Professional Documents
Culture Documents
Compiled by
Public Administration
In the study of public administration, attention is focus upon
the methods and techniques used in the actual
management of state affairs by executive, legislative, and
judicial branches of government. As the complexity of
government activities grows, the traditional distinctions
among the powers of these branches become even less
clear-cut.
Today, legislative bodies have been forced to delegate
greater discretion to executive officers responsible for the
conduct of government policies and powers. Thus, we find
many administrative agencies exercising quasi-legislative
and quasi-judicial powers, i.e. powers which are legislative
and judicial in nature. Administrative Law, already referred
to, also falls within the scope of any broad study of public
administration.
Interrelationship with other branches of learning
No precise and definitive boundaries can be place around
a subject as comprehensive as political science. It shares
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Psychology
The political scientist as well as the psychologist promotes
studies of the mental and emotional processes motivating
the political behavior of individuals and groups. One of the
many topics which the political scientist handles from a
psychological approach is that of public opinion, pressure
groups, and propaganda.
Philosophy
The concepts and doctrines of Plato, Aristotle and Locke
(and other universal thinkers about the state) are important
to the specialist in academic philosophy and also to the
political scientist. These concepts are the underlying forces
in the framing of constitutions and laws.
Statistics and Logic
The political theorist must possess a broad scientific
background and a knowledge of the current political
problems and he must employ scientific methods in
gathering and evaluating data and in drawing conclusions.
Jurisprudence
It is concerned with the analysis of existing legal systems
and also with the ethical, historical, sociological and
psychological foundations of law. A comprehension of the
nature of law (whether natural or divine law) and of the
statutes enacted by legislatures is indispensable to the
political theorist. Law and state are inseparable. All states
claim laws, effective within their jurisdictions, and enforce
them through a system of penalties or sanctions. To
maintain full understanding of the facts of political life, the
political scientist has to combine the legal with the extralegal viewpoints.
Functions and importance of political science
The function of political science is to discover the principles
that should be adhered to in public affairs and to study the
operations of government in order to demonstrate what is
good, to criticize what is bad or inefficient, and to suggest
improvements.
the results of such policies are likely to be, what his rights
and obligations are, who his elected representatives are,
and what they stand for.
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Territory
It includes not only the land over which the jurisdiction of
the state extends but also the rivers and lakes therein, a
certain area of the sea which abuts upon its coasts and
the air space above it. Thus, the domain of the state may
be described as terrestrial, fluvial, maritime and aerial.
Government
It refers to the agency through which the will of the state
is formulated, expressed and carried out. The word is
sometimes used to refer to the person or aggregate of
those persons in whose hands are placed for the time
being the function of political control. This body of men
is usually spoken of as administration. The ordinary
citizens of a country are a part of the state but are not
part of the government.
Sovereignty
The term may be defined as the supreme power of the
state to command and enforce obedience to its will from
people within its jurisdiction and corollarily, to have
freedom from foreign control.
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Two manifestations:
a)internal or the power of the state to rule within its
territory;
b)external or the freedom of the state to carry out its
activities without subjection to or control by other
states.
External sovereignty
independence.
is
often
referred
to
as
Origin of States
Divine Right Theory - It holds that the state is of divine
creation and the ruler is ordained by God to govern the
people.
Necessity or Force Theory - It maintains that the states
must have been created through force, by some great
warriors who imposed their will upon the weak.
Paternalistic Theory - It attributes the origin of states to
the enlargement of the family which remained under the
authority of the father or mother. By natural stages, the
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Parliamentary government
One in which the state confers upon the legislature the
power to terminate the tenure of office of the real
executive. Under this system, the Cabinet or ministry is
immediately and legally responsible to the legislature and
mediately or politically responsible to the electorate, while
the titular or nominal executive --- the Chief of State --occupies a position of irresponsibility.
Presidential government
One in which the state makes the executive
constitutionally independent of the legislature as regards
his tenure and to a large extent as regards his policies
and acts and furnishes him with sufficient powers to
prevent the legislature from trenching upon the sphere
marked out by the constitution as executive
independence and prerogative.
Functions of Government
The functions of government are classified as constituent or
ministrant.
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Constituent Functions
Those relating to the maintenance of peace and the
prevention of crime, those regulating property and
property rights, those relating to the administration of
justice and the determination of political duties of citizens,
and those relating to national and foreign functions.
This power is exercised by the State as attributes of
sovereignty.
Ministrant Functions
It includes the promotion of welfare, progress and
prosperity of the people and not merely to promote the
welfare, progress and prosperity of the people --- these
latter functions being ministrant, the exercise of which is
optional on the part of the government.
De Jure and De Facto Governments
Government is classified according to its legitimacy as either
de jure and de facto government. De Jure is a Latin term
which means by right, lawful, legitimate.
Thus, a
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Constitutional Law
A branch of jurisprudence which treats of constitutions, their
nature, formation and amendment, operation and
interpretation. It refers to the law embodied in the Constitution
as well as the principles growing out of interpretation and
application made by the courts (particularly the Supreme
Court, being the court of last resort) of the provisions of the
constitution in specific areas. The Philippine Constitution itself
is brief but the law of the Constitution lies scattered in
thousands of Supreme Court decisions.
Kinds of Constitution
As to their origin and history
Conventional or enacted - one which is created by a
constituent assembly or granted by a monarch to his
subjects like the Constitution of Japan in 1889.
Cumulative or evolved - like the English Constitution, one
which is a product of growth or a long period of
development originating in customs, traditions, judicial
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SEPARATION OF POWERS
The Doctrine of Separation of Powers was modified under the
1973 Constitution with the establishment of a semiparliamentary government that made the legislature
subordinate in many respects to the President, who was even
vested with the ultimate power of dissolving it.
What is the traditional concept of the doctrine of
separation of powers?
Under the new Constitution, the traditional concept of the
doctrine has been restored, but with several significant
modifications. The three major departments of the
government have been maintained, and so have the three
constitutional commissions established earlier under the past
charters. By and large, the separation of the principal powers
have been preserved.
The judiciary, regarded as the weakest of the three branches,
has been considerably strengthened with the conferment of it
of additional and important powers. In the case of the political
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BLENDING OF POWERS
What is blending of powers of the three branches of
government?
There are instances under the Constitution when powers are
not confined exclusively within one department but are in fact
assigned to or shared by several departments. As a result of
this blending of powers, as it is called, there is some
difficulty in classifying some of them as definitely legislative,
executive or judicial. Justice Holmes out it vividly when he
remarked that the great ordinances of the Constitution do not
establish and divide fields of black and white. Even the more
specific of them are found to terminate in a penumbra
shading gradually from one extreme to another.
Examples of the governments exercise of the blending
of powers
The powers of government may not at all times be contained
with mathematical precision in water-tight compartments
because of their ambiguous nature, e.g., the power of
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ARTICLE XVIII
AMENDMENTS OR REVISIONS OF THE CONSTITUTION
Amendment and Revision
Amendment and revision refers to changes in the
Constitution. However, the two must be distinguished.
What is an amendment?
Amendment refer to a change of specific provisions only.
The intention of an act is not the change of the entire
constitution, but only the improvement of specific parts or the
addition of provisions deemed as essential.
What is a revision?
Revision refer to the rewriting of the whole constitution.
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Preamble
The Preamble to the Constitution reads as follows:
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
our posterity the blessings of independence and
democracy under the rule of law and a regime of truth,
justice, freedom, love, equality and peace, do ordain and
promulgate this Constitution.
Unlike in the 1935 Constitution, the above Preamble is
couched not in the third person but in the first.
Why was the Preamble couched in the first person and
not the third as it was originally written in the 1935
Constitution?
It was felt that the use of the more intimate first person would
deepen the sense of involvement and participation of the
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REPUBLICANISM
Section 1 of Article II provides:
The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government
authority emanates from them.
What form of government is established under
Republicanism? Who are declared supreme under this
form?
This reproduction of the original principle in the 1935
Constitution establishes the democratic and representative
nature of our government and proclaims our hostility to
autocratic and totalitarian regimes. Thus, the people are
declared supreme. It is affirmed that every citizen is an
individual repository of sovereignty. The citizenry and not
officialdom is recognized as the origin, and therefore also the
restriction, of all government authority.
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and amity with all nations. Every State is, by reason of its
membership in the family of nations, bound by the generally
accepted principles of international law, which are considered
to be automatically part of its own laws. This is known as the
Doctrine of Incorporation. By virtue thereof, and particularly
since it is expressly affirmed in our Constitution, our Supreme
Court has applied the rules of international law in the decision
of a number of cases notwithstanding that such rules had not
been previously converted to statutory enactments.
Section 2 must be read with another section in this Article,
which provides as follows:
Section 7. The State shall pursue an independent foreign
policy. In its relations with other states, the paramount
consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.
and with Section 8, declaring that:
Section 8. The Philippines, consistent with the national
interest, adopts and pursues a policy of freedom from nuclear
weapons in its territory.
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the joy of living --- these are total strangers. One cannot
enjoy the sunset when he must worry about the oil to light the
lamp when the darkness closes in.
What were the programs of the government to alleviate
the standard of living?
To alleviate the plight of these forgotten men, to give those
with less privileges in life more privileges in law, in the words
of President Ramon Magsaysay, our government has
assiduously, if not always successfully, pursued the policy of
social justice enshrined in both the old and the new
Constitutions.
What is social justice?
The classic definition of social justice is found in Calalang v.
Williams, where Justice Laurel declared as follows:
Social justice is neither communism, nor despotism, nor
atomism, nor anarchy, but the humanization of laws and the
equalization of social and economic forces by the State so
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Sec. 10. The State shall promote social justice in all phases
of national development.
Sec. 11. The State values the dignity of every human
person and guarantees full respect for human rights.
Sec. 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
promote their welfare.
Sec. 21. The State shall promote comprehensive rural
development and agrarian reform.
SEPARATION OF CHURCH AND STATE
Section 6 reiterates that:
the separation of Church and State shall be inviolable.
This is a reproduction of Article XV, Section 15, of the 1973
Constitution.
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The doctrine cuts both ways. It is not only the State that is
prohibited from interfering in purely ecclesiastical affairs. The
Church is likewise barred from meddling in purely secular
matters. And the reason is plain. A union of Church and
State, as aptly remarked, tends to destroy government and
to degrade religion.
It is also likely to result in a conspiracy, well nigh irresistible
because of its composite strength, against the individuals
right to worship. The wall of separation between Church and
State is not a wall of hostility. The State in fact recognizes
the beneficent influence of religion in the enrichment of the
nations life.
SUPREMACY OF CIVILIAN AUTHORITY
Section 3 provides:
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.
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Sec. 16. The State shall protect and advance the right of
the people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature.
Sec. 17. The State shall give priority to education, science
and technology, arts, culture, and sports to foster patriotism
and nationalism, accelerate social progress, and promote
total human liberation and development.
Sec. 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of
national unity and development.
Sec. 23. The State shall encourage non-governmental,
community-based, or sectoral organizations that promote the
welfare of the nation.
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.
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Article III
BILL OF RIGHTS
Litany of weapons which a person may implore or assert to
resist or defeat any abuse or misuse of governmental
power.
It is primarily directed against the abuses of the government
in the exercise of the massive powers it has at its
command, particularly police power, eminent domain and
taxation.
It is protection against the state.
It governs the relationship between the state and the
individual.
Its concern is not the relation between the individuals,
between a private individual and other individuals, but
rather, it declares some forbidden zones in the private
sphere inaccessible to any power holder.
It restrains the government from invading into the life, liberty
and property of persons.
It is the catalogue of rights that monumentalizes the maxim
ours is a government of laws and not of men.
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PRIVACY OF COMMUNICATION
Section 3 provides that:
The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when
public safety or order requires otherwise as prescribed by
law. Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose in
any proceeding.
What is the extent of the freedom of correspondence?
The freedom of correspondence clause extends to all kinds of
communications to convey ones views and sentiments.
What are the modes of conveying ones thought?
It may be through letters, telegrams, signals, cables,
telephone or any other mode not prohibited by law.
Are illegally secured evidences admissible in court?
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Balancing-of-interests doctrine
. . . gives the Court the prerogative, in case there is a collision
between two rights, to determine which right demands the
greater protection. It requires a Court to take conscious and
detailed consideration of the interplay of interests observable
in a given type of situation.
Right of Assembly and Petition
What is the nature and basis of the peoples right to
assembly and petition the government of their
grievances?
The right of assembly is the right of the citizens to meet
peaceably for consultation in respect to public affairs.
Right of Petition
The right of petition is the right of a person or group to
apply without fear of penalty, to the appropriate branch of
government for the redress of grievances.
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EMINENT DOMAIN
Section 9 provides that:
Private property shall not be taken for public use without just
compensation.
What are the three stately powers of the government?
The stately powers of government, preservatory weapons to
assure state continuity. When a state is born, its birth ipso
facto carries with it the authority to exercise the three powers
of the state:
1. Police Power
2. Eminent Domain
3. Taxation
What is the capital purpose of the three stately powers?
The exercise of these powers would indicate not a
polarization but a mingling of the three powers to achieve
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Inherent Limitations:
It must be exercised by the legislature.
It must be for public purpose.
It must be applied only within the territorial jurisdiction of
the taxing State.
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What is a contract?
A contract is a law between the parties. Every person has the
right to enter into a lawful contract which is part and parcel of
the liberties of the people.
Can lawful contracts be altered by the government?
Lawful contract entered into by any person cannot, by whims
and caprices, be altered by the government unless dictated
by the highest interest of the nation. Thus, even a lawful
contract must yield to the police power of the state in the
interest of public health, public safety, moral and general
welfare.
What is the purpose of the non-impairment of contract
clause?
To safeguard the integrity of valid contractual obligations
against unwarranted intrusion or interference by the State?
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The law shall provide for 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.
When did the Miranda Doctrine came into Philippine
jurisdiction?
The right of a person to be assisted by counsel when under
investigation for the commission of an offense is of American
rootage and found its way in this jurisdiction on January 17,
1973, the day the 1973 Constitution took effect. The Miranda
Rule was constitutionalized in 1973 by providing therein that
any person under investigation for the commission of an
offense shall have:
the right to remain silent;
the right to have a competent and independent counsel
preferably of his own choice;
to be informed of such right.
May all the rights under Sec. 12 be waived?
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murder
rape
rebellion
treason
parricide
kidnapping
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Preliminary Investigation
Right to Counsel
Right to Bail
Accused conveyed the Miranda Rights
Right against self-incrimination
Preliminary Investigation
After a complaint has been filed against an accused and
before his arrest, he is entitled to a preliminary investigation
to determine whether there is a sufficient ground to engender
a well-founded belief that a crime imputable against the
accused has been committed.
Right to Counsel
A person who is arrested in flagrante or surrenders to the
authorities is entitled to counsel from the moment of the arrest
or surrender and he may not be asked questions in
connection with the offense without the assistance of counsel
as custodial investigation is deemed to have started.
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Right to Bail
Upon the arrest of the accused, he may exercised his right to
bail as long as the offense committed is not punishable by
reclusion perpetua and the evidence of guilt is strong.
If the accused is arrested in virtue of an irregular warrant,
he may ask for its quashal.
If the accused is unable to post the required bail and is
detained, he is entitled to be visited by his counsel or any
member of the bar upon request of any person made in
his behalf.
The accused may confer privately with his counsel at any
hour of the day or in urgent cases, of the night.
Accused conveyed the Miranda Rights
During custodial investigation, the accused may be conveyed
the Miranda Rights --- his right to remain silent and the
services of a competent and independent counsel of his own
choice, or, if he cannot afford the services of one, the
government must provide him with counsel. His right to
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Presumption of Innocence
The Right to be Heard and Counsel
Nature and Cause of Accusation
Presumption of Innocence
Notwithstanding the filing of a case against the accused in
Court, the Constitution presumes him to be innocent until the
contrary is proved. The rule is: innocence and the exception
is guilt --- pronouncement beyond reasonable doubt.
One who alleges must prove A maxim in law that
underscores the presumption of innocence is --- he who
alleges must prove. Thus, this strict standard is deemed not
satisfied simply because the accused has submitted an
implausible defense, because the prosecution must rely on
the strength of its evidence and not on the weakness of the
defense. The burden of proving the guilt of the accused
beyond reasonable doubt is addressed to the prosecution.
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into account. The proof against him must survive the test of
reason, the strongest suspicion must not be permitted to
sway judgment. The conscience must be satisfied that on the
defendant could be laid the responsibility for the offense
charged; that not only did he perpetrate the act but that it
amounted to a crime. Calling the accused first to prove selfdefense violates presumption of innocence rule.
Nature and Cause of Accusation
The right to know the nature and the cause of accusation is
strengthened in the Rules of Court by directing that the
accused be arraigned in open court by the judge or clerk by
furnishing him a copy of the complaint or information with the
list of witnesses and reading the same in a language or
dialect known to him and asking him to enter a plea.
Arraignment
After the case has been filed in court, the accused is entitled
to know the nature and the cause of the accusation against
him. This is known as the arraignment where the accused is
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invasion
rebellion which may not extend beyond sixty (60) days
from date of suspension extendible upon initiative of the
President for a period determined by the Congress if the
invasion or rebellion upon which the privilege of the writ
was suspended still persists.
To whom is the privilege addressed?
It is noteworthy to state that in the 1987 Constitution, the
suspension of the privilege of the writ of habeas corpus is
addressed only to persons facing charges of rebellion or
offenses inherent in or directly connected with invasion. Any
person arrested for such offenses must judicially be charged
within three (3) days, otherwise he shall be released.
What are the limitations on the Presidents power to
suspend the privilege of the writ of habeas corpus?
The suspension of the privilege must not exceed sixty (60)
days. Congress may revoke the suspension made by the
President by at least a vote of the majority of the members of
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Political Belief
Indeed, nobody should be detained solely by reason of his
political beliefs and aspirations. Belief exists only in the mind.
How can one be detained for his political belief when belief is
infinite and illimitable?
Can the government arrest and detain the illimitable
existing only in thoughts?
This provision of the 1987 Constitution is perhaps influenced
by the victims of harassments and intimidations during the
Martial Law administration and the authors of the constitution
responded with cavalier attitude oblivious of the Salonga
Doctrine (February 18, 1985) where the court ruled in clear
and indubitable term: No man deserves to be punished for
his thought (Cogitationis poenam nemo meretur).
If the political belief is, however, translated into action and its
actualization transgresses existing laws, then perforce the act
must be punished for no man is above the law.
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Involuntary Servitude
The Constitution prohibits an individual to be forced to render
service against his will. This right is interlaced with the right to
liberty. Liberty includes the right to live and work where one
wills. Involuntary servitude is a condition where one is
compelled against his will to work or labor for another whether
he is paid or not.
What is meant by involuntary servitude?
It is a condition of enforced compulsory service of one to
another.
Slavery which is the state of entire subjection of one
person to the will of another.
Peonage which is a condition of compulsory service
based on the indebtedness of the peon to the master.
What is the nature and purpose of the prohibition?
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Kinds of liabilities?
Actions ex-delicto are those which grow out of or are
founded upon a wrong or a tort.
Actions ex-contractu are those rights or causes of action
arising out of contract.
What is debt as employed in the Constitution?
It is a liability arising from action ex-contractu and excludes
obligation arising from action ex-delicto.
What is a poll tax?
It is a tax of fixed amount upon all persons, or upon persons
of certain class, resident within a specific territory, without
regard to their property or the occupation which they may be
engaged.
RIGHT AGAINST DOUBLE JEOPARDY
Section 21 provides that:
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Article IV
CITIZENSHIP
Realistically viewed, the most important element of a state is
the people, the aggregate of its citizens or subjects. As set
forth in the Declaration of Principles, the Philippines is a
republican state. Sovereignty resides in the people and all
government authority emanates from them. Thus, the Filipino
people compose the Republic of the Philippines.
What is citizenship?
Citizenship is a membership in a political community which
is personal and more or less permanent in character.
What is a citizen?
Citizen refers to a member of a political community having
the right to exercise all the political and civil privileges
accorded to its members. A citizen of a given state or country
is one who owes allegiance and is entitled to its protection
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Article V
Right to Suffrage
In the scheme of our present republican government, the
people are allowed to have a voice therein through the
instrumentality of suffrage to be availed of by those
possessing certain prescribed qualifications.
What is suffrage?
Art. V of the Constitution provides for the right of suffrage,
which is the right to vote in the election of all officers chosen
by the people, and in the determination of all questions
submitted to the people. Traditionally, suffrage is a political
right enabling every citizen to participate in the process of
government to assure that it derives its power from the
consent of the governed. Alongside, with this, it shall be the
obligation of every citizen qualified to vote to register and cast
his vote.
What is the purpose of suffrage?
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Article VI
Legislative Department
Congress and Legislative Power
Our government is a tripartite system of government
composed of the three great branches:
Legislative Department
Executive Department
Judicial Department
They are independent but coordinate departments and the
powers of the government have been carefully apportioned
between these three distinct departments.
What is the first branch of the government?
The first branch, the legislative department --- more popularly
known as Congress was granted by our Constitution the
exercise of the legislative power.
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of
the
House
of
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qualifications
for
Party-List
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standing committees
select committees
joint committees.
Standing Committees
Are permanently established legislative committees that
review proposed legislation. They are the only one that
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regular
special sessions
The House of Representatives hold its session at the
Batasang Pambansa Complex while the Senate at the GSIS
Complex.
Regular Session
A session convened once every year starting on the 4th
Monday of July, unless a different date is fixed by law. It may
continue for such number of days or may last as long as
Congress wishes until 30 days before the opening of its next
regular session, exclusive of Saturdays, Sundays and legal
holidays.
Special Session
A session called by the President while Congress is in recess
generally to consider a legislation he may designate in his
call. Example is the session called by President Gloria Arroyo
to pass into law the power reform bill. The Constitution
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POWERS OF CONGRESS
What role does Congress play in Philippine Political
System?
Congress plays an important role in the Philippine political
system. Congress controls major decisions on measures to
help solve substantive problems, national budget, taxes, trade
policy and even appointees to cabinet posts which are all
crucial to the workings of our republican government.
What is the principal function of Congress?
The principal function of Congress is lawmaking, that is, the
enactment of laws serving as binding rules for all Filipinos.
However, the Constitution also grants certain non-legislative
functions to Congress such as the power to declare the
existence of war, the power to remove the President and
other high officials through impeachment, etc.
What are the classification of the Powers of Congress?
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What is a Preamble?
The preamble is an introductory statement in the bill stating
the rationale or reasons for the enactment, or the intention of
the lawmaker in presenting the measure.
What is an Enacting Clause?
The enacting clause is that part which identifies the authority
that promulgated the bill. The enacting clause used by our
Congress today is: Be it enacted by the Senate and House
of Representatives in Congress assembled.
Is the preamble and enacting clauses essential to the
validity of statutes?
Both the preamble and enacting clauses are not essential to
the validity of the statutes passed by Congress.
What is the Body of the bill?
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The body is the part containing the subject of the law; hence,
this is considered the most important part. The body is usually
divided into titles, chapters, articles, sections and
subsections.
What is the Effectivity Clause?
The effectivity clause is the part of the law which provides the
date when the bill shall take effect. The effectivity clause
usually provides that the law will take effect on a specific date
or immediately upon approval by the President.
What are the procedures in the approval of a bill?
The Constitution provides that before a bill passed by either
House becomes a law, it shall first passed three readings on
separate days with the exception of those which the President
will certify as necessary to meet public calamity.
First Reading
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the entire bill is read before the chamber and it is at this stage
that the bill is debated and amended.
What is the role of the Rules Committee on the second
reading?
The Rules Committee plays an important role at this stage, it
sets the time limit for floor debate, provide for the manner on
how the bill will be amended, and when the bill will be voted
on.
What is read on the third reading, what is not allowed to
be done?
On the third reading, only the title of the bill is read. No
amendment is allowed at this stage.
What is done with the bill if approve by members of both
Houses?
Thereafter, the bill is voted upon for approval. If approved,
the bill is transmitted to the other House where it will undergo
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Rule of Taxation
The Constitution provides that the rule on taxation shall be
uniform and equitable. A tax is considered uniform when it
operates with the same force and effect in every place where
the subject may be found. Tax Exemptions and Institutions
Exempt from Taxation. No law granting any tax exemption
shall be passed without the concurrence of a majority of all
the Members of Congress.
However, by express mandate of the Constitution, the
following institutions are exempted from taxation:
Tax Exemptions and Institutions Exempt from Taxation
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Article VII
Executive Department
Presidency and Executive Power
The first section of Art. VII of the Constitution, dealing with the
Executive Department, begins with the enunciation of the
principle that the executive power shall be vested in a
President of the Philippines. Unlike the legislative and judicial
powers of government vested in Congress and Supreme
Court respectively, both of which are collegial bodies, the
whole of executive power is vested to only one person, to the
President of the Philippines.
This means that the President of the Philippines is the
Executive of the Government of the Philippines, and no other.
It is thus clear that the President is the most powerful officer
of our government.
What is the Executive Power granted to the President?
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1. If the President-elect fails to qualify, the Vice Presidentelect shall act as President until the President-elect shall
have qualified.
2. If a President shall not have been chosen, the Vice
President-elect shall act as President until a President
shall have been chosen and qualified.
3. If at the beginning of the term of the President, the
President-elect shall have died or have become
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act until the Vice President shall have been chosen and
qualified.
Where the vacancy occurs during the term for which the Vice
President was elected, the President shall nominate a Vice
President to serve for the unexpired term from among the
members of the Senate or House of Representatives. The
nominee shall assume office upon confirmation of a majority
vote of all the Members of both Houses of the Congress,
voting separately.
When the Vice President shall become President
As the second highest official of the Executive Department,
next to the President, it naturally follows that he is the
constitutional successor in case of vacancy in the Office of
the President. It will be observed under the rules provided in
the preceding discussions that the following are the instances
when the Vice President shall be come the President.
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Pardoning Power
Under the old provision of the Jones Law, the GovernorGeneral is granted the exclusive power to grant pardon and
reprieves and remit fines and forfeitures. This power is now
vested in the President of the Philippines. The pardoning
power exclusively vested in the Chief Executive, and the
exercise of the power may not, therefore, be vested in anyone
else. Thus, the pardoning power cannot be restricted or
controlled by legislative action. Likewise, this power is purely
executive act, which is not subject to judicial scrutiny.
What is the scope of the Pardoning Power?
The pardoning power or the power of executive clemency
includes the grant of pardon, commutation, reprieves, remit
fines and forfeitures as well as to grant amnesty with the
concurrence of the majority of the Members of Congress.
What is pardon?
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Power of Recognition
The power of recognition is an important power exercise by
the President as Chief Diplomat.
What is the power of recognition?
This power refers to the power to recognize the legitimacy of
foreign governments. Such recognition of the legitimacy of
another countrys government is a pre-requisite to diplomatic
relations with that country.
Treaty-Making Power
The President possesses the power to enter into treaties and
international agreements. Treaties are international
agreements concluded between States in written form and
governed by international law.
What is a Treaty?
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Informing Power
The President shall address the Congress, at the opening of
its regular session (this is referred to as the SONA or State of
the Nation Address). He may also appear before it at any
other time.
Review Questions
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Article VIII
JUDICIARY
What is Judicial Power?
Judicial power is the power to apply the laws to contests or
disputes concerning legally recognized rights or duties
between the State and private person, or between individual
litigants, in cases properly brought before the judicial
tribunals, which includes the power to ascertain what are the
valid and binding laws of the State, and interpret and construe
them.
What are the duties included in the exercise of judicial
power?
Judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or
not there has been a grave abuse of discretion amounting to
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Regular Members
A representative of the Integrated Bar, a Professor of Law, a
retired member of the Supreme Court, a representative of the
private sector.
Who appoints the regular members of the JBC?
The President, with the consent of the Commission of
Appointments appoints the regular members of the Council.
What is the term of office of members of the JBC?
Their term of office is staggered to four (4) years, thus of the
Members first appointed, the representative of the Integrated
Bar serve for four (4) years, the Professor of Law for three (3)
years, the retired Justice for two (2) years, and the
representative of the private sector of one (1) year.
Tenure and Discipline
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What is Jurisdiction?
Jurisdiction refers to the authority of the court to hear and
determine a particular case.
What is the Supreme Courts original jurisdiction?
The Supreme Courts original jurisdiction refers to its
authority to be the first court to hear a case. The Supreme
Court exercises original jurisdiction embracing cases affecting
ambassadors, public ministers and consuls. These officials
are our diplomatic representatives abroad, and under
international law are immune from the jurisdiction of courts of
the country where they are assigned subject to certain
exceptions.
Because of the importance of the cases affecting these
officials to our diplomatic relations, it is but proper that the
Supreme Court being the highest court of the land assumes
the authority to decide the case. The Supreme Court also
exercise original jurisdiction over petitions for certiorari,
prohibition, mandamus, quo warranto and habeas corpus.
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What is a Certiorari?
When any tribunal, board or officer exercising judicial or
quasi-judicial functions has acted without or in excess of its or
his jurisdiction, or with grave abuse or discretion amounting to
lack or excess of jurisdiction, and there is no appeal, nor any
plain, speedy, and adequate remedy in the ordinary course of
law, a person aggrieved thereby may file a verified petition in
the proper court, alleging the facts with certainty and praying
that judgment be rendered annulling or modifying the
proceedings of such tribunal, board or officer, and granting
such incidental relief as law and justice may require.
What is a Prohibition?
When the proceedings of any tribunal, corporation, board or
officer or person, whether exercising judicial, quasi-judicial or
ministerial functions, are without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to
lack or excess of jurisdiction, and there is no appeal or any
other plain, speedy, and adequate remedy in the ordinary
course of law, a person aggrieved thereby may file a verified
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