Philippine Government and the Constitution
Philippine Government and the ConstitutionThe nature and concept
of politics
Politics is the exercise of power or authority, it is seen as a
process of collective decision-making, as the allocation of scarce
resources, as an arena of deception or manipulation. Politics is a
social activity; it develops out of diversity (the existence of
range of opinions, wants, needs or interests and said diversity is
closely linked to the existence of conflict. Politics is about
decisions, collective decisions that are binding upon a group of
people.
Politics as the Art of Government: It is the exercise of control
within society through the making and enforcement of collective
decisions. This definition was derived from the word polis which
literally means city-state. Ancient Greek society was divided into
a collection of independent city-states, each of which possessed
its own system of government. Politics can be understood to refer
to the affairs of the polis.
A person is said to be in politics when they hold a public
office or be entering politics when they seek to do so, the right
of a person or institution to make decisions on behalf of the
community. According to David Easton-politics is the authoritative
allocation of values; politics has therefore come to be associated
with policy, formal or authoritative decisions that establish a
plan of action for the community. Moreover, it takes place within a
polity-a system of social organization centered upon the machinery
of government.
Politics as the art of the possible: Politics is a means of
resolving conflict by compromise, conciliation, and negotiation,
politics is seen as that solution to the problem of order which
chooses conciliation rather than violence and coercion. Politicians
themselves are typically held in low esteem because they are
perceived to be power-seeking hypocrites who conceal personal
ambition behind the rhetoric of public service and ideological
conviction.
Politics as public affairs: The distinction between the
political and non-political coincides with the division between the
political and non-political coincides with the division between an
essential public sphere of life and what is though as a private
sphere. Politics goes on within public bodies such as the
government but does not take place within the private domain the
home, family and personal relationships. Politics as a public
activity stops only when it infringes upon personal affairs and
institutions.
For this reason, while many people are prepared to accept the
form of politics takes place in the workplace, they may be offended
and even threatened by the idea that politics intrudes into family,
domestic and private life. From the liberal point of view, the
maintenance of the public/private distinction is vital to the
preservation of individual liberty, typically understood as a form
of privacy or non-interference. If politics is regarded an
essentially public activity centered upon the state, it will always
have a coercive character-the state has the power to compel the
obedience of its citizens.
Politics as a distinctive form of human activity, as it pervades
every corner of human existence. Politics is at the heart of all
collective activity, formal and informal, public and private, in
all human groups, institutions and societies. Politics thus arises
out of the existence of scarcity, while human needs and desires are
infinite, the resources available to them are always limited,
politics therefore comprises any form of activity through which
conflict about resource allocation takes place.
Politics is the process by which communities pursue collective
goals and deal with their conflicts authoritatively by means of
government. When we say politics is a process, we mean that it is a
continuing sequence of events and interactions among various
actors, such as individuals, organizations and governments. The
concept of process also implies that these political interactions
generally take place within a structure of rules, procedures and
institutions rather than haphazardly.
More than anything else, politics is about how people organize
their collectively tackling the problems they face. A community can
be any interacting collectivity of individuals, from the tiniest
village to the world as a whole. Whichever size of the community
may be, human beings from time immemorial have found ways to
organize their interactions in order to promote various goals or
endeavors. Perhaps the most basic goals sought by just about every
country in the world are physical security and material well being.
Virtually all nations want to secure the safety of their population
and territory against outside aggression and most would want to
improve their living standards.
Beyond these basic goals, communities can choose from a list of
potential ones, from maximizing individual freedom to improving
social welfare, from cleaning up the environment to building
powerful military establishments. In the best circumstances, the
members of a community are able to define and accomplish their
goals on the basis of cooperation. But few communities are also
fortunate as to be without conflict. Even if there is wide
consensus on what the communitys goals should be, conflicts
frequently arise over how to go about achieving them. Indeed, many
political observers would assert that conflict is the driving force
of politics.
The Government and State
Government is that 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 social state
or which are imposed upon the people forming that society by those
who possess the power or authority of prescribing them.
The activity of government involves the ability to make
decisions and to ensure that they are carried out. Government
functions in the making of laws, implementation of laws and the
interpretation of laws.
Government is the aggregate of authorities, which rules a
society. The functions of government are as follows: 1) delivery of
goods and services; 2) regulation/control behavior; 3) extraction
of support; and 4) information and communication.
Forms of government: As to the number of persons exercising
sovereign powers
1. Monarchy-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 or duration of his tenure, monarchies are
further classified into: 1) absolute monarchy: one in which the
ruler leader by divine right; 2) limited monarchy: one in which the
leader rules in accordance with the constitution.
2. Aristocracy-one in which political power is exercised by a
few privileged class, which is known as the aristocracy or
oligarchy
3. Democracy-one in which political power is exercised by a
majority of the people, democratic government are further
classified into: 1) direct or pure democracy-one in which the will
of the state is formulated or expressed directly and immediately
through the people in mass meeting or primary assembly rather than
through a medium of delegates or representatives chosen to act for
them; 2) Indirect, representative or republican democracy: 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.
As to the extent of powers exercised by the central or national
government:
1. Unitary Government: one in which the control of national and
local affairs is exercised by the central or national
government
2. Federal Government: one in which the powers of government are
divided between two sets of organs, one for national affairs and
the other for local affairs, each organ being supreme within its
own sphere.
As to the relationship between the executive and the legislative
branches of government:
1. Parliamentary: one in which the state confers upon the
legislature the power to terminate the tenure of office of the real
executive. Under this system, the cabinet or ministry is
immediately and legally responsible to the legislature and
immediately or politically responsible to the electorate
2. Presidential-one in which the state makes the executive
constitutionally independent to the legislature as regards his
tenure and to a large extent as regards his policies and acts and
furnishes him the necessary powers to prevent the legislature from
trenching upon the sphere marked out by the constitution as
executive independence and prerogative
State-is a community of persons more or less numerous,
permanently occupying a definite portion of territory, independent
of external control and possessing an organized government to which
a great body of inhabitants render habitual obedience. The
government of a state may be overthrown but the state remains. The
state has four components and these are territory, sovereignty,
government and people.
Elements of the state:
1. People: refers to the mass of population living within the
state. Without people there can be no functionaries to govern and
no subjects to be governed. There is no requirement as to the
number of people that should compose a state. But it should be
neither too small nor too large: small enough to be well governed
and large enough to be self-sufficing
2. Territory: it includes not only the land over which the
jurisdiction of the state extends, abut also the rivers and lakes
therein, a certain area of sea which adjoined upon its coasts and
the air space above it.
3. Government: it refers to the agency through which the will of
the state is formulated, expressed and carried out. Government used
to refer to the person or aggregate of those persons in which hands
are placed for the time being the function of political
control.
4. Sovereignty: defined as the supreme power of the state to
command and enforce obedience to its will from people within its
jurisdiction and corollary to have freedom from foreign control. It
may be internal or the power of the state to rule within its
territory or external or the freedom of the state to carry out its
activities without subjection to or control by other states
Origins of the state:
1. The Divine Right theory: the state is of divine creation and
the ruler is ordained by God to govern the people. Reference has
been made by advocates of this theory to the laws which Moses
received at Mt. Sinai
2. Necessity or force theory: it maintains that states must have
been created through force, by some great warriors who imposed
their will upon the weak
3. Paternalistic theory: it attributes the origin of states to
the enlargement of the family which remained under the authority of
the father or mother. By natural stages, the family grew into a
clan, then developed into a tribe which broadened into a nation,
the nation became a state
4. Social Contract theory: it asserts that early states must
have been formed by deliberate and voluntary compact among people
to form a society and organized government for their common good.
This theory justifies the right of the people to revolt against a
bad ruler.
State distinguished from nation:
1. The state is a political concept, while nation is an ethnic
concept. A nation is a group of people bound together by certain
characteristics such as common origin, language, customs and
traditions and who believe that they are one and distinct from
others.
2. The state is not subject to external control while a nation
may or may not be independent of external control
3. A single state may consist of one or more nations or peoples
and conversely a single nation may be made up of several states.
The United States is a melting pot of several nationalities, on the
other hand, the Arab nation is divided politically into several
sovereign states among them are Egypt, Saudi Arabia, Jordan, Syria,
Lebanon
State distinguished from government:
1. The government is only the agency through which the sate
expresses its will. A state cannot without a government, but it is
possible to have a government without a state. Thus we had various
governments at different periods of our history.
2. A government may change, its form may change, but the state,
as long as tis essential elements are present, remains the same
Main concepts in Government:
Power to-the ability to achieve a desired outcome, power over-is
thought of a relationship of control by one person over another.
Power is seen as the capacity to make formal decisions, which are
in some way binding upon others.
Influence is the ability to affect the content of decisions
though some form of external pressure, highlighting that fact that
formal and binding decisions are not made in a vacuum. Influence
may therefore involve anything from organized lobbying and rational
persuasion, through open intimidation
Authority is the right to exercise power, is based upon a
perceived right to rule and brings about compliance through moral
obligation on the part of the ruled to obey. Authority always has a
moral character. This implies that that it is less important that
authority is obeyed than that it should be obeyed. In this sense, a
teacher is said to have authority to demand homework from students
even if they persistently disobey. The relationship between
authority and an acknowledged right to rule explains why the
concept is so central to the practice of government, in the absence
of willing compliance, governments are only able to maintain order
by the use of fear, intimidation and violence.Legitimacy is the
quality that transforms power into rightful authority; it confers
upon an order or command, an authoritative or binding character,
ensuring that it is obeyed out of duty rather than because of fear.
Legitimacy is considered as the widespread acceptance of the
exercise of power and authority. In the absence of legitimacy,
government can only be sustained by fear, intimidation and
violence.
The Concept of Governance:
Why the concern on governance?
The emergence of new government has been propelled by the
decline of state capabilities, particularly its financial resources
during the 1980s and 1990s. The management of the financial crisis
of the state has highlighted the tremendous inertia associated with
changing both revenue structures and expenditures. Another
component of this problem has been the waning political support;
the publics reluctance towards further tax rises is surpassed only
by its resistance to cutbacks in public spending. In a governance
perspective, we see governments essentially unable to transform the
economy; expenditures patterns are politically sensitive and
administratively locked in while taxes and other revenues must be
handled with great political caution. Governments have not been
totally inert. They have fund that consumption taxes provoke less
resistance than do income taxes and they have also found that fees
and taxes linked to specific expenditures are palatable to the
public, but the state still encounters public skepticism about
raising revenue.
Within this context, governance has become an attractive
philosophy and political strategy. By involving private actors and
organized interests in public service delivery activities,
governments have attempted to maintain their service levels even
while under severe budgetary constraints. By blurring the private
and public distinction, the states problems in managing its affairs
are portrayed more as a matter of the tasks and challenges the
state is facing rather than a consequence of poor public
management. Governance in this perspective is used to provide the
acceptable face of spending cuts. In an era when government has
increasingly become equated with slow bureaucracy and a
collectivist political thinking, incorporating private sector
management thinking and diversifying public service delivery have
emerged as an attractive strategy.
Strong governance means the exercise and assumption of
political, economic and administrative authority to reconcile the
interests and welfare of every sector of society. It also means
mobilizing their respective strengths while liberating them from
their weaknesses. Government must be both minimalist and
interventionist. On the one hand, it assumes a minimalist role in
the conduct of business if it is to acknowledge that it is the
private sector that serves as the engine of growth. This is the
reason for liberalization, privatization and deregulation. On the
other hand, it must intervene actively if the market solution is
inappropriate to address the interest of the poor, the powerless
and the so called marginalized sectors which include the workers,
farmers, fishermen and indigenous communities. Government must
address the plight of these sectors so that they may be brought and
reconciled into the mainstream of productive economic activities.
In short, government must not only be concerned with economic
growth, it too must be concerned with redistributing the fruits of
this growth. It is here that we find the substance of governance.
Government must not only be concerned with the efficient allocation
of resources but also with ensuring that society as a whole, is
more equitable, humane and just.
Defining Governance:
Governance is the process whereby elements in society wield
power and authority and influence and enact policies and decisions
concerning public life, economic and social development. Governance
chooses management over control because its system is permeable,
admits outside influences, assures no omnipotence or omniscience on
the part of the decision maker and subjects decisions to the
evaluation and critique of all those with a stake in them.
In governance, all of society is involved in managing public
affairs. The state continues to play the key role in enabling and
facilitating the participation of other elements of society. It is
a strong entity that recognizes the significance and autonomy of
other sectors without overwhelming them. It works almost in the
background, creating an environment that enables and facilitates
the market and civil society to make their own creative and
decisive contributions. The state as an enabler provides the legal
and regulatory framework and political order within which firms and
organizations can plan and act.
The other major role of the state is to facilitate by providing
resources to assist markets and communities. Such resources include
information, technical expertise and advice, research and
development programs, physical infrastructure as well as grants in
aid or incentives schemes.
Collaboration between the state and civil society is involvement
by both in all phases of the policy process. The participation of
market and civil society in governance adds new role to the
state-that of building partnerships and linkages to the two
sectors. Moreover the engagement of the state shifts the social
picture from elite control to active partnership.
Developing capacity for good governance should be a primary
means of eradicating poverty. Governance refers to the exercise of
political, economic and administrative authority in the management
of a countrys affairs at all levels. Governance comprises the
complex mechanisms, processes and institutions, through which
citizens and groups anticipate their interests, mediate their
differences and exercise their legal rights and obligations. Good
governance has many attributes. It is participatory, transparent
and accountable. It is effective in making the best use of
resources and is equitable and it penetrates the rule of law.
Governance includes the state, but transcends it by taking in
the private sector and civil society. All three are critical for
sustaining human development. The state creates a conducive
political and legal environment. The private sector generates jobs
and income and civil society facilitates political and social
interaction-mobilizing groups to participate in economic, social
and political activities. Because each has weaknesses and
strengths, a major objective of support of good governance is to
promote constructive interaction among all three.
Elements of governance:
1. Participation: all men and women should have a voice in
decision-making, either directly or through legitimate intermediate
institutions that represent their interests. Such broad
participation is built on freedom of association and speech as well
as capacities to participate constructively.
2. Rule of Law: legal frameworks should be fair and enforced
impartially, particularly the laws on human rights. The
establishment and persistence of the rule of law depend on clear
communication of the rules, indiscriminate application, effective
enforcement, predictable and legally enforceable methods of
changing the content of laws and a citizenry that perceives the set
of rules as fair, just or legitimate and that is willing to follow
it.
3. Transparency: built on the free flow of information. Allows
stakeholders to gather information that may be critical to
uncovering abuses and defending their interests. Transparent
systems have clear procedures for public decision making and open
channels of communication between stakeholders and officials and
make a wide range of information accessible.
4. Responsiveness: institutions and processes try to serve all
stakeholders
5. Consensus orientation: good governance mediates differing
interests to reach a broad consensus on what is in the best
interests of the group and where possible, on policies and
procedures.
6. Equity: all men and women have opportunities to improve or
maintain their well being
7. Effectiveness and efficiency: Processes and institutions
produce results that meet needs while making the best use of
resources.
8. Accountability: Officials should be liable for their actions
and decisions. Officials must answer to stakeholders on the
disposal of their powers and duties, act on criticisms or
requirements made of them and accept responsibility for their
failure, incompetence or deceit.
9. Strategic vision: leaders and the public have a broad and
long term perspective. THE CONSTITUTION:
The Constitution refers to that body of rules and principles in
accordance with which the powers of the sovereignty are regularly
exercised. It is regarded as the highest law of the country. The
Constitution of the Philippines serves as the written instrument by
which the fundamental powers of the government are established,
limited and defined and by which these powers are distributed among
several departments or branches for their safe and useful exercise
for the benefit of the people.
Other definitions of the Constitution:
The fundamental law of the land;
That body of rules and maxims in accordance to which the powers
of the sovereign are habitually exercised;
The organic and fundamental law of a nation or state, which may
be written and unwritten, establishing the character and conception
of its government, laying the basic principle of which its internal
life is to be conformed, organizing the government, and regulating,
distributing and limiting the functions of its different
departments and prescribing the extent and manner of the exercise
of sovereign powers;
A fundamental law which outlines the framework of government and
defines the relations between a person or citizen and the state
based on a political philosophy;
The instrument by which the people expressly grant the exercise
of the supreme power of sovereignty to their executive, legislative
and judicial leaders; and
The embodiment of the supreme power of the people authorizing
the exercise of the legislative, executive and judicial powers of
the state by a distinct person or body of persons in accordance
with its delineation, division and counter balancing of powers.
Nature and function of Constitution:
1. Serves as the supreme or fundamental law-a constitution is
the charter creating the government. It has the status of supreme
or fundamental law as it speaks for the entire people from which it
derives its claim to obedience. It is binding on all individual
citizens and all organs of the government.
2. Establishes basic framework and underlying principles of
government-the purpose of the constitution is to prescribe the
permanent framework of the system of government and to assign to
the different departments or branches, their respective powers and
duties, and to establish certain basic principles on which the
government is founded.
Constitutional law may be defined as that branch of public law,
which discusses constitutions, their nature, formation, amendment
and interpretation. It refers to the law embodied in the
Constitution as well as the principles growing out of the
interpretation and application made by the courts (particularly the
Supreme Court) of the provisions of the Constitution in specific
cases. Thus the Philippine Constitution itself is brief but the law
of the Constitution lies scattered in thousands of Supreme Court
decisions.
THE PREAMBLE OF THE CONSTITUTION
We, the sovereign Filipino people, imploring the aid of Almighty
God, in order to build a just and humane society and establish a
government that shall embody our ideals and aspirations, promote
the common good, conserve and develop our patrimony and secure to
ourselves and our posterity the blessings of independence and
democracy under the rule of law and a regime of truth, justice,
freedom, love, equality and peace, do ordain and promulgate this
Constitution.
The term preamble is derived from the Latin preambulare which
means to walk before. It is an introduction to the main subject. It
is the prologue of the Constitution.
The Preamble sets down the origin and purposes of the
Constitution. While a preamble is not a necessary part of a
Constitution, it is advisable to have one. In the case of the
Philippine Constitution, the preamble which is couched in general
terms, provides the broad outline of, and the spirit behind, the
Constitution.
The Preamble is a statement of the ideals and aspirations of the
people through their duly elected representatives the framers of
the Constitution. In the case of the 1987 Constitution, the framers
intended the preamble to express the spirit and ideals that animate
the provisions of the body of the Charter. The Preamble is a kind
of vision/mission statement for the country. It contains the values
that our nation desire for our country, government national life
and individual life.
It serves two important aims: 1) it tells us who are the authors
of the Constitution and for whom it has been promulgated; 2) it
states the general purposes which are intended to be achieved by
the Constitution and the government established under it, and a
certain basic principles underlying the fundamental charter.
The Preamble may serve as an aid in the Constitutions
interpretation. The Preamble has a value for purposes of
construction. The statement of the general purposes may be resorted
to as an aid in determining the meaning of vague or ambiguous
provisions of the Constitution proper.
THE NATIONAL TERRITORYThe national territory comprises the
Philippine archipelago, with all islands and waters embraced
therein and all other territories over which the Philippines has
sovereignty and jurisdiction, consisting of its terrestrial,
fluvial, and aerial domains, including its territorial sea, the sea
bed, the subsoil, the insular shelves and other sub marine areas.
The waters around, between and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part
of the internal waters of the Philippines.
The term territory includes three elements: land (terrestrial),
air (fluvial) and air space (aerial domain). This should correct
the misconception that it is limited to the land domain only.
Because air space is part of the national territory is the reason,
why radio and television stations must obtain a franchise from
Congress. This is also the reason why airline companies must obtain
rights to use the aerial superhighway
The term territory has two concepts: political and legal. The
political concept of territory conceives of it as the matrix and
framework of its political independence and national security. The
territory serves as the area within which sovereign powers are
exercised. National security demands the preservation of he
integrity of the national territory.
The legal concept of the territory contemplates the territory as
one of the essential elements of the state. Without a territory, a
state cannot come into existence. It is also an element for the
exercise of sovereignty. The territory of the state is coterminous
with its sovereignty and can thus be exercised only within its
territorial boundaries. All persons, whether Filipino citizens or
foreigners and things, whether real or property, located within the
territory, are subject to the supreme authority of the state.
DECLARATION OF PRINCIPLES AND STATE POLICIESSection 1: The
Philippines is a democratic and republican state. Sovereignty
resides in the people and all government authority emanates from
them.
A republican government is a democratic government by
representatives chosen by the people at large; it is considered as
indirect rule. Sovereignty of the people is exercised through
suffrage and public officials. The section recognizes that the
people, as the ultimate judges of their destiny, can resort to
revolution as a matter of right.
Features of republicanism: 1) government based on popular
sovereignty or consent of the governed; 2) suffrage or franchise;
3) individual rights guaranteed by the Bill of Rights in the
Constitution.
A republican government is a government of the people, by the
people and for the people. It is one where ultimate power is
exercised directly by the people and indirectly by civilian leaders
elected in accordance with the procedures laid down in the
Constitution or in accordance with publicly recognized procedures
of transferring power.
The right to revolution is implicit in republicanism. The
democratic doctrine of the right to revolution postulates that any
people has the right to change or abolish a government that does
not secure for them their natural right to life, liberty and the
pursuit of happiness and to institute a new form of government that
secure these inherent rights. It recognizes the use of force after
the exhaustion of all peaceful means.
Section 2: The Philippines renounces war 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.
It is in accordance with the principle of the United Nations
Charter binding all members to refrain in their international
relations from the threat or use of force against the territorial
integrity or political independence of any state.
The declaration refers only to the renunciation by the
Philippines of aggressive war, not war in defense of her national
honor and integrity. Men and nations cannot waive in advance the
basic right of self preservation. Under Article VI, Section 23 (1)
of the Constitution, Congress with the concurrence of two thirds of
all its members, voting separately, may declare the existence of a
state of war.
International law refers to the body of rules and principles,
which governs the relations of nations and their respective peoples
in their relations with one another. The Philippines seeks only
peace and friendship with her neighbors and all countries of the
world, regardless of race, creed, ideology and political system.
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.
Civilian supremacy over the military provides the necessary
safeguard against martial law. The AFP should follow the
constitutions mandate in order to in the hearts and minds of the
people in the efforts to resolve the long drawn insurgency problem
and fulfill its crucial task as an effective guardian of the
nations safety against any threat to its existence, either foreign
or domestic. The AFP shall be the protector of the people and the
state to secure the sovereignty of the state and the integrity of
the national territory. This means fighting all forces, internal
and external, which seek to overthrow the government, impair the
independence of the nation or dismember any portion of the
territory.
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 fulfillment thereof, all citizens may
be required, under conditions provided by law, to render personal
military or civil service:
The government exists for the people and the defense of the
country is one of the citizens most important duties.
Section 5: The maintenance of peace and order, the protection of
life, liberty and property and the promotion of the general welfare
are essential for the enjoyment by all the people of the blessings
of democracy.
Only when peace and order, security and a life of dignity are
established and maintained, will political stability and economic
prosperity become attainable and the people truly enjoy the
blessings of independence and democracy.
Section 6: The separation of the church and state shall be
inviolable.
The principle simply means that the church is not to interfere
in purely political matters or temporal aspects of mans life and
the state in purely matters of religion and morals which are
exclusive concerns of the other. The demarcation line calls on the
two institutions to render onto Caesar the things that are Caesars
and unto God the things that are Gods. This is not as simple as it
appears for the exact dividing line between the respective domains
or jurisdictions of the Church and the state has always been the
subject matter of much disagreement. The term Church as in the
Constitution, covers all faiths.
A wall of separation between the Church and the state means
that:
a) The state shall have no official religion;
b) The state cannot set up a church, whether or not supported
with public funds; nor aid one religion, aid all religions, or
prefer one religion over another;
c) Every person is free to profess belief or disbelief in any
religion;
d) Every religious minister is free to practice his calling;
and
e) The state cannot punish a person for entertaining or
professing religious beliefs or disbeliefs
Section 7: The state shall pursue an independent foreign policy.
In its relations with other states the paramount consideration
shall be the national sovereignty, territorial integrity, national
interest and the right to self determination.
In the states pursuit of an independent foreign policy, the
constitution is aware of the unwelcome consequences of a policy
characterized by excessive dependence on another country. An
independent foreign policy simply means one that is not subordinate
or subject to nor dependent upon the support of another
government.
It is not one that completely rejects advice or assistance from
without. Neither does it mean abandoning traditional allies or
being isolated from the international community. To be realistic, a
foreign policy must have a global outlook in view of the
deleterious effect on the countrys relations with other countries
of a foreign policy that revolves only on our relations with select
members of the international community and being a small developing
country, we must make no enemy of we can make a friend.
The Constitution recognizes that the pursuit of an independent
foreign policy in an interdependent world, new realities and new
situations may require the Philippines to make a reappraisal of the
conduct of its foreign relations. Independence in the making and
conduct of foreign policy is relative. The national interest will
not be served by trying to deal with regional and international
issues in absolute terms. Ours must be a policy of flexibility and
pragmatism guided only by the welfare of our people and the
security of the Republic. In its relations with other states, the
paramount consideration of the Philippines shall be the national
sovereignty, territorial interest and the right to self
determination.
Section 8: The Philippines, consistent with the national
interests, adopts and pursues a policy of freedom from nuclear
weapons in its territory.
The intent of this section is to forbid the making, storing,
manufacture or testing in the Philippines of nuclear weapons,
devices or parts thereof as well as the use of our territory as
dumping site for radioactive wastes and the transit within our
territory of ships and planes with nuclear weapons. It does not
however, prohibit the use of nuclear energy for medicine,
agriculture and other peaceful or beneficial purposes. Congress
will have to provide the mechanics to effectively implement Section
8.
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
standard of living and an improved quality of life for all.
With the eradication of mass poverty, the state solves at the
same time a chain of social problems that comes with it-social
unrest, breakdown of family systems, diseases, ignorance,
criminality and low productivity.
Section 10: The state shall promote social justice in all phases
of national development:
The state must give preferential attention to the welfare of the
less fortunate members of the community, those that have less in
life.
Section 11: The state values the dignity of every human person
and guarantees full respect for human rights.
In a democratic state, the individual enjoys certain rights,
which cannot be modified or taken away by the law making body.
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 rearing of the youth for civic
efficiency and the development of moral character shall receive the
support of the government.
The state is mandated to recognize the sacredness of family life
and to strengthen the family, under this section, the government
may not enact any law or initiate measures that would break up or
weaken the family.
Human life is commonly believed to begin from the moment of
conception when the female egg and the male sperm merge in
fertilization. From that moment, the unborn child is considered a
subject or a possessor of human rights. He has a basic human right
to life which the State is mandated to protect, along with infants
and children. In short, once conceived, a child has a right to be
born. The provision protecting the unborn prevents the possibility
of abortion being legalized by future legislation. It manifests the
constitutions respect for human life.
Section 13: The State recognizes the vital role of the youth in
nation building and shall promote and protect their physical,
moral, spiritual, intellectual and social well-being.
It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs. The youth
constitute a rich reservoir of productive manpower. Recognizing
their vital role in shaping the countrys destiny, the Constitution
lends its support to the promotion of their welfare. By harnessing
their enterprising spirit and progressive idealism, young people
can become effective players in our collective effort to build a
modern Philippines.Section 14: The State recognizes the role of
women in nation building and shall ensure the fundamental equality
before the law of women and men.
The traditional view that the role of women is primarily child
bearing and child rearing should be abandoned. While the social
role of women as mothers and household managers is recognized, the
state should formulate strategies to expand womens participation in
non-household and productive activities and thus make them direct
contributors to the countrys economic growth.
Women constitute more than half of the population, a powerful
political and economic in society. By their number, it is only
right that their voice be heard on matters affecting their welfare
and the country as whole; it is simple justice that they be given a
legitimate share with men in leadership and major decision making
process at all levels and in all spheres of human activity outside
their homes.
In economic life, the State must promote and uphold equality of
men and women in employment, terms of employment, opportunities of
promotion, the practice of profession, the acquisition, control and
disposition of property, pursuit of business among others.
Section 15: The State shall protect and promote the right to
health of the people and instill health consciousness among
them.
Wholistically defined, health is the state of physical, social
and mental well being rather than merely the absence of physical
diseases. The State has the obligation to promote and protect the
right of the people to health. To better fulfill this duty, it must
instill health consciousness among the people.
Section 16: The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.The lessons drawn from ecological
studies in the United Nations showed that political, social and
economic growth and development are crucially dependent upon the
state of the human development. For this reason, the improvement of
the quality of our environment should occupy a higher place in the
scheme of priorities of the government. Section 17: The State shall
give priority to education, science and technology, arts, culture
and sports to foster patriotism and nationalism accelerate social
progress and promote total human liberation and development.
Section 18: The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their
welfare.
Section 19: The State shall develop a self-reliant and
independent national economy effectively controlled by
Filipinos.
Section 20: The State recognizes the indispensable role of the
private sector encourages private enterprise and provides
incentives to needed investments.
The State is mandated to encourage private enterprise and
provide incentives to needed investments, whether local or foreign.
The Constitution does not favor an economy managed or controlled by
the State. Under the principle of subsidiary, adopted by the
Constitution, the government should not engage in particular
business activities which can be competently and efficiently
undertaken by the private sector unless the latter is timid or does
not want to enter into a specific enterprise or industry.
The government was not established to engage in business. The
duty of the state is to make the economy a system for free and
private enterprise with the least government intervention in
business affairs.
Section 21: The State promote comprehensive rural development
and agrarian reform
Section 22: The State recognizes and promotes the rights of
indigenous cultural communities within the framework of national
unity and development.
The State is bound to consider the customs, traditions, beliefs
and interests of indigenous cultural minorities in the formulation
and implementation of state policies and programs. In the
multi-ethnic society like ours, the above provisions are necessary
in promoting the goal of national unity and development.
Section 23: The State shall encourage non-government, community
based or sectoral organizations that promote the welfare of the
nation.
The State is required to encourage these organizations because
recent events have shown that, under responsible leadership, they
can be actual contributors to the political, social and economic
growth of the country it should refrain from any actuation that
would tend to interfere or subvert the rights of these organization
which in the words of the Constitution are community based or
sectoral organizations that promote the welfare of the nation.
Section 24: The State recognizes the vital role of communication
and information in nation buildingBy educating the citizenry on
important public issues, they also help create a strong, vigilant
and enlightened public opinion so essential to the successful
operation of a republican democracy. Information and communication
can be used to link our geographically dispersed population and
help effect faster delivery of educational, medical and other
public services in remote areas of the country. The Philippines
must keep abreast of communication innovations but at the same time
be selective and discriminating to insure that only those suitable
to the needs and aspirations of the nation are adapted. Utilized
and managed wisely and efficiently, communication and information
are useful tools for the economic, social, cultural and political
development of society. Section 25: The State shall ensure the
autonomy of local governments.
Section 26: The State shall guarantee equal access to
opportunities for public service and prohibit political dynasties
as may be defined by law.
The constitutional policy on the prohibition of political
dynasties expresses a national commitment to democratize election
and appointment to positions in the government and eliminate a
principal obstacle to equal access to opportunities for public
service.
The dominance of political dynasties in the past only kept more
deserving but poor individuals from running or winning in
elections; it also enabled powerful and affluent politicians to
corner appointive positions for their relatives and followers. The
law implementing the constitutional policy shall define what
constitutes political dynasties, having in mind the evils sought to
be eradicated and the need to insure the widest possible base for
the selection of elective government officials regardless of
political, economic and social status. Note that the State is
expressly mandated to prohibit political dynasties. Congress has no
discretion on the matter except merely to spell out the meaning and
scope of the term.
Section 27: The State shall maintain honesty and integrity in
the public service and take positive service and take positive and
effective measures against graft and corruption.
What is needed is moral leadership by example on the part of top
officials in the government and a continuing, uncompromising,
well-coordinated campaign against all forms of dishonesty and
venality in the public service, which have considerably slowed down
the socio-economic progress in our country.
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.
The policy covers all State transactions involving public
interest, i.e. transactions which the people have a right to know
particularly those involving expenditures for public funds. The law
however, may prescribe reasonable conditions for the disclosure to
guard against improper or unjustified exercise of the right. The
policy will not apply to records involving the security of the
State or which are confidential in character. THE BILL OF RIGHTSThe
bill of rights may be defined as a declaration and enumeration of a
persons rights and privileges, which the Constitution is designed
to protect against violations by the government, or by an
individual or, groups of individuals. It is a charter of liberties
for the individual and a limitation upon the power of the
state.
Rights of the Individual in relation to the Rule of LawThe Due
Process:
Section 1: No person shall be deprived of life, liberty or
property without due process of law, nor shall any person be denied
the equal protection of the laws. Procedural due process: refers to
the method or manner by which the law is enforced. It is a
procedure, which hears before it condemns which proceeds upon
inquiry and renders judgment only after trial. An indispensable
requisite of this aspect of due process is the requirement of
notice and hearing.
Substantive due process, which requires the law itself, not
merely the procedures by which the law would be enforced, is fair,
reasonable and just. In other words, no person shall be deprived of
his life, liberty or property for arbitrary reasons.
Life as protected by due process means something more than mere
animal existence. The prohibition against its deprivation without
due process extends to all limbs and faculties by which life is
enjoyed. Liberty, as protected by due process of law, denotes not
merely freedom from physical restraint.
It also embraces the right of man to use his faculties with
which he has been endowed by his Creator subject only to the
limitation that he does not violate the law or rights of others.
Property as protected by due process of law may refer to the thing
itself or to the right over a thing. The constitutional provision
however has reference more to the rights over the thing. It
includes the right to own, use, transmit and even destroy, subject
to the right of the State and of other persons.
On Search and Arrest Warrants:
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 or 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 of things to be seized. A search
warrant is an order in writing, issued in the name of the people of
the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for certain personal property and bring it
before the court. If the command is to arrest a person designated,
i.e. to take him into custody in order that he may be bound to
answer for the commission of an offense, the written order is
called a warrant of arrest.
Requisites for a valid search warrant or warrant of arrest:1. It
must be issued upon probable cause
2. The probable cause must be determined personally by the judge
himself
3. Such determination of the existence of probable cause must be
made after the examination by the judge of the complainant and the
witnesses he may produce
4. The warrant must particularly describe the place to be
searched and the persons or things to be seized.
Probable cause refers to such facts and circumstances antecedent
to the issuance of a warrant sufficient in themselves to induce a
cautious man to rely upon them and act in pursuance thereof. It
presupposes the introduction of competent proof that the party
against whom a warrant is sought to be issued has performed
particular acts or committed specific omissions, violating a given
provision of criminal laws.
Arrest without a Warrant: Under the Rules of Court, a peace
officer or a private person without a warrant may arrest a person
in the following situations:
1. When in his presence, the person to be arrested has
committed, is actually committing or is attempting to commit an
offense;
2. When a person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
judgment or temporarily confined while being transferred from one
confinement to another; 3. When an offense has in fact just been
committed, and he has personal knowledge of the facts indicating
that the person to be arrested has committed it.Rights of the
Individual on Trial:
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.
The State has the constitutional duty to provide free and
adequate legal assistance to citizens when by reason of indigence
or lack of financial means; they are unable to engage the service
of a lawyer to defend them or to enforce their rights in civil,
criminal or administrative cases.
Section 12: Any person under investigation for the commission of
an offense shall have the right to be informed of his 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.
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. Any confession or admission obtained
in violation of this or section 17 hereof shall be inadmissible in
evidence against him. 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.Section 13: All persons, except those charged with
offenses punishable be reclusion perpetua when evidence of guilt is
strong, shall before conviction, be bailable by sufficient sureties
or be released on recognizance as may be provided by law. The right
to bail shall not be impaired when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be
required.
Bail is the security required by a court and given for the
provisional or temporary release of a person who is in custody of
the law conditional upon his appearance before any court as
required under the conditional specified. The purpose of requiring
bail is to relive an accused from imprisonment until his conviction
and yet secure his appearance at the trial.
The right to bail is granted because in all criminal
prosecutions, the accused is presumed innocent. It may be in the
form of cash deposit, property bond, bond secured from a surety
company or recognizance. A capital offense, for purpose of above
provision, is an offense that, under the law existing at the time
of its commission, and at the time of the application to be
admitted to bail, may be punished with reclusion perpetua, or
death.
Section 14: No person shall be held to answer for a criminal
offense without due process of law. 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 of the nature and cause of the accusation against
him, to have 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.
This presumption of innocence is a guarantee that no person
shall be convicted of a crime except upon confessing or unless his
guilt is established by proof beyond reasonable doubt which is more
than just a preponderance of evidence sufficient to win a civil
case. The burden of proof in a criminal proceeding is upon the
prosecution. Its evidence must be strong enough to convince the
court that the accused is clearly and unmistakably guilty, not
because he cannot prove that he is innocent, but because it has
proved that the accused is guilty beyond reasonable ground.
Section 15: The privilege of the writ of habeas corpus shall be
suspended except in cases of invasion or rebellion when the public
safety requires it.
The writ of habeas corpus is an order issued by a court of
competent jurisdiction, directed to the person detaining another,
commanding him to produce the body of the prisoner at a designated
time and place, and to show sufficient cause for holding in custody
the individual so detained. It is for its purpose to inquire into
all manner of involuntary restraint or detention as distinguished
from voluntary and to relive a person there from if such restraint
is found illegal. The writ is the proper remedy in each and every
case of detention without legal cause or authority. Its principal
purpose then is to set the individual at liberty.
Section 16: All persons shall have the right to speedy
disposition of their cases before all judicial, quasi-judicial or
administrative bodies.
Justice delayed is justice denied. Its express inclusion was in
response to the common charge against the perennial delay in the
administration of justice, which in the past has plagued our
judicial system. One need not stress the fact that a long delay in
the disposition of cases creates mistrust of the government itself
ad this may pave the way to ones taking the law in his own hands to
the great detriment of society. Specific rights in relation to
other individuals and the Government:
Section 3: The privacy of communication and correspondence shall
be inviolable except upon lawful order of the court, or when public
safety or order requires otherwise as prescribed by law. Any
evidence obtained in violation or the preceding section shall be
inadmissible for any purpose in any proceeding.
By the above constitutional provision, there is a recognition
that persons my communicate and correspond with each other without
the state having a right to pry into such communication and
correspondence subject to the ever pervading police power of the
State. Letters and messages are usually carried by the agencies of
the government and unless adequate safeguards are provided for
their privacy may eventually violated and great ham inflicted upon
the citizen as a result. Limitations on the right: 1) Upon the
lawful order of the court; and 2) When public safety or order
requires otherwise as prescribed by law. 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.
The constitutional freedoms of speech and expression and of the
press otherwise known as the freedom of expression, implies the
right to freely utter and publish whatever one pleases without
previous restraint, and to be protected against any responsibility
for so doing as long as it does not violate the law, or injure
someones character, reputation or business.
It also includes the right to circulate what is published. It is
only through free debate and free exchange of ideas that a
government remains responsible to the will of the people and
peaceful change is effected. The people must be able to voice their
sentiments and aspirations so that they may become active players
in the political process as well as national development.
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 tests shall be required for the exercise of civil or
political rights.
The constitutional guarantee of religious freedom is the right
of a man to worship God and to entertain such religious views as
appeal to his individual conscience, without dictation or
interference by any person or power, civil or ecclesiastical. It
forbids restriction by law or regulation of freedom of conscience
and freedom to adhere to such religious organization or form of
worship as the individual may choose.
The constitutional guarantee of the free exercise and enjoyment
of religious profession and worship carries with it the right to
disseminate religious beliefs and information. A religious test is
one demanding the avowal or repudiation of certain religious
beliefs before the performance of any act. Thus, under this
injunction, laws prescribing the qualification of public officials
or employees, whether appointive or elective or of voters, may not
contain requirements of religious beliefs.
Section 6: The liberty of abode and of changing the same within
the limits prescribed by law shall not be impaired except upon the
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, a may be provided by law.
The liberty of abode and travel is the right of a person to have
his home in whatever place chosen by him and thereafter to change
it at will, and to go where he pleases, without interference from
any source. The right is qualified, however, by the clauses except
upon lawful order of the court and except in the interest of
national security, public safety or public health as may be
provided by law.
Section 7: The right of the people to information on matters of
public concern shall be recognized. Access to officials records,
and to documents and papers pertaining to official acts,
transactions or decisions as well as to government research data
used as a basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law.
It will reduce public suspicion of officials and thus foster
rapport and harmony between the government and the people. Scope of
the right: 1) the right embraces all public records; 2) It is
limited to citizens only but it is without prejudice to the right
of aliens to have access to records of cases where they are
litigants; and 3) Its exercise is subject to such limitations as
may be provided by law. It is recognized that records involving the
security of the State or which are confidential in character should
be exempted.
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
The purpose of this constitutional guarantee is to encourage the
formation of voluntary associations so that through the cooperative
activities of individuals, the welfare of the nation may be
advanced and the government mat thereby receive assistance in its
ever increasing public service activities.
By enabling individuals to unite in the performance of tasks,
which singly they would be unable to accomplish, such associations
relieve the government of a vast burden. The needs of the social
body seek satisfaction in one form or the other, and if they are
not secured by voluntary means, the assistance of the government
will inevitably be invoked. Section 9: Private property shall not
be taken for public use without just compensation.
Related to eminent domain-is the right or power of the State or
those to whom the power has been lawfully delegated to take private
property for public use upon paying to the owner a just
compensation to be ascertained according to law. Public use may be
defined with public benefit, public utility or public
advantage.
Payment of just compensation-under the Local Government Code,
the amount to be paid for the expropriated property shall be
determined by the proper court, based on the fair market value at
the time of the taking of the property. The owner may contest in
court the value determined by the assessor. Observance of due
process of law in the taking-procedural due process requires that
the owner shall have due notice and hearing in the expropriation
proceedings.
Section 10: No law impairing the obligation of contracts shall
be passed
The obligation of contract is the law or duty that binds the
parties to perform their agreement according to its terms or intent
if it (agreement) is not contrary to awl, morals, good customs,
public order or public policy. The purpose is intended to protect
is intended to protect creditors, to assure the fulfillment of
lawful promises and to guard the integrity of contractual
obligations. Business problems would arise it contracts were not
stable and binding and if the legislature can pass a law impairing
an obligation entered into legally. Section 17: No person shall be
compelled to be a witness against himself.
The right to self incrimination-the right is purely personal and
may be waived. It was never intended to permit a person to plead
the fact that some third person might be incriminated by his
testimony, even though he was the agent of such person. It may not
be invoked to protect a person against being compelled to testify
to facts that may expose him only to public ridicule or tend to
disgrace him.
Section 18: No person shall be detained solely by reason of his
political beliefs and aspirations. No involuntary servitude in any
form shall exist except as a punishment for a crime whereof the
party shall have been convicted.
The right against detention solely by reason of political
beliefs and aspirations-it is a guarantee that one can voice his
contrary views and ideas about the existing political and social
order, that he can articulate his hopes and aspirations for the
country without peril to his liberty.
On involuntary servitude-the purpose is to maintain a system of
completely free and voluntary labor by prohibiting the control by
which the personal service of one is disposed of or coerced for
anothers benefit, which is the essence of involuntary servitude.
Human dignity is not merchandise appropriate for commercial barters
or business bargains. Fundamental freedoms are beyond the province
of commerce or any other business enterprise. Section 19: 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.
The employment of physical, psychological or degrading
punishment against any prisoner or detainee or the use of
substantial or inadequate penal facilities under subhuman
conditions shall be dealt with by law.
The purpose of the guarantee is to eliminate many of the
barbarous and uncivilized punishment formerly known, the infliction
of which would barbarize present civilization. The Constitution
mandates that the employment of physical, psychological or
degrading punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under sub human
conditions should be dealt with by law. This contemplates the
improper, unreasonable or inhuman application of penalties or
punishment of persons legally detained. Section 21: No person shall
be twice put in jeopardy of punishment for the same offense. If an
act is punished by law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the
same act.
The right against double jeopardy means that when a person is
charged with an offense and the case is terminated either by
acquittal or conviction or in any other manner without the express
consent of the accused, the latter cannot again be charged with the
same or identical offense. The guarantee protects against the
perils of a second punishment as well as a second trial for the
same offense.
Section 22: No ex facto law or bill of attainder shall be
enacted.
An ex facto law:
1. Makes an act done before the passage of a law, innocent when
done, criminal and punishes such act; or
2. Aggravates a crime or makes it greater than when it was
committed; or
3. Changes the punishment and inflicts a greater punishment than
what the law annexed to the crime, when committed; or
4. Alters the legal rules of evidence, and receives less
testimony than or different testimony from what the law required at
the time of the commission of the offense, in order to convict the
offender.
A bill of attainder is a legislative act, which inflicts
punishment without a judicial trial. The prohibition against the
enactment of bills of attainder is designed as a general safeguard
against legislative exercise of the judicial function or simply,
trial by legislature.
CITIZENSHIPFrom Section 1-Those who are citizens include:
1. Those who are citizens of the Philippines at the time of the
adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the
Philippines;
3. Those born before January 17, 1973, of Filipino mothers who
elect Philippine citizenship upon reaching the age of majority;
4. Those who are naturalized in accordance with lawCitizenship
is a term denoting membership of a citizen in a political society,
which means membership implies, reciprocally, a duty of allegiance
on the part of the member and duty of protection on the part of the
state. Citizen is a person having the title of citizenship. He is a
member of a democratic community who enjoys full civil and
political rights and is accorded protection inside and outside the
territory of the state. Along with other citizens, they compose the
political community.
A citizen is a member of a democratic community who enjoys full
civil and political rights. In a monarchial state, he is often
called subject. An alien is a citizen of a country who is residing
in or passing through another country. He is popularly called a
foreigner. He is not given the full rights to citizenship (such as
the right to vote and to hold public office) but is entitled to
receive protection as to his person and property.
Acquiring citizenship:
1. Involuntary method-by birth, because of blood relationship or
place of birth
2. Voluntary method-by naturalization, except in cases of
collective naturalization of the inhabitants of a territory which
takes place when it is ceded by one state to another as a result of
conquest or treaty.
Naturalization is the act of formally adopting a foreigner into
the political body of the state and clothing him with the rights
and privileges of citizenship. It implies the renunciation of a
former nationality and the fact of entrance to a similar relation
towards a new body politic. A person may be naturalized in two
ways:
1. By judgment of the court-The foreigner who wants to become a
Filipino citizen must apply for naturalization with the proper
Regional Trial Court.
2. By direct act of Congress-In this case, the lawmaking body
simply enacts an act directly conferring citizenship on a
foreigner
Section 2: Natural born citizens are those who are citizens of
the Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with paragraph (3), section 1
hereof shall be deemed natural born citizens.
Section 3: Philippine citizenship may be lost or reacquired in
the manner provided by law.
Loss of citizenship:
A. Voluntary: 1) by naturalization in a foreign country; 2) by
express renunciation of citizenship; 3) by subscribing to an oath
of allegiance to support the constitution and laws of a foreign
country; and, 4) by rendering service to or accepting commission in
the armed forces of foreign country
B. Involuntary: 1) by cancellation of his certificate of
naturalization by the court; and 2) by having been declared by
competent authority, a deserter in the Philippine Armed forces in
time of war.
The voluntary loss or renunciation of ones nationality is called
expatriation. In time of war, however, a Filipino citizen cannot
expatriate himself.
Reacquisition of lost citizenship:
1. By naturalization, provided the applicant possesses none of
the disqualifications provided in the naturalization law
2. By repatriation of deserters of the Philippine armed forces
and women who lost their citizenship by reason of marriage to an
alien, after the termination of their marital status
3. By direct act of the Congress of the Philippines
Section 4: Citizens of the Philippines who marry aliens shall
retain their citizenship, unless by their act or omission they are
deemed, under the law, to have renounced it. Under section 4, a
citizen of the Philippines who marries an alien does not lose
his/her Philippine citizenship even if by the laws of his/her
wifes/husbands country, he/she acquires her/his nationality.
Section 5: Dual allegiance of citizens is inimical to the
national interests and shall be dealt with by law. Dual allegiance
refers to the continued allegiance of naturalized nationals to
their mother country even after they have acquired foreign
citizenship. Dual citizenship, on the other hand, refers to the
possession of two citizenship by an individual, that of his
original citizenship and that of the country where he became a
naturalized citizen. Note that what section 5 prohibits is not dual
citizenship but t dual allegiances of citizens. Dual citizenship
arises because our laws cannot control laws of other countries on
citizenship, while it is not per se objectionable, the status of
dual citizenship may be regulated or restricted by law where it is
conducive or could lead to dual allegiances.
Duties and Obligations of Citizens:
1. To be loyal to the Republic-by loyalty, we mean faith and
confidence in the Republic and love and devotion to the country.
The citizen must be proud of his country, its customs, traditions,
language and institutions. He must share in its glories and feel
sad in its misfortunes. It is the home of our people, the seat of
our affections and the source of our happiness.
2. To defend the state-love of country, however, is not shown by
words but by deeds. It is not an occasional virtue to be exhibited
now and then; it is a flame that should be kept constantly aglow in
our hearts. It means an unflinching determination to serve and
defend ones country at all times and at all costs.
3. To contribute to the development and welfare of the state-by
paying taxes willingly and promptly, by cooperating in its
activities and projects (such as the preservation of peace and
order) by suggesting or supporting measures beneficial to the
people, by patronizing local products and trades, by engaging in
productive work.
4. To uphold the Constitution and obey the laws-The Constitution
is the expression of the sovereign will of our people. It is the
shrine for all the hopes and vision of our nation.
5. To cooperate with duly constituted authorities-Community
living imposes obligations and responsibilities upon the
individual. The larger interests of the group and the nation that
he must serve necessarily involve his own, and he would be recreant
to the claims of those interests if he did not actively concern
himself with the affairs of his government.
6. To exercise rights responsibly and with due regard for the
rights of others. In the course of life, the interests of man
conflict with those of many others. Amidst the continuous clash of
interests, the ruling social philosophy should be that, in the
ultimate order, the welfare of every man depends upon the welfare
of all.
7. To engage in gainful work-employment is not the obligation
solely of the State. Every citizen should consider it his on
responsibility and should strive to become useful and productive
member of society to assure not only himself but, perhaps, more
important his family a life worthy of human dignity.
8. To register and vote-It is through suffrage that the will of
the people is expressed. The quality of public officials and the
policies of the administration, indeed the success or failure of
the government, depend, directly or indirectly, upon the voters.
SUFFRAGESection 1: Suffrage may be exercised by all citizens of the
Philippines not otherwise disqualified by law, who a 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.
Suffrage is the right and obligation to vote of qualified
citizens in the election of certain national and local officers of
the government and in the decision of public questions submitted to
the people.
Scope of suffrage:
1. Election-it is 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 powers
of government.
2. Plebiscite-It is a name given to a vote of the people
expressing their choice for or against a proposed law or enactment
submitted to them. In the Philippines, the term is applied to an
election at which any proposed amendment to, or revision of, the
Constitution is submitted to the people for their ratification.
Plebiscite is likewise required by the Constitution to secure the
approval of the people directly affected before certain proposed
changes affecting local government units may be implemented.
3. Referendum-it is the submission of a law or part thereof
passed by the national or local or legislative body to the voting
citizens of a country for their ratification or rejection.
4. Initiative-It is the process whereby the people directly
propose and enact laws. Congress is mandated by the Constitution to
provide as early as possible for a system of initiative and
referendum. Amendments to the Constitution may likewise be directly
proposed by the people through initiative.
5. Recall-it is the method by which a public officer may be
removed from office during his tenure or before the expiration of
his term by a vote of the people after registration of a petition
signed by a required percentage of the qualified voters.
Persons disqualified to vote:
1. Any person who has been sentenced by final judgment to suffer
imprisonment for not less one year, such disability not having been
removed by plenary pardon or granted amnesty. But such person shall
automatically reacquire the right to vote upon expiration of five
years after service to sentence.
2. Any person who has been adjudged by final judgment by
competent court or tribunal of having committed any crime involving
disloyalty to the duly constituted government such as rebellion,
sedition, violation of the anti-subversion and firearms laws, or
any crime against national security, unless restored to his full
civil and political rights in accordance with law. Such person
shall likewise automatically regain his right to vote upon
expiration of five years after service of sentence.
3. Insane or incompetent persons as declared by competent
authority.
Section 2: The Congress shall provide a system for securing the
secrecy and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad. The Congress shall also
design a procedure for the disabled and the illiterates to vote
without the assistance of other persons. Until then, they shall be
allowed to vote under existing laws and such rules as the
Commission of Elections may promulgate to protect the secrecy of
the ballot.
The sanctity of the electoral process requires secrecy of the
vote. Congress will have to enact a law prescribing procedures that
will enable the disabled and the illiterates to secretly cast their
ballots without requiring the assistance of other persons, to
prevent them from manipulated by unscrupulous politicians to insure
their victory at the polls. Perhaps a method of voting by symbols
may be devised to make it possible for disabled and illiterate
citizens to exercise the right of suffrage.
Congress is mandated to provide a system of absentee voting by
qualified Filipinos abroad. It is bound to set aside funds and
other requirements for the purpose and to provide safeguards to
ensure that elections overseas are held in a free, clear and
orderly manner.
Article 6
The Legislative Department
Defining Legislative Power: (Section 1)
Legislative power is essentially the authority under the
Constitution to make laws, and subsequently, when the need arises,
to alter and repeal them. Laws refer to statutes, which are the
written enactments of the legislature governing the relations of
the people among themselves or between them and the government and
agencies. Congress operates under a bicameral framework.
The legislative power shall be vested in the Congress of the
Philippines, which shall consist of a Senate and House of
Representatives, except to the extent reserved to the people by the
provision on initiative and referendum. (Section 1)
Bicameral having two chambers of Congress: a) Senate; and b)
House of Representatives
Advantages of bicameralism:
1. A second chamber is necessary to serve as a check to hasty
and ill-considered legislation
2. It serves as a training ground for future leaders
3. It provides a representation for both regional and national
interests
4. A bicameral legislature is less susceptible to bribery and
control of big interests
5. It is the traditional form of legislative body dating from
ancient times; as such it has been tested and proven
Disadvantages of bicameralism:
1. The bicameral set-up has not worked out as effective
fiscalizing machinery
2. Although it affords a double consideration of bills, it is no
assurance of better-considered and better-deliberated
legislation
3. It produces duplication of efforts and serious deadlocks in
the enactment of important measures with the conference committee
of both chambers that is often referred to as the Third Chamber,
practically arrogating unto itself the power to enact law under its
authority to thresh out differences
4. All things being equal, it is more expensive to maintain than
a unicameral legislature
5. The prohibitive costs of senatorial elections have made it
possible for only wealthy individuals to make it to the Senate and
as to the claim that a Senate is needed to provide a training
ground for future leaders, two of our Presidents (Macapagal and
Magsaysay) became Chief Executives even if after their service was
confined to the House of Representative.
The Philippine Senate: The Senate is composed of twenty four
members
Head: Senate President selected by the majority
Qualifications of a Senator (Section 3)
1. A natural born citizen of the Philippines
2. At least 35 years of age on the day of the election
3. Able to read and write
4. A registered voter
5. A resident of the Philippines for not less than two years
immediately preceding the day of the election
Term of a senator: (Section 4) limited to two consecutive terms,
each term constitutes six years. A senator can still run for
re-election after a break or interval. There is no limit as to the
number of years one can serve as Senator. What is prohibited is to
serve for more than two successive terms. But a voluntary
renunciation of the office by senator 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.
The House of Representatives: composed of not more than two
hundred fifty members
Head: Speaker of the House selected by the majority
One legislative district one Representative: Each legislative
district shall comprise, as far as practicable, contagious, 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. (Section 5)
Qualifications of a member of the House of Representatives:
(Section 6)
1. A natural born citizen of the Philippines2. At least
twenty-five years of age
3. Able to read and write
4. 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
Term of a member of House of Representative: (Section 7) limited
to three consecutive terms, each term constitutes three years.
Vacancy in the Senate and House of Representative:
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 Representatives thus elected shall serve only for the
un-expired term. (Section 9)
Prohibitions for Senators and Members of the House of
Representatives:
1. 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 and controlled corporations or their subsidiaries,
during his term without forfeiting his seat. Neither shall be
appointed to any office which may have been created or the
emoluments thereof increased during the term for which he was
elected. (Section 13)
2. No Senator or Member of the House of Representatives may
personally appear as counsel before any court or 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 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. (Section 14)
Parliamentary Immunity: Freedom from arrest and Privilege Speech
(Section 11)A Senator or Member of the House of Representatives
shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while 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. Every member of Congress is entitled to the
privilege from arrest while Congress is in session, whether or not
he is attending session. Congress is considered session, regular or
special for as long as it has not adjourned. Like the guarantee of
freedom of speech or debate, this privilege is intended to enable
members of Congress to discharge their functions adequately and
without fear. When immunity cannot be invoked:
The offense by reason of which arrest is made is punishable by
more than six years imprisonment. In this case, the seriousness of
the offense does not justify the grant of the privilege; and
Congress is no longer in session. In such case, the reason of the
privilege does not obtain. The privilege is a personal one and may
be waived.
Citizens or the state are still entitled to lodge and pursue
criminal complaints against lawmakers, as in the case of Nueva
Ecija Representative Nicanor De Guzman, who was convicted by the
courts of gun smuggling.
As for infractions that are not exactly in the ambit of common
crimes but are not grave enough to warrant a complaint against and
possible sanctions on the lawmaker, there are the respective ethics
committees of both Houses. All one has to do is file a letter of
complaint with the secretariat (Senate secretary or House secretary
general) of either chamber or with the ethics committee itself. The
complaint must be verifiable i.e. the committee must be able to
ascertain the i