Answer the following

questions briefly: (5 pts. each)

 As a student, how can you contribute to the
general welfare and the betterment of life of
other people.
 What are the three components of NSTP and
explain the objective of each component.
 The Philippine
Constitution and
Government
WHAT IS A GOVERNMENT?

 It is the organization or agency through which

the state expresses and enforces its will.
 It is the organization that directs or controls
the affairs of the state.
What kind of government does
the Philippines have?

 Our Constitution requires our

government to be democratic and
republican.
Section 1, Art II. The Philippines is a
democratic and republican State.
Sovereignty resides in the people and all
government authority emanates from
them.
 What does it mean to be
Democratic but Republican?

REPUBLICAN
 It is one wherein all government
authority emanates from the people and
is exercised by representatives chosen
by the people.
DEMOCRATIC
 This emphasizes that the Philippines
has some aspects of direct democracy
such as initiative and referendum.
What is a Constitution?
 It is the fundamental, paramount, and
supreme law of the nation.
 It is a social contract that binds, by its
terms and conditions, the people and
their government in a civil society.
Development of the Philippine
Constitution
First Philippine
Malolos Constitution
Constitution

Commonwealth
1935 Constitution Constitution

1973 Constitution Bagong Lipunan

Freedom
1987 Constitution Constitution
Why do we need Constitution?
 To define the organization of the government.
 To determine the distribution of government
powers.
 To establish principles governing the
operation of the government.
 To define the rights of individual citizens.
 To hold the state together.
What are the divisions of our
present Constitution?
 Preamble
 Organization of the Nation and State
 Bill of Rights
 Organization of the Government
 Provisions for amendments and transition.
What is the Preamble?
 Derived from the Latin word “preambulare”
which means “to walk before”.
 It is the prologue of the Constitution and
introduces its’ origin and purpose.
 Preamble

We, the sovereign Filipino people, imploring the aid

of Almighty God, in order to build a just and humane
society and establish a Government that shall
embody our ideals and aspirations, promote the
common good, conserve and develop our
patrimony, and secure to ourselves and our posterity
the blessings of independence and democracy
under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and
promulgate this Constitution.
According to the Preamble:
 Who is the author of the Constitution?
- xxx the Filipino people
 What is the purpose of the Constitution?
- “xxx to build a just and humane society and establish a
Government that shall embody our ideals and aspirations,
promote the common good, xxx under the rule of law and a
regime of truth, justice, freedom, love, equality, and peace,
xxx”
What kind of country is the Philippines
according to our present Constitution?

 “xxx a democratic and republican State.

Sovereignty resides in the people …. “ Art. II Sec. 1
 “xxx renounces war as an instrument of national
policy….” Art. II Sec. 2
 “Civilian authority is, at all times, supreme over the
military.” Art. II Sec. 3
 “The prime duty of the Government is to serve and
protect the people.” Art. II Sec. 4.
 “xxx separation of Church and State….” Art. II Sec
6.
What is the Bill of Rights?
 It is the declaration of the individual rights
which the Constitution is designed to protect.
What are the rights of the people
according to our constitution?
 Right to life – to live free from unjustifiable
control
 Right to liberty – to choose one’s mode of
living.
 Right to property – to own, use, transmit or
destroy one’s property.
 Right to privacy – to be free from
unwarranted publicity.
What are the rights of the people
according to our constitution?
 Freedom of speech – to express one’s
feelings.
 Freedom of religion – to worship God and
practice his own religion.
What is the right to life?
 The right to life is the right to GOOD life. The
emphasis on the quality of living is found in
Article II where Sec. 6 commands the State
to promote a life of “dignity” and where Sec 7
guarantees “a descent standard of living.”
What is the right to property?
 Property includes all kinds of property found
in the Civil Code. It also includes the right to
work and the right to earn a living.
 The strength of democracy lies not in the rights it
guarantees but in the courage of the people to
invoke them whenever they are ignored or
violated. Rights are but weapons on the wall if,
xxx all they do is embellish and impress. Rights,
as weapons, must be a promise of protection.
They become truly meaningful, and fulfill the role
assigned to them in the free society, if they are
kept bright and sharp with use by those who are
not afraid to assert them.
KUNG WALANG
MAREREKLAMO, WALANG
MABIBISTO.
Answer the following
questions (1/2 crosswise)
 Explain why is democracy considered both a
gift and a curse.
 Explain the statement, “Rights are like
weapons not meant to be displayed but used
and sharpen”.
Due Process
“No person shall be deprived of life , liberty, or
property without due process of law, nor shall
any person be denied the equal protection of
the laws.”

Article III, Sec 1 of 1987 Constitution

 Due process has two aspects:
1. Procedural which requires the
observance of prescribed methods.
2. Substantive which guarantees that the
person conducting the trial has
acquired proper jurisdiction.
• It requires the intrinsic validity of the law in
interfering with the rights of the person to
his life, liberty or property.
 Due process of law contemplates notice and
opportunity to be heard before judgment is
rendered, affecting one’s person and
property.
(Daniel Webster, Dartmouth College case)
EVELYN CHUA-QUA, vs. TAY TUNG HIGH
SCHOOL, INC., G.R. No. 49549 August 30,
1990

 Tay Tung High School, Inc. is an educational

institution in Bacolod City. Petitioner had
been employed therein as a teacher since
1963 and in 1976, the class adviser of Bobby
Qua. In the course thereof, the couple fell in
love and on December 24, 1975, they got
married in a civil ceremony.
 In February 4, 1976, the school terminated
the employment of the petitioner on the
grounds of “abusive and unethical conduct
unbecoming of a dignified school teacher ….“
As a result thereof, the petitioner was placed
under suspension without pay. Petitioner
contended that there was nothing immoral,
for a teacher to enter into lawful wedlock with
her student.
ISSUE:
 Whether or not the marriage between
petitioner (a teacher) and her student
constitute immorality and/or grave
misconduct.
RULING:
 The Supreme Court ruled that there is no
substantial evidence of the imputed immoral
acts. It follows that the alleged violation of
the Code of Ethics governing school teachers
would have no basis. The deviation of the
circumstances of their marriage from the
usual societal pattern cannot be considered
as a defiance of contemporary social mores.
 PENALTY imposed without DUE PROCESS is
INVALID.
Cardinal Primary Rights
(Ang Tibay vs. CIR)
REQUIREMENTS
1. Notice
2. Opportunity to be heard
3. Access to evidence against him
4. Right to cross examine evidence
5. Appropriate tribunal constituted as to afford a
person charged honesty and impartiality.
(Fabella vs. CA)
However, Disciplinary case in school is not
subject to rigorous requirements of criminal due
process particularly with respect to specification
of the charge involved.

In ADMU vs. CAPULONG (G.R. No. 99327 May

27, 1993) “cases involving students need not
necessarily include the right to cross
examination.
In Diosdado Guzman vs. NU (L-68288, July 11, 1986
142 SCRA 699), The SC dictated the minimum
requirements of DUE PROCESS

(1) the students must be informed in writing of the

nature and cause of any accusation against them;
(2) that they shall have the right to answer the
charges against them with the assistance of
counsel, if desired:
(3) they shall be informed of the evidence against
them;
(4) they shall have the right to adduce evidence in
their own behalf; and
(5) the evidence must be duly considered by the
investigating committee or official designated by
the school authorities to hear and decide the case.
MIRIAM COLLEGE FOUNDATION, INC.vs.
HON. COURT OF APPEALS, (G.R. No.
127930, December 15, 2000)

 College Students of Immaculate College published a

short story and poems in the school newspaper. In
the poem “Virgin Writes Erotic”, the last verse said:
“At zenith I pull it out and find myself alone in this
fantasy.” The school administrator considered it as
obscene and sexually explicit publication. The
students were either suspended or dismissed from
school. They, however, argued that under RA 7079
(Development and Promotion of School Journalism) a
student cannot be penalized solely because of an
article written in a student publication. Was the
contention of students valid?
 NO. The school not only has the right but the duty to
develop discipline in its students. The Constitution no
less imposes such duty. All educational institutions shall
xxx develop moral character and personal
discipline. (Art. XIV Sec. 3 (1-2). “The right of the
students to free speech in school premises, xxxx, is not
absolute xxxx in light of the special characteristics of the
school environment. The power of the school to
investigate is an adjunct of its power to suspend or
expel. xxx is an inherent part of the academic freedom
of institutions of higher learning guaranteed by the
Constitution xxx and has the authority to hear and
decide the cases filed against respondent students.