3POLITICAL-SCIENCE-1.pptx

POLITICAL SCIENCE
DEFINED
Political science is the systematic
study of the State and Government.
Greek word ‘polis’ meaning a city
or sovereign state, the word
‘science’ comes from the Latin word
‘scire’ meaning to know.

shares common interest with other
social disciplines namely:
- It is a written record of past
including present. It describes social
events in time and place. It records the
events chronologically. On the other hand,
the function of political science is to
analyze political institutions, to describe
their workings and organization and to
some extent to forecast their
development; while that of history is to

– is the scientific study of
man’s activity in providing for such
human needs as hunger, shelter,
clothing and education. It deals with
man’s attempt to earn a living, with
man’s activities in connection with
the consumption, production,
distribution and exchange processes
of wealth including taxation. It is the
science of wealth getting and wealth

– The study of
sociology provides a way of
understanding human behavior. It
is the social science that deals
with the study of man in his social
interaction with other human
beings in groups. It is also to
obtain factual information about
our society and different aspects

– It is defined as an ordinance of
reason promulgated by a competent
authority for the common good. It
includes any edict, decree, rescript,
order, ordinance, statute, resolution, rule,
judicial, decision, usage, etc. which is
made or recognized and enforced by the
controlling authority.

– This science deals
mainly with the individual without
any particular reference to his
social life. It studies its soul and
faculties – free will and
understanding and the individual
conduct which is the outcome of
our mental activity and human
habits.

– while the
relation of political science to
philosophy is somewhat remote,
the two studies touch up on each
other in some parts, especially in
the realm of political theory and
political philosophy.

– the study
of geography to a certain extent is related to
that of political science. The distinctive
functions of geography is to describe and
explain the relations between man and his
natural environment; to examine and interpret
the adjustments which groups of people have
made to the combinations of natural
environment conditions which exist in the
regions where they live.

CONCEPT OF A STATE
A is a community of persons more or less
numerous, permanently occupying a definite
portion of the territory, independent from outside
or external control and possessing a government
wherein a great body of inhabitants render
habitual obedience. ( CIR vs. Rueda, 42 SCRA 23
).
The state has four essential element; namely:
 People
 Territory
 Government

ORIGIN OF THE STATE
it holds that the state of
divine creation and the ruler is obtained by
GOD to govern the people. Reference has
been made by advocates of this theory to
the laws which Moses received at Mt.
Sinai.
it maintains
that states must have been created
through force by some great warriors who
imposed their will up on the weak.

– it attributes
the origin of states to the
enlargement of the family, which
remained under the authority of the
father or the mother. By natural
stages, the family grew into a clan ,
then developed into a tribe which
broadened into a nation becomes a
state.

it
asserts that the early states
must have been formed by
deliberate and voluntary
compact among the people to
form a society and organize
government for their common
good. This theory justifies the
right of the people to revolt

FUNCTIONS OF THE STATE
Constituent –only buy way of society
and are, and are those which
constitute the bond of society and
are, therefore compulsory in nature.
Ministrant – those undertaken
herefore options of such as public
works, publication, public charity,
health and safety regulations and
regulation of trade and commerce.

STATE DISTINGUISHED FROM
NATION
A state is more of a judicial or legal
concept, while a nation is more of a
racial or ethnic concept. A nation
may or may not be independent of
external control A state may consist
of one or more nations while a nation
may consist of one or more states.

CONCEPT OF NATION
A is a group of persons
occupying a portion of the
territory sharing the same
language, culture, tradition and
history.

INHERENT POWERS OF THE STATE
– it is the power of the state to
regulate individual ‘s rights and property for the
general welfare.
– it is the power of the state to take possession
of private property for public purpose and after
payment of just compensation.
- the power of the state to
enforce proportionate contributions from the
people for support of all government programs
and services.

MODES OF ACQUIRING TERRITORY
a discovery of a particular
portion of the earth’s surface
coupled with occupation . A
discovery without occupation will not
make the discover the owner thereof.
the continued and
interrupted occupation of a territory
for a long period of time by one state.

– it is the process where the
land area of a state caused by the
operation of either the forces of nature,
or artificially through human labor, is
increased.
- is a bilateral agreement
whereby one state transfers to another
state a definite portion of its territory by
means of force.
- the acquisition of territory

FORMS OF GOVERNMENT
– comes from the Latin
terms ‘ It is a form
of government wherein the power or
sovereignty is exercised and or
resides in the people. It may be
classified as pure or representative
democracy.

– a form of
government wherein the
power is exercised by a
limited few or the so-called
elite. It is always regarded as
the privileged class.

– a form of
government wherein the power
or sovereignty is exercised by
one person only, usually a king
or a queen. It could either be
absolute or limited monarchy.

– a form of government
wherein the President serves as
nominal or titular head. It is the
Prime Minister that runs the affairs of
the State. He is directly accountable
to the people. Under this system the
ministry is legally responsible to
legislature and consequently to the
electorate.

wherein the President is the chief
executive of the state and
independent of the legislature with
respect to his tenure .acts and
policies.

– a form of government where
the power of the state is divided into
two namely: national for national
affairs and local for local affairs.
Each organ is independent in its own
sphere.
established and controlled by
military authorities over a

– a form of
government wherein the State
is obtained by means of force.

– a form of government that is
founded on existing legal or
constitutional basis
– a form of government that
is not founded on constitutional law
.It exist in fact but not in law.
– a form of government that is
run by elected civilian officials

STATE DISTINGUISHED FROM
GOVERNMENT
Many regard these two terms as identical. It
is the considered view that the acts of the
government ( within the prescribed limits of
the delegation of powers ) are the acts of the
state.
Legally, the government is the agent through
which the will of the state is carried out. The
state cannot exist without the government
but it is possible to have a government

CONCEPT OF CONSTITUTION
According to Judge Cooley, a
constitution is a body of rules and
maxims in accordance with which
the power of sovereignty is
habitually exercised.

PURPOSE OR FUNCTION OF
CONSTITUTION
To prescribe the permanent framework of
the system of government assigned to the
different departments their respective
powers and duties, and established
certain fixed first principles on which the
government is founded and
To promote public welfare, which involves
the safety, prosperity, health, and
happiness of the people.

KINDS OF CONSTITUTION
 – is one, the provisions of
which have been reduced to writing and
embodied in one or more instruments at a
particular time. Example: Philippine and U.S
Constitutions
 – is one which has not
been committed to writing at any specific
time but is the collective product and
accumulation of customary rules, judicial
decisions, dicta of statements and
legislative enactments of fundamental

REQUISITES OF A GOOD WRITTEN
CONSTITUTION
 – because it must outline an
organization of the government for
the whole State.
 – because its nature requires
that only its great outlines should be
marked. Its important objects
designated and the ingredients
which compose those objects be
reduced.

TWO STEPS AMENDING OR
REVISING A CONSTITUTION
 – may be made by
Congress
Constitutional Convention
People’s initiative
 – which means the submission
of the draft constitution to the electorate. A
proposal made by the people’s initiative
requires at least 12% of the entire electorate
and 3% must come from every legislative
district.

PREAMBLE
The term preamble comes from the
Latin word ‘preambulare’ which
means ‘to walk before’. Strictly
speaking, preamble is not an
integral part of the Constitution. Its
true office is to expound on the
scope and nature, the extent and
application of the powers actually

ARTICLE 1: NATIONAL TERRITORY
 The national territory comprises the
Philippine archipelago, with all the islands and
waters embraced therein, all other territories
over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial,
and aerial domains, including its territorial sea,
the seabed, the subsoil the insular shelves, and
other submarine areas. The waters around,
between, and connecting the island of the
archipelago, regardless of their breadth and
dimensions, from the internal waters of the
Philippines.

 The United Nations International
Convention in Geneva defined the
five kinds of water in relation to the
territorial jurisdiction of an
archipelago state:
 – the water around
connecting and those that are in
between the islands regardless of
their breadth and dimensions.

 Territorial Sea – is a belt of water
outside of the archipelagic baselines
and adjacent to the archipelagic
waters. The archipelagic state has a
right to establish the breadth of its
territorial sea, not exceeding 12
nautical miles measured from the
baselines. The archipelagic state has
sovereignty over the territorial sea, the
air space above it, and the bed and

The Philippine Territorial Jurisdiction
comprises:
 – jurisdiction over
bodies of land
 - jurisdiction over maritime
and interior waters
 – jurisdiction over
atmosphere

 – beyond the
territorial sea, may extend to not
more than 24 nautical miles from the
archipelagic baselines. The state
may exercise, in the contiguous
zone, the control necessary to
prevent and punish infringements of
its customs, fiscal, immigration or
sanitary laws and regulations within

 – which
beyond and adjacent to the territorial
sea, may not extend more than 200
nautical miles from the archipelagic
baselines. The archipelagic State has
sovereign rights in the EEZ to
explore, manage and exploit all the
natural resources living and non-
living in the waters, the sea bed and

 – is the seabed
and subsoil of the submarine
areas that extend beyond its
territorial sea throughout the
natural prolongation of its
territory to the outer
 – is the land holding the
sea beyond the seashore

 – is the soil below the
surface soil including mineral
and natural resources
 – are relatively
shallow beds of sea bottom
bordering the land mass, the
outer edges of which sink
considerably until the great

THE NEW LAW ON THE SEA
The Convention on the Law of the
Sea ( under the sponsorship of the
United Nations) signed in Jamaica on
December 10, 1982 fixes a 12 mile
territorial sea limit and establishes
an economic zone from the
baselines. It adopts and recognizes
the archipelagic principle but set
forth limitations thereon consisting
of respect for ……

….right of the ships of other states
to pass though the territorial sea
as well as archipelagic waters
and respect for rights of innocent
passage and passage through
archipelagic sea lanes subject to
the promulgation by local
authorities by pertinent rules and

ARTICLE II
DECLARATION OF PRINCIPLES AND
POLICIES
. The Philippines is a
democratic and republican
state. Sovereignty resides in
the people and all
government authority
emanates from them.

. The Philippines
renounces war as the instrument
of national policy, adopts the
generally accepted principles of
international law of the land and
adheres to the policy of peace,
equality, justice, freedom,
cooperation and amity wit all

 A republican government is a democratic
government by representatives chosen by
the people at large. The essence therefore,
of a republican state is indirect rule. The
people have established the government to
govern them. Its officers from the highest to
the lowest servants of the people and not
their masters. They can only exercise
powers delegated to them by the people
who remain as the ultimate source of
political power and authority.

Renunciation of war as an instrument of
national policy is the first aspect of the
declaration. Its accordance with the principle
in the United Nations Charter binding all
members to ‘refrain in the international
relations or use of force against territorial
integrity or political independence of any
state’. The declaration refers only to the
declaration of the Philippines of aggressive
war, not in defense of her national honor and
integrity.

Civil authority is, at all
times, supreme over the military.
The armed Forces of the
Philippines is the protector of the
people and the State. Its goal is to
secure the sovereignty of the State
and in the integrity of the national
territory.

The idea of the supremacy of the
civilian authority, the highest of such
authority being the president, over
the military has always been
recognized in our jurisdiction by
implication from express provision
of the 1935 Constitution and by
practice.

The separation of the State shall be
inviolable.
The principle of the separation of the Church and
the State being inviolable is implied from the
constitutional prohibitions that ‘no law shall be
made respecting an establishment of religion’
and that ‘ no public money or property shall be
appropriated, applied, paid or employed,
directly or indirectly, for use, benefit, or support
of any sect, church domination, sectarian
institution or system of religion.

ARTICLE III
BILL OF RIGHTS
-defined as a declaration and
enumeration of a persons rights and
privileges, which the Constitution
designed to protect against
violations by the government or by
an individual or group of individuals.

CLASSES OF RIGHTS
1. – possessed by every
citizen confused upon him by God as a
human being. Example: right to life, right
to love.
2. – rights conferred
and protected by the constitution, part of
the fundamental law cannot be modified
or taken away by the law making body.
3. – it is provided by laws
promulgated by the law making body. It
can be abolished by the same body

CLASSES OF CONSTITUTIONAL
RIGHTS
1. – right which the law
enforces to private individual for
the purposes of security to them
the enjoyment of their means of
happiness.
2. – right of the
citizen to participate directly or
indirectly in the establishment of
or administration of the
government.

3. – it is
intended to insure the well being
and economic security of the
individual.
4. – intended to
protect persons accused of any
crime. They are the (civil) rights
intended for the protection of a
person accused of any crime.
Example, right against self –
incrimination, right to have legal

Concept: Due process of law is law,
which hears before it condemns and
proceeds upon inquiry before rendering
judgment. Under the constitution a
person may be deprived by the state of
his life, liberty, or property provided due
process of law is observed.
1. Procedural due process of law
2. Substantive 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 of whatever
nature and for any purpose shall be
inviolable and no warrant shall issue
except upon probable cause to
determined personally by the judge after
examination under oath or affirmation of
the complaint and the witnesses he may
produced, and particularly describing
the place to be searched and the

is an order in writing, issued in the name of
the people of the Philippines, signed by a
judge, directed to the police officer,
commanding him to search for personal
property and to bring it before the court
is an order in writing, issued in the name of
the people of the Philippines signed by a
judge, directed to the police officer,
commanding him to arrest a person, that he
may be bound to answer for the offense

REQUISITES FOR VALID SEARCH
WARRANT OF ARREST
1. Probable Cause
2. To be determine personally by the
judge
3. After examination under oath or
affirmation of the complaint and his
witnesses
4. Particularly describing the place to
be search and the persons or things

RULES IN THE CONDUCT OF
ARREST
1. When in the presence of the
arresting officer, the person to be
arrested has committed, is actually
committing or is about to commit
an offense.
2. When an offense has in fact just
been committed and he has
personal knowledge of facts
indicating that the person to be
arrested has committed it; &

When the person to be arrested
is a prisoner who has escape
from a penal establishment or
place where he is serving final
judgment or temporarily confined
while his case is pending or has
escape while being transferred
form one confinement to another.

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

Section 3
1. Right to privacy of the
communication
2. Any evidence obtained in
violation of this or the
proceeding section shall be
inadmissible for any purpose in
any proceeding.

Right to privacy is concisely
defined as the right to be left
alone. It has also been defined,
as the right of a person to be free
from unwarranted interference by
the public in matters which the
public is not necessarily
concerned.

Private Property shall not be
taken for public use without just
compensation.
– is power of the
state to take private property for public
purpose upon payment of just
compensation to its owner.
–is the fair market
value of the property at the time of the
taking.

Rights of the Accused in
Criminal Cases
1. To adequate legal assistance
2. To be informed in his right to
remain silent
3. Right against the use of torture,
violence or any other means
which vitiates the free will
4. To bail and against the excessive
bail
5. To be heard himself and counsel

6. To be informed of the nature and
cause of the accusation against
him
7. To have speedy, impartial and
public trail
8. To meet the witness face to face
9. Right against self – incrimination
10. Right against double jeopardy

Section 21. No expost facto
law or bill of attainder shall
be enacted

An expost facto law is one which operating
retrospectively makes an act done before that
passage of the law and punish such act,
aggravates a crime or makes it greater that it
was committed, changes the punishment and
inflicts greater punishment and alters the
legal rules of evidence and receives less
testimony than the law required at the time of
commission of the offenses, in order to
convict the offender.
A bill of attainder is legislative act, which
inflicts punishment without a judicial trail.

ARTICLE IV
CITIZENSHIP
Section 1. The following are the
citizens of the Philippines:
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; and
4. Those who are naturalized in
accordance with the law

MEANING OF CITIZENSHIP
1. Citizenship is a term denoting
membership of a citizen in political
society, which membership implies,
reciprocally, a duty of allegiance on
the part of the member an duty of
protection on the part of the state.

GENERAL WAYS OF ACQUIRING
CITIZENSHIP
1. – by birth,
because blood of relationship or place
of birth;
2. – by naturalization,
except in case of collective
naturalization of the inhabitants of a
territory which takes place when it is
ceded by one to another as a result of
conquest or treaty.

CITIZENS BY BIRTH
There are two principles or rules
that govern citizenship by birth,
namely;
1. – relationship by
blood is the basis of the acquisition
of citizenship under this rule. The
children follow the citizenship of
both of the parents or one of them.
This is the predominating principle
in then Philippines.

 – place of
birth as the basis for acquiring
citizenship under this rule. A
person becomes a citizen of the
state where he or she is born
irrespective of the citizen of the
parents. This principle prevails in
the United States.

WAYS OF ACQUIRING CITIZENSHIP
THROUGH NATURALIZATION
1. By the judgment of the court – the
foreigner who wants to become a
Filipino citizen must first apply for
naturalization with the proper
Regional Trial Court. He must have
all the qualifications and none of
the qualifications provided by law,
and must comply with all the
procedure and conditions

By direct act of Congress – in
this case, our law making
body simply enacts an act
directly conferring citizenship
on a foreigner.

ARTICLE V
SUFFRAGE
Section 1. Suffrage may be exercised by all
citizens of the Philippines not otherwise
disqualified by law, who are 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 proposed to vote for
at least six months immediately proceeding
the election. No literacy, property, or other
substantive requirement shall imposed on
the exercise of suffrage.

MEANING OF SUFFRAGE
Suffrage is the right and
obligation to vote of qualified
citizens in the election of certain
of national and local officers of
the government and in the
decision of public questions
submitted to the people.

NATURE OF SUFFRAGE
1. A suffrage is not a natural
rights of the citizens but merely privilege
given or withheld by the law making power
subject to constitutional limitation.
2. A in the sense of the right
conferred by the constitution, suffrage is
classified as a political right, enabling every
citizen to participate in the process of
government to assure that it derives its
powers form the consent of the governed.
The principle is that of one man, one vote.
(supra)

SCOPE OF SUFFRAGE
1. it is a means by which the
people choose their officials for
definite and fixed periods and to
whom they entrust, for the time as
Election- their representatives, the
exercise of powers of government;
2. it is the name given to a
vote of the people expressing their
choice for or against a proposed
law or enactment submitted to
them.

3. it is the submission of a
law or part thereof passed by the
national or local legislative body to the
voting citizens of a country for their
ratification or rejection.
4. it is the process whereby the
people directly propose and enact laws.
5. it is the method by which a
public officer maybe removed form
office during his tenure or before the
expiration of his term by a vote of the
people after registration of a petition

QUALIFICATION OF VOTERS
He must be:
1. A citizen (male or female) of the
Philippines;
2. Not otherwise disqualified by the law;
3. At least eighteen (18) years of age;
and
4. Have resided in the Philippines for at
least six (6) months preceding the
election.

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 on
Elections may promulgate to protect
the secrecy of the ballot.

ARTICLE VI
LEGISLATIVE DEPARTMENT
 the authority under
the Constitution to make laws and to
later and repeat them.
 refers to statutes, which are the
written enactments of the legislative
governing the relations of the people
among themselves and between them
and the government and its agencies.

CLASSIFICATION OF POWERS OF
CONGRESS
1.
power to enact laws intended as
rules of conduct to govern the
relations among individuals and
the state.

2. powers which the
Constitution expressly directs or authorizes
Congress to exercise like the power to
choose who shall become the President in
case two or more candidates have an equal
and highest number of votes, to confirm
certain appointments by the President, to
promote social justice, to declare the
existence of a state of war, to impose taxes,
to impeach, to act as a constituent assembly.

3. those essential or
necessary to the effective exercise
of the powers expressly granted,
like the power to conduct inquiry
and investigation in aid of
legislation, to punish for contempt,
to determine the rules of its
proceedings.
4. powers which
are possessed and can be
exercised by every government

THE SENATE
it
is composed of 24 senators
who are elected at large by
qualified voters, as may be
provided by law.
six (6) years

QUALIFICATION OF A
SENATOR
 A natural born citizen of the
Philippines
 At least 35 years of age on the date
of the election day
 Able to read and write
 A registered voter
 A resident of the Philippines for not
less than two (2) years immediately
proceeding the election day

 a Senator is
disqualified to serve for more
than two consecutive terms but
can still run for reelection after a
break or interval.

 one who has
all the qualifications for a voter
and none of the disqualifications
provided by law and who has
registered himself in the list of
voters.

 the place where
one has his true permanent
home and to which,
whenever, absent, he has the
intention of returning.

THE HOUSE OF REPRESENTATIVES
composed of
not more than 250 members
popularly known as
Congressmen; elected from
legislative or congressional
districts and through party-list
system.
three (3) years

a representative
must be :
-A natural born citizen of the
Philippines
-At least 25 years of age on the
election day
-Able to read and write
-Except for party-list representative, a
registered voter
-A resident thereof for a period of not

COMPOSITIONS,
ELECTION/SELECTION AND
CLASSIFICATION OF MEMBERS
1. The Constitution limits to 250
the maximum numbers of
members the House of
Representatives may have.

2.The House of Representatives shall
be elected from legislative districts
and through party-list system of
registered national, regional and
sectoral parties or organizations. The
party-list representatives shall
constitute the 20% of the number of
representatives in the Lower House,.

3. The members of the House of
Representatives may be
classified into district, party-list,
and sectoral representatives.

1. Regular Election
2. Special Election
Php 160,000.00-Php 180,000.00
annually. Any increase of their
salary can effect only after the
expiration of full-term of the

STEPS IN PASSAGE OF THE BILL
1. First reading
2. Referral to appropriate
committee
3. Second reading
4. Debates
5. Printing and Distribution

6. Third reading
7. Referral to the other house
8. Submission to join bicameral
committee
9. Submission to the President

ARTICLE VII
EXECUTIVE DEPARTMENT
. The executive power shall
be vested in the President of the
Philippines.
define as the power
to administer.

. No person may be
elected as president unless he is
natural born of the Philippines.

QUALIFICATIONS OF THE
PRESIDENT AND VICE-
PRESIDENT:
1. Natural born citizen of the
Philippines
2. Registered voter
3. Able to read and write
4. At least 40 years of age
5. Resident of the Philippines for
at least 10 years

. There shall be vice-president who
shall have the same qualifications and term
of office and be elected with and in the
same manner as the president.
1. A president seeking a second term is
vulnerable to constant political pressure
from those whose support he must
preserve has to devote his time and energy
to consolidate this political support.
2. A president who seeks a second term is
under terrific handicap in the performance
of his function.

3. A president seeking re-election will
even use public funds for the purpose
even to the extent of making the
government bankrupt.
4. The prohibition also widens the base
leadership.
5. The ban will put an end or at least
hamper the establishment of political
dynasties.
6. The six year term will give the president
a reasonable time within which
implement his plans and programs of
government.

POWERS OF THE PRESIDENT
1. Appointing power
President must appoint the
following:
 Heads of the executive
department
 Ambassadors
 AFP officers
 Chairman and members of the
Independent Constitutional

2. Power to revoke any
appointments made by the
acting president
3. Power of control over all
executive department etc.

4. Military Power
5. Power to grant reprieve,
commutations and pardons
6. Power to contract and guarantee
foreign loan
7. Power to enter into treaties or the
international agreement
8. Budgetary power
9. Power to address the congress

ARTICLE VIII
JUDICIAL DEPARTMENT
 The judicial power
shall be vested in one Supreme
Court and in such lower courts as
may be established by law.


Judicial power is the power to
apply the law to contests and
disputes concerning legally
recognized rights or duties
between the state and private
person or between individual
litigants in case properly brought
before the judicial tribunal.

SCOPE OF JUDICIAL POWER
1.
a. to settle actual controversies
involving rights are legally
demandable and enforceable
b. to determine whether there has
been a grave abuse of discretion
amounting to lack or excess
jurisdiction on the part of any
branch or instrumentality of the

2.
a. to pass upon the validity or
constitutionality of the laws of
the State and acts upon the
other departments of the
government.
b. to interpret them
c. To render binding judgment

3. it likewise includes the
incidental powers necessary to the
effective discharge of the judicial functions
(1) The Supreme Court shall be
composed of a Chief Justice and 14
Associate Justices. It may sit en banc or in
its discretion, in divisions of three, five,
seven members. Any vacancy shall be
filled within 90 days from the occurrence
thereof.

QUALIFICATIONS FOR MEMBERS OF THE
SUPREME COURT AND ANY LOWER
COLLEGIATE COURT
1. He must be a natural-born
citizen of the Philippines, a
naturalized citizen may not be
appointed.
2. He must be at least forty
(40) years of age

3. He must have, for fifteen (15)
years or more, been a judge of a
lower court or engaged in the
practice of law in the Philippines
4. He must be a person of proven
competence, integrity, probity and
independence

ARTICLE IX
CONSTITUTIONAL COMMISSION
A. Common Provisions
Independent Constitutional Bodies
The Three Constitutional
Commission are:
1. Commission on Civil Service
2. Commission on Audit
3. Commission on Election

COMMON FEATURES
1. They are all multi-headed
bodies
2. They are categorized as
independent by
constitution.
3. Their powers and
functions are defined in the

4. The commissioners are required to be
natural-born citizens of the
Philippines./
5. Their term of office is staggered with
two years interval.
6. The commissioner appointed are
ineligible for reappointment for a
period beyond the maximum tenure of
seven years.

7. Appointment of any vacancy is
only for the unexpired portion of
the term of the predecessor.
8. The commissioners cannot be
appointed or designated in the
temporary or acting predecessor.
9. The commissioners are
removable only by impeachment.

THE CIVIL SERVICE COMMISSION

It is composed of a chairman and
two commissioners. It is envisioned to
enhance its independence on the
theory that it will be more resistant to
political pressure or influenced than a
body headed by a single individual.
Their terms of office are for seven
years only without reappointment.

QUALIFICATIONS OF MEMBERS
1. They must be natural-born citizens
of the Philippines.
2. They must be at least thirty-five
years of age at the time of
appointment.
3. They must be persons with proven
capacity for public administration.
4. They must not have been
candidates for any elective position
in the elections immediately
preceding their appointment.

 The term civil service means that
professionalized body of men and women
who have made of the government service of
a lifetime career. The scopes of this are
every branch, agency, subdivisions and
instrumentality of the government, including
every government-owned or controlled
corporation with original charter.

COMPOSITION OF COMMISSION
ON ELECTIONS
It is composed of a chairman and six
Commissioners. The 1973 Constitution
increase the membership from three to
nine on the theory that it would make it
more difficult for the Commission to become
the captive of any party or group or any
person who might be interested in the
Commission deciding or taking action one
way or another.

QUALIFICATION OF THE
MEMBERS
1. They must be a natural-born citizens of
the Philippines.
2. They must be at least thirty-five years of
age at the time of their appointment.
3. They must be at least holders of college
degree.
4. They must not have been candidates for
any elective position in the immediately
preceding elections.

THE COMMISSION ON AUDIT
It is composed of a chairman and two
Commissioners. It is designed to make it
more resistant to pressures from
legislative and executive branches and
other offices of the Government.

QUALIFICATIONS OF
MEMBERS
1. They must be natural-born citizens of the
Philippines.
2. They must be at least thirty-five years of
age at the time of election.
3. They must be certified public
accountants with not less than ten years
of experience.
4. They must not have been candidates for
any elective position in the elections
preceding their appointment.

ARTICLE X
LOCAL GOVERNMENT
Section 1. The territorial and political
subdivision of the Republic of the Philippines
in the provinces, cities, municipalities, and
barangays. There shall be autonomous
regions in Muslim Mindanao and the
Cordilleras as hereinafter provided.

LOCAL GOVERNMENT
Local government refers to a
political subdivisions of a nation or
state is constituted by law and have
substantial control of local affairs
with officials elected or otherwise
locally selected.

LOCAL GOVERNMENT UNITS
1. Province
2. City
3. Municipality
4. Barangay
5. Autonomous regions
these units are also called the political
subdivisions of the country.

POWERS OF LOCAL
GOVERNMENTS
1. To have continuous succession in its
corporate name;
2. To sue and be sued;
3. To have use a corporate seal
4. To acquire and convey real or personal
properties;
5. To enter into a contract; and
6. To exercise such other powers as granted
to corporations, subject to limitations
provided by laws.

ARTICLE XI
ACCOUNTABILITY OF PUBLIC
OFFICERS
Public office is a public trust
- is defined as the right,
authority, and duty created and conferred
by law in a given period either fixed by law
or enduring at the pleasure of the
appointing power.
– is the individual invested
with some portion of the sovereign
functions of the government for the benefit

NATURE OF THE PUBLIC
OFFICE
1. It is a public trust because it
renders service to the public.
2. It is not a property for the
holder of the office may not
claim vested right.

3. It is not a contract because one has no right
to sue the government for the recovery of
damages.
 The principle of the public
accountability is emphasized in this
section. All public officers and servants
must consider their positions as sacred
trusts and not as a means for the
achieving of power and wealth.

SECTION 2. NATURE OF
IMPEACHMENT
Impeachment has been defined
as a method of national
inquest into the conduct of
public men. It aims to protect
from official delinquencies or
malfeasance's.

OFFICIALS REMOVABLE BY
IMPEACHMENT
1. The president and the vice –
president
2. Members of the Supreme Court
3. Members of the Constitutional
commissions
4. The Ombudsman

GROUNDS OF IMPEACHMENT
1. Culpable violation of the
constitution
2. Treason
Ex: a Filipino imposes war in the
Philippine and Comforting the
enemies in the country
3. Bribery. Either direct or indirect
bribery

4. Graft and corruption
5. Other high crimes
6. Betrayal of public trust – new
ground for impeachment.

SECTION 3. INITIATING AND TRIAL
FOR IMPEACHMENT
House of Representatives
have the sole power to initiate
all cases of impeachment.
The senate has the sole
power to try all cases of
impeachment.

PROCEDURE IN IMPEACHMENT
CASES
1. Filing of verified compliant in the
House of Representative
2. Trial by the Senate
The members of are required to
be under oath or affirmation
3. Requirements for conviction

To convict an officer, at least 2/3 of all
members of Senate agreeing are necessary
☺ The only penalty to imposed in an officer
is limited “to removal from office and
disqualification to hold any office under the
Republic of the Philippines“. If a criminal
offenses has been committed, the party
convicted is still liable to prosecution, trial
and punishment.
☺ The power of the president to grant
reprieves, commutations and pardons does
not extend to cases of impeachment.

Section 4. Anti – Graft known as
The was a
special court created by the
under the
1973 Constitution.

SECTION 5. OFFICE OF THE
OMBUDSMAN TO BE KNOWN AS
TANODBAYAN.
Tanod bayan is a coined term in
Filipino which literally means
“guardians of the Nation“. It is
categorized like the three
Constitutional Commissions as
independent. It is known as the
Office of the Special Prosecutor.

SECTION 8. QUALIFICATIONS OF
OMBUDSMAN DEPUTIES
They must be:
1. The natural born citizens of the Philippines
2. At least 40 years old at the time of appointment
3. Persons with recognized probity and
independence
4. Members of the Philippine Bar
5. Not have been a candidate for any elective
office in the preceding election

SOCIAL JUSTICE AND HUMAN
RIGHTS
Labor
Section 3
The state shall afford full protection
to labor, local and overseas,
organized and unorganized and
promote full employment and
equality of employment opportunity
for all.

 It shall guarantee the rights of all workers to
self-organization, collective bargaining and
negotiations, and peaceful concerted
activities, including the right to strike in
accordance with law. They shall be entitled to
security of tenure, humane conditions of
work and a living wage. They shall also
participate in policy and decision-making
processes affecting their right and benefits as
may be provided by law.

Education
Section 3. (1) All educational institutions shall
include the study of the Constitution as part
of the curricula.
1. inculcate patriotism and nationalism
2. foster love of humanity
3. respect for human rights
4. appreciation of the role of national heroes in
the historical development of the country

5. teach the rights and duties of citizenship
6. strengthen ethical and spiritual values
7. develop moral character and personal
discipline
8. encourage critical and creative thinking
9. broaden scientific and technological
knowledge
10. promote vocational efficiency

ARTICLE XV-THE FAMILY
In article 52 of the Civil Code, “Marriage is not
a mere contract but an inviolable social
institution
1. Legal capacity of the contracting parties
2. Consent Freely Given
3. Authority of the solemnizing officer
4. Marriage License
5. Public Ceremony

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