Professional Documents
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PREAMBLE
- The term preamble comes from the Latin word preambulare which means to walk before.
Strictly speaking, preamble is not an integral part of the Constitution. Its true office is to expound on
the scope and nature, the extent and application of the powers actually conferred by the constitution.
The Philippine Territorial Jurisdiction compromises:
1. Terrestrial jurisdiction over bodies of land
2. Fluvial jurisdiction over maritime and interior waters
3. Aerial jurisdiction over atmosphere
The United Nations International Convention in Geneva defined the five kinds of water in relation to the
territorial jurisdiction of the archipelago state:
1. Internal Water water around connecting and those that are in between the islands regardless of their
breadth and dimensions.
2. Territorial Sea is a belt of water outside the archipelagic baseline and adjacent to the archipelagic
waters. The archipelagic state has a right to establish the breadth territorial sea not exceeding 12 nautical miles
measured from the baseline.
3. Contiguous Zone beyond the territorial sea, may extend to not more than 24 nautical miles from the
archipelagic baselines. The state may exercise, in the contiguous zone, control necessary to prevent and punish
infringements of its customs, fiscal, immigration and sanitary laws and regulations with the territory or
territorial sea.
4. Exclusive Economic Zone which beyond and adjacent to the territorial sea may not extend more than
200 nautical miles from the archipelagic baselines. The archipelagic State has sovereign rights in the EEZ to
explore, manage and exploit all the natural resources living and non-living in the waters, the soil and subsoil.
5. Continental Shelf is the seabed and subsoil of the marine area to extend beyond its territorial sea
throughout the natural prolongation of the territory to the outer.
Seabed is the land holding the sea beyond the seashore
Subsoil is the soil below the surface soil including mineral and natural resources
Insular shelves are relatively shallow beds of sea bottom bordering the land mass, the outer edge of
which sink considerably until the great ocean are reached.
ARTICLE II DECLARATION OF PRINCIPLES AND POLICIES
Section 1. The Philippine is a democratic and republican state. Sovereignty resides in the people and all
government authority emanates from them.
A republican government by representatives chosen by the people at large. The essence therefore, a republican
state is indirect rule. The people established the government to govern them. Its officers from the highest to the
lowest servants of the people and not their masters. They can only exercise powers delegated to them by the
people who remain as the ultimate source of political power and authority.
Section 2. The Philippine renounces war as the instrument of national policy, adopts the generally accepted
principles of international law of the land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
Renunciation of war as an instrument of national policy is the first aspect of the declaration. Its accordance with
the principle of United Nations Charter binding all members to retain in the international relations or use of
force against territorial integrity or political independence of any state. The declaration refers only to the
declaration of the Philippines of aggressive war, not in defense of her national honor and integrity.
Section 3. Civil authority is, at all times, supreme over the military. The Armed forces of the Philippines is the
protector of the people and the State. Its goal is to secure the sovereignty of the State and in the integrity of the
national territory.
The idea of the supremacy of the civilian authority, the highest of such authority being the president, over the
military has always been recognized in our jurisdiction by implication from express provision of the 1935
Constitution and by practice.
Section 6. The separation of the State shall be inviolable.
The principle of the separation of the Church and the State being inviolable is implied from the constitutional
prohibitions that no law shall be made respecting an establishment of religion and that no public money shall
be appropriated, applied, paid or employed, directly or indirectly, for use, benefit, or support of any sect, church
domination, sectarian institution or system of religion.
ARTICLE III BILL OF RIGHTS
Bill of Rights defined as a declaration and enumeration of a persons rights and privileges, which the
Constitution designed to protect against violations by the government or by an individual or group of
individuals.
Classes of Rights
1. Natural Right possessed by every citizen conferred upon him by God as a human being.
Ex: right to live, tight to live
2. Constitutional Right rights conferred and protected by the Constitution part of the fundamental law cannot
be modified or taken away by the law making body.
3. Statutory Right it is provided by laws promulgated by the law making body. It can be abolished by the same
body.
Classes of Constitutional Rights
1. Civil Right right which the law enforces to private individual for the purposes of security, happiness and
enjoyment.
2. Political Right right to the citizen to participate directly or indirectly in the establishment of administration
of the government.
3. Social and Economic Right it is intended to insure the well-being and economic security of the individual.
Right of the Accused intended to protect persons of any crime. They of law nor shall any person be denied the
equal protection of the law.
Due Process
- Concept of due process of the law which hears before it condemns and proceeds upon inquiry before
rendering judgment. Under constitution, a person may be deprived by the state of his life, liberty, or
property provided due process of law is observed.
Kinds of Due Process of Law
1. Procedural due process of law
2. Substantive due process of law are the (civil) rights intended for the protection of a person accused of
any time. Example: right against self-discrimination, right to have a legal counsel.
3. Section 1. No person shall be deprived of life, liberty or property without due process.
Section 2. The right of the people to be secured in their persons, houses papers and effects against unreasonable
searches and seizures of whatever nature and for any purposes shall be issued except upon probable casue to be
determined personally by the judge after the examination under oath or affirmation of the complaint and the
witness he may produced, and particularly describing the place to be searched and the persons or things to be
seized.
Search Warrant -is an order in writing in the name of the people of the Philippines, signed by a judge, directed
to the officer, commanding him to search for a personal property and bring it before the court.
Warrant of Arrest -is an order in writing, issued in the name of the people of the Philippines, signed by the
judge, directed to the police officer, commanding him to arrest a person, that he may be bound to answer for the
offense committed.
Requisites for a Valid Search Warrant of Arrest
1. Probable cause
2. To be determined personally by the judge
3. After examination under oath or affirmation of the complaint and his witness.
4. Particularly describing the place to be searched and the persons or things to be seized.
Rules in the Court of Arrest
1. When the presence of an arresting officer, the person to be arrested has committed, is actually
committing or is about to commit an offense.
2. When an offense has in fact just been committed and he has personal knowledge of facts including that
the person to be arrested has committed it and
3. When the person to be arrested is a prisoner who has escaped from a penal establishment of place where
he is serving final judgment or temporarily confined while his case is pending or has escaped while
being transferred from one confinement to another.
Section 3.
1. Right to privacy of the communication
2. Any evidence obtained in violation of the preceding section shall be inadmissible for any purpose in any
proceeding.
Right to privacy is considered as the right to be left alone. It has also been defined, as the right of a person to be
free from unwarranted interference by the public in matters which the public is not necessarily concerned.
Section 9. Private property shall not be taken for public use without just compensation.
Eminent domain -is power of the state to take private property for public purpose upon payment of just
compensation to its owner.
Just compensation -is the fair mark value of the property at the time of the raking.
Right of the Accused in Criminal Cases
1. The adequate legal assistance
2. To be informed of this right to remain silent
3. Right against the use of torture, violence or any means which violates the free will.
4. To be heard himself and counsel
5. To bail and against the excessive bail
6. To be informed of the nature and cause of the accusation against him
7. To speedy, impartial and public trial
8. To meet the witness face to face
9. Right against self-discrimination
Nature of Suffrage
1. A mere privilege -suffrage is not a natural right of the citizens, but merely privilege given or withheld by
the law making power subject to constitutional limitations.
2. A politician right -in the sense of the right conferred by the constitution, suffrage is classified as a
political right, enabling every citizen to participate in the process of government to assure that it derives
its powers from the consent of governed. The principle is that of one man, one vote.
Scope of Suffrage
1. Election it is by which the people choose their officials for definite and fixed periods and to whom
they entrust, for the time as their representatives, the exercise of power of government.
2. Plebiscite it is the name given to vote the people expressing their choice for or against a purposed law
or enactment submitted to them.
3. Referendum it is the submission of a law or part thereof passed by the national or local legislative
body to the voting citizens of the country for their ratification or rejection.
4. Initiative it is the process whereby people directly proposed and enact laws.
5. Recall it is the method by which a public officer may be removed 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 qualified voters.
Qualifications of Voters
He must be
1. A citizen (male/female) of the Philippines
2. Not otherwise qualified by law
3. At least 18 years of age; and
4. Have resided in the Philippines for at least 6 months preceding the election
Section 3. The Congress shall have a system for securing the secretary and sanctity of the ballot as well as a
system for absentee voting qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and illiterate to vote without the assistance of other
persons. Until then, they shall allowed to vote under the existing laws such rules in the Commission on
Elections may promulgate to protect the secrecy of the ballot.
ARTICLE VI -LEGISLATIVE DEPARTMENT
Legislative Power the authority under the Constitution to make laws and to alter laws.
Laws refer to statutes, which are the written enactments of the legislative governing the relations of the people
among themselves and between them and the government and its agencies.
Classification of Powers of Congress
1. General Legislative Power power to enact laws intended as rules of conduct to govern the relations
among individuals and the state
2. Specific Power power which the Constitution expressly directs or authorizes in case two or more
candidates have an equal and highest number of votes, to confirm certain appointments by the President
to promote social justice, to declare the existence of a state war, to impose taxes, to impeach, to act as
constituent assembly
3. Implied Power that which is essential or necessary to the effective exercise the power expressly
granted like the power to conduct inquiry and investigation in aid of investigation, to punish for
contempt, to determine the rules of its proceedings
4. Inherent Power power which is possessed can be exercised by every government because it exists as
an attribute of sovereignty.
The Senate
Composition of Senate it is composed of 24 senators who are elected at large by qualified voters as may be
provided by law.
Term of office 6 years
Qualifications of a Senator:
1. A natural born citizen of the Philippines
2. At least 35 years of age on the date of the election day
3. Able to read and write
4. A registered voter
5. A resident of the Philippines for not less than 2 years immediately proceeding the election day
Maximum term a senator is disqualified to serve for more than 2 consecutive terms but can still run for
reelection after a break or interval
Registered Voter one who has all the qualifications for a voter and none of the disqualifications provided by
law and who has registered himself in the list of voters.
Residence the place where one has his true permanent home and to which whenever absent, he has the
intention of returning
The House of Representatives
Composition and election/selection composed of not more than 250 members popularly known as Congress
elected from legislative or congressional districts and through party-list system
Term of office 3 years
Qualifications of the Representatives
1. A natural born citizen of the Philippines
2. At least 25 years of age on the election day
3. Able to read and write
4. Except for party-list representative, a registered voter
5. A resident thereof, for a period not less than 1 year preceding the election day
Composition/Election/Selection and Classification of Members
1. The Constitution limits to 250 the maximum numbers the House of Representatives may have
2. The House of Representatives shall be elected legislative districts and through party-list system pf
registered national and sectoral parties or organization. The party-list representative shall constitute 20%
of the number of representatives in the Lower House including those under the party-list
3. The members of the House of Representatives may be classified into district, party-list and sectoral
representatives
Kinds of Members of Congress
1. Regular Election
2. Special Election
Compensation Php160,000.00 to Php180,000.00 annually. Any increase in their salary effect only after the
expiration of full term of the members approving such increase
Steps in the Passage of the Bill
1. Frist reading
2. Referral to appropriate committee
3. Second reading
4. Debates
5. Printing the distributions
6. Third reading
7. Referral to the House
8. Submission to join bicameral committee
9. Submission to the President
The term civil service means that professionalized body of men or women who have made the government
service of a lifetime career. The scope of this are every branch, subdivisions and instrumentality of the
government including every government-owned or controlled corporation with original chapter
Composition of Commission on Election
It is composed of a Chairman and 6 Commissioners. The 1973 Constitution increased in the membership in the
membership from three in the 1973 Charter to nine on the theory that it would make it more difficult for the
Commission to become the captive of any group or any person who might be interested in the commission
deciding or taking action one way or another.
Qualification of the Members
1. They must be natural born citizens of the Philippines
2. They must be at least 35 years of age at the time of the appointment
3. They must be at least holders of college degree
4. They must not have been candidates for any elective position immediately preceding elections
The Commission on Audit
Composition on Commission on Audit
It is composed of a Chairman and 2 Commissioners. It is designed to make it more resistant to pressures from
the legislative and executive branches and other offices of the government.
Qualification of the Members
1. They must be natural born citizens of the Philippines
2. They must be at least 35 years of age at the time of election
3. They must be certified public accountants with no less than 10 years of experience
4. They must not have been candidates for any elective position in the elections preceding heir
appointment
ARTICLE X LOCAL GOVERNEMENT
General Provisions
Section 1. The territorial an political subdivisions of the Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be autonomous regions in Mindanao and the Cordilleras as
hereinafter provided.
Local Government
Concept
Local government refers to a political subdivision of a nation or state, is constituted by law and has substantial
control of local affairs which officials elected or otherwise locally selected.
Local Government Units
1. Province
2. City
3. Municipality
4. Barangay
5. Autonomous Region
These are also called the Political Subdivisions of the Country
Powers of Local Government
The power of the local government are:
1. To have continuous succession in its corporate name
2. To sue and be sued
3. To use corporate seal
strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and
creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.
ARTICLE XV THE FAMILY
The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its
solidarity and actively promote its total development.
Requisites of a Valid Marriage
Legal capacity of the contracting parties
Age
Status
Consent freely given
Authority of the solemnizing officer
Marriage License
Public ceremony
Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.