevention of Monopoly of Power. Separation of powers is said to be

an attribute of republicanism, in that, among other reasons, it seeks to prevent monopoly or
concentration of power to one person or group of persons, and thereby forestalls dictatorship
or despotism. Sovereignty resides in the people, and it should remain that way. Government
officials, who are the representatives of the people, must exercise the powers of their office in the
interest of the public. While representational exercise of power brings out the essence of
republicanism, too much concentration of power rips it apart, as was experienced some
administrations.
 CHECKS AND BALANCES

From the examples above one can understand the corollary doctrine of “checks and balances.”
Under the doctrine, there is no absolute separation of the three branches of the government,
but to maintain their coequality each department checks the power of the others. Generally,
the departments cannot encroach each others’ power, but constitutional mechanisms allow
each one of them to perform acts that would check the power of others to prevent monopoly,
concentration, and abuse of power. For example, the Judicial and Bar Council recommends
nominees to the President so that the latter will not capriciously appoint someone whom he can
easily convert into a puppet and thereby become his medium to control the judiciary. In the same
way, the disbursement of public funds cannot depend solely upon the discretion of the President,
but must be based on legislation by the Congress.

 PRESIDENTIAL SYSTEM

The Philippines has a presidential form of government because it observes the principle of
separation of powers. The ordinary connotation of presidential system is that it is headed by a
president, as distinguished from a parliamentary system which is headed by a prime minister.
The real essence, however, of the presidential system and that which distinguishes it from
the parliamentary is its strict observance of the separation of powers. Under the
presidential system, any governmental act in violation of the said doctrine is null and void.
The government is divided into three branches and each is limited to the power delegated to it.
 THE LEGISLATIVE DEPARTMENT
Meaning The word “legislative” is derived from the Latin “lex” which means “law.” In general,
legislative power refers to the power to make and unmake laws. Laws are rules or
collection of rules, whether written or unwritten, prescribed under the authority of a
political society for the common good. The “Legislative Department” (Legislature) is the
law-making branch of the government.

To whom the Congress.

power is Fundamentally, legislative power is an attribute of sovereignty, in that the Constitution
delegated? itself, the fundamental law of the State, is a legislation of the sovereign people. However,
through the Constitution, the people “delegated” the legislative power to the Congress of
the Philippines. Section 1, Article VI states that “Legislative power shall be vested in the
Congress of the Philippines…” The delegation of power entails a surrender of authority to
the representatives, or in the case of legislative power, to the Congress. Thus, law-making
can only be performed by the Congress, even if the law it enacts involves the people.

Legislative (a) Power of Appropriation. Section 29 (1), Article VI speaks of the power to appropriate.
Power as It states, “No money shall be paid out of the Treasury except in pursuance of an
Exercised by appropriation made by law.” Appropriation means the authorization by law for the use of a
Congress. certain sum of the public funds. An appropriations law is necessary before public funds
may be spent by the government for its projects. The government needs money in all its
activities and projects so that the power of appropriation, also known as the “power of the
purse,” is said to be one of the most important prerogatives of the Congress.
(b) Power of Taxation. The power, which is one of the inherent powers of the state, is
generally exercised by the legislative department. The Constitution limits such power as
follows: “The rule of taxation shall be uniform and equitable. The Congress shall evolve a
progressive system of taxation.” As was discussed in Chapter 4, taxation must be uniform,
equitable, and progressive. Any law passed by the Congress contrary to this provision is
null and void.
(c) Power of Concurrence. Section 21, Article VII states that “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.” This refers to the power of concurrence of the Congress in which
no treaty can become binding and effective as a domestic law without the two-thirds
concurrence of the Members of the Senate.

Non-Delegation Meaning and Explanation. The Congress cannot further delegate the power delegated to it
of Powers by the people. This is in keeping with the principle of non-delegation of powers which is
applicable to all the three branches of the government. The rule states that what has been
delegated cannot further be delegated – potestas delegata non delegari potest. A delegated
power must be discharged directly by the delegate and not through the delegate’s agent. It
is basically an ethical principle which requires direct performance by the delegate of an
entrusted power. Further delegation therefore constitutes violation of the trust reposed by
the delegator on the delegate. The people, through the Constitution, delegated lawmaking
powers to the Congress, and as such, it cannot as a rule delegate further the same to
another.
Composition  The Constitution prescribes bicameralism in the Congress. Congress, to whom
legislative power is vested, “shall consist of a Senate and a House of Representatives.”
 Bicameralism is a traditional form of legislative body consisting of two chambers or
houses, one representing regional interests and the other representing national
interests.
 These two are co-equal branches and their primary function is law-making.

Party-list Meaning and Purpose. The party-list system aims at establishing representation of the
Representation underprivileged. It is a social justice tool designed not just to make the underprivileged
mere beneficiaries of law but to make them lawmakers themselves. It opens up the
political system to the prejudiced and underrepresented sectors of the society. Under the
present rule, however, party-list representatives need not represent only the marginalized
and the underrepresented; national political parties can participate through their sectoral
wings provided they are registered separately in the COMELEC. Party-list representatives
after all may represent not just a marginalized or underrepresented sectors but also
“ideologies” germane to democracy.
 PARTY LIST SYSTEM – is a mechanism of proportional representation in the election
of representatives to the House of Representatives from marginalized or underrepresented
national, regional, and sectoral parties and coalition.

HOW ARE PARTY LIST SEATS ALLOCATED?

Answer: (20% of the congress or 50 congressmen) ANSWER: According to Party List
Act, after ranking from highest to lowest based on the votes they garnered, the parties,
organizations, and coalitions that received at least 2% of the total votes cast for the party
list system shall be entitled to one seat in the House. This means that for every 2% of the
votes garnered, a party is given a seat. However, a maximum of only three (3) seats are
allowed to each party

Parliamentary  Parliamentary immunity refers to the privilege given to Members of the Congress
Immunities intended to ensure their effective discharge of legislative functions and maintenance of
representation in the Congress.

 Section 11. A senator or Member of the House of Representative shall, in all offenses
punishable by not more than six years of imprisonment, be privileged from arrest
while the congress is in session. No member shall be questioned nor be held liable in
any other place for any speech or debate in the Congress or in any committee thereof.

1. FREEDOM FROM ARREST

 Every member is entitled to the privilege from freedom from arrest while
Congress is in session, whether or not he is attending session.
 Purpose of Privilege: They represent the people and their right to speak may
never be repressed. It is true that the privilege may be abused. However, the harm
which would come from its abuse is considered slight compared to that which
might arise if the privilege were not given.

2. FREEDOM FROM BEING QUESTIONED FOR SPEECH AND DEBATE

 A member of Congress enjoys parliamentary immunity in that he shall not be
questioned nor be held liable in any other place for any speech or debate “in the
Congress or in any committee thereof”.
 Purpose of Privilege: for the benefit of the people, by enabling their
representatives to discharge the functions of their office without fear of
prosecution, civil or criminal.

Overall power
of Legislative
Department
How a Bill DEFINITION OF TERMS
Becomes a law?

HOW A BILL BECOMES A LAW

a) A bill is introduced by any Member of the Senate or the House of
Representatives by filing it with the Office of the Secretary where it is calendared
for the First Reading. Some bills, however must originate exclusively from the House
of Representatives, such as the appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private bills, although the
Senate may propose or concur with amendments.
b) First reading - the number, title, and name/s of author/s are read. The
subject of the bill as expressed in its title must only be one in order to avoid hodge-
podge or log-rolling legislation which entails insertion of many unrelated subjects.
The bill is referred to an appropriate committee for study. Public hearings or
consultations may be conducted by the committee before it recommends the bill for
approval, with or without amendments, or for consolidation with similar bills, or for
disapproval. If it is disapproved, the bill is said to be “killed.” If approved or reported
out, it will calendared for the second reading.
c) Second reading - which is the start of the most important stage, the bill is read
in its entirety, together with the amendments introduced by the committee, if there
are any. The bill will thereafter be debated upon and amended if the
members deem it necessary.
d) Third Reading - The approved bill in the second reading is printed in its final form
and copies of it are furnished to the members three days before the third reading.
During the third reading, only the title of the bill is read, and immediately
after, the Members will vote thereon and their votes (yeas and nays) will be
entered in the journal. No further amendments are allowed.
e) The approved bill is referred to the other house where it also undergoes
three readings on three separate days. If compromise or reconciliation of
conflicting provisions is necessary because of the differences in the House Bill and
Senate Bill version, the bill shall be submitted to a joint bicameral committee.
f) After the bill has been approved on third reading on both Houses it shall be
submitted to the President for his action. He approves by signing the bill; he
disapproves by vetoing and returning the bill with his objections to the House of
origin. In order to override the veto of the President, two-thirds of all the Members
of each house voting separately must agree to pass the bill. If the President will not
act on the bill in thirty days, the bill shall become a law as if signed by him. “Pocket
veto” is not allowed under the laws.
g) Publication. The enrolled bill or bill as printed and approved by the Congress and
the President shall be published in a newspaper of general circulation or in the
Official Gazette of the Government and shall become binding fifteen days following
its publication unless another date is provided therein.
 OTHER PERTINENT PROVISIONS OF ARTICLE VI – LEGISLATIVE DEPARTMENT

Transparency Sec. 12 – Disclosure of financial and business interests, and potential conflict of interest. (e.g.
Disclosure of SALN)

Disqualification Sec. 13 – The members of the congress are disqualified to hold any other office or employment.

Disqualification Sec. 14 – No senator or member of the House of Representatives may personally appear as a
counsel before any courts of justice.
to appear as a
counsel - Neither shall he, directly or indirectly, be interested financially in any contract with the
Government.

House Speaker Sec. 16 – Congress shall, by a majority of all its respective members, elect the Senate president
and Speaker of the House of Representatives.
and Senate
- The Senate president and the speaker of the House hold their office at the pleasure of
President the respective members of both houses.

Regular - A majority of each house shall constitute a quorum to do business during its sessions,
Session whether regular or special.

- What is a QUORUM?
Quorum is such a number of members of the membership of an assembly or collective
body as is competent to transact its business.

Commission on Sec. 18 – There shall be Commission on Appointments consisting of the Senate President,
twelve (12) Senators and twelve (12) members of House of Representatives.
Appointment
- The power of the Commission on Appointments is to approve or disapprove appointments
submitted to it by the president.

Legislative Sec. 21 – This provision authorizes each House or any of its committees to conduct inquiries
(investigations) in aid of legislation.
Inquiry
Nota Bene : The constitutional Rights of persons appearing in or affected by such inquiries must
be respected.

Power to Sec. 23- The power of Congress to Declare the existence of War.
declare the
Existence of
War
Sec. 32 – Initiative and Referendum
Initiative and (1) Initiative – it is the reversed power of the people to directly propose and enact laws at
Referendum polls called for the purpose independenly of Congress or of local legislative body.
(2) Referendum – It is the process by which any act or law or part thereof passed by the
congress or by a local legislative body is submitted to the people for their approval and
disapproval.
Reserved legislative power to the people gives substance to the time-honored principle that
in a democratic-republican State “sovereignty resides in the people and all government
authority emanates from them.”
 THE EXECUTIVE AND EXECUTIVE PROCESS

Executive Power

1. Meaning. Executive power includes, first, the power to implement and administer the law, and,
second, other powers necessary to carry out the same. Section 1, Article VII provides that “the
executive power shall be vested in the President of the Philippines,” so that his primary role is to ensure
that the laws are faithfully executed. That executive power is given to the President alone makes him the
most potent official in the government. But while much is given to him, much is also expected. The
limits of his awesome powers are structurally provided in the Constitution to prevent irresponsible and
despotic exercise thereof.

2. Doctrine of Qualified Political Agency. While executive power is given only to the President, the
President can appoint “Members of his Cabinet” whom the law considers as his “alter egos” (extensions
of himself). Under the doctrine of qualified political agency, the acts of the Members of the Cabinet are
deemed to be the acts of the President unless reprobated or altered by him. The Cabinet Members are
political agents of the President who help him discharge his powers and duties which alone he cannot
efficiently perform. They are the heads of the departments who serve as presidential advisers. Just as the
President has the power of control over them, he also has the power to remove them, him being still the
chief of administration.

PRESIDENTIAL PRIVILEGES

1. Meaning. Presidential privilege refers to immunity or privilege granted to the President intended for
the effective performance of his executive functions and duties.

2. Kinds. The President is granted the privilege of immunity from suit and executive privilege.

(a) Immunity from suit means that the President cannot be sued, if he invokes such privilege,
for any civil or criminal action during his tenure. In one case, the Court said that “the
rationale for the grant of the privilege of immunity from suit is to assure the exercise of
the 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.” After his
tenure, however, the President can no longer invoke immunity for non-official acts.

(b) Executive privilege refers to the power of the President to withhold confidential
information from the other branches of the Government and the public. Among these types
of information covered by the privilege are: (i) conversations and correspondence between
the President and the public officials (covered by E.O. 464); (ii) military, diplomatic, and
other national security matters which in the interest of national security should not be
divulged; (iii) information between inter-government agencies prior to the conclusion of
treaties and executive agreements; (iv) discussion in close-door Cabinet meetings; and (v)
matters affecting national security and public order. These types of information are closed or
withheld from the other branches and the public because they are crucial for the exercise of
executive functions and to prevent the potential harm resulting from the disclosure of the
 same. Thus, the President and the Cabinet Members, for instance, can invoke executive
privilege even in the Congress during legislative investigations.

QUALIFICATIONS, MANNER OF ELECTION, AND TERM

1. The President. The Constitution provides the qualifications, manner of election, and term of the
President as follows:

(a) Qualifications. Section 2, Article VII of the Constitution provides the qualifications of a
President, to wit:
i. he must be a natural-born citizen of the Philippines;
ii. a registered voter;
iii. able to read and write;
iv. at least forty years of age on the day of the election; and
v. a resident of the Philippines for at least ten years immediately preceding such election.
(b) Manner of Election. He is elected at large by the direct vote of all qualified citizens.
(c) Term. His term is six years, for which he cannot seek for reelection. He may be removed
from office through “impeachment.”

2. The Vice-President. Section 3, Article VII states that the Vice-President has “the same
qualifications and term of office as the President,” for the reason that his primary role is to succeed the
President in case of vacancy due to the latter’s death, permanent disability, or resignation. He may also
be removed from office in the same manner as the President. However, the Vice-President may serve for
two consecutive terms.

3. When Qualifications must be Present. It must be noted that the qualifications must be
present on the day of the election and not on the day of filing the Certificate of Candidacy or the
day of proclamation of the President-elect. Thus, one can still run for President even if he is still thirty
nine years old on the day of filling the certificate of candidacy, for as long as he is forty years old on the
day of the election. Worthy of note also is the Constitutional limitation on the term of the President, that
is, he cannot seek for reelection. The manifest purpose of this is to prevent despotism and to protect the
highest public official from being consumed by the overwhelming powers of Presidency.

PRESIDENTIAL SUCCESSION

1. Two Rules on Presidential Succession. Section 7 and Section 8, Article VII prescribe the rules for
presidential succession or the manner of filling a vacancy in the presidency. Section 7 talks of
succession when vacancy happens at the start of the term of the President-elect, while Section 8 talks of
succession when vacancy happens at the mid part of the term of the incumbent President. These rules are
important because they provide immediate remedy for filling the vacancy in the highest and most crucial
seat of the land.

2. Succession at the Start of the Term. Under Section 7, Article VII, the rule is:

(a) The Vice-President becomes the Acting President in the event that the President-elect
fails to qualify, or when no President was chosen;
 (b) The Vice-President becomes the President in the event that the President-elect dies or
becomes permanently disabled; and

(c) The Senate President or, in case of his inability, the House Speaker, becomes the Acting
President on the event that no President and Vice-President are chosen or qualified, or where
both died or become permanently disabled.

In the first case, the Vice-President acts as President until a President-elect is qualified and chosen. In
the second case, the Vice-President does not only act as President but becomes the President. And in the
third case, the Senate President or, in his inability, the House Speaker acts as President until a President
or a Vice-President are chosen and qualified.

3. No Presidential Hold-Over. (No extension of term, no postponement of presidential election) Note

well that the former President, whose term already expired, has no right of “hold-over.” So as not to
repeat the dictatorship of the past, the Constitution is strict with the six-year term limit. No extensions
are allowed, not even in a hold-over capacity. Thus, if no President assumes office after the election, the
former President is not allowed to continue discharging the functions of the presidency.

4. Succession at the Mid-Part of the Term. Under Section 8, Article VII, the rule is:

(a) the Vice-President becomes the President for the unexpired term in case of the latter’s
death, permanent disability, removal from office, or resignation; and

(b) if the same happens to both the President and the Vice-President, then the Senate
President or, in case of his inability, the House Speaker, will act as President until the
President or Vice-President will be elected and qualified.

5. Vacancy in the Office of the Vice-President. If the Office of the Vice-President is vacant as a
consequence of presidential succession, the President shall nominate a Vice-President from among the
Members of Congress who shall assume office upon confirmation of the Members of Congress. For
example, when former President Joseph Estrada was ousted from Malacanang through People Power, he
was succeeded by then Vice- President Gloria Arroyo. As a matter of course, the Office of the Vice-
President became vacant. Thus, the new President, Gloria Arroyo, nominated then Senator Teofisto
Ginggona for Vice-President whose nomination was confirmed by the Members of Congress. Note that
President Arroyo could have nominated any Member of the Congress, that is, either a Senator or a
Member of the House of Representatives for Vice-Presidency.

6. Temporary Disability of the President. And lastly, Presidential succession also happens when the
President is “temporarily disabled.” The temporary disability of the President, of which the public must
be informed, is determined by:

(a) the President himself through a written declaration transmitted to the Senate President and House
Speaker, in which case the Vice-President becomes the Acting President;

(b) majority of Cabinet Members through a written declaration transmitted to the two officials, in which
case the Vice-President becomes the Acting President; and
(c) 2/3 vote of both Houses of Congress, voting separately, in case there is a dispute between the
President and the Cabinet Members, in which case the Vice-President also becomes the Acting
President.

Presidential incapacity is said to be terminated when the President or his Cabinet Members transmit to
the Congress that the inability no longer exists, or in case the temporary disability was declared by the
Congress, when both Houses by 2/3 vote, each voting separately, declare the termination of presidential
incapacity.

INHIBITIONS AND DISQUALIFICATIONS

The Constitution provides many inhibitions and disqualifications on the President, Vice-President,
Cabinet Members, and their deputies and assistants. The subjects of the inhibitions and disqualifications
are: (1) increase in their salaries and emoluments; (2) the holding of other offices; (3) appointment of
relatives; and (4) midnight appointment.

1. Inhibition on Salary. The Congress fixes by law the salaries of the President and Vice-
President. The salaries cannot be decreased during their tenure, but the same can be
increased. The increase takes effect only after the expiration of the term of the President and
Vice-President during whose term the increase was approved.

2. Disqualification on Holding Other Offices. They cannot also receive during their tenure
any other compensation or allowances from the Government or any other source. The reason
for this is that they cannot hold any other office or employment, unless otherwise provided
in the Constitution. Their office, being very important and crucial in the government,
demands their full time and attention. The disqualification also prevents them from
extending special favors to their own private business which comes under their official
jurisdiction, and assures the public that they will be faithful and dedicated in the
performance of their functions. Public office is public trust, so that it cannot be used for
personal benefit and familial advantage. Thus, they shall strictly avoid conflict of interest in
the conduct of their office.

It should be noted that the Vice-President can be appointed as Member of the Cabinet and
his appointment need not go through the Commission on Appointments. This is an exception
to the above prohibition, of which its purpose is to give due reverence to the second highest
office of the land and more importantly to give him a function other than being a mere
President Reserve.

3. Prohibition against Appointment of Relatives. Nepotism is prohibited by the

Constitution. Nepotism happens when the President, during his tenure, appoints his spouse
and relatives by consanguinity or affinity within the fourth civil degree as Members of the
Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or
controlled corporations and their subsidiaries. Public office is not a property, nor can it be
shared and passed as a matter of right to family members. The Philippines is not the
kingdom of the President; his office is only entrusted to him by the people who are the
 sovereign rulers of the country and to whom he must serve with utmost responsibility,
integrity, loyalty, and efficiency.

4. Prohibition against Midnight Appointments. Midnight appointments are also prohibited by

the Constitution. Midnight appointment refers to presidential appointment after election but
before assumption to office of the next President. Section 15, Article VII provides that “two
months immediately before the next presidential elections and up to the end of his term, a
President or Acting President shall not make appointments.” This is essentially a limitation
to the appointing power of the President. The purpose of the prohibition is to avoid using the
Presidency for partisan considerations and for vote buying. It is also rude and unstatesman-
like for an outgoing President to appoint within the said period so as to prevent the incoming
President to exercise his prerogative of selecting his own set of officers.

POWERS OF THE PRESIDENT

The President of the Philippines has specific powers provided in the Constitution, to wit:

(1) appointing power; (5) diplomatic power;

(2) power of control and supervision; (6) residual power;

(3) military power; (7) delegated power; and

(4) pardoning power; (8) veto power.

1. Power of Appointment.

(a) Meaning. Appointment is one mode of putting a person in office in which an appointing
authority selects a person to discharge the functions of an appointive office. The power is
exercised by the President, although legislative and judicial officials can also appoint their
respective personnel.

(b) Types of Appointment. There are four types of presidential appointments:

(i) Appointment by an Acting President ;

(ii) Temporary appointment ;
(iii) Regular appointment ; and
(iv) Ad interim appointment.

(c) Appointments Distinguished from Each Other. Appointment by an Acting President may
be revoked by the elected President within ninety days from his assumption or reassumption
of office. If it were not revoked, the appointment remains effective, as if it were the
President-elect who made the appointment. Temporary appointment is appointment made
prior a presidential election that is subject to a possible cancellation or revocation of the
President-elect. As an exception to midnight appointments, temporary appointments may be
extended by an outgoing President to executive positions when continued vacancies therein
will prejudice public service or endanger public safety. Regular appointment is presidential
appointment made with or without the consent of the Commission on Appointments. And
 Ad interim appointment is appointment made during the recess of the Congress, whether
voluntary or compulsory, which is effective until disapproved by the Commission on
Appointments or until the next adjournment of the Congress.

(d) Ad Interim Appointment vs. Regular Appointment. Ad interim appointment is different

from regular appointment, in that the purpose of the former is to prevent hiatus or lull in
government offices, while that of the latter is to simply fill an office in the ordinary course of
business; an ad interim appointee immediately assumes office, while a regular appointee
does not, since confirmation by the Commission on Appointments is still required.
Moreover, an ad interim appointment is different from temporary appointment. Although the
former is subject to the revocation of the Congress (through the Commission on
Appointments), it is not temporary because it takes effect immediately and cannot be
revoked or withdrawn by the President if the ad interim appointee is qualified. In fact, ad
interim appointment is permanent and its subsequent disapproval does not change its nature.
Lastly, an ad interim appointment is different from appointment in acting capacity, in that
the former requires confirmation of the Commission on Appointments, while the latter does
not; the former is permanent, while the latter is temporary; and the former is made during
recess, while the latter in made either during recess or not.

(e) Appointments Requiring Confirmation. Section 16, Article VII provides an exclusive list
of Presidential appointees whose appointments require the confirmation of the Commission
on Appointments. These officials are: (1) the department secretaries, ambassadors, other
public ministers and consuls; (2) officers of the armed forces from the rank of colonel or
naval captain; (3) other officers whose appointments are vested in him in the Constitution;
(4) all other officers of the Government whose appointments are not otherwise provided for
by law, and those whom he may be authorized by law to appoint; and (5) the heads of
departments, agencies, commissions, boards, those lower in rank in the President. Members
of the Constitutional Commissions and regular members of the Judicial and Bar Council are
officers whose appointments are vested in him in the Constitution. The list is exclusive, thus,
other appointments by the President do not require consent of the Commission on
Appointments.

The appointees are subject to the control of the President in line with the doctrine of the
qualified political agency. The President has the power to change and set-aside their acts.

2. Power of Control and Supervision.

(a) Control. The President has control over all executive departments, bureaus, and
offices; as chief administrator, he has the primary duty to ensure that the laws are faithfully
executed. Power of control refers to the power of the President, being the Chief Executive, to
alter, modify or set aside the acts of his subordinates and substitute his judgment for that of
the latter. His subordinates include the Cabinet Members or heads of the executive
departments, heads of bureaus and offices, and their subordinates and assistants. The Cabinet
Members are alter egos of the President as enunciated in the doctrine of qualified political
agency; thus, the President has the power to alter or set aside their acts. Moreover, the power
 of control is connected to the appointing power of the President. Just as he can put people to
appointive positions, he can also investigate, discipline, suspend, and remove them when
they become inefficient or corrupt.

(b) Supervision. The power of control includes the power of supervision. The power of
supervision refers to the authority to oversee a subordinate officer and to see to it that he
performs his functions and duties in accordance with law. It generally includes the power to
investigate. It must be noted that the power of control is broader than the power of
supervision, since the former includes the latter. The President has power of supervision
over local government units, in which he can investigate and see to it that they perform their
duties in accordance to established laws. He does not, however, have power of control over
them, so that he cannot change their acts or substitute his judgment for their judgment.

3. Military Powers.

The President is granted military powers, the primary purpose of which is to maintain civilian
supremacy over the military. The power includes: (a) calling-out power; (b) power to suspend the
privilege of the writ of habeas corpus; and (c) power to declare martial law.

(a) President as Commander-in-Chief. Section 18, Article VII states that the
President is the Commander-in-Chief of the armed forces of the Philippines, and whenever it
becomes necessary, he may call out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. As the highest civilian officer, the President is also the
highest military authority. This is so because civilian authority should, at all times, be
supreme over the military in the democratic, republican Philippines. The military is the
single most power institution equipped by law to use violence and force. Thus, to prevent
military takeover, the fundamental law makes a civilian the commander-in-chief of the
military. Although the President lacks military training, the ideals of democracy dictate that
he should possess the tremendous power of controlling and directing the military even in
times of war. While he may delegate to, and ask advice from, military men, the ultimate
authority to direct and call out the armed forces is with him. Not even the courts can
question him in exercise of this prerogative of calling the armed forces to prevent or
suppress lawless violence, invasion or rebellion.

(b) Suspension of the Privilege of Habeas Corpus. Section 18, Article VII
also expressly gives the President the power to suspend the privilege of the writ of habeas
corpus. The writ of habeas corpus is a written order issued by the court directing a
person detaining another to produce (habeas) the body (corpus) of the latter and to
explain before the court his authority for detaining the latter. Habeas corpus is a special
proceeding which provides speedy remedy for the immediate release of an unlawfully
detained person. Thus, a person who was arrested and detained without a valid warrant may
file a petition for habeas corpus for his immediate release, after the judge determines that
there is no valid ground for his detention. Under Section 18, this “privilege” of habeas
corpus may be suspended by the President in case of invasion or rebellion, and when public
safety requires it. The rationale for such power is to allow the President to expediently
 reestablish peace and order by detaining apparent offenders without the hindrance or threat
of their immediate release. Note, however, that what is suspended is the “privilege,” not the
right to file the petition for habeas corpus. Thus, even when the President suspends the
privilege, persons unlawfully detained may still file a petition for habeas corpus. Only the
privilege of immediate release is suspended.

(c) Martial Law. The power to declare martial law is likewise expressly granted in
Section 18. Martial law, within the Constitutional context, means temporary military rule
especially declared not to replace civilian authority but to help it recover in case of invasion
or rebellion, and when public safety requires it. Martial law, unlike a military takeover, does
not suspend the operation of the Constitution and guarantee for respect of human rights. It is
not permanent; it is declared only for a limited duration, that is, for not more than sixty days.
In addition, the President must also report in writing to the Congress within forty eight hours
from proclamation, and the Congress may conduct special sessions even without the call of
the President. As far as the courts are concerned, the military courts do not acquire
jurisdiction over cases involving civilians if civil courts are still able to function. These
constitutional limitations are intended to uphold democracy and civilian supremacy in the
Philippines, as well as to prevent the rise of an abusive military regime that does not respect
due process and takes for granted the liberties of the sovereign people.

(d) Comparison of the Military Powers. To compare the military powers of the President, it
must be noted that the power to declare martial law and the power to suspend the privilege
of the writ of habeas corpus are the greater powers since it curtails the freedoms and civil
liberties of the citizens. The calling out power is said to be lesser or benign power, in that it
has no such effect. Thus, the Constitution limits the former powers by making them
susceptible to review by the courts, whereas the calling out power is exercised by the
President with full discretion and wisdom as the commander-in-chief of armed forces, not
subject to judicial review.

4. Pardoning Power.

The pardoning power of the President refers to the exercise of executive clemency. It includes: (a)
pardon; (b) commutation; (c) reprieve; (d) amnesty; and (e) parole.

(a) Pardon is an act of grace which exempts an individual from serving his sentence or punishment
which the law inflicts for the crime he committed. It forgives the offender by not letting him pay for the
crime he committed. For pardon to be given, a person must first be declared guilty of a crime by final
judgment of the court, and the President thereafter extends pardon. Instead of making him serve his
sentence, the President exempts him through his personal act of grace. What the convict is exempted
from is criminal liability not civil liability.

There are two kinds of pardon: absolute and conditional. Absolute pardon is one that absolves the
convict from criminal liability without any conditions whatsoever, while condition pardon absolves the
convict from criminal liability under the penalty of recommitment to prison in case any condition
provided is violated.
It must be remembered, however, that pardon cannot be granted in cases of impeachment; or in
violations of election laws without favorable recommendation of the COMELEC; or in cases of
legislative contempt or civil contempt; or can it restore forfeited public offices.

(b) Commutation refers to reduction or mitigation of the penalty. For example, instead of serving
ten years of imprisonment, reduction has the effect of reducing the penalty to five years, for instance, at
the discretion of the President.

(c) Reprieve refers to the postponement of sentence or stay of execution. This was applicable when
death penalty was still effective. For instance, the execution of a death convict may be postponed by the
President to another date if he extends reprieve.

(d) Parole is probational release from imprisonment. It is given to a convict who has served the
minimum sentence of his penalty and has acted in good behavior inside the penal institution. Parole does
not fully restore the freedom of the parolee since he is still in the custody of the law although not in
confinement.

(e) Amnesty is an act of grace by the President extended to groups of persons who committed
political offenses. It requires the concurrence of the legislature and puts into oblivion the offense itself.
It is distinguished from pardon, in that: the former forgives political offenses (such as treason and
rebellion) deemed expedient for the public welfare than prosecution of the same, while the latter
forgives crimes against the peace of the state (such as homicide and murder); the former is usually given
to groups of offenders, whereas the latter is given to an individual; the former requires concurrence of
the Congress, while the latter does not; the former is a public act which the courts takes judicial notice,
whereas the latter is a private act of the President which must be pleaded by the person pardoned for the
court to take judicial notice; and the former looks backward and abolishes the criminal and civil liability
of the offenders, while the latter looks forward and relieves only the criminal liability of the offender.

5. Diplomatic Powers.

The President has diplomatic powers because, as the head of the State, he is the spokesman of the nation
on matters of external affairs. “He may deal with foreign states and governments, extend or withhold
recognition, maintain diplomatic relations, enters into treaties, and otherwise transact with the business
of foreign relations,” The Constitution, however, limits this power of the President, as it expressly states
“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.” Thus, if the President, for instance, enters into an international
agreement with the United States of America for the establishment of civilian rights mutually benefiting
the citizens of both countries, then on the part of the Philippines, least two-thirds of all the Members of
the Senate must concur with the said international agreement.

6. Residual Powers.

The President, as the head of the State, is given residual powers. Under the presidential system, the
President is not a mere symbolic head; he is the chief executive granted with powers, so broad to include
even those not mentioned in the Constitution. “The powers of the President are not limited to what are
expressly enumerated in the article on Executive Department and in scattered provisions of the
Constitution.” He has unstated powers called “residual powers” which are implied from the grant of
executive powers and necessary for the exercise of his duties under the Constitution. It is called
“residual” because it is whatever power which the legislature or the judiciary does not possess and
which the President could, thus, legitimately exercise consistent with his functions. This is not to foster
another dictatorship or an unbridled exercise of power as was experienced during the Marcos
administration; nor is it a violation of the Constitutional intent to limit the specific powers of the
President to avoid another abusive regime (since appropriate measures are already provided in the new
Constitution). The grant of residual powers, rather, is just in recognition of the general grant of
executive power to the President.

7. Delegated Powers.

As previously discussed, the Congress can delegate legislative powers to the President, among which are
emergency powers (Section 23(2), Article VI) and tariff powers (Section 28(2), Article VI).

8. Veto Power.

The President exercises veto power in relation to his role of checking the power of the Congress. If he
thinks that a bill enacted by Congress should be disapproved, he exercises his veto power and returns the
same with his objections to the House of origin. As a general rule, the veto must pertain to the entire bill,
so that he is not allowed to veto separate items of the bill. The exception, however, is “item veto”
allowed in case of appropriation, revenue and tariff bill. The Constitution expressly provides that
“President shall have the power to veto any particular item or items in an appropriation, revenue, or
tariff bill, but the veto shall not affect the item or items to which he does not object.”
THE JUDICIARY AND THE JUDICIAL PROCESS

Judicial Power

1. Meaning in General. In a broad sense, judicial power refers to the power of the different
courts of justice to interpret and apply the laws in particular cases . Interpretation, on the one
hand, refers to the process by which the court discovers the true meaning of the language used by the
law. Its purpose is to give effect to the intent or spirit of the law. The application of the law, on the
other, refers the process by which the court relates the pertinent legal provisions to the set of facts of
a particular case.

2. Strict Meaning. In a strict sense, the Constitution provides that “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.” The definition includes two aspects of judicial power: (a) duty
to settle actual controversies; and (b) authority to determine if there is grave abuse of discretion.

(a) The first aspect, settlement of actual controversies, is the traditional meaning of judicial power. In
here, there exists an “actual controversy” which, if properly filed, the court has duty to settle.
For an actual controversy to exist there must be a legally demandable or enforceable right
which is violated by another who, in turn, has the correlative duty to respect it. If the other
party asserts an opposite legal claim, then it becomes susceptible of judicial adjudication. A right is
legally demandable or enforceable if it is recognized by law and enforceable before the courts. A
right which has no basis in law cannot be enforced in the courts and violation of which does not
produce an actual controversy. Thus, while a woman has a right to demand for financial support from
the father of her son, she does not have the right to demand for marriage from a person who
impregnated her because the right has no basis in law; the first can give rise to an actual controversy,
while the other cannot.

(b) The second aspect, determination of grave abuse of authority, is the expanded part of judicial
power. It is said to be expanded because traditionally the courts cannot question the “political acts”
of the other departments of the government (executive and legislative – political departments). The
courts can only settle justiciable questions or questions involving rights and laws, and not political
questions or questions addressed to the wisdom or discretion of political departments. But with the
expanded authority, the courts can now determine if the political departments gravely abused
the exercise of their discretion amounting to lack or excess of jurisdiction. Grave abuse of
discretion refers to “such capricious and arbitrary exercise of judgment as is equivalent, to the eyes
of the law, to lack of jurisdiction” and for it to be covered by judicial power, abuse of discretion must
be palpably grave. Thus, the President and the Congress cannot escape the authority of the courts in
determining whether or not their political acts are void, even if they invoke that their political acts are
matters of political question. This is manifestly in line with the principle of checks and balances, and
consequently, with the doctrine of separation (in the sense of collaboration) of powers.

For example, the President is given the so-called calling out power which is a discretionary
power solely vested in him. Generally, the courts cannot inquire in this and substitute it for its
own decision since this is a political question. But if it can be shown that there is a grave abuse
of discretion on the part of the President, it will be subject to judicial review. This is now the
effect of the expanded power of the judiciary.

3. Who Exercises Judicial Power?. Section 1, Article VIII, states that judicial power is
vested in one Supreme Court and in such lower courts as may be established by law. This
means that the power to interpret and apply the laws in actual controversies is given to, first, the
Supreme Court, and, second, to other/lower courts.

4. Supreme Court and Other Lower Courts. There could only be one Supreme Court,
and its supremacy puts finality to all legal disputes. The other courts are all lower
than it, thus, they are referred as lower courts. Lower courts are also called “statutory
courts” because they are created by the act of Congress. The only Constitutional
court is the Supreme Court, while statutory courts include the Court of Appeals, Regional Trial Court,
Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial Court, Sandiganbayan, and Court
of Tax Appeals, among others. The Court of Appeals, Regional Trial Courts, Metropolitan Trial Court,
Municipal Trial Court, and Municipal Circuit Trial Court are “regular courts” created by the Judiciary
Reorganization Law (as amended). Sandiganbayan and the Court of Tax Appeals are “special courts”
respectively created by P.D. No. 1606 and R.A. No. 1125 (as amended). These courts comprise the
judicial department which exercises judicial power.

Power of Judicial Review

1. Meaning. The courts also have the power of judicial review or the power to test the validity or
constitutionality of the legislative and executive acts, such as treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction, ordinance,
or regulation. It is an aspect of judicial power, in that it is essentially derived from the duty of the
court to settle controversies between conflicting parties by applying the appropriate law. The
applicable law may be the Constitution or some appropriate statute; in case of conflict between the
two, the Constitution must prevail, and the statute which is not in accordance with it must be stricken
out, or at least some parts of it. The Constitution is the fundamental law and therefore all the acts or
laws passed by the government must be in accordance with it.

2. Requisites. The requisites of judicial review are: (a) there must be an actual controversy; (b) the
question of constitutionality must be raised by the proper party; (c) the question is raised at the
earliest opportune time; and (d) the resolution of the constitutional question is the main issue.
3. Explanatory Example. Pedro is running for reelection for his third term as congressman. However,
the Congress passed a law prohibiting reelection for the third term. Apparently, the statute is in
conflict with the Constitution which allows reelection of a congressman for his third term. He questions
the validity of the statute. Judicial review is proper in this case. There is an actual controversy between
Pedro and the government. He likewise has a legal standing because he has a personal and substantial
interest in the case such that he will be directly benefited or injured by the decision to the case. The
question was raised in the earliest possible time and the resolution of the constitutional question is the
main issue.

Judicial Independence

The Judicial Department plays an indispensable role in the government as the administrator of justice.
The government and consequently the State will not survive without the judiciary. It preserves
the cohesiveness of the different governmental organs, always seeing to it that they function in
accordance with the Constitution. And inasmuch as the Philippines is a government of laws and not
of men, the judiciary protects the very essence of democracy being guardian of rights and legal
processes. Thus, in order for the judiciary to function effectively and impartially, the Constitution
provides safeguards for its independence, to wit:

1) The Supreme Court, as a constitutional body, cannot be abolished by law passed by the
Congress;
2) Members of the Supreme Court can only be removed through impeachment;
3) The Supreme Court cannot be deprived of its minimum and appellate jurisdiction;
appellate jurisdiction may not be increased without its advice or concurrence;
4) The Supreme Court has administrative supervision over all inferior courts and
personnel;
5) It has exclusive power to discipline judges/justices of inferior courts;
6) Members of the judiciary have security of tenure;
7) Members of the judiciary may not be designated to any agency performing quasi-judicial
or administrative functions;
8) Salaries of judges may not be reduced;
9) The judiciary enjoys fiscal autonomy;
10) The Supreme Court alone can initiate the Rules of Court;
11) It alone may order temporary detail of judges; and
12) It can appoint all officials and employees of the judiciary.

Jurisdiction

1. Meaning. Jurisdiction is the power and authority of the court to hear and decide cases .
Judicial power is exercised by the various courts within their respective jurisdictions, so that if judicial
power is exercised without or in excess of jurisdiction, then the decisions of the courts are said to be
null and void.

2. Role of Congress. The various courts have their respective jurisdiction. Each jurisdiction is defined,
prescribed, and apportioned by the Congress, except that of the Supreme Court whose jurisdiction
(as enumerated in Section 5, Article VIII) is Constitutionally prescribed so that it cannot be lessened
or taken away by the Congress.

3. Kinds of Jurisdiction. Jurisdiction could be “general or limited,” “original or appellate,” and “exclusive
or concurrent.” On the one hand, a court has a general jurisdiction when it is empowered to hear and
decide all disputes filed before it except those falling in the jurisdiction of other courts; on the other
hand, a court is said to have a limited jurisdiction if it can hear and decide specific cases only. Example
of a court of general jurisdiction is the Regional Trial Court, and an example of a court of limited
jurisdiction is the Court of Tax Appeals. Moreover, a court has an original jurisdiction, on the one hand,
if it is empowered to hear and decide cases filed for the first time, whereas a court has appellate
jurisdiction, on the other, if it can review a decision rendered by a lower court. The Municipal Trial
Court, for instance, has original jurisdiction over forcible entry cases, while the Regional Trial Court has
appellate jurisdiction to review the decisions of the Municipal Trial Court. And lastly, a court has
exclusive jurisdiction if it alone has authority to hear and decide a case filed before it, while it has
concurrent jurisdiction if other courts can hear and decide a case which could be filed before it. For
example, a Regional Trial Court acting as Family Courts has exclusive jurisdiction over family cases,
whereas it (Regional Trial Court) has current jurisdiction with the Court of Appeals and Supreme Court
over habeas corpus cases.

Qualifications and Tenure

1. Qualifications of Members of the Supreme Court. Section 7(1), Article VIII provides the
qualifications of a Member of the Supreme Court or any lower collegiate court:

(a) he must be a natural-born citizen of the Philippines;

(b) at least forty years of age;

(c) must have been a judge of a lower court or engaged in the practice of law in the Philippines
for fifteen years or more; and

(d) must be a person of proven competence, integrity, probity, and independence. The
qualifications of judges in lower courts shall be prescribed by Congress, but the qualifications
must include Philippine citizenship and membership in the Philippine Bar.

2. Tenure. Justices and judges can hold office until they reach the age of seventy or become
incapacitated to discharge the duties of their office. They must be in good behavior during their
tenure; otherwise they (judges) may be disciplined or dismissed by the Supreme Court (sitting en
banc).

Composition of the Supreme Court

1. Composition. The Supreme Court is composed of fifteen members: a Chief Justice and fourteen
Associate Justices. Any vacancy must be filled within ninety days from its occurrence.
2. How Cases are Heard. In hearing cases, the Supreme Court may either sit en banc or in division of
three, five, or seven Members. On the one hand, if it sits en banc, majority of the members who
actually took part in the deliberations of the case must concur or come up with the same vote, in order
to resolve the case. En banc cases include those involving constitutionality of a treaty, international or
executive agreement, or law, those involving the constitutionality, application, or operation of
presidential decrees, proclamations, orders, instructions, ordinances, and other regulations. Also, only
the Court sitting en banc can modify or reverse a doctrine or principle which it itself laid down.
Discipline and dismissal of judges are likewise decided by the Court sitting en banc.

On the other hand, if the Court sits in division, at least three members must take part in the
deliberations and hearings of the case, and must have the same vote thereon in order to resolve the
case. If the required number is not obtained, the case shall be decided en banc. For example, if the
Court sits in division of seven, then at least three of the members must actually deliberate the case and
have the same stand thereon. If only two concurred or have the same vote, then the case will now be
decided by the Court en banc, meaning majority of all the fifteen Justices must take part in the
deliberations and majority of those who took part must have the same stand on the case. Nonetheless,
if Court sits in division of three, all the members must take part in the deliberations and come up with
the same vote in order to resolve the case. This is because the “at least three members” requirement
must also be followed.

3. Prohibitions. It must be noted that the Members of the Supreme Court and the lower courts
cannot be designated to any agency performing quasi-judicial or administrative functions.
An agency is said to perform a “quasi-judicial” function if it acts like a court in that it hears and decides
cases even if it is not a court. Administrative agencies are under the executive branch and may be
delegated quasi-judicial powers in deciding specific cases which it could competently and efficiently
resolve. Justices and judges cannot be designated to these agencies in accordance with the principle of
separation of powers. If they are allowed to be designated to administrative agencies, then they are
likewise performing executive function, thus violating the said principle.

Judicial and Bar Council

1. Meaning. The Judicial and Bar Council (JBC) is a constitutional body under the
supervision of the Supreme Court that has the principal function of recommending
appointees to the Judiciary. As was previously discussed, the Justices or Members of the Supreme
Court and judges of the lower courts are among the officials who are appointed by the President. For
their appointments to be valid, they must first be nominated by the JBC. For every vacant seat in the
judiciary, the Council prepares a list of at least three nominees from which the President shall select
and appoint. Manifestly, this is form of constitutional check on the appointing power of the President
which is already deemed sufficient even without the confirmation of the Commission on
Appointments. Thus, if there is a vacancy for judgeship in a court, the JBC must first provide a list of at
least three nominees. From the list the President shall select whom he shall appoint.
2. Composition. The JBC is composed of seven members: (a) the Chief Justice as ex officio Chairman; (b)
the Secretary of Justice as an ex officio member; (c) a representative of the Congress as ex officio
member; (d) a representative of the Integrated Bar; (e) a professor of law; (f) a retired Member of the
Supreme Court; and (g) a representative of the private sector. The ex officio members are the Chief
Justice, Secretary of Justice, and representative of the Congress. The four others are called regular
members. The ex officio members, on the one hand, are those who by reason of their office are also
members of the Council. The regular members, on the other, are appointed by the President for a term
of four years with the consent of the Commission on Appointments. The Secretary of the Council, who
shall be in-charge with the records keeping, is the Clerk of the Supreme Court.

Powers of the Supreme Court

The powers of the Supreme Court are expressly provided in Section 5, Article VIII. Its powers are
classified into: (1) its original jurisdiction; (2) its appellate jurisdiction; (3) power to temporarily assign
judges; (4) power to change venue; (5) rule-making power; (6) power to appoint court personnel; and
(7) administrative supervision over lower courts.

1. Original jurisdiction means the authority to settle cases filed for the first time. Among the cases
which can be filed and settled for the first time in the Supreme Court are, first, cases affecting
ambassadors, other public ministers and consuls, and, second, petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.

The first set of cases involves diplomatic agents, who under international law are considered
representatives of the States where they are nationals. An ambassador, being a representative or
extension of a sovereign State, has immunity from suits in the receiving state. The immunity is based
on the international law doctrine of State immunity and the equality of sovereign states. For example,
the ambassador of U.S. cannot be sued for a criminal offense committed in the Philippines, unless the
immunity or privilege is waived. In here the Philippines is the receiving State and the ambassador is a
representative of U.S. Note, however, Filipino ambassadors are not immune from suits here in the
Philippines. A consul, likewise, although a diplomatic agent, has no diplomatic immunity. Nevertheless,
all cases involving these diplomats, ambassadors, public ministers and consuls, may be heard for the
first time in the Supreme Court.

The second set of cases involves SPECIAL CIVIL ACTIONS (certiorari, prohibition, mandamus,
and quo warranto) and a special proceeding (habeas corpus). The Rules of Court provide for their
definition and the manner of their filing.

(a) Certiorari is a special civil action which is filed by a person who is aggrieved by any tribunal,
board or officer exercising judicial or quasi-judicial functions that had acted without or in excess of
its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction,
and there is no plain and speedy remedy in the ordinary course of law. Its purpose is to invalidate a
judgment rendered without or in excess of authority or jurisdiction.
(b) Prohibition is a special civil action filed by a person aggrieved in the proceedings of any tribunal,
corporation, board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions,
which proceedings are without or in excess of its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no plain and speedy remedy in the ordinary
course of law. Its purpose is to stop a tribunal or person from further engaging in proceedings
done without or in excess of authority or jurisdiction.

(c) Mandamus is a special civil action filed by a person aggrieved by any tribunal, corporation,
board, officer or person, who unlawfully neglects the performance of an act which the law
specifically enjoins as a duty resulting from office, trust, or station, or unlawfully excludes another
from the use and enjoyment of a right or office to which such other is entitled, there is no plain,
adequate, and speedy remedy in the ordinary course of law. Its purpose is to compel the performance
of a ministerial duty or duty mandated by law to be performed under certain circumstances.

(d) Quo Warranto is a special civil action instituted by the Philippine Government against a person,
public officer, or association which usurps, unlawfully holds, intrudes into an office, position, or
franchise. Its purpose is to recover an office or position from a usurper or from an officer, who has
forfeited his office, and a franchise from a false corporation (one without legal personality).

(e) Habeas corpus is a special proceeding the purpose of which is to grant speedy remedy for the
release of a person illegally confined or detained, or for the grant of rightful custody over a child or
person to someone from whom the custody is withheld or to whom it rightfully belongs.

2. Appellate jurisdiction refers to the authority to review decisions of a lower court. The Supreme Court
has appellate jurisdiction over 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.

The review of cases involves the right to appeal. As a general rule, the right to appeal is only
“statutory,” meaning it is the Congress, by means of a statute, that determines whether a person can
appeal an adverse decision of a lower court to a higher court. However, the present provision dealing
with the appellate jurisdiction of the Supreme Court is not statutory but constitutional, meaning the
Congress cannot diminish or lessen the Court’s jurisdiction and consequently prevent a person from
appealing thereto. Thus, persons adversely affected by final judgments and decrees of lower courts
involving the above enumerated cases may file an appeal or certiorari in the Supreme Court if all the
requirements are met.

It could be gleaned also from the present provision that the power of judicial review is exercised also
by lower courts. The constitutionality or validity of laws and decrees may be passed upon by the lower
courts whose decisions may be subjected to review by the Supreme Court upon filing of the proper
party.

Important to note also that only cases involving error or question of law are appealable to the
Supreme Court, except some cases. If it involves questions of fact or a mixture of fact and law, the case
cannot be elevated to Supreme Court. On the one hand, a case involves a question of fact if it requires
the determination of the truth or falsity of a fact in dispute as alleged in the pleadings of the parties.
For example, if the issue of the case is whether or not the document is genuine, then it involves a
question of fact. On the other hand, a case involves a question of law if it does not involve the
determination of the truth or falsity of a fact but only a question of validity or applicability of a law. An
example is a case involving the constitutionality of a statute. Under the Rule of Court, the mode of
appeal to the Supreme Court appropriate in cases involving purely question of law is certiorari under
Rule 45.

3. Temporary Assignment of Judges. The Supreme Court also has the power to “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.” This power reinforces the
independence of the Supreme Court from the Executive Department as well as balances the powers of
the government. Even if he is the appointing authority, the President has no power to temporarily
assign or transfer at his pleasure judges to other courts. Under the law and the present rules, only the
Supreme Court has the power to do so and under the conditions that the temporary assignment results
to a better administration of justice, faster disposition of cases, and impartial decision making.

4. Change of Venue. The Court is empowered to order a change of venue or place of trial to avoid a
miscarriage of justice. Venue refers to the place where the trial is conducted. The Rules of Court
provide the rules on venue, which are clearly intended for the speedy, impartial, and convenient
disposition of cases. If instead of being convenient, venue causes miscarriage of justice, the Supreme
Court has the power to change the venue. Even if venue is jurisdictional in criminal cases, the Supreme
Court still has the power to change the same. For example, venue maybe changed by the Supreme
Court to allow a witness to give an objective testimony without fear of retaliation from the adverse
party. The venue may also be changed when there is danger to the life of the accused.

5. Rule-Making Power. The Court has the power to promulgate rules concerning:

(a) The protection and enforcement of constitutional rights;

(b) Pleading, practice, and procedure in all courts;

(c) The admission to the practice of law;

(d) The Integrated Bar of the Philippines; and

(e) Legal assistance to the under-privileged.

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.

This power of the Supreme Court is the basis for making the Rules of Court.

6. Power to Appoint Its Own Personnel. The Court has the power to appoint all officials and employees
of the Judiciary in accordance with the Civil Service Law. Although the power to appoint is vested in the
President, the Supreme Court has the power to appoint officials and employees of the Judicial
Department. However, the appointment must be in accordance with the Civil Service Law.

7. Administrative Supervision. Section 6, Article VIII states that the Supreme Court has administrative
supervision over all courts and its personnel. This is one of the constitutional safeguards for the
independence of the judiciary. During the effectivity of the 1935 Constitution, the Department of
Justice had administrative supervision over the lower courts which compromised the independence of
the courts as their decisions were often swayed by the executive department. But with the transfer of
supervision to the Supreme Court, courts are empowered and freed from the political pressures of the
executive branch.

Decisions of the Supreme Court

1. Consultation. The Supreme Court is a collegiate court, in that it is composed of many members and
its decisions are reached through consultation or thorough deliberation of its members. Consultation is
necessary before the case is assigned to a member for the writing of the opinion of the Court. Justices
of the Court must discuss with each other and vote on the settlement of the case before a certification
is given assigning the writing of the opinion to a member. For members who did not participate,
abstained, or dissented from a decision or resolution, they must explain and state their reason for it.
The same requirements must also be observed by lower collegiate courts.

2. Constitutional Requirement. In rendering a decision, the Court must express clearly and distinctly
the facts and the law on which the decision is based. The purpose of this constitutional requirement is
to inform the parties, most especially the adversely affected party, the reasons why the judgment is
rendered as such. The Court must, therefore, state the factual and legal basis of its decision. In the
same way, resolutions refusing a petition for review or denying a motion for reconsideration of a court
decision must state the legal basis for it.

3. Period for Rendering Judgments. After the trial and parties already submitted the case for decision,
the court is duty bound to render the decision within a certain period of time. 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 Court or by the court itself. From date of submission, the
Supreme Court must decide the case or resolve any matter within twenty-four months, and lower
courts must decide and resolve within twelve months, unless reduced by the Supreme Court. If the
court fails to render a decision within the applicable mandatory period, it must still decide or resolve
the case or matter without further delay and without prejudice to such responsibility incurred because
of the delay.

C. Significant features of the 1987 Constitution

1. The Constitution establishes the Philippines as a "democratic and republican State", where
"sovereignty resides in the people and all government authority emanates from them" (Section 1,
Article II).
2. Consistent with the doctrine of separation of powers, the powers of the national government are
exercised in main by three branches — the Executive branch headed by the President, the
Legislative branch composed of Congress and the Judicial branch with the Supreme Court
occupying the highest tier of the judiciary.
3. The President and the members of Congress are directly elected by the people, while the
members of the Supreme Court are appointed by the President from a list formed by the Judicial
and Bar Council.
4. As with the American system of government, it is Congress which enacts the laws, subject to
the veto power of the President which may nonetheless be overturned by a two-thirds vote of
Congress (Section 27(1), Article VI).
5. The President has the constitutional duty to ensure the faithful execution of the laws (Section
17, Article VII), while the courts are expressly granted the power of judicial review (Section 1,
Article VIII), including the power to nullify or interpret laws. The President is also recognized
as the commander-in-chief of the armed forces (Section 18, Article VII).
6. The Constitution also establishes limited political autonomy to the local government units
that act as the municipal governments for provinces, cities, municipalities, and barangays.
(Section 1, Article X) Local governments are generally considered as falling under the
executive branch, yet local legislation requires enactment by duly elected local legislative
bodies. The Constitution (Section 3, Article X) mandated that the Congress would enact a Local
Government Code. The Congress duly enacted Republic Act No. 7160, The Local Government
Code of 1991, which became effective on 1 January 1992.
7. The Supreme Court has noted that the Bill of Rights "occupies a position of primacy in the
fundamental law". The Bill of Rights, contained in Article III, enumerates the specific
protections against State power. Many of these guarantees are similar to those provided in the
American constitution and other democratic constitutions, including the due process and equal
protection clause, the right against unwarranted searches and seizures, the right to free speech
and the free exercise of religion, the right against self-incrimination, and the right to habeas
corpus. The scope and limitations to these rights have largely been determined by Philippine
Supreme Court decisions.
8. Outside of the Bill of Rights, the Constitution also contains several other provisions enumerating
various state policies including, i.e., the affirmation of labor "as a primary social economic
force" (Section 14, Article II); the equal protection of "the life of the mother and the life of
the unborn from conception" (Section 12, Article II); the "Filipino family as the foundation
of the nation" (Article XV, Section 1); the recognition of Filipino as "the national language of
the Philippines" (Section 6, Article XVI), and even a requirement that "all educational
 institutions shall undertake regular sports activities throughout the country in cooperation
with athletic clubs and other sectors." (Section 19.1, Article XIV)
9. Whether these provisions may, by themselves, be the source of enforceable rights without
accompanying legislation has been the subject of considerable debate in the legal sphere and
within the Supreme Court. The Court, for example, has ruled that a provision requiring that the
State "guarantee equal access to opportunities to public service" could not be enforced without
accompanying legislation, and thus could not bar the disallowance of so-called "nuisance
candidates" in presidential elections.

10. But in another case, the Court held that a provision requiring that the State "protect and
advance the right of the people to a balanced and healthful ecology" did not require
implementing legislation to become the source of operative rights.

D. Parts of the 1987 Constitution

The Constitution is divided into 18 parts, excluding the Preamble, which are called Articles. The
Articles are as follows:

 Article I - National Territory

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

E. Preamble of the 1987 Constitution

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

Meaning of Preamble

The term preamble is derived from the Latin term preambulare, which
 means, “to walk before.” It is an invocation or the opening prayer in any activity
or the prologue of the constitution, invoking the highest sovereign God Almighty
to bless this instrument. If we looked deeper into the preamble, this is not an
integral part of the constitution and could not enforced, however its significance
is that studies made showed that almost all of the constitution made to contain a
preamble.

Objectives of the Preamble

It is generally considered that a preamble is not a necessary part of a

constitution, but as an introductory part, it is needed in the Philippine
constitution. The preamble of the Philippine constitution shows its framers and to
whom it is addressed to and also the general purposes and basic principles of the
charter. As interpreted, the preamble has a value in the interpretation of vague or
not clear provisions of the constitution like the promotions of the constitution like
that of the general welfare and not for private purposes.

F. The National Territory

ARTICLE I - NATIONAL TERRITORY

“The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the
islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of
the Philippines.”

Philippine Archipelago. – (1) Treaty of Paris, December 10 1898 – cessation of the Philippine Islands
by Spain to the United States; (2) Treaty of Washington November 7 1900 – clarifying territories to the
US by Spain, particularly the islands of Cagayan Sulu and Sibutu; (3) Convention between US and
Great Britain 1930– delimiting the boundary between North Borneo and Philippine Archipelago.

Article II – DECLARATION OF PRINCIPLES AND STATE POLICIES

PRINCIPLES
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people
and all government authority emanates from them.
The Philippines, a democratic and republican state.
A republican government is a democratic government by representatives chosen by the people at
large. The essence therefore, of a republican state is indirect rule.
It embodies some features of a pure or direct democracy such as initiative, referendum, and
recall.
Manifestations of a democratic and republican state:
The existence of a bill of right;
 The observance of the rule of majority;
The observance of the principle that ours is a government of laws, and not of men;
The presence of election through popular will;
The observance of the principle of separation of powers and the system of checks and balances;
The observance of the principle that the legislation cannot pass irrepealable laws;
The observance of the law on public officers;
The observance of the principle that the State cannot be sued without its consent.
Sovereignty implies the supreme authority to govern, thus the Filipino people, being sovereign
people have the right to constitute their own government, to change it, and define its jurisdiction and
powers. Exercised indirectly through public officials. Exercised directly through suffrage.
Section 1 above impliedly recognizes that the people, as the ultimate judges of their destiny, can
resort to revolution as a matter of right. A provision in the Constitution, however, expressly recognizing
the people’s right to revolt against an oppressive or tyrannical government is not necessary and proper.
Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all nations.
Case Analysis. - With the conflict in the claim of Spratleys intensifying, China decided to
launch an all out attack to the Philippines. Can the Philippines engage in war? The declaration refers
only to the renunciation by the Philippines of aggressive war, not a war in defense of her national honor
and integrity. Thus, when provoked and attacked the Philippines can retaliate and engage into war.
Renunciation of war as an instrument of national policy. Adoption of the generally accepted
principles of international law as part of our law. International law refers to the body of rules and
principles which governs the relations of nations and their respective peoples in their intercourse with
one another.
The doctrine of incorporation is the automatic adoption of international law as part of the law of
the Philippines.
The Philippines seeks only peace and friendship with her neighbors and all countries of the
world, regardless of race, creed, ideology, and political system, on the basis of mutual trust, respect, and
cooperation. Adherence to the policy of peace, etc., with all nations.
Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the
State and the integrity of the national territory.
Supremacy of civilian authority over the military is -
1. Inherent in a republican system. As a republican government, it is that civilian authority is
above the military and is internationally recognized. This is a traditionally accepted principle
as one of the separation of powers which is significant during periods of martial law or
suspension of the writ of habeas corpus. (Article III, Sec. 15; Art. VII, Sec. 18)
 2. It is a safeguard against military dictatorship. To safeguard the abuses of the military civilian
government like the republican and democratic government has the authority to appoint and
control the military, like the President who is the Commander-In-Chief of the Armed Forces
of the Philippines.
Section 4. The prime duty of the Government is to serve and protect the people. The Government
may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal, military or civil service.
“… the foremost duty of the government is to serve and protect the people. The government exist for
the people and not the people for the government.”
Prime duty of the Government
Defense of the State by the people against foreign aggression …the government may call upon
the people to defend the State. For self-preservation and to defend its territorial honor and integrity, the
Philippines can engage in a defensive war. The defense of the State is one of the duties of a citizen.
Military and civil service by the people
1. Defense of State performed through an army. The joint obligations of the government and the
people cannot be performed without an army. It is apparently clear that an army should be
organized, thus, military and civil service. Military services here means the armed forces
involvement while civil service means employment of the citizens to munitions plants or related
employment of the Armed forces of the Philippines.
2. Compulsory. Compulsory is the compilation of citizens to render military, or civil service. Any
citizen recruits cannot refuse to render military or civil service according to law.
3. Personal. Personal means rendering of service through another.
4. By Law. This point to preventive arbitrariness on the part of public officials to render military or
civil service.

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of the blessings
of democracy.
Only when peace and order, security, and a life of dignity are established and maintained, will
political stability and economic prosperity become attainable and the people truly enjoy the “blessings of
independence and democracy.”

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

Principle of separation of the Church and State. - The principle simply means that the Church
is not to interfere in purely political matters or temporal aspects of man’s life and the State, in purely
matters of religion and morals, which are the exclusive concerns of the other.
The State shall have no official religion; The State cannot set up a church, whether or not
supported with funds; Nor aid one religion, aid all religions, or prefer one religion over another; Every
person is free to profess belief or disbelief in any religion;
Meaning of “establishment of religion clause. - Every religious minister is free to practice his
calling; and the State cannot punish a person for entertaining or professing religious beliefs or disbeliefs.
Preamble – The command that Church and State be separate is not to be interpreted to mean hostility to
religion.
 Respect of religion. - Our Constitution and laws exempt from taxation, properties devoted
exclusively to religious purposes; No hostility towards religion.
The use of public money or property is not prohibited when a priest, preacher, minister, or
dignitary as such is assigned to the armed forces, or to any penal institution, or government orphanage or
leprosarium; Optional religious instruction in public elementary and high school is by constitutional
mandate allowed; Thursday and Friday of Holy Week, Christmas Day and Sundays are made legal
holidays because of the idea that their observance is conducive to beneficial moral results; and the law
punishes polygamy and bigamy, and certain crimes against worship are considered crimes against the
fundamental laws of the State.
Reason underlying the principle. - It is significant that the separation of the State and the
Church is to protect Philippine society from using each other for their self-interest.

STATE POLICIES
Section 7. The State shall pursue an independent foreign policy. In its relations with other states
the paramount consideration shall be national sovereignty, territorial integrity, national interest,
and the right to self- determination.
Foreign policy is a set of guideline followed by a government of a country in order to promote its
national interest through the conduct of its relations with other countries.
Foreign Policy of the Philippines. - Foreign policy is the interaction of states with each other.
States could not exist without the other since trade and exchange of culture and technology is the basis
of its development. It is the objective of a State to promote international relationships for national
interest.
Foreign policy therefore is an instrument of domestic policy. As constituted in our constitution,
the State has to pursue an independent foreign policy, but limits its dependency from another.
Formulation and conduct of foreign policy. - The president formulates our foreign policy
principally with the help of the Department of Foreign Affairs.
Pursuit of an independent foreign policy. - An independent foreign policy means one that is
not subordinate or subject to nor dependent upon the support of another government. An independent
foreign policy, however, it is not one that completely rejects advice or assistance from without. In
general , our basic foreign policy objective is to establish friendly relations with all countries of the
world regardless of race, religion, ideology and social system and to promote as much beneficial
relationship with them particularly in economic and trade activities.
Paramount consideration. - In its relations with other states, the paramount consideration of the
Philippines shall be national sovereignty, territorial integrity, national interest, and the right to self-
determination.
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.
Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity
and independence of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living, and an improved
quality of life for all.
 Policies necessary to be pursued. – Adequate social services, promote full employment, a
rising standard of living, and an improved quality of life for all.
Just and dynamic social order. Solving the problem of mass poverty; The goal is to reduce that
political and economic power of privileged few by equalizing widely differing standards and
opportunities for advancement and raise the masses of our people from a life of misery and deprivation
to a qualitative life worthy of human dignity and respect.

Section 10. The State shall promote social justice in all phases of national development.
In the fulfillment of this duty, the State must give preferential attention to the welfare of the less
fortunate members of the community, those who have less in life.
Section 11. The State values the dignity of every human person and guarantees full respect for
human rights.
…the individual enjoy certain rights which cannot be modified or taken away by the lawmaking
body.”
These rights are protected or guaranteed because of the belief in the inherent dignity and basic
moral worth of every human person.
..the human person is the end of every social organization…
The value accorded to human dignity is measured by the extent of respect for human rights,
principally the rights to life, liberty and property.
Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the mother and
the life of the unborn from conception. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of moral character shall receive the
support of the Government.
Right to life of unborn from conception. - According to the Catholic Moral Code, the unborn
child is already considered a human being and subject to human rights. It is the obligation of the State to
protect the unborn child.
This provision of the Constitution is a preventive measure of the possibility of abortion being
legalized by future legislation. The youth’s participation in nation building must be maintained as a joint
action by the State and family.

Section 13. The State recognizes the vital role of the youth in nation-building and shall promote
and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in
the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
The youth as future leaders. - The youth are the backbones of the Philippine society and
comprise the great majority of our people and therefore is the concern of the State to promote and
protect their well-being. It could not be denied that today’s youth are more informed and articulate and
politically informed. It is for this reason that more youth today are involved in radicalism and in policy-
making decisions of the country.
Section 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.
 Women participation in nation-building. - It is generally accepted that the role of women both
in business and politics cannot be over-emphasized. It must be recalled that Filipino women during the
past decades especially during the colonization days took active part in nation-building, much more the
current events that women played an important role in politics. Men compared to women are more
susceptible to graft and corruption, the reason that confidence on women had evolved.
It is on this aspect that the Constitution gives recognition of the role of women not only in the
management of the homes but also in nation-building.

Section 15. The State shall protect and promote the right to health of the people and instill
health consciousness among them.
Right to health. - Since people are the basic social unit of government, it is the obligation of the
State to promote and protect the right of the people to health. Healthy people means productivity and
consciousness to their participation in nation-building. (Article XIII, Secs. 11-13)
Section 16. The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.
It is the constitutional right of the people to have a balance and healthful ecology. - Ecology
refers to the branch of science that deals with the study of the relationships of living things (organisms,
plants and animals) and their environments. (Article XII. Sec. 3)
Section 17. The State shall give priority to education, science and technology, arts, culture, and
sports to foster patriotism and nationalism, accelerate social progress, and promote total human
liberation and development.
Section 18. The State affirms labor as a primary social economic force. It shall protect the rights
of workers and promote their welfare.
Section 19. The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.
Economic development is the ultimate goal of the State. - In the declaration, Section 19
outlines the constitutional guidelines in the development of the economy as a policy in order to achieve
economic self-reliance, independent national economy and effective Filipino control of the economy.
(Article XII, National Economy and Patrimony, Sec. 1)
Section 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.
Section 21. The State shall promote comprehensive rural development and agrarian reform.
Section 22. The State recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.
“Cultural minorities” refers to that groups of Filipinos with cultural inferiority. This is so
because these groups had swayed away from civilization of Philippine society.
Section 23. The State shall encourage non-governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and information in nation-
building.
Section 25. The State shall ensure the autonomy of local governments.
Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit
political dynasties as may be defined by law.
Citizen has all the opportunities to public service (Article VI, Secs. 4, 5 and 7 and Article X,
Sec. 8). - In a democratic system of government, it is a constitutional policy that prohibits political
dynasties. This is so because when political dynasties exist there is no equal access to opportunities for
public service.
Section 27. The State shall maintain honesty and integrity in the public service and take positive
and effective measures against graft and corruption.
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public interest.
The essence of democratic system of government that the people have the right to examine all
government transactions. In a society like ours, where democratic principles are adhered to all
transactions by the government which involve public interest must be publicly presented and discussed
to the Filipino people.

The Filipino people have all the rights to know such public transactions, especially involving
expenditures of public funds. However, for reasons of government systems management, limitations are
made like records involving the security of the State or those which are classified as confidential. (Article
II, Section 7).

H. Bill of Rights – Composed of 22 sections, enumerates the rights and privileges of people guaranteed
by no less than the constitution. Such rights and privileges corresponding to their respective section
number, may be summarized, to wit:

1. Right to Due Process and Equal Protection of the Laws;

2. Right to Just Compensation in Eminent Domain;
3. Right Against Unreasonable Searches and Seizures;
4. Right to Privacy of Communication and Correspondence;
5. Liberty of Abode and of Travel;
6. Right to Information on Matters of Public Concern;
7. Right to Form Associations;
8. Freedom of Religion;
9. Freedom of Speech, Press and Assembly;
10. Right Against Enactment of Law Granting Nobility Title;
11. Right Against Impairment of Contracts;
12. Right Against Enactment of an Ex-Post Facto Law and Bill of Attainder;
13. Non-Imprisonment from Debt or Non-Payment of Poll Tax;
14. Right Against Involuntary Servitude;
15. Privilege of the Writ of Habeas Corpus;
16. Right to Speedy Disposition of Cases;
17. Right to Criminal Due process;
18. Right to Bail;
19. Right of the Accused, which are –
(a) Presumption of Innocence
(b) Right to be Heard
(c) Right to be Informed of the Nature and Cause of Accusation
 (d) Right to Speedy, Impartial and Public Trial
(e) Right to Confrontation and
(f) Right to Compulsory Process to Secure Attendance of Witnesses
20. Right Against Self-Incrimination including the Rights to Remain silent,
to Counsel and to be informed of such right;
21. Right Against Excessive Fines and Cruel or Unusual Punishment;
22. Right Against Double Jeopardy; and
23. Free Access to the Courts

The foregoing rights, while denominated as constitutional rights, are never absolute. They are
usually limited by the Police Power of the State and to extent by the power of Eminent Domain and
Taxation. Police Power refers to the regulation of individual rights in the interest of public welfare,
public health and safety, public morals and national security among others
 RUBRIC FOR DAILY CLASS PARTICIPATION

https://www.cbd.int/ibd/2008/Resources/teachers/appendix3.shtml
http://blogs.syracuseartsacademy.org/apratt/2014/01/03/book-reports-2/
RUBRICS FOR REPORTING