Republic of the Philippines

DAVAO DEL SUR STATE COLLEGE

Matti, Digos City, Davao del Sur
ESSC 123 TEACHING SOCIAL STUDIES IN ELEMENTARY GRADE
The Philippines Constitution
Prepared by: Prof. Ariel C. Balio Jr., LPT

A. The First Philippine Republic (Malolos Republic,1899)

Malolos Republic
 the first republic in Asia
El Heraldo de la Revolucion

 official newspaper of the Republic.

 September 15, 1898 – The Malolos Congress convened in Barasoain Church

and Pedro Paterno was elected as its president.
 January 21, 1899 - The Malolos Constitution drafted by a committee headed by
Felipe Calderon was proclaimed transforming the government into what is known
today as the First Philippine Republic.
 January 23,1899 - Inauguration of the First Philippine Republic popularly known
as the Malolos Republic amidst colorful ceremonies at the Barasoain Church,
Malolos, Bulcan with Aguinaldo as its president.

B. 1935 Constitution
 Chairman of the 1934 Constitutional Covention – Claro M. Recto
 approved by the Filipino People

C. 1973 Constitution
 Chairman of the 1971 ConCon – Former President Carlos P. Gracia and
Diosdado Macapagal.

D. 1987 Constitution
 chairman of the 1986 ConCon – Cecilla Munoz Palma
 Approved by Filipino People (Feb. 02, 1987)
 Approved by Constitutional Commission

PHILIPPINES GOVERNMENT AND CONSTITUTION

 Political Science – is the study of the polis. It is a specialized study of state, its
government and politics.
 Polis – Greek word, it means a city, tantamount to today’s state.

State and Nation

State – has some degree of permanence; political concept
Nation - is a racial in nature, bound by a common race or language as well as
customs and traditions
 Elements of State
 People – inhabitants or the population of the state that comprises its citizens
 Territory - definite geographic area occupied by the people
 Government - agency or instrumentality through which the will of the people
is formulated, expressed and realized.
 Sovereignty – supreme power of the state to rule over its citizens within its
territory and be free from control of foreign states.
Theories of the Evolution of State
 Natural Theory – according to this theory, the formation of the state results from
man’s natural inclination to associate and interact.
 Divine Theory – this theory holds the view that the state is of divine creation
and its rules are of God’s chosen ones.
 Force Theory – this theory asserts that the state emerged as a consequences of
invasion, force or coercion.
 Patriarchal Theory – state evolves from families
 Social Contract Theory - this explains that states were formed by deliberate and
voluntary agreement among the people.
Branches of Government

 Legislative – law-making body

 Executive - law-implementing body
 Judicial - law-interpreting body
Fundamental Powers of the state

 Police power – the power of the state to enact laws or regulations in

relation to persons and property for the promotion of public health, morals, safety
and general welfare.
 Eminent Domain – right or power of the state to take private property for
public use upon payment or just compensation.
 Power of Taxation – power of the state to impose proportional charges upon
persons, property of rights, for the use and support of the government and to enable
it to discharge a legitimate function.
What is government?

 is an institution that has the power to make laws and enforce those certain territories,
people and other organizations.
 It derived from the latin word qubemaculum which means a rudder used to steer,
control, or direct.
Forms of Governments
A. According to the number of persons in whom sovereignty resides.
1. Monarchy - (rule of one) it is a form of government in which the supreme and
final authority resides in one person, whose world is considered law.
Absolute Monarchy - tanan powers naa sa KING ug QUEEN
Constitutional Monarchy – naay legislative na department
2. Aristocracy – (rule of few/Oligarchy) it is a government in which the political
power belongs to the “elite of the society, who have the high social status, wealth
and political power” of heredity nobility.
 3. Democracy – (rule of many) it is a form of government in which a supreme
political power is exercised by a majority of the people. Abraham Lincoln aptly
puts it “Democracy is the government of the people, by the people and
for the people”
Direct – if the people govern directly and immediately in an assembly.
Practicable only in small areas and assemble.
Indirect – (republican or representative) if the people given through chosen
representatives. Applicable in densely populated groupings.

B. According to distribution of powers of the central government

1. Unitary (presidential)- it is a form of government in which “the control of the
national government and the local affairs is exercised by the central or national
government
2. Federal – it is form of government in which the power of the government are
distributed between the central government and the local government, each organ
being supreme within its own political sphere.

C. According to the relationship of the legislative and executive branches of

the government.
1. Parliamentary – it is a type of government characterized by a “fusion of power”
of the legislative and executive branch. This means that there is no separation of
powers between the branches of the government greatly improves the legislative
process.
2. Presidential- this type of government is characterized by weak ties between
legislative and executive branches, and by the shifting balance of power. This
system operates on the principle of separation of powers among the branches of
the government.
What is Constitution?

 is the fundamental law of the land by which the fundamental powers of government
are established, limited, and defined and by which those powers are distributed
among several departments for their more safer and useful exercise for the benefit of
the body politics.

Basic Principle of the 1987 Constitution

 Recognition of the aid of Almighty God
 Sovereignty of the people
 Renunciation of war as an instrument of national policy
 Separation of the church and state
 Supremacy of the civilian authority over military
 Recognition of the importance of the family as basic social institution and of the vital
role of the youth in nation-building
 Guarantee of human rights
 Separation of powers
 Government through suffrage
 Guarantee of local autonomy
 Independence of the judiciary
 High sense of public service morality and accountability of public officers
 Nationalization of natural resources and certain private enterprises affected with
public interest
  Government of laws and not for men
 Non-suability of the state
 Rule of the majority – Democracy/indirect or republican
How can a constitution be changed?
Constituent Assembly – the congress may convene itself into a constituent assembly by a
simple vote of majority, though it would require the vote of three-fourths of its members to
affect amendments.
Constitutional Convention- the congress may call for a constitutional by the vote of two-
thirds of all its members
People’s Initiative- the people may directly propose changes to the constitution upon the
petition of at least 12% of all the registered voters, represented by at least 3% of all registered
voters in every legislative body.
Citizenship

 Is a term denoting membership of a citizen in political society, which membership

implies, reciprocally, a duty of allegiance on the part of the member and duty of
protection on the part of the state.
General Ways of Acquiring Citizenship

 Involuntary Method – by birth because blood of relationship or place of birth

 Voluntary Method – by naturalization, except in case of collective naturalization of
the inhabitants of a territory which takes place when it is ceded by one to another as a
result of conquest or treaty.

Citizenship of Birth
There are two principles or rules that govern citizenship by birth, namely;

 Jus Sanguinis – relationship by blood is the basis of the acquisition of citizenship

under this rule. The children follows the citizenship of both of the parents or one of
them. This is the predominating principle in the Philippines.
 Jus Soli or Jus Loci – place birth as the basis for acquiring citizenship under this
rule.
Ways of acquiring citizenship through Naturalization

 By the judgement of the Court – the foreigner who wants to become a Filipino
citizen must first apply for naturalization with proper regional trial court. He must
have all the qualifications a provided by law and must comply with all he procedures
and conditions prescribed.
 By direct act of Congress – in this case, Congress simply legislate a law granting
citizenship to a foreigner.
Suffrage – is the right and obligation to vote in the election of the government officers and
in the decision of public question submitted to the people.

 Election – refers to the selection, by which people serves as the electorate, of

persons as candidate for a fixed period.
  Recall- it is a means by which local officials may be removed from office even before
the expiration of their term of office by a votes of the residents.
 Plebiscite- it is a type of election wherein the people render decisions to accept or
reject certain amendments to the Constitution.
 Initiative- it is the process whereby the people are given the opportunity to directly
propose or enact laws.
Who may exercise Suffrage?
Under the constitution, Filipino citizens can exercise this right as long as they comply with
the following requirements:

 At least 18 years of age

 Not disqualified by law
 A resident in the country for at least one year
 A resident of the place where they intend to vote for at least 6 months, immediately
preceding the election.

LEGISLATIVE DEPARTMENT

 Legislative Power - the authority under the Constitution to make laws and to alter
them.
The Composition of the Philippine Congress

 The senate – the upper house of the congress. It is consisting of 24 senators. The
Constitution limits the term of a senator to no more than 2 terms.
 The House of Representative- the lower house of the Congress. The 1987
Constitution states that members of house or representative shall e composed of not
more than 250 members, unless otherwise fixed by the law.
The Senate

 Composition and Election – it is composed of 24 senators who are elected at large by

qualified voters as may be provided by law.
 Term of office – six years
 Qualifications of a Senator
1. A natural born citizen of the Philippines
2. At least 35 years of age on the date of the election day
3. Able to read and write
4. A resident of the Philippines for not less than 2 years immediately preceding the
election day.
The House of Representatives

 Composition and election/selection – composed of not more than 250 members

popularity known as Congressman elected form legislative or congressional district
and through party-list system.
 Term of office – 3 years
 Qualification of a representative
 1. A natural born citizen of the Philippines
2. At least 25 years of age on the election day
3. Able to read and write
4. Except for party-list representative, a registered voter
5. A resident thereof, for a period of not less than one year preceding the election
day.
STEPS IN THE PASSAGE OF THE BILL
1. First Reading
2. Referral to appropriate committee
3. Second reading
4. Debates
5. Printing and distribution
6. Third reading
7. Referral to the other House
8. Submission to join bicameral committee
9. Submission to the president
EXECUTIVE DEPARTMENT
Section 1. The Executive power shall be vested in the President of the President
Section 2. No person may be elected as President unless he is natural born citizen of the
Philippines

 Qualifications of the President and Vice President

1. Natural born citizen of the Philippines
2. Registered voter
3. Able to read and write
4. At least 40 years of age
5. Resident of the Philippines for at least 10 years
Power of the President

 Power of Appointment – the president appoints members of the constitutional

commissions, ambassadors, the public ministers and consuls or officers of AFP.
 Power of Executive Clemency – the power to grant reprieves, commutations and
pardons.

 Pardon – an act of grace proceeding from the president that exempts the individual
on whom it is bestowed form the punishment the law inflicts for a crime he has
committed.
 Reprieve – the postponement of the sentence imposed to a lesser punishment
 Commutation- the reduction of the sentence imposed to a lesser punishment
 Amnesty – an act of mercy from the president with the consent of congress granted
to certain classes of persons who have committed crimes.
JUDICIAL DEPARTMENT
Section 1. the judicial power shall be vested in one supreme court and in such lower courts
as may be established by law.
Judicial Power – is the power to apply the law to contests and disputed concerning legally
recognized rights or duties between the state and private person or between individual
before the judicial tribunal.
Section 4. The supreme court shall be composed of the chief and 14 associated justices. It
may sit en banc or in its discretion, in division of three, five, seven members. Any vacancy
shall be filled within 90 days from the occurrence thereof.
Term of Office- Members of the supreme court have no fixed term of office. They hold
office during good behavior until they reach 70 years old or become incapacitated to perform
their duties.

Qualifications:
1. A natural born citizen of the country
2. At least 40 years old at the time of appointment
3. Must have been for 15 years or more a judge of a lower court or engaged in the
practice of law in the country
4. Must be a person of proven competence, integrity, probity and independence.
SPECIAL COURTS
1. COURT OF TAX APPEALS – it has exclusive jurisdiction over taxes cases
appealed by private citizens and commercial firms
2. The Sandiganbayan - a special anti-graft court, it decides cases involving graft
and corruption by government officials and employees
3. The Ombudsman (Tanodbayan)- investigates cases of graft and corruption in
government; it acts as prosecutor in bringing graft cases before the Sandiganbayan.
Constitutional Commission

 independent provision
 independent constitutional bodies
The three Constitutional Commission
1. Commission of Civil Service
 the central personal agency of the government whose primary goal is to
professionalize the Philippines service system by setting standards and
enforcing laws and rules governing the selection, utilization, training and
discipline of civil service.
2. Commission of Audit
 Has the responsibility of ensuring transparency and accountability in
government service, particularly in the use of public funds.
3. Commission on Election
 Created for the purpose of ensuring free and honest elections and protecting
the popular will of the people as expressed in the ballot.
LOCAL GOVERNMENT
Local Government Units in the Philippines
Barangay
  The basic unit of the government
 It is made up for at least 2,000 inhabitants
 It functions as the primary planning and basic services delivery unit
 Headed by punong barangay who heads the sangguniang barangay.
Cities and Municipalities

 Composed of several barangays

 CITIES – must have an annual income of at least 20 million, a land area of at least
50 square kilometers and a population of not less than 150,000 inhabitants.
Types of Cities in the Country
1. Highly urbanized city – one that is independent form the province
2. Component City- one which is under the supervision of the province
3. Independent component city- one attached to a province but whose residents
cannot vote for provincial official.
Municipalities – must have an annual income of at least 2.5 million but not more than 20
kilometers and a population of at least 25,000 inhabitants.
Province

 Consist of cities and municipalities

 Has an area of at least 2,000 square kilometers with a population of at least 250,000
inhabitants.

ACTIVITY
1. Currently, our country is facing a COVID - 19 pandemic. As a
citizen of this country, how can you help the Government in this
time of crisis? (Justify your answers.)