Politics-and-Governance-lecture.docx

Aklan State University COLLEGE OF INDUSTRIAL TECHNOLOGY Kalibo, Aklan SOCIAL SCIENCE 4 (POLITICS AND GOVERNANCE WITH PHILIPPINE CONSTITUTION)

THE NATURE OF POLITICS The term “political” is taken from the Greek word polis word polis,, meaning-city meaning-city state. “Science” on the other hand, is derived from the Latin scire, scire, meaning “to know” and ciencia, ciencia, which means “knowledge” or “study.” In “study.” In ancient Greece, they called their small community “polity,” from which the words “politics was coined. Political Science Science is considered to be a branch of the social sciences which deals with the origin, organization, government theories and practices of the state. It is “the systematic study of politics mainly involving the relations people have with the government. Politics are “activities associated with the governance of a country, especially the struggle between parties hoping to achieve power”. It is synonymous to “who gets what and how.” Robert Dahl define politics as an art of manipulating, influencing or controlling act or acts to achieve the purposes of one or some against the opposition of the other or others. Governance Governance on the other hand, is defined as the exercise of political, economic, and administrative authority in the management of a countr y’s countr y’s affairs at all levels. Government on the other hand is a system consisting of fundamental rules and principles by which a nation or a state is governed. Importance of Political Science It is said that in the Philippines, politics is everybody’s business. Whether we like it or not, we are and we will always be, part of the government and therefore of politics throughout our lifetime: our birth and death certificates must be registered with the state, when we travel abroad, we need a passport and visa, which are both state documents. To a large extent, our lives and activities are governed and regulated by the state. Political Science provides a special background for those individuals wanting to specialize in the social sciences or in professions such as law, education, business, journalism and foreign service. It enables every Filipino to become aware and have a deeper understanding and appreciation of his rights and duties as a citizen. Consequently, he is able to intelligently exercise his right to suffrage during elections and his right to free speech. This also provides him with more opportunity to logically discuss and analyze public issues and questions, criticize cases of graft and corruption, and other forms of dishonesty in government, and if elected, efficiently assume and exercise the duties and responsibilities of a public official. Finally, the study of political science provides a useful tool for the Filipino who aims to participate actively and effectively in the country’s political growth and development. Functions of Political Science The function of political science is to discover the principles that should be observed in public affairs; to study critically the operations of government in order to recognize what is good and desirable; to criticize what is bad or inefficient and to suggest improvements, if needed ( De Leon, 2002). The findings made in political science are of immense value to executives, legislators, judges and drafters of the constitution who need norms or models that be can applied to various situations. Also, they are of great practical value to citizens trying to know and understand the country they belong to. The study of political science deals with societal issues and problems related to economic programs, social welfare, international cooperation, military alliances and agreements which are of great concern to government officials as well as to the citizenry. Power and Politics What lies in the heart of politics? Power . But what is power? Power is the alpha and omega of politics. Power is the capacity to compel or influence others to alter their behavior or to do what they would not do otherwise. It is the ability of one person to cause another to do what he wants by whatever means. Power is one Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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Professor:: JVFuentes

of the scarce resources because not everybody has the power or has access to power. Those with the highest eminence in their branch of activity are the “elites.” These are the individuals or aggregate of individuals who hold high positions in the government or in any institution. In politics and governance, these are the political elites; elites; in the military, those on the top hierarchy of the armed forces of the country are the military elites; elites; economic elites are elites are the capitalists who have the resources to control production, agriculture, commerce, trade or industry On the other hand, counter-elites counter-elites are the leaders who want to obtain power, to grab power or be restored in power. Their immediate aim is to dislodged those who are in power. Based on the tactics employed, counter-elites may be classified as revolutionary, pacific, strategic, or legalistic. Revolutionary counter-elites employ violent means; while the non-revolutionary counter-elites are pacific and legalistic in their approach, strategic elites on the other hand are the interest groups, institutions, or political parties who assess a situation and map out actions to be taken. Power is the highest goal of political life. In the study of politics, the grim realities in the pursuit of power is tackled with the view, that man himself is the end of politics. In an empirical approach, Lord Acton Acton for his part believes that power is the source of corruption. For him, “power tends to corrupt and absolute power powe r corrupts absolutely .” In a pragmatic point of view however, Wayne Dyer , disagreed with Lord Acton when he said, “weakness tends to corrupt and impotency corrupts absolutely.” Here Here we may conclude that the drive to obtain power is not necessarily evil as long as abuses and excesses are avoided. This was emphasized by Aristotle, Aristotle, the great Greek philosopher when he stressed temperance and prudence as essential virtues of a good ruler. In social setting, these competing or conflicting groups take active roles to pursue their respective goals. Seemingly, there is a constant tug-of-war between the elites and the counter-elites. Nevertheless, there is also a portion of the public which neither participates in public affairs nor takes part actively in confronting social and political issues. This portion constitutes the apolitical population. population. Once this mass portion however is highly politicized and mobilized, this can be a powerful force that can effect drastic change in a society. In a democratic community, political power of a state refers to the mutual recognition and respect between the authority and the people at large. The government controls or influences the people who expect benefits and protection or fear punishments from the government when they break the law. The state ought to protect and guarantee general welfare and the latter must support and defend the state. Where leadership is anchored on popularity, public approval defends upon the swift or calculated moves of the regime. It calls for careful balancing of values and priorities and the receptiveness of the public which is reflective of culture and political power of the state. Historians, theologians, psychologists, political scientists and sociologists pointed out that politics includes manipulation, fraud, and violence. Consequently, politics and governance are laden with graft and corruption. From our usual dealings with each other daily, by presentation and argumentation on the negotiating table, by haggling with each other, to shadowy deals or violent means to achieve our goals, we now come into conclusion that politics is an inescapable fact of life. Thus: while we may perceive politics as dirty and undesirable, all of us play politics. Language of Politics 1. 2. 3.

4.

5. 6. 7.

Affinity – Affinity – is is a connection existing in consequence of marriage or relationship established by operation of law. Authority – is one’s right to exercise power and influence which emanates from being placed in a particular position through legal or widely accepted set of procedures. – is kinship or blood relationship who descended from the same stock or common Consanguinity – ancestors such as parents to children, brothers and sisters, cousins, nieces and nephews, aunts and uncles, and so on. Compadrazgo System – – is extending family ties either by consanguinity (blood relationship) or by ceremonial or religious affiliation. In weddings, baptism and confirmation for instance, relationships are established between and among the couple, god-children, their parents and the sponsors. Electorate – Electorate – refers refers to person or persons qualified to vote during election. Ideology – – literally means ideas and logic. These are logical ideas that justify the maintenance or abolition of the existing set up or the status quo. Institution – – are structures which are organized to meet the basic needs of society. These are formalized norms, folkways, mores, customs and traditions as well as laws. Examples are family, marriage, school, church, etc.

Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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of the scarce resources because not everybody has the power or has access to power. Those with the highest eminence in their branch of activity are the “elites.” These are the individuals or aggregate of individuals who hold high positions in the government or in any institution. In politics and governance, these are the political elites; elites; in the military, those on the top hierarchy of the armed forces of the country are the military elites; elites; economic elites are elites are the capitalists who have the resources to control production, agriculture, commerce, trade or industry On the other hand, counter-elites counter-elites are the leaders who want to obtain power, to grab power or be restored in power. Their immediate aim is to dislodged those who are in power. Based on the tactics employed, counter-elites may be classified as revolutionary, pacific, strategic, or legalistic. Revolutionary counter-elites employ violent means; while the non-revolutionary counter-elites are pacific and legalistic in their approach, strategic elites on the other hand are the interest groups, institutions, or political parties who assess a situation and map out actions to be taken. Power is the highest goal of political life. In the study of politics, the grim realities in the pursuit of power is tackled with the view, that man himself is the end of politics. In an empirical approach, Lord Acton Acton for his part believes that power is the source of corruption. For him, “power tends to corrupt and absolute power powe r corrupts absolutely .” In a pragmatic point of view however, Wayne Dyer , disagreed with Lord Acton when he said, “weakness tends to corrupt and impotency corrupts absolutely.” Here Here we may conclude that the drive to obtain power is not necessarily evil as long as abuses and excesses are avoided. This was emphasized by Aristotle, Aristotle, the great Greek philosopher when he stressed temperance and prudence as essential virtues of a good ruler. In social setting, these competing or conflicting groups take active roles to pursue their respective goals. Seemingly, there is a constant tug-of-war between the elites and the counter-elites. Nevertheless, there is also a portion of the public which neither participates in public affairs nor takes part actively in confronting social and political issues. This portion constitutes the apolitical population. population. Once this mass portion however is highly politicized and mobilized, this can be a powerful force that can effect drastic change in a society. In a democratic community, political power of a state refers to the mutual recognition and respect between the authority and the people at large. The government controls or influences the people who expect benefits and protection or fear punishments from the government when they break the law. The state ought to protect and guarantee general welfare and the latter must support and defend the state. Where leadership is anchored on popularity, public approval defends upon the swift or calculated moves of the regime. It calls for careful balancing of values and priorities and the receptiveness of the public which is reflective of culture and political power of the state. Historians, theologians, psychologists, political scientists and sociologists pointed out that politics includes manipulation, fraud, and violence. Consequently, politics and governance are laden with graft and corruption. From our usual dealings with each other daily, by presentation and argumentation on the negotiating table, by haggling with each other, to shadowy deals or violent means to achieve our goals, we now come into conclusion that politics is an inescapable fact of life. Thus: while we may perceive politics as dirty and undesirable, all of us play politics. Language of Politics 1. 2. 3.

4.

5. 6. 7.

Affinity – Affinity – is is a connection existing in consequence of marriage or relationship established by operation of law. Authority – is one’s right to exercise power and influence which emanates from being placed in a particular position through legal or widely accepted set of procedures. – is kinship or blood relationship who descended from the same stock or common Consanguinity – ancestors such as parents to children, brothers and sisters, cousins, nieces and nephews, aunts and uncles, and so on. Compadrazgo System – – is extending family ties either by consanguinity (blood relationship) or by ceremonial or religious affiliation. In weddings, baptism and confirmation for instance, relationships are established between and among the couple, god-children, their parents and the sponsors. Electorate – Electorate – refers refers to person or persons qualified to vote during election. Ideology – – literally means ideas and logic. These are logical ideas that justify the maintenance or abolition of the existing set up or the status quo. Institution – – are structures which are organized to meet the basic needs of society. These are formalized norms, folkways, mores, customs and traditions as well as laws. Examples are family, marriage, school, church, etc.


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8. 9.

10.

11.

12.

13.

14. 15. 16.

17.

Legality – Legality – is is founded on human positive law. It pertains to the valid use of power and authority or even coercion or violence as warranted and founded on law. Legitimacy – – is a condition where one is perceived correctly placed in a particular role and therefore properly positioned for carrying out the functions as expected of him/her by society. Political legitimacy means having widespread approval for the way one exercises political power. Organization – Organization – is is a body of persons working together in a structural way to achieve specific a purpose. Interest groups, political parties, campaign organizations, revolutionary movements are examples of political organizations. Power – Power – is a term used to describe the strength or weaknesses of a State. This is the strength or capacity that a sovereign state can use to protect its national interests. Power has three subdivisions: Influence which refers to the unconscious use of power. It also pertains to the effect of one’ s power on another state (person) without any deliberate use of it. Pressure is the conscious use of power short of force. Force is the use of physical or military sanctions to demand performance or non-performance of certain act(s). Politicking – – is the act of engaging in political discussion or activities with the endview of garnering votes or support during election or even in the usual dealings we have with others to achieve our goals. This includes the act of empty promises, bootlicking ( sip-sip) sip-sip) to outright bribery (lagay (lagay ). ). Radical-Pacific Means – Means – is is a peaceful but a disturbing way of accepting unjust punishment to magnify injustice committed and to generate strong public reaction, like voluntarily going to jail or accepting cruel punishment. The ultimate act is martyrdom by public execution. Regime – – is a term used to denote a particular type of government as military regime or democratic regime. System – – is a structure whose parts are all interrelated. Whenever there are changes, all these parts are affected since they function interdependently. State – State – is is a community of persons more or less numerous, occupying a definite portion of territory, free from external control and having an organized form of government to which a great body of inhabitants render habitual obedience. Structure – Structure – is is a concept that denotes a set of patterned role relationship brought about by interactions of human beings.

Philosophical Thoughts on Good Governance Philosophers have penetrating insights on the nature of man. They probe deeper into his motives and aspiration and view man against the backdrop of God, the universe and the society. They attempt to see beneath and beyond man’s acts and their ulterior motives. They also analyze interrelationships among men and women and the manner the government and the governing entities deal with one another. Socrates, Socrates, the first among the triumvirate of the great Greek philosopher pointed out the need for a philosopher king for good governance. This is a kind of a ruler who is willing to lay down his life for the sake of his people. Plato described Plato described specialized s pecialized and compartmentalized government in his book “ The Republic,” Republic,” where he analogized the government to a human body, for him, rulers should be philosophers like the head of the human body whose task is to think and to direct the polity. Next to the philosophers are the auxiliaries who take charge of the military and administrative activities. They represent the chest of the human body. Situated at the base is the stomach representing the artisans and craftsmen: the dress-makers, the bakers, the farmers and the like. They are acquisitive and materially productive in a variety of necessary preoccupations. In Plato’s The Republic , the philosophers are forbidden to acquire material possessions. They are to lead an ascetic kind of life. The other two, the auxiliaries and the artisans on the other hand are allowed to acquire material possessions and to embellish themselves but with moderation. To hold the polity together, children are to be reared by the government. One’s place in society is based on the st rength and quality of materials each individual possesses. To ascertain that the polity is peopled by healthy and hardy race, euthenics and eugenics are to be observed. Meaning, environment conducive for growth is provided and parents are chosen to produce better offspring. Aristotle, Aristotle, the most practical among the early Greek philosophers, envisioned a community where there is symbiosis where one can be developed to lead a good life. Citizens are expected to support and protect the polity which in turn must help and ascertain the well-being of its people. Rulers must recognized general welfare as the supreme law. He stressed that rulers ought to observe prudence. They should have the ability to govern and to discipline themselves by the use of reason, the skill, the sagacity or shrewdness in the management of


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polity’s affairs, and judiciousness in the use of resources. He cautioned the rulers on circumspection in confronting danger or risks. Aristotle admonished the rulers to temper their actions, thoughts or feelings in the indulgence of their appetite or passion. Consistent with his advocacy on moderation and avoidance of extremes, Aristotle accepted the inevitability of wealth and poverty but he asserted that both must be kept minimal so that a broadly-based middle class can be maintained to promote political stability in a polity. Ideally the ultimate goal of a government is quality life and the sine qua non for the people and the government is the avoidance of the extremes. Thus, everyone should know “How much is too much to be good to us.” Politics of Reality Niccolo Machiavelli gained the public ire because of his book T he Prince which is detestable, devious, and outrageous. But it bears the truth on human dealings, particularly in acquiring power, how to stay in power, and how to have more power. This gained him the title, “ the father of realpolitik or politics of reality .” Machiavelli claimed: “No leader worth his salt could do well by being morally good …” He suggested: 1. Fleeting fidelity, 2. Ruthlessness, 3.killing cold-bloodedly and 4. machinations. Fleeting fidelity use a kind of loyalty described by Machiavelli as flexibility, “to bend like a grass where the wind of fortune blows.” This confirm the saying that, “In this life, there are no permanent friends, only permanent interests.” In the Philippines, the Balimbing fruit symbolizes this fleeting loyalty by its many ridges, a fleeting fidelity and friendship with one who has the power and the readiness to trade loyalty to the enemy when the dispenser of favor becomes useless or powerless. Sun Tzu, the master of the art of war, illustrated in his book “The Art of War” how ruthlessness can be employed to instill discipline. Machiavelli’s name became synonymous with machination. His Machiavellian tactics are indispensable because politics is a conflict in itself and strategies (fraud and machinations) are its indispensable ingredients. His realpolitik pierces through human niceties and disguises. He identify the value for relationship, e.g. “I give this to you so you will give that to me.” In his book, The Prince, he warned the rulers “to be as brave as a lion and to be as sly as a fox.” To be brave as a lion is to have courage and boldness to fight and to be feared; to be as sly as a fox, is to be cunning with deceptive appearances, moving silently but surely. Sociological-Psychological Political Theories Social contract theory deviates from the divine right theory. Three leading theorists: the English philosophers Thomas Hobbes (1588-1679), and John Locke (1632-1704), and the French philosopher Jean Jaccques Rousseau (1712-1778) shared the same notion that fundamentally, there was the meeting of minds among the contracting parties. In realpolitik , it is postulated that the alpha and omega of almost all relationships is power. It springs from human desire to acquire power, to stay in power, and to obtain more power. Thomas Hobbes reinforced this view by claiming that man by nature is self-regarding, self-centered, rapacious, and diffident. Similarly, Hobbes postulated the insatiable greed of man for power, self-aggrandizement and cruelty. As explained by J. Marius, man has different complexes such as: Narcissus complex, Don Juan complex, Superiority complex, Bully complex, Prometheus complex, Cyrano complex, Icarus complex, and many other similar complexes that can explain man’s self-love, aggressiveness and predilection for power. Additionally, Alfred Adler (1870-1937), the father of inferiority complex, stated that, “ individuals are predominantly guided by their longing for superiority…” Somehow, Sigmund Freud (1856-1939) presented the probability of man to become either good or bad. He theorized the existence of the id, ego, and superego in every individual. The id refers to the natural response of man to gratify his biological and physiological needs and the superego or man’s conscience on the righteousness and morality of one’s acts. The ego is the administrator that balances the id and the superego. Freud recognized the tendency of man to be loving which he called the eros and the thanatos the inclination of man to kill, to destroy or to dominate others. Van Dyke, a scholar of political science affirmed Freud, Rousseau and Locke that man is inherently good while he is also convinced that man has the tendency to be devious, aggressive, destructive and cruel. For him, the cruelty and destructiveness of men are not necessarily innate. Rather, these are acquired or developed from their social conditionings and learning processes. Rousseau and Locke blamed false social values that corrupt man. By contrast, Hobbes believes that man is inherently bad, devious, diffident and cruel.


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THE PHILIPPINE CULTURE AND POLITICS Political Socialization A question which remained unsettled up to this day is a question on the sequence of occurrence of events. “Which comes first, the chicken or the egg?” Similarly, we asked: “What comes first, man or society?” Four social theories were advance about the origin of society: the individualistic or monadic theory, socialistic or monistic, dualistic or mechanical theory, and the organic theory. The individualistic or monadic theory avers that the society is peopled by isolated, independent and unconnected monads, although these monads or individuals occasionally and mechanically interact with each other. In this context, man is deemed primary and society secondary; man is the caused and society is the effect. Secondly, socialistic or monistic theory maintains that society existed prior to the birth of human beings; society is more important than an individual and th at man’s interests must be subordinated to society. Thirdly, the dualistic theory or mechanical theory assumes that society is superior than individuals and viceversa, and so they complement and supplement each other. Fourthly, the organic theory bridges all these three theories. It presupposes that society is like an organism. In it, the individual can adapt and develop one’s self; the society likewise grows and develops with its members. Based on the organic theory, we may conclude that by our birth, we were brought into a society which gradually shapes us and which we also shaped in return. The process of ushering us in an existing set up is known as socialization. Through this, an individual and the masses are effectively introduced to nation’s political culture. It transmits ideals, values, beliefs, and attitudes which are essential in the formation of public opinion. Political socialization is a development process from which people acquire their political orientation and pattern of behavior for good citizenry or for the regime’s desired culture. Agents of socialization include: the family, the church, the school, mass media, our peers, government, political parties, interests groups, civil society and the masses. Political socialization secures a voluntary and widespread support for the political values and norms established in a community. Family, Primary Agent of Socialization Among the agents of political socialization, family is considered the basic where an individual is first exposed to political values. Family members may seek public offices, identify which political figures in their respective clans, and at times, claim that politics runs in their veins. They may realize how lucrative it is to be in politics; they may join in politics to serve as a symbol of continuity or simply to ride on a crest of a deceased candidate’s popularity. Filipinos are sentimental by nature and have strong deference to the memory of a dead person; thus, the bereaved widow, son, daughter or grand children usually win in an election. The Church As pointed by the divine right theory, the ruler is said to derive his authority from G od. To Therefore, a ruler is not accountable to the people. He is over and above them. . History tells us how the church rose to power, how it prevailed over the civil government, and how it controlled almost all our institutions and all aspects of life during the Spanish regime. The church had the audacity to challenge the government based on Vatican council 11 where the church provides moral basis for political protest actions, public information campaign and mobilization of the faithful. Today, the church has become the vanguard of morality, social justice and democracy. School, the Most Powerful Agents of Socialization School as agent of political socialization has two main goals: (1) political legitimization of an incumbent regime, and (2) transfer of culture. The former is for popular acceptance or strengthening of a regime and the latter, for transferring, shaping or reinforcing values, beliefs, and behavior. School can surpass parent’s influence over their children in political socialization. This is due to a programmed and systematic inculcation of lessons concerning politics in the classroom. Observance of ceremonies and rituals in school, veneration of heroes, building statue, and naming streets and parks in their honor reinforce didactic learning.


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The School and the Youth Ideally, schools exist to equip students with knowledge, skills, and positive values to enable them to cope with problems and challenges of the adult’s world. Programs are designed to enable students to achieve quality life in harmony with their socio-economic and political environment. In the same manner, conditioning or brainwashing can be carried out effectively by educational institutions. Napoleon Bonaparte, for example, devised a system that combined education at all levels into a central corporation. And, the most important function of French Universities was to teach the national doctrine (of Napoleonic design) through a unified program at various levels. Youth are generally characterized by receptivity and pliability to ideals and ideologies. Their role is recognized as vital to nation-building as embodied by the Philippine constitution. Youth constitute a great percentage of the population and so, success or failure of schools contributes to stability or survival of a state. The Political Nature of Curriculum A curriculum is political in itself. And so, it is not surprising when school curricula reflect governmental thrust such as: Population Education, Tax Consciousness, Cooperatives, Nutrition, Ecology, Gender Sensitivity and many others. Marcos introduces a bastardized nationalism. A bilingual medium of instruction was adopted with emphasis on Philippine history, and culture. But it confused education with indoctrination. Schools became the center for propagating myths about Marcos and the dic tator’s new society. Philippine education failed to inculcate a sense of pride in the nation and its history. In 1986, former president Corazon Aquino attempted at redirecting the goals of the Philippine government and worked towards moral recovery and social transformation of the nation. Fidel V. Ramos succeeded President Aquino in 1992. In the year of centennials Celebrations, he decreed the teaching of Rizal as legislated and mandated course and reiterated RA 1425. Simultaneously, Philippine History became a required course in college. Language and Humanities The Philippine educational system improved during the American era. Democratic theories and concepts were discussed in the classroom and school curricula emphasized constitutionalism, inviolability of electoral prcesses, and support to civil liberties. Being taught in a foreign language, students were compelled to memorize democratic principles and political theories oftentimes missing and failing to internalize the true essence of democracy. The Philippine Constitution provides that social sciences may be taught in English and Filipino and so, bilingualism is employed. Ironically, in many non-Tagalog speaking provinces learners find both English and Filipino as their second languages. In Negros and Iloilo, for example where Ilonggo or Hiligaynon is dialect used, learners speak in Tagalongish (Tagalog, Ilonggo and English). The situation further complicates the learning process. On the practical side, to be competitive locally or globally, it is must for professionals to be proficient in the English language. Nationalism does not mean the exclusive use of Filipino as national language. To be globally competitive, one has to be proficient in English and other major languages without neglecting our national language and native dialects. Incidentally, the media propagates distorted language which has become the “lingo” of the young. Sadly, we may end up as people who can neither speak nor write with eloquence in English as international language, Filipino as our national language and our local dialects. Mass Media Media is deemed the fourth branch of government that informs the public and act as a “watchdog” of the Philippines Constitution. Literally, media means intervening things through which forces, acts or effects are produced. These refer to technical devices, commonly known as “mass media”. Media has been proven to be effective especially in the formation of public opinion. They can expose the truth or distort the same. Vox populi, vox Dieu, (The voice of the people is the voice God). More intense than an aim to inform public, propaganda is meant to propagate thought, persuasion and utilization of influence. Propaganda devices includes: glittering generalities where one speaks of virtues and values such as, “ pro-God,” “pro-people”, and the like; testimonial approach employs public affirmation or by popular personality Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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endorsing a product or an idea; band-wagon shows everybody’s preference for something, inviting the public to the same; common folks approach focuses on a celebrity who joins or acts as a simple folk, endorsing something; smoke-screening blinds the public, shift in their attention from relevant or real issues to something trivial or other unrelated events; yellow journalism (distorted, sensationalized reporting of stories.) and, muckraking (a rake used in collecting or spreading manure pertains to sensationalism of petty information or an expose’ of personal or private affairs to destroy a popular personality. Mass media, should have balanced reporting. But there are also unfair practice and biases for varied reasons. Generally, mass media has five functions namely: reporting, interpreting the news, influencing citizen’s opinion, setting agenda for government action and socializing citizens about politics. Mass Escapism With the advent of cybernism, information is made readily available. Media have improved a lot. As a lucrative business, however, sociologists found out that media magnets are alert in detecting what the masses want. Giant television networks cater to public demands and feed the public with what appeal to them; in turn, they get corresponding patronage and profits. Practically, the masses design radio and TV programs and films for ratings and monetary returns. Today, people trust more in television and in the internet. And in this country, resources to by air-time, advocacy advertisement and many other political tactics are powerful tools of manipulating the masses. This could entice the viewing public to buy what the advertisers sell and to convince them to, believe what the power political players want the public to believe. Aware of the Filipino mind, film-makers and publisher of popular texts such as tabloids, magazine, komiks and movies focus on heinous crimes like kidnapping, rape, sordid sexual stories, grotesque killing and many others. Viewers are entertained by magic and fantasies and “talk shows” which in reality are infotainment (a kind of talk show which is aimed more for entertainment or publicity rather than intellectual discussion on relevant issues). While many movies thrive on trash, they are widely patronized by the public. Between being entertained and being informed, Filipinos tend to choose to be entertained. The viewers are bombarded with tele-novelas and the intellectual talk shows and public affairs which are meant to inform and to educate are shown midnight. In summary, all of these contribute to mass escapism. Consequently, we tend to escape rather than face our problematic situation squarely. Mass escapism perpetuates and raises the already high percentage of non-thinking Filipino public. In conclusion, we may say that the Philippines is a country of non-readers and nonserious thinkers. The Government Government as an agent of culture transmission has tremendous potential power to impose laws that can radically change governmental system and culture. The government through issuances: Executive Order, General Order, Letters of Instruction, Presidential Decrees and the like may alter people’s customs and tradition. The incumbent can impose laws that order total departure from what people are used to or impose new laws for the people to do things completely alien to them. The government may revolutionize the well-entrenched customs and tradition. It may impose and implement laws through schools Peer Groups We may not aware of political socialization that takes place among ourselves every day. We may be unconscious, likewise, that we help shape public opinion by our usual conversations. And that political socialization takes place with the ones we habitually interact with. They are our peer equals. Peers include our classmates, co-office workers, fellow-parishioners, colleagues in the profession, co-member in any organizations, vocation or avocation. For us Filipinos, we use the prefex “ka” . So, we have kapamilya, kasali, kalaro, kabaro, kausap, kasama, kabarkada, kainuman, kaklase, and kapartido. Peer can be one’s fellow gamblers or our kumpadres and kumadres. Everyday we interact with our peers. We share common concerns about our jobs, our joy and our pain. We talk matters concerning ourselves, our community, our nation, and the world. We discuss about news and events, argue about politics and governance, current discoveries in science and technologies, amusement on tele-novelas, hobbies and sports. Political socialization with our peer is a long-life process that serves as one of the root source of our basic attitude and political behavior as a people.


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Community A community is a group of people interacting with one another. People’s behavior, values and attitudes are conditioned by geographical factors s]uch as: mountainous terrains, the rich or the poor quality of soil: the presence or absence of minerals, the water supply, the scarcity or abundance of their means of livelihood; the accessibility of town or city of river or of the sea. The clim ate as well affects the people’s and the kind of products they produce. Economically, these factors condition the people to be frugal or extravagant. Additionally, languages or common dialect makes the people unique or different from others. This could be a cohesive factor locally but can also be divisive factor nationally. Culture of a community creates a general impression of a people being pleasant or serious in their dealings with each other and with members of other communities. Interest Groups An interest group is an organization whose main purpose is to effect the operation of government by persuading the nation’s key person to act in accordance with their goal and objectives. Interest groups may be categorized according to: 1. benefits of the members may derive from joining; 2. the nature and structure of their organization; and, 3. their philosophy, goals, objectives and strategies they employ. Benefits one may derive from joining an interest group may be material, solidary or purposive benefits. Institution groups such as church, business, military organization, women’s association and nationalistic groups may directly lobby with government official or deliver speeches on consultative meetings or during hearings. They can even engage in violent confrontation if warranted. They may negotiate or lobby either for their exclusive interests or for the public. Political Parties In politics, it is impossible to achieve one hundred percent “yes” or to get one hundred percent “no” to a certain proposition. This is so because people do not think alike. In a democratic state, the majority prevails, so the support of the majority must be competed upon. Candidates must win the support of the masses. Thus, it leads to the voluntary formation of political party. Political Party – is an association of individuals whose primary purposes are to promote or accomplish election or appointments to public offices, position or jobs. It may also means a body of voters organized for the purpose of influencing or controlling the policies and conduct of government through the nomination and election of its candidates to office. It is viewed as the “invisible government.” Political Party system Party System – is the set of all systems whether based on its structure, membership or by the pattern formed by political parties in a state. One Party System – only one political party is allowed to be active which controls the government apparatus such as mobilization, communication and control. Two-Party System – is also known as duopolistic system since parties are limited to two. These parties may hold power for a long period of time, varying lengths or they may alternate each other. Multi-Party System – has many political parties pushing their respective platforms. In this system there is a wide range of choices. The Ambivalent Philippine Political Culture Next to basketball, boxing and movie stars, politics has always been a savory topic in the market place, coffee shops, barber shops, schools and even in the church. Discussions usually center on scandals, corruption involving well-known personalities and the constant squabbling among our political leaders. Our choice of candidates is neither based on the candidate’s academic qualifications, moral uprightness or capability of


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running the affairs of the state. It is rather the candidate’s popularity, his bailiwicks’ or turfs’ support, and attractive packaging or exposure to the media that register much in our minds as electorate. We Filipinos are noted for our predilection in politics but when asked about social-economics political issues, a great chunk of our population particularly the masses revealed that there is apathy in politics and indifference to matters concerning current socio-political issues. This was evidence by spot interviews and footages taken during or immediately after disturbing phenomenon or events. Usually, respondents manifest naivity and ignorance on issues at hand. But as a whole, we cannot deny the fact that politics is a lucrative business for politicians. It is a means to acquire power, and to be empowered means to be a dispenser of favor. One, therefore, strives so hard to be politician himself, a protector of politicians or a protégé of a politician. In political community where patronage or clientele relationship prevails, politicians thrive. The Revolution To clarify the terms usually used interchangeably, we define the following: revolution, rebellion, uprising and insurrection. Revolution is a successful rebellion. It is a complete overthrow of an established government in any country or state by those who are previously subject to it. In its broadest significance, the term is generally used to designate a sweeping change as applied to political change. It denotes change of method or system of government or the power which controls the government. Revolution is frequently staged through violent acts but it need to be violent in its methods all the time. It does not necessarily denote force or violence. While revolution is synonymous with rebellion, the former applies to a successful rebellion while the latter implies an open, formidable resistance that is usually unsuccessful. Uprising implies a brief, limited and often immediately ineffective insubordination to authority. It is a localized act of popular violence in defiance of an established government. It seeks to affect some change of minor importance or to prevent the exercise of governmental authority with respect to particular matter or subject and, insurrection is any combined resistance to the lawful authority of the state, with intent to cause the denial thereof, when the same is manifested, by acts of violence.

STATE AND GOVERNMENT What is a State? State is a community of persons more or less numerous permanently occupying a definite portion of territory, independent of external control and having an organize form of government to which a great body of inhabitants render habitual obedience. State is a juridical or an artificial person composed of basic elements, namely: people, territory, government, and sovereignty. Elements of the State People pertain to the masses or the public. In the narrow sense “people” may refer only to the electorate. In the broader sense, it includes the entire population from the newly born infants and the aged, including those who are temporarily residing in the Philippines. There is no definite criterion or standard set on the number of people of nation to qualify for the status of statehood. A population must be numerous enough to support the nation economically and to be able to defend it militarily. Territory on the other hand is a definite portion of the earth where people reside. Similarly no standard is set for a nation as far as territory is concerned to qualify for the statehood status. Government is defined as an institution or aggregate of institutions through which the will of the state is expressed and carried out. This is the machinery of the state necessary to maintain its existence and carry on its functions. Sovereignty is another indispensable element of the state which is its supreme power. Sovereignty originated from a Latin term supremus meaning supreme or ultimate. Supremus is synonymous with a French term soverainte. Sovereignty is defined as the supreme power of the state to command and enforce obedience.


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Four Categories of Sovereignty: Internal Sovereignty is an exclusive power to run the state’s domestic affairs, to promulgate laws and implement them without inference or intervention from other countries. External Sovereignty is a relationship of a state with other members of international community. Legal Sovereignty is the power of the state to legislate or promulgate laws. Political Sovereignty is the power of the state and its people to carry out relationship of the government and the governed. Recognition is deemed to be fifth and supplementary element of a state. It is a status of being admitted and accepted in the family of nations. Recognition may be done either formally or by means of implied actions or acquiescence. it may through official letter or by sending or accepting diplomats from other state, and the establishments of embassies. Despite even without recognition, the state exists as long as the four essential elements are present: people, territory, government, sovereignty.

Theories on the Origin of the State 1. Divine Right Theory. According to this theory, God created the state. He anointed the ruler to rule the people. Thus, the ruler’s mandate to rule originated from God. This was the theory used by monarchs during the olden times to justify their absolute rule over the subjects. 2. Force Theory. This theory asserts that the state emerged as a consequence of invasion, occupation, force or coercion. Prior to the existence of the state, there were those who were able to force others to accept their leadership and imposed their will upon the weak, which gave rise to state. 3. Paternalistic Theory. This theory attributes to the expansion of the family the origin of the state. As a consequence of intermarriage of children, the family grew into a clan, the clan into a tribe, and a tribe into a nation. As the head of the family, the father governed as the chief ruler of the institution. 4. Rousseau’s Social Contract Theory. This theory asserts that the people deliberately surrendered their individual rights to form a society and government for their common good. In this agreement, people were to surrender their individual rights and obey the government in consideration of a just ruler. Nonetheless, when the ruler becomes unjust and fails to rule for their welfare, the people can cease obeying the government and its ruler. 5. Hobbe’s Social Contract. This theory claims that the natural state of humans is constant war with each other. Society, therefore, arose only by convention. From self-interest, people make peace and security in as much as they delegate total power to the state. Once this happens, the decrees of the king are absolute in all areas of life, including the family and religion. Hobbe’s further asserted that rebellion against the state break society’s basic contract and is punishable by whatever penalty the ruler may exact in order to protect his subjects from a return to the original state of nature. 6. Locke’s Social Contract. According to this theory, the state was established to preserve the natural rights of its citizens. Unlike Hobbes, Locke believed that man in a state of nature is a happy and tolerant one. The agreement between the people and the ruler preserves the pre-existent natural rights of the individual to life, liberty, and property and that the enjoyment of private rights and the pursuit of happiness leads to a civil society for the common good. When the government fails in its task of preserving these natural rights, the citizens have the right to withdraw their support and even rise up in arms against the government. 7. Instinctive Theory. This theory claims that the state originated from the natural tendencies of people to live in an organized society. Political institutions came into being as a consequence o f people’s instinct to bind themselves as social beings. 8. Economic Theory. Proponents of this theory believed that the state came into being a consequence of man’s numerous and diverse material needs and wants. As man cannot satisfy his needs and wants by himself alone, he had to interact and associate with his fellow in society. This association and interaction between and among men led to the creation of the state. 9. Historical or Evolutionary Theory. This theory avers that the state results from a gradual process or evolutionary growth that had been part of the history of humanity. Since the state is like a living organism, it has the capacity to grow, wither, and develop.


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Three Inherent Powers of the State Police Power Police power should not be confused with the rights and processes employed by military officers or agents in enforcement of laws. Police power is the inherent power of the state to make laws, policies, and ordinances for the welfare of the people. It is intended to promote the well-being of the people, their health, safety, economic stability, morality, peace, harmony, and security. Police power hinges on a Latin maxim, “salus populi est suprema lex ” (The welfare of the people is the supreme laws.) and “sic utere tuo ut alienum non laedas” (So use your own that you do not harm to others.) police power is usually misinterpreted as the power of the police, a military or law enforcing authority. On the contrary, police power is lodged in the law making body of the land. However, in some instances, this power may also be exercised by the executive branch of the national government and the local executives as defined and limited by the law. Power of the Eminent Domain Power of eminent domain is anchored upon the regalia doctrine that all pieces of property belong to the state. As in the exercise of police power, Power of eminent domain is intended to uphold public welfare. It is the power of the state to take private property for public use upon payment of just compensation. This power of expropriation applies to property owned by private individuals, group or groups. As part of due process, property owner may question the validity of the taking, ascertain that it is, indeed, for the public use and the compensation is based upon the market value of the property. Payment may be done by depositing payment in the court and the actual taking does not necessarily require physical possession of the property. It commences upon deposit of just compensation to the court. Power to Tax Taxes are the lifeblood of a nation. Thus, taxation is an indispensable power of a state. Taxation is compulsory and proportional contribution from person and property assessed. It is imposed by the state for the support of its activities and for the benefit of the public. Taxes propel progress. No state can ever survive without the taxing power because its existence and sustenance depend so much on taxes and revenues it raises. Infrastructures, technology, business, commerce, social services and others are financed and supported by funds generated largely from taxation.

Forms of Government Government originated from Latin word “gubernaculum”, meaning rudder or paddle. Like its usage in rowing boat, government gives direction to the movement of the state. Government is an agency that expresses the people’s will in a democratic st ate. Like a paddle, government is an instrument that guides movement of a boat. Under the totalitarian regime, it is the will of the ruler that prevails. Basically, there are two classifications of government: 1.) according to the number of rulers. There could be one, few, or many, and 2.) whether it is good or bad. Out of these two main classifications, we derived six which can be recalled easily by mnemonics, MADTOM: monarchy, aristocracy, democracy, tyranny, oligarchy, and mobocracy. Monarchy originated from the word “mono”, meaning one. It is hold by a monarch who holds the throne by hereditary right and by divine right. A king rules usually for life. In absolute monarchy, the ruler wields absolute executive, legislative and judicial powers. Limited or constitutional monarchy on the other hand, is where the monarch shares power with the people’s elected officials. He/she governs in accordance with the law especially the constitution. Monarchial kind of government was exemplified by Great Britain, Sweden, and Denmark in the past. Ideally, Plato considered this as the best form. Aristocracy originated from Latin term “arête” meaning excellence. This is synonymous to the government of the chosen few. Aristocracy presupposes the best of stock whether ascribed or achieved. It is achieved, if one obtains his status through hard work or qualities developed. It is ascribed if one has qualities passed on to him or as the result of one’s birth or kinship with royal blood. Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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Democracy is derived from the Greek word demos which means “people”, and kratia or kratus, which means “rule.” It means that it is a government by the people, of the people, and for the people, as stated by Abraham Lincoln. Tyranny is a government ruled by a tyrant, who sacrifices his people for his personal interest. He arrogates power and authority upon himself and is answerable or accountable to no one. A tyrant may claim that his powers emanate from himself or from god or from something or somebody else. He may wield power in his name or purportedly, in the name of his people or of the state. Oligarchy is a kind of government run by a few. This is a government controlled by small groups for corrupt and selfish motives. Oligarchs are installed to power because they are moneyed and are influential. Mobocracy is a government run by an unruly crowd or a mob. Issues are brought on the streets. While parliament of the street is very much a part of a democratic system, mobocracy is its extreme. Rallies and pickets are accompanied by violence. Lawlessness and terrorism reign and what might have started as a peaceful democratic process may end in anarchy which includes bloodshed, destruction to life and property.

Goverment Based on Distribution of Authority Federal Government – is one wherein the national government delegates many powers and responsibilities of government to sub-national or local government units. Thus, the power of government is divided between two sets of organs: one for local affairs; and the other one for national affairs. Unitary Government – is one wherein the national or central government performs all governmental functions. Local or sub-national government units administer matters within their jurisdiction, but their powers are set and delegated by the national government.

Government Based on the Relationship between the Executive and Legislative Branches Presidential System – this is a form of government in which the executive power which is exercised by a single president who is elected by popular vote is independent of the legislative body. He holds office for a specific period of time as imposed by the Constitution. The president is the one who appoints the members of his cabinet who are directly under him. Separation of powers exists among the three branches of the government. There are also checks and balances among them. Parliamentary System – in this form of government, the executive power belongs to the prime minister or premier and his cabinet. The executive and the legislative are fused, because the members of the cabinet are also members of the parliament or legislature and the party in power. The prime minister and his cabinet can remain in office as long as they have the confidence and support of the majority of the parliament. Ministers are first elected as members of the parliament and the party with the highest number of seats in it elects the cabinet ministers from among themselves. Governments Based on Legality and Legitimacy De Jure Government – is one established through legal or constitutional means and, therefore, clothed with the authority and power to administer the nation. De Facto Government – is one that was established through unconstitutional or unlawful means like revolution, secession, and military occupation.


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IDEOLOGICAL FOUNDATION OF PHILIPPINE CONSTITUTION AND GOVERNMENT Constitution, the Fundamental Law of the Land Constitution is the main source of political culture. It is the fundamental law of the land that precisely prescribes how a country should be governed, how the government should relate to its people and vice versa, and how the people should deal with each other. Constitution is the organic and fundamental law of the state, which could be written, establishing the character and conception of its government, laying the basic principles to which its internal life should be conformed, organizing the government, and regulating, distributing, and limiting the functions of its different department, and prescribing the extent and manner of the exercise of sovereign powers. Literally, Constitution originated from Latin term “Constituo” meaning established, fixed or defined. “Constitution is a body of rules and maxims with which the powers of the sovereign are habituall y exercised.” (Cooley) A written Constitution according to Justice Malcom is, “A written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited, and defined, and by which these powers are distributed, among the several departments for the safe, and useful exercises for the benefit of the body politic.” History of the world shows that the first written Constitution was framed by the USA in 1787; France had its own in 1791; the Philippines first written Constitution was promulgated in Spain (Cadiz Constitution) in 1812; the Mexican Constitution in 1917; and Russian in 1918.

Essential Parts of a Good, Written Constitution The three substantive and essential parts of a written Constitution are: Constitution of Liberty, recognized, defines limits and protects human rights from encroachment by the state, regulates the relationship between the government and the people and between the people and the state. Constitution of Government, point out where specific powers are lodged among the three branches of government, defines how they should co-exist and counter check the other. Constitution of Sovereignty provides the manner of changing the fundamental law as making amendments thereto or point out the mode or procedure in which formal changes in the fundamental law may be brought about. Criteria of a Good, Written Constitution A written Constitution must be broad, brief and definite. It must be broad as it is comprehensive because it covers almost all aspects of life from government to society and the people’s basic rights. Its framers, therefore, must have insight and foresight. While comprehensive in its scope, a good written Constitution must be exact and definite. While constitution must be comprehensive, it must be brief . Constitution of the Philippines, Its Nature and Purpose In the Philippines, the Constitution is the embodiment of the highest goals of the Filipino people. Its most significant function is symbolic, what is practiced by the government and the people. It serves as the fundamental law of the land; it establishes the basic framework and underlying principles of government; it empowers the state; it ideally ensures government stability, it legitimizes the regime; it protects freedom; it promotes social and economic development; and it is a symbol of the national unity and cultural values of the people. Constitution vs Statutes A constitution and a statute differ in various ways. Constitution deals with fundamental principles of the government while a statute is a law made by the legislature. Statutes are also known as legislations while constitution is the supreme or fundamental law of the state to which statutes and all other laws must conform. Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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Manifestation culled out from the Philippine Constitution to serve as guide: Observance of the Rule of Majority Majoritarianism, majority of all means the total number of the population, the lawmakers, the councilmen, etc. divided by two plus one; majority of excludes the number of the absentees, divided by two, plus one. The Touchstone of Democracy The bases of majoritarian model of democracy: 1. Universal participation in the exercise of suffrage 2. Political equality 3. Principle of majority 4. Principle of responsiveness 5. Substantive policies that create conditions that promote the enjoyment of freedom of speech, press, peaceful assembly, religion and freedom of the people to organize themselves and to have a clear view of majoritarian principle. The Existence and Observance of the Bill of Rights Bill of Rights is the listing of basic human rights: right to life, liberty and property, of which one cannot be deprived of, unless there is due process of law and equal protection of the law. The Constitution safeguards these rights and it seeks to prevent encroachment by the governments. In the true spirit of democracy, it is not only the existence of the Bill of Rights that matters but it is imperative that the Bill of Rights are respected and observed.

Government of Laws and not of Men Law is defined as the rule of conduct, just and obligatory, promulgated by proper authority and for the general welfare of the people. One of the manifestations of republicanism of the supremacy of law, “ours is a government of law and not of men.” Nobody, therefore, is over and above the law, even the executive head of the State, the highest official of the land. Separation of Powers and the System of Checks and Balances In a democratic and a republican system of government, three branches of government are co-equal and co-existing with each other. To avoid the lumping up of powers in one branch, the system of checks and balances is installed where the Executive exercises the right to disapprove a bill or to approve it. The Legislative branch may override the President’s veto power and can check the President in his exercise of emergency power and other functions. The Judiciary interprets the law in case of conflict and enjoys independence in the exercise of its original jurisdiction as the law provides while the President alone exercises the power to grant clemency except in cases of impeachment. The Non-Passage of Irrepealable Laws Change is the law of life. The 1937 Constitution, laws issued by the late President Marcos were meant to be effective until the new laws issued by him subsequently superseded them. The 1987 Constitution provides mechanisms for the amendment or revision of the Constitution and other laws.


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Public Office is a Public Trust The enjoyment of trust and confidence is premised on accountability and responsibility, a public official who loses the public mandate loses the right to stay in the office. Tanodbayan (watchdog or an office which serves as a secretariat that reserves complaints against public officials) was created. Sandigan Bayan, a special court is likewise created to try cases on graft and corruption, and when trust and confidence are in question. Ombudsman is the head of Sandigan Bayan. Process of recall in the local government units and impeachment if impeachable government officials are also provided. The State cannot be sued without its consent If this will happen it may cause the dragging of the State to a court any time and may cause instability. There are instances that allow the suing of the State as in the case of the State coming to the level of an ordinary person, opening itself to counter claims or in its exercise of proprietary rights. Non- delegation of Power The rule known as “potestas delegate non delegari potest” meaning, what has been delegated cannot be delegated. This doctrine applies to three branches of government. More so, in the legislative branch, five delegations of legislative powers are however, allowed: 1. Delegation of tariff powers to the President; 2. Delegation of emergency powers to the President; 3. Delegation to the people at large; 4. Delegation to local governments; and 5. Delegation of administrative bodies.

1987 PHILIPPINE CONSTITUTION PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. Nature of the Preamble The word preamble is derived from the Latin word preambulus which means “going before” and preambulare, “to walk before.” It is the preliminary statement in speech or writing; a preface, prologue, or introduction. It may also be the introductory part of a piece of a writing especially the introductory part of a statute, ordinance, charter or Constitution which states the reasons and purpose of the text that follows.

ARTICLE I 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, Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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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. ARTICLE II Declaration of Principles and State Policies Principles – are beginning premises or directions for the realization of a value. These are laws of Nature as formulated and accepted by the mind. They are essential truths upon which other truths are based. These are rules by which a person chooses as Code or Law. Policies – are selected, planned line of conduct from which individual decisions are made and coordination is achieved. It comes from the Latin word “ politecia” which means citizenship. Principles: SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. A state with a democratic government is a democratic state. Democracy is a form of government where majority of the people directly or indirectly govern themselves by running the affairs of the government through mass meetings, legislation and enforcement. A republican state is one with a republican government where people do not directly govern t hemselves but instead, through officials elected or appointed by their duly elected representatives. 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. To renounce war means to give up, to abandon, to disclaim or to repudiate it. War is an armed conflict between two or more nations involving their armed forces. While the Philippines renounces war as an instrument of national policy, it may be forced to be in a situation where it cannot do anything but to declare the existence of war. If the Philippines is attacked by a foreign state, it has to protect its national territory, sovereignty, and security. In which case, it can surely go to war as mandated by an appropriate declaration. It is the last resort when all other means have failed. 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 mil itary or civil service. SECTION 5. The maintenance of peace and order, the protection of life, liberty, and property, and the 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. This means that the Church (comprising all religious denominations) does not have the right to impose its values on government policies or procedures. However, just as any other citizen, Church leaders or members may suggest or propose ideas or plans of action that the government may or may not undertake. 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 integr ity, national interest, and the r ight to selfdetermination. Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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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 . Foreign countries are forbidden to manufacture, make, store or dump nuclear weapons, devices or parts in the Philippines for use during war or any other purpose. 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. A just and dynamic social order is one which promotes the right of everyone to live a decent and contrived way of life. A dynamic society is one that is developing progressively and improving by sharing with its members the fruits of the group’s labor. A just and dynamic social order ensures the national independence and prosperity resulting to the liberation of the people from poverty. SECTION 10. The State shall promote social justice in all phases of national development. Social justice refer s to the promotion of the welfare of the people. It guarantees the equality of opportunity, equality of political rights, equality before the law, equality between values given and received and equitable sharing of social and material goods on the basis of efforts exerted in their production. 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. Marriage is the foundation of the family, and the family is the foundation of the nation. The policy declares the importance and sacredness of family life together with its components. Hand in hand with the duty and primary right of parents in the education of their children for civic efficiency and moral character development, the state extends support by establishing free elementary and secondary public education with adequate facilities and competent teachers. SECTION 13. The State recognizes the vital role of the youth in national 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. In their training and education, the youth are taught virtues of patriotism and nationalism. They are required to study Philippine Government, History, Civics and the present Constitution. They are encouraged to participate in both public and civil 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.


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The Universal Declaration of Human Rights (Article 26) states that: “Everyone has the right to education. Education shall be free at least on elementary stage and shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.” 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. 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 nation-building. 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. To keep faith and give meaning to the policy that “ a public office is a public trust” two policies are imperative: honesty and integrity in public service must be maintained; and positive and effective measures against graft and corruption

Subpoena and the Unwilling Witness A man who has witnessed a crime and does not nothing to correct it is more likely than the perpetrator of the crime. As much as possible, Filipino wants to avoid trouble; thus, he would either refused to testify in court or keep silent and leave his faith to God. The victim may also file his complaint in court. Generally, Filipinos are enthusiastic at first in their pursuit for justice but the drive usually wanes and dies a natural death: w/out the help of the witnesses, w/out money to finance the litigation, and being fatalistic, leaving this to God. All of these are compounded by the slow disposition of cases by the court. With an effective justice system, and inadequate protection of witnesses by the state, justice is often delayed or denied. Subpoena may either be SUBPOENA DUCES LECUM (an order by the court to bring before it evidence or objects needed in the trial of the case) or SUBPOENA AD TESTIFICANDUM ( an order by the court by one to give his testimony before it.) Although used interchangeably, summons differ from the subpoena. Summon is a notice of a hearing to the litigants while the subpoena pertains to a notice or an order to an unwilling witness under the pains of contempt if ignored. 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.


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Writ of Habeas Corpus – literally means to produce the body. It is an order directed to a person detaining another to produce the body of the latter at a designated time and place. 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 from shall exist except as 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. (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. Ex post facto Law – is one that makes criminal an act done before the passage of law and punishes such act when it was lawful when committed. Bill of Attainder – is a legislative act which inflicts punishment without the benefit of trial.

ARTICLE IV Citizenship Citizenship is the legal status of a person acquired through being a citizen of a country while a citizen is a person of a particular country who possesses full rights and obligations under its laws. Kind of Citizens under the Constitution There are ways of acquiring citizenship. Among them are the following: 1. J us S oli Method - Some states regard people physically born in their territories as citizens. This is accepted in the United States. 2. J us S ang uinis Method . If any one of a person’s parent’s is a citizen of a particular country, then the person will get the parent’s citizenship. This s true for the Philippines, where one Filipino parent is enough to make anyone Filipino. 3.

Naturalization . If any person wants to be a citizen of a particular country, then the person can apply for

naturalization of citizenship, subject to applicable laws in that particular territory. 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; Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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(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. Naturalization – is the act of granting an alien the rights and privileges of citizenship. SECTION 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perf ect their Philippine ci tizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by law. Loss of Citizenship There are acts that will result to loss of citizenship. Among them are: 1. 2. 3.

By renunciation of one’s citizenship and embracing the citizenship of another country or expatriation. By taking an oath of allegiance to another country upon attaining the age of majority. By joining the military service of another country. 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. SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

ARTICLE V Suffrage Suffrage – is the right or privilege of the electorate to vote in an election so that officials can be elected to run the affairs of the government. Scope of Suffrage 1. 2. 3. 4. 5.

election – the direct selection by the people of public officials to govern them. plebiscite – the process by which the people will answer yes or no to a question of law or policy. initiative – the process through the electorate may initiate revisions or amendments to the Constitution. referendum – used to determine if the people will ratify a charter or a constitution, or approve or disapprove amendments of the same. recall – the process by which elected officials are evaluated and subjected to a possible dismissal from office, with a certain percentage of the electorate initiating the movement for recall.

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 t he election. No literacy, property, or other substantive r equirement shall be imposed on the exercise of su ffrage. 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. Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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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. 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. 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. 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 thirt ieth 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 for which he was elected. SECTION 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolit an Manila area in accordance with the num ber of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. (2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector. (3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative. (4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section. SECTION 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election. SECTION 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No member of the House of Representatives shall serve for more than three 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 for which he was elected. SECTION 8. 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.


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SECTION 9. 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. SECTION 10. 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. SECTION 11. 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. SECTION 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of inter est that may arise from the filing of a proposed legislation of which they are authors. SECTION 13. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. SECTION 14. No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentalit y thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office. SECTION 15. The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time. SECTION 16. (1) The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary. (2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide. (3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days. (4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, aff ect national security; and the yeas and nays o n any question shall, at the request of one-fifth of the Members present, be entered in the Journal. Each House shall also keep a Record of its proceedings. (5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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SECTION 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman. SECTION 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties or organizations registered under the party-list system represented therei n. The Chairman of the Commissio n shall not vote, except in case of a tie . The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members. SECTION 19. The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it. SECTION 20. The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member. SECTION 21. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected. SECTION 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. SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war. (2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers neces sary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof. SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments. SECTION 25. (1) The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law. (2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. (4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposed therein. (5) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. (6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. (7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress. SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. (2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal. SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it. (2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object. Veto Power – is the power of the President to disapprove a bill passed by the Congress for his approval. Non-Pocket Veto – In the process of legislation, the President is required to act a bill presented to him for his approval. If he neither approves or disapproves the bill passed to him, after thirty days, the bill is deemed approved. This is the reverse of the so-called pocket-veto….the President shall communicate his veto of any bill to the House where the bill originated within 30 days after the date of receipt….. SECTION 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation. (2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.


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(3) Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation. (4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress. SECTION 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law (2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious teacher, or dignitary as such, except when such priest, pr eacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium. (3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government. SECTION 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence. SECTION 31. No law granting a title of royalty or nobility shall be enacted. SECTION 32. The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions there from, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefore signed by at least ten 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 thereof.

ARTICLE VII Executive Department SECTION 1. The executive power shall be vested in the President of the Philippines. SECTION 2. No person may be elected President unless he is a 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, and a resident of the Philippines for at least ten years immediately preceding such election. SECTION 3. There shall be a Vice-President who shall have the same qualifications and term of office and be elected with and in the same manner as the President. He may be removed from office in the same manner as the President. The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation. SECTION 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June following the day of the election and shall end at noon of the same date six years thereafter. The President shall not be eligible for any reelection. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. No Vice-President 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 the service for the full term for which he was elected. Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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second Monday of May. The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitt ed to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes. The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting separately. The Congress shall promulgate its rules for the canvassing of the certificates. The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice- President, and may promulgate its rules for the purpose. SECTION 5. Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation : "I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or VicePresident or Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself t o the service of the Nation. So help me God." (In case of affirmation, last sentence will be omitted.) SECTION 6. 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. They shall not receive during their tenure any other emolument from the Government or any other source. SECTION 7. The President-elect and the Vice-President-elect shall assume office at the beginning of their terms. If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified. If a President shall not have been chosen, the Vice-President-elect shall act as President until a President shall have been chosen and qualified. If at the beginning of the term of the President, the President-elect shall have died or have become permanently disabled, the Vice-President-elect shall become President. Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives shall act as President until a President or a Vice-President shall have been chosen and qualified. The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph. SECTION 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified. Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President. SECTION 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation of a majority vote of all the Members of both Houses of the Congress, voting separately. SECTION 10. The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article VI of this Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special elections shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article VI of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called i f the vacancy occurs within eighteen months before the date of the next presidential election. SECTION 11. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President. Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, th e Vice-President shall i mmediately assume the powers and duties of t he office as Acting President. Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call. If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is unable to discharge the powers and duties of his office, the Vice-President shall act as the President; otherwise, the President shall continue exercising the powers and duties of his office. SECTION 12. In case of serious illness of the President, the public shall be informed of the state of his health. The Members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines , shall not be denied access to the President during such illness. SECTION 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or 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 government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office. The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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during his tenure be appointed as members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries. SECTION 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President within ninety days from his assumption or reassumption of office. SECTION 15. Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein wil l prejudice public service or endanger public safety. SECTION 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. The President shall have the power to make appointments during the recess of the Congress, whether voluntary or involuntary, but such appointments shall be effective only until after disapproval by the Commission on Appointments or until the next adjourn ment of the Congress. SECTION 17. The President shall control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed. SECTION 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or i n writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without any need of a call. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing. A state of martial law does not suspend the operation of the Co nstitution, nor supplant the functioni ng of the civil courts or the legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ. The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion. During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released. SECTION 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment.


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He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress. The Pardoning Power of the President The Supreme Court of the Philippines is the highest court of the land but the power to pardon lies in the hand of the president, who in accordance with law may grant reprieve, pardon commutation, remit fines and forfeitures after conviction. He may grant amnesty in cases involving political offenses after admission of guilt since a person would not need the benefits of amnesty unless he were, to begin with, guilty of the offense covered by the proclamation (7 SCRA 152). In cases of impeachment, the president is powerless to intercede or intervene. Reprieve is an order from the president to delay execution; pardon is forgiveness whether absolute or condition; commutation is the reduction of the offenses from grave to lighter punishment and remission is cancellation of fines imposed. Presidential pardon is usually granted on special occasions such as birthday of the president, Christmas Day or New Year’s Eve. Impeachment is the process of trying the President, Vice President, Supreme Court Members, Constitutional Commissioners and Ombudsman. But to initiate and try anyone of the aforementioned government officials is administratively difficult if not impossible. The factors that can make impeachment very difficult if not impossible are the time element, the processes involved; the numbers of votes required and the defects in the law themselves. Impeachment must be initiated by a member of the House of the Representatives by filing a verified complaint or by any citizen with a resolution of endorsement, also, by a member of the Representatives. There are ten (10) session days for the House of the Representatives including the complaint in the order of business; three (3) session days for referral to the committee report (majority vote are required for the submission of the report); and, another ten (10) session days are required for calendaring of the report for consideration of the House. Majority vote of all members of the House is needed for them to submit a committee report to the House itself, and another one third (1/3) vote of all members of the House to submit the Articles of Impeachment to senate for the actual trial. If the Articles of Impeachment reaches the senate for trial, there is no time limit set in the Constitution for trying an Impeachment case. Thus, the trial may drag up to the next election. For conviction, two thirds (2/3) votes of all senators (16 out of 24) is required. No impeachment can be initiated against the same official more than once within a year and the impeached official is penalized by removal and disqualification from public office. SECTION 20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board shall, within thirty days fr om the end of every quarter of t he calendar year, submit to the Congress a complete report of its decisions on applications for loans to be contracted or guaranteed by the Government or government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law. SECTION 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate. SECTION 22. The President shall submit to the Congress within thirty days from the opening of every regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. SECTION 23. The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time.


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ARTICLE VIII Judicial Department SECTION 1. The judicial power shall be vested in one Supreme Court and in such lower 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. SECTION 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof. No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members. SECTION 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released. SECTION 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or, in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof. (2) All cases involving the constitutionality of a treaty, international or executive agreement, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be de cided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon. (3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc; Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc. SECTION 5. The Supreme Court shall have the following powers: (1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo war ranto, and habeas corpus. (2) 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: (a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulat ion is in question. (b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. (c) All cases in which the jurisdiction of any lower court is in issue. (d) All criminal cases in which the penalty imposed is reclusion perpetua or higher. (e) All cases in which only an error or question of law is involved.


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(3) 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 the judge concerned. (4) Order a change of venue or place of trial to avoid a miscarriage of justice. (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admi ssion to the practice of law, the Integrated Bar, and legal assist ance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. (6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law. SECTION 6. The Supreme Court shall have the administrative supervision over all courts and the personnel thereof. SECTION 7. (1) 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 . (2) 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 t he Philippines and a member of the Philippine Bar. (3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence. SECTION 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector. (2) The regular Members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year. (3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings. (4) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council. (5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it. SECTION 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation. For the lower courts, the President shall issue the appointments within ninety days from the submission of the list. SECTION 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts shall be fixed by law. During their continuance in office, their salary shall not be decreased. SECTION 11. The Members of the Supreme Court and judges of lower courts shall hold office during good Philippine Government and Constitution (Bederio, Concepcion, et al; Daquila, Sonia S.; Garcia, Carlito D.)

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