GOVERNANCE, LAWS AND POLITICS

Origin of State
✓ Divine Rights – State is made by God
✓ Necessity or Force theory - state is created by some great force or warrior
✓ Social Contract theory – Voluntary compact of the people to create a state.
✓ Paternalistic theory – Origin form the family

State and Nation.

✓ Nation - refers to a group of people who shared culture, values, folkways, religion and/or
language/Ethnic Concept
✓ State - just refers to land with a sovereign government and people/Legal concept

When we combine the two, we can say that Nation-State refers to a group of people with one history,
language, culture, who were able to establish their own governments and sovereignty
Element of The State
✓ Territory – portion of land, water and airspace that subject to jurisdiction of the state
✓ People – All person living within the state during the whole time of the existence of the state.
✓ Government – agency in which the will of the state is formulated and expressed
✓ Sovereignty. The supreme power of the state to command and enforce obedience to their people. It is
freedom from foreign control.

State Distinguished from Government

✓ It is presumed that the Act of the Government is also the act of the state.
✓ The Government is only the instrument/agency in which the state articulates its will.
✓ State cannot exist without the government, but it is possible to have government without the State.
Example is during the Spanish and American Regime.

Inherent Power of The State

✓ Power of Eminent Domain - Acquisition of Privately-owned land for public purposes.
✓ Police Power - power of the state to create rules and regulation for the public health, public moral,
public safety and general welfare of its people.
✓ Power of taxation. Power to collect monetary contribution of the people to the government. Tax
Collection
Forms of The Government
✓ Monarchy –The King and Queen/Monarchs
 ▪ Absolute Monarchy – Monarchs hold the supreme power and made all the decision.
 ▪Limited Monarchy - Ruler rules according to the Constitution. Also known as Constitutional
Monarchy

✓ Aristocracy - Elite Political power is exercised by a few privilege elite

✓ Oligarchy – government of few/selected few., where power resides on the individual for corrupt and
selfish purposes.
✓ Democracy – Political power is vested on the majority of people.
 ▪ Direct or Pure Democracy – Whereas decisions are made directly from the people
 ▪ Indirect or representative Democracy – Decision are done through medium of delegates or
representative. People will vote their representative in the Government.
✓ Unitary Government – wherein the power is within the authority of the national government.
✓ Federal Government – wherein the power of the government is divided between two set of organs.
One for the National affairs and Local Affairs. Each organ is supreme within its own sphere.
✓ Communism – No Private Property. Everything is own by the Government.
✓ Meritocracy – Leadership by Talent.
✓ Presidential – The president holds executive powers only.
✓ Parliamentary – The presidents hold Executive and Legislative Power 1. Written Constitution – kind
of constitution wherein all provision are listed and define in a single document. Example is the 1987
Constitution of the Philippines.

Type of Constitution.
1. Written Constitution – kind of constitution wherein all provision are listed and define in a single
document. Example is the 1987 Constitution of the Philippines.
2. Unwritten Constitution – Opposite of Written constitution, All provisions are not contained in a
single paper but rather in different document.
3. Enacted Constitution or Conventional – Constitution made by deliberation of the Constitutional
Commission that is chosen to create and draft the Law of the Land.
4. Rigid or Inelastic – One that cannot easily amend or revise.
5. Flexible or elastic – one that can easily changed anytime.

Based on the foregoing kind of constitution, it is correct to say that 1987 Philippine Constitution is a
Written, Enacted and Rigid Constitution.

Part of Constitution
1. Constitution of Government – refers to those provision which define the power of any
instrumentality of the Government. Legislative, Executive and Judicial Part of the Government a
2. Constitution of Liberty - refers to those provision which define the right of the people. Bill of Rights
a good example.
3. Constitution of Sovereignty – Refers to those provision which outline the process by which the
people can revise/amend the constitution.

Constitutions of the Philippines

✓ Malolos Constitution
✓ 1935 Constitution or Commonwealth Constitution
✓ 1943 Constitution or Japanese Sponsored Republic
✓ 1973 Constitution
✓ 1987 Constitution
Highlights of 1987 constitution
✓ Fixed Term of six years for President
✓ President power to appoint is subject to confirm by Commission of Appointment
✓ Power of the President to declare Martial Law is subject to the approval of the Congress
✓ Senators have 2 terms while the Congressman has 3 terms
✓ Member of the Judiciary should be recommended by Judicial Bar Council

Types of writs
✓ Writ of Habeas Corpus – a court order that commands the government or law enforcement to bring
the prisoner before the court for justification of the legality of custody or detaining.
✓ Writ of Amparo- legal remedy for the protection of life, liberty and security.
✓ Writ of Habeas Data – Legal remedy available to any person who suffer from unlawful search or
gathering of any information
✓ Writ of Kalikasan – writ for the protection and preservation of the environment.
✓ Writ of Certiorari – writ issued by higher court requiring the lower court the elevate the case to them
for the purpose of review.
✓ Writ of Prohibition – order form the superior court to prohibits the lower court for further proceeding
in an action or matter.
✓ Writ of Mandamus – order from the superior court requiring the lower court to do their duty.
✓ Writ of Quo warranto–order in which the legality of the individual to the government position is
questioned and challenged.
BILL OF RIGHTS
Bill of Rights or The Charter of Liberty is the enumeration of person basic rights and privileges which is
guaranteed by the Constitution to protect a person in any form of abuses and discrimination by the state
agents.
Natural Rights: rights that believe it is important for all animals or even living beings to have out of
natural law. These rights are often viewed as unalienable, meaning they can almost never be taken away
Statutory Rights : is a right granted under a statute, whether federal or state. Statutory means relating to
statutes, which are laws enacted by a legislature or other governing body
Constitutional Right : is a right or freedom which is guaranteed to citizens by that country's constitution.
▪ Civil Rights
▪ Political Rights
▪ Social and Economic rights
▪ Right of the Accused

Three Branches of Government Legislative Judiciary

Executive
The branch of the department that The authority under the - Is the power to apply the law
executes the law constitution to make laws and contest and disputes concerning
alter legally recognize rights between the
state and private person

Separation of power
Each branch of Government is co-equal with each other and independent on their decision pertaining to
their own sphere. One cannot meddle the function of another because they have the same authority and
assume that they can decide in their own. But Separation of Power is not absolute

Principle of Check and Balances.

Each Branch has some check to one another to avoid abuse of power.
Executive Check (Check by the President).
✓ Veto Power of the President
✓ Pardoning power of the president
✓ Approved the appoint of Chief Justice

Legislative Check (Check by the Congress)

✓ Override the Veto of the President
✓ Reject certain or some appointment of the President
✓ Revoke the proclamation of Martial Law.
✓ Screen some International treaties of the President
✓ Prescribe the qualification of lower court judges
Judicial Check (Check by the Judiciary)
✓ Declaring the act of the President and congress as unconstitutional
✓ The Guardian of the Constitution.
✓ The Court of the Last Resort

EXECUTIVE BRANCH
Qualification
1. natural born Filipino;
2. a registered voter;
3. must be able to read and write;
4. 40 years of age at the day of the election; and
5. must have resided in the Philippines ten years before the election is held. POWERS OF THE
PRESIDENT Power of control over the executive branch control over all the executive departments,
bureaus, and offices Power ordinance power - power to give executive issuances
✓ Executive orders -
✓ Administrative orders
✓ Proclamations
✓ Memorandum orders
✓ Memorandum circulars
✓ General or special orders Powers of eminent domain Power to reserve lands of the public and private
domain of the government — Power over ill-gotten wealth Power of appointment Power of general
supervision over local governments
Term of offices of the president and vice president
The President and Vice President shall serve for not more than 6 years with no re-election. Contrary to
the previous ruling in the 1935 Constitution that the president may serve for 4 years with one re-election.
The framers of the Constitution absolutely prohibit the reelection of the President and Vice President
because of the lesson of the Martial law when former President Marcos had stayed in office for more than
20 years.
Powers
✓ Declare martial law and suspend the writ of habeas corpus
✓ To grant pardon, reprieve, commutation.
 Commutation – it is reduction of the sentence imposed to a lesser punishment (De Leon 2014)
 Pardon – it is the act of grace of the president that can free a person from punishment
 Reprieve – a postponement of execution of death sentence to a certain date (Deleon, 2014)
 Pardon Amnesty
Act of the President Alone Act of the President and Congress
Forgiveness Forgetful
Private act of the President Public act of the President.

LEGISLATIVE DEPARTMENT
Power of the Congress
✓ Specific Power
✓ To promote president in case of tie
✓ To Promote Social Justice
✓ To approve the existence of war
✓ To impeach
✓ Implied Power (In aid of Legislation)
✓ Inherent Power (Police power, Eminent Domain, Taxation)

Senate – 24 Senators
Qualification:
✓ Natural Born Citizen
✓ 35 years of Age
✓ Read and Write
✓ Resident of the Philippine for not less than 2 years
✓ Maximum Term: 6 years, 2 consecutive terms only

House of Representative
✓ Natural Born Citizen
✓ 25 years of Age
✓ Read and Write
✓ Maximum term: 9 years, 3 consecutive terms only.
Freedom from arrest of member of congress
 Every member of the congress is vested of the immunity from arrest while the congress is in
session. This is to not to hinder them on performance of their duty which is to create law for the
welfare of the People. But immunity form arrest is not absolute.
When immunity cannot be invoked
✓ If the offense is punishable of more than 6 years imprisonment.
✓ Congress in no longer in session

JUDICIAL DEPARTMENT
Qualification of member of supreme court ( 1 Chief Justice and 14 Associated Justices)
✓ Natural Born Filipino
✓ 40 years of Age
✓ 15 years of practice of Law, Judge or Not

Appointment of supreme court and lower court judges

1. A list of three nominees prepared by Judicial Bar Council
2. Should be approved the President of the Philippines
3. For Judges of lower court, the approval shall be made within 90 days.
✓ Note: The President cannot appoint anyone outside the list of the JBC but he/she can ask for
more additional nominees.

Scope of Judicial Review

✓ Adjudicatory Power
▪ To settle actual controversies involving rights which are legally demandable and enforceable
▪ If there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on any
part or instrumentality of the government
✓ Judicial Review – to declare the act of the executive or legislative as unconstitutional.
✓ Incidental powers – power to punish person

LOCAL GOVERNMENT
This refers to a political subdivision of a nation or state which is constituted by law and has substantial
control of local affairs with official elected or otherwise locally selected (De Leon, 2014)
Local Autonomy - is the exercise of certain basic powers, police power, power of eminent domain and
taxing power by local government units so as to best serve the interest and promote the general well-
being of their inhabitants.
Powers of the Local Governments
✓ To have continuous succession in its corporate name
 ✓ To sue and be sued
✓ To acquire and convey real or personal properties
✓ To enter in contract

Local Government Units in the Philippines

✓ Baranggay
✓ Municipality
✓ City
✓ Province
✓ Autonomous Region

ACCOUNTABILITY OF PUBLIC OFFICERS

Meaning of Public Office and Officer
Public office – it is the right, authority, and duty created and conferred by Law by which, for a given
period either fixed by Law, or enduring at the pleasure of the appointing power, an individual is invested
with some portion of the sovereign function of the Government to be exercise by him for the benefit of
the public (De Leon, 2014)
Public Office Is A Public Trust
1. Significance of a Constitutional Declaration
2. Standard required of public servant
✓ He is truth
✓ Act with Patriotism
✓ Act with Justice
✓ Lead Modest lives
3. Conflict of Interest to be avoided
4. Prohibition or Disabilities on certain officials.
Impeachment
It the process wherein the President, Vice President, Member of the supreme court, Member of the
Constitutional commission and ombudsman, may be remove form office if they commit impeachable
offence as prescribe in the constitution.
Grounds for Impeachment
✓ Culpable Violation of the Constitution –
✓ Treason
✓ Bribery
 ✓ Graft and Corruption
✓ Betrayal of Public Trust
✓ Other High Crimes

Power to initiate and try Impeachment Case

The House of Representatives serve as the initiating body in the Impeachment Case. After that, the Senate
has the power to try and serve as Impeachment court.
Penalty in impeachment case
Only removal from office and disqualification to any office under the state are the penalty imposed by the
official. However, the convicted party may still face charges after the impeachment and may be still face
different trial in the court of Law.

EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS

Compulsory elementary education for all children of school age.
The constitution provides that children of school age should enjoy the education as it is necessary to their
character and mind formation. It also seeks to lessen the case of child social issues such as child labor,
prostitution or even child who has conflict with Law. The High school level school be encouraged and
free for children.

Optional religious instruction in public elementary and high school to be allowed

The Constitution expressly ordains that subject related to religion shall only be taught if met the
following requirements;
1. It should be within the regular class hour
2. The Parents and Guardian must have permission express in writing about the religion subject to be
taught be their children.
3. The instruction must be designated or approved by the religious authorities
4. No addition cost by the government for such teaching

Academic Freedom of the teachers.

It refers to the freedom of College professors to investigate and discussion it ow scientific
breakthrough, discovery or conclusion through any proper means of dissemination such as publication
without any interference. They also enjoy to innovate or experiment instructional method which can fit to
the students and enjoy the freedom to pursue further education.
Academic Freedom to the Students.
Student should enjoy the freedom to express their thoughts and emotion pertaining to the school
policies and program. They also entitle to form association, not contrary to the law, that have programs
beneficial to the welfare of the school and students. Academic freedom of the students, however, are still
subject to reasonable supervision of the school as to ensure that it is not inconsistent with the existing
Law.