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Questions and Answers
What is one of the primary duties of the legislative department?
What is one of the primary duties of the legislative department?
What is the term of office for the President of the Philippines?
What is the term of office for the President of the Philippines?
Which branch of government is responsible for conducting inquiries and investigations in aid of legislation?
Which branch of government is responsible for conducting inquiries and investigations in aid of legislation?
Which of the following statements about the Vice President is correct?
Which of the following statements about the Vice President is correct?
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When does Congress hold its regular sessions?
When does Congress hold its regular sessions?
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What comprises the National Patrimony according to the Constitution?
What comprises the National Patrimony according to the Constitution?
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Which of the following is a primary purpose of social justice as defined in the content?
Which of the following is a primary purpose of social justice as defined in the content?
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What is the role of the Commission on Human Rights as established in Article XIII?
What is the role of the Commission on Human Rights as established in Article XIII?
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Which law aims to protect the rights of all workers in the Philippines?
Which law aims to protect the rights of all workers in the Philippines?
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What is the focus of Executive Order No. 27 issued on July 4, 1987?
What is the focus of Executive Order No. 27 issued on July 4, 1987?
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What type of citizenship does the Philippines primarily adhere to?
What type of citizenship does the Philippines primarily adhere to?
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Which of the following is NOT a method of acquiring citizenship outlined in the content?
Which of the following is NOT a method of acquiring citizenship outlined in the content?
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Who can elect Philippine citizenship upon reaching the age of maturity according to the outlined citizenship criteria?
Who can elect Philippine citizenship upon reaching the age of maturity according to the outlined citizenship criteria?
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What is suffrage primarily defined as in the content?
What is suffrage primarily defined as in the content?
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What political exercise allows the sovereign people to choose candidates for government positions?
What political exercise allows the sovereign people to choose candidates for government positions?
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Which of the following processes is NOT involved in naturalization?
Which of the following processes is NOT involved in naturalization?
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What is the purpose of a plebiscite as defined in the content?
What is the purpose of a plebiscite as defined in the content?
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Under the principle of Jus Sanguinis, citizenship is based on which factor?
Under the principle of Jus Sanguinis, citizenship is based on which factor?
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What is the smallest political unit into which cities and municipalities are divided?
What is the smallest political unit into which cities and municipalities are divided?
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What is the primary purpose of the Philippine National Police as mandated by Republic Act No. 6975?
What is the primary purpose of the Philippine National Police as mandated by Republic Act No. 6975?
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Which of the following individuals is NOT removable by impeachment?
Which of the following individuals is NOT removable by impeachment?
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Who can own and manage mass media in the Philippines?
Who can own and manage mass media in the Philippines?
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Which of the following is a ground for impeachment?
Which of the following is a ground for impeachment?
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What role does the House of Representatives play in the impeachment process?
What role does the House of Representatives play in the impeachment process?
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What is the difference between an amendment and a revision of the Constitution?
What is the difference between an amendment and a revision of the Constitution?
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Who appoints the Ombudsman in the Philippines?
Who appoints the Ombudsman in the Philippines?
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Which body may propose an amendment or revision to the Constitution?
Which body may propose an amendment or revision to the Constitution?
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What is required for a people's initiative to propose amendments to the Constitution?
What is required for a people's initiative to propose amendments to the Constitution?
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What is a municipality in the political structure of the Philippines?
What is a municipality in the political structure of the Philippines?
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What must occur for an amendment to be valid after its proposal?
What must occur for an amendment to be valid after its proposal?
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Which officials are subjected to the impeachment process?
Which officials are subjected to the impeachment process?
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What is the time frame in which a plebiscite must be held after an amendment is approved?
What is the time frame in which a plebiscite must be held after an amendment is approved?
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What does 'public office is a public trust' imply about public officials?
What does 'public office is a public trust' imply about public officials?
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Which of the following is a requirement for Congress to call a constitutional convention?
Which of the following is a requirement for Congress to call a constitutional convention?
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What is the composition of the Supreme Court?
What is the composition of the Supreme Court?
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Which of the following is NOT a qualification for a member of the Supreme Court?
Which of the following is NOT a qualification for a member of the Supreme Court?
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Who serves as the ex officio Chairman of the Judicial and Bar Council?
Who serves as the ex officio Chairman of the Judicial and Bar Council?
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What power does the Supreme Court hold regarding government actions?
What power does the Supreme Court hold regarding government actions?
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How long is the term for regular members of the Judicial and Bar Council?
How long is the term for regular members of the Judicial and Bar Council?
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Which court has exclusive power to review decisions involving internal revenue taxes?
Which court has exclusive power to review decisions involving internal revenue taxes?
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The members of the Supreme Court are appointed from a list of candidates prepared by which body?
The members of the Supreme Court are appointed from a list of candidates prepared by which body?
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What is the minimum age requirement for a member of the Supreme Court?
What is the minimum age requirement for a member of the Supreme Court?
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Study Notes
Concept of Constitution
- A written instrument establishing, limiting, and defining fundamental government powers.
- Distributes power among several departments for safe and effective use benefiting the people.
Constitutional Supremacy
- The Constitution is the paramount and supreme law of the nation.
- The Constitution is written into every statute and contract.
- Any law contradicting the Constitution is unconstitutional.
Concept of a State
- A community of people occupying a definite territory.
- Independent from external control.
- Possessing a government where people are generally obedient.
Elements of the State
- People
- Territory
- Government
- Sovereignty
People
- The inhabitants of the state.
Philippines Population (2024)
- 119,166,406
Territory
- The fixed portion of the Earth's surface inhabited by the state.
Sovereignty
- The supreme power of the state to enforce its will on its members within its jurisdiction.
- Freedom from foreign control.
Government
- The agency or instrumentality realizing the state's will (formulated and expressed).
Forms of Government
- Democracy
- Aristocracy
- Monarchy
- Unitary
- Federal
- Parliamentary
- Presidential
Democracy
- A form of government where the power/sovereignty resides in the people.
- Latin terms "demos" and "kratos".
Aristocracy
- The form of government where the power is exercised by a limited few or elite.
- Also known as oligarchy.
Monarchy
- A form of government where the power resides in one single person.
- Typically a king or queen.
- Can be absolute or limited.
Unitary
- The control of national and local affairs is exercised by a national government.
Federal
- A form of government where power is divided between a national government and local governments.
Parliamentary
- The Parliament (power to create and implement laws), led by a prime minister, governs.
Presidential
- The President, head of the executive branch, is independent from the legislature
1987 Philippine Constitution
- Preamble + 18 Articles
Preamble
- Latin word "preambulare" meaning to walk before.
- Introduction to the main subject or prologue.
Article I - The National Territory
- Comprises the Philippine archipelago, all islands and waters.
- Includes other territories within Philippine jurisdiction or sovereignty including terrestrial, fluvial, aerial domains, territorial seas, seabed, subsoil, insular shelves, and other submarine areas.
The Philippine Territorial Jurisdiction
- Terrestrial
- Fluvial
- Aerial
The waters around, between and connecting the islands
- Forms part of the internal waters of the Philippines.
United Nations Convention on the Law of the Sea (UNCLOS)
- This governs the territorial jurisdiction of archipelagic states.
- Three stages are (1956-1958), (1960) and (1973-1980)
Philippines vs. China (2013)
- The Philippines instituted arbitral proceedings against China over maritime jurisdiction in the West Philippine Sea.
Article II - Declaration of Principles and State Policies
- Section 1. The Philippines is a democratic and republican state. Sovereignty resides in the people, and all government authority emanates from them.
- Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law...
- Section 3. Civilian authority is supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State.
- Section 4. The prime duty of the Government is to serve and protect the people.
- Section 6. The separation of Church and State shall be inviolable.
Article III - Bill of Rights
- Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied of the equal protection of the laws
- Section 2. The right of persons to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures...
- Section 3. (1) The privacy of communication and correspondence shall be inviolable... • Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press or of the right of the people peaceably assemble and petition the government for redress of grievances.
Classification of Rights
- Natural Rights
- Constitutional Rights
- Statutory Rights
Classes of Constitutional Rights
- Civil Rights
- Political Rights
- Social and Economic Rights
- Rights of the Accused
Republic Act No. 10173 (Data Privacy Act)
- Protects the right of an individual not to have private information disclosed and to live freely from surveillance and intrusion.
National ID System (Republic Act No. 11055)
- Centralizes personal information of Filipino citizens and resident aliens creating a Philippine ID (PhilID) and PhilSys Number (PSN)
- Authenticates identity in government and private sector transactions
Article III - Section 4
- No laws that abridge freedom of speech, expression, or the press, or right of people to assemble and petition.
Republic Act No. 10175 (Cybercrime Prevention Act of 2012)
- Addresses online cybercrimes, refers to computer or network medium for online communication.
Article III - Section 6
- The liberty of abode and changing the same is not impaired unless dictated by lawful order from the court.
- Neither is the right to travel impaired except in the interests of national security, public safety, or public health as dictated by law.
Article III - Section 9
- Private property cannot be taken for public use without prompt compensation.
Article III - Section 12
- Rights of persons under investigation for crimes to be informed of their rights to remain silent (Miranda Rights).
Article III - Section 15
- The privilege of habeas corpus will not be suspended except in cases of invasion, revolution, or when the public safety requires it. • Section 21. No person shall be twice put in jeopardy of punishment for the same offense.
Article IV - Citizenship
- Denotes membership in a political community.
Citizenship under Article IV
- those who are citizens under prior adoption of this constitution
- Those whose fathers and mothers are citizens.
- Those born before January 17, 1973 of Filipino mothers, who elect to become Filipino citizens upon maturity.
- Those with legal naturalization
Methods of Acquiring Citizenship
- By birth: Jus Sanguinis (by blood), Jus Soli or Loci (by place of birth)
- By Naturalization: Judicial Process, Legislative Process, Administrative Process
Article V - Suffrage
- Right to vote and obligation for qualified citizens. • Scope of Suffrage: Election, Plebiscite, Referendum
- The initiatives that the People have to put forward legislation. (12% of registered voters)
Article VI - Legislative Department
- The legislative power to create laws, statutes, and repeal them.
Legislative Department- Chambers
- Two chambers: The Senate and The House of Representatives •The Senate
- Composed of 24 senators.
- Elected at large by qualified voters.
- Serves a six-year term.
- May be reelected for not more than two terms. •Qualifications of a Senator
- Naturalborn citizen
- At least 35 years of age
- Able to read and write
- Registered voter
- Resident for at least two years before election •The House of Representatives
- Comprised of not more than 250 members (representatives).
- Elected from legislative districts.
- Selected via party list system.
- Three-year term.
- May be reelected for not more than three terms.
Qualifications of a representative
- Naturalborn citizen
- At least 25 years old
- Able to read and write
- Registered voter
- Resident for at least one year before election
The Party List System
- Based on the constitution, different sectors of society shall be represented.
- Excluding the religious sector
Qualified Sectors
- Labor
- Peasant
- Fisherfolk
- Urban Poor
- Indigenous Cultural Communities
- Elderly
- Handicapped
- Women
- Youth
- Veterans
- Overseas workers
- Professionals
Duties of Legislative Department
- Enact laws
- Approve the annual budget
- Ratify treaties
- Conduct inquiries
- Declare war
- Impose taxes.
- Impeach government officials
Lawmaking Process (detailed steps)
- Steps in the lawmaking process are detailed, showing respective stages in both the House and the Senate (summarized here).
Congress Sessions
- Regular sessions throughout the year starting the fourth Monday of July until June of the succeeding year.
The 3 Branches of Government
- Legislative (Congress-Upper House and Lower House), Executive (President, Vice President, Cabinet Members, Regional Governor, Governor, Vice Governor, Mayor, Vice Mayor, Barangay Captain), Judicial (Supreme Court)
Article VII - Executive Department
- Section 1 the Executive power is vested in the President of the Philippines.
Executive Powers
- Defining the power to administer the laws
Qualifications of the President and Vice President
- Natural born citizen
- Registered voter
- Able to read and write
- At least 40 years of age
- Resident of the Philippines for at least 10 years prior election
Powers of the President
- Appointing power
- Power to revoke appointments
- Control over executive departments
- Military power
- Grant reprieve, commutations, pardons
- Negotiating foreign loans
- Entering into treaties
- Budgetary power
- Power to address Congress
Prohibited Appointments for the President
- Cannot appoint spouse or relatives within the fourth degree of consanguinity or affinity.
- This includes members of Constitutional Commissions, the Office of the Ombudsman, Secretaries, Undersecretaries, heads of bureaus, offices, or government-owned or controlled corporations, or their subsidiaries.
Immunity of the President
- Incumbent presidents are immune from suit or legal action during their term.
Martial Law Powers (Sec. 18)
- Grounds: Invasion or rebellion when public safety requires it.
- Duration: Not more than 60 days, extendable by Congress.
- Duty of the President: Report to Congress within 48 hours personally or in writing.
Pardoning Power (Sec. 19, Art VII)
- Commutation (reduce penalty), Reprieve (postpone sentence), Parole (release from imprisonment)
Kinds of Pardon
- Plenary or absolute
- Conditional
Presidential Electoral Tribunal (PET)
- The Supreme Court sitting en banc decides on election contests, returns, and qualifications of President and Vice President.
Term of Office (President)
- Six years, with no reelection.
Presidential Succession (Article VII)
- The Vice President takes over if the present is removed or dies.
Article VIII - Judicial Department
- Judicial Power: Power to apply the law to legal disputes between the state and individuals.
Composition of Supreme Court
- Composition is the Chief Justice and 14 Associate Justices.
- Can sit in en banc (as a body) or divisions.
Qualifications for Supreme Court Members
- Must be a natural-born citizen.
- Must be at least 40 years old.
- Must have been a judge/lawyer in the Philippines for 15 years.
- Demonstrates competence, integrity and independence.
Supreme Court Chief Justice
- Alexander Gesmundo
Power of the Supreme Court
- Settle actual controversies involving legally determinable and enforceable rights.
- Determine if there has been a grave abuse of power by any government branch. • Judicial and Bar Council
- The Chief Justice, Secretary of Justice, representatives from Congress, the Integrated Bar, professors of law, a retired Supreme Court member, and a private sector representative form this council.
Judicial and Bar Council (appointments)
- Regular Members are appointed by the president to serve a 4-year term, requiring consent from the Commission on Appointments. •Supreme Court and lower courts are appointed by the President from a list of at least 3 nominees prepared by the JBC, confirmed to be appointed by the President. •Appointments do not need confirmation.
Organization of Courts (hierarchical structure)
- Supreme Court
- Court of Appeals
- Regional Trial Courts
- Metropolitan Trial Courts
- Municipal and Municipal Circuit Trial Courts
- Shariah District Courts
- Court of Tax Appeals
- Sandiganbayan
Court of Tax Appeals
- Exclusive power over reviewing decisions of Internal Revenue Commissioner (taxes) and Commissioner of Customs (customs duties).
Sandiganbayan
- Created by Presidential Decree No. 1606 to hear and decide cases of corruption involving government officials (SG 27 and above).
Shariah Court
- Created under Presidential Decree No. 1083.
- Based on Muslim Personal Law of the Philippines.
- Handles cases related to divorce, property disputes, child support, dowry etc.
Article IX – Constitutional Commissions
- Civil Service Commission
- Commission on Elections
- Commission on Audit
Civil Service Commission
- Covers all government branches, subdivisions and agencies to enforce civil service.
- Composed of a chairman and several commissioners who are appointed by the president.
Commission on Elections
- Composed of a chairman and many commissioners who are appointed by the president.
Commission on Audit
- Composed of a chairman and many commissioners who are appointed by the president
Article X – Local Government
- Refers to the political subdivisions of a nation or state; is constituted by law.
- Has control over local affairs; locally selected officials.
Local Government Units
- Region
- Province
- City
- Municipality
- Barangay
Article XI– Accountability of Public Officers
- Public office is considered a public trust. •Public officers and employees must be accountable to the people; serve them responsibly, with integrity, loyalty, efficiency; act with patriotism and justice; and lead modest lives
Impeachment
- Process in which a legislative body charges a government official with offenses, leading to the possibility of removal.
Officials Removable by Impeachment
- President
- Vice President
- Supreme Court members
- Constitutional Commission members •Ombudsman
Grounds for Impeachment
- Culpable violation of the Constitution.
- Treason
- Bribery
- Graft and corruption
- Other high crimes
- Betrayal of public trust
Commencement of Impeachment
-
House of Representative's exclusive right to initiate impeachment cases (one-third members vote).
-
Senate's sole power to try and decide impeachment cases.
The Ombudsman
- Independent office to represent public interests.
- Investigates administration problems and violations of rights (upon own initiative or complaints).
- Appointed by the president.
- Composed of Tanodbayan.
Article XII- National Economy and Patrimony
- National Economy refers to the total structure of economic life of a country.
- National Patrimony is the natural resources of a country.
Regalian Doctrine (Section 2)
- All lands of the public domain, waters, minerals, coal, petroleum, other minerals, potential energy, fisheries, forests, timber, wildlife, flora, fauna, other natural resources are owned by the state.
Article XIII – Social Justice and Human Rights
- Promotion of welfare/adoption of measures by government aimed at ensuring economic stability for all elements of society.
Article XIII- Social Justice and Human Rights (specific acts)
- Labor Code (PD 442).
- Agrarian/Natural Resources Reform (RA 6657 and RA 7880)
- Urban Land Reform and Housing
- Health (RA 7305 – Magna Carta for Public Health Workers)
- Magna Carta for Women
Commission on Human Rights.
- Independent office.
- Composed of a chairman and four members (natural-born Filipinos)
Human Rights Education (Executive Order No. 27)
- Incorporates courses and subjects on human rights in education to qualify government service.
Article XIV - Education, Science & Technology, Arts, Culture & Sports
- The right of the people for quality education and equal access for all. • Legal Bases in education • Bats Pambansa Blg. 232, RA 6655, RA 10157, RA 10533, RA 10931
Language (national language)
- The national language of the Philippines is Filipino.
Republic Act No. 7104 (Komisyon sa Wikang Filipino)
- Promotes Filipino language development.
Article XV - The Family
- Recognizing the Filipino family as the foundation of a nation.
- Marriage institution protected by the state.
Article XVI - General Provisions
- RA 8491 (National Flag/Anthem/Motto and Coat of Arms code)
- Daily flag ceremony in all educational institutions, included to be compulsory singing of the national anthem, and national motto
Article XVI- General Provisions- (Flag)
- Philippine flag is characterized as red, white and blue, with sun and three stars.
The Armed Forces of the Philippines.
- composed of a citizen armed force, which undergo military training and service (may be provided by law).
- a force necessary to secure the state.
The Philippine National Police(Republic Act No. 6975)
- One National Police Force established, nationally scoped, and under civilian administered control by a National Police commission.
Mass Media
- Ownership of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly owned and managed by such citizen
The Indigenous Cultural Communities
- Enacts the consultative body to advise the president (Republic Act No. 8371) on Indigenous Peoples' Rights Act..
Article XVII - Amendments or Revisions
- Amendments modify selected parts of the constitution (not the whole).
- Revisions rewrite or change the entire constitution.
Stages in Amendments/Revisions
- Proposal (by people's initiative/Congress/Constitutional Convention)
- Ratification (plebiscite, majority vote)
Constituent Assembly
- Congress can propose amendments or revisions of the constitution by obtaining the vote of three-fourths of all its members.
Constitutional Convention
- Congress can call a constitutional convention based on their two-thirds vote.
Peoples Initiative
- People directly proposes and petitions amendments; 12% of total voters needed; representation from each legislative district
Ratification
- Amendments and revisions require a majority vote in a plebiscite, held not earlier than 60 days, nor later than 90 days from the approval of any amendment or revision.
Article XVIII - Transitory Provisions
- Provisions required to effectively transition from former to new government.
Preamble + 18 Articles
- Comprehensive list.
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Test your knowledge about the structure and functions of the Philippine government with this quiz. Explore topics such as legislative duties, the role of the President, and provisions related to citizenship. Dive into the significance of social justice and human rights as defined in the Constitution.