Philippine History with Politics and Governance

Introduction
Importance of the study of Government
There are three reasons why we should study our government.
First, it would make us a better citizens of our republic. Good citizens of any
democracy know the structure, functions and activities of their government.
They vote wisely during elections and demand that such elections be clean and
honest. They obey the law because. They know that these laws are made by
their duly-elected officials for their welfare. And they pay their taxes promptly
and honestly knowing that the government needs funds for education and
health services, defense, economic development and other projects for the
advancement of the nation.
The second reason is because we are the government. We choose by means
of elections our national and local officials. We pay the salaries of these
officials. If they do not perform their duties well or if they happen to be
corrupt, we can change them in the next elections. If our people are good
citizens who elect good officials, our government shall be a good one, if they
are bad citizens who sell their votes to the dirty politicians or allow themselves
to be oppressed by unscrupulous officials, then our government will be bad
one. As Dr. Jose Rizal once said: “Like people, like government.”
Finally, we should study our government because it is our duty to do so.
“Nobody can love the Filipinos better than the Filipinos themselves”, said
former President Jose P. Laurel. Thus it is the prime duty of citizens to know
their government because no other people can know, love, or fight for it better
than the citizens of that country themselves.
Chapter I- Definition of Terms
Meaning of a state. Before we begin the study of government, we should first
know the meaning of state. The Philippines is a state, and the government, and
people are only part of the state.
A state is a group of people, living in a definite territory, having a
government of their own, and enjoying independence from other countries.
The Concept of State and Government
The Philippines is a state. A state is a political community under one
government like the Republic of the Philippines, or forming part of a federation
like the US of America in which the nation-states unite under a central
authority but are independent in internal affairs (Nebres, 2002).
A state is a community of person more or less numerous, permanently
occupying a definite portion of territory, having a government of their own to
which the great body of inhabitants render obedience and enjoying freedom
from external control. It also a political organization of society under a
common authority that monopolizes the use of violence. A state is an area of
community with its own government or forming a federation under sovereign
government (Webster’s Universal Dictionary and Thesaurus, (2002).
Likewise, a state is a political organized body of people occupying a definite
territory and living under a government entirely or almost free from external
control and competent to secure habitual obedience from all persons within it
(Dictionary of American Policies, as cited by Monta and others, 1999).
The Philippines is a state because it has four (4) elements: people, territory,
government and sovereignty.
GOVERNMENT. This is the third element of a state. The exercise of political
authority of the state is vested in government. The term government may be
defined in several ways.
- It is the organization of the state which consist of three respective
branches: executive, legislative and judicial, (Monta and others, 1999)
- It is an institution or aggregate of institutions by which an independent
society makes and carries out those rules of action which are necessary
to enable men to live in a state, or which are imposed upon the people
forming that society by those who possess the power or authority of
prescribing them.
- It is an essential instrument or contrivance of the state
- It is an instrument for carrying out the will and the purpose of the state.
- It is the agency through which the will of the state is formulated,
expressed and carried out.
- It is the exercise of aggregate authorities in the administration of the
affairs of a state, community and society (Nebres, 2007)
State Distinguished from Government
State and government are usually regarded as identical. The acts of the
government are the acts of the state; the acts of the state are the acts of the
government. However, the distinction of the two are as follows:
1. A State cannot exist without a government; it is possible to have a
government without a state. We had various governments (pre-Spanish
to the present times) indifferent periods of history.
2. A State may remain the same; its form of government may change.
3. A State exist to unite the people in a territory; a government is the
instrument in carrying out the will and purpose of the state.
Importance and Necessity of Government
The government should exist and continue to exist for the benefit of the
people. It is better equipped to administer the affairs of the society for its
common good than any private individual or groups of individuals. Being
supported by the taxes of the people, the government had its duty to:
1. Maintain peace and order;
2. To promote and dispense social justice;
3. To ensure socio-economic development;
4. To safeguard the state sovereignty; and
5. To support cultural transformation; and
6. To maintain diplomatic relations with other countries
To maintain peace and order. Article II, Section 44.”Declaration of
Principles and State Policies” enumerates the first and foremost duty of
government- to serve and protect the people. This constitutional provision is
consistent with the most basic democratic tenet that the government exist for
the people and not the people for the government. Peace and order is vital to
civilized country. Without peace and order, socio-economic, political and
cultural developments cannot be attained. Peace and order is not simply the
eradication of war and resolution of conflicts among those who bear arms
against the government. Our society can be a safe place to live in if the
government has the political will to re-structure our political and social system
that has driven the people to social conflict and deviations over the year.
To promote and dispense social justice. Social justice can only be promoted
if there is equality in wealth and privileges that will surely augur well for social
harmony and stability of the country. There is no social justice if the rich and
oligarch are getting richer and more powerful in terms of privileges and
benefits and that the poor are getting poorer and powerless. If our statistical
analysis is correct 10% of our population belongs only to the upper class of
society, (rich) while 90% are in the lower class of society (poor). The rich are in
control of the material and economic means of life, and the poor have no
property of their own, exploited and oppressed and are frustrated over their
condition of servitude and poverty. During the time of President Gloria
Macapagal Arroyo she tried to bridge the gap between the rich and the poor
but under such circumstances of increasing oil prices, rice shortage, and other
economic crises, it seems that the former President could hardly realize such
mission, especially if our country is too such politicized and powers in politics
play much than economic realization.
To ensure socio-economic development. Any economic development of
the country should gear towards benefit of the capitalists, employers, and
other laborers or workers. Socio-economic development should be for the
development of man- both rich and poor. And the socio-economic
development that enriches the few (10% of population) and pauperizes the
many (90% of the population) is social injustice. There is socio-economic
development in a country if the poor can afford to buy food and other basic
necessities, cheaper medicines, clothes, own houses with water and electricity,
has access to quality education, can travel and enjoy government privileges
just like what the rich people are enjoying.
Today (2012), despite the presence of transnational and multinational
corporations in our country as well as the dollar earnings of our OFW’s, socio-
economic development has not yet led to the eradication of poverty in the
Philippines. Thus social imbalance still exist and persist because most our
citizens and the people in the government are still engrossed in politics as if
their source of life and power.
To safeguard and the state sovereignty. The government has the duty
to preserve the state and protect its self-determination without interference
or control by other countries. A country that can exercise its sovereignty and
right to self-determination is one who has attained socio-economic
emancipation from colonial and non-colonial bondage. But as long as the
country is without complete independence because its economy is virtually
under the control of foreign banks and foreign countries due to the
government’s heavy indebtedness to them, as well as the military assistance
and subsidies given by them, our political leaders today and tomorrow, just as
in the past, will always be at the mercy of these foreign interest. Our country
will forever be condemned to poverty and subservient to foreign power.
According to Claro M. Recto, “so long as we economically dependent to foreign
power, our efforts for self- efficiency will always be thwarted”. Thus, our
country’s sovereignty and right to self-determination cannot be fully realized.
We have no choice but to waltz with foreign power to keep our economy
dictated by them and the worst is when it is coerced to adopt socio-economic
and political programs which are not convenient to Philippine situation, but for
the interest of foreign capitalists.
To support cultural transformation. Socio-economic development is
supplemented and complemented by the people’s transformed values and
attitudes. In fact, socio-political and cultural changes needed in our country
today are hardly met if the people are still ingrained in colonial mentality. It
must be remembered that the Filipino people had been under the colonial
domination of the Spanish, American and Japanese colonizers for so may years.
Unless we throw off these values, attitudes, and beliefs that have been rooted
in our culture, the Philippines can hardly cope with moral, social and cultural
changes. Unless our colonial past is not eradicated, our crab mentality is
always there and our love for what is not ours will remain forever. We have the
Spaniards for making us “chimoy” and “chimay” but we love their manana
habit and other attitudes, beliefs and values. We hate Americans for their
military economic intervention, but we love “dollars” and “stateside”
appliances, vehicles and other facilities. We hate the Japanese brutalities and
love for comfort women, but we serve as tourist guides to Japanese tourists
and want to marry Japanese men, etc. We are perceived to be a nation of
hypocrites. In order for the government to transform the cultural values of the
Filipinos, the government political leaders should serve as good examples to
Filipinos. They should first implement the “Filipino first policy” and the sense of
nationalism. They should not read, speak and like Americans do. They should
not ashamed of speaking the Filipino language. Our educational system should
not only focus on “Speak English” but also “Speak Filipino” policy. There should
have an urgent call for re-orientation of our cultural values and attitudes-one
that is Filipino in thoughts, words, and deeds. Without this reorientation in all
sectors of society, the common Filipino will never know what he stands for and
what he wants its society to be in the years to come.
 To maintain diplomatic relations with other countries. No state is an
island by itself. The Philippines is not only a member of the United Nations but
also a member of the world community. Although it must maintain and sustain
its national sovereignty and right to self-determination, as a member of the
world community, it must establish relationship of independence and
cooperation with other countries of the world—on the bases of mutual
respect, peace and equality. It cannot isolate itself for reason of nationalism or
sovereignty or cultural ethnocentrism. The Philippine foreign policy is one of
non-alignment or neutrality. This means that the Philippines should not align
itself only to democratic countries to the exclusion of communist and social
countries. Regardless of what forms of government a country is adopting, the
Philippines will always cooperate and maintain good relationship with any
country. Otherwise, the Philippines would be courting disaster and ire from
any of the rival countries. To sum up, without an organized government,
anarchy, conflict and disorder and a general feeling of fear and insecurity will
prevail in a country; development of whatever nature will not be possible;
values and attitudes in a free, peaceful and orderly society such as truth,
freedom, justice, equality, rule of law, and human dignity can never be
practiced and enjoyed.
Activity –
1. Define government and enumerate at least three other functions of
government .Give reasons why we study government
a. My own definition of government
b. Three other functions of government
2. What should be the best form of government? Explain your answer.
3. What form of government should be adopted in the Philippines? Explain
your answer.
A. Functions of Government
The functions of government are classified as constituent or ministrant.
The constituent functions includes “those relating to the
maintenance of peace and the prevention of crime, those regulating
property and property rights, those relating to the administration of
justice and the determination of political duties of citizens and those
relating to national and foreign relations”. This power is “exercised by
the State as attributes of sovereignty.”
 The ministrant functions, includes the promotion of “welfare,
progress and prosperity of the people” and not merely to promote the
welfare, progress and prosperity of the people-these latter functions
being ministrant, the exercise of which is optional on the part of the
government.
‘The growing complexities of modern society, however, have rendered
the traditional classification of the functions of government into
constituent and ministrant quite unrealistic, not to say obsolete. The
areas which used to be left to private enterprise and initiative and which
the government was called upon to enter optionally, and only “because
it was better equipped to administer for the public welfare than in any
private individual or group of individuals,” continue to lose their well-
defined boundaries and to be absorbed within activities that the
government must undertake in its sovereignty capacity if it is to meet
the increasing social challenges of the times. Here as almost everywhere
else the tendency is undoubtedly towards a greater socialization of
economic forces. Here of course this development was envisioned,
indeed adopted as a national policy by the Constitution itself in its
declaration of principle concerning the promotion of social justice.

B. De Jure and De facto Government

Government is classified according to its legitimacy as either de jure and
de facto Government. De Jure is a Latin term that means “by right,
lawful, legitimate”. Thus, a government de jure is one established by the
authority of the legitimate sovereign. While a government de facto or
government of fact is one merely established in defiance of the
legitimate sovereign.
C. Doctrine of Parens Patriae
Parens Patriae literally means parent of the people. By this doctrine the
state are called upon to defend and protect those underprivileged,
handicapped, etc. Thus in case of rape against a minor child, the state is
called upon to give full protection and safeguard. This is not only upon
the state but, “it is also in keeping with the role of the State as parens
patriae by virtue of which it is mandated to provide utmost protection to
those of tender years.”
Activity 2
1. Distinguish the two functions of government?
2. What is the Doctrine of Parens Patriae?
FORMS of GOVERNMENT
1. As to principal forms of government.
a. Monarchy- is one in which the supreme and final authority is in the
hands of a single person without regard to the source of his election
or the nature of duration of his tenure. The single person may be a
member of a royal family, usually a king, a queen, emperor or
empress or some other hereditary rulers. Monarchies are classified
as:
1. Absolute monarchy- is one in which the ruler rules by divine right-
examples are Oman, Bhutan, Norway and Qatar.
2. Constitutional monarchy – is one in which the ruler rules in
accordance with constitution or which Council of Ministries-
examples are Bahrain, Cambodia, Denmark, Jordan, Kuwait,
Lesoteo, Luxembourg, Malaysia, Monaco, Morocco, St Kitts N
Nevis, St. Vincent, samoa, Spain, Swaziland, Sweden, Thailand,
Tonga, Unite Kingdom, Antigua N Barbuda. Constitutional
monarchy is sometimes referred to as limited monarchy.
b. Aristocracy – is one in which political power is exercised by a few
privileged class which is known as the aristocrats or oligarchs. This
form of government flourished in ancient Greece and Egypt. Today,
oligarchy takes the form of military rule whose factions of military
officers forcibly seized power-either from legally elected regimes or
from other military cliques. Examples of this form of government are
Myanmar and Honduras. A ruling group or party like the Communist
Party is an aristocratic form of government. The communist countries
include mainland China, Cuba, North Korea, Laos and Vietnam.
c. Dictatorship – is a form of government in which one person has
nearly total power to make and enforce laws. Dictators use coercion,
often through torture and executions. Typically, dictators seize
power, rather than being freely elected (as in a democracy) or
inheriting a position of power (as in monarchy). Some dictators are
hated by the people because they rule by terror and with iron hand.
 Other dictators are loved by the people because they rule by
charisma.
d. Totalitarianism- is a form of government in which there is virtually
complete governmental control and surveillance of overall aspects of
the political and social life of the people. In a totalitarianism rule,
there is one party system that monopolizes the offices of the
government and serves as the source of wealth, prestige and power.
Totalitarianism states control the use of weapons and all military
units are subject to the control of the ruling regime. Finally, in a
totalitarian state, there is intimidation of media, torture and
execution of the enemies of the state to maintain control and power.
The Nazi Germany and the Soviet Union in 1980’s are totalitarian
state.
e. Democracy – is one in which political power is exercised by the
majority of the people. Literally, democracy means a government by
the sovereign people. The government is ruled by the governed. The
word democracy originated from two Greek words- demos, which
means “people” and “kratos”, which means “power” or “rule”, hence,
democracy is power or rule of the people. In the words of President
Ambraham Lincoln, democracy “is a government of the people, by
the people and for the people”. Democratic governments are
classified into:
1. Direct or Pure Democracy--- is one in which the will of the state is
formulated or expressed directly and immediately through the
people in a mass meeting or primary assembly rather than
through the medium of delegates or representatives chosen to act
for them.
2. Indirect representative or Republican Democracy- is one in which
the will of the state is formulated and expressed through the
agency of a relatively small and select body of persons chosen by
the people to act as their representatives. The Philippines is an
example of a country with indirect and representative democracy.
In Section 1, Article II “Declaration of Principles and State policies
“of the Philippine Constitution, it states that “ the Philippines is a
democratic and republican state”. A republican government is a
democratic government because the representatives are chosen
by the electorates. In essence, a republican state rules indirectly.
 The Filipino people have established the government to govern
themselves such that the officers, from the highest to lowest rank,
are public servants of the people ( the masters) These officers
exercise the powers of the people which are delegated to them.
Their powers emanate from the ruled or governed. Today, there
are about 102 countries with republic governments. A democratic
republican state is manifested by:
1) existence of a bill of rights
2) observance of the rule of law
3) election of government officials by the electorates
4) observance of the principle of separation of powers
5) observance of the rule of majority
6) observance of the principle that the legislative branch cannot
pass irrepealably laws
7) observance of the law on public officers
8) observance of the principle that the State cannot be sued
without its consent
2. As to the extent of powers exercised by the central or national government
a. Unitary Government- is one in which the control and powers of national and
local affairs are exercised by the central and national government. The
Philippines despite having some autonomous regions, is still a unitary
government.
b. Federal Government- is one in which the control and powers of the
government are divided between two sets of organs, one organ is for the
national affairs and the other is for local affairs with each organ being supreme
within its own sphere. Some of the states with federal republic government
are Austria, Bosnia, and Herzegovina, Ethiopia, Germany, India, Mexico, Russia,
Switzerland, United States of America and Venezuela. In the Philippines, there
are senators who are advocating for a modified federal Philippine Republic.
One of them was Sen. Nene Pimentel.
3. As to relationship between executive and legislative branches of the
government
a. Parliamentary Government- is one in which the state confers upon
the legislature the power to terminate the tenure of office of the real
executive. Under such system, the Cabinet or Ministry is legally responsible to
the electorate. The Chief of State, the President, is the titular head of state and
occupies ceremonial power while the Prime minister is the head of
government or chief executive and being so he is responsible in running the
affairs of the government. Some of the states with parliamentary forms of
government are Andorra, Canada, Barbados, Belais, Dominican Republic,
Croatia, Grenada, Trinidad, and Tobago, Tuvala and Greenland.
b. Presidential Government-is one in which the executive branch of
government is independent to the legislative branch in terms of tenure,
prerogatives, sphere of influence and power, etc. The power and control of the
government are chiefly held by the president through its various departments
and agencies. The doctrine of separation of powers among the three branches
of government (legislative, executive and judiciary) and the principle of checks
and balances are observe and considered as the salient features of the
presidential form of government. The chief executive has a fixed term of office
and can be removed through impeachment and extraordinary means such as
people power or by force like coup de etat, or by revolution. The legislators,
justices and judges have also fixed terms of office. Cabinet members and other
presidential appointees are confirmed by the Commission of Appointments
(CA) and can be removed anytime by the President for loss of confidence, graft
and corruption and other misconduct in office.
The Philippine government is a representative democracy, a unitary
presidential republican government. It embodies some aspects of the pure
democracy because of the constitutional provision of initiative and
referendum.
Chapter II - Philippine History
a. Pre-Spanish
b. Spanish Period
c. The Revolutionary Era
d. American Regime
e. Japanese Period
f. Third Philippine Republic
g. Fourth Philippine Republic
h. Provisional Government of 1986
i. The Present Government
Chapter III- The Philippine Government and Governance
Political Science as a Discipline
Etymologically speaking, political science was derived from the Greek word
polis, which means city-state and the Latin word scire- which means science or
to know. Literally, therefore, political science means the study of city- state.
History ascribes to Aristotle the beginnings of the formal study of state and
government, when he published his treatise on political affairs entitled Politics
(Zulueta, 2003). Thus, Aristotle was considered the Father of Political Science.
Although Aristotle was credited for formally starting the study of state and
government, it was Jean Bodin who coined the term political science (Jackson
& Jackson, 2000).
Political scientists, however, define it as a social dealing with a systematic
study of the state in its essential nature, form, manifestation, organization and
development. It is a social science, considering that it focuses on men as they
interact with the government and its various institutions. Thus, it deals with
the basic knowledge and understanding of the state, as well as the principles
and ideologies underlying its organization and activities. In the words of De
Leon(2002), the primary concern of political science is none other than the
association of human beings into political community, one organized under a
government and law.

Fields of Political Science

As a comprehensive disciple about the state, government, and politics,
political science is divided into the following areas of study; political theory or
political philosophy ;public law; government; comparative government;
international relations; public administration; public policy; political dynamics;
and government and business; legislature; and geopolitics. Let us describe
each of these areas very briefly.
1. 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.
 2. 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.
3. Government- This field studies the structure and functions of both
national and local governments within the context of one state or
country.
4. Comparative Government- It is a critical and in-depth study of the
macro-politics of different states. This field focuses on analysing the
similarities and differences among states relative to their executive,
legislative and judicial branches of government, as well as their
fundamental laws, functions, political cultures and traditions.
5. International Relations- It is the study of foreign policies of countries,
international organizations and international law.
6. Public policy- As a field of political science, it is concerned with the
assessment and evaluation of the various policies pursued by the
government in areas like education, defense, and health.
7. Political Dynamics – It is a critical inquiry into the various societal forces
that exert influence on political decision and action. Topics investigated
in this area include political parties, the role of pressure groups in
decision-making, as well as public opinion and propaganda.
8. Government and Business- This particular area of political science looks
into the government’s exercise of corporate or business function, as well
as its regulatory function that affects the economy of the state. Others
call this area of concern in political science as political economy.
9. Legislature- This domain in the study of political science focuses on the
essential role played by the law making body in rule making, as well as
the politics behind legislation.
10.Geopolitics- This field delves on critically analysing the influences of
population, resources, and the physical environment of a country on its
local and international politics.
Understanding Politics
As political science is a systematic study of politics , there is a need for us
to understand this concept. Given below are some definitions of politics.
1. Politics is the study of the shaping and sharing of power (Lasswell in
Dahl, 1986)
 2. It is the study of power and the powerful; of influence and influential; of
rulers and ruled; and of authority and authoritative (Dannug &
Campanilla, 2004)
3. It is the art and science of governance; the means by which the will of
the people is arrived at and implemented (Dannug & campanilla, 2004)
4. It is the capacity to say no to something dangerous and inimical to the
interest of the public (Salonga, 1995)
5. It is the pursuit and exercise of political power vital in making policy
decisions binding for the community and in distributing patronage and
other governmental benefits (Shafritz, 1988)
From the foregoing definitions, it is evident that politics involves power,
influence, authority, and rule, as well as how these are gained and exercised
(Dannug & Campanilla, 2004). Nonetheless, the mode by which power,
influence, authority, and rule can be exercised varies. It can be dictatorial,
democratic, consensual, or even collegial. Further examination of the
aforementioned definitions of politics also reveals that the reasons behind
people’s involvement in it can either be personal or organizational.
As pointed out by Dahl (1986), politics is everywhere. There is politics in
the family, school, church, government, and even in our workplace. Politics,
therefore, exists whenever one uses power, influence, authority and rule in
order to achieve an objective.
People say that politics is dirty. This is a half-truth considering that
politics can be both good and bad. Thus, in our society there are politicians
labelled as bad and good. The question at this point is, when can we say is
politics bad and good? An exemplar of bad politics is the TRAPOS or traditional
politicians in our country. They use power, influence, authority and rule for the
good of the people but for their own personal gain and advantage. Then and
now, they employ goons, guns and gold in their exercise of authority and
influence.
If bad politics is exemplified by the practices of the traditional politicians
in the country, when then can we say is politics good? Good politics prevails
when political leaders use their disposition and undertake goal-oriented
programs in their performance of the leadership tasks and functions to gain
control of the government for the good of the people they serve.
Images of Politics in the Philippines
Full grasp of politics in the Philippines necessitates a thorough
understanding of the various images of politics. Dannug & Campanilla(2004)
identify ten images of politics in our country.
 BOARDROOM POLITICS. This is politics involves decision-making by
business executives and professionals with crucial consequences for the
people. When the businessmen of Makati decided to support Arroyo
during the impeachment trial of Estrada, boardroom politics was in
place.
 BUREAUCRATIC POLITICS. It involves rule making and adjudication by
government bureaucrats. 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.
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
president of the Philippines and local government executives, owing to
their exercise of discretionary power. Arroyo pressuring Congress to
pass the expanded value-added tax law is demonstrating this image of
politics.
 COURTROOM POLITICS. Courtroom politics consists of orders and
decisions by prosecutors, justices and judges in reply to various interest
groups and aggrieved individuals. When the Supreme Court, for
instance, delays coming out with a ruling on a congressional action, it is
demonstrating courtroom politics.
 MULTI-MEDIA POLITICS- This refers to the shaping of public opinion on
issues of concern in society by the newspaper, television, radio and
other form of mass media. The opinion poll undertaken by Unang Hirit of
GMA 7 and Magandang Umaga Bayan of Channel 2 is an illustration of
multi-media politics.
 FAITH-BASED POLITICS. This type of politics pertains to decisions made
by leaders and members of religious groups and congregations, which
have political implications. Decision of Minister Erano Manalo of Iglesia
 ni Cristo on who to support during the national and local elections is a
typical illustration of faith-based politics.
 GAME OF THE GENERAL POLITICS. Game of the general politics involves
premeditated actions and decisions of police and military officers and
men to effect changes in the political arena. A good example of this
image of politics was the decision of the military to cooperate with Enrile
and Ramos in leading the disgruntled Filipinos in overthrowing Marcos
during EDSA I Revolution.
 CIVIL SOCIETY POLITICS. This refers to pro-active lobbying by cause-
oriented groups, people organizations, and non-governmental
organizations to influence decision-making by government leaders.
When the Alliance of Concern Teachers holds rallies to pressure DepEd
to revise the curriculum, it is demonstrating civil society politics. Rallies
conducted by GABRIELA to pressure lawmakers not to pass the EVAT
Law is another example of this type of politics.
 X-MEN POLITICS. People who do not directly take part in politics but are
actively engaged in fixing self-serving political decisions exemplify this
image of politics. Chinese business tycoons and drug lords contributing
to the campaign funds of prominent candidates in both local and
national elections in the hope that their interest will be protected is a
good illustration of this image of politics in the Philippines.
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 society is
able to manage its developmental processes and resolve social conflicts
( Ateneo School of Governance). Expounding on the need for good
governance in the country, Dannug and Campanilla (2004) came up with
the following prescriptions:
 Transparency of Government. There is a need for the people to be
informed of the decisions made by the state and the raison d’ etre for
the decisions.
 Simplicity of Procedures. In order for the government to cater to the
needs of the people, administrative procedures have to be made as
simple as possible. Red tape and corruption in government can be
avoided once procedures are simplified.
  Responsibility. The need to make public officials and employees
cognizant of their accountability and punish them for offenses has
become a necessity today.
 Fight against Corruption. As corruption is a deterrent to healthy and
efficient management of the economy, it has to be addressed and
eradicated.
 Individual Freedom and Collective Expression. As press freedom is a
vital vanguard of democracy, it has to be guaranteed and safeguarded.
 An Independent Judicial System. The Supreme Court and the other
lower courts have to be freed from pressure and interventions from
politicians and other organizations. This is very crucial in ensuring that
decisions made by the courts are fair, reasonable, independent and
objective.
Activity 1.- Which field of political science is associated with each of the
following items?
1. The influence of geography, population and resources on a country’s
politics.- GEOPOLITICS
2. Actual management of the affairs of the State by the executive, judicial
and legislative branches of government.- COMPARATIVE GOVERNMENT
3. Development of ideas relating to the origin, form, behaviour and
purposes of the State. – POLITICAL THEORY
4. Structure and functions of national and local government units.- GOV’t
5. The interplay of societal forces influencing political actions and
decisions.- POLITICAL DYNAMICS
6. Description and analysis of the similarities and differences among states.
-INTERNATIONAL RELATIONS
7. Principles governing and regulating the relationship and conduct of
states. – PUBLIC POLICY
8. The vital role of law making bodies in rule making.-LEGISLATURE
9. The exercise of the regulatory function of government affecting the
national economy.- GOVERNMENT and Business
10.Constitutional and legal principles governing governments and
individuals as they relate with one another.-Public Law
Activity 2 – Which image of politics in the Philippines is associated with each
of the following?
1. Predetermined decisions and actions of the men and officers of the AFP
to influence government decisions.- GAME of the General politics
2. Decision-making by Brother Erano Manalo and Mike Velarde with
important political implications.- Faith-Based Politics
3. President Arroyo gifting congressmen to legislate the expanded value-
added tax.- CHIEF –executive politics
4. A drug lord donating campaign funds to a well-known mayoralty
candidate to protect his interest.-X-Men politics
5. Policy pronouncement by some cabinet secretaries of the President,
favouring their relatives and friends.- Boardroom politics
6. Opinion poll conducted by the Social weather Station of Ateneo de
Manila University.-CIVIL Society politics
7. Business tycoons deciding to support the programs of the incumbent
President. BOARDROOM politics
8. Delayed decision of the court on the legality of a treaty entered into by
the President. COURTROOM politics
9. Policy making by legislators, which affects both private and public
interest. -CONGRESS politics
10.Political engagement and pro-active lobbying by people’s organizations
and NGOs.- CIVIL SOCIETY politics

FINALS
The Philippines as a State
I. Concept of the State

A state is a community of person more or less numerous permanently

occupying a definite portion of territory, having a government of their own to
which the great body of inhabitants render obedience, and enjoying freedom
from external control. It is to be distinguished from nation, state is a legal
concept while nation is an ethnic concept.
 As a concrete organization, the state consists of people occupying a
definite territory, politically organized, exercising by means of its government
its sovereign will over the individuals within it and maintaining its
independence in its relation with the other states.
II. Elements of the State
A state has four elements, these are people, territory, sovereignty and
government. The Philippine is a State, as it possesses these four requisites
for statehood.
1. People
2. Territory
3. Sovereignty
4. Government
III. The Fundamental Powers of the State
The fundamental powers of the State refer to those, which is necessary
attribute of sovereignty, and are deemed inherent in the State. They need not
be expressly provided in the Constitution. This is because there can be no
effective government without them.
The three fundamental powers of the State are the Police Power, Power of
Eminent Domain and the Power of Taxation. They constitute the three
methods by which the state interferes with private property rights.
The police power is the power to prescribe regulations to promote the
health, morals, education, good order, safety, or the general welfare of the
people. The Power of eminent domain refers to the power of government to
take private property for public use. The power of taxation is the power to
impose taxes.
1. The Police Power
nature and scope
Police power is the power to prescribe regulations to promote the
health, morals, education, good order, safety, or the general welfare of
the people. It is the power vested in the legislature by the constitution
to make, ordain and establish all manner of wholesome and reasonable
laws, statutes, and ordinances either with penalties or without nor
repugnant to the constitution as they shall judge to be for the good and
welfare of the state and of the subjects of the same. It is that inherent
 and plenary power in the state which enables it to prohibit all things
hurtful to the comfort, safety and welfare of society.
Among the three inherent powers of the State, the police power is the
most important and demanding. This is because this power affects both
person’s liberty as well as its property, and unlike the power of eminent
domain and power of taxation which affects only property rights of
individuals.
The police power of the state is a growing and expanding power. As
civilization develops and public conscience becomes awakened, the
police power may be extended, as has been demonstrated in the growth
of public sentiment with reference to many subjects, but that power
cannot grow faster than the fundamental law of the state, nor transcend
or violate the express inhibitions of the people’s law—the constitution.
2. Power of Eminent Domain
Nature and Scope
The power of eminent domain also known as the power of
expropriation is “refers to the power of government to take private
property for public use”. Eminent domain is an inherent power of the
State that enables it to forcibly acquire private lands intended for public
use upon payment of just compensations to the owner.
There are provisions in the Constitution which directly provide for
the exercise by the state of the power of eminent domain, but even
without express constitutional recognition this power together with the
police power and power of taxation as mentioned in the preceding
paragraphs are inherent in the State and an “incident of sovereignty and
does not even require constitutional recognition”. The provision in the
Constitution are:
“Private property shall not be taken for public use without just
compensation”
“ The State may, in the interest of national welfare and development,
establish and operate vital industries and, upon payment of just
compensation, transfer to public ownership utilities and other private
enterprises to be operated by the Government.
These provisions have its purpose to serve as a restraint or
limitation in the exercise of the power of eminent domain. They serve as
 the requisite which must be observed first for a valid exercise of
expropriation.
3. Power of Taxation
Nature and Scope
The power of taxation is the power to impose taxes. “Taxes are
what we pay for civilized society” or are the lifeblood of the nation, “The
power of taxation is sometimes called also the power to destroy.
Therefore it should be exercised with caution to minimize injury to the
proprietary rights of a taxpayer. It must be exercised fairly, equally and
uniformly, lest the tax collector kill the “hen that lays the golden egg”.
And in order to maintain the general public’s trust and confidence in the
Government, this power must be used justly and treacherously.” The
power of taxation is an essential and inherent attribute of sovereignty,
belonging as a matter of right to every independent government without
being expressly conferred by the people.
The power to tax is primarily vested in the Congress; however, in
our jurisdiction, it may be exercised by local legislative bodies, no longer
merely by virtue of a valid delegation as before, but pursuant to direct
authority conferred by Section 5, Article X of the Constitution. Under the
latter, the exercise of the power may be subject to such guidelines and
limitations as the Congress may provide which, however, must be
consistent with the basic policy of the autonomy”.
Our Constitution, for instance, provides that the rule of taxation
shall be uniform and equitable and Congress shall evolve a progressive
system of taxation. Equality and uniformity of taxation means that all
taxable articles or kinds of property of the same class be taxed at the
same rate.

Chapter IV- The Philippine Constitution as Basis of Government

Constitution: Its Nature and Functions

Political scientist define the term constitution in several ways.

Ranny, as cited by Zaide and Zaide (1966), defines the constitution as
the whole body of fundamental rules, written or unwritten, legal or
extra-legal, according to which a particular government operates. It is,
therefore, the fundamental law on which the government of a country is
organized and prescribing the manner by which the powers of the
government are to be exercised.
It is also taken to mean as that body of rules and maxims in
accordance with which the powers or sovereignty are habitually
exercised. According to De Leon(2003), it is an instrument by which the
fundamental powers of the government are established, limited and
defined for the safe and useful exercise of these powers for the benefit
of the people.
According to Dannug and Campanilla (2004), the constitution is
the fundamental law of the state, upon which a government is
organized and provides the framework for the organization of
government. The constitution organizes the government by---
distributing, regulating, and limiting its legislative, judicial, and executive
powers; guaranteeing and safeguarding the basic rights and freedoms of
the people; stipulating the manner by which sovereign powers can be
exercised.
The definitions cited are similar in two respects. They all consider
the constitution as a fundamental or supreme law of the land. Two
implications can be drawn from the foregoing concept of the
constitution. As it is the supreme or fundamental law of the state, all
institutions of the government as well as all the citizens of the state are
obligated to abide by its provisions. Moreover, it serves as the
foundation of all the actions of the government and the basis of all laws
enacted and implemented in a country.
Another point of convergence among the various definitions cited
is on the function or purpose served by a constitution. From these
definitions can be inferred the following functions of the supreme or
fundamental law of the land:
1. Establishment of the basic framework of government. The
constitution identifies and regulates the specific powers and
functions of the executive, legislative and judicial branches of the
government. There is a need to regulate the government’s exercise of
its sovereign powers to preclude it from becoming despotic,
oppressive, and tyrannical.
2. Regulation of the rights and freedoms enjoyed by the individual for
the common good. This is a very important function served by a
 constitution. If people’s exercise of their liberties is not regulated,
there shall be chaos, anarchy and public disorder.
3. Protection of the people from government abuses. Our constitution,
for instance, protects the people from possible abuses by the
government through the following means:
 By ensuring that each branch of government exercise only the powers
conferred to it by the constitution;
 By prohibiting the government from exercising powers infringing the
declaration of principles and state policies; and
 By specifying the basic rights of the people, which the government has
to respect and safeguard.
KINDS OF CONSTITUTION
There are several ways by which the constitution can be categorized.
Based on origin or history, a constitution can either be enacted or evolved
(munoz & Munoz, 2002).
 Enacted or Conventional – a constitution is drafted and passed by a
constituent assembly or granted by a sovereign to the people.
 Evolved or cumulative – a constitution which is the product of a long
history of usage by customs, traditions and judicial decisions rather than
by formal or deliberate enactment.
As to form, a constitution can either be written or unwritten (Ayson & Reyes,
2000).
 Written – a constitution either granted by a ruler, or enacted, or enacted
by the legislature, or framed by a constituent body and ratified by the
people.
 Unwritten- a constitution that consists of customs, usages, legal
traditions, statutory legislations and is entirely the product of political
growth and development.
As to the mode of amending the constitution, it can either be rigid or flexible
(De Leon, 2002)
 Rigid or inelastic – a constitution that is difficulty to change or alter
except by some special machinery more cumbrous than the ordinary
legislative process.
  Flexible or elastic – a constitution that is easy to amend as it can be
altered in the same way as other laws.
On the basis of the foregoing classifications of the constitution, it can be
said that Philippine constitution, then and now, is enacted. It is enacted as it
was drafted by a constituent assembly. Aside from being enacted, it is also
written because it has a definite written form. Moreover, it is also rigid, as it
cannot be modified except through the procedures stipulated in the
constitution.

Requisites of a Good Written Constitution

A good written constitution must possess the following attributes or
characteristics (Ayson & Reyes, 2000)
1. Broadness –Inasmuch as the constitution has to outline the organization
of the government, it has to be comprehensive to embody all the
essential functions and powers of the government.
2. Brevity- The constitution has to be brief but concise. It should not be too
lengthy or detailed as the only the essentials of government should be
embodied in it. Appropriate statutes will provide the details so that
brevity is not violated or debased.
3. Definiteness – The provisions of the supreme charter of land should be
definite and clear to avoid errors and ambiguity in their interpretation.
Essential Parts of Constitution
A written constitution has three essential parts (Dannug & campanilla,
2004), namely: constitution of government; constitution of liberty; and
constitution of sovereignty.
1. Constitution of Government – This component of the constitution
provides the framework for the establishment of government defining
the powers of government and assigning to executive, legislative and
judicial branches of government.
2. Constitution of Liberty- This part of the constitution specifies the basic
rights and freedom of the people. These liberties serve as the people’s
protection against the abuses of the government.
 3. Constitution of Sovereignty – This portion of the constitution stipulates
the manner by the people can exercise their sovereign power to
approve, alter, and modify the fundamental law of the land.
The 1987 Constitution of the Philippines
The 1987 Constitution of the country was drafted by the constitutional
convention created by Pres. Corazon Aquino, by virtues of Article V of
Proclamation No. 3, issued on March 25, 1986. This proclamation also
promulgated a Freedom Constitution for the Philippines, a few weeks after the
successful People Power Revolution, which toppled down the dictatorial
regime of Ferdinand Marcos.
The drafting and Ratification of the 1987 Constitution. The Constitutional
Commission (CONCOM) was composed by 50 Filipino citizens of recognized
probity, known for their independence, nationalism, and patriotism, personally
selected by the president after consultation with various sectors (Zulueta,
2003). This body was tasked to write a constitution for the country that shall
reflect the true ideals and aspirations of the Filipino people. It convened on
June 2, 1986 at the Batasang Pambansa in Diliman, Quezon City. Three
important drafts of the constitution were used by the commission in drafting
the 1987 charter: The Malolos Constitution of 1898; the 1935 Constitution; and
the 1973 Constitution. Public hearings and consultations in the different parts
of the Philippines were conducted by the CONCOM, to ensure that constitution
will be reflective of the Filipino response to the demands and challenges of
present-day political, social, economic and cultural development.
The CONCOM approved the draft of the proposed constitution on
October 12, 1986. On the same date, the proposed constitution was submitted
to the President Aquino. The 1987 Constitution was ratified by the Filipino
people on February 2, 1987 and became effective on the same date.
Features of the 1987 Constitution. The Constitution ratified by the people
consists of a preamble and 18 articles. These articles, together with their
corresponding titles are shown below.
Article Title
1 National Territory
2 Declaration of Principles and State Policies
3 Bill of Rights
4 Citizenship
5 Suffrage
6 Legislative Department
7 Executive Department
8 Judicial Department
9 Constitutional Commissions
10 Local Government
11 Accountability of Public Officers
12 National economy and Patrimony
13 Social justice and Human Rights
14 Education, Science and Technology, Arts, culture, and Sports
Education
15 The family
16 General Provisions
17 Amendments or Revisions
18 Transitory Provisions

A unique feature of the 1987 Constitution is that it is pro-God, pro-life,

pro-people, pro-poor, pro-Filipino, and anti-dictatorship (de Leon, 2003). It is
pro-God as evidenced in the preamble of the constitution which states that
“We, the sovereign Filipino people imploring the aid of Almighty God…”This
clearly substantiates the point that we are God-loving people and that we seek
God’s guidance in whatever we do.
The 1987 Constitution is pro-life. This pro-life orientation of the new
constitution can be gleaned from the following provisions:
1. The banning of the nuclear weapons (Art II, Sec. 8);
2. The protection of the unborn from the moment of conception (Art II,
Sec.12);
3. The strengthening of the solidarity of the family and promoting its total
development (Art XV, Sec. 1);
4. The abolition of death penalty (Art. III, Sec. 19).
Aside from being pro-life, the present fundamental law of the Philippines is
also pro-people. Notable among the constitutional provisions manifesting
this orientation are the following:
1. Promotion of a just and dynamic social order (Art. II, Sec. 9);
2. Protection and promotion of the right to health (Art. II, Sec. 15);
 3. Protection and advancement of the right of the people to a balanced
and healthy ecology (Art. II, sec. 16);
4. Giving priority to people’s education, science, technology, arts, culture
and sports (Art. II, Sec 17);
5. Allowing a free and open party system to ensure greater participation of
the people (Art. IX, Sec. 6);
6. Sectoral representation in the House of Representatives(Art. 6, Sec. 5);
7. Recognition of the right of the people and their organizations to
effective and reasonable participation at all levels of decision making
(Art. 13, Sec. 16);
8. The provisions on initiative and referendum in legislation and amending
the constitution (Art. VI, sec. 32;Art. XVII, Secs. 2 & 4);
9. Protection of the consumers through the regulation of the advertising
industry (Art. XVI, Sec.22);
10.Protection of the consumers from unfair trade practice and hazardous
products (Art. XVI, sec. 9);
11.Protection of public interest against mass media monopolies (Art. XVI,
Sec. 11.1).
Our 1987 constitution is also pro-poor. Provisions substantiating this
orientation include the following:
1. Provisions on policies that improve the plight of the poor and the
underprivileged, such as the following: promotion of social justice,
agrarian reform and rural development, right of labor, housing and
health (Art. XIII);
2. Provisions on economic policies for the benefit of the poor (Art. XII, Sec.
1); and
3. Provisions on educational policies promoting the right of the citizens to
quality education at all levels (Art. XII, Secs.1 & 2).
There are also numerous provisions in the new constitution indicating its pro-
Filipino orientation. Some of these provisions are cited below.
1. Filipino control of the economy (Art. II, sec 19);
2. Filipino control of schools, colleges, and universities (Art. XIV, Sec. 4.2);
3. Filipino control of the mass media and advertising (Art. XVI, Sec. 11);
4. Total Filipino management and control of public utilities (Art. XII, Sec.
11);
5. Reservation to Filipinos of certain areas of investment (Art. XII, Sec. 10);
 6. Reservation to the Filipinos the practice of all professions (Art. XII, Sec.
14);
7. Development of a pool of national talents (Art. XII, Sec. 14);
8. Preservation of a Filipino national culture (Art. XIV, Secs 14-18); and
9. Development of a Filipino national language and technology ( Art. XIV,
Secs. 6-9).
Finally, the New Constitution is anti- dictatorship. This anti-dictatorship
orientation can be gleaned from the limitations on the exercise of executive
powers of the president (Art. VII); and the provisions strengthening the powers
of the legislature (Art. XIV, Sec. 2) and that of the Supreme Court (Art. VIII).

Activity- To what does each of the following brief description refer?

1. The fundamental or supreme law of a country.- constitution
2. A constitution granted by a ruler to his subjects
3. A constitution that is very difficult to change or alter.
4. Legal basis for the drafting of the 1987 Constitution.
5. That part of the constitution that enumerates people’s freedom, rights
and liberties
6. That portion of the fundamental law containing the provisions on the
establishment of government
7. The component of the constitution that specifies the manner by which
the people can modify it
8. A constitution consisting of legislative statutes, customs, usages and
judicial decisions
9. Constitution that can be changed easily just like the laws passed by
Congress
10.Constitution drafted by a constituent assembly
II. Provide the necessary details to complete each of the following topics
below.
Requisites of a Good Written Constitution
1.
2.
3.
 Functions of a Constitution
1.
2.
3.
Pro-Life Provisions of the 1987 Constitution
1.
2.
3.
4.
Pro-People Provisions of the 1987 Constitution
1.
2.
3.
4.
Pro-Poor Provisions of the 1987 Constitution

Chapter V- The Making of the Constitution

Since the late 19th century, Filipinos have written their own constitutions
to inspire and to express their aspirations for nationhood. The First Philippine
Republic under General Emilio Aguinaldo had a written charter called the
Malolos Constitution of 1899.
During the American era, the all-Filipino constitutional convention of
1934-1935 drafted the 1935 Constitution. This became the framework of
government for the Philippine Commonwealth and later on, the Third
Philippine Republic.
 In the late 1960s, there was another clamor to change the 1935
Constitution, since many people felt that it had become outdate and incapable
of solving the terrible problems facing the country. The nation was drifting
towards chaos due to increased poverty and crimes, student demonstrations,
the growth of the communist New People’s Army, and the secessionist Moro
National Liberation Front.
A Constitutional Convention (ConCon) of about 320 duly-elected
delegates met from November 10, 1970 to November 30, 1972, to draft a new
charter. While the Con-Con was meeting, other significant events occurred in
the country--- the Plaza Miranda massacre of August 21, 1971; the local
elections of November 8, 1971; the suspension of the writ of habeas corpus
from August 21, 1971-January 11, 1972; more demonstrations by students and
bombing by terrorists; and the declaration of martial law by Pres. Marcos on
September 21, 1972.
On January 10-15, 1973, the charter was ratified by hastily-organized
citizens assemblies in a national referendum-plebiscite. At noon of January 17,
1973, Pres. Marcos issued Proclamation No. 1102 announcing the ratification
of the constitution and putting it into immediate effect.
Both the ratification process and the validity of the 1973 Constitution
were questioned in several cases filed before the Supreme Court. On March
31, 1973, the Supreme Court ruled that the constitution was not validly
ratified. But the Court also stated that the charter was legally in effect due to
the proclamation of President Marcos.
The 1973 Constitution was amended several times in 1976, 1980, 1981
and 1984. Many of its original provisions- e.g. a parliamentary government, a
president with only ceremonial powers, a National Assembly, etc.- were never
put into operation by President Marcos. Instead, with each amendment of the
constitution, the powers of the president increased.
Meanwhile, the people reeled under the heel of tyranny and corruption.
After the assassination of Senator Benigno S. “Ninoy” Aquino Jr. on August 21,
1983, the country suffered the worst economic and political crises in postwar
history. Finally, after the February 1986 People’s Power Revolution, President
Corazon Cojuangco “Cory” Aquino, the widow of the late Senator, was
inducted into office, and President Marcos fled the country for exile abroad.
 On March 24, 1986, Pres. Aquino issued Proclamation No. 3
promulgating the “Freedom Constitution” which served as the legal basis for
her provisional government. The Freedom Constitution contained the
following provisions:
1. It adopted the Bill of Rights of the 1973 Constitution;
2. It abolished the Batasang Pambansa and granted legislative powers to
President Aquino until after a new legislature is established;
3. It provided for the appointive powers of the President;
4. It declared the validity of laws, executive orders, proclamation, letters of
instruction, and rules of the previous regime, as well as treaties and
contracts previously approved, unless they were otherwise revoked by
new presidential orders;
5. It provided that the Vic-President would succeed the President in case of
death, incapacity or resignation, and in case the Vice President cannot
succeed, the Cabinet members will choose from among them a minister
with portfolio to head the government.;
6. It provided for the holding of local elections after the plebiscite to ratify
the new constitution; and
7. It provided for the drafting of a new constitution within 60 days by a
constitutional commission.
On April 23, 1986, Pres. Aquino issued Proclamation No. 9 summoning the
Constitutional Commission “ConCom”. The proclamation provided that not
more than 50 members would be appointed by the president from national,
regional and sectoral representatives who have experience in government
or have recognized competence in their respective fields. Only 48 members
to the Con-Con were finally appointed, representing various backgrounds.
Former Chief Justice Roberto Concepcion, at 84, was the oldest member,
and student leader Jose Luis Gascon, at 22, was the youngest.
On June 1, 1986, the Con-Con began its work at the old Batasan Building
in Quezon City. The body elected as officers: Justice Cecilia Munoz Palma
(President); Senator Ambrosio Padilla (Vice President); Flerida Ruth Romero
(Secretary =-general); and Roberto San Andres (sergeant-at arms).
The Con-Con accepted suggestions, delegations and testimonies from
diverse groups in the country. Finally, it approved the new charter on
October 15, 1986, one month behind the original schedule. Two members
voted against the new charter-Jose E. Suarez and Jaime S. L. Tadeo-and film
director Lino Brocka had resigned earlier on September 1.
On February 2, 1987, a national plebiscite ratified the new constitution.
Hence, the new charter has paved the way for a stable political
environment in the country.

The Preamble of the 1987 Constitution states that

We, the sovereign Filipino people, imploring the aid of Almighty God, in
order to build a just and human society and establish a Government that
shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our
posterity the blessings of independence and democracy under the rule of
law and regime of truth, justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.

The Nature of the PREAMBLE

The preamble of the 1973 and the 1987 Constitution is expressed in the
first person plural by the use of the personal pronoun “we” as distinguished
from the 1935 Constitution which used the third person “The Filipino
people”.
The purpose of the change is to make a clear implication that the
Constitution is really an expression and promulgation of the people and
that they ordained and promulgated it through their representatives.
The word preamble is derived from the Latin word preambulus which
means “going before and preambulare, “to walk before”. It is the
preliminary statement in speech or writing; a preface, prologue, or
introduction. It may also be the introductory part of a piece of writing
especially the introductory part of a statute, ordinance, charter or
Constitution which states the reasons and purpose of the text that follows
(Webster Dictionary Illustrated, p.1563).
 All the past constitutions of the Philippines had their respective
preambles containing among others the intentions of the framers or of the
people adopting the same.
FUNCTIONS and IMPORTANCE of the PREAMBLE
A Constitution or a law may or may not have a preamble. In any case,
the presence and absence of a preamble does not make a constitution or
law less or more effective and valid. The preamble cannot create a power of
obligation or right as well as a privilege unless in other parts of the body
that follows the discussion.
In general, although it is held that the preamble is not independent
source of power to the government, yet it has a definite weight and is
essential part, being an enacting clause or introduction to the Constitution.
It declares by whom the Constitution was adopted and for what purposes.
The preamble, therefore, helps ascertain the meaning, significance and
intention of the Constitution and gives a brief and precise expression of the
aims and purposes of those who adopted the Constitution. The 1987
Constitution is very clear and emphatic about the people’s aims and
purposes in its preamble.

GENERAL OBJECTIVES OF THE 1987 CONSTITUTION

In ordaining and proclaiming the 1987 Constitution of the Republic of the
Philippines, the sovereign Filipino people have the following purposes:
1. To build a just and humane society.
2. To establish a Government that shall
a. Embody our ideals and aspiration
b. Promote the common good
c. Conserve and develop our patrimony
d. Secure to ourselves and our posterity the blessing of independence
and democracy under the
1. Rule of law and
2. A regime of truth, justice, freedom, love, equality and peace.
The two main purposes as expressed completely in the preamble of the
1987 Constitution are the building of a just and humane society and the
 establishment of a government with the aforementioned and specific
aims. We therefore rely in the aid of Almighty GOD in the attainment of
these purposes.
Thus, in effect, is what the preamble is all about.
Answer the following questions:
1. Why is the Preamble necessary in a Constitution?
2. Why should the government maintain and promote the common
good of its people?
3. How can our people participate in conserving and developing our
patrimony?
4. Why is the Rule of Law better than the Rule of Man?
5. How would you create a Preamble for our Constitution? You may
revise our present Preamble or just make a new one which you think
will be more representative of the people’s intention.
THE NATIONAL TERRITORY
Objectives:
1. Explain the importance of defining the national territory
2. Define the extent of the national territory
3. Learn about disputed territories
The national territory of the Philippines is defined in Article I of the 1987
Philippine Constitution as follows:
The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and 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 islands of the archipelago,
regardless of their breath and dimensions, form part of the internal
waters of the Philippines.
THE NATIONAL TERRITORY AND THE IMPORTANCE OF DEFINING IT
The Philippines is by nature composed of more than 7,107 islands and
islets lying a little above the equator off the coast of the continent of Asia.
Its islands, stretch almost a thousand miles from North to South and its
irregular coastline consist of 10,850 statute miles. Its total land area is
about 114,839 square miles, one half of which is covered by forests.
The second definition of our natural territory being an archipelago shall
refer to and shall cover the islands and waters set forth in the Treaty of
Paris on December 10, 1898, the treaty of November 7, 1900 between USA
and Spain (covering Cagayan, Sulu and Sibutu groups omitted in the Treaty
of Paris) and the treaty of January 2, 1930 between the United States and
United Kingdom (covering the Turtle Islands and Mangsee Groups).
It was therefore erroneous to conclude that the above mentioned
definition did away with the defined territorial waters set forth in the
Treaty of Paris.
As to the internal waters of our archipelago, these are still protected by
the sentence in the definition of our national territory which reads: “The
waters around, between, and connecting the islands of the archipelago,
regardless of their breath and dimensions, form part of the internal waters
of the Philippines.
It is important to formally define the national territory because it serves
as our guide in international boundary disputes. The Armed Forces, the
Philippine Coast Guard and other agencies use the formal definitions as
their basis for monitoring the territory of the country. It also allows us to
utilize resources on areas considered as part of Philippines’ domain.

EXTENT OF THE NATIONAL TERRITORY

Speaking of the scope and legal implication of the boundaries of the
Philippine archipelago, the Committee on National Territory of the 1971
Constitutional Convention observed:
“What the Philippines did when it enacted Republic Act No. 3046 was to
affirm a determination made in 1898 by Spain and the United States to the
effect that all the waters and the islands inside the boundaries set forth in
Article III of the Treaty of Paris are part of its land and maritime territory. In
Republic Act No. 6046, the Republic of the Philippines has declared that the
waters from the outmost islands of the boundaries set forth in the Treaty of
Paris comprises its territorial sea”.
 The words “all other territories over which the Philippines has
sovereignty and jurisdiction” can well cover which our country has effective
sovereignty and jurisdiction.
The definition of our territory, territorial and internal waters including
the 200-mile economic zone as well as the islands over which we have
historic right or legal title is provided for and duly protected under Republic
Act 5446, Presidential Decree No. 1596 and Presidential decree No. 1599,
all of which, pursuant to Section 3, Article XVIII of this Constitution, shall
continue to be valid and effective until amended or repealed.
DISPUTED TERRITORIES
At present, the Philippines’ claim over the Kalayaan Group of Islands is
seriously being undetermined by the frequent intrusion into the area of
Chinese and Vietnamese vessels. Some countries are even alleged to have
constructed certain structures in the area. The Philippine Navy, however, is
strictly monitoring the presence of aliens.
On the other hand, our claim to Sabah (which Malaysia claims as its
own) is at a standstill, owing to the fact that past governments are afraid of
destroying cordial relations with Malaysia. Negotiations have been
conducted but to no avail.
Questions:
1. What comprises the national territory of the Republic of the Philippines?
2. Why is the provisions on national territory significant in the
Constitution?
3. What is the reason for the standstill in the Philippine’s claim over Sabah?
Should we pursue this claim ? Why?
4. What are the bases and manifestations of our sovereignty over the
Kalayaan Group of Islands in the Spratlys?
5. What do you think should be done by government to consistently
protect our territorial waters?

Article II- Declaration of Principles and State Policies

It is a statement of the basic ideological principles and policies that
underlie the Constitution. As such, the provisions shed light on the meaning of
other provisions of the Constitution and they are a guide for all department of
the government in the implementation of the Constitution”.
 Under the present Constitution, Article II or the Declaration of Principles
and State Policies contain 28 provisions (section) which is relatively numerous
than the 1973 and 1935 Constitution. Of the 28 sections in the 1987
Constitution, Section 1- 6 are principles while Section 7-28 are declaration of
State policies.
A. Declaration of Principles
As mentioned, the first 6 sections of article II are the declaration of
principles. These are:
1. The Philippine as a Democratic and Republican state
Section 1. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority
emanates from them.
The Philippines in conformity with the above provision is a republican
and democratic state and declares that sovereignty resides in the people
and all government authority emanates from them. “Translating this
declaration into actuality, the Philippines is a republic because and solely
because the people in it can be governed only by officials whom they
themselves have placed in office by their votes.”
A republican government is “government of the people, by the people
and for the people—a representative government through which they
have agreed to exercise the powers and discharge the duties of their
sovereignty for the common good and general welfare”
It is a government by a representative elected by the people through
popular election. It is not a case of a pure democracy, where the people
govern themselves directly, but in our case, we govern indirectly
through public officials we elect.
Likewise, by virtue of being a republican state, the Constitution provides
That “Sovereignty resides in the people and all government authority
emanates from them”. People refer to the “Filipino people considered as a
state, and by the term sovereignty of the people is meant, then, that the
Filipino people as a whole constitute the ultimate source of authority.” The
sanctity of the popular will, the most essential factor in a democratic
government.
Characteristics or Manifestation of a Republican State
1. The principles of “government of laws and not of men”
 Ours is—and must ever be—a government of laws and not of men. By
this principle is meant that,” no official, no matter how high, is above the
law”. That all the officers of the Government, from the highest to the
lowest, are creatures of the law and are bound to obey it.
2. The observance of rule of majority
The observance of the rule of the majority is an unwritten law of popular
government. In many instances the rule of the majority is observed in
our government. Thus, two-thirds majority vote is required to pass a bill
as well as to reconsider a bill vetoed by the President.
3. Accountability of public officers
Under a republican system, public officers are at all times be
accountable to the people, serve them with utmost responsibility,
integrity, loyalty, and efficiency, act with patriotism and justice, and lead
modest lives.
4. Legislature cannot past irrepealably laws.
The Congress is, as a rule, cannot pass irrepealably laws or those
permanent in character. This is because when our laws assumes a
permanent, “the policy of the state would become fixed and
unchangeable on great national interest which might retard, if not
destroy the public prosperity.”
5. Separation of Powers
The separation of powers is a fundamental principle in a system of
government. It obtains not through express provisions but by actual
division in our Constitution. Under the principle of separation of powers,
the “powers of government are distributed among three coordinate and
substantially independent organs: the legislative, the executive and the
judicial. Each of these departments of the government derives its
authority from the Constitution, which in turn, is the highest expression
of the popular will. Each has exclusive cognizance of the matters within
its jurisdiction, and is supreme with in its own sphere.”
The different departments of the government are coordinate, coequal
and each functions independently, uncontrolled and uncontrolled by the
other. One department may not control or interfere in any way with
another in the exercise of its functions.
6. Principles of checks and balances
By this principle is meant that the Constitution grants powers to each of
the three branches of government-legislative, executive and judicial- to
 check the acts of the other branches. This “insures each branch a
sufficient role in the actions of the others so that no one may dominate”.
It is also intended to “ to secure coordination in the workings of various
departments of government”.
For example, the executive department of the government may
annul and set aside acts of the legislative department of the government
under its power of veto. So may the legislative department of the
government by repealing or amending law. Likewise the judicial
department of the government may annual and set aside acts of the
legislative department of the government when such acts are contrary
to the fundamental laws of the state or beyond the powers of the
legislative department. But in every case, where one department, as
above indicated, to any extent attempts to control the effects of acts of
the other department or departments, it is acting under its own powers
and within its own department.
7. Existence of Bill of Rights
The Constitution under Article III provides for a bill of rights, which
is “a classified list of the rights and privileges of individuals,
whether personal, civil, or political which the constitution is
designed to protect against governmental oppression, containing
also the formal assurance or guaranty of these rights. It is a
charter of liberties for the individual, and a limitation upon the
power of the state.”
8. Presence of election through popular will
Under our system of government we observed the system of
election as “the means by which the people choose their officials
for definite and fixed periods and to whom they entrust, for the
time being, as their Representatives the exercise of the powers of
government.”(Discussed under Article V, suffrage)
2. Renunciation of War and Generally Accepted Principles of International
Law
Section 2. The Philippines renounces was as an instrument of national
policy, adopts the generally accepted principles of international law as
part of the law of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
 Two underlying principle is said down in this section, first,
renunciation of war and second, the adoption of generally accepted
principles of international law.
3. Supremacy of Civilian Authority
Section 3. Civilian authority is, at all times, supreme over the military.
The Armed Forces of the Philippines is the protector of the people and
the State. Its goal is to secure the sovereignty of the State and the
integrity of the national territory.
The first sentence “Civilian authority is, at all times, supreme over
the military”, is concretized in Article VII, Sec. 18, wherein the President
a civilian, is declared the Commander-in-chief of the Armed Forces of
the Philippines. Thereby, the head of our military institution is a civilian,
which is in conformity with the above-declared principle that civilians
are supreme over the military. The president may call out such Armed
Forces to prevent violence, rebellion, etc.
The second part enumerates the objectives for establishing the
Armed Forces. Such institution by express mandate of the Constitution
exist to 1) protect the people and the State; 2) to secure the sovereignty
of the State and 3) to preserve the integrity of our national territory.
4. Prime Duty of the Government
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 may be required, under
conditions provided by law, to render personal military or civil service.
This section lays down the principle that primary or foremost duty
of the government is to serve and protect the people.
It also announces the duty of the government to “defend the
state” and to carry out such task, the government may require the
citizen in rendering personal military or civil service.
5. Maintenance of Peace and Order
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 people of the blessings of
democracy.
“This declaration is already embodied in one of the inherent
powers of the government-the so called police power of the State. Police
power is the power to promulgate wholesome rules and regulations not
 repugnant to the Constitution for the promotion of the general welfare
which includes the protection of the citizens, the safety and good order
of society. Besides, the guarantees contained in the Bill of Rights to the
life, liberty and property of citizens already ensure full enjoyment by all
the people the blessing of democracy”.
6. Separation of Church and State
Section 6. The separation of Church and State shall be inviolable.
The separation of church and state means that the two must not
interfere with each other on matters within their own exclusive domain.
Church for example must not interfere on purely political matters
affecting the state such, for example, the appointment of public officials
to run the different departments of the executive department. In the
same way that the state must not interfere on purely secular or
ecclesiastical matters, like scheduling of church services and how it is to
be conducted.
However, the separation of the two, which is inviolable must not
be interpreted to mean a hostile separation but rather as constructive
division with a recognition that the respective aspects they promote are
essential to the full development of Filipinos. ( further explained in Bill of
Rights-Freedom of Religion)
B. State Policies
1. Independent Foreign Policy
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.
Under this provision, the state shall pursue an independent
foreign policy. Foreign policy refers to the prescribed direction
followed by our government in the conduct of its relation with other
states.
An “independent foreign policy” means a self-governing foreign
policy free from influence, control, or determination of another or
other states.
Furthermore, in the conduct of the country’s relation with other
states, foremost consideration must be given to our “national
sovereignty, territorial integrity, national interest, and the right to
self-
determination.
2. Freedom from nuclear Weapons
Section 8. The Philippines, consistent with the national interest,
adopts and pursues a policy of freedom from nuclear weapons in its
territory.
3. Social Justice
Section 9. The State shall promote a just and dynamic social order
that will ensure the prosperity and independence of the nation and
free the people from poverty through policies that provide adequate
social services, promote full employment; a rising standards of living,
and an improved quality of life for all.
Section 10. The State shall promote social justice in all phases of
national development.
4. Respect for Human Rights
Section 11. The State values the dignity of every human person and
guarantees full respect for human rights.
5. Family as a Basic Social Institution and the natural and Primary
Right and Duty of Parents
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.
6. Youth and Nation Building
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.
7. Role of Women
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.
8. Right to Health of the People
Section 15. The State shall protect and promote the right to health of
the people and instil health consciousness among them.
9. Right to Balance and Healthful Ecology
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.
10.Priority to education
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.
11.The Rights of Labor
Section 18. The State affirms labor as primary social economic force.
It shall protect the rights of workers and promote their welfare.
This section recognizes the role of labor as an indispensable social
economic force. Indeed, in Economics, of the different factors of
production or the so called economic resources ( land, capital etc.),
labor is considered to be the most important is as its role to utilize
the other factors in the production of goods and services.
Furthermore, in response to the affirmation of labor as a primary
social economic force, it is then one of the policies of the state to
protect the rights of workers as well as to promote their welfare.
(note: Protection of the rights of workers is discussed thoroughly in
section 3 of Article XIII or the “Social Justice and Human Rights”)
12. Self -reliant and Independent Economy
Section 19. The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
13.Role of Private Sectors
Section 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provide incentives to
needed investments.
14.Comprehensive Agrarian Reform
Section 21. The State shall promote comprehensive rural
development and agrarian reform.
15.Rights of Indigenous Communities
Section 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of national
unity and development.
16.Non-governmental Organizations
Section 23. The State shall encourage non-governmental community-
based or sectoral organizations that promote the welfare of the
nation.
This provision recognizes a philosophy that is prevalent now even
in our country as well as in many other countries of the world-that
volunteerism and participation of non-governmental organization
should be encouraged.
17.Communication and Information
Section 24. The State recognizes the vital role of communication and
information in nation-building.
18.Autonomy of Local Government
Section 25. The State shall ensure the autonomy of local
governments
Under this section, it is the policy of the state to guaranty the
autonomy of our local government. “Local government has been
described as a political subdivision of a nation or state which is
constituted by law and has substantial control of local affairs”. But
what is autonomy?
“Applied to local governments in the context of the Philippine
situation, autonomy means the power of local government units to
enjoy limited self-government as defined by law”. The principle of
local autonomy under the 1987 Constitution simply means
decentralization.
But what is decentralization? It simply means that “local
government units shall be given more powers, authority,
responsibilities, and resources”. The purpose of the Decentralization
is “to transform local governments gradually into effective
instruments through which the people can in a most genuine fashion,
govern themselves and work out their own destinies. In consonance
with such policy, its purpose is to grant to local governments greater
freedom and ampler means to respond to the needs of their people
and promote their prosperity and happiness and to effect a more
equitable and systematic distribution of governmental powers and
resources.”
Autonomy is either decentralization of administration or
decentralization of power. There is decentralization of administration
when the central government delegates administrative powers to
political subdivisions in order to broaden the base of government
power and in the process to make local governments “more
responsive and accountable, and ensure their fullest development as
self-reliant communities and make them more effective partners in
the pursuit of national development and social progress. At the same
time, it relieves the central government of the burden of managing
local affairs and enables it to concentrate our national concerns.
Decentralization of power, on the other hand, it involves an
abdication of political power in the favour of local government units
declared to be autonomous. In that case, the autonomous
government is free to chart its own destiny and shape its future with
minimum intervention from central authorities.
19.Equal Opportunities for Public Service
Section 26. The State shall guarantee equal access to opportunities
for public service, and prohibit political dynasties as may be defined
by law.
20.Honesty and Integrity in the Government
Section 27. The State shall maintain honesty and integrity in the
public service and take positive and effective measure against graft
and corruption.
21.Transparency in Government
Section 28. Subject to reasonable conditions prescribed by law, the
State adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
Questions :
1. What is a democratic and republican government?
2. What are the manifestations of a Republican Government?
3. Explain the Principles of Separation of Powers and Check and
Balances?
4. What is meant by “autonomy of local governments”?
The Bill of Rights
I. The Bill of Rights
Article III of our Constitution is the Bill of Rights, otherwise known as
the “Constitution of Liberty”. It is “a classified list of the rights and
privileges of individuals, whether personal, civil, or political which the
constitution is designed to protect against governmental oppression,
containing also the formal assurance or guaranty of these rights. It is
a charter of liberties for the individual, and a limitation upon the
power of the state”.
Its basis is the very system of our government, “that in a democratic
or republican state there is a recognition of the importance of the
respect paid to its individual members. From the earliest moment of
our history we have believed that every human being has an essential
dignity and integrity which must be respected and safeguarded”.
Thus, the Bill of Rights is only an affirmation of that inherent rights
and privileges of individuals in a democratic society.
The constitutional rights embodied in Article III of the Constitution
are classified as either political or civil rights. Political rights “are such
rights as have relation to the participation of the individual, directly
or indirectly, in the establishment or administration of government”.
Freedom of speech and assembly among others are considered
political rights.
On the other hand, Civil rights are non-political rights of all
citizens, especially those rights relating to personal liberty. Among
the civil rights is freedom from involuntary servitude, liberty to
abode, unreasonable searches and seizure, etc.
Classification of Rights
There are different kinds of rights people enjoy in a democratic society.
Notable among these are the following : natural; constitutional; statutory; civil;
economic; economic; and political. Let us briefly explain each of these
categories of rights.
 Natural Rights. These are rights inherent to man and given to him by
God as a human being. Examples of these rights are the rights to live,
love and be happy.
 Constitutional Rights. These are the rights guaranteed under the
fundamental charter of the country. Examples of these rights against
 unreasonable searches and seizures, the right against bill of attainder,
and the rights safeguarding the accused under the Bill of Rights.
 Statutory Rights. These are rights provided by the law-making body of a
country or by law, such as the right to receive a minimum wage and the
right to preliminary investigation.
 Civil Rights. These are rights specified under the Bill of Rights, such as
freedom of speech, right to information. They are rights enjoyed by an
individual by virtue of his citizenship in a state or community.
 Economic Rights. These are rights to property, whether personal, real or
intellectual. Some examples of these rights include the following: right
to use and dispose his property; right to practice one’s profession; and
right to make a living.
 Political Rights. These are rights an individual enjoys as a consequence
of being a member of a body politic. Some examples of political rights
are the following: right to vote; right to be voted into public office.

1. Rights to Due Process of the Law and Equal Protection of the Laws
Sec. 1. No person shall be deprived of life, liberty or property
without process of law, nor shall any person be denied the equal
protection of the law.
Section 1 of the Bill of Rights provides for two fundamental rights-
first right to due process of law and; second, right to equal protection
of the law.
Due process of law and equal protection is a “cardinal principle of
American Constitutional law, was introduced by the Philippines by
the United states at the inception of American Sovereignty.” It was
originally included in the Philippine Bill and later under Section 3 of
the Jones law. After which, said provision was embodied in the 1935
as well as under the 1973 Constitution and was in toto reproduced
under 1987 Constitution.
2. Rights against Unreasonable Searches and Seizures
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 search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after
 examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.
3. Right to Privacy of Communication
a. 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.
b. Any evidence obtained in violation of this or the preceding section
shall be inadmissible for any purpose in any proceeding.
4. Freedom of Expression and Right to Assemble
Section 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to
assemble and petition the government for redress of grievances.
5. Freedom of Religion
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
for the exercise of civil or political rights.
6. Liberty of Abode
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.
7. Right to Information
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 may be provided by
law.
8. The Right to Form Associations
Section 8. The right of the people, including those employed in the
public and private sectors, to form unions, associations, or societies for
purposes not contrary to law shall not be abridged.
9. Right to Private property
 Section 9. Private property shall not be taken for public use without just
compensation.
10.The Sacredness of Contracts
Section 10. No law impairing the obligation of contracts shall be passed.
11.Rights of the Accused
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.
Section 12.(1) Any 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 cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and
in the presence of 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, solitary, incommunicado, or other similar forms of detention are
prohibited.
(3) Any confession or admission obtained in violation of this or Section
17 hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of
this section as well as compensation to and rehabilitation of victims of
torture or similar practices, and their families.
13. Section 13.Excessive bail shall not be required.
All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on recognizable as may be
provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall
not be required.
Article III Sec. 14 (1-2).
Sec. 1. No person shall be held to answer for a criminal offense without
due process of law.
Sec. 2. In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the attendance of
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.
Article III Sec. 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the public safety
requires it.
Article III. Sec. 16. All person shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial or administrative bodies.
Article III. Sec. 17. No person shall be compelled to be a witness against
himself.
Article III. Sec. 18 (Sec. 1) No person shall be detained solely by reason of his
political beliefs and aspirations.
Sec. 2. No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly convicted.
Article III. Sec. 19 (Sec. 1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
Section 2. The employment of physical, psychological or degrading punishment
against any prisoner or detainee or the use of substandard or inadequate penal
facilities under subhuman conditions shall be dealt with by law.
Article III. Sec. 20. No person shall be imprisoned for debt or non-payment of a
poll tax.
Article III. Sec. 21. No person shall be twice put in jeopardy of punishment for
the same offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the
same act.
Article III. Sec. 22. No ex post facto or bill of attainder shall be enacted.
ARTICLE IV- CITIZENSHIP
Citizenship is the legal status of a person acquired through being a citizen of a
country while a citizen is a person of a particular country who possesses full
rights and obligations under its laws. As such, the person owes allegiance to
that country which had given him or her rights accorded to its citizens and the
responsibility to defend it from enemies. Likewise, the citizen must obey the
laws of the land, respect its officials, and enjoy full civil and political rights.
Kind of Citizens under the Constitution
General Ways of Acquiring Citizenship
There are many ways of acquiring citizenship. Among them are the following:
1. Jus Soli Method. Some countries regard people born in their territories
as citizens. This is accepted in the United States.
2. Jus Sanguinis Method. On the other hand, if any one of a person’s
parents is a citizen of a particular country, then the person will get that
parent’s citizenship. This is true for the Philippines, where one Filipino
parent (mother or father) is enough to make anyone a Filipino.
3. Naturalization. If any person wants to be a citizen of a particular
country, which may be due to the person’s liking for the tradition,
culture, and lifestyle in that country, then the person can apply for
naturalization of citizenship, subject to applicable laws in that particular
territory.
According to Article IV, Sec. 1 (1-4) of the Constitution, the following are
considered 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 and 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 law.
In Article Iv, Sec. 2, it is mentioned that citizens of the Philippines are of two
kinds. These are the natural-born and the naturalized citizens.
Article IV. Sec. 2. Natural-born citizens are those who are citizens of the
Philippines from birth without having to perform any act to acquire or perfect
their Philippine citizenship. Those who elect Philippine citizenship in
accordance with paragraph 3, Sec. 1 hereof shall be deemed natural-born.
Loss of Citizenship
One’s citizenship is not a permanent, indelible mark. It may be lost due to
certain acts as mentioned in Article IV, Sec. 3.
Article IV, Sec. 3. Philippine citizenship may be lost or reacquired in the manner
provided by law.
There are acts that will result to loss of citizenship. Among them are the
following:
1. By renunciation of one’s citizenship and embracing the citizenship of
another country or expatriation;
2. By taking the oath of allegiance to another country upon attaining the
age of majority; or
3. By joining the military service of another country;
One’s citizenship may also be lost due to the following reasons:
1. By the court’s cancellation of one’s naturalization; or
2. By being convicted of desertion in the Philippine Armed Forces in times
of war.
NATURALIZATION IN THE PHILIPPINES
There are several ways of acquiring Filipino citizenship. One is through
naturalization. Naturalization is the act of naturalization may vary from one
country to another depending on a country’s constitution. However, in the
Philippines, one may be naturalized in two different ways: by applying to a
court and trough a law passed by Congress. Before, one can also be naturalized
by a presidential decree. But presently, the President can no longer pass laws
(Zaide, 1999).
The first way is done through the usual method of acquiring
naturalization. An alien who wants to become a Filipino citizen may apply at
any Regional court for naturalization, where his application will be processed.
After having been convinced of the applicant’s sincerity and qualifications, the
court may grant naturalization documents and declare the person as a
naturalized citizen of the Republic.
 The second way is through a law passed by Congress. This proposal has
to pass in both Houses of Congress. The president has the prerogative to
approve and sign it. Citizenship can be conferred on an alien who has rendered
notable service to the country and who likewise wants to stay in the country
for the rest of his life. This case may hold true for foreign priests, nuns and
pastors who previously benefited from congressional acts of naturalization
(Zaide, 1999).
On the other hand, the act of naturalization has several qualifications.
These are the following:
1. The person must be at least 21 years of age.
2. The person must have resided continuously in the Philippines for at least
10 years.
3. The person must own real estate property in the Philippines or must
have a profitable trade or lawful occupation.
4. The person must have behaved well during his stay in the Philippines.
5. The person must be able to speak and write English or Spanish and any
Filipino dialect.
6. He must enrolled his children if he is married, in any public or private
school where Philippine History and Civics are taught.
Reason for Disqualification from naturalization
Not all foreigners can have the chance to apply for naturalization. There are
various reasons for disqualification. These are as follows:
1. If the person does not believe in organized government.
2. If the person’s ideas advocate violence;
3. If the person is a polygamist, or one who believes in having more than
one spouse;
4. If the person is convicted of a crime involving immorality; or
5. If the person is suffering from insanity or from an incurable or
contagious disease.
Effect of Marriage of a Citizen to an Alien
It is stated in Article Iv, Sec. 4 that a natural born citizen of the
Philippines who marries an alien or foreigner may retain person citizenship.
However, the person may still lose the citizenship if the person renounces the
Filipino citizenship in favour of a foreign one.
Article IV. Sec. 4. –Citizens of the Philippines who marry aliens shall retain
their citizenship, unless by their act or omission they are deemed, under the
law, to have renounced it.
Interestingly, if the wife would like to become a Filipino citizen again she
can apply under the naturalization law and she will become a naturalized
citizen this time. A naturalized citizen, then, is one who was a citizen of
another country but has acquired a new citizenship in a different country
(Zaide, 1999). For example, a Filipino wife can give up her former citizenship
and embrace a foreign citizenship. However, she can reacquire her Filipino
citizenship in accordance with Philippine laws, by becoming a naturalized
Filipino citizen. Her former citizenship will be lost.
How to Reacquire Citizenship
Citizenship can be reacquired in the following manner:
1. By an act of Congress;
2. By naturalization; or
3. By repatriation.

In repatriation, a person needs to take a new oath of allegiance to the

country he wants to be citizen of.
DUAL ALLEGIANCE OF CITIZENS
The law of the Philippines prohibits dual allegiance. Dual allegiance is
not necessarily dual citizenship (Nolledo, 1987). This covers aliens who have
embraced Philippine citizenship. However, they still retained their former
citizenship in their mother country. The philosophy behind this is, when an
alien embraced Philippine citizenship, his total allegiance is expected to be to
the Republic of the Philippines. That is why he has the possibility of committing
an offense punishable by law. As the charter clearly states in Article IV, Sec. 5.
Dual allegiance of citizens is inimical to the national interest and shall be
dealt with by law. Art. IV. Sec. 5.
On the other hand, aliens can be deported. Naturalized aliens can travel
from place to place and reside in countries. However, if they become
undesirable, they can be deported and be ordered to return back to the
country of origin.
 The Philippine government has the power to deport aliens doing the
following:
1. Supporting anarchism, violence and other subversive ideologies;
2. Smuggling prohibited drugs, cigarettes, liquor, and arms or weapons;
3. Forging and counterfeiting money;
4. Car napping and hijacking;
5. Doing immoral acts;
6. Participating in illegal gambling;
7. Disrespecting the Philippine flag;
8. Spying;
9. Engaging in child prostitution;
10.Refusing to socially associate with Filipinos or to adopt Filipino customs,
traditions and ideals;
11.Refusing to embrace the act of naturalization.

ARTICLE V- SUFFRAGE
Objectives:
1. Identify the different processes in Suffrage
2. Cite specific modes in the process.
3. Identify, distinguish and differentiate the process of suffrage
Meaning and Significance of Suffrage
A citizen of the Philippines has some privileges that go with one’s
citizenship. One of them is the exercise of the right of suffrage or the right to
vote. Suffrage is the right or privilege of the electorate to vote in an election so
that officials can be elected to run the affairs of the government. This also
includes the right to be elected to a public position or office. Through the right
of suffrage, a person will have the right to run for a position in the
government. This is the nature of a democratic system of government and a
manifestation of republicanism (Agustin and Rivera, 1999). This is far different
from monarchy and anarchy. In the latter forms of government, public
positions are inherited or even derived from appointments. Whereas, in a
democratic system, the officials are elected by the citizens themselves through
elections.
SCOPE OF SUFFRAGE
 Suffrage includes all manner of decision-making by the people as
provided in the Constitution, which includes:
1. Election – the direct selection by the people of public officials to govern
them, from barangay kagawad to the President of the republic.
2. Plebiscite- the process by which the people will answer yes or no to a
question of law or policy.
3. Initiative – the process through which the electorate may initiate
revisions or amendments to the Constitution. However, an applicable
law is yet to be made for this process.
4. Referendum- used to determine if the people will ratify a charter or a
constitution, or approve or disapprove amendments of the same.
5. Recall- the process by which elected officials are evaluated and
subjected to a possible dismissal from office, with a certain percentage
of the electorate initiating the movement for recall.
Qualifications of Voters
In the Philippines, citizens who exercise the right of suffrage can vote or
run for public office because not all citizens enjoy this right. This right is
granted by the State to the electorate because it believes that the exercise
of this right can be for the good of the public and for the country, as a
whole. As stated in Article V, Section 1 of the 1987 Philippine Constitution:
Article V Sec. 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 propose to vote, for at least six months immediately
preceding the election. No literacy, property, or other substantive
requirement shall be imposed on the exercise of suffrage.
To clarify, for one to qualify as a voter, he/she must (Zaide, 1999):
1. Be a citizen of the Philippines. This cannot be exercised by an alien;
2. Be 18 years of age or more. One who is exactly eighteen during the day
of the election can exercise the right of suffrage;
3. Be a resident of the Philippines for at least one year and in the
municipality where he/she votes for at least six months before the
election. His or her stay in the Philippines may be in different places.
 However, he or she can vote for at least six(6) months prior to the
election;
4. Not be disqualified by the law. The voter must not be insane. Those
convicted of a crime are also prohibited from voting.
On the other hand, before a citizen can exercise his or her right of suffrage,
he or she must be registered in accordance with the law. However, while
registration is a must, before one can vote, it is not a qualification but an
effective way of determining who can vote and a condition performed
before a citizen can exercise suffrage.
The age and residence of the electorate or voter still constitute the basic
requirements of suffrage which is also considered a right. This is why the
Constitution of the Philippines made the right of suffrage as an obligation
under Article V, Section 2 thereof and ensure its secrecy and sanctity.
Article V. sec. 2
The Congress shall provide a system for securing the secrecy and
sanctity of the ballot as well as a system for absentee voting by qualified
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.
As contained in the Constitution, the Philippine government may allow
Filipino citizens living overseas, the disabled and illiterate, to vote during
elections. This will be through a system of absentee voting, as provided by
law.
Who cannot Vote
Quality voting is very essential in the exercise of the right of suffrage and
this can be enhanced by requiring literacy as a qualification. The disabled
and the illiterate will be allowed to vote without the assistance of other
people. However, the illiterate must equally be protected by the law. That is
way, in spite of the objection to allow illiterates to exercise the right of
suffrage, this right has been retained in the Philippine Constitution. Hence,
 the following points were retained for those people who are not allowed to
vote during elections (Zaide, 1999):
1. Those who have been sentenced by the court to an imprisonment of not
less than one year and have not been given amnesty or pardon by the
President.
2. Those who have violated their allegiance to the Republic of the
Philippines; and
3. Those insane or feeble-minded persons.
Objectives of the Right of Suffrage and the Election Laws
There are various reasons why suffrage must be done. This is a way by
which the government maintains and preserve the continuation of its services
and benefits to the people because it must continue to exist for the benefit of
the governed.
To ensure that the sanctity and secrecy of the ballot will be protected,
and that the voice of the people will be respected, the charter has mandated
the Commission on Election (COMELEC) to enforce and admit all laws and
regulations relative to the conduct of elections and related processes.
The purposes of these laws are (Organista and Rivera, 1999)
1. Elimination of fear in the minds of the voters especially with people
whom they did not vote for;
2. Prevention of vote selling and bartering; and
3. Securing the fair and just counts of votes.
Answer the following questions:
1. What is suffrage? What is the significance of the exercise of the right of
suffrage?
2. How does the correct exercise of the right of suffrage affect the officials’
leadership of the country?
3. What advantage can a citizen of the Philippines get in the exercise of the
right of suffrage?
4. Who are those persons prohibited to vote? Why?
5. How can the government maintain and preserve its services and benefits
to the people?
LEGISLATIVE DEPARTMENT
Objectives: (for Sec. 1-10)
* Explain the framework of the legislative Branch
* Give the qualification and disqualification of members
* Illustrate the Legislative department by means of a chart the organizational
set-up of the Congress
* appreciate the advantages of bicameral Assembly

1. Identify the powers and functions of the legislative

2. Enumerate the various composition of the Senate and the House of
Representatives

I. Congress and Legislative Power

Our government is a tripartite system of government composed of three
great branches, the Legislative, Executive and Judicial Departments. They
are “independent but coordinate departments” and the powers of
government have been carefully apportioned between these three distinct
departments.
The first branch, the legislative department- more popularly known as
Congress was granted by our Constitution is a bicameral (Bicameralism)
congress, consisting of two-house legislature- the Senate and House of
Representatives as distinguished from unicameral legislature where there is
only one body. This was a restoration of the bicameral legislature under the
1935 Constitution that was changed into a unicameral congress under the
1973 Constitution (National Assembly).
 Bicameral legislature has certain advantages as well as disadvantages.
One of its principal advantage is that the “two houses would produce a
healthy check upon each other. The House of Representatives was expected
to reflect the popular will of the average citizen, whereas the Senate was to
provide for stability, continuity, and in-depth deliberation. On the other
hand, among the disadvantage of such a legislature includes the lack of fast
action in legislation because in enacting important measure it still needs to
pass the two chambers and if there are disagreement as to the contents of
each , it must undergo again another forum-the conference committee.
II. Laws Defined
Congress was granted the law making function- the authority to make
as well as to change and repeal laws. Laws in this manner refer to the
rules and regulations enacted by the legislature to guide actions in
society, to govern our relations with our fellow Filipinos and our
relation with our government.
III. Nature of the Legislative power of Congress
The nature of legislative power granted to congress is plenary or full,
to which all powers necessary to exercise this power is granted
“subject only to such limitations, as are found in (the Republic’s)
Constitution. Hence, any power, deemed to be legislative by usage
and tradition is necessarily possessed by the Philippine Congress,
unless the Constitution provides otherwise”.
The Legislative power granted to Congress is be classified “into
constituent, which is the power to amend and revise the
Constitution, and ordinary, which is the power to pass ordinary laws”.
However, the grant of legislative power to Congress under the
present constitution is distinct from those granted under the previous
constitution. The 1935 and 1973 Constitutions were vests to Congress
exclusively the exercise of legislative power. The 1987 Constitution
grant of legislative power to congress is not exclusive by virtue of the
provision on “initiative and referendum” whereby the people can
directly propose or reject any act or law or part thereof passed by
the Congress. We give emphasis to the fact that we recognize the
power of the people to legislate under the concept of initiative and
referendum.
Composition of Congress of the Philippines
As mentioned earlier, the Congress of the Philippines is a bicameral
congress consisting of two bodies/houses, the Senate and the House of
Representatives. The Senate is the upper house while the House of
Representatives is the lower house. The members of the Senate are called
senators, but members of the House of Representatives are called
Representatives or Congressman and sometimes even “Members of Congress”.
Article VI Sec. 1- The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the provision on initiative and
referendum.
1. Senate of the Philippines
The Senate, as discussed above is the upper chamber of Congress.
We actually looked upon the Senate as the second level to that of the
President and the Vice- President. Often, the Senate is also looked upon
as a training ground for the Presidency.
Article VI Sec. 2 & 3-
Sec. 2. The Senate shall be composed of twenty-four Senators who shall be
elected at large by the qualified voters of the Philippines, as may be provided
by law.
Sec. 3- No person shall be a Senator unless he is a natural-born citizen of the
Philippines, and on the day of the election, is at least thirty-five years of
age, , able to read and write, a registered voter, and a resident of the
Philippines for not less than two years immediately preceding the day of the
election.

a. Composition
The Senate consists of 24 members elected at large by qualified voters,
which means that they are national elected officials. In fixing the composition
of the members of the Senate at 24, no consideration has been made in terms
of its proportion to the number of population. The composition of 24 would be
sufficient in order, first, to at least attain economy; Senate with only 24 may be
able to achieve quality legislation, instead of putting more in the Senate. It may
be just another body similar to the lower House.
b. Qualifications
The qualifications for Senators are the following:
1. Natural –born citizen of the Philippines
2. At least 35 years of age
3. Able to read and write
4. A registered voter
5. A resident of the Philippine for at least 2 years before the election
The term of office of the Senators are fixed as stated in Article VI, Sec. 4:
Art. VI. Sec. 4= The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the thirtieth day of
June next following their election. No senator shall serve for more than two
consecutive terms. Voluntary renunciation of the office for any length of time
shall not be considered as an interruption in the continuity of his service of
the full term of which he was elected.
The Senators have a term of six years with a possible reelection. In
the 1992 elections, the first twelve senators who got the highest number of
the votes served for six years and the remaining twelve for three years.(Zaide,
1999)
No senator shall serve for more than two consecutive terms. He is
entitled to one immediate reelection after which he may rest and run later. If a
senator renounces his office, for any length of time, this will still be considered
a full term for him, effectively barring him from running again if he is on a
second term.
THE HOUSE OF REPRESENTATIVES
The House of Representatives is often called the Lower House, although
the term does not imply being an inferior group. The House is simply the other
half of a two-chamber Congress. Basically, the House of Representatives is
compose of representatives from various districts and sectors in the country,
as indicated in Article VI, Section 5 of the Constitution.
Article VI Sec. 5 (1 & 2)
(1). The House of Representatives shall be composed of not more than 250
members, unless otherwise fixe by law, who shall be elected from legislative
districts apportioned among the provinces, cities and the Metropolitan
Manila area in accordance with the number of their respective inhabitants
and on the basis of a uniform and progressive ratio, and those who, as
provided by law, shall be elected through a party-list system of registered
national, regional and sectoral parties or organizations.
(2) The party-list representatives shall constitute twenty per centum of the
total number of representatives including those under the party-list. For
three consecutive terms after the ratification of this Constitution, one-half of
the seats allocated to party-list representatives shall be filled, as provided by
law, by selection or election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.
Article VI Sec. 5 (3&4)
(3) Each legislative district shall comprise, as far practicable, contiguous,
compact, and adjacent territory. Each city with a population of at least two
hundred fifty thousand, or each province, shall have at least one
representative.
(4) Within three years following the return of every census, the Congress
shall make a reappointment of legislative districts based on the standards
provided in this section.
The representative would come from various districts which are
apportioned among the various places in the country, guaranteeing
representation for each given local.
However, there are also different sectors in the country which have their
own objectives and interests. Because of this, the Constitution has provided for
party-list representatives coming not from districts, but from the various
sectors such as labor, women, youth and others. These party-list must
constitute twenty percent of the total number of representatives.
There are qualifications to being a Member of the House of
Representatives, and Article VI, Sec. 6 of the Constitution, thus:
Article VI Sec. 6- No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the Philippines and on
the election, is at least twenty-five years of age, able to read and write, and
except the list of representatives, a registered voter in the district in which
he shall be elected, and a resident thereof for a period of not less than one
year immediately preceding the day of the election.

The qualification of a congressmen are clarified as follows:

1. A natural-born citizen;
2. At least 25 years old;
3. Able to read and write
4. Must be a registered voter in the legislative district and a resident of it
for at least one year before the elections (this is not a required
qualification for the party-list representative)
The term of office of Members of the House of Representatives are fixed in
Article VI, Sec. 7 of the Constitution as follows:
Art. VI. Sec. 7- The members of the House of Representatives shall be
elected for a term of three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of June next following their
election.
No Member of the House of Representatives shall serve for more than
three consecutive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity
of his service for the full term for which he was elected.
Congressmen are allowed only three consecutive terms. With three
years for each term, this is equivalent to 9 consecutive years in office. Of
course, a representative can always take a rest in-between to allow him to
run again for a continuous term. As with senators, representatives cannot
renounce their positions for any length of time because it will still be
considered a full term for him.

CONGRESS AS ONE BODY

Although the Senate and the House of Representatives are distinct
entities, their union is what comprises Congress. There are provisions in the
Constitution which refer both to the Senate and the House of
Representatives as one body.
Election of Congress Members
Article VI, Sections 8 and 9 of the Charter fixes the schedule of the
elections for the Members of Congress, and provides for a process in case
of vacancies.
Article VI Sec. 8 & 9
Unless otherwise provided by law, the regular election of the Senators
and the members of the House of Representatives shall be held on the
second Monday of May.
In case of vacancy in the Senate or in the House of Representatives, a
special election may be called to fill such vacancy in the manner prescribed
by law, but the Senator or Member of the House of Representatives thus
elected shall serve only for the expired term.
Salary as Determined by Law
Because a public office is a public trust, article VI, sec. 10 of the
constitution has provided some guidelines on the financial aspects of being
a Member of Congress. For one, it has restricted salary increases for
Members of Congress.
Article VI Sec. 10- The salaries of senators and Members of the House of
Representatives shall be determined by law. No increase in said
compensation shall take effect, until after the expiration of the full term
of all Members of the Senate and the House of Representatives approving
such increase.
The law has the legal right to determine the salary of the senators and
members of both houses. No increase in such compensation shall be
effective and made until after the expiration of the full term of all the
Members of the upper and lower house approving such increase. However,
it is provided by Congress that the Senators and Members of the House of
Representatives shall each receive an annual salary of 204,000.00 pesos.
Objectives: ( Article VI Sec. 11-22)
1. Identify the committees and legislative bodies used to check the
executive department and Judicial Department
 2. Identify House bodies of the Congress which serves as a check to the 2
branches of the government
3. Appreciate the beauty of the system of check and balances in a working
democracy
Congressional Privileges
Despite the limitations, article VI, Section 11 of the Charter has given
members of Congress the privilege from arrest while the Congress is in session.
Article VI. sec. 11- A Senator of the House of Representatives shall, in all
offenses punishable by not more than six years imprisonment, be privileged
from arrest while the Congress is in session. No member shall be questioned
nor be held liable in any other place for any speech or debate in the congress
or in any committee thereof.
Members of Congress shall, in all offenses punishable by not more than
six years of imprisonment, be privileged from arrest while the Congress is in
session. The meaning of the phrase, “while the Congress is in session” shall
refer to a situation where congress has not adjourned, whether or not the
Member of Congress concerned is attending the session.
Moreover, the Members of Congress-lower or upper house, shall be
questioned or be held liable in any other place, for any speech or debate in the
Congress or any committee thereof. The speech or debate must refer to
utterances made in the performance of duties as members of Congress.
However,, parliamentary immunity does protect a Member of Congress from
responsibility before the legislative body itself when his words and conduct are
considered by his peers disorderly or unbecoming (Nolledo, 1987)
Senators and congressmen are also mandated to disclose their financial
and business interests as stated in Article VI, Sec. 12.
Article VI. Sec.12. – All members of the Senate and House of Representatives
shall, upon assumption of office, make a full disclosure of their financial and
business interests. They shall notify the House concerned of a potential
conflict of interest that may arise from the filing of a proposed legislation of
which they are authors.
This is filed under the Statement of Assets and Liabilities (SAC), which is
very important in determining whether a senator or a representative, or any
public official for that matter, has enriched himself while in office.
Limitations of Members on Congress
To discourage conflict of interest, the Constitution has set some
limitations on Members of Congress, as follows:
1. They may not personally appear s counsel before any court or justice or
before the Electoral Tribunals, or quasi-judicial and other administrative
bodies.
2. They shall not during their term of office, be directly or indirectly
interested financially in any contract with, or in any franchise or special
privilege granted by the government, or any subdivision, agency or
instrumentality thereof, including any government-owned or controlled
corporation, or its subsidiary.
3. They shall not intervene in any matter before any office of the
Government for their pecuniary benefit or where they may be called
upon to act on account of their office.
4. They may not hold any other office or employment in the government,
or any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries,
during their term without forfeiting their seats.
5. They shall not be appointed to any office which may have been created
or the emoluments thereof increased during the term for which they
were elected.
These are found in Sections 13 and 14 of Article VI of the Constitution.
Article VI Sec. 13 & 14.
No Senator or Member of the House of Representatives may hold any
other office or employment in the Government, or any subdivision, agency,
or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries, during his term without forfeiting his seat.
Neither shall he be appointed to any office which may have been created or
the emolument thereof increased during the term for which he was elected.
No Senator or Member of the House of Representatives may
personally appear as counsel before any court of justice or before the
Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither
shall he, directly or indirectly, be interested financially in any contract with,
or in any franchise or special privilege granted by the government, or any
subdivision, agency or instrumentality thereof, including any government-
owned or controlled corporation, or its subsidiary, during his term of office.
He shall not intervene in any matter before any office of the Government for
his pecuniary benefit or where he may be called upon to act on account of his
office.
Article VI, Sec. 15 of the Constitution also sets the date for its regular session.
Article VI Sec. 15.-
The Congress shall convene once every year on the fourth Monday of
July for its regular session, unless a different date is fixed by law, and shall
continue to be in session for such number of days as it may determine until
thirty days before the opening of its next regular session, exclusive of
Saturdays, Sundays and legal holiday. The President may call a special session
at any time.
Congress convenes once every year and this happens on the fourth
Monday of July, unless a different date is fixe by law.
ORGANIZATION OF CONGRESS
Officers of Congress
As in any other organization, Congress is headed by certain officers
which will be leading the policy-making body’s directions.
Article VI Sec. 16 (1)
The Senate shall elect its President and the House of Representatives,
its Speaker, by a majority vote of all its respective members. Each House shall
choose such other officers as it may deem necessary.
The Senate president and the Speaker of the House are elected by a
majority vote of the members of each house. There are also other officers such
as the Senate president Pro-Tempore, the Deputy Speaker, and the
chairpersons of the different committees and sub-committees under each
house, plus other officers.

Rules of Congress
 To give some manner of independence for each House of Congress,
Article VI, Section 16 of the charter has provided each House with the freedom
to set its own rules. These are rules on proceedings, suspensions and penalties
for erring members, and adjournments:
Article VI Sec. 16 (2-5)
Sec. 16. (2) A majority of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to day and may
compel the attendance of absent Members in such manner, and under such
penalties, as such House may provide.
(3) Each House may determine may determine the rules of its
proceedings, punish its Members for disorderly behaviour , and with the
concurrence of two-thirds of all its Members, suspend or expel a Member. A
penalty of suspension, when imposed, shall not exceed sixty days.
(4) Each house shall keep a Journal of its proceedings, and from time to
time to publish the same, excepting such parts as may, in its judgment, affect
national security: the yeas and nays on any question shall, at the request of
one-fifth of the members present, be entered in the Journal.
Each House shall also keep a record of its proceedings.
(5) Neither House during the sessions of the Congress shall, without
the consent of the other, adjourn for more than three days, nor to any other
place than that in which the two Houses shall be sitting.
These rules are necessary to keep each group functioning. However, the
details or specifications of each rule are left to the discretion of the members
of each House.
THE ELECTORAL TRIBUNALS
To judge all undecided election contests which involve Members of
Congress, electoral tribunals are set up in each House of Congress as stated in
Article VI, Section 17.
The Senate and the House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests relating to the
election, returns and qualifications of their respective Members. Each
Electoral Tribunal shall be composed of nine members, three of whom shall
be justices of the Supreme court to be designated by the Chief Justice, and
the remaining six shall be Members of the Senate or the House of
Representatives, as the case may be, who shall be chosen on the basis of
proportional representation from the political parties and the parties or
organizations registered under the party-list system represented therein. The
Senior Justice in the Electoral Tribunal shall be its Chairman.
The Electoral Tribunals of the government shall be composed of nine
members which consists of three Supreme Court Justices and six members of
the Upper and Lower House. The function of these tribunals is to decide cases
of election protests which involve Members of Congress (Zaide, 1999)

THE COMMISSION on APPOINTMENTS

As a check to the appointing power of the President, the Charter has
created the Commission on Appointments, composed of members of Congress,
whose duty is to confirm, approve or reject appointments made by the
President of the Republic. It is stated in Article VI, Section 18 as follows:
Article VI Section 18
There shall be a Commission on Appointments consisting of the
President of the Senate, as ex officio Chairman, twelve senators, and twelve
Members of the House of Representatives, elected by each House on the
basis of proportional representation from the political parties and parties or
organizations registered under the party-list system represented therein. The
Chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty
session days of the Congress from their submission. The Commission shall
rule by a majority vote of all the Members.
Appointments to a cabinet position, ambassadors, ministers and consuls,
officers of the Armed Forces from the ranks of colonel or navy captain above
and other appointive officers are made through the consent of the Commission
on Appointments. Though appointments are done by the president, such still
need the approval of the Congressional Commission on Appointments.
A provision on the creation of the Commission on Appointments and
related schedule is also in place as mentioned in Article VI, Section 19.
Article VI, Sec. 19
 The Electoral Tribunals and the Commission on Appointments shall be
constituted within thirty days after the Senate and the House of
Representatives shall have been organized with the election of the President
and the Speaker. The Commission on Appointments shall meet only while the
Congress is in session, at the call of its Chairman or a majority of all its
Members, to discharge such powers and functions as are herein conferred
upon it.
Article VI, Section 20 the charter obliges Congress to preserve its books
of accounts and open them to the public.

Article VI, Sec. 20

The records and books of accounts of the Congress shall be preserved
and be open to the public in accordance with law, and such books shall be
audited by the Commission on Audit which shall publish annually an itemized
list of amounts paid to and expenses incurred for each Member.
Since transparency is one factor of creating and establishing good
governance, the books of account shall be preserved in both Houses of
Congress- Senate and House of Representatives, and such books shall undergo
audit by the Commission on Audit with itemized list of amounts paid for the
expenses of both Houses.
POWERS OF CONGRESS
Exposition/Investigation of Matters of Public Interest
As given in Article VI, Section 21 of the Constitution, Congress may
investigate matters relating to public interest.
Article VI Section 21
The Senate or the House of Representatives or any of its respective
committees may conduct inquiries in aid of legislation in accordance with its
duly published rules of procedure. The rights of persons appearing in or
affected by such inquiries shall be respected.
Article VI Sec. 22
The heads of departments may upon their own initiative, with the
consent of the president or upon the request of either House, as the rules of
each House shall provide, appear before and be heard by such House on any
matter pertaining to their departments. Written questions shall be submitted
to the president of the Senate or the Speaker of the House of
Representatives at least three days before their scheduled appearance.
Interpellations shall not be limited to written questions, but may cover
matters related thereto. When the security of the State or the public interest
so requires and the president so states in writing, the appearance shall be
conducted in executive.
FINALS
Objectives:
1. Identify the emergency powers of the Congress
2. Discuss the procedure in passing of a Bill in to a Law
3. Explain the Constitutional limitation on enacting laws
4. Illustrate by means of a flowchart on how a bill becomes a law
Declaration of the Existence of War
Only Congress is given the power to declare a state of war. This is done
to avoid entrusting of important decisions in the hands of one man. It is stated
in Article VI, Section 23.
Section 23:1) The Congress by a vote of two-thirds of both Houses in
joint session assembled, voting separately, shall have the sole power to
declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by
law authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and proper to
carry out a declared national policy. Unless sooner withdrawn by a resolution
of the Congress, such powers shall cease upon the next adjournment thereof.
- Article VI Sec. 23(1&2)
Though the Philippines renounces war as an instrument of national
policy, there may come a time that our government may wage war in defense
of the country. The Congress shall have the sole power to declare that the
country is in a state of war by a vote of two thirds of both Houses, in joint
session but voting separately. That is why, in times of war or other national
emergency, the Congress may, by law, authorize the President to exercise
powers necessary and proper to carry out a declared national policy and these
powers include law-making powers. These emergency powers shall be for a
limited time only and subject to such restrictions as Congress may provide.
These powers shall cease upon the next adjournment thereof unless sooner
withdrawn by a resolution of Congress.
Approval of Appropriations
Article VI, Section 24 of the Constitution has granted solely to Congress
the power to approve all appropriations, including the annual government
budget.
Article VI, Sec. 24
All appropriation, revenue or tariff bills, authorizing increase of the
public debt, bills of local application, and private bills shall originate exclusively
in the House of Representatives, but the Senate may propose or concur with
amendments.
The appropriation of public funds and disbursements thereof have
become the principal bases of knowing whether our public officials have been
true to the rule that a public office is a public trust. These are the provisions of
appropriations under the instant Article:
The following bills shall originate exclusively in the House of
Representatives but the Senate may propose or concur with amendments:
a. Appropriation bills
b. Revenue or Tariff bills
c. Bills authorizing increase of public debt
d. Bills of local application
e. Private bills
Other appropriations provisions are as follows:
Article VI Sec. 25 (1-7)
Sec. 25.(1) The Congress may not increase the appropriations recommended
by the president for the operation of the Government as specified in the
budget. The form, concept, and manner of preparation of the budget shall be
prescribed by law.
(2) No provision or enactment shall be embraced in the general appropriation
bill unless it relates specifically to some particular appropriation therein. Any
such provision or enactment shall be limited in its operation to the
appropriation to which it relates.
(3) The procedure in approving appropriations for the Congress shall strictly
follow the procedure for approving the appropriations for other departments
and agencies.
(4) A special appropriations bill shall specify the purpose for which it is
intended, and shall be supported by funds actually available as certified by
the National Treasurer, or to be raised by a corresponding revenue proposal
therein.
(5) No law shall be passed authorizing any transfer of appropriations;
however, the president, the President of the Senate, the Speaker of the
House of Representatives, the Chief Justice of the Supreme Court, and the
Heads of Constitutional Commissions may, by law, be authorized to augment
any item in the general appropriations law for their respective offices from
savings in other items of their respective appropriations
(6) Discretionary funds appropriated for particular officials shall be disbursed
only for public purposes to be supported by appropriate vouchers and
subject to such guidelines as may be prescribed by law
(7) If by the end of any fiscal year, the Congress shall have failed to pass the
general appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be deemed re-enacted
and remain in force and effect until the general appropriations bill is passed
by the Congress.
Article 6, Section 25 of the Constitution has been envisioned so as to
prevent log-rolling legislation intended to unite the members of the legislature
who favour any one of the subjects in support of the whole act. This is also to
avoid surprises or even fraud upon the legislature. And also to fairly apprise
the people through publication of its proceedings which are usually made of
the subjects of legislation. The above objectives of the fundamental law appear
to have been sufficiently met. Anything else would be to require a virtual
compendium of the law which could not have been the intention of the
constitutional mandate( Defensor, 1999).
The general appropriations bill is a special type of legislation whose
content is limited to specified sums of money dedicated to a specific purpose
or a separate fiscal unit (Beckman, The Item Veto Power of the Executive, 31
Temple Law quarterly 27 (1957).
The Constitution is explicit that the provision which Congress can include
in an appropriation bill must “relate specifically to some particular
appropriation therein” and “be limited in its operation to the appropriation to
which it relates”. It follows that any provision which does not relate to any
particular item, or which extend in its operation beyond an item of
appropriation, is considered “in an appropriate provision” which can be vetoed
separately from an item(Defensor, 1999).

Passing of a Bill
A bill is essentially a proposed law by the legislative department. Each
house may propose a bill, when the House of Representatives proposes one, it
shall be called a House Bill, and when the Senate initiates a proposal, it shall be
called a Senate Bill. When the bill is passed by the joint bicameral Congress and
upon the approval of the President, the bill shall now be called a Republic Act.
Every bill passed by Congress shall embrace only one subject matter
expressed in its title. No bill may accommodate two or more subject matter, as
this is contrary to the Constitution and shall be considered illegal. The purpose
of securing one exclusive subject matter in a bill is to avoid hodge-podge or
logrolling legislation.
Hodge-podge legislation refers to any propose measure consisting of
general or more unrelated subjects, but are integrated in the proposal in order
to guarantee support from members of the Congress. The avoidance of
logrolling legislation is to ensure enough consideration and support from the
members in regard to the passage of a bill into law. More so, in the case of Tan
v. Del Rosarion, penned that the aim of this provision is to appraise the people
of the subject of legislation in order that they may have the opportunity of
being heard regarding these bills either for or against them.
No bill passed either