Monday, June 22, 2009

Notes on JPRMyAR2

The Development of National Consciousness

- In 1834, Spain was following the trend of globalization; it opened Manila and the rest of Philippines in world commerce.
- The move brought prosperity and created a middle class among the Filipinos, specifically, the Chinese Mestizos.
- They started to send their sons to be educated locally as well as abroad.
- Education brought more influence and agitation for a betterment of treatment in the colony.
- Educated Filipinos were now asking for social and political equality.
- These educated Filipinos became the first batch of propagator of reform in the Philippines.


The Secularization Movement

- Since 1565, religious orders (e.g. Augustinians, Recollects, Dominicans, and Franciscans) led the conversion of the Philippine colony to Catholicism through the parishes.
- Now, this is a violation of a directive from the Vatican that “administration of the parishes should be under the secular priests”.
- There were only few priests in the colony then hence the violation of the Vatican provision.
- But by the late 18th century, there were already a considerable number of secular priests but unfortunately, the religious orders wouldn’t want to give up their important role (i.e. by relinquishing their parishes to the seculars).
- This scenario created a conflict between the foreign priests and the local priests, such became a racial issue.
- Thus the Secularization Movement became a national and a racial issue among the many Spanish colonies.


The Cavite Mutiny and the Execution of Gomburza

- The Spanish Republic ended in 1870 and the monarchy was again restored. As a result the political landscape in the Philippines again changed from liberal to autocratic.
- On January 20, 1872, about 200 Filipino soldiers and workers in the Cavite arsenal revolted over tax exemptions.
- The Governor General dispatched a punitive force leading to a violent resolution.
- The revolt became an excuse for the Governor General to persecute the leaders of the secularization movement and other liberal oriented Filipinos.
- A simple rebellion became a grand conspiracy of the indios to topple down the Spanish colonizers.
- Fathers Jose Burgos, Mariano Gomez, and Jacinto Zamora were sentenced to die by the garrote.
- On February 17, 1872, the three priests were executed in Bagumbayan (Luneta).
- Jose Rizal witnessed the execution.


Propaganda Movement

- Among the rising middle class, the globalization of liberalism and the execution of the “gomburza” started the peaceful campaign for reforms. The propagandists were simply reformers as they did not have the objective and intention of achieving social changes through an armed struggle or revolution.
- Their principal objective was the assimilation of the colony as a regular province of Spain, because they believe that through integration, equality between the natives and the Spaniards would surely be attained.
- The reformers worked for the secularization of the parishes, the restoration of the Filipino representative in Spanish Cortes and the fundamental freedoms of speech, of the press, assembly and religion.


The Liga Filipina

- Rizal founded the Liga Filipina with the aim of forming a civic organization composed of patriotic Filipinos in pursuit of new approaches in achieving reforms in the Philippines.
- The objectives were: the unification of the country into one compact and homogenous body, mutual protection in every want and necessity, defense against all forms of violence and injustices, encouragement of education, agriculture and commerce, and the study and application of reforms.
- The liga however was short-lived, three days after its founding; Rizal was arrested and deported in Dapitan.


Failure of the Reform Movement

- The propagandists were afflicted by a perennial problem, inadequacy of finance.
- The La Solidaridad ceased its publication because of it, homesickness and difference of opinions leading to internal conflicts compelled Del Pilar and Jaena to change their political platform from assimilation to separation or revolution.
- The propaganda movement did not achieve its basic aims, but it succeeded in influencing profound political awakenings.
- When Bonifacio, Jacinto and Aguinaldo saw the futility of achieving reforms through peaceful means, they realized that the last option was in the guise of revolt.
- Ironically, on July 7, 1892, the day that Rizal was arrested and deported was also the day that Katipunan was founded.


The Philippine Revolution of 1896

- Realizing the futility of reforms, on August 22, 1896, Bonifacio summoned all the leaders (of Katipunan) in Balintawak. Around 500 katipuneros tore their cedulas starting the first phase of the Philippine Revolotuion.
- Rizal was charge with being the “soul of the revolution” and executed him on December 30, 1896.
- On June 12, General Emilio Aguinaldo declared the independence of the Philippines from Spain.

Thursday, June 18, 2009

Essentials Power of the State

Police Power - is the power of promoting public welfare by restraining and regulating the exercise of liberty and the use of property (Freund, the police power).

Power of Eminent Domain - is also known as the power of expropriation, it is described as the highest and the most exact idea of property remaining in the government that may be required for some public purpose through a method in the nature of a compulsary sale to the state.

Power of Taxation - is the sovereign power of the state to impose burdens and charges upon persons, property and property rights to enable the government to operate and perform its appropriate functions.

Tuesday, June 16, 2009

JoseRiz Syllabus

JOSERIZ
Rizal’s Life and Works

Class Syllabus

I. Course Overview

Course Code: JOSERIZ
Course Title: Rizal’s Life and Works
Pre-requisite: None
Type of Course: General
Faculty: Dr. Ronan S. Estoque

II. Course Description

This is a critical study of the life, works, and writings of Rizal as they relate to the socio-political situation of the Philippines during his time and its implication to our present time. It focuses on the analysis of his two novels “Noli Me Tangere” and “El Filibusterismo” and some selected poem and essays.

III. Course Objectives

In line with the DLS-CSB’s mission to build a community of citizens fostering a sense of nationhood and living Filipino ideals, this course aims to foster the development of national consciousness among the youth.

Students are expected to demonstrate critical thinking through analysis by writing a reaction paper and position paper on the impact of the two novels on the socio-political situation of the Philippines during Rizal’s time and to the present situation.

1. Analyze the impact of Rizal’s life in relation to his contribution on the socio-political situation of the Philippines at the present time.
2. Interpret the selected poem, essays and novels and its impact to socio-political situation during the past and present time.
3. Justify Rizal’s heroism and his declaration as the national hero of the Philippines.

IV. Course Content

A. Background on the socio-political situation of the Philippines during Rizal’s times.
B. Family Background of Rizal.
C. Educational background of Rizal.
D. Struggles, trial and execution of Rizal.
E. Poems and essays on nationalism.
F. Poems on Education.
G. Poems and Essays on Filipino Culture.
H. Novels “Noli Me Tangere” and “El Filibusterismo”.
I. Republic Act No. 1425.
J. Comments/Issues on the Heroism of Rizal.
K. Criteria in the making of Rizal as a national hero.

V. Course Requirements and Grading System
A. Regular Attendance (10%). All students of this subject are required to attend all the sessions scheduled for the term. STUDENTS WHO EXCEEDS THE ALLOWABLE ABSENCES WILL FAIL THE COURSE.

B. Class participation/recitation (10%).

C. Quizzes (25%).

D. Group Project (25%).

E. Major Examinations (30%).

F. Computation of Final Grade
Midterm Grade + Prefinal Grade / 2

VI. References
1. Jose Rizal, A Hero’s Life (2005) by Claudio V. Tabotabo and Roman D. LeaƱo, Jr.
2. Jose Rizal, The First Filipino (2004) by Maguigad et, al.
3. Rizal Without the Overcoat (1990) by Ambeth Ocampo.
4. Jose Rizal: Life, Works and Writings of a Genius, Writer, Scientist and National Hero 2nd Edition (1998) by Gregorio Zaide and Sonia M. Zaide.
5. http://www.dlscsb.blogspot.com/
6. http://www.joserizal.ph/




by Dr. Ronan S. Estoque, June, 2009

Syllabus on Poligov

POLIGOV
Politics and Governance

Class Syllabus

I. Course Overview

Course Code: POLIGOV
Course Title: Politics and Governance
Pre-requisite: None
Type of Course: General
Faculty: Dr. Ronan S. Estoque

II. Course Description

An introduction to the basic concepts and tenets of political science focusing on politics, governance and government. The course also tackles the 1987 Philippine Constitution – the fundamental law of the republic. The course is focused on providing the interpretations on the constitution, specifically, The Executive branch, The Legislative Branch, The Judicial Branch and the Bill of Rights. This is a three unit course in the Philippine education system mandated by the Commission on Higher Education (CHED) for the tertiary level.

III. Course Objectives

At the end of the term, students are expected to:

1. Demonstrate a thorough understanding of the provision on the constitution by developing an analysis paper on the function of the branches of government and right of the people.
2. Analyze the basic concepts, principles doctrines applied in the existence of the state.
3. Internalize and exercise general rights and constitutional rights enshrined in the law.
4. Classify competently the branches of government and the constitutional commissions.
5. To demonstrate the spirit of intellectual maturity by subscribing to the principles of state.
6. To show interest in the development of the fundamental law of the land its concepts.
7. To manifest the application of the rights and duties of the citizens
8. To keep the patriotism, nationalism and love to the citizenry and the state.

IV. Course Contents

1. Concept of State, Politics, Government, Governance and Administration.
2. Overview on forms and structure of government.
3. Models and characteristics of various forms of government.
4. The Executive Department.
5. The Legislative Department.
6. The Judicial Department.
7. The Bill of Rights.
8. The Constitutional Commissions.

V. Course Requirements and Grading System

A. Regular Attendance (10%). All students of this subject are required to attend all the sessions scheduled for the term. STUDENTS WHO EXCEEDS THE ALLOWABLE ABSENCES WILL FAIL THE COURSE.

B. Class participation/recitation (10%).

C. Quizzes (25%).

D. Group Project (25%).

E. Major Examinations (30%).

F. Computation of Final Grade
Midterm Grade + Prefinal Grade / 2

VI. References

1. 1987 Philippine Constitution (2007) by Ronald M. Corpuz, Ronan S. Estoque and Lorna V. Wy.
2. Politics, Governance and Government with Philippine Constitution 2nd Edition (2004) by RR Dannug and MB Campanilla.
3. Politics and Governance, Fundamentals of Political Science and the Study of the 1987 Constitution (2005) by Rogelio B. Maguigad.
4. http://dlscsb.blogspot.com/
5. http://jlp-law.com/
6. http://www.gov.ph/
7. http://www.ibon.org/
8. http://www.politics.com/




By Dr. Ronan S. Estoque, June, 2009

Tuesday, June 9, 2009

Research Questions for JPRMyAR

1
True or False
The Rizal family of Calamba belonged to the illustrados
The father of Rizal is an educated farmer
Domingo Lam-co Rizal’s paternal ascendant was a full-blooded Chinese
The education of Rizal started in Ateneo Municipal
He was unhappy at UST
Rizal had a fight with the teacher’s son in Binan
Rizal specialized the eye as doctors of medicine
Rizal was linked to nine women
The mother of Rizal was joined for a false accusation
The UST was manage and ran by Jesuits
Rizal was also a victim of racial discrimination at UST
Rizal challenged Wenceslao Retana a Spanish writer to a duel
Rizal founded companerismo at UST
Rizal wrote his first poem at the age of 8
Rizal had a plan of putting up a college in Hong Kong


Post Unit test

Multiple Choice
The Rizal family of Calamba consist of how many members including the parents
a. 10 b. 13 c. 12
2. At what age Rizal wrote his first poem, To My Fellow Children
a. 9 b, 10 c. 8
3. What school did Rizal finish his Doctor of Medicine
a. UST b. Ateneo De Manila c. Universidad Central de Madrid
4. Children’s story as told by Rizal’s mother that appears in his diary
a. The Monkey and the turtle b. The Moth c. Juan Tamad
5. The women Rizal met in Dapitan who later became his wife
a. Segunda Katigbak b. Leonor Rivera c. Josephine Bracken
6. Rizal’s drama that won prize at Lyceum de Manila in 1880
a. The tragedy at St. Eustace b. Beside the River c. The council of Gods
7. As historian what book on Philippine History did Rizal successfully annotated
a. Succesos de las Islas Filipinas-Morga b. The Philippine and its people-Agoncillo c. History of the Filipino people-Zaide
8. the anti-Filipino newspaper in Madrid
a. El Liberal b. La epoca c. La Solidaridad
9. Dr. Miguel Morayta was excommunicated by the bishop of Spain due to:
a. His proclamation of academic freedom b. Instigating student activism c. None of the above
10. the cause why Rizal challenged Retana to a duel
a. Retana wrote that the Rizal family was ejected due to non-payment of rent
b. Rizal is an activist
c. None of the above
11. Rizal as a bibliophile has collected this number of books
a. more than 1500 b. More than 2000 c. None of the above
12. At the age of 35, he can speak
a. 30 languages b. 25 languages c.22 languages
13. While at UST, he cross enrolled at Ateneo inw hat course
a. Surveying b. Pinting c. Writing
14. The British government granted Rizal to lease 100,000 acres of land in Borneo in
a. 500 years b.999 years c. 300 years
15. To encounter the Chinese business in Dapitan, rizzal encouraged the Filipino to:
a. To form a cooperative b. Patronize business manage by Filipinos c. All of the above



3
Exercise
1. Explain the influence of his mother to Rizal
2. In your own analysis, if Rizal is living today, do you think he will join with the student in Mendiola?
3. Say something about the frustrations of Rizal toward the Dominican friars
4. What are the values that students can learn and emulate from Rizal’s life?


4
Exercise
A. According to your own definition, what is a hero?
B. Do you think the description of hero fits Rizal?
C. There is a debate of who should be our National hero, Rizal or Bonifacio. Compare the two heroes in tabulated form.
Rizal Bonifacio
1 1
2 2
3 3
4 4
5 5
D. Assuming you are a debater on the proposition, Resolved, that Andres Bonifacio should be the national hero of the Philippines. You are against this proposition because you want to debate in favor of Dr. Jose Rizal; for you, Rizal should be the National Hero. Write a constructive speech. Just continue the openinf of the speech below

“Members of the jury, speakers of the opposite side, friends, ladies and gentlemen, Good evening……”



5
A. Say something on the ff:
1. Rizal as a novelist
2. Rizal as essayist
3. Rizal as historian
4. Rizal as sculptor
5. Rizal as an educator
B. Explain, Rizal had observed and lamented on the deplorable condition of the country because the Chinese controlled the business in the Philippines. Do you find the same situation now?
C. In his attempt to counter the foreign businesses in the country, Rizal encouraged the people of Dapitan not to patronize the Chinese stories. What is your suggestion to counter business in our country?

6
Explain the ff:
A. Rizal and Leonora Rivera were cousins. Make a comment on the love between them
B. The Rizal family accused Josephine Bracken as a Spanish spy sent to Dapitan to monitor Rizal. Would you agree with the Rizal family, Why?
C. What incident led to the separation of Rizal and Leonora Rivera
D. Why did Bracken refuse Rizal’s marriage proposal?
E. Explain why the relationship between Rizal and Baustead did not end up in marriage.


Unit 2
1
A. Rizal believed that education is the only way of a country to regain freedom. He died more than 100 years ago. Do you think his belief was correct?
B. What is your opinion of the declaration of the late Filipino historian Renato Constantino that, Filipinos are mis-educated? Do you agree?
C. We have corrupt government officials who are also products of the key universities of the country. Do you think our school fail to do their mission in producing good men and women? Give your opinion.



2
A. What is your own philosophy of religion?
B. Mahatma Gandhi said “I like christianism but I don’t like the Christian”. Comment on that statement.


3
A. In your own words, describe the plight of the Filipinos under the abusive Spaniards.
B. Do you think Rizal was too idealistic in saying that a conqueror must prepare the conquered for independence? What do you think?
C. What is your political philosophy?


4
A. What would Rizal have said to the Filipinas who marries foreigners for financial reasons?
B. What would Rizal advise parents whoa re have trouble in disciplining their children?
C. Why did Rizal want to preserve familial building as ethical pattern of the Filipinos?
D. Is the family binding today is the same as Rizal’s time?

Pretest for unit 2
True or False
1. It was always the dream of Rizal to put up a school.
2. His dream of putting up a school was fulfilled in Dapitan
3. During the time of Rizal Catholic was already the dominant religion of the country.
4. Rizal wanted the Spaniards to vacate the Philippines
5. Rizal only wanted to reform the political leaders and the Filipinos by way of education
6. Rizal’s ethical philosophy is to love the parents
7. Rizal believed that education liberates the Filipino from tyranny
8. During the Spanish time, Filipinos were forced to work in government infrastructure without pay.
9. Rizal did not put up his own moral standard. He only wanted to practice what is ought to be practiced.
10. Rizal believed that familial bonding is basically Filipino marriage sacraments is basically Catholic.

Multiple Choice
1. Basic purpose for including Rizal in every college curriculum
a. Let the Filipino know the real life of Rizal
b. Let everyone know that Rizal is a hero
c. Understand his teachings as a model Filipino
2. He faced death with utmost confidence because of his
a. Guilt as rebel
b. Guiding principles of life
c. Tiredness to fight freedom
3. From where did we Filipinos learn to value education
a. Spaniards
b. Americans
c. French
4. Education is taken from the latin word “educere” means
a. To act
b. To study
c. To guide
5. Filipinos study and dream to finish college education because
a. They simply like to study
b. They found education a capital for employment
c. They want to refresh from boredom
6. Rizal finally fulfilled his dream to put up a school in
a. Hong Kong
b. Calamba
c. Dapitan
7. Rizal believed tat education
a. Liberates the people from tyranny
b. Improves people’s financial savings
c. Makes man more decent
8. By way of education Rizal wanted to
a. Reform the Filipinos
b. Send away the conquerors
c. Ignite revolution
9. According to Rizal, marriage is;
a. Accept what the priest is saying
b. Accept after examining after what the priest is saying about.
c. None of the above


Unit 3
1
A. Artists before they muster an art have something in their mind and heart that humanity must understand. Novelists are also artists. They have something to tell in writing a novel. What do you think was the purpose of Rizal in writing the Noli Me Tangere?


2
A. The two novels of Rizal exposed the negative side of few in power. They also pictured out the whims and caprices of some ordinary people. Above all, the novels voiced out the cry of the Filipinos.
There is no limit in art. Everyone can be a novelist like Rizal. Suppose you will write a novel that portrays the sufferings of the Filipinos and the luxury of the few, how would you start it?Or how would you go about it?Write a rough summary of your planned story.



3
a. list down all the difficult words and search for their meaning in the dictionary.
b. Analyze one of the poems of Rizal. Try to see what Rizal wants to tell you in that poem.


Pretest for unit 3
True or false
1. Rizal has two novels
2. The poem Mi Ultiono Adios had no title when it was discovered
3. Rizal was motivated to write the Noli Me tangere after he read Uncle Tom’s cabin
4. The title Noli Me Tangere is taken from the bible.
5. The chapter Elias and Salome appeared in the first printing of the Noli
6. Simoun the jeweler is the main character of the Noli
7. Ibarra has a sweetheart named Maria Clara
8. El Filibusterismo has 68 chapters.
9. El filibusterismo means “touch me not”
10. The story of El Filibusterismo opens up in a boat passing the Psig River.

Multiple Choice.
1. In the Noli Me Tangere Rizal was influenced by an American novel
a. Count of Monte b. Of mice and men c. Uncle Tom’s cabin
2. Satirical figure in the Noli
a. Padre Salvi b. Padre Damaso c. Dona Consolacion
3. Noli Me Tangere means
a. Do not touch me b. Reign of greed c. None of the above
4. Major woman character in the Noli
a. Maria Clara b. Dona Consolacion c. Paulita
5. She lost her son in the Noli
a. Sisa b. Paulita c. Maria Clara
6. The girl of Elias
a.Maria Clara b.Paulita c.Salome
7. Who is Pilosopong Tasyo in real life
a. Rizal himself b.Paciano c.Rizal’s father
8. The wealthy man in El Filibusterismo
a. Capitan Tiago b. Basilio c.Simoun
9. Character in the El Fili who is ejected from his land and latter became bandit
a. Basilio b.Padre Florentino c. Cabesang Talens
10. The untitled poem of Rizal when it was first discovered
a.Mi Retiro b.Mi Ultiome adios c.To the child Jesus

Unit 4
1
A. Describe how peaceful and prosperous was Rizal in Dapitan
B. Briefly trace the incident that led to the death of Rizal’s son in Dapitan
Pre Test for Unit 4
True or False.
1. Rizal was exiled in Dapitan for years
2. Rizal had several projects that benefited the people of Dapitan
3. Rizal tried to counter the Chinese business in Dapitanh
4. Rizal had a son to Josephine Bracken but died few hours after birth
5. Josephine Bracken was unwelcome to the mother and sister of Rizal
6. Revolution in Cuba worsened while Rizal was in exile in Dapitan
7. Rizal introduced modern farming in Dapitan
8. The hero personally planted some trees in Dapitan
9. Rizal consented the revolution that is started by Bonifacio
10. Rizal was sent to Hong Kong when the revolution began.
Identification
1. The organization founded by rizal that brought him an exile
2. The province where we can find Dapitan
3. The wife of Rizal he met first in Dapitan
4. The name of a barrio in Dapitan where Rizal put up his school and house
5. The captain who served as host of Rizal in Dapitan
6. After his exile in Dapitan, how many languages Rizal could speak well?
7. The neighboring city of Dapitan
8. There is a town some kilometers from Dapitan which Rizal wanted to colonize with his friends and relatives
9. He was an officer of the katipunan sent by the supreme to convince Rizal to join the revolution
10. The country where Rizal was destined as a medical officer in its revolution also against Spain.



Unit 5
1
1. Discuss the activities of Rizal which according to the Spanish court subversive.
2. How did Craig describe the execution of Rizal?
3. Review the reaction of the onlookers according to Sir Hugh Clifford


Pre test for Unit 5
True or false
1. The friars condemned Rizal because of his second novel El Filibusterismo dedicated to GOMBURZA
2. Rizal established Masonic lodges that implicated him as subversive
3. Pio Velenzuela was successful in his mission to convince Rizal to join the revolution
4. Rizal himself ignited the revolution
5. The martial court found Rizal guilty
6. He was executed at Luneta in 1896
7. The Spanish ladies, soldiers and businessmen rejoiced as Rizal fell to his knees.
8. Rizal was destined for Hong Kong when the Philippine revolution broke out.
9. Rizal founded the La liga Filipina
10. Rizal was buried at the Paco cemetery
11. The Spanish authorities cleared up to the Filipinos the exact place where Rizal was buried.
12. The American government in the Philippines included December 30 as a holiday
13. There is an issue that rizal is the father of Adolf Hitler
14. Rizal was in London when he wrote the essay, To the Young women of Malolos.
15. Filipinos are indolent according to Rizal in his essay, Indolence of the Filipnos.


Identification
1. Who narrated to rizal the death and deeds of GOMBURZA?
2. The country where Rizal was destined for when the revolution ignited
3. Title of the essay denying the brand that Filipinos are lazy
4. A Filipino who asked Rizal to write for the women of Malolos
5. English equivalent of Noli Me Tangere
6. Organization founded by rizal that Spanish authorities said illegal and that caused him exile to Dapitan
7. Germany’s strong men talked to be the son of Rizal
8. Magellan’s historian as cited by Rizal in one of his essays.
9. Where was Rizal when he wrote the essay for the women of Malolos?
10. The original language of the essay Indolence of the Filipinos.
11. The complete date of rizal’s execution
12. The place where rizal was eliminated
13. The last poem of Rizal
14. The original language of the essay malolos when Rizal wrote it
15. The step father of Josephine Bracken
16. The counsel of Rizal
17. Who is Rizal in the Noli?
18. Who is Maria Clara in real life?
19. What set/level of society the Rizal family in Calamba?
20. Number of years of rizal’s exile in Dapitan?

Monday, June 8, 2009

Executive Questions

De La Salle-College of St. Benilde
(Executive)

Name:____________________________ Date:_______________ Rating:__________
Course/Year:______________________ Day/Time: ___________________________


I. Multiple Choice. Choose the letter of the best answer.

___________1. Executive power is vested on the

a. Chief justice of the Supreme Court
b. Senate President
c. Speaker of the House of Representatives
d. President of the Republic

____________2. It is the power to enforce and administer laws.

a. Taxation power
b. Executive power
c. Judicial power
d. Legislative power

____________3. The term of office of the President:

a. 3 yrs
b. 7 yrs
c. 6 yrs
d. 10 yrs

____________4. The Regular election of President and Vice President is held every:

a. Every June 30 of the year
b. Second Monday of may
c. First Monday of July
d. Fourth Monday of July

____________5. The sole judge of all contest relating to election and qualification of President and Vice President is the:

a. House of Representatives
b. Ombudsman
c. Supreme court
d. Senate Electoral Tribune

_____________6. An act of officer by which he declines his office and renounce his further right to use it is called

a. AWOL
b. Impeachment
c. Resignation
d. Appointment

_____________7. The following maybe appointed by the President without consent of Commission on Appointments except:

a. Officers of the Armed Forces
b. Heads of Executive department
c. Ambassadors
d. Chairman of the Commission on Human Rights

_____________8. It means the designation of additional duties, usually by law, on a person already in public service.

a. Appointment
b. Removal
c. Designation
d. Promotion

_____________9. Power of the superior officer to ensure that inferiors faithfully execute the law is called:

a. Power of Removal
b. Power of Supervision
c. Veto Power
d. Power of appointment

_____________10. President may declare martial law for a period not exceeding:

a. 3 days
b. 15 days
c. 30 days
d. 60 days

_____________11. It means postponement of a sentence or stay of execution.

a. Reprieve
b. Commutation of Sentence
c. Parole
d. Pardon

_____________12. The power of the president to reduce or mitigate penalty is called:

a. Commutation of Sentence
b. Pardon
c. Reprieve
d. Amnesty

_____________13. Treaty is valid unless concurred by at least:

a. 2/3 vote of all Senators
b. Majority vote of all Senators
c. 1/3 vote of all Senators
d. B and C

_____________14. Martial Law maybe declared on the following grounds except:

a. Public Safety
b. Invasion
c. Rebellion
d. Natural Calamities

_____________15. The following officials maybe removed by the President except:

a. Ambassadors
b. Justices of the Supreme Court
c. Officers of the Armed Forces
d. Heads of Executive Departments


REVIEW/TEST QUESTIONS

II. Answer the following questions.

Define “Executive Power”.
Upon whom is executive power is vested?
What is the “Residual Power” of the President?
What are the qualifications of President?
Why is that the appointment of vice-President as Cabinet member does not need confirmation by the Commission on Appointment?
State the rules of succession in case of vacancy in the position of President.
May a Vice-President who succeeded to the presidency, run for president, at the end of the term to which he/she succeeded as President?
To what type of appointment under Section 15 is directed against?
Define “Appointment”.
What are the classifications of Appointment?
Who are the officials to be appointed by the President?
Who are the officials appointed by the President where appointment does not need confirmation by the Commission of Appointments?
Discuss the removal power of the president
Discuss the control power of the president
What is the “Doctrine of Qualified Political Agency”?
Discuss the supervision power of the president.
Discuss the military power of the President.
What is the “Writ of Habeas Corpus”?
What maybe suspended the writ or the privilege of the writ?
How does the privilege of the writ of habeas corpus operate?
What are the grounds and duration in the suspension of the writ?
What are the effects of the declaration of martial law?
What are the different forms of executive clemency?
Distinguish pardon from amnesty.
What are the limitations on the pardoning power of the President?

Legislative Questions

De La Salle-College of St. Benilde
(Legislative)

Name:____________________________ Date:_______________ Rating:__________
Course/Year:______________________ Day/Time: ___________________________

I. Multiple choice. Choose the letter of the correct answer.

__________1. It is the power to propose, enact, amend and repeal laws.

a. Judicial power
b. Legislative power
c. Veto power
d. Executive power

__________2. The following are qualifications of a Senator, except:

a. Natural Born Citizens
b. Judge of a lower court
c. At least 35 years of age
d. Able to read and write

___________3. The term of office of Senator shall commence on:

a. Second Monday of May
b. Noon of June 30
c. Fourth Day of July
d. Fourth Monday of July

___________4. The population requirement before a city or province shall have one representative.

a. 25, 000 inhabitants
b. 50, 000 inhabitants
c. 100,000 inhabitants
d. 250, 000 inhabitants

___________5. Section 5 of Article VI, 1987 Constitution prohibits:

a. Irrepealable law
b. Gerrymandering
c. Vote-buying
d. Ex post facto law

___________6. The regular election for Congress of the Philippines shall be on:

a. Fourth day of July
b. Fourth Monday of July
c. Second Monday of July
d. Noon of June Thirty

___________7. The sole judges of all contests relating to the election of the members of Congress:

a. Judicial and Bar council
b. Electoral debut
c. Supreme court
d. COMELEC

___________8. Ex-Officio Chairman of the Commission on Appointment is the:

a. Speaker of the House of Representatives
b. Senate President
c. President
d. Chief Justice of the Supreme Court

___________9. A bill specifically aims to generate funds for the public treasury is called:

a. Appropriation bill
b. Bill of Local Application
c. Tariff Bill
d. Enrolled Bill

___________10. The vote required before the Congress may declare the existence of a state war is:

a. 1/3 vote
b. 2/3 vote
c. Plurality Vote
d. Majority Vote

___________11. It is the power of the President to disapprove proposed law passed by Congress.

a. Power of Appointment
b. Executive power
c. Impoundment
d. Veto power

___________12. It is the refusal of the President to spend funds allocated by Congress for specific purpose.

a. Impoundment
b. Budgetary power
c. Veto power
d. Tariff power

___________13. Section 21 of Article VI is the power of Congress to

a. Declare war
b. Power of Declare the Existence of State of war
c. Power to Declare Martial Law
d. Power to Suspend the Privilege of the Writ of Habeas Corpus.

___________14. The following are exempt from taxes under Section 28 (3) except:

a. Foreign diplomats
b. Charitable Institutions
c. Religious Institutions
d. Educational Institutions

___________15. Section 31 of Article VI prohibits:

a. Bill of Attainder
b. Gerrymandering
c. Ex Post Facto law
d. Irrepealable law


REVIEW/TEST QUESTIONS

II. Answer the following questions

What is legislative power?
What are the qualifications of Senators? Of Members of House of Representatives?
What are the guidelines to be followed by COMELEC in determining seats for the Party List Representative?
What are the classifications of Members of House of Representatives?
What is Gerrymandering?
What are the Immunities enjoyed by the Members of Congress?
What are the Disqualifications for the Members of Congress?
What are the different kinds of Session in Congress?
What is Quorom? How does one determine the existence of quorum?
What are the matters to be entered in the Legislative Journal?
What is an enrolled bill?
What is the composition of the Commission on Appointments?
What are the functions of the Commission on Appointments?
Is the power to conduct inquiries in aid of legislation absolute or unlimited?
May the congress declare war with any country? Why?
What are the different kinds of bill that should originate from the House of Representatives?
What are the different classifications of appropriation bill?
What are the rules in enacting a General Appropriation Law?
What are the Implied Limitations on Appropriation Measures?
What are the constitutional limitations on Special Appropriation Measures?
What are the steps in the passage of a bill into law?
Cite some instances where a bill becomes a law without the signature of the President?
What is pocket veto? Is it allowed?
What is the “Doctrine of Inappropriate Provision”?
What is Impoundment?
When is tax considered “Uniformed’?
What are the entities exempted from tax?
May Congress appropriate funds for religious activities
What is Initiative?
What are the three systems of Initiative?
What is Referendum?
What are the limitations on Local Initiative?
What are the two classes of Referendum?
Justify the authority of the people on “Initiative and Referendum”?

Judicial Questions

De La Salle-College of St. Benilde
(Judicial)

Name:____________________________ Date:_______________ Rating:__________
Course/Year:______________________ Day/Time: ___________________________

I. Multiple choice. Choose the letter of the correct answer.

___________1. Judicial power is vested on the:

a. Supreme court
b. Senate President
c. Speaker of the House of Representatives
d. President of the republic

____________2. It is the power of the Supreme Court to interpret the constitution.

a. Mandamus
b. Cartiorari
c. Judicial power
d. Judicial review

_____________3. These are questions to be decided by the people in the sovereign capacity.

a. Justiciable question
b. Judicial review
c. Judicial power
d. Political question

____________4. The following are the powers of the Supreme court, except:

a. Decide on the constitutionality of treaty
b. Confirm appointments made by the president
c. Cases involving the legality of tax
d. Error or question of law is involved

____________5. Quo warranto is a Latin word which means.

a. To be informed of
b. Body of the prisoner
c. By what right
d. We command

____________6. Justices of the Supreme Court must be at least:
a. 25 years of age
b. 35 years of age
c. 40 years of age
d. 50 years of age

___________7. A council whose principal function is to recommend appointees to the Judiciary.

a. Commission on Appointments
b. Integrated bar of the Philippines
c. Judicial and Bar Council
d. Civil Service Commission

___________8. Members of the Supreme court shall hold office until they reach the age of:

a. 60 yrs
b. 65 yrs
c. 70 yrs
d. 75 yrs

___________9. Justices of the Supreme Court shall be appointed by the President from a:

a. List of 3 nominees
b. List of 4 nominees
c. List of 6 nominees
d. List of 8 nominees

____________10. The term of office of the members of Judicial and bar council is:

a. 4 yrs
b. 6 yrs
c. 7 yrs
d. 10 yrs

___________11. Judicial and bar council’s Ex Secretary is

a. Secretary of Justice
b. Clerk of the Supreme court
c. Secretary of Interior and Local government
d. Chief justice of the Supreme court

___________12. Ex Officio Chairman of the Judicial and Bar council is the:

a. Senate President
b. President of the Republic of the Philippines
c. Clerk of the Supreme court
d. Chief Justice of the Supreme court

_____________13. Order issued from a superior jurisdiction commanding a lower court to perform a particular act is called:

a. Mandamus
b. Prohibition
c. Certiorari
d. Quo warranto

_____________14. Order issue from a superior jurisdiction commanding a lower court to perform a particular act is called:

a. Mandamus
b. Prohibition
c. Certiorari
d. Quo warranto

____________15. Action made by the government to prevent an official from usurping a power which they do not have.

a. Mandamus
b. Quo warranto
c. Prohibition
d. Certiorari


REVIEW/TEST QUESTIONS

II. Answer the following questions.

Define “Judicial Power”.
Upon which judicial power is vested.
Distinguish judicial power from judicial review
Distinguish justiciable question from political questions
What are the requisites of judicial review
What are the effects of the declaration of unconstitutionality of a Statue?
What are the requisites of partial unconstitutionality?
What are the causes that must be resolve by the Supreme Court en banc?
Discuss the ‘rule making power” of the Supreme court
Define the following:
a. Certiorari
b. Prohibition
c. Mandamus
d. Quo warranto
What are the qualifications for justices/judges of the Supreme Court?
May the salary of members of supreme court be increased or decreased during their term?
How are justices of the Supreme Court removed from office?
Is there a need for confirmation by commission on appointment on the appointment of justices for the supreme court?

Research Project 1 (Poligov)

De La Salle-College of St. Benilde

Name:____________________________ Date:_______________ Rating:__________
Course/Year:______________________ Day/Time: ___________________________

I. Multiple Choice. Choose the letter of his correct answer.


__________1. Study of the maintenance of the proper balance between authority as represented by three essential powers of the state.

a. International law
b. Administrative law
c. Constitutional law
d. Election law


___________2. A branch of public law which fixes the organization of government.

a. Public International law
b. Private International law
c. Constitutional law
d. Administrative law

___________3. It is also known as the mother of all laws

a. Treaty
b. Ordinance
c. International law
d. Constitution

___________4. The following are elements of the state, except:

a. People
b. Oil
c. Sovereignty
d. Government

___________5. According to this theory, God creates States:

a. Social contract theory
b. Divine right theory
c. Patriarchal theory
d. Force theory

___________6. According to this theory, a state is created through the imposition of will by the strong to weak.

a. Force theory
b. Social contract theory
c. Economic theory
d. Divine right theory

___________7. A type of government in which the people hold the power to rule.

a. Monarchy
b. Social contract theory
c. De facto
d. Democracy

___________8. A government established in defiance of the legitimate sovereign.

a. De facto
b. De Jure
c. Parliamentary
d. Totalitarian

___________9. it is also called pure or absolute democracy

a. Presidential
b. Aristocracy
c. Parliamentary
d. Direct

__________10. Indirect democracy is otherwise known as:

a. Monarchy
b. Military junta
c. De Facto
d. Republican

__________11. Refers to the exercise of a state of its full authority to the exclusion of other states.

a. Police power
b. Power of taxation
c. Power of eminent domain
d. Sovereignty

__________12. The power to promote public welfare by regulating the use of liberty and property
a. Power of taxation
b. Power of eminent domain
c. Police Power
d. None of the above

___________13. It is also known as the “power of appropriation”

a. Budgetary power
b. Power of eminent domain
c. Power of taxation
d. Police Power

__________14. Power of the state to impose burdens and charges upon persons, property and property rights to enable the government to operate and perform its appropriate functions.

a. Veto power
b. Police Power
c. Power of Taxation
d. Power of eminent domain

__________15. It is the agency through which the will of the State is expressed, formulated and realized.

a. Public officials
b. Government
c. United nations
d. All of the above


REVIEW/TEST QUESTIONS

II. Answer the following questions.

1. What are the five (5) divisions of Political law?
2. Define constitution. Enumerate its purposes.
3. What are the different classifications of constitution? Discuss each.
4. What are the qualities of a good written constitution? Discuss each
5. What are the essential parts of a good written constitution? Discuss each.
6. Discuss the different theories about the origin of the state.
7. Discuss the four (4) elements of State.
8. Discuss the functions of government.
9. Distinguish de facto from the de jure government.
10. What are the three major forms of government? Discuss each.
11. What are the four (4) kinds of sovereignty?
12. What are the four (4) characteristics of sovereignty? Discuss each.
13. What are the three essential powers of government/state? Discuss their nature
14. Discuss the similarities of the three essential powers of government/state.
15. Distinguish contractual exemptions from and tax exemptions granted under franchises.

Saturday, June 6, 2009

Judicial Department

ARTICLE VIII
JUDICIAL DEPARTMENT(1987 Philippine Constitution)

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it under-mines the security of tenure of its Members.

Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.

Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

Section 5. The Supreme Court shall have the following powers:

1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

2. Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.(c) All cases in which the jurisdiction of any lower court is in issue.(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.(e) All cases in which only an error or question of law is involved.

3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.

4. Order a change of venue or place of trial to avoid a miscarriage of justice.

5. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.Section 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.

(2) The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council. (5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

Section 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the submission of the list.

Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts shall be fixed by law. During their continuance in office, their salary shall not be decreased.

Section 11. The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power of discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

Section 12. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Members who took no part, or dissented, or abstained from a decision or resolution must state the reason therefor. The same requirements shall be observed by all lower collegiate courts.

Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor.

Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts.

(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay.

Section 16. The Supreme Court shall, within thirty days from the opening of each regular session of the Congress, submit to the President and the Congress an annual report on the operations and activities of the Judiciary.

The Executive Department

ARTICLE VII EXECUTIVE DEPARTMENT(1987 Philippine Constitution)

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

Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.

Section 3. There shall be a Vice-President who shall have the same qualifications and term of office and be elected with and in the same manner as the President. He may be removed from office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.

Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date six years thereafter. The President shall not be eligible for any reelection. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.
No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress, voting separately.
The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose.

Section 5. Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation:

“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God.” (In case of affirmation, last sentence will be omitted.)

Section 6. The President shall have an official residence. The salaries of the President and Vice-President shall be determined by law and shall not be decreased during their tenure. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. They shall not receive during their tenure any other emolument from the Government or any other source.

Section 7. The President-elect and the Vice-President-elect shall assume office at the beginning of their terms.

If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified.

If a President shall not have been chosen, the Vice-President-elect shall act as President until a President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice-President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives shall act as President until a President or a Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.

Section 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.

Section 10. The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article V1 of this Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article V1 of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.

Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is unable to discharge the powers and duties of his office, the Vice- President shall act as President; otherwise, the President shall continue exercising the powers and duties of his office.

Section 12. In case of serious illness of the President, the public shall be informed of the state of his health. The members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness.

Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not during his tenure be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or a Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.

Section 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President within ninety days from his assumption or reassumption of office.

Section 15. Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.

Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress.
Section 17. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.

Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over where civil courts are able to function, nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.

Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board shall, within thirty days from the end of every quarter of the calendar year, submit to the Congress a complete report of its decision on applications for loans to be contracted or guaranteed by the Government or government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law.

Section 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.

Section 22. The President shall submit to the Congress within thirty days from the opening of every regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

Section 23. The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time.

The Legislative Department

ARTICLE VI THE LEGISLATIVE DEPARTMENT(1987 Philippine Constitution)

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

Legislative Power is the power to propose, enact, amend and repeal laws. It is vested in the Congress, except to the extent reserved to the people by the provision on initiative and referendum.

Extent of the Power of Congress to Legislate

The power of the Congress to legislate is complete, full and plenary embracing all subjects and extends to all matters of general concern except as limited by the constitution, either explicitly or impliedly, or substantively or procedurally.

Substantive limits curtain the contents of a law. For example, no law may be passed which impairs freedom of speech. Procedural limits curtail the manner of passing laws. For example, the President must generally approve a bill before it becomes a law.

Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualfied voters of the Philippines, as may be provided by law.

Composition and manner of elections. There shall be 24 senators who will be chosen through universal suffrage.

Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

Qualifications of a Senator:
1. A natural born citizen.
2. At least 35 years old.
3. Able to read and write.
4. A registered voter.
5. A resident of the Philippines for two years preceding the elections.

Note: The qualifications of a Senator may neither be added to nor subtracted from by the Congress.

Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected.

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office 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.

Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.

Classifications of the Members of the House of Representatives
a. District Representatives. Each representing one congressional district.
b. Party-list Representatives. Elected through the party list system.Sectoral Representatives. Existed only for three consecutive terms after the ratification of the 1987 Constitution, they disappeared in 1998, the purpose of this 3 term interim period was to allow the disadvantaged sectors time to organize themselves for participation in party list elections

(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.

Republic Act No. 7941: The Party – List System Act

The party list system is a mechanism of proportional representation in the election of representatives form national, regional and sectoral parties or organizations or coalitions thereof registered with the COMELEC.

(Religious sector may not be represented)

(3) Each legislative district shall comprise, as far as practicable, continguous, 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.

(4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.
Section 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, 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.

Gerrymandering. This is not allowed under the Constitution. This is the alteration of the voting district in such a way that the geographical units are unfairly arranged for the benefit and interest or political aggrandizement of a particular candidate.

Section 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office 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.

Note: A member of the House of Representatives may serve for mother than three terms provided the terms are not successive. In other words for as long as there are gaps in his/her election then the member may serve for more than 3 terms.

Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May.

Section 9. 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 of Representatives thus elected shall serve only for the unexpired term.

Note: In case there is a vacancy in the Senate or the House of Representatives, a special election to fill the vacancy is not mandatory. The matter is left to the discretion of Congress in the manner prescribed by law.


Section 10. The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase.

The purpose of the provision is to place a legal bar to the legislature yielding to the natural temptation to increase their salaries.

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 the 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.

Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

Section 13. 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 or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.

Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before any court of 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 subdivision, agency, or instrumentality thereof, including 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 15. The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time.

Section 16. (1). The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary.

(2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.

(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.

(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. Each House shall also keep a Record of its proceedings.

(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case maybe, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

Section 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.

Section 19. The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

Section 20. The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member.

Section 21. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.

Section 22. The heads of departments may upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.

Section 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.

Section 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills hall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

Section 25. (1) The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.

(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.

Section 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

(2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

Section 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.
Section 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.

(2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.

(3) Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques, non- profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.
(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.

Section 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

(3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

Section 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.

Section 31. No law granting a title of royalty or nobility shall be enacted.Section 32. The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.

References:

1. 1987 Philippine Constitution (2007) by Ronald M. Corpuz, Ronan S. Estoque and Lorna V. Wy
2. jlp-law.com/blog/1987 constitution- article vi- legislative department as of June 7, 2009.