Handout ph constitution-and-pol-sci_2018-edition

LET Social Studies – Philippine Constitution and Political Science_ ©2018 Edition | Page 1 of 11
Philippine Constitution and Political Science
Licensure Examination for Teachers (LET) Handout Reviewer
Prepared and Compiled by: Mr. Rhey Mark H. Diaz, MAEd TSS (candidate)
BSEd Social Studies, Lic. No. 1334242, Exp. June 2020
Political Science
• Political Science – is the study of the polis. It is a
specialized study of the state, its government and
politics
• Polis – means “city-state” in Ancient Greece
• Popularized by the Athenians of Athens, Greece
during their reign
What are the basic concepts of politics?
• Order – is the primary thrust of politics as it seeks
to understand how human life in the aggregate is
ordered
• Power – getting others to comply “by creating the
prospect of severe sanctions for noncompliance”
• Justice – it is the application of power towards
interest and not just of for the few who rule
Basic Sources of Powers
• Force – is the actual or threatened use of coercion
to impulse one’s will on others
• Influence – refers to the existence of power
through a process of persuasion
• Authority – refers to institutionalized power that is
recognized by the people over whom it is
exercised
Types of Authority
• Traditional Authority – authority rests in custom,
not in personal characteristics, technical
competence, or even written law. People accept
the ruler’s authority that is how things have always
been done (Monarchial Type of Govt.)
• Rational-Legal Authority – this is sometimes
called bureaucratic authority. Leaders derive their
authority from written rules and regulations of
political systems such as constitution (Elected
Officials)
• Charismatic Authority – this term refers to power
made legitimate by a leader’s exceptional personal
or emotional appeal to his/her followers (Former
Pres. Cory Aquino during EDSA People Power)
What is Political Ideology?
• Ideology
- is the basic and general plan to improve
the society integrated within the group or
society itself.
- It is a system of beliefs about politics with
specific proposals but with general ideas
of society aimed at curing its perennial
ills.
How are ideologies classified?
Conservatism
- an ideology that preaches the system
basically unchanged
- To conserved, though, does not say that
things absolutely should not change
Liberalism
- Holds that human beings, by themselves,
are reasonable and rational enough to be
capable of improving a particular political
system
- All men and women to exercise reason,
work for a better life, and make their own
choices
- John Locke, the most influential liberal,
believed that human have the right to life
liberty and property
- Liberal is derived from Latin, liber
meaning free and therefore, society
should be as free as possible from
government interference
Socialism
- Concern for the suffering caused by
human exploitation of other humans
- Is a system of social organization that
advocates the ownership and control of
industry, capital, and land
Fascism
- Advocates a totalitarian system led by a
dictator and emphasizes an aggressive
nationalism and most often, racism
- Means complete control on the part of the
government over the lives of its citizens
- State is characterized by absolute
discipline, by a ruling group
- Use of violent means of pursuing power
What is a State?
• State
- Is composed of “people who live in a
certain territory where they are sovereign,
and with their own government
- Organization that has a number of
political functions and tasks, including
providing security, extracting revenues,
and forming rules for resolving disputes
and allocating resources
Origins of a State
• Divine Right Theory – it holds that the state is of
divine creation and the ruler is ordained by God to
govern the people
• Force Theory - it maintains that states must have
been created through force
• Paternalistic Theory – it attributes the origin of
states to the enlargement of the family which
remained under the authority of the father or
mother
• Social Contract Theory – asserts that the early
states must have been formed by deliberate and
voluntary compact among the people to form a
society and organized government
What are the Elements of a State?
Name: ______________________________________
Course: _______________Major: ________________

• Territory – it is the extent of land belonging to the
state
• People – it is a mass of population living within the
state
• Government – it is an agency through which the
will of the state is formulated, expressed, and
carried out
• Sovereignty – It is the power of the state to
command and enforce obedience.
How is a state distinguished from a nation or
government?
• Government – is only an element of a state, as
such may change from time to time
• State – has some degree of permanence; political
concept
• Nation – is racial in nature, bound by a common
race or language as well as customs and traditions
What is a government?
• Government
- is an institution that has the power to
make laws and enforce these on certain
territories, people and other organizations
- It derived from latin word gubernaculum
which means a rudder used to steer,
control, or direct
What are the common forms of government?
• According to the number of persons in whom
sovereignty resides
- Monarchy (Rule of One). A form of
government in which the supreme and
final authority resides in one person,
whose word considered as law. I could
be:
- Absolute Monarchy
- Limited Monarchy /
Constitutional
Monarchy
- Aristocracy (Rule by the Few). A
government in which the political power
belongs to the elite of the society who
have that high social status, wealth and
political power of hereditary nobility
- Democracy (Rule of the Many). A form of
government in which the supreme
political power is exercised by a majority
of the people. It could be;
- Direct
- Indirect (Republican or
representative)
• According to the distribution of Powers of the
Central Government;
- Unitary – a form of government in which
the control of the national government
and of local affairs is exercised by the
central government or national
government
- Federal – a form of government in which
the powers of the government are
distributed between central government
and the local government, each organ
being supreme within its own political
sphere
• According to the relationship of the legislature and
the executive braches of the government;
- Parliamentary – a type of government
characterized by a fusion of powers of the
executive and the legislative branches
- Headed by a Prime Minister
- Presidential – is a type of government is
characterized by weak ties between the
legislative and the executive branches,
and by the shifting balance of power
- What is constitution?
Constitution
- Is the fundamental law of the land
- Is a written instrument by which the
fundamental powers of the government
are established, limited and defined
- Classifications of Constitution
- Written and Unwritten
- Cumulative and Conventional
- Rigid and Flexible
What are the essential parts of a Constitution?
• Constitution of Liberty – contains a series of
prescriptions setting forth the fundamental, civil,
and political right of the citizens
• Constitution of Government – which contains a
series of provisions outlining the organization of
the government, enumerating its powers and
laying down the rules relative to its administration
• Constitution of Sovereignty – which includes
provisions pointing out the mode of procedure of
amending or revising the fundamental law of the
land
How can the constitution be changed?
• Constituent Assembly – the congress may
convene it self into a constituent assembly but a
simple vote of majority –requires the vote of ¾ of
its members of affect amendment
• Constitutional Convention – Congress may call
for a constitutional convention by the vote of 2/3 of
all its members
• People’s Initiative – people may directly propose
changes of the constitution upon the petition of at
least 12% of all registered voters, represented by
at least 3% of all registered voters in every
legislative district
Classification of Condtitution
- Written - documents that are considered
as part of the land’s fundamental law.
This constitution can also be considered
as an Un-compiled constitution.
- Unwritten - is the constitution where the
provisions are not contained in a single
document. The provisions are written in
different
Classification based on how it was created

- Cumulative - Evolve Constitution is the
constitution that is developed as a part of
the history of a particular nation; it was
not created through a national
convention.
- Conventional- is the constitution that
was created through a constitutional
convention; this convention is called to be
able to draft the constitution.
Classification according degree of amending
• Rigid - or Inelastic Constitution is the kind of
constitution that cannot be easily amended and
needs a convention to change or amend it
• Flexible - or Elastic Constitution is the kind of
constitution that can be easily be changed.
Philippine Constitutions
• 1899 Constitution (Malolos Constitution)
- Which provided for the establishment of a
Philippine Republic
• 1935 Constitution
- Chairman of the 1934 Constitutional
Convention: Claro M. Recto
- Tydings-McDuffie – Philippine
Independence Act
- Approval of US Franklin Delano
Roosevelt – March 23, 1935
- Ratifies by the Filipino people – May 14,
1935
- Chairmen of the 1971 ConCon – former
Presidents Carlos P. Garcia and
Diosdado P. Macapagal
- Passing of Resolution No. 2 of both
houses, authorizing the holding of a
constitutional convention of 1971 – March
16, 1971
- November 30, 1972: Signing of the
proposed Constitution
- Cecilia Muñoz-Palma : Chairperson of the
1986 ConCon
- April 23, 1986: Promulgation of
Proclamation No. 9 “Law Governing the
Constitutional Commission of 1986
- October 12, 1986 – proposed Constitution
was approved by the Constitutional
Commission
- February 02, 1987: Ratified by the
Filipinos
Basic Principles of the 1987 Constitution
• Recognition of the aid of Almighty God
• Sovereignty of the people
• Renunciation of war as an instrument of National
Policy
• Separation of church and state
• Supremacy of the civilian authority over the military
• Recognition of the importance of family
• Guarantee of human rights
• Separations of powers
• Government through suffrage
• Guarantee of local autonomy
• Independence of the judiciary
• High sense of public service morality and
accountability of public officers
• Nationalization of natural resources and certain
private enterprises affected with public interest
• Government of laws not of men
• Rule of the majority
What is public opinion?
• Public Opinion
- Is commonly referred to as “the sum of
private opinions”
- It is a collective view held by the people in
response to a given issue
- It can be powerful or influential enough,
though the views may or may nor
necessarily be representative of the views
of all the people
What is suffrage?
• Suffrage
- Is the right and obligation to vote in the
election of government officers and in the
decisions of public questions submitted to
the people
What does suffrage include?
• Election – refers to the selection, by the people
serving as the electorate, of persons as candidates
for public offices for fixed period
• Recall – is a method by which an elected official
may be removed from office even before the
expiration of his/her fixed term
• Plebiscite – refers to the submission of political
issues “concerning more permanent changes in
the political structure to a popular vote for approval
or rejection
• Referendum – is referring a piece of legislation
passed by the government to the voting public for
their ratification or rejection
- it differs from a referendum because its results are not
binding
• Initiative – is the process by which the people
directly propose laws.
What makes a person a qualified voter?
• Citizenship – only citizens, whether natural-born
or naturalized, can enjoy the privilege of voting
• Residence – prescribes at least one year of
residence, and six months immediately preceding
the election, in the place the citizen propose to
vote
• Age – at least 18 years old of age
Is there such a thing as absentee voting?
• Overseas Absentee Voting Law (RA 9189)
- clearly suggests that any Filipino citizen
who, by force of circumstance, has to be
abroad for work or residence should also
be given the right to vote even in a
foreign land

What is an interest group?
• Interest Group
- is any group organized or unorganized
that makes certain claims upon other
groups in the society for the
establishment, maintenance or
enhancement of certain actions
- Is an organization that attempts, through
persuasion and the spread of information,
to influence the government to act in
accordance with the specific groups
interest
How Political Party different from Interest Group?
• Political Parties – are organized social group that
seek to take over, wholly or partially, the
government of a country, usually by contesting
elections
• Platforms – are statements of principles and
policies adopted by the party
What is the structure of the legislature?
• Bicameral System – consists of Upper House
(Senate) and the Lower House (House of
Representatives)
• Unicameral System – single chamber only of
legislature
• Senate composed of 24 senators and shall be
elected nationwide by the qualified voters
• They shall serve for not more than two (2)
consecutive six (6) year terns only
• House of Representative shall be composed of
not more than 250 members, unless otherwise
fixed by law – who shall be elected from the
legislative districts apportioned among the
provinces and cities and Metro Manila
• Party-list Representatives is composed of
around 200 representatives from legislative
districts and around 50 party-list or sectorial
representatives
• The members of the House of Representatives,
whether district or party-list representatives, shall
serve not more than three consecutive years (3
year terms)
Advantages of Bicameralism
• A second chamber/house (senate) is necessary to
serve as a check to rushed and ill-considered
legislation
• Serves as a training ground for future leaders
• Provides a representation for both regional and
national interests
• Less susceptible to bribery and control of big
interest
Disadvantages of Bicameralism
• The bicameralism set-up has not worked out as an
effective fiscalizing machinery
• Although it afford a double consideration of bills, it
is no assurance of better considered and better
deliberated legislation
• All produces duplication of efforts and serious
deadlocks in the enactment of important measures
with the Conference Committee of both Houses
• All things being equal, it is more expensive to
maintain than a unicameral legislature
• The prohibitive costs of senatorial elections have
made it possible for only wealthy individuals to
make it to the senate
Who can run as members of Congress?
• A candidate for Senate must be:
- a natural born citizen
- At least 35 years old on the day of
elections
- Able to read and write
- A registered voter
- A resident of the Philippines for not less
than 2 years preceding the election
• A candidate for the House of Representatives
must be:
- A natural born citizen
- At least twenty-five years old on the day
of the election
- Able to read and write
- A registered voter in the district (except
for party-list representatives)
- A resident in the district for not less than
1 year preceding the election (except for
party-list representatives)
Who may participate in the party-list system?
• Sectorial Party – refers to an organized group of
citizens whose principal advocacy pertains to the
special interests and concerns of the following
sectors: labor, peasant, urban poor, indigenous
communities, women, youth
• Sectorial Organization – refers to a group of
citizens or a coalition of groups of citizens who
share similar physical attributes or characteristics,
employment, interests or concerns
• Political Party – refers to an organized group of
citizens advocating an ideology or platform,
principles and policies for the general conduct of
government
• Coalition – refers to an aggrupation of duly
registered national, regional, or sectorial parties or
organizations for political and/ or election purposes
Qualifications of a party-list nominee
• A natural born Filipino citizen
• A registered voter
• A resident of the Philippines for at least one year
preceding the election
• Able to read and write
• A bona fide member of the party organization for at
least ninety days preceding the election
• At least 25 years old on election day
Party-list seats allocation
• After ranking the parties from highest to lowest
based on the votes they garnered, the parties,
organization and coalitions that received at least

2% of the total votes cast for party list system shall
be entitled to ne seat in the house
• This means hat for every 2% the votes garnered, a
party is given a seat
• But only maximum for 3 seat are allowed for each
party
Functions or responsibilities of the legislature
• Legislative Function – make laws and statutes
• Executive Function – confirm the appointment of
other ranking executive officials
• Judicial Function – impeachment proceeding
against public officials
• Constitutional Function – proposed amendments
to the constitution
• Electoral Function – congress serves as a
canvassing board to determine the validity of
electoral returns for President and Vice President
• Financial Function – power to promulgate all tax
laws and other laws pertaining to public finance,
financial power over the annual budget
• Investigatory Function – is guaranteed by the
constitution through its power to conduct inquiries
in aid of legislation
• Educational Function – through speeches
delivered by its members on issues of prime
importance to the people
How does the legislature work?
• All legislature work trough a committee system
- Standing committee – is a permanent
created through the by-laws of a
particular chamber, which oversees a
general topic area
- Subcommittee – are often too broad in
scope. Subcommittees break up
particular issues into specialized areas of
concern before sending their report to the
entire committee
- Special, ad hoc, and Select Committee
– the are created temporality for the sole
purpose of resolving an issue that needs
immediate attention and resolution
- Committee of the whole – usually the
upper house need not form this
committee considering the small number
od senators; the lower house may want to
discuss a subject without the formal rules
and restrictions of parliamentary
procedure
- Joint Committee – composed of
selected members of both houses of the
legislature, it threshes out the differences
between the two versions of the same bill
from the two houses
How law is made?
• First Reading – only title of the bill is read along
with its number and the names of its authors
• Referral to Appropriate Committee – conduct
hearings on it and consequently prepares a report;
if its is disapproved on its merit, the bill dies
naturally
• Second Reading – the bill is read in it’s entirety
together with the amendments proposed by the
committee
• Debates – here, in accordance with the rules of
either house, amendments may be proposed by
any member of the Congress
• Printing and Distribution – after a bill is
approved on the second reading, it is printed in tis
final form and distributes it to all members of the
house, except the bill certified by the President
• Third Reading – no amendment of discussion is
allowed this stage. As a rule, a majority of the
house members constituting a quorum can pass a
bill.
• Referral to other house – after its approval in one
house, the same bill is forwarded to the other
house, where the same procedure is observed
• Submission to a Joint Bicameral Committee – if
the counterpart bill have conflicting provisions, a
conference committee composed of
representatives of each house is formed to iron
out the differences
Who can run as President of the Philippines?
• A natural born Filipino Citizen
• A registered voter
• Able to read and write
• At least 40 years of age on the day of the election
• A resident of the Philippines for at least 10 years
immediately preceding the election
Functions or responsibilities of the President
• Executive Functions – enforces the laws in the
country and the constitution, responsible for
making and carrying out policy decisions and for
supervising the bureaucratic machinery of the
national level
• Legislative Function – also plays a significant
role in initiating and formulating the bills that the
legislature will eventually enact into law and
rallying public support for the policies that are
explicit and implicit in the laws
- the president also have the power to veto a bill
- the power to prepare the proposed annual
national budget knows a General Appropriations
• Judicial Functions – granting the following;
– Pardon – an act of mercy to exempt a
convicted individual from punishment for
a crime he has been convicted for (it can
be Absolute or Conditional)
– Reprieve – the postponement of the
death sentence to an indefinite time
– Commutation – lowering of the sentence
– Amnesty – an act of mercy, with the
consent of the Congress, granted to
persons who have committed crimes of a
political nature
• Administrative Function –the power to appoint of
remove officials
• Diplomatic Function – is the state’s official
representative in conducting international relations
• Military Function – head and commander in Chief
of the Armed Forces of the Philippines

Martial Law
• It includes all laws that have reference to and are
administered by the military forces of the State
• It is law which has application when the military
arm does not supersede civil authority but is called
upon to aid in the execution of its vital functions
• Effects of Sate of Martial Law
– Operations of the Constitution
– Functions of Civil courts and Legislative
assemblies
– Jurisdiction of Military Courts and
Agencies
– Privilege of the writ of habeas corpus
Impeachment
• Impeachment – is a political process mandated by
the Constitution specifically under Section 2, Art.
XI.
– A method of national inquest in the
conduct f public men
– Its purpose is to secure the powers of
some high officials and to see to it that
their duties and functions are well taken
without any grave abuse of discretion
Grounds for Impeachment
• Culpable Violation of the Constitution
• Treason
• Bribery
• Graft and Corruption
• Other High Crimes
• Betrayal of Public Trust
How can one become a member of the judiciary?
Supreme Court:
• A natural- born Filipino Citizen
• A least 40 years of age
• Must have been a judge of a lower court or
engaged in the practice of law in the Philippines for
15 years of more
• Must be a person of proven competence, integrity,
probity and independence
Lower Courts:
• A Filipino citizen, not necessarily natural –born
• Must be a member of the Philippine Bar
• Must be a person of proven competence, integrity,
probity and independence
• Must possess additional requirements as may be
prescribe by Congress
What are the functions of the judiciary?
• Resolution of Disputes/ Judicial Review -
interprets law and applies it to specific or individual
cases brought to its care to resolve issue
• Determination of Guilt or Innocence
• Guardianship of the Constitution – this function
stating that the judiciary is the protector of the
constitution
• Prevention of Wrong doing “preventive justice,
that is, or court-mandated actions that prevent
injuries from being committed”
– This includes prohibiting individuals from
doing an action (writ of prohibition)
– And forcing someone to do something,
like reparations (writ of mandamus)
• Court of Appeals – hears civil and criminal cases
each of the regions
• Regional Trial Courts
• Metropolitan Trail Courts
Special Courts
• Court of Tax Appeals – is composed of a
presiding Judge and two Associate Judges
appointed by the President; it has exclusive
jurisdiction over tax cases appealed by private
citizens and commercial firms
• The Sandiganbayan – is a special anti-graft court,
it decides cases involving graft and corruption by
government officials and employees
• The Ombudsman – PD 1487, investigates cases
graft and corruption in government; It acts as the
prosecutor in bringing graft cases before
Sandiganbayan
Supreme Court Orders
• Quo Warranto – “by what warrants” what is your
authority
• It is not a petition, but a notice of demand, issued
by a demandant, to a respondant claiming some
delegated power, and filed with a court of
competent jurisdiction, to hold a hearing within 3 to
20 days, depending on the distance of the
respondant to the court, to present proof of his
authority to execute his claimed powers.
• If the court finds the proof insufficient, or if the
court fails to hold the hearing, the respondant must
cease to exercise the power.
• If the power is to hold an office, he must vacate the
office.
• Certiorary – “to be certified”, quashing or
dismissing the order already passed by lower
courts
• A type of writ, meant for rare use, by which an
appellate court decides to review a case at its
discretion. The word certiorari comes from Law
Latin and means "to be more fully informed."
• A writ of certiorari orders a lower court to deliver its
record in a case so that the higher court may
review it. The writ of certiorari is a common
law writ, which may be abrogated or controlled
entirely by statute or court rules.

• Prohibition – to forbid/ to stop, a stay order
• An order from a superior court to a lower court or tr
ibunal directing the judge and the parties to cease
the litigation because
the lower court does not have proper jurisdiction to
hear or determine the matters before it. A writ of p
rohibition is an
extraordinary remedy that is rarely used.
• Habeas Corpus –” you may have the body”, a
person who detained by a person to released
• A writ (court order) that commands an individual or
a government official who has restrained another
to produce the prisoner at a designated time and
place so that the court can determine the legality
of custody and decide whether to order the
prisoner's release.
• Mandamus – “we command” order of the highest
tribunal to lower court to performed the duty of a
certain department official
• A writ or order that is issued from a court of superi
or jurisdiction that commands an inferior tribunal,
corporation, Municipal
Corporation, or individual to perform, or refrain fro
m performing, a particular act, the performance oro
mission of which is required by law as an obligatio
n.
• Writ of Amparo – can be filed in any court (Right
of Life, Liberty and Property)
• The petition for a writ of amparo is a remedy
available to any person whose right to life, liberty
and security is violated or threatened with violation
by an unlawful act or omission of a public official or
employee, or of a private individual or entity.
• The writ shall cover extralegal killings and
enforced disappearances or threats thereof.
• Writ of Habeas Data – to released or present , to
produce the data or information
• The writ of habeas data is a remedy available to
any person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful
act or omission of a public official or employee, or
of a private individual or entity engaged in the
gathering, collecting or storing of data or
information regarding the person, family, home
and correspondence of the aggrieved party.
Local Government
• Is a political subdivision of the state that is given
authority to control local affairs, with officials
elected or appointed
• It is a government that citizens can easily get in
touch with
• It refers to the provinces, cities and municipalities
in the Philippines
The Law on Local Government
• They shall enjoy local autonomy or self-reliance to
ensure their fullest development
• Congress shall enact a new local government
code
• The President exercises general supervision over
Local Government
• Each local government unit has the power to
create its own sources of revenue, to levy taxes
and charges
• Local Government shall have a just share in the
national taxes, which shall automatically be
released to them
• Local Government shall have an equal share in
the proceeds of national wealth in their area
• The term of office of elective officials shall be three
years with a maximum reelection of three
consecutive terms
Barangay
• Is the smallest government unit
• Has an elected council or Sangguniang Barangay
led by Barangay Chairman/ Captain
• Chairman is the chief executive of the barangay,
and elected for a term of three years and led the
local council and barangay court
• Barangay Courts – a system settling small
disputes in the barangay level / lupong tagapayapa
through PD 1508
Role of the Barangay
• As the basic political unit,
• the Barangay serves as the primary planning and
implementing unit of government policies, plans,
programs, projects, and activities in the
community, and
• as a forum wherein the collective views of the
people may be expressed, crystallized and
considered, and where disputes may be amicably
settled
Manner of Creation
• May be created, divided, merged, abolished, or its
boundary substantially altered, by law or by an
ordinance of the Sangguniang Panlalawigan or
Sangguniang Panlungsod,
• subject to approval by a majority of the votes cast
in a plebiscite to be conducted by the Comelec in
the local government unit or units directly affected
• In the case of the creation of Barangays by the
Sangguniang Panlalawigan, the recommendation
of the Sangguniang Bayan concerned shall be
necessary.
Requisites for Creation
• A Barangay maybe created out of a contiguous
territory which has a population of at least two
thousand (2,000) inhabitants as certified by the
National Statistics Office
• except in cities and municipalities within Metro
Manila and other metropolitan political subdivisions
or
• in highly urbanized cities where such territory shall
have a certified population of at least five
thousand(5,000) inhabitants
• The governor or city mayor may prepare a
consolidation plan for Barangays, based on the
criteria prescribed in this Section, within his
territorial jurisdiction.

• The territorial jurisdiction of the new Barangay
shall be properly identified by metes and bounds
or by more or less permanent natural boundaries.
The territory need not be contiguous if it comprises
two (2) or more islands.
City and Municipality
• City - has an independent charter and more
income and people
– Highly Urbanized City
– Chartered City
– Component City
• Municipalities – fall under the provincial governor
and have less independence than cities
• Composed of Mayor (Chief Executive) Vice Mayor
the Presiding Officer of Sangguniang
Bayan/Panglungsod and the Municipal/ City
Council
Municipality
Role of the Municipality
• The municipality, consisting of a group of
Barangays, serves primarily as a general purpose
government for the coordination
• and delivery of basic, regular and direct services
and effective governance of the inhabitants within
its territorial jurisdiction.
Manner of Creation
• A municipality may be created, divided, merged,
abolished, or its boundary substantially altered
only by an Act of Congress
• and subject to the approval by a majority of the
votes cast in a plebiscite to be conducted by the
Comelec in the local government unit or units
directly affected.
• Except as may otherwise be provided in the said
Act, the plebiscite shall be held within one hundred
twenty (120) days from the date of its effectivity.
• (a) at least Two million five hundred thousand
pesos (P=2,500,000.00) for the last two (2)
consecutive years based on the 1991 constant
prices;
• a population of at least twenty-five thousand
(25,000) inhabitants as certified by the National
Statistics Office; and a contiguous territory of at
• least fifty (50) square kilometers as certified by the
Lands Management Bureau
• The territorial jurisdiction of a newly-created
municipality shall be properly identified by metes
and bounds
• The territory need not be contiguous if it comprises
two (2) or more islands.
City
Role of the City
• The city, consisting of more urbanized and
developed Barangays, serves as a general-
purpose government for the coordination
• and delivery of basic, regular, and direct services
and effective governance of the inhabitants within
its territorial jurisdiction.
Manner of Creation.
• A city may be created, divided, merged, abolished,
or its boundary substantially altered, only by an Act
of Congress,
• and subject to approval by a majority of the votes
cast in a plebiscite to be conducted by the
Comelec in the local government unit or units
directly affected.
• Except as may otherwise be provided in such Act,
the plebiscite shall be held within one hundred
twenty (120) days from the date of its effectivity.
Requisites for Creation.
• A municipality or a cluster of Barangays may be
converted into a component city if it has an
average annual income, as certified by the
Department of Finance, of at least Twenty million
pesos (Php20,000,000.00) for the last two (2)
consecutive years based on 1991 constant prices
• a contiguous territory of at least one hundred (100)
square kilometers, as certified by the Lands
Management Bureau; or,
• a population of not less than one hundred fifty
thousand(150,000) inhabitants, as certified by the
National Statistics Office
Cities, Classified : Highly Urbanized Cities.
• Cities with a minimum population of two hundred
thousand (200,000) inhabitants, as certified by the
National Statistics Office,
• and with the latest annual income of at least Fifty
Million Pesos(Php50,000,000.00) based on 1991
constant prices, as certified by the city treasurer,
shall be classified as highly urbanized cities.
• Cities which do not meet the above requirements
shall be considered component cities of the
province in which they are geographically located.
• If a component city is located within the
boundaries of two (2) or more provinces, such city
shall be considered a component of the province
of which it used to be a municipality.
• qualified voters of highly urbanized cities shall
remain excluded from voting for elective provincial
officials.
Provincial Government
• The largest local form of government
• Group by Regions
• Composed of Cities and Municipalities
• Composed of elected Governor, Vice Governor,
Sangguniang Panlalawigan
Province
Role of the Province
• The province, composed of a cluster of
municipalities, or municipalities and component
cities, and as a political
• and corporate unit of government, serves as a
dynamic mechanism for developmental processes
• and effective governance of local government units
within its territorial jurisdiction.
Manner of Creation
• A province may be created, divided, merged,
abolished, or its boundary substantially altered,
only by an Act of Congress and subject to approval
by a majority of the votes cast in a plebiscite to be
conducted by the Comelec
• in the local government unit or units directly
affected. The plebiscite

• shall be held within one hundred twenty (120) days
from the date of effectivity of said Act, unless
otherwise provided therein.
• A province may be created if it has an average
annual income, as certified by the Department of
Finance, of not less than Twenty million
pesos(Php20,000,000.00) based on 1991 constant
prices
• a contiguous territory of at least two thousand
(2,000) square kilometers, as certified by the
Lands Management Bureau; or,
• a population of not less than two hundred fifty
thousand(250,000) inhabitants as certified by the
National Statistics Office:
• Provided, That, the creation thereof shall not
reduce the land area, population, and income of
the original unit or units at the time of said creation
to less than the minimum requirements prescribed
herein.
Citizenship
• Citizenship – is defined as membership in a
political community with full civil and political
privileges
How can citizenship be acquired?
– Citizenship by Birth (jus soli- law of the
soil and jus sanguinis- law of the blood)
– Citizenship by Naturalization – process
by which a foreigner becomes a citizen of
state
– Can citizenship be lost?
– Expatriation – the voluntarily giving up of
one’s citizenship (through naturalization
with other state; by the conveyed
renunciation of one’s citizenship, by
subscription to the oath of allegiance of a
foreign country)
– Repatriation – those citizen who have
been naturalized to another state may
regain their former Filipino citizenship by
naturalization of by the direct act of
Congress; taking the necessary oath of
allegiance to the Republic
Bill of Rights
• Bill of Rights - is a formal declaration of the
fundamental rights of the people that are to be
secured and protected by the government
1987 Constitution Bill of Rights
• Article III
– Section 1. No person shall be deprived of
life, liberty, or property without due
process of law
– Section 2. The right of the people to be
secure in their persons, houses, papers,
and effects against unreasonable
searches and seizures
– Section 3. The privacy of communication
and correspondence
– Section 4. No law shall be passed
abridging the freedom of speech, of
expression, or of the press
– Section 5. No law shall be made
respecting an establishment of religion, or
prohibiting the free exercise thereof.
– Section 6. The liberty of abode and of
changing the same within the limits
prescribed by law shall not be impaired
– Section 7. The right of the people to
information on matters of public concern
shall be recognized
– Section 8. The right of the people,
including those employed in the public
and private sectors, to form unions,
associations, or societies
– Section 9. Private property shall not be
taken for public use without just
compensation
– Section 10. No law impairing the
obligation of contracts shall be passed
– 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.
– Section 12. (1) right to remain silent and
to have competent and independent
counsel preferably of his own choice
• (2) No torture, force, violence,
threat, intimidation, or any other
means which vitiate the free will
shall be used against him
– Section 13. All persons, except those
charged with offenses punishable by
reclusion perpetua when evidence of guilt
is strong
– Section 14. No person shall be held to
answer for a criminal offense without due
process of law
– Section 15. The privilege of the writ of
habeas corpus shall not be suspended
except in cases of invasion or rebellion
– Section 16. All persons shall have the
right to a speedy disposition of their
cases
– Section 17. No person shall be
compelled to be a witness against
himself.
• Section 18. No person shall be detained solely by
reason of his political beliefs and aspirations
• Section 19. Excessive fines shall not be imposed,
nor cruel, degrading or inhuman punishment
inflicted.
• Section 20. No person shall be imprisoned for
debt or non-payment of a poll tax.
• Section 21. No person shall be twice put in
jeopardy of punishment for the same offense.
• Section 22. No ex post facto law or bill of attainder
shall be enacted
International Law

• International Law – is a body of laws consisting of
the principles, norms, and processes that regulate
the states’ relation with one another
• This are the binding rules of conduct among
states, expressed in treaties, the writings of the
scholars, the ruling of judicial bodies and in
particular by the consistent and established
behaviors of the state
United Nations
• is an international organization founded in 1945
after the Second developing friendly relations
among nations and promoting social progress,
better living standards and human rights
• Membership: 193 Member States
• Established: 24 October 1945
• Official languages: Arabic, Chinese, English,
French, Russian, Spanish.
• UN Observances - The first day approved by the
UN General Assembly was United Nations Day, 24
October (by resolution 168 (II) of 31 October
1947).
United Nations Objectives
• To maintain international peace and security
• To develop friendly relations among nations based
on respect for the principle of equal rights and self-
determination of peoples
• To achieve international cooperation in solving
international problems and in promoting and
encouraging respect for human rights and the
fundamental freedom of all people
• To be a center for harmonizing the actions of
nations in the attainment of these common ends
United Nations Subsidiaries
• General Assembly
– The General Assembly is the main
deliberative organ of the UN and is
composed of representatives of all
Member States.
– The work of the United Nations year-
round derives largely from the mandates
given by role, authority, effectiveness and
efficiency, the General Assembly.
• Economic and Social Council
– The Economic and Social Council
(ECOSOC)- is the principal organ to
coordinate the economic, social and
related work of the United Nations and
the specialized agencies and institutions.
• International Court of Justice
– Located at The Hague in the Netherlands,
is the principal judicial organ of the United
Nations.
– It settles legal disputes between states
and gives advisory opinions to the UN
and its specialized agencies.
• Security Council
– has primary responsibility, under the UN
Charter, for the maintenance of
international peace and security.
– A reform of the Security Council,
including its membership is under
consideration.
• Trusteeship Council
– was established in 1945 by the UN
Charter to provide international
supervision for 11 Trust Territories placed
under the administration of 7 Member
States
– and ensure that adequate steps were
taken to prepare the Territories for self-
government and independence.
• Secretariat
– The Secretariat carries out the day-to-day
work of the Organization.
– It services the other principal organs and
carries out tasks as varied as the issues
dealt with by the UN:
• administering peacekeeping
operations,
• surveying economic and social
trends,
• preparing studies on human
rights, among others
Structure and Organizations
• The Peacebuilding Commission (PBC)
– is an intergovernmental advisory that
supports peace efforts in countries
emerging from conflict, and is a key
addition to the capacity of the
International Community in the broad
peace agenda.
• Office of the United Nations High
Commissioner for Refugees (UNHCR)
– Is mandated to lead and co-ordinate
international action to protect refugees
and resolve refugee problems worldwide.
– Its primary purpose is to safeguard the
rights and well-being of refugees.
• United Nations Children's Fund (UNICEF)
– UNICEF is the driving force that helps
build a world where the rights of every
child are realized
• United Nations Development Fund for Women
(UNIFEM)
– UNIFEM is the women's fund at the
United Nations, dedicated to advancing
women’s rights and achieving gender
equality.
– It provides financial and technical
assistance to innovative programmes and
strategies that foster women's
empowerment.
• United Nations Population Fund (UNFPA)
– is an international development agency
that promotes the right of every woman,
man and child to enjoy a life of health and
equal opportunity.
Other organizations of United Nations
• International Labor Organization (ILO)
• World Health Organization (WHO)

• World Bank
• International Monetary Fund (IMF)
• UN Peacekeeping Missions
Association of Southeast Asian Nations (ASEAN)
• ASEAN Declaration - 8 August 1967, five leaders
- the Foreign Ministers of Indonesia, Malaysia, the
Philippines, Singapore and Thailand
• ASEAN Declaration, also known as the Bangkok
Declaration
• These aims and purposes were about
cooperation;
– in economic, social, cultural, technical,
educational and other fields,
– in the promotion of regional peace and
stability through abiding respect for
justice and the rule of law and adherence
to the principles of the United Nations
Charter
Asia-Pacific Economic Cooperation (APEC)
• The idea of APEC was firstly publicly broached by
former Prime Minister of Australia, Mr Bob Hawke,
during a speech in Seoul, Korea in January 1989.
• Later that year, 12 Asia-Pacific economies met in
Canberra, Australia to establish APEC.
• The founding members were: Australia, Brunei
Darussalam, Canada, Indonesia, Japan, Korea,
Malaysia, New Zealand, the Philippines,
Singapore, Thailand and the United States.
Southeast Asia Treaty Organization (SEATO)
• The Southeast Asia Collective Defense Treaty, or
Manila Pact
• Signed on 8 September 1954 in Manila, as part of
the American Truman Doctrine of creating anti-
communist bilateral and collective defense
treaties.
• These treaties and agreements were intended to
create alliances that would contain communist
powers (Communist China, in SEATO's case).
• which expanded the concept of anti-communist
collective defense to Southeast Asia,
• Vice President Richard Nixon advocated an Asian
equivalent of NATO upon returning from his late-
1953 Asia trip.
• Headquartered in Bangkok, was created in 1955 at
the first meeting of the Council of Ministers set up
by the treaty
Commonwealth of Independent States (CIS)
• Founded on 8 December 1991 by the Republic of
Belarus, the Russian Federation, and Ukraine and
signed a Creation Agreement
• on the dissolution of the Soviet Union and the
creation of CIS as a successor entity to it.
• At the same time they announced that the new
alliance would be open to all republics of the
former Soviet Union, and to other nations sharing
the same goals.
• CIS charter stated that all the members were
sovereign and independent nations and thereby
effectively abolished the Soviet Union.
South Asian Association for Regional Cooperation
(SAARC)
• is an economic and geopolitical cooperation
among eight member nations that are primarily
located in South Asia continent.
• Its secretariat is headquartered in Kathmandu,
Nepal.
• First coined in 1980 and the first summit held in
Dhaka on 8 December in 1985 led to its
establishment by the governments of Bangladesh,
Bhutan, India, Maldives, Nepal, Pakistan, and Sri
Lanka
• The SAARC policies aim to promote welfare
economics, collective self-reliance among the
countries of South Asia, and to accelerate socio-
cultural development in the region
Sources
• LET in Government and Constitution by Edwin
Lineses (2007)
• Philippine History and Government by Sonia Zaide
(2012)
• LET Reviewer in Social Science by Rogelio
Espiritu (2011)
• Philippine Government and Constitution by Prof.
Sherwin Castañeda et.al (2010)
• https://www.law.cornell.edu/wex/writ_of_certiorari
• https://legal-
dictionary.thefreedictionary.com/writ+of+prohibition
• https://legal-
dictionary.thefreedictionary.com/writ+of+mandamu
s
• http://www.chanrobles.com/writofhabeasdata.html
#.WvuQlOqg_IU
• https://legal-
dictionary.thefreedictionary.com/writ+of+habeas+c
orpus
• http://hrlibrary.umn.edu/research/Philippines/The%
20Rule%20On%20The%20Writ%20Of%20Amparo
.pdf

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