L5 | GOVERNMENT

• CONSTITUTION

  • Basic and paramount law which all other laws must conform to and all persons must defer
• 1987 CONSTITUTION

  • 4th fundamental law to govern the ph since it became independent on July 4, 1946
• 3 CONSTITUTION BEFORE 1987:

  1. 1935 Constitution or Commonwealth Constitution
  2. 1973 Constitution - enforced during old marcos
  3. Freedom Constitution or 1986 Constitution
• CONCEPT OF STATE

  • Community of persons more or less numerous
  • Permanently occupying a fixed territory
  • Possessed of an independent government
  • Great body of inhabitants render habitual obedience
• ESSENTIAL ELEMENTS OF A STATE

  1. People
  2. Territory
  3. Government
  4. Sovereignty
• PEOPLE

  • Inhabitants
• TERRITORY

  • Fixed portion of the surface inhabited by the people
• GOVERNMENT

  • Agency or instrumentality which the will of the State is formulated, expressed nd realized
• SOVEREIGNTY

  • Supreme and uncontrollable power inherent by which that State is governed
• NATIONAL TERRITORY

  • Comprises the ph archipelago
• ARCHIPELAGIC DOCTRINE

  • Entire archipelago is regarded as one integrated unit
• DOCTRINE OF PARENS PATRIAE

  • Latin: parent of the country
  • Important task of government is to act for the State as guardian of the rights of the people
• GOVERNMENT

  1. De Jure
  2. De Facto
• DE JURE

  • Rightful title but no power or control
• DE FACTO

  • Government of fact
  • Exercise power without legal title
• ADMINISTRATION

  • Runs the government
  • The people
  • Transitional
• CHARACTERISTICS OF SOVEREIGNTY

  1. Permanent
  2. Exclusive
  3. Comprehensive
  4. Absolute
  5. Indivisible
  6. Inalienable
  7. Imprescriptible
• REPUBLICANISM AND DEMOCRACY

  • State of the Philippines
• SEPARATION OF POWERS

  • Prevent concentration of authority that may lead to abuse

  1. Legislative - Enactment
  2. Executive - Enforcement
  3. Judiciary - Interpretation
• BILL OF RIGHTS

  • Set of prescriptions to fundamental civil and political rights imposing limitations on powers of government
  • Any government action in violation is void
  • Provisions are self-executing
• CITIZENSHIP

  • Membership in a political community which is personal and more or less permanent in character
• MODES OF ACQUIRING CITIZENSHIP:

  1. By birth (jus sanguinis)
  2. By place (jus soli)
  3. By naturalization
  4. By marriage
• SUFFRAGE

  • Right to vote in elections
• WHO CAN VOTE:

  1. All citizens of ph not disqualified by law
  2. At least 18
  3. Resided in the ph for at least 1 year
  4. Resided in voting place for at least 6 months
• LEGISLATIVE DEPARTMENT

  • Legislative power: Power to propose, enact, amend, and repeal laws
  • Vested in the congress

  1. INITIATIVE
  2. REFERENDUM
  3. PLEBISCITE
• INITIATIVE

  • Power of the people to propose amendments to constitution and enact legislation through an election called for the purpose
• REFERENDUM

  • Power of the electorate to approve or reject legislation through election called
• PLEBISCITE

  • Submission of constitutional amendments or legislative measure to the people for ratification
• SENATE

  • TO: 6 years for 2 consecutive terms
  • Composition: 24 Senators
• QUALIFICATIONS FOR SENATE

  1. Natural born citizen
  2. 35 years of age
  3. Able to read and write
  4. Registered voter
  5. Resident of ph not less than 2 years before election
• HOUSE OF REPRESENTATIVES

  • Composition: 250 Members
  • Kinds:
  • District Representative
  • Party-list Representative
  • TO: 3 years for 3 consecutive terms
• QUALIFICATIONS FOR HOUSE OF REPRESENTATIVES:

  1. Natural born citizen
  2. 25 years
  3. Able to read and write
  4. Registered voter in the district except partylist rep
  5. Resident of ph not less than 1 before election
• LEGISLATIVE BILLS

  • Enrolled bill
  • Appropriation bill
  • Revenue bill
  • Tariff bill
  • Bill increasing the public debt
  • Bill of local application
  • Private bills
• EXECUTIVE DEPARTMENT

  • Executive power: power to enforce and administer the laws
  • Vested in the president
• PRESIDENT AND VICE PRESIDENT QUALIFICATIONS

  1. Natural born citizen
  2. Registered voter
  3. Able to read and write
  4. At least 40 years old
  5. Resident of ph for at least 10 years before election
• PRESIDENT AND VICE PRESIDENT

  • TO: 6 years
  • Pres not eligible for reelection
  • Vp allowed for 2 sucessive terms
• FLOW OF SUCCESSION

  • President -> Vice President -> Senate President -> Speaker of the house
• POWERS OF THE PRESIDENT

  • Appointing power
  • Military power
  • Pardoning power
  • Borrowing power
  • Diplomatic power
  • Budgetary power
  • Executive power
• JUDICIAL DEPARTMENT

  • Judicial power shall be vested in:
  • Supreme court
  • Lower courts
• JUDICIAL DEPARTMENT

  • Judicial power includes duty of the courts of justice to settle controversies, determine whether there has been grave abuse of discretion