Outline

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Philippine Government and the Constitution
The nature and concept of politics
Politics is the exercise of power or authority, it is seen as a process of
collective decision-making, as the allocation of scarce resources, as an
arena of deception or manipulation. Politics is a social activity; it
develops out of diversity (the existence of range of opinions, wants,
needs or interests and said diversity is closely linked to the existence of
conflict. Politics is about decisions, collective decisions that are binding
upon a group of people.
Politics as the Art of Government: It is the exercise of control within society through
the making and enforcement of collective decisions. This definition was derived from
the word “polis” which literally means city-state. Ancient Greek society was divided
into a collection of independent city-states, each of which possessed its own system
of government. Politics can be understood to refer to the affairs of the polis.
A person is said to be in politics when they hold a public office or be entering politics
when they seek to do so, the right of a person or institution to make decisions on
behalf of the community. According to David Easton-politics is the authoritative
allocation of values; politics has therefore come to be associated with policy, formal
or authoritative decisions that establish a plan of action for the community.
Moreover, it takes place within a polity-a system of social organization centered upon
the machinery of government.
Politics as the art of the possible: Politics is a means of resolving conflict by
compromise, conciliation, and negotiation, politics is seen as that solution to the
problem of order which chooses conciliation rather than violence and coercion.
Politicians themselves are typically held in low esteem because they are perceived to
be power-seeking hypocrites who conceal personal ambition behind the rhetoric of
public service and ideological conviction.
Politics as public affairs: The distinction between the political and non-political
coincides with the division between the political and non-political coincides with the
division between an essential public sphere of life and what is though as a private
sphere. Politics goes on within public bodies such as the government but does not
take place within the private domain – the home, family and personal relationships.
Politics as a public activity stops only when it infringes upon personal affairs and
institutions.
For this reason, while many people are prepared to accept the form of politics takes
place in the workplace, they may be offended and even threatened by the idea that
politics intrudes into family, domestic and private life. From the liberal point of view,
the maintenance of the public/private distinction is vital to the preservation of
individual liberty, typically understood as a form of privacy or non-interference. If
politics is regarded an essentially public activity centered upon the state, it will
always have a coercive character-the state has the power to compel the obedience of
its citizens.
Politics as a distinctive form of human activity, as it pervades every corner of human
existence. Politics is at the heart of all collective activity, formal and informal, public
and private, in all human groups, institutions and societies. Politics thus arises out

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of the existence of scarcity, while human needs and desires are infinite, the
resources available to them are always limited, politics therefore comprises any form
of activity through which conflict about resource allocation takes place.
Politics is the process by which communities pursue collective goals and deal with
their conflicts authoritatively by means of government. When we say politics is a
process, we mean that it is a continuing sequence of events and interactions among
various actors, such as individuals, organizations and governments. The concept of
process also implies that these political interactions generally take place within a
structure of rules, procedures and institutions rather than haphazardly.
More than anything else, politics is about how people organize their collectively
tackling the problems they face. A community can be any interacting collectivity of
individuals, from the tiniest village to the world as a whole. Whichever size of the
community may be, human beings from time immemorial have found ways to
organize their interactions in order to promote various goals or endeavors. Perhaps
the most basic goals sought by just about every country in the world are physical
security and material well being. Virtually all nations want to secure the safety of
their population and territory against outside aggression and most would want to
improve their living standards.
Beyond these basic goals, communities can choose from a list of potential ones, from
maximizing individual freedom to improving social welfare, from cleaning up the
environment to building powerful military establishments. In the best circumstances,
the members of a community are able to define and accomplish their goals on the
basis of cooperation. But few communities are also fortunate as to be without
conflict. Even if there is wide consensus on what the community’s goals should be,
conflicts frequently arise over how to go about achieving them. Indeed, many
political observers would assert that conflict is the driving force of politics.
The Government and State
Government is that institution or aggregate of institutions by which an independent
society makes and carries out those rules of action which are necessary to enable
men to live in a social state or which are imposed upon the people forming that
society by those who possess the power or authority of prescribing them.
The activity of government involves the ability to make decisions and to ensure that
they are carried out. Government functions in the making of laws, implementation
of laws and the interpretation of laws.
Government is the aggregate of authorities, which rules a society. The functions of
government are as follows: 1) delivery of goods and services; 2) regulation/control
behavior; 3) extraction of support; and 4) information and communication.
Forms of government: As to the number of persons exercising sovereign powers
1. Monarchy-one in which the supreme and final authority is in the hands of a single
person without regard to the source of his election or the nature or duration of
his tenure, monarchies are further classified into: 1) absolute monarchy: one in
which the ruler leader by divine right; 2) limited monarchy: one in which the
leader rules in accordance with the constitution.

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2. Aristocracy-one in which political power is exercised by a few privileged class,
which is known as the aristocracy or oligarchy
3. Democracy-one in which political power is exercised by a majority of the people,
democratic government are further classified into: 1) direct or pure democracy-
one in which the will of the state is formulated or expressed directly and
immediately through the people in mass meeting or primary assembly rather
than through a medium of delegates or representatives chosen to act for them;
2) Indirect, representative or republican democracy: one in which the will of the
state is formulated and expressed through the agency of a relatively small and
select body of persons chosen by the people to act as their representatives.
As to the extent of powers exercised by the central or national government:
1. Unitary Government: one in which the control of national and local affairs is
exercised by the central or national government
2. Federal Government: one in which the powers of government are divided
between two sets of organs, one for national affairs and the other for local
affairs, each organ being supreme within its own sphere.
As to the relationship between the executive and the legislative branches of
government:
1. Parliamentary: one in which the state confers upon the legislature the power to
terminate the tenure of office of the real executive. Under this system, the
cabinet or ministry is immediately and legally responsible to the legislature and
immediately or politically responsible to the electorate
2. Presidential-one in which the state makes the executive constitutionally
independent to the legislature as regards his tenure and to a large extent as
regards his policies and acts and furnishes him the necessary powers to prevent
the legislature from trenching upon the sphere marked out by the constitution as
executive independence and prerogative
State-is a community of persons more or less numerous, permanently occupying a
definite portion of territory, independent of external control and possessing an
organized government to which a great body of inhabitants render habitual
obedience. The government of a state may be overthrown but the state remains.
The state has four components and these are territory, sovereignty, government and
people.
Elements of the state:
1. People: refers to the mass of population living within the state. Without people
there can be no functionaries to govern and no subjects to be governed. There is
no requirement as to the number of people that should compose a state. But it
should be neither too small nor too large: small enough to be well governed and
large enough to be self-sufficing
2. Territory: it includes not only the land over which the jurisdiction of the state
extends, abut also the rivers and lakes therein, a certain area of sea which
adjoined upon its coasts and the air space above it.
3. Government: it refers to the agency through which the will of the state is
formulated, expressed and carried out. Government used to refer to the person
or aggregate of those persons in which hands are placed for the time being the
function of political control.
4. Sovereignty: defined as the supreme power of the state to command and enforce
obedience to its will from people within its jurisdiction and corollary to have
freedom from foreign control. It may be internal or the power of the state to rule

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within its territory or external or the freedom of the state to carry out its
activities without subjection to or control by other states
Origins of the state:
1. The Divine Right theory: the state is of divine creation and the ruler is ordained
by God to govern the people. Reference has been made by advocates of this
theory to the laws which Moses received at Mt. Sinai
2. Necessity or force theory: it maintains that states must have been created
through force, by some great warriors who imposed their will upon the weak
3. Paternalistic theory: it attributes the origin of states to the enlargement of the
family which remained under the authority of the father or mother. By natural
stages, the family grew into a clan, then developed into a tribe which broadened
into a nation, the nation became a state
4. Social Contract theory: it asserts that early states must have been formed by
deliberate and voluntary compact among people to form a society and organized
government for their common good. This theory justifies the right of the people
to revolt against a bad ruler.
State distinguished from nation:
1. The state is a political concept, while nation is an ethnic concept. A nation is a
group of people bound together by certain characteristics such as common origin,
language, customs and traditions and who believe that they are one and distinct
from others.
2. The state is not subject to external control while a nation may or may not be
independent of external control
3. A single state may consist of one or more nations or peoples and conversely a
single nation may be made up of several states. The United States is a melting
pot of several nationalities, on the other hand, the Arab nation is divided
politically into several sovereign states among them are Egypt, Saudi Arabia,
Jordan, Syria, Lebanon
State distinguished from government:
1. The government is only the agency through which the sate expresses its will. A
state cannot without a government, but it is possible to have a government
without a state. Thus we had various governments at different periods of our
history.
2. A government may change, its form may change, but the state, as long as tis
essential elements are present, remains the same
Main concepts in Government:
Power to-the ability to achieve a desired outcome, power over-is thought of a
relationship of control by one person over another. Power is seen as the capacity to
make formal decisions, which are in some way binding upon others.
Influence is the ability to affect the content of decisions though some form of
external pressure, highlighting that fact that formal and binding decisions are not
made in a vacuum. Influence may therefore involve anything from organized
lobbying and rational persuasion, through open intimidation
Authority is the right to exercise power, is based upon a perceived right to rule and
brings about compliance through moral obligation on the part of the ruled to obey.
Authority always has a moral character. This implies that that it is less important

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that authority is obeyed than that it should be obeyed. In this sense, a teacher is
said to have authority to demand homework from students even if they persistently
disobey. The relationship between authority and an acknowledged right to rule
explains why the concept is so central to the practice of government, in the absence
of willing compliance, governments are only able to maintain order by the use of
fear, intimidation and violence.
Legitimacy is the quality that transforms power into rightful authority; it confers
upon an order or command, an authoritative or binding character, ensuring that it is
obeyed out of duty rather than because of fear. Legitimacy is considered as the
widespread acceptance of the exercise of power and authority. In the absence of
legitimacy, government can only be sustained by fear, intimidation and violence.
The Concept of Governance:
Why the concern on governance?
The emergence of new government has been propelled by the decline of state
capabilities, particularly its financial resources during the 1980s and 1990s. The
management of the financial crisis of the state has highlighted the tremendous
inertia associated with changing both revenue structures and expenditures. Another
component of this problem has been the waning political support; the public’s
reluctance towards further tax rises is surpassed only by its resistance to cutbacks in
public spending. In a governance perspective, we see governments essentially
unable to transform the economy; expenditures patterns are politically sensitive and
administratively locked in while taxes and other revenues must be handled with
great political caution. Governments have not been totally inert. They have fund
that consumption taxes provoke less resistance than do income taxes and they have
also found that fees and taxes linked to specific expenditures are palatable to the
public, but the state still encounters public skepticism about raising revenue.
Within this context, governance has become an attractive philosophy and political
strategy. By involving private actors and organized interests in public service
delivery activities, governments have attempted to maintain their service levels even
while under severe budgetary constraints. By blurring the private and public
distinction, the state’s problems in managing its affairs are portrayed more as a
matter of the tasks and challenges the state is facing rather than a consequence of
poor public management. Governance in this perspective is used to provide the
acceptable face of spending cuts. In an era when government has increasingly
become equated with slow bureaucracy and a collectivist political thinking,
incorporating private sector management thinking and diversifying public service
delivery have emerged as an attractive strategy.
Strong governance means the exercise and assumption of political, economic and
administrative authority to reconcile the interests and welfare of every sector of
society. It also means mobilizing their respective strengths while liberating them
from their weaknesses. Government must be both minimalist and interventionist.
On the one hand, it assumes a minimalist role in the conduct of business if it is to
acknowledge that it is the private sector that serves as the engine of growth. This is
the reason for liberalization, privatization and deregulation. On the other hand, it
must intervene actively if the market solution is inappropriate to address the interest
of the poor, the powerless and the so called marginalized sectors which include the
workers, farmers, fishermen and indigenous communities. Government must

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address the plight of these sectors so that they may be brought and reconciled into
the mainstream of productive economic activities. In short, government must not
only be concerned with economic growth, it too must be concerned with
redistributing the fruits of this growth. It is here that we find the substance of
governance. Government must not only be concerned with the efficient allocation of
resources but also with ensuring that society as a whole, is more equitable, humane
and just.
Defining Governance:
Governance is the process whereby elements in society wield power and authority
and influence and enact policies and decisions concerning public life, economic and
social development. Governance chooses management over control because its
system is permeable, admits outside influences, assures no omnipotence or
omniscience on the part of the decision maker and subjects decisions to the
evaluation and critique of all those with a stake in them.
In governance, all of society is involved in managing public affairs. The state
continues to play the key role in enabling and facilitating the participation of other
elements of society. It is a strong entity that recognizes the significance and
autonomy of other sectors without overwhelming them. It works almost in the
background, creating an environment that enables and facilitates the market and
civil society to make their own creative and decisive contributions. The state as an
enabler provides the legal and regulatory framework and political order within which
firms and organizations can plan and act.
The other major role of the state is to facilitate by providing resources to assist
markets and communities. Such resources include information, technical expertise
and advice, research and development programs, physical infrastructure as well as
grants in aid or incentives schemes.
Collaboration between the state and civil society is involvement by both in all phases
of the policy process. The participation of market and civil society in governance
adds new role to the state-that of building partnerships and linkages to the two
sectors. Moreover the engagement of the state shifts the social picture from elite
control to active partnership.
Developing capacity for good governance should be a primary means of eradicating
poverty. Governance refers to the exercise of political, economic and administrative
authority in the management of a country’s affairs at all levels. Governance
comprises the complex mechanisms, processes and institutions, through which
citizens and groups anticipate their interests, mediate their differences and exercise
their legal rights and obligations. Good governance has many attributes. It is
participatory, transparent and accountable. It is effective in making the best use of
resources and is equitable and it penetrates the rule of law.
Governance includes the state, but transcends it by taking in the private sector and
civil society. All three are critical for sustaining human development. The state
creates a conducive political and legal environment. The private sector generates
jobs and income and civil society facilitates political and social interaction-mobilizing
groups to participate in economic, social and political activities. Because each has
weaknesses and strengths, a major objective of support of good governance is to
promote constructive interaction among all three.

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Elements of governance:
1. Participation: all men and women should have a voice in decision-making, either
directly or through legitimate intermediate institutions that represent their
interests. Such broad participation is built on freedom of association and speech
as well as capacities to participate constructively.
2. Rule of Law: legal frameworks should be fair and enforced impartially,
particularly the laws on human rights. The establishment and persistence of the
rule of law depend on clear communication of the rules, indiscriminate
application, effective enforcement, predictable and legally enforceable methods of
changing the content of laws and a citizenry that perceives the set of rules as
fair, just or legitimate and that is willing to follow it.
3. Transparency: built on the free flow of information. Allows stakeholders to
gather information that may be critical to uncovering abuses and defending their
interests. Transparent systems have clear procedures for public decision making
and open channels of communication between stakeholders and officials and
make a wide range of information accessible.
4. Responsiveness: institutions and processes try to serve all stakeholders
5. Consensus orientation: good governance mediates differing interests to reach a
broad consensus on what is in the best interests of the group and where possible,
on policies and procedures.
6. Equity: all men and women have opportunities to improve or maintain their well
being
7. Effectiveness and efficiency: Processes and institutions produce results that meet
needs while making the best use of resources.
8. Accountability: Officials should be liable for their actions and decisions. Officials
must answer to stakeholders on the disposal of their powers and duties, act on
criticisms or requirements made of them and accept responsibility for their
failure, incompetence or deceit.
9. Strategic vision: leaders and the public have a broad and long term perspective.
THE CONSTITUTION:
The Constitution refers to that body of rules and principles in accordance with which
the powers of the sovereignty are regularly exercised. It is regarded as the highest
law of the country.
The Constitution of the Philippines serves as the written instrument by which the
fundamental powers of the government are established, limited and defined and by
which these powers are distributed among several departments or branches for their
safe and useful exercise for the benefit of the people.
Other definitions of the Constitution:
 The fundamental law of the land;

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 That body of rules and maxims in accordance to which the powers of the
sovereign are habitually exercised;
 The organic and fundamental law of a nation or state, which may be written and
unwritten, establishing the character and conception of its government, laying
the basic principle of which its internal life is to be conformed, organizing the
government, and regulating, distributing and limiting the functions of its different
departments and prescribing the extent and manner of the exercise of sovereign
powers;
 A fundamental law which outlines the framework of government and defines the
relations between a person or citizen and the state based on a political
philosophy;
 The instrument by which the people expressly grant the exercise of the supreme
power of sovereignty to their executive, legislative and judicial leaders; and
 The embodiment of the supreme power of the people authorizing the exercise of
the legislative, executive and judicial powers of the state by a distinct person or
body of persons in accordance with its delineation, division and counter balancing
of powers.
Nature and function of Constitution:
1. Serves as the supreme or fundamental law-a constitution is the charter creating
the government. It has the status of supreme or fundamental law as it speaks
for the entire people from which it derives its claim to obedience. It is binding on
all individual citizens and all organs of the government.
2. Establishes basic framework and underlying principles of government-the purpose
of the constitution is to prescribe the permanent framework of the system of
government and to assign to the different departments or branches, their
respective powers and duties, and to establish certain basic principles on which
the government is founded.
Constitutional law may be defined as that branch of public law, which discusses
constitutions, their nature, formation, amendment and interpretation. It refers to
the law embodied in the Constitution as well as the principles growing out of the
interpretation and application made by the courts (particularly the Supreme Court) of
the provisions of the Constitution in specific cases. Thus the Philippine Constitution
itself is brief but the law of the Constitution lies scattered in thousands of Supreme
Court decisions.
THE PREAMBLE OF THE CONSTITUTION
We, the sovereign Filipino people, imploring the aid of Almighty God,
in order to build a just and humane society and establish a
government that shall embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony and secure to
ourselves and our posterity the blessings of independence and
democracy under the rule of law and a regime of truth, justice,
freedom, love, equality and peace, do ordain and promulgate this
Constitution.
The term preamble is derived from the Latin preambulare which means “to walk
before”. It is an introduction to the main subject. It is the prologue of the
Constitution.

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The Preamble sets down the origin and purposes of the Constitution. While a
preamble is not a necessary part of a Constitution, it is advisable to have one. In
the case of the Philippine Constitution, the preamble which is couched in general
terms, provides the broad outline of, and the spirit behind, the Constitution.
The Preamble is a statement of the ideals and aspirations of the people through their
duly elected representatives – the framers of the Constitution. In the case of the
1987 Constitution, the framers intended the preamble to express the spirit and ideals
that animate the provisions of the body of the Charter. The Preamble is a kind of
vision/mission statement for the country. It contains the values that our nation
desire for our country, government national life and individual life.
It serves two important aims: 1) it tells us who are the authors of the Constitution
and for whom it has been promulgated; 2) it states the general purposes which are
intended to be achieved by the Constitution and the government established under
it, and a certain basic principles underlying the fundamental charter.
The Preamble may serve as an aid in the Constitution’s interpretation. The Preamble
has a value for purposes of construction. The statement of the general purposes
may be resorted to as an aid in determining the meaning of vague or ambiguous
provisions of the Constitution proper.
THE NATIONAL TERRITORY
The national territory comprises the Philippine archipelago, with all
islands and waters embraced therein and all other territories over
which the Philippines has sovereignty and jurisdiction, consisting of its
terrestrial, fluvial, and aerial domains, including its territorial sea, the
sea bed, the subsoil, the insular shelves and other sub marine areas.
The waters around, between and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of
the internal waters of the Philippines.
The term territory includes three elements: land (terrestrial), air (fluvial) and air
space (aerial domain). This should correct the misconception that it is limited to the
land domain only. Because air space is part of the national territory is the reason,
why radio and television stations must obtain a franchise from Congress. This is also
the reason why airline companies must obtain rights to use the “aerial
superhighway”
The term territory has two concepts: political and legal. The political concept of
territory conceives of it as the matrix and framework of its political independence
and national security. The territory serves as the area within which sovereign
powers are exercised. National security demands the preservation of he integrity of
the national territory.
The legal concept of the territory contemplates the territory as one of the essential
elements of the state. Without a territory, a state cannot come into existence. It is
also an element for the exercise of sovereignty. The territory of the state is
coterminous with its sovereignty and can thus be exercised only within its territorial
boundaries. All persons, whether Filipino citizens or foreigners and things, whether
real or property, located within the territory, are subject to the supreme authority of
the state.

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DECLARATION OF PRINCIPLES AND STATE POLICIES
Section 1: The Philippines is a democratic and republican state.
Sovereignty resides in the people and all government authority
emanates from them.
A republican government is a democratic government by representatives chosen by
the people at large; it is considered as indirect rule. Sovereignty of the people is
exercised through suffrage and public officials. The section recognizes that the
people, as the ultimate judges of their destiny, can resort to revolution as a matter
of right.
Features of republicanism: 1) government based on popular sovereignty or consent
of the governed; 2) suffrage or franchise; 3) individual rights guaranteed by the Bill
of Rights in the Constitution.
A republican government is a government of the people, by the people and for the
people. It is one where ultimate power is exercised directly by the people and
indirectly by civilian leaders elected in accordance with the procedures laid down in
the Constitution or in accordance with publicly recognized procedures of transferring
power.
The right to revolution is implicit in republicanism. The democratic doctrine of the
right to revolution postulates that any people has the right to change or abolish a
government that does not secure for them their natural right to life, liberty and the
pursuit of happiness and to institute a new form of government that secure these
inherent rights. It recognizes the use of force after the exhaustion of all peaceful
means.
Section 2: The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international law as
part of the law of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation and amity with all nations.
It is in accordance with the principle of the United Nations Charter binding all
members to refrain in their international relations from the threat or use of force
against the territorial integrity or political independence of any state.
The declaration refers only to the renunciation by the Philippines of aggressive war,
not war in defense of her national honor and integrity. Men and nations cannot
waive in advance the basic right of self preservation. Under Article VI, Section 23
(1) of the Constitution, Congress with the concurrence of two thirds of all its
members, voting separately, may declare the existence of a state of war.
International law refers to the body of rules and principles, which governs the
relations of nations and their respective peoples in their relations with one another.
The Philippines seeks only peace and friendship with her neighbors and all countries
of the world, regardless of race, creed, ideology and political system.
Section 3: Civilian authority is at all times, supreme over the military.
The Armed Forces of the Philippines is the protector of the people and

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the State. Its goal is to secure the sovereignty of the State and the
integrity of the national territory.
Civilian supremacy over the military provides the necessary safeguard against
martial law. The AFP should follow the constitution’s mandate in order to in the
hearts and minds of the people in the efforts to resolve the long drawn insurgency
problem and fulfill its crucial task as an effective guardian of the nation’s safety
against any threat to its existence, either foreign or domestic. The AFP shall be the
protector of the people and the state to secure the sovereignty of the state and the
integrity of the national territory. This means fighting all forces, internal and
external, which seek to overthrow the government, impair the independence of the
nation or dismember any portion of the territory.
Section 4: The prime duty of the government is to serve and protect
the people. The government may call upon the people to defend the
state and in the fulfillment thereof, all citizens may be required, under
conditions provided by law, to render personal military or civil service:
The government exists for the people and the defense of the country is one of the
citizen’s most important duties.
Section 5: The maintenance of peace and order, the protection of life,
liberty and property and the promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of
democracy.
Only when peace and order, security and a life of dignity are established and
maintained, will political stability and economic prosperity become attainable and the
people truly enjoy the blessings of independence and democracy.
Section 6: The separation of the church and state shall be inviolable.
The principle simply means that the church is not to interfere in purely political
matters or temporal aspects of man’s life and the state in purely matters of religion
and morals which are exclusive concerns of the other. The demarcation line calls on
the two institutions to “render onto Caesar the things that are Caesar’s and unto God
the things that are God’s”. This is not as simple as it appears for the exact dividing
line between the respective domains or jurisdictions of the Church and the state has
always been the subject matter of much disagreement. The term Church as in the
Constitution, covers all faiths.
A wall of separation between the Church and the state means that:
a) The state shall have no official religion;
b) The state cannot set up a church, whether or not supported with public funds;
nor aid one religion, aid all religions, or prefer one religion over another;
c) Every person is free to profess belief or disbelief in any religion;
d) Every religious minister is free to practice his calling; and
e) The state cannot punish a person for entertaining or professing religious beliefs
or disbeliefs
Section 7: The state shall pursue an independent foreign policy. In its
relations with other states the paramount consideration shall be the

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national sovereignty, territorial integrity, national interest and the right
to self determination.
In the state’s pursuit of an independent foreign policy, the constitution is aware of
the unwelcome consequences of a policy characterized by excessive dependence on
another country. An independent foreign policy simply means one that is not
subordinate or subject to nor dependent upon the support of another government.
It is not one that completely rejects advice or assistance from without. Neither does
it mean abandoning traditional allies or being isolated from the international
community. To be realistic, a foreign policy must have a global outlook in view of
the deleterious effect on the country’s relations with other countries of a foreign
policy that revolves only on our relations with select members of the international
community and being a small developing country, we must make no enemy of we
can make a friend.
The Constitution recognizes that the pursuit of an independent foreign policy in an
interdependent world, new realities and new situations may require the Philippines to
make a reappraisal of the conduct of its foreign relations. Independence in the
making and conduct of foreign policy is relative. The national interest will not be
served by trying to deal with regional and international issues in absolute terms.
Ours must be a policy of flexibility and pragmatism guided only by the welfare of our
people and the security of the Republic. In its relations with other states, the
paramount consideration of the Philippines shall be the national sovereignty,
territorial interest and the right to self determination.
Section 8: The Philippines, consistent with the national interests,
adopts and pursues a policy of freedom from nuclear weapons in its
territory.
The intent of this section is to forbid the making, storing, manufacture or testing in
the Philippines of nuclear weapons, devices or parts thereof as well as the use of our
territory as dumping site for radioactive wastes and the transit within our territory of
ships and planes with nuclear weapons. It does not however, prohibit the use of
nuclear energy for medicine, agriculture and other peaceful or beneficial purposes.
Congress will have to provide the mechanics to effectively implement Section 8.
Section 9: The state shall promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living and an
improved quality of life for all.
With the eradication of mass poverty, the state solves at the same time a chain of
social problems that comes with it-social unrest, breakdown of family systems,
diseases, ignorance, criminality and low productivity.
Section 10: The state shall promote social justice in all phases of
national development:
The state must give preferential attention to the welfare of the less fortunate
members of the community, those that have less in life.

13. 13
Section 11: The state values the dignity of every human person and
guarantees full respect for human rights.
In a democratic state, the individual enjoys certain rights, which cannot be modified
or taken away by the law making body.
Section 12: The state recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the mother and the life of
the unborn from conception. The natural and primary right and duty
of parents in rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the
government.
The state is mandated to recognize the sacredness of family life and to strengthen
the family, under this section, the government may not enact any law or initiate
measures that would break up or weaken the family.
Human life is commonly believed to begin from the moment of conception when the
female egg and the male sperm merge in fertilization. From that moment, the
unborn child is considered a subject or a possessor of human rights. He has a basic
human right to life which the State is mandated to protect, along with infants and
children. In short, once conceived, a child has a right to be born. The provision
protecting the unborn prevents the possibility of abortion being legalized by future
legislation. It manifests the constitution’s respect for human life.
Section 13: The State recognizes the vital role of the youth in nation
building and shall promote and protect their physical, moral, spiritual,
intellectual and social well-being.
It shall inculcate in the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs. The youth constitute a rich reservoir of
productive manpower. Recognizing their vital role in shaping the country’s destiny,
the Constitution lends its support to the promotion of their welfare. By harnessing
their enterprising spirit and progressive idealism, young people can become effective
players in our collective effort to build a modern Philippines.
Section 14: The State recognizes the role of women in nation building
and shall ensure the fundamental equality before the law of women
and men.
The traditional view that the role of women is primarily child bearing and child
rearing should be abandoned. While the social role of women as mothers and
household managers is recognized, the state should formulate strategies to expand
women’s participation in non-household and productive activities and thus make
them direct contributors to the country’s economic growth.
Women constitute more than half of the population, a powerful political and
economic in society. By their number, it is only right that their voice be heard on
matters affecting their welfare and the country as whole; it is simple justice that they
be given a legitimate share with men in leadership and major decision making
process at all levels and in all spheres of human activity outside their homes.

14. 14
In economic life, the State must promote and uphold equality of men and women in
employment, terms of employment, opportunities of promotion, the practice of
profession, the acquisition, control and disposition of property, pursuit of business
among others.
Section 15: The State shall protect and promote the right to health of
the people and instill health consciousness among them.
Wholistically defined, health is the state of physical, social and mental well being
rather than merely the absence of physical diseases. The State has the obligation to
promote and protect the right of the people to health. To better fulfill this duty, it
must instill health consciousness among the people.
Section 16: The State shall protect and advance the right of the people
to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.
The lessons drawn from ecological studies in the United Nations showed that
political, social and economic growth and development are crucially dependent upon
the state of the human development. For this reason, the improvement of the
quality of our environment should occupy a higher place in the scheme of priorities of
the government.
Section 17: The State shall give priority to education, science and
technology, arts, culture and sports to foster patriotism and
nationalism accelerate social progress and promote total human
liberation and development.
Section 18: The State affirms labor as a primary social economic force.
It shall protect the rights of workers and promote their welfare.
Section 19: The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
Section 20: The State recognizes the indispensable role of the private
sector encourages private enterprise and provides incentives to
needed investments.
The State is mandated to encourage private enterprise and provide incentives to
needed investments, whether local or foreign. The Constitution does not favor an
economy managed or controlled by the State. Under the principle of subsidiary,
adopted by the Constitution, the government should not engage in particular
business activities which can be competently and efficiently undertaken by the
private sector unless the latter is timid or does not want to enter into a specific
enterprise or industry.
The government was not established to engage in business. The duty of the state is
to make the economy a system for free and private enterprise with the least
government intervention in business affairs.
Section 21: The State promote comprehensive rural development and
agrarian reform

15. 15
Section 22: The State recognizes and promotes the rights of
indigenous cultural communities within the framework of national unity
and development.
The State is bound to consider the customs, traditions, beliefs and interests of
indigenous cultural minorities in the formulation and implementation of state policies
and programs. In the multi-ethnic society like ours, the above provisions are
necessary in promoting the goal of national unity and development.
Section 23: The State shall encourage non-government, community
based or sectoral organizations that promote the welfare of the nation.
The State is required to encourage these organizations because recent events have
shown that, under responsible leadership, they can be actual contributors to the
political, social and economic growth of the country it should refrain from any
actuation that would tend to interfere or subvert the rights of these organization
which in the words of the Constitution are community based or sectoral organizations
that promote the welfare of the nation.
Section 24: The State recognizes the vital role of communication and
information in nation building
By educating the citizenry on important public issues, they also help create a strong,
vigilant and enlightened public opinion so essential to the successful operation of a
republican democracy. Information and communication can be used to link our
geographically dispersed population and help effect faster delivery of educational,
medical and other public services in remote areas of the country.
The Philippines must keep abreast of communication innovations but at the same
time be selective and discriminating to insure that only those “suitable to the needs
and aspirations of the nation” are adapted. Utilized and managed wisely and
efficiently, communication and information are useful tools for the economic, social,
cultural and political development of society.
Section 25: The State shall ensure the autonomy of local
governments.
Section 26: The State shall guarantee equal access to opportunities for
public service and prohibit political dynasties as may be defined by
law.
The constitutional policy on the prohibition of political dynasties expresses a national
commitment to democratize election and appointment to positions in the government
and eliminate a principal obstacle to “equal access to opportunities for public
service”.
The dominance of political dynasties in the past only kept more deserving but poor
individuals from running or winning in elections; it also enabled powerful and affluent
politicians to corner appointive positions for their relatives and followers. The law
implementing the constitutional policy shall define what constitutes political
dynasties, having in mind the evils sought to be eradicated and the need to insure
the widest possible base for the selection of elective government officials regardless
of political, economic and social status. Note that the State is expressly mandated to

16. 16
prohibit political dynasties. Congress has no discretion on the matter except merely
to spell out the meaning and scope of the term.
Section 27: The State shall maintain honesty and integrity in the
public service and take positive service and take positive and effective
measures against graft and corruption.
What is needed is moral leadership by example on the part of top officials in the
government and a continuing, uncompromising, well-coordinated campaign against
all forms of dishonesty and venality in the public service, which have considerably
slowed down the socio-economic progress in our country.
Section 28: Subject to reasonable conditions prescribed by law, the
State adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
The policy covers all State transactions involving public interest, i.e. transactions
which the people have a right to know particularly those involving expenditures for
public funds. The law however, may prescribe reasonable conditions for the
disclosure to guard against improper or unjustified exercise of the right. The policy
will not apply to records involving the security of the State or which are confidential
in character.
THE BILL OF RIGHTS
The bill of rights may be defined as a 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 individuals. It is a charter of
liberties for the individual and a limitation upon the power of the state.
Rights of the Individual in relation to the Rule of Law
The Due Process:
Section 1: No person shall be deprived of life, liberty or property
without due process of law, nor shall any person be denied the equal
protection of the laws.
Procedural due process: refers to the method or manner by which the law is
enforced. It is a procedure, which hears before it condemns which proceeds upon
inquiry and renders judgment only after trial. An indispensable requisite of this
aspect of due process is the requirement of notice and hearing.
Substantive due process, which requires the law itself, not merely the procedures by
which the law would be enforced, is fair, reasonable and just. In other words, no
person shall be deprived of his life, liberty or property for arbitrary reasons.
Life as protected by due process means something more than mere animal
existence. The prohibition against its deprivation without due process extends to all
limbs and faculties by which life is enjoyed. Liberty, as protected by due process of
law, denotes not merely freedom from physical restraint.

17. 17
It also embraces the right of man to use his faculties with which he has been
endowed by his Creator subject only to the limitation that he does not violate the law
or rights of others. Property as protected by due process of law may refer to the
thing itself or to the right over a thing. The constitutional provision however has
reference more to the rights over the thing. It includes the right to own, use,
transmit and even destroy, subject to the right of the State and of other persons.
On Search and Arrest Warrants:
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 or 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 of things to be seized.
A search warrant is an order in writing, issued in the name of the people of the
Philippines, signed by a judge and directed to a peace officer, commanding him to
search for certain personal property and bring it before the court. If the command is
to arrest a person designated, i.e. to take him into custody in order that he may be
bound to answer for the commission of an offense, the written order is called a
warrant of arrest.
Requisites for a valid search warrant or warrant of arrest:
1. It must be issued upon probable cause
2. The probable cause must be determined personally by the judge himself
3. Such determination of the existence of probable cause must be made after the
examination by the judge of the complainant and the witnesses he may produce
4. The warrant must particularly describe the place to be searched and the persons
or things to be seized.
Probable cause – refers to such facts and circumstances antecedent to the issuance
of a warrant sufficient in themselves to induce a cautious man to rely upon them and
act in pursuance thereof. It presupposes the introduction of competent proof that
the party against whom a warrant is sought to be issued has performed particular
acts or committed specific omissions, violating a given provision of criminal laws.
Arrest without a Warrant: Under the Rules of Court, a peace officer or a private
person without a warrant may arrest a person in the following situations:
1. When in his presence, the person to be arrested has committed, is actually
committing or is attempting to commit an offense;
2. When a 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 being transferred from one confinement to another;
3. When an offense has in fact just been committed, and he has personal knowledge
of the facts indicating that the person to be arrested has committed it.
Rights of the Individual on Trial:

18. 18
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.
The State has the constitutional duty to provide free and adequate legal assistance
to citizens when by reason of indigence or lack of financial means; they are unable to
engage the service of a lawyer to defend them or to enforce their rights in civil,
criminal or administrative cases.
Section 12: Any person under investigation for the commission of an
offense shall have the right to be informed of his 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.
No torture, force, violence, threat, intimidation or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited. Any confession
or admission obtained in violation of this or section 17 hereof shall be inadmissible in
evidence against him. The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and rehabilitation of victims of
torture or similar practices, and their families.
Section 13: All persons, except those charged with offenses punishable
be reclusion perpetua when evidence of guilt is strong, shall before
conviction, be bailable by sufficient sureties or be released on
recognizance as may be provided by law. The right to bail shall not be
impaired when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.
Bail is the security required by a court and given for the provisional or temporary
release of a person who is in custody of the law conditional upon his appearance
before any court as required under the conditional specified. The purpose of
requiring bail is to relive an accused from imprisonment until his conviction and yet
secure his appearance at the trial.
The right to bail is granted because in all criminal prosecutions, the accused is
presumed innocent. It may be in the form of cash deposit, property bond, bond
secured from a surety company or recognizance. A capital offense, for purpose of
above provision, is an offense that, under the law existing at the time of its
commission, and at the time of the application to be admitted to bail, may be
punished with reclusion perpetua, or death.
Section 14: No person shall be held to answer for a criminal offense
without due process of law. 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 of
the nature and cause of the accusation against him, to have 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

19. 19
provided that he has been duly notified and his failure to appear is
unjustifiable.
This presumption of innocence is a guarantee that no person shall be convicted of a
crime except upon confessing or unless his guilt is established by proof beyond
reasonable doubt which is more than just a preponderance of evidence sufficient to
win a civil case. The burden of proof in a criminal proceeding is upon the
prosecution. Its evidence must be strong enough to convince the court that the
accused is clearly and unmistakably guilty, not because he cannot prove that he is
innocent, but because it has proved that the accused is guilty beyond reasonable
ground.
Section 15: The privilege of the writ of habeas corpus shall be
suspended except in cases of invasion or rebellion when the public
safety requires it.
The writ of habeas corpus 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 show sufficient cause for holding
in custody the individual so detained. It is for its purpose to inquire into all manner
of involuntary restraint or detention as distinguished from voluntary and to relive a
person there from if such restraint is found illegal. The writ is the proper remedy in
each and every case of detention without legal cause or authority. Its principal
purpose then is to set the individual at liberty.
Section 16: All persons shall have the right to speedy disposition of
their cases before all judicial, quasi-judicial or administrative bodies.
Justice delayed is justice denied. Its express inclusion was in response to the
common charge against the perennial delay in the administration of justice, which in
the past has plagued our judicial system. One need not stress the fact that a long
delay in the disposition of cases creates mistrust of the government itself ad this
may pave the way to one’s taking the law in his own hands to the great detriment of
society.
Specific rights in relation to other individuals and the Government:
Section 3: The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety
or order requires otherwise as prescribed by law. Any evidence
obtained in violation or the preceding section shall be inadmissible for
any purpose in any proceeding.
By the above constitutional provision, there is a recognition that persons my
communicate and correspond with each other without the state having a right to pry
into such communication and correspondence subject to the ever pervading police
power of the State. Letters and messages are usually carried by the agencies of the
government and unless adequate safeguards are provided for their privacy may
eventually violated and great ham inflicted upon the citizen as a result. Limitations
on the right: 1) Upon the lawful order of the court; and 2) When public safety or
order requires otherwise as prescribed by law.

20. 20
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.
The constitutional freedoms of speech and expression and of the press otherwise
known as the freedom of expression, implies 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, or injure someone’s
character, reputation or business.
It also includes the right to circulate what is published. It is only through free
debate and free exchange of ideas that a government remains responsible to the will
of the people and peaceful change is effected. The people must be able to voice
their sentiments and aspirations so that they may become active players in the
political process as well as national development.
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 tests shall be
required for the exercise of civil or political rights.
The constitutional guarantee of religious freedom is the right of a man to worship
God and to entertain such religious views as appeal to his individual conscience,
without dictation or interference by any person or power, civil or ecclesiastical. It
forbids restriction by law or regulation of freedom of conscience and freedom to
adhere to such religious organization or form of worship as the individual may
choose.
The constitutional guarantee of the free exercise and enjoyment of religious
profession and worship carries with it the right to disseminate religious beliefs and
information. A religious test is one demanding the avowal or repudiation of certain
religious beliefs before the performance of any act. Thus, under this injunction, laws
prescribing the qualification of public officials or employees, whether appointive or
elective or of voters, may not contain requirements of religious beliefs.
Section 6: The liberty of abode and of changing the same within the
limits prescribed by law shall not be impaired except upon the 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, a
may be provided by law.
The liberty of abode and travel is the right of a person to have his home in whatever
place chosen by him and thereafter to change it at will, and to go where he pleases,
without interference from any source. The right is qualified, however, by the clauses
“except upon lawful order of the court and except in the interest of national security,
public safety or public health as may be provided by law.
Section 7: The right of the people to information on matters of public
concern shall be recognized. Access to officials records, and to
documents and papers pertaining to official acts, transactions or
decisions as well as to government research data used as a basis for

21. 21
policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
It will reduce public suspicion of officials and thus foster rapport and harmony
between the government and the people. Scope of the right: 1) the right embraces
all public records; 2) It is limited to citizens only but it is without prejudice to the
right of aliens to have access to records of cases where they are litigants; and 3) Its
exercise is subject to such limitations as may be provided by law. It is recognized
that records involving the security of the State or which are confidential in character
should be exempted.
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
The purpose of this constitutional guarantee is to encourage the formation of
voluntary associations so that through the cooperative activities of individuals, the
welfare of the nation may be advanced and the government mat thereby receive
assistance in its ever increasing public service activities.
By enabling individuals to unite in the performance of tasks, which singly they would
be unable to accomplish, such associations relieve the government of a vast burden.
The needs of the social body seek satisfaction in one form or the other, and if they
are not secured by voluntary means, the assistance of the government will inevitably
be invoked.
Section 9: Private property shall not be taken for public use without
just compensation.
Related to eminent domain-is the right or power of the State or 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 law. Public
use may be defined with public benefit, public utility or public advantage.
Payment of just compensation-under the Local Government Code, the amount to be
paid for the expropriated property shall be determined by the proper court, based on
the fair market value at the time of the taking of the property. The owner may
contest in court the value determined by the assessor. Observance of due process of
law in the taking-procedural due process requires that the owner shall have due
notice and hearing in the expropriation proceedings.
Section 10: No law impairing the obligation of contracts shall be
passed
The obligation of contract is the law or duty that binds the parties to perform their
agreement according to its terms or intent if it (agreement) is not contrary to awl,
morals, good customs, public order or public policy. The purpose is intended to
protect is intended to protect creditors, to assure the fulfillment of lawful promises
and to guard the integrity of contractual obligations. Business problems would arise
it contracts were not stable and binding and if the legislature can pass a law
impairing an obligation entered into legally.

22. 22
Section 17: No person shall be compelled to be a witness against
himself.
The right to self incrimination-the right is purely personal and may be waived. It
was never intended to permit a person to plead the fact that some third person
might be incriminated by his testimony, even though he was the agent of such
person. It may not be invoked to protect a person against being compelled to testify
to facts that may expose him only to public ridicule or tend to disgrace him.
Section 18: No person shall be detained solely by reason of his political
beliefs and aspirations. No involuntary servitude in any form shall
exist except as a punishment for a crime whereof the party shall have
been convicted.
The right against detention solely by reason of political beliefs and aspirations-it is a
guarantee that one can voice his contrary views and ideas about the existing political
and social order, that he can articulate his hopes and aspirations for the country
without peril to his liberty.
On involuntary servitude-the purpose is to maintain a system of completely free and
voluntary labor by prohibiting the control by which the personal service of one is
disposed of or coerced for another’s benefit, which is the essence of involuntary
servitude. Human dignity is not merchandise appropriate for commercial barters or
business bargains. Fundamental freedoms are beyond the province of commerce or
any other business enterprise.
Section 19: 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.
The employment of physical, psychological or degrading punishment against any
prisoner or detainee or the use of substantial or inadequate penal facilities under
subhuman conditions shall be dealt with by law.
The purpose of the guarantee is to eliminate many of the barbarous and uncivilized
punishment formerly known, the infliction of which would barbarize present
civilization. The Constitution mandates that the employment of physical,
psychological or degrading punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under sub human conditions should be
dealt with by law. This contemplates the improper, unreasonable or inhuman
application of penalties or punishment of persons legally detained.
Section 21: No person shall be twice put in jeopardy of punishment for
the same offense. If an act is punished by law and an ordinance,
conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.
The right against double jeopardy 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

23. 23
charged with the same or identical offense. The guarantee protects against the
perils of a second punishment as well as a second trial for the same offense.
Section 22: No ex facto law or bill of attainder shall be enacted.
An ex facto law:
1. Makes an act done before the passage of a law, innocent when done, criminal
and punishes such act; or
2. Aggravates a crime or makes it greater than when it was committed; or
3. Changes the punishment and inflicts a greater punishment than what the law
annexed to the crime, when committed; or
4. 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.
A bill of attainder is a legislative act, which inflicts punishment without a judicial trial.
The prohibition against the enactment of bills of attainder is designed as a general
safeguard against legislative exercise of the judicial function or simply, trial by
legislature.
CITIZENSHIP
From Section 1-Those who are citizens include:
1. Those who are citizens of the Philippines at the time of the adoption of
this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers who elect
Philippine citizenship upon reaching the age of majority;
4. Those who are naturalized in accordance with law
Citizenship is a term denoting membership of a citizen in a political society, which
means membership implies, reciprocally, a duty of allegiance on the part of the
member and duty of protection on the part of the state. Citizen is a person having
the title of citizenship. He is a member of a democratic community who enjoys full
civil and political rights and is accorded protection inside and outside the territory of
the state. Along with other citizens, they compose the political community.
A citizen is a member of a democratic community who enjoys full civil and political
rights. In a monarchial state, he is often called subject. An alien is a citizen of a
country who is residing in or passing through another country. He is popularly called
a foreigner. He is not given the full rights to citizenship (such as the right to vote
and to hold public office) but is entitled to receive protection as to his person and
property.
Acquiring citizenship:
1. Involuntary method-by birth, because of blood relationship or place of birth
2. Voluntary method-by naturalization, except in cases of collective naturalization of
the inhabitants of a territory which takes place when it is ceded by one state to
another as a result of conquest or treaty.
Naturalization is the act of formally adopting a foreigner into the political body of the
state and clothing him with the rights and privileges of citizenship. It implies the

24. 24
renunciation of a former nationality and the fact of entrance to a similar relation
towards a new body politic. A person may be naturalized in two ways:
1. By judgment of the court-The foreigner who wants to become a Filipino citizen
must apply for naturalization with the proper Regional Trial Court.
2. By direct act of Congress-In this case, the lawmaking body simply enacts an act
directly conferring citizenship on a foreigner
Section 2: Natural born citizens are those who are citizens of the
Philippines from birth without having to perform any act to acquire or
perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3), section 1 hereof shall be
deemed natural born citizens.
Section 3: Philippine citizenship may be lost or reacquired in the
manner provided by law.
Loss of citizenship:
A. Voluntary: 1) by naturalization in a foreign country; 2) by express renunciation of
citizenship; 3) by subscribing to an oath of allegiance to support the constitution
and laws of a foreign country; and, 4) by rendering service to or accepting
commission in the armed forces of foreign country
B. Involuntary: 1) by cancellation of his certificate of naturalization by the court;
and 2) by having been declared by competent authority, a deserter in the
Philippine Armed forces in time of war.
The voluntary loss or renunciation of one’s nationality is called expatriation. In time
of war, however, a Filipino citizen cannot expatriate himself.
Reacquisition of lost citizenship:
1. By naturalization, provided the applicant possesses none of the disqualifications
provided in the naturalization law
2. By repatriation of deserters of the Philippine armed forces and women who lost
their citizenship by reason of marriage to an alien, after the termination of their
marital status
3. By direct act of the Congress of the Philippines
Section 4: Citizens of the Philippines who marry aliens shall retain
their citizenship, unless by their act or omission they are deemed,
under the law, to have renounced it. Under section 4, a citizen of the
Philippines who marries an alien does not lose his/her Philippine
citizenship even if by the laws of his/her wife’s/husband’s country,
he/she acquires her/his nationality.
Section 5: Dual allegiance of citizens is inimical to the national
interests and shall be dealt with by law. Dual allegiance refers to the
continued allegiance of naturalized nationals to their mother country
even after they have acquired foreign citizenship. Dual citizenship, on
the other hand, refers to the possession of two citizenship by an
individual, that of his original citizenship and that of the country where
he became a naturalized citizen. Note that what section 5 prohibits is
not dual citizenship but t dual allegiances of citizens. Dual citizenship
arises because our laws cannot control laws of other countries on
citizenship, while it is not per se objectionable, the status of dual

25. 25
citizenship may be regulated or restricted by law where it is conducive
or could lead to dual allegiances.
Duties and Obligations of Citizens:
1. To be loyal to the Republic-by loyalty, we mean faith and confidence in the
Republic and love and devotion to the country. The citizen must be proud of his
country, its customs, traditions, language and institutions. He must share in its
glories and feel sad in its misfortunes. It is the home of our people, the seat of
our affections and the source of our happiness.
2. To defend the state-love of country, however, is not shown by words but by
deeds. It is not an occasional virtue to be exhibited now and then; it is a flame
that should be kept constantly aglow in our hearts. It means an unflinching
determination to serve and defend one’s country at all times and at all costs.
3. To contribute to the development and welfare of the state-by paying taxes
willingly and promptly, by cooperating in its activities and projects (such as the
preservation of peace and order) by suggesting or supporting measures beneficial
to the people, by patronizing local products and trades, by engaging in productive
work.
4. To uphold the Constitution and obey the laws-The Constitution is the expression
of the sovereign will of our people. It is the shrine for all the hopes and vision of
our nation.
5. To cooperate with duly constituted authorities-Community living imposes
obligations and responsibilities upon the individual. The larger interests of the
group and the nation that he must serve necessarily involve his own, and he
would be recreant to the claims of those interests if he did not actively concern
himself with the affairs of his government.
6. To exercise rights responsibly and with due regard for the rights of others. In the
course of life, the interests of man conflict with those of many others. Amidst the
continuous clash of interests, the ruling social philosophy should be that, in the
ultimate order, the welfare of every man depends upon the welfare of all.
7. To engage in gainful work-employment is not the obligation solely of the State.
Every citizen should consider it his on responsibility and should strive to become
useful and productive member of society to assure not only himself but, perhaps,
more important his family a life worthy of human dignity.
8. To register and vote-It is through suffrage that the will of the people is expressed.
The quality of public officials and the policies of the administration, indeed the
success or failure of the government, depend, directly or indirectly, upon the voters.
SUFFRAGE
Section 1: Suffrage may be exercised by all citizens of the Philippines
not otherwise disqualified by law, who a at least eighteen years of age
and who shall have resided in the Philippines for at least one year and
in the place wherein they propose to vote for at least six months
immediately preceding the election. No literacy, property or other
substantive requirement shall be imposed on the exercise of suffrage.
Suffrage is the right and obligation to vote of qualified citizens in the election of
certain national and local officers of the government and in the decision of public
questions submitted to the people.

26. 26
Scope of suffrage:
1. Election-it is the means by which the people choose their officials for definite and
fixed periods and to whom they entrust for the time being as their
representatives, the exercise of powers of government.
2. Plebiscite-It is a name given to a vote of the people expressing their choice for or
against a proposed law or enactment submitted to them. In the Philippines, the
term is applied to an election at which any proposed amendment to, or revision
of, the Constitution is submitted to the people for their ratification. Plebiscite is
likewise required by the Constitution to secure the approval of the people directly
affected before certain proposed changes affecting local government units may
be implemented.
3. Referendum-it is the submission of a law or part thereof passed by the national
or local or legislative body to the voting citizens of a country for their ratification
or rejection.
4. Initiative-It is the process whereby the people directly propose and enact laws.
Congress is mandated by the Constitution to provide as early as possible for a
system of initiative and referendum. Amendments to the Constitution may
likewise be directly proposed by the people through initiative.
5. Recall-it is the method by which a public officer may be removed from office
during his tenure or before the expiration of his term by a vote of the people
after registration of a petition signed by a required percentage of the qualified
voters.
Persons disqualified to vote:
1. Any person who has been sentenced by final judgment to suffer imprisonment for
not less one year, such disability not having been removed by plenary pardon or
granted amnesty. But such person shall automatically reacquire the right to vote
upon expiration of five years after service to sentence.
2. Any person who has been adjudged by final judgment by competent court or
tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion, sedition, violation of the anti-
subversion and firearms laws, or any crime against national security, unless
restored to his full civil and political rights in accordance with law. Such person
shall likewise automatically regain his right to vote upon expiration of five years
after service of sentence.
3. Insane or incompetent persons as declared by competent authority.
Section 2: The Congress shall provide a system for securing the
secrecy and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad. The Congress shall also design a
procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote
under existing laws and such rules as the Commission of Elections may
promulgate to protect the secrecy of the ballot.
The sanctity of the electoral process requires secrecy of the vote. 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, to
prevent them from manipulated by unscrupulous politicians to insure their victory at
the polls. Perhaps a method of voting by symbols may be devised to make it
possible for disabled and illiterate citizens to exercise the right of suffrage.

27. 27
Congress is mandated to provide a system of absentee voting by qualified Filipinos
abroad. It is bound to set aside funds and other requirements for the purpose and to
provide safeguards to ensure that elections overseas are held in a free, clear and
orderly manner.
Article 6
The Legislative Department
Defining Legislative Power: (Section 1)
Legislative power is essentially the authority under the Constitution to make laws,
and subsequently, when the need arises, to alter and repeal them. Laws refer to
statutes, which are the written enactments of the legislature governing the relations
of the people among themselves or between them and the government and
agencies. Congress operates under a bicameral framework.
The legislative power shall be vested in the Congress of the Philippines,
which shall consist of a Senate and House of Representatives, except to the
extent reserved to the people by the provision on initiative and referendum.
(Section 1)
Bicameral – having two chambers of Congress: a) Senate; and b) House of
Representatives
Advantages of bicameralism:
1. A second chamber is necessary to serve as a check to hasty and ill-considered
legislation
2. It serves as a training ground for future leaders
3. It provides a representation for both regional and national interests
4. A bicameral legislature is less susceptible to bribery and control of big interests
5. It is the traditional form of legislative body dating from ancient times; as such it
has been tested and proven
Disadvantages of bicameralism:
1. The bicameral set-up has not worked out as effective fiscalizing machinery
2. Although it affords a double consideration of bills, it is no assurance of better-
considered and better-deliberated legislation
3. It produces duplication of efforts and serious deadlocks in the enactment of
important measures with the conference committee of both chambers that is
often referred to as the Third Chamber, practically arrogating unto itself the
power to enact law under its authority to thresh out differences
4. All things being equal, it is more expensive to maintain than a unicameral
legislature
5. The prohibitive costs of senatorial elections have made it possible for only
wealthy individuals to make it to the Senate and as to the claim that a Senate is
needed to provide a training ground for future leaders, two of our Presidents
(Macapagal and Magsaysay) became Chief Executives even if after their service
was confined to the House of Representative.
The Philippine Senate: The Senate is composed of twenty four members
Head: Senate President – selected by the majority

28. 28
Qualifications of a Senator (Section 3)
1. A natural born citizen of the Philippines
2. At least 35 years of age on the day of the election
3. Able to read and write
4. A registered voter
5. A resident of the Philippines for not less than two years immediately preceding
the day of the election
Term of a senator: (Section 4) limited to two consecutive terms, each term
constitutes six years. A senator can still run for re-election after a break or interval.
There is no limit as to the number of years one can serve as Senator. What is
prohibited is to serve for more than two successive terms. But a voluntary
renunciation of the office by senator for any length of time shall not be considered as
an interruption in the continuity of his service for the full term for which he was
elected.
The House of Representatives: composed of not more than two hundred fifty
members
Head: Speaker of the House – selected by the majority
One legislative district – one Representative: Each legislative district shall comprise,
as far as practicable, contagious, compact and adjacent territory. Each city with a
population of at least two hundred fifty thousand, or each province, shall have at
least one representative. (Section 5)
Qualifications of a member of the House of Representatives: (Section 6)
1. A natural born citizen of the Philippines
2. At least twenty-five years of age
3. Able to read and write
4. A registered voter in the district in which he shall be elected and a resident
thereof for a period of not less than one year immediately preceding the day of
the election
Term of a member of House of Representative: (Section 7) limited to three
consecutive terms, each term constitutes three years.
Vacancy in the Senate and House of Representative:
In case of vacancy in the Senate or in the House of Representatives, a special
election may be called to fill such vacancy in the manner prescribed by law, but the
Senator or Member of the House Representatives thus elected shall serve only for
the un-expired term. (Section 9)
Prohibitions for Senators and Members of the House of Representatives:
1. No Senator or Member of the House of Representatives may hold any other office
or employment in the Government, or any subdivision, agency, or instrumentality
thereof, including government owned and controlled corporations or their
subsidiaries, during his term without forfeiting his seat. Neither shall be
appointed to any office which may have been created or the emoluments thereof
increased during the term for which he was elected. (Section 13)

29. 29
2. No Senator or Member of the House of Representatives may personally appear as
counsel before any court or justice or before the Electoral Tribunals or quasi-
judicial and other administrative bodies. Neither shall he, directly or indirectly,
be interested financially in any contract with or in any franchise or special
privilege granted by the government or any government owned or controlled
corporation, or its subsidiary, during his term of office. He shall not intervene in
any matter before any office of the Government for his pecuniary benefit or
where he may be called upon to act on account of his office. (Section 14)
Parliamentary Immunity: Freedom from arrest and Privilege Speech (Section
11)
A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from
arrest while Congress is in session. No Member shall be questioned nor be
held liable in any other place for any speech or debate in the Congress or in
any committee thereof.
Every member of Congress is entitled to the privilege from arrest while Congress is
in session, whether or not he is attending session. Congress is considered session,
regular or special for as long as it has not adjourned. Like the guarantee of freedom
of speech or debate, this privilege is intended to enable members of Congress to
discharge their functions adequately and without fear.
When immunity cannot be invoked:
The offense by reason of which arrest is made is punishable by more than six years
imprisonment. In this case, the seriousness of the offense does not justify the grant
of the privilege; and Congress is no longer in session. In such case, the reason of
the privilege does not obtain. The privilege is a personal one and may be waived.
Citizens or the state are still entitled to lodge and pursue criminal complaints against
lawmakers, as in the case of Nueva Ecija Representative Nicanor De Guzman, who
was convicted by the courts of gun smuggling.
As for infractions that are not exactly in the ambit of common crimes but are not
grave enough to warrant a complaint against and possible sanctions on the
lawmaker, there are the respective ethics committees of both Houses. All one has to
do is file a letter of complaint with the secretariat (Senate secretary or House
secretary general) of either chamber or with the ethics committee itself. The
complaint must be verifiable – i.e. the committee must be able to ascertain the
identity of the person who filed the complaint. As a rule, anonymous complaints are
thrown out, but if a person or group comes forward to support of corroborate the
charges, then there is hope of salvaging the complaint.
Freedom from being questioned for speech and debate:
A member of Congress enjoys parliamentary immunity in that he shall not be
questioned nor shall be held liable in any other place for nay speech or debate “in
the Congress or in any committee thereof”. The quoted phrase should be construed
to mean that the statements must be in connection with or in relation to the
performance of legislative duties.

30. 30
Privilege speeches may be about any topic and in any form – a tribute, an expose, a
denunciation. But most of the time, a privilege speech seeks to bring out into the
open some controversy, scandal or expose. Such speech or information s referred
by the chamber to the appropriate committee and becomes yet another basis for a
congressional investigation.
Since privilege speeches enjoy parliamentary immunity – meaning they cannot be
used as basis to sue a lawmaker fro slander or defamation so long as they are
delivered during a session or a congressional hearing – the unfortunate target or
subject of the speech has no way of getting back at the speaker. Prone to abuse by
some unscrupulous lawmakers, it can be used for not so lofty purposes, such as a
shakedown or a smear campaign. Indeed lawmakers are often dared to repeat their
accusations outside the chamber, but of course no one has been foolish enough to do
so.
When immunity cannot be claimed:
1. The member is not acting as a member of the Congress, for he is not entitled to
any privileges above his fellow citizens; nor are the rights of the people affected
if he is placed on the same ground on which his constituents stand
2. The member is being questioned in Congress itself, whenever said body considers
that his words and conduct are disorderly and unbecoming of a member thereof.
Business and financial interests of members of Congress:
All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business
interests. They shall notify the House concerned of a potential conflict of
interest that may arise from the filing of a proposed legislation of which they
are authors. (Section 12)
The Comprehensive Agrarian Reform Law (CARL) is hailed by those who crafted it as
a landmark piece of legislation. Yet it was a measure that came close to being
thrown out or made totally ineffective. Even now, not one sector affected by the law
can claim total satisfaction with its provisions, much less with its eventual
implementation. A close look at the forces involved in the crafting of the law would
explain why. The Congress that passed CARL – as well as the President who signed
it – was made up of political leaders with vast interests in agriculture. The same
composition would characterize the Ninth Congress, which, several years after CARL
was approved, provided for the additional exemption of a large portion of agricultural
lands, including fishponds and prawn farms, from the coverage of the law.
Several members of the Ninth Congress filed bills that could benefit their interest:
1. Twenty seven Mindanao representatives led by Davao City Rep. Manuel Garcia
filed House Bill 1967 providing for the suspension of agrarian reform in Mindanao
until 2020.
2. Ilocos Sur Governor Eric Singson filed House Bill 5074, which sought to allow
locally made cigarettes with foreign brand names to be exported and also
provided tax rebates for tobacco manufacturers and traders. Singson’s wife,
Candon Mayor Grace Singson, ran a tobacco trading and hauling business.

31. 31
3. Sugar planter Romeo Guanzon of Negros Occidental filed House Bill 628, which
provided for the importation of cheap foreign sugar, except in actual shortage, in
which case only sugar planters and millers would be authorized to import.
House leaders had a good explanation why there was no violation of the conflict o
interest rule by the said lawmakers. The then Ethics Committee Chairman, Rep. Yulo
asserted there was conflict of interest if the bills benefited not only the congressmen
but also the constituents.
Disciplining members of Congress:
Each House may determine the rules of its proceedings punish its members
for disorderly behavior and with the concurrence of two thirds of all its
members, suspend or expel a member. A penalty of suspension, when
imposed, shall not exceed sixty days. (Section 16)
To suspend or expel a member, the concurrence of two thirds of all the members of
each House is necessary. If the penalty is suspension, this shall not exceed 60 days.
Each House has no power to suspend a member for an indefinite period of time. An
indefinite suspension is considered worse than expulsion in the sense that in the
former, a vacancy does not arise and consequently, the people are deprived of the
opportunity to elect a replacement for the period of suspension.
Congressional Investigations: Inquiries in aid of legislation: (Section 21)
The Senate or House of Representatives or any of its respective committees
may conduct inquiries in aid of legislation in accordance with its duly
published rules or procedure. The rights of person appearing in or affected
by such inquiries shall be respected.
A legislative body cannot legislate wisely or effectively in the absence of information
respecting the conditions, which the legislation is intended to affect or change and
where the legislative body does not itself possess the requisite information, recourse
must be had to others who do possess it. Legislative hearings enable the public to
inform itself on governmental problems. They can also help influence public opinion
on important issues. Each House is required to publish the rules of procedure to be
followed in said inquiries for the guidance of any person who may be summoned
before it. Thus the hearings must be conducted strictly in accordance with said rules
and not depend on the whims of the members of the investigating committee.
Making laws is the principal function of Congress, but sometimes this is eclipsed by
the lawmakers more high profile tasks of investigating those who they think are
breaking laws. Strictly speaking, Congress conducts inquiries or investigations for
the purpose of crafting specific laws, which is why these are called “inquiries in aid of
legislation”.
But it is very easy for a lawmaker to look for some legislative pretext to investigate
something, which is why congressional committees seem to investigate just about
anything under the sun. And if that topic or issue happened to be very much in the
news, there is no doubt that a congressional investigation would soon follow.
A congressional investigation usually stems from a lawmakers written resolution or a
verbal request in the form of a privilege speech asking a certain committee or
committees of the chamber to look into specific topics usually controversies, scandals

32. 32
or anomalies involving government or its officials. Sometimes, at the instance of its
chairman, the committee motu propio (on its own) conducts an inquiry on a topic or
matter that falls under its mandate and jurisdiction.
Committees can invite most government officials to be resource persons or witness
in a congressional investigation. Exceptions are the President and the Supreme
Court Justices, in deference to their status as heads of government branches that are
co equal with Congress. Private personalities are also covered by such
investigations. Since congressional investigations are in aid of legislation, the
investigating committee is required by congressional rules to come up with a report
containing findings, conclusions and recommendations for remedial legislation.
The Electoral Tribunal (Section 17)
1. The Senate and House of Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all contests relating to the
election, returns, and qualifications of their respective members.
2. Composition of the Electoral Tribunal: Each Electoral Tribunal shall be
composed of nine members, three of whom shall be Justices of the
Supreme Court to be designated by the Chief Justice and the
remaining six shall be members of the Senate or the House of
Representatives, as the case may be, who shall be chosen on the basis
of proportional representation from the political parties or
organizations registered under the party list system represented
therein.
3. The senior justice in the Electoral Tribunal shall be its Chairman.
With a mixed membership partly taken from the Supreme Court and partly from the
House concerned, an independent body of sufficient stature “invested with a
measure of judicial temper” and free from the control of political parties is created to
insure a fair and impartial determination of election contests involving the right to
legislative seats. The system also enables Congress to concentrate on its proper
function which is lawmaking, rather than spend part of its time adjudicating election
contests.
The Commission on Appointments: (Section 18)
1. Composition: Consisting of the President of the Senate, as ex officio
Chairman, twelve senators and twelve members of the House of
Representatives, elected by each House on the basis of proportional
representation from the political parties and the parties or
organizations registered under the Party List system.
2. The Chairman of the Commission shall not vote except in case of a tie.
3. The Commission shall act on all appointments submitted to it within
thirty session days of the Congress from their submission. The
Commission shall rule by majority vote of all the Members.
The CA has the option of confirming or rejecting presidential appointee or nominee.
However, it very rarely rejects an appointment, even in the face of strong objections

33. 33
by its own members or other lawmakers that they represent. Among the officials
that will have to go through the CA are cabinet secretaries with portfolio
(department), officers of constitutional bodies, ambassadors and other ranking
officials of the Foreign Service and military officers from the rank of colonel up.
The CA would subject the nominee to intense grilling at the committee level. Before
the actual confirmation process at the plenary level, a series of hearings is held by
the pertinent CA committees. Here, the appointees face questions from CA
members, from his or her professional qualifications to his or her personal
circumstances. Miriam Defensor Santiago was one of those who had a tough time at
the committee level, as President Aquino’s agrarian reform secretary nominee.
Although it was the House bloc that strongly opposed to her appointment, it was
Senator Juan Ponce Enrile who delivered the biggest blow to her confirmation
chances. Enrile dug up Santiago’s medical records to show that she once had a
nervous breakdown.
By passing the nominee: Under the CA rules, the appointee must be confirmed by
the plenary before congress goes on a break. Otherwise, he or she must be re-
appointed by the President. Otherwise, he or she must be reappointed by the
President. Repeated bypassing of the nominee is usually a sign of strong objection
to the nomination.
Either the appointee resigns to avoid further humiliation, or the appointing power
withdraws the nomination or does not reappoint the nominee.
The Pork Barrel Fund:
Pork barrel goes by many fancy names: Country Wide Development Fund (CDF),
Congressional Initiative Allocation (CIA) and lately, Priority Development Assistance
Fund (PDAF). CDF was the first form of pork barrel in the post EDSA Congress. It is
a fixed fund specifically allotted to each lawmaker to enable him or her to finance an
infrastructure project either within his or her district or anywhere else in the country,
in a given budget year. The project may be a road, a school, or a livelihood
program. The last time it was made available to lawmakers, in 1997 to 1998, it
amounted to P200 million per senator and P65 million per Congressman.
The CIA is an improvement on the CDF that it gives back to the executive
department the prerogative to draw up projects and programs for funding by a
lawmaker’s pork barrel. From the budget of an executive office, lawmakers are
entitled to identify a project that he would like that office to finance. But unlike the
CDF, the CIA amount varies, depending on the lawmaker’s political power. A
lawmaker who is good at lobbying with cabinet secretaries can rack up billions of
pesos’ worth of government projects.
In the ninth Congress, Gloria Macapagal Arroyo, a first term senator, surprised her
veteran colleagues by managing – quietly but cleverly – to identify a couple of billion
pesos in congressional insertions, the name by which the CIA was known at that
time. Admiring and envious at that same time, Arroyo’s fellow senators were
naturally curious as to how and where the neophyte learned such a trick of the trade.
A veteran senator said that it turns out that Arroyo picked up a few lessons from her
father, the late President Diosdado Macapagal, a former Congressman who was an
expert at using the national budget to expand his political clout.