WEEK 13: LOCAL GOVERNMENT AND DECENTRALIZATION

LOCAL GOVERNMENT

The Constitution of the Philippines recognizes the importance of local governments. It provides as a policy that "the State
shall guarantee and promote the autonomy of the local government units -- especially the barangays -- to ensure their fullest
development as self-reliant communities."

Local governments constitute the foundation of the entire structure of the government. The acts of the local government
units affect the ordinary citizen more directly than those of the national government. The average citizen has more and
closer contacts with the local governments and their agencies than with the national or provincial government, and is more
concerned with the local affairs than with those of the national or provincial in scope.

1. PROVINCES

The provincial government takes care of the function so which affect the people of a certain province. The province is the
largest political unit in the Philippines. It possesses the following powers --- 1) to acquire and transfer real and personal
properties, 2) to enter into contracts, including those incurring obligations, which are expressly provided by law; and 3) to
exercise such other rights and incur such other obligations as are expressly authorized by law.

The provincial board is the law-making body of the province, with the provincial governor serving as the presiding officer.
Some of its most important functions are as follows: a) it passes laws for the welfare of the municipalities and cities within its
jurisdiction; b) it prepares and approves the provincial budget; c) it appropriates money for provincial purposes; d) it
exercises the power of eminent domain; and e) it provides for the maintenance of equipment and buildings for provincial
purposes. The board holds a regular weekly meeting upon a day fixed by it. Special meetings, however, may be called by
the provincial governor on any day.

MUNICIPALITIES

Each province is composed of municipalities commonly called towns. The municipality is a public corporation created by an
act of congress and is governed by the Municipality Law, which defines its duties and powers. Being public corporations,
municipalities can sue or be sued in court; enter into contracts; acquire and hold real and personal properties for municipal
purposes; and exercise such other powers as are granted by law. Municipalities are classified according to their average
annual income for the last four fiscal years. There are 1,540 municipalities in the Philippines. They are autonomous units of
government and have elective and appointive officials. The elective officials are the municipal mayor, vice mayor, and
councilors. They are elected by the qualified voters for a term of three years. They cannot serve for more than three
consecutive terms. The appointive officials are the municipal secretary, treasurer, justice of the peace, and chief of police.
The municipal mayor is the chief executive officer of the town. His main functions are: 1) to execute all laws and municipal
ordinances; 2) to supervise the administration of the town; 3) to issue orders relative to the maintenance of peace and order;
4) to preside over the meetings of the municipal council; and 5) to recommend measures to the municipal council aimed at
the improvement of the social and economic conditions of the people. The municipal councils are the lawmaking body of the
town and is composed of the mayor -- who is the chairman of the council -- vice mayor, and the councilors. The number of
councilors for each municipality depends upon the class to which the municipality belongs. Each councilor is in-charge of a
village or barangay. Some of the more important mandatory powers of the municipal council are the following: 1) to fix the
salaries of all municipal offices and employees, except the treasurer, teachers in the public schools, and staff of national
government agencies assigned to the municipality; 2) to provide for expenses necessary to carry out the functions of the
municipality; 3) to provide for buildings adequate for municipal uses, including school houses; 4) to provide for the levy and
collection of taxes, fees, and charges as sources of municipal revenue; and 5) to establish and maintain an efficient police
department and an adequate municipal jail.

CITIES

The chartered city is also a unit of local administration. It is created by a special law which serves as its charter. The charter
is the constitution of the city. The charter creates the city, defines its boundaries, provides its system of government, and
defines the powers and duties of its officials. A city or any of its officials cannot perform any official act which is not permitted
by its charter. The city elective officials are the mayor, vice mayor, and the members of the city council. They are elected for
a term of three years. They cannot serve for more than three consecutive terms. The mayor is the executive official of the
city, aided by the appointive heads of the various departments. The vice mayor is the presiding officer of the board. And the
city courts exercise judicial functions. The lawmaking body of the city is council. Among its important functions are as
follows: 1) to levy and collect taxes in accordance with law; 2) to enact ordinances; 3) to provide for public works
constructions and for the maintenance of a local police force; 4) to establish fire zones within the city and to regulated the
type of building which may be constructed within each zone; and 5) to provide for the protection of the inhabitants from
public calamities and to provide relied in times of emergency. There are 67 chartered cities in the Philippines.

BARANGAYS

Each municipality or city is composed of a number of villages or barangays. The barangays are the smallest units of local
government in the Philippines. They are governed by the Barrio Charter. The elective officials of the barangays are the
Barangay Captain and the Barangay Councilors. As chief executive, the barangay captain is its recognized leader. He
enforces all the laws and ordinances applicable to his constituency. He may organize fire brigades, preside over all
meetings both of the barangay council and assembly, organize groups of citizens to fight criminality and brigandage, and
approve all payments from barangay funds. He also sings all contacts in which the barangay is a party. There are 41, 945
barangays in the Philippines. They are public corporations and so, they can sue and be sued in court; can enter into
contracts, can acquire and hold all kinds of property; and can exercise such powers or perform such acts as are provided by
law.

B. DECENTRALIZATION

Decentralization is defined as the transfer of power and authority from central institution to lower or local levels of a
government system. According to Raul P. De Guzman, decentralization generally refers to the systematic and rational
dispersal of power, authority and responsibility from the center to the periphery, from top to lower levels, or from national to
local governments.

Decentralization refers to the transfer of powers from central government to local levels in a political-administrative and
territorial hierarchy. This process allows the participation of the people and the local government.

Decentralization hands over political, financial and administrative authority from central to local governments, so that the
government can facilitate and guarantee better public services for the people.

Three Forms of Decentralization

1. Devolution – transfer of power and authority from the national government to local government units; political and
territorial decentralization
2. Deconcentration – transfer of power, authority or responsibility or the discretion to plan, decide and manage from
central to local levels; administrative and sectoral decentralization
3. Debureaucratization – transfer of some public functions and responsibilities, which government may perform to
private entities or non-government organizations (NGOs). It involves the harnessing of the private sector and non-
governmental organizations in the delivery of services through various modalities including contracting out, private-
public partnership and joint ventures.

DECENTRALIZATION AND LOCAL GOVERNANCE

Three Components of Decentralization:

1. Political Decentralization - focuses among others on improved planning and monitoring of development measures,
formulating strategies for the active integration of civil society and the economic sector, and the promotion of
information exchange and management.
2. Fiscal Decentralization – focuses on the increase in local government’s responsibility for expenditures
3. Institutional Decentralization - focuses among others on the delivery of basic services from the national
government to the local government units concerned

Indicators of Political Decentralization:

1. Accountability – local committees consisting of men and women work in selected LGUs according to the
guidelines of the Local Government Code of 1991 to implement result-oriented & target-relevant decisions and
measures.
2. Transparency – selected LGUs and national organizations/departments publish their annual budgets in media
accessible to citizens such as newspapers, bulletin boards at the town hall and churches; and report semi-annually
on the implementation status of programs in citizen’s assemblies.
3. Responsibility and Participation – The portion of programs and projects realized by LGUs through active and
quantifiable participation, such as job performance & financial contributions of citizens.

A. THE BILL OF RIGHTS: ART. 3

SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.

A person may be deprived by the State of his life, liberty or property provided due process of law is observed. But what is
meant by due process of Law?

Two Aspects of Due Process of Law.

1. Procedural due process which refers to the method or manner by which the law is enforced. It requires, to
paraphrase Daniel Webster’s famous definition, a procedure, “which hears before it condemns, which proceeds
upon inquiry and renders judgment only after trial.” An indispensable requisite of this aspect of due process is the
requirement of NOTICE and HEARING (emphasis supplied)
 2. Substantive due process which requires that the law itself, not merely the procedures by which the law would be
enforced, is fair, reasonable and just. In other words, no person shall be deprived of his life, liberty or property for
arbitrary reasons or on flimsy grounds.

Meaning of equal protection of laws. It signifies that “all persons subject to legislation should be treated alike, under like
circumstances and conditions both in the privilege conferred and liabilities imposed.

SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.

Meaning of Search Warrant and Warrant of Arrest.

1. A search warrant is an order in writing, issued in the name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding him to search for certain personal property and bring it
before the court. (Rules of Court, Rule 126, Sec. 1.).
2. If the command is to arrest a person designated, i.e., to take him into custody in order that he may be
bound to answer for the commission of an offense, the written order is called warrant of arrest.

SECTION 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of
the court, or when public safety or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose
in any proceeding.

SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of
the people peaceably to assemble and petition the government for redress of grievances.

SECTION 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof.
The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil or political rights.

SECTION 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired
except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.

SECTION 7. The right of the people to information on matters of public concern shall be recognized. Access to
official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.

SECTION 8. The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall not be abridged.

SECTION 9. Private property shall not be taken for public use without just compensation.

Essential or inherent powers of government.

(1) Totality of governmental power – it is contained in three great powers, namely: power of eminent domain, police power,
and power of taxation

SECTION 10. No law impairing the obligation of contracts shall be passed.

A law which changes the terms of a legal contract between parties, either in the time or mode of performance, or imposes
new conditions, or dispenses with those expressed, or authorizes for its satisfaction something different from that provided
in its terms, is a law which impairs the obligation of a contract and is null and void.

SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied
to any person by reason of poverty.

Those protected under this Constitutional provision include low paid employees, domestic servants and laborers. They need
not be persons so poor that they must be supported at public expense. “It suffices that plaintiff is indigent. And the difference
between ‘paupers’ and ‘indigent’ is that the latter are ‘persons who have no property or sources of income sufficient for their
support aside from their own labor though self-supporting when able to work and in employment.”
SECTION 12. (1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his own choice.
If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are
prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation
to and rehabilitation of victims of torture or similar practices, and their families.
SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of
guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall
enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However,
after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly
notified and his failure to appear is unjustifiable.

Rights of the Accused.

1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard, which includes:
1) The right to be present at the trial
2) The right to counsel;
3) The right to an impartial judge
4) The right of confrontation
5) The right to compulsory process to secure the attendance of witnesses.
4. Right to be informed
5. Right to speedy trial
6. Right to an impartial trial
7. Right to a public trial
SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or
rebellion when the public safety requires it.
Meaning of Writ of Habeas Corpus and “privilege of the writ of habeas corpus.
Writ of Habeas Corpus - A writ directed to the person detaining another, commanding him to produce the body of the
prisoner at a designated time and place, with the day and reason of his caption and detention, to do, submit to, and receive
whatever the court or judge awarding the writ shall consider in that behalf. Hence, an essential requisite for the availability of
the writ is actual deprivation of personal liberty. The “privilege of the writ of habeas corpus” is the right to have an immediate
determination of the legality of the deprivation of physical liberty.
SECTION 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi
judicial, or administrative bodies.

The Right to a Speedy Trial in Section 14 vs. The Right to a Speedy Disposition of Cases in Section 16. Speedy trial
in Section 14 covers only the trial phase of criminal cases, whereas, Section 16 covers all phases of any judicial, quasi-
judicial or administrative proceedings.

SECTION 17. No person shall be compelled to be a witness against himself.

Purpose of the guarantee against self-incrimination.

It was established on the grounds of public policy and humanity. Of policy, because, if the party were required to testify, it
would place the witness under the strongest temptation to commit perjury; and of humanity, because, it would prevent the
extorting of confession by duress.

SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have
been duly convicted.
Right against Detention by reason of Political Beliefs.
This safeguards everyman’s ideals and principles regarding his political outlook. Radical political beliefs, however, which are
being propagated to subvert duly constituted authorities, are not covered by the protection being contrary to the democratic
ideals enshrined in the Constitution.
Meaning of Involuntary Servitude.
It is every condition of enforced or compulsory service of one to another no matter under what form such servitude may be
disguised.

SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the
use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

Penalty is said to be “cruel, degrading or inhuman.”

It takes more than merely being harsh, excessive, out of proportion or severe for a penalty to be obnoxious to the
Constitution. “The fact that the punishment authorized by the statute is severe does not make it cruel and unusual.”
Expressed in other terms, it has been held that to come under the ban, the punishment must be “flagrantly and plainly
oppressive.”
SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Meaning of “debt.” – It means any liability to pay money growing out of a contract, express or implied.

Meaning of a “poll tax.” – A poll tax is understood as the cedula tax or residence tax. The Constitution does not prohibit
the cedula tax but it prohibits imprisonment for non-payment of the cedula or residence tax. A poll tax may also be
understood as a tax, the payment of which is made a requirement for the exercise of the right of suffrage.

SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by
a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the
same act.

Right against Double Jeopardy.

It means that the accused can only be prosecuted once for the same offense. A second prosecution after the termination of
the first will be a double jeopardy if the second case involves the same act. The purpose of this Constitutional right is to
establish a rule of finality. To hold otherwise would be to forever place the accused under a state of possible harassment by
the Government and its witnesses.

SECTION 22. No ex post facto law or bill of attainder shall be enacted.

Meaning of an ex post facto law.

An ex post facto law has been defined as one:

Which makes an action done before the passing of the law and which was innocent when done criminal, and
punishes such action; or

An ex post facto law places an accused to a disadvantage because when he committed the act being punished
same was not yet punishable or that when he did same act, he was still entitled to some benefit as an accused
which the ex post facto law either eliminates or diminishes.

B. ELECTIONS: ART. 5 SUFFRAGE AND ART. 9, CONSTITUTIONAL COMMISSIONS, COMELEC

ARTICLE V - SUFFRAGE

SECTION 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by law, who are
at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place
wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or
other substantive requirement shall be imposed on the exercise of suffrage.
Nature of Suffrage.
1. A mere privilege. – Suffrage is not a natural right of the citizens but merely a privilege to be given or withheld by the
lawmaking power subject to constitutional limitations. Suffrage should be granted to individuals only upon the fulfillment
of certain minimum conditions deemed for the welfare of society.
2. A political right. – In the sense of a right conferred by the Constitution, suffrage is classified as a political right,
enabling every citizen to participate in the process of government to assure that it can truly be said to derive its powers
from the consent of the governed.

Scope of Suffrage.
1. Election which is the expression of a choice of persons for political officers by the votes of a body politic
 2. plebiscite which is a name given to a vote of the enfranchised mass of the population expressing their choice for or
against a proposed law or enactment submitted to them and which, if adopted, will work a radical change in the
Constitution. (9 R.C.L. 976).
3. Referendum – it is the submission of a law or part thereof passed by the national or local legislative body to the
voting citizens of a country for their ratification or rejection. (See Art. VI, Sec. 32.);
4. Initiative – It is the process whereby the people directly propose and enact laws. Congress is mandated by the
Constitution to provide as early as possible for a system of initiative and referendum. (Art. VI, Sec. 32).
Amendments to the Constitution may likewise be directly proposed by the people through initiative (Art. XVII, Sec.
2.); and
5. Recall – It is a method by which a public officer may be removed from office during his tenure or before the
expiration of his term by a vote of the people after registration of a petition signed by a required percentage of the
qualified voters. (Art. X, Sec. 3).

Constitutional qualifications of voters.

1. He must be a citizen (male or female) of the Philippines
2. He is not otherwise disqualified by law
3. He is at least eighteen (18) years of age
4. He has resided in the Philippines for at least one (1) year and in the place wherein he propose to vote for at least six
(6) months preceding the election.

SECTION 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a
system for absentee voting by qualified Filipinos abroad.
[2] The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of
other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on
Elections may promulgate to protect the secrecy of the ballot.

System for securing the secrecy and sanctity of the ballot.

In a democratic system, the right to vote has the Constitutional guarantee of utmost significance. Sovereignty resides in the
people. (Art. II, Se. 1). It is the right of the voter to exercise freely his right without the influence of outside threats,
intimidation of corrupt motives of the external forces in order to secure a fair and honest count of the ballots. It is therefore
the obligation of the Congress to provide a system for securing the secrecy and sanctity of the votes of the people.

On absentee voting.
In this section, the Constitution provides and extends the right to vote to Filipinos abroad on the condition that they possess
all the qualifications in the Constitution and none of the disqualifications provided by law. As to absentee voting, during the
Administration of President Gloria Macapagal Arroyo, the government through Executive Order No. 157 has extended the
right of soldiers of the Armed forces of the Philippines to vote to the nearest voting place they are assigned, and/or to
barracks which they will be provided with the voting booths to exercise their right to vote in their own choosing of
representatives of their district as well as national in scope.

WEEK 15: LESSON XI CITIZENSHIP

TOPICS FOR DISCUSSION

A. MEANING OF CITIZENSHIP: THE CITIZEN AND NON-CITIZEN

Since the state is organized and the government is established for the welfare of the citizen, it becomes essential that we
should know the meaning of the term “citizen”. The term ‘citizen’ can be understood in a narrow or in a broad sense. In a
narrow sense, it means the resident of a city or one who enjoys the privilege of living m a city. While in a broad sense citizen
means a person, who resides within the territorial limits of the state.

Definition of the Citizen:

According to Aristotle, citizen is he “who has the power to take part in the deliberative or judicial administration of any state
is said by us to be a citizen of that state”. Vattal has defined citizens as, “the members of a civil society bound to this society
by certain duties, subject to its authority and equal participants in its advantages”. “Citizenship”, according to Laski, “is the
contribution of one’s instructed judgment to the public good”.

A Citizen Must Have:

1. The membership of the state.

2. The Social and Political rights.
3. Sentiment of devotion to the state.

Distinction between an Alien and a Citizen:

There is a marked distinction between an alien and a citizen. A citizen enjoys civil and political rights in his own country.
Whereas an alien is not privileged to enjoy the political rights of the country but sometimes he is privileged to enjoy a few of
the social rights. It depends entirely on the government of the country, in which he lives, to permit him to enjoy the social
rights or not.

B. TRADITIONAL AND MODERN VIEWS

The Traditional and Modern Views of Citizenship, i.e., the State-Centric vs. Participatory Notions of Citizenship

Traditional Views on Citizenship

Many thinkers point to the concept of citizenship beginning in the early city-states of ancient Greece, although others see it
as primarily a modern phenomenon dating back only a few hundred years and, for mankind, that the concept of citizenship
arose with the first laws. Polis meant both the political assembly of the city-state as well as the entire society. Citizenship
has generally been identified as a western phenomenon. There is a general view that citizenship in ancient times was a
simpler relation than modern forms of citizenship, although this view has come under scrutiny. The relation of citizenship has
not been a fixed or static relation, but constantly changed within each society, and that according to one view, citizenship
might "really have worked" only at select periods during certain times, such as when the Athenian politician Solon made
reforms in the early Athenian state.

Historian Geoffrey Hosking in his 2005 Modern Scholar lecture course suggested that citizenship in ancient Greece arose
from an appreciation for the importance of freedom. Hosking explained: It can be argued that this growth of slavery was
what made Greeks particularly conscious of the value of freedom. After all, any Greek farmer might fall into debt and
therefore might become a slave, at almost any time. When the Greeks fought together, they fought in order to avoid being
enslaved by warfare, to avoid being defeated by those who might take them into slavery. And they also arranged their
political institutions so as to remain free men.

Geoffrey Hosking suggests that fear of being enslaved was a central motivating force for the development of the Greek
sense of citizenship. Slavery permitted slave-owners to have substantial free time, and enabled participation in public life.
Polis citizenship was marked by exclusivity. Inequality of status was widespread; citizens had a higher status than non-
citizens, such as women, slaves or barbarians. The first form of citizenship was based on the way people lived in the ancient
Greek times, in small-scale organic communities of the polis. Citizenship was not seen as a separate activity from the
private life of the individual person, in the sense that there was not a distinction between public and private life.

The obligations of citizenship were deeply connected into one's everyday life in the polis. These small-scale organic
communities were generally seen as a new development in world history, in contrast to the established ancient civilizations
of Egypt or Persia, or the hunter-gatherer bands elsewhere. From the viewpoint of the ancient Greeks, a person's public life
was not separated from their private life, and Greeks did not distinguish between the two worlds according to the modern
western conception. The obligations of citizenship were deeply connected with everyday life.

To be truly human, one had to be an active citizen to the community, which Aristotle famously expressed: "To take no part in
the running of the community's affairs is to be either a beast or a god!" This form of citizenship was based on obligations of
citizens towards the community, rather than rights given to the citizens of the community. This was not a problem because
they all had a strong affinity with the polis; their own destiny and the destiny of the community were strongly linked. Also,
citizens of the polis saw obligations to the community as an opportunity to be virtuous; it was a source of honor and respect.
In Athens, citizens were both ruler and ruled, important political and judicial offices were rotated and all citizens had the right
to speak and vote in the political assembly.

Modern views on citizenship

The modern idea of citizenship still respects the idea of political participation, but it is usually done through "elaborate
systems of political representation at a distance" such as representative democracy. Modern citizenship is much more
passive; action is delegated to others; citizenship is often a constraint on acting, not an impetus to act. Nevertheless,
citizens are usually aware of their obligations to authorities, and are aware that these bonds often limit what they can do.

Modern citizenship has often been looked at as two competing underlying ideas:

The liberal-individualist or sometimes liberal conception of citizenship suggests that citizens should have entitlements
necessary for human dignity. It assumes people act for the purpose of enlightened self-interest. According to this viewpoint,
citizens are sovereign, morally autonomous beings with duties to pay taxes, obey the law, engage in business transactions,
and defend the nation if it comes under attack, but are essentially passive politically, and their primary focus is on economic
betterment. This idea began to appear around the seventeenth and eighteenth centuries, and became stronger over time,
according to one view. According to this formulation, the state exists for the benefit of citizens and has an obligation to
respect and protect the rights of citizens, including civil rights and political rights. It was later that so-called social rights
became part of the obligation for the state.

What is Participatory Citizenship?

A citizen that is active at local, state, or national levels in addressing social issues relevant to the community by learning
how government systems work and taking part in community-based initiatives.

Should citizens participate?

Many citizens do not participate in our government. They don't vote or participate in most of the other ways you have just
discussed. However, some people believe that citizens have a responsibility to participate.

Deciding whether to participate and how much time to spend participating is important. To make good decisions, you must
think about several things. Some of these are: The purpose of our government; How important your rights are to you; How
satisfied you are with the way the government is working.

C. PRINCIPLES OF CITIZENSHIP

1. The Principles of Jus Soli and Jus Sanguinis

Philippine citizenship: From jus soli to jus sanguinis
The recent Supreme Court decision on Grace Poe has made many legal minds raise the question of whether or not they
still knew the law as they had learned it in law school. Although the High Court’s decision is acceptable to a majority of
the electorate as a recent survey reveals, many lawyers find it hard to accept the decision, which they believe throws the
book on citizenship out the window. For instance, that foundlings are presumed natural-born Filipinos is unprecedented.

Today, we take it for granted that the Philippines follows the principle of jus sanguinis (law of the blood) to determine
citizenship, but in the first half of the 20th century, the principle of jus soli (law of the soil) was once regnant.

In fact, the 1899 Malolos Constitution enunciated jus soli as the principle of citizenship, declaring that Filipinos included
“all persons born on Filipino territory.” Malolos was remarkably inclusive. However, the US military invasion of the
Philippines truncated the Malolos Republic and left no opportunity to probe its tenets on citizenship before a court of law.

The invention of Philippine citizenship came with the Philippine Bill of 1902, signed into law on July 1, 1902, to become
the country’s “first organic act.” Section 4 stipulated that the “inhabitants” of the Philippine Islands who were Spanish
subjects on April 11, 1899, the date when the Treaty of Paris was proclaimed as duly ratified by both Spain and the
United States, became “citizens of the Philippine Islands” (unless one opted for Spanish nationality). Philippine
citizenship was a direct successor to Spanish subjecthood. The diverse populations in the country at that time thus
acquired Philippine citizenship, a political status they could pass on to their children – suggesting jus sanguinis as one of
the means to determine Philippine citizenship.

2. Dual Nationality/Citizenship

DUAL CITIZENSHIP (RA 9225)

Republic Act 9225 otherwise known as the Citizenship Retention and Reacquisition Act of 2003 (more popularly known as
the Dual Citizenship Law) enables former natural-born Filipinos who have become naturalized citizens of another country to
retain/reacquire their Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines before a
Philippine Consular Officer. Upon retaining or reacquiring their Philippine citizenship, they shall enjoy full civil, economic and
political rights as Filipinos.

Under the principle of derivative citizenship, unmarried children below eighteen (18) years of age, whether legitimate,
illegitimate, or adopted, of former Filipino parents who retained/reacquired their Philippine citizenship under this law, may
also be deemed Filipino citizens, if they are included in the parent’s application for retention/reacquisition of Philippine
citizenship and the requisite fees paid.

effect of this renunciation, and thus the availability of dual citizenship, depends upon the laws of the naturalized citizen's
country of origin.

D. FILIPINO CITIZENSHIP: ART. 4 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.

TYPES OF CITIZENSHIP
1. Citizenship by Birth
 a. By birth a.k.a Jus soli. It means you’re an automatic citizen if you were born in the Philippines soil or
territory.
b. By blood a.k.a. Jus sanguinis. You are a citizen if any of your parents is a Filipino citizen on your birthdate
according to the Philippine Nationality Law.
c. that person was born on or after October 15, 1986 and at least one parent was a Philippine citizen on the
birthdate;
2. Citizenship by Naturalization
a) This is a judicial act of adopting a foreigner and granting him the privileges of a native-born citizen.
b) He/she must not be less than twenty-one (21) years of age on the day of the hearing of the petition;
c) He/she must have resided in the Philippines for a continuous period of not less than ten (10) years;
d) He/she must be of good moral character and believes in the principles underlying the Philippine Constitution,
and must have conducted himself in a proper and irreproachable manner during the entire period of his
residence in the Philippines in his relation with the constituted government as well as with the community in
which he is living;
e) He/she must own real estate in the Philippines worth not less than five thousand (5000) pesos, Philippine
currency, or must have some known lucrative trade, profession, or lawful occupation;
f) He/she must be able to speak or write English or Spanish or any one of the principal languages;
g) He/she must have enrolled his minor children of school age in any of the public or private schools recognized
by the Bureau of Public Schools of the Philippines where Philippine history, government and civics are taught
or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines
required of him prior to the hearing of the petition for naturalization as Philippine citizen
MODES OF ACQUIRING CITIZENSHIP.

Modern law recognizes three distinct modes of acquiring citizenship:

1. jus sanguinis – acquisition of citizenship on the basis of blood relationship;
2. jus soli – acquisition of citizenship on the basis of place of birth;
3. naturalization – the legal act of adoption an alien and clothing him with the privilege of a native-born citizen. Basic
Philippine law follows the rule of jus sanguinis and provides for naturalization.

WEEK 16: ARTICLE 4: CITIZENSHIP (PART 2)

TOPICS FOR DISCUSSION

E. THE NATURAL-BORN AND NATURALIZED FILIPINO CITIZENS

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.

NATURAL-BORN CITIZENS

A natural-born citizen is a citizen of a given country at the moment of his birth; he need not have to go through any process
of naturalization or election. A Filipino citizen who renounces his Philippine citizenship loses the character of a natural-born
citizen and does not reacquire it even if later he becomes a Philippine citizen again. While retaining the provisions of the
1973 Constitution on the definition of the natural-born citizens of the Philippines, it included the Filipino citizens born of
Filipino mothers who elect Philippine citizenship at the age of majority.

NATURALIZED FILIPINO CITIZEN

Meaning of naturalization.
Naturalization is the legal act of adopting a foreigner and clothing him with the privileges of a natural-born citizen. A person
may be naturalized either by complying with both the substantive and procedural requirements of a general naturalization
law or he may be naturalized by a special act of the legislature.

F. RIGHTS AND PRIVILEGES OF A FILIPINO CITIZEN

As a Filipino citizen, you are entitled to enjoy all the rights and privileges enumerated in Article III Bill of Rights of the 1987
Philippine Constitution.

CLASSIFICATIONS OF RIGHTS:
(1) Natural Rights. These are the rights inherent to man and given to him by God as a human being. Examples
of these rights are the right to live, love and be happy.
(2) Constitutional Rights. These are the rights guaranteed under the fundamental charter of the country.
1. Statutory Rights. These are rights provided by the law – making body of a country or by law, such as the
right to receive a minimum wage and the right to preliminary investigation.
 2. Civil Rights. These are the rights specified under the Bill of Rights, such as the freedom of speech, right to
information. They are the rights enjoyed by an individual by virtue of his citizenship in a state or community.
3. Economic Rights. These are rights to property, whether personal, real or intellectual. Some examples of
these rights include the following: right to use and dispose of his property, right to practice one’s profession,
and the right to make a living.
4. Political Rights. These are rights that an individual enjoys as a consequence of being a member of a body
politic. Some examples of political rights are the following: right to vote, right to be voted into public office.

G. LOSS AND RE-ACQUISITION OF FILIPINO CITIZENSHIP

SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

The laws governing the loss and reacquisition of Philippine citizenship.

1. Commonwealth Act No. 63, as amended
2. Republic Acts No. 965 and 2639
3. P.D. No. 75 on repatriation.

Lost citizenship may be reacquired either by Naturalization or Repatriation. Repatriation is the recovery of original
citizenship. Thus, if what was lost was naturalized citizenship, that is what will be reacquired. If what was lost was natural-
born citizenship, that will be reacquired.

REPATRIATION.
There are different ways of accomplishing repatriation depending on how citizenship was lost:
1. For women who lost their citizenship through marriage to aliens
 For natural-born Filipinos, including their minor children, who lost their citizenship on account of economic or
political necessity, and who are not disqualified repatriation is accomplished by taking the oath of allegiance to the
Republic and registering in the proper Civil Registry and in the Bureau of Immigration.
2. Processing of applications is done by the Special Committee on Naturalization consisting of the Solicitor General as
Chairman, an Undersecretary of Foreign Affairs, and the Director of the National Intelligence Coordinating Agency.

LOSS OR REACQUISITION OF PHILIPPINE CITIZENSHIP.

Under the Revised Naturalization Law, a Filipino citizen may lose his citizenship:
a) By naturalization in a foreign country
b) By expressed renunciation of citizenship
c) By subscribing to an oath of allegiance to support the Constitution or laws of foreign country upon attaining 21 years
of age or more (A Filipino, however, may not divest himself of Philippine citizenship in any manner while the
Philippines is at war with any country.)
d) By rendering service to, or accepting commission in, the armed forces of foreign country under certain conditions
e) By cancellation of the certificate of naturalization
f) By having been declared by competent authority, a deserter in the Philippine Armed Forces in time of war, unless
subsequently, a plenary pardon or amnesty has been granted.

Citizenship may be reacquired by:

(a) Naturalization, provided that the applicant possesses all of the qualifications and none of the disqualifications
(b) Repatriation of deserters in the army, navy or air forces
(c) Direct act of the legislature.

WEEK 17: LESSON XII: CIVIL SOCIETY AND SOCIAL MOVEMENTS

TOPICS FOR DISCUSSION

A. MEANING OF CIVIL SOCIETY

WHAT DEFINES A CIVIL SOCIETY?

Think about the country that you live in - what does it take to make that country operate smoothly? The government takes care of law
and order and businesses offer goods and services in exchange for money, which both help to keep a society moving. But what about
other groups, like churches or the PTA, how do they contribute to your society? These other groups actually play a very big part in how
your country operates, and they fall into a category known as civil society.

What Is Civil Society?

Initially, Civil Society used to be defined as a political community i.e., a society governed by the government, law and authority. In
contemporary times, however, Civil Society is distinguished from the state and political community. It means non governmental,
private, voluntarily organized associations or institutions of the people, through which they try to secure their needs, desires and
objectives.
Such associations and organizations work independently of the government. Civil Society even opposes the wrong politics, decisions
and projects of the government. In doing so the civil society depends upon constitutional, peaceful and legal method of action.
The term Civil Society is used to collectively refer to the voluntary organizations’ corporate bodies, socially active groups, and firms
working in each society.
Civil Society is the set of intermediate associations which is neither the state nor the family, but which plays an active and positive role
in social, economic, and cultural activities.

According to Andrew Heywood, "Civil society refers to "a realm of associations, business, interest groups, classes’ families and so on."

Civil Society includes all private organizations of the people. Press, professional associations of the people, Human Right groups and
organizations, voluntary social service organizations, and in fact, all NGOs working in society.

In other words, Civil Society refers to the effective presence of non- governmental autonomous groups and associations, business
groups, interest groups, trade unions, voluntary social service organizations, in fact, all non-governmental organizations, and groups
working for securing public interests and welfare by their self-efforts.

A civil society is comprised of groups or organizations working in the interest of the citizens but operating outside of the governmental
and for-profit sectors. Organizations and institutions that make up civil society include labor unions, non-profit organizations, churches,
and other service agencies that provide an important service to society but generally ask for very little in return.

Civil society is sometimes referred to as the civil sector, a term that is used to differentiate it from other sectors that comprise a
functioning society. For example, the United States is made up of three sectors: the public sector, which is the government and its
branches; the private sector, which includes businesses and corporations; and the civil sector, which includes the organizations that act
in the public's interest but are not motivated by profit or government.

Features of Civil Society:

a. Civil Society consists of non-governmental, voluntarily organized associations, organizations and institutions of the people.
b. Civil Society is different from both the State and Society.
c. Civil Society is, however, neither opposed to state nor to society. On the contrary it works as a supplementary to each of the
two. It, however, works in an organized and autonomous way.
d. A healthy and efficient democratic system needs and integrates civil society, society and state.
e. Civil Society is constituted by the well-organized and active presence of a number of social, economic and cultural associations
and groups of the people.
f. Both Liberalism and Marxism accept and advocate the role of Civil Society but each conceptualizes it in a different way.

C. MEANING OF SOCIAL MOVEMENTS

Social Movements
Concept of Social Movements: Social movements are a type of group action. They are large, sometimes informal,
groupings of individuals or organizations which focus on specific political or social issues. In other words, they carry out,
resist, or undo a social change.

The Meaning of Social Movements:

In the society a large number of changes have been brought about by efforts exerted by people individually and collectively.
Such efforts have been called social movements. A social movement may, therefore, be defined as “a collectively acting
with some continuity to promote or resist a change in the society or group of which it is a part”.

According to Anderson and Parker, social movement is “a form of dynamic pluralistic behavior which progressively develops
structure through time and aims at partial or complete modification of the social order.” Lundberg and others define social
movement as, “a voluntary association of people engaged in concerted efforts to change attitudes, behavior and social
relationships in a larger society.”

Thus, social movement is the effort by an association to bring about a change in the society. A social movement may also
be directed to resist a change. Some movements are directed to modify certain aspects of the existing social order whereas
others may aim to change it completely. The former are called reform movements and the latter are known as revolutionary
movements.
:
Causes of Social Movements:
Social movements do not just happen. It is social unrest which gives rise to a social movement.

Factors Causing Social Unrest among Societies:

1. Cultural Drifts:
The society is undergoing constant changes. The values and behavior are changing in all civilized societies. In the course of
cultural drift most of the people develop new ideas. To get these ideas operative in society they organize a movement. The
development of a democratic society, the emancipation of women, the spread of mass education, the removal of
untouchability, equality of opportunity for both the sexes, growth of secularism are the examples of cultural drift.

2. Social Disorganization:
A changing society is to some extent disorganized because changes in different parts of society do not take place
simultaneously. One-part changes more rapidly than the other producing thereby numerous lags. Industrialization has
brought urbanization which has in its turn caused numerous social problems.

Social disorganization brings confusion and uncertainty because the old traditions no longer form a dependable guide to
behavior. The individuals become rootless. They feel isolated from the society. A feeling develops that the community
leaders are indifferent to their needs. The individuals feel insecure, confused and frustrated. Confusion and frustration
produce social movements.

3. Social Injustice:
When a group of people feel that injustice has been done to it they become frustrated and alienated. Such feeling of
injustice provides fertile soil for social movements. The feeling of social injustice is not limited to the miserable poor. Any
group, at any status level may come to feel itself the victim of social injustice. A wealthy class may feel a sense of injustice
when faced with urban property ceiling Act or high taxes intended to benefit the poor. Social injustice is a subjective value
judgment. A social system is unjust when it is so perceived by its members.

Thus, social movements arise wherever social conditions are favorable. It may be noted that in a stable, well integrated
society there are few social movements. In such a society there are very few social tensions or alienated groups.

The People More Susceptible to Social Movements:

a. Mobile and have little chance to become integrated into the life of the community
b. Not fully accepted and integrated into the group and are termed marginal
c. Isolated from the community
d. Threatened by economic insecurity and loss of social status
e. Free from family responsibilities or are estranged from their families
f. Maladjusted.

TYPES OF SOCIAL MOVEMENTS:

1. Migratory Movement:
Migratory movement takes place when a large number of people leave one country and settle at some other place. The
reason for mass migration may be discontent with present circumstances or the allurement of a bright future. Mere migration
of people does not mean migratory movement.

There is a migratory social- movement only when there is a common focus of discontent, a shared purpose or hope for the
future and a widely shared decision to move to a new location. The Zionist movement, the movement of Jews to Israel was
a migratory social movement. Similarly, the movement of people from East Germany to West Germany can be called
migratory social movement.

bearable. He tries to ignore the miserable present and fixes his gaze upon a glorious future. The Hippie movement is an
expressive social movement.

2. Utopian Movement:
A Utopian movement is one which seeks to create an ideal social system or a perfect society which can be found only in
man’s imagination and not in reality. There have been a number of Utopian socialist in the nineteenth century such as
Robert Owen and Charles Fourier. Such movements are based on a conception of man as basically good, cooperative and
altruistic. The Sarvodaya movement can be called a Utopian movement.

3. Reform Movement:
The reform movement is an attempt to modify some parts of the society without completely transforming it. Reform
movements can operate only in a democratic society where people have freedom to criticize the existing institutions and
may secure changes. The movements to abolish untouchability, dowry system, preserve wild life, control population growth
are reform movements. The total revolution movement led by J. P. Narayan was a reform movement. The movement led by
J. P. Narayan was a reform movement.

4. Revolutionary Movement:

The revolutionary movement seeks to overthrow the existing social system and replace it with a greatly different one. The
reform movement wants to correct some imperfections in the existing social system but a revolutionary movement wants to
root out the system itself. Revolutionary movement’s flourish where reform is blocked so that revolution remains the people’s
only alternative to their present misery. The communist movements in Soviet Russia and China were revolutionary
movements.

5. Resistance Movements:
The resistance movement is an effort to block a proposed change or to uproot a change already achieved. The revolutionary
movement arises because people are dissatisfied with the slow rate of social change whereas resistance movement arises
because people consider social change too fast. The D. M. K. movement against Hindi can be termed resistance movement.

6. Revolutionary Movements:
As said above, revolutionary movements or revolutions seek to over throw the existing social system itself and replace it
with a greatly different one. The communist revolution in Soviet Russia overthrew the Czarist regime and replaced it with the
communist system of production and distribution of goods.

Role of Leadership:
Social movements in order to succeed must have effective organization and strong leader. The members or supporters must
be recruited in greater number, financial support must be procured and various tasks connected with the movement must be
properly allocated. There must also be proper coordination among personnel assigned to more or less specific roles. In
social movements the role of the leader is very important.

Many a movement fails due to lack of leadership. The leader is the spokesman of the group. He is the coordinator and the
important participator in the decisions as to the goals and methods. He is an example to others. He enjoys great authority
and power. He also enjoys great prestige. He excels others in personal qualities. The leader has great responsibilities. He is
expected to fulfill them.

He is expected to keep his word, to stick by the members and to uphold the group norms and values. If he does not live up
to the level expected, he suffers a loss of prestige and even of position in the group. He can be thrown out of leadership. If
he betrays the confidence reposed in him by the supporters, he may even be killed. Thus, the leader plays a crucial role in a
social movement. The success or failure of the movement depends largely on him.

The leader has the basic responsibility for seeing that the social movement achieves its goals. The followers follow the
leader because they recognize that he can lead them to the goal. The leader should select his technique with great
forethought. It should be “reality-oriented.” The leader should know that in case of failure of the movement he may have to
suffer rebuffs, loss of status and blame. He should, therefore, be very cautious in assuming the leadership, and having
assumed should be careful in handling it successfully. A leader can channelize the mass enthusiasm into constructive social
reforms or he can eventually destroy the social system.