Political Science

Departmental Exam Reviewer: 1987 Philippine
Constitution
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Political Science
Meaning of Political Science
is the systematic study of the state and government
political is derived from the Greek word polis which means city
science comes from the word scire which means to know
State
A 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.
Origin of states
Divine right theory it holds that the state is of divine creation and the
ruler is ordained by God to govern the people.
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.
Paternalistic theory it attributes the origin of states to the enlargement of
the family which remained under the authority of the father or mother.
Social Contract theory - formed by deliberate and voluntary compact
among the people to form a society.
State vs. nation
State is a political concept while nation is an ethnic concept.
State must possess the four elements while nation is a group of people bound together by
certain characteristics such as common origin, language, customs, traditions.
Exclusive use for students enrolled under AFYC; Unauthorized Distribution is

Strictly Prohibited. This is only Supplemental Notes, and will NEVER replace your
personal notes and Class Discussions.
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Elements of State
The state has four (4) essential elements.
o
o
o
o
People
Territory
Government
Sovereignty
People
Refers to the mass population living within the state.

Must compose of men and women to be able to procreate
No requirement as to number of people but it should neither too small nor too large: small
enough to be well-governed and large enough to be self-sufficing.
Territory
It includes not only the land over which the jurisdiction of the state extends but also the
rivers and lakes therein. Thus the domain of the state may be describe as: Terrestrial,
fluvial, aerial
Government
It refers to the agency through which the will of the state is formulated, expressed, and
carried out.
Administration refers to person or group of persons in whose hands are placed for time
being the function of political control.
State vs. Government
A government is only an element of state.
A state cannot exist without a government but it is possible to have a government without
a state.
Purpose and Necessity of Government
Advancement of public welfare
- it is necessary for the protection of society and its members.
Consequence of absence
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- without an organized structure of government, anarchy and disorder and a

general feeling of fear and insecurity will prevail and development will not be possible.
Forms of Government
As to number of persons exercising sovereign powers:
- Monarchy supreme and final authority is in the hands of a single

person.
Kinds of Monarchy :
Absolute monarchy
Limited monarchy
Aristocracy political power is exercised by a few previliged class.
Democracy political power is exercised by a majority of the people.

Kinds of democracy
1. direct or pure democracy
2. indirect, representative or republican
democracy
As to extent of powers exercised by the central or national government:
Unitary government the control of national and local affairs

is exercised by the central or national government.
Federal government - 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.
As to the relationship between the executive and the legislative branches of government:

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Parliamentary government - there is fusion of powers of the

two branches of the government.
Presidential government - there is separation of powers. The

executive branch is independent from the legislative
department.
Sovereignty
The supreme power of the state to command and enforce obedience to its will from the
people within its territory and free from foreign control.
Types of sovereignty
Internal Sovereignty
External Sovereignty
The Evolution of the Government and its

Constitution
PRE-SPANISH GOVERNMENT
The Barangay is earliest unit of the Government.
- it is named after balangay, a Malayan word which means
boat
Each barangay was ruled by a chief called DATU or SULTAN/RAJAH

Early laws are written and unwritten which were promulgated by the
datus.
SPANISH GOVERNMENT
Philippines was discovered by Ferdinand Magellan in 1521 and
consummated by Miguel Lopez de Legazpi.
The powers of the government were actually exercised by the
Governor General who resided in Manila.
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The Royal Audiencia was the Supreme Court of the Philippines during
Spanish times.
Revolutionary Government
The Katipunan Government it was organized by Andres Bonifacio.
The Biak-na-Bato Republic a government organized by Gen.
Aguinaldo
The First Philippine Republic the Proclamation of Philippine
Independence made by Gen. Aguinaldo in Kawit, Cavite on June 12,
1898 and framed the Malolos Constitution.
AMERICAN GOVERNMENT
The American Military rule in the Philippines.
The Spooner Amendment ended the Military regime in the
Philippines and a Civil Government was inaugurated on July 4, 1901
The Commonwealth Government was established pursuant to
Tydings-McDuffie Law.
Birth of the 1935 Constitution
The 1973 Constitution

The 1935 was revised by the 1973 Constitution establishing a
parliamentary form of government.
The President of the Philippines through Proclamation No. 1102 on
January 17, 1973 certified and proclaimed that the 1973 constitution
was ratified and given effect.
1987 Constitution
The 1987 Constitution was drafted by a Constitutional Commission.
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It was ratified by the people in the plebiscite held on February 2, 1987.
Meaning of Constitution
Body of rules and principles in accordance with which the powers

of sovereignty are regularly exercised.
Constitution of the Philippines, it may be defined as that

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.
Nature and Purpose
Serve as the supreme or fundamental law it is binding on all

individual citizens and all organs of the government.
Establishes basic framework and underlying principles of

government prescribe the permanent framework of the system of
government and protect the rights of individual against arbitrary
actions of those in authority.
Kinds of Constitution
As to their origin and history
Conventional or enacted one which is enacted by a
constituent assembly. There is a formal and deliberate
enactment.
Cumulative or evolved one which is the product of growth
or a long period of development originating in customs,
traditions, judicial
As to their form:

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Written one which has been given definite written form at

a particular time, usually by a specially constituted
authority.
- advantage and disadvantage
Unwritten one which is a product of political evolution
consisting largely of a mass of customs and tradition.
As to manner of amending them:
Rigid or inelastic cannot be amended or altered except by
some special machinery more cumbrous than the ordinary
legislative process.
- regarded as a document of special sanctity
Flexible or elastic one which possesses no higher legal
authority than ordinary laws and can be amended the
same way as ordinary laws.
Requisites of a good written Constitution
As to form:
Brief if a constitution is too detailed, it would lose the
advantage of a fundamental law.
b. Broad requires that it be as comprehensive as
possible.
c. Definite it must not be vague, that may cause
opposing interpretations of essential features that may
cause harm.
As to contents
Constitution of government; it deals with the framework of
government and its powers.
Constitution of liberty; set forth the fundamental rights of the
people and limitations on powers of the government.
Constitution of sovereignty; mode of amending and revising
the constitution.
Interpret the Consitution
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There are three well-settled principles of constitutional construction:

Verba legis; that is, wherever possible, the words used in
the Constitution should be given their ordinary meaning except
where technical terms are employed;
Ratio legis est anima, meaning that the words of the
Constitution should be interpreted in accordance with the intent of
its framers
Ut magis valeat quam pereat, meaning that the Constitution is
to be interpreted as a whole
ARTICLE XVII: AMENDMENTS AND REVISIONS

Section 1. Any amendment to, or revision of, this Constitution may
be proposed by:
(1)The Congress, upon a vote of three-fourths of all its
Members; or
(2)A constitutional convention.
Section 3. The Congress may, by a vote of two-thirds of all its
Members, call a constitutional convention, or by a majority vote of
all its Members, submit to the electorate the question of calling
such a convention.
1) Amendment: an alteration of one or a few specific provisions of the
Constitution. Its main purpose is to improve specific provisions of the
Constitution. The changes brought about by amendments will not affect the
other provisions of the Constitution.
2) Revision: An examination of the entire Constitution to determine how
and to what extent it should be altered. A revision implies substantive
change, affecting the Constitution as a whole.
Three (3) steps necessary to give effect to amendments and
revisions:
1) Proposal of amendments or revisions by the proper constituent assembly;
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2) Submission of the proposed amendments or revisions; and

3) Ratification
Proposal of amendments or revision:
Amendments or Revision may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all
its members.
B. Constitutional Convention:
How a Constitutional Convention may be called
a). Congress may call a ConCon by a 2/3 vote of all its members;
or
b). By a majority vote of all its members, Congress may submit
to the electorate the question of whether to call a ConCon or not.
Section 2. Amendments to this Constitution may likewise be directly
proposed by the people through initiative upon a petition of at least
twelve per centum of the total number of registered voters, of
which every legislative district must be represented by at least
three per centum of the registered voters therein. No amendment
under this section shall be authorized within five years following the
ratification of this Constitution nor oftener than once every five
years thereafter.
The Congress shall provide for the implementation of the
exercise of this right.
Peoples Initiative
1) Petition to propose such amendments must be signed be at least 12% of
ALL registered voters.
2) Every legislative district represented by at least 3% of the registered
voters therein.
3) Limitation:
- It cannot be exercised oftener than once every 5 years
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* RA 6735: An Act Providing for a System of Initiative and Referendum and

Appropriating Funds Thereof
Section 4.Any amendment to, or revision of, this Constitution under
Section 1 hereof shall be valid when ratified by a majority of the
votes cast in a plebiscite which shall be held not earlier than sixty
days nor later than ninety days after the approval of such
amendment or revision.
Any amendment under Section 2 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which shall be
held not earlier than sixty days nor later than ninety days after the
certification by the Commission on Elections of the sufficiency of the
petition.
1)
Amendments and revisions proposed by Congress and/or by a

ConCon:
a)
Valid when ratified by a MAJORITY of votes cast in a

plebiscite.
b)
Plebiscite is held not earlier than 60 days nor later than 90
days from the approval of such amendments or revisions.
2)
Amendments proposed by the people via initiative:

a)
Valid when ratified by a MAJORITY of votes cast in a
plebiscite.
b)
Plebiscite is held not earlier than 60 days nor later than 90
days after the certification by COMELEC of the petitions sufficiency
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
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under the rule of law and a regime of truth, justice, freedom, love, equality, and peace,
do ordain and promulgate this Constitution.
Meaning of PREAMBLE
-
It is derived from the Latin word preambulare which means to walk

before.
It is an introduction to the main subject.
It is the prologue of the Constitution.
Preamble is not essential in a constitution

-
It cannot be invoked as a source of a private right enforceable by the

courts or of any governmental power.
Object and Value of Preamble

-
It tells us who are the authors of the Constitution and for whom it has
been promulgated
Established the basic principle underlying the fundamental charter.
Our Preamble is in the form of a collective prayer.

- Belief in God stressed
-
Acknowledge God as the source of their authority.
Article 1: National Territory

The national territory 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 sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. 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.
The Philippine state is an archipelago.
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7,107 islands
31,800 km. coastline
62 of 71 provinces are coastal
RP is located at the heart of Southeast Asia.

Surrounded by three prominent waters: the Pacific Ocean on the East, the South
China Sea on the West and North, and Celebes Sea on the South
THE PHILIPPINES IS A SIGNATORY AND PARTY TO THE 1982 UNITED NATIONS
CONVENTION ON THE LAW OF THE SEA (UNCLOS); SIGNED 10 DECEMBER 1982
AND RATIFIED 27 FEBRUARY 1984
The Philippines looked at the archipelago as a unity of water and islands, and
accordingly developed the archipelagic doctrine in order to protect the
territorial integrity and security of the archipelago and ensure its access to the
resources within its national waters.
As the late Sen. Tolentino pointed out, the archipelagic principle is important to
the Philippines for two reasons: national security and exclusive exploitation of
the living and mineral resources of the waters, seabed and subsoil thereof, in the
baselines.
According to him national security is endangered if warships of foreign countries

can enter at will the waters within the archipelago, between the islands, with alien
submarines playing hide and seek in the very heart of the country. The
archipelagic principle is imperative for national safety, as protection from alien
intruders.
He further added that at the same time, the archipelagic principle is necessary to
protect the resources at the sea. Philippine waters are rich fishing grounds and
potential sources of oil and minerals. If people from other countries with better
technology and know-how can freely enter these waters, they can easily deplete
them of marine resources.
Importance of knowing our National Territory
National Security

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Penal Jurisdiction
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Article 2: 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.
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.
-
Aggressive war is prohibited under this section and not war in defense.
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.
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 the fulfillment
thereof, all citizens may be required, under conditions provided by law, to render
personal, military or civil service.
Section 5. The maintenance of peace and order, the protection of life, liberty, and
property, and promotion of the general welfare are essential for the enjoyment by all
the people of the blessings of democracy.
Section 6. The separation of Church and State shall be inviolable.
STATE POLICIES
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 right to self-determination.

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Section 8. The Philippines, consistent with the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its territory.
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 policies
that provide adequate social services, promote full employment, a rising standard of living,
and an improved quality of life for all.
Section 10. The State shall promote social justice in all phases of national development.
Section 11. The State values the dignity of every human person and guarantees full respect
for human rights.
Section 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally protect
the life of the mother and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and nationalism, and encourage their involvement in
public and civic affairs.
Section 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.
Section 15. The State shall protect and promote the right to health of the people and instill
health consciousness among them.
Section 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.
Section 17. The State shall give priority to education, science and technology, arts, culture,
and sports to foster patriotism and nationalism, accelerate social progress, and promote total
human liberation and development.
Section 18. The State affirms labor as a primary social economic force. It shall protect
the rights of workers and promote their welfare.
Section 19. The State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.

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Section 20. The State recognizes the indispensable role of the private sector, encourages
private enterprise, and provides incentives to needed investments.
Section 21. The State shall promote comprehensive rural development and agrarian
reform.
Section 22. The State recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.
Section 23. The State shall encourage non-governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and information in nationbuilding.
Section 25. The State shall ensure the autonomy of local governments.
Section 26. The State shall guarantee equal access to opportunities for public service,
and prohibit political dynasties as may be defined by law.
Section 27. The State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public interest.
ARTICLE IV: CITIZENSHIP

Section 1. The following are 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 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.
Notes:
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Definition of Terms
Citizenship is a term denoting membership of a citizen in a political
society.
Citizen is a person having title of citizenship. He is a member of a
democratic community who enjoys full civil and political rights.
Alien is a citizen of a country who is residing in or passing through
another country.
Modes of acquiring citizenship
Involuntary method by birth
Jus Sanguinis blood relationship is the basis for

the citizenship.
Jus Soli/ Jus Loci Place of birth serves as the
basis of acquiring citizenship.
Voluntary method By naturalization
Naturalization is the act formally adopting an
alien into the political body and clothing him with
rights and privileges of citizenship.
Ways of Acquiring Citizenship by naturalization

1. By judgment of the court Possess the qualifications and
none of the disqualification.
2. By direct act of Congress
3. By administrative proceeding those who are born and
residing in the Philippines.
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.
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Natural-born citizens:
Citizens of the Philippines from birth who do not need to perform
any act to acquire or perfect their Philippine citizenship.
Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of
1987 Constitution.
Election of citizenship under the 1987 Constitution:
Prior to the 1973 Constitution, if a Filipina married an alien, she lost her
Filipino citizenship. Hence, her child would have to elect Filipino
citizenship upon reaching the age of majority. Under the 1973 Constitution,
however, children born of Filipino mothers were already considered
Filipinos.
Therefore, the provision on election of citizenship under the 1987
Constitution only applies to those persons who were born under the 1935
Constitution. In order for the children to elect Filipino citizenship, the
mothers must have been Filipinos at the time of their marriage.
So, if your mother was a Filipina who married an alien under the 1935
constitution and you were born before January 17, 1973, you can elect
Filipino citizenship upon reaching the age of majority.
Section 3. Philippine citizenship may be lost or reacquired in the
manner provided by law.
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.
How may one lose citizenship:
By naturalization in a foreign country

By express renunciation of citizenship
By subscribing oath or allegiance to a foreign Constitution

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By serving in the armed forces of an enemy country

By being a deserter of the armed forces of ones country
How may one reacquire citizenship:
By direct act of Congress

By naturalization
By repatriation
Marriage of Filipino with an alien:

General Rule: The Filipino RETAINS Philippine citizenship
Exception: If, by their act or omission they are deemed, under the
law, to have renounced it.
Example of renunciation of Philippine citizenship
Pledging allegiance to another country (ex. by becoming a naturalized
citizen of another country)
Section 5. Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law.
Mercado vs Manzano GR 135083 (May 26, 1999)
Dual citizenship is different from dual allegiance. The former arises

when, as a result of the concurrent application of the different laws of
2 or more states, a person is simultaneously considered a national by
the said states.
The phrase dual citizenship in RA 7160, Sec.40(d) and in RA 7854,

Sec.20 must be understood as referring to dual allegiance.
Consequently, mere dual citizenship does not fall under this
disqualification.
Unlike those with dual allegiance, who must be subject to strict

process with respect to the termination of their status, for candidates
with dual citizenship, it should suffice if, upon the filing of their CoC,

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they elect Philippine citizenship to terminate their status as persons

with dual citizenship considering that their condition is the
unavoidable consequence of conflicting laws of different states.
ARTICLE V: SUFFRAGE
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 at 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.
Definition of Suffrage
SUFFRAGE as "a vote or voting"; "the right to vote", which make both terms
somewhat synonymous. Suffrage is an important political right appertaining to
citizenship. Each individual qualified to vote is a particle of popular sovereignty.
(Santos vs. Paredes, G.R. No. 45906 (Sup. Ct); Moya vs. Del Fierro, 69 Phil. 199)
Nature Of Suffrage
A mere Privilege it is not a natural right.
Political Right enabling the citizens to participate in the process of Government.
Qualifications of Voters
A citizen of the Philippines

At least 18 years of age
Have resided in the Philippines for at least 1 year
at least 6 months in the place where he proposes to vote.
not otherwise disqualified by law
Persons disqualified to vote:

(1) Persons sentenced by final judgment to suffer imprisonment for not less than one (1)
year. (Note: he / she shall automatically re-acquire the right to vote upon the expiration of 5
years after the service of sentence.)

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(2) Persons adjudged by final judgment of having committed any crime involving
disloyalty to the duly constituted government (e.g. rebellion, sedition, violation of the
firearms law) or any crime against national security. (Note: he / she shall automatically reacquire the right to vote upon the expiration of 5 years after the service of sentence.)
(3)
Insane or incompetent persons as declared by competent authority.
Section 2. The Congress shall provide a system for securing the secrecy and sanctity of
the ballot as well as a system for absentee voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the illiterates to vote
without the assistance of other persons. Until then, they shall be allowed to vote under
existing laws and such rules as the Commission on Elections may promulgate to protect
the secrecy of the ballot.
BRANCHES OF THE GOVERNMENT

Legislative Department
Executive Department
Judicial Department
SEPARATION OF POWERS and PRINCIPLE OF CHECK AND BALANCE
ARTICLE VI: LEGISLATIVE DEPARTMENT

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.
Legislative Power the power to propose, enact, amend and repeal laws.
Where vested? In the Congress except to the extent reserved to the people by provision on
Initiative and referendum.
under a bicameral system, the Congress is composed of the Senate and the House of
Representatives.
Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at
large by the qualified voters of the Philippines, as may be provided by law.
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Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines

and, on the day of the election, is at least thirty-five years of age, able to read and write, a
registered voter, and a resident of the Philippines for not less than two years immediately
preceding the day of the election.
Qualifications:
Natural-born citizen;
At least 35 years old on the day of election;
Able to read and write;
A registered voter; and
Philippine resident for at least 2 years immediately preceding the day of the election.
The qualifications of both Senators and Members of the House are limited to those provided by
the Constitution. Congress cannot, by law, add or subtract from thesecqualifications.
Section 4. The term of office of the Senators shall be six years and shall commence, unless
otherwise provided by law, at noon on the thirtieth day of June next following their
election.
No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption in the continuity of
his service for the full term of which he was elected.
Term of Office:
o 6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their
election.
Term Limitations:
o No Senator shall serve for more than 2 consecutive terms.
o Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
House of Representatives (Art. VI secs. 5-8)
Not more than 250 members, unless otherwise provided by law, consisting of:
1. District Representatives
2. Party-List Representatives
3. Sectoral Representatives
Term ofOffice
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3 years for 3 consecutive terms

House of Representatives
Composition: Not more than 250 members, unless otherwise provided by law, consisting of:
i. District Representatives
- elected from legislative districts apportioned among the provinces, cities, and the Metro
Manila area.
Rules on Apportionment of Legislative Districts:
1. Proportional representation based on number of inhabitants
a. Each city with a population of at least 250,000, or each province, shall have at least 1
representative. Each province, irrespective of the number of inhabitants, shall have at least 1
representative.
b. Each legislative district shall comprise, as far as practicable, contiguous, compact, and
adjacent territory.
2. Re-apportionment by Congress within 3 years after the return of each census
ii. Party-List Representatives
20% of the total number of Representatives
chosen indirectly through a party selected by voters
RA 7941 (An Act Providing For The Election Of Party-List Representatives Through The
Party-List System, And Appropriating Funds Therefor)
Parties, organizations, and coalitions must obtain at least 2% of all votes cast to obtain a
party-list seat
Those garnering more than 2% are entitled to additional seats in proportion to their total
number of votes, but may not have more than 3 seats
Disqualified:
1. Religious Sects
2. Foreign Organizations
3. Those Advocating Violence or Unlawful Means
Qualified Sectors:
1. Labor
2. Peasant
3. Fisherfolk
4. Urban Poor
5. Indigenous Cultural
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Communities
6. Elderly
7. Handicapped
8. Women
9. Youth
10. Veterans
11. Overseas Workers
12. Professionals
ELECTION (sec.8 - 9, Art. 6)
1. Regular Elections
Unless otherwise provided by law, the regular election of the Senators and the Members of the
House of Representatives shall be held on the second Monday of May.
(Sec 8, Art VI)
2. Special Election
In case of vacancy in the Senate or in the House of Representatives, a special election may be
called to fill such vacancy in the manner prescribed by law, But the Senator or Member of the
House of Representatives thus elected shall serve only for the unexpired term. (Sec 9, Art VI)
Salaries, Privileges and Disqualifications
1. Salaries
The salaries of Senators and Members of the House of Representatives shall be determined by
law.
No increase in said compensation shall take effect until after the expiration of the full term of all
the Members of the Senate and the House of Representatives approving such increase.
Senators, Members of the and House of Representatives:
Salary is Php 32,000/month
2. Freedom from arrest (Art VI Sec 11, 1987 Constitution)
A Senator or Member of the House of Representatives shall, in all offenses punishable by not
more than six years imprisonment, be privileged from arrest while the Congress is in session.
No Member shall be questioned nor be held liable in any other place for any speech or debate in
the Congress or in any committee thereof.
3. Speech and Debate Clause
First, Congressional immunity is a guarantee of immunity from answerability before an outside
forum but not from answerability to the disciplinary authority of congress itself;
Second, to come under the guarantee the speech or debate" must be one made "in Congress or in
any committee thereof."
- Each House of the Congress can discipline its members for disorderly conduct or behavior.
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What constitutes disorderly behavior is entirely up to Congress to define.

Disqualifications
May not hold any other office or employment in the government during his term without
forfeiting his seat. (Art VI Sec 13)
May not be appointed to any office created or the emoluments thereof were increased during
the term for which he was elected. (Art VI Sec 13)
Cannot personally appear as counsel before any court, electoral tribunal, quasi-judicial and
administrative bodies during his term of office. (Art VI Sec 14)
Shall not be financially interested, directly or indirectly, in any contract with, or franchise or
special privilege granted by the government during his term of office. (Art VI Sec 14)
Shall not intervene in any matter before any office of the government when it is for his
pecuniary benefit or where he may be called upon to act on account of his office. (Art VI Sec14)
Duty to Disclose
A public officer or employee shall, upon assumption of office and as often as may be required
by law, submit a declaration under oath of his assets, liabilities, and net worth.
E. Internal Government of Congress
1. Senate President
2. Speaker of the House
3. Such officers as deemed by each house to be necessary
Discipline of Members
Each house may punish its members for disorderly behavior, and with the concurrence of 2/3
of ALL its members:
1. Suspension (shall not exceed 60 days)
2. Expulsion
Other disciplinary measures:
1. deletion of unparliamentary remarks from the record
2. fine
3. imprisonment
4. censure
Sessions
Regular Sessions
Convenes once every year on the 4th Monday of July.
Continues to be in session until 30 days before the start of its next regular session, exclusive
of
Saturdays, Sundays, and legal holidays.
b. Special Sessions
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Called by the President at any time when Congress is not in session

F. Electoral Tribunals
1. Composition
3 Supreme Court Justices to be designated by the Chief Justice (The senior Justice in the
Electoral Tribunal shall be its Chairman).
6 Members of the Senate or House, as the case may be, chosen on the basis of proportional
representation from the political parties and party-list organizations.
Nature of Function
Jurisdiction: be the sole judge of all CONTESTS relating to the election, returns, and
qualifications of their respective members. ET has jurisdiction only when there is an election
contest.
G. Commission on Appointments (Sec, Art VII)
1. Composition:
a. Senate President as ex-officio chairman (shall not vote except in case of a tie.)
b. 12 Senators
c. 12 Members of the House
The 12 Senators and 12 Representatives are elected on the basis of proportional representation
from the political parties and party-list organizations. Commission on Appointments shall
confirm the appointments by the President with respect to the following positions:
Heads of the Executive Departments (except if it is the Vice-President who is appointed to the
post);
Ambassadors, other public ministers or consuls;
Officers of the AFP from the rank of Colonel or Naval Captain;
Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC
members);
b. Congress cannot by law require that the appointment of a person to an office created by such
law shall be subject to confirmation by the Commission on Appointments.
c. Appointments extended by the President to the above-mentioned positions while Congress is
not in session shall only be effective until disapproval by the Commission on Appointments
or until the next adjournment of Congress.
Powers of Congress
General (Sec Art VI)
a. Legislative Powers: (Scope: vested in Congress by the Constitution except to the extent
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reserved to the people by the provision on initiative and referendum).

powers of appropriation, taxation and expropriation
authority to make, frame and enact laws
Non-legislative Powers (Scope)
power to canvass the presidential elections;
declare the existence of war;
give concurrence to treaties and amnesties;
propose constitutional amendments;
impeach;
derivative and delegated power;
implied powers such as the power to punish contempt in legislative investigations.
Procedure for the Passage of Bills
i. Procedure for Enactment:
Introduction: must be by any member of the House of Representatives or Senate except for
measures that must originate only from the former chamber
First reading: The reading of the title and the number; the bill is passed by the Senate
President or Speaker to the proper committee
Second reading: Entire text is read and debatesare held, and amendments introduced. The bill
as approved in the second reading is printed in its final form and copies are distributed three days
before the third reading
Third reading: Only the title is read, no amendments are allowed. Vote shall be taken
immediately thereafter and the yeas and nays entered in the journal.
Sent to the other chamber: once the bill passes the third reading, it is sent to the other chamber
where it will also go under three readings
II. Submission to the President; Presidents Veto power (Sec 27, Art VI)
Every bill, in order to become a law, must be presented to and signed by the President.
If the President does not approve of the bill, he shall veto the same and return it with his
objections to the House from which it originated. The House shall enter the objections in the
journal and proceed to reconsider it.
The President must communicate his decision to veto within 30 days from the date of receipt
thereof. If he fails to do so, the bill shall become a law as if he signed it.
To override the veto, at least 2/3 of ALL the members of each House must agree to pass the
bill. In such case, the veto is overridden and becomes a law without need of presidential approval
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Effectivity of Laws Article 2 (CC)

Laws shall take effect after fifteen days following the completion of their publication in the
Official Gazette, unless it is otherwise provided. This code shall take effect one year after such
publication.
Legislative Inquiries (Sec 21, Art VI)
Requisites:
- Must be in aid of legislation
- In accordance with duly published rules of procedure
- Right of persons appearing in or affected by such inquiries shall be respected
Additional limitation: Executive Privilege
Question Hour
Art. VI, Sec. 22. The heads of departments may, upon their own initiative, with the consent of
the President, or upon the request of either House, as the rules of each House shall provide,
appear before and be heard by such House on any matter pertaining to their departments. Written
questions shall be submitted to the President of the Senate or the Speaker of the House of
Representatives at least three days before their scheduled appearance. Interpellations shall not be
limited to written questions, but may cover matters related thereto. When the security of the State
or the public interest so requires and the President so states in writing, the appearance shall be
conducted in executive session.
ARTICLE VII: Executive Department

The President
1. Qualifications, Election, Term and Oath
i. Qualifications (Sec. 2, Art VII)
natural-born citizen of the Philippines
a registered voter
able to read and write
at least forty years of age on the day of the election
a resident of the Philippines for at least ten years immediately preceding such election.
ii. Term and Election (Sec. 4, Art VII)
Elected by direct vote of the people
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Unless otherwise provided by law, the regular election for President and Vice-President shall
be held on the second Monday of May.
Canvassing of votes: Congress shall promulgate rules for canvassing of the certificates.
The Supreme Court en banc, shall be the sole judge of all contests relating to the election,
returns, and qualifications of the President, or VP, and may promulgate its rules for the
purpose.
Regular Election and Term
The President and Vice-President (who shall be elected with and in the same manner as the
President) shall be elected by direct vote of the people for a term of 6 years
Term shall begin on the noon of June 30 next following the day of election. *The regular
election for President and Vice-President shall be held on the 2nd Monday of May. (Art. VII,
Sec. 4 pars. 1 & 3).
Special Election and Term
A special election to elect the President and Vice-President shall be called by Congress,
pursuant to Art VII, Section 10, if
1. a vacancy occurs in the offices of President and Vice- President
2. more than 18 months
3. before the date of the next regular presidential electionRe-election
A. President
Not eligible for any re-election.
No person who has "succeeded" as President and has served as such for more than 4 years,
shall be qualified for any election to the same office (the Presidency) at any time
.
B. Vice President
She/he shall not serve for more than 2 successive terms. A voluntary renunciation of office for
any length of time, shall not be considered an interruption in the continuity of the service for
the full terms for which he was elected. (par 2, Sec. 4, Art VII).
iii. Oath of Office (Sec 5, Art VII)
Before they enter into office, the President, the Vice-President or the Acting President shall take
the following oath or affirmation:
Privilege and Salary
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The President shall have an official residence.

The salaries of the President and Vice-President shall be determined by law and shall not be
decreased during their tenure.
No increase in said compensation shall take effect until after the expiration of the term of the
incumbent during which such increase was approved.
The salary of the President is 60,000/month
Prohibitions (Sec 13, Art VII)
Prohibited acts:
i. Hold any other office or employment during their tenure, unless otherwise provided in the
Constitution
ii. Directly or indirectly practice any other profession
iii. Directly or indirectly participate in any business
iv. Be financially interested in any contract with, or in any franchise, or special privilege
granted by the Government or any subdivision, agency or instrumentality thereof, including
GOCCs or their subsidiaries.
v. Appoint Presidents spouse and relatives by consanguinity or affinity within the 4th civil
degree as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as
Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and
their subsidiaries.
i. Temporary or permanent vacancy in the Presidency before the term
1. President has not yet qualified (e.g. he had an operation and so he could not take his oath
of office on June 30)
2. President has not yet been "chosen" and qualified (e.g. there is a tie and Congress has not
yet broken the tie)
VP shall act as President until the President-elect shall have qualified, or shall have been
"chosen and qualified, as the case may be. (pars. 2 & 3, sec 7, Par VII).
President-elect
1. dies, or
2. becomes permanently disabled
VP elect shall become the President. (par. 4, Sec 7, Art VII)
Both President and VP
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1. have not been "chosen" or

2. have not qualified, or
3. die, or
4. become permanently disabled
Senate President, or in case of his inability, the Speaker of the House, shall act as President
until a President or a VP shall have been "chosen" and qualified. (par.5)
ii. Permanent Vacancy in the Presidency during the term
President's
1. death
2. permanent disability,
3. removal from office
(impeached), or
4. resignation
VP shall become President for the unexpired portion of the term. (par. 1)
Acting President
1. dies
2. becomes permanently
disabled
3. resigns
Congress shall by law, provide "who" shall be Acting President until the President or VP
shall have been "elected" (pursuant to Art. VII, Sec. 10) and qualified. Acting President
shall be subject to the same restrictions of powers and disqualifications.(par. 2)
Temporary Vacancy in the Presidency During the term
A vacancy in the Presidency arising from his disability can occur in any of the ff ways:
1. A written declaration by the President
2. Written declaration by the Cabinet
3. Finding by Congress by 2/3 vote that the President is disabled.
In all these cases, the Vice-President temporarily acts as the President
Removal
Impeachment, Sec. 2, Art XI.
Who are Subject to Impeachment:
The President
the Vice-President
the Members of the Supreme Court
the Members of the Constitutional Commissions
Ombudsman
Reasons for Impeachment
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culpable violation of the Constitution

treason
bribery
graft and corruption
other high crimes
betrayal of public trust.
All other public officers and employees may be removed from office as provided by law, but
not by impeachment.
Impeachment Process Art. XI, Sec. 3.
1. Who may initiate:
The House of Representatives shall have the exclusive power to initiate all cases of
impeachment.
2. Verified Complaint
3. Number of votes necessary:
A vote of at least one-third of all the Members of the House shall be necessary either to affirm a
favorable resolution with the Articles of Impeachment of the Committee
4. In case the verified complaint or resolution of impeachment is filed by at least one-third of
all the Members of the House. The same shall constitute the Articles of Impeachment, and trial
by the Senate shall forthwith proceed.
5. No impeachment proceedings shall be initiated against the same official more than once
within a period of one year.
6. The Senate shall have the sole power to try and decide all cases of impeachment. No person
shall be convicted without the concurrence of two-thirds of all the Members of the Senate.
When sitting for that purpose, the Senators shall be on oath or affirmation.
When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall
preside, but shall not vote.
POWERS OF THE PRESIDENT
Executive Power
It is the duty to implement the laws within the standards imposed by the legislature.
*This power is exercised by the President. (Sec1 Art VII)
The President shall have control of all the executive departments, bureaus, and offices. He
shall ensure that the laws be faithfully executed (Sec 17).
The powers of the President cannot be said to be limited only to the specific power enumerated
in the Constitution. In other words, executive power is more than the sum of specific powers so
enumerated.
These unstated residual powers are implied from the grant of executive power and which are
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necessary for the Pres to comply with his duties under the Constitution. [Marcos vs Manglapus
(1989)]
Control of Executive Departments
(Sec 17, Art VII)
Control is the power of an officer to alter or modify or nullify or to set aside what a
subordinate has done in the performance of his duties and to substitute one's own judgment to
that of as subordinate.
Qualified political agency doctrine (also alter ego principle)- all the different executive
and administrative organizations are mere adjuncts of the Executive Department, the heads of
the various executive departments are assistants and agents of the Chief Executive, and, except
in cases wherein the Chief Executive is required by the Constitution or by the law to act in
person or the exigencies of the situation demand that he act personally, the multifarious
executive and administrative functions of the Chief Executive are performed by and through
the executive depts., performed and promulgated in the regular course of business, are, unless
disapproved or reprobated by the Chief Executive, presumptively acts of the Chief Executive.
[Free Telephone Workers Union vs. Minister of Labor and Employment (1981)]
General Supervision of Local Governments and Autonomous Regions
The President shall exercise general supervision over local governments. (Sec 4, Art X)
The President shall exercise general supervision over autonomous regions to ensure that laws
are faithfully executed. (Sec 16, Art X)
Supervision
- Overseeing or the power or authority of the officer to see that subordinate officers perform
their duties, and if the latter fail or neglect to fulfill them, then the former may take such action
or steps as prescribed by law to make them perform these duties.
- This does not include the power to overrule their acts, if these acts are within their discretion.
Control
- Power of an officer to alter, modify, nullify or set aside what a subordinate officer had done
and to substitute the judgment of the former for that of the latter
Power of appointment
Definition: the selection, by the authority vested with the power, of an individual who is to
exercise the functions of a given office.
Two months immediately before the next presidential elections (2nd Monday of March), and
up to the end of his "term (June 30), a President (or Acting President) shall not make
appointments. (Sec 15, Art VII)
The President may grant:
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a. Reprieves
- a temporary relief from or postponement of execution of criminal penalty or sentence or a
stay of execution.
b. Commutations
- Reduction of sentence.
c. Pardon
Permanent cancellation of sentence.
- It is an act of grace proceeding from the power entrusted with the execution of the laws,
which exempts the individual on whom it is bestowed, from the punishment the law inflicts for
the crime he has committed. It is a remission of guilt, a forgiveness of the offense
Except:
(a) In cases of impeachment, and
(b) As otherwise provided in this Constitution
- No pardon, amnesty, parole or suspension of sentence for violation of
election laws, rules, and regulations shall be granted by the President without the favorable
recommendation by the Commission (on Elections.) (Sec 5, Art IX)
The President shall also have the power to grant amnesty with the concurrence of a majority of
all the Members of the Congress. (Sec 19, Art VII)
Amnesty - a sovereign act of oblivion for past acts, granted by government generally to a class
of persons who have been guilty usually of political offenses and who are subject to trial but
have not yet been convicted, and often conditioned upon their return to obedience and duty
within a prescribed time.
Powers as Commander-in-Chief
Powers as Commander-in-Chief:
a. He may call out such armed forces to prevent or suppress lawless violence,
b. He may suspend the privilege of the writ of habeas corpus, or
c. He may proclaim martial law over the entire Philippines or any part thereof.
a. Call out the AFP to prevent lawless violence
This is merely a police measure meant to quell disorder. As such, the Constitution
does not regulate its exercise radically
b. Suspend the privilege of the writ of habeas corpus
A "writ of habeas corpus" is an order from the court commanding a detaining officer to inform
the court
(i) if he has the person in custody, and
(ii) his basis in detaining that person.
The "privilege of the writ" is that portion of the writ requiring the detaining officer to show
cause why he should not be tested. Note that it is the privilege that is suspended, not the writ
itself.
Requisites:
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1) There must be an invasion or rebellion, and

2) The public safety requires the suspension.
Effects of the suspension of the privilege:
The suspension of the privilege of the writ applies only to persons "judicially charged for
rebellion or offenses inherent in or directly connected with invasion (Art. VII, Sec. 18, par. 5).
c. Proclaim Martial Law
Requisites:
1) There must be an invasion or rebellion, and
2) Public safety requires the proclamation of martial law all over the Philippines or any part
thereof.
Effects of the proclamation of martial law:
The President can:
1) Legislate
2) Order the arrest of people who obstruct the war effort
But the following cannot be done (Art. VII, Sec. 18, par. 4)
a. Suspend the operation of the Constitution.
b. Supplant the functioning of the civil courts and the legislative assemblies.
- martial law is proclaimed only because the courts and other civil institutions like Congress have
been shut down. It should not happen that martial law is declared in order to shut down the civil
institutions.
c. Confer jurisdiction upon military courts and agencies over civilians, where civil courts are
able to function. "open court" doctrine
- holds that civilians cannot be tried by military courts if the civil courts are open
and functioning.
d. Automatically suspend the privilege of the writ of habeas corpus.
- The President must suspend the privilege expressly.
The Role of Congress [Art. VII, Sec. 18, pars. 1-2]
a. Congress may revoke the proclamation of martial law or suspension of the privilege of the
writ of habeas corpus before the lapse of 60 days from the date of suspension or proclamation
b. Upon such proclamation or suspension, Congress shall convene at once. If it is not in
session, it shall convene in accordance with its rules without need of a call within 24 hours
following the proclamation or suspension.
c. Within 48 hours from the proclamation or the suspension, the President shall submit a report,
in person or in writing, to the Congress (meeting in joint session of the action he has taken).
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d. The Congress shall then vote jointly, by an absolute majority. It has two options:
(i) To revoke such proclamation or suspension.
When it so revokes, the President cannot set aside (or veto) the revocation as he normally
would do in the case of bills.
(ii) To extend it beyond the 60-day period of its validity.
- Congress can only so extend the proclamation or suspension upon the initiative
of the President. The period need not be 60 days; it could be more, as Congress would
determine, based on the persistence of the emergency.
- If Congress fails to act before the measure expires, it can no longer extend it
until the President again re-declares the measure.
The Role of the Supreme Court
[Art. VII, Sec. 18, par. 3]
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of:
(a) the proclamation of martial law or the suspension of the privilege of the writ, or
(b) the extension thereof. It must promulgate its decision thereon within 30 days from its
filing. (Sec 18 (3), Art. VII)
ARTICLE VIII: JUDICIAL DEPARTMENT

Section 1. The judicial power shall be vested in one Supreme Court and in suchlower courts as
may be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
When the judiciar y mediates to allocate constitutional boundaries, it does not asser t any
superiority over the other depar tments; it does not in reality nullify or invalidate an act of the
legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to
determine conflicting claims of authority under the Constitution and to establish for the par ties
in an actual controversy the rights which that instrument secures and guarantees to them.
Essential Requisites for Judicial Review
Actual case or controversy
This means that there must be a genuine conflict of legal rights and interests which can
be resolved through judicial determination.
Legal Standing
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A proper party is one who has sustained or is in imminent danger of sustaining a

direct injury y as a result of the act complained of
Constitutional question must be raised at the earliest possible opportunity.
Decision on the constitutional question must be determinative of the case itself.
Practice of law is not confined to litigation. It means any activity in and out of
court, which requires the application of law, legal procedure, knowledge, training and
experience. [Cayetano v. Monsod, (1991)]
B. Supreme Cour t
Composition
Chief Justice and 14 Associate Justices
May sit en banc or in divisions of three, five, or seven Members
Vacancy shall be filled within 90 days from the occurrence thereof
Powers: Jurisdiction
Original
Cases af fecting ambassadors, other public ministers and consuls [Art. VIII, Sec. 5(1)];
Petitions for cer tiorari, prohibition, mandamus, quo warranto, and habeas corpus [Ar t. VIII,
Sec. 5(1)];
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 [Ar t. VII, Sec. 4, par. 7];
Sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus or the extension thereof [Ar t. VII, Sec. 18, par. 3].
Appellate
Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules
of Court may provide, final judgments and orders of lower courts in:
All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
All cases in which the jurisdiction of any lower court is in issue.
All criminal cases in which the penalty imposed is reclusion perpetua or higher.
All cases in which only an error or question of law is involved.
Rule-making :
Ar t. VIII, Sec. 5. The Supreme Cour t shall have the
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following powers:
xxx
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the admission to the
practice of law, the integrated bar, and legal assistance to the under-privileged.
The writ of amparo is a remedy available to any person whose right to life, liberty, and
security has been violated or is threatened with violation by an unlawful act or omission
of a public official or employee, or of a private individual or entity. The writ covers
extralegal killings and enforced disappearances or threats thereof.(Sec. 1, Rule on the
Writ of Amparo, A.M. No. 07-9-12-SC, 25 September 2007)
The word "Amparo" is a Spanish term which means "protection". The concept of the writ
is of Mexican origin.
A Writ of Kalikasan is a legal remedy under Philippine law which provides for the
protection ones right to a balanced and healthful ecology in accord with the rhythm
and harmony of nature, as provided for in Section 16, Article II of the Philippine
Constitution. It is compared with the writ of amparo but protects ones right for a healthy
environment rather than constitutional rights.
The writ of habeas data is a remedy available to any person whose right to privacy in
life, liberty or security is violated or threatened by an unlawful act or omission of a public
official or employee, or of a private individual or entity engaged in the gathering,
collecting or storing of data or information regarding the person, family, home and
correspondence of the aggrieved party.
Manner of Sitting and Required Votes
En banc
- decided with the concurrence of a majority of the Members who
actually took par t in the deliberations and voted.
Instances when the SC sits en banc: (C-DDMM-PO)
Those involving the constitutionality, application, or operation of:
- Treaty
- Orders
- International or executive
- agreement
- Law
- Presidential decrees
- Instructions
- Proclamations
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- Ordinances
- Other regulations
- Exercise of the power to discipline judges of lower courts, or order their
dismissal [Ar t. VIII, Sec. 11]
- Cases or matters heard by a division where the required number of votes to decide or resolve
(the majority of those who took part in the deliberations onthe issues in the case and voted
thereon and in no case less than 3 members) is not met [Ar t. VIII, Sec. 4(3)]
- Modifying or reversing a doctrine or principle of law laid down by the court in a
decision rendered en banc or in division [Ar t. VIII, Sec. 4(3)]
- Actions instituted by citizen to test the validity of a proclamation of martial law
or suspension of the privilege of the writ [Ar t. VII, Sec. 18]
Section 7.
No person shall be appointed Member of the Supreme Court or any lower collegiate
court unless he is a natural-born citizen of the Philippines. A Member of the Supreme
Court must be at least forty years of age, and must have been for fifteen years or more, a
judge of a lower court or engaged in the practice of law in the Philippines.
The Congress shall prescribe the qualifications of judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine
Bar.
A Member of the Judiciary must be a person of proven competence, integrity, probity, and
independence.
Judicial and Bar Council
Composition
Ex Officio Members
Chief Justice as ex officio Chairman
Secretary of Justice
Representative of the Congress
Regular Members
appointed by the President for a term of 4 years with the consent of the Commission
on Appointments but the term of those initially appointed shall be staggered as to
create continuity
Representative of the Integrated Bar (4years)
Professor of Law (3 years)
Retired Member of the SC (2 years)
Representative of the private sector (1 year)
Clerk of SC as Secretary ex officio
2. Function
Recommending appointees to the Judiciary;
Such other functions and duties as the SC may assign.
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3. Procedure
Members of the SC and Judges of lower courts appointed by the Pres. from a list of at
least 3 nominees prepared by the JBC for every vacancy
Lower courts
President shall issue the appointments within 90 days from the submission of the list
Periods in deciding cases:
SUPREME COURT
24 months from date of submission
LOWER COLLEGIATE COURTS
12 months, unless reduced by SC
LOWER COURTS
3 months, unless reduced by SC
Despite the expiration of the applicable mandatory period, the court, without prejudice to such
responsibility as may have been incurred in consequence thereof, shall decide or resolve the case
or matter submitted thereto for determination, without further delay.
CONSTITUTIONAL COMMISSIONS
Common Provisions
1. Disqualifications; Inhibitions
No member of a Constitutional Commission shall, during his tenure:
i. hold any other office or employment
ii. engage in the practice of any profession
iii. engage in the active management and control of any business which in any
way may be affected by the functions of his office
iv. be financially interested, directly or indirectly, in any contract with, or in any
franchise or privilege granted by the Government, any of its subdivisions, agencies or
instrumentalities, including GOCCs or their subsidiaries. (Art. IX, sec.2)

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Constitution
CIVIL
SERVICE
COMELEC
201
5
COA
Chairman and
2
Commissione
rs
Proven
capacity for
public
administrati
on, and
must not have
been
candidates
for any
elective
position in
the lections
immediately
preceding
their
appointment
Chairman and
Chairman and 2
6 Comm
Comm
------NaturalAccountants with
born citizens
not less than 10
At least 35
years auditing
years
experience, or
of age --
Members of the
Holders of a
Philippine Bar who
college
have been engaged
degree, and
in the
must not have
practice of law for at
been candidates least 10 years, and
for any elective must not have been
position in the
candidates for any
immediately
elective position in
Preceding
the
elections
Elections
Majority,
immediately
including the
preceding their
Chairman,
appointment At no
shall be
time shall all
Members of
Members of the
the Philippine Commission belong
to the same
Bar who have
profession.
been engaged
in the practice
of law for at
least
10under
years
Exclusive use for students
enrolled
AFYC; Unauthorized Distribution is
Page 40

Constitution
CSC
Staggered
term of
those first
appointed:
a)
Chairman
7 years
b) 1
Comm - 5
years
c) Other
Comm - 3
years
201
5
COMELEC
COA
-----Appointed by the
President with the
consent of the
Commission on
Appointments for a
term of 7 years
without
Reappointment------
Staggered term
of those first appointed:
a) 3 Members - 7 years
b) 2 Members - 5 years
c) Last 2 Members - 3
years
Staggered
term
of those
first
appointed:
a)
Chairman
7 years
b) 1 Comm
5 years
c) Other
Comm- 3
years
CSC Civil Service Commission

Powers and Functions
Art. IX-B, Sec. 3. The Civil Service Commission, as the central personnel agency of the
Government, shall establish a career service and adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen
the merit and rewards system, integrate all human resources development programs for all
levels and ranks, and institutionalize a management climate conducive to public accountability.
It shall submit to the President and the Congress an annual report on its personnel programs.
Disqualification:
Candidate who has lost in any election, within 1 year after such election, cannot be appointed to
any office in the Civil Service;
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Constitution
201
5
COMELEC
Enforce all laws relating to the conduct of election:
Recommend to the Congress effective measures to minimize election
spending, and to prevent and penalize all forms of election frauds, offenses, malpractices, and
nuisance candidacies
Submit to the President and the Congress, a
comprehensive report on the conduct of each election,
COA
i. Examine, audit, and settle accounts pertaining to Government funds or property: its revenue,
receipts, expenditures, and uses.
Post-audit basis
Art. IX-D, Sec. 3. No law shall be passed exempting any entity of the Government or its
subsidiaries in any guise whatever, or any investment of public funds, from the jurisdiction of the
Commission on Audit.
INHERENT POWERS OF STATE

POLICE POWER
It may be said to be that inherent and plenary power in the State which enables it to prohibit
all things hurtful to the comfort, safety and welfare of society."
has been properly characterized as the most essential, insistent and the least limitable of
powers, (Cf. Ichong v. Hernandez, (1957) 101 Phil. 1155, at p. 1163) extending as it does "to
all the great public needs."
Specific Coverage
Public Health
Public Morals
Public Safety
Public Welfare
Limitations
The legislative determination as to what is a proper exercise of its police powers is not final
or conclusive, but is subject to the supervision of the court.
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Constitution
201
5
Police power is lodged primarily in the national legislature.

Tests for Validity of Exercise of Police Power
1. LAWFUL SUBJECT: Interest of the general public (as distinguished from a particular
class required exercise).
2. LAWFUL MEANS: Means employed is reasonably necessary for the accomplishment of
the purpose, and is not unduly oppressive
Illustrations on the Exercise of Police Power
Public Safety
- compelling owners of motor vehicles to install specific early warning devices to reduce
road accidents.
Public Morals
- would impose different fees for different classes of hotels/motels and prohibit 18 yearolds
from being accepted in such hotels, unless accompanied by parents or a lawful guardian
and making it unlawful for the owner, manager, keeper or duly authorized representative of
such establishments to lease any room or portion more than twice every 24 hours,
National Economy
- that the prohibition of the slaughter of carabaos for human consumption, so
long as these animals are fit for agricultural work or draft purposes was a "reasonably
necessary" limitation on private ownership, to protect the community from the loss of the
services of such animals by their slaughter by improvident owners.
EMINENT DOMAIN
Art. III, Sec. 9. Private property shall not be taken for public use without just
compensation.
Art. XII, Sec. 18. The State may, in the interest of national welfare or defense, establish and
operate vital industries and, upon payment of just compensation, transfer to public ownership
utilities and other private enterprises to be operated by the government.
Definition
It is the right of the government to take private property with just compensation.
Requisites
a. Taking of Private Property
b. for Public Use,
c. with Just Compensation, and
d. Due Process.
TAXATION
A. Definition and Scope
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Constitution
201
5
It is the enforced proportional contributions from persons and property, levied by the State by
virtue of its sovereignty, for the support of the government and for all public needs.
It is as broad as the purpose for which it is given.
Purpose:
To raise revenue
Tool for regulation
Protection/power to keep alive
Who May Exercise
legislature (primarily)
local legislative bodies
Rules:
i. Equal protection clause: taxes should be uniform (persons or things belonging to the same
class shall be taxed at the same rate) and equitable (taxes should be apportioned among the
people according to their capacity to pay)
ii. Progressive system of taxation: The rate increases as the tax base increases, with basis as
social justice. Taxation as an instrument for a more equitable distribution of wealth.
Constitutional exemptions (1987 CONST., art. VI, sec. 28(3))
i. Educational institutions (both profit and non-profit): Benefits redound to students, but only
applied to property taxes not excise taxes
ii. Charitable institutions: Religious and charitable institutions give considerable assistance
to the State in the improvement of the morality of the people and the care of the indigent and
the handicapped
iii. Religious property
Double Taxation
Occurs when additional taxes are laid on the same subject by the same taxing jurisdiction
during the same taxing period for the same purpose
No provision in the Constitution specifically prohibiting double taxation, but will not be
allowed if it violates equal protection Clause.
ARTICLE III: Bill of Rights

It is a declaration and enumeration of a person's fundamental civil and political rights.
It also imposes safeguards against violations by the government, by individuals, or by groups
of individuals.
The Bill of Rights governs the relationship between the individual and the state. Its concern
is not the relation between individuals, between a private individual and other individuals.
What the Bill of Rights does is to declare some forbidden zones in the private sphere
inaccessible to any power holder. People vs. Marti, G.R. No. 81561 (January 18, 1991)
That the Bill of Rights embodied in the Constitution is not meant to be invoked against
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Constitution
201
5
acts of private individuals

-----------------------------------------------------------------------------------------Art. III, Sec. 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.
Art. XIII, Sec. 1. The Congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity, reduce social, economic, and
political inequalities and remove cultural inequities by equitably diffusing wealth and political
power for the common good. To this end, the State shall regulate the acquisition, ownership,
use, and disposition of property and its increments.
Due process of law simply states that [i]t is part of the sporting idea of fair play to hear "the
other side" before an opinion is formed or a decision is made by those who sit in judgment.
(Ynot vs. IAC, 1987)
It covers any governmental action which constitutes a deprivation of some person's life,
liberty, or property.
Minimum Requirements
Due process of law guarantees:
notice and
opportunity to be heard
to persons who would be affected by the order or act contemplated.
Substantive Due Process
Substantive due process, asks whether the government has an adequate reason for taking
away a persons life, liberty, or property.
In other words, substantive due process looks to whether there is a sufficient justification for
the governments action.
Scope
Substantive due process is an aspect of due process which serves as a restriction on the
lawmaking and rule-making power of the government.
The law itself, not merely the procedures by which the law would be enforced, should be
fair, reasonable, and just.
VOID FOR VAGUENESS DOCTRINE: An accused is denied the right to be informed of the
charge against him and to DUE PROCESS where the statute itself is couched in such
INDEFINITE LANGUAGE that its not possible for men of ordinary intelligence to determine
there from what acts/omissions are punished.
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Constitution
201
5
Procedural Due Process

A. Scope
Procedural due process is that aspect of due process which serves as a restriction on actions
of judicial and quasi-judicial agencies of the government. It refers to the method or manner
by which a law is enforced.
Judicial Due Process
Requisites (Banco Espanol vs. Palanca, 1918)
a) An impartial court of tribunal clothed with judicial power to hear and determine the matter
before it.
b) Jurisdiction must be lawfully acquired over the person of the defendant and over the
property subject matter of the proceeding
Note: NOTICE is an essential element of due process, otherwise the Court will not acquire
jurisdiction and its judgment
will not bind the defendant. To be meaningful, it must be both as to time and place.
c) The defendant must be given an opportunity to be heard
d) Judgment must be rendered upon lawful hearing and must clearly explain the factual and
legal.. (Sec. 14, Art. 8, 1987 Consti; Banco Espaol- Filipino vs. Palanca)
Equal Protection of the Laws
Definition and Scope of Protection
Equal protection requires that all persons or things similarly situated should be treated alike,
both as to rights conferred and responsibilities imposed.
Similar subjects, in other words, should not be treated differently, so as to give undue favor to
some and unjustly discriminate against others.
The guarantee means that no person or class of persons shall be denied the same protection of
laws which is enjoyed by other persons or other classes in like circumstances.
Requisites of Valid Classification
a. It must rest on substantial distinctions;
b. It must be germane to the purpose of the law;
c. It must not be limited to existing conditions only.
An ordinance was declared void because it taxes only centrifugal sugar produced and exported
by the Ormoc Sugar Company and none other, such that if a new sugar central is established
in Ormoc, it would not be subject to the ordinance.
d. It must apply equally to all members of the same class.
ART. III, SEC. 2. The right of the people to be secure in their persons, houses, papers, and
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Constitution
201
5
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 or things to be seized.
ARREST
Requisites for Issuance of a Valid Arrest Warrant
Existence of probable cause
Such facts and circumstances which would lead a reasonably discreet and prudent mean to
believe that an offense has been committed by the person sought to be arrested. (Webb vs. De
Leon, 1995)
Determination of probable cause personally by the judge.
i. Personally evaluate the report and supporting documents submitted by the fiscal
regarding the existence of probable cause and, on the basis thereof, issue the arrest warrant; OR
ii. If he finds no probable cause, he may disregard the prosecutors report and require the
submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to
the existence of probable cause (Cruz vs. Judge Areola, 2002).
As to warrant of arrest:
i. On the basis of their personal knowledge of the facts they are testifying to.
ii. The arrest warrant must describe particularly the person to be seized.
By stating the name of the person to be arrested.
If not known, then a John Doe warrant may be issued, with some descriptio persona that
will enable the officer to identify the accused.
Requisites of a Valid Warrantless Arrest
When, in his presence, the person to be arrested has committed, is actually committing, or
is attempting to commit an offense;
When an offense has just been committed and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has
committed it;
When the person to be arrested is a prisoner who has escaped from a penal establishment
or place where he is serving final judgment or is temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to another.
ADDITIONAL EXCEPTION (NOT IN THE RULES): When the right is voluntarily waived
(estoppel).
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Constitution
201
5
SEARCH AND SEIZURE

Requisites of a Valid Search Warrant
1. Existence of probable cause
2. Determination of probable cause personally by the judge.
3. After personal examination under oath or affirmation of the complainant and the witnesses
he may produce.
4. On the basis of their personal knowledge of the facts they are testifying to.
5. The warrant must describe particularly the place to be searched and the persons or
things to be seized.
GENERAL WARRANT: One that (1) does not describe with particularity the things subject
of the search and seizure; and (2) where probable cause has not been properly established. It is
a void warrant. (Nolasco vs. Pao, 1985)
Searches without Warrant, when Valid
1. Search is an incident to a lawful arrest. Sec. 12, Rule 126, Rules of Court. Search
incident to lawful arrest. - A person lawfully arrested may be searched for dangerous weapons
or anything which may be used as proof of the commission of an offense, without a search
warrant.
2. Search of Moving Vehicles
Securing SW is not practicable since the vehicle can be quickly moved out of the locality or
jurisdiction in which the warrant must be sought.
3. Plain View Doctrine: Things seized are within plain view of a searching party.
Requisites
a. Prior valid intrusion into a place;
b. Evidence:
inadvertently discovered by police who had the right to be where they were;
c. Evidence must be immediately apparent
d. Noticed without further search
4. Stop and Frisk Searches
There should be a genuine reason to stop and- frisk in the light of the police officers
experience and surrounding conditions to warrant a belief that the person detained has
weapons concealed.
5. Valid Express Waiver made Voluntarily and Intelligently
Requisites (People vs. Peralta, 2004):
a. Must appear that right exists;
b. Person involved had actual/ constructive knowledge of the existence of such right;
c. Said person had an actual interest to relinquish the right;
d. Waiver is limited only to the arrest;
e. Waiver does not extend to search made as an incident thereto, or to any subsequent seizure of
evidence found in the search.
6. Customs Search
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Constitution
201
5
Searches of vessel and aircraft for violation of immigration and smuggling laws. (Papa vs.
Mago, 1968)
7. Visual Search at Checkpoints
8. Exigent and Emergency Circumstances
Detention/Custodial Investigation
ART. III, SEC. 12, 1987 CONSTITUTION
1. Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must
be provided with one. These rights cannot be waived except in writing and in the
presence of counsel.
2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.
3. Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
4. The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their families.
MIRANDA RIGHTS
The person under custodial investigation must be warned that
1. He has a right to remain silent,
2. That any statement he does make may be used as evidence against him, and
3. That he has a right to the presence of an attorney, either retained or appointed.
Rule on Waiver
ART. III, SEC. 12:
(1) Must be in writing
(2) Made in the presence of counsel
Exclusionary Rules
Violation of the Right Against Unreasonable Searches and Seizures
Sec. 3(2), Art. 3, 1987 CONSTI. Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any proceeding.
Vis--vis Violation of the Rights of Persons under Custodial Investigation
ART. III, SEC. 12(3): Any confession or admission obtained in violation of this or Section
17 hereof shall be inadmissible in evidence against him.
Vis--vis Violation of the Right Against Self-incrimination
ART. III. SEC. 17: No person shall be compelled to be a witness against himself.
Right to Bail
Art. III. Sec. 13. All persons, except those charged with offenses punishable by reclusion
Page 49

Constitution
201
5
perpetua when the 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.
Definition
(Rule 114, Sec. 1, ROC)
Bail is the security given for the release of a person in custody of the law, furnished by him
or a bondsman, conditioned upon his appearance before any court as may be required.
When Available:
From the very moment of arrest (which may be before or after the filing of formal charges in
court) up to the time of conviction by final judgment (which means after appeal).
No charge need be filed formally before one can file for bail, so long as one is under arrest.
Rights During Trial
ART. III. SEC. 14. 1987 CONSTITUTION.
No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to
meet the witnesses face to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the accused: Provided, that he has been duly notified
and his failure to appear is unjustifiable.
Section 17. No person shall be compelled to be a witness against himself.
Rights Post Trial
Right against Double Jeopardy
ART. III. SEC. 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal under either
shall constitute a bar to another prosecution for the same act.
Elements of Double Jeopardy
a. Court of competent jurisdiction;
b. A Complaint/Information sufficient in form and substance to sustain a conviction;
c. Arraignment and plea by the accused;
d. Conviction, acquittal, or dismissal of the case without the express consent, of the accused.
When Subsequent Prosecution is Barred
a. Same offense
b. Attempt of the same offense
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c. Frustration of the same offense

d. Offense necessarily included in the 1st offense (All the elements of the 2nd constitute some of
the elements of the 1st offense)
e. Offense that necessarily includes the 1st offense (All the elements of the 1st constitute some
of the elements of the 2nd offense)
Excessive Fines and Cruel, Degrading and Inhuman Punishment
1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
2. The employment of physical, psychological, or degrading punishment against any prisoner
or detainee or the use of substandard or inadequate penal facilities under subhuman conditions
shall be dealt with by law.
Involuntary Servitude
ART. III. SEC. 18 (2). 1987 CONSTITUTION. No involuntary servitude in any form shall
exist except as a punishment for a crime whereof the party shall have been duly convicted.
Imprisonment for Debt
ART. III. SEC. 20. 1987 CONSTITUTION. No person shall be imprisoned for debt or
nonpayment of a poll tax.
Ex Post Facto Laws and Bills Of Attainder
ART. III. SEC. 22. 1987 CONSTITUTION. No ex post facto law or bill of attainder shall be
enacted.
EX POST FACTO
Latin for "after the fact," which refers to laws adopted after an act is committed making it illegal
although it was legal when done, or increases the penalty for a crime after it is committed.
BILL OF ATTAINDER
A legislative act, directed against a designated person, pronouncing him guilty of an alleged
crime, (usually treason,) without trial or conviction according to the recognized rules of
procedure, and passing sentence of death and attainder upon him.

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201
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Privacy of Communication and Correspondence

(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.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.
Intrusion, When Allowed
1. By lawful order of the court
2. When public safety or public order requires otherwise, as may be provided by law
II. Forms of Correspondence Covered
1. letters
2. messages
3. telephone calls
4. telegrams, and the like
Freedom of Expression
Sec. 4, Art. 3. No law shall be passed abridging the freedom of speech, of expression, or of
the press, or the right of the people peaceably to assemble and petition the government for
redress of grievances.
Sec. 18. (1), Art. 3 No person shall be detained solely by reason of his political beliefs and
aspirations.
Components
Speech, expression, and press include:
a) Written or spoken words (recorded or not)
b) Symbolic speech (e.g. wearing armbands as
symbol of protest)
c) Movies
Freedom from Censorship or Prior Restraint
Concept:
Censorship conditions the exercise of freedom of expression upon the prior approval of the
government.
The censor serves therefore as the political, moral, social and artistic arbiter for the people,
usually applying only his own subjective standards in determining what is good and whats
not.
Freedom from Subsequent Punishment
Concept:
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Constitution
201
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Freedom of speech includes freedom after speech. Without this assurance, the citizen
would hesitate to speak for fear he might be provoking the vengeance of the officials he has
criticized (chilling effect).
Examples of Valid Subsequent Restraints:
1. Libel. Every defamatory imputation is presumed to be malicious.
2. Obscenity. The determination of what is obscene is a judicial function.
Sec. 2 (5), Art 9-B. 1987 Constitution. The right to self-organization shall not be denied to
government employees.
Sec. 8, Art. 3, 1987 Constitution. The right of the people, including those employed in the
public and private sectors, to form unions, associations, or societies for purposes not contrary
to law shall not be abridged. par. 2, Sec. 3(2), Art. 13, 1987 Constitution. It shall guarantee
the rights of all workers to selforganization, collective bargaining and negotiations, and
peaceful concerted activities, including the right to strike in accordance with law. They shall be
entitled to security of tenure, humane conditions of work, and a living wage. They shall also
participate in policy and decision-making processes affecting their rights and benefits as may
be provided by law.
Freedom of Religion
Art. III, Sec. 5. No law shall be made respecting an establishment of religion; or prohibiting
the free exercise thereof. The free exercise 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.
Non-establishment Clause
A. Concept
The clause prohibits excessive government entanglement with, endorsement or disapproval of
religion.
B. Basis
Rooted in the separation of Church and State
Free Exercise Clause
A. Dual Aspect
1. Freedom to believe - absolute
2. Freedom to act on ones belief subject to regulation
B. Laws Justified under Free Exercise Clause
1. Exemption from flag salute
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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
provided by law.
Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official 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 may be provided by
law.

Page 54

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Political Science

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Departmental Exam Reviewer: 1987 Philippine

A state is a community of persons more or less numerous, permanently

Exclusive use for students enrolled under AFYC; Unauthorized Distribution is

Departmental Exam Reviewer: 1987 Philippine

Refers to the mass population living within the state.

Departmental Exam Reviewer: 1987 Philippine

- without an organized structure of government, anarchy and disorder and a

- Monarchy supreme and final authority is in the hands of a single

Aristocracy political power is exercised by a few previliged class.

Democracy political power is exercised by a majority of the people.

As to extent of powers exercised by the central or national government:

Unitary government the control of national and local affairs

Federal government - the powers of government are divided

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Departmental Exam Reviewer: 1987 Philippine

Parliamentary government - there is fusion of powers of the

Presidential government - there is separation of powers. The

The Evolution of the Government and its

Each barangay was ruled by a chief called DATU or SULTAN/RAJAH

Departmental Exam Reviewer: 1987 Philippine

The 1973 Constitution

Departmental Exam Reviewer: 1987 Philippine

It was ratified by the people in the plebiscite held on February 2, 1987.

Body of rules and principles in accordance with which the powers

Constitution of the Philippines, it may be defined as that

Nature and Purpose

Serve as the supreme or fundamental law it is binding on all

Establishes basic framework and underlying principles of

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Departmental Exam Reviewer: 1987 Philippine

Written one which has been given definite written form at

Departmental Exam Reviewer: 1987 Philippine

There are three well-settled principles of constitutional construction:

ARTICLE XVII: AMENDMENTS AND REVISIONS

Departmental Exam Reviewer: 1987 Philippine

2) Submission of the proposed amendments or revisions; and

Departmental Exam Reviewer: 1987 Philippine

* RA 6735: An Act Providing for a System of Initiative and Referendum and

Amendments and revisions proposed by Congress and/or by a

Valid when ratified by a MAJORITY of votes cast in a

Amendments proposed by the people via initiative:

Valid when ratified by a MAJORITY of votes cast in a

Departmental Exam Reviewer: 1987 Philippine

It is derived from the Latin word preambulare which means to walk

It is an introduction to the main subject.

It is the prologue of the Constitution.

Preamble is not essential in a constitution

It cannot be invoked as a source of a private right enforceable by the

Object and Value of Preamble

Established the basic principle underlying the fundamental charter.

Our Preamble is in the form of a collective prayer.

Acknowledge God as the source of their authority.

Article 1: National Territory

Departmental Exam Reviewer: 1987 Philippine

RP is located at the heart of Southeast Asia.

According to him national security is endangered if warships of foreign countries

Importance of knowing our National Territory

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Departmental Exam Reviewer: 1987 Philippine

Article 2: Declaration of Principles and State Policies

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Departmental Exam Reviewer: 1987 Philippine