CHAPTER I – INTRODUCTION TO POLITICAL

SCIENCE
CHAPTER OBJECTIVES:
At the end of this chapter, you should be able to:

a. define the word politics and its origin;

b. differentiate the different forms of government;
c. explain the importance of government and,
d. analyze the theories and concept of political science and, social
contract.

Quick Check!!
Share and speak-out what you know…

Good day! I’m Tim. Your learning assistant. Before proceeding to your new
lesson, I have few tasks and question for you to ponder upon.
What’s the first idea that comes into your mind when you hear the
word politics and constitution? Have you ever encountered these
words before?

I. CONCEPT OF POLITICAL SCIENCE

POLITICS came from the Greek word Polis which means City-State.
ARISTOTLE made the observation that in every polis or state, the
essence of social existence is politics and that when two or more men
interact with one another they are invariably involve in a political
relationship. Such relationship may be characterized by “rule”, “authority”
or power.
DAVID EASTON postulated that politics is the authoritative
allocation of values. By values, he did not mean be the moral ideals but
rather the benefits and opportunities which people value or desire. And
the reason why politics is omnipresent in societies is that, resources are
limited and valued possessions such as wealth, comforts, status, and so
on are invariably scarce and unevenly distributed.
HAROLD LASSWELL said that politics is always concerned with who
gets what, when, and how in society. He likewise observed that politics is
the distribution of the good things of life which people value and desire.
Politics exists within any group in society whenever a decision is to be
taken which impinges on members of that group. This very wide view of
politics can apply to all kinds of groups.
ROBERT DAHL said, “politics arises, then, when there are people
living together in associations, whenever they are involved in conflicts,

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and whenever they are subjected to some kind of power, rulership, or
authority”
In this regard, politics exists everywhere; within labor unions,
business organizations, interest group organization of doctors, nurses,
farmers, consumers, even private clubs, school campus association
anywhere where groups of individuals assemble.
All people then are politicians, but some are more political than
others.
Other political thinkers who contributed their ideas on politics are:
JEAN BODIN (1530-1596). A French philosopher who coined the
term “Political Science”. Being a lawyer by profession, he focused on the
characteristics of the state which gave political science an abiding concern
for the organization of institutions related to law.
BARON DE MONTESQUIEU (1689-1755). A French philosopher who
argued that all the functions of government could be encompassed within
the categories of legislation, execution and adjudication of laws. This was
adopted by countries like the Philippines when it emphasized the
importance of the three branches of government in its constitution.

II. POLITICAL SCIENCE DEFINED

POLITICAL SCIENCE is a systematic study of the state and the
government. It studies the operation of the government in order to
demonstrate what is good, to criticize what is bad or defective and
suggests improvements.
It likewise pertains to a mass of systematically researched and
organized knowledge about the state and its institutions, including closely
related organized organizations and associations acquired through long
years of observation and experience.
It is a study of politics, an attempt by systematic analysis to
discover in a confusing-details, whatever principles may exist of wider or
more general significance. (Robert Dahl)

III. THE THEORIES OF STATE’S ORIGIN

1. DIVINE RIGHT THEORY. The oldest of the seven (7) theories, it
presents the view that the state is created by God. The authority to
govern the people was ordained by God upon rulers who were
regarded as of Divine descent.

Monarchs during the Middle Ages invoked this theory to justify their
absolute rule.

Hence, this theory merged politics with religious belief. It is a

doctrine which give a more powerful and persuasive sanction for
kingship: that of divine will.

2. SOCIAL CONTRACT THEORY. This theory was based on the

notion that the state is a deliberate creation of men by means of a

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 social contract reached through their common consent. It assumes
that there was a time when men lived in a “state of nature”,
without any political organization, when only the laws governing
their actions were those dictated by the instinct of reason or by
nature itself.

To preserve their race and existence, they have to surrender their

rights and other interests by signing an agreement which they
called “Social Contract”.

“By nature, men are beast or animals”.

Social contract theorists:

A. Thomas Hobbes - he viewed man in a state of nature as nasty and
brutish, despicable and untrustworthy.

Hobbes’ belief is that man’s desire for self-preservation, order and

peace could be attained only if they surrender all their natural
rights and submit their will to an absolute sovereign monarch, the
Great Leviathan or the mortal god. The monarch exercises absolute
powers and that the people had no right to revolt.

Sovereignty is indivisible and inalienable in the sovereign ruler, who

personifies the state. Hobbes’ social contract was not really special
contract, since there was no covenant or contract between the ruler
and the people.
The sovereign had no obligations to his subjects nor could they limit
his exercise of absolute power.

B. John Locke - he believed that men are rational beings and could
make use of the natural law for their own good. But they needed
the state to maintain peace and order, provide them social services,
and settle their quarrels and conflicts.

According to Locke, men should quit the state of nature to form

themselves a civil society. In this society, a covenant was
formulated between citizens and government, a trustee which they
could dismiss if it did not maintain the freedom and equality that
men originally knew and enjoyed.
As trustee, the government had to protect and preserve people’s
rights, especially naturals rights.

Men retained their natural rights in a civil society and that political
powers or sovereignty should not be assigned to the monarch, but
to the people’s representatives in parliament who should be
supreme (Limited government).

C. Jean Jacques Rousseau - in the book of Rousseau on Social

Contract emphasized his theory about the general will. He conceived
a social community which he considered to be the “true state”, as the

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 rightful substitute for anarchy in a state of nature. This community
possessed the “general will” shared by every member.

Under the theory of general will, Rousseau belittled the importance of

government because it did not exercise sovereignty which rightfully
belongs to the people as a corporate which could be withdrawn or
altered as the general will of the people dictated.

Popular sovereignty connotes participatory democracy and that

government is legitimate only insofar as it operates according to the
principles of popular sovereignty. “Everybody should sign the contract as
he believed in equality.”

3. THE NATURAL THEORY. It held that the state was a natural

institution and not an abstract or artificial being. Under this theory, the
state a living organism which is natural because it has the capacity to
grow, develop and attain a fully civilized life.
This is related to revolutionary theory because it grows or develops
gradually.
In the view of Aristotle, man living without the state was either a
god or a beast.

4. THE PATRIARCHAL/MATRIARCHAL THEORY. The state arose

through a process of evolution. At the beginning the state evolved from
the smallest unit of society= the family. The family enlarged into a clan
and later on, the clan expanded into a tribe, the tribe into a nation, and
the nation into a state.
According to Robert Lowie in “The Origin of the State”,
families/institutions later bloomed into a fully formed state-due to the
complexity of social life.
Ex. The term Barangay in the Philippines is equivalent to the concept of
City-State of Greece.

5. THE FORCE THEORY/NECESSITY THEORY. According to this theory,

the state came into existence out of conquest, force or coercion. The state
is looked upon as the necessary result of man’s desire for self-protection.
Hitler once said: “Only force rules. Force is the first law.”
This likewise applies Hobbes’ philosophy of “Might makes right”. For
without power to enforce law and will of the Sovereign, there would be no
state, no government no stability and no security.

6. THE INSTINCTIVE THEORY. Advocates of this theory claimed that

the state was created because of the natural inclination of men towards
political association. A social being by nature, man associated himself with

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other men for self-preservation and security. Hence, the state came into
existence.

7. THE ECONOMIC THEORY - The state developed out of man’s

economic wants. Man in isolation could not procure all the necessary
things that he needed.
Plato claimed that societies arose out of the needs that could be
satisfied only if man cooperated with one another.
He conceived the state as a social system of services in which the
members both gave and received not only for their mutual benefit but also
for the general well-being of the community.

IV. STATE DEFINED

STATE is a community of persons more or less numerous
occupying a definite territory completely free of external control and
possessing an organized government to which the great body of
inhabitants render habitual obedience. (James Garner)
Essential Elements of the State:
1. PEOPLE. The term refers to the inhabitants or population of a
state. The number comprising the state is not definite. Its
population would depend on the size of the territory.
It is a group of persons sufficiently numerous held together
by a common bond.
2. TERRITORY. It refers to the fixed portion of the surface of the
earth inhabited by a common bond.
It must neither be too big as to be difficult to administer and
defend nor too small as to unable to provide the needs of the
population.
Components of the Territory
a. Terrestrial Domain which refers to the land mass.
b. Fluvial Domain which refers to the Inland or internal
waters.
c. Maritime Domain which refers to the external waters like
the sea.
d. Aerial Domain which refers to the air space above the land
and water.

3. GOVERNMENT. It is the essential instrument or machinery of

the state that carries out its will, purposes, and objectives.
Government is an institution by which society’s needs for social
are satisfied and by which men’s conflicting interest are
reconciled.
It is an institution organized and run in order to manage the
affairs of the state.

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 From the viewpoint of international law, no particular form of
government is prescribed provided only that the government I s
able to represent the state in its dealing with other states.

V. FORMS OF GOVERNMENT
A. As to the number of persons exercising the sovereign powers.

1. MONARCHY. It is government 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 of duration of his tenure.
Kinds of Monarchy
a. Absolute Monarchy. A government by which the ruler rules by
divine right. He wields executive, legislative and judicial powers.
The monarch holds the throne by hereditary right.

b. Limited/Constitutional/Enlightened Monarchy. A government in

which the monarch is willing to part delegate some of his powers to
some government agencies. He rules in accordance with the
Constitution.

2. ARISTOCRACY. A government in which political power is exercised by

a few privileged classes. It is a government by the “best” members of the
community. This is so because the aristocrats are presumably men of the
highest intelligence and integrity.
3. DEMOCRACY. A government in which political power is exercised by
the majority of the people. It is the government of the people, by the
people and for the people.

Kinds of Democracy
1. Direct or Pure Democracy. It is one in which the will of the state is
formulated or express directly and immediately through a mass meeting
or assemble rather than through medium of delegates or representatives
chosen to act for them.
2. Indirect, Representative or Republican Democracy. A government in
which the will of the state is formulated and expressed through the
agency of a relatively small and select body of persons by the people to
act as their representatives.
B. As to the extent of powers exercised by the central or national
government
1. UNITARY GOVERNMENT. One in which the control of the national and
local affairs is exercised by the central or national government.

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2. FEDERAL GOVERNMENT. One in which the powers of government are
divided into two sets of organs, one for the national affairs and the other
for the local affairs.
C. As to the relationship between the Executive and Legislative branches
of the government.

1. PARLIAMENTARY GOVERNMENT. One in which the state confers

upon the legislature the power to terminate the tenure of office of the
Chief Executive.
This government is characterized by “Interdependence by
integration”. Here, the ministers of the executive branch get their
democratic legitimacy from the legislature and are accountable to that
body, such that executive and legislative branches are intertwined.
Under this system, the cabinet or ministry is immediately and
legally responsible to the legislature and politically responsible to the
electorate, while the titular or nominal executive (Chief of State), occupies
a position of irresponsibility.
Parliamentary system are of two types: Cabinet-dominated or
assembly-dominated. In both varieties, the senior politician tends to be a
Prime Minister who controls and may even dominate his or her ministers,
but is also responsible to the legislative boy whether it is an assembly or
Parliament.
In Cabinet-dominated systems, the ministers and the Prime
Ministers are collectively responsible to the legislature for their actions.
(The classic example is the Westminster model used in Britain, Canada,
Australia, New Zealand and India).
When the government cannot dominate the legislature, political
scientist tend to call the system assembly-dominated to indicate the
relative weight of the legislative body in policy formulation.
In assembly dominated system, the members of the legislature
make and unmake cabinets and Prime Minister at will.

Essential Features of a Parliamentary System of

Government:
a. Members of the government, or the cabinet or the executive
are as a rule, simultaneously members of the legislature.
b. The Prime Minister is chosen from among the elected
members of the Parliament.

c. The government is in effect the committee of the legislature.

d. Government/cabinet stays in power only so long as it enjoys
the support of the majority of the legislature;

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 e. The Prime Minister’s tenure is dependent upon the legislature
by a vote of confidence.
f. There is merger of the executive and legislative.

2. PRESIDENTIAL GOVERNMENT. One in which the stake 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 market out by the constitution as executive in
dependence and prerogative.
This is likewise a government characterized by a separation of
powers among the Legislative, Executive and Judiciary. This system
embodies “Interdependence by separation and coordination”.
Essential Features of the Presidential System of Government
1. The President is the Head of the State and Government;
2. The President is directly elected by the people;
3. The President can only be removed through impeachment;
4. The Executive department is independent from the legislative
department.
5. The president’s tenure is fixed.

SOVEREIGNTY
It is defined as the supreme and final legal authority of the state to
enforce its will on its members by coercive sanctions, if necessary, which
must not be subject to any like power.
Coercive sanction presupposes legitimate force which is very
essence of the state’s existence, or any political system for that matter.
There are two aspects of sovereignty, to wit:
1. Internal sovereignty, is the supreme or absolute power of a state to
enforce its will on the people within its territory. It implies therefore, that
the government must possess adequate powers to control and regulate
the conduct and affairs of the people within the borders of the state.

2. External sovereignty, which means independence of state from

control by any other state. The independence of a state should be
recognized and respected by the nation-states.
It also implies that all nation-states enjoy equality under international law.
The charter of the United Nations declares sovereign equality of all its
members. If new states immediately seek membership in the United
Nations, it is to establish their recognized right to sovereign equality.
Characteristics of Sovereignty

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 a. Absolute. The exercise by the state of its sovereign powers is
absolute in the sense that the state is not subject to restrictions by
any other power.

“Jean Bodin (1530-1597), father of the modern theory of sovereignty,

defines sovereignty as the supreme power subject and their possessions
unrestricted by law. It is unrestricted because it is the source of Law.“
Limitation on Sovereignty
In reality, we cannot say that the sovereign powers of a state are absolute,
especially when the state has treaty agreements with other states. If a
state is signatory to treaty, then it has to surrender some sovereign rights.
a. Comprehensiveness. In means that the supreme legal authority of
the state extends to all the citizens, aliens, associations or
organizations within its boundaries.
The only exemption would be the rules of international relations. Under
the principle of mutual respect or international courtesy, diplomatic
immunity is extended to foreign ambassadors and ministers together
with their respective families during the period of their assignment in
the host nation-state.
Under the Principle of Exterritoriality, diplomatic immunity means that
diplomatic representatives and their families are exempted from the
local jurisdiction of the state.

b. Permanent. It means that sovereignty is perpetual in the sense

that as long as the state exists, sovereignty also exists. This is so
because sovereignty is an inherent attribute of the state. Rules may
be ousted through elections or they may be overthrown from power
through revolutions. Governments may be changed from one form
to another. But as long as the state exists, sovereignty is always
present.

c. Indivisible. It means that indivisibility of sovereignty is that much

supreme authority or supreme will is the monopoly of the state. The
exercise of authority may be delegated to the various organs of
government, or even to subdivisions of the state for certain
purposes.

Types of Sovereignty
a. Legal Sovereignty. It is defined as the supreme authority of the
state expressed by the law and the Constitution. Whichever
authority has the power to make the law or amend constitution
exercise legal sovereignty.

b. Political Sovereignty. It is the supreme authority of the state

which resides in the people. It means the people are the ultimate
sources of power and so they possess coercive power to control
government through which they allow themselves to be governed.
It is embodied in Locke’s theory of popular sovereignty in which the

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 citizens have the vested right power to choose their representatives
in the parliament. Rousseau points to the “general will” of the whole
political community acting as the seat of supreme sovereignty.

c. De facto Sovereignty. It is vested on a person or group of

persons who have succeeded in displacing the legitimate sovereign.
The authority coercive power of this person or group of persons
existed in fact and is sanctioned by the people within the territory.

d. De Jure Sovereignty. The theory of de jure sovereignty is that the

supreme legal authority of the state is based on the supremacy of
law.

“The manifestation of the state’s sovereignty is in the fundamental law

promulgated by the sovereignty people. This means that sovereignty is
formally expressed by the Constitution and by the laws.”

QUIZ 1.1
INSTRUCTION
A. Answer what is being asked.

1. What are the benefits of a country with a governement? List down atleast 5
answers. (2 points each)

a.
______________________________________________________________
__________________________________________________________
____________________________________________________________
b.
______________________________________________________________
______________________________________________________________
________________________________________________________

c.
______________________________________________________________
______________________________________________________________
________________________________________________________

d.
______________________________________________________________
______________________________________________________________
________________________________________________________

e.
______________________________________________________________

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 ______________________________________________________________
________________________________________________________

B. Answer the following questions using the concepts of Social

Contract. (3 points each question)

1. In the Philippines, what are examples of people giving their concent to be

governed?
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________

2. How do you want to be treated by the government?

______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________

3. Whose Social Contract theory do you agree with the most?

______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________

QUIZ 1.2
INSTRUCTIONS: With your answer in question number 3 of QUIZ 1
letter B, compare and contrast the idea of your chosen Social Contract theorist with
the form of the Philippine Government. What are the similarities and differences of
the idea of ​ ​ social contract theorists you chose with the way of ​ ​ government
management in the Philippines? Use the Venn Diagram below. (15 points)

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References:

Constitution of the Republic of the Philippines, 2 February 1987,

Available at: https://www.refworld.org/docid/3ae6b5470.html
[Accessed 30 August 2021]

Samonte, L. (2017) Phil Constitution Course Manual.

Bandiwan, J. (2020) Phil Constitution Module.

*****************************************************
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CHAPTER II – INTRODUCTION TO THE 1987

PHILIPPINE CONSTITUTION
Quick Check!!
Share and speak-out what you know…

Good day! I’m Tim. Your learning assistant. Before proceeding to your new
lesson, I have few tasks and question for you to ponder upon.
1. How many constitutions have effectively governed the
Philippines?
2. Why is it important to know the Philippine
Constitution?

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I. THE 1987 PHILIPPINE CONTITUTION

CONSTITUTION. It is the study of rules and maximum in accordance

with which the powers of sovereignty are habitually exercised (Cooley).

It is also the written instrument enacted by direct action of the people by

which the fundament powers of the government are established, limited
and defined, and by which those powers are distribute among the several
departments for their safe and useful exercise for the benefits of the body
politic. (Malcolm).

PURPOSE. To prescribe the permanent framework of a system of

government, to assign the several departments their respective powers
and duties, and to establish certain first principles on which the
government is founded.

II. STUDYNG POLITICAL LAW

WHAT IS POLITICAL LAW?

Branch of public that deals with the organization and operations of

the governmental organs of the State and defines the relations of the
State with the inhabitants of its territory.

What are the scopes of Political Law?

1. Constitutional Law—the study of the maintenance of the proper

balance between authority as represented by the three inherent
powers of the state and liberty as guaranteed by the Bill of Rights.
2. Administrative Law - That branch of public law which fixes the
organization, determines the competence of administrative
authorities who executes the law, and indicates to the individual
remedies for the violation of his right.

3. Law on Municipal Corporations

4. Law of Public Officers
5. Elections Law

What is the basis of Philippine Political Law?

1. 1987 Constitution
2. 1973 and 1935 Constitutions
3. Organic laws made to apply to the Philippines
4. Philippine Bill of 1902
5. Jones Law of 1916Tydings-McDuffie Law of 1934
6. Statutes, executive orders and decrees, and judicial decisions
7. US Constitution

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PHIILIPPINE CONSTITUTION
Constitution is a document which serves as the fundamental law of
the State; that body of rules and maxims in accordance with which the
power of sovereignty is habitually exercised.
What are the nature and purpose of Constitution?
1. Serves as the supreme or fundamental law

2. Establishes basic framework and underlying principles of

government
What are the requisites of a good written Constitution?

1. Broad - it provides for the organization of the entire

government and covers all persons and things within the
territory of the State and also because it must be comprehensive
enough to provide for every contingency.

2. Brief – it must confine itself to basic principles to be

implemented with legislative details more adjustable to change
and easier to amend.

3. Definite – it must be clear to avoid ambiguity which may result

in confusion and divisiveness among the people except where
the rules are deliberately worded in a vague manner to make
them more malleable to judicial interpretation in the light of new
conditions and circumstances.

What are the three classifications of the Philippine Constitution?

1. Written - one whose precepts are embodied in one document

or set of documents

2. Enacted - formally struck off at a definite time and place

following a conscious or deliberate effort taken by a constituent
body or ruler

3. Rigid - one that can be amended only by a formal and usually

difficult process
What are the essential parts of a good written Constitution?
1. Constitution of Liberty: consists of a series of prescriptions
setting forth the fundamental civil and political rights of the
citizens and imposing limitations on the powers of government
as a means of securing the enjoyment of those rights (i.e. bill
of rights)

2. Constitution of Government: consists of a series of

provisions outlining the organization of the government,
enumerating its powers, laying down certain rules relative to its
administration, and defining the electorate. (i.e. Legislative,

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 Executive and Judicial Departments, Constitutional
Commissions)

3. Constitution of Sovereignty: consists of the provisions

pointing out the mode or procedure in accordance with which
formal changes in the fundamental law may be brought about.
(i.e., Art. XVII-Amendments or Revisions)

III. FUNDAMENTAL POWERS OF THE STATE

The inherent powers of the state:
A. POLICE POWER
B. POWER OF EMINENT DOMAIN
C. POWER OF TAXATION
Similarities:
a. Inherent in the state, exercised without need of express
constitutional grant;
b. Necessary and indispensable; state cannot be effective
without them;
c. Methods by which state interferes with private property;
d. Presuppose equivalent compensation; and
e. Exercised primarily by the Legislature.

Distinctions:
1. AS TO PURPOSE. Police power regulates both liberty and
property; while eminent domain and taxation affect only
property rights.
2. AS TO WHO EXERCISES IT. Police power and taxation are
exercised only by the government; eminent domain may be
exercised by private entities like water districts, banks and
electric cooperatives.
3. AS TO PURPOSE. Property taken in police power is noxious and
is to be destroyed; while in eminent domain and taxation, the
property is wholesome and devoted to public use or purpose.
4. AS TO CONSIDERATION: Compensation in police power is the
intangible altruistic feeling that the individual has contributed to
the public good; in eminent domain, it is the full and fair
equivalent of the property taken; while in taxation, it is the
protection and/or improvements instituted by the government
for the taxes paid.

A. Police Power
1) It is the power to enact laws which are wholesome and reasonable for
the promotion of general welfare. It may also refer to the power of
promoting public welfare restraining g and regulating the use of liberty
and property.

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2) It is a power vested in the legislature by the Constitution to make,
ordain, and establish all manner of wholesome and reasonable laws,
statues, and ordinances.
Characteristics. The most pervasive, the least limitable, and the most
demanding of all powers. The justification is found in the Latin maxim:
salus populi est suprema lex.
a. Police power cannot be bargained away.
b. Taxing power may be used as an implement of police power.
c. Eminent domain may be used as an implementing of police power.
Who may exercise?
Generally, the legislature. Pursuant to validly delegated legislative
authority, however, the a) President, b) administrative, and c) law-making
bodies of local government units, may exercise the same.
B. Power of Eminent Domain.
It is the power to take private property for public use upon payment
of just compensation.
Who may exercise?
Congress and, by delegation, the a) President, b) administrative
bodies, c) local government units, and even d) private entities performing
public services
Requisites for valid exercise:
 There must be necessity.
 The subject must private property.
 All private properties capable of ownership may be
expropriated, except money. Even services may be subject to
eminent domain.
 There must be taking.
 It must be public use.
 Observance of due process law. The defendant must be given
opportunity to be heard.

C. Power of Taxation.
It is the power to impose charge or burden upon persons or
property for the use and support of the government, and enable it to
discharge its appropriate functions.
Who may exercise?
Primarily, the Legislature; also, local legislative bodies; and to a
limited extent, by the President when granted delegated tariff powers.

LIMITATIONS:

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A. Inherent limitations. Those proceed from the very nature of taxing
power itself, such as the following:
1. Public purpose of taxes
2. Non- eligibility of taxing power
3. Territoriality or Situs of taxation
4. Tax-exemption of the government
5. International comity

B. Constitutional limitations. Those expressly provided in the

Constitution, like:
1. Due process clause
2. Equal protection clause
3. Uniformity, equitability and progressivity of taxation
4. Non-imprisonment for non-payment of poll tax
5. Non-impairment of contracts clause
6. Limitations on Congress to delegate to the President authority
to fix tariff rates, import and export quotas, etc.

Basis or Theory of Taxation:

1. Lifeblood/Necessity Theory - existence of a government is a necessity
and cannot continue without any means to pay for expenses.
2. Benefits-Protection Theory - reciprocal duties of protection and support
between state and its inhabitants. Inhabitants pay taxes and in return
receive benefits and protection from the State.

IV. PREAMBLE
1. A preamble serves as an introduction to the Constitution.
2. A preamble is not an integral part of the Constitution. It is not a source
of right. It imposes no duties and creates no office.
3. In the case of the Philippine Constitution, the Preamble serves two
purposes:

a. It tells who the authors of the Constitution and for whom it has
been promulgated.

b. It states the purpose which are intended to be achieved by the

Constitution and the government.

Preamble

WE, THE SOVEREIGN FILIPINO PEOPLE, IMPLORING THE AID OF

ALMIGHTY GOD, IN ORDER TO BUILD A JUST AND HUMANE SOCIETY
AND ESTABLISH A GOVERNMENT THAT SHALL EMBODY OUR IDEALS
AND ASPIRATIONS, PROMOTE THE COMMON GOOD, CONSERVE AND
DEVELOP OUR PATRIMONY, AND SECURE TO OURSELVES AND OUR
POSTERITY THE BLESSINGS OF INDEPENDENCE AND DEMOCRACY
UNDER THE RULE OF LAW AND A REGIME OF TRUTH, JUSTICE,

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 FREEDOM, LOVE, EQUALITY, AND PEACE, DO ORDAIN AND
PROMULGATE THIS CONSTITUTION.

QUIZ 1.2
INSTRUCTIONS: Provide examples and situations on how the
Philippine Government exercise its following powers. You can search
answers from the internet so long as you cite your sources properly.
A.
Police Power Eminent Domian Taxation

1. 1. 1.

2. 2. 2.

3. 3. 3.

4. 4. 4.

5. 5. 5.

B. Give your own definition of the Constitution, its nature and its purpose.
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

References:

Constitution of the Republic of the Philippines, 2 February 1987,

Available at: https://www.refworld.org/docid/3ae6b5470.html
[Accessed 30 August 2021]

Samonte, L. (2017) Phil Constitution Course Manual.

Bandiwan, J. (2020) Phil Constitution Module.

*****************************************************
*****************************************************

Page 18 of 88
 CHAPTER III – ARTICLE I: NATIONAL TERRITORY
Quick Check!!
Share and speak-out what you know…

Good day! I’m Tim. Your learning assistant. Before proceeding to your new
lesson, I have few tasks and question for you to ponder upon.
1. Do you consider the Spratly’s Islands a part of the
Philippine Territory? Why?
2. Why is it important to know the national territory?

What is a Territory?
TERRITORY is the fixed portion of the surface of the Earth
inhabited by the people of the State. As an element of a State, it is an
area over which a state has effective control.

National Territory of the Philippines comprises the following:

a. The Philippines archipelago, with all the islands and waters

embraced therein; and
b. All other territories over which the Philippines has sovereignty of
jurisdiction consisting of terrestrial, fluvial, and aerial domains

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 including the territorial sea, the sea bed, the subsoil, the insular
shelves and other submarine areas.
c. The internal waters.
Components of the national territory are:

a. Terrestrial
b. Fluvial
c. Maritime
d. Aerial

ARCHIPELAGIC DOCTRINE

This means that an archipelago shall be treated as a single unit, so

that the waters around, between and connecting the islands of the
archipelago, irrespective of their breadth and dimensions, form part of the
internal waters of the state, subject to its exclusive sovereignty.

An imaginary single baseline is drawn around the islands by joining

appropriate points of the outer most islands of the archipelago with
straight lines and all waters and islands enclosed within the baseline form
part of the territory of the Archipelagic State.

Archipelago. It is a body of water studded with islands.

Philippine Archipelago had been delineated in Treaty of Paris on Dec. 10,

1998 (Main Treaty), as amended by the Treaty Washington (Nov. 7,
19900) and the Treaty if Great Britain (Jan. 2, 1930).

Maritime jurisdiction. The UN Convention on the law of the sea

describes the kinds of water and the corresponding varieties of jurisdiction
exercised by the coastal state.

These are:

1. Territorial sea. The waters extending 12 nautical miles from

the low-water mark, or from the archipelagic baseline, into the
open seas.

The general rule is that ships of all states enjoy the right of
innocent passage through the territorial sea. It is understood,
however, that such passage must be continuous and
expeditious. Submarines and other under water vehicle are
required to navigate on the surface and to show their flag.

2. Contiguous zone. The waters extending 24 nautical miles

from the baseline from which the territorial sea is measured.

Although not part of the territory, the coastal state may

exercise the control necessary to [a] prevent infringement of its
customs, fiscal, immigration or sanitary regulations; and [b]
punish infringement of the above regulations committed in its
territory or territorial sea.

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 3. Exclusive Economic Zone. The waters extending 200 nautical
miles from the baselines from which the territorial sea is
measured.

This area is under the Philippines jurisdiction for the exclusive

exploitation of all the resources found within the area. The
state may exercise sovereign rights to explore, exploit,
conserve and manage the natural resources.

ASSIGNMENT 1
INSTRUCTIONS:

Watch the documentary “Reporter’s Notebook: Batas ng Karagatan.”

Video file will be uploaded by your course facilitator in your class Facebook group.

Then, write a reaction paper about the documentary video.

 The first part of your essay must contain the brief summary of the
documentary
 The second part is your own reaction/insights about the video;
Discuss the arbitration issue between the two countries.
 Your essay must contain a concluding paragraph.

Other guide questions will be provided by your course facilitator. (35 points)

*****************************************************
*****************************************************

CHAPTER IV – ARTICLE II: DECLARATION OF

STATE PRINCIPLES AND STATE POLICIES

CHAPTER OBJECTIVES:
At the end of this chapter, you should be able to:
a) Identify and understand the basic constitutional principles and the
application thereof; and,
b) Understand the fundamental obligations of the government,
specifically the legislative and the executive departments as its
policy-determining organs.

Quick Check!!

Page 21 of 88
Share and speak-out what you know…

Good day! I’m Tim. Your learning assistant. Before proceeding to your new
lesson, I have few tasks and question for you to ponder upon.
1. What principles and state policies of the
Philippines would you promote?

What are Principles?

PRINCIPLES are binding rules which must be observed in the
conduct of the government.

What are Policies?

POLICIES are guidelines for the orientation of the state.

Why is there a Separation of powers?

It is a fundamental principle in our system of government. Each
department of the government has exclusive cognizance of matters within
its jurisdiction, and is supreme within its own sphere. The legislation
belongs to Congress, execution to the executive, settlement of legal
controversies to the judiciary.

What is the Blending of powers?

When powers are not confined exclusively within one department
but are assigned to or shared by several departments, it is called the
blending of powers.

What are Checks and Balances?

It allows one department to resist encroachments upon its
prerogative or to rectify mistakes or excesses committed by the other
departments.

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What is the delegation of powers?
It 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.

I. STATE PRINCIPLES

Sec 1: The PhiliPPineS iS a democraTic and rePublican STaTe.

rePublican GovernmenT
Is a government of the people, by the people, and for the people, a
representative government wherein the powers and duties of government
are exercised and discharged for the common good and welfare.

What is a State?
State is a community of persons, more or less numerous,
permanently occupying a definite portion of territory, independent of
external control, and possessing a government to which a great body of
inhabitants render habitual obedience.

What are the three elements of a State?

1. People - the inhabitants of the State; the number of which is
capable for self-sufficiency and self-defense; of both sexes for
perpetuity.
2. Territory - a fixed portion of the surface of the earth inhabited by
the people of the State.
3. Government - the agency or instrumentality through which the will
of the State is formulated, expressed and realized.

What is Sovereignty?
The supreme and uncontrollable power inherent in a State by which
that State is governed.

SecTion 2: incorPoraTion clauSe

3 Parts:
1. Renunciation of war
The Philippines renounces an aggressive war because of
its membership in the United Nations whose charter renounces war
as an instrument of national policies of its member States.

2. Adoption of the principles of international law

Principles of international law are made part Doctrine of
Incorporation is the doctrine where the generally accepted of
the law of the land either by express provision of the
Constitution or by means of judicial declaration or fiat.

3. Adherence to a policy of peace, equality, justice, freedom,

cooperation & amity
Guiding principle of Philippine foreign policy is

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 the national interest. However, this is tempered with concern for
“equality, peace, freedom and justice.

SecTion 3: civilian SuPremacy clauSe

The civilian authority is at all times supreme over the military is
implicit in a republican system.

Under Sec. 18, Art. VII— the installation of the President as the
highest civilian authority, as the commander-in-chief of the AFP—external
manifestation that civilian authority is supreme over the military.

The Armed Forces of the Philippines Members of the AFP swear

to uphold and defend the Constitution, which is the fundamental law of
the civil government. Civilian supremacy is not a guaranteed supremacy
of civilian officers who are in power but of supremacy of the sovereign
people. The Armed Forces, in this sense, “is the protector of the people
and the State”.

SecTion 4: defenSe STaTe

Under the Constitution, the prime duty of the government is to
serve and protect the people.

SecTion 5: Peace and order

The State shall pursue the maintenance of peace and order, the
protection of life, liberty and property, and the promotion of general
welfare.
This is not a self-executing provision. It is merely a guideline for
legislation. (Kilosbayan v Morato)
Example: Right to bear arms. The right to bear arms is a statutory, not a
constitutional right. The license to carry a firearm is neither a property nor
a property right. Neither does it create a vested right.

SecTion 6: SeParaTion of church and STaTe

The State should not use its money and coercive power to establish
religion. It should not support a particular religion. The State is prohibited
from interfering with purely ecclesiastical affairs. But it does not mean
that there is total or absolute separation. The better rule is symbiotic
relations between the church and State.

II. STATE POLICIES:

SecTion 7: indePendenT foreiGn Policy

Foreign Policy is the basic direction underlying the conduct by a
State of its affairs uis-a-vis those of other States. It is a set of guidelines
followed by a government of a country in order to promote its national
interest through the conduct of its relations with other countries.
Under our constitutional system. Congress shares with the
President the responsibility of formulating the country's foreign policy alt
hough the conduct lhereofis primarily r eposed in the executive
department. (see Art. Vll, Sec. 22.) The President formulates our foreign
policy principally with the help of the Department of Foreign Affairs.

Page 24 of 88
SecTion 8: Policy of freedom from nuclear-WeaPonS
Clearly, the ban is on nuclear arms—that is, the use and stockpiling
of nuclear weapons, devices, and parts thereof. And this includes not only
possessing, controlling and manufacturing nuclear weapons, but also
nuclear test in our territory, as well as the use of our territory as dumping
ground for radioactive waste.
The provision, however, is not a ban on the peaceful uses of nuclear
energy. Nor is it a ban on all “nuclear-capable vessels.” For a vessel to be
banned, it is not enough that it is capable of carrying nuclear arms; it
must actually carry nuclear arms.

SecTion 9: JuST and dynamic Social order

The State shall promote a just and dynamic social order. This is
accomplished through policies that provide adequate social services (in
the field of health, education, housing, etc.), promote full employment
(see Art. XII, Sec. 1, par. 2; Art. XIII, Sec. 3, pa1· 1.), a rising standard
of living, and an improved quality of life for all.
The State will solve the problem of mass poverty.

SecTion 10: Social JuSTice

This policy mandates the State to 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- the poor, the underprivileged, those who h
ave less in life.

SecTion 11: PerSonal diGniTy and human riGhTS

In a democratic state, the individual enjoys certain right which
cannot be modified or taken away by the lawmaking body. In pursuit of
this constitutional policy, it is the duty of the State to enact measures and
develop programs that will promote human dignity and protect the people
from any threat of violence or use of force or deception for the purpose of
exploitation

SecTion 12: The family aS baSic Social inSTiTuTion

The constitution mandates the State to recognize the sacredness of
family life and to strengthen the family. (see Art. XV.) Under the provision,
the government may not enact any law or initiate measures that would
break up or weaken the family as a social unit, or in the guise of
protecting the family, interfere in purely internal family matters which do
not involve the social order or any public policy.

SecTion 13: viTal role of The youTh in naTion buildinG

The State should promote and protect the well-being the youth to
enable them to develop physically, morally, spiritually, intellectually, and
socially, in a wholesome and normal manner, and thus, transform them
into healthy, upright. intelligent, and useful citizens and potential
community leaders. It shall in calculate the youth, patriotism and
nationalism (Art. XIV, Sec. 3).

Page 25 of 88
SecTion 14: equaliTy of Women and men
The State recognizes the role of women in nation-building, and shall
ensure the fundamental equality before the law of women and men.
Under Section 14, Art. XIII, the State shall protect working women
by providing safe and healthful working conditions, taking into account
their maternal functions, and such facilities and opportunities that will
enhance their welfare and enable them to realize their full potential in the
service of the nation.

SecTion 15: riGhT To healTh

The State has the obligation to promote and protect the right of the
people to health. To better fulfill this duty, it must instill health
consciousness among the people.

SecTion 16: riGhT To a balanced and healThful ecoloGy

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.

SecTion 17: educaTion, Science and TechnoloGy

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: labor

Protection to labor does not indicate promotion of employment
alone. Under the welfare and social justice provisions of the Constitution,
the promotion of full employment, while desirable, cannot take a backseat
to the government’s constitutional duty to provide mechanisms for the
protection of our workforce, local or overseas. (JMM Promotion and
Management v. CA, 260 SCRA 319)

SecTion 19: Self relianT and indePendenT economy

This is a guide for interpreting provisions on national economy and
patrimony. Any doubt must be resolved in favor of self-reliance and
independence and in favor of Filipinos.

SecTion 20: PrivaTe SecTor and PrivaTe enTerPriSeS

This is a guide for interpreting provisions on national economy and
patrimony. Any doubt must be resolved in favor of self-reliance and
independence and in favor of Filipinos.

SecTion 21: comPrehenSive rural develoPmenT

Comprehensive rural development includes not only agrarian reform.
It also encompasses a broad spectrum of social, economic, human,
cultural, political and even industrial development.

SecTion 22: indiGenouS culTural communiTieS

The Constitution directs the State to promote their rights within the
framework of national unity and development. Thus, the State is bound to
consider the customs, traditions, beliefs and interests of indigenous

Page 26 of 88
cultural minorities in the formulation and implementation of state policies
and programs.

SecTion 23: non-GovernmenTal, communiTy-baSed or SecToral

orGanizaTionS
The State is required to encourage these organizations because
recent events have shown that, under responsible leadership, they can be
active contributors to the political, social, and economic growth of the
country.

SecTion 24: communicaTion and informaTion

Communication designed to gather and convey news or information
to the public are called mass media because they reach the mass of the
people. (see - Art. XVI, Sec. · 11[1].) That they play a critical role in
nation-building is very obvious.

SecTion 25: local auTonomy

Local autonomy under the 1987 Constitution simply means
“decentralization” and does not make the local governments sovereign
within the State or an imperium in imperio. (Basco v. PAGCOR)
Even as we recognize that the Constitution guarantees autonomy to
local government units, the exercise of local autonomy remains subject to
the power of control by Congress and the power of general supervision by
the President. (Judge Dadole v. Commission on Audit, 2002)

SecTion 26: equal acceSS To oPPorTuniTieS

The thrust of the provision is to impose on the state the obligation
of guaranteeing equal access to public office.

SecTion 27: Public Service

The State shall maintain honesty and integrity in public service and
take positive and effective measures against graft and corruption.

SecTion 28: full Public diScloSure

It requires the State to make public its transactions without
demand from individual citizens. It stresses the duty of the State to
release the information.

The policy of full dis-closure is in line with the constitutional

mandate of an open, accountable and transparent government.

ASSIGNMENT 2
INSTRUCTIONS:

As a Filipino Citizen, you must be aware of the Philippine State Policies. Choose 1
Philippine State policy that you want to promote. (35 points)

a) Make a POSTER to showcase your support for the certain state policy that

Page 27 of 88
 you have chosen.
 Do this on a short bond paper.
 Be creative and be artistic; color your work
 you can use available applications in creating your poster.

b) Outputs must be posted in your Facebook group.

c) Include a five to 10 sentences essay explanation to describe your work.
 Explain why you have picked to promote the particular state policy that you
have chosen.
 Refer from your course guides for the rubrics.

References:

Constitution of the Republic of the Philippines, 2 February 1987,

Available at: https://www.refworld.org/docid/3ae6b5470.html
[Accessed 30 August 2021]

Samonte, L. (2017) Phil Constitution Course Manual.

Bandiwan, J. (2020) Phil Constitution Module.

*****************************************************

CHAPTER V – ARTICLE III: THE PHILIPPINE BILL

OF RIGHTS
OBJECTIVES:
At the end of this chapter, you should be able to:

a. become familiar with and understand the bill of rights;

b. identify the individual rights of every citizen that are protected by the bill
of rights as well as its limitations; and,
c. understand how to apply these rights to protect yourselves in everyday
life situations.

Quick Check!!
Share and speak-out what you know…

Good day! I’m Tim. Your learning assistant. Before proceeding to your new
lesson, I have few tasks and question for you to ponder upon.
1. Are you familiar with the Philippine Bill of rights?
2. As a Filipino citizen, you must be aware of your rights.
What is the most important right of a person for you?
Why?

Page 28 of 88
What is the BILL OF RIGHTS?
It is the set of prescriptions setting forth the fundamental civil and
political rights of the individual, and imposing limitations on the powers of
government as a means of securing the enjoyment of those rights.

What are the three classes of Rights?

1. Natural Rights - they are those rights possessed by every

citizen without being granted by the State for they are given to
man by God as a human being created to His image so that he
may live a happy life. Examples are the right to life and the right
to love

2. Constitutional Rights - they are those rights which are

conferred and protected by the Constitution. Since they are part
of the fundamental law, they cannot be modified or taken away
by the law-making body.

3. Statutory Rights - they are those rights which are provided by

laws promulgated by the law-making body and. consequently,
may be abolished by the same body. Examples are the right to
receive a minimum wage and the right to adopt a child by an
unrelated person

What are the classification of Constitutional Rights?

1. Political Rights—granted by law to members of a community in

relation to their direct or indirect participation in the establishment
or administration of government.

2. Civil Rights—rights which municipal law will enforce at the

instance of private individuals for the purpose of securing them the
enjoyment of their means of happiness.

3. Social and Economic Rights—these are the rights which generally

require implementing legislation. (Article XIII)

THE PHILIPPINE BILL OF RIGHTS

SecTion 1: due ProceSS and equal ProTecTion clauSe

What is the Due Process?

That which hears before it condemns, which proceeds upon inquiry
and renders judgment only after trial.

What are the scopes/aspects of Due Process?

1. Procedural Due Process

The method or manner by which the law is enforced. It serves as a
restriction

Page 29 of 88
on actions of judicial and quasi-judicial agencies of the government.

What are the three fundamental elements of procedural due

process?
1. Notice
2. Opportunity to be heard
3. Court/tribunal must have jurisdiction
Note:
The essence of due process is to be found in the reasonable
opportunity to be heard and to submit any evidence one may have
in support of one’s defense. “To be heard” does not always mean
verbal arguments in court. One may be heard also through
pleadings. Where opportunity to be heard, either through oral
arguments or pleadings, is accorded, there is no denial of due
process (Zaldivar v. Sandiganbayan, G.R. No. 32215, Oct. 17,
1988).

2. Substantive Due Process

It requires that the law itself, not merely the procedures by which
the law would be enforced, is fair, reasonable and just. This serves
as a restriction on the government’s law and rule-making powers; a
prohibition of arbitrary laws.

What is the Equal Protection Clause?

Equal protection clause requires that all persons or things, similarly
situated should be treated alike, both as to rights conferred and
responsibilities imposed. Similar subjects, in other words, should not be
treated differently, so as to give undue favor to some and unjustly
discriminate against others.

SecTion 2: SearcheS and SeizureS

What is a search warrant?

It is an order in writing, issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer,
commanding him to search for certain personal property and bring it
before the court.

What is the warrant of arrest?

It is an order to arrest a person designated, i.e., to take him into
custody in order that he may be bound to answer for the commission of
an offense.

Scope of Protection:
1. Persons. The protection applies to everybody. Corporations are also
entitled to the protection.
2. Houses. The protection is not limited co dwelling houses but
extends to a garage, warehouse, s hop, store, office, and even a
safety deposit vault. It does not extend, however, to the open
spaces and field belonging to one,

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 3. Papers and effect. They include sealed letters and packages in the
mail which may be opened and examined only in pursuance of a
valid search warrant.

When are search and seizure unreasonable?

 A search and seizure are unreasonable if it is made without a
warrant, or the warrant was invalidly issued.
 In all instances, what constitutes reasonable or unreasonable
search or seizure is a purely judicial question determinable from a
consideration of the attendant circumstance.

When are search may be made without warrant?

1. Visual search is made of moving vehicles at checkpoints
2. Search is an incident to a valid arrest
3. Search of passengers made in airports
4. When things seized are within plain view of a searching party
5. Stop and frisk (precedes an arrest)
6. When there is a valid express waiver made voluntarily and
intelligently

When can arrest may be made without warrant?

1. When a person to be arrested has committed, is actually
committing, or is attempting to commit an offense
2. When an offense has just been committed and he has probable
cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it
3. When the person to be arrested is an escapee or a detention
prisoner.

SecTion 3: Privacy of communicaTion and correSPodence

The “right to privacy” is the right of the person to be free from

undesired publicity or disclosure and to live without unwarranted
interference by the public in private matters.

Limitations on the right

1. Upon lawful order of the court
2. When public safety requires it

Note:
Any evidence obtained in violation of the right against unreasonable
search and seizure and the right to privacy of communication and
correspondence is inadmissible for any purpose in any proceeding,
judicial or administrative.

SecTion 4: freedom of SPeech

The freedom to speak includes the right to be silent. This freedom

includes also includes the right to an audience, in the sense that the State
cannot prohibit the people from hearing what a person has to say,
whatever be the quality of his thoughts. This right, however, is not

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demandable against those unwilling to listen, who may not be herded by
the government into a captive audience.

When is freedom of expression limited?

It should be exercised within the bounds of laws enacted for the
promotion of social interests and the protection of other equally important
individual rights such a law against obscenity, libel and slander (contrary
to public policy) and right to privacy of an individual.

SecTion 5: freedom of reliGion

1. Non-Establishment Clause - The State cannot set up a church,

nor pass laws which aid one religion, aid all religion, or prefer
one religion over another nor force nor influence a person to go
to or remain away from Church against his will or force him to
profess a belief or disbelief in any religion.

2. Freedom of religious belief and right to act according to one’s

beliefs which is subject to state regulation

SecTion 6: liberTy of abode and Travel

The purpose of liberty abode and travel is to further emphasize the

individual’s liberty as safeguarded in general terms by the due process
clause. Liberty under that clause includes the right to choose one’s
residence, to leave it whenever he pleases, and to travel where he wills.

Limitation on the right: upon lawful order of the court and when
public safety and health requires it

SecTion 7: riGhT of informaTion on maTTerS of Public concern

Every citizen has a right to know what is going on in the country

and in his government so he can express his views thereon knowledgeably
and intelligently.

Scope of the right:

1. The right embraces all public records
2. It is limited to citizens only but is without prejudice to the right
of aliens to have access to records of cases where they are
litigant
3. Its exercise is subject to such limitations as may be provided by
law

Limitation on the right: records involving the security of the State or

which are confidential in character.

SecTion 8: riGhT To form aSSociaTionS

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 The right to form an association is the freedom to organize or to be
a member of any group or association, union, or society, and to adopt the
rules which the members judge most appropriate to achieve their purpose.

This right is available also to those in the government sectors, but it

is a settled in jurisprudence that, in general, workers in the public sectors
do not enjoy the right to strike.

Limitation on the right: the right to from an association may be abridged

or interfered with by the State in the exercise of its police power.

SecTion 9: eminenT domain

Inherent powers of Government

1. Eminent Domain - The power of eminent domain is the power of the
State to forcibly take private property for public use upon payment
of just compensation
2. Police Power - It is the power of promoting public welfare by
restraining and regulating the use of liberty and property.
3. Power of Taxation - The power to demand from the members of
society their proportionate share/contribution in the maintenance of
the government.

Requisites of Eminent Domain

1. Existence of public use - Public use may be identified with "public
benefit," "public utility,'' or "public advantage.
2. Payment of just compensation - Under the Local Government Code,
the amount to be paid for the expropriated property shall be
determined by the proper court, based on the fair market value at
the time of the taking of the property.
3. Observance of due process - Procedural due process requires that
the owner shall have due notice and hearing in the expropriation
proceedings.

Note:
"Taking" under the power of eminent domain refers not simply to
actual physical seizure or appropriation of the property but also to
its destruction or impairment, or to limitation of its usual and
necessary employment or use by its owner, not as a consequence
of police power.

SecTion 10: conTracT clauSe

Valid contracts should be respected by the legislature and not

tampered with by subsequent laws that will change the intention of the
parties or modify their rights and obligations. The will of the parties to a
contract must prevail.

Limitation on the right:

By the exercise of the police power of the State in the interest of general
welfare and especially in view of the explicit provisions in the Constitution
with reference to the promotion of social justice.

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SecTion 11: free acceSS To courTS

Free access to the courts and quasi-judicial bodies and adequate

legal assistance shall not be denied to any person by reason of poverty.

SecTion 12: riGhTS of a PerSon under inveSTiGaTion

Custodial Investigation
Any questioning initiated by law enforcement officers after a person
has been taken into custody or otherwise deprived of his freedom of
action in any significant way.
Under this investigation, the purpose of providing is to curb the
police-state practice of extracting a confession that leads appellant to
make self-incriminating statements.

Rights of a person under custodial investigation

1. Right to remain silent

2. Right to competent and independent counsel, preferably of his own
choice
3. Right to be reminded that if he cannot afford the services of counsel,
he would be provided with one
4. Right to be informed of his rights
5. Right against torture, force, violence, threat intimidation or any
other means which vitiate the free will
6. Right against secret detention places, solitary, incommunicado, or
similar forms of detention
7. Right to have confessions or admissions obtained in violation of
these rights considered inadmissible in evidence

Note:

a. Even if the person consents to answer questions without the

assistance of counsel, the moment he asks for a lawyer at
any point in the investigation, the interrogation must cease
until an attorney is present.

b. The right of silence and to counsel cannot be waived except

(1) in writing and (2) in the presence of counsel.

c. There is valid waiver of these rights if (1) made voluntarily,

knowingly and intelligently; (2) waiver should be made in
writing; and (3) made with the presence of counsel.

When is Miranda rights unavailable?

1. During a police line‐up, unless admissions or confessions are being
elicited from the suspect (Gamboa Vs. Cruz,L‐56291, 27 Jun 1988)

2. During administrative investigations (Sebastian, Jr v Garchitorena,

G.R. No. 114028)

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 3. Confessions made by an accused at the time he voluntarily
surrendered to the police or outside the context of a formal
investigation; (People v Baloloy, G.R. No 140740, April 12, 2002)
and;

4. Statements made to a private person (People v Tawat, G.R. No

62871, May 25, 1985)

Exclusionary Rule
Confession or admission obtained in violation of Sections 12 and 17
of Article III shall be inadmissible in evidence.

Fruit of the poisonous tree

Once the primary source is shown to have been lawfully obtained,
any secondary or derivative evidence derived from it is inadmissible.

SecTion 13: riGhT To bail

What is a bail?
The security given for the release of a person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before
any court as may be required

Who are persons not entitled to bail?

1. Persons charged with offenses punishable by reclusion perpetua or
death, when evidence of guilt is strong
2. Persons convicted by the trial court
3. Bail is only discretionary pending appeal

Note:
Bail cannot be invoked where the applicant is not yet in custody of
the law because he went into hiding and is at large, and hence, a
free man even when he has already been criminally charged in
court.

SecTion 14: riGhTS of The accuSed

Rights of the accused:

1. Criminal due process:

a. Opportunity to be heard in court of competent jurisdiction;
b. The accused must proceed against under orderly processes of
law;
c. He must be given notice and opportunity to be heard; and
d. The judgment rendered was within the authority of a
constitutional law.

2. Presumption of innocence. Every circumstance favoring the

innocence of the accused must be taken into account. The proof
against him must not be permitted to sway judgment and the
presumption that official duty was regularly performed cannot, by
itself, prevail over the constitutional presumption of innocence.

Page 35 of 88
 3. Right to be heard by himself and counsel.

4. Right to be informed of the nature and cause of the accusation

against him

5. Right to speedy, impartial and public trial—

Impartial—the judge must not be bias and not motivated by malice
or bad faith

6. Right to meet witness face to face— Witnesses not submitted for

cross-examination are not admissible as evidence. However, right
to cross-examination may be waived.

7. Right to compulsory process to secure attendance of witnesses and

production of evidence.

8. Trial in absentia
 After arraignment
 Due notice
 Absence is unjustified

SecTion 15: WriT of habeaS corPuS

Writ of habeas corpus

A writ issued by the court directed to a person detaining another,
commanding him to produce the body of the prisoner at designated time
and place, with the day and cause of his capture and detention, to do, to
submit to, and to receive whatever court or judge awarding writ shall
consider in his behalf.

Note:
The Writ of Habeas Corpus extends to all cases of illegal
confinement or detention by which any person is deprived of his
liberty, or by which the rightful custody of any person is withheld
from the one entitled thereto.

SecTion 16: riGhT To a SPeedy diSPoSiTion of caSeS

The above provision upholds the time-honored tradition of speedy

justice – “justice delayed is justice denied”

Note:
The right to speedy disposition of cases can be invoked after
the termination of the trial or hearing of a case.

SecTion 17: riGhT aGainST Self-incriminaTion

No person shall be compelled to be a witness against himself. This
is a protection against self-incrimination which may expose a person to
criminal liability.

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 It applies only against testimonial compulsion and production of
documents, papers and chattels in court except when books of account
are to be examined in exercise of power of taxation and police power.

SecTion 18: riGhT aGainST involunTary ServiTude

Involuntary Servitude
It is the condition where one is compelled by force, coercion, or
imprisonment, and against his will, to labor for another, whether he is
paid or not.

General Rule: No involuntary servitude shall exist.

Exceptions:
1. As punishment for a crime whereof one has been duly convicted;
2. Service in defense of the State;
3. Naval enlistment;
4. Posse commitatus;
5. Return to work order in industries affected with public interest;
and
6. Patria potestas.

SecTion 19: ProhibiTed PuniShmenT and PoliTical PriSonerS

 Punishments covered cruel, degrading, and inhuman form, extent,

and duration punishments.
 A penalty is cruel and inhuman if it involves torture or lingering
suffering.
 A penalty is degrading if it exposes a person to public humiliation.

SecTion 20: non-imPriSonmenT of debT and Poll TaX

a. Debt—any civil obligation arising from contract
b. Poll tax—a specific sum levied upon any person belonging to a
certain class without regard to property or occupation. (eg.
community tax)

Note:
A tax is not a debt since it is an obligation arising from law. Hence, its
non‐payment maybe validly punished with imprisonment. Only poll tax is
covered by the constitutional provision.

SecTion 21: riGhT aGainST double JeoPardy

Double Jeopardy
It means that when a person is charged with an offense and the
case is terminated either by acquittal or conviction or in any other manner
without the express consent of the accused, the latter cannot again be
charged with the same or identical offense.

Requisites:

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 1. A valid complaint or information;
2. Filed before competent court;
3. To which defendant has pleaded; and
4. Defendant was previously acquitted or convicted or the case
dismissed or otherwise terminated without his express consent.

SecTion 22: riGhT aGainST eX-PoST facTo laW and bill of

aTTainder

An ex post facto law is one that would make a previous act criminal
although it was not so at the time it was committed.

A bill of attainder is a legislative act that inflicts punishment without

trial, its essence being the substitution of legislative fiat for a judicial
determination of guilt.

************************************************

QUIZ 3
INSTRUCTIONS: Read and analyze the following situations and
answer what is being asked. You can use separate sheet of paper for this activity. (5
points each question)
1. The police had suspicions that Black Angel, member of the subversive New
Proletarian Army, was using the mail for propaganda purposes in gaining new
adherents to its cause. The Chief of Police of La Trinidad, ordered the
Postmaster of the town to intercept and open all mail addressed to and
coming from Black Angel in the interest of the national security. Was there a
violation of their (Black Angel) rights to privacy?
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________

2. Children who are members of a religious sect Jehovah’s witnesses have been
expelled from their respective public schools for refusing, on account of their
religious beliefs, to take part in the flag ceremony which includes singing the
national anthem, saluting the Philippine flag and reciting the patriotic pledge.
The students and their parents assail the expulsion on the ground that the
school authorities have acted in violation of their right to free public education,
freedom of speech, and religious freedom and worship. Was there a violation
of their religious freedom? Explain.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________

Page 38 of 88
 ______________________________________________________________
______________________________________________________________

3. Kris Juan contracted Hansen’s disease (leprosy) with open lesions. A law
requires that lepers be isolated upon petition of the City Health Officer. The
City Health Office suggested the Mr. Juan be confined in some isolated
leprosarium. Kris Juan challenged the constitutionality of the law as violating
his liberty of abode. Was there a violation of his liberty of abode? Explain.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________

4. Ten public school teachers of La Trinidad left their classrooms to join a strike,
which lasted for one month, to ask for teachers' benefits. DepEd charged
them administratively. The teachers contented that their strike was an
exercise of their constitutional right to peaceful assembly and to petition the
government for redress of grievances. Are the teachers correct? Why?
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________

5. A driver was caught violating traffic regulations and appears to be drunk. Can
he be compelled by the police to take a breathalyzer test as it violates his
right against self-incrimination? Why/Why not?
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________

6. Miss Ambisyosa contracted a Php150,00.00 loan from her friend for her
wedding day. She failed to pay her debt on the scheduled date of settlement.
Can she be imprisoned for her non-payment of her debt? Explain
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________

Page 39 of 88
*****************************************************

ASSIGNMENT 3
INSTRUCTIONS: Using the table below, choose 10 rights from the Philippine bill of
rights that for you are the rights which are most violated in the Philippines. Rank
them from 1-10. Site some examples/situations that you have witnessed, watch on
television/social media and read from newspapers etc. to support your work. Write a
short conclusion to summarize your tabulation. You can use separate sheets of
paper for this activity.

Most Violated Rights in

the Philippines Explanation and supporting details

1.

2.

3.

4.

5.

6.

7.

8.

9.

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10.

Conclusion:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

References:

Constitution of the Republic of the Philippines, 2 February 1987,

Available at: https://www.refworld.org/docid/3ae6b5470.html
[Accessed 30 August 2021]

Samonte, L. (2017) Phil Constitution Course Manual.

Bandiwan, J. (2020) Phil Constitution Module.

*****************************************************
*****************************************************

CHAPTER VI – ARTICLE IV: CITIZENSHIP, ARTICLE

V: RIGHTS TO SUFFRAGE
CHAPTER OBJECTIVES:

At the end of This Chapter, you should be able to:

a) analyze the concept of rights to suffrage as a constitutional right;

b) appreciate the relevance of right of suffrage; and
c) determine ways on how to become a responsible citizen of the
Philippines.

Quick Check!!
Share and speak-out what you know…

Good day! I’m Tim. Your learning assistant. Before proceeding to your new
lesson, I have few tasks and question for you to ponder upon.
a) Are you proud that you are a Filipino
Citizen?
b) If you will change your nationality?
What would it be and why?
c) Would you exercise your right to vote?

Page 41 of 88
I: FILIPINO CITIZENS – ARTICLE IV
What is Citizenship?
Citizenship is personal and more or less permanent membership in
a political community. It denotes possession within that particular
political community of full civil and political rights subject to special
disqualifications such as minority.

What is Nationality?
Nationality is the membership in any class or form of political
community. Nationality does not necessarily include the right or
privilege of exercising civil or political rights.

WHO ARE CITIZENS OF THE PHILIPPINES?

1) Those who are citizens of the Philippines at the time of the adoption

2) Those whose fathers or mothers are citizens of the Philippines.

a. The 1935 Constitution adopted the principle of JUS SAGUINIS

as an absolute rule. The child of a Filipino father whether born
in the Philippines or abroad was a Filipino citizen from the
moment of birth

b. The 1973 Constitution preserved the principle of jus sanguinis

and expanded its application by placing the Filipino woman on
the same level as the male in matters of citizenship. Those
whose mothers are citizens of the Philippines, even if the father
is an alien, are Filipino citizens. To come under this expanded
rule, it is essential that the mother MUST be a FILIPINA at the
time of the BIRTH of the child. Moreover, it applies only to
those born of a Filipina mother ON or AFTER the effectivity of
the 1973 Constitution. Hence, it is important to remember that
the 1973 Constitution took effect on January 17, 1973

3) Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority.

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 a. Procedure for election - Election is expressed in a statement to
be signed and sworn to by the party concerned before any
official authorized to administer oaths. Statement to be filed
with the nearest Civil Registry. The statement to be
accompanied with the Oath of Allegiance to the constitution
and the government of the Philippines

b. When to elect - within 3 years from reaching the age of

majority except when there is a justifiable reason for the delay.

4) Those who are naturalized in accordance with law.

I. MODES OF ACQUIRING CITIZENSHIP

1) By birth

a. JUS SANGUINIS – acquisition on the basis of blood relationship

b. JUS SOLI – acquisition on the basis of place of birth

2) By Naturalization
The legal act of adopting an alien and clothing him with the
privilege of a native-born citizen

3) By marriage

Modes Applied in the Philippines

1) Before the adoption of the 1935 constitution

a. jus sanguinis
b. jus soli

2) After the adoption of the 1935 constitution

a. only the jus sanguinis doctrine is now applied

II. NATURALIZATION AND DENATURALIZATION

A. What is naturalization? Naturalization is the legal act or process

by which a non-citizen of a country may acquire citizenship or
nationality of that country.

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 Andray Blatche (left) and Marcus Douthit (right) are both naturalized Filipinos
playing for the Philippine National Basketball team.

What are the modes of naturalization?

1) Direct
a. Individual through judicial proceeding - following the process
required in the existing Revised naturalization law. CA 473
b. Special Act of Legislature or by the President in the exercise
of special legislative power if granted by the Constitution -
discretionary on the legislature, often in favor of
distinguished foreigners who have rendered some notable
service to the local state

NOTE: Naturalization under Letter of Instruction No. 270: A

special committee on Naturalization was created by Pres.
Marcos to undertake administrative investigation of those
who wished to become Filipino citizens by Presidential decree

c. collective change of nationality, as a result of cession or

subjugation (naturalization en masse)
d. Adoption of orphan minors as nationals of the state where
they are born

2) Derivative
a. Wife of naturalized husband
b. Minor children of naturalized person
c. Alien woman upon marriage to a national

NOTE:
Doctrine of Indelible Allegiance – an individual maybe
compelled to retain his original nationality even if he has
already renounced or forfeited it under the laws of the second
state whose nationality he has acquired.

What are the Qualifications for Naturalization?

1) Not less than 21 years of age on the date of the hearing of the
petition

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2) Resided in the Philippines for a continuous period of not less
than 10 years, may be reduced to 5 years if:

a. Honorably held office in government

b. established a new industry or introduced a useful invention in
the Philippines
c. Married to a Filipino woman
d. Engaged as a teacher in the Philippines or in any of the
branches of education or industry for a period of not less
than 2 years

3) Good moral character, believes in the principles underlying the

Philippine constitution, must have conducted himself in a proper
and irreproachable manner during the entire period of his
residence in the Philippines in his relations with the constituted
government as well as the community in which he is living.

4) Own real estate in the Philippines worth not less than P5,000.00
or must have some known lucrative trade, profession or lawful
occupation.

5) Speak and write English or Spanish and any of the principal

Philippine languages.

6) Enrolled his minor children of school age in any of the public or

private schools recognized by the government where Philippine
history and civics are taught as a part of the school curriculum,
during the entire period of his residence in the Philippines
required of him prior to the hearing of his petition for
naturalization.

Disqualifications:

1. Opposed to organized government or affiliated with any

association or group of persons who uphold and teach doctrines
opposing all organized government.

2. Defending or teaching the necessity or propriety of violence,

personal assault or association for the success or predominance
of their ideas.

3. Polygamists or believers of polygamy.

4. Convicted of a crime involving moral turpitude.

5. Suffering from mental alienation or incurable contagious disease.

6. Who, during the period of their residence in the Philippines, have

not mingled socially with the Filipinos or who have not evinced a
sincere desire to learn and embrace the customs, traditions and
ideals of the Filipinos.

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7. Citizens or subjects of nations with whom the Philippines is at
war, during the period of such war.

8. Citizens or subjects of a foreign country whose laws do not grant

Filipinos the right to become naturalized citizens or subjects
thereof.

Procedure for Naturalization

1) Filing of declaration of intention one year to the filing of the

petition with the Office of the Solicitor General

The following are exempt from the filing of declaration of

intention:
a. Born in the Philippines and have received their primary
and secondary education in public or private schools
recognized by the Government and not limited to any race
or nationality

b. Resided in the Philippines for 30 years or more before

filing of the petition and enrolled his children in
elementary and high schools recognized by the
Government and not limited to any race or nationality
c. Widow and minor children of an alien who has declared
his intention to become a citizen of the Philippines and
dies before he is actually naturalized.

2) Filing of the petition, accompanied by the affidavit of two

credible persons, citizens of the Philippines, who personally
know the petitioner as character witness, with the Regional Trial
Court of the province or city where petitioner has resided for at
least one year.

3) Publication of the Petition in the Official Gazette of Newspaper

of General Circulation once a week for 3 consecutive weeks by
the clerk of court.

NOTE: Publication is a jurisdictional requirement under

Sec 9, Revised Naturalization Law. Failure to comply is fatal

4) Actual residence in the Philippines during the entire proceedings.

5) Hearing of the petition at least 6 months after the last

publication but in no case within 30 days before any election.

6) Promulgation of the decision.

7) Hearing after 2 years-probation period

During the Probation period the applicant has:
a. not left the Philippines

Page 46 of 88
 b. dedicated himself continuously to a lawful calling or
profession
c. not been convicted of any offense or violation of rules
d. not committed an act prejudicial to the interest of the nation
or contrary to any government announced policies
e. Oath taking and issuance of the Certificate of Naturalization

What are the effects of Naturalization?

1) Vests citizenship on wife if she herself may be lawfully
naturalized
2) Minor children born in the Philippines before the naturalization
shall be considered citizens of the Philippines
3) Minor child born outside the Philippines who was residing in the
Philippines at the time of naturalization shall be considered a
Filipino citizen
4) Minor child born outside the Philippines before parent’s
naturalization shall be considered Filipino citizens only during
minority unless he begins to reside permanently in the
Philippines

B. What is denaturalization?
Denaturalization is the revocation of Philippine citizenship of a
naturalized citizen on the grounds provided for by law.

Grounds:
1) Naturalization certificate is obtained fraudulently or illegally.
2) If within 5 years, he returns to his native country or to some
foreign country and establishes residence there (Provided, that
1- year stay in native country or 2-year stay in a foreign
country shall be prima facie evidence of intent to take up
residence in the same).

3) Petition was made on an invalid declaration of intention.

4) Minor children failed to graduate through the fault of the
parents either by neglecting to support them or by transferring
them to another school.

5) Allowed himself to be used as a dummy.

What are the effects of denaturalization?

Revocation on grounds affecting the intrinsic validity of the
proceedings shall divest the wife and children of their derivative
naturalization. But if the ground was personal to the denaturalized
Filipino, as where he permanently resided in a foreign country after
his naturalization, his wife and children shall retain their Philippine
citizenship

III. DUAL CITIZENSHIP AND DUAL ALLEGIANCE

Sec. 5, Art. IV: Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law.

Page 47 of 88
 What is dual Citizenship?

A condition which arises from the fact that Philippine law cannot
control international law and the laws of other countries on citizenship

Constitution allows the possibility of dual citizenship ( Sec.1(2)

Art IV)

Note: In Sec 40 RA 7160 (Local Government Code), dual citizenship is

one of the disqualifications for running for local elective office

What is dual Allegiance?

“Referred to that unsettled kind of allegiance of persons who

are already Filipinos but who by their acts maybe said to be bound by
a second allegiance either to Peking or Taiwan” ( Bernas pg. 276)

Note:

Attack on one’s citizenship maybe made only through a direct, not a

collateral proceeding 6921. (Co VS HRET 199 SCRA 692)

RES JUDICATA does not ordinarily apply to questions of citizenship. It

does so only when:

1) a person’s citizenship is resolved by a court or an administrative

body as a material issue in the controversy, after a full-blown
hearing.

2) with the active participation of the Solicitor General or his

representative.

3) the finding of his citizenship is affirmed by the Supreme Court, then

the decision on the matter shall constitute conclusive proof of such
party’s citizenship in any other case or proceeding (Board of
Commissioners, CID vs, dela Rosa, 197 S 853)

IV. LOSS AND RE-ACQUISITION OF PHILIPPINE CITIZENSHIP.

Two Laws on loss of citizenship

1) Commonwealth Act 473

Applies to naturalized citizenship, Sec 18 of CA 473 provides that
certificate of naturalization maybe revoked under the grounds
provided for by law (see grounds under denaturalization)

2) Commonwealth Act No. 63

Applies to both natural-born and naturalized citizenship.

Citizenship is lost by:

Page 48 of 88
 1) Naturalization in a foreign country.
2) By express renunciation of citizenship.
3) By subscribing to an oath of allegiance to support the Constitution
or laws of a foreign country upon attaining 21 years of age.

4) By rendering service to or accepting Commission in the Armed

Forces of a foreign country EXCEPT if the following circumstances
are present:

a. the Republic of the Philippines has a defensive and/or offensive

pact of alliance with the said foreign country
b. he said foreign country maintains armed forces in the Phil.
Territory with the consent of the Rep. of the Philippines

5) By cancellation of the certificate of naturalization.

6) By having been declared by competent authority a deserter of the

Phil armed forces in time of war, unless subsequently, a plenary
pardon or amnesty has been granted.

How can one reacquire his/her Citizenship?

1) By naturalization provided that he/she applicant possesses none of
the disqualifications prescribed for naturalization
2) By repatriation of deserters of the Army, Navy or Air Corps
3) By Direct Act of Congress

Sec. 4, Art. IV: Citizens of the Philippines who marry aliens shall retain
their citizenship, unless by their Act or omission they are deemed,
under the law, to have renounced it.

Marriage to an Alien Spouse

1) Old Rule: a Filipino woman who married an alien forfeited her

Philippine citizenship if under the laws of her husband’s state she
was required to follow his citizenship, therefore if a Filipino woman
married a Chinese, she automatically became a Chinese herself,
following her husband’s citizenship.

2) New Rule: The old rule has been reversed by Art IV Sec 4, the
above provision was probably inspired by a desire to equalize the
situation of the Filipino female with that of the male citizen, who
even under the old rule did not forfeit his Philippine citizenship if he
married a foreigner. Now both male and female citizens shall
remain Filipinos despite their alien spouses except only when they
may be deemed by their act or omission to have renounced their
Philippine citizenship.

V. NATURAL- BORN CITIZENS AND PUBLIC OFFICE

Sec. 2, Art. IV: Natural born citizens are those who are citizens of
the Philippines from birth without having to perform any act to acquire

Page 49 of 88
 or perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph 3, Sec 1 hereof shall be
deemed natural born-citizen.

*****************************************************

II. SUFFRAGE – ARTICLE V.

What is Suffrage?
SUFFRAGE is the right and obligation to vote in the election of all
officers chosen by the people and in the decision of public questions
submitted to the people.
Note:
Suffrage is not a natural right but merely a privilege subject to
constitutional limitations.
System of Suffrage in the Philippines: strict secrecy ballot (Australian
ballot system)

Nature of Suffrage

1. Not a natural right of the citizen but a mere privilege to be given or

withheld by the law-making power subject to constitutional
limitations.

2. A political right and an obligation of every citizen to participate in

the process of government.

Kinds:

1. Regular Election - regular election is one participated in by

those who possess the right of suffrage and not otherwise
disqualified by law and who are registered voters.

2. Special Election – in the Philippines holds two types of special

elections: those that were supposed to be held on election day but
were delayed, and those held after an office has become vacant

Suffrage includes the following:

a. Election is means by which the people choose their officials for
definite and fixed

periods and to whom they entrust the exercise of powers of

government.
b. Plebiscite applies to an election in which any proposed
amendment to, or revision

of, the Constitution is submitted to the people for their ratification.

Page 50 of 88
 c. Initiative is the process whereby the people directly propose
and enact laws or propose amendments to the Constitution.
d. Recall is method by which an elected local official may be
removed from office during or before the expiration of this term
by a vote of the people after registration of petition signed by a
required percentage of the qualified voters.

e. Referendum is a democratic process intended as a means of

determining the popular consensus of the people on certain
political issues.

Power of Congress to regulate suffrage

The Congress is constitutionally mandated to:

1. Provide a system for securing the secrecy and sanctity of the ballot
and for absentee voting.

2. Design a procedure for the disabled and the illiterate to vote

without the assistance of other persons

QUALIFICATION AND DISQUALIFICATION OF VOTERS

Qualifications Disqualifications
1. Filipino citizenship by 1. Sentenced by final judgment to suffer
birth or naturalization imprisonment for not less than 1 year
2. Age (at least 18 years of 2. Conviction by final judgment for –
age on the day of the a. Any crime involving disloyalty to
election) the government
3. Residence (at least 1 b. Any crime against national security
year in the Philippines, c. Any violation of the Firearms law
and at least 6 months [Note: Such disqualification may be
where he proposes to removed by the grant of plenary
vote, immediately pardon or amnesty, or the lapse of 5
preceding the election) years after the service of sentence]
 Must at least possess 3. Under the Citizenship Retention and
such qualification on the Re-Acquisition Act of 2003 (RA 9225)
day of the election –
a. Candidates for or occupying any
[Note: No literacy, property public office in the country of which
or other substantive they are naturalized citizens;
requirement shall be and/or
imposed on the exercise of b. In active service as commissioned
suffrage] or non-commissioned officers in the
armed forces of the country in
which they are naturalized citizens

The Overseas Absentee Voting Act of 2003 (RA 9189): System of

absentee voting for qualified citizens of the Philippines abroad

Page 51 of 88
 Qualifications Disqualifications
1. Filipino citizenship 1. Loss of Philippine citizenship by
2. Age: at least 18 years of naturalization in another country
age on the day of the 2. Renunciation of Philippine
election citizenship
3. Registered as an 3. Conviction of offenses punishable
absentee voter or by not less than 1 year from
certified as a registered imprisonment
voter under the 4. Found guilty of disloyalty under
provision of the Voter’s the RPC
Registration Act of 1996 5. Declared insane or incompetent
by competent authority
6. Immigrants or permanent
residents
Exception: unless they execute
upon registration an affidavit
prepared by the COMELEC
declaring that they shall resume
actual physical residence in the
Philippines not later than 3 years
from the approval of their
registration as absentee voters

I. REGISTRATION OF VOTERS

REGISTRATION: a method of proof, prescribed for ascertaining the

electors who are qualified to cast votes; a means by which the
government is enabled to supervise and regulate the activities of
various elements participating in the election

SYSTEM OF CONTINUING REGISTRATION

 Right to vote is conditioned upon certain procedural requirements
he must undergo.
 To be qualified in addition to the minimum requirements set by the
Constitution, a citizen must be registered, at present under the
provisions of the Voter’s Registration Act of 1996 (RA 8189).

 Sec. 8 of RA 8189: the personal filing of application of registration

of voters is to be conducted daily in the office of the Election Officer
during regular office hours.
 Registration during the period starting 120 days before a regular
election and 90 days before a special election is prohibited.

 Registration more than once is prohibited.

 If registrant has transferred residence, only an application for
transfer of registration is needed.

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  The determination of WON the conduct of special registration of
voter is feasible, possible or practical within the remaining period
before the actual date of election, involves the exercise of discretion
and thus, cannot be controlled by mandamus

Rule on ILLITERATE OR DISABLED APPLICANTS

- The voter’s affidavit may be prepared by any relative within the 4th
civil degree of consanguinity or affinity or by any member of the
BEI who shall prepare the affidavit in accordance with the data
supplied by the applicant

II. EFFECT OF REGISTRATION ON THE RIGHT TO VOTE

- Mere registration of a voter does not confer upon him the right to
vote.

- It is a precedent to the exercise of the right to vote.

- It is a form of regulation, not a qualification.

Rule on DOUBLE REGISTRANTS

- Still qualified to vote, provided that the COMELEC has to make a

determination on which registration is valid and which is void.

- While the first registration of any voter subsists, any subsequent

registration is void ab initio.

QUIZ 4
INSTRUCTIONS: Read and analyze the following situations and
answer what is being asked. You can use separate sheet of paper for
this activity.
1. Cruz, a Filipino by birth, became an American citizen. In his old age he has
returned to the country and wants to become a Filipino again. Enumerate the
ways by which citizenship may be reacquired. Explain briefly.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
2. As a Filipino citizen, give examples of how you can be a responsible citizen of
the country. How can you show your concerns to your nation? What fate of
the country are you longing for? And as the ambassador of the Philippine
youth, how can you serve your country?
______________________________________________________________
______________________________________________________________
______________________________________________________________

Page 53 of 88
 ______________________________________________________________
______________________________________________________________

1) Write three importance of practicing your rights to suffrage and explain.

a.
______________________________________________________________
______________________________________________________________

b.
______________________________________________________________
______________________________________________________________

c.
______________________________________________________________
______________________________________________________________

2. Under article V of the Philippine Constitution, it is stated that the rights to

suffrage is not a natural right but a mere privilege to be given or withheld by the
law-making power subject to constitutional rights. In your own words, explain this
concept by providing the provisions of the rights to suffrage and by giving
examples on how the rights to suffrage can be withheld.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

ASSIGNMENT 4
Watch the documentary “Bala at Balota”.
Video file will be uploaded by your course facilitator in your class
Facebook group.

Then, write a reaction paper about the documentary video.

 The first part of your essay must contain the brief summary of the
documentary. Describe what are presented on the topic discussed.
 The second part is your own reaction/insights about the video;
Discuss how elections are associated with violence and fraud especially
here in the Philippines.

 Your essay must contain a concluding paragraph.

Other guide questions will be provided by your course facilitator. (35 points)

Page 54 of 88
References:

Constitution of the Republic of the Philippines, 2 February 1987,

Available at: https://www.refworld.org/docid/3ae6b5470.html
[Accessed 30 August 2021]

Samonte, L. (2017) Phil Constitution Course Manual.

Bandiwan, J. (2020) Phil Constitution Module.

*****************************************************

CHAPTER VII – THE THREE BRANCHES OF

GOVERNMENT IN THE PHILIPPINES; ARTICLE VI,
ARTICLE VII, ARTICLE VIII.
CHAPTER OBJECTIVES:
At the end of this chapter, you should be able to:

a) identify the three branches of government and the constitutional

commissions;
b) understand how the Constitution defines the powers and
responsibilities of the three branches of government and the
constitutional commissions;
c) appreciate the importance of the different branches of the government
and the impact to the people and the state itself; and,
d) exemplify and justify their involvement in communal and political life.

Quick Check!!
Share and speak-out what you know…

Good day! I’m Tim. Your learning assistant. Before proceeding to your new
lesson, I have few tasks and question for you to ponder upon.
a) Do you know what branch of the government makes laws
for the county?
b) If you become a law maker what laws will you make?
c) If you became the president of the Philippines, how will you
use your power for the improvement and development of
the country?

ARTICLE VI – THE LEGISLATIVE DEPARTMENT

A. The legislative power is the power to propose, enact, amend and
repeal laws.
B. House of congress.

THE HOUSE OF SENATE

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 1. Composition: Twenty-four Senators elected at large by the
qualified voters of the
Philippines, as may be provided by law.

2. Qualifications of a senator: No person shall be elected as

Senator, unless he is:
a. a natural born citizen of the Philippines;
b. on the day of the election, at least 35 years of age;
c. able to read andwrite;
d. a registered voter; and
e. a resident of the Philippines for not less than two years
immediately
preceding the day of the election.

3. Term of office. Six years, commencing at noon on the 30th day of

June
following their election.

Limitation: No senator shall serve for more than two consecutive

terms. [Voluntary renunciation of office for any length of time shall
not be considered an interruption in the continuity of his service for
the full term for which he is elected.].

HOUSE OF REPRESENTATIVES
Composition: Not more than 250 members, unless otherwise provided by
law, consisting of
the following:

a. District representatives, elected from legislative districts

apportioned among the
provinces, cities and the Metropolitan Manila area;

b. Party-list representatives, which shall constitute twenty

percentum (20%) of the
total number of representatives, elected through a party-list system of
registered national,
regional, and sectoral parties or organizations.

Apportionment of legislative districts

Apportionment made in accordance with the number of
respective inhabitants among
provinces, cities and Metro Manila area, on the basic of a uniform and
progressive ratio.

a. Each day with not less than 250,000 inhabitants, entitled to at least
one representative.

b. Each province, irrespective of number of inhabitants, entitled to at least

one representative.

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c. Each legislative district shall comprise, as far as practicable, contiguous,
compact and adjacent territory, to prevent gerrymandering.

d. Congress to make reappointment of legislative districts within three

years following the
return of every census.

Qualifications of a Representative. No person shall be elected as

representative, unless he is:

a. a natural-born citizen;
b. on the day the election, at least 25 years of age;
c. able to read and write;
d. a registered voter in the district in which he shall be elected,
except the party-list
representatives; and
e. a resident thereof for not less than one year immediately
preceding the day of the election.

Term of office: Three years, commencing at noon on the 30th day

of June next following their election.

Limitation: A representative shall not serve for more than three

consecutive terms.

Privileges: (Sec. 11)

a. Freedom from arrest. While Congress is in session, for offenses

punishable by not
more than six years.
b. Privilege from arrest. A member of congress shall not be
questioned nor held liable in any other place for any speech or
debate in congress or in any committee thereof.

Disqualification (Sec. 13).

a. Incompatible offices. A member of congress may not hold any

other office or employment
in government during his term without forfeiting his seat.

b. Forbidden office. A member of congress shall not be appointed

to any office which may
have been created or the emoluments thereof increased during the
term for which he was elected.

Other inhibitions (Sec. 14). Any member of congress:

a. shall not appear personally as counsel before any court of justice

or before the Electoral
Tribunals, or judicial or other administrative bodies;

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 b. shall not directly or indirectly, be financially interested in any
contract with, franchise or special privilege granted by the
government; or

c. shall not intervene in any matter before any office in government

for his pecuniary benefit
or where he may be called upon to act on account of his office.

d. Upon assumption of office, a member of congress must make a

full disclosure of financial
and business interests; he shall notify the House concerned of
potential conflicts of interest that may arise from the filling of a
proposed legislation of which he is the author (Sec. 12).

Sessions (Sec. 15). The sessions of Congress may either be:

a. Regular; or
The Congress shall convene once every year on the
fourth Monday of July, unless
a different date is fixed by law, and shall continue for such number
of days as it may
determine until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays and legal holidays.

b. Special. A special session may be called by the President at any

time.

Joint sessions.
i. Voting separately. The congress in a joint session shall vote
separately when:

a. Choosing the President;

b. determining president’s disability;
c. Confirming nomination of the Vice President,
d. Declaring the existence of a state of war; and
e. Proposing constitutional amendments.

ii. Voting jointly: to revoke or extend proclamation suspending

the privilege of the writ of habeas corpus or placing the
Philippines under martial law [Sec.18 art. VII]
Officers. The members of the Senate shall elect its President,
and the House of Representative, its Speaker, by a majority vote
of all its respective members. Each house shall choose such
other officers as it may deem necessary.

Quorum. A quorum is the numbers required that makes a lawful

body to do any valid corporate act.

A simple majority of each House shall constitute a quorum to do

business, but a smaller number may adjourn from day and may

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 compel the attendance of absent members in such manner and
under such penalties as such House may determine [sec. 16 (2)].
Discipline of members. The House may punish its members
for disorderly behavior and, with the concurrence of 2/3 of all its
members, suspend (for not more than sixty days) or expel a
member [sec. 16(3)].

Other forms of punishment may include: a) reprimand, b) fine, c)

forfeiture of salary, or d) imprisonment.

The Electoral Tribunals [Sec.17]

Composition. Each tribunal (Senate Electoral Tribunal and House of
Representatives Electoral Tribunal) shall be composed of three (3)
Supreme Court Justice, and six (6) members of the House concerned
chosen on the basis of proportional representation from the political
parties registered under the party-list system represented therein. The
Senior Justice of the SC shall be its Chairman.

Power: The Electoral Tribunals (Senate and the House of

Representatives) shall be the sole judge of all contest relating to the
election, returns and qualifications of their respective members.

The Commission On Appointments [Sec. 18]

Composition: The Senate President, as ex officio Chairman, 12 Senators
and 12 Members of the House of Representatives, elected by each House
on the basis of proportional representation from the political of
Representatives, elected by each House on the basis of proportional
representation from the political parties registered under the party-list
system represented therein. The chairman shall not vote except in case of
a tie (Daza vs. Singzon)

Power. The commission shall act on all appointments submitted to it

within 3o session days of Congress from their submission. The
Commission shall rule by a majority vote of its members. It shall meet
only while Congress is in session, at the call of its Chairman or a majority
of all its members.
The Commission on Appointments is independent of the two Houses
of Congress; its employees are not employees of Congress.

POWER OF CONGRESS.
General or plenary legislative power. [Sec.1]. this refers to the power
of Congress to propose, enact, amend or repeat laws.
The procedures in the passage of a bill are as follows:
i. First reading: the bill is ready by its title, number and sponsor;

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 ii. Referral to an appropriate committee of the House of origin;
iii. Second reading: the entire bill is read;
iv. Debates; insertion of revisions and amendments;
v. Printing and distribution;
vi. Third reading: only the title of the bill is read;
>Division of the house, majority vote is sufficient;
vii. Referral to the other house; the above mentioned procedures
shall be followed;
viii. In case of conflict as to the substance of the bill, it shall be
referred to the Bicameral Committee; and to be forwarded again
to both houses for vocation; if the required vote is not attained,
the bill may die a natural death if not remedied; and
ix. Submission of the approval bill to the President for his approval

Approval of bills. The bill becomes law when:

i. The President approves the same and signs it;
ii. The President vetoed it but was overridden upon
by a vote of two-thirds of all members of the House
of origin and the other House; and Partial veto of
the President is not allowed; exception, it is allowed
only for particular items in an appropriation,
revenue or tariff bill [Sec.27(2), Art. VI].
iii. Presidential inaction for thirty days (30) from
receipt of the bill; the bill shall become a law as if
he had signed it.

b. POWER OF APPROPRIATION.
Appropriation law is a statute, the primary and specific purpose of
which is to authorize the release of public funds from the treasury.
Kinds:
1. General Appropriation law/Act. It is passed annually, intended
to provide for the financial operations of the entire government
during one fiscal period.
2. Special appropriation measure. It is designed for a specific
purpose.

Implied limitations on appropriation measures:

i. The appropriation must be devoted to a public purpose; and
ii. The sum authorized to be released must be determinate, or at
least determinable.

Constitutional limitations on special appropriation measures:

i. It must specify the public purpose for which the
sum is intended; and
ii. It must be supported by funds actually available as
certified to by the National Treasurer, or to be
raised by a corresponding revenue proposal
included therein [Sec. 25 (4)]

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c. POWER OF TAXATION
Limitations:
i. Rule of taxation shall be uniform and equitable. Congress
shall evolve a progressive system of taxation.
ii. Charitable institutions, etc., and all lands, buildings and
improvements used actually, directly and exclusively for
education purposes shall be exempt from taxes and duties.
iii. All revenues and assets f non-stock, non-profit
educational institutions used actually, directly and
exclusively for educational purposes shall be exempt from
taxes and duties.
iv. Laws granting tax exemption shall be passed only with
the concurrence of a majority of all the members of
Congress.

d. Power of legislative investigation. It is available to either House or any

of its respective committees [Sec. 21].
Limitations:
i. The power must be exercised in aid of legislation;
ii. In accordance with duly published rules of procedure; and
iii. Right of persons appearing in, or affected by such, inquiry shall
be respected.

e. Power to punish contempt. Punishment of contumacious witness (one

who persistently and willfully defies an authority) may include
imprisonment, for the duration of the session. But the Senate, being a
continuing body, may order imprisonment for an indefinite period. (Cases
of PCGG Chairman Sabio and VACC Chairman Dante Jimenez).
f. Power to declare the existence of a state of war [Sec. 23(1)]. The
Congress, by a vote of 2/3 of both houses, voting separately, declares the
existence of a state of war.
g. Power to act as Board of Canvassers in election of President and Vice
President [Sec. 4 (4), Art. VII]

h. Power to call special election for President and Vice-President [Sec. 10,
Art. VII]

i. Power to concur in President amnesties [Sec. 19, Art. VII]

j. Power to be judge of President’s physical fitness to discharge the

function of the Presidency [Sec. 11 (4), Art. VII].

k. Power to revoke or extend suspension of the privilege of the writ of

habeas corpus or declaration of martial law [Sec. 18, Art. VII].

l. Power to concur in treaties or international agreements [Sec. 21, Art.

VII].

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m. Power to confirm certain appointments/nominations made by the
President [Sec. 9, Art. VII].

i. Nomination made by the President in the event of a vacancy in

the Office of Vice President, from among the members of Congress, shall
be confirmed by a majority vote of all the Members of both House of
Congress, voting separately.

ii. Nomination made by the President under Sec. 16, Art. VII, must
be confirmed by the Commission on Appointments.

n. Power of Impeachment [Sec. 2, Art. XI].

o. Power with regard to natural resources [Sec. 2, art. XII].

p. Power to propose amendments to the Constitution [Sec. 1 & 2, Act.

XVII]

*****************************************************

ASSIGNMENT 5
INSTRUCTIONS:

a) Research for a personality in the Philippines that is currently a

part of the Legislative branch of the government.
b) Make an essay of his biography and his achievements as a public
official of the country.

 What bills did he/she proposed?

 What are his/her achivements as a public officer?
 What govermental issues is he/she involved in?

c) Do this on a short bond paper.

Other guide questions will be provided by your course facilitator.

References:

Constitution of the Republic of the Philippines, 2 February 1987,

Available at: https://www.refworld.org/docid/3ae6b5470.html
[Accessed 30 August 2021]

Samonte, L. (2017) Phil Constitution Course Manual.

Bandiwan, J. (2020) Phil Constitution Module.

Page 62 of 88
*****************************************************
*****************************************************

ARTICLE VII – THE EXECUTIVE DEPARTMENT

EXECUTIVE POWER (Sec 1.)

1. It is the power to administer laws, which means carrying them into

practical operation and enforcing their due observance.

2. Executive power is vested in the President of the Philippines.

3. The president is both the head of the State and the head of the
government.

Qualification [Sec. 2]. No person shall be elected as President of the

Philippines, unless:
a. he is a natural-born Filipino citizen;
b. a registered voter;
c. able to read and write;
d. at least 40 years of age on the day of the election; and
e. a resident of the Philippines for at least 10 years immediately
preceding the election.

Election [Sec. 4].

a. Regular election: Second Monday of May.

b. The President and Vice President are elected by direct vote of the
people.

c. Congress is granted the power to canvass the votes for the President
and Vice President. Plurality rule applies in the election of the President
and Vice President.

In case two or more candidates shall have an equal and highest number of
votes, one of them shall be chosen by a majority vote of all the members
of Congress.

d. The Supreme Court as Presidential Electoral Tribunal. The Supreme

Court, sitting in banc, shall be the sole judge of all contests relating to the
election, returns and qualifications of the President and Vice President,
and may promulgate its rules for the purpose.

Terms of office [Sec. 4].

i. The term of office shall be six years.

ii. The President shall not be eligible for reelection.

iii. The Vice President shall serve for not more than two successive
terms.

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 iv. No person who has succeeded as President and has served as
such for more than Four years shall be qualified for election to
the same office at any time.

Privileges [Sec. 6].

1. Official residence. Malacanang Palace, Manila.

2. Salary. It shall be determined by law; shall not be decreased during

his tenure. No increase shall take effect until after the expiration of the
term of the incumbent during which such increase was approved.

3. Immunity from suit.

Prohibitions/ Inhibitions (Sec 6 & 13)

1. The President shall not receive any other emoluments from the
government or any other source.

Unless otherwise provided in this Constitution, he shall not hold any other
office or employment.

Exception:

a. The Vice President may be appointed to the Cabinet, without need

of confirmation by the Commission on Appointments.

b. The Secretary of Justice is an ex officio member of the Judicial and

Bar Council.

3. The President shall not directly or indirectly practice any other

profession, participate in any business, or be financially interested in any
contract with, or in any franchise or special privilege granted by the
government or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporation or their subsidiaries.

4. Strictly avoid conflict of interest in the conduct of their office.

5. May not appoint spouse or relatives by consanguinity or affinity within

the fourth civil degree as Members of Constitutional Commission, 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.

*** [Paragraphs a to d shall apply to the Vice President, paragraphs b to

d shall also apply to Members of the Cabinet, their deputies or assistants
during their tenure of office].

Rules on succession (Sec. 7 & 8)

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a. Vacancy at the beginning of the term:

i. Death or permanent disability: The Vice President-elect shall

become President.

ii. President-elect fails to qualify: The vice President-elect shall

act as President until a President shall have been chosen and
qualified.

iii. No President and Vice President were chosen nor shall have
qualified, or both shall have died or become permanently
disabled. The Senate President or, in case of his inability, the
Speaker of the House of Representatives shall at as President
until a President or a Vice President shall have been chosen and
qualified. In the event of inability of the officials mentioned,
Congress shall, by law, provide for the manner in which one who
is to act as President shall be selected until a President or Vice
president shall have qualified.

b. Vacancy during the term:

i. Death, permanent disability, removal from office, or resignation

of the President, the Vice president shall become the President.

ii. Death, permanent disability, removal from office, or resignation

of the President and Vice President: The Senate president or, in case of
his inability, the Speaker of the House of Representatives, shall act as
President until a President or Vice President shall be elected and qualified.
The Congress shall, by law, provide for the manner in which one is to act
as president on the event of inability of the officials mentioned above.

c. Temporary disability
i. When the President transmits to the Senate President and the
Speaker of the House of Representatives his written declaration that he is
unable to discharge the powers and duties of his office, and until he
transmits of them a written declaration on the contrary: such powers and
duties shall be discharged by the Vice President as acting President.

ii. When a majority of all the Members of the Cabinet transmit to

the Senate President and the Speaker of the House their written
declaration that the President is unable to discharge the powers and
duties of the office as Acting President. Thereafter, when the President
transmit to the Senate President and Speaker of the House his written
declaration that no inability exists, he shall reassume the powers and
duties of his office.

d. Constitutional duty of Congress in case of vacancy in the Offices

of President and Vice President

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 1. At 10 o’clock in the morning of the 3rd day after the vacancy
occurs, Congress shall convene without need of a call, and within
7 days enact a law calling for a special election to elect a
President and a Vice President to be held not earlier than 45 days
nor later than 60 days from the time of such call.

2. The bill shall be deemed certified and shall become a law upon its
approval on third reading by Congress.

3. The convening of Congress cannot be suspended nor the special

election postponed.

i. No special election shall be suspended nor the special

election postponed.
ii. No special election shall be called if the vacancy occurs within
18 months before the date of the next presidential election.

Removal of the President: By impeachment [Sec. 2 and 3, Art. XI].

THE VICE PRESIDENT

Qualifications, election, term of office, and removal office: Same as

the President [Sec. 3].

a) No Vice President shall serve for more than 2 successive terms.

b) No Vice President may be appointed as Member of the Cabinet.
Such appointment requires no confirmation by the Commission on
Appointments.

Vacancy in the Office of the Vice President [Sec. 9]

The President shall nominate a Vice President from among the

members of the Senate and the House of Representative who shall
assume the office upon confirmation by a majority vote of all the
members of both Houses of Congress, voting separately.

POWERS OF THE PRESIDENT

1. The Executive Power (Sec. 1 and 7): The power to enforce and
administer the laws.

a. The president shall ensure the laws are faithfully executed [Sec.
17]. It is not for him to determine the validity of a law since this
is a question exclusively addressed to the Judiciary. Thus, until
and unless a law is declared unconstitutional, the President has a
duty to execute it regardless of his doubts on its validity. A
contrary opinion would allow him to negate the will of the
Legislation and to encroach upon the prerogatives of the
Judiciary.

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 Case: in Planas vs. Gil, the SC declared that the President is the
Executive of the Government of the Philippines and no other, and
that all executive authority is thus vested in him.

2. The Power of Appointment (SEC. 16).

Appointment is the selection, by the authority vested with the

power, of an individual who is to exercise the functions of a given
office. It is distinguished from designation, which means the
imposition of additional duties, usually by law, on a person already in
the public service. It is also different from the commission, which is
the written evidence of the appointment.

Kinds:

1. Permanent. Permanent appointments are those extended to

persons possessing the requisite eligibility and are thus protected by
the constitutional guarantee of security of tenure.
2. Temporary appointment is given to persons without such
eligibility, revocable at will and without the necessity of just cause or
a valid investigation; made on the understanding that the appointing
power has not yet decided on a permanent appointee and that the
temporary appointee may be replaced at any time a permanent
choice is made.

Cases: A temporary appointment and a designation are not

subject to confirmation by the Commission on Appointments. Such
confirmation, if given erroneously, will not make the incumbent a
permanent appointee (Valencia vs. Peralta).

In Binamira vs. Garrucho, it was held that where a person is

merely designated and not appointed, the implication is that he shall
hold the office only in temporary capacity and maybe replaced at will
by the appointing authority. In this sense, a designation is considered
only an acting or temporary appointment which does not confer
security of tenure on the person named.

3. Regular or Ad interim. A regular appointment is one made

by the President while Congress is in session, it takes effect only
after confirmation by the Commission on Appointments, and once
approved, continues until the end of the term of the appointee.

Officials who are to be appointed by the President. [Sec. 16].

a. Head of executive department;

b. Ambassador, other ministers and consuls;
c. Officers of the Armed Forces the rank of colonel or naval captain;
d. Those other officers whose appointments are not provided for by
law; and
e. Those whom he may be authorized by law to appoint.

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 Note:
Item (a) to (d) above are subject to confirmation by the
Commission on Appointments, while the others (e & f) are not.

The steps in the appointing process are:

i. nomination by the President;

ii. confirmation by the Commission on Appointments;
iii. issuance of the commission; and
iv. acceptance by the appointee.

DISCRETION OF THE APPOINTING AUTHORITY:

Special limitations on appointing power.

a. Appointment extended by an Acting President shall remain

effective unless revoked by the elected President within ninety
days from his assumption of office [Sec. 14.]

b. 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 except temporary appointments to
execute positions when continued vacancies therein will
prejudice public service or endanger public safety [Sec. 15].

c. The Presidential power of appointment may be limited by

Congress through its power to prescribe qualifications for public
office; and the Judiciary may annul an appointment made by the
President if the appointee is not qualified or has not been validly
confirmed.

3. The power of removal.

The power of removal may be implied from the power of appointment.

However, the President cannot remove officials appointed by him where
the Constitution prescribes certain methods for separation of such officers
from public service, e.g., Chairmen and Commissioners of Constitutional
Commissions who are removable only by impeachment, or judges who are
subject to the disciplinary authority of the Supreme Court. In the cases
where the power of removal is lodged in the President, the same may be
exercised only for cause as may be provided by law, and in accordance
with prescribed administrative procedure.

Cases: Members of the career service of the Civil Service who are
appointed by the President may be directly disciplined by him [Villaluz vs.
Zaldivar], provided that the same is for cause and in accordance with the
procedure prescribed by law.

Page 68 of 88
 However, in Alajar vs. Alba, it was held that members of the
Cabinet and such officers whose term of office depends upon the pleasure
of the President may be replaced at any time but legally speaking, their
separation it effected not by the process of removal but by the expiration
of their term.

4. The Power of Control [Sec. 17].

a. Control is the power of an officer to alter or modify or nullify or

set aside what a subordinate officer had done in the performance of his
duties and to substitute the judgement of the former for that of the latter.
It is distinguished from supervision, which means overseeing, or the
power or authority of an officer to see that subordinate officers perform
their duties, and if the latter fail or neglect to fulfill them, then the former
may take such action or steps as prescribed by law to make them perform
these duties.

b. The alter ego principle. It is also known as the doctrine of

qualified political agency. It means the President may exercise powers
conferred by law upon Cabinet members or other subordinate executive
officers.

Case: In Magallanes vs. Pano, it was said that ever where the law
provides that the decision of the Director of Lands on questions of fact
shall be conclusive when affirmed by the Secretary of Environment and
Natural Resources, the same may, on appeal to the President, be
reviewed and reversed by the Executive Secretary.

5. The Military Powers [Sec.18].

a. The Commander-in-chief clause

1. To call out such armed forces to prevent or suppress lawless

violence, invasion or rebellion.

2. To organize courts marital for the discipline of the members of the

Armed Forces, create military commissions for the punishment of
war criminals.

Cases in Olaguer vs. Military Commission No. 34, it was held that
civilian may not be tried by military tribunals when civil courts are
open and functioning.

In Quilona vs. General Court Marial, the SC held that pursuant to

RA 6975, members of the Philippine National Police are not within the
jurisdiction of a military court.

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

Grounds: there must be invasion or rebellion, when public safety

requires it.

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 1. Duration: Not to exceed sixty days, following which it shall be lifted,
unless extended by Congress.
2. Duty of the President to report action to Congress: it must be within
48 hours, personally or in writing.

3. Authority of Congress to revoke or extend the effectivity of the

proclamation: By a majority vote of all its members voting jointly.

4. Authority of the Supreme Court to inquire into the sufficiency of the

factual basis for such action.

5. The Proclamation does not affect the right to bail.

6. The suspension applies only to persons facing charges of rebellion

or offenses inherent in or directly connected with invasion.

7. Persons arrested must be charged within 3 days; if not, they should

be released automatically without the need of a writ of habeas
corpus.

c. Marital Law

In its strict sense, military arm does not supersede civil authority
but is called upon to aid it in the execution of its functions.

It is subject to the same limitations as in suspension of the privilege

of the writ of habeas corpus.

6. The Budgetary power [Sec. 22].

The President shall submit to congress within 30 days from the

opening of every regular session, as the basis of the general
appropriations act, a budget of expenditures and sources of financing,
including receipts from existing and proposed revenue measures.

7.The Informing power [Sec.23].

The President shall address the Congress at the opening of its

regular session. He may also appear before it at any other time.
8.Other power of the President:

a. Call Congress to a special session

b. Power to approve or veto bills
c. To consent to deputize government personnel by the Commission
on Elections;
d. To discipline such deputized personnel
e. By delegation from Congress, emergency powers, and tariff
powers

f. General supervision over local governments and autonomous

regional governments.

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*****************************************************

ASSIGNMENT 6
INSTRUCTIONS:
The President must create a budget and decide which Cabinet needs the most and
least funding.
Think about the responsibilities for each department. Discuss why they may need the
most/least fund. You can use the internet for additional information about the Cabinet
and their needs.
Choose the 5 Departments in which you think needs the most funding and 5
Cabinets which you think needs the least fund. Arrange them in order. Justify your
answers.
*Note: Of course, all departments are important to some or many citizens of the
Philippines, but there is only so much money available for each department.

Below are the 21 Departments in the Philippine Government.

Department of Department of Department of

Agrarian Reform Agriculture Budget and Management
Kagawaran ng Repormang Kagawaran ng Pagsasaka Kagawaran ng Pagbabadyet at
Pansakahan Pamamahala

Department of Department of Department of

Education Energy Environment and Natural
Kagawaran ng Edukasyon Kagawaran ng Enerhiya Resources
Kagawaran ng Kapaligiran at Likas
na Yaman

Department of Department of Department of

Finance Foreign Affairs Health
Kagawaran ng Pananalapi Kagawaran ng Ugnayang Panlabas Kagawaran ng Kalusugan

Department of Department of the

Human Settlements and Urban Interior and Local Government
Development Kagawaran ng Interyor at
Kagawaran ng Pananahanang Pamahalaang Lokal
Pantao at Pagpapaunlad ng
Kalunsuran Department of Information and
Communications Technology

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 Kagawaran ng Teknolohiyang
Pang-Impormasyon at
Komunikasyon

Department of
Department of Labor and Employment Department of
Justice Kagawaran ng Paggawa at National Defense
Kagawaran ng Katarungan Empleyo Kagawaran ng Tanggulang
Pambansa

Department of Department of
Department of Social Welfare and
Public Works and Highways Science and Technology
Kagawaran ng mga Pagawain at Development
Kagawaran ng Agham at
Lansangang Bayan Kagawaran ng Kalingang
Teknolohiya
Panlipunan at Pagpapaunlad

Department of Department of Department of

Tourism Trade and Industry Transportation
Kagawaran ng Turismo Kagawaran ng Kalakalan at Kagawaran ng Transportasyon
Industriya

****Worksheet format for Assignment 5. You can use separate sheet of paper for
this activity. (40 points)

Departments which needs the MOST Funding

Department Justification

1.

2.

3.

4.

5.

Departments which needs the LEAST Funding

Page 72 of 88
 Department Justification
5.

4.

3.

2.

1.

References:

Constitution of the Republic of the Philippines, 2 February 1987,

Available at: https://www.refworld.org/docid/3ae6b5470.html
[Accessed 30 August 2021]

Samonte, L. (2017) Phil Constitution Course Manual.

Bandiwan, J. (2020) Phil Constitution Module.

*****************************************************
****************************************************

ARTICLE VIII - THE JUDICIAL DEPARTMENT

THE JUDICIAL POWER

1. Definition. 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 accounting to
lack of excess of jurisdiction on the part of any branch or
instrumentally of the Government [Sec. 1, par. 2].

2. Where vested. Judicial power is vested in one Supreme Court

and in such 1 lower courts as may be established by law.

3. Jurisdiction is the power to hear and decide a case.

Power of Congress: Congress shall have the power to define,
prescribe and apportion the jurisdiction of the various courts but
may not deprive the Supreme Court of its jurisdiction over cases
enumerated in Section 5, Art. VIII.

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 No law shall be passed increasing the appellate jurisdiction of
the Supreme Court as provided in the Constitution without its
advice and concurrence [Sec.30, Art. VI].

Constitutional Safeguards to insure the insure the independence of

the Judiciary:

1. The Supreme Court is a constitutional body; it may not be

abolished by legislature,
2. The members of Supreme Court are removable only by
impeachment
3. The Supreme Court may not be deprived of minimum original
and appellate jurisdiction; appellate jurisdiction may not be
increased without its advice and concurrence.
4. The Supreme Court has administrative supervision over all
inferior courts and personnel.
5. The Supreme Court has the exclusive power to discipline judges
or justice of inferior courts.
6. The members of Judiciary have security of tenure.
7. The members of the Judiciary may not be designated to any
agency performing quasi-judicial and administrative functions.
8. Salaries of judges may not be reduced; the Judiciary enjoys
fiscal autonomy.
9. The Supreme Court alone may initiate Rules of Court.
10.The Supreme Court can appoint all officials and employees of
the Judiciary.

The Power if Judicial Review/Inquiry:

Judicial review or inquiry is the power of the courts to test the
validity of executive and legislative acts in light of their conformity
with the Constitution. This is not as assertion of superiority over the
other departments, but merely an expression of the supremacy of
the Constitution.

Requisite of judicial inquiry

They are as follows:

 There must be an actual case of controversy. There must be a

conflict of legal rights, an assertion of opposite legal claims
susceptible of judicial adjudication.

 The question of constitutionality must be raised by the proper party.

A proper party is one who has sustained or is in imminent danger of
sustaining an injury as a result of the act complained of.
 The constitutional question must be raised at the earliest possible
opportunity. In criminal cases, the question can be raised at any

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 time at the discretion of the court; in civil cases, the question can
be raised at any stage if necessary for the determination of the
case itself; and in every case, except where there is estoppel, it can
be raised at any stage if it involves the jurisdiction of the court.

 There must be a necessity of deciding the constitutional question.

The courts cannot decide a constitutional question for as long as
there is some other basis that can be used for a decision because of
the doctrine of separation of powers which demands that proper
respect be accorded the other departments.

Case: In Ty vs. Trampe, the SC stressed that it will not pass upon a
question of constitutionality, although properly presented, if the case can
be disposed of on some other grounds, such as the application of the
statue or the general law.

EFFECTS OF DECLARATION OF UNCONSTITUTIONALITY.

Two views:

1. Orthodox view: An unconstitutional act is not a law; it confers no

right; it imposes no duties; and it is inoperative, as if it had not
been passed at all.
2. Modern view: The courts simply refuse to recognize the law and
determine the rights of the parties as if the statue had no existence.
Certain legal effects of the statue prior to its declaration of
unconstitutionality may be recognized. Thus, in the case of Y not vs.
IAC, the public officer who implemented as unconstitutional law
prior to the declaration of declaration of unconstitutionality cannot
be held liable.

Partial unconstitutionality.
The requisites are as follows:

1. The legislature is willing to retain the valid portion (shown by

the presence of a separability clause in the law); and

2. The valid portion can stand independently as law.

APPOINTMENT TO THE JUDICIARY

a. Qualifications: A members of the Judiciary must be of

proven competence, integrity, probity and independence. In
addition:
b. Supreme Court: Must be a natural-born citizen of the
Philippines, at least 40 years of age, for 15 years or more a
judge of a lower court or engaged in the practice of law in
the Philippines.

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 c. Lower Collegiate Courts (Court of Appeals and the
Sandiganbayan): Must be a natural-born citizen and member
of the Philippine Bar [Congress may prescribe other
qualification].
d. Lower Court (Regional Trial Court and Municipal Trial Court):
Must be a citizen of the Philippines and member of the
Philippine Bar [Congress may prescribe other qualifications].

Procedure for appointment.

a) Must be appointed by the President of the Philippines from

among a list of at least three nominees prepared by the
Judicial and Bar Council for every vacancy.
b) For lower courts, the President shall issue the appointment
within ninety days from submission of the list.

The Judicial and Bar Council.

Composition [sec. 8 (1) and (3)];

1. Ex-officio members- [a] Chief Justice of the Supreme as

chairman, [b] the Secretary of Justice, [c] and a representative
of Congress (Either a senator or congressman as per decision
from the Supreme Court in Re: Issue raised by Atty. Frank
Chavez, 2012)
2. Regular members- [d] a representative of the Integrated Bar of
the Philippines, [e] a professor of law, [f] a retired justice of the
Supreme Court, and [g] a representative of the private sector.
3. Secretary ex-officio- The Clerk of Court of the Supreme Court.

a. Appointment: The regular members shall be appointed by

President for a term of four year, with the consent of the
Commission on Appoinments. They shall receive such
emoluments as may be determined by the Supreme Court
[Sec.8 (5)].
b. Power/functions: The council shall have the principal function
of recommending appointees to the Judiciary. It may
exercise such other functions and duties as the Supreme
Court may assign to it [Sec.8(5)].

THE SUPREME COURT

Composition:

A Chief Justice and 14 Associate Justices. It may sit en banc (the 15

justices must decide as a body or in its discretion, in divisions of three,
five or seven members. Any vacancy shall be filled within 90 days from
occurrence thereof.

Writ of Amparo

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 A remedy available to any person whose right to Life, Liberty and
Security is violated or threatened with violation by an unlawful act or
omission of a Public Official or Employee, or a private individual or entity.

Limitations on the rule-making power of the Supreme Court:

 it must provide a simplified and inexpensive procedure for the

speedy disposition of cases:
 it must be uniform for all courts of the same grade; and
 it shall not diminish, increase or modify substantial rights.
 Power of administrative supervision over all courts and the
personnel thereof [Sec.6].

TENURE OF JUSTICES/JUDGES

Supreme Court: Justices may be removed only by impeachment. They

shall hold office until they reach the age of seventy years or become
incapacitated to discharge the duties of their office.

Case: in IN RE: RAUL GONZALEZ, the SC said that the Special Procecutor
is without authority to conduct an investigation on charges against
members of the Supreme Court with the end of view of filing a criminal
information against them with the Sandiganbayan, as this would, in effect,
violate their security of tenure.

Lower Courts: Judges shall hold office during good behavior until they
reach the age of seventy years or become incapacitated to discharge the
duties of their office [Sec. 11].

No law shall be passed reorganizing the Judiciary when it undermines the

security of tenure of its members. [Sec. 2].

Periods for decision [Sec. 15].

All cases filed after the affectivity of this Constitution must be decided or
resolved, from date of submission, within:

 24 months: Supreme Court;

 12 months: lower collegiate courts; and
 3 months: all other lower courts: unless, in the two latter cases, the
period is reduced by the Supreme Court.
 A certification to be signed by the Chief Justice or Presiding Justice
shall be issued stating the reason for the delay.
 Despite the expiration of the mandatory period, the court, without
prejudice to such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the case or matter
submitted to it without further delay.
 The court does not lose jurisdiction over the case, despite the lapse
of the mandatory period.
 The erring judge or justice may be subjected to administrative
sanction for the delay.

Page 77 of 88
Case: In Marcelino vs. Cruz, the SC held that the provision [SEC. 15 (1) is
merely directory, being procedural in nature.

*****************************************************

ASSIGNMENT 7
INSTRUCTIONS:

Make a flow chart to show the distribution of powers in the Judicial Branch of
government of the Philippines. Be creative in your work. (25 points) You can
research photos and examples in the internet but your work must possess
originality.

Each photo and figure must contain a caption explaining the role of each branch.

References:

Constitution of the Republic of the Philippines, 2 February 1987,

Available at: https://www.refworld.org/docid/3ae6b5470.html
[Accessed 30 August 2021]

Samonte, L. (2017) Phil Constitution Course Manual.

Bandiwan, J. (2020) Phil Constitution Module.

*****************************************************
*****************************************************

CHAPTER VIII – ARTICLE IX: CONSTITUTIONAL

COMMISSIONS
CHAPTER OBJECTIVE:

At the end of this chapter, you should be able to:

a. identify the role of the three constitutional commissions in the
Philippine government and;
b. describe the significance of each department in the Philippine
government.

Quick Check!!

Page 78 of 88
Share and speak-out what you know…

Good day! I’m Tim. Your learning assistant. Before proceeding to your new
lesson, I have few tasks and question for you to ponder upon.
a. What are the three constitutional
commissions in the Philippines?
b. What are their roles?

The independent constitutional commissions are:

1. THE CIVIL SERVICE COMMISSION [CSC];

2. THE COMMISSION ON ELECTIONS [COMELEC]; AND
3. THE COMMISSION ON AUDIT [COA].

Safeguards to ensure the independence of the Commissions:

a) They are constitutionally created; may not be abolished by a

statute.
b) Each Commission is conferred certain powers and functions which
cannot be reduced by statute.
c) The chairmen and members cannot be removed except by
impeachment.
d) The chairmen and members may not be reappointed or appointed
in an acting capacity.
e) The chairmen and members are given fairly long term of office of
seven years.
f) Each commission may promulgate its own procedural rules,
provided they do not diminish, increase or modify substantive rights
[though subject of disapproval by the Supreme Court].
g) The Commissions may appoint their own officials and employees in
accordance with the Civil Service Law. The Commissions enjoy fiscal
autonomy.
h) The Commissions enjoy fiscal autonomy.
i) The salaries of the chairmen and members may not be decreased
during continuance in office.

A. The Civil Service Commission {csc}

1. Composition of the commission.

a. A chairman and two Commissioners, who shall be natural-born
citizens of the Philippines and, at the time of their appointment,
at least 35 years of age, with proven capacity of public
administration, and must not have been candidates for any
elective position in thw election immediately preceding their
appointment.

Page 79 of 88
 b. They shall be appointed by the President with the consent of the
Commission on Appointments for the term of seven years
without reappointment.

Constitutional objectives or functions the CSC [Sec. 3, Art. IX-B]. As

the central personnel agency of the Government:

a. To establish a career services and adopt measures to promote

morale, efficiency, integrity, responsibility, progressiveness and
courtesy in the civil service;
b. To strengthen the merit and rewards system;
c. To integrate all human resources development programs for all
levels and ranks; and
d. To institutionalize a management climate conductive to public
accountability.

Scope of the CSC

It embraces all branches, subdivisions, instrumentalities and agencies of

the government, including government-owned and controlled corporations
(GOCC's) with original charters [Sec.2 (1), Art. IX-B].

Cases: In TUPAS vs. National Housing Authority, it was held that the NHA
is not embraced in the civil service, and that employer-employee
relationship is governed not by the Civil Service Law but by the Labor
Code of the Philippines.

In Uap vs. Regino, it was held that the University of the Philippines,
having been created by a special law and giving an original charter, is
clearly part of the Civil Service Law.

Appointments in the Civil Service

Appointments in the Civil Service shall be made only according to

merit and fitness to be determined, as far as practicable, by competitive
examination, except to positions which are policy determining, primarily
confidential or high technical.

Right to self-organization.

The right to self-organization shall not be denied to government

employees [Sec.2 (5), Art. IX-B].

Case: In MPSTA vs. Laguio, it was held that the right to organize and join
unions, associations or societies cannot be curtailed. However,
government employees may not engage in strikes to demand changes in
the terms and conditions of employment, as the terms and conditions of
employment are provided by law.

Double Compensation.

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No elective or appointive public officer or employee shall receive additional,
double or indirect compensation, unless specifically authorized by law, nor
accept without the consent of Congress, any present, emoluments, office
or title of any kind from any foreign government. Pensions and gratuities
shall not be considered as additional, double or indirect compensation
[Sec. 8, Art. IX-b].

Note:

1. Civil Service employees cannot be removed without cause.

2. No officer or employees in the civil service shall engage directly or
indirectly in any electioneering or partisan political campaign.
3. Congress shall provide a system for standardization of
compensation of government employees.
4. No candidate who lost in any election shall, within one year after
such election, be appointed to any office in the government or
GOCC.
5. Elective officials are ineligible for appointment or designation to any
office or position in the government. However, he may be appointed
provided he forfeits his seats.

B. The Commission on Elections (COMELEC)

Composition:

Chairman and six (6) Commissioners.

Qualifications:

No person shall be appointed as commissioner, unless:

a. He is natural-born citizen of the Philippines;

b. At least 35 years of age;
c. A holder of a college degree; and
d. Has not been a candidate in the immediately preceding election.
e. Majority of the members including the Chairman must be
lawyers who have been engaged in the practice of law for 10
years.

The term of office is seven (7) years without reappointment.

They shall be appointed by President with the consent of the Commission

on Appointments.

Constitutional powers and functions [Sec.2].

1. Enforces and administers all laws and regulations relative to the

conduct of an election, plebiscite, initiative, referendum and recall.
 Decides election contests; election contests involving regional,
provincial and city officials

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  Original Jurisdiction – election contest for regional, provincial
and city officials

2. Appellate Jurisdiction - election protest cases involving elective

municipal officials decided by courts of general jurisdiction
3. Deputizes law enforcement agencies;
4. Registers and accredits political parties;
5. Regulates public utilities and media.
6. Submits to the President and Congress a comprehensive report on
the conduct of each election, plebiscite, initiative, referendum and
recall.

Party System

A free and open party system shall be allowed to evolve according

to the free choice of the people. The Philippines adopts a multi-political
party-system, not the two-party system.

Election Period.

Unless otherwise fixed by the Commission in special cases, the election

period shall commence Ninety (90) days before the day of the election
and shall end thirty (30) days thereafter.

Campaign period:

a. 90 days for senators, President and Vice President;

b. 45 days for congressman, and local officials; and
c. 15 days for Barangay Officials. The Campaign period does not include
the day before the election.

C. The Commission on Audit

Composition:

It is composed of a Chairman and two (2) Commissioners.

Qualifications:

a. Natural-born Filipino citizens;

b. At least 35 years of age;
c. Certified public accountants with not less than 10 years of auditing
experience or members of the Philippine Bar with at least 10 years
practice of law.; and
d. Must not have been candidates in the election immediately
preceding their appointment.

They shall be appointed by the President with the consent of the

Commission on Appointments for a term for seven (7) years without
reappointment.

Powers and duties

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 1. examine, audit and settle all accounts pertaining to the revenue
and receipts of, and expenditures or uses of funds and property
a. owned or held in trust by, or pertaining to the government,
or any of its subdivisions, agencies, or instrumentalities,
including GOCCs with original charters
b. on post-audit basis:
 constitutional bodies, commissions and offices that have
been granted fiscal autonomy by the Constitution
 autonomous state colleges and universities
 other GOCCs and their subsidiaries
 such non-governmental entities receiving subsidy and
equity from or through the government
2. adopt such measures, including temporary or special pre-audit,
as are necessary and appropriate to correct the deficiencies
where the internal control system of the audited agencies is
inadequate
3. keep the general accounts of the government
4. preserve the vouchers and other supporting papers for such
period as may be provided by law
5. exercise exclusive authority
a. to define the scope of its audit and examination.
b. establish the techniques and methods required therefore.
c. promulgate accounting and auditing rules and regulations.

WHAT ARE PROHIBITED OFFICES AND INTERESTS?

1. Holding of any other office or employment during tenure
2. Engagement in the practice of any profession
3. Engagement in the active management or control of any business
which may affect the functions of his office
4. Financial interest in any contract with, or in any franchise or
privilege granted by the government, any of its subdivisions,
agencies or instrumentalities, including GOCCs or their subsidiaries

ADDITIONAL PROHIBITIONS (CSC)

1. Electioneering and other partisan political campaign
2. Lame-duck appointment
3. Appointment of elective officials
4. Holding more than one position by appointive officials
5. Additional, double or indirect compensation
6. Acceptance of any present, emolument, office or title of any kind
from any foreign government

Page 83 of 88
 QUIZ 5
INSTRUCTIONS:
Using the Venn diagram below, compare and contrast the NATURE, COMPOSITION
and FUNCTIONS of the three independent constitutional commissions of the
Philippines. You can use a separate sheet of paper for this activity. (20 points)

References:

Constitution of the Republic of the Philippines, 2 February 1987,

Available at: https://www.refworld.org/docid/3ae6b5470.html
[Accessed 30 August 2021]

Samonte, L. (2017) Phil Constitution Course Manual.

Bandiwan, J. (2020) Phil Constitution Module.

Page 84 of 88
 CHAPTER IX – ARTICLE X: THE LOCAL
GOVERNMENT
CHAPTER OBJECTIVES:
At the end of this chapter, you should be able to:

a) Identify the role of the local government to its constituents;

b) Identify the different branches that makes a local government.

Quick Check!!

Share and speak-out what you know…

Good day! I’m Tim. Your learning assistant. Before proceeding to your new
lesson, I have few tasks and question for you to ponder upon.
a. Which municipality/city are you from?
b. Can you describe your own local government?
c. What are the developments in your community in the last
10 years?

THE LOCAL GOVERNMENT [Art. X].

Local government refers to the political subdivision of a nation or state

constituted by the law and has substantial control of its local affairs, with
the officials elected.

The political subdivisions or units of local government in the Philippines

are the provinces, cities, municipalities and barangays. ARMM and CAR
are included as political subdivisions.

Provisions of local autonomy which are based on the Constitutions are:

1. The State shall ensure the autonomy of local government [Sec. 25,
Art. II]; and
2. The territorial and political subdivisions shall enjoy local autonomy
[Sec. 2, Art. X].

Cases: In Basco vs. PAGCOR, it was held that the principle of local
autonomy under the 1987 Constitution simply means decentralization; it
does not make the local governments sovereign within the state

In CBC vs. COA, Executive Order No. 220, issued by President Aquino in
the exercise of her legislative powers, creating the Cordillera

Page 85 of 88
Administrative Region [CAR], was held valid. It prepared the groundwork
for autonomy and adoption of organic law.

In Ordillo vs. COMELEC, it was held that the sole Province of Ifugao which,
in the plebiscite, alone voted in favor of RA 6766, cannot validly constitute
the Autonomous region of the Cordilleras.

Plebiscite Requirement.

No creation, division, abolition or substantial alteration of

boundaries of local government units shall take effect unless approved by
a majority of votes cast in a plebiscite called for the purpose in the
political unit or units directly affected. Said plebiscite shall be conducted
by the COMELEC within 120 days from the date of effectively of the law or
ordinance affecting such action, unless said law or ordinance fixes another
date.

Case: In Tan vs. COMELEC, it was held that a plebiscite for creating a new
province, municipality or barangay should include the participation of the
residents of the mother province or municipality in order to conform to the
constitutional requirement.

Land area, income and population requirements [Sec. 7, RA 7160].

1) Income. It must be sufficient, based on acceptable standards, to

provide for all essential government facilities and services, and
special functions commensurate with the size of its population, as
expected of the local government unit concerned.
An average income for the last two consecutive years based on
1991 constant prices should be:
a) Municipality: P2.5 M
b) City: P20 M/ Now its 100M as per 2008 Cityhood Law (R.A.
9009).

Update: in the enactment of the Cityhood Laws, Congress merely took the
16 municipalities covered thereby from the disadvantaged position
brought about by the abrupt increase in the income requirement (From
20M to 100M) of R.A. 9009, acknowledging the “privilege” that they have
already given to those newly converted component cities, which prior to
the enactment of R.A. 9009, were undeniably in the same footing or class
as the respondent municipalities. But in effect, the Cityhood laws granted
to 33 municipalities amended R.A. 9009 through the exemption clauses
therein. (League of Cities in the Philippines, et al. Vs. COMELEC G.R. No.
178056, February 15,2001.

2) Population – It shall be determined as the total number of

inhabitants within the territorial jurisdiction of the local government
unit concerned.

The required minimum population for:

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 a) Barangay: 2000 inhabitants, except in in Metro Manila and other
metropolitan political subdivisions or in highly urbanized cities.
Where the requirement is 5000 inhabitants.
b) Municipality: 25000
c) City: 150000
d) Highly urbanized city: 20000
e) Province: 250k

Land area: it must be contiguous, unless it comprises two or more island

or is separated by local government unit independent of the others;
properly identified by metes and bounds with technical descriptions and
sufficient to provide for such basic services and facilities to meet the
requirement of its populace.

The area requirements are:

 Municipality: 50? Square km

 City: 100 square km
 Province: 2000 km

Recall of officers – is modern method of removing persons from office

by the submission of the question as to whether or not they shall be
removed at the election held for the purpose.

Initiative – refers to the reserved power of the people in a local

government unit to propose laws and to enact or reject at polls called for
the purpose independently of the regularly constituted local legislative
body.

Referendum – refers to the process by which any law or ordinance

passed by local legislative body is subject to the approval and disapproval
of the people in the local government unit.

 The President shall exercise general supervision over all local

government units.
 Local Government are granted the power of taxation.
 Local Government have just share in the national taxes.
 Local Government have share in the proceed of utilization and
development of national wealth within their respective areas.
 Legislative bodies of local government shall have sectorial
representatives.
 Creation, division, merger, abolition, and alteration of boundaries of
local government are subject to the approval by the majority vote
cast in a plebiscite in the political units directly affected.

Page 87 of 88
 ASSIGNMENT 8
INSTRUCTIONS:

Make an essay report about your own municipality. (35 points)

Present the following:
a. Geographical location and features, total land area, total population,
major employment and annual income of your locality.
b. Who are the leaders of your local government?
c. What are the developments in your local government for the last 10
years?
d. What are the social and political issues in your community?
e. What is the role of your local government in solving these
problems?

Do this activity on a short bond paper. Your course facilitator may add
some required information for you to include in your essay.

REFERENCES
Constitution of the Republic of the Philippines, 2 February 1987,

Available at: https://www.refworld.org/docid/3ae6b5470.html

[Accessed 30 August 2021]

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