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Politics and Governance with the Philippine Constitution CONSTITUTION  Concept of Constitution a written instrument by which the fundamental powers of the government are established, limited and defined and by which the powers are distributed among several department for their safe and...

Politics and Governance with the Philippine Constitution CONSTITUTION  Concept of Constitution a written instrument by which the fundamental powers of the government are established, limited and defined and by which the powers are distributed among several department for their safe and useful exercise for the benefits of the people  CONSTITUTIONAL SUPREMACY Since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract. UNCONSTITUTIONAL  Concept of a State A community of persons more or less numerous, permanently occupying a definite portion of the territory, independent from outside or external control and possessing a government wherein a great body of inhabitants render habitual obedience  Elements of the State People Territory Government Sovereignty  People Inhabitants of the state Philippines Population (2024) Territory it is the fixed portion of the surface of the earth inhabited by the people of the state.  Sovereignty it is the supreme power of the state to enforce its will on its members within its jurisdiction and to have freedom from foreign control  Government it is the agency or instrumentality through which the will of the state is formulated, expressed, and realized  Forms of Government Democracy Aristocracy Monarchy  Democracy Democracy – comes from the Latin terms “demos” and “kratos”. It is a form of government wherein the power or sovereignty is exercised and or resides in the people Democratic practice in the Philippines  Aristocracy Aristocracy – the form of government wherein the power is exercised by a limited few or the so called elite (aka aristocracy or oligarchy) Aristocrats of France  Monarchy Monarchy – a form of government wherein the power or sovereignty is exercised by one person only, usually a king or a queen. It could either be absolute or limited monarchy Other Forms of Government  Unitary The control of national and local affairs is exercised by the national government As to the extent of powers exercised by the Central or national government  Federal Federal – a form of government where the power of the state is divided into two namely: national for national affairs and local for local affairs Federal States of the U.S. As to the extent of powers exercised by the Central or national government  Parliamentary Parliamentary– a form of government wherein the power to create and implement laws is in the hands of the Parliament, led by a Prime Minister Parliament of the United Kingdom As to the relationship between the legislative and the executive  Presidential Presidential – a form of government wherein the President is the chief executive of the state and independent of the legislature with respect to his tenure acts, and policies President of the Philippines As to the relationship between the legislative and the executive 1987 PHILIPPINE CONSTITUTION  PREAMBLE + 18 ARTICLES Article XVI – General Provision Article XVII – Amendments or Revisions Article XVIII – Transitory Provisions  Preamble It comes from the Latin word ‘preambulare’ which means ‘to walk before’. It is not an integral part of the Constitution. It is an introduction to the main subject, or the prologue.  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.  Article I – The National Territory It comprises the Philippine archipelago, with all the 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 seas, the seabed, the subsoil, the insular shelves, and other submarine areas. The Philippine Territorial Jurisdiction comprises: Terrestrial – jurisdiction over bodies of land Fluvial – jurisdiction over maritime and interior waters Aerial – jurisdiction over atmosphere Article I – The National Territory The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. United Nations Convention on the Law of the Sea (UNCLOS) This governs the territorial jurisdiction of all archipelagic states 1. (1956-1958) 2. (1960) 3. (1973-1980) Farthermost Island BASELINE Territorial Sea The belt of the sea located between the coast and internal waters of the coastal state on the other hand, and the high seas on the other, extending up to 12 nautical miles from the low water mark or in the case of archipelagic states, from the baselines Contiguous zone It extends up to 12 nautical miles from the territorial sea The coastal state may exercise limited jurisdiction over the contiguous zone to prevent infringement of customs, fiscal, immigration or sanitary laws. Exclusive Economic zone This extends up to 200 nautical miles from the low water mark or the baseline. Technically, the area beyond the territorial sea is NOT PART OF THE TERRITORY OF THE STATE, but the coastal state may exercise sovereign rights over economic resources of the sea, seabed, subsoil although other states shall have freedom of navigation and over flight, to lay submarine rabbles and pipelines and other lawful uses.  Philippines vs. China On January 22, 2013, the Republic of the Philippines instituted arbitral proceedings against the People’s Republic of China under the Annex VII to the United Nations Convention on the Law of the Sea, with respect to the dispute with China over the maritime jurisdiction of the Philippines in the West Philippine Sea. China’s 9 dash line map  Article II Declaration of Principles and State Policies Sec. 1. The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them. Sec. 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law… Sec. 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.  Article II Declaration of Principles and State Policies Sec. 4. The prime duty of the Government is to serve and protect the people. Sec. 6. The separation of Church and State shall be inviolable  Article III – Bill of Rights Bill of Rights – defined as a declaration and enumeration of a person’s rights and privileges, which the Constitution designed to protect against violations by the government or by an individual or group of individuals  Classification of Rights 1. Natural Rights – possessed by every citizen conferred upon him by God as a human being 2. Constitutional Rights – rights conferred and protected by the Constitution part of the fundamental law cannot be modified or taken away by the law-making body 3. Statutory Rights – it is provided by laws promulgated by the law-making body. It can be abolished by the same body.  Classes of Constitutional Rights Civil Rights – rights which the law enforces to private individual for the purposes of security, happiness and enjoyment Political Rights – right of the citizen to participate directly or indirectly in the establishment of administration of the government  Classes of Constitutional Rights Social and Economic Right – it is intended to ensure the well being and economic security of the individual Right of the Accused – intended to protect persons accused of any crime  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 of the equal protection of the laws. Section 2. The right of persons to be secure in their persons….and no search warrant or warrant of arrest shall be issued except upon probable cause…  Article III Section 3. (1)The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.  Data Privacy Act Republic Act No. 10173 The right of an individual not to have private information about him disclosed and to live freely from surveillance and intrusion  National ID System Republic Act No. 11055 What is Philippine Identification System or PhilSys? It is a system that centralizes all personal information of Filipino citizens and resident aliens and generates a Philippine ID (PhilID) and PhilSys Number (PSN) that will be used to authenticate their identity in all government and private sector transactions.  Article III 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.  Republic Act No. 10175 Cybercrime Prevention Act of 2012 September 12, 2012 Cyber refers to a computer or a network, the electronic medium in which online communication takes place. Online libel  Article III Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety or public health, as may be prescribe by law.  Article III Section 9. Private property shall not be taken for public use without just compensation (Power of Eminent Domain or expropriation) Section 12. Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent… (Miranda Rights) Section 14. No person shall be held to answer for a criminal offense without due process of law.  Article III Section 15. The privilege of the writ of habeas corpus (bring over the body) shall not be suspended, except in cases of invasion or rebellion 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 Citizenship It denotes membership of a permanent character in a political community. Citizen one who owes allegiance to the state and is correspondingly entitled to its protection Sec. 1. The following are the citizens of the Philippines 1. Those who are citizens of the Philippines at the time of the adoption of this constitution; 2. Those whose fathers and 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 maturity; and 4. Those who are naturalized in accordance with the law  Methods of Acquiring Citizenship By Birth Jus Sanguinis Jus Soli or Jus Loci By Naturalization Judicial Process Legislative Process Administrative Process  Citizenship by Birth Jus Sanguinis – relationship by blood is the basis of the acquisition of citizenship under this rule Jus Soli or Loci – place of birth is the basis for acquiring citizenship under this rule The Philippines adheres to the jus sanguinis principle  Citizenship by Naturalization a person acquires a citizenship different from that person’s citizenship at birth Administrative Naturalization under Republic Act No. 9139  Article V - Suffrage Is the right and obligation to vote of qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people  Scope of Suffrage Election – a political exercise whereby the sovereign people choose a candidate to fill up an elective government position. (2nd Monday of May/ every 3 years) Plebiscite – a political right of the sovereign people to ratify or reject constitutional amendments or proposed laws Referendum – the right reserved to the people to adopt or reject any act or measure which has been passed by a legislative body  Scope of Suffrage Initiative – the power of the people to propose bills and laws, and to enact or reject them at the polls, independent of the legislative assembly. (12% of the registered voters) UNANIMOUS STAND | All 24 senators show a signed manifesto expressing their opposition to the House of Representatives’ alleged moves to amend the Constitution through a people’s initiative  Article V - Suffrage At least 18 years old Have resided in the Philippines for at least one year and in the place wherein they proposed to vote for at least six months immediately preceding the election  Article VI – Legislative Department Legislative Power The authority under the Constitution to make laws and to alter and repeal them Laws Refer to statutes, which are written enactments of the legislative governing the relations of the people among themselves and between them and the government and its agencies  Legislative Department 2 Chambers: 1. Senate 2.House of Representatives  The Senate Composition and Election – it is composed of 24 senators who are elected at large by qualified voters as may be provided by law Term of Office – six years (may be reelected for not more than two terms)  Qualifications of a Senator 1. A natural born citizen of the Philippines 2. At least 35 years of age on the date of the election day 3. Able to read and write 4. A registered voter 5. A resident of the Philippines for not less than two years immediately proceeding election day  The House of Representatives Composition and Election/ Selection – composed of not more than 250 members popularly known as Congressmen elected from legislative or congressional districts and through party list system Term of Office – three years (may be re-elected for not more than three terms) The House of Representatives  Qualifications of a Representative 1. A natural born citizen of the Philippines 2. At least 25 years of age on the date of the election day 3. Able to read and write 4. A registered voter (except for party-list) 5. A resident thereof, for a period of not less than one year preceding the election day  The Party List System Based on the Constitution, the different sectors of the Philippine society like the farmers, labor, education, women, youth, and others except the religious sector shall be represented in Congress.  Duties of Legislative Department enact laws approve the annual budget of the government ratify treaties and agreements between the Philippines and other countries conduct inquiries and investigations in aid of legislation declare the existence of a state of war (vote of 2/3) impose taxes (initiated by the House of Representatives) impeach government officials  The Congress holds regular sessions throughout the year starting on the fourth Monday of July until June of the succeeding year  The 3 Branches of Government Legislative Executive Judicial Congress Upper House (Senate) Lower House (House of Representatives)  Article VII – Executive Department Section 1. the executive power shall be vested in the President of the Philippines Executive Power – defined as the power to administer the laws Philippine Presidents  For each… Executive Nation President Vice President Cabinet Members Autonomous Region Regional Governor Province Governor Vice Governor Municipality of city Mayor Vice Mayor Barangay Barangay Captain  Presidential Electoral Tribunal The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice President, and may promulgate its rules for the purpose.  Term of Office The President will serve for a term of six years without any re- election. No VP shall serve for more than 2 consecutive terms.  Succession 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. https://www.bworldonline.com/the-nation/2022/06/30/458647/completing-cabinet-team-is-top-task-as-marcos-begins-term/ https://www.voanews.com/a/duterte-s-daughter-takes-oath-as-philippine-vice-president/6623604.html  Qualifications of the President and Vice President Natural born citizen of the Philippines Registered voter Able to read and write At least 40 years of age Resident of the Philippines for at least 10 years before the election is held  Powers of the President Appointing Power Power to revoke any appointments Power of control over all executive departments Military power Power to grant reprieve, commutations and pardons Power to contact and guarantee foreign loan Power to enter into treaties or international agreement Budgetary power Power to address the Congress  Prohibited Appointments May not appoint (a) spouse; or (b) relatives by consanguinity or affinity within the fourth civil degree as members of Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen heads of bureaus or offices, including government- owned or controlled corporation and their subsidiaries.  Immunity of the President It is equally elementary that incumbent Presidents are immune from suit or from being brought to court during the period of their incumbency and tenure.  Martial Law Powers (Sec. 18) Grounds: invasion or rebellion, when public safety requires it. Duration: not more than 60 days, following which it shall be lifted, unless extended by Congress. Duty of the President: report to Congress within 48 hours personally or in writing. https://www.bbc.com/news/world-asia-40022529  Pardoning Power (Sec. 19, Art. VII) Commutation – reduction or mitigation of the penalty Reprieve – postponement of sentence or stay of execution Parole – release from imprisonment, but without full restoration of liberty, as paroles is int the custody of the law although not in confinement.  Pardoning Power (Sec. 19, Art. VII) Pardon – act of grace which exempts individual on whom it is bestowed from punishment which the law inflicts for a crime he has committed. Kinds of Pardon: 1. Plenary or absolute 2. Conditional Article VIII – Judicial Department  Article VIII – Judicial Department Section 1. the Judicial Power shall be vested in the Supreme Court and in such lower courts as may be established by the law Judicial Power – is the power to apply the law to contest and disputes concerning legally recognized rights or duties between the state and private person.  Article VIII – Judicial Department Section 4. The Supreme Court shall be composed of the Chief Justice and 14 Associate Justices It may sit en banc (as a body) or in its discretion, in divisions of three, five, or seven members Qualifications for members of the Supreme Court and any lower collegiate court He must be a natural born citizen of the Philippines He must be at least forty years of age He must have, for fifteen years or more, been a judge of a lower court or engaged in the practice of law in the Philippines He must be a person of proven competence, integrity, probity and independence  Chief Justice Alexander G. Gesmundo  Power of the Supreme Court settle actual controversies involving rights which are legally determinable and enforceable determine whether there has been a grave abuse of power on the part of any branch of the government  Judicial and Bar Council the Chief Justice as ex officio Chairman the Secretary of Justice, ex officio member a representative of the Congress as ex officio member a representative of the Integrated Bar a professor of law a retired Member of the Supreme Court a representative of the private sector  Judicial and Bar Council The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. The Members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation. The Organization of Court  Court of Tax Appeals Republic Act No. 1125 (amended by R.A. 9282) It has the exclusive power to review on appeal the decisions of the Commissioner of Internal Revenue involving internal revenue taxes and the decisions of the Commissioner of Customs regarding customs duties.  Sandiganbayan Created by Presidential Decree No. 1606 whose function is to hear and decide on cases of corruption involving government officials and employees with SG 27 and above in the performance of their duties  Shariah Court Created by Presidential Decree No. 1083 “Code of Muslim Personal Laws of the Philippines” Shariah courts handle cases or complaints such as divorce, property or real estate disputes, child support, dowry questions, determination of degrees of affinity or consanguinity, and like cases  Article IX – Constitutional Commissions The Philippine Constitutional Commissions Civil Service Commission Commission Commission on Elections on Audit  Article IX – Constitutional Commissions Their creation is established in the Constitution because of the extraordinary importance of their functions and the need to insulate them from undesired political interference or pressure.  Civil Service Commission Civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters. (Sec 2(1), Article IX-B Constitution)  The Civil Service Commission The Chairman and the Commissioners shall be appointed by the President with consent of the Commission on Appointments for a term of seven years without reappointment.  Commission on Election The Commission on Elections is composed of a Chairman and six Commissioners 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.  Commission on Audit The Commission on Audit is composed of a Chairman and two Commissioners 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.  Article X – Local Government Local Government It refers to a political subdivision of a nation or state, is constituted by law and has substantial control of local affairs which officials elected or otherwise locally selected The implementing law for this Article is Republic Act 7160 or the Local Government Code of 1991.  Local Government Units 1. Region – sub-national administrative unit comprising of several provinces 2. Province – largest unit in the political structure of the Philippines 3. City (highly urbanized, independent component and component) 4. Municipality – political corporate body which is endowed with the facilities of municipal corporation 5. Barangay - smallest political unit into which cities and municipalities are divided Article XI – Accountability of Public Officers 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.  Impeachment the process by which a legislative body addresses charges against a government official a process of removing the officials of the government as provided by the Constitution who have fixed terms of office  Officials Removable by Impeachment 1. The President and Vice-President 2. Members of the Supreme Court 3. Members of the Constitutional Commissions 4. The Ombudsman  Grounds for Impeachment 1. Culpable violation of the Constitution 2. Treason 3. Bribery 4. Graft and corruption 5. Other high crimes 6. Betrayal of public trust  Commencement of Impeachment Section 3. The House of Representatives shall have the exclusive power to initiate all cases of impeachment. (a vote of at least one- third of all the Members of the House) Section 3. The Senate shall have the sole power to try and decide all cases of impeachment.  The Ombudsman Art. XI Sec. 5 of the 1987 Constitution provides that there must be an independent office of the Ombudsman, composed of the Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for the Luzon, Visayas and Mindanao and one Deputy for the military establishment.  The Ombudsman An official who is charged with representing the interests of the public by investigating and addressing complaints of maladministration or a violation of rights appointed by the President from a list of three nominees prepared by the Judicial and Bar Council, without the need for confirmation by the Commission on Appointments. investigate upon his own initiatives or upon complaints of any person. The Ombudmsan  Article XII – National Economy and Patrimony National Economy – refers to the total structure of economic life of a country National Patrimony – natural resources of a country which, under the Constitution, includes all lands of the public domain, waters, minerals, coal, petroleum The exploration, development and utilization of natural resources shall be under the full control and supervision of the State.  Regalian Doctrine Section 2. All lands of the public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State.  Article XIII – Social Justice and Human Rights Social Justice “promotion of the welfare of all the people, the adoption by the government of measures calculated to insure economic stability of all the component elements of society…”  Article XIII – Social Justice and Human Rights Labor – Presidential Decree No. 442 or the Labor Code is the law that protects and promotes the rights of all workers. Agrarian and Natural Resources Reform – Republic Act No. 6657 (Comprehensive Agrarian Reform Law) and Republic Act No. 7880, implement these provisions of the Constitution. Urban Land Reform and Housing Health – RA 7305 – Magna Carta for Public Health Workers Magna Carta for Women  Article XIII – Social Justice and Human Rights There is hereby created an independent office called the Commission on Human Rights. The Commission shall be composed of a Chairman and four members who must be natural-born citizens of the Philippines.  Human Rights Education Executive Order No. 27 Issued on July 4, 1987, this law seeks to include courses or subjects on human rights in the school curricula, in textbooks, and other reading materials and in the qualifying examinations on government service.  Article XIV – Education, Science and Technology, Arts, Culture and Sports The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all  Legal Bases in Education Batas Pambansa Blg. 232 R.A. 6655 – Free Public Secondary Education R.A. 10157 – Kindergarten Education R.A. 10533 – Enhanced Basic Education – Senior High School R.A. 10931 – Universal Access to Tertiary Education  Language The national language of the Philippines is Filipino  Republic Act No. 7104 Created the Commission on the Filipino Language (Komisyon sa Wikang Filipino) Mandated to ensure and promote the evolution, development and further enrichment of Filipino as the national language of the Philippines, on the basis of existing Philippine and other languages.  Article XV – The Family Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development Section 2. Marriage, as an inviolable institution, is the foundation of the family and shall be protected by the State.  Article XVI – General Provisions Republic Act No. 8491 Code of the National Flag, Anthem, Motto, Coat of Arms This law provided that a daily flag ceremony shall be compulsory in all educational institutions. This includes the singing of the Philippine National Anthem. National Motto – “Maka-Diyos, Maka- Tao, Makakalikasan at Makabansa”  Article XVI – General Provisions The flag of the Philippines shall be red, white and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law  The Armed Forces of the Philippines It shall be composed of a citizen armed force which shall undergo military training and serve, as may be provided by law. It shall keep a regular force necessary for the security of the State  The Philippine National Police (Republict Act No. 6975) The state shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission  Mass Media The ownership and management 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 Congress may create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities Republic Act No. 8371 known as Indigenous People’s Rights Act  Article XVII – Amendments or Revisions a change effected in some parts of Amendment the Constitution without considering the whole document a rewriting or changing of the Revision Constitution in its entirety Stages in the Amendments or Revisions 1. Proposal 2. Ratification (by the people in a plebiscite)  Constituent Assembly Any amendment to, or revision of, this Constitution may be proposed by a. Congress, upon vote of three-fourths of all of its members (Sec. 1, Art. XVII)  Constitutional Convention Congress may, by a vote of two-thirds of all its members, call a constitutional convention (Section 3, Article XVII) If Congress gets 2/3 vote of all its members, it shall enact a law creating a constitutional convention  Peoples Initiative Amendments to this Constitution may likewise be directly proposed by the people through initiative Upon a petition of at least 12% of the total no. of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein. (Section 2, Article XVII)  Ratification Any amendment to, or revision of, this Constitution shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than 60 days nor later than 90 days after the approval of such amendment or revision (Section 4, Article XVII).  Article XVIII – Transitory Provisions These are appended to provide for the transition from old government under the former Constitution to the new government as provided by the new Constitution  PREAMBLE + 18 ARTICLES Article XVI – General Provision Article XVII – Amendments or Revisions Article XVIII – Transitory Provisions