PHILIPPINE GOVERNMENT AND CONSTITUTION Course Guide A: Course Overview: This course presents basic concepts, principles, processes,

rights and institutions necessary for the understanding of the framework of the Philippine Government and the fundamental charter from which it is founded (the Constitution). B: Course Goals: At the end of the semester, you are expected to: 1. Acquire basic knowledge regarding the concepts and principles behind Philippine Government and Constitution; 2. to apply this basic knowledge for you to critically analyze and formulate intelligent opinions on certain political issues besetting the Philippine government; and 3. to better exercise your rights and discharge your corresponding obligations to others as responsible members of a democratic society. C: Materials: In taking this subject, you are required to secure a copy of this course guide as well as all of the modules containing the topics to be covered and study guides, if any. You must also refer to any of the updated editions of textbooks on the subject and to the 1987 Philippine Constitution. Newspaper broadsheets and journals will also be used in relating concepts being studied to contemporary political issues.

D. Topics and Subject Matter: PRELIM I. Politics, Power and Authority 1. Concepts of Politics a. Neutral Concept

b. Evaluative Concept c. Pejorative Concept 2. Power: The Tool of Politics a. Views on Power a.1. Conservative View a.2. Liberal View a.3. Radical View b. The Bases of Authority (Legitimate Power) by Max Weber b.1 Traditional Authority b.2 Charismatic Authority b.3 Legal-Rational Authority II. The Concept of the State, Government and Constitution 1. The Statea. Definitionb. Physical and Political Element 2. The Government a. General and Specific Functions of the Government b. The Inherent Powers of the Government Power of Eminent Domain Police Power Power of Taxation

c. Classification and Forms of Government c.1 According to Seat of Power Monarchy Oligarchy or Aristocracy Democracy Dictatorial Government Military Governmentc. 2. According to Legitimacy De Facto (Government of Force) De Jure (Government of Law) c.3 According to the relationship between the three branches of government

Presidential Parliamentary c.4 According to the extent of power of the national government Unitary Federal 3. The Constitution a. Nature and Purpose of the Constitution b. Classification and Forms b.1 According to Origin Conventional or Enacted Cumulative or Evolved b.2 According to Form Written Unwritten b.3 According to difficulty of amendment or revision Rigid or Inelastic Flexible or Elastic c. Methods of Constitutional Amendments or Revisions Constitutional Convention Constituent Assembly Initiative MIDTERM III. The Preamble and the Philippine National Territory (Art. I) 1. Meaning and Objective of a Preamble 2. National purposes and aims in adopting the Philippine Constitution as set forth in the preamble 3. The importance of defining the national territory 4. Scope of the Philippine national territory 5. The Archipelagic Principle of Territoriality

6. Philippine Territorial Claims IV. The National Principles of the Philippine Republic (Art. II)

1. The Philippines being a democratic and republican state. (Sec. 1) a. Manifestations of a Republican State. right of minority

and check and balances -passage of irrepealable laws -suability of the State b. Means through which Filipinos exercise sovereignty

2. Principles governing foreign policy. (Sec. 2) a. Renunciation of [aggressive] war as an instrument of national policy. b. Adoption of international law as part of the law of the land. c. Adherence to the policy of peace, equality, justice, freedom, cooperation and amity with all nations. 3. The supremacy of civilian authority over military authority (Sec. 3)

4.To serve and protect the people as the prime duty of the government (Sec. 4) 5. Peace and order; protection of life, liberty and property and promotion of general welfare as essential factors for the enjoyment of the blessings of democracy. (Sec.5)

6. The inviolability of the separation of Church and State. (Sec. 6) d State

V. Human Rights 1. Definition of Right2. Classes of Rights a. Natural Rights b. Constitutional Rights Political Rights Civil Rights Rights of the Accused c. Statutory Rights 4. The Term in Legal Context a. Civil Personality Natural Person Juridical Person b. Political Personality (Citizenship) 4. Classes of Constitutional Rights a. Civil Right Social and Political Rights Rights of the Accused b. Political Rights5. Social and Economic Rights a. Right to life, liberty and property (Art. III, Sec.1) Meaning of deprivation of life, liberty and property b. Right to due process of law (Sec.1) Meaning of due process of law Aspects of due process of law (procedural and substantive due process)

c. Right to equal protection of the laws (Art. III, Sec. 1) d. Right against unreasonable searches and seizures (Art. III, Sec. 2) Meaning of Search Warrant and Warrant of Arrest Requirements for the issuance of a warrant Instances when searches and seizures can be done without a warrant. The Plain View Doctrine e. Right to privacy of communication and correspondence (Art. III, Sec. 3)DEPARTMENTAL f. Freedom of Expression (Art. III, Sec. 4) Speech Press Assembly Petition Association (Art. III, Sec. 8) Religious freedom (Art. III, Sec. 5) Tests of Reasonable Restrictions on the Freedom of Expression (Obscenity Test,Clear and Present Danger Test and Dangerous Tendency Test) g. Liberty of Abode and the Right to Travel (Art. III, Sec. 6) h. Right to just compensation for private property taken for public use. (Sec. 9) i. Right to education (Art. XIV, Sec. 1 and 2) j. Right to labor (Art. XIII, Sec. 3) k. Right to health (Art. II, Sec. 18 / Art XIII, Sec. 11-12) 6. Rights of the Accused (Art. III, Sec. 11 - 21) VI. Citizenship (Article IV) 1. Meaning and Implications of Citizenship 2. Methods of Acquiring Citizenshipa. Involuntary Method Jus sanguinis Principle

Voluntary Method (Naturalization)

3. Kinds of Citizena. Natural-Bornb. Naturalized VII. Suffrage (Article V) 1. Meaning of Suffrage 2. Forms of Suffragea. Election b. Recall c. Plebiscited . Referendume . Initiative 3. Qualifications of Filipino Voters FINAL VIII. The Three Branches of the Philippine Government A. Legislative Department (Article VI) 1. The Philippine Congress a. Composition

c. Powers of Congress gislative Powers

d. Sessions of Congress

Executive 2. Meaning of a Bill, Statute and Resolution 3. Steps in the Passage of a Bill B. The Philippine Executive Branch (Article VII) 1. Meaning of Executive Power

2. Qualifications, Term of Office and Maximum Terms of the President and the Vice-President 3. Powers of the President 4. The Cabinet and Government Executive Agencies

C. The Philippine Judicial Branch (Article VIII) 1. Meaning and Scope of Judicial Power 2. Organization and Jurisdiction of Philippine Courts 3. Powers of the Supreme Court 4. Qualifications for the members of the Supreme Court IX. Constitutional Commissions (Art. IX) Civil Service CommissionCommission on Audit Office of the Ombudsman (Art. XI, Secs. 5-14) Commission on Human Rights (Art. XIII, Secs. 17-19) Electoral Tribunals Commission on Appointments in Congress (Art. VI, Sec. 17-19) X. Accountability of Public Officers (Art. XI) The Nature of Public Office (Sec. 1) Grounds for Disciplinary Action in the Civil Service Impeachment a. Meaning , Nature and Purpose of Impeachment b. Impeachable Officials c. Grounds, Procedures and Penalty for Impeachment Cases Removal of Other Officials Members of Congress (Art. VI, Sec. 16[3]) Lower court judges (Art. IX, Sec. 11) CSC Officers and Employees (Art. IX, B-Sec. 2[3])

Cabinet Members Sandigan bayan: Anti-Graft Court Office of the Ombudsman (Tanodbayan) E. Course Requirements: To pass the course, you must attend classes regularly and obtain a passing average of the marks of the four (4) periods (Prelim, Midterm, Departmental, and Final). Other requirements include written compositions, case studies/analysis and participation in a graded recitation to be conducted towards the end of every grading period.