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Philippine Government in Transition

Philippine Government in TransitionPhilippine Government in TransitionPre-Spanish GovernmentSpanish Period GovernmentRevolutionary Era GovernmentAmerican Regime GovernmentJapanese Occupation GovernmentPrevious Philippine RepublicsProvisional Government of 1986

Pre-Spanish GovernmentBarangaynamed after balangay, a Malayan wordmeaning boat.

was a monarchy in form.

Every barangay was virtually a state, for it possessed the (4) four basic elements of statehood.

Some barangays joined together as confederations mainly for the purpose of mutual protection against common enemies.

Daturuler of the barangay

the chief executive, law-giver, chief judge, and military head of each barangay.

In some places, the leader of the barangay is called rajah, sultan or hadji. In performance of duties, he was assisted by a council of elders or maginoos as advisers.

Pre-Spanish GovernmentOne could be a datu by:

inheritancewisdomwealthphysical prowess

4 Social classes in the barangay:

Maharlika* (nobility)Timawa (freemen)Aliping namamahay (serfs)Aliping sagigilid (slaves)

* the datu belonged to the maharlika social class.Pre-Spanish GovernmentEarly laws in the barangays:

written laws (promulgated by the datus)unwritten laws (customs and traditions passed down through generations)

Two (2) written codes during the Pre-Spanish era:

1. Maragtas Code written in 1250 A.D. by Datu Sumakwel of Panay.2. Kalantiaw Code written in 1433 A.D by Datu Kalantiaw of Panay.Pre-Spanish Government The Filipino people, even in the prehistoric times had already shown high intelligence and moral virtues: virtues and intelligence clearly manifested in their legislation , which, taking into consideration the circumstances and the epoch in which it was framed, was clearly as wise, as prudent, and as humane, as that of the nations then at the head of civilization.- Zaide, 1962

Spanish Period Governments1565 to 1821 the Philippines was indirectly governed by Spain through Mexico due to the distance of the Philippines from Spain.

1821 to 1898 ruled directly from Spain, initially by the Council of the Indies, when Mexico obtained independence.

*1837 Council of the Indies was abolished legislation was temporarily performed by the Council of Ministers.

*1863 the Ministry of Ultramar (colonies) exercised general powers of supervision over Philippine affairs.

1521 Ferdinand Magellan discovered the islands of the Philippines.

Spanish Period GovernmentsThe Spanish introduced a centralized (unitary) government, in structure and in scope, in the Philippines.Barangays were consolidated into towns which were called pueblos, towns into provinces.

Cities governed under special charters were also created. Each city had an ayuntamiento or cabildo.

Spanish Period GovernmentsPueblos towns composed of consolidated barangays.

Gobernadorcillo little governor; head of a pueblo. Also called capitan.

Ayuntamiento/ cabildo city councilSpanish Period GovernmentsGovernor- General- exercised the powers of the government.

He exercised powers as a:

Governor-General - executive, administrative, legislative, and judicial powers.Captain General Commander in chief of all the Armed forces in the Philippines.Vice-royal patron exercised certain religious powers.Spanish Period GovernmentsRoyal Audencia- was the Supreme Court of the Philippines during the Spanish period. - performed functions of executive and legislative nature.Territorial Audencias- a branch of the the Royal Audencia which exercised appellate jurisdiction over criminal cases coming from the surrounding territoryThere were special courts, like the military and naval courts which had jurisdiction over military offenses.Ecclesiastical courts had cognizance of canonical matters and ecclesiastical offenses.Treasury and commercial courts were also created but were later abolished.Spanish Period GovernmentsEvaluation:Spanish rule was generally mild and humane. Filipinos were not brutalized. Spaniards and Filipinos intermarried and coexisted. Slavery and tribal wars were suppresed

It brought the unification of the Filipino tribes. They were modeled into one people, under one God, one King, and one government.

Filipinos were uplifted from primitive culture and paganism and were given the blessings of Christianity and European civilization.

Revolutionary Era GovernmentsKatipunan GovernmentBiak-na-Bato RepublicDictatorial GovernmentRevolutionary GovernmentFirst Philippine Republic

Revolutionary Era GovernmentsKatipunan GovernmentKatipunan A secret society organized by Andres Bonifacio that precipitated our glorious revolution on August 26, 1896. - was organized by Andres Bonifacio - the covenant of the Katipunan was signed on July 7, 1892 using the Katipuneros blood.

Revolutionary Era GovernmentsKatipunan Government

Kataastaasang Sanggunian - vested with the central government powers; Supreme Council.Sangguniang Balangay a provincial council in each province.

Sangguniang Bayan a town council.

Sangguniang Hukuman Judicial council that exercised judicial power.

Revolutionary Era GovernmentsBiak-na-Bato Republic

- a republic established in Nov. 1, 1897 by Gen. Aguinaldo in Biak-na-Bato (now San Miguel de Mayumo, Bulacan)

- had a constitution to take effect for two (2) years only.

Revolutionary Era GovernmentsBiak-na-Bato Republic

- their aim was the separation of the Philippines from the Spanish monarchy and their formation into an independent state. - lasted for 44 days with the conclusion of the Pact of Biak-na-Bato.

Revolutionary Era GovernmentsDictatorial Government- established by Gen. Aguinaldo on May 23, 1896 following the outbreak of the Spanish-American war on April 25, 1898

- its most important achievements were the Proclamation of Philippine Independence at Kawit, Cavite on June 12,1898 and the reorganization of the local governments.Revolutionary Era GovernmentsRevolutionary GovernmentJune 29, 1898 Gen. Emilio Aguinaldo established the Revolutionary Government replacing the Dictatorial Government with himself as the President.

a Congress was established whose function was advisory and ministerial.

- it sent a formal note to foreign nations, requesting them to accord formal recognition to the Philippines as a free and independent nation. Revolutionary Era GovernmentsFirst Philippine Republic

Sept. 15, 1898 a revolutionary Congress of Filipino representatives met in Malolos, Bulacan and promulgated the Malolos Constitution.

September 29, 1898 formally ratified the proclamation of Philippine Independence by Gen. Emilio Aguinaldo.

It established a free and independent Philippine Republic (then called Malolos Republic) which was inaugurated on Jan. 23, 1899 with Gen. Emilio Aguinaldo as President defining its structure and articulating its vision.

It existed from January 23, 1899 to March 23,1901. (two (2) years)Revolutionary Era GovernmentsFirst Philippine Republic

It was not recognized by the United States of America nor by the family of nations.

Nevertheless, it was an organized government because it actually existed and its authority was accepted by the people.American Regime GovernmentsMilitary GovernmentCivil GovernmentCommonwealth Government of the Philippines

American Regime GovernmentsMilitary Government

Began on August 14, 1898, the day after the capture of Manila.

The existence of war gave the President of the United States the power to establish a Military Government in the Philippines.

Authority was delegated to the military governor who exercised as long as the war lasted executive, legislative, and judicial.American Regime GovernmentsCivil Government

March 3, 1901 - Spooner Amendment, which ended the military regime in the Philippines, was passed.July 29, 1901 Civil Government was inaugurated.

Civil Governor was the head of the Civil Government. This position was created on Oct. 29, 1901 and was later changed to Governor General on Feb. 6, 1905.- He also exercised legislative powers. Remained the sole lawmaking body of the govt from 1901 to 1907.American Regime GovernmentsCivil Government1902 to 1916 the Philippine Bill of 1902 was the basic law for the Philippine government.- provided for the creation of the Philippine Assembly composed of Filipinos elected by the people.

Philippine Commission acted as the upper house of the legislative branch.Philippine Assembly served as the lower house.

Jones Law of 1916 became the new organic or basic law for the Philippines. This law vested the legislative power in an all-Filipino lawmaking body composed of the Philippine Senate and the House of Representatives. *Promised in its preamble to grant the PH independence as soon as the Filipinos could establish a stable government.American Regime GovernmentsCommonwealth Government

President: Manuel L. QuezonVice President: Sergio Osmea

- inaugurated on Nov. 15 1935- republican in form under the presidential type- its status was a form of government in transition to independence.American Regime GovernmentCommonwealth Government- its establishment was pursuant to the Tydings-McDuffie Law.

- Law provided for a 10-year transition period during which the Philippine Commonwealth would operate. Its expiration on July 4, 1946 proclaimed and establish the independence of the Philippines.

American Regime GovernmentCommonwealth GovernmentDuring WWII, the Commonwealth Government functioned in exile in Washington from May 13, 1942 to October 3, 1944.It was reestablished in Manila on February 27, 1945 when Gen. Douglas MacArthur, in a ceremony held in Malacaang Palace on behalf of the United States Government, turned over to President Osmea the full power and responsibilities of the Commonwealth Government under the 1935 ConstitutionJapanese Occupation GovernmentJapanese Military AdministrationPhilippine Executive CommissionJapanese-sponsored Republic of the PhilippinesJapanese Occupation GovernmentJapanese Military Administration

- established on January 3, 1942, a day after its occupation

- a proclamation issued by the Japanese High Command declared the sovereignty of the United States over the Philippines terminated.Japanese Occupation GovernmentPhilippine Executive Commission

- a civil government composed of Filipinos with Jorge B. Vargas as chairman.organized by the military forces of occupationexercised both executive and legislative powers.laws enacted were subject to the approval of the Commander-in-chief of the Japanese Forces.Judiciary continued in the same form as it was under the Commonwealth, but it functioned without the independence.Japanese Occupation GovernmentJapanese Sponsored Republic

inaugurated on October 14, 1943 with Jose P. Laurel as President.same characerter as the Philippine Executive Commission.ultimate source of power was the Japanese military authority and government.President Laurel proclaimed the dissolution of the Republic on August 17, 1945 Previous Philippine RepublicsRepublic of the Philippines- formally inaugurated on July 4, 1946President: Manuel A. RoxasVice President: Elpidio QuirinoPres. and Vice Pres. served from May 28, 1946 to July 4, 1946 as the last Commonwealth President and Vice President.

Previous Philippine RepublicsFirst Republicestablished on January 23, 1899 under the Malolos ConstitutionSecond Republic established on October 4, 1943 under the Japanese-sponsored Constitution

Third Republicestablished on July 4, 1946 under the 1935 Constitution.Fourth Republicproclaimed on June 30, 1981 under the 1973 Constitution by Ferdinand Marcosinstalled a modified parliamentary system of government

Provisional Government of 1986Revolutionary Government- A government instituted not in accordance with the procedure provided in an existing Constitution.- installed by direct action of the people or by people power.De jure constituted or founded in accordance with an existing constitution of the state.De facto not constituted or founded but has the general support of the people and effective control of the territory over which it exercises its powers. *de facto acquires de jure status when it gains wide acceptance from the people and recognition from the community of nationsProvisional Government of 1986Constitutional and transitory- government governing under a provisional or interim constitution the people could invoke to protect their rights and to promote their welfare, to exist for a limited period until the ratification and effectivity of a permanent constitution.

Democratic a government based on the consent of the governed or the approval of the people.

Powers the revolutionary government opted to abide with and to subject itself to the provisions of the Provisional Constitution.

Provisional Government of 1986The Provisional Constitution

Proclamation No. 3 promulgated a Provisional Constitution to replace the 1973 Constitution, adopting in toto insofar as they are not inconsistent with the provisions of the Proclamation, certain provisions of the 1973 Constitution.Introductionto Political SciencePolitical Scienceis the systematic study of the state and government.

Political is derived from the Greek word polis, meaning a city or a sovereign state.

Science comes from the Latin word scire, to know.Political ScienceScience of politics, a basic knowledge and understanding of the state and of the principles and ideals which underlie its organization and activities.

Primarily concerned with the association of human beings into a body politic, or a political community.

Deals with those relations among men and groups which are subject to control by the state, with the relations of men and groups to the state itself, and with the relations of the state to other states.Scope of Political SciencePolitical TheoryPublic LawPublic AdministrationPolitical Theory the entire body of doctrines relating to the origin, form, behavior, and purposes of the state are dealt with in the study of the subject.

Public LawThe organization of governmentsThe limitations upon government authorityThe powers and duties of governmental offices and officersThe obligations of one state to anotherDivided into: constitutional law, administrative law, and international law.Public Administration- is focused on the study of the methods and techniques used in the actual management of state affairs by executive, legislative, and judicial branches of the government.Interrelationship of Political Science with other branches of learningHistory history is past politics and politics present history.Economics - the political scientist regularly adopts an economic approach when seeking to interpret such matters as public financial policies and government regulation of businessesGeography Geopolitics is the science concerned with the study of the influences of physical factors such as population pressures, sources of raw materials, geography, etc., upon domestic and foreign politics.Interrelationship of Political Science with other branches of learningSociology and anthropolgy study concerned with the origins and nature of social control and governmental authority, with the abiding influences of race and culture upon society, and with the patters of collective human behavior.Psychology promotes studies of the mental and emotional processes motivating the political behavior of individuals and in groups.Philosophy the political scientist considers the branch of philosophy called, ethics, too, when he contemplates the moral background of proposed changes in social legislation.

Interrelationship of Political Science with other branches of learningStatistics and logic proper application of statistical procedures for the quantitative measurement of social phenomena and of logical procedures for the analysis of reasoning and knowledge of current political problems are needed to gather and evaluate data and in drawing conclusions.

Jurisprudence - comprehension of the nature of law and of statutes enacted by legislatures is indispensible to thepolitical theorist.Function and Importance of Political ScienceTo discover the principles that should be adhered to in public affairs and to study the operations of government in order to demonstrate what is good, criticize what is bad or inefficient, and to suggest improvements.Function and Importance of Political ScienceFinding and conclusions may be of immense practical use to constitution-makers, legislators, executives and judges who need models or norms that can be applied to immediate situations.Function and Importance of Political ScienceStudy of political science also deals with problems of social welfare, governmental economic programs, international cooperation, and a wide range of other matters that are urgent concern to public officials and to private citizens.Goal in the study of Pol Sci CoursesEducation for citizenshipEssential parts of liberal educationKnowledge and understanding of governmentArticle 1 National TerritoryNational territory of the Philippines comprises of:The Philippine archipelago with all the islands and waters embraced within;Archipelago - from Greek word pelagos, meaning sea or part of a sea studded with islands. It includes both sea and islands which geographically may be considered as an independent whole.All other territories over which the Philippines has sovereignty or jurisdiction.

Article 1 National TerritoryThe terrestrial, fluvial and aerial domains including the territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas therof; and

The internal waters waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions.

Article 2: Declaration of Principles and State PoliciesSection 1: The Philippines is a democratic and republican State.

Republican Government- democratic government by representatives chosen by the people at large. People remain the ultimate source of political power and authority.

Manifestation of a Democratic and Republican State:

Existence of Bill of Rights (Art.III)Observance of the rule of MajorityObservance of the principles that ours is a government of laws and not of men.Presence of election through popular will.Observance of the principles of separation of powers and the system of checks and balances.Observance of the principles that the legislature cannot pass irrepealable lawsObservance on the law on public officersObservance of the principles that the State cannot be sued without its consent

SovereigntyImplies the supreme authority to govern.Exercised indirectly through public officials.Exercised directly through suffrage

Right of People to RevoltPeople, as the ultimate judges of their destiny, can resort to revolution as a matter of right.

Article 2: Declaration of Principles and State PoliciesArticle 2: Declaration of Principles and State PoliciesSection 2: The Philippines renounces war as an instrument of national policy

In accordance with the United Nations Charter principle:refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state. x x x.

* Under article 6, sec, 21 of the Constitution, Congress with the concurrence of 2/3 of all it members, voting separately, may declare the existence of a state of war.

Article 2: Declaration of Principles and State PoliciesSection 3: Civilian Authority is, at all times supreme over the military.

*Even in war, the armed forces is subordinate to civilian authority.

Armed Forces of the Philippines - protector of the people and the State- the goal is to secure the sovereignty of the State and the integrity of the national territory

Article 2: Declaration of Principles and State PoliciesSUPREMACY OF CIVILIAN AUTHORITY OVER THE MILITARY

Inherent in a republican system - the idea of the supremacy of civilian authority. The highest of such authority being the President.

Safeguard against military dictatorship - a civilian, the President is the commander in chief of all armed forces of the Philippines

Section 4: The prime duty of the Government is to serve and protect the people.

Military and Civil Defense by the PeopleDefense of State performed by the people - the duty of the government and the people to defend the State, cannot be performed except through an army.Compulsory - citizen may be compelled to render personal military or civil service .Civil Service - refers to any service for the defense of the State other than as soldiers, like as workers in ammunition factoriesPersonal - one cannot render the service required through another. The service must be personal.By Law - the phrase under conditions provided by law is intended to prevent arbitrariness on the part of certain officials to require military or civil service.

Article 2: Declaration of Principles and State PoliciesSection 5: The maintenance of peace and order, the protection of life, liberty, and property- Democracy flourishes best when peace and order reign and the rights of the people are assured.

Section 6: The separation of Church and State shall be inviolable.

Article 2: Declaration of Principles and State Policies

Section 7: The State shall pursue an independent foreign policy.

Foreign Policy- is the basic direction underlying the conduct by a state of its affairs vis--vis those of other States.

Section 8. Freedom from nuclear weapons in its territory. Article 2: Declaration of Principles and State Policies

Section 9: The State shall promote a just and dynamic social order.

Section 10: The State shall promote social justice.

Social Justice - state must give preferential attention to the welfare of the less fortunate members of the community.(the unschooled, the disabled, the underprivileged those who have less in life.)Article 2: Declaration of Principles and State PoliciesSection 11. The State values the dignity and guarantees full respect for human rights.

Section 12. The State recognizes the sanctity of family life.Family as the basic autonomous social institution

Article 2: Declaration of Principles and State PoliciesRight to life of the unborn from conception and of the mother.- once conceived, the unborn child is a living person.

Rearing of the youth for civic efficiency and development of moral character

duty both of parent and governmentright of State to interfere with education of childrenpower of state to regulate all schools.State and parental obligationduty of the State to encourage educational institutions

Section 13. State recognize the vital role of the youth for Nation Building.

Article 2: Declaration of Principles and State PoliciesSection 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

Role of women in nation buildingProven capabilities of Filipino women - history shows that our women past and present, have ably proven their capabilities in all fields of human endeavors.Expansion of womens role - the constitution gives recognition to the role Filipino women have played and continue to play as partners in the task of nation buildingEquality of men before the law - Men and women are fundamentally equal. As a rule, women has narrower occupational choices and have lower earnings than men

Article 2: Declaration of Principles and State PoliciesSection 15. The right to health of the people and instill health consciousness among them.

Health - is the state of physical social and mental well-being rather than merely the absence of physical disease.

Section 16. The right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

Ecology- branch of science that deals with the study of the interrelationships of living things and their environment

Article 2: Declaration of Principles and State PoliciesSection 17: The State shall give priority to education, science and technology, arts, culture, and sports.

Section 18: The State affirms labor as a primary social economic force.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.Article 2: Declaration of Principles and State PoliciesSection 21: The State shall promote comprehensive rural development and agrarian reform.

Comprehensive rural Development - covers all phases of rural development - economic, social, political, cultural and industrial

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

Indigenous cultural community- refers to those non-dominant group w/c possess and wish to preserve characteristics markedly different from the rest of the population. (ethnic, religious and linguistic traditions)

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

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

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

Article 2: Declaration of Principles and State PoliciesSection 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.

Equal access to opportunities for public service

Article 2: Declaration of Principles and State PoliciesLimitation of term of office

- enhance equal access to political opportunities

Prohibition of political dynasties

- expresses a national commitment to democratize elections and appointment to positions in the government.

Prohibition constitutionally mandated

Section 27: The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

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.

Article 2: Declaration of Principles and State PoliciesBill of rights

a declaration and enumeration of a persons right and privileges which the constitution designed to protect against violations by the government or by an individual or groups of individuals.

Limitation on the power of the StateCharter of liberties for individuals

ARTICLE III: Bill of RightsClasses of RightsNatural Rights

Rights possesed by every citizen without being granted by the state for they are given to man by god as a human being created to his image

Constitutional Rights

Rights which are conferred by the constitution

Statutory Rights

Rights which are provided by laws by the law making body and consequently maybe abolish by the same body.

ARTICLE III: Bill of RightsClassification of constitutional rights

Political Rights

Gives the citizen the power to participate directly or indirectly

Civil Rights

Rights w/c the law will enforce. Includes the rights to due process and equal protection of the law

Social and economic rights

Includes the rights w/c are intended to insure the well-being and economic security of the individual.

Rights of the accused

Civil rights intended for the protection of the person accused of any crime. Like the right to presumption of innocence.

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

Due process of LawAny deprivation of life, liberty or property by the State is with due process if it is done under:the authority of a law that is valid or of the Constitution itself.after compliance with fair and reasonable methods of procedure prescribed by law.

ARTICLE III: Bill of RightsASPECTS OF DUE PROCESS OF LAWProcedural Due Process

Refers to the method or manner by which the law is enforced

Substantive Due Process

Requires that the law itself not merely the procedure by which the law would be enforced is fair, reasonable and just

ARTICLE III: Bill of RightsPROCEDURAL DUE PROCESS1. JUDICIAL PROCEEDINGS REQUISITESAn impartial court clothed by law with authority to hear and determine the matter before it;Jurisdiction lawfully acquired over the person of the defendant or property w/c is the subject matter of the proceedingsOpportunity to be heard given the defendantJudgment to be rendered after lawful hearing

2. ADMINISTRATIVE PROCEEDINGS- notice and hearing may be dispensed with, where because of public need or for practical reasons, the same is not feasible.ARTICLE III: Bill of RightsSUBSTANTIVE DUE PROCESSLaw requires that the law in question affecting life, liberty or property be a valid law

Life - means something more than mere animal existence.

Liberty denotes merely freedom from physical restraint. It also embraces the rights of man to use his faculties with which he has been endowed by his Creator.

Property may refer to the thing itself or the right over a thing.

ARTICLE III: Bill of RightsEqual protection of the law signifies that all persons subject to legislation should be treated alike, under like circumstances and conditions both in the privileges conferred and liabilities imposed.ARTICLE III: Bill of RightsSection 2: Right against unreasonable searches and seizuresSearch warrant an order of 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.

Warrant of arrest to arrest a person designated and to take him into custody in order that he may be bound to answer for the commission of an offense.

Scope of the Protection:Persons - the protection applies to everybody.

Houses - the protection is not limited to dwelling houses but extends to a garage, warehouse, shop, store, office, and even a safety deposit vault. Does not extent to open spaces and fields belonging to one.

Papers and effects - include sealed letters and packages in the mail which may be opened and examined only in pursuance of a valid search warrant.Requisites for valid search warrant or warrant of arrest

Must be issued upon probable causeProbable cause must be determined personally by the judge himselfSuch determination of the existence of probable cause must be made after examination by the judge of the complainant and the witnesses he may produceMust be particularly describe the place to be search and the person or things to be seized.

Probable cause - such facts and circumstances antecedent to the issuance of the warrant sufficient in themselves to induce a cautious man to rely upon them and act in pursuance thereof.

Right against unreasonable search and seizure, personal.

Proper party to invoke right

- the legality of a search and seizure can be contested only by the party whose personal rights were involved.

Rights subject to a waiver

- without a proper search warrant, no public official has the right to enter the premises of another without his consent for the purpose of search and seizure.When search and seizure may be made without warrant:

where there is consent and waiver.where such is an incident to a lawful arrestin the case of contraband or forfeited goods being transported by ship, automobile, or other vehicle, where the officer making it has reasonable cause for believing that the latter contains them.where without a search, the possession of the articles prohibited by law is disclosed to plain view or is open to eye and hand.as an incident of inspection, supervision and regulation in the exercise of police power.Routinary searches usually made at the border or at ports of entry in the interest of national security.

When Arrest maybe made without warrant:

When in his presence, the person to be arrested has committed or attempting to commit an offense.

When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it.

When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment, or has escaped while being transferred to one confinement to another.Section 3: Right of privacy

right to be left alone

Basis and Purpose of the right:

Right existing in the State of Nature- the right to privacy is considered as belonging to that class of rights which every human being possesses

Right designed to secure enjoyment of ones private life-there is an express recognition that persons may communicate Section 4: No law shall be passed abridging the freedom of speech, of expression, or of the press

Freedom of speech, expression and of the press

- Also known as 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. It also includes the right to circulate what is published.Scope of terms of Speech, expression and press

Speech and expression includes any form of oral utterances

Press covers every sort of publication. Radio and television as instrument of mass communication is included within the term.

Freedom of expression not Absolute

Subject to regulation by the State

- it is always subject to some regulation by the State in order that it may not be injurious to the right of the community or society.

Subject one to liability when abused - the following may be penalized:Anyone who Slanders or Libels Lewd and obscene speech Fighting wordsSeditious speeches Right of Assembly and Right of Petition

Right of Assembly- the right on the part of the citizens to meet peaceably for consultation in respect to public affairs.

Right of Petition- right of any person or group of persons to apply, without fear of penalty to the appropriate branch or office of the government for redress of grievances.Section 5: No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof.

Religious Freedom

- right of 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.

Religion- includes all forms of belief in the existence of superior beings exercising power over human beings.

Freedom to believe in a religion

Freedom to act in accordance of such belief

The separation of the Church and State secured in the first sentence of the provision

The freedom of religious profession and worship, in the second sentence of the provision

Aspects of Religious FreedomAspects of Religious Profession and WorshipRight to disseminate Religious beliefs

Relationship with right to believe - the right to believe and to worship would be incomplete w/o the constitutional right to share ones views.

Justification for restraint of right - any infringement of religious freedom may be justified only to the smallest extent necessary to avoid grave danger to public welfare and security.

Religious Test - one demanding the avowal or repudiation of certain religious belief before the performance of any act.Section 6: The liberty of abodeLiberty of Abode and Travel- 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.

LIMITATIONS:Permissible interference- the right is qualified by the clauses except upon lawful order of the court and except in the national security , public safety or public health as may be provided by law.Intervention of the court- note that under the second limitation, a court order is not necessary - a person whose liberty of abode is violated may petition for a writ of habeas corpus against another holding him in detention

Section 7: The right of the people to information on matters of public concern shall be recognized.

Writ of Habeas Data- a judicial remedy available to any individual whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act.

Purpose of WritSecures the privacy of an individual by way of regulating the processing of personal information or data about him.Gives the individual the right to find out what information is being kept about him and what use and for what purpose such data are being collected.Section 8: The right of the people, to form unions, associations, or societies not contrary to law.

The right to form an association

- is the freedom to organize or to be a member of any group or association, union or society and to adopt the rules which the members judge most appropriate to achieve their purpose. - Grants government employees to form labor unions.

Section 9: Private property shall not be taken for public use without just compensation

Inherent powers of GovernmentTotality of governmental power, contains three great power:Power of eminent domainpower of the State to take private property for public use upon paying the owner just compensationPolice powerpower of the State to enact laws and regulations in relation to person and property as may promote public health, public morals, public safety and general welfare of the people.Power of taxationpower of the State to impose charge or burden upon persons, property, or property rights for the use and support of the government and to enable it to discharge its appropriate functions

Similarities - this powers are similar in the following respects:

They all rest upon necessity because there can be no effective government without them.The are inherent in SovereigntyThey are ways by which the State interferes with private rights and propertyThey are all legislative in character.They all presuppose an equivalent compensation received, directly or indirectly.

Illustrations of Police PowerPublic health- those regulating the medical profession.Public Morals- those punishing vagrancy and prostitution, prohibiting gambling. Public Safety- those requiring a license to drive a motor vehicle General welfare and Convenience - those requiring compulsory registration of lands, authorizing the removal of billboard offensive to sight.Taxes- are enforced proportional contributions from persons and property levied by the lawmaking body of the State

DISTINCTIONS AMONG THE THREE POWERSPOWER OF EMINENT DOMAINPOWER OF TAXATIONPOLICE POWERAs to authority w/c exercises the powerMaybe granted to public service companiesExercised only by the governmentAs to purposeFor public use Property (cash) is taken for the support of the governmentThe property is taken or destroyed for the purpose of promoting general welfareAs to effectThere is the transfer of the right to property whether it be ownership or a lesser rightMoney contributed becomes a part of public fundThere is no such transferAs to persons affectedOperates on an individual as the owner of a particular propertyOperate upon a community or a class of individualsAs to benefits receivedReceives just compensation for the property expropriated Assumed that an individual receives the equivalent of the tax in form of benefits or protection from the governmentThe compensation of an individual is not immediate. 101Section 10: No law impairing the obligation of contracts shall be passed.

Obligation of Contract - is the law or duty which binds the parties to perform their agreement according to its terms and intent if it is not contrary to law, morals, good customs, public order or public policy.

Section 11: Free access to the courts and quasi-judicial bodies and adequate legal assistance.

CONSTITUTIONAL RIGHTS OF THE ACCUSED IN CRIMINAL CASESRight to adequate legal assistanceThe right to be informed of his right to remain silent and to have a counselRight against the use of torture, force, violence, threat, intimidation, or any other means which vitiates the free will.Right against being held in secret, incommunicado, or similar forms of solitary detention.Right to bail and against excessive bailCONSTITUTIONAL RIGHTS OF THE ACCUSED IN CRIMINAL CASES

Right to due process of lawRight to presumption of innocenceRight to be heard by himself and counselRight to be informed of the nature and cause of the accusation against him.Right to have a speedy, impartial trial.Right to meet the witnesses face to faceRight to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf.

CONSTITUTIONAL RIGHTS OF THE ACCUSED IN CRIMINAL CASES

Right against self-incriminationRight against detention by reason of political beliefs and aspirationsRight against excessive finesRight against cruel, degrading or inhuman punishment.Right against infliction of the death penalty except for heinous crimesRight against double jeopardy.

Reasons for Constitutional Safeguards

A criminal case, an unequal contest - it is of necessity, unequal contest because the parties are of unequal strength.

Criminal accusations, a very serious matter - the defendant by merely being accused may find himself in immediate trouble whether guilty or not, his reputation is at question. The accused therefore needs every possible opportunity to defend himself

Protection of innocent, the underlying purpose - the purpose is to assure that truth will be discovered and that justice will be doneRight to Free access to courts and Quasi-judicial bodies - for the protection of their persons and properties, the prevention and redress of wrongs and the enforcements of contracts.

Right to adequate legal assistance- the State has a duty to provide free and legal assistance to citizens when needed.

Section 12: Right to be informed of ones rights and be free from any forms of violence, torture or force.Rights of Person under investigation

to be informed of his right to remain silentto have competent and independent counsel preferably of his own choice or to be provided with one.against the use of torture, force, violence, threat, intimidation, or any other means w/c vitiates the free willagainst being held in secret, solitary , incommunicado, or other similar forms of detention

Section 13: Right to bail, except those charged with reclusion perpetua.

Bail - security required by a court and given for the provisional or temporary release of a person who is in the custody of the law.

Purpose and form of Bail:To relieve an accused from imprisonment until convictionRight to bail is granted because in all criminal prosecutions, the accused is presumed innocent.It may be in a form of cash deposit, property bond, bond from surety company or recognized.Who may not invoke the right to Bail

- Applicant is not yet in custody of the law- Charged with capital offense or an offense punishable by reclusion perpetua, life imprisonment or death.- No bail shall be allowed after the judgment has become final or after the accused has commenced to serve sentence.

Capital Offense- is an offense, which under the law existing may be punishable by reclusion perpetua, life imprisonment, or death.

110Section 14: No person shall be held to answer for a criminal offense without due process of law.

Right to due process of lawDue process in its procedural aspect- a person cannot be held to answer without due process of law.The accused must be:Tried before a competent court (ex. Court having jurisdiction)Given fair and impartial trialAllowed to use all legal means and opportunity to defend himselfThe judgment awarded against him must be within the authority of a valid law. Observance of fundamental fairness

Right to presumptions of innocenceIn all criminal prosecutions, the accused is presumed innocent until the contrary is proved.

Safeguard against false conviction- the presumption is no person shall be convicted of a crime except upon confession or his guilt is an established proof beyond reasonable doubt.Requirement of proof of guilt beyond reasonable doubt- it is better to acquit a person upon the ground of reasonable doubt even though he may, in reality be guilty, than to inflict imprisonment on one who may be innocent.Statutory presumption of GuiltPresumptions founded upon human experience

That when certain facts have been proved, they shall be prima facie (i.e. sufficient for proof if NOT contradicted)evidence of the existence of the main fact in question

Person in possession of stolen property

It is presumed that a person found in possession of a thing taken in the doing of a recent wrongful act (i.e. theft), is the taker and the doer of the whole act.

Right to be heard by himself and counsel

The Rules of Court provides:

In all criminal prosecution, the defendant shall be entitled to be present and defend in person and by counsel at every stage of the proceedings.The accused must be present at the arraignment and must personally enter is pleaAfter a plea of not guilty, the accused is entitled to 2 days to prepare for trial unless the court. For good cause grants him further time.Before arraignment, the court shall inform him of his right to counsel and shall ask him if he desires to have one. Arraignment - is made in an open court by the judge or clerk, and consist in furnishing the accused of the copy of the complaint.

Right to be informed of the cause and nature of the accusations against him:Specific allegations of crimes charged- implies that the offense w/c a person is accused of be made known to him.Remedy of accused whose rights is violated- this requirement of notice is indispensable in as much as in criminal cases not only the liberty but even the life of the accused maybe at stake.

Right to have a speedy, impartial and public trial

Speedy trial - one that can be has as soon as possible, after a person is indicted and within such time as the prosecution with reasonable diligence, could prepare for it.Impartial trial - absence of actual bias in the trial of casesPublic trial - it is not of necessity one to w/c the whole public is admitted, but it is one open to all.

Right to confrontation of witnesses

The accused person has the right to confront witness face to face. Reasons are: cross-examination of witness by the accused-Assessment by the court of witness credibility

Trials in the absence of the accused

1. Conditions on Trial In the absence of the Accused:He has been arraignedHe has been duly notified of the trialFailure to appear is unjustifiable

2. Reason for rule - an accused cannot, by simply escaping, thwart his prosecution and possibly eventual conviction provided only that the three conditions above are present.

Section 15: The privilege of the writ of habeas corpus shall not be suspended except when the public safety requires it.

117Writ of habeas corpus Order issued by the court directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place.May be suspended by the president incase only if invasion or rebellion when public safety requires it.

Purpose of the writ:To inquire into all manner of involuntary restraint or detention as distinguished from voluntary and to relieve a person therefrom if such restraint is found illegal.

Writ - is the order from the court requiring a person detaining another to show cause for detentionWrit of Amparo

This special writ prohibits respondents from using the defense of simple denial.

Can be invoked by the families of victims of extrajudicial killings, and enforced disappearances when the right to life, liberty or security of a person is violated or threatened.

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

Importance of right - upholds the time honored tradition of Justice delayed is Justice denied.It enhances peoples respect to the lawInvocation of rights - can be invoked only after the termination of the trial or hearing of the case.Time limit in disposition of cases - under the present constitution, the supreme court and all the other lower courts are required to decide or resolve cases within a certain period of time.Cases contemplated - contemplates the disposition of cases involving private interests not only before judicial bodies but also quasi-judicial.Section 17: No person shall be compelled to be a witness against himself.

Right against Self incrimination - no person shall be compelled to be a witness against himself which may expose him to criminal liabilityBasis:Public policy - because if the party is thus required to testify, He would be placed under the strongest temptation to commit perjury.Humanity - prevents extortion of confession by duressRight to silence - his failure or refusal to testify may not be used as a presumption of guilt or taken as evidence against himSection 18: freedom from political belief

Right against detention solely by reason of political beliefs and aspirations.

Incarceration w/o charges of political prisoners - thousand of people were arrested and jailed during Martial law.Suspension of privilege of writ of habeas corpus even after lifting of Martial lawProhibition a guarantee against having a prisoners of conscience

Involuntary servitude - denotes a condition of enforced, compulsory service of one to another. It includes:Slavery or the state of entire subjection of one person to the will of another.Peonage - voluntary submission of a person to the will of another because of his debt.

Basis and purpose of the prohibition:

The prohibition is grounded on the value accorded to human dignity in a democratic and free society.

The purpose is to maintain a system of completely free and voluntary labor.

Exceptions to the Prohibition:When the involuntary servitude is imposed as a punishment for a crime.When personal military or civil service is required of citizens to defend the State.The injunctions requiring the striking laborers to return to work pending settlement of an industrial disputeTo exceptional services such as military and naval enlistment To exercise by parents their authority to require their children to perform reasonable amount of workWhen there is a proper exercise of the police power of the State.

Section 19: Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.

Right against excessive fines

The question as to the amount of the fines that shall be imposed is the sound discretion of the court, if it keeps within the limit of the Statute, it cannot be held unreasonable

Right against cruel, degrading, or inhuman punishment

This right can only be invoked after conviction for a crimeForm of punishmentIt can be said that punishments are cruel or inhuman when they involve torture or lingering to death, such as burning alive and other barbarous punishment.

Death by hanging, electrocution or musketry is not considered cruel or inhuman

Quantity or duration of punishment All punishment greatly disproportionate to the nature of the offense as to be shocking to the human conscience would be both cruel and inhuman.

Imposition of the death penalty

Commutation of death penalties already imposed - Sec.19 abolishes death penalty. It shall not be inflicted unless the Congress decides to reinstate it.

Crimes considered heinous - they can be said to cover offenses that are exceedingly or flagrantly bad or evil or those committed with extreme cruelty as to shock the general moral sense such as treason, parricide, drug traffickingArguments against death penalty

Arguments in favor of death penalty

Cruel and inhuman

Not cruel and inhuman because the manner by w/c it is executed does not involve physical or mental pain. Imposed only for heinous crimesThere is no conclusive evidence that it has deterrent effect to criminality

It does discourage others from committing heinous crimes and its abolition may increase crime rates.Deprives convict a chance of rehabilitation and reformation

A convict by his own act has forfeited his right to life and shown his moral incapability to be rehabilitated and reformed.There is always a possibility of error in condemning a person to death

Its imposition is filled with numerous legal safeguardsThe State has no right to deprive a person of his life. God is the hiver of life and only He can take it

The state has the absolute right to take the life of a person who has proved himself a great menace to the society by way of self-defense and as an example and warning to others.Arguments against death penalty

Arguments in favor of death penalty

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

Debt - any liability to pay money arising out of a contract, express or implied.Refers to Civil or contractual debt or one not arising from a criminal offense.Estafa is a criminal offense where you a person van be imprisoned for non payment of debt

Poll Tax - tax of a fixed amount imposed on individuals rescinding within a specified territory, whether citizens or not.Section 21: No person shall be twice put in jeopardy of punishment for the same offense.

Right against double jeopardy When a person is charged with an offense, and the case is terminated either by acquittal or conviction, the latter cannot again be charged of the same or identical offense.

Requisites of double JeopardyHe has been previously brought to trialIn a court of competent jurisdictionUnder a valid complaint or informationHe has been arraignedHe has been convicted or acquitted or the case against him has been dismissed or otherwise terminated w/o his express consentHe is being charged again from the same offenseRule in case of mistrialThe right cannot be invoked where a petition for a declaration is granted on the ground that the proceedings have been vitiated by lack of due process.

Right to appeal in criminal cases

The government has no right therefore to appeal from a judgment of acquittal.

The accused after having been convicted, may appeal to a higher court, but the latter may increase the appeal imposed on him by the lower court.

Classes of Double Jeopardy

For the same offense - the protection is against double jeopardy for the same offense and not the same act., provided that he is charged with a different offense.

For the same act - double jeopardy of punishment for the same act.Section 22: No ex post facto law or bill of attainder shall be enacted. Ex post Facto Law - An ex post facto law is one which operating retrospectively:

Makes an act done before the passage of a law.Aggravates crimes or makes it greater than when it was committedChanges the punishment and inflicts a greater punishment than what the law annexed to the crime, when committed, orAlters the legal rules of evidence, and receives less testimony from what the law required at the time of the commission of the offense, in order to convict the offender.

Characteristic of Ex post facto LawThey relate to penal and criminal matters onlyRetroactive in their operationThey deprive the person accused of crime of some protection or defense previously available to their advantage.

Bill of Attainder - legislative act which inflicts punishment without a judicial trial., if the punishment is less that death, the act is called bill of pains and penalties.

ARTICLE IV CitizenshipSection 1: The following are citizens of the Philippines: 1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;

2. Those whose fathers or mothers are citizens of the Philippines;

3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

4. Those who are naturalized in accordance with lawCitizen - a person having the title of citizenship. He is a member of a democratic community who enjoys full civil and political rights.

Citizenship - a term denoting membership of a citizen in a political society.Subject and AlienSubject - citizen of a member of a democratic community who enjoys full civil and political rights. In a monarchal state, he is called a subject.Alien - is a citizen of a country who is residing on or passing through another country. He is popularly called as a foreigner.

General ways of acquiring citizenship:

Involuntary Method - by birth, because of blood relationship by place of birth.

Voluntary Method - by naturalization, except in case of collective naturalization of the inhabitants of a territory which takes place when it is ceded by one State to another as a result of conquest or treaty.Citizens by birth

Jus Sanguinis - Blood relationship is the basis for the acquisition of this rule. The children follow the citizenship of the parent. The Philippines uses this rule.Jus soli/ jus loci - place of birth serves as the basis for acquiring citizenship under this rule. The U.S. uses this rule. - The person becomes a citizen where he is born irrespective of the citizenship of the parents.

Naturalization - act of formally adapting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship.Ways of acquiring citizenship by Naturalization

By judgment of the court - the foreigner who wants to become a Filipino must apply for Naturalization with the proper Regional Trial Court.

By direct act of Congress - our law making body simply enacts an act directly conferring citizenship on a foreigner.

By administrative proceedings - under R.A.No.9139 (Jan.8, 2001)known as the Administrative naturalization Law of 2000, aliens born and residing in the Philippines may be granted citizenship by administrative proceedings by a special committee on Naturalization.Section 2: Philippine citizenship

Kinds of Citizen under the Constitution

Natural born citizen:who at the moment of their birth are already citizens of the Philippines.do not have to perform any act to acquire his Filipino Citizenship.Citizen at the time of adoption of the new Constitutionrefers to those who are considered citizens of the Philippines under the 1973 Constitution at the time of the adoption of the new constitution.Citizen through election - refers to those born on Filipino mothers before Jan. 17, 1973, who upon reaching the age of majority, elect Philippine citizenship after the ratification of the 1973 Constitution.

Naturalized citizens - refers to those who were originally citizens of another country but who, by an intervening act( naturalization), have acquired new citizenship in a different country.

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

Loss of citizenship

Voluntarily - it is called expatriation

By naturalization in a foreign countryBy express renunciation of citizenshipBy subscribing to an oath of allegiance to a foreign countryBy rendering service to or accepting commission in the armed forces of a foreign countryInvoluntarily

By cancellation of his certificate of naturalization by court

Having been declared by competent authority , a deserter of the Philippine Armed forces in the time of war

Reacquisition of lost Philippine Citizenship

By naturalization, provided the applicant possesses none of the disqualification provided in the naturalization lawBy repatriation of deserters of the Philippine armed forces and women who lost their citizenship by reason of marriage to an alien, after termination of their marital statusBy direct act of the Congress of the Philippines.

Repatriation - is effected by merely taking the necessary oath of allegiance to the Republic of the Philippines and registering the same in the proper civil registry.

Section 4: Citizens of the Philippines who marry aliens shall retain their citizenship, unless they to have renounced it.

Effects of marriage of citizen to an alienA Filipino citizen who marries an alien does not lose his citizenship even if by the laws of his/her wifes/ husbands country, he/she acquires her/his nationality.The exception is if they renounce their citizenship.

Section 5: Dual allegiance of citizens 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 Filipino Citizenship.

Dual Citizenship - refers to the possession of two citizenships by an individual, that of his original citizenship and that of the country where he became a naturalized citizen.

Duties and obligations of citizensTo be loyal to the Republic - loyalty means faith and confidence in the Republic and love and devotion to the country.pride in ones countryabsolute and permanent allegiance to his governmentTo love and defend the countrylove of country shown not by words but by deeds.readiness to sacrifice his life in defense of his country.

To contribute to the development and welfare of the State

many ways of contributing to the countryworking together for the common good- citizens do not live for themselves and for their families alone. They are a part of the society to w/c they owe a definite responsibilities.

To uphold the constitution and obey the law

To cooperate with duly constituted authorities - community living imposes obligations and responsibilities upon the individual.Active concern with affairs of the governmentNeed for civic courage and pride or sense of civic values

To exercise rights responsibly and with due regards for the rights of othersExercise of rights to prejudice others not permissibleRight to liberty not absoluteTo engage in gainful work employment is not the obligation solely of the State.Duty to be a useful and productive member of the societyDuty to work hard

To register and to voteduty to vote responsiblyDuty to guard and protect the integrity of his vote

ARTICLE V: Suffrage Section 1: Suffrage may be exercised by all citizens of the Philippines at least eighteen years of age

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.Nature of Suffrage:

A mere privilege - not a natural right of the citizen but merely a privilege to be given or withheld by the law making power subject to constitutional limitations.A political right - in the sense of a right conferred by the Constitution. Suffrage is classified as a political right.Scope of Suffrage:

Election - means by which the people chose their officials.

Plebiscite - name given to vote of the people expressing their choice for or against a proposed law

Referendum - submission of a law or part thereof passed by the national or local legislative body

Initiative - process whereby the people directly propose and enact law.

Recall - method by which a public officer may be removed from office during his tenure or before the expiration of his term.

Qualification of voters:

Must be a citizen (male or female) of the Philippines

Not otherwise disqualified by law

At least 18 years of age

Have resided in the Philippines for at least 1 year and in the place wherein he proposes to vote at least six months preceding the election.

Persons disqualified to vote

Any person who has been sentenced by final judgment to suffer imprisonment by not less than 1 yr.

Any person who has been adjudged by final judgment by competent court of having committed any crime involving disloyalty, rebellion, sedition, etc..

Insane or incompetent person declared by a competent authority.

Section 2: The Congress secure the secrecy and sanctity of the ballot.

Congress - designs a procedure for the disabled and the illiterate to vote w/o assistance.

ARTICLE VI The Legislative Department Section 1: The legislative power shall be vested in the Congress of the Philippines

Legislative power - authority under the constitution to make laws and subsequently, when the need arises, to alter and repeal them.Law - refers 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 its agencies.

BICAMERALISMADVANTAGES

A second chamber (senate) is necessary to serve as a check to hasty and ill considered legislationServes as a training ground for future leadersProvides a representation for both regional and national interestsA bicameral legislature is less susceptible to bribery and control of big interestIt is the traditional form of legislative body dating from ancient times.

DISADVANTAGES

The bicameral set up has not worked out as a effective fiscalizing machineryAlthough it affords a double considerations of bills, it is no assurance of better considered and better deliberated legislationProduces duplication of efforts and serious deadlocks in the enactment of important measures with the conference committee of both housesAll things being equal, it is more expensive to maintain than a unicameral legislatureThe prohibitive cost of senatorial elections have made it possible for only wealthy individuals to make it to the senate

157Scope of legislative power of Congress

Plenary or General - a grant of legislative power means the grant of all legislative power for all purposes of civil government.

Legislative powers not expressly delegated deemed granted - the delegated power of our Congress are broader than the legislative power of American CongressTwo Classification of Power of CongressPrimary function of Congress is to legislate.

General Legislative Power - power to enact laws intended as rules of conduct to govern the relationship among individuals and the State.

Specific Power - powers which the Constitution expressly directs or authorizes Congress to exercise like the power to choose who shall become President in case two or more have the highest or equal number of votes to confirm certain appointment by the President.

Implied Power - they are those essential or necessary to the effective exercise of the powers expressly granted. Like the power to conduct inquiry and investigation in aid of legislation to punish for contempt and to determine the rules of its proceedings.

Inherent Power - powers which are possessed and can be exercised by every government because they exist as an attribute of sovereignty.Principle of Separation of powers

Presidential System - power of the government are divided into 3 classes: Executive, legislative and Judicial.

Parliamentary System - there is a fusion rather that a separation of the two classes: Policy making and Policy Executing. Prime minister is the head of government.

French presidential - parliamentary system-variant of two types of government

Principle of check and balance

Constitutional provisions authorize a considerable amount of encroachment or checking by one department in the affairs of the other.

Section 2: The Senate shall be composed of 24 Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law. Section 3: No person shall be a Senator unless:

He is a natural-born citizen of the Philippines and,

Is at least thirty-five years of age on the day of the election,

able to read and write,

a registered voter,

a resident of the Philippines for not less than two years immediately preceding the day of the election. Section 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 for the full term of which he was elected.

Registered Voter - is one who has all the qualification for a voter and none of the disqualifications provided by law and who has registered himself in the list voters.

Residence - is the place where one has his true permanent home and to which, whenever absent he has the intention of returning.

Section 5: Composition of The House of Representatives:

not more than 250 members, 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,

shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.

The party-list representatives shall constitute 20% 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, 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.

Each legislative district shall comprise, as far as practicable, continuous, 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.

Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.

Section 6: Qualification of member of House of representative:

He is a natural-born citizen of the Philippines

is at least 25 years of age, on the day of the election,

able to read and write, and, except the party-list 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. Section 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. Section 8: Regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May.

Section 9: 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 unexpired term.

Kinds of Election for Members of Congress

Regular Election - held on the 2nd Monday of May.Special Election - may be called incase a vacancy arises in the senate or House of Representative to fill such vacancy in the manner prescribed by law.

Section 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 the Members of the Senate and the House of Representatives approving such increase.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 the Congress is in session.

Freedom from being questioned from any speech or debate in the Congress or in any committee thereof. Section 12: All Members of the Senate and the 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. Section 13: 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 emoluments thereof increased during the term for which he was elected.

Section 14: 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. Section 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.

2 kinds of Sessions:

Regular Session - convene once every year on the fourth Monday of July

Special Session - The President may call a special session at any time. Section 16: The Senate shall elect its President and the House of Representatives its Speaker.

Quorum - a number of the membership of an assembly, or collective body as is competent to transact its business.Ordinarily, a quorum consist of plus 1 of the members of the body.

Rules of Procedure - rules made by any legislative body to regulate the mode and manner of conducting its business.Legislative Journal - defined as the official record of what is done and passed in a legislative assembly.

Section 17: The Senate and the House of Representatives shall each have an Electoral Tribunal.Compositions of Electoral Tribunal:

shall be composed of nine members, 3 of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and 6 shall be Members of the Senate or the House of Representatives, as the case maybe,

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. Section 18: Compositions of Commission on Appointments:President of the Senatetwelve Senatorstwelve Members of the House of Representatives.

Section 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.

Section 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. 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. Section 22: The heads of departments with the consent of the President, 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 session.

Section 23: The Congress, shall have the sole power to declare the existence of a state of war.

In times of war or other national emergency, the Congress may:

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 resolution of the Congress, such powers shall cease upon the next adjournment thereof. Section 24: All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives.

Appropriations bill - the primary and specific aim of which is to make appropriations of money from the public treasury.Kinds of Appropriations:

Annual or General Appropriations - they set aside annual expenses for the general operations of the government.

Special or Supplemental Appropriations - include all appropriations not contained in the budget.

Specific Appropriations - sets aside a named sum of money for the payment of a particular expense

Continuing Appropriations - one w/c provides a definite sum to be always available year to year.

Meaning of other bills:

Revenue bill - primary purpose is to raise revenue

Tariff bill - reference to one imposing custom

Bill authorizing increase of the public debt - one which creates public indebtedness such as a bill providing for the issuance of bonds and other forms of obligations.

Bill of local application - affecting purely local or municipal concerns like one creating a city or municipality or changing its name.

Private bill - affecting purely private interest such as one granting a franchise to a person or corporation or compensation to a person for damages suffered by him by which the government considers itself liable.Section 25: Budget

The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget.

No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein

The procedure in approving appropriations for the Congress shall follow the procedure for approving appropriations for other departments and agency

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.

No law shall be passed authorizing any transfer of appropriations;

Discretionary funds appropriated for particular officials shall be disbursed only for public purposes

If Congress failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.

Budget - financial program of the national government for a designated calendar year.

Section 26: Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

Requirements as to Subject and Title of the Bill

One title, one subject - a proposed law is called a bill.

Purpose of Constitutional requirement:To prevent hodge-podge or log rolling legislation To prevent surprise or fraud upon legislature To fairly appraise the people.Hodge-podge or Log-rolling legislation- (ex. Omnibus bill) refers to any measure containing several subjects on unrelated matters combined together for the purpose of securing the support of members of the legislature.

Steps in the passage of a billFirst reading - any member of either House may present a proposed bill, signed by him for 1st reading and reference to the proper committee.

Referral to appropriate committee - after 1st reading, the bill is referred to the proper committee for study and consideration.

Second reading - if the bill is favored by the committee, it is forwarded to the Committee on Rules.

Debates - general debate is now opened . Amendment may be proposed by any member of Congress.

Printing and distribution - the bill is then ordered in its final formThird reading - only the title of the bill is read on the floor. Nominal voting is held

Referral to the other house - if approved, the bill is passed to the other house where it will take the same procedure.

Submission to joint bicameral committee - differences if any, between the Houses bill and the Senates amended version and vice versa are submitted to a conference committee of members of both Houses.

Submission to the President - a bill approved on the 3rd reading shall be printed and submitted to the president for his approval or disapproval. Either signed or sent back with a veto message from the president.

Section 27: Every bill passed by the Congress shall, before it becomes a law, be presented to the President.

Bill - a draft of a law submitted to the consideration of a legislative body for its adoption.

Statute - written will of the legislature as an organized body expressed according to the form necessary to constitute it into a law of the State, the term act is often used in referring to a statute. - Defined by their serial numbers. (ex. R.A. No. 385)Formal parts of a law:

Title - Announces the subject matter of the act.

Preamble - follows the title and precedes the enacting clause.

Enacting clause - it serves as a formal mean of identifying the legislative body that enacts the law.

Body - portion containing the proposed law or statute itself

Effectivity clause -portion providing for the time when the law shall take effect. A law takes effect in 15 days following the completion of its publication in the official gazette.Veto - a Latin term for I forbid or deny. It is the power vested in the President to disapprove acts passed by the Congress

Purpose of a Veto

To enable the executive department to protect its integrity as an equal branch of the government

To provide a check on hasty, corruptor ill-considered legislation.

Resolutions - defined as a formal expression of opinion, will, or intent by an official body or assembled group.

Kinds of resolution:

Simple - if passed by either House for its exclusive use or purpose

Concurrent - if passed independently in one House and rarified by the other in the same manner as a bill.

Joint - if approved by both House meeting in joint session but voting separately

Section 28: (1) The rule of taxation shall be uniform and equitable.Uniformity in TaxationMeans that all taxable articles or properties of the same class shall be taxed at the same rate.Implies equality in burden, not in amount.

Exemption of certain entities and properties from tax

Test of exemption - covers only property taxes and not other taxes.Note that only those w/c are non profit are exempted from tax.

Section 29: No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, All money collected on any tax levied for a special purpose shall be treated as a special fund.Appropriation - an authorization by law that money maybe paid out of the public treasury.

Section 30: No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence. Section 31: No law granting a title of royalty or nobility shall be enacted.

Section 32: The Congress shall, as early as possible, provide for a system of initiative and referendum.

Initiative - reserved power of the people to directly propose and enact laws at polls called for the purpose independently of Congress or of a local legislative body.

Referendum - the process by which any act or law or part thereof passed by the Congress or by a local legislative body is submitted to the people for their approval or disapproval.

ARTICLE VII: Executive Department

Section 1: The executive power shall be vested in the President of the Philippines. Following the 1935 Charter, sec.1 vests the executive power to one person alone - the President of the Philippines.

Executive power - the power to administer the laws, which means carrying them into practical operation and enforcing their due observance.Section 2: No person may be elected President unless he is a natural-born citizen of the Philippines, Section 3: There shall be a Vice-President who shall have the same qualifications and term of office and be elected with and in the same manner as the President.

He may be removed from office in the same manner as the President.The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.

QUALIFICATIONS OF PRESIDENT AND VICE PRESIDENTNatural born citizen of the PhilippinesA registered voterAble to read and writeAt least 40 years of age on the day of the election for president and Resident of the Philippine for at least ten (10) years immediately preceding such election.

Section 4: The President and the Vice-President shall be:

elected by direct vote of the people.For a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date six years thereafter. The President shall not be eligible for any reelection. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. No Vice-President shall serve for more than two successive terms. "I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God." (In case of affirmation, last sentence will be omitted.)

Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected. Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May.

Section 5: Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation:Section 6: The President shall have an official residence, determined by law.

The salaries of the President as provided by law,