 Creative Presentation (SLE): Political Law

 Structure of Government
 Principles of a Republican State
 3 Branches of Government
 Principles of Separation of Powers
 3 Great Powers of the Government
 Checks and Balance/Co-Equal Branches
 Nature of Constitutional Bodies (e.g. Ombudsman)

CONSTITUTION (SALIGANG BATAS)

It is the document which serves as the fundamental law of the State; that body of
rules and maxims in accordance with which the power of sovereignty are habitually
exercised. That written instrument enacted by direct action of the people by which
the fundamental powers of the government are established, limited and defined, and
by which those powers are distributed among the several departments for their safe
and useful exercise for the benefit of the body politic.

It is the basic and paramount law to which all other laws must conform and to
which all persons, including the highest officials of the land, must defer. No act
shall be valid, however noble its intention, if it conflicts with the Constitution. The
Constitution must ever remain supreme. All must bow to the mandate of this law.
Right or wrong, the Constitution must be upheld as long as the sovereign people
have not changed it.

ARTICLE II (Declaration of Principles and State Policies)

SECTION 1. The Philippines is a democratic and republican State. Sovereignty
resides in the people and all government authority emanates from them.

STRUCTURE OF GOVERNMENT

The Philippines is a republic with a presidential form of government wherein

power is equally divided among its three branches: executive, legislative, and
judicial.

Republic

The Republican Form of government is one in which the powers of sovereignty

are vested in the people and are exercised by the people, either directly, or through
representatives chosen by the people, to whom those powers are specially
delegated. Unlike the democratic form of government, in which the powers of
sovereignty are vested in the whole body of free citizens, individuals retain
sovereign prerogatives over their private property rights (absolute ownership) of
their person, labor and property.

The Republican form is based on the foundation that people are supreme, and
governments are instituted to help secure their rights to life, liberty and property.
Examples of sovereign prerogatives are the right to defend private property with
deadly force, right of locomotion (freedom to travel) upon public roads and
waterways, and free exercise of rights and powers.

Republic (Latin: res publica) is a form of government in which the country is

considered a "public matter", not the private concern or property of the rulers. The
primary positions of power within a republic are not inherited. It is a form of
government under which the head of state is not a monarch.
In American English, the definition of a republic refers specifically to a form of
government in which elected individuals represent the citizen body and exercise
power according to the rule of law under a constitution, including separation of
powers with an elected head of state, referred to as a Constitutional republic or
representative democracy.

Democratic State

de·moc·ra·cy
(dĭ-mŏk′rə-sē)
n. pl. de·moc·ra·cies
1. Government by the people, exercised either directly or through elected
representatives.
2. A political or social unit that has such a government.
3. The common people, considered as the primary source of political power.
4. Majority rule.
5. The principles of social equality and respect for the individual within a
community.
The state of a democracy describes the functionality of a democratic state; the
healthier the democracy the more effectively it operates. An optimally functioning
democratic state perfectly follows the principles of responsible, and representative
government. The determination of the state of democracy in any given country is
usually derived from independent analysis found in opinion polling.
The efficiency which each state measures up to these principles can be seen by
analyzing several categories. Robert Dahl identifies five areas in which the ideal
democratic state — or polarchy, as he describes it — can operate.
 Effective participation: all members of the state should have the ability to
make known their views of a policy to all other members of the state.
 Equality of voting: all members of a state possess the ability to vote freely
and without fear of any consequence. Furthermore, all votes which are cast
must hold the same weight.
 Enlightened understanding: all members of a state must have the ability to
learn about any policy, and its potential consequences.
 Control of the agenda: all members of a state must possess the opportunity to
direct the policies which are implemented by the state.
 Inclusion of adults: all adults who are permanent residents of a state must
have full rights as citizens of the state.[1]
A state which is perfectly responsible to its citizens, and representative of its
citizens is impossible to achieve due to various real world factors that arise, both
deliberately and unintentionally. However, the factors which erode the state’s
ability to represent, and to be responsible can be identified and subverted through
alternative policies. The scope of these categories can be further expanded, and can
widely vary depending on which analytical methodology is being applied.
Determining the health of a democracy can take several different forms depending
on the line of inquiry being pursued. The functioning of the state can provide
insight into the overall state of a democracy. Representation within elected Houses
of Parliament or Congress, specifically the underrepresentation of women, or
visible minorities in elected positions are two examples. The inaccessibility of
elected officials by their constituents will erode citizens' control of the agenda, as
well as their participation in the political system. The approval rating of the elected
officials is indicative of the representation which a Congress is capable of offering.
A low approval rating means that those who were elected to represent are failing
their obligation, and therefore eroding the states' ability to remain responsible to
the citizens it represents.
Rather than just looking at the functionality of the state in question, an individuals
rights can be observed to determine the state’s health. Specifically, how free a
citizen is within any given state. A country whose citizens have more civic and
political rights will in turn function more closely to a consummate state.
Furthermore, the level of political knowledge in a state can affect the effectiveness
of a democracy, in that an uninformed electorate is an ineffective one.
The electoral process is perhaps the most valuable category to determine the state
of a democracy. Firstly by looking just at the actual process of voting; how easy or
difficult it is to cast a ballot in a district. States which enforce tough voter ID laws
may be undermining the qualities of an ideal state, simply by making it generally
more difficult to cast a vote. Furthermore, specifically targeted voter ID laws may
make the voting process unfair to a particular group of people. Finally, the voting
power of all citizens may vary depending on the dilution of rural versus urban
votes.[2] Laws surrounding who is allowed to cast a vote, as well as who is barred
from the process affects the equality of the voting process. The voting process can
be also analyzed by looking at the general process which goes into voting. Easy
access, as well as early notification to voting booths, waiting times at polls can
both mobilize and discourage people from voting. Early polling, and online voter
registration can make the process more accessible to more of the electorate. The
ability of the deputy returning officer can also affect the electorates' vote by
potentially rendering votes non-countable through poor explanation of the voting
process. Finally the overall voter turnout is crucial to the state of democracy
because the final statistic is in direct relation to all factors promoting, and eroding
the democratic process.[3]
State

Elements

A. State Defined - Elements

STATE – 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.

Elements of a State:

1. People – the inhabitants of the State; the # of which is capable for self-sufficiency
and self-defense; of both sexes for perpetuity.
a. Inhabitants;
b. Citizens;
c. Electors.

2. Territory – a fixed portion of the surface of the earth inhabited by the people of
the State. It must be sufficient enough to provide inhabitants with resources and the
inhabitants must protect it.

3. Government – the agency or instrumentality through which the will of the State is
formulated, expressed and realized.
Government of the Philippines – refers to the corporate governmental entity
through which the functions of the government are exercised throughout the
Philippines, including, save as the contrary appears from the context, the various
arms through which political authority is made effective in the Philippines, whether
pertaining to the autonomous regions, the provincial, city, municipal or barangay
subdivisions or other forms of local government.

Presidential form

A presidential system is a democratic and republican system of government

where a head of government leads an executive branch that is separate from the
legislative branch. This head of government is in most cases also the head of state,
which is called president.

In presidential countries, the executive is elected and is not responsible to the

legislature, which cannot in normal circumstances dismiss it. Such dismissal is
possible, however, in uncommon cases, often through impeachment.
The title "president" has persisted from a time when such person personally
presided over the governing body, as with the President of the Continental
Congress in the early United States, prior to the executive function being split into
a separate branch of government.

In a full-fledged presidential system, a politician is chosen directly by the people or

indirectly by the winning party to be the head of government. Except for Belarus
and Kazakhstan, this head of government is also the head of state, and is therefore
called president. The post of prime minister (also called premier) may also exist in
a presidential system, but unlike in semi-presidential or parliamentary systems, the
prime minister answers to the president and not to the legislature.
The following characteristics apply generally for the numerous presidential
governments across the world:
 The executive can veto legislative acts and, in turn, a supermajority of
lawmakers may override the veto. The veto is generally derived from the
British tradition of royal assent in which an act of parliament can only be
enacted with the assent of the monarch.
 The president has a fixed term of office. Elections are held at regular times
and cannot be triggered by a vote of confidence or other parliamentary
procedures, although in some countries there is an exception which provides
for the removal of a president who is found to have broken a law.
  The executive branch is unipersonal. Members of the cabinet serve at the
pleasure of the president and must carry out the policies of the executive and
legislative branches. Cabinet ministers or executive departmental chiefs are
not members of the legislature.[citation needed] However, presidential systems
often need legislative approval of executive nominations to the cabinet,
judiciary, and various lower governmental posts. A president generally can
direct members of the cabinet, military, or any officer or employee of the
executive branch, but cannot direct or dismiss judges.
 The president can often pardon or commute sentences of convicted
criminals.

Principles

Basic Principles and Policies

SECTION 1. Guiding Principles and Policies in Government.—Government power shall be

exercised in accordance with the following basic principles and policies:

(1) The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.
(2) The State values the dignity of every human person and guarantees full respect for human
rights.
(3) Civilian authority is, at all times, supreme over the military.
(4) The State shall ensure the autonomy of local governments.
(5) The territorial and political subdivisions of the Republic of the Philippines are the provinces,
cities, municipalities, and barangays. There shall be autonomous regions, in accordance with the
Constitution, in Muslim Mindanao and the Cordilleras as may be provided by law.
(6) The separation of Church and State shall be inviolable.
(7) The right of the people and their organizations to effective and reasonable participation at all
levels of social, political, and economic decision-making shall not be abridged. The State shall, by
law, facilitate the establishment of adequate consultation mechanisms.
(8) The powers expressly vested in any branch of the Government shall not be exercised by, nor
delegated to, any other branch of the Government, except to the extent authorized by the
Constitution.

Manifestations of a democratic and republican state

1. The existence of a bill of rights

2. The observance of the rule of majority
3. The observance of the principle that ours is a government of laws, and not of
men
4. The presence of elections through popular will
 5. The observance of the principles of separation of powers and the system of
checks and balances
6. The observance of the principle that the legislature cannot pass irrepealable
laws
7. The observance of the law on public officers

 Section 1.Sovereignty of the People - Sovereignty  is the supreme power to govern.  It lies
in the hands of the Filipino people who have the right to choose the type of government they
want and to define the powers it shall hold and exercise.  It is their right to abolish their
government and form a new one and organize it in such form as seems to them best for their
welfare and happiness.
 5. Section 1.• Sovereignty is exercised indirectly  Through public officials elected by the
people.  Officials appointed by the elected officials.• Sovereignty is exercised directly 
Suffrage.People’s Participation1. Multi-Party System2. Party-list system3. People’s
Organization4. System of Initiative and Referendum5. Plebiscite

 3 Branches of Government
 Principles of Separation of Powers
 3 Great Powers of the Government
 Checks and Balance/Co-Equal Branches
 Nature of Constitutional Bodies (e.g. Ombudsman)

Separation of Powers

3 Great Powers

One basic corollary in a presidential system of government is the principle of

separation of powers wherein legislation belongs to Congress, execution to the
Executive, and settlement of legal controversies to the Judiciary.

 The Executive branch is composed of the President and the Vice President
who are elected by direct popular vote and serve a term of six years. The
Constitution grants the President authority to appoint his Cabinet. These
departments form a large portion of the country’s bureaucracy.

 The Legislative branch is authorized to make laws, alter, and repeal them
through the power vested in the Philippine Congress. This institution is
divided into the Senate and the House of Representatives.
  The Judicial branch holds the power to settle controversies involving rights
that are legally demandable and enforceable. This branch determines
whether or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part and instrumentality of the government. It
is made up of a Supreme Court and lower courts.
The Constitution expressly grants the Supreme Court the power of Judicial
Review as the power to declare a treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction,
ordinance or regulation unconstitutional.

The power by which the sovereign, through its law-making body, raises revenue to defray the necessary
expenses of the government.

It is merely a way of apportioning the cost of the government among those who in some measure are
privileged to enjoy its benefits and must bear its burdens.

It is a symbiotic relationship whereby in exchange for the protection that the citizens get from the
government, taxes are paid.

Taxes are what we pay for civilized society.Without taxes, the government will be paralyzed for lack of
motive power to activate and operate it.

Hence, despite the natural reluctance to surrender part of one's hard-earned income to the taxing
authorities, every person who is able must contribute his share in the running of the government.

The government for its part is expected to respond in the form of tangible and intangible benefits
intended to improve the lives of the people and enhance their moral and material values.

Checks and balances

Nature of Constitutional Bodies

COA

COMELEC

CSC

Ombudsman

1987 Constitution

Judge Gil Dela Banda Review Notes

https://www.slideshare.net/ellenkhaybonon/philippine-constitution-13869863

https://en.wikipedia.org/wiki/State_of_democracy

https://www.gov.ph/philippine-government

http://www.officialgazette.gov.ph/about/gov/exec/

http://www.officialgazette.gov.ph/about/gov/the-legislative-branch/

http://pia.gov.ph/branches-of-govt

http://www.officialgazette.gov.ph/about/gov/constitutional-commissions/

https://www.ombudsman.gov.ph/index.php?home=1&navId=MQ==&subNavId=O
DY=

https://lawphilreviewer.wordpress.com/2011/05/10/constitutional-law-chapter-i-
fundamental-powers-of-the-state-police-power/

https://www.batasnatin.com/law-library/political-and-public-international-
law/constitutional-law/100-nature-of-the-power-of-eminent-domain.html

https://www.slideshare.net/ZharleneSoliguen/taxation-in-the-philippines