What is constitution?

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 governance7. Bulacan Experience8. Naga9. Marikina10. E-governance

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

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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. People2. Territory3. 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 powerb. quorumc. legislative journald. budgete. billf. initiativeg. referendum

What is constitution?

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 Constitution2.1935 Constitution3.1973 Constitution4.Freedom Constitution5.1987 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. Briefb. Broadc. 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.

REVISION AND AMENDMENT

Amendment Revision

• It affects the Constitution as a whole.

• The changes brought about by amendments will not affect the other provisions of the Constitution.

REVISION AND AMENDMENT

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; and3. 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.

Example of Police Power Laws

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

Who may exercise? 1. The Congress2. 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

Scope of Legislative Power

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

Scope of Legislative Power 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 legislationb. punish members for contemptc. determine the rule of its

proceedings

d. Inherent Powers

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 suchother 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; and3) 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 stateof 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 bills2. Tariff bills3. Bills authorizing the increase of public

debt4. Bills of local application5. 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 thatHouse, 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

Formal Parts of a Law

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

Formal Parts 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.”

Formal Parts of a Law

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

Formal Parts of a Law

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.

Veto power of President: 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.

Veto power of President: 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 UNIFORM2. It should be EQUITABLE3. 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 institutions2. Churches, and parsonages or convents

appurtenant thereto3. Mosques4. Non-profit cemeteries; and

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

Constitutional tax exemptions: 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))

Constitutional tax exemptions: 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.

(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 sea2. Seabed3. Subsoil4. Insular shelves5. Inland water6. High seas7. Archipelago

Article INational 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 seathe 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 subsoilrefers 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

• Trench

• Basin

• Reef

Threefold division of navigable waters

1. Inland or internal watersThey are part of the sea within he land territory.

2. Territorial seathe belt of water outside and parallel to the coastline or to

the outer limits of the inland or internal waters.

3. High or open seaThey 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)

Article II

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 majority3. The observance of the principle that ours is a

government of law and not of men4. 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.

Sec 14. The State recognizes the 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

1. What is the policy of the 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.

2. What is the policy of the 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

1. What is the policy of the state for private sectors?

Sec 20. The State recognizes the indespensable role of private sector, encourage private enterprise, and provides incentives to needed investments.

Section 21

1. What is the policy of the state for agrarian reform? Discuss

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

Section 22

1. What is the policy of the 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.

Sec 24. The State recognizes the vital role of communication and information in nation-building.

Section 25

1. What is the policy of the 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 Rights2. Civil, Social and Economic Rights3. 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%

Article IIIBill of Rights

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 speech2.Freedom of the press3.The rights of assembly and petition4.The right to form association or

societies not contrary to law5.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 jeopardyb. bill of attainderc. debtd. 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. alienb. naturalizationc. jus sanguinisd. jus solie. 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.

Article IVCitizenship

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

Citizenshipis 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 court2.By direct act of the

Congress3.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 citizen2.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.Voluntarya. By naturalization in

foreign country;b. By express

renunciation of citizenship;

Manner by which a Filipino citizen may lose his

citizenship

1.Voluntary

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

Manner by which a Filipino citizen may lose his citizenship

1.Voluntary

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

2. Involuntarya. 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

1. To be loyal to the Republic of the Philippines

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

4. To uphold the Constitution and obey

the laws

Three-Story Building Analysis

People

Philippine Constitution

Public Employees

Trust

5. To cooperate with duly constituted authorities

6. To exercise of right with due

regard to the right of others

With great POWER comes GREAT

RESPONSIBILITY!!!

7. To engage in gainful work

8. To register and vote

Assignment 1 whole (to be submitted next meeting)

1. Define the following terms (18 pts):a. electionb. plebiscitec. recalld. referendume. initiativef. suffrage

Assignment 1 whole (to be submitted next meeting)

2. General qualifications of voters (7 pts)

Article VSuffrage

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; and4. 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.