POLGOV

POLITICS AND GOVERNANCE WITH 1987 PHILIPPINE CONSTITUTION MODULE
Overview :
The course aims to introduce the students to the concept of politics, its dynamics, societal
function, and overall value. The subject shall focus on the nuances of governances, the
role of the State, powers of the State, and the rights protected by the 1987 Philippine
Constitution.
Table of contents :
Course Syllabus
Unit 1: Nature of Politics
1. What is Politics?
2. What is Political Science?
3. What are the branches of Political Science?
Unit 2: State
1. What is a State?
2. What are the elements of the state?
3. Theories of State
Unit 3: Government
1. What is a government?
2. What are the different forms of government?
a. Monarch vs Democracy
b. Parliamentary vs Presidential
c. Unitary vs Federal
3. Three branches of Philippine Government
Unit 4: Powers of the State
1. Police Power
2. Power of taxation
3. Power of Eminent Domain
Unit 5: Constitution
1. What is a Constitution?
2. Different types of Constitution
3. Changes in the Constitution
Unit 6: Rights
1. What are Rights?

2. Different forms of Rights
3. Constitutional Rights
Semestral Assessment
Republic of the Philippines
Bulacan State University
City of Malolos, Bulacan
Tel/Fax (044) 791-0153
________________________________________________________________
COURSE SYLLABUS
COLLEGE : College of Social Sciences and Philosophy
DEPARTMENT : Public Administration
COURSE CODE :
COURSE TITLE : Politics and Governance with 1987 Phil. Constitution
FACULTY : Masahiro R. Kobayashi
CONSULTATION HOURS : Monday 9:00 - 12:00
COURSE DESCRIPTION : The course aims to introduce the students to the

concept of politics, its dynamics, societal function, and overall value. The subject shall
focus on the nuances of governances, the role of the State, powers of the State, and the
rights protected by the 1987 Philippine Constitution.
LEARNING OUTCOME (LO)
On completion of the course, the student is expected to be able to do the following:
ATTRIBUTES OF IDEAL LEARNING OUTCOME(LO)

GRDUATE(AIG)
• Highly Competent • LO1- Foster holistic understanding of
political thoughts and motivation by
interpreting different theories of Politics
• Ethical • LO2- Establish ethical use of information
and policy creation through critical
understanding of the relationship of the
theoretical aspects of politics and
governance
• Service Oriented • LO3 –Develop a set of rules or standards
that will develop an altruistic environment
inside and outside of the school campus
through creation of forums to illustrate
political awareness.
• Productive Citizen • LO4 - Create a forum or venue for
introduction of political thoughts and its
relevance to contemporary governance
FINAL COURSE OUTPUT:
As evidence of attaining the above learning outcomes, the student is required to do and
submit the following during the indicated dates of the term.
1. Course Paper 2. Research Paper

RUBRIC FOR ASSESMENT: (Research/Policy Proposal)
NAME: SECTION:
Use this rubric as a guide to help you evaluate the student’s work. Look at the rating
system found on the right columns. The student’s work should score at least in the
Satisfactory Achievement column as described by the items in the left column. If the
work does not score in the Satisfactory column, revise the work until it reflects the
criteria. If a higher mark is aimed, the work should reflect the criteria in the Exemplary
Achievement column.
CRITERIA EXEMPLARY SATISFACTORY DEVELOPING RATING
(21-30) (11-20) (1-10)
Content The submitted The submitted The submitted
(thesis work explores work manifest work lacks
statement, the issues some depth and focus,
thesis showing complexity of demonstrates
development, thorough thought confused or
critical comprehensio simplistic
thinking) n, goes thinking or
beyond class failure to
discussion communicate
ideas
Organization The submitted The submitted The submitted
(coherence, work is work is well work is partially
smooth coherently organized and organized,
transition) organized, developed with lacks relevant
stays on target appropriate support
with the topic, reasons
with ideas
strongly
supported by
apt reasons
Structure The submitted The submitted The submitted
(mechanics, work is work may have work has
language, generally free few errors in persistent
citations) from errors in mechanics, usage errors in
mechanics, and sentence vocabulary,
usage and structure. All mechanics and
sentence necessary sentence
structure. citations are structure.
Appropriate present. Citations, when
use of citation necessary are
enhances the lacking
content
TOTAL
RUBRIC FOR ASSESMENT: (Classroom Debate and Written Argumentation)
NAME: SECTION:
DATE:
Use this rubric as a guide to help you evaluate the student’s work. Look at the
rating system found on the right columns. The student’s work should score at least
in the Satisfactory Achievement column as described by the items in the left
column. If the work does not score in the Satisfactory column, revise the work until
it reflects the criteria. If a higher mark is aimed, the work should reflect the criteria
in the Exemplary Achievement column.
CRITERIA EXEMPLARY SATISFACTORY DEVELOPING RATING
(21-30) (11-20) (1-10)
Matter The The The
(technical speech/essay speech/essay speech/essay
knowledge of explores the manifest some lacks focus,
the subject, issues showing depth and demonstrates
principles thorough complexity of confused or
presented, comprehension, thought simplistic
critical goes beyond thinking or
thinking) class discussion failure to
communicate
ideas
Manner The The The
(style of speech/essay is speech/essay is speech/essay
argumentatio coherently well organized is partially
n, wit, organized, stays and developed organized,
responsivene on target with with appropriate lacks relevant
ss, smooth the topic, with reasons with support and
transition) ideas strongly good thought flow messy thought
supported by flow
apt reasons
Method The The submitted The
(mechanics, speech/essay is work may have speech/essay
logic generally free few speech/essay has persistent
language, from errors in errors in errors in
citations) mechanics, mechanics, usage vocabulary,
usage and and sentence mechanics
sentence structure. Logic and sentence
structure. Logic and structure is structure.
and structure is sound. All Illogical/contra
good. necessary dicting
Appropriate use arguments
of citation on the citations are Citations,
essay present. when
enhances the necessary are
content lacking
TOTAL
OTHER REQUIREMENTS AND ASSESSMENT
1. Group Presentations/Projects
2. Quizzes and Classroom Activities
3. Exams
GRADING SYSTEM
Projects (Research Output and Critique/Reaction Papers, Classroom 30%

Debate)
Learning Activities (Compilation and Summary) Quizzes 20%
Class Participation (Reports, Attendance, Recitation) 20%
Examinations (Midterm and Final Exams/Seminar Presentation) 30%
TOTAL 100%
GRADES PERCENTAGE DESCRIPTIVE RATING

1.00 97 & ABOVE EXCELLENT
1.25 94-96 EXCELLENT
1.50 91-93 VERY GOOD
1.75 88-90 VERY GOOD
2.00 85-87 GOOD
2.25 82-84 GOOD
2.50 79-81 SATISFACTORY
2.75 76-78 SATISFACTORY
3.00 75 PASSED
5.00 74 & BELOW FAILED
LEARNING PLAN
LEARNING TOPIC No. of hours

OUTPUT
LO 1 Nature of Politics
LO 2 6
LO 3 1. What is Politics?
2. What is Political Science?
3. What are the branches of Political
Science?
LO 2 State
LO 3
1. What is a State? 9
2. What are the elements of the state?
3. Theories of State
LO 1 Government
LO 3
LO 4 1. What is a government?
2. What are the different forms of
government? 6
a. Monarch vs Democracy
b. Parliamentary vs Presidential
c. Unitary vs Federal
3. Three branches of Philippine Government
LO 1 Powers of the State
LO 2
LO 4 1. Police Power 6
2. Power of taxation
3. Power of Eminent Domain
LO 1 Constitution
LO 2
LO 3 1. What is a Constitution? 6
LO 4 2. Different types of Constitution
3. Changes in the Constitution
LO 1 Rights
LO 2
LO 3 1. What are Rights? 12
LO 4 2. Different forms of Rights
3. Constitutional Rights
Semestral Assessment
Unit 1 : The Nature of Politics
Duration : 3 hours
Overview : This section will focus on the fundamentals of politics, political

processes, political science, its nature, and societal value. This chapter also discusses
the different branches of political science, its nature and utility.
Learning Objectives :
1. To explain the nature of Politics

2. To discuss the different branches of political science
3. To orient on the different usage of politics
Content : What is Politics?
Politics is a colorful term. It is a word painted with a thousand meanings. From the earliest
notes of Platonic philosophers to the modern quotes tainting it with evil. Politics has been
a veil word for the contemporary period. However, what is politics? Is it possible to live in
a society without it?
Politics is the process of making decisions in groups, or other forms of power relations
between individuals and creating the means to enforce aforesaid decisions. The
complexities of decision making lies on the premise of power. Power is needed to enforce
a decision. Hence a decision, for it to be created, must be anchored on a collective
recognition of authority.
To illustrate the flow of a decision process, let us refer to the relationship of powers of
the teacher and the student.
Decision making Decision enforcing

Power
The course requires that you finish Non compliance will make you
all course contents to pass the incomplete or even be dropped out
program. of the program
Figure 1.1
In the figure above, the teacher mandates the completion of course requirements in order
for the student to comply to. Non compliance will result in the student’s academic
delinquency. But what gives the teacher the authority to do such? It is the power vested
on the teacher’s position as the one who determines the learning of the student. To
discuss further, students voluntarily enroll into the program, and the teacher must
administer their learning. This gives the teacher the inherent authority to render the
enforcement of the decision, which is the submission of the course requirements. This
shows a particular hierarchy of power.
The power to give the grade lies on the teacher, as supported by the structure of the
school’s organization. The choice for the student to enroll in such an academic institution
is also affected by his parent’s decisions, socio-economic status, location, and other
factors. This means that a decision isn't entirely on the will of the decision maker, but as
highlighted, certain factors affect the creation of a decision. And this is only on a scale of
an individual towards an organization.
Politics, in a larger sense however, does not simply imply decision making-enforcing of
an individual or a group, but rather it is a process that is affected by multiple factors. To
illustrate:
Input Process Output Externality
Problem Legislate an act that Cheaper Medicines Compliance to the

incentivizes generic Act act results to access
The masses have medicine to more generic
limited access to production and Implementing Rules brands, which
medicine due to remove branding and Regulations results to better
high prices of privileges access to cheaper
medicine. This is medicine.
due to brand
monopoly through
commercialization.
Figure 1.2
In figure 1.2 thou, the diagram showcases the causal relationship of the variables. The
problem, as provided in the Input box, mandates the State to act which starts the flow of
the decision making process. As provided, the actions of the State results in a positive
externality that addresses the problem via the enforcement of the decision. This, in
general, paints the idea of how politics as a process happens at a State level.
What is Political Science?
Political science is the body of knowledge that focuses on the nature of politics, the
different power interplays amongst the stakeholders of a decision, the different roles of
the State in policy creation which affects the governance of the citizens.
Branches of Political Science
The following are the different branches of political science:
1. Political Theory – also known as political philosophy, is the study that deals with
the different views towards politics, liberty, justice, property, rights, law and the
enforcement of it. It also focuses on the nature of authority of the State, why is it
needed, what is its purpose etc. It discusses the nature of the relationship between
the State and the Individual. Why should the State provide welfare? Why does the
individual need to surrender their rights to harm? Why should the State grant
juridical personalities to corporations? How should a State establish a relationship
with fellow States? These are not one dimensional questions and have been
subject to public discourse since the establishment of the very first City States.
2. Public Law – is the exacting of the different political views and trying to make it
applicable to governance. Law as the rule of the land tries to realize the abstract
philosophies of state administration. Examples: the Constitution, the penal code,
the civil code, and special laws (statutes) promulgated by Congress, treaties or
international agreements with other sovereign nations etc.
3. Public Administration – is the study of the bureaucracy, system of government, its

implementation of the public law, the dimensions of administering the powers of
the State, etc. Basically, it focuses on the implementation of the ideals presented
by the different political theories as constructed by the laws of the land.
To illustrate, refer to the image below:
Figure 1.3
Figure 1.3 showcases the relationship of each branch of political science. The uppermost
level represents the Political theory/Philosophy, the abstract idea in which a certain
law/policy is derived from. In the diagram, it can be seen as the Social contract theory
and Police power. Such ideas are representing the relationship of the State towards the
individual and vice versa.
But such ideas are too broad to be properly applied. Hence the second layer, which
provides the Public Law. The public law tries to define which parts of the political theory
that should be carried over for implementation. It tries to extract the essence of the
abstract idea into a concrete policy which will be carried out by the agency that is
mandated. As provided, an example of the public law is the Constitution and the revised
penal code. Both are written laws that focus on demarcating and realizing the thoughts of
political theory. For example, social contract dictates that the State must protect its
citizenry, hence the concept of police power.
However, how do you implement police power properly? It is being limited by the
Constitution and is contextualized by the Revised Penal Code. With this, the theory
becomes realistic to be implemented since it is now being exacted for usage of the State.
The third part is public administration. As presented, it reflects which government agency
is tasked to implement the law that has been based on the theory. Public administration
then implements such mandates in order to actualize the ideas of the theories.
What is Governance?
Governance is the act of administering and managing State affairs. In this program,
governance is a central topic since the discussions will be focusing on the acts of the
State, how such acts affect the citizens, the nation’s economy, the country’s foreign
policy, etc. The course will be focused on the concepts of governance and how it is being
applied to the Philippines.
Why does Governance matter?
Governance as the management of State affairs plays an important role in maintaining

the existence of the State. As pointed out by Thomas Hobbes in his book Leviathan, the
condition of man is a condition of war; without a common power to keep them all in awe,
they [men] are in that condition called war. Man, as interpreted by Hobbes, is a rational
agent who seeks to maximize power and act according to his self interest, such view is
lieu of man’s path for self preservation. In the absence of a centralized government, man
has all means to pursue such a notion, and it will create a chaotic society which is not
permissive by today’s standards.
Evaluation:
Directions: Write the letter of the correct answer on the space provided before the
number. Capital letters only. No erasures.
__________ 1. The literal meaning of "Zoon Politikon"
A. Social Self B. Political Self C. Political Animal
__________ 2. ______________ is a person who doesn't vote, doesn't involve himself in

political discussion and movements.
A. Idiot B. Moron C. Ignorant
__________ 3. The process of decision making and enforcing
A. Economics B. Politics C. Political Science
__________ 4. Is the systematic study of power struggle and governance
A. History B. Political Science C. Demography
__________5. The study of political views and thoughts or doctrine
A. Political Theory B. Public law C. Public Administration
__________6. The study of the methods and techniques in the management of the state
__________7. The study of governmental powers, duties and limitations of authority
__________8. The act of managing a State
A. Governance B. Ruling C. Politics
__________9. Which is an example of a Political Theory
A. Feminism B. Juvenile Justice and welfare act C. DSWD
__________10. The organization handling the overall functions of a State
A. People B. Government C. Sovereignty

Unit 2 : State
Duration : 6 hours
Overview : This section focuses on the State, its definition, nature, elements and
functions. This section explores also the different theories discussing the existence of the
State, why it has inherent powers and its overall value.
1. To explain the nature of a State

2. To discuss the different elements of the State
3. To orient the different theories of State existence
Content : What is a State?
A state is an entity internationally recognized, composed of people, occupying a definite

territory under the rule of a government body and exercising its own sovereignty. To
unpack the previous statement, the state comprises multiple elements such as,
People/Citizens, Territory, a Government, and Sovereignty.
Elements of the State
People – or citizens are the members of a State. The citizens are the ones who are subject
to the protection, privileges, and obligations that the State mandates.
How is citizenship being rendered to a person? There are two rules:
Jus Sanguinis – Law of blood, if one of the parents is a citizen of a particular

country, like the Philippines, the child will be considered as a Filipino Citizen.
Jus Soli – law of land, if one is born inside the territory of a State, example the
USA, such individuals will acquire the citizenship of the country in which they are born.
Why is Citizenship crucial?
Citizenship is like a membership card to a State. Like all memberships, having such
membership provides the individual with certain benefits. These benefits involve certain
rights and privileges that are only exclusive to the bearer of the citizenship. Such benefits
include the following in the Philippine setup:
● Right to own real property

● Right to own and operate a business enterprise
● Right to vote
● Right to run for public office
● Right to apply for government assistances/scholarships
● Other rights and privileges that will be provided by special legislation
Territory – is the physical area that is controlled by the State. Territories are crucial since
it is the source of natural resources that the State needs in order to effect production for
self sustenance.
Terrestrial – the landmass of the State. This includes the total land of the State,
the islands within its territory, the mountains, caves, and shorelines.
Maritime – all bodies of water inside the borders of the State.
Aerial – the entire airspace above the whole terrestrial and maritime territories
within the borders of the State
Fluvial – all underground spaces, underwater territories within the borders of the
State.
Why does a State need to identify its borders?
As stated, territorial boundaries are crucial to identify the extent of the State’s resources.
Such is critical in understanding as to how much the State may consume said resources
and the extent that it can utilize it. Also, it is imperative that such borders are clear since
it is automatically part of the responsibilities of the State to protect. In the Philippines,
since the country has bodies of waters as natural borders, it creates certain challenges in
determining and hence patrolling said territories. How do we determine the end of an
archipelagic country, the general rule is the so called 12-nautical mile rule, in which 12
miles from the shoreline of the furthest island of the country is the end of the sovereign’s
territory and start of the so called International Waters
Government – The central agency that operates the State. This will be extensively
discussed in the next chapter.
Sovereignty – literally meaning “to rule over”. Sovereignty is the right of the State to self
govern, implement its own laws and policies, be free from foreign interventions etc. To
easily understand the concept of sovereignty, let us divide its elements into Nature and
Dynamics.
As to the nature of sovereignty:
Internal vs External Sovereignty
Internal Sovereignty External Sovereignty
It pertains to the power of the State to rule This points out that a State cannot be
within the boundaries of its territories. That subject to the authority of foreign powers.
the State is the only authority to implement Meaning all laws of a State are
a set of policies. Basically it is the basis of implemented only within itself and cannot
the powers of the State i.e. Police Power, be extended to other sovereign nations.
Power of Taxation, and Power of Eminent This pertains to the power of the State to
domain. establish foreign relations, economic ties
with other sovereign nations, also the
recognition of other sovereign states to the
legitimacy of the State’s existence.
As to the dynamics of Sovereignty
Comprehensive – the power to rule of the State applies to everyone inside the State. For
example, all persons, natural or juridical, inside the Philippine territory, are subject to the
authority of its laws. Meaning, if a foreigner commits a felony in the Philippines, he/she is
subject to the punishment prescribed by the laws that were violated.
Exclusive – the power to rule of the State is only within the boundaries of the State. To
discuss, the power of a country is only limited to its territory, the Philippines cannot
mandate other countries to follow its laws, also the laws of the Philippines only apply
within the territory. For example, a Filipino citizen consumed marijuana while on vacation
in the Netherlands, Philippine authorities cannot arrest said individual since first, the
felony was done outside the country and second is that it is legal to consume marjiuana
in the Netherlands. The same applies in case a Foreigner smokes Marijuana in the
Philippines, said individual can be arrested, and cannot invoke that their country’s law
apply.
Permanence – sovereignty is not extinguished in cases of change of government. Once

a country has been internationally recognized, any change of the government, even via
revolutionary means, doesn’t unmake the country. For example, in the Philippines, during
the EDSA People Power Revolution, the country was momentarily under a revolutionary
government to give way to the transition of the new 1987 Constitution,
Theories State Creation
Natural Theory – is the theory that explores the paradigm of man being a social animal.
That it is natural for man to socialize and through socialization man starts to build up
social structures to support such interactions.
Divine Theory - is the narrative that traces the origin of the State from the different
monarchies that were established and were in part believed to be from some divine origins
or mythical roots. Such notion is that the right to rule is a God Given right to the ruler.
Such models explain the existence of different monarchies which flourished during the
feudal ages.
Force Theory - is the belief that the State is a natural by product of force or power
struggles. That the State is simply a summation of power in a hierarchy. That in order for
society to function, there must be a centralization of powers in the State.
Patriarchal Theory - is the theory that discusses that the State is an offspring of an
extended family. The barangay system of the early Filipino tribes is the best example of
this theory, in which the barangay is a system of government in a particular territory in
which the majority of the citizens are related by blood to each other.
Social Construct Theory - is the notion that the State is a product of an imaginary contract,
wherein the State and the People bind themselves together, where the people surrender
parts of their rights, privileges, and freedoms to the State, and the State in return will
provide protection and welfare. Provided are the three main thinkers of the Social
Contract movement:
Philosopher Paradigm on Man Views on the State
Thomas Hobbes Man is Evil : Man if left State is necessary to

alone to his own agency provide peace and order
will be in a state of war
Jean Jacques Rousseau Man is Good : Man is State will be the equalizer
capable of good, however since it pursues the
the State must provide general will of the people
welfare for him to be good
for he can be corrupted
John Locke Man is a blank sheet : Man State will provide access to
is a rational being. the three fundamental
rights. Life, Liberty, and
Property
To discuss furtherly, the Social Contract Theory is based on the notion that the existence
of the State is due to a general agreement amongst the citizens to surrender parts of their
rights, freedoms, privileges, and agency to the State so that the latter may provide
services, protection, and overall welfare.
To illustrate, we surrender our ability to hurt other people to the State, if we kill a person,
we are liable to the State, and the State will punish us via its Police power. Now, if we
reverse the situation, no one will kill us also, since we are protected by the State via its
police power. Another example is, why do citizens pay taxes? Taxes, as a proportionate
contribution to the State, are necessary to generate sufficient funds to produce public
goods, such as infrastructures, social services, etc.
Evaluation:
Direction : Identify if the following scenarios reflect any of the following Theories
of Origin of the State. (Natural Theory, Patriarchal Theory, Social Contract Theory, Force
Theory, Divine Right Theory)
________________1. Might makes Right
________________2. The End Justifies the Means
________________3. The People have the right to Revolt
________________4. The State is a byproduct of an extended family
________________5. Only those belonging to the bloodline of Kings can become a Ruler
________________6. People are Political Animals
________________7. People will eventually create a State by hook or by crooked
________________8. The People surrender part of their rights for the State to exist
________________9. Parens Patriae is the Parental Authority of the State
________________10. The people of Japan believe that the Emperor is literally a god
Unit 3 : Government
Duration : 9 hours
Overview : This section will focus on the fundamentals of governance, the

different role of a government in administering State affairs, and the different forms of a
government. The chapter will also focus on the doctrines of governance and several
exemplifications of said doctrines.
1. To explain the role of a government in a State

2. To discuss the multiple forms of government and their respective fundamental
differences.
3. To orient on the different doctrines of governance
Content : The Role of Government
The government acts as the main actor of the State. It refers to the body of legislators,
administrators, officials of an administrative system that manages State affairs. It is the
one that crafts, implements, and repeals, the laws that are being applied within the State.
The term government is not synonymous with the word State. A State cannot exist without
a government to run its affairs, however, a government on its own, without the other
components of a State, cannot be considered as one.
An example of this, is the situation of the palestinians in Israel, wherein after the forceful
creation of the state of Israel by the United Kingdom, the palestinian settlers were
considered as stateless citizens, despite having a governing body such as the Palestinian
Liberation Organization (PLO). Also, it applies to the Kurdish people of the unrecognized
State of Kurdistan, that despite owning a territory from their ancestral homeland and
government, is not still considered as a State.
Different forms of Government
As to form of ascension to power:
Monarchy – the rule is that ascension is by virtue of blood or inheritance. There is no

system to vote for a leader of the State since it is passed down within the “royal family”.
This form of government is also considered as a “Government of One”, wherein a king’s
rule is considered to be a product of divine intervention.
Two types of Monarchy
Absolute Monarchy Constitutional Monarchy
Also known as Traditional Monarchy, this Also known as Limited Monarchy, this kind
kind of monarchy follows the so called of monarchy is also known as “symbolic
“King’s Rule” wherein all the powers of the monarchy”, since the ruling monarch does
State lie on the Monarch. Normally, there not directly handle the State affairs unlike in
are only advisers to the ruling monarch to the Absolute Monarchy model. In this
handle the bureaucracy like in the Kingdom model, the monarch is simply ceremonial
of Saudi Arabia, and the Sultanate of and holds no political power. Such model is
Brunei Darussalam, but ultimately all observed in countries like Great Britain,
policies are subject to the approval of the Thailand, and Japan
ruling monarch
Democracy – also known as Rule of the People, since it is a government model that
observes participation of the citizens through elections in the appointment of the head of
State and other government positions. Originating from the term demos - which means
people and cracia - meaning to rule. This form of government originates from ancient
Greece wherein the very first system of electoral government was founded.
Two Types of Democracy
Direct Democracy Representative Democracy
is a type of democracy where every citizen This is a type of democracy in which

gets to directly participate in the formulation citizens elect representatives to participate
of State policies. This only works in in policy making. In this model, people elect
countries like Switzerland that have a assemblymen, house representatives,
significantly lesser population since it will senators, to craft policies and vote for the
be logistically problematic to gather every approval of said policies. This is the
citizen to vote for a policy. commonly adopted model of democracy
since it is far more feasible.
As to the relationship of the Executive to the Legislative branch:
A government plays multiple functions in running State affairs. Due to this it can be seen
that a government has 3 fundamental branches to work on such functions, legislative
branch (create the laws), the executive branch (execute the laws), and the judiciary
(interpret the soundness of the law’s application based on the prevailing Constitution).
With this, there are two existing government models that have different ways of
addressing the relationship between the said branches, the Presidential form, which has
3 separate and co-equal branches, and the Parliamentary form of government, wherein
both legislative and executive functions are exercised within the “parliament” and the only
separated branch is the judiciary.
Presidential Parliamentary
Head of President Prime Minister

State
Term Fixed Not fixed. Subject to the majority

vote
Relationship Executive branch is separate Both executive and legislative

of Branches from the Legislative branch functions are done under the
Parliament
Removal Expiration of term or Vote of No confidence backed by

from office of Impeachment proceedings majority vote to oust seated Prime
the Head Minister
As to the relationship of the National Government to the Local Government Unit:
Another dichotomy observed amongst government structures is the relationship between

the National government and the local government units. Basically, this model lies more
on the question of local government authority and autonomy. Fundamentally, the two
types under this criterion are the Unitary (Centralized) model and the Federal
(Decentralized) form of government. In the unitary form of government, all government
decisions are centralized to the national government such as fiscal and monetary policies,
national defense, education policies, strategic planning, administrative, civil, and criminal
legislations, etc. The local government in this setup is only focused on the implementation
of the national policies and limited management of the jurisdiction that they are in charge
with.
For example, a municipal/city government cannot mandate all schools in their district to
add an additional year for the basic education, such power is only limited to the
Department of Education as empowered by a legislation. However, can the Local
Government Unit sponsor a building for the improvement of the school? Yes, since the
building of such doesn’t contravene the mandate provided by the national government.
Another example will be that, a local government unit cannot create additional criminal
laws, it can however create local level ordinances that may not contravene existing laws
and may not exceed the punishments mandated to such offense.
A federal form of government on the other hand, recognizes a distinct separation of

powers between the federal government and national government. To illustrate this, in a
Federal state, the local government has full control over powers of taxation, police power,
and eminent domain. A local law enforcement can have a different approach in
comparison to other states. Some States may recognized the legality of abortion, some
may not. Taxes can be directly filed in one state and can be indirectly collected by other
states. In a federal model, the national government mainly focuses on constitutional
questions, national defense, and foreign relations. That’s why, in the United States for
example, certain States have their own particular policies in addressing criminality, health
care, education, etc. Though some policies might be similar in implementation, there are
still distinctions in its design based on the context of the State. To simplify, please refer
to the table below:
Unitary Federal
Relationship with There is a top-down The Local government has full

the National relationship between the autonomy and independence
Government National Government and from the National government
Local Government
Functions of the All aspects of governance The National Government is

National are planned and designed by only concerned on National
Government the National Government Defense, Foreign relations, and
Constitutional issues
Functions of Local The Local government has The Local government has full
Government limited agency to craft their control of the policy making and
own policies and are acting policy implementation.
as implementing arms of the
National Government’s
policies
Power of Taxation The Local government The Local government can

cannot craft its own tax create their own tax policies that
policies. The LGU is simply are not in contravention with the
adopting the tax policies Constitution
crafted by the National
government
Police Power The Local government The Local government may craft
simply houses the police police policies independent of
agencies of the State. The the National policies. The police
police power is centralized to agencies of the Local
the National government government is independent of
the National government’s
agency
Three Branches of the Philippine Government
Executive Department.– Is the branch of government that carries out and enforces laws.
It includes the President, Vice President, the Cabinet, executive departments,
independent agencies, and other boards, and commissions. It is mainly in charge of the
overall administration of State Affairs.
Legislative Branch / Congress - the branch of government vested with the power to
legislate and at the same time, repeal the laws of the land. Despite the executive branch
being the implementor, the legislative department plays the role of enabling the executive
branch to function, since one cannot implement what has not been legislated. The
legislative branch is primarily responsible for creation of laws, drafting and funding the
national budget via legislation, craft special laws, and repeal laws that are deemed
unconstitutional.
Judiciary Branch - pertains to the functions of the courts, its hierarchy, and jurisdiction.
Courts are not merely created to try criminal cases or settle civil disputes, in an
administrative sense, the courts are charged with the burden of analyzing and declaring
laws that are in contravention with the prevailing constitution. Aside from addressing
questions of laws, the Supreme Court decisions, also known as jurisprudence, forms part
of the laws of the land. Meaning that despite the power to create the laws rests on
Congress, opinions of the Supreme Court in certain issues form also part of observable
precedence.
Evaluation :
Directions : Encircle the letter of the correct answer.
1. It refers to the large numbers of inhabitants living within the state

a. Sovereignty
b. Government
c. People
2. It is the power of the state to regulate the individual behavior of the people inside
it.
a. Sovereignty
b. Government
c. People
3. Which of the following does not belong to the group?
a. Police Power
b. Sovereignty
c. Power of Taxation
4. What kind of democracy where the people govern themselves directly?
a. Direct Democracy
b. Representative Democracy
c. Republican Democracy
5. It is a government in which the sovereign power is vested in the majority of people.
a. Democracy
b. Oligarchy
c. Aristocracy
6. What are the branches of the Philippine Government?
a. Executive-Legislative-Judiciary
b. Supreme Court-Congress-Constitutional Commissions
c. National Government-Local Government-Courts
7. Which of the following statements is correct
a. People in a democracy have the right to protest
b. People in a democracy are not allowed to protest
c. People in a democracy must not protest
8. Complete the analogy Executive: President : Judiciary : __________________
a. Speaker of the House
b. Chief Justice
c. Executive Secretary
9. The president of the Philippines only has 1 term. A president’s term lasts for 12
years
a. First statement is false, Second statement is true
b. Both statements are true
c. First statement is true, Second statement is false
d. Both statements are false
10. What if the congressman you have elected voted for the abolition of a law that you
are in favour of? What would you do?
a. Inquire why
b. Do not vote for him/her next election
c. Let it be, he/she must have a reason
d. Do nothing
Directions: Write whether the described situation is a form Monarchy or Democracy
__________1. The leader of the State is the President
__________2. The Kingdom of Saudi Arabia
__________3. A Congress making recommendations to the leader
__________4. A Congress legislating Laws to be approved by the leader
__________5. State may proclaim a State religion
__________6. Separation of powers between governmental bodies is observed
__________7. The United Kingdom of England, Scotland, Wales and Northern Ireland
__________8. The Kingdom of Thailand
__________9. The Philippine Republic
__________10. The United States of America
Directions: Write whether the described situation is a form Unitary or Federal State
__________11. Multiple States inside a Nation
__________12. Legislation can be done per State inside a Nation
__________13. Only one Legislative body governs legislation
__________14. Taxes are collected per province and are transferred to a National govt.
__________15. Senators are part of a national legislation and House Representatives

are for local legislation
__________16. Senators and House Representative legislate National laws
__________17. The Governor is the Head of a State
__________18. The province may implement a law different from another province
__________19. The State may implement a different tax system from the other State
__________20. National laws are the same with local laws
Directions: Write whether the described situation is a form of a Parliamentary or

Presidential
__________21. The Prime Minister is the title of the Head of the State
__________22. The Highest Executive Power is directly elected by the people
__________23. The Executive and Legislative functions are in one agency only
__________24. The Highest Executive Power is elected by Representatives
__________25. The Legislative and Executive body belong only to one department
__________26. The Legislative and Executive body are separate
__________27. The Head of State has no definite term
__________28. The Head of State has a fixed definite term
__________29. Popular election is limited to Provincial Ministers only
__________30. Popular election is up to the highest executive position
__________31. United Kingdom of England, Scotland, Wales and Northern Ireland
__________32. United States of America
__________33. The Republic of Philippines
__________34. Has three different Government branches
__________35. Has two different Government branches

Unit 4 : Powers of the State
Duration : 6 hours
Overview : This section will discuss the three fundamental powers of the State
ie, Police Power, Power of Taxation, and the Power of Eminent Domain. This chapter
also discusses the role each power in governances and their respective scopes and
limitations.
1. To explain the three powers of the State

2. To discuss the scopes and limitations of the three Powers of the State
3. To orient on their respective applications in the Philippine setup
Content : What are the Powers of the State
The three inherent powers of the State are as follows: Police power, Power of Taxation,
and the Power of Eminent Domain.
Police Power – is the power of the State to enact and enforce laws to regulate the citizens’
behaviour with respect to their property and liberty for the common good of the majority.
Such powers are enforced so that a general sense of peace and order is prevailing within
the State. This power is vested on the legislature via its power to promulgate laws, and is
delegated to the executive branch for its implementation. Overall it is used by the State
to pursue the general welfare of its citizens.
Power of Taxation – is the power to levy taxes or proportionate involuntary contributions

to all entities inside the State. It is the power to impose and collect revenues in form of
taxes in order to support the existence and the functioning of the State. Based on the Life
Blood Theory of Taxation, the mere existence of the State already requires funding. Tax
is the way of the sovereign to defray it's necessary expenses and generate income for
the sustenance of public goods and services.
Power Eminent Domain – is the power of the State to expropriate private property for
public utility. In other words, the ability of the State to take private property via court
proceedings, for the consumption of the general public (public goods i.e. roads, schools)
so long as there is just compensation for the owner of the property. Here there are 3 basic
requirements for the State to exercise such power.
1. There must be the goal of Public Use

2. Just Compensation for the property owner based on the fair market value of the
property as determined by the Courts.
3. There must be an observation of due process, wherein the expropriator (State)
must provide reasonable time to negotiate the purchase of the private property
before commencing the use of the power of eminent domain.
Inherent Powers of the State
Taxation Police Power Eminent Domain
Meaning Inherent power to The power of the State Power of the State
exact, enforce, to make, ordain, and to take a private
proportional establish all manner of property for public
contribution imposed reasonable laws, purpose, after
upon persons, statutes and payment of just
properties or rights in ordinances for the compensation.
order to raise revenue common good and
and to defray the welfare .
necessary expenses of
the government
Requisites Must comply with the 1.LAWFUL SUBJECT: Requisites for a

of valid principles of a “Sound The interests of the valid taking:
exercise Tax System”: public generally, as
distinguished from 1. Expropriator
those of a particular must enter a
class, require the private property
1.Fiscal adequacy
exercise of the police
-Sources must be power
adequate to meet the 2.Entry must be
government for more than a
expenditures 2.LAWFUL MEANS: momentary period
The means employed
are reasonably
necessary for the 3. Entry must be
accomplishment of the under warrant or
2. Theoretical justice color of authority
purpose and not
-Must take into unduly oppressive
consideration the upon individuals
taxpayer’s ability to 4. Property must
pay be devoted to
public use or
otherwise
3. Administrative informally
feasibility appropriated or
injuriously affected
Tax laws must be
capable of efficient tax
enforcement
5. Utilization of
the property must
be in such a way
as to oust the
owner and deprive
him of beneficial
enjoyment subject
to payment of just
compensation
Scope Comprehensive, Depends on the Covers genuine

unlimited, plenary and security of the social necessity
supreme order, life and health of (necessity must be
citizens, comfort and of public
existence in a thickly character)
populated community,
enjoyment of social
life, and beneficial use
of property.
Importance Lifeblood theory - Social order - Safety Common interest

Taxes are what we and security
paid for a civilized
society
Evaluation :
Direction : Identify if the following scenarios reflect any of the three (3)
Powers of the State : Power of Taxation (PT), Power of Eminent Domain (PED) or
Police Power (PP). Use the provided acronyms (2pts)
_______1. Jaywalking
_______2. Implementation of an Extended Value Added Tax
_______3. Real Estate Tax
_______4. The State should provide protection through the government
_______5. Life Blood Theory explains that the State needs funding to exist
_______6. Relocation of the people of Guinhawa to Brgy. Bangkal due to the North Rail
Transit
_______7. The C5 Extension scandal
_______8. Mala In Se or inherently evil acts
_______9. Checkpoints are created to prevent possible terrorist acts
_______10. Expropriation of an ancestral house for airport construction
Unit 5 : Constitution
Duration : 9 hours
Overview : This section will focus on the basics of a constitution, why it is crucial
for a State, the role it plays, and the controversies about it. This chapter covers the nature
of the 1987 Philippine Constitution, its brief history, and the different ways to change or
amend it.
1. To explain the nature of the 1987 Constitution

2. To discuss the different dynamics of the constitution
3. To orient on the different ways a constitution may be amended
Content : What is a Constitution?
The constitution is the supreme law of the land. Being the basis of the fundamental beliefs,
values, principles, and norms of the State the Constitution is the basis of the following:
1. Model/Structure of the Government

2. Fundamental rights recognized by the State
3. Defines and Limits the Power of the Government
4. The basis in which all laws must conform to
5. Describes the relationship between the citizens and the Government
Different types of Constitution
Written Constitution Unwritten Constitution
A codified Constitution, in which it is Not unnecessarily unwritten, but the term

based on a single written document that “unwritten” describes that such
clearly defines the nuances of the State’s Constitution has not been codified in a
principles, values, norms, and system. It single document, and that the basis of the
is normally a by-product of a revolution, systems of the State may come from
sudden change of government or via a different documents or unwritten
legal process of changing the traditions. An example nation that still
Constitution. An example of nations adopts this kind of constitution is the
adopting said constitution are the USA United Kingdom.
and the Philippines.
Changing the Constitution
Charter Change - is the mode of changing the existing Constitution. There are two
different kinds of changes that can be done to an existing Constitution, namely an
amendment and a revision. Amendment means changing only a detail or minor part of
the Constitution; while revision means changing the whole or a substantial part of the
Constitution.
Amendments vs Revision
Amendment Revision
A. As to what is subject to change;
-broadly refers to a change that -broadly implies a change that alters a basic
adds, reduces, deletes, without principle in the Constitution, like altering the
altering the basic principle involved. principle of separation of powers or the
system of checks and balances.
-there is also revision when the change

alters the substantial entirety of the
Constitution.
B. As to what are the subject provision affected;
-Amendment generally affects only the -Revision generally affects several

specific provision being changed provisions of the Constitution.
Two tests to determine whether the proposal was a Revision or Amendment (Lambino
vs. Comelec [2006]).
1. Qualitative Test
-whether the proposed change is so extensive in its provisions as to change

directly the “substance entirety” of the Constitution by the deletion or alteration of
numerous provisions. The Court examines only the number of provisions and not
the degree of change.
2. Quantitative Test
- whether the change will accomplish such far-reaching changes in nature or our
basic governmental plan as to amount to a revision. Whether there is an alteration
in the structure of government is a proper subject of inquiry. Thus, “a change in the
nature of the basic governmental plan” includes “change in the fundamental
framework or the fundamental powers of its Branches.” A change in the nature of
the basic governmental plan also includes changes that jeopardize the traditional
form of the government and the system of check and balances.
Steps in the Amendment or Revision of the Constitution: (Proposal, Submission, and

Ratification).
By Congress itself (Constituent Constitutional Convention People’s Initiative

Assembly)
Requisites
- Congress by a vote of ¾ - either by a 2/3 vote - a petition of at

of all its members. (the of all the members least 12% of the
Constitution does not of Congress, or total number of
mention whether the - (if such a vote is not registered voters,
bicameral will sit in joint obtained)- by a of which every
session or in separate majority vote of all legislative district
sessions, or whether the the members of must be
Congress will vote Congress with the represented by at
jointly or separately- as question of whether least 3% of the
the issue seems to be or not to call a registered voters
unresolved by both Convention to be therein.
houses, the provision resolved by the
should be understood people in a - Limitation: No
as referring to ¾ of the plebiscite. (Sec. 3 amendment in
Senate and ¾ of the Art. XVII). this manner shall
House of be authorized
Representative). within 5 years
following the
ratification of this
Constitution nor
more often than
once every 5
years thereafter.
(Initiative only
applies to
amendment not
to revision).
A. Proposal for Amendment or Revision
A.1. By Congress itself (Art. XVII Sec.1, par.1);
A.2. By Constitutional Convention (Art. XVII Sec.1, par.2);
A.3. By People’s Initiative (Art. XVII Sec.2);(Initiative and Referendums Act-R.A

No. 6735).
Three systems of Initiative (R.A No. 6735- An Act Providing for a System of Initiative and
Referendum).
1. Initiative on the Constitution - which refers to a petition proposing amendments

to the Constitution;
2. Initiative on Statutes - which refers to a petition proposing to enact a national

legislation; and
3. Initiative on Local Legislation- which refers to the petition proposing to enact a

regional, provincial, city, municipal or barangay law, resolution or ordinance (Sec. 2(a)
R.A 6735).
(Note: Indirect Initiative is an exercise of initiative by the people through a proposition sent
to Congress or the local legislative body for action (Sec. 2(b) R.A 6735).
Essential elements in Initiative:
1. The people must author and sign the entire proposal; no agent or representative
can sign in their behalf;
2. As an initiative upon a petition, the proposal must be embodied in the petition.
B. Ratification (Sec.4, Art. XVII)
The proposed amendment shall become part of the Constitution when ratified by
a majority of the votes cast in a plebiscite held not earlier than 60 nor later than 90 days
after the approval of the proposal by Congress or the Constitutional Convention, or after
the certification by the Commission on Elections of the sufficiency of the petition for
initiative under Sec. 2, Art. XVII.
C. Doctrine of Proper Submission.
The Constitution itself prescribes the time frame within which the plebiscite is to be
held, there will no longer arise the question of whether the time given to the people to
determine the merits and demerits of the proposed amendment is adequate. (Note: the
plebiscite may be held on the same day as regular elections; the use of the word “election”
in the singular meant that the entire Constitution must be submitted ratification at one
plebiscite only).
Short History of the Philippine Constitutions
Malolos Constitution
In 1899, the Malolos Constitution, the first Philippine Constitution—the first republican
constitution in Asia—was drafted and adopted by the First Philippine Republic, which
lasted from 1899 to 1901.
During the American Occupation, the Philippines was governed by the laws of the United
States of America. Organic Acts were passed by the United States Congress for the
administration of the Government of the Philippine Islands. The first was the Philippine
Organic Act of 1902, which provided for a Philippine Assembly composed of Filipino
citizens. The second was the Philippine Autonomy Act of 1916, which included the first
pledge of Philippine independence. These laws served as constitutions of the Philippines
from 1902 to 1935.
1935 Constitution
In 1934, the United States Congress passed the Philippine Independence Act, which set
the parameters for the creation of a constitution for the Philippines.. The Constitution was
submitted to the President of the United States for certification on March 25, 1935. It was
in accordance with the Philippine Independence Act of 1934. The 1935 Constitution was
ratified by the Filipino people through a national plebiscite, on May 14, 1935 and came
into full force and effect on November 15, 1935 with the inauguration of the
Commonwealth of the Philippines.
1943 Constitution
During World War II the Japanese-sponsored government nullified the 1935 Constitution
and appointed a Preparatory Committee on Philippine Independence to replace it. The
1943 Constitution was used by the Second Republic with Jose P. Laurel as President.
Upon the liberation of the Philippines in 1945, the 1935 Constitution came back into effect.
The Constitution remained unaltered until 1947 when the Philippine Congress called for
its amendment through Commonwealth Act No. 733.
1973 Constitution
Before President Marcos declared Martial Law, a Constitutional Convention was already
in the process of deliberating on amending or revising the 1935 Constitution. They
finished their work and submitted it to President Marcos on December 1, 1972. President
Marcos submitted it for ratification in early January of 1973.
In 1973, after the declaration of martial law, the 1935 Constitution was replaced by a new
charter, the 1973 Constitution. In commemoration, President Marcos, repealed President
Quezon’s Proclamation No. 36, s. 1936, by virtue of Proclamation No. 1219, s. 1973,
which moved Constitution Day from February 8 to January 17 of every year.
1987 Constitution
The 1973 Constitution was replaced by first the freedom constitution, also known as
Proclamation No. 3, s. 1986, then our current constitution, the 1987 Constitution. This
constitution came into full force and effect on February 11, 1987, after President Corazon
C. Aquino issued Proclamation No. 58, s. 1987. The proclamation issued by President
Aquino included the results of the plebiscite held on February 2, 1987.
After the ratification of the 1987 Constitution, President Aquino issued Proclamation No.
211 s, 1988, which moved the commemoration of Constitution Day from January 17 to
February 2 of every year—a proclamation still in effect to this day.
LOCAL GOVERNMENTS
The executive branch extends beyond the national government. According to Article X,
Section 4 of the constitution, the President of the Philippines is mandated to supervise
local governments all over the country. However, because of Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, local governments enjoy
relative autonomy from the national government.
Among the social services and facilities that the local government should provide, as
stipulated in Section 17 of the Local Government Code, are the following:
● facilities and research services for agriculture and fishery activities, which include
seedling nurseries, demonstration farms, and irrigation systems;
● health services, which include access to primary health care, maternal and child
care, and medicines, medical supplies and equipment;
● social welfare services, which include programs and projects for women, children,
elderly, and persons with disabilities, as well as vagrants, beggars, street children,
juvenile delinquents, and victims of drug abuse;
● information services, which include job placement information systems and a
public library;
● a solid waste disposal system or environmental management system;
● municipal/city/provincial buildings, cultural centres, public parks, playgrounds, and
sports facilities and equipment;
● infrastructure facilities such as roads, bridges, school buildings, health clinics, fish
ports, water supply systems, seawalls, dikes, drainage and sewerage, and traffic
signals and road signs;
● public markets, slaughterhouses, and other local enterprises;
● public cemetery;
● tourism facilities and other tourist attractions; and
● sites for police and fire stations and substations and municipal jail.
Local government units also have the power to create its sources of revenue and to levy
taxes, fees, and charges that shall accrue exclusively to them.
Each local government has its chief executive. The following is the list of local chief
executives:
1. Barangay — Punong barangay (barangay chairman)

2. Municipality — Municipal mayor
3. City — City mayor
4. Province — Provincial governor
The local chief executives have the power to approve or veto local ordinances
recommended by the local legislators.
Evaluation :
Encircle the letter of the correct answer
Charter Change
1. Which of the following is one of the three bodies that may propose a change in the
constitution in accordance with Article XVII?
a. Congress
b. Office of the President
c. Supreme Court
2. Which of the following is true about a Constitutional Amendment?
a. Only a part or parts of the constitution is changed.
b. Changing or re-writing the entire constitution
c. It is a consistent assembly
3. The following are true about a Constitutional Amendment, except;
a. Only a part or parts of the constitution is changed
b. Changing or re-writing the entire constitution
c. Its intention is to improve or add a new provision
4. Which of the following is true about Constitutional Revision?
a. Changing or re-writing the entire constitution
b. It is a constituent assembly
c. Only a part or parts of the constitution is changed
5. The following are true about a Constitutional Revision, except;
a. Changing the entire constitution

b. Re-examination of the entire document or place an structural change
c. Only a part of the constitution changed.
6. What form of Constitutional change is being adopted by the Philippines under the
current administration?
a. Revision
b. Amendment
c. No such thing is on going
d. Don’t know
7. When a new constitution is being introduced, it requires the voting of the electorate
for it to be recognized; this process is known as plebiscite.
8. What constitutional changing mechanism is needed to shift the current unitary
government into a federal government?
a. Charter Change
b. Revision
c. Amendment
d. Not needed
9. How many constitutions has the Philippines have adopted?
a. 4
b. 3
c. 5
d. 2
10. The House of Representatives can change the current constitution even in the
absence of the Senate’s concurrence.

1987 Constitution
1. Article III or the Bill of Rights is the central ideal of the 1987 Constitution because?
An
a. It provides the basic rights of every citizen
b. It serves as a safeguard against State abuse
c. It is designed to point out the limitations of the powers of the State
d. All of the above
2. It is the supreme law of the land
a. Constitution
b. Statute
c. Public Law
d. None of the above
3. THE 1987 CONSTITUTION IS ALSO KNOWN AS THE FREEDOM CONSTITUTION BECAUSE?

a. IT HAS SPECIFIC PROVISIONS GUARANTEEING BASIC HUMAN RIGHTS AND FREEDOM
b. IT CAN BE CHANGED ANYTIME
c. IT MAKES THE PHILIPPINES A DEMOCRATIC COUNTRY
d. NONE OF THE ABOVE
4. An ordinary law
a. Constitution
b. Statute
c. Public Law
d. None of the above
5. In the Philippines, it is lawful for a police officer to arrest a suspected individual in
the absence of a warrant of arrest?
a. True
b. False
c. Maybe
d. Don’t know
6. The 1987 Constitution guarantees the separation of powers of the 3 branches of
the government
a. True
b. False
c. Maybe
d. Don’t know
7. A constitution defines the structure of the government; it also allows an disallows
what the State may do or not do
8. Which of the following is not a function of the 1987 constitution?
a. Define the rights and freedom of the citizens
b. Define the powers of the state and its limitations
c. Allow the president to dismiss democratic institutions
d. Limit the terms of government officials
9. The 1987 constitution is a by-product of the EDSA People Power Revolution; it is
designed to empower social and democratic institutions to prevent another
dictatorship.
10. The House of Representatives can change the current constitution even in the
absence of the Senate’s concurrence.

Unit 6 : Rights
Duration : 15 hours
Overview : This section will focus on the different kinds of rights, the nature of
such rights, the role of the government in the recognition of such rights etc. Also, this
chapter discusses the fundamental applications of the different rights guaranteed under
the 1987 Constitution.
1. To explain the nature of Rights

2. To discuss the different kinds of rights
3. To orient on the different rights recognized under the 1987 Constitution
Content : Rights
Rights, its a term that is commonly discussed during mass protests, student council
debates, discussions about criminal justice, abortion, privacy, and a lot more. What is a
person’s right? Why do we always encounter the terms, right to life, liberty, and property?
What are human rights? Are there animal rights? Why do we have a portion of the 1987
constitution dedicated to a Bill of Rights. Thou rights is a common term in political
discussions, it is also one with a vague definition. However, the different forms of rights
pave the way for the intuitive understanding of what a right is.
Different types of Rights
Natural Rights - these are rights that are inherent to the person once they are born. The
right to life, thought, liberty.
Moral Rights - are rights based on human consciousness. Moral rights, contrary to other
rights, are not enforceable by courts. Some moral rights are traditional values, good
conduct, and courtesy.
Legal Rights - are rights which are accepted and enforced by the State as they stem from
the laws of the lands. The following rights are considered as legal rights:
1. Civil rights - are rights that are aimed to provide opportunities for a person to lead
a civilized social life. Such rights are the right to life, liberty and property, and
equality.
2. Political rights - are rights enjoyed by citizens of a country to share in the political
process. Right to vote, right to participate in political discourses, right to run for
public office, etc. are examples of such.
3. Economic rights - the right of an individual to provide one's economic security to
ensure a decent living.
Positive Rights - are considered as expansions of civil rights, such as right to quality
education, right to be informed etc.
Negative Rights - are rights that are absolute and any slight violation of it violates the
individual. Such rights are, right against torture, intimidation. Also, it is also the right of the
individual to forbear other individuals. Like, another person may not use my property
without my express consent.
Constitutional Rights
These are rights that are directly guaranteed by the 1987 Constitution. The following
rights that will be discussed are synonymous with rights declared by the International
Declaration of Human Rights.
The following discussion will be a point by point enumeration, explanation, and

exemplification of the constitutional rights of an individual as provided by Article III of the
1987 Constitution.
BILL OF RIGHTS
Section 1. “No person shall be deprived of life, liberty and property without due
process of law, nor shall any person shall be denied the equal protection of the
law.”
There are two things guaranteed in this section; the Due Process Clause and the
Equal Protection Clause.
A. DUE PROCESS CLAUSE
The Due Process Clause gives guarantee against any arbitrariness on the part of
the government, whether committed by the legislature, the executive, or the judiciary.
“No person shall be deprived of life, liberty and property without due process of
law…”
Who is a person?
It pertains to all persons, natural or artificial; citizen or alien; corporations and
partnerships with respect only to their property.
Right to Life
Right to life is not merely a right to the preservation of life itself but also to the
security of the limbs and organs of the human body against any lawful harm. It includes
the right to improve the quality of life, full respect for human rights, dignity of every human
person shall too be respected, to pursue lawful calling or occupation and to fully express
without transgressing the rights of others.
Right to Liberty
Right to liberty is more than mere freedom of physical restraint. It is a right to do

everything he wants as long as he does not violate laws and rights of others. It means
freedom where one may choose, and to act in manner, not inconsistent with the equal
rights of others, as his judgment may dictate for the promotion of his happiness; to
develop his capacities and attain his highest enjoyment within the bounds of law.
Right to Property
The right to property refers to the right to acquire things which are susceptible of
appropriation. It entails also the right to own and possess the property, to use for any
lawful purpose. Above all, the right to be protected and cannot be taken away from the
owner without due process.
B. EQUAL PROTECTION CLAUSE

The equal protection clause gives guarantee against discriminatory laws.
It requires that all person similarly situated must be treated alike, both as to rights
conferred and responsibilities imposed
“…nor shall any person be denied the equal protection of the law.”
Requirements to determine whether the law guaranteed equal protection

clause:
a. must be based upon substantial distinction;
b. must be germane to the purpose of the law;
c. must not be limited to existing conditions only; and
d. must apply equally to all members of the class.
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.
What is the essence of privacy?
Privacy creates boundaries and protects ourselves from unwarranted

interference in our lives. It allows people to negotiate who they are and how they want
to interact with the world. Privacy protects people from arbitrary and unjustified use of
power by States, companies and other actors.
To whom does the protection against unreasonable searches and seizures extend?
Available to all persons including persons including aliens, whether accused of

crime or not. Artificial persons, like corporations are also entitled to the guarantee.
Requisites of a valid Warrant:
a. must be based upon probable cause;

b. probable cause must be determined personally by a judge;
c. determination must be made after the examination under oath or affirmation of
the complainant and the witnesses he may produce; and
d. must particularly describe the place to be searched or the thing to be seized.
Warrant must only refer to one offense

It must be noted that a warrant must refer to one offense only.
What is the Probable Cause?

“Such facts and circumstances which would lead a reasonably discreet and
prudent man to believe that an offense has been committed and that the objects
sought in connection with the offense are in the place sought to be searched."
(Burgos vs. Chief of Staff)
Examining Applicants for Search Warrant

In examining applicants for a search warrant, the judge must personally
examine in form of searching questions and answers, in writing and under oath the
complainant and any witnesses he may produce on facts personally known to
them, and attach to the record their sworn statements together with any affidavits
submitted. Hearsay is not allowed.
Rule of Particularity of Description
The constitution requires that the place to be searched or the persons or

things to be seized be described with such particularity as to enable the person
serving the warrant to identify them. Failure of this requirement may result in
erroneous or worse, arbitrary enforcement of the warrant. A search warrant issued
must particularly describe the place to be searched and the person or things to be
seized in order for it to be valid.
What are the Properties Subject to Seizure?

a. property subject of the offense;
b. property stolen or embezzled and other proceeds or fruits of the offense; and
c. property used or intended to be used as the means of committing an offense.
(Rule 126, Sec. 2)
Evidence obtained from illegal arrest, search or seizure

Evidence obtained from illegal arrest, search or seizure is not admissible
in the court of law. (Fruit of the Poisonous Tree Doctrine).
What are the instances where one can be arrested without warrant?
a. when such person has in fact just committed, is actually committing, or is
attempting to commit an offense in his presence;
b. when an offense has in fact just been committed and he has personal
knowledge of facts indicating that the person to be arrested has committed
it; and
c. when the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another.
What are the instances where property can be searched or seized without warrant?
a. incidental to a lawful arrest;
b. plain-view doctrine;
c. search of a moving vehicle;
d. consented warrantless search;
e. customs search (violation of tariff and customs law);
f. stop and frisk (upon overt act); and
g. exigent and emergency circumstances.
Requisite of Plain-view Doctrine:
a. Law enforcement officer in search of the evidence has a prior justification for an
intrusion or is in position from which he can view a particular area;
b. The discovery of the evidence in plain-view is inadvertent; and
c. It is immediately apparent to the officer that the item he observes may be evidence
of a crime, contraband or otherwise subject to seizure.
Section 3. (1) The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when the public safety or orders
require otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the proceeding section shall be
inadmissible for any purpose in any proceeding.
The Right to Privacy is the Right to Be Let Alone.
Right to be free from unwarranted exploitation of one’s person or from

intrusion into one’s private activities in such a way as to cause humiliation to a
person’s ordinary sensibilities.
Wiretapping
Tapping any wire or cable to secretly overhear, intercept or record any

communication or spoken word is permitted only in civil and criminal proceedings
for offenses mainly affecting national security, provided there must be previous
written authorization by the court subject to compliance of the requirements for
the issuance of a warrant. Such an act is not allowed in other cases if not
authorized by all the parties.
Fruit of the Poisonous Tree
The paragraph two (2) of this section pertains to the Fruit of the Poisonous
Tree Doctrine. Evidence obtained in violation of this or the proceeding 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.”
There are four (4) rights mentioned in this section: Freedom of Speech, Freedom of
Expression; Freedom of the Press and Freedom of Assembly and Petition.
FREEDOM OF SPEECH
It is the condition to the exercise of almost all other civil and political rights. In
example, it allows citizens to expose and check abuses of public officials and allows
citizens to make informed choices of candidates for public office.
❖ Protected speech
Every form of expression in oral, written, tape or disc recorded and symbolic
speech like lightning a candle for a silent protest are protected speech.
❖ Unprotected speech
1. Libel – attacking private personality not the public actuations.
2. Obscenity
FREEDOM OF EXPRESSION
1. The elements of Freedom of Expression -
a) Freedom from Previous Restraint - which is either:
i) Content-Based Censorship, i.e., based on the subject of the utterance or
speech; it is aimed at the contents or idea of the expression, and bears a heavy
presumption of invalidity, measured against the clear and present danger rule.
Though presumed unconstitutional, Prior Restraint is allowed in case of undue

utterances in time of war; actual obstruction or unauthorized dissemination of
military information; obscene publication; and inciting rebellion.
ii) Content-Neutral Restraint, i.e., which regulates the time, place and manner
of the expression under well-defined standards customized to serve a
compelling state interest. This does not restrain the message of the expression.
Only substantial governmental interest is required for the validity of the law
restraining the freedom. This is not subject to the strictest form of judicial
scrutiny only to the Intermediate Approach Test. if the Prior Restraint partakes
of a Content Neutral Restrain or Regulation, it is subject to an Intermediate
Approach Text. Under this test, a governmental regulation is sufficiently justified
if it is within the constitutional power of the government, if it furthers an important
substantial governmental interest; it the governmental interest is unrelated to
the suppression of free expression; and if the incident restriction on alleged
freedom is no greater than is essential to the furtherance of that interest.
b) Freedom from Subsequent Punishment - It refers to the assurance to speak and

express opinions without fear of retaliation by the government, otherwise, this
freedom of expression is unduly curtailed.
FREEDOM OF PRESS
Communication and expression through various media, including electronic media,

specially published materials, should be considered a right to be exercised freely.
FREEDOM OF ASSEMBLY AND PETITION
This pertains to the right to hold public meetings and form associations without
interference by the Government.
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.”
NON-ESTABLISHMENT CLAUSE
Principally prohibits the State from sponsoring any religion or favoring any religion
as against other religions. Essentially, it prohibits the establishment of a state religion
and the use of public resources for the support or prohibition of a religion. It must be noted
with emphasis that not only the State is prohibited from interfering in purely ecclesiastical
affairs. The Church is likewise barred from meddling in purely secular matters.
Two Aspects of Free Exercise of Religion:
● Freedom to Believe - which is absolute as it is in the realm of the mind of a person

so long as no possible external restriction by the government; and
● Freedom to act on one’s belief - which refers to the externalization of belief which
is brought out from the bosom of internal belief that may affect peace, morals,
public policy and order. In this second aspect, the government may interfere or
regulate such aspects of the right.
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.”
LIBERTY OF ABODE AND RIGHT TO TRAVEL

The two Aspects of Movement are Freedom to choose and change one’s domicile;
and Freedom to travel within and outside of the country.
● Liberty of Abode
This is the right to choose one’s residence and to leave whenever he
pleases and can be limited only upon lawful order of the court within limits prescribed
by law.
● Right to Travel
This refers to the right to travel inside or outside of the country and can be
limited only 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.”
RIGHT TO INFORMATION
The right to information is for the promotion of transparency in policy making and,
in the operations, of the government. It provides the people sufficient information to
exercise effectively other constitutional rights.
Right to Information is not an Absolute Right
Not being an absolute right, the right to information does not extend to the
following:
a) Matters recognized as privileged information under the separation of

powers;
b) Information affecting national security, military and diplomatic secrets. It
also includes intergovernmental exchanges prior to consultation of treaties
and executive agreement as may reasonably protect the national interest;
c) Matters relating to investigation, apprehension and detention of criminals
which the court may not inquire into prior to arrest, prosecution and
detention; and
d) Trade and industrial secrets and other banking transactions as protected
by the Intellectual Property Code and the Secrecy of Bank Deposits Act.
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.”
RIGHT TO FORM ASSOCIATIONS

Right to form associations shall not be impaired without due process of law and is
thus an aspect of the right of liberty. This right also covers the right not to join an
association.
Other Constitutional provision on right to form association is the right of civil
servants to unionize and the right of labor in general to unionize.
Do You Know:
Public School Teachers have the right to form associations or to self-organize, but
this does not include the right to strike. Employment in the government is governed by
law and shall not strike for purposes of securing changes.
Section 10. “No law impairing the obligation of contracts shall be passed.”
NON-IMPAIRMENT OF CONTRACTS
The Non-impairment Clause safeguards the integrity of valid contractual
agreements against unwarranted interference by the State. The protection of the
impairment clause is not absolute. There is no impairment if the law is made to operate
prospectively only, to cover contracts entered into after the enactment of the law.
What is a contract?
In general definition, a contract refers to any lawful agreement on property or
property rights, whether real or personal, tangible or intangible. It does not cover licenses
or license agreements, marriage contracts. Public office is not a property right and cannot
be the subject of a contract between the incumbent and the government.
In Legal sense, a contract is a meeting of mind between two persons whereby one
binds himself, with respect to the other, to give something or to render some service.
(Article 1305, NCC)
What is impairment?
Impairment is when the law retroacts so as to affect existing contracts concluded
before enactment of said law. Impairment is anything that diminishes the efficacy of the
contract.
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.”
Free Access to Courts and Legal Assistance
Section 11 is within the coverage of the broader concept of due process and equal
protection clause; this right is inspired by the social justice policy.
Under Section 21 of Rule 3 of the 1997 Rules of Civil Procedure, an indigent party
may be authorized to litigate his action, claim, or defense as an indigent if the court, by
way of ex-parte application and hearing, is satisfied that such indigent party is one who
has no money or property sufficient and available for food, shelter and basic necessities
for himself and his family. For this, the indigent party is exempted from payment of docket
and other lawful fees, and of transcripts of stenographic notes which the court may order
to be furnished to him.
Specifically, Section 19 of Rule 141 exempts indigent litigants from payment of

legal fees, provided his gross income and that of their immediate family do not exceed an
amount double the monthly minimum wage of an employee and he does not own real
property with a fair market value per current tax declaration of more than three hundred
thousand pesos. He must execute an affidavit to that effect with another affidavit of a
disinterested person attesting to the truth of the former.
The legal fees shall be a lien on any judgment rendered in the case favorable to
the indigent litigant unless the court otherwise provides.
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.
Custodial Investigation
Refers to any questioning initiated by a law enforcement officer after a person has
been taken into custody or otherwise deprived of his freedom of action in any significant
way.
RIGHTS OF PERSON UNDER CUSTODIAL INVESTIGATION
1. Right to remain silent;
2. Right to have competent and independent counsel, preferably of his own choice;
3. Right to be provided with the services of counsel if he cannot afford the services
of one; and
4. Right to be informed of these rights.
These rights are available after a person has been taken into custody or when a person
is otherwise deprived of his freedom of action in any significant way. The above-
mentioned rights are also available when the investigation is being conducted by the
government authorities like for example: PNP, DOJ, NBI or other lawful enforcement
agencies with respect to a criminal offense. On the other hand, these rights are not
available during a police line-up, administrative investigations, confessions made by an
accused at the time he voluntarily surrendered to the police or outside the context of a
formal investigation.
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 securities, 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.”
RIGHT TO BAIL
What is Bail?
A bail is security required and given for the release of a person who is in the
custody of law, that he will
appear before any court in which his appearance may be required as stipulated in the bail
bond or recognizance. The purpose of requiring bail is to relieve the accused from
imprisonment until his conviction and yet secure his appearance at the trial.
Bail as a Matter of Right
Any person, before conviction of any criminal offense, shall be bailable unless he
is charged with an offense punishable with reclusion perpetua (or life imprisonment) and
the evidence of guilt is strong.
Bail as a Matter of Discretion
When the accused is charged with an offense punishable with reclusion perpetua
(or life imprisonment) and the evidence of his guilt is strong, bail hearing with notice is
indispensable. The hearing should primarily determine whether the evidence of guilt
against the accused is strong. The application for bail may be filed and acted upon by the
trial court despite the filling of a notice of appeal, provided it has not transmitted the
original record to the appellate court.
However, if the decision of the trial court convicting the accused changed the
nature of the offense from the non-bailable to bailable, the application for bail can only be
filed with and resolved by the appellate court.
FORMS OF BAIL:
1. Cash bond – it is the accused himself who pays; if he did not attend hearings
when required by the court, the cash bond will be forfeited in favor of the
government and he will be arrested. The cash bond shall be refunded when he
will be acquitted.
2. Bail bond/Corporate Surety – the accused goes to an authorized bonding

company and pays a premium which is thirty percent (30%) of the total amount
of bail. The bonding company will then go to the court and execute an
undertaking, or security bond in the amount of the bail bond in behalf of the
accused. If the accused is required by the court to attend the hearing, the bonding
company will bring him before the court. If the accused jumped out, the company
would pay in full. The notice to the bonding company is notice to the accused.
3. Property Bond – the title of the land is given as security.
4. Recognizance – this is an obligation of record. The disinterested person with high

credibility will execute an affidavit of recognizance that when the presence of the
accused is required in court, he will bring him to the court, otherwise, a contempt.
This form of bail is allowed on light felonies only.
Section 14. “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 be presumed innocent
The accused is presumed innocent until proven guilty.
2. Right to be informed of the nature and the cause of the accusation against him
The accused should be informed to furnish him with the description of the charges
against him as will enable him to make his defense. This right also allows him to avail
himself of his conviction or acquittal against a
further prosecution for the same cause. Furthermore, it will inform the court of the facts
alleged.
3. Right to be presented and defend in person and by counsel at every stage of the
proceeding
The accused has the right to be presented and defend in person and by counsel
from the arraignment to the promulgation of judgment.
4. Right to Counsel
The accused has the right to effective counsel. When the accused appears at
arraignment by himself and without counsel, the judge must inform the accused that he
has the right to counsel before the arraignment. He must ask the accused if he desires
the aid of counsel. If the accused desires to obtain but cannot afford one, he must be
given one. If the accused desires to obtain a counsel for himself, the court must give him
a reasonable time to get one.
5. The right to testify as a witness on his own behalf.
The general rule is that the silence of the accused should not be used against him.
Exception to the Rule are: when the prosecution has already established a prima facie
case, hence, the accused must present proof to overturn the evidence; when the defense
of the accused is an alibi and does not testify, the interference is that the said alibi is not
believable; and the claim of self-defense.
6. Right against self-incrimination
The said right covers only testimonial compulsion and not compulsion to produce
real and physical evidence using the body of the accused. It may be waived by the failure
of the accused to invoke the privilege at the proper time.
Ordinary witnesses may be compelled to take the witness stand and claim the
right against self-incrimination as each question requiring an incriminating answer is
asked to him. On the other hand, an accused may altogether refuse to take the witness
stand and refuse to answer any and all questions. (Savio vs. Gordon)
7. Right to confront and cross-examine witnesses against him at trial.
The purpose of this right is to afford accused opportunity to cross-examine the

witness and to allow the judge the opportunity to observe the deportment of the witness.
This right is demandable only during trial. It cannot be availed during preliminary
investigation. The failure of the accused to cross examine the witness against him due to
the fault of the prosecution, the testimony of the witness shall be excluded.
The exceptions to the right of confrontation are the inadmissibility of dying

declarations, the trial in absentia and with respect to child testimony.
8. Right to Compulsory Process

Courts are authorized to require compliance with that duty by issuing a writ called
subpoena.
A subpoena is a process directed to a person requiring him to attend and to testify

at the hearing or the trial of an action, or at any investigation conducted by competent
authority, or for taking of his disposition.
There are two kinds of Subpoena:

1. subpoena ad testificandum – when asked to testify
2. subpoena duces tecum – to bring documents
9. Right to a Speedy, Impartial and Public trial
The accused has the right to speedy disposition of his case. There is an impartial
trial when the accused is entitled to “cold neutrality of an impartial judge”. Public trial
means that the attendance at trial is open to all irrespective of their relationship to the
accused or complainant. The public may be validly excluded during trial when the
evidence to be produced is offensive to decency or public morals and upon motion of
the accused.
There are factors to determine if the right to speedy trial has been violated. These
are:
a. Length of the delay;
b. Reason of the delay;
c. The accused’s assertion or non-assertion of the right; and
d. Prejudice to the accused resulting from the delay.
10. Right to appeal on all cases allowed by law and in the manner prescribed by
law
The general rule is that the right to appeal can be waived expressly or impliedly.
Exception to the rule is where the death penalty is imposed, such right cannot be waived
as the review of the judgment by the Supreme Court is automatic and mandatory. The
right to appeal is merely a statutory right.
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.”
What is Habeas Corpus?
By Habeas Corpus, a detained person has the right to challenge the validity of his
detention, putting in issue the authority of the detaining person or agency. The challenge
is by way of a petition filed by the detained person or any person in behalf of the aggrieved
party in court (Boac vs. Cadapan) This petition for the issuance of a writ of habeas corpus
broadly applies to all cases of illegal confinement or detention by which a person has
been deprived of his liberty; such deprivation is denial of freedom of movement or placing
a person in some form of illegal restraint. Also, the application for such writ applies when
the rightful custody of any person has been withheld from the person entitled thereto.
When issuance of the Privilege of the Writ of Habeas Corpus can be suspended?
a) In cases of invasion or rebellion; and
b) When the public safety requires the suspension of the privilege of the writ
of habeas corpus;
Powers/ Roles of the three branches of the government in the suspension of the
privilege of the writ of habeas corpus:
a) The Executive. It is the President who has the power to suspend it for a
period not exceeding sixty (60) days. Within forty (40) days from
suspension, the President must submit a report of such suspension to
Congress, in person or in writing.
b) The Legislative. Such suspension can be revoked by Congress by a vote
of at least a majority of all its members, jointly, in regular or special session.
If no revocation took place, at his initiative, the President may extend such
suspension. The period of extension is left to the determination of
Congress. The manner of extension is also by a majority of vote of all
members of the Congress, jointly, in a regular or special session.
c) The Judiciary. In a proper petition, the Supreme Court has the power to
annul the suspension of the privilege of the writ of habeas corpus. The
decision must be within thirty (30) days from the date of filing of the petition.
Based on its expanded power that renders the matter no longer no longer
a political question, the Court has the power to review the action of both the
President and the Congress in determining the sufficiency of the factual
basis that led to such suspension of the privilege of the writ of habeas
corpus.
The writ is not applicable as a post-conviction remedy. The only instance

when a judicial review of a judgment of conviction is allowed as a result
of judicial proceeding is in the presence of the following:
a) there has been a deprivation of a constitutional right resulting in the restraint

of a person;
b) the court had no jurisdiction to impose the sentence; or
c) an excessive penalty has been imposed, as such a sentence is void as to

such excess.
Do You Know?
The writ is not allowed to investigate and consider questions of error that
might be raised relating to procedure or merits of the case. It should be noted
that the inquiry in habeas corpus proceeding is addressed to the question of
whether the proceedings and the assailed order are null and void.
The writ is not available where:
a) there are other remedies in the regular case under the law;
b) and in the absence of exceptional circumstances.
● So long as the judicial proceedings are not rendered null and void despite mere
errors and irregularities, restraint/detention is deemed under legal process and
thus such errors and irregularities are not grounds for issuance of the writ.
● The writ is not also available as a means of obtaining evidence on the whereabouts
of a person, or as a means of finding out who has specifically abducted or caused
the disappearance of a certain person.
Section 16. “All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.”
RIGHT TO SPEEDY DISPOSITION OF CASES

This right should not be confused with the right to a speedy trial. The right to a
speedy trial is invoked against the courts in a criminal prosecution. The right to speedy
disposition of cases is invoked even against quasi-judicial or administrative bodies in civil,
criminal, or administrative cases before them. Protection extends to all citizens, including
those in the military and covers the periods before, during and after the trial, affording
broader protection than merely the right to a speedy trial. Both rights, nonetheless, have
the same rationale: to prevent delay in the administration of justice.
Section 17. “No person shall be compelled to be a witness against himself.”
RIGHT AGAINST SELF-INCRIMINATION

This right prohibits the use of physical or moral compulsion to extort communications
from the accused. It prohibits legal process to extract from the accused’s own lips, against
his will, the admission of his guilt. The right against self-incrimination only applies to
testimonial compulsion. It may be invoked in all kinds of proceedings, even in
administrative, where testimony is to be taken, including investigation by legislative
bodies. (Pascual vs. Board of Medical Examiners)
When Is A Question Incriminating?
A question is incriminating when the answer of the accused or the witness would
establish a fact which would be a necessary link in a chain of evidence to prove the
commission of a crime by the accused or the witness.
As a general rule, a witness cannot refuse to answer questions although his

answer may tend to establish a claim against him. Exception to the rule is that a witness
may validly refuse to answer, under the right against self-incrimination if his answer will
tend to subject him to punishment for an offense, or under the right against self-
degradation, if his answer will have a direct tendency to degrade his character.
Do You Know That:
● Fingerprinting of an accused is NOT a violation of his right against self-

incrimination. (People vs. Tranca)
● Obtaining a sample of the handwriting of the accused would violate his right
against self-incrimination if he is charged with falsification.
● An accused cannot be compelled to produce a private document in his
possession which might tend to incriminate him. However, a third person in
custody of the document may be compelled to produce it.
● There is no voluntary and effective waiver of the right against self-
incrimination, the coerced statements cannot be used over the objection of
the person giving them.
● This exclusionary rule applies not only to confessions but also to admissions,
whether made by a witness in any proceeding or by an accused in a criminal
proceeding or any person under investigation for the commission of an offense.
Section 18. “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 INVOLUNTARY SERVITUDE

This right refers to a condition of enforced and compulsory service induced by
means of any scheme, plan or pattern, intended to cause a person to believe that if he or
she did not enter into or continue in such condition, he or she or another person would
suffer serious harm or other forms of abuse or physical restraint, or threat of abuse or
harm, or coercion including depriving access to travel documents and withholding
salaries, or the abuse or threatened abuse of the legal process.
Exceptions:
1. Punishment for a crime for which the person has been duly convicted.
2. Personal military or civil service in the interest of national defense
3. Return to work order issued by the DOLE Secretary or by the President.
Exploitation of Child Labor under Article 273

This is the crime committed by any person who shall retain a minor in his service as
payment of the indebtedness of the minor’s ascendant, guardian or person entrusted
with the custody of the minor.
Services rendered under compulsion in payment of a debt
This is the crime committed by a creditor who compels the debtor to work for him as a
household servant or farm laborer. If in some other capacity as office worker for example,
the crime is coercion.
Section 19. “1. Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall 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.”
RIGHT AGAINST EXCESSIVE, DEGRADING AND INHUMANE PUNISHMENTS
When there is Cruelty, Degradation and Excessive Punishment?
There is cruelty when it involves torture or the punishment is shocking to moral our
sense. The punishment is degrading when there is public humiliation. It is an excessive
punishment when the said punishment is not proportionate to the crime committed.
Section 20. “No person shall be imprisoned for debt or nonpayment of a poll
tax.”
RIGHT OF NON-IMPRISONMENT FOR NONPAYMENT OF DEBT
Debt refers to a contractual obligation, whether express or implied, resulting in any

liability to pay money. Section 20 simply states that no one can be imprisoned for
nonpayment of debt or of a poll tax. You cannot be put in jail for not paying your debt
from your neighbor or when you failed to pay your poll tax.
Example:
Tenants failed to pay by virtue of court order but tenants, hence, the court ordered
to arrest the tenants to pay their debt until covered.
This is a violation of Section 20 which states that no person shall be imprisoned

for debt.
However, FRAUDULENT DEBT may result in the imprisonment of the debtor if the debt
constitutes a crime such as estafa.
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
What is Double Jeopardy?
Double jeopardy is when a person is charged with an offense and the case is
terminated either by acquittal or conviction or in any other manner without the consent
of the accused, the latter cannot again be charged with the same or identical offense.
Section. 22 “No ex post facto law of bill of attainder shall be enacted.”
RIGHT AGAINST EX POST FACTO LAW
An "ex post facto law" is defined as –

a) a law which provides for the infliction of punishment upon a person for an act done
which, when it was committed, was innocent;
b) aggravates a crime or makes it greater than when it was committed;
c) changes the punishment or inflicts a greater punishment than the law annexed to
the crime when it was committed;
d) changes the rules of evidence and receives less or different testimony than was
required at the time of the commission of the offense in order to convict the
offender;
e) assuming to regulate civil rights and remedies only, in effect imposes a penalty or
the deprivation of a right which, when done, was lawful;
f) deprives persons accused of crime of some lawful protection to which they have
become entitled, such as the protection of a former conviction or acquittal, or of
the proclamation of amnesty;
g) in relation to the offense or its consequences, alters the situation of a person to his
disadvantage.
The prohibition on ex post facto laws only applies to retrospective PENAL LAWS.
RIGHT AGAINST BILL OF ATTAINDER
A Bill of Attainder is a legislative act which inflicts punishment without judicial trial. It
is a bill of attainder when there is a law that imposes a penal burden on a named
individual or easily ascertained members of the group, and that the said penal
burden is imposed directly by the law without trial.
Evaluation :
Directions : Fill in the table with the correct answers. Use the provided
letters in the answer bank. No erasures
Negative Positive Natural Political Statutory Rights

Rights Rights Rights Rights
A. Right to own I. Freedom to express R. Right against being

property love forced
B. Freedom of speech J. Freedom to be loved S. Right to be free from

control
C. Freedom of K. Right to live
expression T. Right to be protected
L. Maternity rights from unfair trade
D. Freedom of thought
M. Labour rights
E. Right to vote
N. Right to citizenship
F. Right to be voted for
O. Right to free access
G. Right to prohibit to education
usage of your property
P. Right to seek justice
H. Right against harms
Q. Right to protest
Directions : True or False
__________1. The writ of Habeas Corpus can be suspended in times of war
__________2. The legislative branch has the power to veto a law
__________3. Article III provides for Human Rights
__________4. Amendments are the same with Revisions
__________5. The Constitution is the supreme law of the land
__________6. National territory is an essential part of the Constitution
__________7. Nuclear weapons are not allowed within the Philippine territory
__________8. Article II is all about right to suffrage
__________9. Article III discusses a person's constitutional rights
__________10. Article I is an essential article
__________11. Revisions can be pushed via people's initiative
__________12. People's initiative requires 12 per centum of the total population
__________13. The dangerous tendency rule is set to thwart out seditious speeches
__________14. The right against self incrimination is guaranteed by Art. III
__________15. There are four rights guaranteed by Art. III Sec. 1
__________16. The Miranda rule is a right of an accused
__________17. Private property can bought cheaply for government use
__________18. Double Jeopardy is having the right to sue twice with the same facts
__________19. Right to travel cannot be restrained even by National Interest
__________20. Evidences acquired via wiretapping are valid
References:
Books
Aristotle, Politics
C. Wright Mills. The Power Elite

Bernas, J. G. (2009). The 1987 Constitution of the Republic of the Philippines: A
commentary. Manila, Philippines: Rex Book Store.
Bihasa, C. R. (2015). Introduction to public administration. Mandaluyong City: Books

Atbp. Publishing.
Calilung, F. C., & Bernardo-Tomagos, A. L. (2012). Pol gov: Essentials of politics and
government with the 1987 Philippine constitution. Mandaluyong City: Books Atbp.
Publishing.
Cruz, I. A., & Cruz, C. L. (2015). Constitutional law. Quezon City, Philippines:
Published and printed by Central Book Supply.
Pierre, Jon and B. Guy Peters (2000) Governance, Politics and the State. Houndmills,
Basingstoke Hampshire, England: MacMillan Press Ltd.
S., D. L. (2014). Textbook on the Philippine constitution. Manila: Rex Book Store.
Ranney, Austin.Governing: An Introduction to Political Science.New Jersey, Prentice

Hall,1999
Cases and Articles
CIR vs Algue
Lambino vs. Comelec (2006).
Outline Reviewer in Political Law by Justice Antonio Nachura (2015)
Websites
(n.d.). Retrieved August 30, 2020, from

http://www.lexanimo.com/2016/09/16/fundamental-powers-of-the-state/?i=1
Philippine Politics.2 (Polsci) - BSPE - PUP. (n.d.). Retrieved September 1, 2020,

from https://www.studeersnel.nl/nl/document/polytechnic-university-of-the-
philippines/bachelor-science-in-political-economy/overige/philippine-politics2-
polsci/5599238/view
Second Philippine Republic. (n.d.). Retrieved September 7, 2020, from

http://malacanang.gov.ph/5235-70th-anniversary-of-the-second-philippine-republic/
GOVPH. (n.d.). Retrieved September 14, 2020, from https://ppp.gov.ph/ppp-program
Guevarra, P. (n.d.). Retrieved September 14, 2020, from

http://www.csc.gov.ph/2014-02-20-02-22-48/2014-02-20-02-29-25.html
The Judicial Branch: GOVPH. (n.d.). Retrieved September 15, 2020, from
https://www.officialgazette.gov.ph/about/gov/judiciary/

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POLITICS AND GOVERNANCE WITH 1987 PHILIPPINE CONSTITUTION MODULE

Unit 1: Nature of Politics

Unit 4: Powers of the State

1. What are Rights?

COURSE DESCRIPTION : The course aims to introduce the students to the

LEARNING OUTCOME (LO)

On completion of the course, the student is expected to be able to do the following:

ATTRIBUTES OF IDEAL LEARNING OUTCOME(LO)

1. Course Paper 2. Research Paper

OTHER REQUIREMENTS AND ASSESSMENT

Projects (Research Output and Critique/Reaction Papers, Classroom 30%

GRADES PERCENTAGE DESCRIPTIVE RATING

LEARNING TOPIC No. of hours

Overview : This section will focus on the fundamentals of politics, political

1. To explain the nature of Politics

Content : What is Politics?

Decision making Decision enforcing

Input Process Output Externality

Problem Legislate an act that Cheaper Medicines Compliance to the

What is Political Science?

The following are the different branches of political science:

3. Public Administration – is the study of the bureaucracy, system of government, its

To illustrate, refer to the image below:

Why does Governance matter?

Governance as the management of State affairs plays an important role in maintaining

__________ 1. The literal meaning of "Zoon Politikon"

A. Social Self B. Political Self C. Political Animal

__________ 2. ______________ is a person who doesn't vote, doesn't involve himself in

A. Idiot B. Moron C. Ignorant

__________ 3. The process of decision making and enforcing

A. Economics B. Politics C. Political Science

__________ 4. Is the systematic study of power struggle and governance

A. History B. Political Science C. Demography

__________5. The study of political views and thoughts or doctrine

A. Political Theory B. Public law C. Public Administration

A. Political Theory B. Public law C. Public Administration

__________7. The study of governmental powers, duties and limitations of authority

A. Political Theory B. Public law C. Public Administration

__________8. The act of managing a State

A. Governance B. Ruling C. Politics

__________9. Which is an example of a Political Theory

A. Feminism B. Juvenile Justice and welfare act C. DSWD

__________10. The organization handling the overall functions of a State

A. People B. Government C. Sovereignty

1. To explain the nature of a State

Content : What is a State?

A state is an entity internationally recognized, composed of people, occupying a definite

Elements of the State

How is citizenship being rendered to a person? There are two rules:

Jus Sanguinis – Law of blood, if one of the parents is a citizen of a particular

Why is Citizenship crucial?

● Right to own real property

Maritime – all bodies of water inside the borders of the State.

Why does a State need to identify its borders?

As to the nature of sovereignty:

Internal vs External Sovereignty

Internal Sovereignty External Sovereignty

As to the dynamics of Sovereignty

Permanence – sovereignty is not extinguished in cases of change of government. Once

Theories State Creation

Philosopher Paradigm on Man Views on the State

Thomas Hobbes Man is Evil : Man if left State is necessary to

________________1. Might makes Right

2. ____ is a person who doesn't vote, doesn't involve himself in