PGC | Philippine Government & Constitution

Prelims Reviewer

THE CONCEPT OF STATE

State

o Community of persons more or less numerous in number occupying the definite territory

with government free of external control

o Elements:

People

A state can’t be a state without rational beings

World is governed by laws of men

People determines the law that can be applied

Laws in this context: Laws of men ; not laws of nature

Law: Law is ordinance of reason promulgated by the authority for the

common good

o 4 elements

Reason

Rule of action

Anything that governs us is of reason

Promulgated/Promulgation

o Act of making

o Informing others of the law

o Congress is mandated/required to

publish laws

By the authority

Congress makes the law

Everything that we do is provided by the

congress

National in scope

Local scope: mini-congress

o Ordinance: available only to the place

where official is elected

Ordinance

For the common good

Majority: 50%+1

Territory

Not limited to the land

Pertains to the land, water, sea and air

Countr has exclusive power and right

If you’ll go to the other country, you’ll pay

You have to know your territory

o As a sovereign people, you are free to go to your territory

without asking permission

Government

Agent of state ; not the actual state

Forms of government

o Monarchial

Run by royalties

Saudi, Brunei, Bahrain, UAE

The King and Queen has actual powers

Note: England is not a monarchial country ; the

establishment of king & queen there is ceremonial only

o Parliamentary

Makes law

Run by a prime minister

Provinces will elect members of parliament

Members of parliament will choose prime minister

In this context, anytime they can change a prime minister

o Presidential

The act of directly choosing a leader

Sovereignty

Capability of a country to decide on its own in running its business

Free of external control

As a country, we have our own power

3 Equal Branches

o Executive

The president is the only member

Alter-egos: Representatives / secretary of departments

o Legislative

Composed of senators & representatives

Makes law

House of representatives

Composed of district representatives & party list representative

o Judiciary

Supreme court, justices

Interprets the law and invalidates if its against the constitution

3 Inherent Powers of the State

o Inherent: nothing gives this power of the state

o Power of taxation

Is the power of the state exercised by the government to collect of money from

the people and this money is called taxes in order to pay government’s expenses

Money generating income of government

LRT

SLEX, NLEX

PCSO

LTO (renewal)

Airports

Philippine ports

Franchise fee (LTRFB)

Characteristics of tax

Progressive taxation

o Your income increases, tax increases

Regressive taxation

o More income, less taxes

Obligatory in nature

o Power of eminent domain

Power of the state exercised by the government to take property

For public use

o Cannot take for their own benefit

There is a just compensation

o Letting the government sell your property based on the assessed

value of the property.

o Police power of the state

Power to enact, make, create modify laws for the general welfare of the people

Power to make laws

THE CONSTITUTION

Preamble

o Is not a part of constitution

o Introduction of the constitution

o Sentimentality of the Filipino people about our sovereignty

*The constitution is not global, it does not affect other countries.

Philippine Territory

o Terrestrial, aerial, fluvial domains

Aerial: High above the humans could go

Restumones: the thing for everyone (no one owns the moon, the sun etc)

o Farthest island in the north: Y’ami Island

o Territory limitations:

Plotting the outermost line using straight baseline method

Coverage: 12 nautical miles from the straight baseline (19KM – Local)

Territorial sea:

24KM from straight baseline (contiguous zone)

200 nautical miles (exclusive economic zone)

350 nautical miles (extended continental shelf)

*Pacific ocean

- anyone could go without permission

BILL OF RIGHTS

Article 3

o Bill of rights is a set of rights provided by the people for the possible abuses of the

government officials

Government: exercising the power of state

State is only an idea

People is aware that people made up the government

1st step: Divide the government to 3 branches

Each branches check each balance of each other

People directly provided specific rights in order to protect from

government

o Section 1, Article 3

Consists of 2 rights

Refers to due process

o Equal protection of the law

o Due process

Giving the opportunity of the person to be heard

Opportunity explain himself/herself

o 2 aspects

Substantive

The manner that a bill became a law

Bill became a law if initiated

o 1st reading: Reading of the title

o 2nd reading: Debate and discussion

o 3rd reading: Vote if to pass the bill

o Senate accept bill, & co-sponsor it. Bill

will be passed to president for approval.

o If the readings are executed in a

shortcut manner, it will be called a

denial substantive due process and will

be denied

o Effectivity of a law is upon publication

Procedural

The manner a person is treated when crime is

committed

Person undergo steps to ensure rights are

protected

Elements of procedural due process

o Notice of allegation

First step

Allows a person to know what

he is accused of

Maybe notified through the use

of demand letter

o Arraignment

Stage in the proceeding where

the court accept or deny

Oppurtunity to shorten or

lengthen the proceedings

o Oppurtunity to present evidence

Accused would actually present

evidence

Types of evidence

Documentary (title, receipt,

diploma, etc)

Object (object that is

involved in the crime)

Testimonial

a. Not limited to what

you saw (maybe

what you felt,

tasted, smelled,

heard)

b. Personal knowledge

of the enact

c. Hearsay witness is

not reliable

o Decision must be based on evidence alone

o Bribery is not allowed

o Disregard the influences

o Concentrate on evidence, not

lawyers

*Equal protection of the law

Is the government allowed to discriminate people?

o Constitution allows discrimination

o Discrimination is a tool to provide services

o Discrimination not in a American context

o Discrimination to have privileges

When could the government could discriminate?

o Substantial distinction

Standard that is capable of being measured

Quantifiable

Sample:

Discounts

o Senior via age (starts from 60+)

Paternity leave

o Father via weding certificate

Tourism industry

o Jobs that requires height requirement

SUMMARY OF ENUMERATIONS

Elements of state

o People

o Territory

o Government

o Sovereignty

4 Elements of Law

o Reason

o By the authority

o Ordinance

o For the common good

Forms of Governm

ent (only those that are discussed)

o Monarchial

o Parliamentary

o Presidential

3 Equal branches of Philippine Government

o Executive

o Legislative

o Judiciary

3 Inherent Powers of State

o Power of Taxation

Characteristics of Tax

Progressive

Regressive

o Power of Eminent Domain

o Police power of the state

Section 1, Article 3

o Due process

Aspects of Due Process

Procedural

o Elements of Procedural

Notice of allegation

Arraignment

Oppurtunity to present evidence

Decision must be based on evidence alone

Substantive

National 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.

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.

IM 102 Prelim Reviewer

Compiled notes from reporters from 4ITA,C and D.

Notes may be incomplete.

Giving credits is appreciated.

Study hard, Godbless! #RoadTo2015

© Daisyrie Sabulao 2014

Distributed by: Society of Information Technology Enthusiasts (SITE)