Chapter 1 Constitution: o Written instrument o Direct action of the people o Fundamental powers of government = established, defined and limited

o Distributed among several departments Philippine Constitution o 3 branches of government = executive, legislative, and judicial o Phil consti: Malolos Constitution, 1935 Constitution, 1973 Constitution, 1987 Constitution o Supreme Law of the Land o Doctrine of Heirarhcy of Laws: Constitution, Statutes, Implementing Rule and Regulations o Unconstitutionality of Statutes: judicial determination by judicial review Effects: Orthodox & Modern o Doctrine of Separation of Powers: respect = presumption of constitutionality, to doubt is to sustain The Philippine State o Elements of a state: people, government, territory and sovereign o Philippines: Democratic and Republican Essence of democracy: individual sovereignty Essence of republicanism: representation and renovation The Philippine National Territory o Application of Political Laws o Application of Criminal Laws o Application of Civil Laws o Lex Rei Sitae: the law where the property is situated Except: intestate and testamentary successions o Lex Loci Celebrationis: the law of the place where the solemnity is celebrated The Philippine Government o 3 branches of government: executive, legislative and judicial o Phil. Govt = part of Phil. State o Fundamental Powers of the Government Police Power : regulate liberty and property = promotion of general welfare Power of Eminent Domain: acquire property = just compensation Power of Taxation: demand proportionate share/contribution = maintenance of Govt o Doctrine of Separation of Powers prevents concentration of Authority = irreversible error/abuse in exercise system of checks and balances = resist encroachments on its prerogatives and rectify mistakes and excesses

The Legislative Branch/Philippine Congress Lawmaking body to repeal, amend and alter the laws Bill becomes a law Other powers: appropriation, taxation, expropriation, canvass presidential elections, give concurrence to treaties and amnesties declare existence of war, to propose constitutional amendments, to impeach o The Executive Branch/The Power of the Sword President = Chief Executive Powers: appointing, removing, control, borrowing, diplomatic, military, budgetary, informing, pardoning o The Judicial Branch/The Bastion of Rights and Liberties Supreme Court and other lower courts Source of Case Law (jurisprudence) Power: Judicial Power = settle controversies and determine abuse discretion due to lack or excess of jurisdiction The National Symbols o The National Coat of Arms Designer: Captain Galo B. Ocampo Approved on July 3, 1946 (Commonwealth Act No. 731) Revised in February 12, 1998 (Republic Act 8491) o The Philippine Flag Symbolizes: unity and national identity Expresses: freedom, justice, nobility and equality Only flag which signifies peace or war Red on top: war; Blue on top: peace Figures Symbolization Red stripe: courage and shed blood in defense Blue stripe: peace and unity Equilateral triangle: equality 8 rays of the sun: 8 provinces that 1st revolted against Spain 3 stars: Luzon, Visayas and Mindanao o Seal of the Office of the President, Seal of the Phil. Senate, Seal of the House of Representatives and Seal of the Supreme Court History of the Philippines o Pre-Spanish Period o Spanish Period o American Period o Post-Independence Period o President and 2 components of Congress elected by populous o Congress/Legislature = bicameral Senate = 24 Senators; House of Representatives = 250 Members

Executive Branch of the Phil. Govt o President Commander-in-Chief of the Armed Forces of the Philippines Head of State Head of Government o Departments of the Executive Branch Office of the President Office of the Vice President Department of Land Reform Department of Agriculture Department of Agrarian Reform Department of Budget and Management Department of Education Department of Energy Department of Environment and Natural Resources Department of Finance Department of Foreign Affairs Department of the Interior and Local Government Department of Health Department of Justice Department of Labor and Employment Department of National Defense National Economic and Development Authority Office of the Press Secretary Department of Public Works and Highways Department of Science and Technology Department of Social Welfare and Development Department of Tourism Department of Trade and Industry Department of Transportation and Communications