HISTO FINALS Notes
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*Article II (Declaration of
Principles and State Policies)
-statement of the basic ideological
principles and policies that
underlie the Constitution
-the provisions shed light on the
meaning of the other provisions of
the constitution and they are a
guide for all departments of the
govt in the implementation of the
constitution
SECTION 1
-The Philippines is a democratic
and republican state of sovereignty
resides in the people and all govt
authority emanates from them
*Republican State- a state wherein
all govt authority emanates from
the people and is exercised by
representatives chosen by the
people; a state in w/c the supreme
power rests in the body of citizens
entitles to vote and is exercised by
representatives chosen directly or
indirectly by them
SECTION 2
The Philippines renounces was as
an instrument of national policy,
adopts the generally accepted
principles of international laws as
part of the law of the land and
adheres to the policy of peace,
equality, justice, freedom,
cooperation, and amity with all
nations
-does not necessarily follow that
the Phil. Will not wage war
-if it is in the defense of its very
existence, then it will wage war
-avoids AGGRESSIVE type of
war
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
-GOAL: secure the sovereignty of
the state and the integrity of the
national territory
-the supremacy of the civilian
authority is made manifest in the
fact that the president,
(commander in chief of the armed
forces) is civilian
SECTION 4
-The frame duty of the govt is to
serve and protect the people to
defend the state and the people.
The govt may call upon the
people to defend the state and in
the fulfillment therefore, all
citizens may be required under
conditions provided by law, to
render personal military or civil
service.
SECTION 5
-The maintenance of peace and
order, the protection of life,
liberty, and property, and the
promotion of the general welfare
are essential for the enjoyment by
all the people of the blessings of
democracy
SECTION 6
-The separations of church and
state shall be involved
STATE POLICIES SECTION
7 RELATIONSHIP
-The state shall pursue an
independent foreign policy , in its
relations with other state the
paramount consideration shall be
national sovereignty, territorial
integrity, national interest, and the
right to self-determination
SECTION 8
-The Philippines, consistent with
the national interest, adopts and
pursues a policy of freedom from
nuclear weapon in its territory
-exception to this policy is the use
of nuclear technology for peaceful
means
-demands of the national interest
may also be an exception
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 am improved quality
of life for all
SECTION 10
-The state shall promote social
justice in all phases of national
development
SECTION 11
-The state values dignity of every
human and 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 basic autonomous social
institution. It shall equally protect
the life of the mother and the life
of the unborn from the
conception. The natural and
primary right and duty of the
parent in the rearing of the youth
for civic efficiency and the
development of moral charc shall
receive the support of the govt
*POVERTY AND SOCILA
JUSTICE*
>the provision emphasizes that
poverty and gross inequality are
the major problems of the society
>social justice means the
equalization of economic, political,
and social opportunities
>the equalization process is the
job of the State favoring the
disadvantaged people
-family, as defined and used the
constitution, is a stable
HETEROSEXUAL
-the family existed prior to the
state and is therefore not a
creature of the state
SECTION 13
-The State recognizes the vital
role of the youth in nation-building
and shall promote and protect
their physical, moral, spiritual,
intellectual, and social well-being.
It shall inculcate in the youth
patriotism and nationalism, and
encourage their involvement in
public and civic affairs
SECTION 14
-The State recognizes the role of
women in nation-building, and shall
ensure the fundamental equality
before the law of women and
men
-the idea of the provision of sex
where sex is not a relevant factor
in determining rights and duties
SECTION 15
- The State shall protect and
promote the right to health of the
people and instill health
consciousness among them
SECTION 16
-The State shall protect and
advance the right of the people to
a balanced and healthful ecology in
accord with the rhythm and
harmony of nature
SECTION 17
- The State shall give priority to
education, science and technology,
arts, culture, and sports to foster
patriotism and nationalism,
accelerate social progress, and
promote total human liberation
and development
SECTION 18
-The State affirms labor as a
primary social economic force. It
shall protect the rights of workers
and promote their welfare
Section 19
The State shall develop a self-
reliant and independent national
economy effectively controlled by
Filipinos
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
Section 28
-Subject to reasonable
conditions prescribed by law, the
State adopts and implements a
policy of full public disclosure of all
its transactions involving public
interest
*ARTICLE III (BILL OF
RIGHTS)
>Concept of Bill Rights
-may be defines as a declaration
and enumeration of a persons
rights and privileges which the
constitution is designed to protect
against violation by the govt, or by
individuals or groups of individuals
-charter of liberties for the
individual and a limitation upon the
power of state
-its basis is the belief that every
human being has intrinsic dignity
and worth which must be
respected and safeguarded
*WHAT IS THE
SIGNIFICANCE OF THE
BILL OF RIGHTS?
-it needs to be said that govt is
powerful
-when power is unrestrained, govt
becomes tyrannical and arbitrary
-the bill of rights guarantees that
there are aspects in a persons
LIFE, LIBERTY, AND PROPERTY
which govt cannot touch
*WHAT GOVERNMENTAL
POWERS ARE LIMITED BY
THE BILL OF RIGHTS?
-ALL
*CLASSES OF RIGHTS
1. Natural Rights
-rights possessed by every citizen
without being granted by the state
for they are given to man by God
as being created to His image so
that he may live a happy life (e.g.
right to life and right to live)
2. Constitutional Rights
-rights which are conferred and
protected by constitution
-part of the fundamental law
They cannot be modified by law or
taken away by the law-making
body
3. Statutory Rights
-right which ae provided by laws
promulgated by the law-making
body and consequently may be
abolished by the same body (e.g.
right to receive minimum wage)
*CLASSIFICATION OF
CONSTITUTIONAL RIGHTS
1. Political Rights
-rights of the citizens which give
them the power to participate,
directly or indirectly, in the
establishment or administration of
the govt (e.g. righto citizenship)
2. Civil Rights
-rights which the law will enforce
at the instance of private
individuals for the purpose of
securing to them the enjoyment of
their means of happiness (e.g.
freedom of speech)
3. Social and Economic Rights
-rights which are intended to
ensure the well-being and
economic security of an individual
4. Rights of the Accused
-rights intended for the protection
of a person accused of any crime
*ARTICLE IV (CITIZENSHIP)
*WHO ARE THE CITIZENS
OF THE PHILIPPINES?
SECTION 1
The following are citizens of the
Philippines:
1. Those who are citizens of
the Philippines at the time
of the adoption of this
Constitution;
2. Those whose fathers or
mothers are citizens of the
Philippines;
3. Those born before January
17, 1973, of Filipino
mothers, who elect
Philippine citizenship upon
reaching the age of
majority; and
4. Those who are naturalized
in accordance with law.
*WHAT IS CITIZENSHIP?
-personal and more or less
permanent membership in a
political community
Denotes possession of full civil and
political within the political
community
*WHAT ARE THE MODES
OF ACQUIRING
CITIZENSHIP?
1. Jus sanguinis- acquisition of
citizenship by way of blood
relationship
2. Jus soli- acquisition of
citizenship on the basis of place of
birth
3. Naturalization- legal act of
adopting an alien and clothing
him/her privileges of a native born
citizen
NOTE: Basic Phil. Law provides
for naturalization, and jus sanguinis
rule
*WHO ARE THE CITIZENS
OF THE PHILIPPINES AT
THE TIME OF THE
ADOPTION OF THE 1987
CONSTITUTION?
-Phil. Citizens at the time of the
adoption of the 1987 constitution
were those citizens under the
1973 constitution
*WHO WERE THE
CITIZENS OF THE PHIL
UNDER THE 91973
CONSTITUTION?
-Sect 1 of the article on the
Citizenship was the same under
the new constitution
SECTION 2
-Natural-born citizens are those
who are citizens of the Philippines
from birth without having to
perform any act to acquire or
perfect their Philippine citizenship.
Those who elect Philippine
citizenship in accordance with
paragraph (3), Section 1 hereof
shall be deemed natural-born
citizens.
SECTION 3
-Philippine citizenship may be lost
or reacquired in the manner
provided by law.
*HOW MAY LOST
CITIZENSHIP BE
ACQUIRED?
1. either by naturalization
3. or by repatriation(recovery of
lost citizenship by way of certain
process; foremost of this process
is taking the oath of allegiance)
*HOW CAN CITIZENSHIP
BE LOST?
1. By naturalization in a foreign
country
2. By express of renunciation of
citizenship
3. By subscribing to an oath of
allegiance to the laws constitution
of a foreign country
4. By serving in the armed force of
an enemy country
5. By being a deserter of the
armed forces of ones 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)
>WHAT IS SUFFRAGE?
-traditionally has been understood
to mean the right to vote in
elections
*WHO MAY EXERCISE
SUFFRAGE?
-exercised by all citizens of
the Phil not otherwise
disqualified by law who are at least
18 years old, and who shall have
resided in the Phil for at least 1
year and in the place here he/she
proposes to vote for at least 6
mos immediately preceding the
election
SECTION 1
-Suffrage may be exercised by all
citizens of the Philippines, not
otherwise disqualified by law, who
are at least eighteen years of age,
and who shall have resided in the
Philippines for at least one year
and in the place wherein they
propose to vote, for at least six
months immediately preceding the
election. No literacy, property, or
other substantive requirement
shall be imposed on the exercise
of suffrage.
*THE VOTING HAS EEN
LOWERED
-the voting age in the 1987
constitution has been lowered in
order to broaden the mass
electoral base and in order to
emphasize the role of the youth
*WHAT DOES
RESIDENCYMEAN?
-the term residence has two
meaning under Phil Election law
-residence is synonymous to
domicile which carries the
intention to reside in the place and
the personal presence in the place
- in order to acquire domicile, the
following must be present:
>residence or bodily presence in
the place
>an intention to remain in the
place
>an intention to abandon old
domicile
*WHO ARE NOT
QUALIFIED TO VOTE
UNDER PHIL ELECTION
LAW?
-any person who has been
sentenced by FINAL JUDGEMENT
to suffer an imprisonment of not
less than one (1) year such
disability not having been removed
any plenary pardon. Any person
disqualified to vote under this
paragraph shall automatically
reacquire the righto vote upon
expiration of 5 years after service
of sentence
- any person who has been judged
by final judgement by a competent
count for violating his allegiance to
the Phil
-insane or feeble-minded persons
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.
*IS ABSENTEE VOTING
ALLOWED?
-under R.A. 9189, absentee voting
is ALLOWED
-absentee voters may vote for the
following positions:
1. president
2. v-pres
3. senator
4. party list
*THE EXECUTIVE
DEPARTMENT*
-charged with the execution and
administration of a countrys laws
-in general, the executive branch
sets the direction of national
policy
- executive power in the Phil govt
is vested in the office of the
president of the republic
*RUNNING FOR
PRESIDENT
-natural born citizen of the Phil
-registered votes
-literate (can read and write)
-at least 40 years old
-resident of the country for 10
years
-elected at large by plurality
*TERM LIMITS
-the term of the Pres is for 6 years
(no re-election)
-no person who has succeeded
and served as Pres for 4 years ca
run again
-V-pres: max of 2 years
*PRESIDENTIAL
PRIVILEGES
-appoint head of the diff executive
departments
-appoint ambassadors, consuls and
public ministers
-appoint armed forces personnel
from the rank of colonel or naval
captain
-negotiate foreign treaties
-make appointments not
otherwise provided for by law
-suspend the writ of habeas
corpus
-declare martial law
-prepares the national budget
-perform acts of clemency
*ACTS OF CLEMENCY
1. amnesty- it is a general pardon
to rebels for their treason and
other high political offenses
2. pardon- act of grace proceeding
from the power entrusted with
the execution of the laws. It can e
absolute or conditional
3. commutation- remission of a
part of the punishment. A
substitution of an orig punishment
with a lesser punishment
4. reprieve- postponement of the
execution of the punishment
5. remission of fines and
forfeitures- prevention of the
collection of fines or the
confiscation of forfeited property
*THE PRESIDENT CANNOT
-hold any other officer or enjoy
any other form of employment
-make appointments 2 months
prior to the next elections
-make appointments within the 4th
civil degree of consanguinity
*CAUSES OF VACANCY
-death
-permanent disability
-resignation
-impeachment
-written declaration that he/she is
unable to discharge the powers
and duties of the office
-maj of the cabinet makes written
declaration that the pres cannot
discharge the powers and duties of
the office
*MORE ON VACANCY
-the pres can, at a later time,
inform Congress s/he is fit to
perform his/her duties
-congress can judge otherwise by a
2/3 vote of both houses voting
separately
>IF THE PRES FALLS SERIOUSLY
ILL,
-the public will be informed of
his/her health
-members of the cabinet in charge
of national security and foreign
relations shall have access to the
pres
-the chief of staff of the armed
forces shall have access to the
pres
*PHIL PRES*
Aguinaldo (1898-1902)
Quezon(1935-44)
Laurel 91943-45)
Osmea(1944-1946)
Roxas
Quirino
Magsaysay
Garcia
Macapagal
Marcos
Aquino
Estrada
Arroyo
Pnoy
Duterte
*ARTICLE VI (LEGISLATIVE
DEPARTMENT)
*LEGISLATIVE DEPT
-from the Latin lex, Legis of legislation
meaning law
-the legis.. branch broadly deals
with the making, deliberation over,
enactment, amendment, and
repealing of laws
*BASIC STRUCTURES
-2 basic structures of legis..brach
of govt:
1. Unicameral- consists of
chamber/house
2. Bicameral- legis.. power is
vested in two chambers/ houses
*THE PHIL CONGRESS
-countrys legis. Dept (Art. VI,
Sec.1)
- congress is bicameral
-upper house: senate
-lower house: house of
representatives
-NB: senators are congressman
*SENATE
>composition: 24 senators;
natural- born; at least 35 years old
on election day
>qualifications: literate; registered
voter; Phil resident for 2 years
prior to election day
>term of office: 6 years; max is
2years
*HOUSE OF
REPRESENTATIVES
-.composition: 200 district reps, 50
party list; nat. born; at least 25 y/o
on ED
>Quali: literate; registered voter
of the district; district resident for
1 year prior to ED
>term of office: 3 years; max is 3
years
*IN CAE OF VACANCY
-vacancy can be filled through
regular election
-special elections can be called for
the purpose of filling the vacancy
-in either circumstance, the one
elected merely sits for the
unexpired term
*PARLIAMENTARY
PRIVILEGES
-congressmen have 2
parliamentary privileges while
congressman is in session:
1. privilege from arrest
-immunity from offenses
punishable by not more than 6
years imprisonment
2. privilege of speech and debate
-immunity from libel and slander
*TRANSPARENCY
-elected congressman must
1. fully disclose their financial and
business interests
2. disclose potential conflicts of
interests that arise in the course
3. keep from any other office or
employment, forfeit his/her seat to
do so
*STRUCTURE AND
DYNAMICS*
-senate pres and house speaker
elected by maj vote
-other officers, procedures and
the discipline of its members is at
discretion of each house
-Quorum: majority
-each house maintains a journal
and record of proceedings
-neither house can adjourn w/o
the others consent while in
session
*POWER OF CONGRESS
1. appoint the public officials
2.Legislative inquiry and
investigation
3. declare the existence of a state
of war
4. ratify the countrys intentional
treaties
5. authorize limited emergency
powers for the pres
6. approve the govt budget
7. undertake proj under CDF
8. propose, review, and adopt bills
for enactment of the law
9.overturn a presidential veto with
respect to proposed legislation
10. allow for referenda
11. propose amendments to the
const. and call for a const.
convention
*LEGISLATIVE LIMITATIONS
-congress may noy
1. increase appropriations
recommended by the executive
branch
2.pass tax consumptions w/o the
occurrence of a maj of its
members
3. grant titles of nobility
4. pass ex post facto bills
5. pass bills of attainder
*HOW A BILL BECOMES A
LAW-> REFER TO THE
PICTURES TAKEN*