General Education: Social Science

POLITICS AND GOVERNANCE WITH PHILIPPINE CONSTITUTION

Politics and Governance with the Philippine Constitution

Political Science defined
 Political science is the systematic study of the State and Government. The word political is derived from the
Greek word ‘polis’ meaning a city-state ,and the word ‘science’ comes from the Latin word ‘scire’ meaning to
know. Literally, therefore, political science means the study of the city-state. Aristotle was considered the
Father of Political Science.
 Political Science is also defined as a science dealing with the systematic study of the state in its essential
nature, form, manifestation, organization and development. It deals with the basic knowledge and
understanding of the state, as well as the principles and ideologies underlying its organization and activities.

Fields of Political Science

 Political theory – the study of theories and doctrines on the origin, form, behaviour and purposes of the state
and government. It is also called political philosophy as it deals with political ideas and thoughts of
philosophers concerning political phenomena.
 Public law – the field of political science focused on the study of legal rules and principles governing states,
governments and individuals as they relate with one another.
 Government – this field studies the structure and functions of both national and local governments within the
contest of one state or one country.
 Comparative Government – deals with the critical and in-depth study of the macro-politics of different states.
 International Relations – study of foreign policies of countries, international organizations, and international
law.
 Public Administration – deals with the actual management of the government in the realms of administrative
organization, personnel and human resource management, fiscal management and public relations.
 Public Policy – concerned with the assessment and evaluation of the various policies pursued by the
government in areas like education, defense and health.
 Political dynamics – deals with critical inquiries into the various societal forces that exert influence on political
decision and action.
 Government and Business – looks into the governments exercise of corporate or business function, as well as
its regulatory function that affect the economy of the state.
 Legislature - focuses on the essential role played by the law-making body in rule-making as well as the politics
behind legislation.
 Geopolitics - critically analyzing the influences of population, resources, and the physical environment of the
country on its local and international politics.

Values and Uses of Political Science

 Awareness of the importance and Impact of government on people’s live
 Education for Citizenship
 Development of Civic values
 A Preparation for Various Careers and Professions

WHAT IS POLITICS?

 Politics are activities associated with the governance of a country especially the struggle between parties
hoping to achieve power.
 Politics is the study of shaping and sharing of power
 It is the study of power and the powerful, of influence and influential, of rulers and ruled, and of authority and
authoritative.
 It is the art and science of governance, the means by which the will of the people is arrived at and
implemented.
 The capacity to say no to something dangerous and inimical to the interest of the public.
 It is the pursuit and exercise of political power vital in making policy decisions binding for the community, and
in distributing patronage and other government benefits.

IMAGES OF POLITICS IN THE PHILIPPINES

 Boardroom Politics – This politics involve decision-making by business executives and professionals with
crucial consequences for the people. ( Ex. When Makati businessmen decided to support Arroyo during the
impeachment trial of Pres. Joseph Estrada, boardroom politics is in place)

 Bureaucratic Politics – It involves rule making and adjudication by government bureaucrats. (Ex. Decision by a
Department Secretary on awarding a bid to a certain publishing company involves bureaucratic politics.)
  Congress Politics – This image of politics involves making of policies by senators and congressmen that
affects both private and public interests. (Ex. The passage of laws by our legislators favouring some sectors
is typical of congress politics).
 Chief Executive Politics – This image of politics is dominated by the Pres. Of the Philippines and local
government executives owing to their exercise of discretionary power. (Ex. Pres. GMA pressuring Congress to
pass the expanded value-added tax law is demonstrating this image of politics)
 Courtroom Politics – Image of politics consisting of orders and decisions made by prosecutors, justices, and
judges in response to various interest groups and aggrieved individuals. (Ex. When the Supreme Court delays
coming out of a ruling on a Congressional action, it is courtroom politics).
 Multi-media Politics – Refers to the shaping of public opinion on issues of concern in society by the
newspapers, radio and televisions and other forms of mass media.
 Faith-based Politics – Pertains to decisions made by religious leaders and congregations which have political
implications. (Ex. Decision of Minister Eraneo Manalo of INC on who to support during elections is a typical
illustration of faith-based politics).
 Game of the General Politics – Involves premeditated actions and decisions of police and military officers and
men to effect change in the political arena. (Ex. Decision of the military to cooperate with Enrile and Ramos
during the EDSA People Power.)
 Civil Society Politics – The pro-active lobbying of course-oriented groups, PO’s and NGO’s to influence
decision-making y government leaders.(Ex. Rallies, Demonstrations, etc)
 X-Men Politics – People who do not directly take part in politics but are actively engaged in fixing self-serving
political decisions. (Ex. Chinese businessmen giving campaign funds to prominent candidates during elections
in the hope that their interests will be protected in return.)

THE CONCEPT OF GOVERNANCE

GOVERNANCE is the exercise of political, economic and administrative authority in the management
of a country’s affairs at all levels. It is decision-making and the exercise of power and authority so that the society is
able to manage its developmental processes and resolve social conflicts.

Prescriptions for Good Governance (Dannug & Campanilla, 2004)

o Transparency of Government
There is a need for the people to be informed of the decision made by the state and the reasons for
these decisions.

o Simplicity of Procedures
For the government to cater to the need of the people, administrative procedures have to be made as
simple as possible. Red tapes and corruption in government can be avoided once procedures are simplified.

o Responsibility
The need to make public officials and employees cognizant of their accountability and punish them for
offenses has become a necessity today.

o Fight Against Corruption

As corruption is a deterrent to a healthy and efficient management of the economy, it has to be
addressed and eradicated.

o Individual Freedom and Collective Expression

As press freedom is a vital vanguard of democracy, it has to be guaranteed and safeguarded.

o An Independent Judicial System

The Supreme Court and the other lower courts have to be freed from pressures and interventions
from politicians and other organizations. This is very crucial in ensuring that decisions made by courts are
fair, reasonable, independent and objective.

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 ).

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 up on 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 the mother. By natural stages, the family grew into a clan , then developed into a
tribe which broadened into a nation becomes a state.

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  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
justifies the right of the people to revolt against a bad ruler.

Functions of the state

 Constituent – those which constitute the bond of society and are, therefore compulsory in nature.
 Ministrant – those undertaken only by way of society , and are therefore options of such as pub lic works,
publication, public charity, health and safety regulations and regulation of trade and commerce.
Concept of nation
 A nation is a group of persons occupying a portion of the territory sharing the same language, culture, tradition
and history.
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.
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 of
all government programs and services.

Elements of the state

 The state has four essential elements; namely:
 People. Refers to the entire body of citizens invested with political power for political purposes. It is the
most important element of the state.
 Territory. The geographical area under the jurisdiction of the state. The territory of the state may fall under
each of the following domains; terrestrial; fluvial; maritime; aerial. Our country has a total land area of
299,681 square kilometres.
 Government. The formal institution through which the people are ruled. It includes the individuals and
organizations that make, enforce and apply political decisions or a society. It is the agency thru which the
will of the state is expressed and implemented.
 Sovereignty. The vital element of the state to command, and enforce obedience to its will from the people,
within its territorial jurisdiction and to have freedom from external control.
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 legislature and consequently to the electorate.
 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 military authorities over a beleaguered state.
 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 exists in fact but not in law.
 Civil – a form of government that is run by elected civilian officials

State distinguished from government

 Many political science writers widely 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,
however, under the contract of agency, 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 possible to have a government without a
state.
Concept of constitution

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  Meaning of Constitution
o 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 people.
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, dicta of statements and legislative enactments
of fundamental character written but scattered in various records without having any compact form in writing.

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 compose those objects be reduced.
Two steps amending or revising a constitution
 Proposal – may be made by
o Congress
o Constitutional Convention
o 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
o 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. (Watson,
Const.Vol I p.92)
 The Philippine Territorial Jurisdiction comprises:
o Terrestrial – jurisdiction over bodies of land
o Fluvial - jurisdiction over maritime and interior waters
o Aerial – jurisdiction over atmosphere

The United Nations International Convention in Geneva defined the five kinds of water in relation to the territorial
jurisdiction of an archipelago state:
o Internal Water – the water around connecting and those that are in between the islands regardless of
their breadth and dimensions.
o 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.
o 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, fiscal, immigration or sanitary laws and regulations
within the territory or territorial sea.
o 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 sea bed and subsoil.
o 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 of which sink considerably until the great ocean depths are reached.

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

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 adopts and recognizes the archipelagic principle but set forth limitations thereon consisting of respect for 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 subject to the promulgation by local authorities
by pertinent rules and regulations.

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.

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 people who remain as the ultimate source of political power and
authority.

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, justice, freedom, cooperation
and amity wit all nations.

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

In our contemporary setting when our country is beset by formidable or social and economic problems of mass
poverty and massive unemployment, the above principle is most proper and timely. For self preservation and to
defend its territorial honor and integrity, the Philippines can engaged in a defensive war. The defense of the state
is one of the duties of a citizen.

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the blessings of
democracy.
Only when peace and order, security, and a life of dignity are established and maintained, will
political stability and economic prosperity become attainable and the people truly enjoy the blessings of
independence and democracy.

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.

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.
Foreign policy is the basic direction underlying the conduct by a State of its affairs vis-a-vis those of
other States. It is a set of guidelines followed by a government of a country in order to promote its
national interest thru the conduct of its relations with other countries.

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

The intent of this section is to forbid the making, storing, manufacture or testing in our country of
nuclear weapons, devices or parts thereof as well as the use of our territory as dumping site for
radioactive wastes and the transit within our territory of ships or planes with nuclear weapons. It does not
however prohibit the use of nuclear energy for medicine, agriculture and other peaceful or beneficial
purposes.

Section 9. The State shall promote a just and dynamic social order that shall ensure the prosperity and
independence of the nation and free the people from poverty thru policies that provide adequate social
services, promote full employment, a rising standard of living, and an improved quality of life for all.
A just and dynamic social order can be accomplished thru policies that provide adequate social
services, in the field of health, education, housing, etc. And to promote full employment, and solving the
problems of mass poverty.

Section 10. The State shall promote social justices in all phases of national development.

This policy mandates the State to promote social justice in all phases of national development. In the
fulfilment of this duty, the State must give preferential attention to the welfare of the less fortunate
members of the community—the poor, the under privelege, those who have less in life.

Section 11. The State values the dignity of every human person and guarantees full support for human
rights.
In a democratic State, the individual enjoys certain right which can not be modified or taken away by
the law making body. These rights are recognized or guaranteed because of the belief in the inherent
dignity and worth of every human person.

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as
a basic autonomous social institution. It shall equally protect the life of the mother and the life of the
unborn from conception. The natural and primary right and duty of parents in the rearing of the youth
for civic efficiency and the development of moral character shall receive the support of the government.
The government may not enact any law or initiate measures that would break up or weaken the family
as a social unit, or in the guise of protecting the family, interfere in purely internal family matters which
do not involve the social order or any public policy.

Section 13. The State recognizes the vital role of the youth in nation building, and shall promote and
protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic affairs.
The bulk of the population is made up of the youth, nearly half of it comprising young people who
are 15 years old or younger. Today’s younger citizenry are better educated and far more well-informed
and articulate and politically conscious. By a harnessing their enterprising spirit and progressive idealism,
young people can become effective players in our collective efforts to build a modern Philippines.

Section 14. The State recognizes the role of women in nation building and shall ensure the fundamental
equality before the law of women and men.
Filipino women have been involving themselves in worthy causes and activities of national concerns.
They have always been ready to heed the country’s call to service. The traditional view that the role of
women is primarily child-bearing and child-rearing should be abandoned. While the social role of
women as mothers and household managers is recognized. The State shall formulate strategies to expand
women’s participation in non-household nad productive activities.

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

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 Health is defined as the state of physical, social, and mental well-being rather than merely te absence
of physical diseases..The State has an obligation to protect and promote the health of the people. To fulfil
this duty, the state must instill health consciousness among the people.

Section 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.

Section 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.

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

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

Section 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.

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

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

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

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

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

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

Section 27. The State shall maintain honesty and integrity in public service and take positive and
effective measures against graft and corruptions.
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy
of full public disclosures of all its transactions involving public interest.

ARTICLE III – BILL OF RIGHTS

 Bill of Rights – defined as a declaration and enumeration of a person’s 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
 Natural Right – possessed by every citizen conferred upon him by God as a human being.
Example: right to life, right to live
 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.
 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

 Civil Right – right which the law enforces to private individual for the purposes of security, happiness and
enjoyment
 Political Right – right of the citizen to participate directly or indirectly in the establishment of administration
of the government

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  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 accused 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 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 of law

 Procedural due process of law – refers to the method or manner by which the law is enforced.
 Substantive due process of law - are the (civil) rights intended for the protection of a person accused of
any crime. Example: right against self-incrimination, right to have a legal counsel.

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

Life – means something more than mere animal existence

Liberty – denotes not merely freedom from physical restraints. It is not licence or unlimited freedom to
act according to one’s will.
Property - refer to the thing itself or the right over a thing. It includes the right to own, use, transmit,
And even to destroy, subject to the right of the State and of other persons.

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 purposes shall be issued except upon probable cause to be
determined personally by the judge after 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 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 person, that he may be bound o answer for the offense
committed.
Requisites for Valid Search Warrants or Warrants of Arrest
1. It must be issued upon probable cause.
2. The probable cause must be determined personally by the judge himself.
3. The probable cause must be made by the judge after examination of the complainant
and the witnesses he may produce.
4. The warrant must particularly describe the place to be searched, and the persons or
things to be seized.

When Arrest Maybe made without Warrant

A peace officer or a private person, may without a warrant, arrest a person;
a. When, in his presence, the person to be arrested has committed , or actually committing,
or is attempting to commit an offense;
b. When an offense has in fact just been committed and he has personal knowledge of fact
indicating that the person to be arrested has committed it;
c. When the person to arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgement, (an escapee).

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible
for any purpose in any proceedings.
.
 Right to privacy is concisely defined as the right to be left alone. It has also been define as the right of a
person to be free from unwarranted interference by the public in matters which the public is not necessarily
concerned.

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 Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or
of the right of te people peaceably to assemble and petition the government for redress of
grievances.
Freedom of Expression – is the right to freely utter and publish whatever one pleases without
previous restraints, and to be protected against any responsibility for so doing as long as it does not
violate the law, or injure someones character, reputation or business.
Press - covers every sort of publications, newspapers, periodicals, magazines, books, handbills,
leaflets, etc. Radio and televisions as instruments of mass comm. May also be included in the term.

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

Religion – includes all forms of beliefs in the existence of superior beings exercising power over
human beings and imposing rules of conduct with future state of rewards or punishments.

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

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

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

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

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 up on payment of just
compensation to its owner.
 Just compensation – is the fair marked value of the property at the time of the taking..

 Rights of the accused in criminal cases

1. The adequate legal assistance
2. To be informed of his right to remain silent
3. Right against the use of torture, violence or any other means which vibrates 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 have speedy, impartial and public trial
8. To meet the witness face to face
9. Right against self-incrimination
10. Right against double jeopardy

Inherent Powers of Government

1. Power of eminent domain – the right or power of the State to take private property for
public use upon payment to the owner a just compensation to be ascertained according to
law.

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 2. Police power – the power of the State to enact such laws or regulations in relation to
persons and property as may promote public health, public morals, public safety, and the
general welfare and convenience of the people.
3. Power of taxation – the power of the State to impose charges or burden upon persons
property, or property rights for the use and support of the government and to enable it to
discharge its appropriate functions.

Section 10. No law impairing the obligation of contracts shall be passed.

Obligation of contract – the law or duty that binds the parties to perform teir agreement
according to its terms and intent, if it is not contrary to law, morals, good customs, public order or
public policy.
The obligation of contract is impaired when its terms and conditions are changed by
law or by a party without the consent of the other.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.

Constitutional Rights of the Accused in Criminal Cases

1. The right to adequate legal assistance
2. The right to be informed of his right to remain silent or to have counsel (during
investigation of an offense)
3. The right against the use of torture, force, violence, threat, intimidations or any
other means which vitiates the free will.
4. The right against being held in secret, incommunicado, similar solitary detentions
5. The right to bail, and against excessive bail
6. The right to due process of law
7. The right to presumption of innocence
8. The right to be heard by himself and counsel
9. The right to be informed of te nature and cause of the accusation against him
10. The right to have a speedy, impartial and public trial
11. The right to meet the witnesses face to face
12. The right to have compulsory process to secure the attendance of witnesses and
the production of evidence in his behalf
13. The right against self-incrimination
14. The right against detention by reason of political belief and aspirations
15. The right against excessive fines
16. The right against cruel, degrading and inhuman punishments
17. The right against infliction of the death penalty except for heinous crimes
18. The right against double jeopardy

Section 12. (1) No person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person can not afford the services of a counsel, he should be
provided with one. These rights can not be waved except in writing and in the presence of a
counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, incommunicado, or other similar
forms of detention are prohibited.
(3) Any confession or admission obtained in violation of Section 17 hereof shall be
inadmissible as evidence against him.
(4) The law shall provide for penal and civil sanctions for violation of this section
as well as compensation to and rehabilitation of victims of torture or similar practices and their
families.

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 Section 13. All persons, except those charged with reclusion perpetua when evidence of guilt
is strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance.
The right to bail shall not be impaired even the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.

Meaning, Purposes, and Forms of Bail

Bail – is the security required by the court and given for the provisional or temporary release
of a person who is in the custody of the law conditioned upon his appearance before any court as
required under the conditions specified.
The purpose of requiring bail is to relieve an accused from imprisonment until his conviction,
and yet secure his appearance on the trial. The right to bail is granted because in all criminal
prosecutions, the accused is presumed innocent.
Bail may be in the form of cash deposit, property bond, bond secured from a surety company,
or recognizance.

Who may not Invoke the Right to Bail

1. If the applicant is not yet in custody of the law because he went into hiding
and is at large.
2. If the applicant is charged with capital offense or punishable by reclusion
perpetua, life imprisonment or death if evidence of guilt is strong.
3. Under the rules of court, “no bail shall be allowed after the judgement has
become final, or after the accused has commenced to serve his sentence”.

Capital offense – is an offense which under the law existing at the time of its
commission, and at the time of the application for bail, may be punished with
reclusion perpetua, life imprisonment or death.

Section 14. (1) No person shall be held to answer a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused is presumed to be innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and council, to be informed of
the nature of the accusations against him, to have a speedy, impartial, public trial, to
meet the witnesses face to face and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused provided
that he has been duly notified and his failure to appear is unjustifiable

Meaning and Purposes of Arraignment

1). The arraignment is made in open court by the judge or clerk, and consist the furnishing
the accused a copy of the complaint or information with the list of witnesses, reading the same
with the language or dialect known to him and asking him whether he pleads guilty or not
guilty.
2). It is at the stage of arraignment that the accused, for the first time, is granted the
opportunity to know the precise charge that confronts him.

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

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

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

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

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 This is a protection against self incrimination which may expose a person to criminal liability.
If the party is thus required to testify, he would be placed under the strongest temptation to
commit the crime of perjury. The constitutional guarantee protects as well the rights of the
accused to silence, and his silence meaning his failure or refusal to testify, may not be use as a
presumption of guilt or taken as evidence against him.

Section 18. (1) No person shall be detained solely by reasons of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.

Involuntary servitude demotes a condition of enforced, compulsory service to one another. It

has been applied to any service or labor which is not free, no matter under what form shall
service may have been rendered. It includes;
a. Slavery –the state of entire subjection of one person to the will of another;
b. Peonage – voluntary submission of a person to the will of another because of his
debt.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereby provide for it. Any death penalty already imposed shall
be reduced to reclusion perpetua.

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

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Debt – any liability to pay money arising out of a contract, express or implied.
Poll tax – a tax of a fixed amount imposed on individuals residing within a specified
territory, whether citizen or not, without regard to their property, or the
occupation in which they may be engaged. The community tax
(formerly residence tax) is in the nature of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar
for another prosecution for the same act.

Right against double jeopardy – means that when a person is charged with an offense and the
case is terminated either by acquittal or conviction or in any manner without the express
consent of the accused, the latter can not again be charge with the same or identical offense.

Section 22. 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 the passage of the
law and punish such act as aggravates a crime or makes it greater than 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.
 A bill of attainder is a legislative act, which inflicts punishment without a judicial trial.

ARITICLE IV – CITIZENSHIP

Section 1. The following are the citizens of the Philippines

 Those who are citizens of the Philippines at the time of the adoption of this Constitution .
 Those whose fathers and mothers are citizens of the Philippines.

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  Those born before January 17, 1873 of Filipino mothers, who elect Philippine citizenship upon reaching
the age of maturity, and
 Those who are naturalized in accordance with the law.
 Meaning of citizenship
 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 and duty of protection on the part of the
state.
 General Ways of Acquiring Citizenship
 Involuntary method – by birth because blood of relationship or place of birth, and
 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 conquest or treaty.
 Citizenship by Birth
o There are two principles or rules that govern citizenship by birth, namely:
 Jus Sanguinis – relationship by blood is the basis of the acquisition of citizenship under
this rule. The children follows the citizenship of both of the parents or one of them. This is
the predominating principle in the Philippines.
 Jus Soli or Jus Loci – place of birth as the basis for acquiring citizenship under this rule.
Naturalization – is the act of formally adopting of a foreigner into the political body of the State and
clothing him with the rights and privileges of citizenship. It implies the renunciation of a former
nationality and the fact of entrance to a similar relation towards a new body politic
 Ways of Acquiring Citizenship through Naturalization
o By the judgement 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 as
provided by law and must comply with all the procedures and conditions prescribed.
o By direct act of Congress – in this case, our law making body simply enacts an act directly
conferring citizenship on a foreigner.
Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform
any act to acquire or perform their Philippine citizenship. Those who elect Philippine citizenship in
accordance with paragraph 3, Section 1 hereof, shall be deemed natural born citizens.

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

Citizenship maybe reacquired:

a) By naturalization (Provided the applicant possesses no disqualifications providd in
the naturalization law.
b) By repatriation of deserters of the Philippines Armed Forces, and women who lost
their citizenship by reason of marriage to an alien, after the termination of their
marital status.
c) By direct act of the Congress of the Philippines

A Filipino Citizen May Loss his Citizenship in any of the following ways or events;
1. Voluntarily
a. By naturalization in foreign country
b. By express renunciation of citizenship
c. By subscribing to an Oath of Allegian to support the consti and laws of a
foreign country
d, By rendering service to the armed forces of a foreign country

2. Involuntary
a. Cancellation of his certificate of naturalization
b. Having been declared by competent authorities, a deserter in the AFP in
time of war
3. Expatriation – the voluntary loss of ones Voluntarily
d. By naturalization in foreign country
e. By express renunciation of citizenship
f. By subscribing to an Oath of Allegian to support the consti and laws of a
foreign country
d, By rendering service to the armed forces of a foreign country

4. Involuntary

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 c. Cancellation of his certificate of naturalization
d. Having been declared by competent authorities, a deserter in the AFP in
time of war

Expatriation – the voluntary loss of ones nationality

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

Section 5. Dual citizenship of citizens is inimical to the national interest and shall be dealt
with by law.

DUTIES AND OBLIGATIONS OF CITIZENS

1. To be loyal to the Republic
2. To defend the State
3. To contribute to the development and welfare of the State
4. To uphold the Constitution and obey the laws
5. To cooperate with duly constituted authorities
6. To exercise rights responsibly and with due regard for the rights of others
7. To engage in gainful work
8. To register and vote

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 requirement shall be imposed on the exercise of suffrage.
 Meaning of Suffrage
o Suffrage is the right and obligation to vote of qualified citizens in the election of certain national
and local officers of the government and in the decision of public questions submitted to the
people.
 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 their representatives, the exercise of powers of government.
2. Plebiscite – it is the name given to a vote of eh people expressing their choice for or against a
proposed 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 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 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 of the qualified voters.
 Qualifications of Voters: He must be
1. A citizen (male or female) of the Philippines
2. Not otherwise disqualified by law
3. At least eighteen(18) years of age; and
4. Have resided in the Philippines for at least six(6)months preceding the election

Section 2. The Congress shall provide a system for securing the secretary 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 the existing laws and such
rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

ARITICLE V – LEGISLATIVE DEPARTMENT

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

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  Legislative Power – the authority under the Constitution to make laws and to later
 Laws – refers to statutes, which are the written enactments of eh 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 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 taxes, to impeach, to acr as constituent
assembly.
3. Implied Power – that which is 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 Power – power which is possessed and can be exercised by every government because it
exists as an attribute of sovereignty.

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
 Qualifications of a Senator
1. A natural born citizen of the Philippines
2. at last 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 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 of a Representative
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 of not less than one (1) year preceding the election day

COMPOSITIONS/ELECTION/SELECTION AND CLASSIFICATION OF MEMBERS

 The Constitution limits to 250 the maximum numbers the Hose of Representatives may have
 The house of Representatives shall be elected from legislative districts and through party – list system of
registered national and sectoral parties or organizations. The party – list representative shall constitute
20% of the number of representatives in the Lower House including those under the party list
 The members of the House of Representatives may be classified into district, party-list and sectoral
representatives

STEPS IN THE 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

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 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
o Executive Power – define as the power to administer
Section 2. No person may be elected as President unless he is natural born citizen 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 eh Philippines for at least 10 years

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
 Powers of the president
1. Appointing Power
2. Power to revoke any appointments
3. Power of control over all executive department, etc
4. Military power
5. Power to grant reprieve, commutations and pardons
6. Power to contact and guarantee foreign loan
7. Power to enter into treaties or the international agreement
8. Budgetary power
9. Power to address the Congress

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 – 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 judicial tribunal.
 Scope of Judicial Power
1. Adjucatory 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 recess
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 eh laws of the state and acts upon the other
departments of the government
b. to interpret them
3. To render binding judgment
4. Incidental powers – it likewise includes the incidental powers necessary to the effective discharge of
the judicial functions

Section 4. The SUPREME COURT shall be composed of the Chief Justice and 14 Associated 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

 Common Provisions

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  Independent Provisions
 Independent Constitutional Bodies - The Three Constitutional Commissions are:
1. Commission on Civil Service
2. Commission on Audit
3. Commission on Election
 Common Features:
1. They are multi – headed bodies
2. They are categorized as independent by constitution
3. Their powers and functions are defined in the constitution
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 intelligible for appointment for a period beyond the maximum tenure
of seven (7) 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
o It is compose of a Chairman and two(2) 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 (7) years only without re
appointment.
 Qualifications of Members
1. They must be natural born citizens of the Philippines
2. They must be at least thirty five (35) 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 immediately preceding
their appointment
 The term civil service means that professionalized body of men and women who have made of the government
service of a lifetime career. The scope 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 (6) Commissioners. The 1973 Constitution increased 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 thirty five (35) 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 immediately preceding elections

The commission on audit

 Composition on Commission on Audit
o It is composed of a Chairman and two (2) Commissioners. It is designed to make it more resistant to
pressures from 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 thirty five (35) years of age at the time of election
3. They must be certified public accountants with not less than ten(10) years of experience
4. They must not have been candidates for any elective position in the elections preceding their appointment

ARTICLE X : LOCAL GOVERNMENT

General Provisions
Section 1. The territorial and political subdivision of the republic of eh Philippines in the provinces, cities, municipalities
and barangays. These shall be autonomous regions in Mindanao and the Cordilleras as hereinafter provided.

Local government

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  Concept
o Local government refers to a political subdivision of a nation or states is constituted by law and have
substantial control of local affairs which 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 government 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 officer 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 eh supporting power.
 Public officer – is the individual invested with some portion of the sovereign functions of the government for
the benefit of the public

 Nature of 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 eh office may not claim invested 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 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 form official delinquencies or malfeasance.
 Officials Removable by Impeachment
1. The president and vice-president
2. Members of the Supreme Court
3. Members of the Constitutional Commissions
4. The Ombudsman
 Grounds for Impeachment
1. Culpable violation of eh constitution
2. Treason : example a Filipino imposes war in the Phil. And confronting the enemies of eh country
3. Bribery . either direct or indirect bribery
4. Graft and corruption
5. 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 complaint in the House of Representatives
2. Trial by the Senate
3. The members are require to be under oath or affirmation
4. Requirement for conviction
 To convict an officer, at least 2/3of all members of Senate agreeing are necessary.
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  The only penalty to impose in an officer is limited ‘to removal from office and disqualification to hold
any office under the Republic of the Philippines’. If a criminal offense 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 does not extend to cases of
impeachment.

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

Tanodbayan is a coined term in Filipino, which literally means ‘ guardians of the nations’. It is categorized like
the three Constitutional Commissions as independent. It is known as the office of the Special Prosecutor

Section 8. Qualification of Ombudsman Deputies

They must be:
1. The natural born citizens of the Philippines
2. At least forty(40) years old at the time of the appointment
3. Persons with recognized probity and independence
4. Members of eh Philippine Bar
5. Not have been a candidate for any elective office in the preceding election

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