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DEPARTMENT OF COMPUTER STUDIES

LEARNING MODULE IN SOCS 5– PHILIPPINE GOVERNMENT, POLITICS &
CONSTITUTION

PART 1
Learning Outcomes:
1. Understand the importance of defining the national territory
2. Differentiate a citizen of a country from an alien

LESSON 1: IDEOLOGICAL FOUNDATION OF THE PHILIPPINE CONSTITUTION

1. The Nature of the Constitution

In its broad sense, the term constitution refers to “that body of rules and principles in
accordance with which the powers of sovereignty are regularly exercised”(Cooley in Suarez
1999: 12).
With reference to our Philippine Constitution, this term 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” (Malcom & Laurel in
De Leon 1997: 18).
The constitution is popularly known as the fundamental law of the land and the basis
of government. It is established by the people, in their original sovereign capacity, to
promote their own happiness, and permanently to secure their rights, property,
independence, and common welfare (Moreno 1972: 128). The constitution is also called a
charter in the sense it is the framework of the type of government the people want to
establish. That is why when one wants to change the form of government, the charter or the
constitution must first be changed; thus, the term charter change or Cha Cha became a
popular acronym in the Philippines for those who wanted to change the government from
presidential to parliamentary form.
Though there are different kinds of constitutions, the most popular or common
classification as to their form is that of written or unwritten:

Written Constitution
This constitution, as the term denotes, is one has definite written form at a particular
time, usually written by a group of lawmakers tasked to frame the constitution such as the
case of a
constitutional convention.

Most of the constitutions in the modern and post-modern world are written. If
constitutional laws are written, they become rigid, fixed and are not subject to constant
change and whimsical interpretation of top public officials.
Unwritten Constitution
This type of constitution is not entirely unwritten as the name denotes. Unwritten
constitution simply means that some parts of it are written and others are unwritten or
handed down from one generation to another through customs and traditions. This
constitution is usually “a product of political evolution, consisting largely of a mass of

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

customs, usages and judicial decisions together with a smaller body of statutory enactments
of a fundamental character, usually bearing different dates.”

The English Constitution is unwritten only in the sense that it is not codified into one
single document. Part of it is written such the Acts of Parliament and judicial decisions of the
courts.

2. CONSTITUTION AND STATUTE

Constitution
The constitution is considered as the highest law of the land. It is drafted indirectly by
the
people through their representatives in a constitutional convention, especially in the case of
revision, and approved directly by them through votes in a process called a plebiscite. In a
plebiscite, registered voters go to the voting precincts and cast their votes “Yes” or “No” to
the
amendment or revision of the constitution. In the case of a specific modification of the
constitution through people’s initiative, as we shall see below, the people themselves
introduce
the amendment directly in a nationwide signature drive.

In creating, amending and revising the constitution, the people themselves, in theory,
exercise their sovereign power—the source or repository of all political authority in the
country.
This makes the constitution the fundamental law or the highest form of law in the land,
making it
the framework or the guiding principles the legislature follows in creating specific laws or
statutes for the public.

B. Statute

A statute is also part of the law of the land. Technically, a statute is a type of law
enacted or created by a lawmaking body like the Philippine Congress. It has various names.
During the Commonwealth period, statutes were called Commonwealth Acts (CAs), during
the Marcos era or the 1973 Constitution, they were called Batas Pambansa (BPs) and at
present under the 1987 Constitution, they are called Republic Acts (RAs). A statue is not
created or enacted directly by the people but by their representatives such as senators or
congressmen/women. It is usually more specific in content than a constitutional law and
addresses specific problem in the public order. B.P. 22, for instance, punishes any person
who issues a check without sufficient funds in the bank or R.A. 7279 or Urban Development
and Act provides guidelines with regard to urban land reform and squatting. Since the
constitution is the highest law of the land, it cannot be contradicted or undermined by a
statute. In case of conflict, the constitution must prevail and the statute or any portion thereof
can be declared by the Supreme Court upon a valid petition, as unconstitutional and illegal
and must therefore stricken from the legal code.

3. Methods of Changing of the Constitution

In the Philippines, constitutional changes can be done in two ways: (1) by
amendment and (2) by revision. It is an amendment if the change is isolated or piecemeal
only like a mere change in the term of the President from six years to four years. But there is
revision if the change is substantial which requires a revamp or rewriting of the whole
instrument. Changing the form of government, for instance, from presidential to
parliamentary form is substantial and thus can be considered a revision. The present 1987
Philippine Constitution may be considered a revision of the 1973 Marcos Constitution in a
sense; the provisions which restored the presidential system

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of government from the modified parliamentary form of the Marcos Constitution, when he
made himself the President and Cesar Virata as the Prime Minister.
wo Steps in the Amendment or Revision of the Constitution

The Proposal

The process to change the constitution begins with a proposal from a legislative body
like our Philippine Congress or directly by the people to amend or revise it. Thus there are
three (3) methods with which a proposal can be made for change, contained in the 1987
Philippine Constitution:
(1) By a Constitutional Convention (ConCon) called for the purpose;
(2) By Congress, as a Constituent Assembly (ConAss), upon a vote of three-fourths of all its
members, voting separately;
(3) By the people directly, through initiative upon petition of the required number of
voters.
Ratification
Ratification of the constitutional changes is done by the direct approval by the people,
i.e., by registered voters, of the amendment or revision of the constitution. Except by the
people’s initiative, the final change in the constitution is done by delegates or drafters—
whether by a constitutional convention or constituent assembly. It remains a draft and
proposal without the approval of the electorate. This power of ratification is in the hands of
the people, particularly the registered voters, where sovereignty or the supreme power of the
state resides (1987 Constitution Art. II, Sec.1). In practice, this means that the registered
voters would go their respective voting precincts on the day of the plebiscite and cast their
vote “Yes” or “No” when ask in the ballot whether they would approve or not the draft of the
new Constitution. If the majority vote is “Yes” than the new Constitution is deemed ratified.

4. CONSTITUTIONS IN PHILIPPINE HISTORY

The 19th century is marked by the birth of nation-states in the world coinciding with the birth
of the modern world. Territories which gained independence from their colonial masters
started to build their own republics and to write their own constitutions or charters describing
what kind of government they want to establish. The Philippines too through its revolutionary
leaders during the twilight of the Spanish rule, during the late 19 th century, started to make
moves to establish an independent state. General Emilio Aguinaldo, the dictatorial President
of the Biakna-Bato Republic in 1897, was the first to draft a constitution in the country with
the aim of making the Philippines separate from the Spanish monarchy and an independent
nation. He wrote the first known constitution in the country while hiding in the caves of
Bulacan—the Biakna Bato Constitution. This constitution created the Biak-na-Bato Republic
on November 1, 1987. It had no lasting political impact as its operation lasted only up to
December 15, 1897 with the dissolution of the republic. Its significance lies more in the
attempt to create an independent republic separate from Spanish rule.

The Malolos Constitution

The first formal Philippine Constitution which had a significant impact on the creation of
the Philippine state is the Malolos Constitution which established the revolutionary
government of General Emilio Aguinaldo in 1899. This constitution was created by a
revolutionary Congress by virtue of presidential proclamations of Emilio Aguinaldo who
declared himself as the new president of the First Philippine Republic. It made the
Philippines as the first democratic country in Asia and the West Pacific.

This revolutionary government, however, did not last long as Aguinaldo was captured
during the Spanish-American war by the Americans in April 1901. The Philippines was

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annexed to the United States as a colony and thus the Malolos constitution ceased to
operate when the American military rule was established in April 14, 1898.

1935 Constitution

It took more than thirty years before the Philippines under the Commonwealth came
up with a new constitution. The Americans took control of the archipelago under military and
civil rule. During this period, steps were taken by the United States Congress to prepare the
Philippines to enact a new constitution and gain independence. Of particular importance is
the passage of the Tydings-McDuffie Law by the US Congress on March 24, 1934. This law
primarily provided a transition of ten years during which the Philippine Commonwealth would
operate and at the expiration of said period on July 4, 1946, the Philippines would be
granted independence. Moreover, it authorized the calling of a constitutional convention by
the Philippine Legislature for the enactment of the new constitution. As a result, on March
23, 1935,
President Roosevelt approved the draft and was submitted for approval by the Filipino
people. With a vote of 1,213,046 in favor and 44, 963 against, the 1935 Constitution was
ratified overwhelmingly.

The 1935 constitution was heavily influenced by the American constitution. It

subscribed to a bicameral legislature consisting of a Senate and House of Representatives.
Like the US president, the Philippine President and Vice-President has a term of 4 years
with reelection. The form of government was presidential republican democracy with the
President as the head of State and government.

The 1935 Constitution has been praised by lawyers for its brevity and clarity. But it has
also been criticized for being pro-American. Its most controversial provision was the so-
called Parity Amendment which allowed American citizen equal right in the exploitation of
Philippine natural resources and the operation of public utilities.

C. 1973 Constitution

The most controversial constitution ever made in Philippine history is the 1973
Constitution or what is commonly referred to as the Marcos Constitution. The irregularity of
this constitution lies in its ratification. This charter was presented for people’s approval not
through secret balloting by qualified voters in a plebiscite. stead it was submitted to hastily-
arranged “citizen’s assemblies” composed of groups of people in various barangays
(including youth 15 years or below) who were asked to ratify by viva voce or show of hands.
The Supreme Court decided that it had not been legally ratified. But, the Court was cut short
of declaring it null and void provoking Chief Justice Roberto Conception to resign (Zaide
1996:43).

1987 Constitution

Marcos dictatorship began to crumble when he called a snap election in 1986 and the
widow of the slain senator Benigno Corazon “Cory” Aquino took the challenge. Because of
the massive manipulation of the election results by Marcos people became restless. This
was aggravated by the fact that the cousin of Marcos, General Fidel Ramos together with
the Secretary of Defense Juan Ponce Enrile and the Reform Armed Forces Movement
(RAM) in the military withdrew their support and loyalty to the former President. To rescue
Enrile and Ramos from arrest and to prevent a bloody revolution, the late Jaime Cardinal Sin
called on the people in Radio Veritas to go to EDSA with prayers and rosaries. This resulted
in the peaceful revolution called EDSA People Power I. Marcos and his family were forced to

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flee to Hawaii with the help of the US and seek asylum in the United States and Corazon
“Cory” Aquino was installed as the new president of the republic.

After EDSA People Power I, the 1973 constitution of Marcos ceased to operate.
President Corazon Aquino declared a revolutionary government and eventually became a
revolutionary dictator. Under the transitory Freedom Constitution, President Aquino could
make laws until the convening of the legislative body (Congress) under the new constitution.
Owing to her desire to expedite the restoration of democracy and to give up her vast powers
as a revolutionary leader, Aquino appointed a Constitutional Commission composed of 50
people to draft the new constitution. After 133 days of work and with a vote of 42-2, the
Constitutional Commission approved the proposed new constitution (De Leon 1997: 26). In a
plebiscite, the new 1987 Constitution was ratified by the Filipino people on February 2, 1987.

4. THE BASIC PRINCIPLES IN THE 1987 CONSTITUTION

The following provisions can provide students with an overview of the basic principles
underlying the 1987 Constitution. It is recommended that they read and examine the
sections and principles below to appreciate these principles. They are based on certain
fundamental philosophies or principles of government which become part of our democratic
heritage as a people (Munoz & Gonzales-Munoz 2002: 23).

SOME BASIC CONSTITUTIONAL PRINCIPLES

The Philippines is a democratic and republican state (Art. II, Section 1)

The 1987 Constitution explicitly subscribes to an indirect, representative or

republican form of democratic government. This means that our country is ruled by
representatives of the people chosen through democratic elections. Public officers such as
the President, Vice-President, Senators, congressmen, governors, mayors and so on,
exercise power delegated by the people who remain the ultimate source of political power
and authority. Hence, Section 1 of Article II of the Constitution states that the “sovereignty
resides in the people and all government authority emanates from them”. Technically, only
registered voters or the electorate has the power to exercise and delegate this sovereign
power in an election, plebiscite or referendum.

The 1987 Constitution embodies some features of a pure democracy in which the
people can directly by their sovereign power, rule the country. This is manifested in the
provisions on referendum and people’s initiative in amending the constitution (see Art. VI,
Sec. 32) (De Leon 1997: 43).

Renunciation of War as a State Policy (Art. II, Section 2)

Under this section, the Philippines subscribes to the United Nations Charter binding all
members to “refrain in their international relations from the threat or use of force against the
territorial integrity or political independence of any state….” (De Leon 1997: 45). This means
that Congress cannot authorize the President to invade another country or annex any
territory of another state just like what Iraq did when Saddam Hussein invaded Kuwait
during the Gulf war. The Philippines “adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations” (Section 2). But if the Philippines is
attacked or invaded by another country, the Constitution allows Congress to declare an
existence of a state of war and authorize the President to command the Armed Forces to
defend our territorial integrity. This requires the concurrence of two-thirds of all the members
of Congress voting separately (Section 23 (1), Article VI). In short, the constitution allows the
President and Congress to engage in defensive war against an invading country, as an act

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

of self-defense but prohibits aggressive war that attacks another state, as this is contrary to
the country’s policy of peace and friendship with other nations.

Civilian Supremacy and the Role of the Armed Forces as Protector of the People (Art.
II, Section 3).

The principle of civilian supremacy simply requires that the armed forces of the
Philippines are always subordinate to civilian authority. This was included in the constitution
to prevent the rise of military dictatorship or junta that grabs political power illegally. A clear
expression of this principle is that the President as commander-in-chief of the Armed Forces
must be a civilian and not an active general or member of the Armed Forces of the
Philippines. President Fidel Ramos is a military general but he was only elected President of
our country after he had retired from military service. Another manifestation of this principle
is that civilian authority remains superior over the military even during martial law,
suspension of the writ of habeas corpus or war (see Art. III, Sec. 15; Art. VII, Sec. 18).
Lastly, the President together with Congress, determines the military budget and defines the
national policy on defense and security (De Leon 1997: 47).

Separation of Church and State (Art. II, Section 6)

The doctrine of separation of Church and State simply means that each institution has a
specific sphere or duty to perform in society: the Church on purely matters of religion and
morals and the State on purely political matters or temporal aspects of people’s life. Ideally,
each institution should not interfere with the other’s sphere in order to avoid conflict. But in
some cases, the Church criticizes some public officials and lobbies for a change in public
policies claiming that morality covers public service especially corruption in government. This
was seen when some Philippine presidents and top public officials tried to influence the
Catholic bishops or the Iglesia ni Cristo to support some of their government policies. Thus
the dividing line between the respective domains of the Church and State has always been
the subject of disagreement. Ideally, the relationship must be that of cooperation and mutual
support but questionable, corrupt, and immoral government action or policy often invites
Church interference and thus leads to hostility between these two powerful institutions in
Philippine society.

Activities:

1. Research on the any proposed revision on the 1987 constitution. Make a reaction
paper on the said proposition.

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

PART 2
Learning Outcomes:
1. Understand the importance of defining the national territory
2. Differentiate a citizen of a country from an alien

LESSON 2: Article I & Article IV: The Filipino People and their Territory

1. The National Territory

SECTION 1. The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all the other territories belonging to the Philippines
by historic right or legal title, including the territorial sea, the air space, the subsoil, the sea-
bed, the insular shelves, and the other submarine areas over which the Philippines has
sovereignty or jurisdiction. The waters around, between, and connecting the islands of the
archipelago, irrespective of their breadth and dimensions, form part of the internal waters of
the Philippines.

2. Citizenship (Art. IV)

One important principle under the 1987 Constitution is that on citizenship. Before we
try to understand good citizenship, we must first determine what is citizenship, who is a
citizen and who is considered a Filipino citizen.

Firstly, citizenship is a “term denoting membership of a citizen in a political

society” and a citizen is “a member of a democratic community who enjoys full civil and
political rights, and is accorded protection inside and outside the territory of the State” (De
Leon 1997: 122). A person who is not a citizen is either called a “stateless person” or an
“alien”. A stateless person, on one hand, is a foreigner in another country whose state has
been dissolved due to anarchy or revolution. The movie “Terminal” illustrates this case. Tom
Hanks visited the United States. But after arriving at the airport, a revolution occurred in his
country Liberia. The US and other countries did not recognize the chaotic leadership of his
country and thus his passport was not honored. He became a “stateless person” and is at
the mercy of the US authorities whether to allow him to enter the US or not. An alien, on the
other hand, “is a citizen of a country who is residing in or passing through another country”
(De Leon 1997: 123). Both a stateless person and an alien are subject to our laws. A
stateless person, unlike an alien, is not protected by his/her own country and has no legal
rights and no embassy to turn to in case of legal problems in the sense that he has no
country or has no diplomatic ties with the country s/he is residing in.

Two Principles of Citizenship by Birth

Persons who are born in a particular country are not automatically citizens of the land.
They are not automatically considered natural-born citizens. It still depends on the principle
of citizenship by birth adopted of the country where they are born. Some countries choose
to adopt one of the following 2 principles, others prefer to follow a combination of these
principles: Jus sanguinis (from Latin words “jus” which means “law” and “sanguinis” which
means blood).

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

Jus Soli or Jus Loci (Law of the soil or law of the place).

Under this principle, the law of the soil or the place of birth determines the
citizenship of the child regardless of the citizenship or blood of one or both parents.
Thus, when a child is born in any part of the territory of the country be it in aerial,
terrestrial, or maritime domain, he or she automatically becomes a citizen of that country.
This principle is followed by the United States and France. A pregnant Filipino mother, for
instance, who gave birth in a commercial place which had entered US airspace is,under this
rule, the child is already considered an American citizen even though the mother is an
alien.

To be a Filipino citizen, a person must belong to any of the following types of citizens
as determined by the constitution and laws:

Natural-born citizens

Naturalize-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” (Art. IV,
Sec. 2). Thus a child who is born in the Philippines of Filipino parents, or a Filipino mother or
father after the ratification of the 1987 Constitution on February 2, 1987 is a natural-born
citizen.

Citizens at the time of the adoption of 1987 Constitution

Those who are considered citizens of the Philippines under the 1987
Constitution at the time of the adoption of the new constitution on February 2, 1987 are also
natural-born citizens.

Naturalized citizens

Naturalized citizens are citizens by operation of law. These are aliens or

foreigners who acquired Filipino citizenship by applying and complying with all requirements
provided in the Philippine naturalization law. Naturalization is defined as an ‘act of formality
adopting a foreigner into the political body of the state and clothing him or her with rights and
privilege of citizenship” (De Leon 1997: 126). A person may be naturalized in two ways: 1)
by judgment of the court, after foreigner-applicant had
complied with all the conditions prescribed by law, or 2) by direct act of Congress, in
which a foreigner is conferred citizenship by a law enacted by Congress. The Jesuit
American historian Fr. John Schumacher, S.J. became a naturalized.

5) Dual citizens

Under a new law passed by Congress a Filipino can still retain his/her
citizenship despite the fact that s/he has acquired a foreign citizenship. Thus, a person can
still be a Filipino citizen even if s/he has become a green card holder or has become an
American.

3. Suffrage (Art. V)
Since the country is under a republican presidential system, elections abound. We
witnessed many elections in the past and expect more to come in the future. Therefore it is
proper for citizens to know their basic rights with regard to suffrage under our present
constitution. Suffrage is “the right and obligation to vote for qualified citizens in the election of
certain national and local officers of the government and in the decision of public questions

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

submitted to the people” (De Leon 1997: 135). Under the 1987 Constitution (Art. V, Sec. 1),
suffrage may be exercised by all citizens of the Philippines who are not disqualified by law
and who are:
(1) at least 18 years old, and
(2) who have resided in the Philippines for at least 1 year, and
(3) who are in the place wherein they propose to vote for at least 6 months
before the election.
The Scope of Suffrage

Suffrage is a broad term that includes various types of electoral processes. Registered
voters exercise suffrage in any of the following cases:

Election

Election is the process by which the voters choose their officials for definite and
fixed terms as their duly chosen representatives in exercising their sovereign power in
the government. The Commission on Elections (COMELEC) is the constitutional
commission tasked by the constitution to conduct and supervise elections. To save
money for the government, the national election of the president and vice-president
every 6 years is usually synchronized with the elections of members of Congress and
local public officials. This is done on the second Monday of May.

Plebiscite

A plebiscite is the process by which the people express their choice for or against a
proposed law or enactment submitted to them. It is also a form of election where voters
go to election precincts to cast their votes whether they approve or ratify any proposed
amendment to, or revision of the Constitution (Art. XVII, Sec.2). Any proposed
changes affecting local government units also requires the approval of the people by
plebiscite (Art. X, Secs. 10, 11, 18).

Referendum

This is a process by which a law or part thereof passed by Congress or local

legislative body is presented to the voters for their ratification or rejection (see Art. VI,
Sec. 32).

Initiative

This is a process by which the people directly propose and enact new laws. This
requires a petition containing the proposed law or amendment of the constitution and the
required number of verified signatures of petitioners. Congress has been tasked by
the Constitution to provide this system of initiative and referendum. Amendments to the
Constitution can also be directly proposed by the people through their initiative.

Recall

Recall is the process by which an elected official is removed from office during
his/her tenure by a vote of the people after registration of a petition signed by a required
percentage of the qualified voters. The former governor of Pampanga, Fr. Ed Panlilio
underwent this process. He was removed by his political enemies but he won in a recall

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election thereafter.
4. Bill of Rights (Article 3)

Section 1. No person shall be deprived of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall
be inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or affirmation
of the complainant and the witnesses he may produce, and particularly describing the place
to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety or order requires otherwise, as
prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible
for any purpose in any proceeding.

Section 4. 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.

Section 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.

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.

Section 8. 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.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

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Section 12. (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 and rehabilitation of victims of torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be provided by law. The right to bail shall
not be impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.

Section 14. (1) 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 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the 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.

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(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.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 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.

Section 22. No ex post facto law or bill of attainder shall be enacted.

5. THE NATURE OF HUMAN RIGHTS

TYPES OF HUMAN RIGHTS

In general, human rights can be classified into three types as shown below: natural,
constitutional, and statutory. Of all these rights, natural rights are the highest form because
they are God-given and inherent in a person’s human dignity as created in the image and
likeness of God (Genesis 1). Constitutional rights are granted by the country’s constitution to
all its citizens. They presumed to respect the natural rights given by God. The statutory
rights are created by the legislature and approved by the President. These rights must be
based on the constitutional provisions on human rights; otherwise, they can be abolished by
the Supreme Court as illegal and unconstitutional. These rights are expected also to respect
the natural rights of the human person.

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

 Two Types of Due Process

In the court of law, two types of due process must be followed in order to attain true
justice.

1. Substantive due process

This due process refers to the content or the letter of the law itself. It requires that the
law itself is reasonable, just and enacted in good faith and according to legislative rules. An
unjust law cannot be used by the State to charge a person for committing a crime or
illegality. Thus, a person who is charged in court for violating a law or stature that limits the
number of children of couple to one child, such as the one-child policy in China, is deprived
of substantive due process if the court convicts him. This law obviously violates the natural
and God-given right of married couples to procreation.

2. Procedural due process

This type of due process simply requires that the rules or procedures in processing a
legal case must be observed judiciously by the court. The Supreme Court of the Philippines
as mandated by the constitution promulgates rules in processing legal cases in court. This
legal code is called the Revised Rules of Court in the Philippines. It contains all the rules in
dealing with criminal, civil and administrative cases such as the rules on appeals, rules of
evidence, criminal and civil procedures, and so on.

As a whole, “due process” simply means that a person’s case in court should be
treated justly, which means that his/her case must be judged based a just law and according
to the rules of legal procedures prescribed by the judicial system.

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

 Due process in Relation to the Right to Life, Liberty and Property

The right to life, liberty and property are three fundamental rights of a person in society.
They are so sacred and inalienable that the Bill of Rights in the constitution stipulates that
they are protected by due process of law. With regard to the right to life, due process
prohibits deprivation of life of one’s person as in the case of murder or homicide as well as
injury to his/ her limbs or faculties as in the crime of physical injury, mutilation, or direct
assault. With regard to liberty, due process disallows illegal physical restraint or
imprisonment as well as restraint in the use of the person’s God-given faculties such speech
or artistic expression. Finally, due process protects the right of the person over his real or
personal property. This includes the right to own, use, transmit, and even destroy one’s
property subject to the right of the State and other persons.

Equal Protection of the Laws

The expression which states that “everybody is equal in the eyes of the law” does not
mean that the law does not consider the person’s social class, age, gender and social status
in society.

The Scope of Protection

Section 2 of Article III of the Constitution protects:

1. Persons: all persons whether accused of a crime or not, whether citizens

or aliens and whether individuals or corporations are protected by this right against
illegal arrest.

2. Houses: all dwelling places, garage, warehouses, shops, store, office or

even a safety deposit vault. But open spaces and fields are excluded.

3. Papers and personal effects: include all sealed letters and packages in
the mail which can be opened and examined only by a search warrant.

Meaning of Search Warrant and Warrant of Arrest

1. Search Warrant: an order in writing, issued in the name of the People of

the Philippines, signed by the judge and directed to a peace officer commanding
him/her to search for certain personal property and bring it before the court.

2. Warrant of Arrest: an order in writing, issued in the name of the People of

the Philippines, signed by the judge and directed to a peace officer commanding him
to arrest a person in order that he/she can answer for the commission of an offense.

Requisites for a valid Search Warrant

1. It must be issued upon probable cause. By probable cause it meant that

facts and circumstances antecedent to the issuance of a warrant are sufficient in
themselves to induce a cautious man or woman to rely upon them and act in
pursuance thereof.

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

 2. The determination of the existence of probable cause must be made a
examination of the judge of the complainant and the witnesses he or she may
produce; and

3. It must particularly describe the place to be searched, and the persons or

thing to be seized.

A. The Scope of this Provision

Section 4 of the Bill of Rights of our Constitution five (5) human rights which
the State must protect by not passing any law in the legislature or Philippine
Congress that curtails these rights:

1. The Right to Freedom of Speech: Every person has the right to speak
what s/he wants to say privately or publicly as long as he or she does not offend or
violate the rights of others and of the State. The freedom of speech is a hallmark of
democracy. In a totalitarian government, the right to speech especially if critical to
the government is curtailed. The most common violation of this right is oral
defamation in which a person destroys the reputation of others by verbal attacks or
malicious gossiping.
Sedition is another crime which can be committed by individuals or groups
against the State by uttering words which promote hatred against a public official or
against the.

2. Right to Freedom of Expression: Expression includes oral utterances,

actions or artistic performances in state, video or film. Every person or group has the
right to express their mind as long as the right of others or the State are not violated.
Pornography, public scandal or libel are the more common violations of
this right in our society.

3. Right to Freedom of the Press: The term press includes every kind of
publications: newspapers, periodicals, journals, magazines, handbills, leaflets, etc.
and all instruments of mass media: radio, television, film, video, etc. Libel or
malicious defamation of another person is using published materials in the press to
destroy reputation of other people.

Activities:

 Make a an infographic or a short multimedia presentation on any of the following:

a. National territory
b. Citizenship
c. Bill of Rights

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

PART 3
Learning Outcomes:
1. Identify the powers of and function of the legislative

LESSON 3: The Legislative Branch of the Philippine Government

LEGISLATIVE POWER
Meaning
In its general sense, legislative power refers to the power to enact or create
laws which includes the power to alter or repeal them. It is essentially the authority,
under our Constitution to make, amend or abolish the law. This power is vested in
the Philippine Congress and it isreserved to the people in cases of initiative and
referendum. Section 1, Article VI, of the 1987 Constitution states that:
. . .[t]he 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.

Bicameral Legislation

The 1987 Constitution dissolved the unicameral or one-house legislature under

the 1973 Marcos Constitution and restored the bicameral system of the 1935
Constitution. A presidential form of government like the Philippines is usually
bicameral while a parliamentary form of government is unicameral or a one-house
legislature. A bicameral legislature for the Philippines means that the legislature
which is the Congress is made of two houses: the Upper House which is the Senate
and the Lower House which is the House of Representatives. H. De Leon (1997)
identified the advantages and disadvantages of a bicameral system as follows:

ADVANTAGES (For those in favor of bicameralism)

(1) A second chamber (Senate) is necessary to serve as a check to hasty and ill-
considered legislation;

(2) It serves as a training ground for future leaders;

(3) It provides a representation for both regional and national interests;
(4) A bicameral legislature is less susceptible to bribery and control of big interests;
and
(5) It is the traditional form of legislative body dating from ancient times; as such, it
has been tested and proven in the crucible of human experience.

Functions and Powers of the Philippine Congress

In general, the Philippine Congress performs various legislative functions for the good
of the country. These include the: (1) definition of the rights and duties of citizens, (2)
imposition of taxes to defray expenses of government, (3) appropriation of public funds, (4)
definition and punishment of crimes, (5) creations and abolition of government offices
including the determination of their jurisdictions and functions, and (6) regulation of human
conduct and the use of property for the promotion of the common good. Because of
multilateral economic agreements and international treaties in this age of free trade under
World Trade Organization where the country is a signatory, the Philippine Congress cannot,
however, enact economic laws which do not conform to these multilateral agreements.
Moreover, the Philippine legislature cannot also pass an ex post facto law and a bill of
attainder as discussed in the previous chapter on human rights.

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

 To fulfill its duty, the Constitution provides the Philippine Congress the following
powers. Some of these are non-legislative in nature and implied as Congress cannot enact,
modify or repeal laws without them:

General Legislative Power--Congress has the general powers to create laws which
include the power to change or abolish the law.

Specific Legislative Powers---These are powers expressly conferred by the

Constitution to Congress. These include the power of appropriation or determining the
national budget of the government, the power of taxation or to enact tax laws, or the power
of expropriation or to pass laws appropriating private property for public use upon payment
of just compensation.

Non-Legislative Powers---These powers do not directly relate to enactment of laws

but nevertheless are performed by Congress as part of its obligations under the Constitution.
These include (1) the power to propose amendments to the constitution such as calling a
Constitutional convention for the revision of the Charter; (2) the power to impeach
impeachable officials such as the President, Vice-President, the Ombudsman, the Chief
Justice and Commissioners of the constitutional bodies such as the COMELEC; (3) the
power to canvas votes for the President and Vice-President; and (4) the power to declare the
existence of a state of war when our country is invaded by another country.

Implied Powers---These are powers which are not expressly given by the
Constitution to
Congress but which are implied from those expressly granted. These include the power to
(1) punish or declare a person in contempt during or in the course of legislative investigation,
and (2) issue summons and notices in connection with legislative inquiry or investigation.
Without these powers, Congress cannot punish people who disregard summons or notices
or disrupt legislative inquiry or investigation in aid of legislation. Contempt powers include
the power to imprison witnesses who directly and indirectly show disrespect for legislative
proceedings of Congress.

Inherent Powers---These powers are inherent to the exercise of legislative powers

by Congress. To be able to perform its functions orderly, Congress has the power to
determine the rules of its proceedings. In case of impeachment proceedings, the House of
Representatives and the Senate have enacted specific rules on how to investigate and
decide on how to remove impeachable officials. The Constitution has expressly given
Congress the power to determine its own internal rules.

CONSTITUTION DISTINGUISHED FROM STATUTE

A constitution is a fundamental law of the land which is directly enacted by the

people. Thus, the legislative power of Congress cannot just amend or revise it without the
consent of the former in a plebiscite. A statute is a type of law that is created by a
lawmaking body like the Philippine Congress. A statute is an “inferior” type of law in the
sense that this must conform and emanate from constitutional law. The Senate, the House of
Representatives and the President cannot pass a bill into a law or statute if it is contrary or
contradictory to the provisions of the constitution. The Supreme Court, upon a valid petition,
can strike out this statute as illegal and unconstitutional.

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

NATIONAL AND DISTRICT LEGISLATORS
The Senate
Composition: The Senate is composed of twenty-four (24) Senators who are elected
at large by the qualified voters of the Philippines nationwide (Art. VI, Sec. 2).

Term of Office: The term of office of the senators is six (6) years and shall commence
at on the 30th of June following their election. They can be reelected for another 6 years but
they cannot serve for more than 2 consecutive terms (Art. VI, Sec. 3-4). Voluntary
renunciation of office for any length of time shall not be considered an interruption in service
for the full term for which he was elected (Art. VI, Sec. 3-4).

Qualifications: The qualifications of a senator are the following (Art. VI, Sec.3):

(1) A natural-born citizen of the Philippines;

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

 (2) at least 35 years of age on the day of the election;
(3) able to read and write;
(4) a registered voter; and
(5) a resident of the Philippines for not less than two (2) years
immediately preceding the day of elections.

Immunities: One of the privileges of senators is that they cannot be arrested on a

criminal charge punishable by 6 years imprisonment or less while
Congress is in session. They cannot also be charged with libel for their
privilege speeches delivered in the Senate. If they are charged with
oral defamation, slander, slight physical injury, unjust vexation or any
minor crimes, the police cannot arrest them in Congress.
House of Representatives in plenary session

Composition: Under the 1987 Constitution the House of Representatives is

composed of 250 members elected from legislative districts and
party-list groups. This was, however, increased as of 2012 to 286 members: 230 district
representatives and 56 party-list representatives. Since 1987, more legislative districts were
created by Congress and more party-list groups were accredited by COMELEC and have
won seats in Congress. Thus, the total number of congressmen and women has increased.
The Constitution, however, limits the total number of party-list representatives to only 20
percent of the number of representatives inCongress. (Art. VI, Sec. 5). A district
representative is elected to Congress if he or she garnered thehighest vote in the district. A
party-list congressman or woman is elected in Congress if after being nominated by the
party-list group s/he got at least 3% of the total votes of all districts nationwide. This can
increase to 2 or 3 seats for the party-list if it gets more votes throughout the country.

Term of Office: The term of office of House representatives is three (3) years. But
they cannot be elected for more than 3 consecutive terms.

Qualifications: The qualifications of a representative in Congress are the following

(Art. VI, Sec. 6):

(1) a natural-born citizen of the Philippines;

(2) at least 25 years of age on the day of election;
(3) able to read and write;
(4) in case of a party-list representative, a registered voter in the
District in which he or she shall be elected (a registered voter
anywhere in the Philippines for party-list representative); and
(5) a resident thereof for a period of not less than one (1) year
preceding the day of the election.

Immunities: A representative in the House of Representatives whether district or

party-list she cannot be arrested on a criminal charge punishable by 6 years imprisonment
or less while Congress is in session. He or she cannot also be charged with libel for his or
her privilege speech delivered in the Senate. If he or she is charged with oral defamation,
slander, slight physical injury, unjust vexation or any minor crimes, the police cannot arrest
him or her in Congress.

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

Activities:

 Prepare a short video Informercial explaining the legislative branch of the Philippines.
Send the video via email.

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

PART 4
Learning Outcomes:
1. Craft affective learning outcome for the different levels in the affective domain

LESSON 4: The Executive Branch of the Philippine Government

THE NATURE OF EXECUTIVE POWER

In an indirect democratic or republican political system, the government is often divided
into three (3) separate, independent but interdependent powers, namely: the executive,
legislative and judicial. Executive power is generally defined as “the power to administer the
laws, which means carrying them into practical operation and enforcing their due
observance” (Cooley, 183). In another definition, executive power is the power to enforce or
implement the laws of the land. For the German sociologist Max Weber, a law or rule cannot
be considered a true standard for action unless there is somebody who is in-charge in
enforcing it. Thus, in the Philippine, laws will be mere words and prescriptions that guide
action if there are no law enforcers that implement them. Under the 1987 Constitution. The
person who is vested with full executive powers to administer the laws of the republic is the
President. Of course, s/he is not alone in doing this job. He is assisted by a whole group of
public officers who share executive powers with him by virtue of delegation of powers. Those
who join him in administering the laws are appointed and elected local officials such the
governors, mayors, or barangay captains, cabinet members or secretaries of the different
department of our government like the departments of Justice (DOJ), energy (DOE), health
(DOH), finance (DOF), tourism (DOT), trade and industry (DTI), transportation and
communication (DOTC), public works (DPWH), etc. The chairman of the Metro Manila
Development Authority (MMDA) also belongs to the executive branch and carries the rank of
a cabinet member.

QUALIFICATIONS OF THE PRESIDENT AND VICE-PRESIDENT

The qualification of the President and Vice-President is the same under the
Constitution.
Citizenship

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

 Both the President and the Vice-President must be natural-born citizen. A natural-born
Filipino citizen as mentioned in Chapter III is a citizen of the Philippines from birth without
having to perform an act to acquire or perfect his Philippine Citizenship.
Registered Voter
A registered voter is one who is duly registered in the list of voters because he
possesses the qualification for suffrage, as required by Article V, Section 1 which states:
Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen (18) 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.
Education

The Constitution does not provide a higher level of educational attainment for those who
would want to be President or Vice-President. Presumably, the Constitution wants to widen
the access to these positions to as many people as it can. It only requires candidates to be
“able to read and write” to qualify. Many of the Philippine Presidents were highly educated.
In fact, some were bar topnochers and brilliant lawyers like Marcos, Roxas and Macapagal.
Joseph Estrada is the only President who was a college drop-out.
Age
The presidential and vice-presidential candidates must be at least forty (40) years of
age on the day of the election, not on the day of the filing of candidacy nor on the day of
their proclamation.
Residency
The Constitution requires that those who would want to become President or Vice-
President must be acquainted with the economic and political conditions of the country in
order that they can gain insight on how to run the country in case they elected into office.
Thus, it requires that both candidates must reside in the country at least 10 years
immediately preceding the election.

The Canvassing and Proclamation

As provided in Article VII of the Constitution, the election for the President and Vice-
President is set on the second Monday of May, six years thereafter. Unlike the senators
whose Board of canvassers for the counting of votes is the COMELEC en banc, the votes for
the President and Vice-President are canvassed by Congress consisting of senators and
congressmen/women seating in joint public session. It is the same Congress who will
proclaim the President-elect and the Vice-President elect. If there is a complaint questioning
the canvassing or proclamation, the proper venue is not the COMELEC but the Supreme
Court as provided by law.

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

Term of Office
Under the 1935 Constitution, the term of the President and Vice-President is four (4)
years with reelection. But this has been changed by the 1987 Constitution owing to the
Marcos dictatorship experience that allows a dictator to rule the country beyond what the
Constitution requires. In the 1987 Constitution, the term of the President has been reduced
to six (6) without reelection. It begins at the noon of the thirtieth day (30th) of June next
following the day of the election (Art. VII, Sec. 4) and ends at noon of the same date six
years thereafter.
The Vice-President, unlike the President, is eligible for reelection. But the Constitution
disallows him or her to run for more than two (2) consecutive terms (Sec. 4, par.2, Art. VII),
although eligible to run as President for his or her third election. Moreover, the Vice
President who has succeeded and served as President for more than four (4) years (even in
an acting capacity) is also disqualified for election to the same office at any other time.
The voluntary renunciation of the office of the Vice-President for any length of time does
not interrupt the continuity of the service for the full term of six years. Thus, if the Vice-
President resigns on the second day in office, this is considered being served for full six
years. So s/he is disqualified to run for the next election.
The President is disqualified for reelection, but is qualified to run for a lower position
after finishing six years as President, as in the case of former President Arroyo who run as a
congresswoman of Pampanga after finishing her term. The Vice-President too is qualified to
run for a lower position after serving the maximum number of terms.

POWERS OF THE PRESIDENT

Administrative Powers
The President has the power of control over the executive departments of the
government and supervisory powers over all local government units (LGUs) such that of the
province, city, municipality and barangay.
Military Powers

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

 Powers of the President as Commander-in-Chief includes the power to:
(1) call out the armed forces to prevent or suppress lawless violence, invasion, or
rebellion; and
(2) create military tribunals to try persons who violate military laws or commit
crimes against national security.

Power to suspend writ of habeas corpus under the following necessary

conditions:

(1) There must be invasion or rebellion; and

(2) The public safety must require the suspension.

Power to declare Martial Law during invasion or rebellion.

Pardoning Powers
Under Article VII, Section 19 of the 1987 Constitution, the President has the power to
grant reprieves, commutations and pardons and remit fines and forfeitures, after conviction
by final judgment. The pardoning powers of the President include the following:
Reprieve: it is the postponement of the execution of a death sentence to a certain
date.
Suspension: this refers to the postponement of an execution of death to an indefinite
time. It can be performed on the next day, week or month depending on
the order of the President.

Commutation: this refers to the reduction of sentence imposed to a lesser

punishment, as from death penalty to life imprisonment. It can be granted without the
acceptance and even against the will of the prisoner.

Pardon: this 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 from a crime he has committed (De Leon vs.
Director of Prisons, 31 Phil. 60).

Two Kinds:

(1) Absolute: when pardon is not subject to any condition whatsoever. It becomes
effective when made.

(2) Conditional: when it is given subject to any condition or qualification the

President may see fit. It must be accepted by the prisoner to
become effective.
Pardon distinguished from Amnesty

Amnesty: it is an act of the sovereign power granting oblivion or a general pardon

for A past offense usually granted in favor of certain class of persons who have committed
crimes of a political character, such as treason, sedition or rebellion. An Amnesty
proclamation of the President needs approval of Congress.

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

 Parole: this is a process in which the prisoner is released from imprisonment, but
without full restoration of liberty as a parolee is still in the custody
of the law.

Remission of fines and forfeitures: the president can remit fines and
forfeitures for any offenses after final conviction. This prevents collection of fines or
the confiscation of forfeited property of the convict.

Activities:

 Create an organizational chart showing the The Executive Branch of the Philippine
Government with its details.
 Make a short report on the currents issues concerning the Executive Branch.

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

PART 5
Learning Outcomes:
2. Identify the powers of and function of the judiciary
3. Explain how a president exercise control over all departments and offices of the
country
4. Enumerate and discuss the power of the Supreme Court
5. Identify the power of the president over local government units and the power of the
local government as granted by the constitution

LESSON 5: The Philippine Judiciary and the Local Government

JUDICIAL POWER
Meaning
Generally speaking, judicial power refers to the power to interpret the law and to settle
legal cases. In particular, judicial power has been described by the present 1987 Philippine
Constitution as: 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 (Sec. 1, Art. VIII).

Expanded Meaning under the 1987 Constitution

Compared to the previous 1973 Constitution during the Marcos era, this definition of
judicial power under the 1987 Constitution has a wider scope. Under the 1973 Constitution,
the judicial power was vested in one Supreme Court and lower courts but its scope was only
limited to interpreting laws and deciding legal disputes but not reviewing any decision done
with grave abuse of discretion by any government agency or instrumentality. In practical
terms, the old definition did not allow the courts, especially the Supreme Court, to directly
entertain petitions for review or certiorari for a decision rendered by any government officer
perceived by an aggrieved party to be biased or done with grave abuse of power. A certiorari
is a writ issued to annul or modify the proceedings, as the law requires, of a tribunal, board,
or officer exercising judicial functions, who has acted without or in excess of its jurisdiction,
or with grave abuse of discretion, there being no appeal, nor any plain, speedy, and
adequate remedy in the ordinary course of law” (Moreno 1972: 94).

COMPOSITION OF THE SUPREME COURT

Under our existing 1987 Constitution, the total members of the Supreme Court are
fifteen (15), consisting of 1 Chief Justice and 14 Associate Justices. As shown in the
comparative table below, there was an increase of Justices of the Supreme Court from 11
members to 15 members in 1935 to 1973. However, this total membership of the
Supreme Court did not increase in the 1987. The total population of the country and legal
cases filed in courts have increased significantly. This non-increase of the members of
the Supreme Court can have a significant effect on the disposition of cases as shown in the
statistics of cases filed and pending in the Supreme Court towards the end of this chapter.

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

 As a general rule, justices of the Supreme Court decide criminal, civil and
administrative cases by divisions unless provided by the rules that they should decide as
one collegiate body or in an en banc session. At present, 15 justices of the Supreme Court
sit in 3 divisions with 5 members for each division. The First division is headed by the Chief
Justice, the second division by the most senior associate justice, and third division by the
second most senior justice.

More serious legal matters which have significant impact on the country are heard and
decided by en banc such as:

A. All cases involving the constitutionality of a/an:

(1) Treaty
(2) International Agreement
(3) Executive Agreement
(4) Law

B. All other cases which under the Rules of Court are required to be heard en banc.

C. All cases involving the constitutionality, application or operation of:

(1) Presidential Decrees

(2) Proclamations
(3) Orders
(4) Instructions
(5) Ordinances

POWERS OF THE SUPREME COURT

Original Jurisdiction

Under Article VIII, Section 5 (1), the Supreme Court shall have the power to exercise
original jurisdiction over (1) cases affecting ambassadors, other public ministers and
consuls, and over (2) petitions for certiorari, prohibition, mandamus, quo warranto, and
habeas corpus.

Appellate Jurisdiction

Under Article VIII, Section 5 (2), the Supreme Court shall have the power to review,
revise, reverse, modify, or affirm on appeal or certiorari, as the law or Rules of Court may
provide, final judgments and orders of lower courts in:

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

 (1) 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.
(2) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
(3) All cases in which the jurisdiction of any lower court is in issue.
(4) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(5) All cases in which only an error or question of law is involved.

Administrative Powers

Under Article VIII, Section 5 (3,4,5,6), the Supreme Court does not only interpret the
law and decide cases, but it also exercises administrative powers to supervise all the courts
of the land as well as the admission and practice of law by lawyers. Thus, the Supreme
Court can:

(1) Assign temporarily judges of lower courts to other stations as public interest may
require. Such temporary assignment shall not exceed six months without the consent of
judge concerned.
(2) Order a change of venue or place of trial to avoid a miscarriage of justice.
(3) Appoint all officials and employee of the Judiciary in accordance with the Civil
Service Law.
(4) Promulgate rules concerning:

(i) the protection and enforcement of constitutional rights;

(ii) pleadings in courts;
(iii) the practice of law by lawyers;
(iv) procedure in all courts;
(v) the admission to the practice of law;
(vi) the integrated Bar; and
(viii) legal assistance to the underprivileged.

Activities:
 Prepare a Case Analysis on any issues concerning the Judiciary branch of the
Philippines.

PART 5

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

 Learning Outcomes:
1. State the goals of the national economy and the strategies to achieve them
2. Enumerate the powers and functions of the Commission on Human Rights
3. Be able to summarize what they’ve learned and emphasize the importance of this
course in the everyday life, as well as its importance to the career they want to
pursue

LESSON 5: National Economy and Patrimony, Social Justice and Human Rights

ARTICLE XII

NATIONAL ECONOMY AND PATRIMONY

Section 1. The goals of the national economy are a more equitable distribution of
opportunities, income, and wealth; a sustained increase in the amount of goods and services
produced by the nation for the benefit of the people; and an expanding productivity as the
key to raising the quality of life for all, especially the underprivileged.

The State shall promote industrialization and full employment based on sound agricultural
development and agrarian reform, through industries that make full and efficient use of
human and natural resources, and which are competitive in both domestic and foreign
markets. However, the State shall protect Filipino enterprises against unfair foreign
competition and trade practices.

In the pursuit of these goals, all sectors of the economy and all regions of the country shall
be given optimum opportunity to develop. Private enterprises, including corporations,
cooperatives, and similar collective organizations, shall be encouraged to broaden the base
of their ownership.

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned by the State. With the exception of agricultural
lands, all other natural resources shall not be alienated. The exploration, development, and
utilization of natural resources shall be under the full control and supervision of the State.
The State may directly undertake such activities, or it may enter into co-production, joint
venture, or production-sharing agreements with Filipino citizens, or corporations or
associations at least sixty per centum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty-five years, renewable for not more
than twenty-five years, and under such terms and conditions as may be provided by law. In
cases of water rights for irrigation, water supply fisheries, or industrial uses other than the
development of water power, beneficial use may be the measure and limit of the grant.

The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea,
and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino
citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino
citizens, as well as cooperative fish farming, with priority to subsistence fishermen and
fishworkers in rivers, lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving either
technical or financial assistance for large-scale exploration, development, and utilization of
minerals, petroleum, and other mineral oils according to the general terms and conditions

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

provided by law, based on real contributions to the economic growth and general welfare of
the country. In such agreements, the State shall promote the development and use of local
scientific and technical resources.

The President shall notify the Congress of every contract entered into in accordance with
this provision, within thirty days from its execution.

Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral
lands and national parks. Agricultural lands of the public domain may be further classified by
law according to the uses to which they may be devoted. Alienable lands of the public
domain shall be limited to agricultural lands. Private corporations or associations may not
hold such alienable lands of the public domain except by lease, for a period not exceeding
twenty-five years, renewable for not more than twenty-five years, and not to exceed one
thousand hectares in area. Citizens of the Philippines may lease not more than five hundred
hectares, or acquire not more than twelve hectares thereof, by purchase, homestead, or
grant.

Taking into account the requirements of conservation, ecology, and development, and
subject to the requirements of agrarian reform, the Congress shall determine, by law, the
size of lands of the public domain which may be acquired, developed, held, or leased and
the conditions therefor.

Section 4. The Congress shall, as soon as possible, determine, by law, the specific limits of
forest lands and national parks, marking clearly their boundaries on the ground. Thereafter,
such forest lands and national parks shall be conserved and may not be increased nor
diminished, except by law. The Congress shall provide for such period as it may determine,
measures to prohibit logging in endangered forests and watershed areas.

Section 5. The State, subject to the provisions of this Constitution and national development
policies and programs, shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights
or relations in determining the ownership and extent of ancestral domain.

Section 6. The use of property bears a social function, and all economic agents shall
contribute to the common good. Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have the right to own, establish, and
operate economic enterprises, subject to the duty of the State to promote distributive justice
and to intervene when the common good so demands.

Section 7. Save in cases of hereditary succession, no private lands shall be transferred or

conveyed except to individuals, corporations, or associations qualified to acquire or hold
lands of the public domain.

Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of

the Philippines who has lost his Philippine citizenship may be a transferee of private lands,
subject to limitations provided by law.

Section 9. The Congress may establish an independent economic and planning agency
headed by the President, which shall, after consultations with the appropriate public
agencies, various private sectors, and local government units, recommend to Congress, and
implement continuing integrated and coordinated programs and policies for national
development.

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

Until the Congress provides otherwise, the National Economic and Development Authority
shall function as the independent planning agency of the government.

Section 10. The Congress shall, upon recommendation of the economic and planning
agency, when the national interest dictates, reserve to citizens of the Philippines or to
corporations or associations at least sixty per centum of whose capital is owned by such
citizens, or such higher percentage as Congress may prescribe, certain areas of
investments. The Congress shall enact measures that will encourage the formation and
operation of enterprises whose capital is wholly owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy and
patrimony, the State shall give preference to qualified Filipinos.

The State shall regulate and exercise authority over foreign investments within its national
jurisdiction and in accordance with its national goals and priorities.

Section 11. No franchise, certificate, or any other form of authorization for the operation of a
public utility shall be granted except to citizens of the Philippines or to corporations or
associations organized under the laws of the Philippines, at least sixty per centum of whose
capital is owned by such citizens; nor shall such franchise, certificate, or authorization be
exclusive in character or for a longer period than fifty years. Neither shall any such franchise
or right be granted except under the condition that it shall be subject to amendment,
alteration, or repeal by the Congress when the common good so requires. The State shall
encourage equity participation in public utilities by the general public. The participation of
foreign investors in the governing body of any public utility enterprise shall be limited to their
proportionate share in its capital, and all the executive and managing officers of such
corporation or association must be citizens of the Philippines.

Section 12. The State shall promote the preferential use of Filipino labor, domestic materials
and locally produced goods, and adopt measures that help make them competitive.

Section 13. The State shall pursue a trade policy that serves the general welfare and utilizes
all forms and arrangements of exchange on the basis of equality and reciprocity.

Section 14. The sustained development of a reservoir of national talents consisting of

Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower
and skilled workers and craftsmen in all fields shall be promoted by the State. The State
shall encourage appropriate technology and regulate its transfer for the national benefit.

The practice of all professions in the Philippines shall be limited to Filipino citizens, save in
cases prescribed by law.

Section 15. The Congress shall create an agency to promote the viability and growth of
cooperatives as instruments for social justice and economic development.

Section 16. The Congress shall not, except by general law, provide for the formation,
organization, or regulation of private corporations. Government-owned or controlled
corporations may be created or established by special charters in the interest of the common
good and subject to the test of economic viability.

Section 17. In times of national emergency, when the public interest so requires, the State
may, during the emergency and under reasonable terms prescribed by it, temporarily take

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

over or direct the operation of any privately-owned public utility or business affected with
public interest.

Section 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.

Section 19. The State shall regulate or prohibit monopolies when the public interest so
requires. No combinations in restraint of trade or unfair competition shall be allowed.

Section 20. The Congress shall establish an independent central monetary authority, the
members of whose governing board must be natural-born Filipino citizens, of known probity,
integrity, and patriotism, the majority of whom shall come from the private sector. They shall
also be subject to such other qualifications and disabilities as may be prescribed by law. The
authority shall provide policy direction in the areas of money, banking, and credit. It shall
have supervision over the operations of banks and exercise such regulatory powers as may
be provided by law over the operations of finance companies and other institutions
performing similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines operating under
existing laws, shall function as the central monetary authority.

Section 21. Foreign loans may only be incurred in accordance with law and the regulation of
the monetary authority. Information on foreign loans obtained or guaranteed by the
Government shall be made available to the public.

Section 22. Acts which circumvent or negate any of the provisions of this Article shall be
considered inimical to the national interest and subject to criminal and civil sanctions, as may
be provided by law.

Activities:

1. Prepare a short video campaign promoting Human Rights in the Philippines.

2. Make a research on the current situation of the country’s economy. Present it using
graphical representation.

References:
Agoncillo, Teodoro A. (1990). History of the Filipino People. Quezon City: Garotech
Publishing.
Cruz, Isagani A (1999). Constitutional Law, 1998 Edition. Quezon City: Phoenix Publishing,
Inc.
Dannug, Roman R. & Campanilla, Marlo B. (2004). Politics, Governance and Government
with Philippine Constitution, Second Edition. Quezon City: C & E Publishing, Inc.
De la Costa, Horacio (1965). Readings in Philippine History. Manila: Bookmark.
De Leon, Hector (1997). Textbook on the New Philippine Constitution. Manila: Rex
Bookstore.

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION

Zaide, Sonia M (1996). Political Science, Second Edition. Quezon City: All-Nations
Publishing Co., Inc.

Zialcita, Fernando N. (1997) in Diokno, Serena I (ed). Democracy & Citizenship in Filipino
Political Culture, Philippine Democracy Agenda: Volume 1.
Prepared by:

CHRISTIAN M. CATAJAY
Instructor

SOSC 5 – PHILIPPINE GOVERNMENT, POLITICS AND CONSTITUTION