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POLITICAL SCIENCE DEFINED

Political science is the systematic study


of the State and Government.

Greek word polis meaning a city or


sovereign state, the word science
comes from the Latin word scire
meaning to know.
shares common interest with other social
disciplines namely:
- It is a written record of past including
present. It describes social events in time and
place. It records the events chronologically. On
the other hand, the function of political science
is to analyze political institutions, to describe
their workings and organization and to some
extent to forecast their development; while that
of history is to trace the origin and development
of the state and its political institution.
is the scientific study of
mans activity in providing for such human
needs as hunger, shelter, clothing and
education. It deals with mans attempt to
earn a living, with mans activities in
connection with the consumption,
production, distribution and exchange
processes of wealth including taxation. It
is the science of wealth getting and wealth
using activities of man.
The study of sociology
provides a way of understanding
human behavior. It is the social science
that deals with the study of man in his
social interaction with other human
beings in groups. It is also to obtain
factual information about our society
and different aspects of social life.
It is defined as an ordinance of reason
promulgated by a competent authority for the
common good. It includes any edict, decree,
rescript, order, ordinance, statute, resolution, rule,
judicial, decision, usage, etc. which is made or
recognized and enforced by the controlling
authority.
This science deals mainly
with the individual without any
particular reference to his social life.
It studies its soul and faculties free
will and understanding and the
individual conduct which is the
outcome of our mental activity and
human habits.
while the
relation of political science to
philosophy is somewhat remote, the
two studies touch up on each other
in some parts, especially in the realm
of political theory and political
philosophy.
the study of
geography to a certain extent is related to that
of political science. The distinctive functions of
geography is to describe and explain the
relations between man and his natural
environment; to examine and interpret the
adjustments which groups of people have made
to the combinations of natural environment
conditions which exist in the regions where they
live.
CONCEPT OF A STATE
A is a community of persons more or less
numerous, permanently occupying a definite portion
of the territory, independent from outside or external
control and possessing a government wherein a
great body of inhabitants render habitual obedience.
( CIR vs. Rueda, 42 SCRA 23 ).
The state has four essential element; namely:
People

Territory

Government

Sovereignty
ORIGIN OF THE STATE
it holds that the state of divine
creation and the ruler is obtained by GOD to
govern the people. Reference has been
made by advocates of this theory to the laws
which Moses received at Mt. Sinai.
it maintains that
states must have been created through force
by some great warriors who imposed their
will up on the week.
it attributes the
origin of states to the enlargement of the
family, which remained under the
authority of the father or the mother. By
natural stages, the family grew into a clan
, then developed into a tribe which
broadened into a nation becomes a state.
it asserts that
the early states must have been
formed by deliberate and voluntary
compact among the people to form a
society and organize government for
their common good. This theory
justifies the right of the people to
revolt against a bad ruler.
FUNCTIONS OF THE STATE
Constituent only buy way of society and
are, and are those which constitute the
bond of society and are, therefore
compulsory in nature.
Ministrant those undertaken herefore
options of such as public works,
publication, public charity, health and
safety regulations and regulation of trade
and commerce.
STATE DISTINGUISHED FROM NATION

A state is more of a judicial or legal


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

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

it is the power of the state to


regulate individual s rights and property for the
general welfare.
it is
the power of the state to take possession of
private property for public purpose and after
payment of just compensation.
- the power of the state to
enforce proportionate contributions from the
people for support of all government programs
and services.
MODES OF ACQUIRING TERRITORY

a discovery of a particular
portion of the earths surface coupled
with occupation . A discovery without
occupation will not make the discover the
owner thereof.
the continued and
interrupted occupation of a territory for a
long period of time by one state.
it is the process where the land
area of a state caused by the operation of
either the forces of nature, or artificially
through human labor, is increased.
- is a bilateral agreement whereby
one state transfers to another state a
definite portion of its territory by means of
force.
- the acquisition of territory by
means of force.
FORMS OF GOVERNMENT

comes from the Latin


terms It is a form of
government wherein the power or
sovereignty is exercised and or
resides in the people. It may be
classified as pure or representative
democracy.
a form of government
wherein the power is exercised by a
limited few or the so-called elite. It is
always regarded as the privileged
class.
a form of government
wherein the power or sovereignty
is exercised by one person only,
usually a king or a queen. It could
either be absolute or limited
monarchy.
a form of government
wherein the President serves as nominal
or titular head. It is the Prime Minister
that runs the affairs of the State. He is
directly accountable to the people. Under
this system the ministry is legally
responsible to legislature and
consequently to the electorate.
a form of government
wherein the President is the chief
executive of the state and
independent of the legislature with
respect to his tenure .acts and
policies.
a form of government where the
power of the state is divided into two
namely: national for national affairs and
local for local affairs. Each organ is
independent in its own sphere.
a form of government established
and controlled by military authorities over
a beleaguered state.
a form of
government wherein the State is
obtained by means of force.
a form of government that is founded on
existing legal or constitutional basis
a form of government that is not
founded on constitutional law .It exist in fact but
not in law.
a form of government that is run by elected
civilian officials
STATE DISTINGUISHED FROM GOVERNMENT

Many regard these two terms as identical. It is


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

Legally, the government is the agent through


which the will of the state is carried out. The
state cannot exist without the government but
it is possible to have a government without a
state.
CONCEPT OF CONSTITUTION

According to Judge Cooley, a constitution


is a body of rules and maxims in
accordance with which the power of
sovereignty is habitually exercised.
PURPOSE OR FUNCTION OF CONSTITUTION

To prescribe the permanent framework of the


system of government assigned to the different
departments their respective powers and
duties, and established certain fixed first
principles on which the government is founded
and
To promote public welfare, which involves the
safety, prosperity, health, and happiness of the
people.
KINDS OF CONSTITUTION
is one, the provisions of which
have been reduced to writing and embodied in one
or more instruments at a particular time. Example:
Philippine and U.S Constitutions
is one which has not been
committed to writing at any specific time but is the
collective product and accumulation of customary
rules, judicial decisions, dicta of statements and
legislative enactments of fundamental character
written but scattered in various records without
having any compact form in writing.
REQUISITES OF A GOOD WRITTEN
CONSTITUTION
because it must outline an
organization of the government for the
whole State.
because its nature requires that
only its great outlines should be marked.
Its important objects designated and the
ingredients which compose those objects
be reduced.
TWO STEPS AMENDING OR REVISING A
CONSTITUTION
may be made by
Congress

Constitutional Convention

Peoples initiative

which means the submission of


the draft constitution to the electorate. A
proposal made by the peoples initiative
requires at least 12% of the entire electorate
and 3% must come from every legislative
district.
PREAMBLE

The term preamble comes from the Latin


word preambulare which means to
walk before. Strictly speaking, preamble
is not an integral part of the Constitution.
Its true office is to expound on the scope
and nature, the extent and application of
the powers actually conferred by the
constitution. (Watson, Const.Vol I p.92)
ARTICLE 1: NATIONAL TERRITORY
The national territory comprises the
Philippine archipelago, with all the islands and
waters embraced therein, all other territories over
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and
aerial domains, including its territorial sea, the
seabed, the subsoil the insular shelves, and other
submarine areas. The waters around, between,
and connecting the island of the archipelago,
regardless of their breadth and dimensions, from
the internal waters of the Philippines.
The United Nations International Convention
in Geneva defined the five kinds of water in
relation to the territorial jurisdiction of an
archipelago state:
the water around connecting
and those that are in between the islands
regardless of their breadth and dimensions.
Territorial Sea is a belt of water outside of the
archipelagic baselines and adjacent to the
archipelagic waters. The archipelagic state has a
right to establish the breadth of its territorial sea,
not exceeding 12 nautical miles measured from the
baselines. The archipelagic state has sovereignty
over the territorial sea, the air space above it, and
the bed and subsoil of such sea.
The Philippine Territorial Jurisdiction
comprises:
jurisdiction over bodies of
land
- jurisdiction over maritime and
interior waters
jurisdiction over atmosphere
beyond the territorial
sea, may extend to not more than 24
nautical miles from the archipelagic
baselines. The state may exercise, in the
contiguous zone, the control necessary
to prevent and punish infringements of
its customs, fiscal, immigration or
sanitary laws and regulations within the
territory or territorial sea.
which beyond
and adjacent to the territorial sea, may
not extend more than 200 nautical miles
from the archipelagic baselines. The
archipelagic State has sovereign rights in
the EEZ to explore, manage and exploit
all the natural resources living and non-
living in the waters, the sea bed and
subsoil.
is the seabed and
subsoil of the submarine areas that extend
beyond its territorial sea throughout the
natural prolongation of its territory to the
outer
is the land holding the sea
beyond the seashore
is the soil below the surface
soil including mineral and natural
resources
are relatively
shallow beds of sea bottom bordering
the land mass, the outer edges of
which sink considerably until the
great ocean depths are reached.
THE NEW LAW ON THE SEA
The Convention on the Law of the Sea (
under the sponsorship of the United
Nations) signed in Jamaica on December
10, 1982 fixes a 12 mile territorial sea
limit and establishes an economic zone
from the baselines. It adopts and
recognizes the archipelagic principle but
set forth limitations thereon consisting of
respect for
.right of the ships of other states to
pass though the territorial sea as well
as archipelagic waters and respect for
rights of innocent passage and
passage through archipelagic sea
lanes subject to the promulgation by
local authorities by pertinent rules
and regulations.
ARTICLE II
DECLARATION OF PRINCIPLES AND POLICIES

. The Philippines is a
democratic and republican state.
Sovereignty resides in the people
and all government authority
emanates from them.
. The Philippines renounces
war as the instrument of national
policy, adopts the generally accepted
principles of international law of the
land and adheres to the policy of
peace, equality, justice, freedom,
cooperation and amity wit all
nations.
A republican government is a democratic
government by representatives chosen by the
people at large. The essence therefore, of a
republican state is indirect rule. The people
have established the government to govern
them. Its officers from the highest to the
lowest servants of the people and not their
masters. They can only exercise powers
delegated to them by the people who remain
as the ultimate source of political power and
authority.
Renunciation of war as an instrument of national policy is the
first aspect of the declaration. Its accordance with the
principle in the United Nations Charter binding all members
to refrain in the international relations or use of force
against territorial integrity or political independence of any
state. The declaration refers only to the declaration of the
Philippines of aggressive war, not in defense of her national
honor and integrity.
Civil authority is, at all
times, supreme over the military. The
armed Forces of the Philippines is
the protector of the people and the
State. Its goal is to secure the
sovereignty of the State and in the
integrity of the national territory.
The idea of the supremacy of the civilian
authority, the highest of such authority being the
president, over the military has always been
recognized in our jurisdiction by implication from
express provision of the 1935 Constitution and
by practice.
The separation of the State shall be inviolable.
The principle of the separation of the Church and the
State being inviolable is implied from the constitutional
prohibitions that no law shall be made respecting an
establishment of religion and that no public money or
property shall be appropriated, applied, paid or
employed, directly or indirectly, for use, benefit, or
support of any sect, church domination, sectarian
institution or system of religion.
ARTICLE III
BILL OF RIGHTS

-defined as a declaration and


enumeration of a persons rights and
privileges, which the Constitution
designed to protect against violations
by the government or by an individual
or group of individuals.
CLASSES OF RIGHTS
1. possessed by every citizen
confused upon him by God as a human
being. Example: right to life, right to love.
2. rights conferred and
protected by the constitution, part of the
fundamental law cannot be modified or
taken away by the law making body.
3. it is provided by laws
promulgated by the law making body. It can
be abolished by the same body
CLASSES OF CONSTITUTIONAL RIGHTS
1. right which the law
enforces to private individual for the
purposes of security to them the
enjoyment of their means of
happiness.
2. right of the citizen to
participate directly or indirectly in the
establishment of or administration of
the government.
3. it is
intended to insure the well being and
economic security of the individual.
4. intended to
protect persons accused of any crime.
They are the (civil) rights intended for
the protection of a person accused of
any crime. Example, right against self
incrimination, right to have legal
counsel.
Concept: Due process of law is law, which hears
before it condemns and proceeds upon inquiry before
rendering judgment. Under the constitution a person
may be deprived by the state of his life, liberty, or
property provided due process of law is observed.

1. Procedural due process of law


2. Substantive due process of law
Section 2. The right of the people to be secure
in their persons, houses, papers and effects
against unreasonable searches and seizures
of whatever nature and for any purpose shall
be inviolable and no warrant shall issue
except upon probable cause to determined
personally by the judge after examination
under oath or affirmation of the complaint
and the witnesses he may produced, and
particularly describing the place to be
searched and the persons or things to be
seized.
is an order in writing, issued in the name of the
people of the Philippines, signed by a judge,
directed to the police officer, commanding him
to search for personal property and to bring it
before the court

is an order in writing, issued in the name of the


people of the Philippines signed by a judge,
directed to the police officer, commanding him
to arrest a person, that he may be bound to
answer for the offense committed
REQUISITES FOR VALID SEARCH WARRANT
OF ARREST
1. Probable Cause
2. To be determine personally by the judge
3. After examination under oath or
affirmation of the complaint and his
witnesses
4. Particularly describing the place to be
search and the persons or things to be
sized
RULES IN THE CONDUCT OF ARREST
1. When in the presence of the arresting
officer, the person to be arrested has
committed, is actually committing or is
about to commit an offense.
2. When an offense has in fact just been
committed and he has personal knowledge
of facts indicating that the person to be
arrested has committed it; &
When the person to be arrested is a
prisoner who has escape from a
penal establishment or place where
he is serving final judgment or
temporarily confined while his case is
pending or has escape while being
transferred form one confinement to
another.
SECTION 3:
Theprivacy of communication and
correspondence shall be inviolable
except upon lawful order of the court, or
when public safety or order requires
otherwise as prescribed by law
Section 3
1. Right to privacy of the
communication
2. Any evidence obtained in violation
of this or the proceeding section
shall be inadmissible for any
purpose in any proceeding.
Right to privacy is concisely defined as the
right to be left alone. It has also been
defined, as the right of a person to be free
from unwarranted interference by the public
in matters which the public is not
necessarily concerned.
Private Property shall not be taken for
public use without just compensation.
is power of the state to
take private property for public purpose
upon payment of just compensation to its
owner.
is the fair market value
of the property at the time of the taking.
Rights of the Accused in
Criminal Cases
1. To adequate legal assistance
2. To be informed in his right to remain
silent
3. Right against the use of torture,
violence or any other means which
vitiates the free will
4. To bail and against the excessive bail
5. To be heard himself and counsel
6. To be informed of the nature and cause of
the accusation against him
7. To have speedy, impartial and public trail
8. To meet the witness face to face
9. Right against self incrimination
10. Right against double jeopardy
Section 21. No expost facto law
or bill of attainder shall be
enacted
An expost facto law is one which operating
retrospectively makes an act done before that
passage of the law and punish such act,
aggravates a crime or makes it greater that it
was committed, changes the punishment and
inflicts greater punishment and alters the legal
rules of evidence and receives less testimony
than the law required at the time of commission
of the offenses, in order to convict the offender.
A bill of attainder is legislative act, which inflicts
punishment without a judicial trail.
ARTICLE IV
CITIZENSHIP
Section 1. The following are the citizens of the
Philippines:
1. Those who are citizens of the Philippines at
the time of the adoption of this constitution;
2. Those whose fathers or mothers are citizens
of the Philippines;
3. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority; and
4. Those who are naturalized in accordance
with the law
MEANING OF CITIZENSHIP
1. Citizenship is a term denoting membership
of a citizen in political society, which
membership implies, reciprocally, a duty of
allegiance on the part of the member an
duty of protection on the part of the state.
GENERAL WAYS OF ACQUIRING
CITIZENSHIP
1. by birth, because
blood of relationship or place of birth;
2. by naturalization,
except in case of collective
naturalization of the inhabitants of a
territory which takes place when it is
ceded by one to another as a result of
conquest or treaty.
CITIZENS BY BIRTH
There are two principles or rules that govern
citizenship by birth, namely;

1. relationship by blood is the basis of


the acquisition of citizenship under this rule. The
children follow the citizenship of both of the parents
or one of them. This is the predominating principle
in then Philippines.
place of birth as the
basis for acquiring citizenship under this
rule. A person becomes a citizen of the state
where he or she is born irrespective of the
citizen of the parents. This principle prevails
in the United States.
WAYS OF ACQUIRING CITIZENSHIP THROUGH
NATURALIZATION
1. By the judgment of the court the foreigner who
wants to become a Filipino citizen must first apply
for naturalization with the proper Regional Trial
Court. He must have all the qualifications and none
of the qualifications provided by law, and must
comply with all the procedure and conditions
prescribed.
By direct act of Congress in this
case, our law making body simply
enacts an act directly conferring
citizenship on a foreigner.
ARTICLE V
SUFFRAGE
Section 1. Suffrage may be exercised by all
citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen
years of age, and who shall have resided in the
Philippines for at least one year and in the
place wherein they proposed to vote for at least
six months immediately proceeding the
election. No literacy, property, or other
substantive requirement shall imposed on the
exercise of suffrage.
MEANING OF SUFFRAGE

Suffrage is the right and obligation


to vote of qualified citizens in the
election of certain of national and
local officers of the government
and in the decision of public
questions submitted to the people.
NATURE OF SUFFRAGE
1. A suffrage is not a natural
rights of the citizens but merely privilege
given or withheld by the law making power
subject to constitutional limitation.
2. A in the sense of the right
conferred by the constitution, suffrage is
classified as a political right, enabling every
citizen to participate in the process of
government to assure that it derives its
powers form the consent of the governed. The
principle is that of one man, one vote. (supra)
SCOPE OF SUFFRAGE
1. it is a means by which the
people choose their officials for definite
and fixed periods and to whom they
entrust, for the time as Election- their
representatives, the exercise of powers
of government;
2. it is the name given to a vote
of the people expressing their choice for
or against a proposed law or enactment
submitted to them.
3. it is the submission of a law or
part thereof passed by the national or local
legislative body to the voting citizens of a
country for their ratification or rejection.
4. it is the process whereby the
people directly propose and enact laws.
5. it is the method by which a public
officer maybe removed form 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.
QUALIFICATION OF VOTERS
He must be:
1. A citizen (male or female) of the
Philippines;
2. Not otherwise disqualified by the law;

3. At least eighteen (18) years of age; and

4. Have resided in the Philippines for at


least six (6) months preceding the
election.
Section 2. The Congress shall provide a
system for securing the secrecy and sanctity of
the ballot as well as a system for absentee
voting by qualified Filipinos abroad.

The congress shall also design a procedure


for the disabled and the illiterates to vote
without the assistance of other persons.
Until then, they shall be allowed to vote
under existing laws and such rules as the
Commission on Elections may
promulgate to protect the secrecy of the
ballot.
ARTICLE VI
LEGISLATIVE DEPARTMENT
the authority under the
Constitution to make laws and to later and
repeat them.
refers to statutes, which are the
written enactments of the legislative
governing the relations of the people
among themselves and between them
and the government and its agencies.
CLASSIFICATION OF POWERS OF CONGRESS

1. power
to enact laws intended as rules of
conduct to govern the relations
among individuals and the state.
2. powers which the Constitution
expressly directs or authorizes Congress to
exercise like the power to choose who shall
become the President in case two or more
candidates have an equal and highest number
of votes, to confirm certain appointments by
the President, to promote social justice, to
declare the existence of a state of war, to
impose taxes, to impeach, to act as a
constituent assembly.
3. those essential or
necessary to the effective exercise of
the powers expressly granted, like the
power to conduct inquiry and
investigation in aid of legislation, to
punish for contempt, to determine the
rules of its proceedings.
4. powers which are
possessed and can be exercised by
every government because they exist as
an attribute of sovereignty.
THE SENATE
it is composed
of 24 senators who are elected at large
by qualified voters, as may be provided
by law.
six (6) years
QUALIFICATION OF A SENATOR
A natural born citizen of the Philippines
At least 35 years of age on the date of the
election day
Able to read and write
A registered voter
A resident of the Philippines for not less
than two (2) years immediately proceeding
the election day
a Senator is
disqualified to serve for more than
two consecutive terms but can still
run for reelection after a break or
interval.
one who has all
the qualifications for a voter and
none of the disqualifications
provided by law and who has
registered himself in the list of
voters.
the place where one
has his true permanent home and
to which, whenever, absent, he
has the intention of returning.
THE HOUSE OF REPRESENTATIVES

composed of not more than 250


members popularly known as
Congressmen; elected from legislative
or congressional districts and through
party-list system.
three (3) years
a representative must be :
-A natural born citizen of the Philippines
-At least 25 years of age on the election day
-Able to read and write
-Except for party-list representative, a
registered voter
-A resident thereof for a period of not less
than one (1) year preceding the election
day
COMPOSITIONS, ELECTION/SELECTION
AND CLASSIFICATION OF MEMBERS

1. The Constitution limits to 250 the


maximum numbers of members
the House of Representatives
may have.
2.The House of Representatives shall be
elected from legislative districts and
through party-list system of registered
national, regional and sectoral parties or
organizations. The party-list
representatives shall constitute the 20%
of the number of representatives in the
Lower House,.
3. The members of the House of
Representatives may be classified
into district, party-list, and sectoral
representatives.
1. Regular Election
2. Special Election

Php 160,000.00-Php 180,000.00


annually. Any increase of their salary
can effect only after the expiration of
full-term of the members approving
such increase.
STEPS IN PASSAGE OF THE BILL

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

. The executive power shall be


vested in the President of the
Philippines.

define as the power to


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

1. Natural born citizen of the


Philippines
2. Registered voter
3. Able to read and write
4. At least 40 years of age
5. Resident of the Philippines for at
least 10 years
. There shall be vice-president who shall
have the same qualifications and term of
office and be elected with and in the same
manner as the president.

1. A president seeking a second term is


vulnerable to constant political pressure from
those whose support he must preserve has to
devote his time and energy to consolidate this
political support.
2. A president who seeks a second term is under
terrific handicap in the performance of his
function.
3. A president seeking re-election will
even use public funds for the purpose even
to the extent of making the government
bankrupt.
4. The prohibition also widens the base
leadership.
5. The ban will put an end or at least hamper
the establishment of political dynasties.
6. The six year term will give the president a
reasonable time within which implement
his plans and programs of government.
7. A term, no matter how long, is short for a
good president.
POWERS OF THE PRESIDENT

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

The judicial power shall


be vested in one Supreme Court
and in such lower courts as may be
established by law.

Judicial power is the power to apply the
law to contests and disputes concerning
legally recognized rights or duties
between the state and private person or
between individual litigants in case
properly brought before the judicial
tribunal.
SCOPE OF JUDICIAL POWER

1.

a. to settle actual controversies involving rights


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

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

It is composed of a chairman and two


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

1. They must be natural-born citizens of


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

It is composed of a chairman and two


Commissioners. It is designed to make it
more resistant to pressures from legislative
and executive branches and other offices of
the Government.
QUALIFICATIONS OF MEMBERS
1. They must be natural-born citizens of the
Philippines.
2. They must be at least thirty-five years of age
at the time of election.
3. They must be certified public accountants
with not less than ten years of experience.
4. They must not have been candidates for any
elective position in the elections preceding
their appointment.
ARTICLE X
LOCAL GOVERNMENT

Section 1. The territorial and political subdivision


of the Republic of the Philippines in the provinces,
cities, municipalities, and barangays. There shall
be autonomous regions in Muslim Mindanao and
the Cordilleras as hereinafter provided.
LOCAL GOVERNMENT

Local government refers to a political


subdivisions of a nation or state is
constituted by law and have substantial
control of local affairs with officials elected
or otherwise locally selected.
LOCAL GOVERNMENT UNITS

1. Province
2. City
3. Municipality
4. Barangay
5. Autonomous regions
these units are also called the political
subdivisions of the country.
POWERS OF LOCAL GOVERNMENTS

1. To have continuous succession in its


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

1. It is a public trust because it


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

Impeachment has been defined as a


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

1. The president and the vice president


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

1. Culpable violation of the constitution


2. Treason
Ex: a Filipino imposes war in the
Philippine and Comforting the enemies
in the country
3. Bribery. Either direct or indirect
bribery
4. Graft and corruption
5. Other high crimes
6. Betrayal of public trust new
ground for impeachment.
SECTION 3. INITIATING AND TRIAL FOR
IMPEACHMENT
House of Representatives have the
sole power to initiate all cases of
impeachment. The senate has the
sole power to try all cases of
impeachment.
PROCEDURE IN IMPEACHMENT
CASES
1. Filing of verified compliant in the
House of Representative
2. Trial by the Senate
The members of are required to be
under oath or affirmation
3. Requirements for conviction
To convict an officer, at least 2/3 of all members
of Senate agreeing are necessary
The only penalty to imposed in an officer is
limited to removal from office and
disqualification to hold any office under the
Republic of the Philippines. If a criminal
offenses has been committed, the party
convicted is still liable to prosecution, trial
and punishment.
The power of the president to grant
reprieves, commutations and pardons does
not extend to cases of impeachment.
Section 4. Anti Graft known as

The was a special


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

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

1. Legal capacity of the contracting parties


2. Consent Freely Given
3. Authority of the solemnizing officer
4. Marriage License
5. Public Ceremony

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