Philippine
Constitution and Political Science
Licensure
Examination for Teachers (LET) Handout Reviewer
Prepared
and Compiled by: Mr. Rhey Mark H. Diaz, T1
BSEd
Social Studies, Lic. No. 1334242, Exp. June 2020
Political
Science
• Political
Science – is the study of the polis. It is a specialized
study of the state, its government and politics
What are the basic concepts of politics?
• Order
– is the primary thrust of politics as it seeks to understand how human
life in the aggregate is ordered
• Power
– getting others to comply “by creating the prospect of severe sanctions
for noncompliance”
• Justice
– it is the application of power towards interest and not just of for the
few who rule
What is Political Ideology?
• Ideology
-
is the basic and general plan to improve the
society integrated within the group or society itself.
-
It is a system of beliefs about politics with
specific proposals but with general ideas of society aimed at curing its
perennial ills.
How are ideologies classified?
Conservatism
-
an ideology that preaches the system basically
unchanged
-
To conserved, though, does not say that things
absolutely should not change
Liberalism
-
Holds that human beings, by themselves, are
reasonable and rational enough to be capable of improving a particular
political system
-
All men and women to exercise reason, work for a
better life, and make their own choices
-
John Locke, the most influential liberal, believed
that human have the right to life liberty and property
-
Liberal is derived from Latin, liber meaning
free and therefore, society should be as free as possible from government
interference
Socialism
-
Concern for the suffering caused by human
exploitation of other humans
-
Is a system of social organization that advocates
the ownership and control of industry, capital, and land
Fascism
-
Advocates a totalitarian system led by a dictator
and emphasizes an aggressive nationalism and most often, racism
-
Means complete control on the part of the
government over the lives of its citizens
-
State is characterized by absolute discipline, by a
ruling group
-
Use of violent means of pursuing power
What is a State?
• State
-
Is composed of “people who live in a certain
territory where they are sovereign, and with their own government
-
Organization that has a number of political
functions and tasks, including providing security, extracting revenues, and
forming rules for resolving disputes and allocating resources
Origins of a State
• Divine
Right Theory – it holds that the state is of divine creation and
the ruler is ordained by God to govern the people
• Force
Theory - it
maintains that states must have been created through force
• Paternalistic
Theory – it attributes the origin of states to the enlargement
of the family which remained under the authority of the father or mother
• Social
Contract Theory – asserts that the early states must have been
formed by deliberate and voluntary compact among the people to form a society
and organized government
What are the Elements of a State?
• Territory – it
is the extent of land belonging to the state
• People
– it is a mass of population living within the state
• Government
– it is an agency through which the will of the state is formulated,
expressed, and carried out
• Sovereignty
– It is the power of the state to command and enforce obedience.
How is a state distinguished from a nation or
government?
• Government – is
only an element of a state, as such may change from time to time
• State – has
some degree of permanence; political concept
• Nation
– is racial in nature, bound by a common race or language as well as
customs and traditions
What is a government?
• Government
-
is an institution that has the power to make laws
and enforce these on certain territories, people and other organizations
-
It derived from latin word gubernaculum which
means a rudder used to steer, control, or direct
What are the common forms of government?
• According
to the number of persons in whom sovereignty resides
-
Monarchy (Rule of One). A form
of government in which the supreme and final authority resides in one person,
whose word considered as law. I could be:
-
Absolute Monarchy
-
Limited Monarchy / Constitutional Monarchy
-
Aristocracy (Rule by the Few). A
government in which the political power belongs to the elite of the society who
have that high social status, wealth and political power of hereditary nobility
-
Democracy (Rule of the Many). A form of government
in which the supreme political power is exercised by a majority of the people.
It could be;
-
Direct
-
Indirect (Republican or representative)
• According
to the distribution of Powers of the Central Government;
-
Unitary – a form of government in which the control of the
national government and of local affairs is exercised by the central government
or national government
-
Federal – a form of government in which the powers of the
government are distributed between central government and the local government,
each organ being supreme within its own political sphere
• According
to the relationship of the legislature and the executive braches of the
government;
-
Parliamentary – a type of government
characterized by a fusion of powers of the executive and the legislative
branches
-
Headed by a Prime Minister
-
Presidential – is a type of government
is characterized by weak ties between the legislative and the executive
branches, and by the shifting balance of power
-
What is constitution?
Constitution
-
Is the fundamental law of the land
-
Is a written instrument by which the fundamental
powers of the government are established, limited and defined
-
Classifications
of Constitution
-
Written and Unwritten
-
Cumulative and Conventional
-
Rigid and Flexible
What are the essential parts of a Constitution?
• Constitution
of Liberty – contains a series of prescriptions setting forth
the fundamental, civil, and political right of the citizens
• Constitution
of Government – which contains a series of provisions outlining
the organization of the government, enumerating its powers and laying down the
rules relative to its administration
• Constitution
of Sovereignty – which includes provisions pointing out the mode
of procedure of amending or revising the fundamental law of the land
How can the constitution be changed?
• Constituent
Assembly – the congress may convene it self into a constituent
assembly but a simple vote of majority –requires the vote of ¾ of its members
of affect amendment
• Constitutional
Convention – Congress may call for a constitutional convention
by the vote of 2/3 of all its members
• People’s
Initiative – people may directly propose changes of the constitution upon the petition of at
least 12% of all registered voters, represented by at least 3% of all
registered voters in every legislative district
Philippine Constitutions
• 1899
Constitution (Malolos Constitution)
-
Which provided for the establishment of a
Philippine Republic
• 1935
Constitution
-
Chairman of the 1934 Constitutional Convention:
Claro M. Recto
-
Tydings-McDuffie – Philippine Independence Act
-
Approval of US Franklin Delano Roosevelt – March
23, 1935
-
Ratifies by the Filipino people – May 14, 1935
• 1973
Constitution
-
Chairmen of the 1971 ConCon – former Presidents
Carlos P. Garcia and Diosdado P. Macapagal
-
Passing of Resolution No. 2 of both houses,
authorizing the holding of a constitutional convention of 1971 – March 16, 1971
-
November 30, 1972: Signing of the proposed
Constitution
-
1987 Constitution
-
Cecilia Muñoz-Palma : Chairperson of the 1986
ConCon
-
April 23, 1986: Promulgation of Proclamation No. 9
“Law Governing the Constitutional Commission of 1986
-
October 12, 1986 – proposed Constitution was
approved by the Constitutional Commission
-
February 02, 1987: Ratified by the Filipinos
Basic Principles of the 1987 Constitution
• Recognition
of the aid of Almighty God
• Sovereignty
of the people
• Renunciation
of war as an instrument of National Policy
• Separation
of church and state
• Supremacy
of the civilian authority over the military
• Recognition
of the importance of family
• Guarantee
of human rights
• Separations
of powers
• Government
through suffrage
• Guarantee
of local autonomy
• Independence
of the judiciary
• High
sense of public service morality and accountability of public officers
• Nationalization
of natural resources and certain private enterprises affected with public
interest
• Government
of laws not of men
• Rule
of the majority
What is public opinion?
• Public
Opinion
-
Is commonly referred to as “the sum of private
opinions”
-
It is a collective view held by the people in
response to a given issue
-
It can be powerful or influential enough, though
the views may or may nor necessarily be representative of the views of all the
people
What is suffrage?
• Suffrage
-
Is the right and obligation to vote in the election
of government officers and in the decisions of public questions submitted to
the people
What does suffrage include?
• Election –
refers to the selection, by the people serving as the electorate, of persons as
candidates for public offices for fixed period
• Recall – is
a method by which an elected official may be removed from office even before
the expiration of his/her fixed term
• Plebiscite –
refers to the submission of political issues “concerning more permanent changes
in the political structure to a popular vote for approval or rejection
• Referendum – is
referring a piece of legislation passed by the government to the voting public
for their ratification or rejection
- it differs from a referendum because its results
are not binding
• Initiative – is
the process by which the people directly propose laws.
What makes a person a qualified voter?
• Citizenship –
only citizens, whether natural-born or naturalized, can enjoy the privilege of
voting
• Residence
– prescribes at least one year of residence, and six months immediately
preceding the election, in the place the citizen propose to vote
• Age – at least
18 years old of age
Is there such a thing as absentee voting?
• Overseas
Absentee Voting Law (RA 9189)
-
clearly suggests that any Filipino citizen who, by
force of circumstance, has to be abroad for work or residence should also be
given the right to vote even in a foreign land
What is an interest group?
• Interest
Group
-
is any group organized or unorganized that makes
certain claims upon other groups in the society for the establishment,
maintenance or enhancement of certain actions
-
Is an organization that attempts, through
persuasion and the spread of information, to influence the government to act in
accordance with the specific groups interest
How Political Party different from Interest Group?
• Political
Parties – are organized social group that seek to take
over, wholly or partially, the government of a country, usually by contesting
elections
• Platforms
– are statements of principles and policies adopted by the party
What is the structure of the legislature?
• Bicameral
System – consists of Upper House (Senate) and the Lower
House (House of Representatives)
• Unicameral
System – single chamber only of legislature
• Senate
composed of 24 senators and shall be elected nationwide by the qualified voters
• They
shall serve for not more than two (2) consecutive six (6) year terns only
• House
of Representative shall be composed of not more than 250 members,
unless otherwise fixed by law – who shall be elected from the legislative
districts apportioned among the provinces and cities and Metro Manila
• Party-list
Representatives is composed of around 200 representatives from legislative districts
and around 50 party-list or sectorial representatives
• The
members of the House of Representatives, whether district or party-list
representatives, shall serve not more than three consecutive years (3 year
terms)
Advantages of Bicameralism
• A
second chamber/house (senate) is necessary to serve as a check to rushed and
ill-considered legislation
• Serves
as a training ground for future leaders
• Provides
a representation for both regional and national interests
• Less
susceptible to bribery and control of big interest
Disadvantages of Bicameralism
• The
bicameralism set-up has not worked out as an effective fiscalizing machinery
• Although
it afford a double consideration of bills, it is no assurance of better
considered and better deliberated legislation
• All
produces duplication of efforts and serious deadlocks in the enactment of
important measures with the Conference Committee of both Houses
• All
things being equal, it is more expensive to maintain than a unicameral
legislature
• The
prohibitive costs of senatorial elections have made it possible for only
wealthy individuals to make it to the senate
Who can run as members of Congress?
• A
candidate for Senate must be:
-
a natural born citizen
-
At least 35 years old on the day of elections
-
Able to read and write
-
A registered voter
-
A resident of the Philippines for not less than 2
years preceding the election
• A
candidate for the House of Representatives must be:
-
A natural born citizen
-
At least twenty-five years old on the day of the
election
-
Able to read and write
-
A registered voter in the district (except for
party-list representatives)
-
A resident in the district for not less than 1 year
preceding the election (except for party-list representatives)
Who may participate in the party-list system?
• Sectorial
Party – refers to an organized group of citizens whose principal advocacy
pertains to the special interests and concerns of the following sectors: labor,
peasant, urban poor, indigenous communities, women, youth
• Sectorial
Organization – refers to a group of citizens or a coalition of
groups of citizens who share similar physical attributes or characteristics,
employment, interests or concerns
• Political
Party – refers to an organized group of citizens advocating
an ideology or platform, principles and policies for the general conduct of
government
• Coalition
– refers to an aggrupation of duly registered national, regional, or
sectorial parties or organizations for political and/ or election purposes
Qualifications of a party-list nominee
• A
natural born Filipino citizen
• A
registered voter
• A
resident of the Philippines for at least one year preceding the election
• Able
to read and write
• A bona
fide member of the party organization for at least ninety days preceding the
election
• At
least 25 years old on election day
Party-list seats allocation
• After
ranking the parties from highest to lowest based on the votes they garnered,
the parties, organization and coalitions that received at least 2% of the total
votes cast for party list system shall be entitled to ne seat in the house
• This
means hat for every 2% the votes garnered, a party is given a seat
• But
only maximum for 3 seat are allowed for each party
Functions or responsibilities of the legislature
• Legislative
Function – make laws and statutes
• Executive
Function – confirm the appointment of other ranking
executive officials
• Judicial
Function – impeachment proceeding against public officials
• Constitutional
Function – proposed amendments to the constitution
• Electoral
Function – congress serves as a canvassing board to
determine the validity of electoral returns for President and Vice President
• Financial
Function – power to promulgate all tax laws and other laws
pertaining to public finance, financial power over the annual budget
• Investigatory
Function – is guaranteed by the constitution through its
power to conduct inquiries in aid of legislation
• Educational
Function – through speeches delivered by its members on
issues of prime importance to the people
How does the legislature work?
• All
legislature work trough a committee system
-
Standing committee – is a
permanent created through the by-laws of a particular chamber, which oversees a
general topic area
-
Subcommittee – are often too broad in
scope. Subcommittees break up particular issues into specialized areas of
concern before sending their report to the entire committee
-
Special, ad hoc, and Select Committee – the
are created temporality for the sole purpose of resolving an issue that needs
immediate attention and resolution
-
Committee of the whole –
usually the upper house need not form this committee considering the small
number od senators; the lower house may want to discuss a subject without the
formal rules and restrictions of parliamentary procedure
-
Joint Committee – composed
of selected members of both houses of the legislature, it threshes out the
differences between the two versions of the same bill from the two houses
How law is made?
• First
Reading – only title of the bill is read along with its
number and the names of its authors
• Referral
to Appropriate Committee – conduct hearings on it and consequently prepares
a report; if its is disapproved on its merit, the bill dies naturally
• Second
Reading – the bill is read in it’s entirety together with
the amendments proposed by the committee
• Debates
– here, in accordance with the rules of either house, amendments may be
proposed by any member of the Congress
• Printing
and Distribution – after a bill is approved on the second reading,
it is printed in tis final form and distributes it to all members of the house,
except the bill certified by the President
• Third
Reading – no amendment of discussion is allowed this stage.
As a rule, a majority of the house members constituting a quorum can pass a
bill.
• Referral
to other house – after its approval in one house, the same bill is
forwarded to the other house, where the same procedure is observed
• Submission
to a Joint Bicameral Committee – if the counterpart bill have conflicting
provisions, a conference committee composed of representatives of each house is
formed to iron out the differences
Who can run as President of the Philippines?
• A
natural born Filipino Citizen
• A
registered voter
• Able
to read and write
• At
least 40 years of age on the day of the election
• A
resident of the Philippines for at least 10 years immediately preceding the
election
Functions or responsibilities of the President
• Executive
Functions – enforces the laws in the country and the
constitution, responsible for making and
carrying out policy decisions and for supervising the bureaucratic machinery of
the national level
• Legislative
Function – also plays a significant role in initiating and
formulating the bills that the legislature will eventually enact into law and
rallying public support for the policies that are explicit and implicit in the
laws
-
the president also have the power to veto a bill
-
the power to prepare the proposed annual national budget knows a General
Appropriations
• Judicial
Functions – granting the following;
–
Pardon – an act of mercy to exempt a convicted
individual from punishment for a crime he has been convicted for (it can be
Absolute or Conditional)
–
Reprieve – the postponement of the death sentence
to an indefinite time
–
Commutation – lowering of the sentence
–
Amnesty – an act of mercy, with the consent of the
Congress, granted to persons who have committed crimes of a political nature
• Administrative
Function –the power to appoint of remove officials
• Diplomatic
Function – is the state’s official representative in
conducting international relations
• Military
Function – head and commander in Chief of the Armed Forces
of the Philippines
Martial Law
• It
includes all laws that have reference to and are administered by the military
forces of the State
• It is
law which has application when the military arm does not supersede civil
authority but is called upon to aid in the execution of its vital functions
• Effects
of Sate of Martial Law
–
Operations of the Constitution
–
Functions of Civil courts and Legislative
assemblies
–
Jurisdiction of Military Courts and Agencies
–
Privilege of the writ of habeas corpus
Impeachment
• Impeachment
– is a political process mandated by the Constitution specifically under
Section 2, Art. XI.
–
A method of national inquest in the conduct f
public men
–
Its purpose is to secure the powers of some high
officials and to see to it that their duties and functions are well taken
without any grave abuse of discretion
Grounds for Impeachment
• Culpable
Violation of the Constitution
• Treason
• Bribery
• Graft
and Corruption
• Other
High Crimes
• Betrayal
of Public Trust
How can one become a member of the judiciary?
Supreme Court:
• A
natural- born Filipino Citizen
• A
least 40 years of age
• Must
have been a judge of a lower court or engaged in the practice of law in the
Philippines for 15 years of more
• Must
be a person of proven competence, integrity, probity and independence
Lower Courts:
• A
Filipino citizen, not necessarily natural –born
• Must
be a member of the Philippine Bar
• Must be a person of proven competence, integrity,
probity and independence
• Must
possess additional requirements as may
be prescribe by Congress
What are the functions of the judiciary?
• Resolution
of Disputes/ Judicial Review - interprets
law and applies it to specific or individual cases brought to its care to
resolve issue
• Determination
of Guilt or Innocence
• Guardianship
of the Constitution – this function stating that the judiciary is the
protector of the constitution
• Prevention
of Wrong doing “preventive justice, that is, or court-mandated
actions that prevent injuries from being committed”
–
This includes prohibiting individuals from doing an
action (writ of prohibition)
–
And forcing
someone to do something, like reparations (writ of mandamus)
• Court
of Appeals – hears civil and criminal cases each of the
regions
• Regional
Trial Courts
• Metropolitan
Trail Courts
Special Courts
• Court
of Tax Appeals – is composed of a presiding Judge and two
Associate Judges appointed by the President; it has exclusive jurisdiction over
tax cases appealed by private citizens and commercial firms
• The
Sandiganbayan – is a special anti-graft court, it decides cases
involving graft and corruption by government officials and employees
• The
Ombudsman – PD 1487, investigates cases graft and corruption
in government; It acts as the prosecutor in bringing graft cases before
Sandiganbayan
Supreme Court Orders
• Quo
Warranto – “by what warrants” what is your authority
• Certiorary – “to
be certified”, quashing or dismissing the order already passed by lower courts
• Prohibition – to
forbid/ to stop, a stay order
• Habeas
Corpus –” you may have the body”, a person who detained by
a person to released
• Mandamus
– “we command” order of the highest tribunal to lower court to performed
the duty of a certain department official
• Writ
of Amparo – can be filed in any court (Right of Life, Liberty
and Property)
• Writ
of Habeas Data – to released or present , to produce the data or
information
Local Government
• Is a
political subdivision of the state that is given authority to control local
affairs, with officials elected or appointed
• It is
a government that citizens can easily get in touch with
• It
refers to the provinces, cities and municipalities in the Philippines
The Law on Local Government
• They
shall enjoy local autonomy or self-reliance to ensure their fullest development
• Congress
shall enact a new local government code
• The
President exercises general supervision over Local Government
• Each
local government unit has the power to create its own sources of revenue, to
levy taxes and charges
• Local
Government shall have a just share in the national taxes, which shall
automatically be released to them
• Local
Government shall have an equal share in
the proceeds of national wealth in their area
• The
term of office of elective officials shall be three years with a maximum
reelection of three consecutive terms
Barangay
• Is the
smallest government unit
• Has an
elected council or Sangguniang Barangay led by Barangay Chairman/ Captain
• Chairman
is the chief executive of the barangay, and elected for a term of three years
and led the local council and barangay court
• Barangay
Courts – a system settling small disputes in the barangay level / lupong
tagapayapa through PD 1508
Role of the Barangay
• As the
basic political unit,
• the
Barangay serves as the primary planning and implementing unit of government
policies, plans, programs, projects, and activities in the community, and
• as a
forum wherein the collective views of the people may be expressed, crystallized
and considered, and where disputes may be amicably settled
Manner of Creation
• May be
created, divided, merged, abolished, or its boundary substantially altered, by
law or by an ordinance of the Sangguniang Panlalawigan or Sangguniang
Panlungsod,
• subject
to approval by a majority of the votes cast in a plebiscite to be conducted by
the Comelec in the local government unit or units directly affected
• In the
case of the creation of Barangays by the Sangguniang Panlalawigan, the
recommendation of the Sangguniang Bayan concerned shall be necessary.
Requisites for Creation
• A
Barangay maybe created out of a contiguous territory which has a population of
at least two thousand (2,000) inhabitants as certified by the National
Statistics Office
• except
in cities and municipalities within Metro Manila and other metropolitan
political subdivisions or
• in
highly urbanized cities where such territory shall have a certified population
of at least five thousand(5,000) inhabitants
• The
governor or city mayor may prepare a consolidation plan for Barangays, based on
the criteria prescribed in this Section, within his territorial jurisdiction.
• The
territorial jurisdiction of the new Barangay shall be properly identified by
metes and bounds or by more or less permanent natural boundaries. The territory
need not be contiguous if it comprises two (2) or more islands.
City and Municipality
• City - has
an independent charter and more income and people
–
Highly Urbanized City
–
Chartered City
–
Component City
• Municipalities
– fall under the provincial governor and have less independence than
cities
• Composed
of Mayor (Chief Executive) Vice Mayor the Presiding Officer of Sangguniang Bayan/Panglungsod and the
Municipal/ City Council
Municipality
Role of the Municipality
• The
municipality, consisting of a group of Barangays, serves primarily as a general
purpose government for the coordination
• and
delivery of basic, regular and direct services and effective governance of the
inhabitants within its territorial jurisdiction.
Manner of Creation
• A municipality
may be created, divided, merged, abolished, or its boundary substantially
altered only by an Act of Congress
• and
subject to the approval by a majority of the votes cast in a plebiscite to be
conducted by the Comelec in the local government unit or units directly
affected.
• Except
as may otherwise be provided in the said Act, the plebiscite shall be held
within one hundred twenty (120) days from the date of its effectivity.
Requisites for Creation
• (a) at
least Two million five hundred thousand pesos (P=2,500,000.00) for the last two
(2) consecutive years based on the 1991 constant prices;
• a
population of at least twenty-five thousand (25,000) inhabitants as certified
by the National Statistics Office; and a contiguous territory of at
• least
fifty (50) square kilometers as certified by the Lands Management Bureau
• The
territorial jurisdiction of a newly-created municipality shall be properly
identified by metes and bounds
• The
territory need not be contiguous if it comprises two (2) or more islands.
City
Role of the City
• The
city, consisting of more urbanized and developed Barangays, serves as a
general-purpose government for the coordination
• and
delivery of basic, regular, and direct services and effective governance of the
inhabitants within its territorial jurisdiction.
Manner of Creation.
• A city
may be created, divided, merged, abolished, or its boundary substantially
altered, only by an Act of Congress,
• and
subject to approval by a majority of the votes cast in a plebiscite to be
conducted by the Comelec in the local government unit or units directly
affected.
• Except
as may otherwise be provided in such Act, the plebiscite shall be held within
one hundred twenty (120) days from the date of its effectivity.
Requisites for Creation.
• A
municipality or a cluster of Barangays may be converted into a component city
if it has an average annual income, as certified by the Department of Finance,
of at least Twenty million pesos (Php20,000,000.00) for the last two (2)
consecutive years based on 1991 constant prices
• a
contiguous territory of at least one hundred (100) square kilometers, as
certified by the Lands Management Bureau; or,
• a
population of not less than one hundred fifty thousand(150,000) inhabitants, as
certified by the National Statistics Office
Cities, Classified : Highly Urbanized Cities.
• Cities
with a minimum population of two hundred thousand (200,000) inhabitants, as
certified by the National Statistics Office,
• and
with the latest annual income of at least Fifty Million Pesos(Php50,000,000.00)
based on 1991 constant prices, as certified by the city treasurer, shall be
classified as highly urbanized cities.
• Cities
which do not meet the above requirements shall be considered component cities
of the province in which they are geographically located.
• If a
component city is located within the boundaries of two (2) or more provinces,
such city shall be considered a component of the province of which it used to
be a municipality.
• qualified
voters of highly urbanized cities shall remain excluded from voting for
elective provincial officials.
Provincial Government
• The
largest local form of government
• Group
by Regions
• Composed
of Cities and Municipalities
• Composed
of elected Governor, Vice Governor, Sangguniang Panlalawigan
Province
Role of the Province
• The
province, composed of a cluster of municipalities, or municipalities and
component cities, and as a political
• and
corporate unit of government, serves as a dynamic mechanism for developmental
processes
• and
effective governance of local government units within its territorial
jurisdiction.
Manner of Creation
• A
province may be created, divided, merged, abolished, or its boundary
substantially altered, only by an Act of Congress and subject to approval by a
majority of the votes cast in a plebiscite to be conducted by the Comelec
• in the
local government unit or units directly affected. The plebiscite
• shall
be held within one hundred twenty (120) days from the date of effectivity of
said Act, unless otherwise provided therein.
Requisites for Creation
• A
province may be created if it has an average annual income, as certified by the
Department of Finance, of not less than Twenty million pesos(Php20,000,000.00)
based on 1991 constant prices
• a
contiguous territory of at least two thousand (2,000) square kilometers, as
certified by the Lands Management Bureau; or,
• a
population of not less than two hundred fifty thousand(250,000) inhabitants as
certified by the National Statistics Office:
• Provided,
That, the creation thereof shall not reduce the land area, population, and
income of the original unit or units at the time of said creation to less than
the minimum requirements prescribed herein.
Citizenship
• Citizenship – is
defined as membership in a political community with full civil and political
privileges
How
can citizenship be acquired?
–
Citizenship by Birth (jus
soli- law of the soil and jus sanguinis- law of the blood)
–
Citizenship by Naturalization –
process by which a foreigner becomes a citizen of state
–
Can citizenship be lost?
–
Expatriation – the voluntarily giving
up of one’s citizenship (through naturalization with other state; by the
conveyed renunciation of one’s citizenship, by subscription to the oath of
allegiance of a foreign country)
–
Repatriation – those citizen who have
been naturalized to another state may regain their former Filipino citizenship
by naturalization of by the direct act of Congress; taking the necessary oath
of allegiance to the Republic
Bill of Rights
• Bill
of Rights - is a formal declaration of the fundamental rights
of the people that are to be secured and protected by the government
1987 Constitution Bill of Rights
• Article
III
–
Section 1. No person shall be
deprived of life, liberty, or property without due process of law
–
Section 2. The right of the people
to be secure in their persons, houses, papers, and effects against unreasonable
searches and seizures
–
Section 3. The privacy of
communication and correspondence
–
Section 4. No law shall be passed
abridging the freedom of speech, of expression, or of the press
–
Section 5. No law shall be made
respecting an establishment of religion, or prohibiting the free exercise
thereof.
–
Section 6. The liberty of abode and
of changing the same within the limits prescribed by law shall not be impaired
–
Section 7. The right of the people
to information on matters of public concern shall be recognized
–
Section 8. The right of the people,
including those employed in the public and private sectors, to form unions,
associations, or societies
–
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) right to remain silent
and to have competent and independent counsel preferably of his own choice
•
(2) No torture, force, violence, threat,
intimidation, or any other means which vitiate the free will shall be used
against him
–
Section 13. All persons, except those
charged with offenses punishable by reclusion perpetua when evidence of guilt
is strong
–
Section 14. No person shall be held
to answer for a criminal offense without due process of law
–
Section 15. The privilege of the writ
of habeas corpus shall not be suspended except in cases of invasion or
rebellion
–
Section 16. All persons shall have
the right to a speedy disposition of their cases
–
Section 17. No person shall be
compelled to be a witness against himself.
• Section
18. No person shall be detained solely by reason of his political beliefs
and aspirations
• Section
19. Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted.
• 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.
• Section
22. No ex post facto law or bill of attainder shall be enacted
International Law
• International
Law – is a body of laws consisting of the principles, norms, and processes
that regulate the states’ relation with one another
• This
are the binding rules of conduct among states, expressed in treaties, the
writings of the scholars, the ruling of judicial bodies and in particular by
the consistent and established behaviors of the state
United Nations
• is an
international organization founded in 1945 after the Second developing friendly
relations among nations and promoting social progress, better living standards
and human rights
• Membership:
193 Member States
• Established:
24 October 1945
• Official
languages: Arabic, Chinese, English, French, Russian, Spanish.
• UN
Observances - The first day approved by the UN General Assembly
was United Nations Day, 24 October (by resolution 168 (II) of 31 October 1947).
United Nations Objectives
• To
maintain international peace and security
• To
develop friendly relations among nations based on respect for the principle of
equal rights and self-determination of peoples
• To
achieve international cooperation in solving international problems and in
promoting and encouraging respect for human rights and the fundamental freedom
of all people
• To be
a center for harmonizing the actions of nations in the attainment of these
common ends
United Nations Subsidiaries
• General
Assembly
–
The General Assembly is the main deliberative organ
of the UN and is composed of representatives of all Member States.
–
The work of the United Nations year-round derives
largely from the mandates given by role, authority, effectiveness and
efficiency, the General Assembly.
• Economic
and Social Council
–
The Economic and Social Council (ECOSOC)- is the
principal organ to coordinate the economic, social and related work of the
United Nations and the specialized agencies and institutions.
• International
Court of Justice
–
Located at The Hague in the Netherlands, is the
principal judicial organ of the United Nations.
–
It settles legal disputes between states and gives
advisory opinions to the UN and its specialized agencies.
• Security
Council
–
has primary responsibility, under the UN Charter,
for the maintenance of international peace and security.
–
A reform of
the Security Council, including its membership is under consideration.
• Trusteeship
Council
–
was established in 1945 by the UN Charter to
provide international supervision for 11 Trust Territories placed under the
administration of 7 Member States
–
and ensure that adequate steps were taken to
prepare the Territories for self-government and independence.
• Secretariat
–
The Secretariat carries out the day-to-day work of
the Organization.
–
It services the other principal organs and carries
out tasks as varied as the issues dealt with by the UN:
•
administering peacekeeping operations,
•
surveying economic and social trends,
•
preparing studies on human rights, among others
Structure and Organizations
• The
Peacebuilding Commission (PBC)
–
is an intergovernmental advisory that supports
peace efforts in countries emerging from conflict, and is a key addition to the
capacity of the International Community in the broad peace agenda.
• Office
of the United Nations High Commissioner for Refugees (UNHCR)
–
Is mandated to lead and co-ordinate international
action to protect refugees and resolve refugee problems worldwide.
–
Its primary purpose is to safeguard the rights and
well-being of refugees.
• United
Nations Children's Fund (UNICEF)
–
UNICEF is the driving force that helps build a
world where the rights of every child are realized
• United
Nations Development Fund for Women (UNIFEM)
–
UNIFEM is the women's fund at the United Nations,
dedicated to advancing women’s rights and achieving gender equality.
–
It provides financial and technical assistance to
innovative programmes and strategies that foster women's empowerment.
• United
Nations Population Fund (UNFPA)
–
is an international development agency that
promotes the right of every woman, man and child to enjoy a life of health and
equal opportunity.
Other
organizations of United Nations
• International
Labor Organization (ILO)
• World
Health Organization (WHO)
• World
Bank
• International
Monetary Fund (IMF)
• UN
Peacekeeping Missions
Association of Southeast Asian Nations (ASEAN)
• ASEAN
Declaration - 8 August 1967, five leaders - the Foreign Ministers
of Indonesia, Malaysia, the Philippines, Singapore and Thailand
• ASEAN
Declaration, also known as the Bangkok Declaration
• These aims
and purposes were about cooperation;
–
in economic,
social, cultural, technical, educational and other fields,
–
in the promotion of regional peace and stability
through abiding respect for justice and the rule of law and adherence to the
principles of the United Nations Charter
Asia-Pacific Economic Cooperation (APEC)
• The
idea of APEC was firstly publicly broached by former Prime Minister of
Australia, Mr Bob Hawke, during a speech in Seoul, Korea in January 1989.
• Later that year, 12 Asia-Pacific economies met
in Canberra, Australia to establish APEC.
• The
founding members were: Australia, Brunei Darussalam, Canada, Indonesia, Japan,
Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand and the
United States.
Southeast Asia Treaty Organization (SEATO)
• The
Southeast Asia Collective Defense Treaty, or Manila Pact
• Signed
on 8 September 1954 in Manila, as part of the American Truman Doctrine of
creating anti-communist bilateral and collective defense treaties.
• These
treaties and agreements were intended to create alliances that would contain
communist powers (Communist China, in SEATO's case).
• which
expanded the concept of anti-communist collective defense to Southeast Asia,
• Vice
President Richard Nixon advocated an Asian equivalent of NATO upon returning
from his late-1953 Asia trip.
• Headquartered
in Bangkok, was created in 1955 at the first meeting of the Council of
Ministers set up by the treaty
Commonwealth of Independent States (CIS)
• Founded
on 8 December 1991 by the Republic of Belarus, the Russian Federation, and
Ukraine and signed a Creation Agreement
• on the
dissolution of the Soviet Union and the creation of CIS as a successor entity
to it.
• At the
same time they announced that the new alliance would be open to all republics
of the former Soviet Union, and to other nations sharing the same goals.
• CIS
charter stated that all the members were sovereign and independent nations and
thereby effectively abolished the Soviet Union.
South Asian Association for Regional Cooperation
(SAARC)
• is an
economic and geopolitical cooperation among eight member nations that are
primarily located in South Asia continent.
• Its
secretariat is headquartered in Kathmandu, Nepal.
• First
coined in 1980 and the first summit held in Dhaka on 8 December in 1985 led to
its establishment by the governments of Bangladesh, Bhutan, India, Maldives,
Nepal, Pakistan, and Sri Lanka
• The
SAARC policies aim to promote welfare economics, collective self-reliance among
the countries of South Asia, and to accelerate socio-cultural development in
the region
Sources
• LET in
Government and Constitution by Edwin Lineses (2007)
• Philippine
History and Government by Sonia Zaide (2012)
• LET
Reviewer in Social Science by Rogelio Espiritu (2011)
Philippine Government and Constitution by Prof. Sherwin Castañeda et.al
(2010)
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