Polgov Notes

POSC 1013
POLITICS AND GOVERNANCE WITH PHILIPPINE CONSTITUTION
Politics
The process by which governmental decisions are made, as a famous definition puts it, politics is
determining who gets what, where, when, and how.
Political Science
Political Science is the systematic study of Politics. The political scientist is an objective observer who
asks questions about and studies the effects and structures of different systems of governments.
Public Administration
Public administration is concerned with the organization, activities, and behavior of administrative
agencies and officials in the conduct of government. Public administration includes the study of how
bureaucracies interact with other political institutions, the political and legal context of administration,
and how organization structures and governance structures affect the actions of government.
Governance
Governance is commonly defined as the exercise of power or authority by political leaders for the well-
being of their country’s citizens or subjects. It is the complex process whereby some sectors of the
society wield power, and enact and promulgate public policies which directly affect human and
institutional interactions, and economic and social development.
Leadership
Leadership means the quality of a man who has the ability to lead a team or a country or an
organization.
Forms of Government
Law and Order

A situation characterized by respect for and obedience to the rules of a society.
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Law and Logic

Presumption of regularity in the performance of official function/duty of a public official
Politics and Administration Dichotomy

 For President Wilson, the field of politics aims to answer the question, “Who shall make law and
what shall it be?” while administration attempts to address the question, “How should the law
be administered?”
 Frank Goodnow stated that while politics has something to do with policies or expressions of the
State’s will, administration has to do with the execution of such policies.
 Wilson and Goodnow made clear that politics is limited to crafting of policies and lawmaking, a
function generally vested upon a State’s legislative body; and administration is focused on the
implementation of laws, a function normally held by the State’s executive branch.
E-governance
E-governance, expands to electronic governance, is the integration of Information and Communication
Technology (ICT) in all the processes, with the aim of enhancing government ability to address the needs
of the general public. The basic purpose of e-governance is to simplify processes for all, i.e. government,
citizens, businesses, etc. at National, State and local levels.
Separation of Powers
The system of separation of powers divides the tasks of the state into three branches: legislative,
executive and judicial. These tasks are assigned to different institutions in such a way that each of them
can check the others.
Executive Legislative Judiciary
Executes Enacts Interprets
Sword Purse Pen
Delegation of Powers
Delegation of powers, in law, is the transfer of authority by one person or group to another person or
group. For example, the Congress may create government agencies to which it delegates authority to
promulgate and enforce regulations pursuant to law. More specifically, in constitutional law, delegation
of powers refers to the different powers granted respectively to each of three branches of
government—executive, legislative, and judicial.
Blending of Powers
Blending of powers is actually sharing of powers of the different departments of government whereby
one department helps and coordinates with the other in the exercise of a particular power, function or
responsibility.
The following are examples under the 1987 Philippine Constitution where powers are not confined
exclusively within one department but are in fact shared:
1. The President and Congress help one another in the making of laws. Congress enacts the bill and
the President approves it.
2. The President prepares a budget and Congress enacts an appropriation bill pursuant to that
budget.
3. The President enters into a treaty with foreign countries and the Senate ratifies the same.
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4. The Supreme Court may declare a treaty, international or executive agreement, or law, as
unconstitutional, and it has also the power to declare invalid any act done by the other
departments of government.
5. The grant of amnesty by the President is subject to the concurrence of a majority of all the
members of the Congress.
Check and Balance

The system that allows each branch of a government to amend or veto acts of another branch, to
prevent any one branch from exerting too much power.
Statutory Construction
The process of determining what a particular statute means so that a court may apply it accurately.
Rights
1. Natural rights are rights which are "natural" in the sense of "not artificial, not man-made", as in
rights deriving from human nature or from the edicts of a god. They are universal; that is, they
apply to all people, and do not derive from the laws of any specific society. They exist
necessarily, inhere in every individual, and can't be taken away.
2. Legal rights, in contrast, are based on a society's customs, laws, statutes or actions by
legislatures. An example of a legal right is the right to vote of citizens. Citizenship, itself, is often
considered as the basis for having legal rights, and has been defined as the "right to have
rights". Legal rights are sometimes called civil rights or statutory rights and are culturally and
politically relative since they depend on a specific societal context to have meaning.
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3. A claim right is a right which entails that another person has a duty to the right-holder.
Somebody else must do or refrain from doing something to or for the claim holder, such as
perform a service or supply a product for him or her; that is, he or she has a claim to that service
or product (another term is thing in action). In logic, this idea can be expressed as: "Person A has
a claim that person B do something if and only if B has a duty to A to do that something." Every
claim-right entails that some other duty-bearer must do some duty for the claim to be satisfied.
This duty can be to act or to refrain from acting.
4. A liberty right or privilege, in contrast, is simply a freedom or permission for the right-holder to
do something, and there are no obligations on other parties to do or not do anything. This can
be expressed in logic as: "Person A has a privilege to do something if and only if A has no duty
not to do that something."
5. Positive rights are permissions to do things, or entitlements to be done unto. One example of a
positive right is the purported "right to welfare."
6. Negative rights are permissions not to do things, or entitlements to be left alone. Often the
distinction is invoked by libertarians who think of a negative right as an entitlement to non-
interference such as a right against being assaulted.
7. Individual rights are rights held by individual people regardless of their group membership or
lack thereof.
8. Group rights have been argued to exist when a group is seen as more than a mere composite or
assembly of separate individuals but an entity in its own right. In other words, it's possible to see
a group as a distinct being in and of itself; it's akin to an enlarged individual, a corporate body,
which has a distinct will and power of action and can be thought of as having rights.
Obligations
An obligation is a juridical necessity to give, to do or not to do. This definition specifically pertains to civil
obligation in difference to natural obligation. The term juridical in the definition refers to the legal
aspect of an obligation. If an obligation is juridical, it follows that you can go to court and ask for a civil
action in case of breach or non-compliance.
Hierarchy of Laws
Philippine
Constitution
Laws (Administrative order,

Memo circular, Executive order,
Presidential Proclamation etc. )
Ordinances
(Province, City/Municipality, Barangay)
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Suit vs. Class Suit

 A civil lawsuit is a legal process by which a person or entity can hold another person or entity
liable for some wrong, injury, or damage. If the party who filed the lawsuit is successful in court,
the other party may be ordered to pay monetary damages, or he may gain some other
advantage.
 A class action lawsuit is a civil legal action in which one or more individuals sue a person or
entity on behalf of a larger group or class of people. Class action lawsuits are commonly used to
address situations in which a large number of individuals have been injured or wronged by the
defendant in the same manner.
Legal Personality vs. Legal age vs. Legal capacity

 Legal Personality is the sum total of an individual’s legal advantages and disadvantages; Defined
as the lawful characteristics and qualities of an entity. An example of these is a person’s age or
asset ownership.
 Legal Age is the age at which the person acquires full capacity to make his own contracts and
deeds and transact business generally (age of majority) or to enter into some particular contract
or relation, as the “legal age of consent” to marriage.
 Legal Capacity is the Lawful capacity for an entity in its own name to enter into binding
contracts, to sue and to be sued.
Distinction between Self Executing vs. Non-Self Executing provisions of the Constitution
 A constitutional provision is self-executing when it can be given effect without the aid of
legislation, and there is nothing to indicate that legislation is intended to make it operative. For
example, a constitutional provision that any municipality by vote of four-sevenths of its qualified
electors may issue and sell revenue bonds in order to pay for the cost of purchasing a
municipally owned public utility is self-executing and effective without a legislative enactment.
 Constitutional provisions are not self-executing if they merely set forth a line of policy or
principles without supplying the means by which they are to be effectuated, or if the language
of the constitution is directed to the legislature. As a result, a constitutional provision that the
legislature shall direct by law in what manner and in what court suits may be brought against
the state is not self-executing.
State Elements: People, Territory, Government and Sovereignty

 People - the population living in a state.
o Kind of Persons: Natural Person- human beings, individual
Juridical Person- Organizations, corporations
 Territory - includes the land, the rivers, the sea, and the air space which the jurisdiction of the
sate extends.
 Government - The agency, through which the will of the state is formulated, expressed and
carried out.
 Sovereignty or independence - the power to command and enforce obedience, free from
foreign control.
Principal- Agent Relationship

The principal-agent relationship is an arrangement in which one entity legally appoints another to act on
its behalf. In a principal-agent relationship, the agent acts on behalf of the principal and should not have
a conflict of interest in carrying out the act. Principal- Boss >> Agent- Subordinate
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PHILIPPINE CONSTITUTION ARTICLE 1

NATIONALTERRITORY
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, 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.
Philippine Archipelago:
1. Treaty of Paris, December 10 1898 – cessation of the Philippine Islands by Spain to the United States
2. Treaty of Washington November 7 1900 – clarifying territories to the US by Spain, particularly the
islands of Cagayan Sulu and Sibutu.
3. Convention between US and Great Britain 1930– delimiting the boundary between North Borneo and
Philippine Archipelago
What comprises the National Territory?

1. The Philippine Archipelago with all the islands embraced therein
2. All other territories over which the Philippines has sovereignty or jurisdiction
The Philippine Archipelago with all the islands embraced therein

Archipelago - under the UNCLOS (United Nations Convention on the Law of the Sea), it is a group of
islands, interconnecting waters and other natural features which are so closely inter-related that such
islands, waters and natural features from an intrinsic geographical, economic and political entity, or
which historically regarded as such.
2 Elements of Archipelagic Principle

1. Definition of internal waters
2. Straight baseline method of delineating the territorial sea
o Straight Baseline Method - allows a country with offshore islands and/or very jagged
coastlines to calculate its territorial seas from straight lines drawn from a point on the coast to the
islands, or from island to island. One then “connects the dots” literally, and the water behind the lines is
designated internal waters, while waters away from the line and toward open waters are considered
territorial seas
All other territories over which the Philippines has sovereignty or jurisdiction
• Includes any territory that presently belongs or might in the future belong to the Philippines through
any of the accepted international modes of acquiring territory.
• Batanes (1935 Constitution)
• Other territories belonging to the Philippines by historic or legal title (1973 Constitution)
 Claim to Sabah
 Spratly Islands (PD 1596 of June 11 1968)
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Components of National Territory:
I. Terrestrial – refers to the land mass, which may be integrate or dismembered, or partly bound by
water or consists of one whole island. It includes all the resources attached to the land.
II. Fluvial
a) Internal waters - the waters around, between and connecting the islands of the archipelago,
regardless of their breadth and dimensions.
b) Archipelagic waters – waters enclosed by the archipelagic baselines, regardless of their depth or
distance from the coast.
Archipelagic State – state made up of one or two archipelagos
Straight Archipelagic Baseline – determine the archipelagic waters, the state shall draw straight
baselines connecting the outermost points of the outermost islands and drying reef provided that within
such baselines are included the main islands and an area in which the ratio of the water to the area of
land, including atolls, is between 1:1 and 9:1. The length of such baselines shall not exceed 100 nautical
miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may
exceed that length, up to a maximum length of 125 nautical miles. The drawing of such baselines shall
not depart to any appreciable extent from the general configuration of the archipelago.
c) Territorial sea - belt of the sea located between the coast and internal waters of the coastal
state on the one hand, and the high seas on the other, extending up to 12 nautical miles from
the low water mark
d) Contiguous zone - Extends up to 12 nautical miles from the territorial sea. Although not part of
the territory, the coastal State may exercise jurisdiction to prevent infringement of customs,
fiscal, immigration or sanitary laws.
Principle of Innocent Passage – guarantees that all vessels, whatever flag that they are flying, can
freely cross all territorial seas.
e) Exclusive economic zone - Body of water extending up to 200 nautical miles, within which the
state may exercise sovereign rights to explore, exploit, conserve and manage the natural
resources.
f) Continental shelf – the seabed and subsoil of the submarine areas extending beyond the
Philippine territorial sea.
g) High seas – res communes; not territory of any particular State. They are beyond the jurisdiction
and sovereign rights of the State.
III. Aerial – Rules governing the high seas also apply to outer space, which is considered as res
communes.
Kármán Line – lies an altitude of 100 km (62 mi) above the Earth's sea level and is commonly
define the boundary between the Earth's atmosphere and outer space.
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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, 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
The Philippines is composed of more than 7,100 islands and islets lying a little above the equator
off the coast of Asia. Its island stretch almost a thousand miles from north to south and its irregular
coastline consists of 10,850 statue miles, twice as long as that of the United States. Its total land area is
about 114,830 square miles, one half of which is covered by forests.
The Philippines archipelago, with all the islands and water embrace there in the above definition
of our national territory shall have reference to and shall cover the islands and the waters set forth in
the Treaty of Paris of December 10, 1898, the Treaty of November 7, 1900 between the United States
and Spain (covering Cagayan, Sulu and Siboto groups omitted in the Treaty of Paris) and the Treaty of
January 2, 1930 between the United States and Great Britain (covering Turtle Islands and the Mangsee
Groups). It was, therefore, erroneous to conclude that the above definition did away with the territorial
waters set forth in the Treaty of Paris.
The archipelagic waters of our archipelago are protected by the second sentence of the
definitions of our national territory which reads: “The waters around, between, and connecting the
islands of the archipelago, regardless of their breadth and dimensions, from part of the internal waters
of the Philippines.
Speaking of the scope and legal implications of the boundaries of the Philippines archipelago,
the Committee on National Territory of the 1971 Constitutional Convention, observed:
“if we plot on a map the boundaries of the Philippines archipelago as set forth in the Treaty of Paris , a
huge or giant rectangle will emerge, measuring about 600 miles in width, and over 1,200 miles in length.
Inside the rectangle are 7,100 islands comprising the Philippines Islands. From the east coast of Luzon to
the eastern boundary of this huge rectangle in the Pacific Ocean, there is distance of over 300 miles.
From the west coast of Luzon to the western boundary of this giant rectangle in the China Sea, there is a
distance over 150 miles."
1935
1987
1973
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Before Japan and South Korea expressed their interest to legally explore the Philippine-owned
Benham Rise, leaked information has been reported Tuesday in China Daily regarding the country’s
secret under-sea exploration in the area. In 2011, the Philippines acquired Benham Rise, described as a
“massive” area east of Luzon.
The description comes from Carlos David, the new head of the Philippine Council for Industry,
Energy and Emerging Technology Research and Development (PCIEERD). “We have access to resources
in an area bigger than Luzon, but we actually don’t know what we have.”
“There are lots of oceanography, lots of fisheries and biodiversity,” he said, citing data from the
pioneering work conducted by scientists at the Marine Science Institute at the University of the
Philippines Diliman.
“Is there gold, cobalt, copper, sunken treasure? We don’t know,” he said, adding indications are
that valuable minerals are there.
“It’s potentially rich in precious and base metals like manganese, some gold and so on,
spreading from the center of the rise,” he said. “There is a very large area in mineral deposits.”
The report says China has discovered massive minerals under Benham Plateau. The volume of
natural gas was said to be in par with the deposit under the Spartly Islands. The report further said that
China may not be able to extract the gas because the territory belongs to foreign party.
“China must befriend first with the host country in order to gain control of the area” a translated
version of the news said.
Benham Rise is located in Pacific Ocean and very far from the territories claimed by China in
West Philippine Sea. Japan Authorities who first learned about the news are worried that China would
do everything to lure the Philippine government in giving-up the territory. As an immediate preventive
measure, Japan and South Korea immediately informed the Philippine authorities regarding their
interest to explore the area.
Carlos Primo David, executive director of the DOST’s Philippine Council on Industry, Energy and
Emerging Technologies Research and Development, said Benham Rise has attracted the interest of
experts from the Japan Agency for Marine-Earth Science and Technology (JAMSTEC) and Korea Institute
of Ocean Science and Technology (KIOST) to collaborate on conducting the survey.
Japan also advised the Philippines’ DOST not to buy an expensive remotely operated
underwater vehicle for resource mapping, but “just collaborate with us or rent our equipment.” The
DOST official Carlos David clarified that “combining a (resource) exploration with scientific research
might enable the Philippine government to get assistance from Japan and Korea for free,” David stated.
Japan, Korea, and Philippines aired concern about China’s secret under-sea exploration outside its
exclusive zone.
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The Blending of Powers is evident today, in the exercise of the President to create a law thru an
Executive Order. But take note the power of the President is primarily executive in nature, the power to
create laws and interpret laws/render a judgment in cases, is only secondarily.
Blending of powers can be summarized as follows:
Executive
 Symbol: Sword
 Major power: execution of laws
 Minor powers: creation of laws/rules; interpretation of laws/rules, rendering of a decision to a
case
Legislative
 Symbol: Purse
 Major power: creation of laws
 Minor powers: execution of laws; interpretation of laws/rules, rendering of a decision to a case
Judiciary
 Symbol: Pen
 Major power: interpretation of laws/rules, rendering of a decision to a case
 Minor powers: execution of laws; creation of laws/rules
An executive order versus a Republic Act or a law passed by Congress as to its applicability, the
former applies only in the executive branch, while the latter applies to the entire bureaucracy because
Congress (Senate and HOR) is the branch of the government that has the primary power to create laws.
A law/rule made or passed by the legislative or executive is a valid law/rule until declared by the
judiciary unconstitutional or invalid in a proper forum, due to presumption of regularity in the
performance of official function or duty.
A law/rule created by the Judiciary can be checked by either the executive or legislative thru the
principle of Check and Balance. Check and balance is a safeguard tool of the present constitution as to
any direct/indirect abuse of authority/discretion of any branch as to its power amounting to excess or
lack of jurisdiction.
Encroachment is the stepping of a branch of the government to a co-equal branch of the
government in the exercise of its primary power.
The Philippines is republican and democratic State. An attribute of such is the separation of
powers. Separation of powers is evident in a republic because it prevents the concentration of powers
to an individual or a group of individuals only.
Who declares encroachment? It is the judiciary. Judiciary can only entertain justiciable
questions, if it resolves a political question, then it also encroaches the power of the branch to which it
resolves an issue. Judiciary can only act on cases presented before it. Jurisdiction of the Courts happens
when a person files a suit in its door steps. The other party now becomes under the jurisdiction of the
Court if it answers the complaint filed/estoppel/arrested, whatever the case maybe.
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Justiciable questions are:

1. The person filing a case has the locus standi in the issue.
2. The issue is ripe for decision making.
3. There is a need to resolve the issue, involving that of transcendental importance to the public
interest.
4. The rendering of the decision is timely and shall not render such as moot and academic.
One, two to three attribute can already be considered as justiciable question which the courts
may consider to assume its jurisdiction.
Can the State be sued? The State cannot be sued without its consent. Common sense it is the
State composed of its elements: people, territory, government and sovereignty, much more an
individual filing a case against the State.
But you can file a case against the agent of the State which is the government. Government is a
juridical entity therefore u file a case against the natural person who is the agent of the Government.
But if the government office is
1. Performing primarily pecuniary/business operations and those of forms of public corporations only: or
2. The state gives its consent, by submitting jurisdiction to the forum of the case
3. The state enters into a business contract with an individual
You cannot sue a government office performing ministrant or governmental functions unless
there is an abuse of authority/discretion amounting to excess or lack of jurisdiction.
Samples of governmental functions- regulatory, taxation, social services, public safety, public
security, public order, public health, public works
Samples of business functions- income generation, irrigation of farms, power generation

Article 2 of the 1987 Constitution is the legal basis/constitutional basis of all new laws. Old laws
must coincide primarily with Article 2 or any part of the Constitution, then it will be declared
unconstitutional in a proper forum if it does not coincide to any of such.
A non self executing provision of the Constitution is not legally operational at its own instance. It
needs an enabling law for it to become legally operational if there was a violation of right or non-
performance of an obligation, which was the cause of action in filing a suit. A non self executing
provision becomes a self executing provision if there shall be an enabling law to make such provision
legally operational.
A self executing provision is a standalone provision. It could be immediately used as a legal basis
in your cause of action even without an enabling law as a general rule. The self executing provision now
becomes more legally binding if it has an enabling law, back up with jurisprudence.
A self executing provision (SE) in the Constitution is a standalone provision, meaning no need for
an enabling law to become legally operational, as a general rule, but your legal stand becomes more
firm if it shall be accompanied by an enabling law and jurisprudence.
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Opposite, is the non-self executing provision (NSE), which is a non-stand alone provision,
meaning you need an enabling law to become such, a legally operational provision. You cannot just
cite/use the provision of the Constitution in a Suit without an enabling law. NSE and the enabling law of
such are both always attached to each other.
You cannot convert a NSE to SE for this is both differently crafted in verba and in racio
Section 1. No person shall be deprived of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection of the laws.
- Two clauses: Due process clause and the equal protection clause
- Hierarchy and priority in due process: first life, second liberty, third property. A precedent cannot and
should not go over to such which comes after.
- Due process is notice and hearing
- There must be a suit to effect notice and hearing.
- Due process is a matter of law. Law defines and makes it operational, by logic we apply due process in
a legal stand point, which it is only a thing of reality in Courts or Quasi-Courts.
- Notice and Hearing, is self explanatory, you must be informed that there is a suit and you must be
given chance to defend your legal standing in a proper forum. If given a notice and chance to be heard,
but you ignored it, you shall be prevented to be notified and be heard subsequently, because you have
already waived your right to be notified and be heard (please look for the meaning of estoppel/laches)
- A violation of notice and hearing will always be given weight by a court/quasi-court … and even if a
decision was already rendered …such being without notice and hearing the entire caboodle of
proceedings shall be trashed and will be put into waste.
- Equal protection clause protects persons and things of the same equal footing. Those situated on the
same platform should be treated the same. In distinguishing and applying equal protection clause, there
should be: the same circumstances, same criminal/civil case, almost the same all aspects of the situation
and apply the same treatment or precedent jurisprudence.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable,
and no search warrant or warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or
things to be seized.
- Place of dwelling – a place of safety, a place of security, a place we call home. No person
(juridical/natural) can invade the sense of security
- An issuance of a warrant of arrest is different from issuance of a search warrant
- The judge must personally examine the evidence and testimony of a witness in order to determine a
probable cause to issue a search warrant or a warrant of arrest. Probable Cause is a belief of an ordinary
prudent man to think that there is really reason in filing a criminal case against another person
- An issuance of a warrant of arrest does not carry with it the authority to search a place where a person
should be arrested. The only authority to search is only to the person of the accused or within the plain
view of the arresting officer. Phishing of evidence is prohibited by law … it violates the due process
clause
- Airport searches it was a valid search because the security of the ports involves public safety
- Checkpoints are valid searches if done legally.
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- Buy Bust Operations is applicable only in anti-illegal drugs operations. Presence of the
Police/NBI/PDEA; a person from the Media and a representative from the Barangay. Absence of a Media
or Barangay Representative
- The purpose of a Search Warrant is to get evidence against those who perpetrates a crime. Example is
a person believe to be violating provisions of the Intellectual Property Code on Law on Trademarks, a
warehouse filled with counterfeit bags of Louis Viton, Gucci and other known brands have been raided
by operatives and those seized items shall form part of pieces of evidence to be presented in court for
proper prosecution of the case.
- Hot pursuit is effectuated in two scenarios:
1. The crime was just been committed. No need for a warrant of arrest
2. The crime is a continuing crime, meaning you can effect arrest without a warrant during the course of
committing a crime …ie. Kidnapping, carnapping, abduction, human trafficking, etc
- Alias warrant – A warrant of arrest has a validity period. If a person cannot be seized. The warrant of
arrest must be returned to the Judge and when the person again was spotted for being “at
large”/”wanted” then an alias warrant shall be issued.
- Arrest without a warrant:
1. Perpetrator is caught in the act committing a crime; about to commit and just committed a crime
2. A person who has escaped from a penal institution
3. Citizen’s/Citizens’ Arrest – person/persons effectuating an arrest against a perpetrator
- Crime of Passion – A man caught his wife and paramour having sex in their own bedroom. Husband
killed the paramour. Husband can be accused of having committed the crime of Murder but through
justifying circumstance of Crime of Passion he can be absolved of such. Husband will have no criminal
liability but has to pay civil damages. Wife can also be justified. The aggrieved spouse can no longer be
absolved of any…. if he had already hunted outside their house premises the paramour or the other
woman and inflicted any bodily harm to the latter. Hot pursuit is not applicable on this case.
- General Search Warrant – invalid form of Search Warrant … A search warrant should be specific as to
the crime, things and places to be seized, time of search; after effecting a search there should be an
inventory of the seized items
- Fruit of the Poisonous Tree – inadmissible evidence. A violation of Article 3 Section 2 and Section 3 (1)
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding
- Marital Disqualification Rule. Maria received a text from Pedro stating that he will kill Dario. Pedro
killed Dario. The text message of Pedro to Maria cannot be used an admission or an evidence in the
Murder case of the husband.
- Plain view doctrine. A warrant of arrest was issued against Pedro. In the course of the arrest, the
operatives search and found marijuana, money and gun in Pedro’s dwelling. The things found in the
course of the search cannot be used against Pedro. A different scenario when a set of drug
paraphernalia was found on top of Pedro’s table during the arrest, such can be used as an evidence, if
the reason for the arrest is related to possession of anti-illegal drugs
- Body Searches can be effectuated during arrest for the protection of the arresting officer
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Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for redress of
grievances.
- Calibrated Preemptive Response – policemen has to exert the maximum tolerance as to the
demonstrators so long as the latter does not make any damage to any person or property in the course
of the demonstration. Reason for this is that if demonstrators endanger lives and property the
government can restrain theirs acts to protect the general public welfare.
- Think before you Click – provisions against Cyber Libel is included and was declared constitutional by
the Supreme Court on the passage of the Anti-Cybercrime Act. Remember libel is always written and any
bad or harsh words uttered by a person to another is not libel but shall be oral defamation
- Hecklers Veto – government can restrain freedom of expression if it endangers public morals/safety,
evades public policy, does not promote general public welfare or even creates public catastrophe.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise
of civil or political rights.
- The right to believe cannot be restrained but the acts required by the religious beliefs of an individual
can be restrained if it shall endanger public morals/safety, evades public policy, does not promote
general public welfare or even creates public catastrophe.
Section 6. The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or public health, as may be provided
by law.
- The right to changed and place your dwelling cannot be restrained unless it shall endanger public
morals/safety, evades public policy, does not promote general public welfare or even creates public
catastrophe.
- The right to travel or right of mobility cannot be impaired unless provided by law. Hold Departure
Order – issued only by a Court if there was a suit filed against the person. Watch List Order – issued by
the Secretary of Justice if there are pending investigation/case to be filed. HDO you cannot leave the
country but a WLO you cannot be restrained from travelling or leaving the country
Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy development,
shall be afforded the citizen, subject to such limitations as may be provided by law.
- Relate to Freedom of Information Executive Order
Section 8. The right of the people, including those employed in the public and private sectors, to
form unions, associations, or societies for purposes not contrary to law shall not be abridged.
- Self-explanatory
- This right will be more discussed when we go to Labor
Section 9. Private property shall not be taken for public use without just compensation
- Expropriation – connect to power of eminent domain. The State owns everything, but if a land is
already awarded already by the State to an individual, the State should compensate the individual, of
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the maintenance and development of the property, but only to the zonal value/amount most favorable
to the State Coffers. Such property shall undergo expropriation if it shall be used for public hi-
ways/infrastructure/parks/public purpose/public building/airport/seaports/train stations.
Section 10. No law impairing the obligation of contracts shall be passed

- The State cannot interfere in contracts entered into by parties except the Marriage Contract and such
other Contracts which involves public and general welfare of the nation
- Before our laws shall be applicable … contracts are the law amongst parties impressed by public policy
if such were executed in accordance to existing laws and regulations.aw
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.
- No person shall be derived of such provision by reason of poverty. The State will always bring justice
and its services closest to the people it is duty bound to protect against those abusive in authority and
power.
Section 12. (1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be provided
with one. These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall
be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired even when
the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Section 14. (1) No person shall be held to answer for a criminal offense without due process of
law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the attendance of witnesses and the production of evidence
in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the
accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion, when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
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- Self explanatory. Justice delayed is justice denied.
Section 17. No person shall be compelled to be a witness against himself.

- Right against self-incrimination.
- If an accused accepts or enters a plead of guilty to the offense charged he must be assisted by a lawyer
of his choice or an independent lawyer who could assist/explain to him the legal consequences of his
admission. I he has no lawyer the Court or the State shall provide one
Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party
shall have been duly convicted.
- Yes you cannot be imprisoned due to your beliefs and aspirations but if you kill because of your
political beliefs and aspirations that is a different story.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall 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.
- right of an accused, I dont like you guys to become an accused ha
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
- You can be imprisoned by committing estafa or swindling
- Non-payment of poll tax is nonpayment of community tax or non obtaining of a cedula. Non-payment
of taxes is tax evasion a criminal offense
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.
- Class as mentioned to you in class the Family of Crimes or related crimes. There was a case of Jason
Ivler you can search his case. Ivler is the nephew of Freddie Aguilar, this person is a thrill seeker
individual, he wants car racing along ortigas extension road. In a road crash accident Ivler was first
charged of the crime reckless imprudence resulting in Serious Physical Injuries with penalty of
imprisonment of 1 month. After three days the victim died and now the Prosecutor files another case
Reckless Imprudence resulting in Homicide with a penalty of imprisonment 12 years and 1 day to 20
years. Now the decision for the first case was handed down and the relatives of the accused can no
longer file a different cases arising from a similar act, it shall tantamount to double jeopardy.
Section 22. No ex post facto law or bill of attainder shall be enacted.

- Define expost facto law and bill of ttainder …
In Equal Protection and Due Process
This means that the judicial or quasi-judicial bodies of the country must apply the law equally
and cannot give preference to one person or class of persons over another.
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When asked is there equal protection clause applied?

Consider:
- are the statures of both persons the same?
- are the crimes the same?
- are the circumstances of the crime the same?
Again a Person can either be a Juridical or Natural... a Juridical person acts thru his agent a
natural person
Since we are studying law ... the subject matter of due process is all about law ... therefore due
process starts only .... when there was a case filed in court/quasi-court and you are given chance to be
heard and defend yourself in Court of competent jurisdiction
ARTICLE 4 CITIZENSHIP
"Philippine citizenship is a gift that must be deserved to be retained. The Philippines, for allher
modest resources compared to those of other states, is a jealous and possessive mother demanding
total love and loyalty from her children.“ -Justice Isagani Cruz-
What is Citizenship?
• A term denoting membership in a political community with full civil and political privilege and this
membership imply, reciprocally, a duty of allegiance on the part of the member and duty of protection
on the part of the state.
• This legal relationship involves rights and obligations on the part of both the individual and the state
itself.
Citizen A person having the title of citizenship. He is a member of democratic community who
enjoys full civil and political rights and is accorded protection inside and outside the territory of the
State.
WHAT IS THE DISTINCTION BETWEENCITIZENSHIP AND NATIONALITY
1. Citizenship is membership in a democratic or political community, whereas nationality is membership
in any political community whether monarchial, autocratic or democratic;
2. Citizenship follows the exercise of civil and political rights whereas nationality does not necessarily
carry with it the exercise of political rights;
3. A person can be a citizen of one country and a national of another.
How is the term National distinguished from Nationality?
• National is defined as a person who owes allegiance to and is entitled to the protection of a given
state, regardless of the status under domestic law.
• Nationality is often times use synonymously with Citizenship. They are not exactly the same thing for
the first has a broader meaning that the second. All persons are nationals, but not all are citizens of a
state. Citizenship implies complete possession of civil and political rights in a body politics whereas the
nationality does not necessarily confer these rights.
WHAT IS A SUBJECT? Usually implies membership in a monarchial society. A subject does not
enjoy civil and political rights.
WHAT IS AN ALIEN? An alien is a citizen of a country who is residing in or passing through
another country. He is particularly called “foreigner”. He is not given the full rights of citizenship but is
entitled to receive protection as to his person and property.
WHAT ARE THE GENERAL WAYS OF ACQUIRING CITIZENSHIP?
1. Involuntary Method
2. Voluntary Method
INVOLUNTARY WAYS OF ACQUIRING CITIZENSHIP By birth
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• Through the change of sovereignty which result in the acquisition by each individual of the ceded or
acquired territory of the citizenship under the new sovereign in the absence of treaty stipulations to the
contrary.
• Through direct legislative grant.
VOLUNTARY WAYS OF ACQUIRING CITIZENSHIP
• Through marriage which result in the acquisition by the wife of the citizenship of the husband in case
of difference in citizenship of the parties, except where the wife is barred from acquiring the citizenship
of the husband by the law of the nation of the latter.
• Through the election which is the acquisition of citizenship after reaching the age of majority;
• Naturalization of the head of the family which result in the naturalization of the wife and the minor
children living with him
WHAT ARE THE TWO PRINCIPLESGOVERNING CITIZENSHIP BY BIRTH?
• Jus Sanguines. Citizenship by virtue of blood relationship. The children follow the citizenship of the
parents. This prevails in the Philippines.
• Jus soli. Citizenship by virtue of the place of birth. A person becomes a citizen of the state where he is
born irrespective of the citizenship of the parents. This principle prevails in the United States.
WHO ARE THE CITIZENS OF THEPHILIPPINES? Section 1 provides that the following are deemed
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 ARE THE DIFFERENT KINDS OFCITIZENS UNDER THE CONSTITUTION?
• Natural-born citizens
• Citizens at the time of the adoption of this Constitution
• Those who elect Philippine citizenship upon reaching the age of reason
• Those who are naturalized in accordance with law.
WHO ARE CONSIDERED AS NATURALBORN CITIZENS? Section 2 provides that 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 of Article 4 of the Philippine Constitution shall be deemed natural-born citizens.
WHAT IS NATURALIZATION?
• Naturalization is the legal act of adopting a foreigner into the political body of the state and clothing
him with the rights and privileges of a citizen. It implies the renunciation of a former nationality and the
fact of entrance to a similar relation towards a new body politic.
• A person may be naturalized either by complying with both the substantive and procedural
requirements of a general naturalization law or he may be naturalized by a special act of the legislature.
WHAT ARE THE QUALIFICATIONS FORNATURALIZATION? Under the Naturalization Law, and as
provided in Section 2, C.A. No. 573, as amended, the petitioner for naturalization is required to possess
the following qualifications:
1. The petitioner must not be less than 21 years old on the date of the hearing of the petition.
2. The petitioner must have resided in the Philippines for ten years, which should be continuous.
3. He must be of good moral character, and believes in the principles underlying the Philippine
Constitution, and must have conducted himself in a proper and irreproachable manner during the entire
period of his residence in the Philippines.
4. The petitioner must own real estate in the Philippines worth not less than P5,000 in the Philippine
currency, or must have some lucrative trade, profession, or lawful occupation.
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5. The petitioner must be able to speak and write English or Spanish and any one of the principal
Philippine languages
.6. The Petitioner must have enrolled his children of school age in any of the public schools recognized y
the government where the Philippine history, government, and civics are taught or prescribed as part of
the school curriculum during the entire period of the residence required of him, prior to the hearing of
his petition for naturalization as citizen.
The residence requirement of ten years is reduced to five years under any of the following
instances:
1. The petitioner has honorably held office under the Government of the Philippines or under that of
any political subdivisions.
2. If the application has established a new industry or introduced a useful invention in the Philippines
3. If the petitioner is married to female citizen of the Philippines.
4. If the applicant had been a teacher in a public or recognized private school not established for the
exclusive instruction of children of persons of a particular nationality or race in the Philippines for two
years.
Section 3. Philippine citizenship may be lost o rreacquired in the manner provided by law. HOW
FILIPINO CITIZENSHIP MAY BE LOST? Filipino citizen may lose his citizenship in any of the following ways:
1. Voluntary
A. By Naturalization in a foreign country
B. By express renunciation of citizenship (expatriation)
C. By subscribing to an oath of allegiance to support the constitution and law of foreign country
D. By rendering service to or accepting commission in the armed forces of a foreign country The
voluntary loss or renunciation of one’s nationality is called EXPATRIATION
2. Involuntary
A. By cancellation of his certificate of naturalization by the court
B. By having been declared by competent authority a deserter of the Philippine armed forces in times of
war.
WHAT ARE THE GROUNDS FOR REACQUIRING LOSTPHILIPPINE CITIZENSHIP?
1. By naturalization
2. By repatriation
3. By direct act of congress
RETENTION AND ACQUISITION OFCITIZENSHIP Under R.A. 9225 otherwise known as the
“Citizenship Retention and Re- acquisition Act of 2003” which was approved in August 29, 2003, natural
born citizens of the Philippines who have lost their Philippine Citizenship by reason of naturalization as
citizens of a foreign country are deemed to have reacquired Philippine citizenship upon taking an oath of
allegiance to the Philippine Republic
R.A. 9225 otherwise known as the “Citizenship Retention and Re-acquisition Act of 2003” “I
___________, solemnly swear (or affirm) that I will support and defend the Constitution of the Republic
of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of
the Philippines; and I hereby declare that I recognize and accept the supreme authority of the
Philippines and will maintain true faith and allegiance thereto; and that I impose this obligation upon
myself without mental reservation or purpose of evasion.”• The natural-born citizens of the Philippines
who, after the effectivity of the Act, become citizens of a foreign country shall retain their Philippine
citizenship upon taking the aforesaid oath.
R.A. 9225 otherwise known as the “Citizenship Retention and Re-acquisition Act of 2003”
DERIVATIVE CITIZENSHIP The unmarried child, whether legitimate, illegitimate or adopted, below 18
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years of age, of those who reacquire Philippine citizenship upon effectivity of the Act shall be deemed
citizens of the Philippines.
RETENTION AND ACQUISITION OF CITIZENSHIPCIVIL AND POLITICAL RIGHTS AND LIABILITIES
Those who shall retain or re-acquire Philippine citizenship under the Act shall enjoy full civil and political
rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines
and the following conditions:
1. Those intending to exercise their right of suffrage must meet the requirement under Section 1, Article
V of the Philippine Constitution, RA 9189 otherwise known as “ The Overseas Absentee Voting Act of
2003 and other existing laws.
2. Those seeking elective public office in the Philippines shall meet the qualification for holding such
public office as required by the Constitution and existing laws and, at the time of the filing of the
certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship
before any public officer authorized to administer oath;
3. Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic
of the Philippines and its duly constituted authorities prior to their assumption of office. They must
renounce their oath of allegiance to the foreign country where they took that oath;
4. Those intending to practice their profession in the Philippines shall apply with the proper authority for
a license or permit to engaged in such practice; and
5. The right to vote or be elected or appointed to any public office in the Philippines cannot be extended
to, those who: a. Are candidates for or are occupying any public office in the country of which they are
naturalized citizens; and/or b. Are in active service as commissioned or noncommissioned officers in the
armed forces of the country of which they are naturalized.
WHAT IS THE EFFECT OF MARRIAGE OFA CITIZEN TO AN ALIEN?
• Under Section 4, a Filipino citizen who marries an alien does not automatically lose his or her
citizenship, even if his or her nationality was granted by his or her husband’s or wife’s country.
• Only by their act or omission are they deemed under the law to have renounced their citizenship such
as taking an oath of allegiance to a foreign country.
• If a Filipino woman marries an alien and acquires her husband’s citizenship, she will possess two
citizenships, Philippine citizenship and that of her husband.
Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with
by law. WHAT IS AN ALLEGIANCE? Allegiance is loyalty owed by a person to his state. Section 5 prohibits
more particularly naturalized Filipinos from practicing what is called “dual allegiance” declaring it
inimical to national interests. Note that what Section 5 prohibits is not dual citizenship but dual
allegiance of citizens. Dual citizenship arises because our laws cannot control laws of other states on
citizenship but dual allegiance can be a matter of personal choice or decision.
WHAT ARE THE DUTIES AND OBLIGATION OF THE CITIZENS?
1. To be loyal to the republic. Loyalty implies faith and confidence in the republic and love and devotion
to the country.
2. To defend the State.
3. To contribute to the development and welfare of the state.
4. To uphold the constitution and obey the laws.
5. To cooperate with the duly constituted authorities
6. To exercise rights responsively with due regards to the rights of others.
7. To engage in gainful work
8. To register and vote
QUESTION: Fernado Poe Jr. (FPJ), presidential candidate in the 2004 national election, was born
before January 17, 1973 out of wedlock to American Bessie Kelley and allan Fernando Poe, Sr. a Filipino
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citizen. Atty. Victorino Fornier filed a petition to disqualify FPJ for not being a Filipino citizen. Fornier
argued that since FPJ is an illegitimate child, he must follow the citizenship of his American mother. Is
the status of the child born under the terms of the 1935 Constitution material in determining his
citizenship?
ANSWER: No. Under the 1935 constitution, those whose fathers are citizens of the Philippines
are Filipino citizens. The provision makes no distinction between legitimate and illegitimate children of
Filipino fathers.
EXERCISES
Determine the citizenship of the child with the following conditions:
1. The father and mother are Filipino citizens.
2. The father is a former American citizen and was naturalized as Filipino and the mother is American
citizen.
3. The father was born in the Philippines on December 25, 1970 whose father is a US navy and a Filipina
mother; failed to elect his citizenship.
4. The child was born in the Philippines whose parents are Germans.
5. The child was born inside the Philippine Airlines of American parents.
6. The parents are both Chinese and were naturalized as Filipino citizens and their child was born in the
Philippines.
7. The child was born in Los Angeles of a Filipina mother and American father.
8. Filipino couples migrated to US and acquire US citizenship and had children there.
ARTICLE V SUFFRAGE
SECTION 1. Suffrage may beexercised by all citizens of the Philippinesnot otherwise disqualified
by law, who areat least eighteen years of age, and whoshall have resided in the Philippines for atleast
one year and in the place wherethey propose to vote for at least sixmonths immediately preceding
theelection. No literacy, property, or othersubstantive requirement shall be imposedon the exercise of
suffrage.
MEANING OF SUFFRAGE It is a right and obligation to vote of qualified citizens in the election of
certain national and local officers of the government and in the decision of public questions submitted
to the people.
NATURE OF THE RIGHT OF SUFFRAGE
1. A MERE PRIVILEGE. Suffrage is not a natural right of the citizens by merely a privilege to be given or
withheld by the lawmaking power subject to constitutional limitations. Suffrage should be granted to
individuals only upon the fulfillment of certain minimum conditions deemed essential for the welfare of
society.
2. A POLITICAL RIGHT. In the sense of a right conferred by the Constitution, suffrage is classified as a
political right, enabling every citizen to participate in the process of government to assure that it derives
the powers from the consent of the governed.
QUALIFICATIONS OF VOTERS A person is qualified to vote if he is:
1. A citizen (male or female) of the Philippines
2. Not otherwise disqualified by law
3. At least 18 years of age; and
4. Have resided in the Philippines for at least one (1) year and in the place wherein he proposes to vote
for at least six (6) months preceding the election.
PERSONS DISQUALIFIED TO VOTE
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1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one
(1) year, such disability not having removed by plenary pardon or granted amnesty. But such person
shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence.
2. Any person who has been adjudged by final judgment by competent court or tribunal of having
committed any crime involving disloyalty to duly constituted government such as rebellion, sedition,
violation of the anti-subversion and fire-arms laws or any crime against national security unless restored
to his full civil and political rights in accordance with law. Such person shall likewise automatically regain
his right to vote upon expiration of five (5) years after service of sentence
3. Insane or incompetent persons as declared by competent authority.
SCOPE OF SUFFRAGE
1. Election It is the means by which the people choose their officials for definite and fixed periods and to
whom they entrust, for the time being as their representatives, the exercise the powers of government;
2. Plebiscite It is the name given to a vote of the people expressing their choice for or against a proposed
law or enactment submitted to them. The term also applied to an election at which any proposed
amendment to, or revision of, the Constitution is submitted to the people for their ratification. A
plebiscite is also required by the Constitution to secure the approval of the people directly affected
before certain proposed changes affecting local government units may be implemented.
3. REFERENDUM It is the submission of the law or part thereof passed by the national or local legislative
body to the voting citizens of a country for their ratification or rejection
4. INITIATIVE It is the process whereby the people directly propose and enact laws.
5. RECALL It is a method by which a public officer may be removed from office during his tenure or
before the expiration of his term by avote of the people after registration of a petition signed by a
required percentage of the qualified voters
EXERCISE ON SUFFRAGE At the age of 6, Juan de la Cruz, a Filipino, migrated to US with his
family and acquired citizenship there. Not so happy with his life in US, he returned after ten years to the
Philippines on June 12, 2009 and decided to reside in Makati while waiting for the approval of his
petition for the reacquisition of his Filipino citizenship. After six months of waiting, his petition was
finally granted by Makati RTC and restored his Filipino citizenship. Afterwards, on January 7, 2010 he
went back to his hometown Victoria, Laguna to permanently reside there and start anew. However, he
noticed that little things have changed since he left for US 10 years ago. Widespread poverty is still
evident on the life of the people of Victoria. On that year, the national election will be held on May 11,
2010 and he decided that he will register and vote on that election so that there will be a changed in the
socio-economic condition of his town.
1. Will he be allowed to register and vote by the COMELEC Officer of the Municipality of Victoria,
Laguna? Explain the reasons.
Article V Suffrage
Suffrage
• is the right and obligation to vote of qualified citizens in the election of certain national and local
officers of the government and in the decision of public questions submitted to the people.
• It is not all absolute needless to say that it is an enjoyment of all other rights.
Nature of suffrage
1. A mere privilege- suffrage is not a natural right of the citizens but merely a privilege
2. A political right- , enabling every citizen to participate in the process of government to assure that it
derives its powers from the consent of the governed (see Art. II sec.1)
3. Plebiscite- to a vote of the people expressing their choice for or against a propose law or enactment
submitted to them
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4. Referendum- the submission of a law or part thereof passed by the nation or local legislative body to
the voting citizens of a country for their ratification
5. Initiative- the process whereby the people directly propose and enact laws.
6. Recall- tenure method by which a public officer may be removed from officer may be removed from
office during his tenure of before the expiration of his term
Nature 1. Mere privilege - suffrage is not a natural right of the citizens but a privilege to be
given or withheld by the lawmaking power subject to constitutional limitations. - It is granted to
individuals only upon the fulfillment of certain minimum conditions deemed essential for the welfare of
the country.
• Political Right - it is classified as political right, enabling every citizen to participate in the
process of government to assure that its powers from the consent of the governed. The principle is that
of one man, one vote.
Qualifications of Voters:
1. A citizen of the Philippines both male and female
2. Not otherwise disqualified by law
3. At least 18 yrs. of age
4. Have resided in the Philippines for at least one year (1) and in the place wherein he proposes to vote
for at least 6 months preceding the election
Residence Qualification
1. A voter must have been a permanent resident of the Philippines for at least one (1 year) preceding
the election.
2. 6 months residence in a province, city or municipality is considered the minimum length of time
within which a person can adequately familiarize himself with the needs and conditions and the
personalities of the locality.
Q: What is an election? A: It is the selection of candidates to public office by popular vote. Q:
What are the types of Election?
1. Regular- refers to an election participated by those who possess the right of suffrage not disqualified
by law and who are registered voters.
2. Special- one held to fill in the vacancy in office before the expiration of the term for which incumbent
was elected.
• Referendum is the gerund of the Latin verb refero, and has the meaning "bringing back" • The
term plebiscite has a generally similar meaning in modern usage, and comes from the Latin plebiscita,
which originally meant a decree of the Concilium Plebis (Plebeian Council)
Scope of Suffrage
1. Election – means by which people choose their officials for definite and fixed periods and to whom
they entrust, for the time being as their representatives, the exercise of powers of government.
2. Plébiscite – the vote of the people expressing their choice for or against a proposed law or enactment
submitted to them.
3. Referendum – It is the submission of the law or part thereof passed by the national or local legislative
body to the voting citizens of a country for their ratification or approval.
4. Initiative – the process whereby the people directly propose and enact laws.
5. Recall – method by which a public officer may be removed from office during his tenure or before the
expiration of his term by a vote of the people after registration of a petition signed by a required
percentage of voters
Republic Act 8189 “Voters Registration Act of 1996”
• a citizen in order to be qualified to exercise his right to vote, in addition to the minimum requirements
set by fundamental charter is obliged by law to register.
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Case Analysis: Q: A while of legal age and of sound is illiterate. He has asked your advice on how
he can vote in the coming election for his brother is running for mayor. This will be the first time “A” will
vote and he has never registered as a voter before. What advice will you give him on the procedure he
needs to follow in order to be able to vote?
A: The Constitution provides that until Congress shall have provided otherwise, illiterate and
disabled voters shall be allowed to vote under existing laws and regulations Article 5 Sec. 2. It is
necessary for any qualified voter to register in order to vote. In the case of illiterate and disabled voters,
their voters affidavit may be prepared by any relative within the 4th civil degree of consanguinity or
affinity or any board of election inspectors who shall prepare the affidavit in accordance with the data
supplied by the applicant.
Q: What is absentee voting?
A: a processed by which qualified citizens of the State of the Philippines abroad exercise their
right to vote in pursuant to the constitutional mandate that Congress shall provide a system for
absentee voting for qualified Filipinos abroad (OFW)
Age qualification.
• There must be some minimum age for voting. No one, no matter how ardent his belief in democracy,
has ever contended that human being must be permitted to participate in the section of public officials
from the day of their birth. The suffrage qualification is based on the assumption that under a certain
age, human beings do not have the maturity, experience, education, and sense of judgment that will
enable them to vote with any reasonable degree of intelligence.
• No general agreement exists as to the exact age which the individual supposedly attains the maturity
sufficient for political participation. While there minimum voting age in every State, no country,
however, has as yet seen fit to set a minimum age limit.
Residence qualification.
• A voter must have been a permanent resident of the Philippines for at list one (1) year preceding the
election.
• Six (6) months residence in a province, city or municipality is considered the minimum length of time
within which a person can adequately familiarize himself with the needs and conditions and the
personalities of locality. Giving him a right to vote before period, it is contended, will return in
unpurposive and mechanical voting.
• The requirement as to residence is desirable in order that registration list may be prepared and check
in ample time to prevent fraud.
Persons disqualified to vote. The responsibilities of determining who may be “disqualified by
law” and, therefore, may be precluded for exercising the right suffrage, is left by the constitution to
congress. As to who are disqualified to vote, the law enumerates them as follow:
1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one
(1) year, such disability not having been removed by plenary pardon or grated amnesty. But such person
shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence;
21.
2. Any person who has been adjudged by final judgment by competent court or tribunal of having
committed any crime involving disloyalty to the duty constituted government such as rebellion, sedition,
violation of the anti-subversion and firearms laws, or any crime against national security, unless restored
to his full civil and political rights in accordance with laws. Such person shall likewise automatically
regain his right to vote upon expiration of five (5) years of sentence; and
3. Insane or incompetent persons as declares by competent authority. The above persons are not
qualified to vote even if they have the necessary qualification.
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Things to ponder, but not exclusively, shall be the questions in the Finals Exams:
Article 4.
Understand the difference between a natural-born and naturalized citizens.

 Natural- Born refer to those:
o Who at the moment of their birth are already citizens of the Philippines
o Do not have to perform any act to acquire his Philippines Citizenship. A child born of
Filipino parents after the ratification of the 1973 constitution on January 17, 1973, is a
natural born citizen.
o All citizens are natural born except those who are naturalized and who subsequently
reacquired their citizenship
 Naturalized Citizens- refer to those who were originally citizens of another country, but by an
intervening act, have acquired new citizenship in a different country
Elements of a natural-born citizen

 Citizens by birth
o Jus sanguinis – by blood
o Jus soli – by place of birth
 Citizens at the time of the adoption of the constitution
 Citizens by blood relationship
 Citizens through election under the 1935 constitution
What is the essence of understanding the importance of citizenship? connect this topic to
qualifications to run for a public office.
 Understanding Citizenship implies understanding the obligations that come along with it. A
citizen is a part of society and therefore has social responsibilities such as the following:
o To be loyal to the republic
 Faith and confidence in the republic and love and devotion to the country
o To love and defend the country
 Men may differ and do differ, but of love of country, national unity, and
patriotism are matters in which they are mutually and vitally interested
o To contribute to the development and welfare of the state
o To uphold the constitution and obey the laws
o To cooperate with duly constituted authorities
o To exercise rights responsibly and with due regard for the rights of others
o To engage in gainful work
o To register and vote
What is Citizenship?
When a person has citizenship of a particular country they have certain rights in that country.
Citizenship is about taking an active part in society. It is about how we live together in our
communities and about how we ‘get on' locally, nationally and globally. It is about ensuring that everyone has
the knowledge and skills to understand, engage with and challenge the main pillars of our democratic society -
politics, the economy and the law.
Citizenship is therefore about being a member of a community, and making a good contribution to
that community. We are all members of many different communities: our family; our school; our local area; our
village, town or city; our country; our world. It is important to understand and act in a responsible way in each
of these communities.
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Why is citizenship important?

The values of democracy, justice, equality and inclusion have been long fought for but are
easily neglected and abused. This is especially true when faith in politics is low and economic times
are tough.
The best way to guard these values is to develop well-informed, educated citizens with the
confidence and appetite to take part in society; to question injustice and to drive change.
The best way to guarantee a brighter future for all is to create a society in which we all
understand our rights and responsibilities and in which everyone is equipped, and ready, to play an
active part.
Developing citizenship means becoming a productive, responsible, caring and contributing
member of society.
Dual allegiance vs. Dual Citizenship

 Dual Allegiance- continued allegiance of naturalized nationals to their mother country even after
they have acquired Filipino citizenship
 Dual Citizenship- refers to the possession of two citizenships by an individual. That of his original
citizenship and that of the country where he became a naturalized citizen.
o In the case of public officers and employees, dual citizenship may be constitutionally
prohibited by law for as public servants, they are required to serve the people” with
utmost loyalty” and “act with patriotism” in the performance of their duties and
functions.
Article 5. Suffrage
Difference between electorate, general public and public-at-large

 Electorate – the body of persons entitled to vote in an election.
 General Public – You can refer to the people in a society as the general public, especially when
you are contrasting people in general with a small group.
 Public-at-large -
The essence of "sanctity of votes"

All those who use their right to vote in election also expect from their elected representative to
give honor and respect to their vote by leading from the front through good governance, high moral
grounds and through clean record particularly when they are in power.
They certainly don’t want that their vote to be disrespected by non-representative people or
power, ouster of their leaders through unconstitutional means, but, at the same time they also want
that if their representatives found guilty in corruption or criminal cases, they should be punished or
made accountable as they considered it as breach of trust and disrespect to their vote.
Absentee-voting law requisites and qualifications

Republic Act No. 9189 "The Overseas Absentee Voting Act of 2003.":
All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least
eighteen (18) years of age on the day of elections, may vote for president, vice-president, senators and
party-list representatives.
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Disqualifications. – The following shall be disqualified from voting under this Act:
1. Those who have lost their Filipino citizenship in accordance with Philippine laws;
2. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to
a foreign country;
3. Those who have committed and are convicted in a final judgment by a court or tribunal of an offense
punishable by imprisonment of not less than one (1) year, including those who have committed and
been found guilty of Disloyalty as defined under Article 137 of the Revised Penal Code, such disability
not having been removed by plenary pardon or amnesty; Provided, however, That any person
disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of
five (5) years after service of sentence; Provided, further, That the Commission may take cognizance of
final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to the
formalities and processes prescribed by the Rules of Court on execution of judgments;
4. An immigrant or a permanent resident who is recognized as such in the host country, unless he/she
executes, upon registration, an affidavit prepared for the purpose by the Commission declaring that
he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years
from approval of his/her registration under this Act. Such affidavit shall also state that he/she has not
applied for citizenship in another country. Failure to return shall be the cause for the removal of the
name of the immigrant or permanent resident from the National Registry of Absentee Voters and
his/her permanent disqualification to vote in absentia.
5. Any citizen of the Philippines abroad previously declared insane or incompetent by competent
authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or foreign
service establishments concerned, unless such competent authority subsequently certifies that such
person is no longer insane or incompetent.
Difference between elections, referendum and plebiscite.

 Elections – the means by which the people choose their officials foe definite and fixed periods
and to whom they entrust, for the time being as their representatives, the exercise of powers of
the government
 Referendum – the process by which any act or law or part thereof passed by congress or by a
local legislative body is submitted to the people for their approval or disapproval
 Plebiscite –
o Vote of the people expressing their choice for or against a proposed law or enactment
submitted to them. (Yes or No?)
o The term is applied to an election at which any proposed amendment to, or revision of,
the constitution is submitted to the people for their ratification.
o Required by the constitution to secure the approval of the people directly affected
before changes are implemented (Article X, Secs. 10,11,18)
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Articles 6, 7, and 8:
Qualifications of the electives posts

Position Minimum Residency Requirement Natural-
Age born
President or Vice President 40 resident of the Philippines for ✔
at least 10 years
Senator 35 resident of the Philippines for ✔
at least 2 years
District Representative 25 resident of legislative ✔
district for at least 1 year
Provincial Governor, Vice Governor, or 23 resident of province or district
Board Member for at least 1 year
Mayor, Vice Mayor, or Councilor of a highly- 23 resident of city for at least 1
urbanized city (HUC) year
Mayor or Vice Mayor of an independent 21 resident of city/municipality for
component city, component city, or at least 1 year
municipality
City/Municipal Councilor 18 resident of city/municipality for
at least 1 year
ARMM Governor or Vice Governor 35 resident of ARMM for at least 1
year
ARMM Regional Assemblyman 21 resident of his/her district for
at least 5 years
Qualifications of the appointive posts

How to make a law
Passage of a Bill:
1. First reading- Present a proposed bill, signed for the first reading and reference to the proper
committee. Bill is filed with the office of the secretary and assigned a number.
2. Referral to appropriate committee – Studied and considered by the proper committee whom
may conduct hearings and consultation meetings. It then approves, with or without
amendments, or disapproves the bill.
3. Second reading – If the committee approves, the bill is forwarded to the committee on rules and
scheduled for a second reading where it is read in its entirety together with the amendments if
any
4. Debates – general debate is then opened after the second reading and sponsorship speech of
the author of the bill. Amendments may be proposed by any member of congress. Scheduled for
third reading.
5. Printing and distribution – approval on the second reading, the bill is then ordered printed in its
final form and copies are distributed to members of the house
6. Third reading – only the title of the bill is read: Nominal voting is held. No amendment is
allowed.
7. Referral to the other house – If approved, the bill is then referred to the other house, another
voting takes place. If the other house approved the bill without changes or amendments, the
final version is signed by the senate president and the speaker of the House of Representatives.
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8. Submission to joint bicameral committee – Difference between the house’s bill and the senate’s
amended version are submitted to a conference committee of both houses for compromise or
to reconcile conflicting provisions.
9. Submission to the president – a bill approved on third reading by both houses are printed and
sent to the president. He either signs it into law or vetoes and sends it back with a veto
message. If the president does not communicate his veto within 30 days it shall become a law as
if he signed it.
What are the "veto" powers of the President?

 Veto meaning “I forbid” or “deny” is a power vested in the president to disapprove acts passed
by congress.
 Partial Veto – allows the president to veto any particular item or items in an appropriation,
revenue, or tariff bill
What is the essence of the Judicial and Bar Council?

 A council that conducts the requisite background check or applicant positions in the judiciary. It
helps ensure quality appointments to the judiciary
What is the essence of Bicameral Conference Committee?

 They are formed to settle differences between House and Senate versions of the same bill.
What is the Commission on Appointments?

 The CA is a constitutional body under the 1987 Constitution.It is an independent body separate
and distinct from the Legislature,although its membership is confined to members of Congress.
 The CA does not curtail the Presidents appointing authority but serves as a check against its
abuse. It assures that the President has exercised the power to appoint wisely, by appointing
only those who are fit and qualified.
What is the Hierarchy of Courts?

Article 9:
Qualifications of the members of the Constitutional Commissions
General functions of COA, COMELEC and CSC?
Article 10.
Qualifications of elective officials in each LGU
Qualifications of appointive officials in each LGU
What is local autonomy?
Article 11.
The Office of the Ombudsman Organic Law
The Sandiganbayan as Anti-Graft Court
Article 12.
What is the "Filipino First" Policy?
What are industries/businesses exclusive for Filipinos only?
What are corporations covered by the 60/40 rule?
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Article 13.
Explain the "construction in favor of the labor" in Labor Laws
Can your right to form a union be impaired inside a business organization
Can you be charged of rebellion if you became a member of any of the leftist groups fighting against the
government?
Article 14.
What is the essence of academic freedom?
Article 15.
What is "sanctity of family as basic social institution"?
What is social justice?
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POSC 1013

POLITICS AND GOVERNANCE WITH PHILIPPINE CONSTITUTION

Law and Order

Law and Logic

Politics and Administration Dichotomy

Check and Balance

Laws (Administrative order,

Suit vs. Class Suit

Legal Personality vs. Legal age vs. Legal capacity

State Elements: People, Territory, Government and Sovereignty

Principal- Agent Relationship

PHILIPPINE CONSTITUTION ARTICLE 1

What comprises the National Territory?

The Philippine Archipelago with all the islands embraced therein

2 Elements of Archipelagic Principle

Components of National Territory:

Blending of powers can be summarized as follows:

Justiciable questions are:

Samples of business functions- income generation, irrigation of farms, power generation

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

- Self explanatory. Justice delayed is justice denied.

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

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

When asked is there equal protection clause applied?

Understand the difference between a natural-born and naturalized citizens.

Elements of a natural-born citizen

Why is citizenship important?

Dual allegiance vs. Dual Citizenship

Difference between electorate, general public and public-at-large

The essence of "sanctity of votes"

Absentee-voting law requisites and qualifications

Difference between elections, referendum and plebiscite.

Qualifications of the electives posts

Qualifications of the appointive posts

What are the "veto" powers of the President?

What is the essence of the Judicial and Bar Council?

What is the essence of Bicameral Conference Committee?

What is the Commission on Appointments?

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