This document provides an overview of key concepts in political science and the Philippine constitution. It defines politics and political science, discusses basic concepts like law, constitution, and statute. It also summarizes the key parts and classifications of the Philippine constitution, and outlines the establishment of the Philippine government from pre-1935 to the current 1987 constitution. Finally, it analyzes various articles of the constitution in detail, including principles of the state, bill of rights, and rights of the accused.

2. Pangasinan State University
SOCIAL SCIENCES
DEPARTMENT
Bayambang Campus
Bayambang, Pangasinan
Prepared by:
JOFFREY C. ESTRADA, MPA
Instructor

3. Defining politics and political
science
 At its most basic level, politics is the struggle of "who
gets what, when, how." This struggle may be as modest
as competing interest groups fighting over control of a
small municipal budget or as overwhelming as a
military stand-off between international superpowers.
 Political Science is the branch of Social Sciences
which deals with the study of the state and its
government

4. BASIC CONCEPTS
 LAW - the whole body of such customs,
practices or rules of conduct or action
prescribed or formally recognized as binding
 CONSTITUTION - the fundamental law of the
land according to which the government of a
state is organized and to which the relations of
individuals to the community are determined
 STATUTE – a law enacted by the legislative
branch of the government
 ORDINANCE – a law enacted by the local
government

5. THE PHILIPPINE CONSTITUTION
 PHILIPPINE CONSTITUTION – that written
instrument by which the fundamental powers of
the government are established, limited and
defined and by which these powers are
distributed among the several departments or
branches for their safe and useful exercise for
the benefit of the people.
 Parts of the Philippine Constitution –
(a) Constitution of Government,
(b) Constitution of Liberty, and
(c) Constitution of Sovereignty

6.  Written vs. Unwritten
 Rigid vs. Flexible
 Conventional, Cumulative and Granted
 Parts of the 1987 Constitution
 Constitution of Government-Art. VI, VII, VIII, IX, X
 Constitution of Liberty-Art. III
 Constitution of Sovereignty-Art. XVII
CLASSIFICATIONS OF CONSTITUTION

7. The Establishment of Philippine Government
A. Pre-1935 Constitution
1. June 12, 1898: Proclamation of Philippine independence
2. January 21, 1899: Establishment of First Philippine Republic
3. Treaty of Paris of December 10, 1898: Cession of the
Philippines by Spain to US
4. Schurman Commission, followed by Taft Commission
5. July 4, 1901: Spooner Amendment – established civil
government in the islands
6. Philippine Bill of 1902: Creation of the Philippine Assembly in
1907 to sit with the Philippine Commission in a bicameral
legislature
7. Jones Law of 1916: Established a Philippine Legislature
composed of the Senate and HOR
8. Tydings-McDuffie Act of 1934: Authorized the drafting of a
Constitution and the establishment of a Commonwealth
Government and, after ten years, independence

8. B. 1935 Constitution
1. Ratified on May 14, 1935
2. Phil. Commonwealth inaugurated on
Nov. 15, 1935
3. July 4, 1946: inauguration of the Third
Philippine Republic
4. June 1,1971: opening of 1971
Constitutional Convention
5. September 21, 1972: declaration of
martial law by Pres. F. E. Marcos

9. C. 1973 Constitution
1. January 17, 1973: ratification of the 1973
Constitution, amended in 1976, 1980 and
1984
2. Snap Presidential election of 1986
3.Feb. 22-25 1986: People’s revolution

10. D. 1987 Constitution
1.The proclamation of the Provisional (Freedom) Constitution
a. Proclamation No. 1 (Feb. 25), then EO No. 1 (Feb.
28)
b. Proc. No. 3 (March 25): The provisional
Constitution. 145 SCRA 160
2.Adoption of the Constitution
a. Proc. No. 9: creating the Constitutional
Commission of 50 members
b. Oct. 15, 1986: Approval of the draft Constitution by
Constitutional Commission
c. Feb. 2, 1987: Plebiscite
d. Proc. No. 58: Proclaiming ratification of the
Constitution
3. Effectivity of the 1987 Constitution: Feb. 2, 1987, which was
the date when the people ratified the Constitution (153 SCRA
602)

11.  The Philippine Constitution is composed of a Preamble and 18
Articles, these are:
Preamble
Article I – National Territory
Article II – Declaration of Principles and State Policies
Article III – Bill of Rights
Article IV – Citizenship
Article V – Suffrage
Article VI – Legislative Department
Article VII – Executive Department
Article VIII – Judicial Department
Article IX – Constitutional Commissions
Article X – Local Government
Article XI – Accountability of Public Officers
Article XII – National Economy and Patrimony
Article XIII – Social Justice and Human Rights
Article XIV – Education, Science and Technology, and Arts
Article XV – The Family
Article XVI – General Provisions
Article XVII – Amendments and Revisions
Article XVIII – Transitory Provisions

12. PREAMBLE
 Preamble – it serves as a prologue of
the Constitution. It is not an integral part
thereof.
 The authors of the constitution are the
“sovereign Filipino people” as stated in
the first part of the preamble.

13. ARTICLE I. NATIONAL TERRITORY
 Archipelago – A body of water studded with islands. The
Philippine archipelago is the body of water studded with islands
which is delineated in the Treaty of Paris (1898), as amended by
the Treaty of Washington (1990) and the Treaty of Great Britain
(1930).
 Archipelagic doctrine – a doctrine in international law which
fixes the territorial waters of the archipelagos. Integration of a
group of island to the sea and their oneness so that together
they can constitute one unit, one country and one state. Under
this doctrine, the islands of archipelago are treated as a single
integral geographical and political unit.
 Parts of the National Territory – (a) The Philippine archipelago,
(b) All other territories over which the Philippines has
sovereignty or jurisdiction

14. Two elements of Doctrine
1. The internal waters. These are the “water
around, between, and connecting the islands
of the archipelago, regardless of their breadth
and dimensions.”
2. The baseline method. This is the mechanism
through which the “single entity” can be
carved out of the archipelago and separate
the internal waters from the territorial seas of
the country.

16. ARTICLE II. DECLARATION OF PRINCIPLES AND STATE
POLICIES
 Principles (Sections 1-5)
1. Philippines as a democratic and a republican
state
2. Renunciation of war; Doctrine of Incorporation
3. Supremacy of civilian authority
4. General welfare
5. Separation of church and state

17. Meaning of State, Nation, Sovereignty, Government,
etc.
1. State. A community of persons, more or less
numerous, permanently occupying a definite
portion of a territory, independent of external
control, and possessing a government to which a
great body of inhabitants render habitual obedience
(42 SCRA 23)
2. Elements of a State.
1. People
2. Territory
3. Government
4. Sovereignty
1. Internal Sovereignty
2. External Sovereignty

18. 3. Theoretical Bases of State
a. Divine Right Theory – state is of divine origin and its ruler is
chosen by God.
b. Social Contract Theory – state is a product of a social
contract between the people and their ruler
c. Patriarchal Theory – family grew into a clan, a clan into a
tribe, a tribe into a nation, and a nation into a state
d. Instinctive/Natural Theory – it is man’s instinct or nature to
organize a state
e. Force Theory/Necessity Theory – application of the law of
nature where the strong overpowers/outlives the weak
f. Economic Theory – people created the state to provide for
their public needs
g. Evolution Theory – man’s evolution does not stop with
himself, it continues with the creation of a state

19. Classifications of
Government
 Monarchy, Aristocracy and Democracy
 Unitary vs. Federal
 Presidential vs. Parliamentary
 Civil vs. Military
 De Jure vs. De Facto
 Liberal vs. Authoritarian
 Hereditary, Elective and Appointive
 Other Forms: Theocracy, Dictatorial,
Totalitarian, Republic

20. Powers of the State
 Police Power – the regulatory power of the
state
 Power of Eminent Domain – expropriation
power of the state
 Just compensation
 Power of Taxation – taxing power of the
state

21. Manifestations of a Republic
• Rule of law
• Rule of majority
• Bill of rights
• Separation of powers
• Checks and balances
• Accountability of public officers
• Bar on irrepealable laws
• Popular election

22.  Renunciation of War
 War – has two types: (a) Aggressive war, and (b)
Defensive war.
 The Philippines only renounces AGGRESSIVE war as
an instrument of national policy. It does not renounce
defensive war.
 Doctrine of Incorporation
 Right of an alien to be released on bail while awaiting
deportation
 Right of a country to establish military commissions to
try war criminals
 The Vienna Convention on Road Signs and Signals
 Duty to protect the premises of embassies and
legations

23.  Supremacy of Civilian Authority
 Civilian authority is always supreme over the military,
even during period of martial law
 Connotes the supremacy of the law because
authority, under our constitutional system, can only
come from law. Under this clause, the soldier
renounces political ambition. Positively, this clause
singles out the military as the guardian of the people
and of the integrity of the national territory and
therefore ultimately of the majesty of the law.
 Armed Forces of the Philippines – consists of: (a)
Army, (b) Navy, (c) Air Force
 Separation of Church and State
 No religious sector for party-list

24. State Policies (Secs. 7-28)
 Foreign Policy – are basic rules underlying the conduct by a
state of its affairs with any other state. The paramount
considerations in order to have an independent foreign policy
are: (a) National sovereignty, (b) Territorial Integrity, (c)
National Interest, and (d) Right to Self-Determination
 Policy of Freedom from nuclear weapons – The policy
prohibits: (a) the possession, control and manufacture of
nuclear weapons, and (b) nuclear arms test. The policy does
NOT prohibit the peaceful uses of nuclear energy.
 PARENS PATRIAE DOCTRINE – It literally means “parent of
the people.” Based on the principle that the state must care for
those who cannot take care of themselves; the traditional role
of the state as a sovereign and guardian of person under legal
disability, such as juveniles or insane

25.  Social Justice – the equalization of economic, political
and social opportunities with special emphasis on the
duty of the State to tilt the balance of social forces by
favoring the disadvantaged in life.
 Sanctity of the Family – the state recognizes the
sanctity of the 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, etc.
 Equal Opportunities in Public Service
 Prohibition against political dynasty

26.  Protection for the Unborn
 a. It is not an assertion that the unborn is a legal person.
 b. It is not an assertion that the life of the unborn is placed
exactly on the level of the life of the mother. Hence, when it is
necessary to save the life of the mother, the life of the unborn
may be sacrificed.
 c. Allowing abortion up to the 6th month of pregnancy cannot be
adopted in the Philippines because the life of the unborn is
protected from the time of conception
 Right to a balanced and healthful ecology – This
provision recognizes an enforceable right. It was held
that minors had a valid cause of action in questioning
the continued grant of Timber License Agreements for
commercial logging purposes because the cause
focuses on a fundamental legal right: the right to a
balanced and healthful ecology

27.  The Magna Carta for Disabled Persons – It
mandates that qualified disabled persons be
granted the same terms and conditions of
employment as qualified abled-bodied employees;
thus, once they have attained the status of
regular workers, they should be accorded all the
benefits granted by law, notwithstanding written or
verbal contract to the contrary. This treatment is
rooted not merely in charity or accommodation,
but in justice for all.

28. ARTICLE III. Bill of Rights
 Bill of Rights – is 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 individual.
 It enumerates the rights of the people
 It limits the powers of the government

29. Rights that a citizen of a democratic
state enjoys are classified as
follows:
a) Natural rights. They are those rights which
are endowed by God to man in order to
live a meaningful life.
b) Constitutional rights. They are those rights
which are conferred and protected by the
Constitution.
c) Statutory rights. They are those rights
which are provided by laws promulgated
by the law-making body and consequently,
may be abolished by the same body.

30. The contents of the Bill of Rights
has two major categories. These
are:
1. Common Basic Rights – these are
rights enjoyed by everybody. (Secs. 1-
10)
2. Rights of the Accused – these rights are
given to all persons who are being
prosecuted for, or accused of an
offense. (Secs. 11-22)

31.  Common Basic Rights
 Due process of law
○ A law that hears before it condemns, which
proceeds upon inquiry and renders judgment only
after trial
○ Substantive due process – the law itself is fair,
reasonable and just
○ Procedural due process – mode of procedure the
government must follow in enforcement of the law
 Equal protection of the law
○ It requires legal equality; that all persons shall be
treated alike, under like circumstances and
conditions both as to privileges conferred and
liabilities enforced

32.  Rights against unreasonable search and seizure
○ Search warrant – an order in writing signed by the judge and
directed to a peace officer, commanding him to search for a
certain personal property and bring it before the court.
○ “Doctrine of the fruit of poisonous tree”
○ Warrant of arrest – written order signed by the judge and
directed to a peace officer, commanding him to arrest a
person and to take him into the custody of the law in order
that he may be bound to answer for the commission of an
offense
○ John Doe warrant – can satisfy the requirement of
particularity of description if it contains a descriptio personae
such as will enable the officer to identify the accused
○ General warrant – is one that does not allege any specific
acts or omissions constituting the offense charged in the
application for the issuance of the warrant

33. VALID WARRANTLESS SEARCH
○ Search made as an incident to lawful arrest
○ Search of moving vehicles
○ Seizure of goods concealed to avoid customs duties
authorized under Tariffs and Customs Code
○ Seizure of evidence in plain view
 Plain View Doctrine – the objects within the sight of an officer who
has the right to have that view are subject to seizure and may be
presented as evidence
○ Waiver of right
○ Armed conflict
○ Others: i.e., saturation drives, checkpoints, stop and frisk
VALID WARRANTLESS ARREST
○ Crime is committed in presence of arrest officer
○ Arresting officer has personal knowledge of the crime
○ Person to be arrested is an escaped prisoner

34.  Right to privacy of communication and correspondence
○ Anti-wire-tapping law
 Freedom of expression
○ Prohibition against prior restraint, eg. censorship, injunction
○ Prohibition against subsequent punishment
○ Prohibition does not apply during a war, or on obscene
publications
○ Clear and Present Danger Rule
○ Maximum Tolerance – the highest degree of restraint that the
military, police and other peacekeeping authorities shall
observe during a public assembly or in the dispersal of the
same
 Freedom of religion
 Liberty of abode and right to travel
 Right to form association

35. Bill of Rights
 Rights of the Accused
 Free access to courts
 Rights of person under custodial investigation
○ Right to remain silent
○ Right to have competent and independent counsel, preferably of
his own choice
○ Right to be provided with the services of a counsel if he cannot
afford one
○ Right to be informed of these rights
 Right to bail
○ Entitled to bail if actually detained, before conviction
○ Not entitled
 If charged with an offense punishable by reclusion perpetua or death
 If convicted by the trial court (discretionary pending appeal)
 If member of the AFP facing a court martial
○ Right to bail shall not be impaired even when the privilege of the
writ of habeas corpus is suspended
○ Excessive bail shall not be required

36.  Constitutional rights of the accused
 Privilege of the writ of habeas corpus
○ Writ of Habeas Corpus – an order from the court directing a
detaining officer to produce the body of a person detained
and to show the cause or reasons for his detention
○ Writ of Habeas Data - It 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.
○ 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.
○ Writ of Kalikasan - is a legal remedy under Philippine law
that provides protection of one's Constitutional right to a
healthy environment

37.  Right against self-incrimination
 Non-imprisonment for non-payment of debt
 Right against double jeopardy
○ Double Jeopardy – means that a person is charged
twice for the same offense. It also means being
charged under a law and an ordinance that punish
the same act
 Ex post facto law
○ Ex post facto law is a law that provides a retroactive
effect on its provisions
 Bill of attainder
○ Bill of attainder is a law that punishes without judicial
trial

38. ARTICLE IV. CITIZENSHIP
 CITIZENSHIP – membership in a political community
which is personal and more or less permanent in
character.
 Who are citizens of the Philippines?
1. Those who are citizens of the Philippines at the
time of the adoption of the 1987 Constitution
2. Those whose father or mothers are citizen of the
Philippines.
3. Those born before January 17, 1973 of Filipinos
mother, who elect Philippine citizenship upon
reaching the age of majority.
4. Those who are naturalized in accordance with law.

39.  Modes of acquiring citizenship:
1. BY BIRTH
a. JUS SOLI – acquisition of citizenship
on the basis of place birth
b. JUS SANGUINIS - acquisition of
citizenship on the basis of blood
relationship
2. NATURALIZATION – the legal act of
adopting an alien and clothing him with the
privilege of a native-born citizen.
3. MARRIAGE – also called “jure matrimonii”

40.  Natural-born citizen vs. naturalized
 Expatriation vs. Repatriation
 Dual citizenship vs. Dual allegiance

41.  Expatriation – is the voluntary renunciation
of allegiance to a state
 Repatriation – the act of taking an oath of
allegiance to regain the lost citizenship
 Dual Citizenship – it means that a person is
recognized as a citizen by two different
nations
 Dual Allegiance – it means that a person
owes loyalty to two states

42. ARTICLE V. SUFFRAGE
 Suffrage – is the right and obligation to vote of qualified Filipino
citizens in the national and local elections and in the decision of
public questions submitted to them. This right includes: election,
plebiscite, referendum, initiative and recall.
 Election – defined as the selection by popular vote of public
representative
 Plebiscite – refers to the popular vote of the people expressing their
view within their choice for or against a proposed law submitted to
them
 Initiative – law is proposed through the direct action of the people
 Referendum – it is the determination of legislation by direct vote of
the people
 Recall – the electorate decides thru popular vote the removal from
office of a local elective official

43.  Qualifications:
1. Citizen of the Philippines
2. Not disqualified by law
3. At least 18 years old
4. Resident of the Philippines for at least one
year
5. Resident of the place wherein he/she
proposes to vote for at least 6 months
immediately preceding the election
 NOTE: No literacy, property or other substantive
requirement can be imposed on the exercise of
suffrage.

44.  Disqualifications:
1. Any person sentenced by final judgment
to imprisonment of not less than 1 year,
which disability has not been removed by
plenary pardon
2. Any person adjudged by final judgment of
having violated his allegiance to the
Republic of the Philippines
3. Insane or feeble-minded persons

45. ARTICLE VI. LEGISLATIVE
DEPARTMENT
 Legislative Power – It is the authority to make laws and to alter
or repeal them
 Classification of Legislative Power:
1. Original – possessed by the people in their sovereign
capacity
2. Delegated – possessed by Congress and other legislative
bodies by virtue of the Constitution
3. Constituent – the power to amend or revise the Constitution
4. Ordinary – the power to pass ordinary laws
 Limitations on the Legislative Power of Congress
1. Substantive – limitations on the content of laws (ex: No law
shall be passed establishing a state religion)
2. Procedural – limitations on the manner of passing laws (ex: A
bill must go through three readings on three separate dates
before it becomes a law)

46. Congress
 Unicameral vs. Bicameral
 Composition of Congress of the
Philippine
 Term of Office
 Party-List System
 Powers
 Law-making process

47.  Senate
 Composition – Senate is composed of 24 senators who shall be
elected at large by the qualified voters of the Philippines as may
be provided by law
 Qualifications:
1. Natural-born citizen
2. At least 35 years old on the day of election
3. Able to read and write
4. A registered voter, and
5. Resident of the Philippines for at least 2 years immediately
preceding the day of the election
 Term of Office – Six years, commencing (unless otherwise
provided by law) at noon, June 30 next following their election.
 Term Limitations – No Senator shall serve for more than 2
consecutive terms

48.  House of Representatives
 Composition – House is composed of: (a) District
Representatives - not more than 250 members,
unless otherwise fixed by law; and (b) Party-list
Representatives
 Qualifications:
1. Natural-born citizen of the Philippines
2. At least 25 years old on the day of the election
3. Able to read and write
4. Registered voter in the district he seeks to
represent
5. A resident of such district for at least 1 year
immediately preceding the day of election.

49.  Term of Office:
1. Each member of the House shall be elected for a term of
three (3) years which shall commence (unless otherwise
provided for by law) at noon on 30 June next following their
election.
2. Voluntary renunciation of office for any length of time shall not
be considered as an interruption in the continuity to his
service for the full term for which he was elected.
 Term limitations – No member of House of representatives
shall serve for more than three (3) consecutive terms
 Gerrymandering – is the alteration of the voting districts in
such a way that the geographical units are unfairly arranged
for the benefit and self-interest or political aggrandizement of
a particular candidate

50.  Party-List Representatives
1. Constitute 20% of the total number of
representatives, including those under the
party-list system (thus a maximum of 50
party-list members of the house)
2. Qualifications
a. Natural born citizen of the Philippines
b. At least 25 years of age on the day of the
election
c. Able to read and write

51.  Congressional Immunities/Privileges
1. Immunity from arrest
2. Right to speech and debate
3. Franking privilege and Countryside Development Fund
 Constituent Power – power of the Congress to propose
amendments/revisions to the Constitution upon a vote of ¾ by
all its members voting separately and submission to the
people for approval
 POWER OF APPROPRIATION – known as the “power of the
purse” belongs to Congress, subject only to the veto power of
the President. It carries with it the power to specify the project
or activity to be funded under the appropriation law. The
power has limitations: it must specify public purpose and sum
authorized for release must be determinate or at least
determinable.

52.  Veto power of President:
1. Every bill, in order to become a law, must be presented to
and signed by the President.
2. If the President does not approve of the bill, he shall veto the
same and return it with his objections to the House shall
enter the objections in the Journal and Proceed to
reconsider it.
3. The President must communicate his decision to veto within
30 days from the date of receipt thereof. If he fails to do so,
the bill shall become a law as if he signed it.
4. This rule eliminates the pocket veto whereby the President
would simply refuse to act on the bill.
5. TO OVERRIDE the veto, at least 2/3 of ALL the members of
each House must agree to pass the bill. In such case, the
veto is overridden and becomes a law without need of
presidential approval.

53. ARTICLE VII. EXECUTIVE
DEPARTMENT
 EXECUTIVE POWER – is the power to administer the laws. These
laws include the Constitution, statutes, executive orders, and
decisions of the courts. The executive power is vested in the
President.
 QUALIFICATIONS
1. Natural-born citizen of the Philippines
2. Registered voter;
3. Able to read and write;
4. At least 40 years old on the day of election
5. Philippine resident for at least 10 years immediately preceding
such election.
 NOTE: The Vice-President has the same qualifications and term of
office as the President. He is elected with & in the same manner as
the President. He may be removed from office in the same manner
as the President

54.  Manner of Election –
 Elected by direct vote of the people
 Congress canvasses the votes and proclaim the winning candidates
 Supreme Court is the sole judge of election contests
 Term of Office
1. President
 6 years beginning at noon on 30 June immediately following the
election and ending at noon on the same day 6 years later.
 Term limitation: Single term only; not eligible for any reelection.
 Any person who has succeeded as President, and served as such
for more than 4 years shall NOT be qualified for election to the
same office at any time.
2. Vice-President
 6 years, starting and ending the same time as the President.
 Term Limitation: 2 successive term.
 Voluntary renunciation of the office for any length of time is NOT an
interruption in the continuity of service for the full term for which the
Vice-President was elected.

55.  OTHER POWERS OF THE PRESIDENT
1. Power of Appointment – the power to nominate and, with the
consent of Commission on Appointment, appoint the heads of
the executive departments, ambassadors, officers of the
armed forces from the rank of colonels/naval captain, other
officers of the Government whose appointment are not
otherwise provided for by law
2. Military powers – the President is the commander-in-chief of
the AFP. It also refers to the power to declare martial law
and/or to suspend the privilege of the writ of habeas corpus
3. Executive Clemency – the power to grant pardon, reprieve,
commutation and amnesty
4. Diplomatic powers – the Constitution makes the President the
principal officer in carrying our relations with other states, such
as entering into treaty or international agreement

56. ARTICLE VIII. JUDICIAL
DEPARTMENT
 Judicial power – It is the power to apply laws to contests
or disputes concerning legally recognized rights or
duties between states and private persons or between
individual litigants in cases properly brought before the
judicial tribunals
 Supreme Court vs. Lower Courts –
 The Supreme Court is the highest court of the land.
 The lower court refers to all other courts below the Supreme
Court, like the CA, Sandiganbayan, CTA, Shari’ah Court, RTC,
and MTC.
 Kinds of Lower Courts
 Regular Courts
 Special Courts

57.  Powers of the Supreme Court
1. Original Jurisdiction – SC has original jurisdiction
over cases affecting ambassadors, other public
ministers and consuls, and over petitions for
certiorari, prohibition, mandamus, quo warranto
and habeas corpus
2. Appellate Jurisdiction – power to review, revise,
reverse, modify or affirm on appeal final judgments
and orders of lower courts
3. Power to temporarily assign judges of lower courts
to other stations as public interest may require
4. Power to change the venue of trial to avoid
miscarriage of justice
5. Power to promulgate rules of court

58.  Composition of the Judicial and Bar Council:
(a) Chief Justice – as ex officio chairman,
(b) the secretary of Justice,
(c) a representative of Congress,
(d) a representative of the IBP,
(e) a professor of law,
(f) a retired member of the Supreme Court, and
(g) a representative of the private sector

59. Checks by the President Checks by the Congress Checks by the Judiciary
- may veto or disapprove bills
enacted by the Congress (Sec.
27:1)
- through pardoning power, he may
modify or set aside the judgments
of courts (Art. VII, Sec 19)
- Congress may override the veto of
the President (Sec. 27:1)
- Reject certain appointments of
the President (Art. VII, Sec. 16)
- Revoke the proclamation of
martial law or suspension of the
writ of habeas corpus by the
President (Art. VII, Section 18)
- Amend or revoke the decision of
the Court by the enactment of a
new law or by an amendment of
the old
- The power to impeach the
President and the members of the
Supreme Court.
- the Supreme Court as the final
arbiter may declare legislative
measures or executive acts
unconstitutional (Art. VIII, Sec 4:2)
- determine whether or not there
has been a grave abuse of
discretion amounting to lack or
excess of jurisdiction on the part
of the Congress or President (Art.
VIII, Sec. 2:2)
CHECKS AND BALANCES

60. PRESIDENT AND VICE-PRESIDENT CONGRESS SUPREME COURT
- natural-born citizen of the
Philippines
- a registered voter
- able to read and write
- at least forty (40) years of age
on the day of the election
- a resident of the Philippines for
at least ten (10) years
immediately preceding the
election.
SENATORS
- a natural born citizens of the Philippines
- at least 35 years of age on the day of the
election
- able to read and write
- a registered voter
- a resident of the Philippines for not less
than two (2) years immediately
preceding the day of the election
HOUSE OF REPRESENTATIVES
- a natural-born citizen of the Philippines
- at least 25 years of age on the day of the
election
- able to read and write
- except for a party-list representative, a
registered voter in the district in which
he shall be elected
- a resident thereof for a period of not
less than one year preceding the
election
ADDITIONAL QUALITICATION FOR PARTY-
LIST REPRESENTATIVES:
- a bona fide member of the party or
organization which he seeks to
represent for at least ninety (90) days
preceding the day of the election,
- he must be a natural-born citizen of
the Philippines
- he must be at least forty (40) years
of age
- 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
- he must be a person of proven
competence, integrity, probity and
independence.
QUALIFICATIONS

61. EXECUTIVE DEPARTMENT LEGISLATIVE DEPARTMENT JUDICIAL DEPARTMENT
President – Chief Executive
Vice President
Cabinet Officials
SENATE – 24
Currently the Philippine Senate is
composed of 23 Senators
HOUSE OF REPRESENTATIVES
– not more than 250 members
including the Party-list
Representatives
District Representatives – 80%
Party-list Representatives -20%
Currently there are 285 members
of the House of Representatives
229 – District representatives
56 – Sectoral Representatives
SUPREME COURT
-composed of fifteen members
1 Chief Justice
14 Associate Justice
COMPOSITION

62. THE LEGISLATIVE BRANCH
Congress (Article 6)
1. THE POWER TO ENACT LAWS
2. Police Power
3. Power of Eminent Domain
4. Power of Taxation
5. The power to choose who shall become President in case of tie
(Section 4, par.4)
6. The power to impose death penalty (Art. 3, Sec 19)
7. The power to act as a constituent assembly (Art. XVII, section 1)
8. The power to declare the existence of war (Section 23)
9. The power to confirm the appointments of government officials
(Section 19)
10. The power to ratify treaty (Art. 7, Section 21)
11. The power to conduct investigation in aid of legislation (Section 21)
12. Immunity from arrest for offenses punishable by not more than six
years imprisonment (Section 11)
13. The power to appropriate money (Section 24 & 25)
14. The power to impeach (Art. XI, Sec. 2)

63. THE EXECUTIVE BRANCH
President (Article 7)
1. THE POWER TO IMPLEMENT LAWS
2. Administrative Power and control over the agencies of
the governments(Section 17)
3. The power to appoint government officials (Section
16)
4. The power to commute sentence, grant pardon,
reprieve and amnesty (Section 19)
5. The power to declare martial law (Section 18)
6. The power to suspend the privilege of writ of habeas
corpus (Section 18)
7. The power to veto a law (Art. 6, Section 7)
8. The power of supervision and control over the local
government (Art. X, Section 4)
9. The power to conduct treaty and international
agreement with other states (Section 21)

64. THE JUDICIAL BRANCH
The Supreme Court (Article 8)
1. THE POWER TO INTERPRET LAWS
2. THE POWER OF JUDICIAL REVIEW.
a. The power to determine whether there has been a grave
abuse of discretion lack or excess of jurisdiction of any branch
or instrumentality of the government (Sec. 4, par. 2)
3. ADJUDICATORY POWERS (Section 1, par. 2)
a. The power to determine the validity and constitutionality of
the laws of the State
b. The power to settle actual controversies involving rights
which are legally demandable and enforceable
4. Assign temporarily judges of lower courts to other stations as
public interest may require
5. Order the change of venue or place of trial to avoid a
miscarriage of justice
6. Appoints all officials and employees of the Judiciary in
accordance with the Civil Service Law

65. ARTICLE IX. CONSTITUTIONAL
COMMISSIONS
 Independent Constitutional Commissions – these
commissions are directly created by the
Constitution because of the extraordinary
importance of their functions and the need to
insulate them from undesired political
interference or pressure.
 These are:
a. Civil Service Commission (CSC)
b. Commission on elections (COMELEC)
c. Commission on Audit (COA)

66.  Civil Service Commission – It is the central
personnel agency of government. It refers to the
professionalized body of men and women who have
made the government service a lifetime career. It
covers every branch of government, including GOCCs
with original charter
 Composition – It is composed of 1 Chairman and 2
Commissioners
 Qualifications:
1. At least 35 years of age
2. Natural-born Filipino citizen
3. With proven capacity for public administration
4. Must not be a candidate for elective position in the
immediately preceding election

67.  Commission on Election
 Composition – 1 Chairman and 6 Commissioners
 Qualifications:
1. Natural-born citizens
2. At least 35 years of age
3. Holders of a college degree
4. Must not be a candidate for elective position in
the immediately preceding election
5. Majority of them, including the Chairman, must
be members of the IBP and have engaged in
the practice of law in the Philippines for at least
10 years

68.  Commission on Audit
 Composition – 1 Chairman and 2 Commissioners
 Qualifications:
1. natural- born citizen of the Philippines
2.at least 35 years of age
3. CPA with not less than 10 years of auditing
experience or lawyer who have engaged in the
practice of law for at least 10 years
4. must not be candidate for elective position in the
immediately preceding election

69. ARTICLE X. LOCAL GOVERNMENT
 Local Government – a political subdivision of a nation
or state which is constituted by law and has substantial
control of local affairs, with officials elected or
otherwise locally selected
 Territorial/Political Subdivisions of the Republic of the
Philippines are the:
 Provinces,
 Cities,
 Municipalities,
 Barangays
 LOCAL AUTONOMY – the exercise of certain basic
powers, i.e. police power, power of eminent domain,
and taxing power by LGUs so as to best serve the
interest and promote the general well-being of their
inhabitants.

70. ARTICLE XVII. AMENDMENTS AND
REVISIONS
 Amendment – is a change of one or few
specific provisions of the Constitution.
 Revision – is a complete change or rewriting of
the Constitution

71.  Amendments may be proposed by:
1. Constituent Assembly – by the Congress by a ¾ vote
of all its members
2. Constitutional Convention – by the Congress by a 2/3
vote of all its members. A constitutional convention is a
body assembled for the purpose of framing a
Constitution or changing the existing constitution for the
approval of the electorate.
3. People’s Initiative – the people may directly propose
amendments (only) to the Constitution, where petition
must be signed by at least 12% of all registered voters,
of which every legislative district must be represented by
at least 3% of the registered voters.

72. TIPS
 There are two kinds of knowledge: the knowledge of
the facts and the knowledge of where to find the facts
 Do not resort to cramming
 Little sleep or getting drunk days before the exam is
bad for you
 Your first answer is oftentimes the correct answer
 Don’t leave an item unanswered
 If unsure, make an intelligent guess (process of
elimination, etymological inference)

73. GOOD LUCK
SA
L E T
Dahil kapag pumasa kayo…