Socsci 141

1. Politics and approaches in the
study of politics.
2. Images of politics.
3. Power and the sources of
power.
4. Isms of politics.
5. Good governance and
prescriptions of good
governance

6. Imperatives of good governance
7. Bulacan Experience
8. Naga
9. Marikina
10. E-governance

PPT - 15
Content - 15
Delivery - 25
Q & A - 20
75

State
- is a community of persons
more or less numerous, permanently
occupying a definite portion of
territory, having a government of their
own to which a great body of
inhabitants render obedience and
enjoying freedom from external
control.

Nation
- is a group of people bound
together by certain charcateristics
such as common social origin,
language, customs, and traditions,
and who believe that they are obe
and distinct from others

Elements of State
1. People
2. Territory
3. Government
4. Sovereignty

1. People
- mass of population living within
the state
 It should be neither too small nor
too large: small enough to be well-
governed and large enough to be
self-sufficing

2. Territory
- it includes the land over which
the jurisdiction of the state extends,
rivers and lakes therein, a certain
area of the sea which abuts upon its
coasts and their airspace above it.
- terrestrial, fluvial, maritime and
aerial

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

4. Sovereignty
- is the supreme power of the
state to command and enforce
obedience to its will from the people
within its jurisdiction and corollary, to
have freedom from foreign control.

Two Manifestation of Sovereignty
1. Internal
- the power of the state rule
within its territory

2. External
- freedom of the state to carry
out its activities without
subjection to or control by other
states

Theories on the Origin of States
1. Divine Right Theory
- the state is of divine creation
and the ruler is ordained by God
to govern the people.

2. Necessity or Force Theory
- state must have been created
through force, by some great warriors
who imposed their will upon the weak

3. Paternalistic Theory
- it attributes the origin of states
to the enlargement of the family
which remained under the authority
of the father or mother

4. Social Contract Theory
- 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

Reading Assignment
Rivas, D. C. & Nael, M. M. (2010).
Politics, Governance and the
Philippine Constitution. Manila
Philippines: Rex Book Store, Inc. pp.
15-23, 135-161.

Assignment 1 whole yellow paper
1. Identify and define the inherent
powers of the government (6 pts)

2. Define the following terms (15pts):
a. legislative power
b. quorum
c. legislative journal
d. budget
e. bill
f. initiative
g. referendum

Constitution
- it refers to the body of rules
and principles in accordance with
which the powers of sovereignty are
regularly exercised (De Leon, 2011).

Constitutional Law
- is the branch of public law
which treats constitutions, their
nature, formation, amendment, and
interpretation (De Leon, 2011).

SUPREMACY OF THE CONSTITUTION
The Constitution is the basic and
paramount law, to which all other laws
must conform,
And to which all persons, including the
highest officials of the land must defer.
No act shall be valid, however noble its
intention s, if it conflicts with the
constitution.

The Constitution must ever remain supreme; all
must bow to the mandates of this law.
Expediency must never be allowed to sap its
strength nor greed for power debase its rectitude.
Right or wrong, the constitution must be upheld
as long as it has not been changed by the
sovereign people, lest it disregard result in the
usurpation of the majesty of law by the
pretenders to illegitimate power.

The constitution must be quintessential rather
superficial, the root and not the blossom, the base
and framework only of the edifice that is yet to
rise. It is but the core of a dream that must take
shape, not in the twinkling mandates of the
delegates but slowly in the crucible Filipino minds
and hearts where in time develop its sinews,
gradually achieved its substance, gather its
strength and finally achieve its substance.

In fine, the constitution cannot like the Goddess
Athena, rise full grown from the brows of the
Constitutional Convention, nor can it conjure by the
mere fact and instant utopia. It must grow with the
society it seeks to restructure and march a pace
with the progress of the race drawing from the
vicissitude of history, the dynamism and vitality that
will keep it far from becoming a petrified rule, a
pulsing living law attuned to the heartbeat of the
nation.

The Philippine Constitution
1.Malolos Constitution
2.1935 Constitution
3.1973 Constitution
4.Freedom Constitution
5.1987 Consitution

Framing of the 1987 Constitution
- Article V, Proclamation 3 issued on
March 25 1986 called for the
promulgation of the Freedom
Constitution
- On April 23 1986 Proclamation 3
gives way for the creation of
Constitutional Commission

On June 2 1986, the drafting started
and the framing lasted for 133 days
and the 1987 Constitution was
approved on October 12, 1986
On February 2, 1987 through a
plebiscite, the 1987 Constitution was
approved by the people

The 1987 Constitution
• A preamble
• 18 articles
• 321 sections
• 2, 000 words

Kinds of Constitution
(De Leon, 2011)
As to their origin
a. Conventional or Enacted
- one which is enacted by constitutent
assembly or granted by a monarch to
his subjects.

Kinds of Constitution
As to their origin
b. Cumulative or Evolve
- one which is product of growth or a long
period of development originating in customs,
traditions, judicial decisions rather than from a
deliberate and formal enactment.

As to their form
a. Written
- one which has been given
definite writing form at a
particular time
- compiled in one document

As to their form
b. Unwritten
- one which is entirely the product
of the political evolution, consisting largely
of a mass of customs, usages and judicial
decisions usually bearing different dates

As to the manner of amending them
a. Rigid or inelastic
- one regarded as a document of special
sanctity which cannot be amended or
altered except by some special
machinery more cumbrous than the
ordinary legislative process.

As to the manner of amending them
b. Flexible or Elastic
- one which possesses no higher legal
authority than ordinary laws and which
maybe altered in the same way as other
laws.

Requisites of a good written
constitution
As to form
a. Brief
b. Broad
c. Definite

• The rewriting or
substantial changing
in the constitution
viewed in its entirety.
• Change of
constitution is
effected in some parts
or specific provisions
of the constitution
without considering
the entire constitution.
REVISION AND AMENDMENT
Amendment Revision

• A revision implies
substantive change.
• Its main purpose is to
improve specific
provisions of the
Constitution.
Amendment Revision

• It affects the
Constitution as a
whole.
• The changes brought
about by
amendments will not
affect the other
provisions of the
Constitution.
Amendment Revision

Three (3) steps necessary to give effect to
amendments and revisions:
1) Proposal of amendments or revisions by
the proper constituent assembly;
2) Submission of the proposed amendments
or revisions; and
3) Ratification.

Amendments maybe proposed by:
1. Congress, acting as a constituent
assembly, by a 3/4 vote of all its
members;
2. Constitutional Convention;
3. People’s Initiative.

How a Constitutional Convention may be
called?
a). Congress may call a ConCon by a 2/3
vote of all its members; or
b). By a majority vote of all its members,
Congress may submit to the electorate the
question of whether to call a ConCon or not.

C. People’s Initiative
1) Petition to propose such amendments
must be signed be at least 12% of ALL
registered voters.
2) Every legislative district represented by at
least 3% of the registered voters therein.

C. People’s Initiative
Limitation:
It cannot be exercised oftener than
once every 5 years.

Proposal of Revisions
1. By Congress, upon a vote of 3/4 of its
members
2. By a constitutional convention

Ratification
Amendments and revisions proposed by
Congress and/or by a Con Con:
 Valid when ratified by a MAJORITY of votes
cast in a plebiscite.
 Plebiscite is held not earlier than 60 days
nor later than 90 days from the approval of
such amendments or revisions.

Amendments proposed by the people via
initiative:
 Valid when ratified by a MAJORITY of
votes cast in a plebiscite.
 Plebiscite is held not earlier than 60 days
nor later than 90 days after the certification
by COMELEC of the petition's sufficiency.

Requisites of a valid ratification:
1. Held in a plebiscite conducted under the
election law;
2. Supervised by the COMELEC; and
3. Where only franchised voters (registered)
voters take part.

Inherent Powers of the Government
1. Police powers;
2. Power of eminent domain;
3. Power of taxation.

Similarities of the Inherent Powers of the
State
1. It may be exercised by the state without
the need to express the constitutional
grant.
2. They are not only necessary but also
indispensable.

Similarities of the Inherent Powers of the
State
3. They are methods by which the state
interferes with private rights.
4. They are all presuppose an equivalent
compensation for the private rights
interfered.
5. They are exercised primarily by the
legislature.

Police Power
- the power of the state to enact
and enforce laws and regulate property
and liberty in the promotion of the
general welfare of the people.

Characteristics of Police Power
1. It is considered the most pervasive, least
limitable, and the most demanding of the
three powers.
2. It is dynamic, not static and must move
with the moving society it is supposed to
regulate.

Characteristics of Police Power
3. It may sometimes use taxing power as an
implement for the attainment of a legitimate
police objective.

Power of Eminent Domain
- the power of the state to take
private property for public use upon just
compensation

Who may exercise?
1. The Congress
2. The President;
3. The local legislative bodies;
4. Certain public corporations;
5. Quasi-public corporations. (PNR,
MERALCO, PLDT)

Power of Taxation
- the power of the state to impose and
collect revenues for the operation of the
government.

Legislative Power
- the authority to make laws and to
alter or repeal them.

Upon whom the legislative power is vested?

Section 1. The legislative power
shall be vested in the Congress of
the Philippines which shall consist of
a Senate and a House of
Representatives, except to the
extent reserved to the people by the
provision on initiative and
referendum.

Scope of Legislative Power
1. Main Function : To legislate

1. Other Function
a. General
- the power o enact laws intended as
rules of conduct to govern the relations
among individuals or between individuals
and the state

b. Special Powers
- the powers which the Congress is
authorized to do

 Choose who shall become President in
case two or more candidates have an equal
or highest number of votes;
 Confirm certain appointments by the
President;
 promote social justice;
Declare the existence of a state of war;

Impose taxes;
Appropriate money;
 Impeach;
 Act as constituent assembly

c. Implied Powers
- these are essential or necessary to
the effective exercise of the powers
expressly granted
a. conduct inquiry in aid of legislation
b. punish members for contempt
c. determine the rule of its
proceedings

Classification of legislative power:
Original
- possessed by the people in
their sovereign capacity
Delegated
- possessed by Congress and
other legislative bodies by virtue of
the Constitution

Classification of legislative power:
Constituent
-the power to amend or revise
the Constitution
Ordinary
- the power to pass ordinary
laws

Limits on the legislative power of
Congress:
Substantive
- limitations on the content of
laws.
E.g. no law shall be passed
establishing a state religion.

Limits on the legislative power of
Congress:
Procedural
- limitations on the manner of
passing laws. E.g. generally a bill
must go through three readings on
three separate days.

Advantages of Bicameralism
1. There is a body that can check
the lower house.
2. There is more careful study of
legislation.

Advantages of Bicameralism
3. It makes the legislation less
susceptible to control by the
Congress
4. It provides for a training ground for
the national leaders

Section 2. The Senate shall be
composed of twenty-four Senators
who shall be elected at large by the
qualified voters of the Philippines, as
may be provided by law.

What are the qualifications of a
Senator?

Section 3. No person shall be a
Senator unless he is a natural-born
citizen of the Philippines and, on the
day of the election, is at least thirty-
five years of age, able to read and
write, a registered voter, and a
resident of the Philippines for not
less than two years immediately
preceding the day of the election.

What is the term of office of
Senator?
When shall it commence?

Section 4. The term of office of the
Senators shall be six years and shall
commence, unless otherwise provided
by law, at noon on the thirtieth day of
June next following their election. No
Senator shall serve for more than two
consecutive terms. Voluntary
renunciation of the office for any length
of time shall not be considered as an
interruption in the continuity of his
service for the full term of which he was
elected.

What is the composition of the
House of Representatives?

Section 5. (1) The House of
Representatives shall be composed
of not more than two hundred and
fifty members, unless otherwise fixed
by law, who shall be elected from
legislative districts apportioned
among the provinces, cities, and the
Metropolitan Manila area in
accordance with the number of their
respective inhabitants,

and on the basis of a uniform and
progressive ratio, and those who, as
provided by law, shall be elected
through a party-list system of
registered national, regional, and
sectoral parties or organizations.

What is the composition of party-list
in the House of Representatives?

(2) The party-list representatives
shall constitute twenty per centum of
the total number of representatives
including those under the party list.
For three consecutive terms after the
ratification of this Constitution, one-
half of the seats allocated to party-
list representatives shall be filled,

as provided by law, by selection or
election from the labor, peasant,
urban poor, indigenous cultural
communities, women, youth, and
such other sectors as may be
provided by law, except the religious
sector.

What are the requirements to have a
legislative district?

(3) Each legislative district shall
comprise, as far as practicable,
contiguous, compact, and adjacent
territory. Each city with a population
of at least two hundred fifty
thousand, or each province, shall
have at least one representative.

(4) Within three years following the
return of every census, the Congress
shall make a reapportionment of
legislative districts based on the
standards provided in this section.

What are the qualifications of a
District Representative?

Section 6. No person shall be a
Member of the House of
Representatives unless he is a
natural-born citizen of the Philippines
and, on the day of the election, is at
least twenty-five years of age,

able to read and write, and, except
the party-list representatives, a
registered voter in the district in
which he shall be elected, and a
resident thereof for a period of not
less than one year immediately
preceding the day of the election.

What is the term of office of the
Members of the House of
Representatives?

Section 7. The Members of the
House of Representatives shall be
elected for a term of three years
which shall begin, unless otherwise
provided by law, at noon on the
thirtieth day of June next following
their election.

No Member of the House of
Representatives shall serve for more
than three consecutive terms.
Voluntary renunciation of the office
for any length of time shall not be
considered as an interruption in the
continuity of his service for the full
term for which he was elected.

When shall be the regular election of
the members of the Congress?

Section 8. Unless otherwise
provided by law, the regular election
of the Senators and the Members of
the House of Representatives shall
be held on the second Monday of
May.

What is the manner of filling up
vacancy in the Congress?

Section 9. In case of vacancy in the
Senate or in the House of
Representatives, a special election
may be called to fill such vacancy in
the manner prescribed by law, but
the Senator or Member of the House
of Representatives thus elected shall
serve only for the unexpired term.

Section 10. The salaries of Senators
and Members of the House of
Representatives shall be determined
by law. No increase in said
compensation shall take effect until
after the expiration of the full term of
all the Members of the Senate and
the House of Representatives
approving such increase.

Salaries of the Members of the
Congress
240/annually for Senate President
and Speaker of the house of
Representatives
204/annually for Member of the
Lower House

Can a Member of the Congress be
arrested while the Congress is in
session?

Section 11. A Senator or Member of
the House of Representatives shall,
in all offenses punishable by not
more than six years imprisonment,
be privileged from arrest while the
Congress is in session. No Member
shall be questioned nor be held
liable in any other place for any
speech or debate in the Congress or
in any committee thereof.

What is the purpose of the privilege
from arrest?

What is parliamentary immunity?

Under section 12, what is required
from the members of the Congress?

Section 12. All Members of the
Senate and the House of
Representatives shall, upon
assumption of office, make a full
disclosure of their financial and
business interests. They shall notify
the House concerned of a potential
conflict of interest that may arise
from the filing of a proposed
legislation of which they are authors.

What are the prohibitions to the
members of the Congress under
section 13?

Section 13. No Senator or Member
of the House of Representatives
may hold any other office or
employment in the Government, or
any subdivision, agency, or
instrumentality thereof, including
government-owned or controlled
corporations or their subsidiaries,
during his term without forfeiting his
seat.

Neither shall he be appointed to any
office which may have been created
or the emoluments thereof increased
during the term for which he was
elected.

Section 14. No Senator or Member
of the House of Representatives
may personally appear as counsel
before any court of justice or before
the Electoral Tribunals, or quasi-
judicial and other administrative
bodies. Neither shall he, directly or
indirectly, be interested financially in
any contract with, or in any franchise
or special privilege granted by the
Government,

or any subdivision, agency, or
instrumentality thereof, including any
government-owned or controlled
corporation, or its subsidiary, during
his term of office. He shall not
intervene in any matter before any
office of the Government for his
pecuniary benefit or where he may
be called upon to act on account of
his office.

Section 15. The Congress shall convene
once every year on the fourth Monday of
July for its regular session, unless a
different date is fixed by law, and shall
continue to be in session for such
number of days as it may determine until
thirty days before the opening of its next
regular session, exclusive of Saturdays,
Sundays, and legal holidays. The
President may call a special session at
any time.

Section 16. (1). The Senate shall elect
its President and the House of
Representatives, its Speaker, by a
majority vote of all its respective
Members. Each House shall choose
such
other officers as it may deem necessary.

(2) A majority of each House shall
constitute a quorum to do business, but
a smaller number may adjourn from day
to day and may compel the attendance
of absent Members in such manner, and
under such penalties, as such House
may provide.

(3) Each House may determine the
rules of its proceedings, punish its
Members for disorderly behavior,
and, with the concurrence of two-
thirds of all its Members, suspend or
expel a Member. A penalty of
suspension, when imposed, shall not
exceed sixty days.

(4) Each House shall keep a Journal of
its proceedings, and from time to time
publish the same, excepting such parts
as may, in its judgment, affect national
security; and the yeas and nays on any
question shall, at the request of one-fifth
of the Members present, be entered in
the Journal. Each House shall also keep
a Record of its proceedings.

(5) Neither House during the
sessions of the Congress shall,
without the consent of the other,
adjourn for more than three days, nor
to any other place than that in which
the two Houses shall be sitting.

Section 17. The Senate and the
House of Representatives shall each
have an Electoral Tribunal which
shall be the sole judge of all contests
relating to the election, returns, and
qualifications of their respective
Members.

Each Electoral Tribunal shall be
composed of nine Members, three of
whom shall be Justices of the
Supreme Court to be designated by
the Chief Justice, and the remaining
six shall be Members of the Senate
or the House of Representatives, as
the case may be,

who shall be chosen on the basis of
proportional representation from the
political parties and the parties or
organizations registered under the
party-list system represented therein.
The senior Justice in the Electoral
Tribunal shall be its Chairman.

The Senate and the House shall each have
an Electoral Tribunal which shall be
composed of:
1. 3 Supreme Court Justices to be
designated by the Chief Justice; &
2. 6 Members of the Senate or House, as the
case may be.
 The senior Justice in the Electoral Tribunal
shall be its Chairman.

Jurisdiction:
Each ET shall be the sole judge of all
CONTESTS relating to the election, returns,
and qualifications of their respective
members. This includes determining the
validity or invalidity of a proclamation
declaring a particular candidate as the winner.

election contest
- is one where a defeated candidate
challenges the qualification and claims for
himself the seat of a proclaimed winner.
 In the absence of an election contest, the
ET is without jurisdiction.

Section 18. There shall be a
Commission on Appointments consisting
of the President of the Senate, as ex
officio Chairman, twelve Senators, and
twelve Members of the House of
Representatives, elected by each House
on the basis of proportional
representation from the political parties
and parties or organizations registered
under the party-list system represented
therein.

The chairman of the Commission
shall not vote, except in case of a tie.
The Commission shall act on all
appointments submitted to it within
thirty session days of the Congress
from their submission. The
Commission shall rule by a majority
vote of all the Members.

Composition:
1) Senate President as ex-officio chairman;
2) 12 Senators; and
3) 12 Members of the House.
 The 12 Senators and 12 Representatives
are elected on the basis of proportional
representation from the political parties and
party-list organizations.

Voting/Action
1. The chairman shall only vote in case of a
tie.
2. The CA shall act on all appointments
within 30 session days from their
submission to Congress.
3. The Commission shall rule by a majority
vote of all the Members.

CA shall confirm the appointments by the
President with respect to the following
positions:
1. Heads of the Executive Departments
(except if it is the Vice-President who is
appointed to the post).
2. Ambassadors, other public ministers or
consuls.

CA shall confirm the appointments by the
President with respect to the following
positions:
3. Officers of the AFP from the rank of Colonel
or Naval Captain: and
4. Other officers whose appointments are
vested in him by the Constitution (e.g.
COMELEC members).

Meetings of the CA
 CA meets only while Congress is in
session.
 Meetings are held either at the call of
the Chairman or a majority of all its
members.

Meetings of the CA
Since the CA is also an independent
constitutional body, its rules of procedure
are also outside the scope of
congressional powers as well as that of the
judiciary.

Section 19. The Electoral Tribunals
and the Commission on
Appointments shall be constituted
within thirty days after the Senate
and the House of Representatives
shall have been organized with the
election of the President and the
Speaker.

The Commission on Appointments
shall meet only while the Congress is
in session, at the call of its Chairman
or a majority of all its Members, to
discharge such powers and functions
as are herein conferred upon it.

Section 20. The records and books
of accounts of the Congress shall be
preserved and be open to the public
in accordance with law, and such
books shall be audited by the
Commission on Audit which shall
publish annually an itemized list of
amounts paid to and expenses
incurred for each Member.

Section 21. The Senate or the House
of Representatives or any of its
respective committees may conduct
inquiries in aid of legislation in
accordance with its duly published
rules of procedure. The rights of
persons appearing in, or affected by,
such inquiries shall be respected.

Section 22. The heads of
departments may, upon their own
initiative, with the consent of the
President, or upon the request of
either House, as the rules of each
House shall provide, appear before
and be heard by such House on any
matter pertaining to their
departments.

Written questions shall be submitted
to the President of the Senate or the
Speaker of the House of
Representatives at least three days
before their scheduled appearance.
Interpellations shall not be limited to
written questions, but may cover
matters related thereto.

When the security of the State or the
public interest so requires and the
President so states in writing, the
appearance shall be conducted in
executive session.

Section 23. (1) The Congress, by a
vote of two-thirds of both Houses in
joint session assembled, voting
separately, shall have the sole power
to declare the existence of a state
of war.

(2) In times of war or other national
emergency, the Congress may, by
law, authorize the President, for a
limited period and subject to such
restrictions as it may prescribe, to
exercise powers necessary and
proper to carry out a declared
national policy.

Unless sooner withdrawn by
resolution of the Congress, such
powers shall cease upon the next
adjournment thereof.

Vote requirement: (to declare the
existence of a state of war)
 2/3 of both Houses, in joint session
 Voting separately

Emergency powers:
 During times of war or other national
emergency, Congress may, BY LAW,
authorize the President to exercise
powers necessary and proper to carry out
a declared national policy.

Limitations:
 Powers will be exercised for a limited
period only; and
 Powers will be subject to restrictions
prescribed by Congress

Expiration of emergency powers
 By resolution of Congress or
Upon the next adjournment of
Congress

Section 24. All appropriation,
revenue or tariff bills, bills authorizing
increase of the public debt, bills of
local application, and private bills,
shall originate exclusively in the
House of Representatives, but the
Senate may propose or concur with
amendments.

Bills that must originate from the
House of Representatives (Section 24)
Appropriation bills
1. Revenue bills
2. Tariff bills
3. Bills authorizing the increase of public
debt
4. Bills of local application
5. Private bills

Section 25. (1) The Congress may
not increase the appropriations
recommended by the President for
the operation of the Government as
specified in the budget. The form,
content, and manner of preparation
of the budget shall be prescribed by
law.

(2) No provision or enactment shall
be embraced in the general
appropriations bill unless it relates
specifically to some particular
appropriation therein. Any such
provision or enactment shall be
limited in its operation to the
appropriation to which it relates.

(3) The procedure in approving
appropriations for the Congress shall
strictly follow the procedure for
approving appropriations for other
departments and agencies.

(4) A special appropriations bill shall
specify the purpose for which it is
intended, and shall be supported by
funds actually available as certified
by the National Treasurer, or to be
raised by a corresponding revenue
proposal therein.

(5) No law shall be passed
authorizing any transfer of
appropriations; however, the
President, the President of the
Senate, the Speaker of the House of
Representatives, the Chief Justice of
the Supreme Court, and the heads of
Constitutional Commissions may,
by law,

be authorized to augment any item in
the general appropriations law for
their respective offices from savings
in other items of their respective
appropriations.

(6) Discretionary funds appropriated
for particular officials shall be
disbursed only for public purposes to
be supported by appropriate
vouchers and subject to such
guidelines as may be prescribed by
law.

(7) If, by the end of any fiscal year,
the Congress shall have failed to
pass the general appropriations bill
for the ensuing fiscal year, the
general appropriations law for the
preceding fiscal year shall be
deemed re-enacted and shall remain
in force and effect until the general
appropriations bill is passed by the
Congress.

Section 26. (1) Every bill passed by
the Congress shall embrace only one
subject which shall be expressed in
the title thereof.

(2) No bill passed by either House
shall become a law unless it has
passed three readings on separate
days, and printed copies thereof in its
final form have been distributed to its
Members three days before its
passage, except when the President
certifies to the necessity of its
immediate enactment to meet a
public calamity or emergency.

Upon the last reading of a bill, no
amendment thereto shall be allowed,
and the vote thereon shall be taken
immediately thereafter, and the yeas
and nays entered in the Journal.

Section 27. (1) Every bill passed by
the Congress shall, before it
becomes a law, be presented to the
President. If he approves the same
he shall sign it; otherwise, he shall
veto it and return the same with his
objections to the House where it
originated, which shall enter the
objections at large in its Journal and
proceed to reconsider it.

If, after such reconsideration, two-
thirds of all the Members of such
House shall agree to pass the bill, it
shall be sent, together with the
objections, to the other House by
which it shall likewise be
reconsidered, and if approved by
two-thirds of all the Members of that
House, it shall become a law.

In all such cases, the votes of each
House shall be determined by yeas
or nays, and the names of the
Members voting for or against shall
be entered in its Journal. The
President shall communicate his veto
of any bill to the House where it
originated within thirty days after the
date of receipt thereof, otherwise, it
shall become a law as if he had
signed it.

(2) The President shall have the
power to veto any particular item or
items in an appropriation, revenue, or
tariff bill, but the veto shall not affect
the item or items to which he does
not object.

Bill
- is a draft of law submitted to the
consideration of a legislative body for its
adoption (Bouvier’s Law Dictionary as cited by
De Leon, 2011)

Statute
- is the written will of the legislature
as an organized body expressed according
to the form necessary to constitute it into a
law of the state, and rendered authentic by
certain prescribed forms and solemnities
(De Leon, 2011)

Requirements as to the subject of the bill
 Every bill shall embrace only one (1)
subject, as expressed in the title thereof

Hodge Podge or log-rolling legislation
- it refers to any measure containing
several subjects of unrelated matters
combined together for the purpose of
securing the support of members of the
legislature severally interested in the
different subjects of the bills (De Leon,
2011)

Rider
- It is a provision which does not fairly
embraced in its title or related to its subject
matter.(De Leon, 2011)

Formal Parts of a Law
1. Title
- it contains the subject matter of the act

Ex. R.A. 6713
An act AN ACT ESTABLISHING A CODE OF
CONDUCT AND ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND EMPLOYEES, TO
UPHOLD THE TIME-HONORED PRINCIPLE OF
PUBLIC OFFICE BEING A PUBLIC TRUST,
GRANTING INCENTIVES AND REWARDS FOR
EXEMPLARY SERVICE, ENUMERATING
PROHIBITED ACTS AND TRANSACTIONS AND
PROVIDING PENALTIES FOR VIOLATIONS
THEREOF AND FOR OTHER PURPOSES

2. Preamble
- it is the introduction or preface of a law

3. Enacting Clause
- it identifies the legislative body that enacts
the law.
Ex. “Be it enacted by the Senate and House of
Representatives of the Philippines in
Congress assembled.”

4. Body
- it is that portion containing the proposed
law or statute itself

5. Effectivity Clause
- it provides for the time when the law shall
take effect
Ex.
Section 17. Effectivity. — This Act shall take effect
after thirty (30) days following the completion of its
publication in the Official Gazette or in two (2)
national newspapers of general circulation.

Steps in the Passage of a Bill
1. Introduction or Sponsorship
- a bill is introduced by any Member of the
Congress

Readings
In order to become a law, each bill must pass
three (3) readings in both Houses.
General rule: Each reading shall be held on
separate days & printed copies thereof in its final
form shall be distributed to its Members three (3)
days before its passage.

Readings
Exception: If a bill is certified as urgent by the
President as to the necessity of its immediate
enactment to meet a public calamity or
emergency, the 3 readings can be held on the
same day.

2. First reading
– only the title is read; the bill is passed to
the proper committee

3. Referral to the appropriate Committee
– the committee will study and
consider the bill
- it may conduct hearings and
consultation meetings

4. Second reading
– Entire text is read and debates are
held, and amendments introduced.

5. Printing and Distribution
– copies of the bill in its final form are
printed and distributed among the members three
days before the third reading.

6. Third reading
– only the title is read, no amendments
are allowed. Vote shall be taken immediately
thereafter and the yeas and nays entered in
the journal.

7. Referral to the other House
– the bill is then referred to the other
House where substantially the same
procedure takes place

8. Submission to joint bicameral
committee
– differences in the versions of two
Houses are submitted to a conference
committee for compromise or to reconcile
conflicting provisions

9. Submission to the President
– the President either sign or veto the bill

Veto
– is a Latin term which means “I
forbid” or “deny”
- it is the power vested to the
President to disapprove acts passed by the
Congress

Veto power of President:
Every bill, in order to become a law, must be
presented to and signed by the President.
If the President does not approve of the bill, he
shall veto the same and return it with his
objections to the House from which it originated.
The House shall enter the objections in the
Journal and proceed to reconsider it.

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.
This rule eliminates the ‘pocket veto’ whereby the
President would simply refuse to act on the bill.

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 overriden and
becomes a law without need of presidential
approval.

Item veto
The President may veto particular items in an
appropriation, revenue or tariff bill.
This veto will not affect items to which he does
not object.

Veto of RIDER
A rider is a provision which does not relate to a
particular appropriation stated in the bill.
Since it is an invalid provision under Section
25(2), the President may veto it as an item.

When bill may become a law
1. When the President approves the bill by
signing it.
2. When the veto of the President is override by
2/3 votes of the Members of both Houses.
3. If the President does not communicate his
veto within 30 days from the date of receipt
thereof, in which case it shall become a law
as if he had signed it.

Section 28. (1) The rule of taxation
shall be uniform and equitable. The
Congress shall evolve a progressive
system of taxation.

Limitations:
1. The rule of taxation should be UNIFORM
2. It should be EQUITABLE
3. Congress should evolve a PROGRESSIVE
system of taxation.
4. The power to tax must be exercised for a
public purpose because the power exists for
the general welfare
5. The due process and equal protection
clauses of the Constitution should be
observed.

(2) The Congress may, by law,
authorize the President to fix within
specified limits, and subject to such
limitations and restrictions as it may
impose, tariff rates, import and export
quotas, tonnage and wharfage dues,
and other duties or imposts within the
framework of the national
development program of the
Government.

(3) Charitable institutions, churches
and personages or convents
appurtenant thereto, mosques, non-
profit cemeteries, and all lands,
buildings, and improvements,
actually, directly, and exclusively
used for religious, charitable, or
educational purposes shall be
exempt from taxation.

(4) No law granting any tax
exemption shall be passed without
the concurrence of a majority of all
the Members of the Congress.

Constitutional tax exemptions:
The following properties are exempt from
REAL PROPERTY taxes
1. Charitable institutions
2. Churches, and parsonages or convents
appurtenant thereto
3. Mosques
4. Non-profit cemeteries; and

5. All lands, buildings and improvements
actually, directly and exclusively used for
religious, charitable, or educational
purposes.

6. All revenues and assets of NON-STOCK
NON-PROFIT EDUCATIONAL institutions
are exempt from taxes and duties
PROVIDED that such revenues and assets
are actually, directly and exclusively used
for educational purposes. (Art. XIV Sec 4
(3))

7. Grants, endowments, donations or
contributions used actually, directly and
exclusively for educational purposes shall
be exempt from tax. This is subject to
conditions prescribed by law. (Art. XIV. Sec
4 (4))

Section 29. (1) No money shall be
paid out of the Treasury except in
pursuance of an appropriation made
by law.

(2) No public money or property shall
be appropriated, applied, paid, or
employed, directly or indirectly, for
the use, benefit, or support of any
sect, church, denomination, sectarian
institution, or system of religion, or of
any priest, preacher, minister, other
religious teacher, or dignitary as
such,

except when such priest, preacher,
minister, or dignitary is assigned to
the armed forces, or to any penal
institution, or government orphanage
or leprosarium. government.

(3) All money collected on any tax
levied for a special purpose shall be
treated as a special fund and paid
out for such purpose only. If the
purpose for which a special fund was
created has been fulfilled or
abandoned, the balance, if any, shall
be transferred to the general funds of
the Government.

Section 30. No law shall be passed
increasing the appellate jurisdiction
of the Supreme Court as provided in
this Constitution without its advice
and concurrence.

Section 31. No law granting a title of
royalty or nobility shall be enacted.

Specific limitations on legislation
1. No law shall be enacted increasing the
Supreme Court’s appellate jurisdiction
without the SC’s advice and concurrence.
2. No law shall be enacted granting titles of
royalty or nobility.

Section 32. The Congress shall, as
early as possible, provide for a
system of initiative and referendum,
and the exceptions therefrom,
whereby the people can directly
propose and enact laws or approve
or reject any act or law or part
thereof passed by the Congress

or local legislative body after the
registration of a petition therefor
signed by at least ten per centum of
the total number of registered voters,
of which every legislative district
must be represented by at least three
per centum of the registered voters
thereof.

1. Discuss the inherent powers of the state.
2. What are the similarities of the inherent
powers of the state?
3. Discuss the characteristics of police
power.
4. What are the purpose and importance of
taxation?

Preamble
- Is derived from the Latin word
preambulare which means “to walk
before”.
- It is an introduction to the main subject
or the prologue of the Constitution.

Can a constitution exist in
the absence of preamble?

Yes, the constitution can exist
even in the absence of
preamble. Generally, the
preamble gives only the
overview of its content and it
has no legal bearing.

The Preamble
We, the sovereign Filipino people, imploring the aid of
almighty God, in order to build a just and humane society and
establish the government that shall embody our ideals and
aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and posterity
the blessing of independence and democracy under the rule
of law and e regime of truth, justice, freedom, love, equality
and peace, do ordain and promulgate the constitution.

Based on the preamble, who
is the the source of the
authority of the constitution?

We, the sovereign Filipino people, imploring
the aid of almighty God, in order to build a just and
humane society and establish a government that
shall embody our ideals and aspirations, promote
the common good, conserve and develop our
patrimony, and secure to ourselves and posterity
the blessing of independence and democracy under
the rule of law and a regime of truth, justice,
freedom, love, equality and peace, do ordain and
promulgate the constitution.

What are the national
purposes and aims in
adopting the constitution?

We, the sovereign Filipino people, imploring
the aid of almighty God, in order to build a just and
humane society and establish the government that
shall embody our ideals and aspirations, promote
the common good, conserve and develop our
patrimony, and secure to ourselves and posterity
the blessing of independence and democracy under
the rule of law and e regime of truth, justice,
freedom, love, equality and peace, do ordain and
promulgate the constitution.

Assignment ½ crosswise, yellow paper
Define the following terms (25 pts):
1. Territorial sea
2. Seabed
3. Subsoil
4. Insular shelves
5. Inland water
6. High seas
7. Archipelago

Article I
National Territory
Section 1. The national territory comprises the Philippine
archipelago, wih all the islands and waters therein, and all
other territories over which the Philippines has sovereignty
and jurisdiction, consisting of its terrestrial, fluvial and aerial
domains, including its territorial sea, the seabed, the subsoil,
the insular shelves and other submarine areas. The waters
around, between and connecting the islands of the
archipelago, regardless of its breadth and dimensions, form
part of the internal waters of the Philippines.

June 11, 1978
Presidential Decree No. 1599 establishes an
Exclusive Economic Zone of the Philippine
extending to a distant of 200 nautical miles
beyond and from the baselines from which the
territorial sea is measured

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

Archipelago
• Is derived from the Greek word
pelagos meaning “sea.”
• A sea or part of a sea studded with
islands, often synonymous with island
groups, or as large group of islands in
an extensive body of water, such as
sea

1. The territorial sea
the part of the sea
extending 12 nautical miles from
the low water mark. It is also
called the “marginal sea,”
“marginal belt,” or the “marine
belt”.

2. The seabed (Sea floor or
sea bottom)
Refers to the land that
holds the sea, lying beyond
the seashore, including
mineral and natural
resources.

3. The subsoil
refers to everything beneath
the surface soil and the seabed,
including the mineral and natural
resources.

4. Insular shelves (continental shelves)
the submerged portions of a continent or
offshore island, which slope gently seaward from
the low waterline to a point where a substantial
break in grade occurs, at which point the bottom
slope seaward at a considerable increase in slope
until the great ocean depths are reached

5. Other submarine areas
• Seamount

Threefold division of navigable waters
1. Inland or internal waters
They are part of the sea within he land territory.
2. Territorial sea
the belt of water outside and parallel to the coastline or to
the outer limits of the inland or internal waters.
3. High or open sea
They are waters that lie seaward of the territorial sea.

Assignment
(1whole yellow paper)
1.Define republican government
.(6pts)
2.Identify and explain the
manifestations of a democratic and
republican state.(24pts)

Declaration of Principle and
State Policies

Section 1. The Philippines is a
democratic and republican
State. Sovereignty resides in
the people and all government
authority emenates from
them.

Republican government
- a democratic
government by representative
choosen by the people at
large.

Manifestations of democratic and republican state
1. The existence of the bill of rights (Article III)
2. The observance of the rule of the majority
3. The observance of the principle that ours is a
government of law and not of men
4. The principe of election.
5. The observance of the principle of check and
balance and separation of power.

6. The observance of the principle that the
legislature cannot pass irrevocable laws
(Art VI, Sec 23).
7. The observance of the law on public
officers (Art XI).
8. The observance of the principle that the
State cannot be sued without its consent
(Art XVI, Sec 3).

GUIDE QUESTIONS FOR
DISCUSSION
SECTION 2
1. What is the policy of the Philippine
government in relation with other states?
2. Discuss the implications of accepting the
generally accepted principles of
international law as part of the law of the
Philippines.

Sec 2. The Philippines renounces war as
an instrument of national policy, adopts the
generally accepted principles of
international law as part of the law of the
land and adheres to the policy of peace ,
equality, justice, freedom, cooperation and
amity with all nations.

International Law
- refers to the body of rules and
principles which govern the relation of
nations and their respective people in
their intercourse with one another.

SECTION 3
1. Why civilian authority is supreme over the
military? Discuss.
2. Enumerate and explain the functions of the
Armed Forces of the Philippines in relation to
the citizens.

Sec 3. Civilian 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 the
integrity of the national territory.

SECTION 4
1. What is the prime duty of the government
to the people? Explain.
2. When are the instances in which the
government may call upon the help of the
people? Explain.

Sec 4. The prime duty of the Government is to
serve and protect the people. The
Government may call upon the people to
defend the State and in the fulfillment
thereof, all citizens maybe required, under
conditions provided by law, to render personal
military or civil service.

SECTION 5
1. Identify and discuss the situations and programs
considered essential for the enjoyment of the
independence and democracy by the people.

Sec 5. The maintenance of peace and
order, the protection of life, liberty, and
property and the promotion of the
general welfare are essential for the
enjoyment by all the people of the
blessings of democracy.

SECTION 6
1. Identify and explain the limitations of the
participation of church in the government
affairs.
2. Identify and explain the limitations of the
government in relation to the affairs of the
church.

Sec 6. The separation of Church and
State shall be inviolable.

1.What is the foreign policy of the
Philippines? Explain
2.Identify and discuss the
paramount consideration in
relation with other states.

State Policies
Sec 7. The State shall pursue an
independent foreign policy. In its relation
with other states the paramount
consideration shall be national sovereignty,
territorial integrity, national interest and the
right to self-determination.

1.What is the policy of the
Philippines for nuclear weapons?
Explain

Sec 8. The Philippines consistent
with the national interest, adopts
and pursues a policy of freedom
from nuclear weapons in its
territory.

1.Describe the social order
envision by the Philippine
government and its expected
benefits to the people.

Sec 9. The State shall promote a just and and
dynamic social order that will ensure the
prosperity and independence of the nation
and free the people from poverty through
policies that provide adequate social services,
promote full employment, a rising standard of
living, and an improved quality of life for all.

1. Describe and discuss the
ways to promote social justice
in our country.

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

Section 10
1. In what way the government,
values and respect human
person and his rights?
Discuss.

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

Section 12
1. What is the policy of the state for the
family? Discuss

Sec 12. The State recognizes the
sanctity of family life and shall protect
and strengthen the family as a basic
autonomous social institution. It shall
equally protect the life of the mother and
the life of the unborn from conception.
The natural and primary right and duty
of parents in the rearing of the youth for
civic efficiency and the development of
moral character shall receive the
support of the government.

Section 13
1. What is the policy of the
government for the youth?
Discuss.

Sec 13. The State recognizes the vital
role of the youth in nation-building and
shall promote and protect their physical,
moral, spiritual, intellectual, and social
well-being. It shall inculcate in the youth
patriotism and nationalism and
encourage their involvement in public
and civic affairs.

Section 14
1. What is the policy of the State
for women? Discuss.

role of women in nation-building, and
shall ensure the fundamental
equality before the law of women
and men.

Section 15
1. What is the policy of the state
for the health of the people?
Discuss

Sec 15. The State shall protect and
promote the right to health of the
people and instill health
consciousness among them.

Section 16
government for the people in
relation to the environment?
Discuss.

Sec 16. The State shall protect and
advance the right of the people to a
balanced and healthful ecology in
accord with rhythm and harmony of
nature.

Section 17
1. What are the priorities of the
government? Discuss its
purposes.

Sec 17. The State shall give priority
to education, science, arts, culture
and sports to foster patriotism and
nationalism, accelerate social
progress, and promote total human
liberation and development.

Section 18
1. Describe the role of labor in
the Philippine economy.
government for the
workers.Explain

Sec 18. The State affirms labor as a
primary social economic force. It
shall protect the rights of the workers
and promote their welfare.

Section 19
1. What kind of economy the
state shall develop? Explain

Sec 19. The State shall develop a self-
reliant and independent national
economy effectively controlled by the
Filipinos.

Section 20
state for private sectors?

indespensable role of private sector,
encourage private enterprise, and
provides incentives to needed
investments.

Section 21
state for agrarian reform?
Discuss

Sec 21. The State shall promote
comprehensive rural development
and agrarian reform.

Section 22
government for indigenous
cultural communities. Explain

Sec 22. The State recognizes and
promotes the right of indigenous
cultural communities within the
framework of national unity and
development.

Section 23
1. What is the policy of the government for
private sector? Discuss.

Sec 23. The State shall encourage
non-government, community based,
or sectoral organizations that promote
the welfare of the nation.

Section 24
1. What is the policy of the state for
communication and information.

vital role of communication and
information in nation-building.

Section 25
government for local
government?

Sec 25. The State shall ensure the
autonomy of local governments.

Section 26
1. What is the policy of the state
for public employment?
Discuss.

Sec 26. The State shall guarantee
equal access to opportunities for
public service, and prohibit
political dynasties as maybe
defined by law.

Section 27
1. What are the primary values of
government in public servcie?
Discuss

Sec 27. The State shall maintain
honesty and integrity in the public
service and take positive and
effective measures against graft and
corruption.

Sec 28. Subject to reasonable
conditions prescribed by law, the
State adopts and implements a
policy of full public disclosure of all
its transactions involving public
interest.

Graft
derived from the old French word “grafier” which
means to join or unite closely, as the act of taking
advantage of one’s position to gain money,
property, etc. dishonestly. (Webster’s New World
Dictionary, College).
Corruption
- the misuse or abuse of public office for
private gain (World Bank, 1997; Jayawickrama,
1998;UNDP, 1999).

“Corruption is the behaviour on the part of
officials in the public sector, whether
politicians or civil servants, in which they
improperly and unlawfully enrich themselves,
or those close to them, by the misuse of the
power entrusted to them”.
Transparency International, 2000

KINDS OF CORRUPTION
(PHILIPPINE CENTER ON TRANSNATIONAL
CRIMES)
1. Tax evasion;
2. Ghost projects and payrolls;
3. Evasion of public bidding in public
contracts;

4. Sub-contracting;
5. Nepotism and favoritism;
6. Extortion or giving of protection money (tong,
in Pilipino); and
7. Bribery (lagay, in Pilipino).

PERCEIVED CAUSES OF CORRUPTION
1. The quest for individual survival, brought about
by poverty, lack of basic needs, low salaries, etc.;
2. Wide disparity between the rich and the poor;

3. The Filipino cultural values of personalism,
familism, pakikisama (getting along), utang-
na-loob (debt of gratitude) and damayan
(sympathy) for another’s misery or problem;
4. Greed or the insatiable desire to amass
more wealth, assets or property;

5. Comfort. As corruption provides easy money,
the corrupted enjoy the easy life;
6. Convenience and expediency. These causes are
particularly applicable to the corruptor who usually
desires to facilitate the approval, grant and/or
release of request or proposal and avoid the rigors
of red tape in the bureaucracy.

Section 28
1. What is the policy of
government for public
documents and information?
Discuss

Assignment, 1 whole yellow paper
1. Define bill of rights. (3 pts)
2. Identify and explain the following:
a. Classes of rights (15 pts)
b. Classification of cnstitutional rights (15 pts)

Role Play (Bill of Rights)
• Each group will showcase the different rights
assigned through a role play.
• Time (10-15 min.)
1. Political Rights
2. Civil, Social and Economic Rights
3. Rights of the Accused

Role Play (Bill of Rights)
Criteria:
Content - 20%
Performance (Portrayal/Acting/Style) - 25%
Stage Presence - 25%
Costume/Props - 15%
Story - 15%
100%

Bill of rights
- a declaration and
enumeration of a person’s
rights and priviliges which the
Constitution is designed to
protect against the violations by
the government , or by an
individual or group of
individuals.

Classes of rights
1. Natural rights
- those rights possessed by
every citizen without being
granted by the State for they are
given to man by God.
Ex. Right to life, liberty, property,
and love.

Classes of rights
2. Constitutional rights
- they are those rights which
are conferred and protected by
the constitution. They are
fundamental and cannot be
taken away by law-making body.

Classes of rights
3. Statutory rights
- They are those which are
provided by the law-making
body and, consequently, may be
abolishd by the same body.

Classification of Constitutional rights
1.Political right
- the rights of the citizens which
give them the power to participate,
directly or indirectly, in the
establishment or administration of the
government.
Ex. Right to suffrage, citizenship, to
information on matters of public
concern.

2. Civil rights
- They are those which the
law will enforce at the instance
of private individuals for the
purpose of securing to them the
enjoyment of their means of
happiness.

Examples.
1. Right against involuntary
servitude,
2. Imprisonment for non-payment of
debt or a poll tax,
3. Constitutional right of the
accused, social and economic
rights,
4. Religious freedom, liberty of abod
e and of changing the same.

3. Social and economic right
- those rights which are
intended to insure the well-being
and security of the individual.
Ex. right to property, just
compensation for private poperty
taken for public use, education,
health.

4. Rights of the accused
- They are the civil rights
intended for the protection of a
person accused of any crime.

Bill of Rights
Sec 1. No person shall be deprived of
life, liberty or property without due
process of law, nor shall any person be
denied the equal protection of the laws.

Two-fold aspect of due process of
law
1.Procedural due process
- refers to the method or
manner by which the law is
enforced
- which means it hears before
it condemns, which proceeds
upon inquiry, and renders
judgement only after trial.

Two-fold aspect of due process
of law
2. Substantive due process
- refers to the requirement
that the law itself that would be
enforced, is fair, reasonable
and just.

Equal protection of the laws
- all persons subject to
legislation should be treated
alike, under like
circumstances and
conditions both in the
priviliges conferred and
liabilities imposed

Sec 2. The right of the people to be secured in
persons, houses and papers, and effects against
unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue
except upon probable cause to be determine
personally by the judge after examination under
oath or affirmation of the complainant and the
witnesses he may produce, and particularly
describing the place to be searched and the
person or things to be seized.

Search warrant
- refers to an order in writing,
issued in the name of the people of
the Philippines, signed by a judge
and directed to a peace officer,
commanding him to search for
certain personal property and bring
it before the court

Arrest warrant
- refers to an order in writing,
issued in the name of the people of
the Philippines, signed by a judge
and directed to a peace officer,
commanding him to arrest a person
designated , that is to take him into
custody in order that he may be
bound to answer for the commission
of an offense.

What are the requisites for
valid search warrant or
warrant of arrest?

Requisites for valid search
warrant or warrant of arrest
1.It must be issued upon
probable cause;

Probable cause
- is meant such facts and
circumstances antecedent to
the issuance of warrant
sufficient in themselves to
induce a cautious man to rely
upon on them and act in
pursuance thereof.

2. The probable cause must be
determined personally by the
judge himself;

3. Such determination of the
existence of probabale cause
must be made after examination
by the judge of the complainant
and the witnesses he may
produce; and

4. The warrant must particularly
describe the place to be
searched, and the perons or
things to be seized.

When arrest may be made
without warrant?

When arrest may be made
without warrant
1.When, in his presence, the
person to be arrested has
committed, is actually
committing, or is attempting
to commit an offense;

2. When an offense has in
fact just been committed
and has personal knowedge
of facts indicating that the
peron to be arrested has
committed it; and

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

Sec 3. (1) 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 prescribe by the
law.

(2) Any evidence obtained in
violation of this or the
preceding section shall be
inadmissible for any purpose in
any proceeding.

Right of Privacy
- refers to the right to be left
alone.
- refers to the right of a person
to be free from undesired publicity,
or disclosure and as he right to live
without unwarranted interference
by public in matters with which the
public is not necessarily
concerned.

Basis and purpose of right of
privacy
1.Right existing in the state
of nature;
2.Right designed to secure
the enjoyment of one’s
private life

Limitations of the right of privacy
1. Permissible interference
- the right is not violated when the
interference is made:
a. upon lawful order of the court
b. when public safety or order
requires as prescribed by
law

2. Upon intervention of the
court

Sec 4. No law shall be
passed abridging the
freedom of speech, of
expression, or of the press,
or the right of the people
peaceably to assemble and
petition the government for
redress of grievances.

Freedom of expression
- refers to the right to freely utter
and publish whatever one pleases
without previous restraint, and to be
protected against any responsibility
for doing so as long as it does not
violate the law,or injure someone’s
character, reputation or business.
- it includes the right to circulate
what is published.

Scope of freedom of expression
1.Freedom of speech
2.Freedom of the press
3.The rights of assembly and petition
4.The right to form association or
societies not contrary to law
5.The right to religious freedom

Right of Assembly
- refers to the right on the
part of the citizens to meet
peaceably for consultation in
respect to public affairs.

Right of Petition
- refers to the right of any
person or group of persons to
apply, without fear of penalty, to
the appropriate branch of the
government for redress of
grievances.

Importance of the freedom of
expression
1.It promotes the growth of the
individual and of the nation;
2.It makes possible the scrutiny
of acts and conduct of public
officials; and
3.It ensure the responsive and
popular government

Limitations of the freedom of
expression
1.Subject to the limitation of
the government;
2.Subject one to liability when
abused

Sec 5. No law shall be made respecting an
establishment of religion, or prohibiting the
free exercise thereof. The free exercise and
enjoyment of religious profession and
worship without discrimination or preference,
shall forever be allowed. No religious test
shall be required for the exercise of civil or
political rights.

Religious freedom
- it refers to the right of a
man to worship God, and to
entertain such religious views
as appeal to his individual
conscience, without dictation
or interference by any person
or power, civil or
ecclessiastical.

Aspects of religious freedom
1.The separation of Church
and State;
2.The freedom of religious
profession and worship

Two aspects of freedom of
religious profession and
worship
1.Freedom to believe in a
religion;
2.Freedom to act in
accordance with such belief

Religious test
- it refers to the process of
avowal or repudiation of
certain religious beliefs before
the performance of any act.

Sec 6. The liberty of abode and of changing
the same within the limits prescribed by law
shall not be impaired except upon lawful
order of the court. Neither shall the right to
travel be impaired except in the interest of
national security, public safety, or public
health, as may be provided by law.

Liberty of abode
- refers to the right of a
person to have his own home in
whatever place chosen by him
and thereafter to change it at
will, and to go where he pleases,
without interference from any
source.

Sec 7. The right of the people to information
on matters of public concern shall be
recognized. Access to official records, and to
documents, and papers pertaining to official
acts, transactions, or decisions, as well as to
government research data used as basis for
policy development, shall be afforded the
citizen, subject to such limitations as may be
provided by law.

Sec 8. The right of the people,
including those employed in the public
and private sectors, to form unions,
associations, or societies for purposes
not contrary to law shall not be
abridged.

Right to form associations
- is the freedom to
organize or to be a member of
any group or association,
union, or society, and to adopt
the rules which the members
judge most appropriate to
achieve their purpose

Sec 9. Private property shall not be
taken for public use without just
compensation.

Inherent powers of the government
1.Eminent domain
- the right or power of the
State or of those to whom the
power has been lawfully delegated
to take private property for public
use upon paying to the owner a
just compensation to be
ascertained according to law.

2. Police Power
- refers to the power of the
State to enact such laws or
regulations in relation to
persons and property as may
promote public health, public
morals, public safety, and the
general welfare and
convenience of the people.

3. Taxation
- refers to the power of the
State to impose charge or burden
upon persons, property, or
property rights, for the use and
support of the government and to
enable it to discharge its
appropriate functions.

Taxes
- refers to the enforced
proportional contributions from the
persons and property levied by
the law making body of the State
by virtue of its sovereignty for the
support of the government and all
public needs.

Sec 10. No law impairing the
obligation and contract shall be
passed.

Obligation of a contract
- the law or duty which
binds the parties to perform
their agreement according to its
terms or intent, if it is not
contrary to law, morals, good
custom, public order, or public
policy.

Sec 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.

Constitutional rights of the accused in
criminal cases
1.The right to adequate legal assistance.
(Sec 11)
2.The right, when under investigation for
the commission of an offense, to be
inform of his right to remain silent and to
have counsel(Sec 12,1);

Constitutional rights of the accused in criminal
cases
3. The right against the use of torture, force
violence, threat, intimidation, or any other
means which vitiates the free will;
4. The right against being held in secret,
incommunicado, or similar forms of
detention;

5. The right to bail and against
excessive bail;
6. The right to due process of
law;
7. The right to presumption of
innocence;

8. The right to be heard by
himself and counsel;
9. The right to be informed of
the nature and cause of
accusation against him;

10. The right to have a speedy,
impartial and public trial;
11. The right to meet the witnesses
face to face.
12. The right to compulsory process
to secure the attendance of
witnesses and the production of
evidence in his behalf;

13. The right against self-
incrimination;
14. The right against detention by
reason of political beliefs and
aspirations;

15. The right against
excessive fines;
16. The right against cruel,
degrading or inhuman
punishment;

17. The right against infliction
of death penalty except for
heinous crimes; and
18. The right aginst double
jeopardy.

Sec 12. (1) Any person under investigation
for the commission of an offense shall have
the right to be inform of right to remain
silent and to have competent and
independent counsel preferably of his own
choice. If the person cannot afford the
services of the counsel, he must be
provided with one. These rights cannot be
waived except in writing and in the presence
of the counsel.

(2) No torture, force, violence, threat,
intimidation or any other means which
vitiates the free will shall be used against
him. Secret detention places, solitary,
incommunicado, or other similar forms of
detention are prohibited.

(3) Any confession or admission obtain in
violation of this section or Section 17
hereof shall be inadmissible in evidence
against him.
(4) The law shall provide penal and civil
sanctions for violations of this section as
well as compensation to and rehabilitation
of victims of torture or similar practices ,
and their families.

Rights of person under
investigation
1.To be informed of his right to remain
silent;
2.To have competent and independent
counsel preferably of his own choice
or to be provided with one;

Rights of person under
investigation
3. Against the use of torture,
force, violence, threat,
intimidation, or any other means
which vitiates the free will; and

Rights of person under investigation
4. Against being held in secret, solitary,
incommunicado, or other similar
forms of detention

Sec 13. All persons, except those
charge with offenses punishable by
reclusion perpetua when evidence of
guilt is strong, shall, before conviction,
be bailable by sufficient sureties, or be
realease on recognizance as may be
provided by law. The right to bail shall
not be impaired even when the privilige
of the writ of habeas corpus is
suspended. Excessive bail shall not be
required.

Bail
- the security required by a court
and given for the provisional or
temporary release of a person who is in
the custody of the law conditioned upon
appearance before any court as required
under the conditions specified.

WHO MAY AVAIL?
General: All persons under custody
of the law

Exceptions:
(1) Those charged with capital offense
when evidence of guilt is strong.
Since the evidence (rebellion) in this
case is hearsay, the evidence of guilt
is not strong, bail is allowed.
[Enrile v. Perez (En Banc Resolution,
2001)]

Exceptions:
(2) Military men [People v. Reyes (1992)]
Military men who participated in failed
coup d’etat because of their threat to

Sec 14. (1) No person shall be held to
answer for a criminal offense without
due process of law.

(2) In all criminal prosecutions, the accussed shall be
presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and counsel,
to be inform of the nature and cause of accusation
against him, to have a speedy, impartial and public trial,
to meet the witnesses face to face, and to have
compulsory process to secure the attendance of the
witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed
nothwithstanding the absence of the accused provided
that he has been duly notified and his failure to appear
in unjustifiable.

Arraignment
- made in open court by the judge
or clerk, and consist in furnishing the
accused a copy of the complaint or
information with the list of witnesses,
reading the same in the language, or
dialect known to him and asking him
wether he pleads guilty or not guilty.

Sec 15. The privilege of the writ of
habeas corpus shall not be
suspended except in cases of
invasion or rebellion when the public
safety requires it.

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

Writ
- is the order from the court
requiring a person detaining
another to show the cause for the
detention.
Privilige of the writ
- the order from the court to
release an individual if it finds his
detention without legal cause or
authority.

Sec 16. All persons shall have the
right to a speedy disposition of their
cases before all judicial, quasi-
judicial, or administrative bodies.

Sec 17. No person shall be compelled to
be a witness against himself.

Sec 18. (1) No person shall be detained
solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall
exist except as a punishment for a crime
whereof the party shall have been duly
convicted.

Involuntary servitude
- denotes a condition of
enforced, compulsory service of
one another.

Sec 19. (1) Excessive fines shall not be imposed,
nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed,
unless for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any
death penalty already imposed shall be reduced to
reclusion perpetua.

(2) The employment of physical,
psychological, or degrading punishment
against any prisoner or detainee or the
use of substandard or inadequate penal
facilities under subhuman conditions
shall be dealt with by law.

Sec 20. No person shall be imprisoned for debt
or non-payment of a poll tax.
Debt
- any liability arising out of a
contract, express or implied.

Poll tax
- is a tax of fix amount
imposed on individuals residing
within a specified territory,
whether citizens or not, without
regard to their property or the
occupation in which they may be
engage.

Sec 21. No person shall be twice put
into jeopardy of punishment for the
same offense. If an act is punish by a
law and an ordinance, conviction or
acquittal under either shall consitutite a
bar to another prosecution for the same
act.

Existence of double jeopardy
1.He has been previously brought to trial;
2.In a court of competent jurisdiction;
3.Under a valid complain or information;
4.He has been arraign and pleaded to
the charge;
5.He has been convicted or acquitted or
the case against him has been
dismissed or otherwise terminated
without his express consent;
6.He is being charge again for the same
offense.

Sec 22. No ex post facto law or bill of
attainder shall be enacted.

Meaning of ex post facto law
1.Makes an act done before the
passage of a law, innocent when
done, criminal, and punishes such
act; or
2.Aggravate a crime or make it greater
when it was committed;or
3.Changes the punishment and inflicts
a greater punishment than what the
later annexed to the crime, when
committed; or

4. Alters the legal rules of
evidence, and receives less
testimony than or different
testimony from what the law
required at the time of the
commission of the offense, in
order to convict the offender.

Characteristics of ex post facto law
1.Ex post facto law relates to penal or
criminal matters only;
2.They are retroactive in their nature
3.They deprive persons accused of
crime of some protection or defense
previously available to their
disadvantage.

Bill of attainder
- a legislative act which
inflicts punishment without a
judicial trial

ASSIGNMENT, 1 whole
1.Define the following terms (15pts):
a. double jeopardy
b. bill of attainder
c. debt
d. poll tax
2. Enumerate and discuss briefly the
characteristics of ex post facto law (15pts).

ASSIGNMENT, 1 whole
1.Define the following terms (15pts):
a. alien
b. naturalization
c. jus sanguinis
d. jus soli
e. dual citizenship
2. Identify and discuss briefly the ways of
acquiring citizenship(15pts).

Activity
1. Draw at least four symbols
which represents the duty of a
citizen to the government. Below
the symbol, make a brief caption
explaining its relationship to duty.

1. Identify and discuss the duties
and obligations of a citizen. (Cite
specific examples)
2. Discuss the possible
consequences and effects of the
failure to observe these duties.

Sec 1. The following are the citizens of the Philippines:
(1)Those who are citizens of the Philippines as 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 Philippines citizenship upon
reaching the age of majority; and
(4)Those who are naturalized in accordance with law

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

Citizen
A member of a democratic
community who enjoys full civil
and political rights, and is
accorded protection inside and
outside the Philippines

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

General ways of acquiring
citizenship
1.Involuntary method
- by birth because of
blood relationship or place of
birth.

General ways of acquiring
citizenship
2. Voluntary method
- By naturalization, ecepr in
case of collective naturalization of
the inhabitants of a territory which
takes place when it is ceded by
one state to another as a result of
conquest or treaty.

Principles that govern citizen by
birth
1.Jus Sanguinis
- Blood relationship is the
basis for the acquisition of
citizenship under this rule.

Principles that govern citizen
by birth
2. Jus soli or Jus loci
- Place of birth is the basis
of acquiring citizenship.

Naturalization
- is the act of formally
adopting a foreigner into the
political body of the State and
clothing him with the rights and
priviliges of citizenship.

Qualifications for Naturalization
(Commonwealth Act 473)
1. The petitioner must not less than 18 years
of age on the date of the hearing of the
petition;
2. He must, as a rule, resided in the
Philippines for a continuous period of not
less than ten years

3. He must be of good moral character, and
believe in the principles underlying the
Philippine Constitution, and must have
conducted himself in a proper and
irreproachable manner during the entire
period of his residence in the Philippines in
his relation with the constituted government
as well as with the community in which he is
living;

4. He must own real estate in the
Philippines worth not less than 5, 000,
Philippine currency or must have some
lucrative trade, profession, or lawful
occupation;
5. He must be able to speak and write
English or Spanish and anyone of the
principal Philippine languages;

6. He must have enrolled his minor children of
school age in any of the public schools or
private schools recognized by the Bureau of
Private Schools where Philippine history,
government and civics are taught or
prescribed as part of the school curriculum
during the entire period of the residence
required of him, prior to the hearing of the
petition for naturalization as citizen.

Ways of acquiring citizenship
by naturalization
1.By judgment of the court
2.By direct act of the
Congress
3.By administrative
proceedings

Sec 2. Natural-born citizens are those who are
citizens of the Philippines from birth without
having to preform any act to acquire or perfect
their Philippine citizenship. Those who elect
Philippine citizenship in accordance with
paragraph (3), Section 1 hereof shall be deemed
natural-born citizens

Kinds of citizens under the
Constitution
1.Natural-born citizen
2.Citizens at the time of the
adoption of the constitution.
3.Citizen through election.
4.Naturalized citizen.

Sec 3. Philippine citizenship may be lost or
reacquired in the manner provided by law.

Manner by which a Filipino
citizen may lose his citizenship
1.Voluntary
a. By naturalization in
foreign country;
b. By express renunciation
of citizenship;

1.Voluntary
c. By subscribing to an
oath of allegiance to support
the constitution and laws of a
foreign country; and

1.Voluntary
d. By rendering service to,
or accepting commission in the
armed forces of a foreign
country.

2. Involuntary
a. By cancellation of his
certificate of naturalization by
the court;
b. By having been
declared by the competent
authority, a deserter in the
Philippine armed forces in time
of war.

Reacquisition of lost Philippine citizenship
1. By naturalization;
2. By repatriation
- is effected by merely taking the
necessary oath of alleginace to the Republic of
the Philippines and mregistering the same in the
proper civil registry;
3. By direct act of the Congress

Sec 4. Citizens of the Philippines who marry
aliens shall retain their citizenship, unless by
their act or omission they are deemed, under the
law, to have renounced it.

Sec 5. Dual allegiance of citizens
is inimical to the national interest
and shall be dealth with by law.

Dual citizenship
- refers to the possession of two
citizenship by an individual, that of his
original citizenship and that of the
country where he bacame a
naturalized citizen.

Duties and Obligation of Citizen

 Pride in One’s
Country
 Absolute and
permanent allegiance
to the government

2. To love and defend the
country
 Love of country shown
not by words but by
deeds
 Readiness to sacrifice
his life in defense of his
country

3. To contribute to
the development
and welfare of the
State

Three-Story Building Analysis
People
Philippine
Constitution
Public
Employees
Trust

5. To cooperate
with duly
constituted
authorities

With great POWER comes
GREAT
RESPONSIBILITY!!!

Assignment 1 whole (to be submitted next
meeting)
1. Define the following terms (18 pts):
a. election
b. plebiscite
c. recall
d. referendum
e. initiative
f. suffrage

Assignment 1 whole (to be submitted next
meeting)
2. General qualifications of voters (7 pts)

Sec 1. Suffrage may be exercise 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 Phlippines for at least
one year and in the place wherein they propose
to vote for at least six months immediately
preceding the election. No literacy, property, or
other substantive requirement shall be imposed
on the exercise of suffrage.

Suffrage
- refers to the right and privilege to vote
of qualified citizens in the election of certain
national and local officers of the government
and in the decisions of public questions
submitted to the people.

General Qualifications of Local Legislative Officials
a)A citizen of this country;
b)A registered voter in the local government where
he intends to be elected;
c) A resident therein for at least one (1) year
immediately preceding the day of election;
d)Able to read and write Filipino or any other local
language or dialect.

Elective Officials Age Requirement
Governor, Vice-Governor, Board
Members, Mayor, Vice-Mayor,
Councilors of Highly-Urbanized Cities
23 years of age
Mayor and Vice-Mayor of independent
component cities, component cities,
and municipalities
21 years of age
Councilors of independent component
cities, component cities, and
municipalities
18 years of age
Punong Barangay and councilors of
sangguniang barangay
18 years of age
Sangguniang Kabataan Chairman and
councilors
15-17 years of age

Scope of Suffrage
1. Election
- The means by which the people choose
their officials for definite and fixed periods and
to whom they entrust, for the time being as their
representatives, the exercise of powers of
government.

2. Plebiscite
- refers to the vote of the people
expressing their choice for or against a propose
law or enactment submitted to them.
3. Referendum
- refers to 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. Initiative
- The process whereby the people directly
propose and enact laws.
5. Recall
- The method by which a public officer can
be moved from office during his tenure or before
the expiration of his term by a vote of the people
after registration of a petition signed by a
required percentage of the qualified voters.

Qualification of Voters
1. A citizen of the people;
2. Not otherwise disqualified by law;
3. At least eighteen years of age; and
4. Have resided in the Philippines for at least one
year and in the place wherein he proposes to
vote for at least six months preceding the
election.

Sec 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
Filipino 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 protest the secrecy of the ballot.

Socsci 141

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Socsci 141