PPG QUARTER 2

LECTURE SERIES
Mr. Michael John M. De Castro, LPT, CLSSGB
License No. 1328136
◦The EDSA People Power Revolution in
February 1986 toppled a 20-year
dictatorship and restored democracy in the
Philippines.
◦Freedoms that were then curtailed under the
Marcos dictatorship were restored.
◦The 1986 revolution also ushered in a new
constitution that revoked the authoritarian
powers of the government and oriented the
republic towards democracy.
◦This new Constitution, promulgated in 1897,
still serves as the official basis of
government to the present day.
 The Philippine Constitutions
throughout the History
Constitution Significance to the Philippine Politics

1897 (Biak na Bato)

1898 (Malolos)

1935 (Commonwealth)

1943

1973
 The Philippine Constitutions
throughout the History
Constitution Significance to the Philippine Politics

1897 (Biak na Bato) It was created during the latter part of the
revolutionary movement, with the ultimate
aim of complete independence from
Spanish colonizers.
 The Philippine Constitutions
throughout the History
Constitution Significance to the Philippine Politics

1898 (Malolos) It was promulgated to assert the

independence of the First Philippine
Republic as proclaimed by Emilio
Aguinaldo.
 The Philippine Constitutions
throughout the History
Constitution Significance to the Philippine Politics

1935 (Commonwealth) With this constitution, the country was

promised (by Americans) a transition from
a colony to a sovereign republic.
 The Philippine Constitutions
throughout the History
Constitution Significance to the Philippine Politics

1943 It was created after the Japanese invasion

and establish the Second Republic.
 The Philippine Constitutions
throughout the History
Constitution Significance to the Philippine Politics

1973 Under the rule of Ferdinand E. Marcos.

Facilitated an authoritarian dictatorship.

◦ https://www.officialgazette.gov.ph/1986/03/25/proclamation-no-
3-s-1986-2
/
 MEANING OF
CONSTITUTION
A constitution is a set of rules, principles,
and customs that establish the limit,
distribute the fundamental powers of
government and define its relations with
citizens
What are the three basic functions of a
constitution?
Functions of Constitution
◦First, the collection of fundamental laws of
the state
◦Second, it sets and limits the powers of the
government and its agencies
◦Third, defines the relationship between the
government and the citizens
Roles of the Constitution
◦An Expression of national ideals and unity
◦A Symbol of Government’s Legitimacy
◦An Outline of Government Structure
◦An Instrument of Political Stability
Explain the roles of the constitution.
Nature of Constitution
◦Binding on all citizens and all agencies or
organs of the government
◦The law, which all other laws, must conform
◦The test of legality of all government action
Kinds of Constitution
◦According to Form
a. Written (Constitution Convention or
Constitutional Commission)
b. Unwritten
Kinds of Constitution
◦According to Origin
a. Conventional/Enacted
b. Cumulative/Evolved
Kinds of Constitution
◦According to the Manner of Amending
a. Rigid/Inelastic
b. Flexible/Elastic
What do you think are the merits
and demerits of a written and
unwritten constitution?
Written Constitution is:
◦ clear and definite because its provisions are
deliberately written in detail.
◦ stable because the provisions are known to people.
◦ able to provide security in protecting the rights
and liberty of the people because they are reduced
in writing.
On the other hand,
Written Constitution is:
◦ conservative which tends to direct people and
government actions according to the written rules.
◦ rigid and difficult to amend. It cannot readily
adapt to needed changes.
◦ subject to varying interpretation from lawyers and
the court.
Unwritten Constitution is:
◦ adaptable since it is not tied to a written form and
therefore can be made to respond according to
given situations.
◦ dynamic and geared in a continuous state of
change according to popular will.
◦ resilient because it can recover from unexpected
political circumstances and change.
On the other hand,
Unwritten Constitution is:
◦ veered towards instability because its provisions
are always subject to change according to
emotions and spur of political developments.
◦ tending to cause confusion in the interpretation of
some provisions rooted in customs and usages
since it is not a product of a deliberate and formal
legal process.
 What do you think are the
requisites of a GOOD WRITTEN
CONSTITUTION?
Good Written Constitution …
As to form, it should be:
◦Brief
◦Broad
◦Definite
Good Written Constitution …
As to contents, it should contain at least the
following three provisions on:
◦Constitution of government
◦Constitution of Liberty
◦Constitution of sovereignty
AN INTRODUCTION
TO THE
1987 CONSTUTION
OF GOVERNMENT
How many articles do we have in
the 1987 Constitution?
 ◦ Article 10 – Local Government
1987 Constitution ◦ Article 11 – Accountability of Public
◦ Article 1 – National Territory Officers
◦ Article 12 – National Economy and
◦ Article 2 – Declaration of Principles
Patrimony
and State Policies
◦ Article 13 – Social Justice and Human
◦ Article 3 – Bill of Rights
Rights
◦ Article 4 – Citizenship
◦ Article 14 – Education, Science and
◦ Article 5 – Suffrage Technology, Arts, Culture and Sports
◦ Article 6 – Legislative Department ◦ Article 15 – The Family
◦ Article 7 – Executive Department ◦ Article 16 – General Provisions
◦ Article 8 – Judicial Department ◦ Article 17 – Amendments or Revisions
◦ Article 9 – Constitutional ◦ Article 18 – Transitory Provisions
Commissions
1987 Constitution
◦Two important aspects of nationhood and
governance
- National Territory
- Citizenship
What do we mean by
National Territory?
1987 Constitution (Article 1)
◦National Territory
- Defines the geographical limits of
sovereignty over the Philippine state.
Is National Territory measured
numerically?
Delineation of the National Territory
◦Section 1 of Article 1 provides what
comprises our national territory.
◦These are:
1. The Philippine archipelago will all the
islands and waters
Delineation of the National Territory
◦Section 1 of Article 1 provides what
comprises our national territory.
◦These are:
1. The Philippine archipelago with all the
islands and waters
Delineation of the National Territory
◦Section 1 of Article 1 provides what
comprises our national territory.
◦These are:
2. All other territories over which the
Philippines has sovereignty or jurisdiction
Delineation of the National Territory
◦Section 1 of Article 1 provides what
comprises our national territory.
◦These are:
3. The terrestrial, fluvial, and aerial domains
Delineation of the National Territory
◦Section 1 of Article 1 provides what
comprises our national territory.
◦These are:
4. The inland waters
Do you recognize yourself as a Filipino
citizen? In what way?
1987 Constitution (Article 4)
◦Citizenship
-Refers to the status of any person under the
jurisdiction of a state.
What do you think are the two ways of
acquiring citizenship?
Modes of Acquiring Citizenship
By birth
-Jus sanguinis
-Jus soli
By naturalization
-By special act of Congress
-By judgment of the court
What to we mean by Natural-born
Filipino? Naturalized Filipino?
Kinds of Citizens under the 1987
Constitution
Natural-born citizen
Naturalized citizen
How Republican democracy is being
practice in the Philippines?
The Roles of Filipinos in state affairs
Aspects of Phil. Democracy in the 1987
Constitution
◦First, the vital role of the Filipino citizens in
state affairs
Give examples of state affairs wherein
Filipinos shall be involved nor
participated.
 As a citizen of Philippine state, why it
is important to engage in state affairs?
Sovereignty over the state rests in the
Filipino people.
- Article 2
civilian authority is supreme over the
military
Sovereignty of the People
◦In Article 5 (Suffrage)
◦In Article 6 (Representation of public
officials, in legislative department)
◦In Article 9 (Accountability of public
officials)
Explain the accountabilities of a public
official.
Aspects of Phil. Democracy in the 1987
Constitution
◦Second, the duty of the government to
uphold the general welfare of the Filipino
people at all times.
What do we mean by general welfare?
What are the basic duties of the
government?
Basic Duties of Government
◦ Insure domestic peace and order
◦ Establish the defense of the state and preservation of
independence
◦ Promote physical, social and economic well being of the people
◦ Promotion of general welfare, public safety, and public morality
◦ Secure economic development
General Welfare of the People
◦In Article 3 (civil liberties/rights entitled to a
Filipino)
What are the rights of entitled to a
Filipino?
Rights of the People
◦Right to due process
◦Freedom of speech and expression
◦Access to public information
◦Etc.
General Welfare of the People
◦In Article 13, 14, and 15 (echo the
importance of upholding Filipino welfare as
they state provisions on significant social
matters
What are the examples of social
matters in the Phils.?
Social Matters
◦Labor
◦Health
◦Equal opportunities for women
◦Development of Filipino families
◦Access to quality education at all levels
◦Etc.
One significant feature of the 1987
Constitution
◦Safeguard set in place to prevent the return
of a dictatorship in the country
◦Martial Law
Martial Law: Good or Bad?
Martial Law
◦May declare in times of rebellion or foreign
invasion
◦Declaration is subject to the review and
approval of Congress and may challenged in
the courts
What happens during Martial Law?
Martial Law
◦Bill of Rights (Article 2) is not suspended
◦Functions of other branches of government
will be suspended
◦Writ of Habeas Corpus shall not be
suspended during Martial Law
Writ of Habeas Corpus is the right of
the accused against illegal arrest or
detention.
 But, Writ of Habeas Corpus, can be
suspended in certain occasions such as
rebellion or invasion of the state, where
public safety might be threatened.
BRANCHES OF
GOVERNMENT
 Why separation of powers is very
important in the Philippine political
system?
Executive Branch
◦President
-Elected nationally
-Served with six-year term w/o reelection
-Appointing cabinet members and department
heads
-Commander-in-chief of AFP
Executive Branch
◦Vice President
-Elected nationally
-Served with six-year term w/o reelection
-Directly replaces the President in case of death,
permanent disability, removal from office, or
resignation
-May be given separate position in the Cabinet
 EXECUTIVE BRANCH

President Vice President

Legislative Branch: Congress
◦Creation of laws to be enacted and followed
throughout the state
◦Bicameral in nature
◦Senate: upper house
◦House of Representatives: lower house
Legislative Branch: Congress
◦Senate: 24 senators elected nationally
-Served with six-year term
-Reelected up to second term of office
Legislative Branch: Congress
◦House of Representatives: 250 member
-Majority: District representatives (234)
-Others: Party-list representatives (from
different sectors)
-Served with three-year term
-Reelected up to third term of office
Judicial Branch
◦Acts as the ultimate arbiter for questions of
political, legal, or constitutional nature,
which cannot be resolved by the executive
and legislative branches of government
◦Made up of Supreme Court and other lower
courts in the country
Judicial Branch
◦Supreme Court: Chief Justice and 14 Associate Justices
◦Not elected, instead appointed by the President based on the
recommended list of nominees presented by the Judicial and Bar
Council
◦Expected to have practice law or served as judges in a lower
court for at least 15 years
◦Retiring age: 70
◦End of term: due to retirement or removal from office through
impeachment
SEPARATION OF
POWERS
Separation of Powers
◦Refers to the principle that divides government
powers into three distinct, separate branches of
government
◦Intended to prevent one branch of government
from gaining too much power and ensure that its
actions do not go beyond the scope defined by the
constitution
Checks and Balances
◦Is related principle which states that the
branches of government are able to impose
limits on each other’s power and ensure that
one branch acts with the knowledge and
consent of the other branches
How the EXECUTIVE BRANCH
checks and balances the
LEGISLATIVE and JUDICIARY?
EXECUTIVE BRANCH checks and
balances the LEGISLATIVE BRANCH
◦Approves legislation by signing a bill to law
◦Exercises veto power over a bill or parts of a
bill
EXECUTIVE BRANCH checks and
balances the JUDICIAL BRANCH
◦Reviews the credentials of nominees and
appoints the Justices of the Supreme Court
◦Grants pardons and amnesties
What is the difference between
PARDON and AMNESTY?
 PARDON AMNESTY
◦Termed as pity and forgiveness ◦Absolution and forgetfulness of
an offense
◦Given only to individuals
◦Given to a group of individuals
◦Given to persons who have been
convicted ◦Given to persons who have not
faced trial and been convicted
◦The criminal record of an
individual is not wiped out as a ◦Has been mainly used as a
court has already convicted that political means to address certain
person issues of national importance
 How the LEGISLATIVE BRANCH
checks and balances the EXECUTIVE
and JUDICIARY?
LEGISLATIVE BRANCH checks and
balances the EXECUTIVE BRANCH
◦Reverses the President’s veto
◦Grants consent or authorization to the President regarding specific
matters
◦Reviews and approves Presidential appointments to the Cabinet,
Constitutional Commissions, government offices, and other bodies
◦May invalidate the declaration of martial law
◦Canvasses votes as National Board of Canvassers
◦Initiates and conducts impeachment proceedings against the President
and Vice President
LEGISLATIVE BRANCH checks and
balances the JUDICIAL BRANCH
◦Determines court jurisdictions
◦Sets the qualifications of members of the
lower courts
◦Initiates and conducts impeachment
proceedings against the members of the
Supreme Court
How the JUDICIAL BRANCH checks
and balances the EXECUTIVE and
LEGISLATIVE?
JUDICIAL BRANCH checks and
balances the EXECUTIVE BRANCH
◦Decides on the constitutionality of executive
orders, proclamations, executive actions
JUDICIAL BRANCH checks and
balances the LEGISLATIVE BRANCH
◦Decides on the constitutionality of laws
passed
◦Constitutes part of the Electoral Tribunals
that decide on electoral protests
CONSTUTIONAL
COMMISSIONS
 What are the Constitutional
Commissions created under 1987
Constitution?
CONSTITUTIONAL COMMISSIONS
◦Civil Service Commission (CSC)
◦Commission on Elections (COMELEC)
◦Commission on Audit (COA)

Article 9
 What is the important role of the
following Constitutional Commissions
created under 1987 Constitution?
CONSTITUTIONAL COMMISSIONS
◦Ensuring a system of checks and balances in
the government because they take charge of
vital functions and processes such as hiring
government personnel, administering
elections, and reviewing the use of public
funds
INDEPENDENT CONSTITUTIONAL
COMMISSION
◦Commission on Human Rights (CHR)

Article 13
What is the important role of the
Commission on Human Rights?
CIVIL SERVICE COMMISSION
(CSC)
◦The central personnel agency of the government and
tasked with hiring the employees of the various
government offices
◦Defines the responsibilities of government employees
and ensures their accountability
◦Headed by a Chairman and two Commissioners,
who are appointed by the President
Are you familiar with the Civil Service
Examination (CSE)?
CIVIL SERVICE EXAMINATION
(CSE)
◦Test taken by those who wish to work for the
government
COMMISSION ON ELECTIONS
(COMELEC)
◦In-charge of facilitating and supervising the conduct of
elections in the country
◦Makes sure that elections in the country are held in a free,
orderly, honest, peaceful, and credible manner
◦Also administers plebiscites, initiatives, referenda, and recall
elections
◦Headed by a Chairman and six Commissioners who are
appointed by the President
 Do you what is?
Plebiscites… initiatives … referendum
… referenda
◦Referendum
- Similar to an election but instead of electing
officials, citizens vote for or against a
proposal or law
◦Plebiscite
- Refers to the process by which citizens
approve of proposed changes to the
constitution
◦Initiative
- Process by which citizens directly propose
laws or amendments to the constitution
Have you experienced to vote on
National Elections/SK Elections?
Tell the process.
COMMISSION ON AUDIT (COA)
◦Responsible for reviewing and settling accounts on the revenue and
expenditures of the offices and agencies of the government
◦Has the power to disallow irregular, unnecessary, excessive,
extravagant or unconscionable expenses and uses of government
funds and properties
◦Also tasked with submitting an annual report detailing the financial
status and operation of the government and its other offices
◦Headed by a Chairman and two Commissioners who are appointed
by the President
Tell some current issues concerning with
the illegal use of public funds.
COMMISSION ON HUMAN
RIGHTS (CHR)
◦Empowered to investigate all forms of human rights violations involving
civil and political rights
◦Looks into cases involving the rights of the accused and the
underprivileged and provides legal aids to victims of human rights abuses
◦Monitors the government’s compliance with international treaty
obligations on human rights and recommends measures to promote
human rights and provide compensation for victims
◦Composed of a Chairman and four Commissioners who are appointed by
the President
LAWMAKING AND
THE RULE OF LAW
LAWS
◦Laws are sets of rules or pieces of legislation
that are formulated by the government and are
meant to be followed by all citizens of a state
◦Law is also referred to as Statutory Law or
Legislation, and is made by a legislative body,
such as congress or parliament
What is a STATUTORY LAW?
STATUTORY LAWS
◦It is an ordinary law direct from the legislators
elected by the people
◦The law that they pass need not secure approval of
the people
◦Deals with the specific details of a law
◦A law that must be in accordance with the provisions
of the constitution
LEGISLATION
◦Refers to the act of making laws, and is one
of the powers of the government
 What do we mean by “a state
underscored by the rule of law?”
Rule of Law
◦A principle centered on the belief that a
state should be governed by laws and not by
the arbitrary decisions of leaders or
government officials
What embodies a law?”
 NATURE OF
PHILIPPINE LAWS
Constitution
◦The supreme law of the land, and it is the basis
and foundation of all laws in the country
◦It is also an Organic Law, describes and
organizes the government that will run the state
◦At present, 1987 Constitution serves as the
organic law of the Fifth Philippine Republic
Republic Acts
◦Laws which create policies to carry out the
principles stated in the constitution
◦Crafted, passed by Congress, and approved by the
President
◦These acts are enforced by the government and must
be followed by all citizens throughout the country
Administrative Law
◦Refers to legislation specifically concerned
with the activities or actions of government
agencies and departments
Civil Service Law
◦Pertains to public service, particularly the
employment, selection, and promotion of
public workers
Civil Law
◦Outlines the rights and duties of individuals,
particularly concerning contracts and other
agreements
Criminal Law
◦Addresses crimes, and outlines criminal
behaviors and their appropriate sanctions
Labor Law
◦Addresses the relationship between
employers and workers and outlines their
rights, responsibilities, and privileges
Commercial Law
◦Focuses on trade concerns, particularly the
production, distribution, exchange, and
pricing of goods and services
Taxation Law
◦Identifies, determines, and regulates the
type of taxes to be levied from a particular
business transaction, trade, or activity
Ordinances
◦At the local level
◦Applicable within the respective localities
◦Barangay, Municipal, City, Provincial
Councils
President’s Pronouncements
◦Are not legislation but have the effect of law since
they are also implemented by the government and
followed by citizens
◦All these executive pronouncements must be based
on legislation and are subject to judicial review
◦Executive orders, administrative orders,
proclamations
What is judicial review?”
Judicial Review
◦The procedures adopted by the Supreme
Court to determine if a certain government
act is in accordance with the provision of the
constitution
Two important characteristics of laws
◦Validity
◦Continuity