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Republic of the Philippines EASTERN VISAYAS STATE UNIVERSITY Ormoc City Campus Ormoc City

POLITICS & GOVERNANCE(History, Government and Constitution)

COMPILATION

Note: This compilation is made for lecture purposes only. This work is NOT for SALE and cannot be freely copied or distributed.

INTRODUCTORY PART

1. Meaning of Political Science, Politics and Governance

Political Science in its traditional definition refers to systematic study of the state in all its elements, aspects, and relationships. The term “political” is taken from the Greek word polis, meaning “city or a State”. “Science”, on the other hand, is derived from the Latin word scire, meaning “to know” and ciencia, which means “knowledge” or “study”. Politics, according to the 1998 New Oxford Dictionary of English, are activities associated with the governance of a country, especially the struggle between parties hoping to achieve power. Governance, on the other hand, is defined as “the action or manner of governing”. Governance is the means of conducting the policy, actions, and affairs of a state.

2. Scope of Political Science

A. Political Theory and Methodology The entire body of doctrines relating to the origin, form, behavior and purposes of the state are dealt within the study of political theory. (I.e. political philosophy)

B. Public Law The organization of governments, the limitations upon government authority, the powers

and duties of governmental offices and officers, and the obligation of one state to another are handled in the study of public law in contradiction to the rules of private law, which governs the relations among individuals. (I.e. political law)

C. Public Administration The attention is focused upon the methods and techniques used in the actual management of state affairs by executive, legislative, and judicial branches of the government.

D. History The political scientist frequently adopts a “historical approach” and employs knowledge of the past when he seeks to interpret present and probable development in political phenomena.

E. Economics In 19th century, political science and economics (the study of the production, distribution, conservation, and consumption of wealth) were merged into one another known as political economy. Today, these fields are jointly concerned with facts in relation with the economic conditions that affect the organization, development, and activities of the state. Hence, political scientists adopt an economic approach to interpret matters involving public financial policies and government regulation of business.

F. Sociology and Anthropology Sociologist (who specializes in the study of society as a whole) and anthropologist (who studies mankind in relation to the physical, social and cultural development) all are deeply concerned with the origins and nature of social control and governmental authority with the abiding influences of race and culture upon society, and with the patterns of collective human behavior.

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G. Psychology The political scientist as well as psychologist promotes studies of the mental and emotional processes which motivate the political behavior of individuals and groups. One of the many topics which political scientist handles from a psychological approach is that of public opinion.

H. Ethics The political scientist considers the branch of philosophy called ethics. It involves systematizing, defending and recommending concepts of right and wrong conduct. It studies the moral behavior in humans and how one should act.

3. Functions of Political Science

A. To discover the principles that should be adhered to in public affairs and to study the operations of government in order to demonstrate what is good, to criticize what is bad or inefficient, and to suggest improvements.

B. Its finding and conclusions may be of immense practical use to constitution-makers, legislators, executives and judges who need models or norms that can be applied to immediate situations.

C. The study of political science deals with the problems of social welfare, government economic programs, international cooperation, and a wide-range of other matters that are urgent concern to public officials and private citizens.

4. Goals in the Study of Political Science

Casual observation would indicate that political science as a discipline is getting a sizeable share of the student population in any social science division or department of a particular college/university.

This is because most political science courses are viewed as essential parts of

liberal education. In effect, political science is important in the pursuit of college degrees, providing students a broader view of the complexities of modern government and politics.

It should be made clear that the primary goal of the political science curriculum is to educate regarding citizenship, which is a must in every country. It aims to equip students with efficiency in discharging their duties and obligations as citizens.

Moreover, political science seeks to impart knowledge and understanding of government to students, especially on how it operates and what factors or forces are behind particular issues and policies.

CONCEPT AND NATURE OF STATE AND GOVERNMENT

1. Meaning of State The state, as a concept of political science and constitutional law, is defined as 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 bodies of inhabitants render habitual obedience. According to this definition, there are four essential elements in order for a state to exist; these are:

A. People. The first and most essential element of the state. The people comprise the population or inhabitants of a state. The number of people in a state may vary from a few thousand to more than a billion. The smallest state is the Vatican in Rome, Italy while the largest is the People’s Republic of China. Political unity is an important factor to be considered by the people of a particular state.

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The Philippines is now estimated to have a population of 105,720,644 (July 2013 estimate).

B. Territory. Every state must have territory which consists of the land within its boundaries, the airspace above the land, bodies of water inland, and the twelve miles of sea beyond its coastlines. The territory may vary from a mere dot on the map to a continent-sized area. The physical and legal existence. Unfortunately, there are groups of people today who are stateless because they do not have a territory of their own.

C. Government. This is the machinery of the state necessary to maintain its existence and carry on its functions. It is the essential instrument that pursues its will, purpose, and objectives. It is an institution by which society’s needs for social services are satisfied. The government is not synonymous with the state because it consists of only a few persons while the state comprises the entire body of people. Government may change from time to time but the state is permanent as long as it is able to retain all its essential elements.

D. Sovereignty. This is the fourth element of the state which means supreme authority in internal matters and freedom from foreign control. Internal sovereignty implies complete authority to rule over the people within the state, while its external sovereignty means that no outside state or power exercises control over it.

CONCEPT OF NATION

Nation is a group of people bound together by common language, tradition, culture and aspiration, enjoying a subjective sentiment of unity or consciousness of kind. It is a group of

men resulting from common affinities destined to be permanent, occupying a definite territory.

The basic elements of nation are: people, territory, government, government, common aspirations or sentiments, race, religion, customs language, habits and traits.

DISTINCTION BETWEEN GOVERNMENT AND STATE

Government StateIncludes only relative small proportion of the population.

Includes the entire community of persons.

May be completely obliterated or destroyed (i.e. by revolution, coup d’état, etc.) without destroying the existence or rights of the state.

Continuing, virtually permanent entity.However, state may disappear as a result of conquest of the other state. (i.e. Spanish Colonization, Japanese Occupation)

DISTINCTION BETWEEN NATION AND STATE

Nation StateLarger elements such as: people, territory, government, common aspirations, race, religion, customs, language, habits and traits.

Fewer elements such as: people, territory, government and sovereignty.

Racial or ethical concept Legal or political concept

1. One nation in one state is termed mono-national state (i.e. the Philippines, Japan). 2. There may be several nations within a single state (i.e. Switzerland).3. There are several states within a single nation (i.e. Arab Nations with more than 50 states (i.e. Egypt, Jordan, Iraq, Kuwait, Saudi Arabia, United Arab Emirates, etc.). 4. There are several nations in several states which is called multi-national states (i.e. United States of America and Russia).

PURPOSE AND NECESSITY OF THE STATE AND ITS GOVERNMENT

1. Domestic peace and order

*The state must ensure internal peace and order for its citizens.*It must uphold the safety of the people within the state against criminals and lawless elements.

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*Provides laws to regulate the people’s conduct and to set an effective system of law enforcement.

2. National Security

*The state must protect and preserve the independence of the country. Like for instance, the state maintains strong armed forces for defense, and goes to war and kill just to protect its citizens. *It is also authorized to forge military alliances/ agreements with other states in order to promote collective security.

3. Blessings of liberty and justice

*It is the objective of the state to secure liberty and justice for its people. *It is the duty of the state to ensure that the people are free to enjoy their rights and is able to dispense legal and social justice to everybody.

4. Promotion of social justice and general welfare *It is the duty of the state to promote the general welfare of the people such as: educational, cultural, health and recreational services, relief operations, housing projects and others.

5. Promotion of public morality

*The government is concerned with moral standards and value judgments. *It should set a high standard of morality especially for the public officials.

6. Economic Development

*It is the duty of the state to promote a climate that would be beneficial to business and other economic activities. Such as the conservation of our ecology, natural resources, promotion of industry and commerce, improvement of transportation and communication, economic planning and coordination.

FORMS OF GOVERNMENT

1. Monarchy. It is a form of government where the ruler is a monarch who holds the throne by hereditary right and by divine right.

2 Kinds of MonarchyAbsolute Monarchy Limited MonarchyThe ruler wields absolute executive, legislative, and judicial powers.

Monarch shares power with the people’s elected officials. He/she governs in accordance with the law, especially the constitution.

Note: At present time, only the limited monarchy is extant. It still exists in some countries such as; United Kingdom, Japan, Thailand, Saudi Arabia and Jordan.

2. Dictatorship or Totalitarian. This is a form of government ruled by a person not coming from a royal family but from the middle class or from the common people. In times of threat or emergency, the people sometimes bestow unrestricted powers to their leader supposedly on a temporary basis only. Oftentimes though, the ambitious dictator finds a way to remain in office and maintain power. Adolf Hitler, for example, promoted himself as the champion and protector of the German people and successfully convinced them that he alone can lead them to greatness. Dictatorship becomes totalitarian when everything is controlled by the dictator. In other words, totalitarianism is the most extreme type of dictatorship.

3. Aristocracy. This is a popular form of government which is ruled by a few. It is derived from the Greek words “aristo” which means best and “kratia or kratus” which means rule. Aristocracy is a government by the best members of the community who are the aristocrats, presumably men of the highest intelligence and integrity.

4. Oligarchy. This is another form of government which is ruled by a few. The oligarchs are different from the aristocrats because they do not come from the nobility unlike the latter. Oligarchs believe that the most important requisites to power are education, good social position and wealth. Generally, the oligarchs serve their own vested interest by using government to promote and protect their

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wealth and influence. This is the reason why the poor detests an oligarch form of government.

5. Democracy. Is derived from the Greek words “demos” which means people, and “kratia or kratus”, which means rule. Therefore, it means that democracy is “a government by the people, of the people and for the people”, as stated by Abraham Lincoln.

Traditionally, democracy is classified as:

1. Pure Democracy. Is one where the will of state is expressed directly and immediately through the people by means of primary assemblies or mass meetings. Referendum, recall and initiative are aspects of direct or participatory democracy.

2. Representative Democracy. One which the will of the state is formulated and expressed through which the agency of the relatively small and select body of persons chosen by the people to act as their representatives (i.e. Congress or the Sanggunians).

6. Unitary Government. This is the form of government that concentrates powers on one organ. It is the national or central government to which the local government units owe their existence and from which they derive their functions and powers. The national government is the one that distributes administrative powers to the component units. E.g. United Kingdom, Spain, France, and the Philippines.

7. Federal Government. A federal or dual government is one in which governmental authority is derived between two organizations, each having its own definite sphere of authority, and neither having the power to interfere with or destroy the other. Generally, a federal government is associated with largely populated countries of different race, nationalities, languages, cultures and religions.

8. Presidential Government. This is a form of government in which the executive power is exercised by a single president who is elected by

a popular vote which is independent and equal with the legislature. This is so, because in the presidential form, the government is divided into three branches such as; executive, legislative, and judiciary. Separation of powers exists among the three branches of the government. There are also checks and balances among them.

9. Parliamentary Government. In this form of government, the executive powers belong to the prime minister and his cabinet. The executive and the legislative are fused, because the members of the cabinet are also members of the parliament or legislatures and the party in power. The executive powers are exercised bthe prime minister. The prime minister and his cabinet can remain in office as long they have the confidence and support of the majority in the parliament.

CONCEPT AND NATURE OF CONSTITUTION

1. Meaning of Constitution

Constitution may be defined as the written instrument by which the fundamental powers of the government are established among the several departments for their safe and useful exercise for the benefit of the body politics.

Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials, must defer. (Cruz, Constitutional Law, 1998 ed., p.4)

In Pilipino term, Constitution means “saligang-batas or konstitusyon”. Constitution has been referred to by some authorities as the “fundamental laws, laws of superior importance, and or basic laws”.

2. Kinds of Constitution

1. According to their origin and history

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1.1 Conventional or enacted – One that is either enacted by a constituent assembly or granted by a ruling prince or monarch like the Prussian Instrument of 1859 or the Japanese Constitution of 1899.

1.2 Cumulative or evolved – One which is a product of growth through a long period of development derived from customs, traditions, and judicial decisions.

2. According to their form

Written Constitution is one in which most of its provisions are embodied in a single formal written instruments. It is the work of conscious art and the result of deliberate effort to lay down a body of fundamental principles under which the government shall be organized and conducted. It has the advantage of clearness, definiteness, stability and security.

A written constitution usually consists of the following:

A. A Preamble which expresses the ideals of nation;

B. Definition of national territory;C. Definition of citizenship;D. Rights and obligations of citizenship

in a so-called Bill of Rights;E. Methods of Suffrage and election

for government officials;F. The structure and functions of the

government; andG. The methods of amending the

constitution. Unwritten Constitution is one which has not been reduced to writing at any specific time but it is the collective product of a gradual political development, consisting of unwritten usages and customary rules, judicial decisions, and legislative enactments of a fundamental character written but scattered in various records without having any compact form in writing.

.3. According to the manner of amending them

Rigid or inelastic - is one which can be amended through a formal and difficult process. Flexible or elastic - is one which can be changed by ordinary legislation.

Note: The 1987 Philippine Constitution is classified as enacted, written, and rigid. (Article XVII, 1987 Phil. Constitution)

Effectivity of 1987 Philippine Constitution

The Philippine Constitution took effect on February 2, 1987, which was the date of plebiscite. (De Leon v. Esguerra, G.R. No. L-78059, August 31, 1987).

4. Aims and purposes of Constitution

* It serves as the supreme or fundamental law of the land.* It establishes the basic framework and underlying principles of government.* It empowers the state.* It ensures government stability.* It protects freedom.* It promotes social and economic development.* It symbolizes the national unity and cultural values of the people.

PREAMBLE

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, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

Meaning of Preamble

The word preamble is derived from the Latin word preambulus which means “going before” and preambulare, “to walk before”. The term preamble means introduction to a main subject. It is the preliminary statement in speech or writing; a preface or introduction. It may also be the introductory part of a piece of writing especially the introductory part of a statute, ordinance, charter or constitution which states the reasons and purpose of the text that follows.

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A constitution or a law may or may not have preamble. In any case, the presence and absence of preamble does not make a constitution or law less or more effective and valid. The preamble cannot create a power of obligation or right as well as privilege unless in other parts of the same, such power, obligation, or right is separately mentioned in the body that follows the discussion.

Objective and Value of preamble

The Preamble of Constitution of the Philippines serves two important ends:

1. It tells us who the authors of the Constitution are and for whom it was promulgated; and

2. It states the general purposes which the Constitution and the government established under it intend to achieve, and the basic principles underlying the fundamental charter.

Source of Constitution’s authority

The use of words, “We, the sovereign Filipino people, imploring the aid of Almighty God xxx, do ordain and promulgate this constitution,” stresses the fact that the Constitution of the Philippines derives its authority from the Filipino people themselves and being so, it is the supreme law of the land.

The term “Filipino people” emphasizes the oneness of the Filipinos as differentiated from the word “people of the Philippines” which may include other inhabitants or aliens.

Belief in God stressed

The reference to the Almighty God points out the religious nature of the Filipino people as they acknowledge the existence of a Supreme Being that guides their destinies and the destiny of the nation. The entire Preamble is like a collective prayer to this Supreme Being, recognizing Him as the source of their authority to promulgate the Constitution.

Changes in the Preamble

The Preamble of the 1973 Constitution was notably changed in the 1987 Constitution. Among the changes are the insertions of the following:

1. The phrase “to build a just and humane society”, which makes it clear that the adoption of the new

Constitution does not only seek the establishment of a new government. A just and humane society may be said to be one where every individual, regardless of his station in life, is treated fairly before the law, and where special concern or preferential attention is given to the poor and the less fortunate so that, like the rest, they may be able to attain a decent standard of living;

2. The phrase “the rule of law”, as a reminder to every one of the nation’s sad experience under an authoritarian regime which has been accused, among others, of numerous violations of human rights, election frauds, graft and corruption, suppression of dissent, and other repressive acts;

3. The word “love”, as a principle together with truth, justice, freedom, equality, and peace, to stress the need for a sense of love to bind all Filipinos, especially during these critical times when armed conflicts and intense political rivalries still continue to divide our nation; and

4. The word “independence”, to emphasize that ours is a free nation which does not owe allegiance to any superior foreign power.

ARTICLE INATIONAL TERRITORY

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. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

PHYSICAL BACKGROUND OF THE PHILIPPINES

1. The Philippines is an archipelago, lying southeast of the coast of the mainland of Asia.

2. It is located a little above the equator and thus belongs to the northern hemisphere.

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3. The total land area of the Philippines is 114, 830 square miles, one half of which is covered by forest.

PHILIPPINES: AN ARCHIPELAGO STATE

The Philippines is an archipelago. It is known as one of the largest archipelagos in the world. The term archipelago is derived from the Greek word pelagos which means sea. It may be defined as a sea or part of a sea studded with islands. The Philippines has an estimated group of islands of 7,107 covering an area of about 300,440 km stretching in discontinuous coastline of about 1,850 km. from north to south. Thus, our country is regarded as a single unit so that all waters around, between, and connecting the islands of the archipelago from part of its internal waters and are, therefore, included in our national territory.

Recognition becomes possible through the effort of the late Foreign Affairs Minister and Former Senator Arturo Tolentino who worked for the adoption of the archipelagic doctrine. This doctrine had initially recognized by the United Nations Convention of the Sea (UNCLOS) on December 10, 1982.

THE CONVENTION ON THE LAW ON THE SEA SIGNED IN JAMAICA ON DECEMBER 10, 1982

1. Fixes a 12 – mile territorial sea limit and established an economic zone of 200 miles from the baselines.

2. It adopts and recognizes the archipelagic principle but recognized limitation thereof, thus:a. Respect for the right of ship and

other states to pass through the territorial as well as archipelagic waters.

b. Respect the right of innocent passage.

c. Respect for the passage through archipelagic sea lanes subject to the promulgation by local authorities of pertinent rules and regulations.

SCOPE OF NATIONAL TERRITORY AS DEFINED IN ARTICLE I

1. The Philippines archipelago, with all the islands and waters embraced therein;

2. All other territories over which the Philippines has sovereignty or jurisdiction consisting of the territorial, fluvial, and aerial domains;

3. The territorial sea, the seabed, the subsoil, the insular shelves and other submarine areas; and

4. The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions.

BODIES OF NAVIGABLE WATER

1. Inland waters – such as rivers, lakes, canals, ports, bays, harbors, and other similar bodies of waters.

2. Internal waters – refers to the bodies of water circumscribed by the imaginary line connecting the points of the outermost islands. Sovereignty in this zone prohibits foreign vessels to travel without the archipelagic State’s consent even in the exercise of rights of involuntary entrance or innocent passage.

3. Territorial sea, waters, or maritime zone – is measured from the baseline and extends up to twelve (12) nautical miles. Foreign vessels can exercise both rights of innocent passage and involuntary entrance in the external waters of the Philippines.

4. Contiguous zone – measured from the edge of the territorial sea up to another twenty – four (24) miles from the baseline. A contiguous zone allows the coastal States to exercise control necessary to prevent and punish infringements of customs, sanitary, fiscal, and immigration regulations within and beyond its territorial sea.

5. Exclusive Economic Zone (EEZ) – it is extended up to a distance of 200 nautical miles from the baselines, which the territorial sea is measured. The Philippines has an exclusive right to explore and exploit natural resources found therein and limited jurisdiction over matters involving customs, fiscal, health, safety, and immigration laws and regulations. (P.D. No. 1599, 1978).

Other Important Terms:

1. High or open seas – waters that lie seaward of the territorial sea and considered international waters not subject to any sovereignty or jurisdiction of any state. Hence, every state has equal rights to use them.

2. Air space – refers to the part of the air above the territorial land of the Philippines.

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3. Sub- soil – includes everything beneath the surface soil, including minerals and natural resources.

4. Sea- bed – also known as sea floor or sea bottom. It refers to the land that holds the sea, lying beyond the shores, including the mineral and natural resources therein.

5. Insular shelves – also known as continental shelves. This refer to the submerged portions of a continent or offshore island, which slope gently seaward from the low water line to a point where a substantial break in grade occurs, at which point the bottom slopes seaward at a considerable increase in slope until the great ocean depths are reached. (Hector De Leon, Phi. Consti. p. 58).

ARTICLE IIDECLARATION OF PRINCIPLES AND

STATE POLICIES

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.

Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State

and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

Section 6. The separation of Church and State shall be inviolable.

STATE POLICIES

Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

Section 10. The State shall promote social justice in all phases of national development.

Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

Section 14. The State recognizes the role of women in nation-building, and shall ensure the

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fundamental equality before the law of women and men.

Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.

Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

Section 21. The State shall promote comprehensive rural development and agrarian reform.

Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.

Section 24. The State recognizes the vital role of communication and information in nation-building.

Section 25. The State shall ensure the autonomy of local governments.

Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.

Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

ARTICLE IIIBILL OF RIGHTS

MEANING OF BILL OF RIGHTS

It refers to those individual rights and privileges set out in the constitutional declarations and legislative enactments that must be accorded to every purpose. (HEMPHILL’S LAW DICTIONARY)

CONCEPT OF A BILL OF RIGHTS

The Bill of Rights is that part of the Constitution which lists the basic rights of a person that the Constitution seeks to protect from any violation by the government, any individual, or by any group of individuals. Thus, it limits the powers of the government. The fact that the other individuals have the same rights likewise limits how we exercise our rights. In addition to the bill of rights, other provisions of the Constitution guarantee other rights of the people such as the right to education (Art. XIV) and the right to social justice. (Art. XII)

CLASSIFICATION OF RIGHTS

1. Natural Rights. These rights are naturally conferred upon a person by his creator as human and rational being, which are so indispensable and inalienable. A person needs not to invoke the source of his right, as right to life, for example, is an inherent one.

2. Constitutional Rights. These rights are generally granted by the expressed provisions of the organic law of the State. Example is the right to suffrage as enjoyed by a Filipino citizen.

3. Statutory Rights. These are rights that are promulgated by special laws or laws passed by the legislature. Example is the minimum wage law.

KINDS OF CONSTITUTIONAL RIGHTS

1. Political Rights. These are rights enjoyed by the citizen of the State. These rights are being conferred on a person upon membership to the political organization of the State. Like suffrage, the right to vote and to be voted upon.

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2. Civil Rights. These are rights granted to individuals for the enjoyment of his happiness. These include, among others, their social, economic, and cultural rights. Right to marry and right to enter into a contract are some examples.

3. Social and Economic Rights. These are the rights that guarantee an individual the right for the enjoyment of his well- being and his security in the State. Like the right to join cooperatives or organizations, the right to own a business enterprise, and the right to profit thereof.

4. Rights of an Accused. These rights are defined under the bill of rights. The rights of an accused entail full protection of the concerned party under custodial investigation.

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 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 Section 17 hereof

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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, 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.

1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. 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.

2. 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.

ARTICLE IVCITIZENSHIP

Section 1. 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.

Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

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Section 4. 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 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

ARTICLE VSUFFRAGE

Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot

Meaning of suffrage

The right and obligation to vote in the election of government officers and in the decision of public questions submitted to the people.

Scope of suffrage

A. Election – This refers to the means by which people choose certain officials to represent them in the administration of the government.

B. Plebiscite – This refers to an election wherein people decide whether to accept or reject certain changes in the Constitution. – It is also employed to

determine the will of the residents in a

local government unit regarding certain local issues. (See Art. X, Sections. 10, 18)

C. Referendum – This refers to the submission of a law or a part thereof passed by Congress or a local legislative body to the people for their approval or rejection. (See Art. VI, Sec. 32)

D. Initiative – This refers to the process whereby the people directly propose and enact laws. Changes in the Constitution may likewise be directly proposed by the people through initiative. (See Art. XVII, Sec. 2)

E. Recall – This refers to the means by which a local official may be removed from office even before he finishes his term by a vote of the people. (See Art. X, Sec. 3)

Suffrage is both a right and a privilegeIt is a right because it is the expression of the sovereign will of the people.It is a privilege because its exercise is granted not to everybody but only to such persons or class of persons who are most likely to exercise it for the purpose of public good.

The Right of Suffrage: Its substantive and procedural requirements.

In a representative democracy such as ours, the right of suffrage, although accorded a prime niche in the hierarchy of rights embodied in the fundamental law, ought to be exercised within the proper bounds and framework of the Constitution and must properly yield to pertinent laws skilfully enacted by Legislature, which statutes for all intents and purposes, are crafted to effectively insulate such so cherished right from ravishment and preserve the democratic institutions our people have, for so long, guarded against the spoils of opportunism and abuse.

To be sure, the right of suffrage is not at all absolute. Needless to say, the exercise of the right of suffrage, as in the enjoyment of all other rights, is subject to existing substantive and procedural requirements embodied in our Constitution, statute books and other

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repositories of law. Thus, as to the substantive aspect, Section 1, Article 5 of the Constitution provides:

“Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.”

As to procedural limitation, the right of the citizen to vote is necessarily conditioned upon certain procedural requirements he must undergo. Among others, the process of registration. Specifically, a citizen in order to be qualified to exercise his right to vote, in addition to the minimum requirements set by the fundamental charter, is obliged by law to register, at present, under the provisions of RA No. 8189, otherwise known as “Voter’s Registration Act of 1996.” (Akbayan-Youth v. COMELEC, 355 scra 318, March 26 2001)

Who prescribes disqualifications?

Answer: The Congress has been given the discretion to create disqualifications. However, the Congress is prohibited from prescribing any literacy, property, or other substantive requirements.

What is the rationale for lowering the age to 18 years old?

Answer:

a. Majority of the voters are young people;

b. Who are actively involved in a community affairs; and

c. Are actively involved in both local and national issues affecting not only a particular community but the whole country.

What does residence mean?

Residence, in its ordinary conception, implies the factual relationship of an individual to a certain place. It is the physical presence of a person in a given area, community or country. The essential distinction between residence and domicile in law is that residence involves the intent to leave when the purpose for which the resident has taken up his abode ends. One may seek a place for purposes such as pleasure, business, or health. If a person's intent be to remain, it becomes his domicile; if his intent is to leave as soon as his purpose is established it is residence. 22 It is thus, quite perfectly normal for an individual to have different residences in various places. However, a person can only have a single domicile, unless, for various reasons, he successfully abandons his domicile in favor of another domicile of choice. In Uytengsu vs. Republic, we laid this distinction quite clearly:

There is a difference between domicile and residence. "Residence" is used to indicate a place of abode, whether permanent or temporary; "domicile" denotes a fixed permanent residence to which, when absent, one has the intention of returning. A man may have a residence in one place and a domicile in another. Residence is not domicile, but domicile is residence coupled with the intention to remain for an unlimited time. A man can have but one domicile for the same purpose at any time, but he may have numerous places of residence. His place of residence is generally his place of domicile, but it is not by any means necessarily so since no length of residence without intention of remaining will constitute domicile.

For political purposes the concepts of residence and domicile are dictated by the peculiar criteria of

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political laws. As these concepts have evolved in our election law, what has clearly and unequivocally emerged is the fact that residence for election purposes is used synonymously with domicile.

In Nuval vs. Guray, the Court held that "the term residence is synonymous with domicile which imports not only intention to reside in a fixed place, but also personal presence in that place, coupled with conduct indicative of such intention." Larena vs. Teves reiterated the same doctrine in a case involving the qualifications of the respondent therein to the post of Municipal President of Dumaguete, Negros Oriental. Faypon vs. Quirino, held that the absence from residence to pursue studies or practice a profession or registration as a voter other than in the place where one is elected does not constitute loss of residence. So settled is the concept (of domicile) in our election law that in these and other election law cases, this Court has stated that the mere absence of an individual from his permanent residence without the intention to abandon it does not result in a loss or change of domicile.

Is literacy requirement necessary or required?

Answer: No. One who is illiterate is not necessarily ignorant. Illiterate persons now know what is happening in their community and in their country.

What is the logical basis for securing the secrecy and sanctity of the vote?

Answer:

a. To exercise the right to vote with absolute freedom;

b. To cast his or her vote with their own choices without fear, force, intimidation or any kind of undue presence.

What is Absentee Voting Law?

Answer: Under Section 2 of RA 9189 – is an exception to the six- month/ one – year residency requirement.

System for Absentee Voting by qualified Filipinos:

1. Filipinos abroad – Those who by force of circumstances (e.g. need to earn living) have temporarily work and reside abroad but who still feel love and concern in their hearts for their native land remain part of our Republic. Hence, they should also be given the right to vote.

2. Filipinos within the country – Within the country, absentee voting by the government officers and employees (e.g. soldiers, teachers), who might be away from the places of voting by reason of official functions or work on Election Day may also be allowed.

********** END**********

Website / Electronic source:www.wikipedia.com

Reference books:De leon, Hector S. Sr. and De leon, Hector Jr. (2010). Constituion Made Easy. Rex Printing Company, Inc.Suarez, Rolando A. (2005). The 1987 Constitution of the Republic of the Philippines. Rex Printing Company, Inc.Ramirez, Efren Sr. (2007). The New Philippine Constitution. F.F. SIBI ENTERPRISES, INC.

http://www.wikipedia.com/

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