Philippine Government and the Constitution

Philippine Government and the ConstitutionThe nature and concept of politics

Politics is the exercise of power or authority, it is seen as a process of collective decision-making, as the allocation of scarce resources, as an arena of deception or manipulation. Politics is a social activity; it develops out of diversity (the existence of range of opinions, wants, needs or interests and said diversity is closely linked to the existence of conflict. Politics is about decisions, collective decisions that are binding upon a group of people.

Politics as the Art of Government: It is the exercise of control within society through the making and enforcement of collective decisions. This definition was derived from the word polis which literally means city-state. Ancient Greek society was divided into a collection of independent city-states, each of which possessed its own system of government. Politics can be understood to refer to the affairs of the polis.

A person is said to be in politics when they hold a public office or be entering politics when they seek to do so, the right of a person or institution to make decisions on behalf of the community. According to David Easton-politics is the authoritative allocation of values; politics has therefore come to be associated with policy, formal or authoritative decisions that establish a plan of action for the community. Moreover, it takes place within a polity-a system of social organization centered upon the machinery of government.

Politics as the art of the possible: Politics is a means of resolving conflict by compromise, conciliation, and negotiation, politics is seen as that solution to the problem of order which chooses conciliation rather than violence and coercion. Politicians themselves are typically held in low esteem because they are perceived to be power-seeking hypocrites who conceal personal ambition behind the rhetoric of public service and ideological conviction.

Politics as public affairs: The distinction between the political and non-political coincides with the division between the political and non-political coincides with the division between an essential public sphere of life and what is though as a private sphere. Politics goes on within public bodies such as the government but does not take place within the private domain the home, family and personal relationships. Politics as a public activity stops only when it infringes upon personal affairs and institutions.

For this reason, while many people are prepared to accept the form of politics takes place in the workplace, they may be offended and even threatened by the idea that politics intrudes into family, domestic and private life. From the liberal point of view, the maintenance of the public/private distinction is vital to the preservation of individual liberty, typically understood as a form of privacy or non-interference. If politics is regarded an essentially public activity centered upon the state, it will always have a coercive character-the state has the power to compel the obedience of its citizens.

Politics as a distinctive form of human activity, as it pervades every corner of human existence. Politics is at the heart of all collective activity, formal and informal, public and private, in all human groups, institutions and societies. Politics thus arises out of the existence of scarcity, while human needs and desires are infinite, the resources available to them are always limited, politics therefore comprises any form of activity through which conflict about resource allocation takes place.

Politics is the process by which communities pursue collective goals and deal with their conflicts authoritatively by means of government. When we say politics is a process, we mean that it is a continuing sequence of events and interactions among various actors, such as individuals, organizations and governments. The concept of process also implies that these political interactions generally take place within a structure of rules, procedures and institutions rather than haphazardly.

More than anything else, politics is about how people organize their collectively tackling the problems they face. A community can be any interacting collectivity of individuals, from the tiniest village to the world as a whole. Whichever size of the community may be, human beings from time immemorial have found ways to organize their interactions in order to promote various goals or endeavors. Perhaps the most basic goals sought by just about every country in the world are physical security and material well being. Virtually all nations want to secure the safety of their population and territory against outside aggression and most would want to improve their living standards.

Beyond these basic goals, communities can choose from a list of potential ones, from maximizing individual freedom to improving social welfare, from cleaning up the environment to building powerful military establishments. In the best circumstances, the members of a community are able to define and accomplish their goals on the basis of cooperation. But few communities are also fortunate as to be without conflict. Even if there is wide consensus on what the communitys goals should be, conflicts frequently arise over how to go about achieving them. Indeed, many political observers would assert that conflict is the driving force of politics.

The Government and State

Government is that institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them.

The activity of government involves the ability to make decisions and to ensure that they are carried out. Government functions in the making of laws, implementation of laws and the interpretation of laws.

Government is the aggregate of authorities, which rules a society. The functions of government are as follows: 1) delivery of goods and services; 2) regulation/control behavior; 3) extraction of support; and 4) information and communication.

Forms of government: As to the number of persons exercising sovereign powers

1. Monarchy-one in which the supreme and final authority is in the hands of a single person without regard to the source of his election or the nature or duration of his tenure, monarchies are further classified into: 1) absolute monarchy: one in which the ruler leader by divine right; 2) limited monarchy: one in which the leader rules in accordance with the constitution.

2. Aristocracy-one in which political power is exercised by a few privileged class, which is known as the aristocracy or oligarchy

3. Democracy-one in which political power is exercised by a majority of the people, democratic government are further classified into: 1) direct or pure democracy-one in which the will of the state is formulated or expressed directly and immediately through the people in mass meeting or primary assembly rather than through a medium of delegates or representatives chosen to act for them; 2) Indirect, representative or republican democracy: one in which the will of the state is formulated and expressed through the agency of a relatively small and select body of persons chosen by the people to act as their representatives.

As to the extent of powers exercised by the central or national government:

1. Unitary Government: one in which the control of national and local affairs is exercised by the central or national government

2. Federal Government: one in which the powers of government are divided between two sets of organs, one for national affairs and the other for local affairs, each organ being supreme within its own sphere.

As to the relationship between the executive and the legislative branches of government:

1. Parliamentary: one in which the state confers upon the legislature the power to terminate the tenure of office of the real executive. Under this system, the cabinet or ministry is immediately and legally responsible to the legislature and immediately or politically responsible to the electorate

2. Presidential-one in which the state makes the executive constitutionally independent to the legislature as regards his tenure and to a large extent as regards his policies and acts and furnishes him the necessary powers to prevent the legislature from trenching upon the sphere marked out by the constitution as executive independence and prerogative

State-is a community of persons more or less numerous, permanently occupying a definite portion of territory, independent of external control and possessing an organized government to which a great body of inhabitants render habitual obedience. The government of a state may be overthrown but the state remains. The state has four components and these are territory, sovereignty, government and people.

Elements of the state:

1. People: refers to the mass of population living within the state. Without people there can be no functionaries to govern and no subjects to be governed. There is no requirement as to the number of people that should compose a state. But it should be neither too small nor too large: small enough to be well governed and large enough to be self-sufficing

2. Territory: it includes not only the land over which the jurisdiction of the state extends, abut also the rivers and lakes therein, a certain area of sea which adjoined upon its coasts and the air space above it.

3. Government: it refers to the agency through which the will of the state is formulated, expressed and carried out. Government used to refer to the person or aggregate of those persons in which hands are placed for the time being the function of political control.

4. Sovereignty: defined as the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and corollary to have freedom from foreign control. It may be internal or the power of the state to rule within its territory or external or the freedom of the state to carry out its activities without subjection to or control by other states

Origins of the state:

1. The Divine Right theory: the state is of divine creation and the ruler is ordained by God to govern the people. Reference has been made by advocates of this theory to the laws which Moses received at Mt. Sinai

2. Necessity or force theory: it maintains that states must have been created through force, by some great warriors who imposed their will upon the weak

3. Paternalistic theory: it attributes the origin of states to the enlargement of the family which remained under the authority of the father or mother. By natural stages, the family grew into a clan, then developed into a tribe which broadened into a nation, the nation became a state

4. Social Contract theory: it asserts that early states must have been formed by deliberate and voluntary compact among people to form a society and organized government for their common good. This theory justifies the right of the people to revolt against a bad ruler.

State distinguished from nation:

1. The state is a political concept, while nation is an ethnic concept. A nation is a group of people bound together by certain characteristics such as common origin, language, customs and traditions and who believe that they are one and distinct from others.

2. The state is not subject to external control while a nation may or may not be independent of external control

3. A single state may consist of one or more nations or peoples and conversely a single nation may be made up of several states. The United States is a melting pot of several nationalities, on the other hand, the Arab nation is divided politically into several sovereign states among them are Egypt, Saudi Arabia, Jordan, Syria, Lebanon

State distinguished from government:

1. The government is only the agency through which the sate expresses its will. A state cannot without a government, but it is possible to have a government without a state. Thus we had various governments at different periods of our history.

2. A government may change, its form may change, but the state, as long as tis essential elements are present, remains the same

Main concepts in Government:

Power to-the ability to achieve a desired outcome, power over-is thought of a relationship of control by one person over another. Power is seen as the capacity to make formal decisions, which are in some way binding upon others.

Influence is the ability to affect the content of decisions though some form of external pressure, highlighting that fact that formal and binding decisions are not made in a vacuum. Influence may therefore involve anything from organized lobbying and rational persuasion, through open intimidation

Authority is the right to exercise power, is based upon a perceived right to rule and brings about compliance through moral obligation on the part of the ruled to obey. Authority always has a moral character. This implies that that it is less important that authority is obeyed than that it should be obeyed. In this sense, a teacher is said to have authority to demand homework from students even if they persistently disobey. The relationship between authority and an acknowledged right to rule explains why the concept is so central to the practice of government, in the absence of willing compliance, governments are only able to maintain order by the use of fear, intimidation and violence.Legitimacy is the quality that transforms power into rightful authority; it confers upon an order or command, an authoritative or binding character, ensuring that it is obeyed out of duty rather than because of fear. Legitimacy is considered as the widespread acceptance of the exercise of power and authority. In the absence of legitimacy, government can only be sustained by fear, intimidation and violence.

The Concept of Governance:

Why the concern on governance?

The emergence of new government has been propelled by the decline of state capabilities, particularly its financial resources during the 1980s and 1990s. The management of the financial crisis of the state has highlighted the tremendous inertia associated with changing both revenue structures and expenditures. Another component of this problem has been the waning political support; the publics reluctance towards further tax rises is surpassed only by its resistance to cutbacks in public spending. In a governance perspective, we see governments essentially unable to transform the economy; expenditures patterns are politically sensitive and administratively locked in while taxes and other revenues must be handled with great political caution. Governments have not been totally inert. They have fund that consumption taxes provoke less resistance than do income taxes and they have also found that fees and taxes linked to specific expenditures are palatable to the public, but the state still encounters public skepticism about raising revenue.

Within this context, governance has become an attractive philosophy and political strategy. By involving private actors and organized interests in public service delivery activities, governments have attempted to maintain their service levels even while under severe budgetary constraints. By blurring the private and public distinction, the states problems in managing its affairs are portrayed more as a matter of the tasks and challenges the state is facing rather than a consequence of poor public management. Governance in this perspective is used to provide the acceptable face of spending cuts. In an era when government has increasingly become equated with slow bureaucracy and a collectivist political thinking, incorporating private sector management thinking and diversifying public service delivery have emerged as an attractive strategy.

Strong governance means the exercise and assumption of political, economic and administrative authority to reconcile the interests and welfare of every sector of society. It also means mobilizing their respective strengths while liberating them from their weaknesses. Government must be both minimalist and interventionist. On the one hand, it assumes a minimalist role in the conduct of business if it is to acknowledge that it is the private sector that serves as the engine of growth. This is the reason for liberalization, privatization and deregulation. On the other hand, it must intervene actively if the market solution is inappropriate to address the interest of the poor, the powerless and the so called marginalized sectors which include the workers, farmers, fishermen and indigenous communities. Government must address the plight of these sectors so that they may be brought and reconciled into the mainstream of productive economic activities. In short, government must not only be concerned with economic growth, it too must be concerned with redistributing the fruits of this growth. It is here that we find the substance of governance. Government must not only be concerned with the efficient allocation of resources but also with ensuring that society as a whole, is more equitable, humane and just.

Defining Governance:

Governance is the process whereby elements in society wield power and authority and influence and enact policies and decisions concerning public life, economic and social development. Governance chooses management over control because its system is permeable, admits outside influences, assures no omnipotence or omniscience on the part of the decision maker and subjects decisions to the evaluation and critique of all those with a stake in them.

In governance, all of society is involved in managing public affairs. The state continues to play the key role in enabling and facilitating the participation of other elements of society. It is a strong entity that recognizes the significance and autonomy of other sectors without overwhelming them. It works almost in the background, creating an environment that enables and facilitates the market and civil society to make their own creative and decisive contributions. The state as an enabler provides the legal and regulatory framework and political order within which firms and organizations can plan and act.

The other major role of the state is to facilitate by providing resources to assist markets and communities. Such resources include information, technical expertise and advice, research and development programs, physical infrastructure as well as grants in aid or incentives schemes.

Collaboration between the state and civil society is involvement by both in all phases of the policy process. The participation of market and civil society in governance adds new role to the state-that of building partnerships and linkages to the two sectors. Moreover the engagement of the state shifts the social picture from elite control to active partnership.

Developing capacity for good governance should be a primary means of eradicating poverty. Governance refers to the exercise of political, economic and administrative authority in the management of a countrys affairs at all levels. Governance comprises the complex mechanisms, processes and institutions, through which citizens and groups anticipate their interests, mediate their differences and exercise their legal rights and obligations. Good governance has many attributes. It is participatory, transparent and accountable. It is effective in making the best use of resources and is equitable and it penetrates the rule of law.

Governance includes the state, but transcends it by taking in the private sector and civil society. All three are critical for sustaining human development. The state creates a conducive political and legal environment. The private sector generates jobs and income and civil society facilitates political and social interaction-mobilizing groups to participate in economic, social and political activities. Because each has weaknesses and strengths, a major objective of support of good governance is to promote constructive interaction among all three.

Elements of governance:

1. Participation: all men and women should have a voice in decision-making, either directly or through legitimate intermediate institutions that represent their interests. Such broad participation is built on freedom of association and speech as well as capacities to participate constructively.

2. Rule of Law: legal frameworks should be fair and enforced impartially, particularly the laws on human rights. The establishment and persistence of the rule of law depend on clear communication of the rules, indiscriminate application, effective enforcement, predictable and legally enforceable methods of changing the content of laws and a citizenry that perceives the set of rules as fair, just or legitimate and that is willing to follow it.

3. Transparency: built on the free flow of information. Allows stakeholders to gather information that may be critical to uncovering abuses and defending their interests. Transparent systems have clear procedures for public decision making and open channels of communication between stakeholders and officials and make a wide range of information accessible.

4. Responsiveness: institutions and processes try to serve all stakeholders

5. Consensus orientation: good governance mediates differing interests to reach a broad consensus on what is in the best interests of the group and where possible, on policies and procedures.

6. Equity: all men and women have opportunities to improve or maintain their well being

7. Effectiveness and efficiency: Processes and institutions produce results that meet needs while making the best use of resources.

8. Accountability: Officials should be liable for their actions and decisions. Officials must answer to stakeholders on the disposal of their powers and duties, act on criticisms or requirements made of them and accept responsibility for their failure, incompetence or deceit.

9. Strategic vision: leaders and the public have a broad and long term perspective. THE CONSTITUTION:

The Constitution refers to that body of rules and principles in accordance with which the powers of the sovereignty are regularly exercised. It is regarded as the highest law of the country. The Constitution of the Philippines serves as the written instrument by which the fundamental powers of the government are established, limited and defined and by which these powers are distributed among several departments or branches for their safe and useful exercise for the benefit of the people.

Other definitions of the Constitution:

The fundamental law of the land;

That body of rules and maxims in accordance to which the powers of the sovereign are habitually exercised;

The organic and fundamental law of a nation or state, which may be written and unwritten, establishing the character and conception of its government, laying the basic principle of which its internal life is to be conformed, organizing the government, and regulating, distributing and limiting the functions of its different departments and prescribing the extent and manner of the exercise of sovereign powers;

A fundamental law which outlines the framework of government and defines the relations between a person or citizen and the state based on a political philosophy;

The instrument by which the people expressly grant the exercise of the supreme power of sovereignty to their executive, legislative and judicial leaders; and

The embodiment of the supreme power of the people authorizing the exercise of the legislative, executive and judicial powers of the state by a distinct person or body of persons in accordance with its delineation, division and counter balancing of powers.

Nature and function of Constitution:

1. Serves as the supreme or fundamental law-a constitution is the charter creating the government. It has the status of supreme or fundamental law as it speaks for the entire people from which it derives its claim to obedience. It is binding on all individual citizens and all organs of the government.

2. Establishes basic framework and underlying principles of government-the purpose of the constitution is to prescribe the permanent framework of the system of government and to assign to the different departments or branches, their respective powers and duties, and to establish certain basic principles on which the government is founded.

Constitutional law may be defined as that branch of public law, which discusses constitutions, their nature, formation, amendment and interpretation. It refers to the law embodied in the Constitution as well as the principles growing out of the interpretation and application made by the courts (particularly the Supreme Court) of the provisions of the Constitution in specific cases. Thus the Philippine Constitution itself is brief but the law of the Constitution lies scattered in thousands of Supreme Court decisions.

THE PREAMBLE OF THE 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, 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.

The term preamble is derived from the Latin preambulare which means to walk before. It is an introduction to the main subject. It is the prologue of the Constitution.

The Preamble sets down the origin and purposes of the Constitution. While a preamble is not a necessary part of a Constitution, it is advisable to have one. In the case of the Philippine Constitution, the preamble which is couched in general terms, provides the broad outline of, and the spirit behind, the Constitution.

The Preamble is a statement of the ideals and aspirations of the people through their duly elected representatives the framers of the Constitution. In the case of the 1987 Constitution, the framers intended the preamble to express the spirit and ideals that animate the provisions of the body of the Charter. The Preamble is a kind of vision/mission statement for the country. It contains the values that our nation desire for our country, government national life and individual life.

It serves two important aims: 1) it tells us who are the authors of the Constitution and for whom it has been promulgated; 2) it states the general purposes which are intended to be achieved by the Constitution and the government established under it, and a certain basic principles underlying the fundamental charter.

The Preamble may serve as an aid in the Constitutions interpretation. The Preamble has a value for purposes of construction. The statement of the general purposes may be resorted to as an aid in determining the meaning of vague or ambiguous provisions of the Constitution proper.

THE NATIONAL TERRITORYThe national territory comprises the Philippine archipelago, with all islands and waters embraced therein and all other territories over which the Philippines has sovereignty and jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the sea bed, the subsoil, the insular shelves and other sub marine 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.

The term territory includes three elements: land (terrestrial), air (fluvial) and air space (aerial domain). This should correct the misconception that it is limited to the land domain only. Because air space is part of the national territory is the reason, why radio and television stations must obtain a franchise from Congress. This is also the reason why airline companies must obtain rights to use the aerial superhighway

The term territory has two concepts: political and legal. The political concept of territory conceives of it as the matrix and framework of its political independence and national security. The territory serves as the area within which sovereign powers are exercised. National security demands the preservation of he integrity of the national territory.

The legal concept of the territory contemplates the territory as one of the essential elements of the state. Without a territory, a state cannot come into existence. It is also an element for the exercise of sovereignty. The territory of the state is coterminous with its sovereignty and can thus be exercised only within its territorial boundaries. All persons, whether Filipino citizens or foreigners and things, whether real or property, located within the territory, are subject to the supreme authority of the state.

DECLARATION OF PRINCIPLES AND STATE POLICIESSection 1: The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them.

A republican government is a democratic government by representatives chosen by the people at large; it is considered as indirect rule. Sovereignty of the people is exercised through suffrage and public officials. The section recognizes that the people, as the ultimate judges of their destiny, can resort to revolution as a matter of right.

Features of republicanism: 1) government based on popular sovereignty or consent of the governed; 2) suffrage or franchise; 3) individual rights guaranteed by the Bill of Rights in the Constitution.

A republican government is a government of the people, by the people and for the people. It is one where ultimate power is exercised directly by the people and indirectly by civilian leaders elected in accordance with the procedures laid down in the Constitution or in accordance with publicly recognized procedures of transferring power.

The right to revolution is implicit in republicanism. The democratic doctrine of the right to revolution postulates that any people has the right to change or abolish a government that does not secure for them their natural right to life, liberty and the pursuit of happiness and to institute a new form of government that secure these inherent rights. It recognizes the use of force after the exhaustion of all peaceful means.

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.

It is in accordance with the principle of the United Nations Charter binding all members to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state.

The declaration refers only to the renunciation by the Philippines of aggressive war, not war in defense of her national honor and integrity. Men and nations cannot waive in advance the basic right of self preservation. Under Article VI, Section 23 (1) of the Constitution, Congress with the concurrence of two thirds of all its members, voting separately, may declare the existence of a state of war.

International law refers to the body of rules and principles, which governs the relations of nations and their respective peoples in their relations with one another. The Philippines seeks only peace and friendship with her neighbors and all countries of the world, regardless of race, creed, ideology and political system. 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.

Civilian supremacy over the military provides the necessary safeguard against martial law. The AFP should follow the constitutions mandate in order to in the hearts and minds of the people in the efforts to resolve the long drawn insurgency problem and fulfill its crucial task as an effective guardian of the nations safety against any threat to its existence, either foreign or domestic. The AFP shall be the protector of the people and the state to secure the sovereignty of the state and the integrity of the national territory. This means fighting all forces, internal and external, which seek to overthrow the government, impair the independence of the nation or dismember any portion of the 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:

The government exists for the people and the defense of the country is one of the citizens most important duties.

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

Only when peace and order, security and a life of dignity are established and maintained, will political stability and economic prosperity become attainable and the people truly enjoy the blessings of independence and democracy.

Section 6: The separation of the church and state shall be inviolable.

The principle simply means that the church is not to interfere in purely political matters or temporal aspects of mans life and the state in purely matters of religion and morals which are exclusive concerns of the other. The demarcation line calls on the two institutions to render onto Caesar the things that are Caesars and unto God the things that are Gods. This is not as simple as it appears for the exact dividing line between the respective domains or jurisdictions of the Church and the state has always been the subject matter of much disagreement. The term Church as in the Constitution, covers all faiths.

A wall of separation between the Church and the state means that:

a) The state shall have no official religion;

b) The state cannot set up a church, whether or not supported with public funds; nor aid one religion, aid all religions, or prefer one religion over another;

c) Every person is free to profess belief or disbelief in any religion;

d) Every religious minister is free to practice his calling; and

e) The state cannot punish a person for entertaining or professing religious beliefs or disbeliefs

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

In the states pursuit of an independent foreign policy, the constitution is aware of the unwelcome consequences of a policy characterized by excessive dependence on another country. An independent foreign policy simply means one that is not subordinate or subject to nor dependent upon the support of another government.

It is not one that completely rejects advice or assistance from without. Neither does it mean abandoning traditional allies or being isolated from the international community. To be realistic, a foreign policy must have a global outlook in view of the deleterious effect on the countrys relations with other countries of a foreign policy that revolves only on our relations with select members of the international community and being a small developing country, we must make no enemy of we can make a friend.

The Constitution recognizes that the pursuit of an independent foreign policy in an interdependent world, new realities and new situations may require the Philippines to make a reappraisal of the conduct of its foreign relations. Independence in the making and conduct of foreign policy is relative. The national interest will not be served by trying to deal with regional and international issues in absolute terms. Ours must be a policy of flexibility and pragmatism guided only by the welfare of our people and the security of the Republic. In its relations with other states, the paramount consideration of the Philippines shall be the national sovereignty, territorial interest and the right to self determination.

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

The intent of this section is to forbid the making, storing, manufacture or testing in the Philippines of nuclear weapons, devices or parts thereof as well as the use of our territory as dumping site for radioactive wastes and the transit within our territory of ships and planes with nuclear weapons. It does not however, prohibit the use of nuclear energy for medicine, agriculture and other peaceful or beneficial purposes. Congress will have to provide the mechanics to effectively implement Section 8.

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.

With the eradication of mass poverty, the state solves at the same time a chain of social problems that comes with it-social unrest, breakdown of family systems, diseases, ignorance, criminality and low productivity.

Section 10: The state shall promote social justice in all phases of national development:

The state must give preferential attention to the welfare of the less fortunate members of the community, those that have less in life.

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

In a democratic state, the individual enjoys certain rights, which cannot be modified or taken away by the law making body.

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 rearing of the youth for civic efficiency and the development of moral character shall receive the support of the government.

The state is mandated to recognize the sacredness of family life and to strengthen the family, under this section, the government may not enact any law or initiate measures that would break up or weaken the family.

Human life is commonly believed to begin from the moment of conception when the female egg and the male sperm merge in fertilization. From that moment, the unborn child is considered a subject or a possessor of human rights. He has a basic human right to life which the State is mandated to protect, along with infants and children. In short, once conceived, a child has a right to be born. The provision protecting the unborn prevents the possibility of abortion being legalized by future legislation. It manifests the constitutions respect for human life.

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. The youth constitute a rich reservoir of productive manpower. Recognizing their vital role in shaping the countrys destiny, the Constitution lends its support to the promotion of their welfare. By harnessing their enterprising spirit and progressive idealism, young people can become effective players in our collective effort to build a modern Philippines.Section 14: The State recognizes the role of women in nation building and shall ensure the fundamental equality before the law of women and men.

The traditional view that the role of women is primarily child bearing and child rearing should be abandoned. While the social role of women as mothers and household managers is recognized, the state should formulate strategies to expand womens participation in non-household and productive activities and thus make them direct contributors to the countrys economic growth.

Women constitute more than half of the population, a powerful political and economic in society. By their number, it is only right that their voice be heard on matters affecting their welfare and the country as whole; it is simple justice that they be given a legitimate share with men in leadership and major decision making process at all levels and in all spheres of human activity outside their homes.

In economic life, the State must promote and uphold equality of men and women in employment, terms of employment, opportunities of promotion, the practice of profession, the acquisition, control and disposition of property, pursuit of business among others.

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

Wholistically defined, health is the state of physical, social and mental well being rather than merely the absence of physical diseases. The State has the obligation to promote and protect the right of the people to health. To better fulfill this duty, it must instill health consciousness among the people.

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.The lessons drawn from ecological studies in the United Nations showed that political, social and economic growth and development are crucially dependent upon the state of the human development. For this reason, the improvement of the quality of our environment should occupy a higher place in the scheme of priorities of the government. 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.

The State is mandated to encourage private enterprise and provide incentives to needed investments, whether local or foreign. The Constitution does not favor an economy managed or controlled by the State. Under the principle of subsidiary, adopted by the Constitution, the government should not engage in particular business activities which can be competently and efficiently undertaken by the private sector unless the latter is timid or does not want to enter into a specific enterprise or industry.

The government was not established to engage in business. The duty of the state is to make the economy a system for free and private enterprise with the least government intervention in business affairs.

Section 21: The State 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.

The State is bound to consider the customs, traditions, beliefs and interests of indigenous cultural minorities in the formulation and implementation of state policies and programs. In the multi-ethnic society like ours, the above provisions are necessary in promoting the goal of national unity and development.

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

The State is required to encourage these organizations because recent events have shown that, under responsible leadership, they can be actual contributors to the political, social and economic growth of the country it should refrain from any actuation that would tend to interfere or subvert the rights of these organization which in the words of the Constitution are 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 buildingBy educating the citizenry on important public issues, they also help create a strong, vigilant and enlightened public opinion so essential to the successful operation of a republican democracy. Information and communication can be used to link our geographically dispersed population and help effect faster delivery of educational, medical and other public services in remote areas of the country. The Philippines must keep abreast of communication innovations but at the same time be selective and discriminating to insure that only those suitable to the needs and aspirations of the nation are adapted. Utilized and managed wisely and efficiently, communication and information are useful tools for the economic, social, cultural and political development of society. 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.

The constitutional policy on the prohibition of political dynasties expresses a national commitment to democratize election and appointment to positions in the government and eliminate a principal obstacle to equal access to opportunities for public service.

The dominance of political dynasties in the past only kept more deserving but poor individuals from running or winning in elections; it also enabled powerful and affluent politicians to corner appointive positions for their relatives and followers. The law implementing the constitutional policy shall define what constitutes political dynasties, having in mind the evils sought to be eradicated and the need to insure the widest possible base for the selection of elective government officials regardless of political, economic and social status. Note that the State is expressly mandated to prohibit political dynasties. Congress has no discretion on the matter except merely to spell out the meaning and scope of the term.

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

What is needed is moral leadership by example on the part of top officials in the government and a continuing, uncompromising, well-coordinated campaign against all forms of dishonesty and venality in the public service, which have considerably slowed down the socio-economic progress in our country.

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.

The policy covers all State transactions involving public interest, i.e. transactions which the people have a right to know particularly those involving expenditures for public funds. The law however, may prescribe reasonable conditions for the disclosure to guard against improper or unjustified exercise of the right. The policy will not apply to records involving the security of the State or which are confidential in character. THE BILL OF RIGHTSThe bill of rights may be defined as a declaration and enumeration of a persons rights and privileges, which the Constitution is designed to protect against violations by the government, or by an individual or, groups of individuals. It is a charter of liberties for the individual and a limitation upon the power of the state.

Rights of the Individual in relation to the Rule of LawThe Due Process:

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. Procedural due process: refers to the method or manner by which the law is enforced. It is a procedure, which hears before it condemns which proceeds upon inquiry and renders judgment only after trial. An indispensable requisite of this aspect of due process is the requirement of notice and hearing.

Substantive due process, which requires the law itself, not merely the procedures by which the law would be enforced, is fair, reasonable and just. In other words, no person shall be deprived of his life, liberty or property for arbitrary reasons.

Life as protected by due process means something more than mere animal existence. The prohibition against its deprivation without due process extends to all limbs and faculties by which life is enjoyed. Liberty, as protected by due process of law, denotes not merely freedom from physical restraint.

It also embraces the right of man to use his faculties with which he has been endowed by his Creator subject only to the limitation that he does not violate the law or rights of others. Property as protected by due process of law may refer to the thing itself or to the right over a thing. The constitutional provision however has reference more to the rights over the thing. It includes the right to own, use, transmit and even destroy, subject to the right of the State and of other persons.

On Search and Arrest Warrants:

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 or 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 of things to be seized. A search warrant is an order in writing, issued in the name of the people of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for certain personal property and bring it before the court. If the command is to arrest a person designated, i.e. to take him into custody in order that he may be bound to answer for the commission of an offense, the written order is called a warrant of arrest.

Requisites for a valid search warrant or warrant of arrest:1. It must be issued upon probable cause

2. The probable cause must be determined personally by the judge himself

3. Such determination of the existence of probable cause must be made after the examination by the judge of the complainant and the witnesses he may produce

4. The warrant must particularly describe the place to be searched and the persons or things to be seized.

Probable cause refers to such facts and circumstances antecedent to the issuance of a warrant sufficient in themselves to induce a cautious man to rely upon them and act in pursuance thereof. It presupposes the introduction of competent proof that the party against whom a warrant is sought to be issued has performed particular acts or committed specific omissions, violating a given provision of criminal laws.

Arrest without a Warrant: Under the Rules of Court, a peace officer or a private person without a warrant may arrest a person in the following situations:

1. When in his presence, the person to be arrested has committed, is actually committing or is attempting to commit an offense;

2. When a person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while being transferred from one confinement to another; 3. When an offense has in fact just been committed, and he has personal knowledge of the facts indicating that the person to be arrested has committed it.Rights of the Individual on Trial:

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.

The State has the constitutional duty to provide free and adequate legal assistance to citizens when by reason of indigence or lack of financial means; they are unable to engage the service of a lawyer to defend them or to enforce their rights in civil, criminal or administrative cases.

Section 12: Any person under investigation for the commission of an offense shall have the right to be informed of his 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.

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. Any confession or admission obtained in violation of this or section 17 hereof shall be inadmissible in evidence against him. The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.Section 13: All persons, except those charged with offenses punishable be 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 when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Bail is the security required by a court and given for the provisional or temporary release of a person who is in custody of the law conditional upon his appearance before any court as required under the conditional specified. The purpose of requiring bail is to relive an accused from imprisonment until his conviction and yet secure his appearance at the trial.

The right to bail is granted because in all criminal prosecutions, the accused is presumed innocent. It may be in the form of cash deposit, property bond, bond secured from a surety company or recognizance. A capital offense, for purpose of above provision, is an offense that, under the law existing at the time of its commission, and at the time of the application to be admitted to bail, may be punished with reclusion perpetua, or death.

Section 14: No person shall be held to answer for a criminal offense without due process of law. 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 of the nature and cause of the accusation against him, to have 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.

This presumption of innocence is a guarantee that no person shall be convicted of a crime except upon confessing or unless his guilt is established by proof beyond reasonable doubt which is more than just a preponderance of evidence sufficient to win a civil case. The burden of proof in a criminal proceeding is upon the prosecution. Its evidence must be strong enough to convince the court that the accused is clearly and unmistakably guilty, not because he cannot prove that he is innocent, but because it has proved that the accused is guilty beyond reasonable ground.

Section 15: The privilege of the writ of habeas corpus shall be suspended except in cases of invasion or rebellion when the public safety requires it.

The writ of habeas corpus is an order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, and to show sufficient cause for holding in custody the individual so detained. It is for its purpose to inquire into all manner of involuntary restraint or detention as distinguished from voluntary and to relive a person there from if such restraint is found illegal. The writ is the proper remedy in each and every case of detention without legal cause or authority. Its principal purpose then is to set the individual at liberty.

Section 16: All persons shall have the right to speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies.

Justice delayed is justice denied. Its express inclusion was in response to the common charge against the perennial delay in the administration of justice, which in the past has plagued our judicial system. One need not stress the fact that a long delay in the disposition of cases creates mistrust of the government itself ad this may pave the way to ones taking the law in his own hands to the great detriment of society. Specific rights in relation to other individuals and the Government:

Section 3: 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. Any evidence obtained in violation or the preceding section shall be inadmissible for any purpose in any proceeding.

By the above constitutional provision, there is a recognition that persons my communicate and correspond with each other without the state having a right to pry into such communication and correspondence subject to the ever pervading police power of the State. Letters and messages are usually carried by the agencies of the government and unless adequate safeguards are provided for their privacy may eventually violated and great ham inflicted upon the citizen as a result. Limitations on the right: 1) Upon the lawful order of the court; and 2) When public safety or order requires otherwise as prescribed by law. 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.

The constitutional freedoms of speech and expression and of the press otherwise known as the freedom of expression, implies the right to freely utter and publish whatever one pleases without previous restraint, and to be protected against any responsibility for so doing as long as it does not violate the law, or injure someones character, reputation or business.

It also includes the right to circulate what is published. It is only through free debate and free exchange of ideas that a government remains responsible to the will of the people and peaceful change is effected. The people must be able to voice their sentiments and aspirations so that they may become active players in the political process as well as national development.

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 tests shall be required for the exercise of civil or political rights.

The constitutional guarantee of religious freedom is the right of a man to worship God and to entertain such religious views as appeal to his individual conscience, without dictation or interference by any person or power, civil or ecclesiastical. It forbids restriction by law or regulation of freedom of conscience and freedom to adhere to such religious organization or form of worship as the individual may choose.

The constitutional guarantee of the free exercise and enjoyment of religious profession and worship carries with it the right to disseminate religious beliefs and information. A religious test is one demanding the avowal or repudiation of certain religious beliefs before the performance of any act. Thus, under this injunction, laws prescribing the qualification of public officials or employees, whether appointive or elective or of voters, may not contain requirements of religious beliefs.

Section 6: The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon the 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, a may be provided by law.

The liberty of abode and travel is the right of a person to have his home in whatever place chosen by him and thereafter to change it at will, and to go where he pleases, without interference from any source. The right is qualified, however, by the clauses except upon lawful order of the court and 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 officials records, and to documents and papers pertaining to official acts, transactions or decisions as well as to government research data used as a basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

It will reduce public suspicion of officials and thus foster rapport and harmony between the government and the people. Scope of the right: 1) the right embraces all public records; 2) It is limited to citizens only but it is without prejudice to the right of aliens to have access to records of cases where they are litigants; and 3) Its exercise is subject to such limitations as may be provided by law. It is recognized that records involving the security of the State or which are confidential in character should be exempted.

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

The purpose of this constitutional guarantee is to encourage the formation of voluntary associations so that through the cooperative activities of individuals, the welfare of the nation may be advanced and the government mat thereby receive assistance in its ever increasing public service activities.

By enabling individuals to unite in the performance of tasks, which singly they would be unable to accomplish, such associations relieve the government of a vast burden. The needs of the social body seek satisfaction in one form or the other, and if they are not secured by voluntary means, the assistance of the government will inevitably be invoked. Section 9: Private property shall not be taken for public use without just compensation.

Related to eminent domain-is the right or power of the State or those to whom the power has been lawfully delegated to take private property for public use upon paying to the owner a just compensation to be ascertained according to law. Public use may be defined with public benefit, public utility or public advantage.

Payment of just compensation-under the Local Government Code, 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 of the property. The owner may contest in court the value determined by the assessor. Observance of due process of law in the taking-procedural due process requires that the owner shall have due notice and hearing in the expropriation proceedings.

Section 10: No law impairing the obligation of contracts shall be passed

The obligation of contract is the law or duty that binds the parties to perform their agreement according to its terms or intent if it (agreement) is not contrary to awl, morals, good customs, public order or public policy. The purpose is intended to protect is intended to protect creditors, to assure the fulfillment of lawful promises and to guard the integrity of contractual obligations. Business problems would arise it contracts were not stable and binding and if the legislature can pass a law impairing an obligation entered into legally. Section 17: No person shall be compelled to be a witness against himself.

The right to self incrimination-the right is purely personal and may be waived. It was never intended to permit a person to plead the fact that some third person might be incriminated by his testimony, even though he was the agent of such person. It may not be invoked to protect a person against being compelled to testify to facts that may expose him only to public ridicule or tend to disgrace him.

Section 18: No person shall be detained solely by reason of his political beliefs and aspirations. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been convicted.

The right against detention solely by reason of political beliefs and aspirations-it is a guarantee that one can voice his contrary views and ideas about the existing political and social order, that he can articulate his hopes and aspirations for the country without peril to his liberty.

On involuntary servitude-the purpose is to maintain a system of completely free and voluntary labor by prohibiting the control by which the personal service of one is disposed of or coerced for anothers benefit, which is the essence of involuntary servitude. Human dignity is not merchandise appropriate for commercial barters or business bargains. Fundamental freedoms are beyond the province of commerce or any other business enterprise. Section 19: 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.

The employment of physical, psychological or degrading punishment against any prisoner or detainee or the use of substantial or inadequate penal facilities under subhuman conditions shall be dealt with by law.

The purpose of the guarantee is to eliminate many of the barbarous and uncivilized punishment formerly known, the infliction of which would barbarize present civilization. The Constitution mandates that the employment of physical, psychological or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under sub human conditions should be dealt with by law. This contemplates the improper, unreasonable or inhuman application of penalties or punishment of persons legally detained. Section 21: No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

The right against double jeopardy means that when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the express consent of the accused, the latter cannot again be charged with the same or identical offense. The guarantee protects against the perils of a second punishment as well as a second trial for the same offense.

Section 22: No ex facto law or bill of attainder shall be enacted.

An ex facto law:

1. Makes an act done before the passage of a law, innocent when done, criminal and punishes such act; or

2. Aggravates a crime or makes it greater than when it was committed; or

3. Changes the punishment and inflicts a greater punishment than what the law annexed to the crime, when committed; or

4. Alters the legal rules of evidence, and receives less testimony than or different testimony from what the law required at the time of the commission of the offense, in order to convict the offender.

A bill of attainder is a legislative act, which inflicts punishment without a judicial trial. The prohibition against the enactment of bills of attainder is designed as a general safeguard against legislative exercise of the judicial function or simply, trial by legislature.

CITIZENSHIPFrom Section 1-Those who are citizens include:

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;

4. Those who are naturalized in accordance with lawCitizenship is a term denoting membership of a citizen in a political society, which means membership implies, reciprocally, a duty of allegiance on the part of the member and duty of protection on the part of the state. Citizen is a person having the title of citizenship. He is a member of a democratic community who enjoys full civil and political rights and is accorded protection inside and outside the territory of the state. Along with other citizens, they compose the political community.

A citizen is a member of a democratic community who enjoys full civil and political rights. In a monarchial state, he is often called subject. An alien is a citizen of a country who is residing in or passing through another country. He is popularly called a foreigner. He is not given the full rights to citizenship (such as the right to vote and to hold public office) but is entitled to receive protection as to his person and property.

Acquiring citizenship:

1. Involuntary method-by birth, because of blood relationship or place of birth

2. Voluntary method-by naturalization, except in cases of collective naturalization of the inhabitants of a territory which takes place when it is ceded by one state to another as a result of conquest or treaty.

Naturalization is the act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship. It implies the renunciation of a former nationality and the fact of entrance to a similar relation towards a new body politic. A person may be naturalized in two ways:

1. By judgment of the court-The foreigner who wants to become a Filipino citizen must apply for naturalization with the proper Regional Trial Court.

2. By direct act of Congress-In this case, the lawmaking body simply enacts an act directly conferring citizenship on a foreigner

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.

Loss of citizenship:

A. Voluntary: 1) by naturalization in a foreign country; 2) by express renunciation of citizenship; 3) by subscribing to an oath of allegiance to support the constitution and laws of a foreign country; and, 4) by rendering service to or accepting commission in the armed forces of foreign country

B. Involuntary: 1) by cancellation of his certificate of naturalization by the court; and 2) by having been declared by competent authority, a deserter in the Philippine Armed forces in time of war.

The voluntary loss or renunciation of ones nationality is called expatriation. In time of war, however, a Filipino citizen cannot expatriate himself.

Reacquisition of lost citizenship:

1. By naturalization, provided the applicant possesses none of the disqualifications provided in the naturalization law

2. By repatriation of deserters of the Philippine armed forces and women who lost their citizenship by reason of marriage to an alien, after the termination of their marital status

3. By direct act of the Congress of the Philippines

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. Under section 4, a citizen of the Philippines who marries an alien does not lose his/her Philippine citizenship even if by the laws of his/her wifes/husbands country, he/she acquires her/his nationality.

Section 5: Dual allegiance of citizens is inimical to the national interests and shall be dealt with by law. Dual allegiance refers to the continued allegiance of naturalized nationals to their mother country even after they have acquired foreign citizenship. Dual citizenship, on the other hand, refers to the possession of two citizenship by an individual, that of his original citizenship and that of the country where he became a naturalized citizen. Note that what section 5 prohibits is not dual citizenship but t dual allegiances of citizens. Dual citizenship arises because our laws cannot control laws of other countries on citizenship, while it is not per se objectionable, the status of dual citizenship may be regulated or restricted by law where it is conducive or could lead to dual allegiances.

Duties and Obligations of Citizens:

1. To be loyal to the Republic-by loyalty, we mean faith and confidence in the Republic and love and devotion to the country. The citizen must be proud of his country, its customs, traditions, language and institutions. He must share in its glories and feel sad in its misfortunes. It is the home of our people, the seat of our affections and the source of our happiness.

2. To defend the state-love of country, however, is not shown by words but by deeds. It is not an occasional virtue to be exhibited now and then; it is a flame that should be kept constantly aglow in our hearts. It means an unflinching determination to serve and defend ones country at all times and at all costs.

3. To contribute to the development and welfare of the state-by paying taxes willingly and promptly, by cooperating in its activities and projects (such as the preservation of peace and order) by suggesting or supporting measures beneficial to the people, by patronizing local products and trades, by engaging in productive work.

4. To uphold the Constitution and obey the laws-The Constitution is the expression of the sovereign will of our people. It is the shrine for all the hopes and vision of our nation.

5. To cooperate with duly constituted authorities-Community living imposes obligations and responsibilities upon the individual. The larger interests of the group and the nation that he must serve necessarily involve his own, and he would be recreant to the claims of those interests if he did not actively concern himself with the affairs of his government.

6. To exercise rights responsibly and with due regard for the rights of others. In the course of life, the interests of man conflict with those of many others. Amidst the continuous clash of interests, the ruling social philosophy should be that, in the ultimate order, the welfare of every man depends upon the welfare of all.

7. To engage in gainful work-employment is not the obligation solely of the State. Every citizen should consider it his on responsibility and should strive to become useful and productive member of society to assure not only himself but, perhaps, more important his family a life worthy of human dignity.

8. To register and vote-It is through suffrage that the will of the people is expressed. The quality of public officials and the policies of the administration, indeed the success or failure of the government, depend, directly or indirectly, upon the voters. SUFFRAGESection 1: Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who a 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.

Suffrage is the right and obligation to vote of qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people.

Scope of suffrage:

1. Election-it is the means by which the people choose their officials for definite and fixed periods and to whom they entrust for the time being as their representatives, the exercise of powers of government.

2. Plebiscite-It is a name given to a vote of the people expressing their choice for or against a proposed law or enactment submitted to them. In the Philippines, the term is applied to an election at which any proposed amendment to, or revision of, the Constitution is submitted to the people for their ratification. Plebiscite is likewise required by the Constitution to secure the approval of the people directly affected before certain proposed changes affecting local government units may be implemented.

3. Referendum-it is the submission of a law or part thereof passed by the national or local or legislative body to the voting citizens of a country for their ratification or rejection.

4. Initiative-It is the process whereby the people directly propose and enact laws. Congress is mandated by the Constitution to provide as early as possible for a system of initiative and referendum. Amendments to the Constitution may likewise be directly proposed by the people through initiative.

5. Recall-it is the method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people after registration of a petition signed by a required percentage of the qualified voters.

Persons disqualified to vote:

1. Any person who has been sentenced by final judgment to suffer imprisonment for not less one year, such disability not having been removed by plenary pardon or granted amnesty. But such person shall automatically reacquire the right to vote upon expiration of five years after service to sentence.

2. Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law. Such person shall likewise automatically regain his right to vote upon expiration of five years after service of sentence.

3. Insane or incompetent persons as declared by competent authority.

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 of Elections may promulgate to protect the secrecy of the ballot.

The sanctity of the electoral process requires secrecy of the vote. Congress will have to enact a law prescribing procedures that will enable the disabled and the illiterates to secretly cast their ballots without requiring the assistance of other persons, to prevent them from manipulated by unscrupulous politicians to insure their victory at the polls. Perhaps a method of voting by symbols may be devised to make it possible for disabled and illiterate citizens to exercise the right of suffrage.

Congress is mandated to provide a system of absentee voting by qualified Filipinos abroad. It is bound to set aside funds and other requirements for the purpose and to provide safeguards to ensure that elections overseas are held in a free, clear and orderly manner.

Article 6

The Legislative Department

Defining Legislative Power: (Section 1)

Legislative power is essentially the authority under the Constitution to make laws, and subsequently, when the need arises, to alter and repeal them. Laws refer to statutes, which are the written enactments of the legislature governing the relations of the people among themselves or between them and the government and agencies. Congress operates under a bicameral framework.

The legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. (Section 1)

Bicameral having two chambers of Congress: a) Senate; and b) House of Representatives

Advantages of bicameralism:

1. A second chamber is necessary to serve as a check to hasty and ill-considered legislation

2. It serves as a training ground for future leaders

3. It provides a representation for both regional and national interests

4. A bicameral legislature is less susceptible to bribery and control of big interests

5. It is the traditional form of legislative body dating from ancient times; as such it has been tested and proven

Disadvantages of bicameralism:

1. The bicameral set-up has not worked out as effective fiscalizing machinery

2. Although it affords a double consideration of bills, it is no assurance of better-considered and better-deliberated legislation

3. It produces duplication of efforts and serious deadlocks in the enactment of important measures with the conference committee of both chambers that is often referred to as the Third Chamber, practically arrogating unto itself the power to enact law under its authority to thresh out differences

4. All things being equal, it is more expensive to maintain than a unicameral legislature

5. The prohibitive costs of senatorial elections have made it possible for only wealthy individuals to make it to the Senate and as to the claim that a Senate is needed to provide a training ground for future leaders, two of our Presidents (Macapagal and Magsaysay) became Chief Executives even if after their service was confined to the House of Representative.

The Philippine Senate: The Senate is composed of twenty four members

Head: Senate President selected by the majority

Qualifications of a Senator (Section 3)

1. A natural born citizen of the Philippines

2. At least 35 years of age on the day of the election

3. Able to read and write

4. A registered voter

5. A resident of the Philippines for not less than two years immediately preceding the day of the election

Term of a senator: (Section 4) limited to two consecutive terms, each term constitutes six years. A senator can still run for re-election after a break or interval. There is no limit as to the number of years one can serve as Senator. What is prohibited is to serve for more than two successive terms. But a voluntary renunciation of the office by senator for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

The House of Representatives: composed of not more than two hundred fifty members

Head: Speaker of the House selected by the majority

One legislative district one Representative: Each legislative district shall comprise, as far as practicable, contagious, compact and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative. (Section 5)

Qualifications of a member of the House of Representatives: (Section 6)

1. A natural born citizen of the Philippines2. At least twenty-five years of age

3. Able to read and write

4. A registered voter in the district in which he shall be elected and a resident thereof for a period of not less than one year immediately preceding the day of the election

Term of a member of House of Representative: (Section 7) limited to three consecutive terms, each term constitutes three years.

Vacancy in the Senate and House of Representative:

In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House Representatives thus elected shall serve only for the un-expired term. (Section 9)

Prohibitions for Senators and Members of the House of Representatives:

1. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government owned and controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. (Section 13)

2. No Senator or Member of the House of Representatives may personally appear as counsel before any court or justice or before the Electoral Tribunals or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with or in any franchise or special privilege granted by the government or any government owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office. (Section 14)

Parliamentary Immunity: Freedom from arrest and Privilege Speech (Section 11)A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof. Every member of Congress is entitled to the privilege from arrest while Congress is in session, whether or not he is attending session. Congress is considered session, regular or special for as long as it has not adjourned. Like the guarantee of freedom of speech or debate, this privilege is intended to enable members of Congress to discharge their functions adequately and without fear. When immunity cannot be invoked:

The offense by reason of which arrest is made is punishable by more than six years imprisonment. In this case, the seriousness of the offense does not justify the grant of the privilege; and Congress is no longer in session. In such case, the reason of the privilege does not obtain. The privilege is a personal one and may be waived.

Citizens or the state are still entitled to lodge and pursue criminal complaints against lawmakers, as in the case of Nueva Ecija Representative Nicanor De Guzman, who was convicted by the courts of gun smuggling.

As for infractions that are not exactly in the ambit of common crimes but are not grave enough to warrant a complaint against and possible sanctions on the lawmaker, there are the respective ethics committees of both Houses. All one has to do is file a letter of complaint with the secretariat (Senate secretary or House secretary general) of either chamber or with the ethics committee itself. The complaint must be verifiable i.e. the committee must be able to ascertain the i