Structures of the Philippine Government

Chapter 10 

                              Structures of the Philippine Government

Two Principles Inherent in a Presidential System

·         Separation of Power- the powers of government are divided into three independent departments, each supreme in its own sphere.

Three Departments of Government

1.      Legislative department- rule-making branch that enacts or makes the laws (Art. VI).

2.      Executive Department- rule-applying branch that applies or executes the law (Art. VII)

3.      Judicial Branch- rule-adjudicating branch that interprets or applies the laws in case of conflict or dispute between the state and individuals or between the branches of government and between individuals (Art. VIII).

·         Checks and Balances- the power of each department are not totally separate from one another.

-          Are tools to see to it that no departments dominates another.

Legislative Department

Legislative power is the authority to makes law and to alter or repeal them.

a.      The congress of the Philippines, which consists of a senate and House of Representative; and

b.      The people through the vision on initiative and referendum.

Qualification of a Senator

A senator must be:

1.      A natural-born citizen of the Philippines;

2.      At least v35 years of age on the day of the election or on the day the vote are cast and not on the day of proclamation;

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.

Parliamentary privileges

Privilege from arrest

                The purpose of this privilege is to insure continuous representation of the constituents of the member of Congress that he may not be prevented from attending sessions if they committed civil and criminal offences punishable by not more than six years imprisonment.

Privilege of Speech and Debated

                This is to enable a member of Congress to express any views on matters of public interest during his discharge of legislative duties and be free by being questioned in any other place for liability such as label suit.

Sessions of congress

1.       Regular session- it is held once every year starting on the 4^th Monday of july, unless a different date is fixed by law.

2.       Special session- it is called by the president when the legislator I in recess to consider urgent bills or matter which congress fails to finish within the regular session.

Quorum- refers to any number sufficient to transact business.

Majority- refers to fifty percent of the membership plus one.

Executive Department

The president as chief executive

Section 1.the executive power shall be vested in the President of the Philippines.

Executive Power- is the power to administer or implement the laws of the land.

Laws refer to statutes enacted by congress, executive orders of the president, and the decisions of the high court.

Qualification of the president and vice president

1.      a natural-born citizens;

2.      a registered voter;

3.      able to read and wright;

4.      at least 40 years of old on the day of election; and

5.      a resident of the Philippines for at least 10 years immediately preceding he election.

Power of executive

1.      Power of appointment and removal;

2.      Power of control;

3.      Military power;

4.      Pardoning power;

5.      Diplomatic power; and

6.      Borrowing

REFFLECTION: the constitution has a department that will assign in every system to promulgate the rules and duties who is in the position so that it will easily solve the problem that encounters. the structures of Philippine government determine the good operation of the government for the success of their goals.

CITIZENSHIP AND SUFFRAGE

Chapter 9     

                      

                                     CITIZENSHIP AND SUFFRAGE

Citizenship- is a term denoting membership in a political community called a state. Citizens of a state enjoy full civil and political rights.

Modes of acquiring citizenship

A.      BY BIRTH- which is governed by two principles or rule namely:

1.       Jus sanguinis. This is literallycalled the law of the blood. Citizenship is based on blood relationship is based on blood relationship.

2.       Jus soli. This is called the law of the soil. Citizenship is based on the place of birth that is the citizenship of the child is determine by the state where he is born.

B.      BY NATURALIZATION- IT IS THE ACT OF ADOPTING AN ALIEN AS CITIZEN OF THE STATE AND CLOTHING HIM WITH THE CPRRESPONDING RIGHTS AND PRIVILEGES.

Kinds of Citizens Under the Constitution

1.       Natural-Born Citizen

2.       Naturalized Citizen. he is one who renounced his former citizenship and was granted citizenship by another state.

·         President and Vice President

·         Members of Congress

·         Justices of the Supreme Court and Judges of Lower Courts;

·         Members of any constitutional commission such as the commission on election

·         Members of the monetary board; and

·         The ombudsman and his deputy

Concept of suffrage

The right to vote in an election and be voted into public office Is the simplest definition of suffrage.

Citizens who enjoy the right of suffrage are called the electorate.

Scope of Suffrage

Election- refers to the process of choosing from among candidates for a limited period the people’s representative in exercising government powers.

Plebiscite- a process by which a proposed amendment to the constitution is submitted to the people for approval.

Referendum- a processed by which a proposed law or a part thereof is submitted to the people for approval.

Initiative- the process by which the people directly proposed and enact laws or amend the constitution.

Recall- the process by which elected local government officials are removed from office even before the expiration of their term by a vote of the people after the registration of a petition of a required percentage of voters.

 reflection: every person have the right to be a citizen and to vote for we are a fruit of this nation. a citizen must be a follower of the rule and a heart willing for the events of the institution. we should follow the protocol on how to be a citizen and to vote properly for the right officials. 

Concepts of human rights

Chapter 8

                                  Concepts of human rights

The Philippines observes National Human Rights week every December 3-10 in accordance with proclamation No.177 promulgated by President Aquino in 1987. There are three important documents that the Philippines recognize in upholding the human rights of individuals. These are:

·         INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

·         UNIVERSAL DECLARATION OF HUMAN RIGHTS

·         1987 CONSTITUTION

What is Human Rights?

§  Human Rights are generally defined as those rights, which are inherent in our nature, and without which we cannot live as human beings.

-Phil.Commission on Human Rights

§  International norms that help to protect all people everywhere form serve political, legal, and social abuses.

THREE GREAT POWERS OF GOVERNMENT

1.      POLICE POWER

v  PUBLIC HEALTH

v  PUBLIC SAFETY

v  PUBLIC WELFARE

v  PUBLIC MORALS

2.      POWER OF EMINENT DOMAIN

3.      POWER OF TAXATION

CLASSES OF RIGHTSOF CITIZENS

1.      NATURAL RIGHTS

2.      CONSTITUTIONAL RIGHTS

v  POLITICAL RIGHTS

v  CIVIL RIGHTS

3.      STATUTORY RIGHTS

INDIVIDUAL RIGHTS IN RELATION TO SOCIETY AND STATE AUTHORITY

Rights refer to one’s privileges to claim and do what he is justly entitled to.

Freedom means to be free to do anything at will without prior restraint.

There are five human rights enumerated in this section. These are:

1.      Right to Life

2.      Right to Liberty

3.      Right to Property

4.      Right to Due Process of Law

5.      Right to Equal Protection of the Laws

Due process of law

It is also a right enshrined in the constitution. It has two aspects-procedural due process and substantive due process.

  Procedural due process

v  This refers to the manner or procedure which must be followed in the enforcement or application of law.

Substantive due process

v  This means that the law to be apply should be valid just and not arbitrary

v  When a warrantless arrest is considered lawful

v  A peace officer can arrest a person only if there is a valid warrant but Sec. 5 of Rules of Court; provides exceptions.

The bid for a warrantless arrest

On July 9;1990 the supreme court handed down a very controversial decision; which caused militant groups and advocates of human rights to take to the streets in vigorous protests.

RIGHT TO PRIVACY
- Every person has the right to keep his communication or correspondence a secret. His communication with others by phone or by letters is a personal and private matter that nobody should intrude upon.
THE PRIVACY OF COMMUNICATION IS PROTECTED BY SECTION 3:
1. the privacy of communication and correspondence shall be inviolable  except upon lawful 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.

FREEDOM OF EXPRESSION

Section 4 provides that. “No law shall be passed abridging the freedom of speech’ of expression of the press or the right of the people peaceably to assemble and petition the government for redress of grievances.”

FREEDOM OF SPEECH means an individual is free to speak whatever he wants without prior restraint.

FREEDOM OF THE PRESS means an individual is free to write, publish, and circulate whatever he pleases without restraint.

IMPORTANCE OF THE FREEDOM OF SPEECH

1.It encourages exploration of ideas and dissemination of knowledge, which are of public benefit and interest.

2. It enables the citizens to be informed of government acts and policies.

3. It brings government officials to the bar of public opinion and criticism in the exercise of their duties.

4. It helps prevent irregularities in any department of the government.

RELATIONSHIP OF THE FREEDOM OF EXPRESSION TO THE RIGHT TO ASSEMBLY RIGHT TO PETITION AND FREEDOM OF RELIGION

-The assembly of people requires dissemination of information publication of announcement and the exercise of free speech and of the press

THE PROHIBITATION ON PRIOR RESTRAIN

     PRIOR RESTRAIN means that restriction on the press and other forms of expression are imposed by the government in advance before the actual publication and circulation.

   EXAMPLE: are those that require license and permits to publish.

THERE ARE THREE STANDARDS IN REGULATING FREEDOM OF EXPRESSION (Bernas. S.J. 1997).

1. THE DANGEROUS TENDENCY RULE
2. THE CLEAR AND PRESENT DANGER RULE
3. THE BALANCING OF INTERESTS RULE

Rights to form Associations

•      section 8 provides that “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.”

Right to Own and Dispose Property

The following are the conditions for or limitations upon the exercise of the right to own and dispose property:

1. Existence of public use – it refers to the broad concept that covers anything that may be beneficial to the community.
2. Payment of just compensation – the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking.
3. Observance of due process of law in the taking – the owner shall have due notice and hearing in the expropriation proceedings especially if the owner of the private property is against selling it to the government.

Rights of the Accused

Specifically, these rights underlie the following:

1. A criminal case is an unequal contest between the accused and the government since all criminal offences are public crimes that the government must prevent.
2. A criminal accusation is a very serious matter. Whether you are guilty or not, you and your family will suffer immeasurably if you are accused of a criminal offence.
3. The protection of the innocent must be ensured.

4. the rights against being held secret incommunicado or similar forms solitary detention

       5)  The right to bail and against excessive bail.

6)      The right to due process of law

7)      The right to presumption of innocence.

8)      The right to be heard by himself.

9)      The right to be informed of the nature and cause of accusation against him.

10)  The right to have a speedy, impartial, and public trial.

11)  The right to meet the witnesses face to face.

12)  The right to have compulsory process to secure the attendance of the witnesses and the production of evidence in his behalf.

13)  The right against self-incrimination.

14)  The rights against detention by reason of political beliefs and aspirations.

15)   the right against excessive fines.

16)  the rights against cruel, degrading, in human punishment.

17)    the right against infliction of the death penalty except for heinous      crimes.

18)   the rights against double jeopardy.

Requisites for the existence of double Jeopardy (Ibid., 1997)

There is double Jeopardy if the following conditions are present:

1. The accused has been previously brought to trial.
2. In a court of competent jurisdiction.
3. Under a valid complaint or information which is sufficient in form and substance to sustain a conviction.
4. He has been arraigned and pleaded either guilty or not guilty to the charge.
5. He has been convicted or acquitted or the case against him has been dismissed or otherwise terminated without his expressed consent.
6. He has been charge again for the same offense.

Privilege of a Writ of Habeas Corpus

•      Section 15 states, “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.

Ø  Suspension of the privilege of the Writ of Habeas Corpus

The president can suspend the privilege of the writ of habeas corpus but only in the following cases:

1. Invasion or rebellion
2. When public safety requires it

 reflection: concept of human right is the right of a person to have a fair justice and how to defend his/her self. Everyone has the right to fight for themselves being a human. Thats why we should know this so that no one can abuse others.

STATE PRINCIPLES AND POLICIES

CHAPTER 7:

                

                       STATE PRINCIPLES AND POLICIES

THE PREAMBLE- which is preambulare in Latin means “to walk before”.

-      It is not an essentialpart of a constitution.

“We the sovereign Filipino people imploring the aid of almighty God in order to build a just and humane society and establish a government that shall embody our ideals and aspirations promote the common good and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and regime of truth justice freedom love equality and peace do ordain and promulgate this constitution.

SALIENT PROVISIONS ON STATE PRINCIPLES AND POLICIES

 Republicanism

Section 1 Article II defines the meaning of rebublican state as one where “sovereignty resides in the people and all government authority emanates from them”.

Supremacy of Civilian Authority                     

      Section 3 upholds the supremacy of civilian authority over military in time of peace and war. From this section there are 3 major functions of the Armed Forces of the Philippines:

a)   To secure the people;

b)   To secure the sovereign of the state; and

c)   To preserve the integrity of the nation territory.

Defense of the State

Section 4 emphasized the present constitution is that the government prime duty is not to defense of the state but to serve and protect the people.

Separation of Church and State

    Both the 1973 and the 1987 constitutions express the separation of church and state. They also declare its inviolability. Articl III Section 5 of the 1987 constitution reiterates the separation of church and state which prohibits any law to made respecting the establishment of religion and curtailing its free exercise.

Independent Foreign Policy

     Foreign policy is defined as set of goals and objectives that a country pursues in relation with other countries with international communities or with regional organization to promote or protect its interest.

Freedom from nuclear weapons

   The policy freedom from nuclear weapons covers the following:

a)   The state adheres to the establishment of a nuclear free zone in the Asian region.

b)   The satate prohibits the possession

reflection: the preamble states that the people should have the right to speak and to have a good government that face the people in fairness and equality. to promote love, peace, freedom and justice for the prosperity of the nation.

National territory

Chapter 6                                       

                                            National territory

Article I

“The national territory comprises the Philippine archipelago with the island and waters embraced therein and all other territories which the Philippine has sovereignty or jurisdiction consisting of its terrestrial fluvial and areal domains including its territorial sea the seabed the subsoil the insular shelves and other submarine areas. The waters around between connecting the islands of archipelago regardless of their breadth and dimensions form part of the internal waters of the Philippines.”

Three constitutions

·        1935

·        1973

·        1987

Two kinds of law:

Ø Municipal law –over all laws pertaining to the relationship of the states of the relationship of the states and its citizens.

Ø International law which govern the relationship of states of one another.

Battle of Bud Bagsak in 1913 the Muslims became attracted to the pacification policy of the Americans and began to like the American rule through the department of Mindanao and sulu which created to take care of the affair of the Muslims.

Territory defined:

A.  The Philippine Archipelago with all the Islands and Waters Embraced therein

The term archipelago is derived from the greek word pelagos which means sea.

Archipelago is that part of the sea studded with islands. The sea and the islands are considered as a single geographical unit.

B.  All Other Territories Over th Philippines has Sovereignty or Jurisdiction

This refer to territories already acquired or will be acquired on the future according to international law.

C.  The Terrestrial Fluvial and Aerial Domains

The fluvial domains aside from its external waters are:

1.   The territorial sea which extend 12 nautical miles (19 km) from the shore. It is also called “marginal sea” or “marine belt”. It is the belt of waters which are adjacent or parallel to the coastline of the state outside the internal waters.

2.   The seabed or the seafloor. It is the land holding the sea extending from the shore. It is simply the bottom of the territorial sea.

3.   The subsoil which is the soil layer beneath the surface soil of the territorial sea or the seabed.

4.   The insular shelves or the continental shelves. It is that submerged portion of the continent or offshore extending to a point of steep descent to the ocean floor.

5.   Other submarine areas which refer to those areas under the territorial sea commonly called as reefs basin shoal and the like.

D.  The Inland Water

There are three kinds of waters of the seas.

1.   Internal or inland water (referred to as national water)

2.   Territorial seas: and

3.   High seas

The internal or inland waters are the waters around between and connecting the islands of the archipelago.

The Archipelago Doctrine

Archipelagic Principle or Archipelago Doctrine which posited the unity of the land water and people into a single entity (Tolentino 1990). This was reiterated by the Philippines in the United Nations convention on the law of the sea (UNCLOS) in the 1960 and 1973 sessions.

The Philippine claim on the spratlys

    The Spratlys is the chain of more than 100 islands cays reefs and shoals in South China Sea. There are five countries aside from the Philippines who are actively contesting sovereignty and ownership of these islands. These are China Vietnam Brunei and Malaysia. The Philippines claim only a group of 50 to60 islands islet shoals cays and reefs on the western section of the spratlys which which it calls the Kalayaan Group of Islands (KGI).

The Philippine Claim on Sabah

    The Philippine claim on Sabah has a long historical basis compared to its claim on the spratlys.

    In 1704 North Borneo which is now called Sabah was given as a gift to the Sultan of Sulu by the Sultan of Brunei when the former was able to help the latter on quelling a 

    The government moved to recover Sabah through house resolution No. 42 adopted on April 28 1950 stating that Sabah belongs to the heir of Sultan of Sulu and authorizing the Philippines to conduct negotiations for the restoration of ownership and sovereignty the territory (Ibid. 1989)

reflection: the national territory holds the rights of the nation to its properties and land and waters around the philippines. the philippine are rich and the largest archipelago in the world because of its islands.