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CONCEPTS TO MASTER FOR

THE FINAL EXAMINATIONS

POLITICAL SCIENCE
COVERAGE FOR THE FINALS
Topic Items
Citizenship (See Chapter 8 of your 12
book)
Suffrage (See Chapter 9 of your 12
book)
Three Branches of Government 76
(See Chapter 10 of your book)
100
ART. IV CITIZENSHIP
• Citizen and Citizenship
• 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.
• Jus Sanguinis vs Jus Soli
• Natural born vs naturalization
• Dual citizenship vs dual allegiance
ART V. SUFFRAGE
• Suffrage
• Theories of Suffrage (5)
• Scope of suffrage
• Election
• Plebiscite
• Referendum
• Recall
• Initiative
• Age requirement
THREE BRANCHES OF
GOVERNMENT
QUALIFICATIONS
QUALIFICATIONS Legislative Executive Judiciary*
Age HR – 25 / S - 35 P – 40 / VP - 40 J – 40
Citizenship NATURAL BORN CITIZENS
Educ Attainment ABLE TO READ AND WRITE MEMBER OF THE BAR
Term of Office HR – 3 years P – 6 yrs Until 70 / becomes
S – 6 years VP – 6 yrs incapacitated / removed
by impeachment
Term Limit HR – 3 consecutive P – 1 term
terms VP – 2 terms
S – 2 consecutive
terms
Residency HR - not less than 1 P and VP - at least
year 10 years
S – not less than 2
years
Others - At least 15 years
- Proven competence,
integrity, probity and
independence
PERSONALITIES
LEGISLATIVE EXECUTIVE JUDICIARY
• Senator Aquilino • Pres. Rodrigo Duterte • CJ Maria Lourdes
Pimentel III • VP Maria Leonor Sereno
• Sen. Grace Poe Robredo • Justice Antonio T.
• Sen. Manny Pacquiao • Allan Peter Cayetano Carpio
• Sen Ralph Recto • Harry Roque • Justice Teresita J.
• Cong . Rodolfo Farinas • Dr. Francisco Duque III Leonardo-De
• Speaker Pantaleon • Atty. Vitaliano Aguirre Castro
Alvarez • Salvador Panelo • Justice Marvic
• Cong. Reynaldo V. • Martin Andanar Mario Victor F.
Umali • Mocha Uson Leonen
• Justice Francis H.
Jardeleza
• Justice Lucas P.
Bersamin
LEGISLATIVE DEPARTMENT
• Legislative Powers • Commission on
• Bicameral - House and Appointments
Senate • Senate and House
• District Representative Electoral Tribunal
vs Party list • Legislative and Non-
Representative Legislative Powers
• Legislative Privileges • Limitations –
• Parliamentary Substantive and
Inhibitions and Procedural
Disqualifications • How a bill becomes a
law
CLASSIFICATIONS OF POWERS
• Legislative • Non- Legislative
• General plenary power • Canvass presd’l elections
• Specific power of • Declare the existence of war
appropriation • Delegation of emergency
powers
• Taxation and expropriation,
• Call special elections for P and
legislative investigation VP
• Question • Give concurrence to treaties
and amnesties
• Propose const’l amendments
• Confirm certain appointments
• Impeach
• Decide the disability of the
President
• Revoke or extend proclamation
of p of whc or martial law
• Utilization of natural resources
LIMITATIONS OF POWERS
• Substantive • Procedural
• Bill of Rights • Only one subject in the title of
the bill
• On appropriations
• Taxation
• On constitutional
appellate jurisdiction of
the Supreme Court
• Granting of title of royalty
• Appropriation of specific
funds
• Irrepealable laws
• Non – delegation of
powers
LEGISLATIVE DEPARTMENT
• Bicameral Conference Committee
• Power of Appropriation
• Legislative Investigation
• Oversight Function
• Three Readings
LEGISLATIVE INVESTIGATION
• Inherent in the power to legislate.
• The power of inquiry, with process to enforce it, is
grounded on the necessity of information in the
legislative process.
• If the information possessed by executive officials
on the operation of their offices is necessary for
wise legislation on that subject, by parity of
reasoning, Congress has the right to that
information and the power to compel the
disclosure thereof.
OVERSIGHT FUNCTION
• all activities undertaken by Congress to enhance its
understanding of and influence over the implementation of
legislation it has enacted.
• Clearly, oversight concerns post-enactment measures
undertaken by Congress:
• (a) to monitor bureaucratic compliance with program objectives,
• (b) to determine whether agencies are properly administered,
• (c) to eliminate executive waste and dishonesty,
• (d) to prevent executive usurpation of legislative authority, and
• (e) to assess executive conformity with the congressional
perception of public interest. The power of oversight has been held
to be intrinsic in the grant of legislative power itself and integral to
the checks and balances inherent in a democratic system of
government.
EXECUTIVE POWER
• Executive Power • Borrowing Power
• Presidential Immunity • Diplomatic Power
• Executive Privilege • Rules of Succession
• Oath of Office
• Power of Appointment
• Power of Removal
• Military Power
• Pardoning Power
• Amnesty vs Pardon
EXECUTIVE POWER
• The power to enforce and administer the
laws

PRESIDENTIAL IMMUNITY
• Immunity from suit – to be free from any
hindrance or distraction
EXECUTIVE PRIVILEGE
• Withhold information from Congress, the
Courts and ultimately, the public
MILITARY POWER
• Declaration of Martial Law
• Duration: 60 days unless extended by Congress
• Inform the Congress within 48 hours
• Revoke or extend – majority of all its members voting
jointly
• Cannot be done:
• Suspend the operation of the Constitution
• Supplant the functioning of the civil courts and the
legislative assemblies
• Confer jurisdiction upon military courts and agencies
over civilians
• Automatically suspend the privilege of the writ of
habeas corpus.
PARDONING POWER
• Act of grace
• Discretionary
• Amnesty – rebels ; approval by Congress
• Commutation – reduction
• Reprieve – postponement
• Parole – release from imprisonment, but without
full restoration of liberty; is in the custody of law
• Remission of fines and forfeiture – prevents the
collection of fines or the confiscation of forfeited
property
MILITARY POWER
• Suspension of the Privilege of the Writ of Habeas
Corpus
• Effects:
• Proclamation does not affect the right to bail.
• Suspension applies only to persons facing charges of
rebellion or offenses inherent in or directly connection
with invasion.
• Persons arrested must be charged within 3 days, if not,
they must be released.
• Proclamation does not supersede civilian authority.
RULES OF SUCCESSION
• Acts as
• When the President fails to qualify
• No President shall have been chosen
• Becomes
• President dies
• President becomes permanently disabled
• Removal from office (impeached), resignation
• VP ® Senate President ® Speaker of the House
JUDICIAL POWER
• Judicial Power • Judicial Independence
• Court Organization
• Locus Standi
• Supreme Court
Decisions:
• Division
• En Banc
• Powers of the
Supreme Court
ORIGINAL JURISDICTION
• Ambassadors, other public ministers and consuls

• Over petitions for Certiorari, Prohibitions, Mandamus, Quo

warranto, and Habeas Corpus

• Review of the factual basis for the declaration of martial

law

• Suspension of the privilege of writ of habeas corpus


APPELLATE JURISDICTION
• Final judgements and orders of lower courts in all cases in

which the constitutionality or validity of any Treaty,


International or Executive Agreement, Law, Presidential
Decree, Proclamation, Order, Instruction, Ordinance or
Regulation is in question.

• All cases involving the legality of any tax imposed,

assessments or toll or any penalty imposed in relation


APPELLATE JURISDICTION
• All cases in which the jurisdiction of any lower court is in

issue

• All criminal cases in which the penalty impose is

reclusion, perpetua or higher

• All cases in which only a question of law involved


BAR MATTER No. 209
• Administrative Judges

• Disbarment of Lawyers

• Suspension of more than 1 year

• Fine exceeding Php 10,000


Other powers:
• PRESIDENTIAL ELECTORAL TRIBUNAL

• POWER TO TEMPORARY ASSIGNMENTS OF JUDGES


OF LOWER COURTS

• POWER TO CHANGE A VENUE OR PLACE OF TRIAL

• RULE-MAKING POWER
Other powers:
• POWER OF APPOINTMENT

• POWER OF ADMINISTRATIVE SUPERVISION

• CONTEMPT POWERS
Lower Courts (Regional Trial Court
Judges)
• citizen of the Philippines
• at least 35 years old
• has been engaged for at least 10 years in the practice of
law in the Philippines or has held public office in the
Philippines requiring admission to the practice of law as
an indispensible requisite
• a person of proven competence, integrity, probity and
independence
Metropolitan, Municipal and Municipal
Circuit Trial Court Judges
• citizen of the Philippines
• at least 30 years old
• has been engaged for at least 5 years in the practice of
law in the Philippines requiring admission to the practice
of law as an indispensible requisite
• a person of proven competence, integrity, probity and
independence
Tenure of the Members of Supreme Court
• until 70 years old
• incapacitated (Article VII, Section 11)
• impeached (Article XI, Section 2)
Tenure of the Judges of the Lower Courts
• until 70 years old
• incapacitated (Article VII, Section 11)
LOCUS STANDI
• Legal standing
• Rights of one who has sustained or is in imminent
danger of sustaining an injury as a result of the act
complained of
• It is the ability of a party to demonstrate to the court
sufficient connection to and harm from the law or
action challenged to support that party’s
participation in the case
STANDING REQUIREMENTS
1. Injury-in-fact
• Can be legal, economic, or environmental
2. Causation
• There must be a causal connection between the
injury and the conduct complained of
3. Redressability
• The injury of the party/petitioner must be
redressable by the remedy being sought by
party/petitioner
GOOD LUCK!

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