Philippine Governance and Constitution

Ranises, Rodel G.

State
A state is a community of persons that is permanently occupying a definite portion of territory, having a government of their own and enjoying freedom from external control

Elements of a State:

1. People refers to the mass of population living within the state.

2. Territory includes not only the land over which the jurisdiction of the state extends, but also rivers, lakes and etc.

3. Government refers to the agency through which the will of the state is formulated, expressed and carry out.

4. Sovereignty can be defined as the supreme power of the state to command and enforce obedience.

Difference between State and Nation

State is a political concept, while nation is an ethnic concept. A state is not subject to external control while a nation may or may not be independent of external control.

A single state may consist of one or more nations or peoples and conversely, a single nation may be made up of several states.

Government

- is only the agency through the state expresses its will.

- may change, its form may change.

- the acts of the government are the acts of the state, the former is meant when the latter is mentioned and vice versa.

Purpose of Government

Advancement of the public welfare

Consequence of absence

Forms of Government
As to number of persons exercising sovereign powers:

1. Monarchy the supreme authority is in the hands of a single person

a. Absolute monarchy rules by divine right

b. Limited monarchy rules in accordance with a constitution

1. Aristocracy political power is exercised by a few privileged class 2. Democracy political power is exercised by a majority of the people a. Direct/Pure democracy b. Indirect democracy

As to extent of powers exercised by the central or national government:

1. Unitary Government
2. Federal Government As to relationship between the executive and the legislative branches of the government: 1. Parliamentary government 2. Presidential government

Constitution:
- body of rules and principles in accordance with which the powers of sovereignty are regularly exercised.

Kinds of Constitution:

Origin &history:Conventional, Cumulative Form: Written, Unwritten Amending them: Rigid, Flexible

Preamble
- It is an introduction to the main subject. It is the prologue of the Constitution.

Article I: National Territory

As provided in Article I, it comprises:

1. The Philippine archipelago with all the islands and waters embraced therein.
2. All other territories over which the Philippines has sovereignty or jurisdiction. 3. The terrestrial, fluvial and aerial domains including the territorial sea, the seabed, the subsoil, the insular shelves and other submarine areas thereof; and

4. The internal waters.

Article II: Declaration of Principles & State Policies

A republican government is a democratic government by representatives chosen by the people at large. The people have established the government to govern themselves.

International Law and its Principles

- refers to the body of rules and principles which governs the relations of nations and their respective people

When international usage to be applied

A treaty has force of a statute Constitution prevails over a treaty

Supremacy of Civilian Authority

1. Inherent in a republican system 2. A safeguard against military dictatorship

Duties of the Government

to serve and protect the people

Separation of State and the Church

Implied in other constitutional provisions Meaning Church is not to interfere in purely political matters or temporal aspects of man's life and the State.

State Policies Social Justice

SEC.10. The State shall promote social justice in all phases of national development.

This policy mandates the State to promote social justice in all phases of national development. In the fulfillment of this duty, the State must give preferential attention to the welfare of the less fortunate member of the community.

Human Rights
SEC.11. The State values the dignity of every human person and guarantees full respect for human rights.

A human person is a being and not a thing. He is entitled to respect because he is a human. Implied in this principle is the recognition that the human person is the end and purpose of every social organization, the State included.

Family as a Basic Social Unit

It mandates the State to recognize the sacredness of family life and to strengthen the family. The government may not enact any law or initiate measures that would break up or weaken the family as a social unit, or in the guise protecting the family, interfere in purely internal family matters.

Right to life of the unborn from conception and of the mother

The Unborn child has a basic human right to life which the State is enjoined to protect, along with infants and children. In short, Once conceived, a child has a right to be born and the right to live.

Youth

A duty both of parents and government Right of State to interfere with education of children Power of State to regulate all schools The State and parental obligations Duty of State to encourage educational institutions

Article III Bill of Rights

Declaration and enumeration of a person's rights and privileges which the Constitution is designed to protect against violations by the government or by an individual or groups of individual.

Classification of Rights
1. Natural rights they are those rights possesses by every citizen without being granted by the State for they are given to man by God as a human being. 2. Constitutional rights rights which are conferred and protected by the Constitution.

3. Statutory rights rights which are provided by laws promulgated by the law-making body and consequently, may be abolished by the same body

Meaning of Due Process

Any deprivation of life, liberty, or property by the State is with due process if it is done

1. under the authority of a law that is valid or of the Constitution itself 2. after compliance with fair and reasonable methods of procedure prescribed by law.

Aspects of Due Process

1. Procedural due process the method or manner by which the law is enforced. 2. Substantive due process requires that the law itself, not merely the procedures by which the law would be enforced, is fair, reasonable, and just.

Meaning of Life, Liberty and Property

Life means something more than mere animal existence.

Liberty denotes that not merely freedom form physical restraint also embraces the right of man to use his facilities. Property may refer to the thing itself or to the right over a thing. Equal protection of the laws signifies that all persons subject to legislation should be treated alike, under like circumstances and conditions both in the privileges conferred and inabilities imposed.

Meaning of Equal Protection of Law

Search, Arrest & Seizure

Search warrant an order in writing to search for certain personal property and bring it before to the court. Warrant of Arrest the command is to arrest a person designated.

Seizure if made without a search warrant is not necessarily illegal, and one made under a search warrant is not necessarily legal.

Freedom of Expression, Religion, Abode & Travel

Freedom of speech and expression and of the press, Implies that the right to freely utter and publish whatever one pleases without previous restraint, and to be protected against any responsibility for so doing as long as it does not violate the law. Religious freedom, is the right of a man to worship God. Abode and Travel, is the right of a person to have his home in whatever place chosen by him.

Inherent Powers of the Government: Police Power, Power of Taxation, Power of Eminent Domain

Eminent Domain: is the right or power of the State or of those to whom the power has been lawfully delegated to take private property for public use upon paying to the owner a just compensation to be ascertained according to the law. Police Power: the power of the State to enact such laws or regulations in relation to persons and property as may promote public health, public morals, public safety, and the general welfare and convenience of the people. Taxation: is the power of the State to impose charge or burden upon persons, property, or property rights, for the use and support of the government and to enable it to discharge its appropriate functions.

Meaning & Scope of Law & Contract

Obligation of a contract, is the law which binds the parties to perform their agreement according to its terms or intent.

Scope: law, the enactment of which is prohibited, includes executive and administrative orders of the President and departments whereas the contract, is the obligation of which is secured against impairment under the Constitution, includes contracts entered into by the government.

Writ of Habeas Corpus

- it is an order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, and to shoe sufficient cause for holding in custody the individual so detained.

Debt & Tax

Debt any liability to pay money arising out of a contract, express or implied.
Poll tax a fixed amount imposed on individuals residing within a specified territory.

Double Jeopardy

It means that 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 express consent of the accused, the latter cannot again be charged with the same or identical offense.

Ex Post Facto Law

Makes an act done before the passage of a law, innocent when done, criminal, and punishes such act; or

Aggravates a crime or makes it greater than when it was committed; or

Changes the punishment and inflicts a greater punishment than what the law annexed to the crime, when committed; or Alters the legal rules of evidence, and receives less testimony than or different testimony from what the law required at the time of the commission of the offense, in order to convict the offender.

Article IV Citizenship

Distinction between: Citizen & National Citizenship & Nationality, Subject & Alien

Citizen is a person having the title of citizenship

Citizenship is a term denoting membership of a citizen in a political society.

Nationals includes not only its citizens who enjoy full civil and political privileges but also all others who are not its citizens, but because they owe allegiance to it, are not regarded as aliens. Subject a citizen that is in a monarchial state

Alien a citizen of a country who is residing in or passing through another country

Naturalization

The act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship.

Duties & Obligations of Citizens

1. To be loyal to the Republic a. Pride in one's country b. Absolute and permanent allegiance to his government 2. To love and defend the country a. Love of country shown not by words but by deeds b. Readiness to sacrifice his life in defense of his country 3. To contribute to the development and welfare of the State a. Many ways of contributing to country's welfare b. Working together for the common good 4. To uphold the Constitution and obey the laws

5. To cooperate with duly constituted authorities

a. Active concern with affairs of government

6. To exercise rights responsibly and with due regard for the rights of others

a. Exercise of rights to prejudice others not permissible

b. Right to liberty not absolute 7. To engage in gainful work

a. Duty to be a useful and productive of society

b. Duty to work hard 8. To register and vote

a. Duty to vote responsibly

b. Duty to guard and protect the integrity of his vote

Article V Suffrage

Meaning of Nature & Scope of Suffrage

Suffrage is the right and obligation to vote of qualified citizens in the election

Nature of Suffrage

a. A mere privilege a privilege to be given or withheld by the lawmaking power subject to constitutional limitations.

b. A political right enables every citizen to participate in the process of government to assure that it derives its powers from the consent of the governed.

Scope of Suffrage

a. Election
b. Plebiscite c. Referendum

d. Initiative
e. Recall

Secrecy & Sanctity of Ballot

1. Untrammeled exercise of the right to vote

2. Voting by the disabled and illiterates

a. Congress will have to enact a law prescribing procedures that will enable the disabled and the illiterates to secretly cast their ballots without requiring the assistance of other persons. b. Until Congress provides for the appropriate procedure, they shall be allowed to vote under the existing law and such rules as the Commission on Elections to protect the secrecy of the ballot

Absentee Voting

Extends the right of suffrage even to Filipinos abroad provided they possess all the qualifications mentioned therein and none of the disqualifications provided by law They remain liable to pay taxes, and are subject to many of its laws. Hence, they should also be given the constitutional right to vote

Article VI Legislative Department

Legislative Power is the authority under the Constitution to make laws and subsequently, when the need arises, to alter and repeal them. Bicameral a legislature that was created in place of the unicameral set-up provided in the 1973 Constitution.

Advantages of bicameralism

It serves as a training ground for future leaders

It provides a representation for both regional and national interests

Less susceptible to bribery and control of big interests

Disadvantages of bicameralism

It has not worked out as an effective fiscalizing machinery It produces duplication of efforts and serious deadlocks

Checks & Balances in the Government

1. Checks by the President Through the pardoning power, he may modify or set aside the judgments of courts. 2. Checks by the Congress Congress may override the veto of the President reject certain appointments of the President and amend or revoke decisions of the courts. 3. Checks by the Judiciary They serves as the final arbiter may declare legislative measures or executive acts unconstitutional.

The Congress

It is the lower chamber of the Congress of the Phil.

Qualifications: a natural born citizen of the Philippines; at least 25 years of age on the day of the election; able to read and write; a registered voter in the district in which he'll run; a resident thereof for a period of not less than one year preceding the day of the election.

Salaries of members of Congress

Effectivity of increase Purpose of restriction

When immunity cannot be invoked:

The offense by reason of which the arrest is made punishable by more than six years. Congress is no longer in session

When immunity cannot be claimed:

The member is not acting as a member of Congress The member is being questioned in Congress

Disqualification from being a member in Congress

Incompatible office Forbidden office

Limitations on the power of Congress

Substantive- they refer to the subject matter of legislation, and they may be:

a. Implied limitations b. Specific limitations on general legislative powers

c. Specific limitations on specific powers

Formal the procedural requirements to be complied with by Congress in the passage of bills

Bill & Statue

Bill is a draft of a law submitted to the consideration of a legislative body for its adoption

Statue is the written will for the legislature as an organized body expressed according to the form necessary to constitute it into a law of the state, and rendered authentic by certain prescribed forms and solemnities.

Article VII Executive Department

Veto Power

It is the power vested in the President to disapprove acts passed by Congress.

Qualification of the President & Vice-President:

He is a natural born citizen of the Phil. He is a registered voter

He is able to read and write

He is at least forty years of age on the day of the election He is a resident in the Philippines for at least ten years.

Presidential Succession

Before assumption of office by the President-elect at the time fixed for the beginning of his term

After assumption of office by the President-elect at the time fixed for the beginning of his term.

Terms of Office

The President and Vice-President enjoy security of tenure. Their term of office is six years.

Meaning & Steps of Treaty-Making:

Meaning: It may be defined as a compact made between two or more states, including international organizations of states, intended to create binding rights and obligations upon the parties thereto. Steps in treaty-making:

1. Negotiation 2. Approval or Ratification

Article VIII Judicial Department Organization of Courts

1. Regular Courts
a. Court of Appeals b. Regional Trial Court

c. Metropolitan Trial Court

2. Special Courts a. Sandiganbayan b. Court of Tax Appeals

Powers of Courts

The Congress cannot diminish or otherwise impair the original and appellate jurisdiction of the Supreme Court. No law shall be passed reorganizing the judiciary when it undermines security of tenure guaranteed in Sec11.; and

No law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and concurrence General empowered to decide all disputes which may come before it except those assigned to other courts Limited authority to hear and determine only few cases Original it can try and decide a case presented for the first time Appellate it can take a case already heard and decided by a lower court removed from the latter by appeal Exclusive it can try and decide a case which cannot be presented before any other court Concurrent one of two or more courts may take cognizance of a case

Jurisdictions of Courts

Criminal exists for the punishment of crime

Civil exists when the subject matter is not about crime

Composition of the Supreme Court

The Supreme Court has 15 fifteen members including the chief justice to cope with the continuing increase in the number of cases brought about by a growing population. The Constitution requires any vacancy to be files within ninety days from the occurrence thereof.

Qualifications of Justices

Must be a natural born citizen of the Philippines

Must be at least 40 years of age

Must have 15 years or more, been a judge of a lower court or engaged in the practice of law in the Philippines.

He must be a person of proven competence, integrity, probity and independence.

Qualifications of Justices

Constitutional

a. Must be a citizen
b. Must be a member of the Philippine Bar c. Must be a person of proven competence, integrity, probity and independence

Appointment of Office

Non-political process of selection and appointment

List of at least three nominees

Judicial and Bar Council Exclusive authority to recommend appointees to judiciary

Compensation of the Judiciary

Prohibition against reduction Until Congress shall provide otherwise the initial annual salary of the Chief Justice.
Purpose of the prohibition to attract good and competent men to the bench and to promote their independence of action and judgment

Tenure of Office of members of the Judiciary

Importance of security tenure

Retirement age Termination of right to hold office

Abolition of office

Article IX Constitutional Commissions

Common Provisions

Directly created by the Constitution Supreme within their own sphere

Appointment and Removal from Office

The four Constitutional Commissions have, accordingly, the power to appoint their own officials and employees and to remove them.

The Civil Service Commission

Sec 1. The civil service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural born citizens of the Phil. and at the time of their appointment, at least 35 years of age, with proven capacity for public administration and must not have been candidates for any elective position in the elections immediately preceding their appointment.

The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without any reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall apply any Member be appointed or designated in a temporary o acting capacity.

Qualifications of the Commissioners

Must be natural born citizens of the Phil Must be at least 35 years of age Must be persons with proven capacity for public administration Must not have been candidates for any elective position

Merit System

Merit determined through competitive examination Other methods of determining merit It can be by past school records, experience in actual work, achievements of a character relevant to the position to be filled and such other tests modern educational science has produced. Benefits from system as shown by experience the world over, secures efficiency in government service and promotes social justice.

The Commission on Election Qualifications of the Commissioners

Must be a natural born citizens of the Phil

Must be at least 35years of age At least holders of a college degree

Must not have been candidates for any elective position

Powers and Functions of the Commission

1. To enforce laws relative to the conduct of elections 2. To decide election contests a. Purpose of election contest its purpose is to ascertain the candidate lawfully elected to office.

b. Jurisdiction over election contest

3. To decide all questions affecting elections 4. To deputize law enforcement agencies 5. To register political parties and accredit its citizens' arms a. Non-registrable political parties b. Prohibited financial contributions c. Role of citizen's arms 6. To file petitions, investigate and prosecute

7. To recommend measures

To recommend removal or disciplinary action

To submit report
To perform other functions

Political Party

Voluntary organization of citizens advocating certain principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, designates and supports certain of its leaders as candidates for public office.

Free and open party system:

Growth of political parties encouraged

Experience under the two-party system

Merits and demerits Need for a strong opposition party

The Commission on Audit Qualifications of the Commissioners

Must be natural born citizens of the Phil. Must be at least 35 years of age

Must be certified public accountants with not less than ten years of auditing experience or members of the Philippine Bar who have been engaged in the practice of law for at least ten years. Must not have been candidates for any elective position

Purpose of the Commission

The overriding objective is to make the accountability of public officers entrusted with receipt, custody or disposal of public funds a reality. The importance, therefore, of the Commission on Audit cannot be overestimated.
The Chairman & the Commissioners are appointed by the President w/ the consent of the Commission on Appointments for a term of seven years w/o reappointment

Functions of the Commission

To examine, audit, and settle accounts To act as central accounting office of the government To define the scope of its audit and examination

To promulgate accounting and auditing rules and regulations

To submit an annual financial report and recommend measures

To perform other duties and functions

Congress as the fund raising authority of the government raises money through taxation, bond issues, and other means To audit is to adjust; to allow or reject; to ascertain; to make a formal or official examination or verification of an account or books of accounts for the purpose of ascertaining their correctness.

Audit & Settlement of Accounts

To settle means to establish, to fix, to free from uncertainty. It involves the making of a certification of the balances due in favor of or against the government. An account has been defined as detailed statement of the mutual demands in the nature of debit and credit between parties, arising out of contract or some fiduciary relation.

Article X Local Government

Meaning: refers to a political subdivision of a nation or state which is constituted by law and has substantial control of local affairs, with officials elected or otherwise locally selected. Importance: Local affairs can best be regulated by the people in the locality rather than by the central authority, the grant of local autonomy to local units is considered extremely necessary for a more efficient local government system. Territorial:

1. Provinces, cities, municipalities and barangays are political bodies corporate endowed with powers to be exercised by and through their respective local governments conformably with law. 2. the creation of special metropolitan political subdivision and autonomous regions for Muslim Mindanao and for the Cordilleras

Term of Office

Term limits: In the case of other elective local officials, their term of office shall be three years and they cannot serve for more than three consecutive terms. Reasons: The prohibition will help eliminate the so-called political wardlordism in provinces, cities and municipalities which in the past has been a source of abuse. In the case of barangay officials: Their powers are very limited and usually their jurisdiction covers a small area.

Representation
Sec.9. Seeks to enhance bodies of local governments shall have sectoral representation as may be prescribed by law.

It seeks to enhance greater participation and representation by the people in policy-making on the local government level.

Creation, Division, Merger of Local Government Units

Conditions: any local government unit may be created, divided, merged, abolished or its boundary substantially altered provided:

a. The change is in accordance with the criteria established in the Local Government Code b. Approved by a majority of the votes cast in the plebiscite in the political units directly affected.

Aim of the provision: this aims to avoid the indiscriminate practice in the past of breaking up provinces into several provinces, merging two or more municipalities into one, creating new cities, etc., without any definite criteria.

Creation of Autonomous Regions

Sec. 15. authorizes the creation of only two autonomous regions, one for Muslim Mindanao and another, for the Cordillera as distinct territorial and political subdivisions of the Republic of the Philippines.

Sec. 15. also provides the constitutional basis for the existence of autonomous regions.

Composition of Autonomous Regions

They shall consist of provinces, cities and municipalities and geographical areas which share common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics. The creation of an autonomous region shall be accomplished within the framework of the Constitution and subject to the national sovereignty as well as territorial integrity of the Republic of the Philippines.

Preservation of Peace & Order

The defense and security of the regions shall be the responsibility of the national government.
This responsibility is entrusted to the local police agencies to which it properly pertains. To insure its proper discharge, such police agencies shall be organized, maintained, supervised & utilized in accordance with applicable laws.