POLITIC

AL
SCIENCE
 POLITICAL SCIENCE
DEFINED
Political science is the
systematic study of the State
and Government.

Greek word ‘polis’ meaning a

city or sovereign state, the word
‘science’ comes from the Latin
word ‘scire’ meaning to know.
CORRELATES OF POLITICAL SCIENCE
Political Science shares common interest
with other social disciplines namely:
- History - It is a written record of
past including present. It describes
social events in time and place. It
records the events chronologically.
On the other hand, the function of
political science is to analyze
political institutions, to describe
their workings and organization
and to some extent to forecast
Economics – is the scientific
study of man’s activity in
providing for such human
needs as hunger, shelter,
clothing and education. It deals
with man’s attempt to earn a
living, with man’s activities in
connection with the
consumption, production,
distribution and exchange
Sociology – The study of
sociology provides a way of
understanding human
behavior. It is the social
science that deals with the
study of man in his social
interaction with other
human beings in groups. It is
also to obtain factual
Law – It is defined as an ordinance
of reason promulgated by a
competent authority for the
common good. It includes any
edict, decree, rescript, order,
ordinance, statute, resolution,
rule, judicial, decision, usage, etc.
which is made or recognized and
enforced by the controlling
authority.
Psychology – This science
deals mainly with the
individual without any
particular reference to his
social life. It studies its soul
and faculties – free will and
understanding and the
individual conduct which is
the outcome of our mental
Philosophy and Ethics – while
the relation of political
science to philosophy is
somewhat remote, the two
studies touch up on each
other in some parts,
especially in the realm of
political theory and political
Geography and Statistics – the
study of geography to a certain extent
is related to that of political science.
The distinctive functions of geography
is to describe and explain the relations
between man and his natural
environment; to examine and interpret
the adjustments which groups of people
have made to the combinations of
natural environment conditions which
exist in the regions where they live.
CONCEPT OF A STATE
A state is a community of persons more or
less numerous, permanently occupying a
definite portion of the territory, independent
from outside or external control and
possessing a government wherein a great
body of inhabitants render habitual
obedience. ( CIR vs. Rueda, 42 SCRA 23 ).
The state has four essential element;
namely:
 People
 Territory
 Government
ORIGIN OF THE STATE
Divine Theory – it holds that the
state of divine creation and the ruler
is obtained by GOD to govern the
people. Reference has been made by
advocates of this theory to the laws
which Moses received at Mt. Sinai.
 Necessity or Force Theory – it
maintains that states must have
been created through force by some
great warriors who imposed their will
Paternalistic Theory – it
attributes the origin of states
to the enlargement of the
family, which remained under
the authority of the father or
the mother. By natural stages,
the family grew into a clan ,
then developed into a tribe
which broadened into a nation
becomes a state.
Social Contract Theory – it
asserts that 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. This theory
FUNCTIONS OF THE STATE
Constituent –only by way of
society and are, and are those
which constitute the bond of
society and are compulsory in
nature.
 Ministrant – those undertaken
therefore options of such as
public works, publication,
public charity, health and
STATE DISTINGUISHED FROM NATION

A state is more of a judicial or

legal concept, while a nation is
more of a racial or ethnic
concept. A nation may or may
not be independent of external
control A state may consist of
one or more nations while a
nation may consist of one or
more states.
CONCEPT OF NATION

A nation is a group of
persons occupying a portion
of the territory sharing the
same language, culture,
tradition and history.
INHERENT POWERS OF THE STATE

Police Power – it is the power of the state

to regulate individual ‘s rights and
property for the general welfare.
  Eminent Domain or Power of
Expropriation – it is the power of the
state to take possession of private
property for public purpose and after
payment of just compensation.
 Power of Taxation - the power of the
state to enforce proportionate
contributions from the people for support
MODES OF ACQUIRING TERRITORY

Discovery - a discovery of a
particular portion of the
earth’s surface coupled with
occupation . A discovery
without occupation will not
make the discover the owner
thereof.
Prescription – the continued and
interrupted occupation of a
Accretion – it is the process where
the land area of a state caused
by the operation of either the
forces of nature, or artificially
through human labor, is
increased.
 Cessation - is a bilateral
agreement whereby one state
transfers to another state a
definite portion of its territory by
means of force.
FORMS OF GOVERNMENT
Democracy – comes from the
Latin terms ‘demos’ ‘kratos’.
It is a form of government
wherein the power or
sovereignty is exercised and or
resides in the people. It may be
classified as pure or
representative democracy.
Aristocracy – a form of
government wherein the
power is exercised by a
limited few or the so-called
elite. It is always regarded
as the privileged class.
Monarchy – a form of
government wherein the
power or sovereignty is
exercised by one person
only, usually a king or a
queen. It could either be
absolute or limited
monarchy.
Parliamentary – a form of
government wherein the
President serves as nominal or
titular head. It is the Prime
Minister that runs the affairs of
the State. He is directly
accountable to the people.
Under this system the ministry
is legally responsible to
Presidential – a form of
government wherein the
President is the chief executive
of the state and independent of
the legislature with respect to
his tenure .acts and policies.
Federal – a form of government
where the power of the state is
divided into two namely:
national for national affairs
and local for local affairs. Each
organ is independent in its
own sphere.
Military – a form of government
established and controlled by
Revolutionary – a form of
government wherein the
State is obtained by
means of force.
De Jure – a form of government
that is founded on existing legal
or constitutional basis
 De Facto – a form of government
that is not founded on
constitutional law .It exist in fact
but not in law.
 Civil – a form of government that
is run by elected civilian officials
 
STATE DISTINGUISHED FROM
GOVERNMENT

Many regard these two terms as

identical. It is the considered view that
the acts of the government ( within the
prescribed limits of the delegation of
powers ) are the acts of the state.

Legally, the government is the agent

through which the will of the state is
carried out. The state cannot exist
without the government but it is
CONCEPT OF CONSTITUTION

Meaning of Constitution
According to Judge Cooley, a
constitution is a body of rules
and maxims in accordance with
which the power of sovereignty
is habitually exercised.
PURPOSE OR FUNCTION OF
CONSTITUTION
To prescribe the permanent
framework of the system of
government assigned to the
different departments their
respective powers and duties, and
established certain fixed first
principles on which the
government is founded and
To promote public welfare, which
involves the safety, prosperity,
health, and happiness of the
KINDS OF CONSTITUTION
 Written or rigid – is one, the
provisions of which have been
reduced to writing and embodied in
one or more instruments at a
particular time. Example: Philippine
and U.S Constitutions
 Unwritten or flexible – is one which
has not been committed to writing at
any specific time but is the collective
product and accumulation of
customary rules, judicial decisions,
REQUISITES OF A GOOD
WRITTEN CONSTITUTION
 Broad – because it must outline
an organization of the
government for the whole
State.
  Brief – because its nature
requires that only its great
outlines should be marked. Its
important objects designated
and the ingredients which
TWO STEPS AMENDING OR
REVISING A CONSTITUTION
 Proposal – may be made by
 Congress

 Constitutional Convention
 People’s initiative

 Ratification – which means the

submission of the draft constitution to
the electorate. A proposal made by the
people’s initiative requires at least 12%
of the entire electorate and 3% must
come from every legislative district.
PREAMBLE
 Meaning
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
ARTICLE 1: NATIONAL TERRITORY
 Section 1: The national territory
comprises the Philippine archipelago, with
all the islands and waters embraced
therein, all other territories over which the
Philippines has sovereignty or 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 island of the archipelago, regardless
of their breadth and dimensions, from the
 The United Nations International
Convention in Geneva defined the
five kinds of water in relation to
the territorial jurisdiction of an
archipelago state:
 Internal Water – the water around
connecting and those that are in
between the islands regardless of
their breadth and dimensions.
 Territorial Sea – is a belt of water
outside of the archipelagic baselines
and adjacent to the archipelagic
waters. The archipelagic state has a
right to establish the breadth of its
territorial sea, not exceeding 12
nautical miles measured from the
baselines. The archipelagic state has
sovereignty over the territorial sea,
the air space above it, and the bed
and subsoil of such sea.
The Philippine Territorial
Jurisdiction comprises:
 Terrestrial – jurisdiction over
bodies of land
 Fluvial - jurisdiction over
maritime and interior waters
 Aerial – jurisdiction over
atmosphere
 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, the control necessary to
prevent and punish
infringements of its customs,
 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
 Continental Shelf – is the
seabed and subsoil of the
submarine areas that extend
beyond its territorial sea
throughout the natural
prolongation of its 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 edges
THE NEW LAW ON THE SEA
The Convention on the Law of
the Sea ( under the
sponsorship of the United
Nations) signed in Jamaica on
December 10, 1982 fixes a 12
mile territorial sea limit and
establishes an economic zone
from the baselines. It adopts
and recognizes the
archipelagic principle but set
….right of the ships of other
states to pass though the
territorial sea as well as
archipelagic waters and
respect for rights of
innocent passage and
passage through
archipelagic sea lanes
 ARTICLE II
DECLARATION OF PRINCIPLES AND POLICIES

Section 1. The Philippines

is a democratic and
republican state.
Sovereignty resides in
the people and all
government authority
emanates from them.
Section 2. The Philippines
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,
  A republican government is a
democratic government by
representatives chosen by the people
at large. The essence therefore, of a
republican state is indirect rule. The
people have 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
Renunciation of war as an instrument of national
policy is the first aspect of the declaration. Its
accordance with the principle in the United
Nations Charter binding all members to ‘refrain
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
 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 or
property 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
CLASSES OF RIGHTS
1. Natural Right – possessed by every
citizen confused upon him by God as
a human being. Example: right to
life, right to love.
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
CLASSES OF CONSTITUTIONAL
RIGHTS
1. Civil Rights – right which the
law enforces to private
individual for the purposes of
security to them the enjoyment
of their means of happiness.
2. Political Right – right of the
citizen to participate directly or
indirectly in the establishment
of or administration of the
government.
3. Social and Economic Right –
it is intended to insure the
well being and economic
security of the individual.
4. Right of the Accused –
intended to protect persons
accused of any crime. They
are the (civil) rights intended
for the protection of a person
accused of any crime.
Example, right against self –
Due process
Concept: Due process of law is law,
which hears before it condemns and
proceeds upon inquiry before
rendering judgment. Under the
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 Law
1. Procedural due process of law
2. Substantive due process of law
Section 2. The right of the people
to be secure in their persons,
houses, papers and effects
against unreasonable searches
and seizures of whatever nature
and for any purpose shall be
inviolable and no warrant shall
issue except upon probable cause
to determined personally by the
judge after examination under
oath or affirmation of the
complaint and the witnesses he
Search Warrant
is an order in writing, issued in the
name of the people of the Philippines,
signed by a judge, directed to the police
officer, commanding him to search for
personal property and to 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 a judge, directed to the police
officer, commanding him to arrest a
 REQUISITES FOR VALID SEARCH
WARRANT OF ARREST
1. Probable Cause
2. To be determine personally by
the judge
3. After examination under oath
or affirmation of the
complaint and his witnesses
4. Particularly describing the
place to be search and the
 RULES IN THE CONDUCT OF ARREST

1. When in the presence of the

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
indicating that the person to be
arrested has committed it; &
 When the person to be
arrested is a prisoner who
has escape from a penal
establishment or place
where he is serving final
judgment or temporarily
confined while his case is
pending or has escape while
 SECTION 3:
 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
 Section 3
1. Right to privacy of the
communication
2. Any evidence obtained in
violation of this or the
proceeding section shall
be inadmissible for any
purpose in any
proceeding.
 Right to privacy is concisely
defined 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
market value of the property at
the time of the taking.
 Rights of the Accused
in Criminal Cases
1. To adequate legal
assistance
2. To be informed in his right
to remain silent
3. Right against the use of
torture, violence or any
other means which vitiates
the free will
4. To bail and against the
excessive bail
6. To be informed of the nature and
cause of the accusation against
him
7. To have speedy, impartial and
public trail
8. To meet the witness face to face
9. Right against self – incrimination
10. Right against double jeopardy
Section 21. No expost
facto law or bill of
attainder shall be
enacted
An expost facto law is one which
operating retrospectively makes an act
done before that passage of the law
and punish such act, aggravates a
crime or makes it greater that it was
committed, changes the punishment
and inflicts greater punishment and
alters the legal rules of evidence and
receives less testimony than the law
required at the time of commission of
the offenses, in order to convict the
offender.
 ARTICLE IV
CITIZENSHIP
Section 1. The following are the
citizens of the Philippines:
1. Those who are citizens of the
Philippines at 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 Philippine citizenship
upon reaching the age of
majority; and
4. Those who are naturalized in
accordance with the law
 MEANING OF CITIZENSHIP
1. Citizenship is a term denoting
membership of a citizen in
political society, which
membership implies,
reciprocally, a duty of
allegiance on the part of the
member an duty of protection
on the part of the state.
 GENERAL WAYS OF ACQUIRING
CITIZENSHIP
1. Involuntary method – by birth,
because blood of relationship or
place of birth;
2. Voluntary method – by
naturalization, except in case of
collective naturalization of the
inhabitants of a territory which
takes place when it is ceded by
one to another as a result of
 CITIZENS BY BIRTH
There are two principles or rules that
govern citizenship by birth, namely;

1. Jus Sanguines – relationship by blood

is the basis of the acquisition of
citizenship under this rule. The
children follow the citizenship of
both of the parents or one of them.
This is the predominating principle in
then Philippines.
 Jus Soli or Jus Loci – place of
birth as the basis for acquiring
citizenship under this rule. A
person becomes a citizen of the
state where he or she is born
irrespective of the citizen of
the parents. This principle
prevails in the United States.
 WAYS OF ACQUIRING CITIZENSHIP
THROUGH NATURALIZATION

1. By the judgment of the court – the

foreigner who wants to become a
Filipino citizen must first apply for
naturalization with the proper
Regional Trial Court. He must have
all the qualifications and none of the
qualifications provided by law, and
must comply with all the procedure
and conditions prescribed.
 By direct act of Congress
– in this case, our law
making body simply
enacts an act directly
conferring citizenship on
a foreigner.
 ARTICLE V
SUFFRAGE
Section 1. Suffrage may be exercised 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 Philippines for
at least one year and in the place
wherein they proposed to vote for at
least six months immediately
proceeding the election. No literacy,
property, or other substantive
 MEANING OF SUFFRAGE

Suffrage is the right and

obligation to vote of qualified
citizens in the election of
certain of national and local
officers of the government
and in the decision of public
questions submitted to the
people.
 NATURE OF SUFFRAGE
1. A mere privilege- suffrage is not a
natural rights of the citizens but
merely privilege given or withheld by
the law making power subject to
constitutional limitation.
2. A political 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 form the consent of the
 SCOPE OF SUFFRAGE
1. Election- it is a means by
which the people choose their
officials for definite and fixed
periods and to whom they
entrust, for the time as
Election- their
representatives, the exercise
of powers of government;
2. Plebiscite- it is the name
given to a vote of the people
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 a country for
their ratification or rejection.
4. Initiative- it is the process
whereby the people directly
propose and enact laws.
5. Recall- it is the method by which
a public officer maybe removed
form office during his tenure or
 QUALIFICATION OF VOTERS
He must be:
1. A citizen (male or female) of the
Philippines;
2. Not otherwise disqualified by the
law;
3. At least eighteen (18) years of
age; and
4. Have resided in the Philippines
for at least six (6) months
 Section 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 Filipinos 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
 ARTICLE VI
LEGISLATIVE DEPARTMENT
 Legislative power- the authority
under the Constitution to make
laws and to later and repeat them.
 Laws- refers 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- powers which the
Constitution expressly directs or
authorizes Congress to exercise like the
power to choose who shall become the
President 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 of war, to impose
3. Implied Powers- those
essential or necessary to the
effective exercise of the
powers expressly granted,
like the power to conduct
inquiry and investigation in
aid of legislation, to punish
for contempt, to determine
the rules of its proceedings.
4. Inherent Powers- powers
which are possessed and can
 THE SENATE
Composition and Election-
it is composed of 24 senators
who are elected at large by
qualified voters, as may be
provided by law.
Term of Office- six (6) years
 QUALIFICATION OF A
SENATOR
A natural born citizen of the
Philippines
 At least 35 years of age on the date
of the election day
 Able to read and write
 A registered voter
 A resident of the Philippines for not
less than two (2) years immediately
proceeding the election day
 Maximum terms- a Senator
is disqualified to serve for
more than two 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 Congressmen; elected from
legislative or congressional
districts and through party-list
system.
Term of Office- three (3) years
Qualifications- a
representative must be :
-A natural born citizen of the
Philippines
-At least 25 years of age on the
election day
-Able to read and write
-Except for party-list
representative, a registered
voter
 COMPOSITIONS,
ELECTION/SELECTION AND
CLASSIFICATION OF MEMBERS

1. The Constitution limits to

250 the maximum numbers
of members the House of
Representatives may have.
2.The House of Representatives
shall be elected from
legislative districts and
through party-list system of
registered national, regional
and sectoral parties or
organizations. The party-list
representatives shall
constitute the 20% of the
number of representatives in
3. The members of the House
of Representatives may be
classified into district, party-
list, and sectoral
representatives.
Kinds of Election for Members of
Congress
1. Regular Election
2. Special Election
Compensation
Php 160,000.00-Php 180,000.00
annually. Any increase of their
salary can effect only after the
expiration of full-term of the
STEPS IN PASSAGE OF THE BILL

1. First reading
2. Referral to appropriate
committee
3. Second reading
4. Debates
5. Printing and Distribution
6. Third reading
7. Referral to the other house
8. Submission to join
bicameral committee
9. Submission to the
President
 ARTICLE VII
EXECUTIVE DEPARTMENT

Section 1. The executive power

shall be vested in the President
of the Philippines.

Executive Power- define as the

power to administer.
Section 2. No person may be
elected as president unless
he is natural born of the
Philippines.
QUALIFICATIONS OF THE PRESIDENT
AND VICE-PRESIDENT:

1. Natural born citizen of the

Philippines
2. Registered voter
3. Able to read and write
4. At least 40 years of age
5. Resident of the
Philippines for at least 10
Section 3. There shall be vice-president
who shall have the same
qualifications and term of office and
be elected with and in the same
manner as the president.
Reasons for Prohibition against Re-
election of President
1. A president seeking a second term is
vulnerable to constant political
pressure from those whose support he
must preserve has to devote his time
and energy to consolidate this
political support.
2. A president who seeks a second term
3. A president seeking re-election
will even use public funds for the
purpose even to the extent of
making the government bankrupt.
4. The prohibition also widens the
base leadership.
5. The ban will put an end or at least
hamper the establishment of
political dynasties.
6. The six year term will give the
president a reasonable time within
which implement his plans and
programs of government.
 POWERS OF THE PRESIDENT

1. Appointing power
President must appoint
the following:
 Heads of the executive
department
 Ambassadors
 AFP officers
 Chairman and members of
the Independent
2. Power to revoke any
appointments made by the
acting president
3. Power of control over all
executive department etc.
4. Military Power
5. Power to grant reprieve,
commutations and pardons
6. Power to contract and
guarantee foreign loan
7. Power to enter into treaties
or the international
agreement
8. Budgetary power
9. Power to address the
 ARTICLE VIII
JUDICIAL DEPARTMENT

 Section 1. The judicial power

shall be vested in one
Supreme Court and in such
lower courts as may be
established by law.
 Meaning of Judicial Power
 Judicial power is the power to
apply the law to contests and
disputes concerning legally
recognized rights or duties
between the state and
private person or between
individual litigants in case
properly brought before the
 SCOPE OF JUDICIAL POWER

1. Adjudicatory power- it
includes the duties:
a. to settle actual controversies
involving rights are legally
demandable and enforceable
b. to determine whether there has
been a grave abuse of discretion
amounting to lack or excess
jurisdiction on the part of any
branch or instrumentality of the
government.
2. Power of Judicial Review
a. to pass upon the validity or
constitutionality of the laws of
the State and acts upon the
other departments of the
government.
b. to interpret them
c. To render binding judgment
3. Incidental Powers- it likewise
includes the incidental powers
necessary to the effective discharge
of the judicial functions
Section 4. (1) The Supreme Court shall
be composed of a Chief Justice and
14 Associate Justices. It may sit en
banc or in its discretion, in divisions
of three, five, seven members. Any
vacancy shall be filled within 90 days
from the occurrence thereof.
 QUALIFICATIONS FOR MEMBERS OF THE SUPREME
COURT AND ANY LOWER COLLEGIATE COURT

 1. He must be a natural-
born citizen of the
Philippines, a naturalized
citizen may not be
appointed.
 2. He must be at least
forty (40) years of age
 3. He must have, for fifteen (15)
years or more, been a judge of a
lower court or engaged in the
practice of law in the Philippines
 4. He must be a person of
proven competence, integrity,
probity and independence
 ARTICLE IX
CONSTITUTIONAL COMMISSION
 A. Common Provisions
Independent Constitutional
Bodies
The Three Constitutional
Commission are:
1. Commission on Civil
Service
2. Commission on Audit
 COMMON FEATURES
1. They are all multi-
headed bodies
2. They are categorized
as independent by
constitution.
3. Their powers and
functions are defined in
4. The commissioners are required
to be natural-born citizens of the
Philippines./
5. Their term of office is staggered
with two years interval.
6. The commissioner appointed are
ineligible for reappointment for a
period beyond the maximum
tenure of seven years.
7. Appointment of any vacancy is
only for the unexpired portion of
the term of the predecessor.
8. The commissioners cannot be
appointed or designated in the
temporary or acting predecessor.
9. The commissioners are
removable only by impeachment.
 THE CIVIL SERVICE COMMISSION

 Composition of Civil Service

Commission
It is composed of a chairman and
two commissioners. It is envisioned
to enhance its independence on the
theory that it will be more resistant
to political pressure or influenced
than a body headed by a single
individual. Their terms of office are
for seven years only without
reappointment.
QUALIFICATIONS OF MEMBERS

1. They must be natural-born

citizens of the Philippines.
2. They must be at least thirty-
five years of age at the time of
appointment.
3. They must be persons with
proven capacity for public
administration.
4. They must not have been
candidates for any elective
position in the elections
 The term civil service means that
professionalized body of men and
women who have made of the
government service of a lifetime career.
The scopes of this are every branch,
agency, subdivisions and instrumentality
of the government, including every
government-owned or controlled
corporation with original charter.
COMPOSITION OF COMMISSION
ON ELECTIONS
It is composed of a chairman and
six Commissioners. The 1973
Constitution increase the membership
from three to nine on the theory that
it would make it more difficult for the
Commission to become the captive of
any party or 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 a natural-born citizens

of the Philippines.
2. They must be at least thirty-five
years of age at the time of their
appointment.
3. They must be at least holders of
college degree.
4. They must not have been candidates
for any elective position in the
immediately preceding elections.
THE COMMISSION ON AUDIT

Composition on Commission on
Audit
It is composed of a chairman and two
Commissioners. It is designed to
make it more resistant to pressures
from legislative and executive
branches and other offices of the
Government.
 QUALIFICATIONS OF MEMBERS
1. They must be natural-born citizens
of the Philippines.
2. They must be at least thirty-five
years of age at the time of election.
3. They must be certified public
accountants with not less than ten
years of experience.
4. They must not have been
candidates for any elective position
in the elections preceding their
 ARTICLE X
LOCAL GOVERNMENT
General Provisions
Section 1. The territorial and political
subdivision of the Republic of the
Philippines in the provinces, cities,
municipalities, and barangays. There
shall be autonomous regions in Muslim
Mindanao and the Cordilleras as
hereinafter provided.
 LOCAL GOVERNMENT
Concept
Local government refers to a
political subdivisions of a nation
or state is constituted by law
and have substantial control of
local affairs with officials elected
or otherwise locally selected.
 LOCAL GOVERNMENT UNITS
The local government units are the
following:
1. Province
2. City

3. Municipality
4. Barangay

5. Autonomous regions

these units are also called the political

subdivisions of the country.
POWERS OF LOCAL GOVERNMENTS

The powers of the local

governments are:
1. To have continuous succession in its
corporate name;
2. To sue and be sued;
3. To have use a corporate seal
4. To acquire and convey real or personal
properties;
5. To enter into a contract; and
6. To exercise such other powers as
granted to corporations, subject to
limitations provided by laws.
 ARTICLE XI
ACCOUNTABILITY OF PUBLIC
OFFICERS
Section 1. Public office is a public
trust
Public office - is defined as the right,
authority, and duty created and
conferred by law in a given period
either fixed by law or enduring at the
pleasure of the appointing power.
Public officer – is the individual
invested with some portion of the
 NATURE OF THE PUBLIC OFFICE

1. It is a public trust
because it renders
service to the public.
2. It is not a property for the
holder of the office may
not claim vested right.
3. It is not a contract because one has
no right to sue the government for the
recovery of damages.
 The principle of the public
accountability is emphasized in
this section. All public officers and
servants must consider their
positions as sacred trusts and not
as a means for the achieving of
power and wealth.
SECTION 2. NATURE OF IMPEACHMENT

Impeachment has been

defined as a method of
national inquest into the
conduct of public men. It
aims to protect from
official delinquencies or
malfeasance's.
OFFICIALS REMOVABLE BY IMPEACHMENT

1. The president and the vice –

president
2. Members of the Supreme Court
3. Members of the Constitutional
commissions
4. The Ombudsman
 GROUNDS OF IMPEACHMENT

1. Culpable violation of the

constitution
2. Treason
Ex: a Filipino imposes war in
the Philippine and Comforting
the enemies in the country
3. Bribery. Either direct or
indirect bribery
4. Graft and corruption
5. Other high crimes
6. Betrayal of public trust –
new ground for
impeachment.
SECTION 3. INITIATING AND TRIAL
FOR IMPEACHMENT
House of Representatives
have the sole power to
initiate all cases of
impeachment. The senate
has the sole power to try
all cases of impeachment.
PROCEDURE IN IMPEACHMENT
CASES

1. Filing of verified compliant in

the House of Representative
2. Trial by the Senate
The members of are required
to be under oath or
affirmation
3. Requirements for conviction
To convict an officer, at least 2/3 of all
members of Senate agreeing are
necessary
☺ The only penalty to imposed in an
officer is limited “to removal from
office and disqualification to hold any
office under the Republic of the
Philippines“. If a criminal offenses has
been committed, the party convicted
is still liable to prosecution, trial and
punishment.
☺ The power of the president to grant
reprieves, commutations and pardons
 Section 4. Anti – Graft known as
Sandiganbayan

The Sandiganbayan was a

special court created by the
Batasang Pambansa
under the 1973 Constitution.
 SECTION 5. OFFICE OF THE
OMBUDSMAN TO BE KNOWN AS
TANODBAYAN.
Tanod bayan is a coined term in
Filipino which literally means
“guardians of the Nation“. It is
categorized like the three
Constitutional Commissions as
independent. It is known as the
Office of the Special Prosecutor.
SECTION 8. QUALIFICATIONS OF
OMBUDSMAN DEPUTIES
They must be:
1. The natural born citizens of the Philippines
2. At least 40 years old at the time of
appointment
3. Persons with recognized probity and
independence
4. Members of the Philippine Bar
5. Not have been a candidate for any
elective office in the preceding election
SOCIAL JUSTICE AND HUMAN RIGHTS

Labor
Section 3
The state shall afford full
protection to labor, local and
overseas, organized and
unorganized and promote full
employment and equality of
employment opportunity for
 It shall guarantee the rights of all workers to
self-organization, collective bargaining and
negotiations, and peaceful concerted
activities, including the right to strike in
accordance with law. They shall be entitled
to security of tenure, humane conditions of
work and a living wage. They shall also
participate in policy and decision-making
processes affecting their right and benefits
as may be provided by law.
Education
 Section 3. (1) All educational institutions
shall include the study of the
Constitution as part of the curricula.
 1. inculcate patriotism and nationalism
2. foster love of humanity
3. respect for human rights
4. appreciation of the role of national
heroes in the historical development of
the country
5. teach the rights and duties of citizenship
6. strengthen ethical and spiritual values
7. develop moral character and personal
discipline
8. encourage critical and creative thinking
9. broaden scientific and technological
knowledge
10. promote vocational efficiency
 ARTICLE XV-THE FAMILY
In article 52 of the Civil Code, “Marriage
is not a mere contract but an inviolable
social institution
 Requisites of a Valid Marriage
1. Legal capacity of the contracting
parties
2. Consent Freely Given
3. Authority of the solemnizing officer
4. Marriage License
5. Public Ceremony
 
Thank you!!!