vested in him in this Constitution.

He shall
also appoint all other officers of the
Roles and Power of the Government whose appointments are not
Lesson otherwise provided for by law, and those
Executive Branch of
9 whom he may be authorized by law to
the Government appoint. The Congress may, by law, vest
the appointment of other officers lower in
ARTICLE VII
rank in the President alone, in the courts, or
EXECUTIVE DEPARTMENT
in the heads of departments, agencies,
commissions, or boards.
Section 1. The executive power shall be
The President shall have the power to
vested in the President of the Philippines.
make appointments during the recess of the
Congress, whether voluntary or
Executive power has been defined as the
compulsory, but such appointments shall
power to administer the laws, which
be effective only until disapproved by the
means carrying them into practical
Commission on Appointments or until the
operation and enforcing their due
next adjournment of the Congress.
observance.
Appointment is the act of designation
Section 2. No person may be elected
by the executive officer, board, or body to
president unless he is a natural-born
whom the power has been delegated, of the
citizen of the Philippines, a registered voter,
individual who is to exercise the functions
able to read and write, at least forty years
of a given office.
of age on the day of the election, and a
resident of the Philippines for at least ten
Kinds of presidential appointments
years immediately preceding such election.
Appointments which are required to be
submitted to the Commission on
Section 3. There shall be a Vice-President
Appointments are either:
who shall have the same qualifications and
term of office and be elected with and in the
1. Regular appointments or those made
same manner as the President. He may be
during the sessions of Congress (Sec.
removed from office in the same manner as
16, par.1.)
the President.
It requires the confirmation of the
The Vice-President may be appointed
Commission on Appointments before
as Member of the Cabinet. Such
the appointee can assume office. The
appointment requires no confirmation.
President nominates, the Commission
on Appointments confirms, and the
POWERS OF THE PRESIDENT
President issues the commission
1. The Executive Power
Section 1. The executive power shall be
2. ad interim appointments or those
vested in the President of the Philippines.
made during a recess of Congress.
Executive power has been defined as
(Ibid., par.2.)
the power to administer the laws, which
it take effect immediately. It is valid if
means carrying them into practical
it is confirmed by the CA or until the
operation and enforcing their due
next adjournment of the Congress.
observance.
Kinds of appointment in the career
2. The Power of Appointment
services.
Section 16. The President shall
They are:
nominate and, with the consent of the
(1) Permanent. – one which is issued to a
Commission on Appointments, appoint the
person who meets all the requirements
heads of the executive departments,
for the position to which he is
ambassadors, other public ministers and
appointed; it lasts until it is lawfully
consuls, or officers of the armed forces from
terminated. The holder of such
the rank of colonel or naval captain, and
appointment cannot be removed except
other officers whose appointments are
only for cause; and
(2) Temporary or acting. – one which is
issued to a person who meets all the
requirements for the position to which
he is being appointed except the
appropriate civil service eligibility; it
shall not exceed 12 months, but the
appointee may be replaced sooner if a
qualified civil service eligible becomes
available. The holder such
appointment may be removed any time
even without a hearing or cause.
Steps in appointing process.
They are:
(1) Appointment. – it is the act of the
appointing power. It may include the
issuance by the President of the
commission, which is the written
evidence of the appointment; and
(2) Acceptance. – it is the act of the
appointee. He may or may not accept
the appointment. But acceptance
thereof is necessary to enable him to
have full possession, enjoyment, and
responsibility of an office. It is not,
however, necessary to the legality of
the appointment.
Kinds of acceptance.
Acceptance may be:
(1) Express. – when done verbally or in
writing; and
(2) Implied. – when, without formal
acceptance, the appointee enters upon
the exercise of the duties and
functions of an office.
The best formal evidence of the
acceptance is undoubtedly the
qualification of the officer appointed by
taking the oath of office. In some
instances, the law requires that a bond be
posted.
3. The Power of Removal
Removal is the ouster of an incumbent
before the expiration of his term.
the constitution contains no provision
expressly vesting in the President the
power to remove executive officials from
their posts. Nevertheless, the power is
passed by him, as it is implied from any of
the following, to wit:
(1) From the power to appoint which
carries with it the power to remove;
(2) From the nature of the “executive
power” exercised by the President,
the power to remove being executive
in nature(Sec.1);
(3) From the president’s duty to execute
the laws (Secs.5,17);
(4) From the president’s control of all
departments, bureaus and offices
(Sec.17); and
(5) From the provision that “no officer or
employee in the Civil Service shall be
removed or suspended except for
cause provided by law.” (ART. IX, B-
Sec.2 [3].)
Where the power to appoint is vested by
the law in the courts, the heads of
department, etc., Congress may also
provide that those appointed may be
removed by them to such restrictions as it
deems best to impose for public interest.
Extent of the President’s power to
remove.
(1) With respect to officers exercising
purely executive functions whose
tenure is not fix by law, the President
may remove them with or without
cause and congress may not restrict
such power.
(2) With respects to officers exercising
quasi-legislative or quasi-judicial
functions, they may be removed only on
grounds provided by law to protects
their independence in the discharge of
their duties;
(3) With respect to constitutional officers
removable only by means of
impeachment, and judges of lower
courts, they may not subject to the
removal power of the President; and
(4) With respect to civil service officers, the
president may remove the, only for
cause as provided by law.
4. The Power of Control
Section 17. The President shall have
control of all the executive departments,
bureaus, and offices. He shall ensure that
the laws be faithfully executed.
Power of control over all executive
departments, bureaus and offices.
The above provision emphasizes the role of
the President as the administrator.
As administrative head, the duty of the
president is to see to it that every
department, bureau and office under the
executive branch is managed and
maintained properly by the person in
charge of it in accordance with pertinent
laws and regulations. There are two factors
that contribute to the effective hold and
control of the president over all executive
department, bureaus, and offices to wit:
(1) The power of appointment (Sec.16),
with which he may choose men of
competence and confidence; and
(2) The power of removal (which is
implied in the power to appoint),
with which he may weed out
incapable and dishonest officials.
Nature and extent of the power of
control
(1) Over cabinet members
(2) Over subordinate officers
(3) Over officers and employees in the
career service
Power to ensure that the laws be
faithfully executed
As the Executive in whom the
executive power is vested (Sec.1), the
primary function of the President is to
enforce the laws. Before assuming office,
he is required to take an oath or
affirmation to the effect that as President
of the Philippines, he will, among others
“execute its laws.” (Sec.5.) now, he “shall
insure, that the laws be faithfully
executed.” Sec17.)
The function of the president to see
that the laws are faithfully executed is
more of a duty than power, to be
discharged by him personally and through
subordinates under his control or
supervision. (see Art. Secs. 4, 16.) To say
that the President can forbid the execution
of the laws is tantamount to investing him
with the power to make a mockery of the
duty to enforce the laws of the land
regardless of his opinion about their
wisdom, advisability or validity. A law is
presumed valid and constitutional unit
judicially declared otherwise.
5. The Military Power
Section 18. The President shall be the
Commander-in-Chief of all armed forces of
the Philippines and whenever it becomes
necessary, he may call out such armed
forces to prevent or suppress lawless
violence, invasion or rebellion. In case of
invasion or rebellion, when the public
safety requires it, he may, for a period not
exceeding sixty days, suspend the privilege
of the writ of habeas corpus or place the
Philippines or any part thereof under
martial law. Within forty-eight hours from
the proclamation of martial law or the
suspension of the privilege of the writ
of habeas corpus, the President shall
submit a report in person or in writing to
the Congress. The Congress, voting jointly,
by a vote of at least a majority of all its
Members in regular or special session, may
revoke such proclamation or suspension,
which revocation shall not be set aside by
the President. Upon the initiative of the
President, the Congress may, in the same
manner, extend such proclamation or
suspension for a period to be determined
by the Congress, if the invasion or rebellion
shall persist and public safety requires it.
The Congress, if not in session, shall,
within twenty-four hours following such
proclamation or suspension, convene in
accordance with its rules without need of a
call.
The Supreme Court may review, in
an appropriate proceeding filed by any
citizen, the sufficiency of the factual basis
of the proclamation of martial law or the
suspension of the privilege of the writ
of habeas corpus or the extension thereof,
and must promulgate its decision thereon
within thirty days from its filing.
A state of martial law does not
suspend the operation of the Constitution,
nor supplant the functioning of the civil
courts or legislative assemblies, nor
authorize the conferment of jurisdiction on
military courts and agencies over civilians
where civil courts are able to function, nor
automatically suspend the privilege of the
writ of habeas corpus.
The suspension of the privilege of the
writ of habeas corpus shall apply only to
persons judicially charged for rebellion or
offenses inherent in, or directly connected
with, invasion.
During the suspension of the privilege of the
writ of habeas corpus, any person thus
arrested or detained shall be judicially
charged within three days, otherwise he
shall be released

a. The Commander-in-Chief of the
Armed forces
The president is not only a civil
official. As commander-in-chief of
the armed Forces, he is also in a
sense a military officer. He is not,
however, a member of the armed
forces, and consequently, he is not
subject to court martial or military
discipline.
As commander-in-chief, the
president has control of the military
organization and personnel whether
in peace time or in war time. He is
given the broad powers to call out
the armed forces to prevent or
suppress lawless violence, invasion,
or rebellion. He is also empowered to
create military tribunals to try
persons who violate military laws or
commit crimes against national
security. However, even in a state of
martial law, military courts and
agencies have no jurisdiction over
civilians where civil courts are able
to function. (Sec.18, par.4.)
In event of war, the president,
normally, would delegate the actual
command of the armed forces to his
military experts. But the ultimate
belongs to him.
Authority of Congress over the armed
forces.
Congress shares with the President
his authority over the armed forces.
It supplies the money and makes the
laws for their governance. To it
belongs the sole power to declare the
existence of a state of a war. (Art VI,
Sec 23[1].)
b. Suspension of the privilege of writ
of habeas corpus.
Two conditions are necessary in
order that the President may
suspend the privilege of the writ:
(1) There must be invasion or
rebellion; and
(2) The public safety must requires
the suspension.
Note:
a. Grounds: invasion and rebellion,
when public safety requires it
b. Duration: Not to exceed sixty
days, following which it shall be
lifted, unless extended by the
Congress.
c. Duty of the President to report
action to Congress: within 48
hours, personally or in writing.
d. Congress may revoke [or extend
on request of the President] the
effectivity of proclamation by a
majority vote of all its members,
voting jointly.
c. Martial Law
Meaning of Martial Law
(1) In its comprehensive sense, it
includes all laws that have
reference to and are administered
by the military forces of the State.
They include:
(a) The military law proper, that
is, the laws enacted by the
law-making body for the
government of the armed
forces; and
(b) The rules governing the
conduct of military forces in
times of war and in places
under military occupation.
(2) In its strict sense, it is that law
which has application when the
military arm does not supersede
civil authority but is called upon
to aid it in the execution of its
vital functions. The Constitution
refers to this meaning of martial
law.
Basis, object, and duration of martial
law
(1) Basis. – the right to declare, apply,
and exercise martial law is one of
the rights of sovereignty. It is as
essential to the existence of a nation
as the right to declare and carry on
war. The power is founded on
necessity and is inherent in every
government.
(2) Object. – the object of martial law is
the preservation of the public safety
and good order. Unless the right and
power exist, pease, good order,
security – government itself – may be
 destroyed and obliterated… when
the domination of lawless elements
becomes so powerful that it cannot
be stopped by the civil authorities.
(3) Duration. – being founded on
necessity, the exercise of the power
may not extend beyond what is
required by the exigency which it
call forth. Section 18 (par.1.) sets a
time limit for the duration of the stae
of martial law and the suspension of
the privilege of the writ of habeas
corpus
6. The Pardoning Power
Section 19. Except in cases of
impeachment, or as otherwise provided
in the Constitution, the President may
grant reprieves, commutations, and
pardons, and remit fines and forfeitures,
after conviction by final judgment.
He shall also have the power to grant
amnesty with the concurrence of a
majority of all the members of the
Congress”.
The power to grant pardon and other
acts of clemency to violators of the law is
traditionally vested in the Chief Executive
of the Nation. The Constitution gives this
power to the President in the above
provision. This power cannot be takes
away from him nor can the exercise
thereof be subject to limitations or
conditions beyond those provided by the
Constitution. Neither may the courts
inquire into the wisdom or reasonable ness
of any pardon granted by the President.
His discretion is absolute.
Meaning of reprieve and suspension of a
sentence
Reprieve is the postponement of the
execution of a death sentence to a certain
date. It is different from suspension of
sentence which is the postponement of a
sentence for an indefinite time.
Meaning of commutation
Commutation is the reduction of the
sentence imposed to lesser punishment, as
from death to life imprisonment. It may be
granted without the acceptance and even
against the will of the convict.
Meaning of pardon
Pardon has been defined as an act
of grace proceeding from the power
entrusted with the execution of the laws
(President) which exempt the individual on
whom it is bestowed, from the punishment
the law inflicts for a crime he has
committed.
Parole, on the other hand, is the
release from imprisonment, but without
full restriction of liberty, as parolee is still
in the custody of the law although not in
confinement.
Kinds of pardon
(1) Absolute. – when it is not subject
to any condition whatsoever. It
becomes effective when made;
and
(2) Conditional. – when it is given
subject to any condition or
qualified the President may see
fit. It must be accepted by the
offender to become effective.
Meaning of amnesty
Amnesty is an act of the sovereign power
granting oblivion or a general pardon for
past offense usually granted in favour of
certain classes of persons who have
committed crimes of political character,
such as treason, sedition, or rebellion.
7. The Borrowing Power
Section 20. The President may contract
or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior
concurrence of the Monetary Board, and
subject to such limitations as may be
provided by law. The Monetary Board
shall, within thirty days from the end of
every quarter of the calendar year, submit
to the Congress a complete report of its
decision on applications for loans to be
contracted or guaranteed by the
Government or government-owned and
controlled corporations which would have
the effect of increasing the foreign debt,
and containing other matters as may be
provided by law.
8. The Diplomatic Power
Section 21. No treaty or international
agreement shall be valid and effective
unless concurred in by at least two-thirds
of all the members of the Senate.
Meaning of treaty
 A treaty may be defined as a compact
made between two or more states,
including international organizations of
states, intended to create binding rights
and obligations upon the parties thereto.
Thus, a treaty may be bilateral or
multilateral. It is known as pact,
convention, or charter
9. The Budgetary Power
Section 22. The President shall submit
to the Congress, within thirty days from the
opening of every regular session as the
basis of the general appropriations bill, a
budget of expenditures and sources of
financing, including receipts from existing
and proposed revenue measures.
10. The Informing Power
Section 23. The President shall
address the Congress at the opening of its
regular session. He may also appear before
it at any other time.
11. Other powers
a. Call congress to special session
[Sec.15. Art.VI: “x x x The President
may call a special session at any
time”]
b. Power to approve or veto bills
[Sec.27, Art.VI]
c. To consent to deputation of
government personnel by the
Commission on Elections [Sec.
2(4), Art. IX-C].
d. To discipline such deputies [Sec.
2(8), Art. IX-C].
e. By delegation from congress,
emergency powers [Sec. 23(2), Art.
VI], and tariff powers [Art. X].
Roles and
Responsibilities of the
Lesson
Philippine Senate and
10
the House of
Representatives
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be
vested in the Congress of the Philippines
which shall consist of a Senate and a
House of Representatives, except to the
extent reserved to the people by the
provision on initiative and referendum.
CONGRESS
Composition: A senate and a House of
Representatives
THE SENATE
Composition:
Section 2. The Senate shall be composed
of twenty-four Senators who shall be
elected at large by the qualified voters of
the Philippines, as may be provided by law.
Qualifications:
Section 3. No person shall be a Senator
unless he is a natural-born citizen of the
Philippines, and, on the day of the election,
is at least thirty-five years of age, able to
read and write, a registered voter, and a
resident of the Philippines for not less than
two years immediately preceding the day of
the election.
Term of office:
Section 4. The term of office of the
Senators shall be six years and shall
commence, unless otherwise provided by
law, at noon on the thirtieth day of June
next following their election.
Limitation:
No Senator shall serve for more than two
consecutive terms. Voluntary renunciation
of the office for any length of time shall not
be considered as an interruption in the
continuity of his service for the full term for
which he was elected.
HOUSE OF REPRESENTATIVES
Section 5. (1) The House of
Representatives shall be composed of not
more than two hundred and fifty members,
unless otherwise fixed by law, who shall be
elected from legislative districts
apportioned among the provinces, cities,
and the Metropolitan Manila area in
accordance with the number of their
respective inhabitants, and on the basis of
a uniform and progressive ratio, and those
who, as provided by law, shall be elected
through a party-list system of registered
national, regional, and sectoral parties or
organizations.
(2) The party-list representatives
shall constitute twenty per centum of the
total number of representatives including
those under the party list. For three
consecutive terms after the ratification of
this Constitution, one-half of the seats
allocated to party-list representatives shall
be filled, as provided by law, by selection
or election from the labor, peasant, urban
poor, indigenous cultural communities,
women, youth, and such other sectors as
may be provided by law, except the
religious sector.
(3) Each legislative district shall
comprise, as far as practicable, contiguous,
compact and adjacent territory. Each city
with a population of at least two hundred
fifty thousand, or each province, shall have
at least one representative.
(4) Within three years following the
return of every census, the Congress shall
make a reapportionment of legislative
districts based on the standards provided
in this section.
Composition:
Not more than 250 members unless
otherwise provided by law, consisting of:
(a) District representatives, elected from
legislative districts apportioned
among the provinces, cities and the
Metropolitan Manila area.
(b) Party-list representatives, who shall
constitute twenty per centum of the
total number of representatives,
elected through a party list system
or registered national, regional, and
sectoral parties or organizations.\
(c) Sectoral representatives. For three
consecutive terms after the
ratification of the Constitution, one-
half of the seats allocated to party-
list representatives shall be filled, as
provided by law, by selection or
election from the labor, peasant,
urban poor, indigenous cultural
communities, women, youth, and
such other sectors as may be
provided by law, except the religious
sector.
Qualifications:
Section 6. No person shall be a Member of
the House of Representatives unless he is a
natural-born citizen of the Philippines and,
on the day of the election, is at least
twenty-five years of age, able to read and
write, and, except the party-list
representatives, a registered voter in the
district in which he shall be elected, and a
resident thereof for a period of not less than
one year immediately preceding the day of
the election.
Section 7. The Members of the House of
Representatives shall be elected for a term
of three years which shall begin, unless
otherwise provided by law, at noon on the
thirtieth day of June next following their
election.
No member of the House of
Representatives shall serve for more than
three consecutive terms. Voluntary
renunciation of the office for any length of
time shall not be considered as an
interruption in the continuity of his service
for the full term for which he was elected.
Privileges
1. Freedom from arrest
Section 11. A Senator or Member of the
House of Representatives shall, in all
offenses punishable by not more than six
years imprisonment, be privileged from
arrest while the Congress is in session. No
Member shall be questioned nor be held
liable in any other place for any speech or
debate in the Congress or in any committee
thereof.
2. Privilege of speech and of debate
No Member shall be questioned nor be
held liable in any other place for any
speech or debate in the Congress or in any
committee thereof.
Disqualification
1. Incompatible office
Section 13. No Senator or Member of
the House of Representatives may hold any
other office or employment in the
Government, or any subdivision, agency, or
instrumentality thereof, including
government-owned or controlled
corporations or their subsidiaries, during
his term without forfeiting his seat.
A senator or Representatives who
accepts any other office or employment in
the government during his term forfeits his
seat. This includes any kind of office or
employment in the government, or any
subdivision, agency, or instrumentality
thereof, including government-owned or
controlled corporations or their
subsidiaries during his term
2. Forbidden office
Neither shall he be appointed to any
office which may have been created nor the
emoluments thereof increased during the
term for which he was elected.
This refers to any office created or
emoluments of which have been increased
during the term for which he was selected,
not merely during his tenure or period of
actual incumbency.
Other inhibitions
Section 14. No Senator or Member of
the House of Representatives may
personally appear as counsel before any
court of justice or before the Electoral
Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he,
directly or indirectly, be interested
financially in any contract with, or in any
franchise or special privilege granted by the
Government, or any subdivision, agency, or
instrumentality thereof, including any
government-owned or controlled
corporation, or its subsidiary, during his
term of office. He shall not intervene in any
matter before any office of the Government
for his pecuniary benefit or where he may
be called upon to act on account of his
office.
Note:
 What is prohibited is “personally”
appearing as counsel
 Upon assumption of office, one must
make a full disclosure of financial and
business interest. Shall notify House
concerned of a potential conflict of
interest that may arise from the filing or
proposed legislation of which they are
authors (Sec. 12)
Section 15. The Congress shall convene
once every year on the fourth Monday of
July for its regular session, unless a
different date is fixed by law, and shall
continue to be in session 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. The President may call
a special session at any time.
Section 16. (1) The Senate shall elect its
President and the House of Representatives
its Speaker, by a majority vote of all its
respective Members.
Each House shall choose such other officers
as it may deem necessary.
(2) A majority of each House shall
constitute a quorum to do business, but a
smaller number may adjourn from day to
day and may compel the attendance of
absent Members in such manner, and
under such penalties, as such House may
provide.
(3) Each House may determine the
rules of its proceedings, punish its Members
for disorderly behavior, and, with the
concurrence of two-thirds of all its
Members, suspend or expel a Member. A
penalty of suspension, when imposed, shall
not exceed sixty days.
(4) Each House shall keep a Journal
of its proceedings, and from time to time
publish the same, excepting such parts as
may, in its judgment, affect national
security; and the yeas and nays on any
question shall, at the request of one-fifth of
the Members present, be entered in the
Journal.
Each House shall also keep a Record
of its proceedings.
The constitution does not define the
powers and functions of the Senate
president and the Speaker of the House of
Representatives. They are, however,
implied from their position as
administrative heads and presiding officers
of their respective chambers. As such, they
preside over their sessions, preserve order
and decorum, decide all questions of
order, signs acts, resolutions, orders and
warrants, issue subpoenas, and appoint
personnel, and discipline them.
Meaning of quorum
A quorum is such a number of the
membership of an assembly or collective
body as is competent to transact its
business. In other words, it is that number
that makes a lawful body and gives it
power to pass a law or ordinance or do any
other valid corporate act.
Ordinarily, a quorum is at least one-half
plus one of the members of a body.
SECTION 26. (1) Every bill passed by the
Congress shall embrace only one subject
which shall be expressed in the title
thereof.
(2) No bill passed by either House
shall become a law unless it has passed
three readings on separate days, and
printed copies thereof in its final form have
been distributed to its Members three days
before its passage, except when the
President certifies to the necessity of its
immediate enactment to meet a public
calamity or emergency. Upon the last
reading of a bill, no amendment thereto
shall be allowed, and the vote thereon shall
be taken immediately thereafter, and the
yeas and nays entered in the Journal.
Steps in the passage of a bill
1. First Reading. – any member of
either House may present a thereafter, and yeas and nays
proposed bill (see Sec. 24.), signed
by him, for First Reading and
refence to the proper committee.
During the first reading, the
principal author of the bill may
propose the inclusion of addition
authors thereof. The bill is read by
its number and title and the
name/names of the author or
authors;
2. Referral to Appropriate Committee. –
immediately after the first reading,
the bill is referred to the proper
committee or committees for study
and consideration. If disapproved in
the committee, the bill dies a natural
death unless the House decides
otherwise following the submission
of the report;
3. Second Reading. – if the committee
report the bill favorably, the bill is
forwarded to the Committee on
Rules so that it can be calendared
for deliberation on Second Reading.
At this stage, the bill is read for the
second time in its entirety together
with the amendments, if any,
proposed by the committee unless
the reading is dispensed with by a
majority vote of the House;
4. Debates. – a general debate is then
opened after the Second Reading
and amendments may be proposed
by any member of Congress. The
insertion of changes or amendments
shall be done in accordance with the
rules of either House. The House
may either “kill” or pass the bill;
5. Printing and Distribution. – after
approval of the bill on Second
Reading, the bill is then ordered
printed in its final form and copies of
it are distributed among the
members of the House three days
before its passage except in case of
bills certified by the President.
(Sec.26[2].) a bill approved on
Second Reading shall be included in
the calendar of bills for Third
Reading;
6. Third Reading. – at this stage, only
the title of the bill is read. Upon the
last reading of a bill, no amendment
thereto is allowed and the vote
thereon is taken immediately
entered in the journal. A member
may abstain. As a rule, a majority of
the members constituting a quorum
is sufficient to pass a bill;
7. Referral to the other House. – if
approved, the bill is then refereed to
the other House where substantially
the same procedure takes place;
8. Submission to joint bicameral
committee. – differences, if any.
Between the House’s bill and the
Senate’s amended version, and vice
versa are submitted to a conference
committee of members of both
Houses for compromise. If either
House accepts the changes made by
the other, no compromised is
necessary; and
9. Submission to the President. – a bill
approved on the Third Reading by
both Houses shall be printed and
forthwith transmitted to the
President for his action – approval or
disapproval. If the president does
not communicate his veto of any bill
to the House where it originated
within 30days from receipt thereof, it
shall become a law as if he signed it.
Bills repassed by Congress over the
veto of the President automatically
becomes a law (Sec.27[1].
Purpose of provision requiring three
readings of bill
 Note that the three readings of a bill
must take place on separate days – not in
one day. (Sec. 26[2].) the purpose is to
prevent hasty and improvident legislation
and railroading of bills, and to compel the
careful examination of proposed laws or, at
least, the affording of the opportunity for
the purpose.
In the past, railroading of bills made
possible the adoption of voluminous
measures without the benefit of discussion
and public information because,
oftentimes, the there’re readings were done
in one single day.
Certification of bills by the President.
The Constitution provides that “no
bill passed by either House shall become a
law unless it has passed three readings on
separate days, and printed copies thereof
in its final form have been distributed to
the members three days before its
passage.”
The exception to the above
requirements is “when the President
certifies to the necessity of its immediate
enactment to meet a public calamity or
emergency.” (Sec.26 [2].) with this
provision, a certification may be issued to
a bill only to meet a public calamity or
emergency. It aims to put a stop to the
practice of members of the old Congress
under the 1935 Constitution to get from
the President certification of their bills for
political convenience. This practice made
possible the enactment of laws without
sufficient debate and the giving of top
priority to insignificant bills over more
important ones by the simple fact of
Presidential certification.
Purpose of requirement that yeas and
nays be entered in the journal
It is also provided in the
Constitution that on the final passage of
every bill, the “yeas and nays [shall be]
entered in the journal.” This mean that the
roll of Congress shall be called and each
member present and answering to his
name shall say “yea” or “nay” on the
question of the passage of the bill.
This provision is considered
mandatory. It is intended to fix upon each
member the responsibility for his action in
legislation, and also to furnish conclusive
evidence whether the bill has been passed
by the requisite majority or not.
Section 27. (1) Every bill passed by the
Congress shall, before it becomes a law, be
presented to the President. If he approves
the same, he shall sign it; otherwise, he
shall veto it and return the same with his
objections to the House where it originated,
which shall enter the objections at large in
its Journal and proceed to reconsider it. If,
after such reconsideration, two-thirds of all
the Members of such House shall agree to
pass the bill, it shall be sent, together with
the objections, to the other House by which
it shall likewise be reconsidered, and if
approved by two-thirds of all the Members
of that House, it shall become a law. In all
such cases, the votes of each House shall
be determined by yeas or nays, and the
names of the Members voting for or against
shall be entered in its Journal. The
President shall communicate his veto of any
bill to the House where it originated within
thirty days after the date of receipt thereof;
otherwise, it shall become a law as if he
had signed it.
(2) The President shall have the
power to veto any particular item or items
in an appropriation, revenue, or tariff bill,
but the veto shall not affect the item or
items to which he does not object.
Meaning of bill
A bill is draft of a law submitted to the
consideration of a legislative body for its
adoption.
Meaning of statute
A statute is the written will of a
legislature as an organized body expressed
according to the form necessary to
constitute into a law of the state, and
rendered authentic by certain prescribed
forms and solemnities.
The term “act” is often used in
referring to a statute.
When bill may become a law
A bill passed by congress may become a
law in any of the following ways:
1. When the President approves the bill by
signing it;
2. When he vetoes the bill and returns the
same with his objections to the House
 where it originated, and the same is
repassed over his veto by a vote of two-
thirds of all the members (not merely
two-thirds of all the members present
constituting a quorum) of both Houses;
and
3. If the President does not communicate
his veto of any bill to the house where it
originated within thirty (30) days after
the date of receipt thereof, in which
case it shall become a law as if he had
signed it.
Only a simple majority of Congress is
required in enacting ordinary laws.
The signature of the President is not
necessary to enact a law when the people
by virtue of their reserved powers directly
participate in the legislative process by
initiative and referendum.
Veto power of the President
The word veto is the Latin term for “I
forbid” or “deny”. It is the power vested in
the President to disapprove acts passed by
Congress. The veto message to the House
where the bill originated explains his
objections to the bill. (Sec.27[1].)
Purpose of veto
Two fundamental reasons have been given
to grant of the veto power to the President
to wit:
1. To enable the executive department
to protect its integrity and thus
maintain an equilibrium of
governmental powers; and
2. To provide a check on hasty,
corrupt, or ill-considered legislation
Meaning of resolution
Enactments of the lawmaking body may
also be made in the form of resolutions. A
resolution has been defined as a formal
expression of opinion, will, or intent by an
official body or assembled group.
Section 32. The Congress shall, as early
as possible, provide for a system of
initiative and referendum, and the
exceptions therefrom, whereby the people
can directly propose and enact laws or
approve or reject any act or law or part
thereof passed by the Congress or local
legislative body after the registration of a
petition therefor signed by at least ten per
centum of the total number of registered
voters, of which every legislative district
must be represented by at least three per
centum of the registered voters thereof.
Meaning of initiative and referendum.
1. Initiative. – it is the reserved power of
the people to directly propose and enact
laws at polls called for the purpose
independently of congress or of a local
legislative body.
2. Referendum. – it is the process by which
any act or law or part thereof passed by
Congress or by a local legislative body is
submitted to the people for their
approval or disapproval.
Powers of the Congress
1. Legislative power. The power to propose,
enact, amend and repeal laws. (Sec.1)
2. Power of appropriation Section 29. (1)
No money shall be paid out of the Treasury
except in pursuance of an appropriation
made by law. (2) No public money or
property shall be appropriated, applied,
paid, or employed, directly or indirectly, for
the use, benefit, or support of any sect,
church, denomination, sectarian institution,
or system of religion, or of any priest,
preacher, minister, or other religious teacher,
or dignitary as such, except when such
priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal
institution, or government orphanage or
leprosarium. (3) All money collected on any
tax levied for a special purpose shall be
treated as a special fund and paid out for
such purpose only. If the purpose for which a
special fund was created has been fulfilled
or abandoned, the balance, if any, shall be
transferred to the general funds of the
Government.
3. Power of taxation
Section 28. (1) The rule of taxation shall be
uniform and equitable. The Congress shall
evolve a progressive system of taxation. (2)
The Congress may, by law, authorize the
President to fix within specified limits, and
subject to such limitations and restrictions as
it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and
other duties or imposts within the framework
of the national development program of the
Government. (3) Charitable institutions,
churches and parsonages or convents
appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings, and
improvements, actually, directly, and
exclusively used for religious, charitable, or
educational purposes shall be exempt from
taxation.
4. Power of legislative investigation
(Sec. 21) Section 21. The Senate or the
House of Representatives or any of its
respective committees may conduct inquiries
in aid of legislation in accordance with its
duly published rules of procedure. The rights
of persons appearing in or affected by such
inquiries shall be respected.
5. Question Hour Section 22. The heads
of departments may upon their own
initiative, with the consent of the President,
or upon the request of either House, as the
rules of each House shall provide, appear
before and be heard by such House on any
matter pertaining to their departments.
Written questions shall be submitted to the
President of the Senate or the Speaker of the
House of Representatives at least three days
before their scheduled appearance.
Interpellations shall not be limited to written
questions, but may cover matters related
thereto. When the security of the State or the
public interest so requires and the President
so states in writing, the appearance shall be
conducted in executive session
6. War powers. Section 23. (1) The
Congress, by a vote of two-thirds of both
Houses in joint session assembled, voting
separately, shall have the sole power to
declare the existence of a state of war.
7. Power to act as board of canvassers
in elections of President (Sec.4 Art.
VII)
“The Congress shall promulgate its rules for
the canvassing of the certificates.”
8. Power to call a special election for
President and Vice-President (Sec.10
Art. VII)
Section 10. The Congress shall, at ten
o’clock in the morning of the third day after
the vacancy in the offices of the President
and Vice-President occurs, convene in
accordance with its rules without need of a
call and within seven days enact a law
calling for a special election to elect a
President and a Vice-President to be held not
earlier than forty-five days nor later than
sixty days from the time of such call. The bill
calling such special election shall be deemed
certified under paragraph 2, Section 26,
Article VI of this Constitution and shall
become law upon its approval on third
reading by the Congress. Appropriations for
the special election shall be charged against
any current appropriations and shall be
exempt from the requirements of paragraph
4, Section 25, Article VI of this Constitution.
The convening of the Congress cannot be
suspended nor the special election
postponed. No special election shall be called
if the vacancy occurs within eighteen months
before the date of the next presidential
election.
9. Power to judge President’s physical
fitness to discharge the functions of
the Presidency (Sec. 11 Art. VII)
Section 11. Whenever the President
transmits to the President of the Senate 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 to them a
written declaration to the contrary, such
powers and duties shall be discharged by
the Vice-President as Acting President.
Whenever a majority of all the
Members of the Cabinet transmit to the
President of the Senate and to the Speaker of
the House of Representatives their written
declaration that the President is unable to
discharge the powers and duties of his
office, the Vice-President shall immediately
assume the powers and duties of the office
as Acting President.
Thereafter, when the President
transmits to the President of the Senate and
to the Speaker of the House of
Representatives his written declaration that
no inability exists, he shall reassume the
powers and duties of his office. Meanwhile,
should a majority of all the Members of the
Cabinet transmit within five days to the
President of the Senate and to the Speaker of
the House of Representatives their written
declaration that the President is unable to
discharge the powers and duties of his
office, the Congress shall decide the issue.
For that purpose, the Congress shall
convene, if it is not in session, within forty-
eight hours, in accordance with its rules and
without need of call.
If the Congress, within ten days after
receipt of the last written declaration, or, if
not in session, within twelve days after it is
required to assemble, determines by a two-
thirds vote of both Houses, voting
separately, that the President is unable to
discharge the powers and duties of his
office, the Vice-President shall act as the
President; otherwise, the President shall
continue exercising the powers and duties of
his office.
10. Power to revoke or extend
suspension of the privilege of the
writ of habeas corpus or
declaration of martial law (Sec. 18
Art. VII)
“The Congress, voting jointly, by a
vote of at least a majority of all its Members
in regular or special session, may revoke
such proclamation or suspension, which
revocation shall not be set aside by the
President. Upon the initiative of the
President, the Congress may, in the same
manner, extend such proclamation or
suspension for a period to be determined by
the Congress, if the invasion or rebellion
shall persist and public safety requires it.
 The Congress, if not in session, shall,
within twenty-four hours following such
proclamation or suspension, convene in
accordance with its rules without any need
of a call.”
11. Power to concur in Presidential
amnesties. concurrence of majority
of all members of Congress (Sec. 19
Art. VII)
“He shall also have the power to grant
amnesty with the concurrence of a majority
of all the Members of the Congress.”
12. Power to concur in treaties or
international agreements.
Section 21. No treaty or international
agreement shall be valid and effective unless
concurred in by at least two-thirds of all the
Members of the Senate.
13. Power to confirm certain
appointments/nominations made
by the president (Sec.16 Art. VII)
“The Congress may, by law, vest the
appointment of other officers lower in rank in
the President alone, in the courts, or in the
heads of departments, agencies,
commissions, or boards.”
14. Nomination made by the President
in the event of a vacancy in the
Office of Vice President, from among
the members of Congress,
confirming by a majority vote of all
the Members of both House of
Congress, voting separately (Sec. 9
Art. VII)
“Whenever there is a vacancy in the
Office of the Vice-President during the term
for which he was elected, the President shall
nominate a Vice-President from among the
Members of the Senate and the House of
Representatives who shall assume office
upon confirmation by a majority vote of all
the Members of both Houses of the Congress,
voting separately.”
15. Nomination made by the President
under Sec 16, Art. VII confirmed by
Commission on Appointments.
“The President shall have the power
to make appointments during the recess of
the Congress, whether voluntary or
compulsory, but such appointments shall be
effective only until after disapproval by the
Commission on Appointments or until the
next adjournment of the Congress.”
16. Power of impeachment (Sec. 3. Art.
XI).
SECTION 3. (1) The House of
Representatives shall have the exclusive
power to initiate all cases of impeachment.
(2) A verified complaint for impeachment may
be filed by any Member of the House of
Representatives or by any citizen upon a
resolution of endorsement by any Member
thereof, which shall be included in the Order
of Business within ten session days, and
referred to the proper Committee within three
session days thereafter. The Committee,
after hearing, and by a majority vote of all
its Members, shall submit its report to the
House within sixty session days from such
referral, together with the corresponding
resolution. The resolution shall be
calendared for consideration by the House
within ten session days from receipt thereof.
(3) A vote of at least one-third of all the
Members of the House shall be necessary
either to affirm a favorable resolution with
the Articles of Impeachment of the
Committee, or override its contrary
resolution. The vote of each Member shall be
recorded.
(4) In case the verified complaint or
resolution of impeachment is filed by at least
one-third of all the Members of the House,
the same shall constitute the Articles of
Impeachment, and trial by the Senate shall
forthwith proceed. (5) No impeachment
proceedings shall be initiated against the
same official more than once within a period
of one year. (6) The Senate shall have the
sole power to try and decide all cases of
impeachment. When sitting for that purpose,
the Senators shall be on oath or affirmation.
When the President of the Philippines is on
trial, the Chief Justice of the Supreme Court
shall preside, but shall not vote. No person
shall be convicted without the concurrence of
two-thirds of all the Members of the Senate.
(7) Judgment in cases of impeachment shall
not extend further than removal from office
and disqualification to hold any office under
the Republic of the Philippines, but the party
convicted shall nevertheless be liable and
subject to prosecution, trial, and punishment
according to law. (8) The Congress shall
promulgate its rules on impeachment to
effectively carry out the purpose of this
section.
17. Power relative to natural resources
(Sec. 2 Art. XII).
“The Congress may, by law, allow small-
scale utilization of natural resources by
Filipino citizens, as well as cooperative fish
farming, with priority to subsistence
fishermen and fish workers in rivers, lakes,
bays, and lagoons.”
18. Power to propose amendments to the
constitution (Sec. 1 and 2 Art. XVII)
SECTION 1. Any amendment to, or revision
of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-
fourths of all its Members; or
(2) A constitutional convention.

JUDICIAL DEPARTMENT
Section 1. The judicial power shall be
vested in one Supreme Court and in such
lower courts as may be established by law.
Judicial power includes the duty of
the courts of justice to settle actual
controversies involving rights which are
legally demandable and enforceable, and
to determine whether or not there has been
a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of
any branch or instrumentality of the
Government.
Judicial power is the power to apply
the laws to contests or disputes
concerning legally recognized rights or
duties between the State and private
persons, or between individual litigants in
cases properly brought before the judicial
tribunals.
It includes the duty of the courts of
justice to settle actual controversies
involving rights which are legally
demandable and enforceable, and to
determine whether or not there has been a
grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of
any branch or instrumentality of the
government (Sec.1, par.2, Art. VIII)
Jurisdiction is defined as the power to
hear and decide a case.
Scope of judicial power
(1) Adjudicatory power. – it includes the
duty of courts of justice:
(a) To settle actual controversies
involving rights which are
legally demandable and
enforceable; and
(b) To determine whether there
has been a grave abuse of
discretion amounting to lack
or excess of jurisdiction on the
part of any branch or
instrumentality of the
government. (Se.1, par.2.)
To be legally demanding and
enforceable in courts, rights must be
derived from law (e.g., right of wife to
receive support from her husband) or
Roles and
Lesson Responsibilities of
11 the Philippine
Judiciary
recognized by law (e.g., right of creditor to
collect indebtedness of debtor under a
contract of loan). Grave abuse of
discretion, as used above, has been
judicially defined to mean “such capricious
and arbitrary exercise of judgement as is
equivalent, in the eyes of the law, to lack of
jurisdiction”, that is, lack of authority to
act on the matter in dispute.
Now, not even the president or
congress can escape judicial scrutiny
when facing complaints of great
indiscretion or abuse of authority (e.g.,
arrest and detention of persons without
charges; declaration of martial law without
sufficient factual basis) by invoking the
political nature of their acts or
pronouncements.
(2) Power of judicial review. – it also
includes the power:
(a) to pass upon the validity or
constitutionality of the laws of
the State and the acts of the
other departments of the
government (see Sec. 4[2].);
(b) to interpret them; and
(c) to render binding judgments.
(3) Incidental powers. – it likewise includes
the incidental powers necessary
to the effective discharge of the
judicial functions such as the
power to punish person adjudges
in contempt.
Organization courts.
(1) Regular courts. – the Philippine judicial
system consists of a hierarchy of courts
resembling a pyramid with the Supreme
Court at the apex. Under the Judiciary
Reorganization Act 1980, the other
courts are:
(a) A court of Appeals (now with 69
Justices headed by a Presiding
Justice) which operates in 23
divisions each comprising three
 (3) members. The courts sits en the Insurance Commission, etc., and
banc only to exercise independent Constitutional
administrative, ceremonial, or Commission do not form part of the
other non-adjudicatory functions; integrated judicial system.
(b) A regional trial Court presided by
720 Regional Trial Judges in each The same thing may be said of courts-
of the thirteen (13) regions of the martial. They are agencies of executive
country; and character. The authority for the ordering of
(c) A Metropolitan Trial Court in courts-martial pertains to the President as
each Metropolitan area Commander-in Chief of the Armed Forces
established by law; a Municipal of the Philippines independently of
Trial Court in Every City not legislation to aid him in properly
Forming part of a metropolitan commanding the Armed Forces and
area and in each of the enforcing discipline.
Municipalities not comprised
within a metropolitan area of the
municipal circuit comprising one
or more cities and or one
municipality grouped together
according to law.
(d) A court may consist of several
branches
(2) Special courts. – Aside from these
courts, there are under present laws
special courts.
(a) The Courts of Tax Appeals (with
three judges headed by a
Presiding Judge) was created https://geekrepublik.files.wordpress.com/2015/08/branches-of-government-21-728.jpg

under Republic Act No. 1125, as

amended, which has exclusive Importance of the judiciary.
appellate jurisdiction to review on The courts perform a crucial function in
appeal decisions of the society.
Commissioner of Internal (1) Confidence in the certain and even
Revenue involving internal administration of justice
revenue taxes and decisions of (2) Preservation of the government
the Commissioner of Customs (3) Respect for law and order
involving customs duties.
(b) The Sandiganbayan (now with 15 Independence of the judiciary
justices headed by a Presiding In democracy, the courts enjoy
Justice) which operates in five (5) independence, that is, they are free to
divisions each comprising three perform their functions without
(3) members, was created by interference from the executive or
Presidential Decree No, 1606 legislative branch of the government. For
pursuant to the mandate of the government of law and not of men can be
1973 Constitution. It shall assured only by a judiciary that is
continue to function and exercise independent and free, passionately
its jurisdiction” as provided in devoted to the impartial administration of
said decree or as may be provided justice. This being true, the Constitution
by a subsequent law. (see Art. XI, secures, in a number of ways, the
Sec. %.) independence of the judiciary, to wit:
(3) Quasi-judicial agencies. – (1) Congress may not deprive the
Administrative bodies under the Supreme Court of the constitutional
executive branch performing quasi- powers granted to it (Secs. 2,5);
judicial functions, like the National (2) Congress cannot prescribe the
Labor Relations Commission, the manner in which the supreme Court
Securities and Exchange Commission, should sit, and determine the
 number of justices comprising the
court (Sec. 4[1]);
(3) The Supreme court is given the
authority to appoint all officials and
employees of the judiciary (sec. 5[6]);
(4) The members of the Supreme Court
and judges of lower courts enjoy
security of tenure (Sec.11);
(5) Their salaries cannot be decreased
during their continuance in office
(Sec. 10);
(6) The members of the Supreme Court
can only be removed through the
difficult process of impeachment.
(Art. XI, Sec. 2); and
(7) The judiciary enjoys fiscal
autonomy. (Sec.3)
Constitutional Safeguards to insure the
independence of the Judiciary.
1. The Supreme Court is a specifies cases (e.g. jurisdiction of
constitutional body, it may not be
abolished by the legislature.
2. The members of the Supreme Court
are removable only by impeachment.
3. The Supreme Court may not be
deprived of its 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 / justices of inferior courts.
6. The members of the Judiciary have
security of tenure
7. The members of Judiciary may not
be designated to any agency
performing quasi-judicial or
administrative functions.
8. Salaries of judges may not be
reduced; the judiciary enjoys fiscal
autonomy
9. The Supreme Court, alone, may
initiate and promulgate the Rules of
Court
10. The Supreme Court, alone, may
order temporary detail of judges.
11. The Supreme Court can appoint all
officials and employees of the
Judiciary.
Section 2. The Congress shall have the
power to define, prescribe, and apportion
the jurisdiction of various courts but may
not deprive the Supreme Court of its
jurisdiction over cases enumerated in
Section 5 hereof.
No law shall be passed reorganizing the
Judiciary when it undermines the security
of tenure of its Members.
Jurisdiction of Courts
Jurisdiction is the power and authority of a
court to hear, try and decide a case. It may
be:
(1) General. When it is empowered to
decide all dispute, which may come
before it except those assigned to
other courts (e.g. jurisdiction of the
regional Trial Courts);
(2) Limited. – When it has authority to
hear and determine only a few
special courts, supra.);
(3) Original. – when it can try and
decide a case which cannot be
presented before any other court;
(4) Appellate. – when it can take a case
already heard and decided by a
lower court removed from the latter
by appeal;
(5) Exclusive. – when it can try and
decide a case which cannot be
presented before any other courts;
(6) Concurrent. – when any one of two
or more courts may take cognizance
of a case;
(7) Criminal. – that which exists for the
punishment of crime; and
(8) Civil. – that which exist when the
subject matter is not of criminal
nature (e.g., collection of debt)
Section 3. The Judiciary shall enjoy fiscal
autonomy. Appropriations for the Judiciary
may not be reduced by the legislature
below the amount appropriated for the
previous year and, after approval, shall be
automatically and regularly released.
Fiscal autonomy
Section 3 seeks to further insure the
independence of the judiciary. The
appropriations for the judiciary may not be
reduced as provided above but they maybe
increased. The Constitution takes into
account the fact that the administration of
justice, in the past, has always been at the
fact that the administration of justice, in
the past, has always been at the bottom
list of priorities in government budgetary
appropriations. The prohibition against
reduction by Congress of the
appropriations for the judiciary below the
amounts appropriated for the previous
year assures, at least, that the minimal
funding requirements of the judiciary will
be met.
After approval, the appropriations
shall be automatically and regularly
released, thus making it financially
independence without having to plead to
the President or budget officials for their
release.
Section 4. (1) The Supreme Court shall be
composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in
its discretion, in divisions of three, five, or
seven Members. Any vacancy shall be filled
within ninety days from the occurrence
thereof.
(2) All cases involving the
constitutionality of a treaty, international or
executive agreement, or law, which shall be
heard by the Supreme Court en banc, and
all other cases which under the Rules of
Court are required to be heard en banc,
including those involving the
constitutionality, application, or operation of
presidential decrees, proclamations, orders,
instructions, ordinances, and other
regulations, shall be decided with the
concurrence of a majority of the Members
who actually took part in the deliberations
on the issues in the case and voted
thereon.
(3) Cases or matters heard by a
division shall be decided or resolved with
the concurrence of a majority of the
Members who actually took part in the
deliberations on the issues in the case and
voted thereon, and in no case, without the
concurrence of at least three of such
Members. When the required number is not
obtained, the case shall be decided en
banc: Provided, that no doctrine or principle
of law laid down by the court in a decision
rendered en banc or in division may be
modified or reversed except by the court
sitting en banc.
Meaning of power of Judicial review.
The power of judicial review is the
power of the courts, ultimately of the
Supreme Court, to interpret the
Constitution and to declare any legislative
or executive act invalid because it is in
conflict with the fundamental law. This
authority is derived by clear implication
from the provisions of Sections 4 (2,3) and
5 (2, a, b), Article VIII of the Constitution.
Through such power, the judiciary,
the Supreme Court particularly, enforces
and upholds the supremacy of the
Constitution. It is because the courts are
the official (but not necessarily the only)
interpreters of the Constitution that a
study of our Constitution I, in large
measure, a study of judicial decisions and
opinions on the meaning and application
of its provisions.
The power of judicial review now
includes “the duty to determine whether or
not there has been a grave abuse of
discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.” (Sec.
1, par.2) this is true although the question
before the court may be political in
character, which ordinarily cannot be
inquired into by the courts.
Justiciable question distinguished from
political question.
(1) A justiciable question is one which
affects personal or property rights
accorded to very member of the
community in cases properly brought
before the judicial tribunals. It is one
which is proper to be examined or
decided in courts of justice because its
determination would not involve an
encroachment upon the legislative or
executive power.
(2) A political question on the other hand
is one which, under the Constitution,
“is to be decided by the people in their
sovereign capacity, or in regard to
which full discretionary authority has
been delegated to the legislative or
executive branch of the government.”
The term connotes a question policy in
matters concerning the government of
the States as body politic. It is
concerned with issues dependent upon
 the wisdom, not the validity or legality,
of a particular measure or a contested
act.
For example, the Supreme Court
cannot inquire into the reason for the
expulsion of a member of Congress, or
determine what constitutes disorderly
behavior by a member (ART. VI, Sec 16[3])
or pass upon the question as to who has
been elected Senate President or Speaker
of the House of Representatives because
the Constitution has conferred jurisdiction
upon the matter to Congress itself. The
matter of whether or not the holding of a
referendum is unnecessary has been held
to be a political branch of the government
to call for a referendum.
But if the controversy involves the
issue of whether or not there has been a
grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of
any branch or instrumentality of the
government, or violation of constitutional
limitation power, the same may be hear by
the courts. (see Sec.1, par.2)
Section 5. The Supreme Court shall have
the following powers:
(1) Exercise original jurisdiction over cases
affecting ambassadors, other public
ministers and consuls, and over
petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas
corpus.
(2) Review, revise, reverse, modify, or
affirm on appeal or certiorari, as the law
or the Rules of Court may provide, final
judgments and orders of lower courts in:
(a) All cases in which the
constitutionality or validity of any
treaty, international or executive
agreement, law, presidential decree,
proclamation, order, instruction,
ordinance, or regulation is in
question.
(b) All cases involving the legality of
any tax, impost, assessment, or toll,
or any penalty imposed in relation
thereto.
(c) All cases in which the jurisdiction of
any lower court is in issue.
(d) All criminal cases in which the
penalty imposed is reclusion
perpetua or higher.
(e) All cases in which only an error or
question of law is involved.
(3) Assign temporarily judges of lower
courts to other stations as public
interest may require. Such temporary
assignment shall not exceed six months
without the consent of the judge
concerned.
(4) Order a change of venue or place of trial
to avoid a miscarriage of justice.
(5) Promulgate rules concerning the
protection and enforcement of
constitutional rights, pleading, practice,
and procedure in all courts, the
admission to the practice of law, the
Integrated Bar, and legal assistance to
the underprivileged. Such rules shall
provide a simplified and inexpensive
procedure for the speedy disposition of
cases, shall be uniform for all courts of
the same grade, and shall not diminish,
increase, or modify substantive rights.
Rules of procedure of special courts and
quasi-judicial bodies shall remain
effective unless disapproved by the
Supreme Court.
(6) Appoint all officials and employees of
the Judiciary in accordance with the
Civil Service Law.
Powers of the Judiciary
a. Original Jurisdiction: over cases
affecting ambassadors, other public
ministers and consuls, and over
petitions for certiorari, prohibition,
mandamus, qou warranto and
habeas corpus
b. Appellate jurisdiction: review, revise
reverse, modify or affirm on appeal
or certiorari as the as the law or
Rules of Court may provide
c. Temporary assignment of judges of
lower courts to other stations as
public interest may require; but the
assignment shall not exceed six
months without the consent of the
judge concerned.
d. Order change of venue or place of
trial, to avoid miscarriage of justice.
e. Rule Making Power: Promulgate
rules concerning the protection and
enforcement of constitutional rights,
pleading, practice and procedure in
 all courts, the admission to the
practice of law, the Integrated Bar,
and legal assistance to the
underprivileged.
f. Power of Appointment: The Supreme
Court appoints all officials and
employees of the Judiciary in
accordance with the Civil Service
Law (Sec. 5(6), Art. VIII);
g. Power of Administrative Supervision:
The Supreme Court shall have
administrative supervision over all
courts and the personnel thereof
(Sec. 6, Art VIII);
h. Annual Report: Supreme Court to
submit, within 30 days from the
opening of each regular session of
Congress, to the President and to
Congress an annual report on the
operations and activities of the
Roles and Functions
of
Lesson
12
the Local
Government Unit
(LGU)
Judiciary (Sec 16, Art VIII).
Section 7. (1) No person shall be appointed
Member of the Supreme Court or any lower
collegiate court unless he is a natural-born
citizen of the Philippines. A Member of the
Supreme Court must be at least forty years
of age, and must have been for fifteen
years or more a judge of a lower court or
engaged in the practice of law in the
Philippines.
(2) The Congress shall prescribe the
qualifications of judges of lower courts, but
no person may be appointed judge thereof
unless he is a citizen of the Philippines and
a member of the Philippine Bar.
(3) A Member of the Judiciary must be a
person of proven competence, integrity,
probity, and independence.
Section 8. (1) A Judicial and Bar Council is
hereby created under the supervision of the
Supreme Court composed of the Chief
Justice as ex officio Chairman, the
Secretary of Justice, and a representative
of the Congress as ex officio Members, a
representative of the Integrated Bar, a
professor of law, a retired Member of the
Supreme Court, and a representative of the
private sector.
(2) The regular Members of the
Council shall be appointed by the President
for a term of four years with the consent of
the Commission on Appointments. Of the
Members first appointed, the representative
of the Integrated Bar shall serve for four
years, the professor of law for three years,
the retired Justice for two years, and the
representative of the private sector for one
year.
(3) The Clerk of the Supreme Court
shall be the Secretary ex officio of the
Council and shall keep a record of its
proceedings.
(4) The regular Members of the
Council shall receive such emoluments as
may be determined by the Supreme Court.
The Supreme Court shall provide in its
annual budget the appropriations for the
Council.
(5) 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. 2. Declaration of Policy.
(a) It is hereby declared the policy of the
State that the territorial and political
subdivisions of the State shall enjoy
genuine and meaningful local autonomy to
enable them to attain their fullest
development as self-reliant communities
and make them more effective partners in
the attainment of national goals. Toward
this end, the State shall provide for a more
responsive and accountable local
government structure instituted through a
system of decentralization whereby local
government units shall be given more
powers, authority, responsibilities, and
resources. The process of decentralization
shall proceed from the national government
to the local government units.
(b) It is also the policy of the State to
ensure the accountability of local
government units through the institution
of effective mechanisms of recall, initiative
and referendum.
(c)It is likewise the policy of the State to
require all national agencies and offices to
conduct periodic consultations with
appropriate local government units, non-
governmental and people's organizations,
and other concerned sectors of the
community before any project or program
is implemented in their respective
jurisdictions.

SEC. 7. Creation and Conversion.

As a general rule, the creation of a https://en.wikipedia.org/wiki/
local government unit or its conversion Local_government_in_the_Philippines#/media/

from one level to another level shall be SEC. 18. Power to Generate and Apply
based on verifiable indicators of viability Resources.
and projected capacity to provide services, Local government units shall have
to wit: the power and authority to establish an
(a) Income. - It must be sufficient, based organization that shall be responsible for
on acceptable standards, to the efficient and effective implementation of
provide for all essential their development plans, program
government facilities and objectives and priorities; to create their own
services and special sources of revenue and to levy taxes, fees,
functions commensurate and charges which shall accrue exclusively
with the size of its for their use and disposition and which
population, as expected of shall be retained by them; to have a just
the local government unit share in national taxes which shall be
concerned; automatically and directly released to them
(b) Population. - It shall be determined as without need of any further action; to have
the total number of an equitable share in the proceeds from the
inhabitants within the utilization and development of the national
territorial jurisdiction of the wealth and resources within their
local government unit respective territorial jurisdictions including
concerned; and sharing the same with the inhabitants by
(c) Land Area. - It must be contiguous, way of direct benefits; to acquire, develop,
unless it comprises two or lease, encumber, alienate, or otherwise
more islands or is separated dispose of real or personal property held by
by a local government unit them in their proprietary capacity and to
independent of the others; apply their resources and assets for
properly identified by metes productive, developmental, or welfare
and bounds with technical purposes, in the exercise or furtherance of
descriptions; and sufficient their governmental or proprietary powers
to provide for such basic and functions and thereby ensure their
services and facilities to meet development into self-reliant communities
the requirements of its and active participants in the attainment of
populace. Compliance with national goals.
the foregoing indicators shall
be attested to by the SEC. 19. Eminent Domain.
Department of Finance A local government unit may, through
(DOF), the National Statistics its chief executive and acting pursuant to
Office (NSO), and the Lands an ordinance, exercise the power of
Management Bureau (LMB) eminent domain for public use, or purpose,
of the Department of or welfare for the benefit of the poor and
Environment and Natural the landless, upon payment of just
Resources (DENR). compensation, pursuant to the provisions of
the Constitution and pertinent laws.
SEC. 20. Reclassification of Lands.
 A city or municipality may, through
an ordinance passed by the sanggunian
after conducting public hearings for the
purpose, authorize the reclassification of
agricultural lands and provide for the
manner of their utilization or disposition in
the following cases:
(1) when the land ceases to be
economically feasible and sound for
agricultural purposes as determined by
the Department of Agriculture or
(2) where the land shall have substantially
greater economic value for residential,
commercial, or industrial purposes, as
determined by the sanggunian concerned.
RELATIONS WITH PEOPLE'S AND
NONGOVERNMENTAL ORGANIZATIONS
SEC. 34. Role of People's and
Nongovernmental Organizations.
Local government units shall promote
the establishment and operation of people's
and nongovernmental organizations to
become active partners in the pursuit of
local autonomy.
SEC. 35. Linkages with People's and Non-
Governmental Organizations.
Local government units may enter
into joint ventures and such other
cooperative arrangements with people's
and nongovernmental organizations to
engage in the delivery of certain basic
services, capability-building and livelihood
projects, and to develop local enterprises
designed to improve productivity and
income, diversify agriculture, spur rural
industrialization, promote ecological
balance, and enhance the economic and
social well-being of the people.
SEC. 36. Assistance to People's and
Nongovernmental Organizations.
A local government unit may, through
its local chief executive and with the
concurrence of the sanggunian concerned,
provide assistance, financial or otherwise,
to such people's and nongovernmental
organizations for economic, socially-
oriented, environmental, or cultural projects
to be implemented within its territorial
jurisdiction.
SEC. 129. Power to Create Sources of
Revenue.
Each local government unit shall
exercise its power to create its own sources
of revenue and to levy taxes, fees, and
charges subject to the provisions herein,
consistent with the basic policy of local
autonomy. Such taxes, fees, and charges
shall accrue exclusively to the local
government units.
SEC. 130. Fundamental Principles.
The following fundamental principles
shall govern the exercise of the taxing and
other revenue-raising powers of local
government units:
(a) Taxation shall be uniform in each local
government unit;
(b) Taxes, fees, charges and other
impositions shall:
(1) be equitable and based as far as
practicable on the taxpayer's ability
to pay;
(2) be levied and collected only for
public purposes;
(3) not be unjust, excessive, oppressive,
or confiscatory;
(4) not be contrary to law, public policy,
national economic policy, or in
restraint of trade;
(c) The collection of local taxes, fees,
charges and other impositions shall in
no case be let to any private person;
(d) The revenue collected pursuant to the
provisions of this Code shall inure
solely to the benefit of, and be subject
to disposition by, the local government
unit levying the tax, fee, charge or other
imposition unless otherwise specifically
provided herein; and,
(e) Each local government unit shall, as far
as practicable, evolve a progressive
system of taxation.
BARANGAY
The Punong Barangay
As the basic political unit, the
barangay serves as the primary planning
and implementing unit of government
policies, plans, programs, projects, and
activities in the community, and as a
forum wherein the collective views of the
people may be expressed, crystallized and
considered, and where disputes may be
amicably settled. Each barangay is led by
a punong barangay , with seven (7)
barangay members, a sangguniang
kabataan chairman, a barangay secretary,
and a barangay treasurer.
As chief executive in a barangay, the
punong barangay shall exercise powers
and performs duties and functions set by
law. The following are some of the duties
and functions of the Punong barangay for
the general welfare of its inhabitants:
1. Enforce all laws and ordinances which
are applicable within the barangay;
2. Negotiate, enter into, and sign contracts
for and in behalf of the barangay, upon
authorization of the sangguniang
barangay;
3. Maintain public order
4. Call and preside over the sessions of the
sangguniang barangay and the
barangay assembly, and vote only to
break a tie;
5. Organize and lead an emergency group
whenever the same may be necessary for
the maintenance of peace and order or
on occasions of emergency or calamity
within the barangay;
6. In coordination with the barangay
development council, prepare the
annual executive and supplemental
budgets of the barangay;
7. Enforce laws and regulations relating to
pollution control and protection of the
environment;
8. Ensure the delivery of basic services
9. Conduct an annual palarong barangay
in coordination with the Department of
Education, Culture and Sports;
Sangguniang Barangay
The sangguniang barangay or the
legislative body of the barangay, shall be
composed of the punong barangay as
presiding officer, and the seven (7) regular
sangguniang barangay members elected at
large and sangguniang kabataan
chairman, as members.Some of the duties
and responsibilities of the sangguniang
barangay as the legislative body:
1. Enact ordinances as may be necessary
to discharge the responsibilities
conferred upon it by law or ordinance
and to promote the general welfare of
the inhabitants therein;
2. Enact tax and revenue ordinances;
3. Enact annual and supplemental
budgets;
4. Provide for the construction and
maintenance of barangay facilities and
other public works projects;
5. Authorize the punong barangay to
enter into contracts in behalf of the
barangay;
6. Provide for the proper development
and welfare of children in the barangay
by promoting and supporting activities
for the protection and total
development of children, particularly
those below seven (7) years of age;
7. Adopt measures towards the
prevention and eradication of drug
abuse, child abuse, and juvenile
delinquency;
8. Initiate the establishment of a
barangay high school, whenever
feasible, in accordance with law;
9. Provide for the establishment of a non-
formal education center in the
barangay whenever feasible, in
coordination with the Department of
Education, Culture and Sports,
10. Provide for the delivery of basic
services
MUNICIPALITY
The Municipal Mayor
The municipal mayor, as the chief
executive of the municipal government,
shall exercise such powers and perform
such duties and functions as provided by
law. And for efficient, effective and
economical governance the municipal
mayor shall:
(1) Exercise general supervision and
control over all programs, projects,
services, and activities of the
municipal government
(2) Enforce all laws and ordinances relative
to the governance of the municipality
and the exercise of its corporate
powers provided for under Section 22
of this Code, implement all approved
policies, programs, projects, services
and activities of the municipality and,
in addition to the foregoing, shall:
Ensure that the acts of the
municipality's component barangays
and of its officials and employees are
within the scope of their prescribed
powers, functions, duties and
responsibilities;
(3) Initiate and maximize the generation of
resources and revenues, and apply the
 same to the implementation of
development plans, program objectives
and priorities as provided for under
Section 18 of LGC, particularly those
resources and revenues programmed
for agro-industrial development and
country-wide growth and progress, and
relative thereto law library
(4) Ensure the delivery of basic services
and the provision of adequate facilities
(5) Exercise such other powers and
perform such other duties and
functions as may be prescribed by law
or ordinance.
The Vice Mayor
“The vice-mayor shall be the
presiding officer of the sangguniang bayan
and sign all warrants drawn on the
municipal treasury for all expenditures
appropriated for the operation of the
sangguniang bayan”
The Sangguniang Bayan
“The sangguniang bayan, the
legislative body of the municipality, shall
be composed of the municipal vice-
mayoras the presiding officer, the regular
sanggunian members, the president of the
municipal chapter of the liga ng mga
barangay, the president of the pambayang
pederasyon ng mga sangguniang
kabataan, and the sectoral
representatives, as members.”
“The sangguniang bayan, as the
legislative body of the municipality, shall
enact ordinances, approve resolutions and
appropriate funds for the general welfare
of the municipality and its inhabitants”
Among the duties and
responsibilities of the sanguniang bayan
are:
(1) Approve ordinances and pass
resolutions necessary for an efficient
and effective municipal government;
(2) Generate and maximize the use of
resources and revenues for the
development plans, program objectives
and priorities of the municipality with
particular attention to agro-industrial
development and countryside growth
and progress;
(3) Grant franchises, enact ordinances
authorizing the issuance of permits or
licenses, or enact ordinances levying
taxes, fees and charges upon such
conditions and for such purposes
intended to promote the general
welfare of the inhabitants of the
municipality, and pursuant to this
legislative authority;
(4) Regulate activities relative to the use of
land, buildings and structures within
the municipality in order to promote
the general welfare.
(5) Approve ordinances which shall ensure
the efficient and effective delivery of
the basic services and facilities;
(6) Exercise such other powers and
perform such other duties and
functions as may be prescribed by law
or ordinance.
CITY
The City Mayor
The city mayor, as chief executive of
the city government, shall exercise powers
and perform duties and functions. For the
general welfare of the city and its
inhabitants, the city mayor shall exercise
the following for efficient, effective and
economical governance
(1) Exercise general supervision and
control over all programs, projects,
services, and activities of the city
government, and in this connection,
(2) Enforce all laws and ordinances
relative to the governance
(3) Initiate and maximize the generation of
resources and revenues
(4) Ensure the delivery of basic services
(5) Exercise such other powers and
perform such other duties and
functions as may be prescribed by law
or ordinance.
The city vice-mayor shall Be the
presiding officer of the sangguniang
panlungsod and sign all warrants drawn
on the city treasury for all expenditures
appropriated for the operation of the
sangguniang panlungsod; appoint all
officials and employees of the sangguniang
panlungsod; Assume the office of the city
mayor for the unexpired term; Exercise the
powers and perform the duties and
functions of the city mayor in cases of
temporary vacancy; Exercise such other
powers and perform such other duties and
functions as may be prescribed by law or
ordinance.
The Sangguniang Panlungsod
The sangguniang panlungsod, the
legislative body of the city, shall be
composed of the city vice-mayor as
presiding officer, the regular sanggunian
members, the president of the city chapter
of the liga ng mga barangay, the president
of the panlungsod na pederasyon ng mga
sangguniang kabataan, and the sectoral
representatives, as members.
The sangguniang panlungsod, as the
legislative body of the city, shall enact
ordinances, approve resolutions and
appropriate funds for the general welfare
of the city and its inhabitants and in the
proper exercise of the corporate powers of
the city shall:
(1) Approve ordinances and pass
resolutions necessary for an efficient
and effective city government
(2) Generate and maximize the use of
resources and revenues for the
development plans, program objectives
and priorities of the city with particular
attention to agro-industrial
development and city-wide growth and
progress;
(3) Enact ordinances granting franchises
and authorizing the issuance of permits
or licenses;
(4) Regulate activities relative to the use of
land, buildings and structures within
the city;
(5) Approve ordinances which shall ensure
the efficient and effective delivery of the
basic services and facilities; and
(6) Exercise such other powers and
perform such other duties and
functions as may be prescribed by law
or ordinance.
THE PROVINCE
Role of the Province.
The province, composed of a cluster
of municipalities, or municipalities and
component cities, and as a political and
corporate unit of government, serves as a
dynamic mechanism for developmental
processes and effective governance of local
government units within its territorial
jurisdiction.
There shall be in each province a
governor, a vice-governor, members of the
sangguniang panlalawigan, a secretary to
the sangguniang panlalawigan, a panlalawigan and sign all warrants drawn
provincial treasurer, a provincial assessor,
a provincial accountant, a provincial
engineer, a provincial budget officer, a
provincial planning and development
coordinator, a provincial legal officer, a
provincial administrator, a provincial
health officer, a provincial social welfare
and development officer, a provincial
general services officer, a provincial
agriculturist, and a provincial veterinarian.
(b) In addition, thereto, the governor may
appoint a provincial population officer, a
provincial natural resources and
environment officer, a provincial
cooperative officer, a provincial architect,
and a provincial information officer.
The Provincial Governor
The provincial governor, as the chief
executive of the provincial government,
shall exercise such powers and perform
such duties and functions as provided by
this Code and other laws. For efficient,
effective and economical governance the
purpose of which is the general welfare of
the province and its inhabitants the
provincial governor shall:
(1) Exercise general supervision and
control over all programs, projects,
services, and activities of the provincial
government,
(2) Enforce all laws and ordinances relative
to the governance of the province and
the exercise of the appropriate corporate
powers, implement all approved policies,
programs, projects, services and
activities of the province
(3) Initiate and maximize the generation of
resources and revenues, and apply the
same to the implementation of
development plans, program objectives
and priorities particularly those
resources and revenues programmed for
agro-industrial development and
country-wide growth and progress.
(4) Ensure the delivery of basic services
and the provision of adequate facilities;
(5) Exercise such other powers and
perform such other duties and functions
as may be prescribed by law or
ordinance.
The Provincial Vice-Governor
The vice-governor shall be the
presiding officer of the sangguniang
on the provincial treasury for all
expenditures appropriated for the
operation of the sangguniang
panlalawigan.
The Sangguniang Panlalawigan
The sangguniang panlalawigan, the
legislative body of the province, shall be
composed of the provincial vice-governor
as presiding officer, the regular
sanggunian members, the president of the
Nature of Elections and
Lesson
Political Parties in the
13
Philippines
provincial chapter of the liga ng mga
barangay, the president of the
panlalawigang pederasyon ng mga
sangguniang kabataan, the president of
the provincial federation of sanggunian
members of municipalities and component
cities, and the sectoral representatives, as
members.
The sangguniang panlalawigan, as
the legislative body of the province, shall
enact ordinances, approve resolutions and
appropriate funds for the general welfare
of the province and in the proper exercise
of the corporate powers of the province
shall:
(1) Approve ordinances and pass
resolutions necessary for an efficient
and effective provincial government
and, in this connection.
(2) Generate and maximize the use of
resources and revenues for the
development plans, program objectives
and priorities of the province as
provided for under Section 18 of this
Code, with particular attention to agro-
industrial development and country-
wide growth and progress and relative
thereto, shall:
(3) Subject to the provisions of Book II of
this Code, grant franchises, approve
the issuance of permits or licenses, or
enact ordinances levying taxes, fees
and charges upon such conditions and
for such purposes intended to promote
the general welfare of the inhabitants
of the province, and pursuant to this
legislative authority, shall:
(4) Approve ordinances which shall ensure
the efficient and effective delivery of
the basic services and facilities as
provided for under Section 17 of this
Code, and, in addition to said services
and facilities, shall:
(5) Exercise such other powers and
perform such other duties and
functions as may be prescribed by law
or ordinance.
I. ELECTIONS
Election. The means by which the people
choose their official for a definite and fixed
period and to whom they entrust for the
time being the exercise of the powers of
government.
An “election” means the choice or
selection of candidates to public office by
popular vote through the use of the ballot,
and the elected officials that are
determined through the will of the
electorate. An election is the embodiment
of the popular will, the expression of the
sovereign power of the people. The winner
is the candidate who has obtained a
majority of plurality of valid votes cast in
the election. Sound policy dictates that
public elective offices are filled by those
who receive the highest number of votes
cast in the election for that office. For, in
all republican forms of government the
basic idea is that no one can be declared
elected and no measure can be declared
carried unless he or it receives a majority
or plurality of the legal votes cast in the
election. Rulloda v. Comelec, G.R. No. 154198
An “election” is the embodiment of
the popular will, the expression of the
sovereign power of the people. In common
parlance, an “election” is the act of casting
and receiving the ballots, counting them,
and making the return. An “election”,
under the Constitution, involves every
element necessary to the complete
ascertainment of the expression of the
popular will, embracing the entire range,
from the deposit of the ballot by the elector
up to the final ascertainment and
certification of the result. An election by
the people means and includes the perfect
ascertainment of such result. Hontiveros v.
Altavas, 24 Phil. 632
The term “election” refers to the
conduct of the polls, including the listing
of voters, the holding of the electoral
campaign, and the casting and counting of
votes.
Kinds of election
a. Regular. – One provided by law for
the election of officers either nation-
wide or in certain subdivisions
thereof, after the expiration of the
full term of the former officers.
A “regular election” is an
election held on such dates
established by law at regular
intervals.
A “regular” election, whether
national or local, also refers to an
election participated in by those who
possess the right of suffrage, are not
otherwise disqualified by law, and
who are registered votes. The
election for Sangguniang Kabataan
is not “regular” election because the
latter is participated in by youth
ages ranging from 15 to 21, some of
whom are not qualified voters to
elect local or national elective
officials.
b. Special. – One held to fill a vacancy
in office before the expiration of the
full term for which the incumbent
was elected.
A “special election” is an
election not regularly held to supply
a vacancy in a particular office
before the expiration of the full term
for which the incumbent was
elected. A “special election” also
refers to an election held when there
is a failure of election.
The purpose of an election is to give
the voters a direct participation in the
affairs of their government, either in
determining who shall be their public
officials or in deciding some question of
public interest; and for this purpose, all of
the legal voters should be permitted,
unhampered and unmolested, to cast their
ballots. Yason v. Comelec, 134 SCRA 371
Initiative and referendum
Initiative and referendum are law-
making powers that belong to the people
and have been described as the “people-
power” features of our Constitution.
Initiative is a process of law-making by the
people without the participation of their
elected representatives. Referendum
consists merely of the electorate approving
or rejecting what has been drawn up or
enacted by a legislative body. Subic Bay
Metropolitan Authority v. Comelec, 262 SCRA 492
Plebiscite
The word plebiscite comes from the
Latin plebiscite, which originally meant a
decree of the Concilium Plebis, the popular
assembly of the Roman Republic.
Referendums and referenda are both
commonly used as plurals of referendum.
The word “plebiscite” is generally
used with reference to the voting to
determine whether the voters in the
country are in favor or against the
ratification of the constitution or an
amendment thereto. The term is also used
in connection with the voting to determine
whether voters in the political units
affected agree to a proposed creation,
division, merger, abolition or boundary
change of a political unit.
As used in R.A. No. 6735, other
known as “The Initiative and Referendum
Act”, the term “plebiscite” is the electoral
process by which an initiative on the
Constitution is approved or rejected by the
people.
Recall
Recall is a method for removing an
elective public officer by the people before
the end of the officer’s term of office.
Angobung v. Comelec, 269 SCRA 245
R.A. No. 7160 prohibits a recall
election within one year immediately
preceding a regular local election. The
term “regular local election” refers to an
election where the position of the official to
be recalled is to be actually contested and
filled by the electorate. Angobung v. Comelec,
269 SCRA 245
The period of campaign shall be as follows:
1. Presidential and Vice-Presidential
Election - 90 days;
2. Election of Members of the Batasang
Pambansa and Local Election - 45 days;
and
3. Barangay Election - 15 days.
The campaign periods shall not include
the day before and the day of the election.
However, in case of special elections under
Article VIII, Section 5, Subsection (2) of the
Constitution, the campaign period shall be
forty-five days.
The phrase “election period” is specified by
law but may be fixed in special cases by
the Comelec, and extends beyond the date
of the election itself, while “campaign
period” is fixed by law, and covers only the
period before the day of the election.
Peralta v. Comelec, 82 SCRA 30
The term “election day” is the day legally
established for the election of a public
official.
Sec. 4. Obligation to register and vote. -
It shall be the obligation of every citizen
qualified to vote to register and cast his
vote.
Suffrage. The right to vote in the election
of officers chosen by the people and in the
determination of submitted to the people.
Includes within its scope: election,
plebiscite, initiative and referendum.
The term “suffrage” means a voice
given not only in the choice of a man for
an office or trust, but also in deciding a
controverted question.
Suffrage is the means by which the
people express their sovereign judgements
and its free exercise must be protected
especially against the purchasing power of
the peso.
Th right of suffrage is predicted
upon the theory that the people who bear
the burden of government should share in
privilege of choosing the officials of that
government.
Suffrage is both a right and a
privilege. It is a right because it is the
expression of the sovereign will of the
people. It is a privilege because its exercise
is conferred only to such person s or class
of persons as are most likely to exercise it
for the purpose of the public good.
Sec. 5. Postponement of election. -
When for any serious cause such as
violence, terrorism, loss or destruction of
election paraphernalia or records, force
majeure, and other analogous causes of
such a nature that the holding of a free,
orderly and honest election should become
impossible in any political subdivision, the
Commission, motu proprio or upon a
verified petition by any interested party,
and after due notice and hearing, whereby
all interested parties are afforded equal
opportunity to be heard, shall postpone the
election therein to a date which should be
reasonably close to the date of the election
not held, suspended or which resulted in a
failure to elect but not later than thirty days
after the cessation of the cause for such
postponement or suspension of the election
or failure to elect.
Sec. 6. Failure of election. - If, on
account of force majeure, violence,
terrorism, fraud, or other analogous causes
the election in any polling place has not
been held on the date fixed, or had been
suspended before the hour fixed by law for
the closing of the voting, or after the voting
and during the preparation and the
transmission of the election returns or in
the custody or canvass thereof, such
election results in a failure to elect, and in
any of such cases the failure or suspension
of election would affect the result of the
election, the Commission shall, on the basis
of a verified petition by any interested
party and after due notice and hearing, call
for the holding or continuation of the
election not held, suspended or which
resulted in a failure to elect on a date
reasonably close to the date of the election
not held, suspended or which resulted in a
failure to elect but not later than thirty days
after the cessation of the cause of such
postponement or suspension of the election
or failure to elect.
Sec. 7. Call of special election. -In case
a vacancy arises in the Batasang
Pambansa eighteen months or more before
a regular election, the Commission shall
call a special election to be held within sixty
days after the vacancy occurs to elect the
Member to serve the unexpired term.
In case of the dissolution of the
Batasang Pambansa, the President shall
call an election which shall not be held
earlier than forty-five nor later than sixty
days from the date of such dissolution.
The Commission shall send sufficient
copies of its resolution for the holding of the
election to its provincial election supervisors
and election registrars for dissemination,
who shall post copies thereof in at least
three conspicuous places preferably where
public meetings are held in each city or
municipality affected
Sec. 8. Election Code to be available in
polling places. - A printed copy of this
Code in English or in the national language
shall be provided and be made available by
the Commission in every polling place, in
order that it may be readily consulted by
any person in need thereof on the
registration, revision and election days.
Sec. 10. Election expenses. - Except in
barangay elections, such expenses as may
be necessary and reasonable in connection
with the elections, referenda, plebiscites
and other similar exercises shall be paid by
the Commission. The Commission may
direct that in the provinces, cities, or
municipalities, the election expenses
chargeable to the Commission be advanced
by the province, city or municipality
concerned subject to reimbursement by the
Commission upon presentation of the
proper bill.
Funds needed by the Commission to
defray the expenses for the holding of
regular and special elections, referenda
and plebiscites shall be provided in the
regular appropriations of the Commission
which, upon request, shall immediately be
released to the Commission. In case of
deficiency, the amount so provided shall be
augmented from the special activities funds
in the general appropriations act and from
those specifically appropriated for the
purpose in special laws.
Sec. 11. Failure to assume office. - The
office of any official elected who fails or
refuses to take his oath of office within six
months from his proclamation shall be
considered vacant, unless said failure is for
a cause or causes beyond his control.
Sec. 12. Disqualifications. - Any person
who has been declared by competent
authority insane or incompetent, or has
been sentenced by final judgment for
subversion, insurrection, rebellion or for
any offense for which he has been
sentenced to a penalty of more than
eighteen months or for a crime involving
moral turpitude, shall be disqualified to be
a candidate and to hold any office, unless
he has been given plenary pardon or
granted amnesty.
This disqualification to be a
candidate herein provided shall be deemed
removed upon the declaration by competent
authority that said insanity or
incompetence had been removed or after
the expiration of a period of five years from
his service of sentence, unless within the
same period he again becomes disqualified.
II. POLITICAL PARTIES
Sec. 60. Political party. - "Political party"
or "party", when used in this Act, means an
organized group of persons pursuing the
same ideology, political ideas or platforms
of government and includes its branches
and divisions. To acquire juridical
personality, quality it for subsequent
accreditation, and to entitle it to the rights
and privileges herein granted to political
parties, a political party shall first be duly
registered with the Commission. Any
registered political party that, singly or in
coalition with others, fails to obtain at least
ten percent of the votes cast in the
constituency in which it nominated and
supported a candidate or candidates in the
election next following its registration shall,
after notice and hearing be deemed to have
forfeited such status as a registered
political party in such constituency.
A political party is “an organized
group of persons pursuing the same
political ideals in a government.” In order
that a group of persons be organized, all of
them must be joined in a corporate body,
articulate, with the attributes of a social
personality. In addition, it must have a
constitution, by-laws, rules, or some kind
of charter. Furthermore, some kind of
agreement, written or unwritten, must
exist on how the group is to function, how
it will be presided over, and how it is to
express its collective will. Although the
platform of the Goodwill Party embodied
many ideals of a political character,
nowhere appeared the existence of “an
organized group of persons” pursuing said
ideals.
Party System. A free and open party
system shall be allowed to evolve according
to the free choice of the people (Sec. (2) 5,
Art. IX-C)
1. No votes cast in favor of a political
party, organization or coalition shall be
valid, except for those registered, under
the party-list system as provided in the
constitution (Sec. 7, Art. IX-C)
a. Party-List System. The party-list
system is a mechanism of
proportional representatives from
national, regional and sectoral
parties or organizations or coalitions
thereof registered with the
Commission on Elections (RA 7941)
2. Political parties registered under the
party-list system shall be entitled to
appoint poll watchers in accordance with
law. (Sec. 8, Art. IX-C)
3. Party-list representatives shall
constitute 20% of the total number of
representatives in House of
Representatives (Sec. 5(2), Art. VI)
Political Party
a. A party means either a coalition
party or a sectoral party or a
coalition of parties.
b. A political party refers to an
organized group of citizens
advocating an ideology or platform,
principles and policies for the
general conduct of government and
which, as the most immediate
means of securing their adoption,
regularly nominates certain of its
leaders and members as candidates
for public office. It is national party
when its constituency is spread over
the geographical territory of at least
a majority of the regions. It is
regional party when its constituency
is spread over the geographical
territory of at least a majority of the
cities and provinces comprising the
region.
c. A sectoral party refers to an
organized group of citizens belonging
to any of the following sectors: labor
peasant, fisherfolk, urban poor,
indigenous cultural communities,
elderly, handicapped, women youth,
veterans, overseas workers and
professionals, whose principal
advocacy pertains to the special
interest and concerns of their sector.
d. A sectoral organization refers to a
group of citizens or a coalition of
groups of citizens who share similar
physical attributes or
characteristics, employment,
interests or concerns.
e. A coalition refers to an aggrupation
of duly registered national, regional,
sectoral parties or organizations for
political and/or election purposes.
Sec. 61. Registration. - Any organized
group of persons seeking registration as a
national or regional political party may file
with the Commission a verified petition
attaching thereto its constitution and by-
laws, platform or program of government
and such other relevant information as may
be required by the Commission. The
Commission shall, after due notice and
hearing, resolve the petition within ten
days from the date it is submitted for
decision.
No religious sect shall be registered
as a political party and no political party
which seeks to achieve its goal through
violence shall be entitled to accreditation.

In order to acquire juridical personality
as a political party, to entitle it to the
benefits and privileges granted under the
Constitution and the laws, and in order to
participate in the party-lists system, the
group must register with the Commission
on Elections by filing with the Comelec not
later than 90 days before the election a
verified petition stating its desire to
participate in the party-list system as a
national, regional, sectoral party or
organization or a coalition of such parties
or organizations.
1. Groups which cannot be registered
as political parties.
a. Religious denomination or sects;
b. Those who seek to achieve their
goals through violence or
unlawful means;
c. Those who refuse to uphold and
adhere to the Constitution;
d. Those supported by foreign
governments.
2. Grounds for cancellation of
Concept, Role, and
Contributions of Civil
Lesson Society and Social
14 Movements to
Philippine Democracy
registration
 Accepting financial contributions
from foreign governments or their
agencies
 Failure to obtain at least 10% of
the votes cast in the constituency
where the party fielded candidates.
Under R.A. 7941, the Comelec may,
motu propio or upon a verified complaint
of any interested party, refuse or cancel,
after due notice and hearing, the
registration of any national, regional or
sectoral party, organization or coalition
on any of the following grounds:
a. It is religious sect or denomination,
organization or association organized
for religious purposes;
b. It advocates violence or unlawful
means to seek its goal;
c. It is foreign party or organization;
d. It is receiving support from any
foreign government, foreign political
party, foundation, organization,
whether directly or through any of its
officers or members, or indirectly
through third parties, for partisan
election purposes;
e. It violates or fails to comply with laws,
rules or regulations relating to
elections;
f. It declares untruthful statements in
its petition,
g. It has ceased to exist for at least one
year; and
h. It fails to participate in the last two
preceding elections, or fails to obtain
at least 2% of the votes cast under the
party-list system in the two preceding
elections for the constituency in
which it was registered.
Sec. 62. Publication of petition for
registration or accreditation. - The
Commission shall require publication of the
petition for registration or accreditation in at
least three newspapers of general
circulation and shall, after due notice and
hearing, resolve the petition within fifteen
days from the date it is submitted for
decision. 
Concept of Civil Society
The United Nations (UN) defines Civil
society as the “third sector” of society,
along with government and business. It
comprises civil society organizations and
non-governmental organizations. The UN
recognizes the importance of partnering
with civil society, because it advances the
Organization’s ideals, and helps support
its work.
The World Health Organization
(WHO) claims that the Civil society is seen
as a social sphere separated from both the
state and the market. WHO further reports
that the increasingly accepted
understanding of the term civil society
organizations (CSOs) is that of non-state,
not-for-profit, voluntary organizations
formed by people in that social sphere.
 The term is used to describe a broad
range of organizations, networks,
associations, groups and movements that
are independent of government and that
sometimes come together to advance their
common interests through collective
action.
The term NGO’s is used to describe
non-profit making, non-violent
organizations, which seek to influence the
policy of governments and international
organizations and to complement
government services (such as health and
education). They vary in their size, scope of
activity and goals. They may operate
nationally, or internationally.
Civil Society as “a web of human
relationships made of individual people,
their networks, organizations, and in
situations around which social and
community life is built. It is dynamic,
adaptive, at times nebulous, at times well-
structured, though much of it is informal.
Lederach (2001). To Lederach, the only
thing that is outside the definition of civil
society is the national and formal
structures of official political governance.
Kaldor (2003) gives examples of civil
society which includes, but not limited to
social movements, NGOs, and non-profit
organizations, advocacy networks, public
policy networks and religious
organizations.
Civil Society Organizations (CSOs)
include NGOs, trade unions, faith-based
organizations, indigenous peoples’
movements, foundations and many other.
Amanda Doronilla as mentioned by Diokno
(1997) claims that civil society covers all
institutions and groups engaging each
other in the democratization process, e.g.,
Church, business groups among others.
The Philippines is usually described
as an active civil society type where
thousands of voluntary organizations
addressing various concerns dot the
country’s socio-political landscape (The
Third World Studies Center, 1997).
Functions and Contributions of Civil
Organizations
Paffenholz and Spurk (2010) give seven
features that civil society plays in
peacebuilding. These functions are:
 protection
 monitoring
 advocacy and public communication
 social cohesion
 intermediation and facilitation
 service delivery
According to The Third World
Studies Center (1997), the civil society has
demonstrated their potential as
independent power centers and agents of
change. It has cumulatively pushed
forward the democratization project.
Civil society (Krut, 1997) is crucial to
democratization because it enables and
widens participation, protects citizens from
the abuse of state power, and guarantees
the political accountability of the state.
Civil society is a protector and guardian,
change-advocate and dispenser and
generator of social wealth and welfare.
Society prevents the state from
abusing its powers and at the same time
prods it to do better by being accountable
and transparent (Putman). Further, a
vibrant civil society leads to better
government. For David (1997) civil society
aims to transform unequal power relations
in six spheres: country and class; sector
and species; generation and gender.
Civil society provides social welfare
such as child care, adult literacy, health
and other services which the state is
unable to provide sufficiently; and
organizing relief and rehabilitation centers
in disaster and war-torn areas.
According to Mary Racelis, in her study,
she stated that civil society maybe seen as
fulfilling three roles to wit:
1. As part of society. This pertains to
organized groups (not the family,
and outside the market and the
state), mainly, community-based
organizations (CBOs),
nongovernmental Organizations
(NMGOs) trade unions, cooperative,
religious and faith-based groups,
academia, media, (possibly)
indigenous peoples.
 2. As a kind of society. This means that sector, and international multilateral
Civil Society serves as the promoter and bilateral donors.
of selected values and norms. Like  Civil society: NGOs as partners,
poverty eradication, human rights, especially Social Watch Philippines;
gender equality, environmental  Academe: enhancing schools of public
sustainability, international fair- administration outreach to LGUs for
trade regimes, peace, anti-small training in good governance that
landmines, and meeting social goals. incorporates MDGs
6. Launching the “10 to 10 Campaign:
3. As the public sphere. It is an arena Engaging People and Communities:
for broad-based debate and Advancing Governance Reforms
institutional collaborations; towards the Realization of the MDGs” –
partnerships and networks; from October to December 2004,
guarding of public democratic President Macapagal-Arroyo’s 10-point
spaces, monitoring government and legacy, especially human rights, gender;
sometimes private sector public administration reform for service
performance; self-monitoring. delivery, environmental governance,
anti- poverty and empowering and
Furthermore, Mary Racelis, also engaging the basic sectors, local
enumerated National Government governance scaling up reforms towards
advocacy and implementation strategies the realization of the MDGs
toward the Millennium Development Goals 7. Briefing Congress – Senate and House
(MDGs). These are: of Representatives – to promote urgent
1. Issuing regularyly the Philippine and responsive legislation for achieving
Progress Report on the MDGs after a MDGs and ensure corresponding
multi-stakeholder review (every 18-24 budget allocations: House of
months), using it as a tool for Representatives Special Committee
awareness raising, advocacy, alliance headed by a strongly committed
building, renewal of political Congresswoman provides oversight
commitments, and compliance function
monitoring
2. Promoting workshops at national, With this, assessment of Philippines
regional, and local levels on progress toward the MGD Goals and
mainstreaming the MDGs, enhancing Targets are emphasize to wit:
the capacity to monitor global human Goal 1: Eradicate extreme poverty and
commitments; upgrading statistical hunger
capacities to measure MDG progress Target 1: Reduce extreme poverty (by ½)
and utilize appropriate indicators; Target 2: Food and nutrition, especially under-five
children (reduce malnutrition by ½)
assessing MDG performance relative to
other Asia-Pacific countries;
Goal 2: Achieve universal primary
establishing the Social Development
education
Management Information System Target 3: Primary education (universal)
(SOMIS), etc.
3. Accounting for how much goes to MDG- Goal 3: Promote gender equality
related programs, activities and projects Target 4: Gender disparity in education (universal)
by linking the Medium-Term Philippine
Development Plan (MTPDP) 2004-2010, Goal 4: Reduce child mortality
Target 5: Under-five mortality (reduce by 2/3)
to the MDGs, with targets specified for
Target 6: Maternal mortality (by ¾)
2010 also Target 7: Reproductive health access (universal)
4. Identifying investments per goal and
target through the Medium-Term Public Goal 6: Combat HIV/AIDS, malaria, and
Investment Program (MTPIP), 2005- other diseases
2010 that integrates planning, Target 8: HIV/AIDS (halt and reverse)
programming and budgeting Target 9: Malaria and other major diseases (half
and reverse)
5. Urging the involvement of civil society
organizations (CSOs), the business
Goal 7: Ensure environmental
sustainability
Target 10: Sustainable development and
environmental losses (reverse
Target 11: Safe drinking water (reduce lack of
access by ½)
Target 12: Slum dwellers (significant improvement
in the lives of 100 million worldwide by
2020)
Goal 8: Develop a global partnership for
development
Target 13: Trading and financial system;
governance, development, and poverty
Target 14: Debt management
CONCEPT OF SOCIAL MOVEMENTS
Social movements are purposeful,
organized groups that strive to work
toward a common social goal. While most
of us learned about social movements in
history classes, we tend to take for granted
the fundamental changes they caused —
and we may be completely unfamiliar with
the trend toward global social movements.
But from the antitobacco movement that
has worked to outlaw smoking in public
buildings and raise the cost of cigarettes,
to political uprisings throughout the Arab
world, movements are creating social
change on a global scale.
Social movements can be thought of
as organized yet informal social entries
that are engaged in an extra-institutional
conflict that is oriented towards a goal
which can be concrete and narrow policy
or aimed at cultural change (EBSCO
Research Starters, 2009).
There have been many social
movements throughout history that have
dramatically changed the societies in
which they occurred. Social movements
have varied widely in their ideologies, some
have been revolutionary in their aims,
some have advocated reforms to the
existing changes system, and others have
been conservative in their orientation and
have worked to oppose changes in society.
In scope, social movements are varied also;
many changes are limited to local policies
and others have been international in their
focus (Christiansen, 2009).
We know that social movements can
occur on the local, national, or even global
stage. Are there other patterns or
classifications that can help us
understand them? Sociologist David Aberle
(1966) addresses this question by
developing categories that distinguish
among social movements based on what
they want to change and how much
change they want. 
 Reform movements seek to change
something specific about the social
structure.
 Revolutionary movements seek to
completely change every aspect of
society.
 Religious/Redemptive movements are
“meaning seeking,” and their goal is to
provoke inner change or spiritual growth
in individuals.
 Alternative movements are focused on
self-improvement and limited, specific
changes to individual beliefs and
behavior.
 Resistance movements seek to prevent
or undo change to the social structure
Stages of Social Movements
Later sociologists studied the
lifecycle of social movements—how they
emerge, grow, and in some cases, die out.
Blumer (1969) and Tilly (1978) outline a
four-stage process. In the preliminary
stage, people become aware of an issue,
and leaders emerge. This is followed by
the coalescence stage when people join
together and organize in order to publicize
the issue and raise awareness. In
the institutionalization stage, the
movement no longer requires grassroots
volunteerism: it is an established
organization, typically with a paid staff.
When people fall away and adopt a new
movement, the movement successfully
brings about the change it sought, or when
people no longer take the issue seriously,
the movement falls into the decline stage.
Each social movement discussed earlier
belongs in one of these four stages.
Basic features of Social movements
1. social movements have been
powerful means for ordinary people
to participate directly in creating
positive social change
2. they are deeply grounded in our
founding values of justice,
democracy, civil rights etc.
 3. it addresses an injustice that
violates central human and cultural
values
4. it should secure the public support
5. social movements must be non-
violent
Four stages of Social Movements
 Emergence. Within this stage, social
movements are very preliminary,
and there is little to no organization.
Ex. The early 1950’s for the Civil
Rights Movement.
 Coalescence. At this stage, social
movements have overcome obstacles
which many never overcome. It is
characterized by a more clearly
defined sense of discontent, a sense
of what the unease is all about and
who or what is responsible. Ex.
American civil rights movement.
 Bureaucratization. This stage is
characterized by higher levels of the
organization and coalition-based
strategies. In this stage, social
movements can no longer just rely
on mass rallies or inspirational
leaders; they must rely on trained
staff to carry out the functions of
organizations. Ex. Gay rights
movement.
 Decline. It does not necessarily mean
failure of social movements as Miller
(1999) argues that there are four
ways in which social movements can
decrease namely: Success,
Organized failure, Co-optation,
Repression.
Functions and Contributions of Social
Movements
Guinier & Torres (2014) in an article
entitled “Changing the Wind: Notes toward
a Demosprudence of Law and Social
Movements” published in Yale Law
Journal claimed that:
 Social movements have played key
roles in redefining the meaning of
our democracy by creating necessary
conditions for a genuine” community
of consent”.
 Social movements build solidarity
through “a continuous series of
interactions between power holders
and persons successfully claiming to
speak on behalf of a constituency
lacking formal representation, “as
well as through connective
structures and shared identities that
sustain collective action.
 Social movements tend to emerge
initially as a local source of power
and moral authority.
 Social movements create
constituencies of accountability and
alternative authoritative interpretive
communities that draw on local
resources (networks, information,
relationships, and cultural symbols)
to ground the lawmaking process in
a moral vision that forces both their
legal advocates and the larger
society to begin to contend with
issues of substantive justice.
 Social movements may ultimately
succeed in changing public opinion.
Or minorities – through social
movements – can attract more
supporters, influence a political
majority, and thus succeed in
conventional politics through their
disproportionate and concentrated
attention on gaining access to
legislation or the executive branch.
 Social movements influence
lawmaking, which then shapes the
agenda of the social movement.
Even when they fail, social
movements may still provide a valuable
window on lawmaking because they bring
to the fore conceptions of substantive
justice, not just procedural fairness. Social
movements, whether of the political right
or left, help narrate new social meanings,
often through their interaction with, and
resistance to, more conventional
understanding.
In her work, Adrianne L. Banga
stated that Social movements are not just
about adherence on a certain belief or
ideology. Social movements are more than
just organized group of people bounded by
common goal. Social movement are the
best reminders that poverty and
socioeconomic inequality continues to
linger in the society. A society without any
social movements is utopian one. As long
as there is an unequal society, social
movements will never cease to exist.
Lesson
15 Citizenship
ARTICLE IV
CITIZENSHIP
SECTION 1. The following are citizens of
the Philippines:
(1) Those who are citizens of the
Philippines at the time of the adoption
of this Constitution;
(2) Those whose fathers or mothers are
citizens of the Philippines;
(3) Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority; and
(4) Those who are naturalized in
accordance with law.
Meaning of citizenship and citizen
(1) Citizenship is a term denoting
membership of a citizen in a political
society, which membership implies,
reciprocally, a duty of allegiance on
the part of the member and duty or
protection on the part of the State.
(2) Citizen is a person having the title of
citizenship. He is a member of a
democratic, community who enjoys
full civil and political rights, and is
accorded protection inside and
outside the territory of the State.
Along with other citizens, they
compose the political community.
(3) To be a Filipino citizen, a person
must belong to any of the classes of
citizens enumerated in Section 1.
Distinguished from nationality and
nationals
From the point of view of
international law, the terms
“citizenship” and “citizens” do not
exactly mean the same as “nationality”
and national.”
The latter terms have a broader
meaning, embracing all who owe
allegiance to a state, whether
democratic or not without thereby
becoming citizens. Thus, prior to the
granting of Philippine independence by
the United Sates on July 4, 1946, the
Filipinos were deemed American
nationals because they owed allegiance
to the United States but were not
citizens thereof.
We can, thereof, say that the
nationals of a state include not only its
citizens who enjoy full civil and political
privileges but also all others who are
not its citizens, but because they owe
allegiance to it, are not regarded as
aliens. While all citizens are nationals
of a state, not all nationals are citizens
of state.
Meaning of subject and alien
(1) A citizen is a member of a
democratic community who enjoys
full civil and political rights. In a
monarchial state, he is often called
subject.
(2) An alien is a citizen of a country who
is residing in or passing through
another country. He is probably
called “foreigner”. He is not given the
full rights to citizenship (such as the
right to vote and to hold public
office) but is entitled to receive
protection as to his person and
property.
General ways of acquiring citizenship
They are:
(1) Involuntary method. – By birth,
because of blood relationship or
place of birth; and
(2) Voluntary method. – By
naturalization, except in case of
collective naturalization of the
inhabitants of a territory correspond
to the two kinds of citizens –
naturals-born and naturalized
citizens.
Citizens by birth.
They are two principles or rules that
govern citizenship by birth, namely:
(1) jus sanguinis. – blood relationship is
the basis for the acquisition of
citizenship under this rule. The
children follow the citizenship of the
 parents or one of them. This is the
predominating principle in the
Philippines (see Sec.1[2]); and
(2) jus soli or jus loci. – place of birth
serves as the basis for acquiring
citizenship under this rule. A person
becomes a citizen of the state where
he is born irrespective of the
citizenship of the parents. This
principle prevails in the United
States. It does not mean though that
the principle of jus sanguinis is not
likewise recognized.
Citizens at the time of the adoption of
the Constitution
The citizens referred to are those
considered Filipino citizens under the
1973 Constitution at the time of the
effectivity of the new Constitution on
February 2, 1987 by virtue of Proclamation
No. 58 of the President.
Citizens by blood relationship
The Philippines, in accordance with
Section 1, paragraph 2, follows the
principle of jus sanguinis. In the
determination of the citizenship of the
child, Filipino mothers are places by the
Constitution on equal footing with their
husbands. This dignifies the Filipino
woman. The father or mother may be a
natural-born Filipino or a Filipino by
naturalization or by election. Under the
Provision, a child born of a Filipino citizen
is a citizen of the Philippines although
illegitimate since the Constitution does not
make any distinction.
If the child is born in a state where the
rule of jus soli obtains, or the child’s father
or mother is an alien whose country
follows also the principle of jus sanguinis,
it would be a case of dual citizenship. (See
Sec. 4)
Citizens through election under the
1935 Constitution
Under the 1935 Constitution, a child
born of a Filipino mother, who was
married to a foreigner, is born an alien and
remains an alien during his minority until
he elects Philippine citizenship. Prior to
such election, he has an inchoate right to
Filipino citizenship. If he is born after the
ratification of the 1973 Constitution on
January 17, 1973, he is a citizen under
Section 1, paragraph 2 thereof, making the
children of a female citizen Philippine
citizens without having to make an
election. In the latter instance, he is a
citizen from birth.
The rule then, as it is now, is that a
Filipina does not lose her citizenship by
her marriage to an alien. (Sec.4) however,
it is not clear whether those who had
elected citizenship under the 1935
Constitution (having been born before the
effectivity of the 1973 Constitution on
January 17, 1973) are to be considered as
natural born Filipino citizens. Under
section 1, paragraph 3 in relation to
Section 2, they are now declared as
natural-born citizens.
An illegitimate child follows the
citizenship of his legally known parents,
the mother. Hence, they are also no need
to elect Philippine citizenship.
Citizen by naturalization
In the contemplation of the
constitution, even those who are Filipino
citizens at birth and who cannot take
advantage of the right given to the children
of Filipino mothers, may become citizens
by naturalization. In other words,
citizenship may not be based on principle
on jus sanguinis.
Section 1 paragraph 4 which declares
as citizen of the Philippines those who are
those naturalized in accordance with law’’
possess great significance.
(1) Certain rights and privileges, duties
and obligations limited to Filipino
citizens. Under our constitution and
our laws, there are certain rights
and privileges that could be enjoyed
only by the Filipino citizens. Thus,
under the Constitution, only
qualified citizens can exercise the
right of suffrage. (Art. V, Sec. 1.) No
person may be elected President or
Vice-President or member of
Congress, or appointed member of
the Supreme Court or any lower
collegiate court, or member of any of
the Constitutional Commissions, or
of the Central Monetary Authority,
Ombudsman or his Deputy unless
he is a natural-born citizen of the
 Philippines. (see Art. VII, Secs. 2and
3; Art. VI, Secs.3 and 6; Art. VIII,
Sec. 7[1]; Art. IX, B-Sec. 1 [1], C-Sec
1[1], D-Sec. 1[1]; Art. XI, Sec. 8; Art.
XII, Sec 20)
From these position, naturalized
citizens and citizens by election are barred
by the constitution.
(2) Constitution Nationalistic in
character, - The constitution is
naturalistic in character. Even in
the preamble speaks of our
patrimony and of securing to ours
selves and “our prosperity” the
blessings of independence and
democracy.
(3) Care in granting or denying
privilege opf naturalization essential.
– If the privilege of naturalization
would be granted on easy terms of
foreigners not seriously intent on
acquiring Filipino citizenship but
only desirous of improving his
economic condition, then it is likely
that the nationalistic provisions if
the Constitution would be reduced
to a barren from the words.
On the other hand, extreme care
must be taken that our naturalization
law, in barring undesirable aliens, does
not unduly discourage the worthwhile
aliens who are likely to be valuable
additions to the rank of Filipinos. For
them, to right an application of a
naturalization law may prevent them
from attaining Philippine citizenship.
Not only they but the country maybe
loser.
The policy on the naturalization
should be guided by our own national
interest5. Perhaps the ideal is that only
those who have to love the country, who
have integrated themselves in the
citizenry, and who can contribute to the
development of the nation should be
conferred citizenship by naturalization.
Meaning of naturalization
Naturalization is the act of formally
adopting a foreigner into the political body
of the state and clothing him with the
rights a privilege of citizenship. It implies
the renunciation of a former nationality
and the facts of the entrance similar
relation towards a new body politic.
Ways of acquiring citizenship by
naturalization
A person may be naturalized in two
ways:
(1) By judgement of the court. -The
foreigner who wants to become a
Filipino citizen must apply for
naturalization with the proper
regional trial court. He must have all
the qualification and not
disqualifications provided by law,
and must comply with all procedure
and conditions prescribed. The
revised naturalization Act11 is the
present naturalization law. Such law
shall also continue in force pursuant
to the transitory provision of the
Constitution (Art XVIII, Sec 3.);
(2) By direct act of congress. – in this
case, our lawmaking body simply
enacts an act directly conferring
citizenship on a foreigner.
Section 2. Natural-born citizens are
those who are citizens of the Philippines
from birth without having to perform any
act to acquire or perfect their Philippine
citizenship. Those who elect Philippine
citizenship in accordance with paragraph
(3), Section 1 hereof shall be deemed
natural-born citizens.
Kinds of citizens under the
constitution.
They are:
(1) Natural-born citizens. – they refer to
those
(a) Who at the moment of their birth
are already citizens of the
Philippines, and
(b) Do not have perform any act to
acquire his Philippine citizenship.
So, a child born of Filipino
parents, or Filipino father, or a
Filipino mother after the
ratification of the 1973
constitution on January 17,
1973, is natural-born citizen. But
a natural-born citizen who has
lost his citizenship but
subsequently require it is not
 natural-born citizen in view of
letter (b) above.
The term, However, includes the citizen
mentioned in No. (2) (except naturalized
citizens) and No. (3) below. In effect, all
citizens are natural-born except those
who are naturalized and who
subsequently acquired their citizenship.
Those born of Filipino mothers before
January 17, 1973 but who failed to
elect Philippine citizenship upon
reaching the age of majority (see Sec. 3)
are aliens but they can be Filipino
citizens by naturalization;
(2) Citizen at the time of adoption of the
new constitution. – They refer to
those who are considered citizen of
the Philippines under the 1973
Constitution at the time if the
adoption of the new Constitution (su
pra);
(3) Citizens through elections. – They
refer to those born of Filipino
mothers before January 17 1973,
who, upon reaching the age of
majority, elect Philippine citizenship
after the ratification of the 1973
Constitution (even prior to the
effectivity of the new Constitution.
(sec. 1[3].) they are placed on the
level as those born of Filipino
mothers on or after January 17,
1973; and
(4) Naturalized citizen. – they refer to
those who were originally citizens of
another country, but who, by an
intervening act (i.e., naturalization),
have acquired new citizenship in a
different country.
Section 3. Philippine citizenship may be
lost or reacquired in the manner provided
by law.
Loss of citizenship
A Filipino citizen may lose his
citizenship in any of the following ways
and/or events:
(1) Voluntarily. – they are:
(a) By naturalization in a foreign
country;
(b) By express renunciation of
citizenship;
(c) By subscribing to an oath of
allegiance to support the
constitution and laws of a foreign
country; and
(2) Involuntarily. -They are:
(a) By cancellation of his certificate of
naturalization by the court; and
(b) By having been declared by
competent authority, a deserter in
the Philippine armed forces in the
time of war.
The voluntary loss or renunciation of
one’s nationality is called expatriation. In
time of war, however, a Filipino citizen
cannot expatriate himself.
Reacquisition of lost Philippine citizenship
Citizenship may be reacquired.
(1) By naturalization, provided the
applicant possesses none of the
disqualifications provided in the
naturalization law;
(2) By repatriation of deserters of the
Philippine armed forces and women
who lost their citizenship by the
reason of marriage to an alien, after
the termination of their material
status; and
(3) By direct act of the congress of the
Philippines.
Repatriation is effected by merely
taking the necessary oath of the allegiance
to the republic of the Philippines and
registering the same in the proper civil
registry.
Section 4. 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.
Effect of marriage of citizen to an alien.
Under Section 4, a citizen of the
Philippines who marries an alien does not
lose his/her Philippine citizenship even if
by the laws of his/her wife’s/husband’s
country, he/she acquires his/her
nationality.
Section 5. Dual allegiance of citizens is
inimical to the national interest and shall
be dealt with by law.
Duties and obligations of citizens.
Among others, the more important
duties and obligations of very citizen in a
democratic society are enumerated and
explained below
(1) To be loyal to thy republic . – By
loyalty, we mean faith and confidence
in the Republic and love and devotion
to the country. The citizen must be
proud of his country, its customs,
traditions, language, and institutions.
He must share in its glories and feel
sad in its misfortunes, it is the “home
of our people, the seat of our
affections, and the source of our
happiness and well-being.”
A citizen owes, to a qualified and
temporary, but an absolute and
permanent allegiance which consists
in the obligation of fidelity and
obedience to hi government. He must
not commit any act of disloyalty, such
as treason, rebellion, sedition or other
similar act. On the contrary, the
citizen must be willing and ready
whenever necessary to cast his life
and fortunes in defense of his country
(2) To defend the state. – Men may differ
and do differ on religious beliefs and
creeds, government policies, the
wisdom and validity of laws, even the
correctness of judicial decisions and
decrees, but in the field of love of
country, national unity, and
patriotism, they can hardly afford to
differ for these are matters in which
they are mutually and vitally
interested, for to them they mean
national existence or survival as a
nation or national extinction.
“love of country, however, is not
shown by words but by deeds. It
is not an occasional virtue to be
exhibited now and then; it is
flame hat should be kept
constantly aglow in our hearts. It
means an unflinching
determination to serve and
defend one’s country at all times
and at all cots”.
The citizens receive benefits
and protection from the State of
which they are a part. In return,
it is their primary and honorable
duty to defend it against any
peril, whether from within or
from without. See Art. III, Sec.3.)
(3) To contribute to the development
and welfare of the State. – The
development and welfare of the
state should be concern of every
citizen for he will be the first to
enjoy the benefits thereof.
Anything’s that affects the
country and the people as whole
indirectly affects him,
individually and personally. He
is affected by its ills and
disorder, its growth and stability.
(4) To uphold the constitution and
obey the laws. – The
Constitution is the expression of
the sovereign will of our people.
It is the shrine for all the hopes
and visions for our nation. Laws
are enacted in accordance with it
for the good of all. It is,
therefore, the duty of every
citizen to defend and respect the
Constitution and obey the laws.
(5) To cooperate with duly
constituted authorities. –
Community living imposes
obligations and responsibilities
upon the individual. The larger
interests of the group and the
nation that he must serve
necessarily involve in his own,
and he would be recreant to the
close of interests if he did not
actively concern himself with the
affairs of his government.
(6) To exercise rights responsibly
and with due regards for the
rights of others. – Society is
composed of men, each with
interest of his own. In the course
life, the interests man conflict
with those of many others.
Amidst the continuous clash of
interest, the ruling social
philosophy should be that, in the
ultimate social order, the welfare
of everyman depends upon the
welfare of all.
(7) To engage in gainful work. –
employment is not the obligation
solely of the state. (see Art. II,
Sec. (9) every citizen should
consider it his own responsibility
and should strive to become
useful and productive member of
the society to assure not only
 himself but, perhaps, more
important, his family a life
worthy of human dignity. “the
essence of life is worth”. Every
citizen should bear in mind that
only by hard and sustained work
can man and nation survive.
(8) To register and vote. -Suffrage is
both a privilege and a duty
which every qualified citizen
must perform. It is through
suffrage that the will of the
people will express. The quality
of public officials and the
policies of the administrator,
indeed the success or failure of
the government, depend, directly
or indirectly upon the voters.
With respect to foundlings, the
Supreme Court through Chief Justice
Sereno stated that the Philippine adoption
laws recognize foundlings or children with
no known parents as Filipino citizens.
Republic Act 8552 or the Act Establishing
Rules and Policies on Domestic Adoption
of Filipino and for other purposes,
particularly Section 5, states, “it shall be
the duty of the Department or child-caring
agency, which has custody of the child to
locate the biological parents. If efforts fail,
the child shall be considered a foundling.”
Meaning foundlings are covered by rules
on adoption of Filipino children
Sereno cited Republic Act 8043 or
the Act establishing rules to govern inter-
country adoption of Filipino children and
for other purposes, which she related to
Article 15 of the Civil Code that states
“laws relating to family rights and duties,
or to the status, condition and legal
capacity of persons are binding upon
citizens of the Philippines, even though
living abroad.” It means foundlings fall
within the coverage of the inter-country
adoption act of Filipino children. The
policy is to resolve in the best interest of
children because their concern is
paramount to the State.
Political Engagement
Lesson
and
16 Youth Empowerment
Concept of Civil Society
The United Nations (UN) defines Civil
society as the “third sector” of society,
along with government and business. It
comprises civil society organizations and
non-governmental organizations. The UN
recognizes the importance of partnering
with civil society, because it advances the
Organization’s ideals, and helps support
its work.
The World Health Organization
(WHO) claims that the Civil society is seen
as a social sphere separated from both the
state and the market. WHO further reports
that the increasingly accepted
understanding of the term civil society
organizations (CSOs) is that of non-state,
not-for-profit, voluntary organizations
formed by people in that social sphere.
The term is used to describe a broad
range of organizations, networks,
associations, groups and movements that
are independent of government and that
sometimes come together to advance their
common interests through collective
action.
The term NGO’s is used to describe
non-profit making, non-violent
organizations, which seek to influence the
policy of governments and international
organizations and to complement
government services (such as health and
education). They vary in their size, scope of
activity and goals. They may operate
nationally, or internationally.

Civil Society as “a web of human
relationships made of individual people,
their networks, organizations, and in
situations around which social and
community life is built. It is dynamic,
adaptive, at times nebulous, at times well-
structured, though much of it is informal.
Lederach (2001). To Lederach, the only
thing that is outside the definition of civil
society is the national and formal
structures of official political governance.
Kaldor (2003) gives examples of civil
society which includes, but not limited to
social movements, NGOs, and non-profit
organizations, advocacy networks, public
policy networks and religious
organizations.
Civil Society Organizations (CSOs)
include NGOs, trade unions, faith-based
organizations, indigenous peoples’
movements, foundations and many other.
Amanda Doronilla as mentioned by Diokno
(1997) claims that civil society covers all
institutions and groups engaging each
other in the democratization process, e.g.,
Church, business groups among others.
The Philippines is usually described
as an active civil society type where
thousands of voluntary organizations
addressing various concerns dot the
country’s socio-political landscape (The
Third World Studies Center, 1997).
Functions and Contributions of Civil
Organizations
Paffenholz and Spurk (2010) give seven
features that civil society plays in
peacebuilding. These functions are:
 protection
 monitoring
 advocacy and public communication
 social cohesion
 intermediation and facilitation
 service delivery
According to The Third World
Studies Center (1997), the civil society has
demonstrated their potential as
independent power centers and agents of
change. It has cumulatively pushed
forward the democratization project.
Civil society (Krut, 1997) is crucial to
democratization because it enables and
widens participation, protects citizens from
the abuse of state power, and guarantees
the political accountability of the state.
Civil society is a protector and guardian,
change-advocate and dispenser and
generator of social wealth and welfare.
Society prevents the state from
abusing its powers and at the same time
prods it to do better by being accountable
and transparent (Putman). Further, a
vibrant civil society leads to better
government. For David (1997) civil society
aims to transform unequal power relations
in six spheres: country and class; sector
and species; generation and gender.
Civil society provides social welfare
such as child care, adult literacy, health
and other services which the state is
unable to provide sufficiently; and
organizing relief and rehabilitation centers
in disaster and war-torn areas.
According to Mary Racelis, in her study,
she stated that civil society maybe seen as
fulfilling three roles to wit:
4. As part of society. This pertains to
organized groups (not the family,
and outside the market and the
state), mainly, community-based
organizations (CBOs),
nongovernmental Organizations
(NMGOs) trade unions, cooperative,
religious and faith-based groups,
academia, media, (possibly)
indigenous peoples.
5. As a kind of society. This means that
Civil Society serves as the promoter
of selected values and norms. Like
poverty eradication, human rights,
gender equality, environmental
sustainability, international fair-
trade regimes, peace, anti-small
landmines, and meeting social goals.
6. As the public sphere. It is an arena
for broad-based debate and
institutional collaborations;
partnerships and networks;
guarding of public democratic
spaces, monitoring government and
sometimes private sector
performance; self-monitoring.
 Furthermore, Mary Racelis, also engaging the basic sectors, local
enumerated National Government governance scaling up reforms towards
advocacy and implementation strategies the realization of the MDGs
toward the Millennium Development Goals 14. Briefing Congress – Senate and
(MDGs). These are: House of Representatives – to promote
8. Issuing regularyly the Philippine urgent and responsive legislation for
Progress Report on the MDGs after a achieving MDGs and ensure
multi-stakeholder review (every 18-24 corresponding budget allocations:
months), using it as a tool for House of Representatives Special
awareness raising, advocacy, alliance Committee headed by a strongly
building, renewal of political committed Congresswoman provides
commitments, and compliance oversight function
monitoring
9. Promoting workshops at national, With this, assessment of Philippines
regional, and local levels on progress toward the MGD Goals and
mainstreaming the MDGs, enhancing Targets are emphasize to wit:
the capacity to monitor global human Goal 1: Eradicate extreme poverty and
commitments; upgrading statistical hunger
capacities to measure MDG progress Target 1: Reduce extreme poverty (by
and utilize appropriate indicators; ½)
assessing MDG performance relative to Target 2: Food and nutrition,
other Asia-Pacific countries; especially under-five children
establishing the Social Development (reduce malnutrition by ½)
Management Information System Goal 2: Achieve universal primary
(SOMIS), etc. education
10. Accounting for how much goes to Target 3: Primary education
MDG-related programs, activities and (universal)
projects by linking the Medium-Term Goal 3: Promote gender equality
Philippine Development Plan (MTPDP) Target 4: Gender disparity in
2004-2010, to the MDGs, with targets education (universal
specified for 2010 also Goal 4: Reduce child mortality
11. Identifying investments per goal and Target 5: Under-five mortality
target through the Medium-Term Public (reduce by 2/3)
Investment Program (MTPIP), 2005- Target 6: Maternal mortality (by ¾)
2010 that integrates planning, Target 7: Reproductive health access
programming and budgeting (universal)
12. Urging the involvement of civil Goal 6: Combat HIV/AIDS, malaria, and
society organizations (CSOs), the other diseases
business sector, and international Target 8: HIV/AIDS (halt and
multilateral and bilateral donors. reverse)
 Civil society: NGOs as partners, Target 9: Malaria and other major
especially Social Watch Philippines; diseases (half and reverse)
 Academe: enhancing schools of public Goal 7: Ensure environmental
administration outreach to LGUs for sustainability
training in good governance that Target 10: Sustainable development
incorporates MDGs and environmental losses (reverse
13. Launching the “10 to 10 Campaign: Target 11: Safe drinking water
Engaging People and Communities: (reduce lack of access by ½)
Advancing Governance Reforms Target 12: Slum dwellers (significant
towards the Realization of the MDGs” – improvement in the lives of 100
from October to December 2004, million worldwide by 2020)
President Macapagal-Arroyo’s 10-point Goal 8: Develop a global partnership for
legacy, especially human rights, gender; development
public administration reform for service Target 13: Trading and financial
delivery, environmental governance, system; governance, development, and
anti- poverty and empowering and poverty
 Target 14: Debt management
CONCEPT OF SOCIAL MOVEMENTS
Social movements are purposeful,
organized groups that strive to work
toward a common social goal. While most
of us learned about social movements in
history classes, we tend to take for granted
the fundamental changes they caused —
and we may be completely unfamiliar with
the trend toward global social movements.
But from the antitobacco movement that
has worked to outlaw smoking in public
buildings and raise the cost of cigarettes,
to political uprisings throughout the Arab
world, movements are creating social
change on a global scale.
Social movements can be thought of
as organized yet informal social entries
that are engaged in an extra-institutional
conflict that is oriented towards a goal
which can be concrete and narrow policy
or aimed at cultural change (EBSCO
Research Starters, 2009).
There have been many social
movements throughout history that have
dramatically changed the societies in
which they occurred. Social movements
have varied widely in their ideologies, some
have been revolutionary in their aims,
some have advocated reforms to the
existing changes system, and others have
been conservative in their orientation and
have worked to oppose changes in society.
In scope, social movements are varied also;
many changes are limited to local policies
and others have been international in their
focus (Christiansen, 2009).
We know that social movements can
occur on the local, national, or even global
stage. Are there other patterns or
classifications that can help us
understand them? Sociologist David Aberle
(1966) addresses this question by
developing categories that distinguish
among social movements based on what
they want to change and how much
change they want. 
 Reform movements seek to change
something specific about the social
structure.
 Revolutionary movements seek to
completely change every aspect of
society.
 Religious/Redemptive movements are
“meaning seeking,” and their goal is to
provoke inner change or spiritual growth
in individuals.
 Alternative movements are focused on
self-improvement and limited, specific
changes to individual beliefs and
behavior.
 Resistance movements seek to prevent
or undo change to the social structure
Stages of Social Movements
Later sociologists studied the
lifecycle of social movements—how they
emerge, grow, and in some cases, die out.
Blumer (1969) and Tilly (1978) outline a
four-stage process. In the preliminary
stage, people become aware of an issue,
and leaders emerge. This is followed by
the coalescence stage when people join
together and organize in order to publicize
the issue and raise awareness. In
the institutionalization stage, the
movement no longer requires grassroots
volunteerism: it is an established
organization, typically with a paid staff.
When people fall away and adopt a new
movement, the movement successfully
brings about the change it sought, or when
people no longer take the issue seriously,
the movement falls into the decline stage.
Each social movement discussed earlier
belongs in one of these four stages.
Basic features of Social movements
6. social movements have been
powerful means for ordinary
people to participate directly in
creating positive social change
7. they are deeply grounded in our
founding values of justice,
democracy, civil rights etc.
8. it addresses an injustice that
violates central human and
cultural values
9. it should secure the public
support
10. social movements must be
non-violent
Four stages of Social Movements
 Emergence. Within this stage, social
movements are very preliminary,
and there is little to no organization.
 Ex. The early 1950’s for the Civil
Rights Movement.
 Coalescence. At this stage, social
movements have overcome obstacles
which many never overcome. It is
characterized by a more clearly
defined sense of discontent, a sense
of what the unease is all about and
who or what is responsible. Ex.
American civil rights movement.
 Bureaucratization. This stage is
characterized by higher levels of the
organization and coalition-based
strategies. In this stage, social
movements can no longer just rely
on mass rallies or inspirational
leaders; they must rely on trained
staff to carry out the functions of
organizations. Ex. Gay rights
movement.
 Decline. It does not necessarily mean
failure of social movements as Miller
(1999) argues that there are four
ways in which social movements can
decrease namely: Success,
Organized failure, Co-optation,
Repression.
Functions and Contributions of Social
Movements
Guinier & Torres (2014) in an article
entitled “Changing the Wind: Notes toward
a Demosprudence of Law and Social
Movements” published in Yale Law
Journal claimed that:
 Social movements have played key
roles in redefining the meaning of
our democracy by creating necessary
conditions for a genuine” community
of consent”.
 Social movements build solidarity
through “a continuous series of
interactions between power holders
and persons successfully claiming to
speak on behalf of a constituency
lacking formal representation, “as
well as through connective
structures and shared identities that
sustain collective action.
 Social movements tend to emerge
initially as a local source of power
and moral authority.
 Social movements create
constituencies of accountability and
alternative authoritative interpretive
communities that draw on local
resources (networks, information,
relationships, and cultural symbols)
to ground the lawmaking process in
a moral vision that forces both their
legal advocates and the larger
society to begin to contend with
issues of substantive justice.
 Social movements may ultimately
succeed in changing public opinion.
Or minorities – through social
movements – can attract more
supporters, influence a political
majority, and thus succeed in
conventional politics through their
disproportionate and concentrated
attention on gaining access to
legislation or the executive branch.
 Social movements influence
lawmaking, which then shapes the
agenda of the social movement.
Even when they fail, social
movements may still provide a valuable
window on lawmaking because they bring
to the fore conceptions of substantive
justice, not just procedural fairness. Social
movements, whether of the political right
or left, help narrate new social meanings,
often through their interaction with, and
resistance to, more conventional
understanding.
In her work, Adrianne L. Banga stated that
Social movements are not just about
adherence on a certain belief or ideology.
Social movements are more than just
organized group of people bounded by
common goal. Social movement are the
best reminders that poverty and
socioeconomic inequality continues to
linger in the society. A society without any
social movements is utopian one. As long
as there is an unequal society, social
movements will never cease to exist.