Ge 2

The Supreme Court and other Inferior Courts

Court of Appeals, Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts, Circuit Trial Courts, Shari'a District Courts and Shari'a Circuit Courts

Initiative

It is whereby the people directly propose and enact laws. The Constitution mandates the Congress to provide as early possible a system of initiative and referendum. A. Initiative C. General Elections B. Plebiscite D. Recall

President Marcos

declared Martial Law in 1972, enabling him to essentially wipe out the landlord dominated Congress. Through his "technocrats", he was able to expand executive power to start a "fundamental restructuring" of government, including its efforts in solving the deep structural problems of the countryside.

Agrarian Reform

is essentially the rectification of the whole system of agriculture, an important aspect of the Philippine economy because nearly half of the population is employed in the agrarian sector, and most citizens live in rural areas.

Protective services

maintenance of defense, peace, and order, enforcement of laws, protection of life, property and liberty, protection of labor, working men and tenants.

Effect of Marriage

marriage is no longer a ground to lose Philippine citizenship Alien married to Filipino - An alien woman married to a Filipino, becomes automatically a Filipino citizen, if she has all the qualifications and non of the disqualifications to become a Filipino. The proper procedure of acquiring of citizenship by marriage, is not through judicial proceeding for naturalization but merely administrative proceeding for "cancellation of her alien certificate of registration."

civil service

refers to any service for the defense of the State other than millitary such as being a worker in a munitions factory or a laborer in an airfield/ dockyard

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.

Native born citizens

those citizens of the Philippines born in the Philippines. Domestically, the term is applied to the cultural communities (Badjao, Aetas, etc.)

Power of Judicial

to pass upon the validity or constitutionality of the law of the state and the acts of the other departments of the government to interpret them and to render binding judgments

Conventional or enacted

- One which is enacted by a constituent assembly or granted by a monarch to his subjects like the Constitution of Japan in 1889; and

Divine right theory

It holds that the state is of divine creation and the ruler is ordained by God to govern the people. Reference has been made by advocates of this theory to the laws which Moses received at Mount Sinai

Government

It refers to the agency through which the will of the state is formulated, expressed and carried out.

internal

internal or the power of the state to rule within its territory

nation

is a group of people bound together by certain characteristics such as common social origin, language, customs and, traditions, and who belive that they are one and distinct from others.

Absolute Monarchy

one in which the ruler rules by divine right.

external

or the freedom of the state to carry out its activities without subjection to or control by other states. is often referred to as independence.

Philippine Bill of 1902

provided regulations on the disposal of public lands.

July 22 1987

, Aquino issued Presidential Proclamation 131 and Executive Order 229, which outlined her land reform program.

Public Law

- The (a) organization of governments, (b) the limitations upon government authority, (c) the powers and duties of governmental offices and officers, and (d) the obligations of one state to another are handled in the study of public law.

Political Theory

- The entire body of doctrines relating to the origin, form, behavior, and purposes of the state are dealt with in the study of this subject.

Two Chief Executives

- one of them is the Titular head, or the Ceremonial head of the state called Monarch or King or Queen or President who acquires his office by direct or indirect vote of the electorate. The other is the Real Head of the government called Prime Minister. The Prime Minister exercises "real" powers of government while the monarch exercises ceremonial powers.

STATE DISTINGUISHED FROM NATION

1) The state is a political concept, while nation is an ethnic concept. A nation is a group of people bound together by certain characteristics such as common social origin, language, customs and, traditions, and who belive that they are one and distinct from others. 2) A state is not subject to external control while a nation may or may not be independent of external control; and 3) A single state may consist of one or more nations or peoples and conversely, a single nation may be made up of several states. The United States is a melting pot of several nationalities. On the other hand, the Arab nation is divided politically into several sovereign states. Among them are: Egypt, Saudi Arabia, Jordan, Syria, Lebanon, and others. The Philippines is a state composed of one nation.

On February 8, 1935,

Approval on __________ by the convention by a vote of 177 to 1 of the constitution.

May 5, 1934

Approval on________ by the Philippine Legislature of a bill calling a constitutional convention as provided for in the Independence Law

people, territory, government, sovereignty

Elements of State

Fusion of Powers , Two Chief Executives, Presidential

Features of Parliamentary Government

Separation of Powers, No Nominal Head of State, Cabinet Secretaries, Checks and Balances

Features of Presidential Government

Advancement of public welfare

Government exists and should continue to exist for the benefit of the people governed. It is necessary for the protection of society and its members, the security of persons and property, the administration of justice, the preservation of the state from external danger, dealings of the state with foreign powers and the advancement of the physical, economic, social, and cultural well-being of the people.

The Pre-Spanish Government, The Spanish Period, The Revolutionary Era, The American Regime, The Japanese Occupation, The Philippine Republic, The Provisional Government of 1986

HISTORICAL DEVELOPMENT OF THE PHILIPPINE GOVERNMENT

Police power, Power of the Eminent Domain, Power of Taxation

INHERENT POWERS OF THE STATE

Republic Act No. 6657 or the Comprehensive Agrarian Reform Law (CARL), Comprehensive Agrarian Reform Program or CARP

In 1988, Congress passed this bill It enabled the redistribution of agricultural lands to tenant-farmers from landowners, who were paid in exchange by the government through just compensation and allowed them to retain not more than five hectares. Was limited because it accomplished very little during the administration of Aquino. It only accomplished 22.5% of land distribution in six years owing to the fact that Congress, dominated by the landed elite, was unwilling to fund the high compensation costs of the program. .

President Arroyo

In 2009, _______ signed Republic Act No. 9700 or the Comprehensive Agrarian Reform Program Extension with Reforms (CARPER), the amendatory law that extended the deadline to five more years. CARPER has distributed a total of 1 million hecteres of land to 900,000 farmer beneficiaries. After 27 years of land reform and two Aquino administrations, 500,000 hectares of lands remain un distributed. The DAR and the Department of Environment and Natural Resources (DENR) are the government agencies mandated to fulfill CARP and CARPER, but even combined effort and resources of the two agencies have provided incapable of fully achieving the goal of agrarian reform in the Philippines.

Landownership under the spaniards

In the 1860's, Spain enacted a law ordering landowners to register their landholdings. •Lands were claimed and registered in other people's names, and many peasant families who were "assigned" to the land in the earlier days of colonization were driven out or forced to come under the power of these people who claimed rights to the land because they held a title

Social contract theory

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 people to revolt against a bad ruler.

Paternalistic theory

It attributes to the origin of states to the enlargement of the family which remained under the authority of the father or mother. By natural stages, the family grew into a clan, then developed into a tribe which broadened into a nation, and the nation became a state

Territory

It includes not only the fixed portion of land over which the jurisdiction of the state extends territorial domain), but also the rivers and lakes therein, a certain area of the sea (fluvial and maritime domain) and the air space above the land and the waters (aerial domain).

Consequence of absence

It is obvious that without an organized structure of government, anarchy and disorder, and a general feeling of fear and insecurity will prevail in society, progress and development will not be possible, and values taken for granted in a free modern society such as truth, freedom, justice, equality, rule of law, and human dignity can never be enjoyed.

Necessity or force theory

It maintains that states must have been created through force, by some great warriors who imposed their will upon the weak;

Establishes basic framework and underlying principles of government

It prescribes the permanent framework to the different departments or government and to assign to the different departments or branches, their respective powers and duties, and to establish certain basic principles on which the government is founded.

Conventional or enacted, Cumulative or evolved ,Written, Unwritten, Rigid or inelastic, ) Flexible or elastic

KINDS OF CONSTITUTION

Landownership in the Philippines under the Americans

Landownership did not improve during the American period because there was no limit to the size of landholdings people could possess and the accessibility of possession was limited to those who could afford to buy, register, and acquire fixed property titles. •The land reform program was also implemented without support mechanisms. •The system introduced by the Americans enabled more lands to be placed under tenancy, which led to widespread peasant uprising. •During the years of the Commonwealth government, the situation further worsened as peasant uprisings increased an

Cumulative or evolved

Like the English Constitution, one which is the product of a growth or a long period of development originating in customs, traditions, judicial decisions, etc., rather than from a deliberate and formal enactment.

Proclamation No. 1081

On September 21, 1972, the President of the Philippines issued

Rigid or inelastic

One regarded as a document of special sanctity which cannot be amended or altered except by some special machinery more cumbrous than the ordinary legislative process

Written

One which has been given definite written form at a particular time, usually by a specially constituted authority called a "constitutional convention"

Unwritten

One which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing different dates The English Constitution is unwritten only in the sense that it is not codified in a single document. Part of it is written - the Acts of Parliament and judicial decisions. Indeed there is no constitution that is entirely written or unwritten.

Flexible or elastic

One which possesses no higher authority than ordinary laws and which may be altered in the same way as other laws.

Serves as the supreme or fundamental law, Establishes basic framework and underlying principles of government, Designed to protect the basic rights of the people

PURPOSE OR FUNCTION OF CONSTITUTION

Code of Agrarian Reform of the Philippines

Presidential Decree No. 27. became the core of agrarian reform during Marcos regime

Post-War Intervention toward Agrarian Reform

Rehabilitation and rebuilding after the war were focused on proving solutions to the problems of the past.

Brief, Broad, Definite, contain at least three sets of provisions,

Requisites of a good written constitution.

STATE DISTINGUISHED FROM GOVERNMENT

State and government are usually regarded as identical. The government is only the agency through which the state articulates its will. The former is the agent, the latter is the principal. A state cannot exist without a government, but it is possible to have a government without a state. Thus, we had various governments at different periods of our history. There was no Philippine state during those periods when we were under foreign domination. A government may change, its form may change, but the state, as long as its essential elements are present, remains the same.

income tax, residence tax

Taxation during the commonwealth Period

subsistence economy,tribute or taxes, cedula personal

Taxation in Spanish Philippines

industria tax, income tax, inheritance tax, national lottery

Taxation under the Americans

Philippine Independence Act.

The 1935 Constitution Approval on March 24, 1934 by President Franklin D. Roosevelt of the Tydings McDuffie Law, otherwise known as the

three times

The 1935 Constitution has been amended

four

The 1973 Constitution had been amended on ______ occasions

Serves as the supreme or fundamental law

The Constitution is binding on all individual and all organs of the government. It occupies the highest level in the hierarchy of laws. It is the law to which all other laws must conform and in accordance with which all private rights must be determined and all public authority administered.

conventional or enacted, written, and rigid or inelastic.

The Philippine Constitution may be classified as

Barangay, Datu, Council of Elders

The Pre-Spanish Government

Governor General ,Alcalde Mayor, Gobernadorcillo, Cabeza de Barangay

The Spanish Period

70-30

The administration of President Roxas establish a a ____ - ______ sharing arrangement between tenant and landlord respectively.

No Nominal Head of State

The chief executive (President) is both the ceremonial head and the real head of state. In the discharge of his powers and functions he is assisted by a small group of advisers called "Cabinet Secretaries"

Designed to protect the basic rights of the people

The constitution is primarily designed to preserve and protect the rights of individuals against the arbitrary actions of those in authority. Its function is not to legislate in detail but to set limitations on the otherwise unlimited powers of the legislature or the government as a whole. It sets forth the basic rights of the people which the government must observe, respect, and protect.

Fusion of Powers

The legislative and executive powers of government are fused together and vested in the law making body called "Parliament". The Parliament exercises the most important powers of government- the power to make law and the power to execute law.

Post 1986 Agrarian Reform

The overthrow of Marcos and the 1987 Constitution resulted in a renewed interest and attention to agrarian reform as President Corazon Aquino envisioned agrarian reform to be the centerpiece of her administration's social legislation, which proved difficult because her bachground betrayed her - she came from a family of a wealthy and landed clan that owned the Hacienda Luisita.

Vatican

The smallest state in point of population is the

Separation of Powers

The three branches of government- the executive, legislature and the judiciary should exercise only the power and functions delegated to it by the constitution. In the discharge of their respective powers and functions each one is separate and independent from each other.

Police power

This is the power of the state to enact laws, ordinances or rules designed to promote the safety, peace, good order and morals of the community.

Power of Taxation

This is the power of the state to impose and collect revenue for public purposes.

Power of the Eminent Domain

This is the power of the state to take private property for public use upon payment of just compensation.

People

This refers to the inhabitants living within the state.There is no requirement as to the number of _____ that should compose a state. Ideally, it should be neither too small nor too large: small enough to be well governed and large enough to be self-sufficing.

Republic Act No. 8532

To address the lacking funding and the dwindling time for the implementation of CARP, Ramos sighned _________ in 1998 to amend CARL and extend the program to another ten years.

President Ramos

Under the term of__________, CARP implementation was speeded in order to meet the ten year time frame, despite limitations and constraints in funding, logistics, and participation of involved sectors. By 1996, the Department of Agrarian Reform (DAR) distributed only 58.25% of the total area target to be covered by the program.

hacienda system

developed in the beginning of the 19th century as the Spanish government implemented policies that would fast tract the entry of the colony into the capitalist world. •The economy was tied to the world market as the Philippines became an exporter of raw materials and importer of goods

Parliament

exercises the most important powers of government- the power to make law and the power to execute law.

Public administration

focused upon the methods and techniques used in the actual management of state affairs by executive, legislative, and judicial branches of government.

state

is a community of persons more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render obedience, and enjoying freedom from external control.

Political Science

is the systematic study of the state and government. The word "political" is derived from the Greek word polis, meaning a city, or what today would be the equivalent of a sovereign state. The word "science" comes from the Latin word scire,"to know.

Aristocracy

one in which political power is exercised by a few privileged class which is known as an aristocracy or oligarchy.

Democracy

one in which political power is exercised by a majority of the people. Democratic governments are further classified into:

Unitary government

one in which the control of national and local affairs is exercised by the central or national government.

Federal government

one in which the powers of government are divided between two sets of organs, one for national affairs and the other for local affairs, each organ being supreme within its own sphere. The United States is a federal government.

Limited Monarchy

one in which the ruler rules in accordance with a constitution.

Parliamentary government

one in which the state confers upon the legislature the power to terminate the tenure of office of the real executive. Under this system, the Cabinet or ministry is immediately and legally responsible to the legislature and immediately and politically responsible to the electorate while the nominal executive- the Chief of State- occupies a position of irresponsibility

Monarchy

one in which the supreme and final authority is in the hands of a single person without regard to the source of his election or the nature or duration of his tenure. Monarchies are further classified into:

Indirect, representative, or republican democracy

one in which the will of the state is formulated and expressed through the agency of a relatively small and select body of persons chosen by the people to act as their representatives.

Direct or pure democracy

one in which the will of the state is formulated or expressed directly and immediately through the people in a mass meeting or primary assembly rather than through the medium of delegates or representatives chosen to act for them.

Constitution

refers to "that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised." As thus defined, it covers both written and unwritten constitutions. written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people.

Ramon Magsaysay

the Land Settlement Development corporation (LASEDECO) became the National Resettlement and Rehabilitation Administration(NARRA) under NARRA accelerated the government's resettlement program and distribution of agricultural lands to landless tenants and farmers.

President Elpidio Quirino

the Land Settlement Development corporation (LASEDECO) was established to accelerate and expand the resettlement program for peasants.

Law of the Indies

the Spanish crown awarded tracts of land to 1.) religious orders 2.) repartamientos for Spanish military as reward for their service and 3.) spanish encomenderos.

Cabinet Secretaries

the president is assisted by these small group of advisers called _____ who are appointed by the President mainly on the basis of trust and confidence.

internal, external

two manifestations of sovereignty

absolute and limited monarchy

types of monarchy

encomienda system

was an unfair and abusive system as "compras y vandalas" became the norm for the Filipino farmers working the land- they were made to sell the products at a very low price or surrender their products to the encomenderos, who resold this at a profit

Legislative Power

it is the authority to make laws and to alter and repeal them.

Initiative

it is the process whereby the people directly proposed and inact laws

Search warrant

" is an order in writing issued in the name of the people of the Philippines, signed personally by the judge, directed to another officer commanding him to search for personal property and to bring it before the issuing officer. However, if the purpose is to effect body arrest it is termed "warrant of arrest".

Legislative Department

- consisting of the Senate and House of Representatives

Naturalized citizen

- is one who being originally a citizen of another country, by an intervening act. (i.e naturalization / cancellation of alien certificate of registration) has acquired new citizenship in another country.

Plebiscite

- 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. Plebiscite is likewise required by the constitution to secure the approval of the people directly affected before certain proposed changes affecting local government units.

President Corazon Aquino

- she came from a family of a wealthy and landed clan that owned the Hacienda Luisita.

Executive Department

- vested in the President/Vice President of the Philippines

supreme

. Civilian authority is at all times, _____over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.

THE 1987 CONSTITUTION

. Persons and entities taking part in the 1987 Constitution are as follows: a. Pres. Corazon C. Aquino for issuing Proclamation Nos. 3 and 9 b. The Appointed Constitutional Commission for drafting and approving the 1986 Constitutional Draft on October 12, 1986. c. The Filipino people for ratifying the Constitution in a referendum conducted for this purpose.

ARTICLE III- Section 9

. Private property shall not be taken for public use without just compensation.

ARTICLE V- Section 2

. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absenty voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance with other persons. Until then, they shall be allowed to vote under existing laws and such other rules as the Commission on Election may promulgate to protect the secrecy of the ballot.

ARTICLE II- Section 1

. The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them.

Suffrage

. The Right to vote is also known as ______________________. A. Plebiscite C. Democracy B. Naturalization D. Suffrage

Constitutional Rights

.Rights considered as rights of an accused. ( 1.) Right to due process a. must be tried before a competent court b. must be given a fair, speedy, impartial trial c. must be allowed to use all legal means (to obtain subpoena and opportunity to defend himself. d. that the judgement awarded against him, must be within the authority of a valid law. (2.) Rights to speedy disposition odf cases (3.) Right to bail (4.) Right to be informed of his right to remain silent (5.) Right to have competent and independent counse.Right against torture, force, violence threat intimidation which vitiate his free will. (7.) Right not to be detained in secret detention places or to be in solitary/incommunicado detention. (8.) Right to be presumed innocent until the contrary is proved (9.) Right to be informed of the nature and cause of accusation against him. (10.) To have speedy, impartial and public trial (11.)To meet witnesses face to face (12.) Right to have compulsory process to secure the attendance of witnesses and production of his evidence. (13.) Right against cruel and unusual punishment. (14.) Right against excessive fines. (15.) Right against double jeopardy. A person is said to be put in double jeopardy when not only- that the second offense is exactly the same as the one alleged in the first information but also that the two offenses are identical. 16.) Right against ex post facto and bill of attainder.

Constitutional rights of the accused in criminal cases

1) The right to adequate legal assistance 2) The right against the use of torture, force, violence, threat, intimidation etc. 3) The right against being held in secret, incommunicado , or similar forms of solitary detention. 4) The right to bail and against excessive bail. due process of law 5) The right to presumption of innocence 6) The right to meet the witnesses face to face 7) The right to due process of law 8) The right against cruel, degrading, or in human punishment 9) The right to be heard by himself and counsel 10) The right to be informed of the nature and cause of the accusation against him

Police Power

10. The Power of the State to enact laws or regulations in relations to persons and properties as may promote public health, public morals, safety, general welfare and convenience of the people. A. Power of Taxation B. Emergency Power C. Power of Eminent Domain D. Police Power

Power of Taxation

11.It is the power of the State to impose charge or burden upon persons, property or property of rights for those the use and support of the government and to enable it to discharge its' appropriate functions. A. Power of Taxation B. Power of Eminent Domain C. Police Power D. Constitutional Power

Right to Suffrage

12. It is the right and obligation to vote by qualified citizens in the election of certain national and local officials of the government and to enable it to discharge its' appropriate functions. A. Freedom to Choose B. Right to Suffrage C. Right to Information D. Electoral Vote

Recall

13. It is a method by which a public officer maybe removed from office during his tenure or before the expiration of his term by a vote of the people after registration of a petition signed by a required percentage of the qualified voters. A. Recall B. Initiative C. Referendum D. Plebiscite

Plebiscite

16. It is a vote of the people expressing their choice for or against a proposed law or enactment submitted to them. It is applied to an election at which any proposal, amendment to, or revision of the Constitution is submitted to the people for their ratification. A. Referendum B. Plebiscite C. Initiative D. Special Election

Filipino

23. The National language of the Philippines is_________________________. A.Pilipino C. Filipino B.English and Filipino D. Tagalog

Congress or a Constitutional Convention

24. Who may propose amendments, or revision of the Constitution? A. Congress or a Constitutional Convention B. Judiciary and Congress C. Congress and a Constitutional Convention D. Judiciary and Constitutional Convention

Congress

25. The legislative power of the government shall be vested in the___________. A. President B. Supreme Court C. Congress D. All of the above

Commission on Human Rights

26. Which of the following is a Constitutional Commission? A. Philippine Commission on good government B. Commission on Natural Resources C. Civil Service Commission D. Commission on Human Rights

Senate

27. What branch of government has the sole right to initiate all cases of impeachment A. Senate B. Commission on Elections C. House of Representatives D. Members of the Supreme Court

Due process of law

30. No person shall be held to answer for a criminal offense without ___________. A. Public Trial B. Cross Examiaton C. Due process of law D. Hearing

Innocent

31. In all criminal prosecutions, the accused shall be presumed _________ until the contrary is prooved. A. Acquitted of the crime B. Put in prison C. Innocent D. Guilty of the crime

Bill of Attainder

32. ___________ inflicts punishment without trial A. Subpoena B. Writ of Habias Corpus C. Bill of Attainder D. Reclusion Perpetua

Six (6) years

33. The term of office for the senate members under the 1987 constitution shall be _________. A. Three (3) years B. Six (6) years C. Four (4) years D. Nine (9) years

Two-thirds Majority

35. The "Rule of Majority" is an unwritten law of a democratic government. For the congress to declare the existence of a state of war or to call a Constitutional Convetion __________ vote of all its respected members is required. A. Simple Majority B. Two-thirds Majority C. Minority D. Concurring

Rule of Law

36. This costitutional principle is menat that no man in the country, not even the government, is above or beyond the law A. Rule of Law B. Rule of Majority C. Bill of Rights D. Republican Law

Democratic - Republican

37."The Philippines is a __________ and________ state. Sovereignty resides in the people and all government authority emanates from them". A.Democratic - Independent B. Democratic - Republican C. Presidential - Independent D. Free - Independent

Civilian

38. The Philippine Constitution explicitly recognizes that ___________ authority, at all times, supreme over the military. Its goal is to secure the sovereignty of the state. A. Civilian B. Presidential C. Democratic D. Parliamentary

Civil Service Commission

39. The Central Personnel Agency of the Government that shall establish a career service and adopt measures to promote morale, efficiency, integrity responsiveness in the 'civil service' A. Commission on Election B. Commission on Audit C. Civil Service Commission D. Local Government

Social and Economic Rights

9. They are the right intended to ensure the well being and economic security of the individual, among them are rights to property and just compensation. A. Cultural Rights B. Civil Rights C. Social and Economic Rights D. Constitutional Rights

Naturalization

A foreigner may acquire Filipino citizenship through A. Rebirth C. Naturalization B. Extradition D. VISA Application

NATIONAL TERRITORY

ARTICLE 1

LEGISLATIVE DEPARTMENT

ARTICLE 6

DECLARATION OF PRINCIPLES AND STATE POLICIES

ARTICLE II

BILL OF RIGHTS

ARTICLE III

CITIZENSHIP

ARTICLE IV

CONSTITUTIONAL COMMISSIONS

ARTICLE IX

SUFFRAGE

ARTICLE V

EXECUTIVE DEPARTMENT

ARTICLE VII

JUDICIAL DEPARTMENT

ARTICLE VIII

LOCAL GOVERNMENT

ARTICLE X

ACCOUNTABILITY OF PUBLIC OFFICERS

ARTICLE XI

NATIONAL ECONOMY AND PATRIMONY

ARTICLE XII

SOCIAL JUSTICE AND HUMAN RIGHTS

ARTICLE XIII

EDUCATION, SCIENCE, AND TECHNOLOGY ARTS, CULTURE AND SPORTS

ARTICLE XIV-

THE FAMILY

ARTICLE XV

GENERAL PROVISIONS

ARTICLE XVI

AMENDMENTS/REVISIONS

ARTICLE XVII

ARTICLE III- Section 13

All persons, except those charge with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

ARTICLE IV- Section 4

Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed under the law, to have renounced it.

Re-acquisition

Citizenship may be re-acquired in any of the following ways: 1) By naturalization; 2) By repatriation of deserters and Filipinos who lost citizenship by marriage. Repatriation is simply the recovering of original citizenship: it is not a grant of a new citizenship but a recovery of one's former or original citizenship.

Constitutional Commissions

Civil Service Commission, Commission on audit and Commission on Elections.

ARTICLE II- Section 3

Civilian authority is at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.

Direct or pure democracy , Indirect, representative, or republican democracy

Classification of democracy

) Insedental Powers

it likewise includes the insedental powers necessary to the effective discharge of the judicial functions.

ARTICLE IV- Section 5

Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

Other Constitutional Bodies

Electoral Tribunals, the commission on Appointments, the Commission on Human Rights etc.

Monarchy, Aristocracy, Democracy

FORMS OF GOVERNMENT

Loss of Citizenship

Filipino citizenship may be lost under the following circumstances/grounds: 1) Naturalization; 2) Renunciation or Expatriation; 3) Subscribing an oath of allegiance in another country; 4) Denaturalization - may be affected by cancellation of the naturalization of natural Filipinos on specified ground; 5) Deserting the armed forces of the Philippines

Native born citizens, Natural born citizens , Naturalized citizen

Filipinos are classified into three types, namely:

ARTICLE III- Section 11

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Presidential

where the executive is independent of the legislative as to tenure, policies and acts. The people directly elect the president.

Twenty- four

How many Senators are there in the Philippines? . Twenty- five C. Twelve B. Twenty- four D. Thirty

ARTICLE VII-Section 8

In case of death, permanent disability, removal from office, or resignation of the President, the Vice President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice President, the President of the Senate or, in-case of his inability, the Speaker of the House of the Representatives, shall then act as President until the President or Vice President shall been have elected and qualified.

The Provisional (Freedom) Constitution

Issued as Proc. No. 3 by Pres. Corazon C. Aquino by virtue of the powers vested in her by the sovereign mandate of the people. Under the Provisional institution which adopted as part thereof, 13 articles of the 1973 Constitution as amended

Paternalistic

It attributes to the origin of states to the enlargement of the family. A. Divine Right B. Necessity or Force theory C. Paternalistic D. Social Contract Theory

Recall

It is a method by which a local public officer may be removed from office during his tenure or before the expiration of his term by a vote of a people after registration of a petition signed by a required percentage of qualified voters

Judicial Powers

It is the power to apply the laws to contests or disputes concerning legally recognized rights or duties between the State and private persons brought before the judicial tribunals.

Accountability

It sets down unequivocal terms the mandate that all government officials and employees, shall all times, be answerable for their misconduct to the people. A. Rights C. Responsibility B. Public Trust D. Accountability

Organs of Government

Legislative Department Executive Department Judicial Department Constitutional Commissions

Operation

Made to operate on February 2, 1987, per Presidential Proclamation No. 58 dated February 11, 1987.

ARTICLE IV- Section 2

Natural born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph 3 section 1 hereof, shall be deemed natural born citizens.

ARTICLE III- Section 22

No ex post facto or bill of attainder shall be enacted.

ARTICLE III- Section 5

No law shall be made respecting an establishment of religion, or prohibiting the free exercise, thereof. The free enterprise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

ARTICLE III- Section 4

No law shall be passed abridging the freedom of speech, of expression, or of the pressed, or the right of the people, peaceably to assemble and petition the government for grievances.

ARTICLE III- Section 1

No person shall be deprived of life, liberty, or property-without due process of law, nor shall any person be denied the equal protection of the laws.

ARTICLE III- Section 14

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

ARTICLE III- Section 20

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

Divine right theory,Necessity or force theory, Paternalistic theory, Social contract theory

ORIGIN OF STATES

ARTICLE II-DECLARATION OF PRINCIPLES AND STATE POLICIES

PRINCIPLES Section 1. The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them. A republic is a government which derives all its power directly or indirectly from a great body of people and is administered by persons holding office at pleasure, for a limited period of time or during good behavior. A democratic and republican state like the Philippines is a state having a representative government which derive all its power from the people and the latter being guaranteed equal access to opportunities for public service or with participatory power - initiative, referendum and recall.

Advancement of public welfare, Consequence of absence

PURPOSE AND NECESSITY OF GOVERNMENT

ARTICLE IV- Section 3

Philippine citizenship may be lost or re-acquired in the manner provided by law.

President/Vice-President of the Philippines

Pres. Aquino under the Freedom Constitution enjoyed all legislative power. She exercised also legislative power. Presidential succession is provided by Sec. 4, Art II. The Vice-President may be appointed as Member of the Cabinet, and may perform such other functions as may be assigned to him by the President.

ARTICLE XI- section 1

Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

Freedom to believe and freedom to practice one's belief

Religion has two aspects

Other Constitutional Bodies

Tanodbayan, Sandiganbayan, NEDA, etc.

Political Theory, Public Law , Public administration

SCOPE OF POLITICAL SCIENCE

ARTICLE V- 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 t least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage

Qualifications for members of the Supreme Court and any Lower Collegiate Courts

Supreme Court a natural born citizen of the Philippines at least 40 years of age must have, for 15 years or more, been a judge of a lower court or engaged in the practice of law in the Philippines must be a person of proven competence, integrity, probity, and independence

ARTICLE XVIII

TRANSITORY PROVISIONS

ARTICLE IX- section 2

The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment

Constitutional Commissions

The Civil Service Commission , the Commission on Elections, the Commission on Audit

ARTICLE III- Section 3

The Privacy of Communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires as prescribe by law.

Nature/Classification

The Government under the Provisional Constitution may be classified as: unitary, popular, civil, constitutional, presidential [strong president exercising both legislative and executive powers] paternalistic, republican and de jure.

not more than two hundred fifty members popularly know as "Congressmen, 3 years

The House of Representatives

Constitutional Commission

The Phil Constitutuion is drafted by an appointive body called

ARTICLE II- Section 2

The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

ARTICLE II- Section 8

The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons on its territory.

The Cabinet

The President was assisted by a Cabinet which was composed of the Ministers with or without portfolio who were all appointed by the President. Her cabinet was composed of the Ministers of: Defense, Foreign Affairs, Finance, Justice, Agriculture, Public Works and Highways, Education, Culture and Sports,Labor and Employment, resources, Transportation and Communication, Social Services, Political Affairs, Philippine Commission on Good Government, Government Reorganization, etc.

Operation

The Revolutionary Government started in the morning of Feb. 25, 1896 following the 4-day February Revolution (Feb 22-25,1986) at EDSA. The Freedom Constitution was promulgated last March 25, 1986 and this Constitution superseded the 1973 Constitution as amended, following the adoption of 13 articles and the repeal of the 4 articles of the 1973 Constitution as amended. The Freedom Constitution being provisional in nature was superseded ultimately by the 1987 Constitution effective February 2, 1987.

24 senators, 6 years

The Senate Composition and Election

ARTICLE II- Section 9

The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through polices that provide adequate social services, promote full employment, a rising standard of

ARTICLE II- Section 7

The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the the right to self- determination.

ARTICLE VIII- Section 4

The Supreme Court shall be composed of a Chief Justice and 14 Associate Justices. Any vacancy shall be filled with in 90 days from the occurrence thereof.

ARTICLE IX- section 1

The civil service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural born citizens of the Philippines, and at the time of their appointment at least thirty five years of age, with proven capacity for public administration , and must have been candidates for any elective position in the elections immediately preceding the election.

ARTICLE VII-Section 1

The executive power shall be vested in the president of the Philippines

ARTICLE IV- Section 1

The following are citizens of the Philippines; 1) Those who are the 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 law.

Nature/ Classification

The government that has been established by the 1987 Constitution may be classified as democratic, republican presidential, bureaucratic,unitary, popular civil, constitutional, paternalistic, coordinate and de jure government.

ARTICLE VIII- Section 1

The judicial power shall be vested in one supreme court and in such lower courts as may be established by law.

ARTICLE 6- section 1

The legislative power shall be vested in the congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

ARTICLE II- Section 5

The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all people of the blessings of democracy.

serve and protect the people

The prime duty of the government is to

ARTICLE II- Section 4

The prime duty of the government is to serve and protect the people. The Government may call upon the people to defend the State and, in fulfillment thereof, all-citizens may be required, under conditions provided by law, to render personal, military or civil service.

ARTICLE III- Section 15

The privilege of the writ of habeas corpus shall not be suspended in cases of invasion or rebellion when the public safety requires it

Lower Collegiate Courts

The qualification of members of any lower colligiate courts shall be prescribed by congress as provided in section VII as in the case of judges of lower courts, but they must be natural born citizens of the Philippines.

ARTICLE II- Section 10

The state shall promote social justice in all phases of national development Social Justice is the ideal of society to be attained by the promotion of the welfare of the people through the humanization of laws and equalization of social economic forces and benefits.

ARTICLE III- Section 2

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons and things to be seized.

ARTICLE III- Section 7

The right of the people to information on matter's of public concern shall be recognized. Access to political records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen subject to such limitations as maybe provided by the law. It is in consonance with the principle of popular sovereignty; in a democratic society, the sovereign people have the right to access to the records of their government; It will enable the people to participate more effectively in the government affairs especially in fiscalizing the acts of the authorities It will reduce suspicion of officials and thus, foster rapport and harmony between the government and the people

Sovereignty

The supreme power of the state to command and enforce obedience.

Three years

The term of office for the House of Representatives under the 1987 costitution

Political Rights

The term refers to those rights having relation to the participation of individuals directly or indirectly, in the establishment on administration of government. Among the political rights secured by the Constituion are as follows: 1.Right of citizenship 2.Freedom of speech . Freedom of the press 4. Right of assembly 5. Right to petition the government for redress of grievances 6. Freedom to access public records and documents 7.Right to form association, unions etc.

Commission

Thecommission shall always be guided by the objectives of the Constitution "to promote morale,efficiency and integrity in the Civil service, as well as, the economic, social and other policies of the government.

ARTICLE XI- section 5

There is hereby created the independence Office of the Ombudsman, composed of the Ombudsman to be known as Tanod bayan.

Civil Rights

They are the rights of the citizen which the municipal law will enforce at the instance of private individual for the purpose of securing their enjoyment for their means and happiness. A. Social and Economic Rights B. Constitutional Rights C. Civil Rights D. Political Rights

Priority Measures

To achieve the mandate of the people the President under the Freedom Constitution undertook the following protection of basic rights, rebuilding of confidence in the entire governmental system, eradication of graft and corruption, restoration of peace and order, maintenance of the supremacy of civilian authority over the military, and the transition to a government under a New Constitution in the shortest time possible; Whereas, during the period of transition to a New Constitution it must be guaranteed that the government will respect basic human rights and fundamental freedoms.

political rights, personal and civil rights, rights of an accused person

Types of Rights

The smallest state in point of population

Vatican

Preamble

What do you call the introductory part of the Constitution? . Amendments C. Preface B. Preamble D. Bill of Rights

Both A and B

What form of Government do the Philippines adopt? A. Republican C. Neither A or B B. Democratic D. Both A and B

Thirty-five

What is the minimum age requirement of a senator?

Right of eminent domain

What is the power of the State to take property for public use upon payment for a just compensation? A. Rights of limiting resources B. Right of confiscation C. Right of eminent domain D. Right of sequestration

President---- Vice-President---- Senate President---- House Speaker

Which of he following shows the transfer of power should the President be incapable of discharging his duties? A. President---- Vice- President---- Chief Justice---- House Speaker B. President---- Vice- President---- House Speaker---- Senate President C. President---- Vice- President---- Chief Justice---- Senate President D. President---- Vice-President---- Senate President---- House Speaker

Amnesty

Which of the following bills do not originate from the House of Representative? A. Appropriation Bills B. Amnesty C. Revenue or Tariff Bills D. Private Bills

He has Filipino parents but was born in the United States.

Which of the following may disqualify a person from running from Presidency? He is a registered voter. B. He is sixty years old on the day of the election. C. He lived abroad five years preceding the election. D. He has Filipino parents but was born in the United States.

Judge

Who among the following may issue a warrant of arrest or a search warrant? A. Plaintiff C.Judge B. Prosecutor D. Lawyer

Qualifications of the President and Vice President

a natural born citizen of the Philippines a registered voter able to read and write at least 40 years of age on the day of election a resident of the Philippines for at least 10 years term 6 years.

qualifications of a senator

a natural born citizen of the Philippines at least thirty five years of age on the day of 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 election

Due process

as a law is one which hears before it condemns which proceeds from inquiry, and render judgement only after trial.

PREAMBLE

constitution is a preliminary statement reciting the reasons for its enactment and the objects sought to be accomplished thereby.It confers no rights,imposes no duties and creates no office.

Liberty

does not mean that a man can do what he wants or write what he pleases, but to do the things that will not injure his fellowmen in the community.

Property

embraces everything over which man may have exclusive dominion (ex: title, interests, ownership) control and possession.

Freedom of speech and the press

implies the right to freely utter and publish whatever the citizen may pleased and to be protected against any responsibility for so doing except so far a such publication, from there blasphemy, and scandalous charter, may be a public offense (example: oral defamation or libel)

Bill of attainder

is a legislative act which inflicts punishment without judicial trial.

Tanodbayan

is a swedish word which means "agent" or "representative" to mean about "bud", being messenger collecting the fine.

writ of habeas corpus

is an order issued by a court of competent jurisdiction, directed to a person detaining another, commanding him to produce the body of the prisoner at a designated place, and to show sufficient cause for holding in custody in the individual so detained. The writ is the proper remedy in each and every case of detention without legal cause or authority. Its principal purpose then is to set the individual at liberty.

Life

is more than an animal existence. "All human life has its basic value and dignity for God created man in the image itself...male and female". "He created them" (Genesis 1:27). Life is love, life is good. It is a drive towards fullness of life, it is the seed of existence, which transcends the very limits of time.

Election

is the expression of the choice of persons for political office by the voters of the body politic

Judicial power

is the power to apply the laws (including the Constitution) to contest for disputes concerning legally recognize rights or duties between the states and private persons or between individual litigants, in cases properly brought before the judicial tribunals.

Suffrage

is the right to vote in the election of officials of government and the determination of all questions submitted to the people. Unlike the 1973 Constitution as amended, suffrage is no longer mandatory and penal in nature.

Referendum

is the submission of a proposed law or issues to the voting citizens of the country for their ratification or rejection. It is more of appealing from an elected body to the whole body of voter

) Adjudicatory Power

judicial power includes the duty of courts of justice: the settle actual controversies involving rights which are legally demanda of dicretionble and enforceable to determine whether there has been a grave abuse amounting to lack or excess of jurisdiction on the part of any branch of the government

President Quezon

laid down a social justice program focused on the purchase of haciendas, which were to be divided and sold to tenants.

Assembly

means the right of the part of the citizen to meet peaceably for consultation and respect to public affairs

Petition

on the other hand means "that any person or group of persons can apply without fear of penalty to the appropriate branch of office of the government for a redress of grievances."

Civil Rights

refer to those rights which the municipal law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness. The following civil/personal rights are granted by the Constitution. Right against unjust unreasonable searches and seizures 2. privacy of communication or correspondence 3. Right of privacy 4. Liberty of abode and travel 5. Freedom of religion Non-impairement of contracts 7. Right against imprisonment of debt. 9. Free access to the court

Natural born citizens

refer to those who at the moment of their birth are already citizens of the Philippines.

local government

refers to a political subdivision of a nation/state which is constituted law and has substantial control on local affairs, which officials elected or otherwise locally selected. In the Philippines, it refers to autonomous regional government, provincial, city, municipal and barangay governments.

republic

s a government which derives all its power directly or indirectly from a great body of people and is administered by persons holding office at pleasure, for a limited period of time or during good behavior.

writ of amparo

s a judicial remedy that provides speedy relief to protect the people's right to life, liberty and security in cases involving enforced disappearances or extra judicial killings, or threats thereof.

Social Services

such as educational, cultural, scientific, health, and recreational services, social welfare services (ex: housing projects, urban development) community development and others.

ARTICLE 1-NATIONAL TERRITORY

territory comprises the Philippine archipelago, with all islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine aread. The waters around between, and connecting the islands of the archipelago, regardless of their breath and dimensions, form part of the internal waters of the Philippines.

Economic Development Services

the conservation of our ecology, natural resources, promotion of industry and commerce, improvement of transportation and communications, economic planning and coordination.

Executed power

the power to administer the laws, which means carrying them into practical operation and enforcing their due observance.

right of privacy

the right to be left alone, the right of a person to be free from unwarranted publicity as the right to live without unwarranted interference by the public in matter's with which the public is not necessarily concerned.

Judicial Department

vested in one supreme court and other inferior courts

archipelago theory

wherein a state comprising an archipelago (group of islands) shall be treated as a national unit so that the water around, between and connecting the islands of the archipelago, irrespective of their breadth and dimension form part of the internal waters of the State. Philippines adheres to this

Freedom to believe

which is absolute right and not subject to any restriction

Freedom to practice one's belief

which is no longer absolute for it is limited or restricted by the police power of the state; hence, a man may believed in killing as a religious obligation with heavenly reward but he cannot commit it without being punished by law for murder or homicide.