1

GEED 20023: POLITICS,

GOVERNANCE AND
CITIZENSHIP

DR. FLORENDA M. SANTOS-FRIVALDO

MR. LEMUEL “DONG” N. DAMOLE

GEED 20023: Politics, Governance and Citizenship

Compiled by: Dr. Florenda Santos Frivaldo and Mr. Lemuel N. Damole

FOR PUP SAN JUAN ONLY

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POLITICS, GOVERNANCE AND CITIZENSHIP

Lesson I Understanding Politics and Political Science

A. Introduction

B. Basic Concepts
 Politics as a struggle for power
 Politics as conflict resolution
 Politics as compromise
 Politics as a pursuit for the greater good
C. Key Concepts in Politics
o Power -
o Authority
o Legitimacy

D. POLITICAL SCIENCE
 Definition
 Goals in the Study of Political Science:
 Importance in Studying Political Science:
 Approaches in the Study of Political Science
 Branches of Social Science that are interrelated to Political
Science
 Fields/Scope of Political Science

Lesson II Fundamentals of State

Part 1

A. Introduction
B. State
1. State distinguished from a Nation
2. State distinguished from Government
C. Inherent Powers of the State
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1. Police Power
2. Power of Eminent Domain
3. Power of Taxation

D. Comparison of the inherent powers of the State

Part 2
Elements of state

A. People
1. Citizenship defined: (Article IV)
2. Distinguished from nationality
3. Modes of acquiring citizenship
By birth
By naturalization
By marriage
4. Citizens of the Philippines (Sec. 1, Art. IV)
Natural-born Filipino citizens (Sec. 2, Art. IV)
5. Losing citizenship (Sec. 3, Art. IV)
6. Reacquiring citizenship
7. Naturalization v. Repatriation
8. Dual allegiance v. Dual citizenship (Sec. 5, Art. IV)

B. Territory

1. National territory of the Philippines defined: (art. 1)

a. Land Territory (Terrestrial Domain)
b. Maritime Territory (Fluvial and Maritime Domain)
Internal waters
Territorial waters
Archipelagic waters
Contiguous zone
c. Exclusive economic zones (EEZs)
d. Continental shelf
e. Arial Domains
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2. Modes of Acquiring Territory

a. Discovery and Occupation
b. Prescription
c. Cession
d. Accretion
e. Subjugation and Annexation

C. Government

1. Government of the Philippine defined

2. Forms of government
a. number of persons exercising sovereign powers

 Monarchy
1) absolute monarchy and
2) limited monarchy.
 Aristocracy
 Oligarchy
 Democracy
1) direct or pure democracy or
2) indirect, representative or republican democracy.

b. extent of powers exercised by the central or national government

 Centralized/Unitary
 Federal government

c. relationship between the executive and the legislative branches of the

government.
 Parliamentary government
 Presidential government

d. Other forms
 Totalitarian government
 Authoritarian government
 De Jure government
 De Facto government

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D. Sovereignty
1. Internal Sovereignty
2. External Sovereignty

Recognition

Part 3:
A. Theories of State Origin:
1. Divine Right Theory
2. Paternalistic/Patriarchal Theory
3. Social Contract Theory
4. Necessity/ Force Theory
5. Instinctive Theory
6. Historical/ Evolution Theory
7. Economic Theory

Lesson III Understanding Governance

Part 1: Introduction

A. Concept of Governance
B. Elements of governance

1. Accountability
2. Participation
3. Predictability
4. Transparency

Part 2:

A. The Philippine Government

1. Philippine Government Structure

a. Separation of powers
b. Checks and Balance

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c. Decentralization of Power

 Devolution
 Deconcentration
 Debureaucratization

B. POWERS AND FUNCTIONS OF THE GOVERNMENT

1. Legislative Branch (Article VI)

a. Senate
Composition
Qualifications
Term of Office
b. House of Representatives
Composition
Qualifications
Term of Office
Privileges of Members
c. Powers
d. Legislative Process
Bill preparation
First reading
Committee consideration or action
Second reading
Third reading
Transmittal to the Senate
Senate action
Conference committee
Transmittal to the President
Presidential action
Action on the approved bill
Action on vetoed bill

e. Power of Appropriation
f. Power of Taxation
g. Power of Legislative Investigation
 Inquiries in aid of legislation
 Question Hour
h. War Powers
i. Concurrence Power
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j. Other powers

2. Executive Branch (Art. VII)

a. The Philippine Executive Branch

 Qualifications:
 Term of Office
 Oath of Office
 Privileges
 Immunity from suit
 Executive privilege
 Prohibition and Inhibitions

b. Presidential succession
 Vacancy at the beginning of the term
 Vacancy during the term
 Temporary disability

c. Powers of the President

 Executive power
 Power of Appointment
 Power of Removal
 Power of Control
o Alter ego principle
 Power of Supervision
 Military Powers
 Power of Executive Clemency
o Pardon
o Commutation
o Reprieve
o Parole
o Amnesty
 Foreign Relation Power
 Power of Recognition
 Power to Send and Receive Diplomatic Missions
 Power to Deport Alien
 Power to Borrow or Guarantee Foreign Loan
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 Power to Enter Treaty or International

Agreement
 Budgetary power
 Informing power

3. Judicial Branch (Art. VIII)

a. Judicial power
b. Judicial review
c. Appointment to the Judiciary (Sec. 7, Article VIII)
d. Judicial and Bar Council (Sec. 8, Article VIII)

e. The Supreme Court

 Composition
 Powers of the Supreme Court
 Original jurisdiction
 Appellate jurisdiction
 Temporary assignment of judges
 Order change of venue of trials
 Rule-making power
 Appointing power
 Power of administrative supervision
f. Salaries
g. Tenure of judges/justices

C. Constitutional Commissions (Art. IX)

 Constitutional safeguards on the independence of the

Commissions
 Limitations

a. Civil Service Commission

 Composition
 Qualifications
 Powers and Functions

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b. Commission on Election
 Composition and Term of Office
 Qualifications
 Powers and Functions

c. Commission on Audit
 Composition and Term of Office:
 Qualifications:
 Powers and Functions:

D. Local Government (Art. X)

 LGUs Sources of Income

 Term of Office
 Local Legislative Body
 Creation of LGUs

E. Special Local Bodies

 AUTONOMOUS REGIONS

Part 3: ACCOUNTABILITY OF PUBLIC OFFICERS (ART. XI)

A. Sandiganbayan
B. Ombudsman
powers, functions, and duties:

Lesson IV Bill of Rights

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REFERENCES/BIBLIOGRAPHY

Aruego, J and Aruego-Torres, G.(1981). Principle of Political Science:

Dannug, R. and Campanilla, M. (2003) Politics, Governance and Government with

Philippine Constitution

Jackson, R. and Jackson, D. (2001) A Comparative Introduction to Political Science,

Pearson Education Asia Pte Ltd.

Mendoza, M. (2004) Trinitas Publishing, Inc., Meycauayan, Bulacan

University Book Supply, INC, Manila Philippines

Pia, Z. and Gatchalian, C. (1999), Politics and Governance with Philippine Constitution

SCRA

Zaide, S. (1996) Political Science, All-Nations Publishing Co., Inc.

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Lesson I Understanding Politics and Political Science

Learning Objectives:
When you finish this lesson, you will be able to do the following:

1. Define Political Science and Politics as well as its key concepts.

2. Internalize the importance in the study of Political Science.
3. Discuss the approaches and fields in the study of Political
Science

Keywords and Phrases

politics power coersion sanction

theory polis scire jurisprudence
legitimacy authority

A. Introduction

Politics (from Greek politikos "of, for, or relating to citizens") as a term is generally
applied to the art or science of running governmental or state affairs, including
behavior within civil governments, but also applies to institutions, fields, and
special interest groups such as the corporate, academic, and religious segments
of society. It consists of "social relations involving authority or power" and to the
methods and tactics used to formulate and apply policy.

Modern political discourse focuses on democracy and the relationship

between people and politics. It is thought of as the way we "choose government
officials and make decisions about public policy". [2]

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B. Basic Concepts

Politics defined

Aristotle’s philosophy immensely influenced classical and contemporary

definition of politics. He once said, “men by nature are political animals.” In The Politics,
he defined politics as the study of the affairs of the city-state (polis).

Aristotle puts upon men the task of acquiring and exercising power and influence
with the purest of motives and with respect for responsibility since men inevitably and
naturally possess them.

 Politics as a struggle for power

Bernard Crick, in his In Defense of Politics, defines politics as a struggle for power
among groups whose aim is to control the state. He explained that politics is simply the
activity by which differing interests within a given unit of rule are conciliated by giving
them a share in power in proportion to their importance to the welfare and survival of the
community

 Politics as conflict resolution

In Comparative Politics: A Global Introduction, Michael Sodaro describes politics

as the process by which communities pursue collective goals and deal with their conflicts
authoritatively by means of government.

 Politics as compromise

Former Senator Ernesto Maceda identifies politics as the study of compromise.

It is the art of deciding who gets what, when and how as characterized by Harold
Lasswell

 Politics as a pursuit for the greater good

Aristotle termed the art of good government as politics. This disposition is echoed
by Former Senate President Jovito Salonga when he said that politics is saying No to
what is bad for the society.
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C. Key Concepts in Politics

Power
Authority
Legitimacy

 Power - refers to the ability or the right to do something; the ability to exercise
authority over others. The term implies a hierarchy of control of stronger over
weaker.

The word “power” comes from the Latin verb potere meaning “to be able”. In its
broader sense, power is being able, physically, intellectually, or a combination of both,
to achieve what one wants.

Power may be implicit or manifest. In implicit power, A wants B to do something

and B does it simply because he or she realizes that A wants it done, and for whatever
reasons wants to accommodate those wishes. When power is manifest, on the other
hand, it is directly observable; A acts in an evident way to make B do what A wants. We
can define power then, as the ability to cause others to do what one desire, using means
ranging from influence to coercion.

Bases of Social Power

1. Expert Power – based on the perception that the leader possesses some
special knowledge or expertise;
2. Referent Power – based on the follower’s liking, admiring, or identifying with
the leader;
3. Reward Power – based on the leader’s capacity to mediate rewards for the
follower;
4. Legitimate Power – based on the follower’s perception that the leader has
the legitimate right or authority to exercise influence over him or her; and
5. Coercive Power – based on the follower’s fear that non-compliance with
leader’s wishes will lead to punishment.

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Sources of Power

If power is not intrinsic to the power-holder, it follows that it must have outside
sources said Gene Sharp of the center for International Affairs, Harvard University, USA.
In his internationally acclaimed book: The Politics of Non-Violent Action –Power and
Struggle, Sharp maintains that power appears to emerge from the interaction of all or
several of the following sources:

1. Authority – the extent and intensity of the ruler’s authority among the
subject is crucial factor affecting the ruler’s power.”The right to command
and direct, to be heard or obeyed by others,” voluntarily accepted by the
people and therefore existing without the imposition of sanctions is authority.

2. Human resources – a ruler’s power is affected by the number of persons

who obey him, cooperate with him, or provide him with special assistance, as
well as by the proposition of such persons in the general population, and the
extent and forms of their organizations.

3. Skills and knowledge – the ruler’s power is also affected by the skill,
knowledge and abilities of such person, and the relation of their skills,
knowledge and abilities to his needs.

4. Intangible factors – psychological and ideological factors, such as habits

and attitudes toward obedience and submission, and the presence or
absence of a common faith, ideology, or sense of mission, all affect the power
of the ruler in relation to the people.

5. Material resources – the degree to which the ruler controls property,

natural resources, financial resources, the economic system, means of
communication and transportation helps to determine the limits of his power.

6. Sanctions - the final source of a ruler’s power is the type and extent of
sanctions at his disposal, both for use against his own subjects and in conflicts
with other rulers. John Austin said sanctions are an enforcement of
obedience used by rulers against their subject to supplement voluntary
acceptance of their authority and to increase the degree of obedience to
their commands
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 Authority
a government power to make binding decisions and issue obligatory commands.
Such power must be perceived by citizens as rightful or acceptable and therefore to be
obeyed.

 Legitimacy
denotes a general belief that the state’s powers to make and enforce rules are
justified and proper. Legitimacy is a moral or ethical concept which involves perceptions
of what is right.

D. POLITICAL SCIENCE

Political Science defined as the study of the state and government. The word
“political” comes from the Greek word polis which means a “city-state”, the only form of
government known to the ancient Greeks. The word ciencia, meanwhile, means
knowledge of study.

Political Science began as early as the 14th century B.C. when Aristotle (384-
322 BC) wrote Politics, the first systematic work on political affairs. The book written
about 335-332 B.C., won for him the title of “Father of Political Science.”

As a branch of modern learning, political science has undergone three

chronological and overlapping stages of development. These stages in the study of
political science are as follows:

1. Religious Stage – the government with its leaders and laws was considered
as divine or divinely-spirited. This stage began during the prehistoric era and
continued as long as the divine right of kings was supported (18th century)

2. Metaphysical Stage – during this stage, the state was considered as a

human institution, but it was almost worshipped as a perfect institution. This stage
began with the ancient Greeks. Aristotle and Plato thought that the state was the
means to develop the highest potential of the individual. Indeed, Aristotle claimed
that “man is by nature a political animal,” and the state was established for the
greatest good of the greatest number of citizens.

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3. Modern stage – finally in this stage, the state was still considered as a human
institution but it was deemed capable of being improved by rulers and subjects
according to certain principles and laws. This stage was ushered in by Niccolo
Machiavelli (1469-1527), a renaissance writer of The Prince, a handbook for
rulers in the art of government. Thus, Machiavelli is often credited as the “Father
of Modern Politics.”

Political Science first attained recognition as a separate field of study in 1856. The
significant innovation was done upon the request of Prof. Francis Lieber, a German-
born American scholar who wrote Manual of Political Ethics (1838), the first systematic
treatise in political science published in the United States. Thus, it was the Americans
who first made the study of politics as a separate course of study.

Goals in the Study of Political Science:

1. Education for citizenship

2. Essential part of liberal education
3. Knowledge and understanding of the government

Importance in Studying Political Science:

First, we are part of the government. The moment we were born up to the day we die
our records formed part of our state’s public documents.

Second, the study of political science enables us to know more about our rights and
duties as citizens, the structure and functions of the different branches of government,
and our relations with other states.

Third, the study of political science broadens man’s cultural background by knowing the
function of the state, law, diplomacy, public finance, and etc.

Finally, political science provides the needed background for those who intend to enter
the profession of law, foreign service, public administration, business, education and
journalism. The activities of these professions are intimately linked with the affairs of
government.

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Approaches in the Study of Political Science

Robert J. Jackson, in A Comparative Introduction to Political Science, enumerates the

following approaches in studying politics:

1. Traditional/Historical Approach
Studying politics concentrates on an essentially legal/formal description of
government. It contemplates the use of history, chronology and development
of government structures and institutions as basis of study.

2. Scientific/Behavioral Approach
Muses on how individuals behave within political institutions and how
behavior influences policy-making. This approach concerns mainly on the
scientific method through the use of methodology, variables and hypotheses
in theorizing political phenomena.

3. General Theory Approach

Contemplates the identification of all critical structures and processes of
society, explaining their interrelationships with politics, and predict a wide
array of governmental outcomes. It regards the study of politics as a
commitment to explore and attempt to understand a given segment of
empirical reality.

4. Systems Approach
Espouses David Easton’s comprehensive systems model depicted by the
interaction between the societal environment and an abstract political system
which processes and converts demands and supports into outputs,
producing an overall stability. The approach entails the search for cyclical
processes that govern political structures.

5. Structural-Functional Approach
The essence of this approach is that it specifies the activities of a viable
political system and explains how these functions must be performed to
maintain the stability of the political system.

6. Political Economy Approach

It focuses with the relationship between government and economics. It
highlights the role of government concerning regulation, support or
intervention in economic and social affairs.

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Branches of Social Science that are interrelated to Political Science

1. History – study of past events

2. Economics – study of the production, consumption, conservation and
distribution of state’s wealth.

3. Philosophy – study of the underlying principles applied in the government

4. Psychology – individual’s behavior
5. Sociology – group behavior
6. Geopolitics – focuses on the physical factors of a state such as population
and sources of raw materials.

7. Statistics and Logic – used in the treatment of data to yield a logical

finding.

8. Jurisprudence - analysis of existing law.

Fields/Scope of Political Science

1. Political Theory/Political Philosophy – are terms which are often used

interchangeably. Scholars in this field are concerned with questions about value
judgements and the history ang development of the ideas of great political
thinkers.

a. Political Philosophy is sometimes called value or normative theory

because it is concerned primarily with values, norms, and morality. It
attempts to examine the connections among facts, values, and
judgements.

b. Political Theory is an important part of all political science fields

because it is used in the explanation and prediction of political
phenomena.

2. Political Dynamics – the forces at work in the government such as political

parties, public issues and opinions and pressure groups like POs, NGOs or the
civil society.

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3. Public Administration – is concerned more with how policies are formulated

and implemented within the large bureaucratic structure of government.

4. Public Law/Policy – analyzes and evaluates policies in areas such as

defense, health, education and resource development.

5. International Relations – focus on the foreign policies of countries,

international organizations, and international law in order to learn more about the
interactions among states.

6. Comparative Government and Politics – is a very wide field with many

subdivisions. To a large extent it is the study of the macro-politics of states. It is
primarily concerned with comparing the politics and government of different
states.
EXERCISES:
_________1.This approach specifies the activities of a viable political system and
explains how these functions must be performed to maintain the stability of the
political system.
__________ 2. A kind of power which is based on the fear of the followers that
non-compliance to the wishes of the leader would result to a punishment.
__________ 3. A Greek word which means “city/state”.
__________ 4. An approach in politics which concentrates on an essentially
legal/formal description of government.
__________ 5. A Latin word which means “to know”.
__________ 6. It is the Science of Politics.
__________ 7. It is the study of the affairs of the city/state.
__________ 8. A kind of power which is based on the acceptance of the general
public.
__________ 9. This approach focuses on the relationship between government
and economics.
__________ 10. A source of power which gives the leader the right to command
and direct and also to be heard or obeyed by others even without the imposition of
sanctions.

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Lesson II Fundamentals of State

Learning Objectives:

When you finish this lesson, you will be able to do the following:
1. Understand the concept of nation and state.
2. Identify and discuss the essential elements of state
3. Distinguish state from nation and government.
4. Discuss the theoretical basis/origin of states
5. Understand the importance of one’s citizenship and its effect to
the exercise of one’s right.
6. Differentiate natural-born and naturalized Filipino citizen
7. Identify the different forms of government
8. Determine the origin and growth of each government
9. Describe the general features of each government
10. Determine the advantages and disadvantages of each
government
11. Realize the importance of having an appropriate form of
government

Keywords and Phrases:

nation terrestrial aerial evolution theory

flfluvial domain sovereignty instinctive
social contract theory necessity/force theory instinctive theory
totalitarianism oligarchy parliamentary federalism
naturalization repatriation nationality citizenship
dual allegiance dual citizenship citizenship by election

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A. Introduction

Some contemporary Scholars like Quentin Skinner define the state today as "a
locus of power distinct from either the ruler or the body of the body of the people."
(Skinner, Foundations of Modern Political Thought, II, p.355). Yet, others would argue
that the potency of the word "state" derives from the fact that it means both ruler and
people. In other words, the state is at the same time loved for its promise of order and
stability for the whole community and feared for its threat of coercion by the power which
does the ordering. Both schools of thought may be right for there is no universal
definition of the concept. But no intellectual discussion about the concept of the state is
complete without a review of the writings of St. Thomas Aquinas and Martin Luther. First,
and most important, St. Thomas Aquinas arguably was the first to formulate the concept
of the state as the "set order of the rulers" at the heart of every stable
commonwealth. The general concept which was necessary before the name could be
attached to a particular form of government in Aristotle's framework. Second, Martin
Luther continued to evolve the concept of the state in terms of how he saw a division of
labor between Church (or spiritual power) and those things temporal—the state—and
how the ruler, without direct intervention from the Church, should govern it with respect
to his nobles and, above, all the common good of the people of his realm.
Aquinas establishes early on that the state is a natural institution (very different from
Augustine whose ideas prevailed up to this point in history) because "la naturaleza del
hombre [es] ser un animal sociable y politico que vivien sociedad." (Aquinas, La
Monarquia, I, p. 7) And he goes on to affirm that man must live in societies to achieve
fulfillment "porque un sol hombre por si mismo no puede bastarse en existencia."
(Aquinas, La Monarquia, I, p. 7).

B. State - a community of persons, more or less numerous, permanently occupying a

definite portion of territory, independent of external control, and possessing a
government to which a great body of inhabitants render habitual obedience (Collector
of Internal Revenue v. Campos Rueda)

1. State distinguished from a Nation

A nation is a group of people bound together by certain characteristics such as
common social origin, language, customs and traditions, and who believe that they are
one and distinct from others. (De Leon, Textbook on the Philippine Constitution.

In common usage, the terms are often used interchangeably. However, a state is
a political concept while a nation is an ethnic concept. A state may consist of one or
more nation. For example, the United States of America is a melting pot of several
nationalities and conversely, a single nation may be made up of several states such as
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the Arab Nation which is divided into several states such as Saudi Arabia, Jordan, Syria,
Lebanon etc. (De Leon, Textbook on the Philippine Constitution)

2. State distinguished from Government

A government is only the instrument through which the will of the state is
expressed. It can exist without the state while the state cannot exist without a
government.

A government may change, its form may change, but the state, as long as its
essential elements are present, remains the same.

C. Inherent Powers of the State

1. Police Power - It is defined as the power of promoting the public welfare by

restraining and regulating the use of liberty and property (Freund). It is the Inherent
and plenary power of the state which enables it to prohibit all that is hurtful to the
comfort, safety and welfare of society (Ermita-Malate Hotel and Motel Operators
Association, Inc v Mayor of Manila)
2. Power of Eminent Domain - It is the government’s coercive authority, upon just
compensation, to forcibly acquire a property to devote it to public use.
3. Power of Taxation - It is the power to raise revenue

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D. Comparison of the inherent powers of the State

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Elements of state

There are 4 essential elements of state namely (1) people (2) territory (3)
government and (4) sovereignty.

A. People - refer to the inhabitants of the State. It must be composed of both sexes to
allow continuity through reproduction. It must be adequate in number for self-sufficiency
and defense.

1. Citizenship defined: (Article IV)

It refers to the membership in a political community which is permanent and more

or less permanent in character.

2. Distinguished from nationality

Nationality is membership in any class or form of political community. Nationality

does not necessarily include the right or privilege of exercising civil or political rights.

3. Modes of acquiring citizenship

A. By birth
1. Jus sanguinis (right of blood) which is the legal principle that, at birth, an
individual acquires the nationality of his/her natural parent/s. The Philippines
adheres to this principle.
2. Jus soli (right of soil) which is the legal principle that a person's nationality
at birth is determined by the place of birth (ie, the territory of a given state)

B. By naturalization
Naturalization signifies the act of formally adopting a foreigner into the
political body of a nation by clothing him or her with the privileges of a citizen.
Under current and existing laws, there are three ways by which an alien may
become a citizen by naturalization: (a) administrative naturalization pursuant
to R.A. No. 9139; (b) judicial naturalization pursuant to C.A. No. 473, as
amended; and (c) legislative naturalization in the form of a law enacted by

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Congress bestowing Philippine citizenship to an alien. (So v. Republic, GR

170603, 29 January 2007)

C. By marriage

4. Citizens of the Philippines (Sec. 1, Art. IV)

The following are citizens of the Philippines:

1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution
2. Those whose fathers or mothers are citizens of the Philippines
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine
Citizenship upon reaching the age of majority; and
4. Those who are naturalized in the accordance with law.

Natural-born Filipino citizens (Sec. 2, Art. IV)

Natural-born citizens are those who are citizens from birth without having to perform
any act to acquire or perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with the Constitution shall be deemed natural-born
citizens (Sec. 2, Article IV)

5. Losing citizenship (Sec. 3, Art. IV)

Under Commonwealth Act No. 63, a Filipino citizen may lose his citizenship:
1) By naturalization in a foreign country;
2) By express renunciation of citizenship;
3) By subscribing to an oath of allegiance to support the constitution or laws of a
foreign country upon attaining twenty-one years of age or more;
4) By accepting commission in the military, naval or air service of a foreign country;
5) By cancellation of the certificate of naturalization;
6) By having been declared by competent authority, a deserter of the Philippine armed
forces in time of war, unless subsequently, a plenary pardon or amnesty has been
granted: and
7) In case of a woman, upon her marriage, to a foreigner if, by virtue of the laws in
force in her husband’s country, she acquires his nationality. (Valles v. Comelec, 9
August 2000)

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Note that No. [1] has already been modified by Republic Act 9225, under which
Filipino citizens who become naturalized citizens of a foreign country may retain
their Filipino citizenship by complying with the provisions of RA 9225.

Note that No. [7] has been repealed by the 1987 Constitution. It is no longer a
ground for loss of citizenship under the 1987 Constitution, which provides that
citizens of the Philippines who marry aliens shall retain their citizenship, unless by
their act or omission they are deemed, under the law, to have renounced it.
(Section 4, Article IV)

6. Reacquiring citizenship

Filipino citizens who have lost their citizenship may however reacquire the same in
the manner provided by law. Commonwealth Act No. 63 (C.A. No. 63), enumerates
the three modes by which Philippine citizenship may be reacquired by a former
citizen:

1. by naturalization
2. by repatriation
3. by direct act of Congress.

7. Naturalization v. Repatriation

Naturalization is a mode for both acquisition and reacquisition of Philippine

citizenship. As a mode of initially acquiring Philippine citizenship, naturalization is
governed by Commonwealth Act No. 473, as amended. On the other hand,
naturalization as a mode for reacquiring Philippine citizenship is governed by
Commonwealth Act No. 63. Under this law, a former Filipino citizen who wishes to
reacquire Philippine citizenship must possess certain qualifications and none of the
disqualifications mentioned in Section 4 of C.A. 473.

Repatriation, on the other hand, may be had under various statutes by those who
lost their citizenship due to: (1) desertion of the armed forces; (2) service in the
armed forces of the allied forces in World War II; (3) service in the Armed Forces of
the United States at any other time; (4) marriage of a Filipino woman to an alien;
and (5) political and economic necessity.
As distinguished from the lengthy process of naturalization, repatriation simply
consists of the taking of an oath of allegiance to the Republic of the Philippines and
registering said oath in the Local Civil Registry of the place where the person
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concerned resides or last resided. (Bengson III v. House Electoral Tribunal, 07 May
2001)

Repatriation is not a matter of right, but it is a privilege granted by the State.

This is mandated by the 1987 Constitution under Section 3, Article IV, which
provides that citizenship may be lost or reacquired in the manner provided by law.
The State has the power to prescribe by law the qualifications, procedure,and
requirements for repatriation. It has the power to determine if an applicant for
repatriation meets the requirements of the law for it is an inherent power of the State
to choose who will be its citizens, and who can reacquire citizenship once it is lost.
(Tabasa v. Court of Appeals, 29 August 2006)

Effect of repatriation

Repatriation results in the recovery of the original nationality. This means

that a naturalized Filipino who lost his citizenship will be restored to his prior status
as a naturalized Filipino citizen. On the other hand, if he was originally a natural-
born citizen before he lost his Philippine citizenship, he will be restored to his former
status as a natural-born Filipino. (Bengson v. HRET, 07 May 2001)

8. Dual allegiance v. Dual citizenship (Sec. 5, Art. IV)

Dual citizenship is different from dual allegiance. The former arises when, as a
result of the concurrent application of the different laws of two or more states, a
person is simultaneously considered a national by the said states. For instance,
such a situation may arise when a person whose parents are citizens of a state
which adheres to the principle of jus sanguinis is born in a state which follows the
doctrine of jus soli. Such a person, ipso facto and without any voluntary act on his
part, is concurrently considered a citizen of both states.

Dual allegiance, on the other hand, refers to the situation in which a person
simultaneously owes, by some positive act, loyalty to two or more states. While dual
citizenship is involuntary, dual allegiance is the result of an individual's volition. With
respect to dual allegiance, Article IV, Section 5 of the Constitution provides: "Dual
allegiance of citizens is inimical to the national interest and shall be dealt with by
law." (Mercado v. Manzano, 367 Phil. 132 [1999])

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B. Territory - It is the portion of the earth’s surfaced permanently inhabited by the

people. It is composed of terrestrial, fluvial, maritime and aerial domains.

1. NATIONAL TERRITORY OF THE PHILIPPINES defined: (Art. 1)

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 (Section 1, Article I)

Territory is defined as the fixed portion on the surface of the earth on which the
State settles and over which it has supreme authority. The components of the territory
of the state are the terrestrial, fluvial, maritime and aerial domains.

a. Land Territory (Terrestrial Domain)

The territorial domain refers to the land mass, which may be integrate or dismembered,
or partly bound by water or consist of one whole island. It may also be composed of
several islands, like the Philippines, which are also known as mid-ocean archipelagos
as distinguished from the coastal archipelagos like Greece.

b. Maritime Territory (Fluvial and Maritime Domain)

The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law
of the Sea Convention and the Law of the Sea Treaty (or LOST by its critics), is the
international agreement that resulted from the third United Nations Conference on the
Law of the Sea (UNCLOS III), which took place from 1973 through 1982. The Law of the
Sea Convention defines the rights and responsibilities of nations in their use of the
world's oceans, establishing guidelines for businesses, the environment, and the
management of marine natural resources. The Convention concluded in 1982 replaced
four 1958 treaties, namely
:
• Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September
1964
• Convention on the Continental Shelf, entry into force: 10 June 1964
• Convention on the High Seas, entry into force: 30 September 1962

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• Convention on Fishing and Conservation of Living Resources of the High Seas, entry
into force: 20 March 1966
UNCLOS came into force in 1994, a year after Guyana became the 60th state to sign
the treaty. To date 155 countries and the European Community have joined in the
Convention. The United States has signed the treaty, but the Senate has not ratified it.
However, it is now regarded as a codification of the Customary international law on the
issue.

While the Secretary General of the United Nations receives instruments of ratification
and accession and the UN provides support for meetings of states party to the
Convention, the UN has no direct operational role in the implementation of the
Convention. There is, however, a role played by organizations such as the International
Maritime Organization, the International Whaling Commission, and the International
Seabed Authority (the latter being established by the UN Convention).

The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid
Pardo, of Malta, and in 1973 the Third United Nations Conference on the Law of the Sea
was convened in New York. In an attempt to reduce the possibility of groups of nation-
states dominating the negotiations, the conference used a consensus process rather
than majority vote. With more than 160 nations participating, the conference lasted until
1982. The resulting convention came into force on November 16, 1994, one year after
the sixtieth state, Guyana, signed the treaty.

The convention introduced a number of provisions. The most significant issues covered
were setting limits, navigation, archipelagic status and transit regimes, exclusive
economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the
exploitation regime, protection of the marine environment, scientific research, and
settlement of disputes.

The convention set the limit of various areas, measured from a carefully defined
baseline. (Normally, a sea baseline follows the low-water line, but when the coastline is
deeply indented, has fringing islands or is highly unstable, straight baselines may be
used.) The areas are as follows:

Internal waters

covers all water and waterways on the landward side of the baseline. The coastal state
is free to set laws, regulate use, and use any resource. Foreign vessels have no right of
passage within internal waters.

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Territorial waters

out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate
use, and use any resource. Vessels were given the right of "innocent passage" through
any territorial waters, with strategic straits allowing the passage of military craft as
"transit passage", in that naval vessels are allowed to maintain postures that would be
illegal in territorial waters. "Innocent passage" is defined by the convention as passing
through waters in an expeditious and continuous manner, which is not “prejudicial to the
peace, good order or the security” of the coastal state. Fishing, polluting, weapons
practice, and spying are not “innocent", and submarines and other underwater vehicles
are required to navigate on the surface and to show their flag. Nations can also
temporarily suspend innocent passage in specific areas of their territorial seas, if doing
so is essential for the protection of its security.

Archipelagic waters

the convention set the definition of Archipelagic States in Part IV, which also defines
how the state can draw its territorial borders. A baseline is drawn between the outermost
points of the outermost islands, subject to these points being sufficiently close to one
another. All waters inside this baseline will be Archipelagic Waters and included as part
of the state's internal waters.

Contiguous zone

beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical
miles from the territorial sea baselines limit, the contiguous zone, in which a state could
continue to enforce laws regarding activities such as smuggling or illegal immigration.

c. Exclusive economic zones (EEZs)

extend 200 nautical miles from the baseline. Within this area, the coastal nation has sole
exploitation rights over all natural resources. The EEZs were introduced to halt the
increasingly heated clashes over fishing rights, although oil was also becoming
important. The success of an offshore oil platform in the Gulf of Mexico in 1947 was
soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate
in waters 4000 meters deep. Foreign nations have the freedom of navigation and

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overflight, subject to the regulation of the coastal states. Foreign states may also lay
submarine pipes and cables.

d. Continental shelf

the continental shelf is defined as the natural prolongation of the land territory to the
continental margin’s outer edge, or 200 nautical miles from the coastal state’s baseline,
whichever is greater. State’s continental shelf may exceed 200 nautical miles until the
natural prolongation ends, but it may never exceed 350 nautical miles, or 100 nautical
miles beyond 2,500-meter isobath, which is a line connecting the depth of 2,500 meters.
Coastal states have the right to harvest mineral and non-living material in the subsoil of
its continental shelf, to the exclusion of others.

Aside from its provisions defining ocean boundaries, the convention establishes general
obligations for safeguarding the marine environment and protecting freedom of scientific
research on the high seas, and also creates an innovative legal regime for controlling
mineral resource exploitation in deep seabed areas beyond national jurisdiction, through
an International Seabed Authority.

Landlocked states are given a right of access to and from the sea, without taxation of
traffic through transit states.

Part XI of the Convention provides for a regime relating to minerals on the seabed
outside any state's territorial waters or EEZ. It establishes an International Seabed
Authority (ISA) to authorize seabed exploration and mining and collect and distribute the
seabed mining royalty.

The Philippine position of on the definition of its internal waters is commonly known as
the archipelago doctrine. This is articulated in the second sentence of Article I, Sec 1 of
the 1987 Constitution (see above). Our position is that our islands (as many as 7,100)
should be considered one integrated whole instead of being fragmented into separate
units each with its own territorial sea. Hence, in defining the internal waters of the
archipelago, straight baselines should be drawn to connect appropriate points of the
outermost islands without departing to radically from the general direction as one whole
territory. The waters inside these baselines shall be considered internal and thus not
subject entry by foreign vessels without consent of the local state. The archipelago
doctrine has been embodied in the 1982 Convention of the Law of the Sea, with the
modification that archipelagic sea lanes shall be designated over the internal waters
through which foreign vessels shall have the right of passage.

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e. Arial Domains

This refers to the air space above the land and waters of the State. The Convention on
International Civil Aviation, also known as the Chicago Convention, established the
International Civil Aviation Organization (ICAO), a specialized agency of the United
Nations charged with coordinating and regulating international air travel. The
Convention establishes rules of airspace, aircraft registration and safety, and details the
rights of the signatories in relation to air travel. The Convention also exempts air fuels
from tax. The document was signed on December 7, 1944 in Chicago, Illinois, by 52
signatory states. The Convention defines the supreme authority of each state to its
airspace. Relevant provisions of the convention relate to such recognition and the
elements of a state’s territory, to wit:

Article 1, Sovereignty: The contracting States recognize that every State has complete
and exclusive sovereignty over the airspace above its territory.

Article 2,Territory: For the purposes of this Convention the territory of a State shall be
deemed to be the land areas and territorial waters adjacent thereto under the
sovereignty, suzerainty, protection or mandate of such State.

The rules governing the high seas also apply to outer space, which is considered res
communes. Under customary international law, States have the right to launch satellites
in orbit over the territorial space of other States.

The Outer Space Treaty, formally known as the Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, including the Moon
and Other Celestial Bodies, is a treaty that forms the basis of international space
law. The treaty was opened for signature in the United States, the United Kingdom, and
the Soviet Union on January 27, 1967, and entered into force on October 10, 1967. As
of January 2007, 98 countries are states-parties to the treaty, while another 27 have
signed the treaty but have not yet completed ratification.

The Outer Space Treaty represents the basic legal framework of international space
law. Among its principles, it bars States Parties to the Treaty from placing nuclear
weapons or any other weapons of mass destruction in orbit of Earth, installing them on
the Moon or any other celestial body, or to otherwise station them in outer space. It
exclusively limits the use of the Moon and other celestial bodies to peaceful purposes
and expressly prohibits their use for testing weapons of any kind, conducting military
maneuvers, or establishing military bases, installations, and fortifications (Art.IV).
However, the Treaty does not prohibit the placement of conventional weapons in orbit

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The treaty explicitly forbids any government from claiming a celestial resource such as
the Moon or a planet, since they are province of mankind. Art. II of the Treaty states, in
fact, that "outer space, including the Moon and other celestial bodies, is not subject to
national appropriation by claim of sovereignty, by means of use or occupation, or by any
other means". The pendant for giving up sovereignty in outer space is the jurisdiction
and control that the State that launches a space object retains. According to Manfred
Lachs jurisdiction and control is giving the means to the State to conduct a mission of
space exploration.

Article VI of the Outer Space Treaty deals with international responsibility, stating that
"the activities of non-governmental entities in outer space, including the moon and other
celestial bodies, shall require authorization and continuing supervision by the
appropriate State Party to the Treaty" and that States Parties shall bear international
responsibility for national space activities whether carried out by governmental or non-
governmental entities.

Following discussions arising from Project West Ford, a consultation clause was
inserted in Article IX of the Outer Space Treaty: "A State Party to the Treaty which has
reason to believe that an activity or experiment planned by another State Party in outer
space, including the Moon and other celestial bodies, would cause potentially harmful
interference with activities in the peaceful exploration and use of outer space, including
the Moon and other celestial bodies, may request consultation concerning the activity or
experiment."

Experts of international space law state that the Moon falls under the legal concept of
res communis, which means that it belongs to a group of people, and may be used by
every member of the group, but cannot be appropriated by anyone (the concept is also
applied to International Waters] The effect of the Outer Space Treaty is to restrict control
of private property rights, in the way that the law of the sea prevents anyone owning the
sea. This is often disputed by those who claim the ability to sell property rights on the
Moon and other bodies, but the dispute has never been tested in a court of law.

2. Modes of Acquiring Territory

there are modes for a state to acquire territory, to wit: discovery and occupation,
prescription, cession, accretion, and subjugation and annexation:

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a. Discovery and Occupation

a state may acquire territory through this mode by discovering continent, island, or land
with no inhabitants or occupied by uncivilized inhabitants, and thereafter, occupying it
under its political administration. Discovery without subsequent occupation is not
sufficient to acquire territory.

b. Prescription

it is a mode of acquiring territory through continuous and undisputed exercise of

sovereignty over it during such a period as is necessary to create under the influence of
historical development the general conviction that the present condition of things is in
conformity with international order.

c. Cession

it is the assignment, transfer, or yielding up of territory by one state or government to

another.

d. Accretion

it is a mode of acquiring territory by addition of portions of soil, either artificial such as

the reclamation in Manila Bay or natural by gradual deposition through the operation of
natural causes such as the waves of the ocean.

e. Subjugation and Annexation

it is a mode of acquiring territory belonging to a state by occupation and conquest made

by another state in the course of war and by annexation at the end of the war.

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C. Government - is the agency or instrumentality through which the will of the State
is formulated, expressed and realized (US v. Dorr)

1. Government of the Philippine defined

The corporate governmental entity through which the functions of government are
exercised throughout the Philippines, including, save as the contrary appears from the
context, the various arms through which the political authority is made effective in the
Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal
or barangay subdivisions or other forms of local government [Section 2 (1),
Administrative code of 1987)

Government - refers to the legislators, administrators, and arbitrators in the

administrative bureaucracy who control a state at a given time, and to the system of
government by which they are organized It is the means by which state policy is
enforced, as well as the mechanism for determining the policy of the state. A form of
government, or form of state governance, refers to the set of political institutions by
which a government of a state is organized. Synonyms include "regime type" and
"system of government".

The word government is derived from the Latin infinitive gubernare, meaning "to
govern" or "to manage". In parliamentary systems, the word "government" is used to
refer to what in presidential systems would be the executive branch. In parliamentary
systems, the government is composed of the prime minister and the cabinet. In other
cases, "government" refers to executive, legislative, judicial, bureaucratic, and possibly
also devolved powers.

2. Forms of government are classified according to

1) number of persons exercising sovereign powers

2) extent of powers exercised by the central or national government and
3) relationship between the executive and the legislative branches of the
government.

1. number of persons exercising sovereign powers

a. Monarchy
supreme and final power is in the hands of a single person and
further classified as

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 absolute monarchy- the ruler rules by divine right

 limited monarchy- the ruler rules in accordance with a
constitution.

b. Aristocracy and Oligarchy

 Aristocracy
political power is exercised by a few privileged classes. It is
sometimes called government by the best, due to the fact that
access to the ruling aristocratic class based not only on birth and
wealth, but also upon physical, intellectual and moral qualities.

 Oligarchy
a government whereby authority is vested upon few individuals or
families.

c. Democracy
political power is exercised by a majority of the people and further
classified as
 direct or pure democracy or
 indirect, representative or republican democracy.

2. extent of powers exercised by the central or national government extent of

powers exercised by the central or national government
a. Centralized/Unitary
a form of government where the control over national and local
affairs is exercised by the central or national government.

b. Federal government
is where the powers of the government are divided fundamentally
between two organizations, each having its own definite sphere of
authority, and neither having the power to interfere with or destroy the
other.

3. relationship between the executive and the legislative branches of the

government.
a. Parliamentary government
is distinguished by the head of government being dependent on the
direct or indirect support of the parliament, often expressed through a vote
of confidence. Hence, there is no clear cut separation of powers between
the legislative and executive branches of government. Parliamentary
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systems usually have a clear differentiation between the head of

government and the head of state. Meanwhile, a

b. Presidential government
indicates a system wherein the offices of the head of the
government and head of state are combined in a single man―the
President. The entire executive power is vested in the President and all
government action is his responsibility. The presidential system provides
for a Chief Executive who is elected for a definite term of office, who holds
a wide public mandate as a result of his election, and who is largely
independent of the legislative branch for the conduct of his administration.
His formal powers are defined in a documentary constitution. Because he
is both Chief of State and political leader of the government, his prestige
and authority are doubly enhanced.

4. Other forms of government

 Totalitarian government

is total government. It controls all aspects of the people’s life. It may have promised to
extend certain rights to the people, but these rights exist only on paper. In reality the
people have no rights under a totalitarian state; they exist for the use of the state not
vice versa.

 Authoritarian government

is less harsh, by comparison, in governing its people than a totalitarian one. Its political
power rests on some absolute authority, and it does not recognize the sovereignty of
the people but at the same time allows them some civil rights limited though those may
be.

 De Jure government

is one that has the legal recognition of the family of nations, but it may exist alongside a
rival government which is de facto.

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 De Facto government

has set itself up in the state; it has its own set of officials, laws, etc. but it does not have
international recognition although it may want that.

D. Sovereignty - is the supreme, absolute and uncontrollable power by which an

independent state is governed. It is the paramount control of the constitution and the
frame of government and its administration.

There are two kinds of sovereignty, to wit: internal and external

1. Internal Sovereignty – it is the power to control and direct the internal affairs
of a country such as the authority to enact, execute and apply laws. Under
international law, internal sovereignty is not a factor in determining whether an
entity is a state.

2. External Sovereignty – it is the power of an independent State to control and

direct its external affairs such as the authority to enter into treaties with other
state, to wage war, and to receive and send diplomatic missions.

Recognition - It is an act which gives a state an international status.

A. Theories of State Origin:

1. Divine Right Theory – this asserts that a state is of divine origin, for all
political authority emanates from God.
2. Paternalistic/Patriarchal Theory – a theory which accounts for the state
as an extension of the family.
3. Social Contract Theory – was the dominant political creed of the 17th and
18th centuries, replacing the divine theory. This was done by a contract or
compact among people whereby each one surrendered his natural liberty but
gained in return the protection and civil rights guaranteed by the governments.
 Jean Jacques Rousseau
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 Thomas Hobbes
 John Locke
4. Necessity/ Force Theory – this theory provides that the state has arisen
through sheer force: a man dominating a tribe through brute strength and
cunning; a tribe conquering other tribes to form a kingdom; this kingdom
smashing other kingdoms to transform itself into an empire; and empires and
kingdoms clashing against one another for supremacy.
5. Instinctive Theory – the proponents of this theory hold that political
institutions are but the objective expressions of the instinct of men for association.
6. Historical/ Evolution Theory – Burgess, a well known authority in political
science, states the theory thus: ”the proposition that the state is the product of
history means that it is the gradual and continuous development of human
society, out of a grossly imperfect beginning through crude but improving forms
of manifestation, towards a perfect and universal organization of mankind.
7. Economic Theory – according to the advocates of this theory, the state was
erected primarily to take care of man’s multifarious needs.

EXERCISES 2

__________ 1. It is the entire body of those citizens of a state who are invested
with political power for political purposes.
__________ 2. A mode of acquiring territory used by the US government to
acquire Philippines from Spanish colonial power.
__________ 3. It is an act which gives a state an international status.
__________ 4. It is a mode of acquiring territory by addition of portions of soil,
either artificial such as reclamation or natural by gradual deposition through the
operation of natural causes such as waves of the ocean.
__________ 5. It covers the extent of the Philippine external waters or maritime
zone.
__________ 6. It is the assignment, transfer, or yielding up of territory by one state
or government to another.
__________ 7. It is a geographical area under the jurisdiction one country or
sovereign power or state.
__________ 8. It is the power to control and direct the internal affairs of a country
such as the authority to enact, execute and apply laws.
__________ 9. It refers to the air space above the territorial lands and waters of
the Philippines but excluding the outer space.
__________ 10. A community of persons who are more or less numerous,
permanently occupying a definite portion of territory, independent of external
control, and possessing an organized government to which the great body of
inhabitants render habitual obedience.

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Lesson III Understanding Governance

Learning Objectives:

When you finish this lesson, you will be able to do the following:
1. Define governance and differentiate it from government
2. Determine the elements of good governance
3. Compare the differences of the powers and functions of every
government in relation to its form.
4. Critically analyze the operation of Philippine government in
relation to the principles/doctrines applied

Keywords and Phrases:

Good governance best practices

accountability social environment transparency
Social forces governance government

Introduction

The United Nations Development Programme (UNDP) defines governance as

the exercise of political, economic and administrative authority in the management of a
country’s affairs at all levels.

Meanwhile, the Asian Development Bank (ADB) conceptualized governance as

the management of the development process involving both the public and private
sectors. It encompasses the functioning and capability of the public sector, as well as the
rules and institutions that create the framework for the conduct of both public and private
business.

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A. Concept of Governance

B. Elements of governance

ADB clarifies its concept of governance by identifying four elements. These are
accountability, participation, predictability and transparency.

1. Accountability

Public officials must be answerable for government behavior, and

responsive to the entity from which their authority is derived.

2. Participation

refers to the involvement of citizens in the development process.

Beneficiaries and groups affected by the project need to participate so that the
government can make informed choices with respect to their needs, and social
groups can protect their rights

3. Predictability

a country's legal environment must be conducive to development. A

government must be able to regulate itself via laws, regulations and policies,
which encompass well-defined rights and duties, mechanisms for their
enforcement, and impartial settlement of disputes. Predictability is about the fair
and consistent application of these laws and implementation of government
policies.

4. Transparency

refers to the availability of information to the general public and clarity

about government rules, regulations, and decisions. It can be strengthened
through the citizen’s right to information with a degree of legal enforceability.
Transparency in government decision-making and public policy implementation
reduces uncertainty and can help inhibit corruption among public officials.

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A. The Philippine Government

The Philippine Government

Philippine Government Structure

Section 1, Article II of the Constitution of the Republic of the Philippines declares

that the country is a democratic and republican state and that all government authority
emanates from the people.

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Three equal branches of government exist—executive, legislative, and judicial—

and operate under the doctrine of separation of powers and a system of checks and
balances.
a. Separation of powers

Each department of the government has exclusive cognizance of the matters

within its jurisdiction, and is supreme within its own sphere. But it does not follow from
the fact that the three powers are to be kept separate and distinct that the Constitution
intended them to be absolutely unrestrained and independent of each other.

b. Checks and Balance

Under the system of checks and balances, one department is given certain
powers by which it may definitely restrain the others from exceeding constitutional
authority. It may object or resist any encroachment upon its authority, or it may question,
if necessary any act or acts which unlawfully interferes with its sphere of jurisdiction and
authority. (Suarez, 2005)

c. Decentralization of Power

Under RA 7160 (Local Government Code of 1991) the national government has
shared some of its powers and functions in various forms:

 Devolution - political powers are transfered by the national government to the

local government units.
 Deconcentration – administrative powers are transfered by the national
government to its departments, bureaus, offices, and even to some government
owned and controlled corporations.
 Debureaucratization – powers are shared to POs, NGOs, and to the civil society
which allow them to participate in governance.

B. POWERS AND FUNCTIONS OF THE GOVERNMENT

1. Legislative Branch (Article VI)

A legislature is a kind of deliberative assembly with the power to pass, amend, and
repeal laws. The law created by a legislature is called legislation or statutory law. In
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addition to enacting laws, legislatures usually have exclusive authority to raise or

lower taxes and adopt the budget and other money bills. Legislatures are known by
many names, the most common being parliament and congress, although these terms
also have more specific meanings.

In parliamentary systems of government, the legislature is formally supreme and

appoints a member from its house as the prime minister which acts as the executive. In
a presidential system, according to the separation of powers doctrine, the legislature is
considered an independent and coequal branch of government along with both
the judiciary and the executive.
The primary components of a legislature are one or more chambers or houses:
assemblies that can debate and vote upon bills. A legislature with only one house is
called unicameral. A bicameral legislature possesses two separate chambers, usually
described as an upper house and a lower house, which often differ in duties, powers,
and the methods used for the selection of members.

The Philippine Legislature is composed of the Senate and the House of

Representatives.

a. Senate

Composition

Twenty-four (24) senators elected at large. (Sec. 2, Article VI)

Qualifications

A Senator must be a (1) natural-born citizen of the Philippines (2) on the day of the
election, at least 35 years of age, (3) able to read and write, (4) a registered voter, and
(5) a resident of the Philippines for not less than two years immediately preceding the
day of the election. (Section 3, Article VI)

Term of Office

Six years, commencing at noon on the 30th day of the next following their election
provided that no Senator shall serve for more than two consecutive terms. Voluntary
renunciation of office for any length of time shall not be considered an interruption in the
continuity of his service for the full term for which elected (Section 4, Article VI).

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b. House of Representatives

Composition

Not more than 250 members, unless otherwise provided by law, consists of:

1. District representatives elected form legislative districts apportioned among the

provinces, cities and the Metropolitan Manila area.

2. Party-list representatives who shall constitute twenty per centum of the total number
of representatives elected through the party-list system. (Section 5, Article VI)

Qualifications

A member of the House of Representatives must be a (1) natural-born Filipino citizen,

(2) on the day of election, at least 25 years of age, (3) able to read and write, and, except
the party-list representatives, (4) a registered voter in the district in which he shall be
elected, and a resident thereof for not less than one year immediately preceding the day
of election.

Term of Office

A representative shall serve for three years, commencing at noon on the 30th day of
June next following their elections provided no representative shall serve for more than
three consecutive terms. (Section 7, Article VI)
Privileges: (1) Freedom from arrest and (2) Privilege of speech and of debate (Section
11, Article VI)

Privileges of Members (Sec. 11, Article VI)

Freedom from arrest

A Senator or Member of the House of Representatives shall, in all offenses punishable

by not more than six years of imprisonment, be privileged from arrest while Congress is
in session

Privilege of speech and debate

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No member shall be questioned nor be liable in any other place for any speech and
debate in Congress or in any committee thereof.

c. Powers

Legislative power - it is the power conferred by the Constitution to propose, enact,

amend and repeal laws.

d. Legislative Process

Bill preparation

The House Member (or the Congressman/woman) prepares and drafts the bill, or the
Bill Drafting Division of the Reference and Research Bureau does the same upon the
Member’s request. Bills and proposed resolutions are required to be signed by their
author or authors.

First reading

The bill is filed with the Bills and Index Service and the same is numbered and
reproduced. Three days after the filing, the same is included in the Order of Business
for First Reading. On First Reading, the Secretary General reads the title and number
of the bill. The Speaker then refers the bill to the appropriate committee/s.

Committee consideration or action

The Committee to which the bill was referred is tasked to evaluate and determine the
necessity of conducting public hearings. If public hearings are necessary, it schedules
the time thereof, issues public notices, and invites resource persons for the proposed
legislation. If there is no need to conduct public hearings, the bill is scheduled for
Committee discussions. Based on the results of the public hearings or Committee
Discussions, the Committee may introduce amendments, consolidate bills on the same
subject matter, or propose a substitute bill. It then prepares a corresponding Committee
Report. The Committee approves the Committee Report before its formal transmission
to the Plenary Affairs Bureau.

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Second reading

The Committee Report is registered and numbered by the Bills and Index Service. It will
be included in the Order of Business and referred to the Committee on Rules, which
then schedules the bill for consideration on Second Reading. Committee Reports are
prepared by the secretary of the Committee and duly approved by the Chairman, Vice-
Chairmen and members of the Committee. On Second Reading, the Secretary General
reads the number, title and text of the bill in the plenary session. The period of
sponsorship and debate and/or amendments may take place. Voting may be through
viva voce (verbal “aye” and “no” vote), counted by tellers, division of the House, or
nominal voting.

Third reading

The amendments, if any are engrossed or collated and printed copies are reproduced.
The engrossed bill is included in the Calendar of Bills for Third Reading. Copies of the
same are distributed to the House Members three days before its Third Reading. On
Third Reading, the Secretary General reads only the number and title of the bill. A roll
call or nominal voting is called. A Member is given three minutes to explain his/her vote
if he/she desires. Amendment of the bill is not allowed at this stage. The bill is approved
if majority of the House Members show an affirmative vote. If the bill is disapproved, it
is transmitted to the archives.

Transmittal to the Senate

The approved bill is sent to the Senate for its concurrence.

Senate action

The approved bill of the House undergoes the same legislative process in the Senate.

Conference committee

A conference committee is formed and is composed of both Members from each House
(Congress and Senate) to settle, reconcile, and thresh out differences on any provisions
of the bill. A Conference Committee report is prepared and signed by all conferees and
the Chairman. It is then submitted for consideration or approval of both Houses. Any
amendments are not allowed.

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Transmittal to the President

Copies of the bill signed by the Senate President and the Speaker of the House of
Representatives, and certified by both of the Secretary of the Senate and the Secretary
General of the House, are transmitted to the President.

Presidential action

If the bill is approved by the President, it is assigned an RA (Republic Act) number and
transmitted to the House where it originated. In case of a veto, the bill is transmitted to
the House where it originated, together with a message citing the reason for the veto.

Action on the approved bill

The bill is reproduced and copies are sent to the Official Gazette Office for publication
and distribution to implementing agencies. It is then included in the annual compilations
of Acts and Resolutions.

Action on vetoed bill

The message is included in the Order of Business. If the Congress decides to override
the veto, both Houses shall proceed separately to consider the bill or the vetoed item of
the bill. If two-thirds of the Members voted in favor of the bill, or its vetoed items, such
bill or items shall become a law

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Limitations

All appropriations, revenue or tariff bills, bills authorizing increase in public debt, bills of
local application, and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with amendments. (Sec. 23,
Article VI)

Every bill passed by Congress shall embrace only one subject which shall be expressed
in the title thereof. (Sec. 26, Article VI)

No bill passed by either House shall become a law unless it has passed three readings
on separate days, and printed copies thereof in its final form have been distributed to its
Members three days before its passage, except when the President certifies to the
necessity of its immediate enactment to meet a public calamity or emergency. Upon the
last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall
be taken immediately thereafter, and the yeas and nays entered in the Journal. (Section
27, Article VI)

e. Power of Appropriation

Congress has the spending power or the “power of the purse”.

Limitations

Congress may not increase the appropriations recommended by the President for the
operation of the Government as specified in the budget. (Section 25, Article VI)

The form, content, and manner of preparation of the budget shall be prescribed by law.
(Section 25, Article VI)

No provision or enactment shall be embraced unless it relates specifically to some

particular appropriation therein. Any such provision or enactment shall be limited in its
operation to the appropriation to which it relates. (Section 25, Article VI)

No law shall be passed authorizing any transfer of appropriations, however, the

President, the President of the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may, by law, be authorized to augment any item in
the general appropriation law for their respective offices from savings in other
items of their respective appropriations. (Section 25, Article VI)
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No public money or property shall be appropriated, applied, paid, or employed, directly

or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian
institution, or system of religion, or of any priest, preacher, minister, other religious
teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary
is assigned to the armed forces, or to any penal institution, or government orphanage or
leprosarium. (Sec. 29, Article VI)

f. Power of Taxation

Taxation is the act of levying the tax, i.e., the process or means by which the sovereign,
through its law-making body, raises income to defray the necessary expenses of the
government. It is merely a way of apportioning the cost if the government among those
who in some measures are privileged to enjoy its benefits and, therefore, must bear its
burdens. (71 Am Jur. 2nd 342; 1 Cooley 72-73).

Limitations (Section 28, Article VI)

The rule of taxation shall be uniform and equitable. The Congress shall evolve a
progressive system of taxation

The Congress may, by law, authorize the President to fix within specified limits, and
subject to such limitations and restrictions as it may impose, tariff rates, import and
export quotas, tonnage and wharfage dues, and other duties or imposts within the
framework of the national development program of the Government.

Charitable institutions, churches and personages or convents appurtenant thereto,

mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually,
directly, and exclusively used for religious, charitable, or educational purposes shall be
exempt from taxation.

g. Power of Legislative Investigation

 Inquiries in aid of legislation (Sec. 21, Article VI)

The Senate or the House of Representatives or any of its respective committees may
conduct inquiries in aid of legislation in accordance with its duly published rules of
procedure. The rights of persons appearing in, or affected by, such inquiries shall be
respected.
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 Question Hour (Sec. 22, Article VI)

The heads of departments may, upon their own initiative, with the consent of the
President, or upon the request of either House, as the rules of each House shall
provide, appear before and be heard by such House on any matter pertaining to
their departments. Written questions shall be submitted to the President of the
Senate or the Speaker of the House of Representatives at least three days before
their scheduled appearance. Interpellations shall not be limited to written
questions, but may cover matters related thereto. When the security of the State
or the public interest so requires and the President so states in writing, the
appearance shall be conducted in executive session.

Distinctions

A distinction has been made between the power to conduct inquiries in aid of legislation,
the aim of which is to elicit information that may be used for legislation, and the power
to conduct a question hour, the objective of which is to obtain information in pursuit of
Congress oversight function.

h. War Powers

The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting
separately, shall have the sole power to declare the existence of a state of war.

In times of war or other national emergency, the Congress may, by law, authorize the
President, for a limited period and subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a declared national policy. Unless
sooner withdrawn by resolution of the Congress, such powers shall cease upon the next
adjournment thereof.

i. Concurrence Power

Except in cases of impeachment, or as otherwise provided in this Constitution, the

President may grant reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgment.

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He shall also have the power to grant amnesty with the concurrence of a majority of all
the Members of the Congress. (Sec. 19, Article VII)

No treaty or international agreement shall be valid and effective unless concurred

in by at least two-thirds of all the Members of the Senate. (Sec. 21, Article VII)

j. Other powers

1. Power to call special elections for President and Vice President (Section 10, Article
VII)
2. Power to judge the Presidents physical fitness to discharge the functions of his office
(Section 11, Article VII)
3. Power to revoke or extend suspension of the privilege of the writ of habeas corpus or
declaration of martial law (Section 18, Article VII)
4. Power to concur certain appointments made by the President
5. Power of impeachment (Section 2, Article XI)
6. Power relative to natural resources (Section 2, Article XII)
7. Power to propose amendments to the Constitution (Section 1 and 2, Article XVII)

2. Executive Branch (Art. VII)

The executive branch is the part of government that has

sole authority and responsibility for the daily administration of the state. The division of
power into separate branches of government is central to the idea of the separation of
powers.

In many countries, the term "government" connotes only the executive branch.
However, this usage fails to differentiate between despotic and democratic forms of
government.

In authoritarian systems, such as a dictatorship or absolute monarchy, where the

different powers of government are assumed by one person or small oligarchy, the
executive branch ceases to exist since there is no other branch with which to share
separate but equal governmental powers.

The separation of powers system is designed to distribute authority away from

the executive branch—an attempt to preserve individual liberty in response to tyrannical
leadership throughout history. The executive officer is not supposed to make laws (the
role of the legislature) or interpret them (the role of the judiciary). The role of the

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executive is to enforce the law as written by the legislature and interpreted by the judicial
system.

a. The Philippine Executive Branch

It is headed by a President who is the head of the state as well as ot the government.

Qualifications:

(1) natural-born citizen of the Philippines,

(2) a registered voter,
(3) able to read and write,
(4) at least forty years of age on the day of the election, and a
(5) resident of the Philippines for at least ten years immediately preceding such election.
(Sec. 2 Article VII)

There shall be a Vice-President who shall have the same qualifications and term of office
and be elected with, and in the same manner, as the President. He may be removed
from office in the same manner as the President. (Sec. 3, Article VII)

Term of Office

The President and the Vice-President shall be elected by direct vote of the people for a
term of six years which shall begin at noon on the thirtieth day of June next following the
day of the election and shall end at noon of the same date, six years thereafter. The
President shall not be eligible for any re-election. No person who has succeeded as
President and has served as such for more than four years shall be qualified for election
to the same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of the service for the full term for which he was
elected (Sec. 4, Article VII).

Oath of Office

Before they enter on the execution of their office, the President, the Vice-President, or
the Acting President shall take the following oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties
as President (or Vice-President or Acting President) of the Philippines, preserve and
defend its Constitution, execute its laws, do justice to every man, and consecrate myself
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to the service of the Nation. So help me God." (In case of affirmation, last sentence will
be omitted.) (Sec. 5, Article VII)

Privileges (Sec. 6, Article VII)

The President shall have an official residence.

The salaries of the President and Vice-President shall be determined by law and shall
not be decreased during their tenure. No increase in said compensation shall take effect
until after the expiration of the term of the incumbent during which such increase was
approved. They shall not receive during their tenure any other emolument from the
Government or any other source.

Immunity from suit

In the case of In re: Bermudez, the Supreme Court expressly held that, incumbent
presidents are immune from suit or from being brought to court during the period of their
incumbency and tenure.

In Soliven v. Makasiar, where the Supreme Court stated that the rationale for the grant
to the President of the privilege of immunity from suit is to assure the exercise of
Presidential duties and functions free from any hindrance or distraction, considering that
being the Chief Executive of the Government is a job that, aside from requiring all of the
office-holder’s time, also demands undivided attention.
Executive privilege

Fr. Joaquin Bernas explained executive privilege as the power of the President
to withhold certain types of information from the courts, the Congress and
ultimately the public. The types of information include those which are of a nature
that disclosure would subvert military or diplomatic objectives, or information
about the identity of persons who furnish information of violations of law, or
information about internal deliberations comprising the process by which
government decisions are reached.

Prohibition and Inhibitions (Sec. 13, Article VII)

The President, Vice-President, the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this Constitution, hold any other office
or employment during their tenure. They shall not, during said tenure, directly or
indirectly, practice any other profession, participate in any business, or be financially
interested in any contract with, or in any franchise, or special privilege granted by the
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Government or any subdivision, agency, or instrumentality thereof, including

government-owned or controlled corporations or their subsidiaries. They shall strictly
avoid conflict of interest in the conduct of their office.
The spouse and relatives by consanguinity or affinity within the fourth civil degree of the
President shall not, during his tenure, be appointed as Members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including government-owned or controlled
corporations and their subsidiaries.

b. Presidential succession

Vacancy at the beginning of the term (Sec. 7, Article VII)

1. If the President-elect fails to qualify, the Vice President-elect shall act as President
until the President-elect shall have qualified.
2. If a President shall not have been chosen, the Vice President-elect shall act as
President until a President shall have been chosen and qualified.

3. If at the beginning of the term of the President, the President-elect shall have died or
shall have become permanently disabled, the Vice President-elect shall become
President.

4. Where no President and Vice-President shall have been chosen or shall have
qualified, or where both shall have died or become permanently disabled, the President
of the Senate or, in case of his inability, the Speaker of the House of Representatives,
shall act as President until a President or a Vice-President shall have been chosen and
qualified.

Vacancy during the term (Sec. 8, Article VII)

1. In case of death, permanent disability, removal from office, or resignation of the

President, the Vice-President shall become the President to serve the unexpired term.

2. In case of death, permanent disability, removal from office, or resignation of both the
President and Vice-President, the President of the Senate or, in case of his inability, the
Speaker of the House of Representatives, shall then act as President until the President
or Vice-President shall have been elected and qualified.

Temporary disability (Sec. 11, Article VII)

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1. Whenever the President transmits to the President of the Senate and the Speaker of
the House of Representatives his written declaration that he is unable to discharge the
powers and duties of his office, and until he transmits to them a written declaration to
the contrary, such powers and duties shall be discharged by the Vice-President as
Acting President.

2. Whenever a majority of all the Members of the Cabinet transmit to the President of
the Senate and to the Speaker of the House of Representatives their written declaration
that the President is unable to discharge the powers and duties of his office, the Vice-
President shall immediately assume the powers and duties of the office as Acting
President.

Thereafter, when the President transmits to the President of the Senate and to the
Speaker of the House of Representatives his written declaration that no inability exists,
he shall reassume the powers and duties of his office. Meanwhile, should a majority of
all the Members of the Cabinet transmit within five days to the President of the Senate
and to the Speaker of the House of Representatives, their written declaration that the
President is unable to discharge the powers and duties of his office, the Congress shall
decide the issue. For that purpose, the Congress shall convene, if it is not in session,
within forty-eight hours, in accordance with its rules and without need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if
not in session, within twelve days after it is required to assemble, determines by
a two-thirds vote of both Houses, voting separately, that the President is unable
to discharge the powers and duties of his office, the Vice-President shall act as
President; otherwise, the President shall continue exercising the powers and
duties of his office.

c. Powers of the President

Executive power - is the power to enforce and administer the laws. (National
Electrification Administration v. Court of Appeals). Executive power is more than the
sum of specific powers enumerated in the Constitution. It includes residual powers not
specifically mentioned in the Constitution. (Marcos v. Manglapus)

Power of Appointment

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It refers to the power to select, by the authority vested with the power, an individual who
is to exercise the powers of a given office. Section 16, Article VII specifically provides
that:

The President shall nominate and, with the consent of the Commission on
Appointments, (1) appoint the heads of the executive departments, (2) ambassadors,
other public ministers and consuls, or(3) officers of the armed forces from the rank of
colonel or naval captain, and (4) other officers whose appointments are vested in him in
this Constitution.

He shall also appoint (5) all other officers of the Government whose appointments are
not otherwise provided for by law, and (6) those whom he may be authorized by law to
appoint. The Congress may, by law, vest the appointment of other officers lower in rank
in the President alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.

Power of Removal

As a general rule, the power of removal may be implied from the power of appointment.
However, the President cannot remove officials appointed by him where the Constitution
prescribes certain methods for separation of such officers from public service. (Nachura,
Outline/Reviewer in Political Law)

Power of Control

The President shall have control of all the executive departments, bureaus, and offices.
He shall ensure that the laws be faithfully executed. (Sec. 17, Article VII)

The power of control is the power of an officer to alter, modify or set aside what a
subordinate officer had done in the performance of duties and to substitute the judgment
of the former-for the latter (Mondano v. Silvosa). An officer in control lays down the rules
in the doing of an act. If they are not followed, the officer may in his/ her discretion order
the act undone or re-done by the subordinate or the officer may even decide to do the
act himself/ herself. The officer may alter the wisdom of a law-conforming judgment
made by the subordinate.

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o Alter ego principle

Under this doctrine, which recognizes the establishment of a single executive, all
executive and administrative organizations are adjuncts of the Executive Department,
the heads of the various executive departments are assistants and agents of the Chief
Executive, and, except in cases where the Chief Executive is required by the
Constitution or law to act in person or the exigencies of the situation demand that he act
personally, the multifarious executive and administrative functions of the Chief Executive
are performed by and through the executive departments, and the acts of the
Secretaries of such departments, performed and promulgated in the regular course of
business, are, unless disapproved or reprobated by the Chief Executive, presumptively
the acts of the Chief Executive.

Power of Supervision

The President of the Philippines shall exercise general supervision over local
governments. It is the power of the President to see to it that local officers perform their
functions in accordance with law.
Military Powers (Sec. 18, Article VII)

Commander-in-Chief of the Armed Forces

“The President shall be the Commander-in-Chief of all armed forces of the
Philippines…”
Calling-out Power
“… and whenever it becomes necessary, he may call out such armed forces to prevent
or suppress lawless violence, invasion or rebellion.”

Suspension of the privilege of the writ of habeas corpus

“In case of invasion or rebellion, when the public safety requires it, he may, for a period
not exceeding sixty days, suspend the privilege of the writ of habeas corpus…”

Grounds: Invasion or rebellion, when public safety so requires it.

Duration: Not to exceed sixty days, following which it shall be lifted, unless extended
by Congress

The President has the duty to report action to Congress within 48 hours, personally or
in writing.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of
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the privilege of the writ or the extension thereof, and must promulgate its decision
thereon within thirty days from its filing

The suspension of the privilege of the writ shall apply only to persons judicially charged
for rebellion or offenses inherent in or directly connected with invasion. (Sec. 18, Article
VII)

The suspension of the privilege of the writ does not impair the right to bail (Sec. 13,
Article III)

During the suspension of the privilege of the writ, any person thus arrested or detained
shall be judicially charged within three days, otherwise he shall be released.

Martial law
“…or place the Philippines or any part thereof under martial law.”
A state of martial law does not suspend the operation of the Constitution, nor supplant
the functioning of the civil courts or legislative assemblies, nor authorize the conferment
of jurisdiction on military courts and agencies over civilians where civil courts are able
to function, nor automatically suspend the privilege of the writ.

Power of Executive Clemency

Except in cases of impeachment, or as otherwise provided in this Constitution, the

President may grant reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all
the Members of the Congress. (Sec. 19, Article VII)

o Pardon
refers to an act of grace which exempts the individual on whom it is bestowed from the
punishment that the law inflicts for the crime he has committed.

o Commutation
is the reduction or the mitigation of the penalty.

o Reprieve
is the postponement of a sentence or stay of execution.

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o Parole
is the release from imprisonment, but without full restoration of liberty, as parole is still
in the custody of the law although not in confinement.

o Amnesty
is an act of grace, concurred in by legislature, usually extended to groups of persons
who committed political offenses, which puts into oblivion the offense itself.

Limitations
1) Cannot be granted in cases of impeachment (Sec. 19, Article VII)
2) Cannot be granted in cases of violation of election laws without the
favorable recommendation of the Commission on Elections (Sec. 5, Article
IX-C)
3) Can be granted only after conviction by final judgment
4) Cannot be granted in cases of legislative contempt or civil contempt
5) Cannot absolve the convict of civil liability (People v. Nacional)
6) Cannot restore public offices forfeited (Monsanto v. Factoran)

Foreign Relation Power

The President as head of the state is the representative of the Philippines in

dealing with other states.

Power of Recognition

The Philippines may or may not extend recognition to a newly established state
or government. This right of recognition is inherent to a state. No one can compel
the Philippines to recognize a state or government even though they deserve
recognition. The exercise of the exclusive discretionary authority of extending
recognition by the President is beyond the expanded power of judicial review by
the judiciary, the same being a purely political question.

Power to Send and Receive Diplomatic Missions

Right of legation is an important attribute of a state. The Philippines as a

sovereign State may enter into a diplomatic relation with other State by sending
its diplomatic corps to receiving States and by receiving diplomatic corps by
sending States.

Power to Deport Alien

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The power to deport alien is an inherent right of the State. The power to deport
alien is lodged to the president of the Republic of the Philippines.

Power to Borrow or Guarantee Foreign Loan

The President may contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board, and subject to such
limitations as may be provided by law. The Monetary Board shall, within thirty days from
the end of every quarter of the calendar year, submit to the Congress a complete report
of its decision on applications for loans to be contracted or guaranteed by the
Government or government-owned and controlled corporations which would have the
effect of increasing the foreign debt, and containing other matters as may be provided
by law.

Power to Enter Treaty or International Agreement

The power to enter into a treaty or international agreement is an attribute of States. The
authorized representative of the states in concluding a treaty or international agreement
is the President subject to the power of concurrence by the senate.

Budgetary power

The President shall submit to the Congress, within thirty days from the opening of every
regular session as the basis of the general appropriations bill, a budget of expenditures
and sources of financing, including receipts from existing and proposed revenue
measures. (Sec. 22, Article VII)

Informing power

The President shall address the Congress at the opening of its regular session. He may
also appear before it at any other time (Sec. 23, Article VII)

3. Judicial Branch (Art. VIII)

The judicial power shall be vested in one Supreme Court and in such lower courts
as may be established by law (Sec. 1, Article VIII)

a. Judicial power

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Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable.

b. Judicial review

Power to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or instrumentality
of the Government.

Requisites of judicial review

1. Actual case/controversy
For a court to exercise its power of adjudication, there must be an actual case
of controversy — one which involves a conflict of legal rights, an assertion of
opposite legal claims susceptible of judicial resolution; the case must not be
moot or academic or based on extra-legal or other similar considerations not
cognizable by a court of justice.

2. Proper party
Actual case or controversy must be raised by a proper party. It refers to a
personal and substantial interest in the case such that the party has sustained
or will sustain direct injury as a result of the governmental act that is being
challenged.

3. Earliest possible opportunity

It must be raised at the earliest possible opportunity.

4. Constitutional or legal question must be necessary to the determination of the

case itself

This last requisite of judicial review is simply an offshoot of the presumption of validity
accorded the executive and legislative acts of our co-equal branches of the government.
Ultimately, it is rooted in the principle of separation of powers. Given the presumed
validity of an executive act, the petitioner who claims otherwise has the burden of
showing first that the case cannot be resolved unless the constitutional question he
raised is determined by the Court.

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It is a basic principle in constitutional adjudication that enjoins the court from passing
upon a constitutional question, although properly presented, if the case can be disposed
of on some other ground. In constitutional law terms, this means that we ought to refrain
from resolving any constitutional issue "unless the constitutional question is the lis mota
of the case (General v. Urro)

It is a well-settled maxim of adjudication that an issue assailing the constitutionality of a

governmental act should be avoided whenever possible. Succinctly put, courts will not
touch the issue of constitutionality unless it is truly unavoidable and is the very lis mota
or crux of the controversy (Francisco v. House of Representatives)

c. Appointment to the Judiciary (Sec. 7, Article VIII)

No person shall be appointed Member of the Supreme Court or any lower collegiate
court unless he is a natural-born citizen of the Philippines. A Member of the Supreme
Court must be at least forty years of age, and must have been for fifteen years or more,
a judge of a lower court or engaged in the practice of law in the Philippines.

The Congress shall prescribe the qualifications of judges of lower courts, but no person
may be appointed judge thereof unless he is a citizen of the Philippines and a member
of the Philippine Bar.

A Member of the Judiciary must be a person of proven competence, integrity, probity,

and independence.

d. Judicial and Bar Council (Sec. 8, Article VIII)

A Judicial and Bar Council is hereby created under the supervision of the Supreme Court
composed of the (1) Chief Justice as ex officio Chairman, the (2) Secretary of Justice,
and a (3) representative of the Congress as ex officio Members, a (4) representative of
the Integrated Bar, a (5) professor of law, a (6) retired Member of the Supreme Court,
and a (7) representative of the private sector.

The regular members of the Council shall be appointed by the President for a term of
four years with the consent of the Commission on Appointments. Of the Members first
appointed, the representative of the Integrated Bar shall serve for four years, the
professor of law for three years, the retired Justice for two years, and the representative
of the private sector for one year.

The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall
keep a record of its proceedings.
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The regular Members of the Council shall receive such emoluments as may be
determined by the Supreme Court. The Supreme Court shall provide in its annual budget
the appropriations for the Council.
The Council shall have the principal function of recommending appointees to the
judiciary. It may exercise such other functions and duties as the Supreme Court may
assign to it.

e. The Supreme Court

Composition

The Supreme Court shall be composed of a Chief Justice and fourteen Associate
Justices. It may sit en banc or in its discretion, in division of three, five, or seven
Members. Any vacancy shall be filled within ninety days from the occurrence thereof
(Sec. 4, Article VIII)

En banc cases
(1) All cases involving the constitutionality of a treaty, international or executive
agreement, or law, which shall be heard by the Supreme Court en banc, and

(2) all other cases which under the Rules of Court are required to be heard en banc,

(3) including those involving the constitutionality, application, or operation of presidential

decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be
decided with the concurrence of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.

(4) When the required number is not obtained, the case shall be decided en banc:
Provided, that no doctrine or principle of law laid down by the court in a decision
rendered en banc or in division may be modified or reversed except by the court sitting
en banc.

Division cases
Cases or matters heard by a division shall be decided or resolved with the concurrence
of a majority of the Members who actually took part in the deliberations on the issues in
the case and voted thereon, and in no case without the concurrence of at least three of
such Members

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Powers of the Supreme Court

Original jurisdiction
Exercise original jurisdiction over cases affecting ambassadors, other public ministers
and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and
habeas corpus.

Appellate jurisdiction
Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules
of Court may provide, final judgments and orders of lower courts in:

All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or
regulation is in question.

All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.

All cases in which the jurisdiction of any lower court is in issue.

All criminal cases in which the penalty imposed is reclusion perpetua or higher.

All cases in which only an error or question of law is involved.

Temporary assignment of judges

Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the
judge concerned.

Order change of venue of trials

Order a change of venue or place of trial to avoid a miscarriage of justice.

Rule-making power
Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the under-privileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish, increase, or modify
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substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.

Appointing power
Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law.

Power of administrative supervision

The Supreme Court shall have administrative supervision over all courts and the
personnel thereof.

f. Salaries
The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and
of judges of lower courts shall be fixed by law. During the continuance in office, their
salary shall not be decreased (Sec. 10, Article VIII)

g. Tenure of judges/justices
The Members of the Supreme Court and judges of the lower court shall hold office during
good behavior until they reach the age of seventy years or become incapacitated to
discharge the duties of their office. The Supreme Court en banc shall have the power to
discipline judges of lower courts, or order their dismissal by a vote of majority of the
Members who actually took part in the deliberations on the issues in the case and voted
in thereon (Sec. 11, Article VIII)

Periods of decision (Sec. 15, Article VIII)

All cases or matters filed after the effectivity of this Constitution must be decided
or resolved within twenty-four months from date of submission for the Supreme
Court, and, unless reduced by the Supreme Court, twelve months for all lower
collegiate courts, and three months for all other lower courts.

A case or matter shall be deemed submitted for decision or resolution upon the filing of
the last pleading, brief, or memorandum required by the Rules of Court or by the court
itself.

Upon the expiration of the corresponding period, a certification to this effect signed by
the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof
attached to the record of the case or matter, and served upon the parties. The

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certification shall state why a decision or resolution has not been rendered or issued
within said period.

Despite the expiration of the applicable mandatory period, the court, without prejudice
to such responsibility as may have been incurred in consequence thereof, shall decide
or resolve the case or matter submitted thereto for determination, without further delay.

C. Constitutional Commissions (Art. IX)

The independent constitutional commissions are the Civil Service Commission (CSC),
Commission on Elections (Comelec) and the Commission on Audit (COA).

Constitutional safeguards on the independence of the Commissions

1) They are constitutional created thus, may not be abolished by a statute.

2) Each is expressly described as independent
3) Each is conferred certain powers and functions which cannot be reduced by
a statute
4) The Chairpersons and members cannot be removed except through the
process of impeachment
5) The Chairpersons and members are given a fairly long term of office of seven
years
6) The salaries of the chairpersons and members are relatively high and may
not be decreased during their continuance in office
7) The Commissions enjoy fiscal autonomy
8) Each Commission may promulgate its own procedural rules, provided they do
not diminish, increased or modify substantive rights
9) The Chairpersons and members are subject to certain disqualifications
calculated to strengthen its integrity
10) The Commissions may appoint their own officials and employees in
accordance with Civil Service Law

Limitations (Sec. 2, Article IX)

(1) No member of a Constitutional Commission shall, during his tenure, hold any other
office or employment.
(2) Neither shall he engage in the practice of any profession or
(3) in the active management or control of any business which, in any way, may be
affected by the functions of his office, nor

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(4) shall he be financially interested, directly or indirectly, in any contract with, or in any
franchise or privilege granted by the Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations or their
subsidiaries.

Decisions (Sec. 7, Article IX)

Each Commission shall decide by a majority vote of all its Members, any case or matter
brought before it within sixty days from the date of its submission for decision or
resolution. A case or matter is deemed submitted for decision or resolution upon the
filing of the last pleading, brief, or memorandum required by the rules of the Commission
or by the Commission itself.

Unless otherwise provided by this Constitution or by law, any decision, order, or

ruling of each Commission may be brought to the Supreme Court on certiorari by
the aggrieved party within thirty days from receipt of a copy thereof.

a. Civil Service Commission

The civil service shall be administered by the Civil Service Commission.

Composition:

Chairman – 7 years
First Commissioners – 5 years
Second Commissioner – 3 years

Qualifications:

1) natural-born citizens of the Philippines and, at the time of their appointment,

2) at least thirty-five years of age,
3) with proven capacity for public administration,
4) must not have been candidates for any elective position in the elections
immediately preceding their appointment.

Powers and Functions:

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The civil service embraces all branches, subdivisions, instrumentalities, and agencies
of the Government, including government-owned or controlled corporations with original
charters.

Appointments in the civil service shall be made only according to merit and fitness to
be determined, as far as practicable, and, except to positions which are policy-
determining, primarily confidential, or highly technical, by competitive examination.

The Civil Service Commission, as the central personnel agency of the Government,
shall establish a career service and adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall
strengthen the merit and rewards system, integrate all human resources development
programs for all levels and ranks, and institutionalize a management climate conducive
to public accountability.

b. Commission on Election

Composition and Term of Office:

Chairman – 7 years
First – Third appointed Commissioners – 7 years
Fourth – Fifth Commissioners – 5 years
Last Commissioner – 3 years

Qualifications:

1) Natural-born citizens of the Philippines and, at the time of their appointment,

2) at least thirty-five years of age
3) holders of a college degree
4) must not have been candidates for any elective positions in the immediately
preceding elections.
However, a majority thereof, including the Chairman, shall be members of the Philippine
Bar who have been engaged in the practice of law for at least ten years.

Powers and Functions:

1) Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.

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2) Exercise exclusive original jurisdiction over all contests relating to the

elections, returns, and qualifications of all elective regional, provincial, and
city officials, and appellate jurisdiction over all contests involving elective
municipal officials decided by trial courts of general jurisdiction, or involving
elective barangay officials decided by trial courts of limited jurisdiction.
3) Decisions, final orders, or rulings of the Commission on election contests
involving elective municipal and barangay offices shall be final, executory, and
not appealable.
4) Decide, except those involving the right to vote, all questions affecting
elections, including determination of the number and location of polling
places, appointment of election officials and inspectors, and registration of
voters.
5) Deputize, with the concurrence of the President, law enforcement agencies
and instrumentalities of the Government, including the Armed Forces of the
Philippines, for the exclusive purpose of ensuring free, orderly, honest,
peaceful, and credible elections.
6) Register, after sufficient publication, political parties, organizations, or
coalitions which, in addition to other requirements, must present their platform
or program of government; and accredit citizens' arms of the Commission on
Elections. Religious denominations and sects shall not be registered. Those
which seek to achieve their goals through violence or unlawful means, or
refuse to uphold and adhere to this Constitution, or which are supported by
any foreign government shall likewise be refused registration.

c. Commission on Audit

Composition and Term of Office:

Chairman – 7 years
First commissioner – 5 years
Second commissioner – 3 years

Qualifications:
1) natural-born citizens of the Philippines
2) at the time of their appointment, at least thirty-five years of age
3) Certified Public Accountants with not less than ten years of auditing experience,
or members of the Philippine Bar who have been engaged in the practice of law
for at least ten years
4) must not have been candidates for any elective position in the elections
immediately preceding their appointment
At no time shall all Members of the Commission belong to the same profession.
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Powers and Functions:

The Commission on Audit shall have the power, authority, and duty to examine, audit,
and settle all accounts pertaining to the revenue and receipts of, and expenditures or
uses of funds and property, owned or held in trust by, or pertaining to, the Government,
or any of its subdivisions, agencies, or instrumentalities, including government-owned
or controlled corporations with original charters, and on a post- audit basis:

Constitutional bodies, commissions and offices that have been granted fiscal autonomy
under this Constitution;

Autonomous state colleges and universities;

Other government-owned or controlled corporations and their subsidiaries; and

Such non-governmental entities receiving subsidy or equity, directly or indirectly, from

or through the Government, which are required by law or the granting institution to
submit to such audit as a condition of subsidy or equity. However, where the internal
control system of the audited agencies is inadequate, the Commission may adopt such
measures, including temporary or special pre-audit, as are necessary and appropriate
to correct the deficiencies. It shall keep the general accounts of the Government and,
for such period as may be provided by law, preserve the vouchers and other supporting
papers pertaining thereto.

The Commission shall have exclusive authority, subject to the limitations in this Article,
to define the scope of its audit and examination, establish the techniques and methods
required therefor, and promulgate accounting and auditing rules and regulations,
including those for the prevention and disallowance of irregular, unnecessary,
excessive, extravagant, or unconscionable expenditures or uses of government funds
and properties.

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EXERCISES:

A. Essay
1. Explain the tripartite system of the Philippine government and the concept of the
separation of powers and checks and balances using diagrams/illustrations

2. Cite concrete examples how the legislative, executive and judicial branch checks and
balances the power of one another

3. Discuss how the power of judicial review reinforces the supremacy of the constitution

4. Compare the qualifications and privileges of the President, members of the Congress
and the Supreme Court

B. True or False. Write X if the statement is correct and Y if it is

incorrect.

__________ 1. A special election always precedes when vacancy occurs in the

office of the president
__________ 2. One of the qualifications of a COMELEC commissioner is that he
must be a lawyer and had been practicing law for at least 15 years.
__________ 3. A private individual could defy the government’s exercise of
eminent domain.
__________ 4. The COMELEC is composed of six memberships.
__________ 5. A CPA with an auditing experience of 5 years is qualified to be
appointed as commissioner in COA.
__________ 6. The first commissioner of COA serves for three years.
__________ 7. An ambassador who commits a criminal offense will be liable for
such offense before a court of first instance.
__________ 8. A decision handed down by the Supreme Court is no longer
appealable.
__________ 9. Commissioners of CSC are impeachable officials.
__________10. Disciplinary actions can be taken by the CSC to both elected and
appointed officials.

C. Identify the following:

__________ 1. An organization within the legislature where its function is to

confirm the appointments made by the president.
__________ 2. A non-career position usually occupied by a private secretary.

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__________ 3. A form of executive clemency which is the temporary

postponement of the execution of penalty.
__________ 4. A political exercise where the people directly propose or enact
law.
__________ 5. It is the transfer of political power from the national government
to the local government units.
__________ 6. The official lawyer of the government.
__________ 7. It is the basis of appointing career employees in the
government.
__________ 8. An executive clemency which set aside punishment of the
offense committed
__________ 9. He authored the 1991 Local Government Code.
__________ 10. An organization within the legislative branch where its function
is to settle election contest involving national elected officials.

D. Local Government (Art. X)

The territorial and political subdivisions of the Republic of the Philippines are the
provinces, cities, municipalities, and barangays. There shall be autonomous regions in
Muslim Mindanao and the Cordilleras as hereinafter provided.

The territorial and political subdivisions shall enjoy local autonomy.

The Congress shall enact a local government code which shall provide for a more
responsive and accountable local government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and referendum, allocate
among the different local government units their powers, responsibilities, and resources,
and provide for the qualifications, election, appointment and removal, term, salaries,
powers and functions and duties of local officials, and all other matters relating to the
organization and operation of the local units.

The President of the Philippines shall exercise general supervision over local
governments. Provinces with respect to component cities and municipalities, and cities
and municipalities with respect to component barangays, shall ensure that the acts of
their component units are within the scope of their prescribed powers and functions.

LGUs Sources of Income

Each local government unit shall have the power to create its own sources of revenues
and to levy taxes, fees and charges subject to such guidelines and limitations as the
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Congress may provide, consistent with the basic policy of local autonomy. Such taxes,
fees, and charges shall accrue exclusively to the local governments.

Local government units shall have a just share, as determined by law, in the national
taxes which shall be automatically released to them.

 (IRA Internal Revenue Allotment)

Local governments shall be entitled to an equitable share in the proceeds of the

utilization and development of the national wealth within their respective areas, in the
manner provided by law, including sharing the same with the inhabitants by way of direct
benefits.

 Share from National Wealth

Term of Office

The term of office of elective local officials, except barangay officials, which shall be
determined by law, shall be three years and no such official shall serve for more than
three consecutive terms. Voluntary renunciation of the office for any length of time shall
not be considered as an interruption in the continuity of his service for the full term for
which he was elected.

Local Legislative Body

Legislative bodies of local governments shall have sectoral representation as may be

prescribed by law.

Creation of LGUs

No province, city, municipality, or barangay may be created, divided, merged, abolished,

or its boundary substantially altered, except in accordance with the criteria established
in the local government code and subject to approval by a majority of the votes cast in
a plebiscite in the political units directly affected.

The Congress may, by law, create special metropolitan political subdivisions, subject to
a plebiscite as set forth in Section 10 hereof. The component cities and municipalities
shall retain their basic autonomy and shall be entitled to their own local executive and
legislative assemblies. The jurisdiction of the metropolitan authority that will thereby be
created shall be limited to basic services requiring coordination.
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Cities that are highly urbanized, as determined by law, and component cities whose
charters prohibit their voters from voting for provincial elective officials, shall be
independent of the province. The voters of component cities within a province, whose
charters contain no such prohibition, shall not be deprived of their right to vote for
elective provincial officials.

Local government units may group themselves, consolidate or coordinate their efforts,
services, and resources for purposes commonly beneficial to them in accordance with
law.

E. Special Local Bodies

The President shall provide for regional development councils or other similar bodies
composed of local government officials, regional heads of departments and other
government offices, and representatives from non-governmental organizations within
the regions for purposes of administrative decentralization to strengthen the autonomy
of the units therein and to accelerate the economic and social growth and development
of the units in the region.

AUTONOMOUS REGIONS

There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and geographical areas sharing common
and distinctive historical and cultural heritage, economic and social structures, and other
relevant characteristics within the framework of this Constitution and the national
sovereignty as well as territorial integrity of the Republic of the Philippines.

The President shall exercise general supervision over autonomous regions to ensure
that laws are faithfully executed.

All powers, functions, and responsibilities not granted by this Constitution or by law to
the autonomous regions shall be vested in the National Government.

The Congress shall enact an organic act for each autonomous region with the
assistance and participation of the regional consultative commission composed of
representatives appointed by the President from a list of nominees from multi-sectoral
bodies. The organic act shall define the basic structure of government for the region
consisting of the executive department and legislative assembly, both of which shall be
elective and representative of the constituent political units. The organic acts shall
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likewise provide for special courts with personal, family, and property law jurisdiction
consistent with the provisions of this Constitution and national laws.

The creation of the autonomous region shall be effective when approved by majority of
the votes cast by the constituent units in a plebiscite called for the purpose, provided
that only provinces, cities, and geographic areas voting favorably in such plebiscite shall
be included in the autonomous region.

The first Congress elected under this Constitution shall, within eighteen months from the
time of organization of both Houses, pass the organic acts for the autonomous regions
in Muslim Mindanao and the Cordilleras.

Within its territorial jurisdiction and subject to the provisions of this Constitution and
national laws, the organic act of autonomous regions shall provide for legislative powers
over:

Administrative organization;
Creation of sources of revenues;
Ancestral domain and natural resources;
Personal, family, and property relations;
Regional urban and rural planning development;
Economic, social, and tourism development;
Educational policies;
Preservation and development of the cultural heritage; and
Such other matters as may be authorized by law for the promotion of the general welfare
of the people of the region.

The preservation of peace and order within the regions shall be the responsibility of the
local police agencies which shall be organized, maintained, supervised, and utilized in
accordance with applicable laws. The defense and security of the regions shall be the
responsibility of the National Government.

ACCOUNTABILITY OF PUBLIC OFFICERS (ART. XI)

Public office is a public trust. Public officers and employees must, at all times, be
accountable to the people, serve them with utmost responsibility, integrity, loyalty, and
efficiency; act with patriotism and justice, and lead modest lives.

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The President, the Vice-President, the Members of the Supreme Court, the Members of
the Constitutional Commissions, and the Ombudsman may be removed from office on
impeachment for, and conviction of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or betrayal of public
trust. All other public officers and employees may be removed from office as provided
by law, but not by impeachment.

The House of Representatives shall have the exclusive power to initiate all cases of
impeachment.

A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution or endorsement by any Member
thereof, which shall be included in the Order of Business within ten session days, and
referred to the proper Committee within three session days thereafter. The Committee,
after hearing, and by a majority vote of all its Members, shall submit its report to the
House within sixty session days from such referral, together with the corresponding
resolution. The resolution shall be calendared for consideration by the House within ten
session days from receipt thereof.

A vote of at least one-third of all the Members of the House shall be necessary either
to affirm a favorable resolution with the Articles of Impeachment of the Committee,
or override its contrary resolution. The vote of each Member shall be recorded.

In case the verified complaint or resolution of impeachment is filed by at least one-third

of all the Members of the House, the same shall constitute the Articles of Impeachment,
and trial by the Senate shall forthwith proceed.

No impeachment proceedings shall be initiated against the same official more than once
within a period of one year.

The Senate shall have the sole power to try and decide all cases of impeachment.
When sitting for that purpose, the Senators shall be on oath or affirmation. When the
President of the Philippines is on trial, the Chief Justice of the Supreme Court shall
preside, but shall not vote. No person shall be convicted without the concurrence of
two-thirds of all the Members of the Senate.

Judgment in cases of impeachment shall not extend further than removal from office
and disqualification to hold any office under the Republic of the Philippines, but the party
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convicted shall nevertheless be liable and subject to prosecution, trial, and punishment,
according to law.

The Congress shall promulgate its rules on impeachment to effectively carry out the
purpose of this section.

A. Sandiganbayan

The present anti-graft court known as the Sandiganbayan shall continue to function
and exercise its jurisdiction as now or hereafter may be provided by law.

B. Ombudsman

There is hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy
each for Luzon, Visayas, and Mindanao. A separate Deputy for the military
establishment may likewise be appointed.

The officials and employees of the Office of the Ombudsman, other than the Deputies,
shall be appointed by the Ombudsman, according to the Civil Service Law.

The existing Tanodbayan shall hereafter be known as the Office of the Special
Prosecutor. It shall continue to function and exercise its powers as now or hereafter may
be provided by law, except those conferred on the Office of the Ombudsman created
under this Constitution.

The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and
at the time of their appointment, at least forty years old, of recognized probity and
independence, and members of the Philippine Bar, and must not have been candidates
for any elective office in the immediately preceding election. The Ombudsman must
have, for ten years or more, been a judge or engaged in the practice of law in the
Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions
as provided for in Section 2 of Article 1X-A of this Constitution.

The Ombudsman and his Deputies shall be appointed by the President from a list of at
least six nominees prepared by the Judicial and Bar Council, and from a list of three

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nominees for every vacancy thereafter. Such appointments shall require no

confirmation. All vacancies shall be filled within three months after they occur.

The Ombudsman and his Deputies shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions, and they shall receive the same salary
which shall not be decreased during their term of office.

The Ombudsman and his Deputies shall serve for a term of seven years without
reappointment. They shall not be qualified to run for any office in the election
immediately succeeding their cessation from office.

The Ombudsman and his Deputies, as protectors of the people, shall act promptly on
complaints filed in any form or manner against public officials or employees of the
Government, or any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations, and shall, in appropriate cases, notify the
complainants of the action taken and the result thereof.

The Office of the Ombudsman shall have the following powers, functions, and duties:

 Investigate on its own, or on complaint by any person, any act or omission of any
public official, employee, office or agency, when such act or omission appears to
be illegal, unjust, improper, or inefficient.

 Direct, upon complaint or at its own instance, any public official or employee of
the Government, or any subdivision, agency or instrumentality thereof, as well as
of any government-owned or controlled corporation with original charter, to
perform and expedite any act or duty required by law, or to stop, prevent, and
correct any abuse or impropriety in the performance of duties.

 Direct the officer concerned to take appropriate action against a public official or
employee at fault, and recommend his removal, suspension, demotion, fine,
censure, or prosecution, and ensure compliance therewith.

 Direct the officer concerned, in any appropriate case, and subject to such
limitations as may be provided by law, to furnish it with copies of documents
relating to contracts or transactions entered into by his office involving the
disbursement or use of public funds or properties, and report any irregularity to
the Commission on Audit for appropriate action.

 Request any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary, pertinent records
and documents.
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 Publicize matters covered by its investigation when circumstances so warrant

and with due prudence.

 Determine the causes of inefficiency, red tape, mismanagement, fraud, and

corruption in the Government and make recommendations for their elimination
and the observance of high standards of ethics and efficiency.

 Promulgate its rules of procedure and exercise such other powers or perform
such functions or duties as may be provided by law.

The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly released.

The right of the State to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees, shall not be barred by
prescription, laches, or estoppel.

No loan, guaranty, or other form of financial accommodation for any business purpose
may be granted, directly or indirectly, by any government-owned or controlled bank or
financial institution to the President, the Vice-President, the Members of the Cabinet,
the Congress, the Supreme Court, and the Constitutional Commissions, the
Ombudsman, or to any firm or entity in which they have controlling interest, during their
tenure.
A public officer or employee shall, upon assumption of office and as often thereafter as
may be required by law, submit a declaration under oath of his assets, liabilities, and net
worth. In the case of the President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, the Constitutional Commissions and other constitutional
offices, and officers of the armed forces with general or flag rank, the declaration shall
be disclosed to the public in the manner provided by law.

Public officers and employees owe the State and this Constitution allegiance at all
times and any public officer or employee who seeks to change his citizenship or
acquire the status of an immigrant of another country during his tenure shall be dealt
with by law.

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Lesson 4
Bill of Rights

https://www.youtube.com/watch?v=KaLzPN-9n70&feature=youtu.be

Art III
Bill of Rights
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.

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.

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.

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.

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.

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.

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
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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.

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.

Section 9. Private property shall not be taken for public use without just compensation.

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

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.

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 Sec. 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,
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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.

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

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.

Section 19.

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.

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.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

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.

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

MUST REMEMEBER:

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SEC 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.”

Right to Life- this includes the right of an individual to his body in its completeness. It is
also the right to be alive or the security against physical harm

Right to Liberty – it is guaranteed under the due process, it is the liberty regulated laws. A
person is free to act but he may exercise to act but only in the manner as not to injure the
rights of others

Right to Property- this right includes anything that can come under the rig hog ownership
and be subject of contract.

Due Process is defined under the constitution as – A law which hears before it condemns, which
proceeds upon inquiry and renders only judgment after legal trial. There are two aspects of due
process: (a) Substantive Due Process is a due process where it requires intrinsic validity of law in
interfering with the rights of the person to his life, liberty, or property. It requires that the law must
be reasonable.; (b) Procedural Due Process is defined as on which hears before it condemns,
which proceeds upon inquiry and renders judgment only after trial.

Equal Protection of the Laws

Means that all persons or things similarly situated should be treated like both as to the rights
conferred and responsibilities which is embraced in the concept of justice and fair trial. Equal
protection likewise requires that all person or things similarly situated should be treated aike, both
as rights conferred and responsibility imposed.

The requirements for Equal Protection of Laws

1. It must be based upon substantial distinction

2. It must be germane for the purpose of the law.
3. It is not confined to existing conditions
4. It must apply equally to all members of the same class.
SEC 2 Arrest and Search Warrants

Search Warrant is an order in writing, issued in the name of the people of the
Philippines, signed by a judge, and directed to a peace officer, commanding him or
her search for personal property and bring it before the court

Arrest Warrant is an order in writing, issued in the nae of the people of the Philippines,
signed by a judge, and directed to a peace officer, commanding him or her to arrest
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a person designated and take him into custody of the law in order that he or she may
be bound t answer for the commission of an offense.

The following are the requisites of a Valid Warrant

a. There must be a probable cause to be personally determined by the Judge;

there is a sufficient evidence to induce a cautions man to the issuance thereof;
b. it must be made after examination under oath or affirmation of the complaint
and the witness he may produce.
c. Particularly describing the place to be searched and the person to be seized;
the description of a place to be search with a warrant with a reasonable effort
to ascertain and identify the place intended.
Properties Subject to Seizure under Rule 126 (2)

1. Property subject to the offenses

2. Property Stolen or embezzled and other proceed or fruits of the offense
3. Property use or intended to be used as the means of committing offense
Requisites of a Warrantless Searches and Seizures

1. When a person has in fact just committed, is actually committing, or is

attempting to commit the offence in his presence ; IN FLAGRANTE DELICTO
2.
3. When an offense has in fact been committed and has personal knowledge of
facts indicating that the person to be arrested has committed to it.

IN HOT PURSUIT cases, the police officer MUST have PERSONAL

KNOWLEDGE or REASONABLE GROUNDS of suspicion, based on
actual facts, that the person to be arrested is probably guilty of
committing the crime.
4. Fugitive or escaped from a penal establishment
SEC 3 The following are the only authorized Taps to be admissible before the Court

1. Treason
2. Espionage
3. Provoking war or disloyalty in case of war
4. Piracy and or Mutiny
5. Sedition and or Conspiracy for committing an illegal act
6. Kidnapping
Freedom of Speech, under the freedom of speech, the state only protects the speech
SEC 4
that are Political speech, provided that the said speech which is used to advocate
must not be acted and invite any provocation that might lead to physical commotion;
the government may forbid “incitement”—speech “directed at inciting or
producing imminent lawless action” and “likely to incite or produce such action” (such
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as a speech to a mob urging it to attack a nearby building). But speech urging action
at some unspecified future time may not be forbidden

The state must always take into consideration of the following to determine the
exercise of Freedom of Speech are the following:

(1) Clear and Present Danger Rule for a curtailment to exist and suppressed by the
state, a substantive clear and present danger must exist citing the case “The First
Amendment does not protect speech that fails to contribute to the exchange of ideas
that is crucial in a democracy—for instance, libel, obscenity, and “fighting words”—
defined as insults of the kind likely to provoke a physical fight”.;

(2) The Doctrine of Chilling Effect1 was like wise adopted stating: ´ The Supreme
Court has held that “debate on public issues should be uninhibited, robust, and wide-
open.” Offensive speech is less detrimental than the “chilling effect” of individuals
being silenced for fear of retribution. Nevertheless, freedom of speech is not absolute.
Governments can regulate or restrict it under certain conditions.”;

(3) Dangerous Tendency Test which states, “to produce evil which the state has the
right to suppress by curtailing and suppressing one’s speech.”
The Freedom of Speech likewise extends its protection over Symbolic Speech which
is sometimes expressed upon wearing bands on the wrists or shoulders, putting the
fire on places to signify its disagreement, further the hate speech and Political
Commercial Speech.

Freedom of Press, the court adopted the Doctrine of Prior Restrain in cases involving
the violation of the freedom of press; it states that “Allowing the state to suppress a
“malicious, scandalous and defamatory” publication as a “public nuisance”—in this
case, an abusively anti-Semitic periodical.”

(c) whether the work, taken as a whole, lacks serious literary, artistic, political, or
scientific value.", In Addition thereto, The Court cautioned, however, that the
distribution of materials containing sexuality in the context of art, literature, or science
is not per se prohibited under the obscenity statute if it can be shown to advance
human knowledge or understanding.

In Cases of Media Privilege – Reporters have privileges that the public lacks: greater
access to the workings of government, the ability to question officeholders, legal
protection from revealing confidential sources, and access to government public

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information offices that feed them quotations and stories. But such privileges stem
from policy and practice, not from constitutional rights. Further, in order to win this
type of lawsuit (government or private individual) , the plaintiff must show that the
article or advertisement was both untrue , published with actual malice or reckless
disregard for the truth.
SEC 5
(1) Establishment Clause, tries to keep religion out of government; the free exercise
clause tries to keep government out of religion. The two objectives are not always
compatible for some existing policy/ies violated the free exercise clause by
discriminating against religious organization;

(2) Lemon Test Doctrine, which states that the requisites to tow a tower between the
state and church (a) it must have a secular legislative purpose; (b) it must not have
primary effect of advancing or inhibiting religion; and (c) it must not result in excessive
government entanglement in religion.

The state must always have to respect the right to believe and free exercise of religion
of all of its citizens.
This right guarantees the individual to choose one’s residence to leave it whenever
SEC 6
he pleases and to travel where he wills.

The limitations are the following:

a. Liberty of Abode upon lawful order of the court
b. Liberty of Travel, when National security, Public Safety or Public health is at
risk

Who are those that may be restricted by the court in relation to its Right to Liberty of
Abode
a. A person facing criminal charges in cases it failed to return
b. A lessee may be judicially ejected for violations of his contract duties
c. A judge may prevent a person from entering certain premises under dispute
or declared of limits by authorities.

Restrictions on Liberty of Travel

a. Health officers may restrict access to contaminated areas and also quarantine
those already exposed to the disease
b. Threat of natural calamities where individuals are not allowed to enter certain
areas of the country
c. Thereat of insurgency in some areas of a country where fighting is present.
The constitution expressly recognizes that the people are entitled that to information
SEC 7
on matters of public concern and thus expressly granted access to official records,
as well as documents of official acts or transactions, or decisions, subject to such
limitations imposed by law. Limitation arises when the information includes the

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defense strategies of the Philippines and close door meetings of the Executive
department.
This right gives both private and public worker unions to be formed and to conduct
SEC 8
strike if necessary under the conditions of fairness related to their respective works
(Sec 3 of Art XIII). However, it should be accorded through lawful means as stipulated
under the constitution.
Expropriation- this is a private property that is removed from its lawful owner through
SEC 9
proceedings of Law
Eminent Domain
a. Public Use which must be directly available to the general public matter of right.
Take note that the churches and other religious properties are also subject to
expropriation notwithstanding the Separation of Church and State.
b. There must be a JUST COMPENSATION which is a full and fair equivalent of the
property taken from the private owners by the state. This is to indemnify the
owner for the loss he has sustained as a result of the expropriation.
No contracts shall be passed that diminishes the efficacy of contract between two
SEC 10
parties.
This provision of the laws gives the plaintiff who has not enough income or property
SEC 11
to or resources free access to law and quasi-judicial body. The government is
deemed to give legal assistance to satisfy the plaintiff’s right to counsel
SEC (12)
SEC 12,
13, 14, 16,
Custodial Investigation is when the “MIRANDA RIGHTS” will be read, remember that
17, 18, 19
during this stage the person being asked is not yet an “accused” they are mere
persons of interest.
(Rights of
the Under the Miranda Rights the following should be read :
Accussed) A. Right to be Informed of the crime being charged upon them; the nature and the
cause of the accusation levied against them, this will help the defense an
adequate time to prepare.

B. Right to remain silent

C. Right to an Independent Counsel (Lawyer)

D. In cases where the person of interest cannot or does not have any lawyer, the
State shall provide on competent counsel therefore;
Police Lawyers and “Special” Lawyers are not allowed, Lawyers should be
coming from the Public Attorney’s Office (PAO)

E. In cases where the person of interest refused to an attorney, a waiver shall be

signed in the presence of a counsel
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F. This is based under RA 7439 ( Any person under arrested, detained or under
custodial investigation shall be AT ALL TIMES BE ASSISTED BY A
“COUNSEL”

SEC (13)

When can the accused avail their right of Bail (there must be a VOLUNTARY
SURRENDER)
A. When the crime committed is NOT PUNISHABLE BY RECLUSION
PERPETUA, LIFE IMPRISONMENT, OR DEATH the Right to bail can be
granted;

B. When the Crime is committed and is punishable by Reclusion Perpetua, Life

Imprisonment, or Death; the court will have the discretion to decide whether to
grant or deny the bail

C. Humanitarian Conditions considers the OLD AGE OF THE ACCUSED,

HEALTH CONDITION

IMPLICIT LIMITATION on right to bail

1. The person claiming the right must be under ACTUAL detention
2. It is only applicable in Criminal Cases
3. It is not recognized and available in the military.

SEC (14)

Preponderance of Guilt: “EVERY IS INNOCENT unless otherwise proven GUILTY”

Presumption of Innocence
1. Accused individual is presumed innocent of a crime until it is proven
2. It is the responsibility of the prosecution to establish the defendant’s guilt
beyond reasonable doubt
3. Conviction will rely not on the weakness of the defense of the individual on
trial but by the strength of evidence of the prosecution.

Right to be Heard and its Elements

1. Right of the Accused to be presented in trial
2. Right to an assistance of a counsel
3. Right to an Impartial Judge (Fair and not Bias)
4. Right of Confrontation
5. Right to compulsory process to secure the attendance of the witness

GEED 20023: Politics, Governance and Citizenship

Compiled by: Dr. Florenda Santos Frivaldo and Mr. Lemuel N. Damole

FOR PUP SAN JUAN ONLY

 91

SEC (16)

Speedy Disposition of Cases aims to combat the perennial problem “ Justice Delayed
is Justice Denied.” The following are the prescribed time for the decision or resolution
of cases:
(A) Twenty four hours in case of the Supreme Court
(B) Three months for all other lower courts

SEC (17)

Rights against Self-Incrimination

It is the constitutional right of a person to refuse answer questions or otherwise
give testimony against himself or herself which will subject him/her to an
incrimination. Incrimination is defined either to a testimony (Documents or Physical
such as your hand writing) which would implicate himself in a crime.

Who can invoke:

A. Accused
B. Witness(es)

SEC (18)

Involuntary Servitude is the condition of one who is compelled by force, coercion or

imprisonment, and against his will, to labor for one another, where paid or not.

Exceptions when can an Involuntary Servitude be allowed:

A. Punishment of a crime whereof the party shall have been duly convicted;
B. Service in the Military in defense of the State or Civil Service
C. Naval or Marine Establishment
D. Service Apprehension of criminals
E. Return to work Order in cases that the Public Interest os affected
F. Patria Potestas – Minors are obliged to obey their parents as long as they are
under parental power and to observe respect and reverence toward them,
regardless of the age.

SEC (19)

MERE FINES AND IMPRISONMENT are not violative of the above sections, what
is prohibited are inhuman and barbarous and shocking to the conscience penalty.with
regard to the imposition of fines, it is within the courts obligation to fix the amount to
be imposed considering the wealth or means of the culprit.

GEED 20023: Politics, Governance and Citizenship

Compiled by: Dr. Florenda Santos Frivaldo and Mr. Lemuel N. Damole

FOR PUP SAN JUAN ONLY

 92

Non suspension of the PRIVILEGE of the Writ of Habeas Corpus

SEC 15
Writ of Habeas Corpus is a writ directed to the person detaining another,
commanding him to produce the body of the prisoner who is illegally detained in a
designated time and play with day and cause of his caption and detention who issued
and granted the Writ. The detention can either be done by the government or private
individuals.

Cases WHEN TO SUSPEND THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS

1. Existence of Rebellion or Actual Invasion
2. When the Public Safety requires it.
EXCEPTIONS UNDER IMPRISONMENT applies in cases where there is an intent to
SEC 20
cause fraud, there is an intention of a false pretense and under BP 22 (Issuance of
Bouncing Checks)
Double Jeopardy is strictly prohibited for the prosecution against of any person for a
SEC 21
crime for which he has previously been acquitted or convicted.

Requisites to invoke Double Jeopardy

A. There must be an existing complaint or information that will place the accused
under double jeopardy
B. Must be filed before a competent court— meaning a court with Jurisdiction
C. There must be a Valid Plea- the accused have already either plead guilty or not
guilty of the same crime during arraignment
D. Termination of the Case
Ex post Facto Law
SEC 22

Instances when Ex Post Facto will only be applicable:

(A) Must refer to criminal matters
(B) Retroactive in application
(C) Favorable to the accused

Bill of Attainder means — acts that inflicts punishments without trial, its being
substitution of legislative and judicial determination.

GEED 20023: Politics, Governance and Citizenship

Compiled by: Dr. Florenda Santos Frivaldo and Mr. Lemuel N. Damole

FOR PUP SAN JUAN ONLY

 93

REFERENCES/BIBLIOGRAPHY

Aruego, J and Aruego-Torres, G.(1981). Principle of Political Science:

Dannug, R. and Campanilla, M. (2003) Politics, Governance and Government with

Philippine Constitution

Jackson, R. and Jackson, D. (2001) A Comparative Introduction to Political Science,

Pearson Education Asia Pte Ltd.

Mendoza, M. (2004) Trinitas Publishing, Inc., Meycauayan, Bulacan

University Book Supply, INC, Manila Philippines

Pia, Z. and Gatchalian, C. (1999), Politics and Governance with Philippine Constitution

SCRA

Zaide, S. (1996) Political Science, All-Nations Publishing Co., Inc.

GEED 20023: Politics, Governance and Citizenship

Compiled by: Dr. Florenda Santos Frivaldo and Mr. Lemuel N. Damole

FOR PUP SAN JUAN ONLY