PHILIPPINE GOVERNMENT AND CONSTITUTIONCourse Guide

A: Course Overview: This course presents basic concepts, principles, processes, rights and institutions necessary for the understanding of the framework of the Philippine Government and the fundamental charter from which it is founded (the Constitution).

B: Course Goals: At the end of the semester, you are expected to: 1. acquire basic knowledge regarding the concepts and principles behind Philippine Government and Constitution; 2. to apply this basic knowledge for you to critically analyze and formulate intelligent opinions on certain political issues besetting the Philippine government; and 3. to better exercise your rights and discharge your corresponding obligations to others as responsible members of a democratic society.

C: Materials: In taking this subject, you are required to secure a copy of this course guide as well as all of the modules containing the topics to be covered and study guides, if any. You must also refer to any of the updated editions of textbooks on the subject and to the 1987 Philippine Constitution. Newspaper broadsheets and journals will also be used in relating concepts being studied to contemporary political issues.

D. Topics and Subject Matter:

PRELIM

I. Politics, Power and Authority

1. Concepts of Politicsa. Neutral Conceptb. Evaluative Concept c. Pejorative Concept

2. Power: The Tool of Politicsa. Views on Power

a.1. Conservative Viewa.2. Liberal Viewa.3. Radical View

b. The Bases of Authority (Legitimate Power) by Max Weberb.1 Traditional Authorityb.2 Charismatic Authorityb.3 Legal-Rational Authority

II. The Concept of the State, Government and Constitution

1. The Statea. Definitionb. Physical and Political Element

2. The Governmenta. General and Specific Functions of the Governmentb. The Inherent Powers of the Government

• Power of Eminent Domain• Police Power• Power of Taxation

c. Classification and Forms of Governmentc.1 According to Seat of Power

• Monarchy• Oligarchy or Aristocracy• Democracy• Dictatorial Government• Military Government

c.2. According to Legitimacy• De Facto (Government of Force)• De Jure (Government of Law)

c.3 According to the relationship between the three branches of government• Presidential • Parliamentary

c.4 According to the extent of power of the national government• Unitary• Federal

3. The Constitution

a. Nature and Purpose of the Constitutionb. Classification and Forms

b.1 According to Origin• Conventional or Enacted• Cumulative or Evolved

b.2 According to Form• Written• Unwritten

b.3 According to difficulty of amendment or revision• Rigid or Inelastic• Flexible or Elastic

c. Methods of Constitutional Amendments or Revisions• Constitutional Convention• Constituent Assembly• Initiative

MIDTERM

III. The Preamble and the Philippine National Territory (Art. I)

1. Meaning and Objective of a Preamble

2. National purposes and aims in adopting the Philippine Constitution as set forth in the preamble

3. The importance of defining the national territory

4. Scope of the Philippine national territory

5. The Archipelagic Principle of Territoriality

6. Philippine Territorial Claims

IV. The National Principles of the Philippine Republic (Art. II)

1. The Philippines being a democratic and republican state. (Sec. 1)a. Manifestations of a Republican State.

• Human rights• Rule of the majority and the right of minority• Government of laws and not of men• Elections through popular will• Separation of powers and check and balances• Non-passage of irrepealable laws• Existence of the law on public officers• Non-suability of the State

b. Means through which Filipinos exercise sovereignty• Directly through suffrage• Indirectly through public officials

2. Principles governing foreign policy. (Sec. 2)a. Renunciation of [aggressive] war as an instrument of national policy.b. Adoption of international law as part of the law of the landc. Adherence to the policy of peace, equality, justice, freedom, cooperation and amity with all nations

3. The supremacy of civilian authority over military authority (Sec. 3)• Manifestations of civilian supremacy

4. To serve and protect the people as the prime duty of the government (Sec. 4)

5. Peace and order; protection of life, liberty and property and promotion of general welfare as essential factors for the enjoyment of the blessings of democracy. (Sec.5)

6. The inviolability of the separation of Church and State. (Sec. 6)• Manifestations of the separation of Church and State.

V. Human Rights

1. Definition of Right

2. Classes of Rightsa. Natural Rightsb. Constitutional Rights

• Political Rights• Civil Rights• Rights of the Accused

c. Statutory Rights

3. The Term “Person” in Legal Contexta. Civil Personality

• Natural Person• Juridical Person

b. Political Personality (Citizenship)

4. Classes of Constitutional Rightsa. Civil Rights

• Social and Political Rights• Rights of the Accused

b. Political Rights

5. Social and Economic Rightsa. Right to life, liberty and property (Art. III, Sec.1)

• Meaning of deprivation of life, liberty and property

b. Right to due process of law (Sec.1)• Meaning of due process of law• Aspects of due process of law (procedural and substantive due process)

c. Right to equal protection of the laws (Art. III, Sec. 1)

d. Right against unreasonable searches and seizures (Art. III, Sec. 2)• Meaning of Search Warrant and Warrant of Arrest• Requirements for the issuance of a warrant• Instances when searches and seizures can be done without a warrant.• The Plain View Doctrine

e. Right to privacy of communication and correspondence (Art. III, Sec. 3)

DEPARTMENTAL

f. Freedom of Expression (Art. III, Sec. 4)• Speech • Press• Assembly• Petition• Association (Art. III, Sec. 8)• Religious freedom (Art. III, Sec. 5)• Tests of Reasonable Restrictions on the Freedom of Expression (Obscenity Test,Clear and Present Danger Test and Dangerous Tendency Test)

g. Liberty of Abode and the Right to Travel (Art. III, Sec. 6)

h. Right to just compensation for private property taken for public use. (Sec. 9)

i. Right to education (Art. XIV, Sec. 1 and 2)

j. Right to labor (Art. XIII, Sec. 3)

k. Right to health (Art. II, Sec. 18 / Art XIII, Sec. 11-12)

6. Rights of the Accused (Art. III, Sec. 11 - 21)

VI. Citizenship (Article IV)

1. Meaning and Implications of Citizenship

2. Methods of Acquiring Citizenshipa. Involuntary Method

• Jus sanguinis Principle

• Jus soli/loci Principleb. Voluntary Method (Naturalization)

3. Kinds of Citizena. Natural-Bornb. Naturalized

VII. Suffrage (Article V)

1. Meaning of Suffrage

2. Forms of Suffragea. Electionb. Recallc. Plebiscited. Referendume. Initiative

3. Qualifications of Filipino Voters

FINAL

VIII. The Three Branches of the Philippine Government

A. Legislative Department (Article VI)

1. The Philippine Congressa. Composition

• The House of Senate• The House of Representatives

b. Powers of Congress• General Legislative Powers• Specific Powers• Implied Powers

c. Sessions of Congress• Regular• Special• Executive• Closed

2. Meaning of a Bill, Statute and Resolution

3. Steps in the Passage of a Bill

B. The Philippine Executive Branch (Article VII)1. Meaning of Executive Power

2. Qualifications, Term of Office and Maximum Terms of the President and the Vice-President

3. Powers of the President

4. The Cabinet and Government Executive Agencies

C. The Philippine Judicial Branch (Article VIII)1. Meaning and Scope of Judicial Power

2. Organization and Jurisdiction of Philippine Courts

3. Powers of the Supreme Court

4. Qualifications for the members of the Supreme Court

IX. Constitutional Commissions (Art. IX)

Civil Service Commission

Commission on Audit

Office of the Ombudsman (Art. XI, Secs. 5-14)

Commission on Human Rights (Art. XIII, Secs. 17-19)

Electoral Tribunals

Commission on Appointments in Congress (Art. VI, Sec. 17-19)

X. Accountability of Public Officers (Art. XI)

The Nature of Public Office (Sec. 1)

Grounds for Disciplinary Action in the Civil Service

Impeachmenta. Meaning , Nature and Purpose of Impeachmentb. Impeachable Officialsc. Grounds, Procedures and Penalty for Impeachment Cases

Removal of Other Officials

Members of Congress (Art. VI, Sec. 16[3])

Lower court judges (Art. IX, Sec. 11)

CSC Officers and Employees (Art. IX, B-Sec. 2[3])

Cabinet Members

Sandiganbayan: Anti-Graft Court

Office of the Ombudsman (Tanodbayan)

E. Course Requirements: To pass the course, you must attend classes regularly and obtain a passing average of the marks of the four (4) periods (Prelim, Midterm, Departmental, and Final). Other requirements include written compositions, case studies/analysis and participation in a graded recitation to be conducted towards the end of every grading period.

F. References: All the topics of the lecture were posted at www.philgovernment.blogspot.com.

You are free to consult any reading materials, especially those which are readily available at the school library, which may be related to the lesson being taken up. The following are the suggested title of the reference textbooks:

1. Textbook on the 1987 Philippine Constitution by Hector S. De Leon2. The Constitution of the Philippines: Notes and Comments by Emmanuel T. Santos3. Discourses on the 1987 Philippine Constitution3. Fundamentals of Political Science (Ayson)4. Principles of Political Science (Aruego)

G. Grading System:

Final grade shall be determined by AVERAGING the marks of the four (4) periods (Prelim Grade + Midterm Grade + Departmental Grade + Final Grade ÷ 4). Grades for each period shall be determined as follows:

Quizzes - 15%Major Exams - 40%Assignments - 10%Projects - 20%Oral Participation/Attendance/Behavior - 15%

H. Contact Information and Consultation Hours: For class-related concerns, I prefer to be contacted at my email address atty.loy@gmail.com. In case of matters that need my immediate personal intervention, you may see me at my office at Compendio Law Office, Brgy. 5, Nasipit, Agusan del Norte or you may call me at 343-2192 during office hours.