PHILIPPINE GOVERNMENT AND CONSTITUTION Course Guide
A: Course Overview: This course presents basic concepts, principles, processes, rights and institutions necessary for the understanding of the framework of the Philippine Government and the fundamental charter from which it is founded (the Constitution). B: Course Goals: At the end of the semester, you are expected to: 1. acquire basic knowledge regarding the concepts and principles behind Philippine Government and Constitution; 2. to apply this basic knowledge for you to critically analyze and formulate intelligent opinions on certain political issues besetting the Philippine government; and 3. to better exercise your rights and discharge your corresponding obligations to others as responsible members of a democratic society. C: Materials: In taking this subject, you are required to secure a copy of this course guide as well as all of the modules containing the topics to be covered and study guides, if any. You must also refer to any of the updated editions of textbooks on the subject and to the 1987 Philippine Constitution. Newspaper broadsheets and journals will also be used in relating concepts being studied to contemporary political issues. D. Topics and Subject Matter: PRELIM I. Politics, Power and Authority 1. Concepts of Politics a. Neutral Concept b. Evaluative Concept c. Pejorative Concept 2. Power: The Tool of Politics a. Views on Power a.1. Conservative View a.2. Liberal View a.3. Radical View b. The Bases of Authority (Legitimate Power) by Max Weber b.1 Traditional Authority b.2 Charismatic Authority b.3 Legal-Rational Authority II. The Concept of the State, Government and Constitution 1. The State a. Definition b. Physical and Political Element 2. The Government a. General and Specific Functions of the Government b. The Inherent Powers of the Government Power of Eminent Domain Police Power Power of Taxation
c. Classification and Forms of Government c.1 According According to Seat of P ower Monarchy Oligarchy or Aristocracy Democracy Dictatorial Government Military Government c.2. According to Legitimacy De Facto (Government of Force) De Jure (Government of Law) c.3 According to the relationship between the three branches of government Presidential Parliamentary Parliamentary c.4 According According to the extent exte nt of power of the national government Unitary Federal 3. The Constitution a. Nature and Purpose of the Constitution b. Classification and Forms b.1 According to Origin Conventional or Enacted Cumulative or Evolved b.2 According to Form Written Unwritten b.3 According to difficulty of amendment or revision Rigid or Inelastic Flexible or Elastic c. Methods of Constitutional Amendments or Revisions Constitutional Convention Constituent Assembly Initiative MIDTERM III. The Preamble and the Philippine National Territ ory (Art. I) 1. Meaning and Objective of a Preamble 2. National purposes and aims in adopting the Philippine Constitution as set forth in the preamble 3. The importance of defining the national territory 4. Scope of the Philippine national territory 5. The Archipelagic Principle of Territoriality 6. Philippine Territorial Claims IV. The National Principles of the Philippine Republic (Art. II)
1. The Philippines being a democratic and republican state. (Sec. 1) a. Manifestations of a Republican State. Human rights Rule of the majority and the right of minority Government of laws and not of men Elections through popular will Separation of powers and check and a nd balances Non-passage of irrepealable laws Existence of the law on public officers Non-suability of the State b. Means through which Filipinos exercise sovereignty Directly through suffrage Indirectly through public officials 2. Principles governing foreign policy. (Sec. 2) a. Renunciation of [aggressive] war as an instrument of national policy. b. Adoption of international law as part of the law of the land c. Adherence to the policy of peace, equality, justice, freedom, cooperation and amity with all nations 3. The supremacy of civilian authority over military authority (Sec. 3) Manifestations of civilian supremacy s upremacy 4. To serve and protect the people as the prime duty of the government (Sec. 4) 5. Peace and order; protection of life, liberty and property and promotion of general welfare as essential factors for the enjoyment of the blessings of democracy. (Sec.5) 6. The inviolability of the separation of Church and State. (Sec. 6) Manifestations of the separation of Church and State. V. Human Rights 1. Definition of Right 2. Classes of Rights a. Natural Rights b. Constitutional Rights Political Rights Civil Rights Rights of the Accused c. Statutory Rights 3. The Term Person in Legal Context a. Civil Personality Natural Person Juridical Person b. Political Personality (Citizenship) 4. Classes of Constitutional Rights a. Civil Rights
Social and Political Rights Rights of the Accused b. Political Rights 5. Social and Economic Rights a. Right to life, liberty l iberty and property (Art. III, Sec.1) Meaning of deprivation of life, liberty and property b. Right to due process of law (Sec.1) Meaning of due process of law Aspects of due process of law (procedural and substantive due process) c. Right to equal protection of the laws (Art. I II, Sec. 1) d. Right against unreasonable searches searches and seizures (Art. I II, Sec. 2) Meaning of Search Warrant and Warrant of Arrest Requirements for the issuance of a warrant Instances when searches and seizures can be done without a warrant. The Plain View Doctrine e. Right to privacy of communication and correspondence (Art. III, Sec. 3) DEPARTMENTAL f. Freedom of Expression (Art. III, Sec. 4) Speech Press Assembly Petition Association (Art. III, Sec. 8) Religious freedom (Art. III, Sec. 5) Tests of Reasonable Restrictions on the Freedom of Expression (Obscenity Test, Clear and Present Danger Test and Dangerous Tendency Test) g. Liberty of Abode and the Right to Travel T ravel (Art. III, Sec. 6) h. Right to just compensation for private property taken for public use. (Sec. 9) i. Right to education (Art. XIV, Sec. 1 and 2) j. Right to labor (Art. XIII, XIII , Sec. 3) k. Right to health (Art. II, Sec. 18 / Art XIII, Sec. 11-12) 6. Rights of the Accused (Art. III, Sec. 11 - 21) VI. Citizenship (Article IV) 1. Meaning and Implications of Citizenship 2. Methods of Acquiring Citizenship a. Involuntary Method Jus sanguinis Principle
Jus soli/loci Principle b. Voluntary Method (Naturalization) 3. Kinds of Citizen a. Natural-Born b. Naturalized VII. Suffrage (Article V) 1. Meaning of Suffrage 2. Forms of Suffrage a. Election b. Recall c. Plebiscite d. Referendum e. Initiative 3. Qualifications of Filipino Voters FINAL VIII. The Three Branches of the Philippine Government A. Legislative Department (Article VI) 1. The Philippine Congress a. Composition The House of Senate The House of Representatives b. Powers of Congress General Legislative Powers Specific Powers Implied Powers c. Sessions of Congress Regular Special Executive Closed 2. Meaning of a Bill, Statute and Resolution 3. Steps in the Passage of a Bill B. The Philippine Executive Branch (Article VII) 1. Meaning of Executive Power 2. Qualifications, Term of Office and Maximum Terms of the President and the Vice-President 3. Powers of the President 4. The Cabinet and Government Executive Agencies
C. The Philippine Judicial Branch (Article VIII) 1. Meaning and Scope of Judicial Power 2. Organization and Jurisdiction of Philippine Courts 3. Powers of the Supreme S upreme Court 4. Qualifications for the members of the Supreme Court IX. Constitutional Commissions (Art. IX) Civil Service Commission Commission on Audit Office of the Ombudsman (Art. XI, Secs. 5-14) Commission on Human Rights (Art. XIII, Secs. 17-19) Electoral Tribunals Commission on Appointments in Congress (Art. VI, Sec. 17-19) X. Accountability Accountability of Public Officers (Art. (A rt. XI) The Nature of Public Office (Sec. 1) Grounds for Disciplinary Action in the Civil Service Impeachment a. Meaning , Nature and Purpose of Impeachment b. Impeachable Officials c. Grounds, Procedures and Penalty for Impeachment I mpeachment Cases Removal of Other Officials Members of Congress (Art. VI, Sec. 16[3]) Lower court judges (Art. IX, Sec. 11) CSC Officers and Employees (Art. IX, B-Sec. 2[3]) Cabinet Members Sandiganbayan: Sandiganbayan: Anti-Graft A nti-Graft Court Office of the Ombudsman (Tanodbayan) (Tanodbayan) E. Course Requirements: To pass the course, you must attend classes regularly and obtain a passing average of the marks of the four (4) periods (Prelim, Midterm, Departmental, and Final). Other requirements include written compositions, case studies/analysis and participation in a graded recitation to be conducted towards the end of every g rading period. F. References: All the topics of the lecture were posted at www.philgovernment.blogspot.com.
You are free to consult any reading materials, especially those which are readily available at the school library, which may be related to the lesson being taken up. The following are the suggested title of the reference textbooks: 1. Textbook on the 1987 Philippine Constitution by Hector S. De Leon 2. The Constitution of the Philippines: Ph ilippines: Notes and Comments by Emmanuel T. Santos 3. Discourses on the 1987 Philippine Constitution 3. Fundamentals of Political Science (Ayson) 4. Principles of Political Science S cience (Aruego) G. Grading System: Final grade shall be determined by AVERAGING the marks of the four (4) periods (Prelim Grade + Midterm Grade + Departmental Grade + Final Grade ÷ 4). Grades for each period shall be determined as follows: Quizzes Major Exams Assignments Projects Oral Participation/Attendance/Behavior Participation/Attendance/Behavior
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15% 40% 10% 20% 15%
H. Contact Information and Consultation Hours: For class-related concerns, I prefer to be contacted at my email address
[email protected]. In case of matters that need my immediate personal intervention, you may see me at my office at Compendio Law Office, Brgy. 5, Nasipit, Agusan del Norte or you may call me at 343-2192 during office hours.
