FINAL COVERAGE One of the most demonstrative policy

disputes today is the debate over

Preliminary (MCQ)20% vaccinations. To what degree should the
Midterm MCQ) 20% government mandate individual behavior
it believes is in society’s best interest
Finals (Essay) 60% over the protests from individual citizens
it claims to protect?

GOVERNMENT AND PHILIPPINE THE GOVERNMENT IS ROOTED IN

POLITICAL DEVELOPMENT THE POWER OF THE PEOPLE.
PURPOSE AND NECESSITY OF THE
GOVERNMENT & DEFINITION As such, the purpose of government is
to reflect the public will and govern in
WHAT IS A DEFINITION OF the public interest. The question
GOVERNMENT? becomes, how does government as an
institution determine who represents the
 the exercise of political authority public? By providing equitable access to
over the actions, affairs, of a influence government decisions, there is
political unit, people as well as an opportunity for the government to
the performance of certain fulfill its purpose of truly serving “We,
functions for this unit or body, the the People.”
action of governing, political rule
and administration.
THE NECESSITY AND PURPOSE OF CONCLUSION
GOVERNMENT
The government’s most important
Governments are necessary because purpose is protection. We, as political
they maintain law and order. Laws are analysts, our view of the government is
necessary for society to function. Life in probably more complicated than most
a society without laws would be unsafe would have.
and unpredictable.
When we think of the purpose of The most important purpose of
government, we always go back to the government is protection, which includes
preamble of the constitution, which national security, personal security i.e.,
concisely puts forth the framers’ idea of laws that prevent harm & crime and
what government is all about products & premises are safe.

Our government should also give us the

best foundation for achieving freedom
THE GOVERNMENT SEEKS TO
and happiness, but that requires equal
BALANCE THE INTERESTS OF THE opportunity and safety.
INDIVIDUAL WITH THE INTERESTS
OF THE COMMUNITY.
A state can be distinguished from a
government. The state is the
Individuals must give up something, like
organization while the government is the
taxes, to gain the state’s protection.
particular group of people, the
administrative bureaucracy that controls  Philippines SSS.
the state apparatus at a given time.  Phil health.
That is, governments are the means  Philippines DOLE.
through which state power is employed.
 TESDA.
The barangay is the smallest unit of
GOVERNMENT IS ONLY AN government in the Philippines. Each
ELEMENT OF THE STATE: barangay is headed by a barangay
A State has four essential elements— captain and barangay assembly, each
Population, Territory, Government and elected by the citizens of the barangay.
Sovereignty. Government is only one
element of the State. It is just one part of
the State which acts for the state. STATE IS ABSTRACT, GOVERNMENT
IS CONCRETE:
These definitions draw attention to the State is a concept, an idea or a name
fact that the state has four essential used to denote a community of persons
elements. These are: (1) population, living on a definite territory and
(2) territory, (3) government, (4) organized for the exercise of
sovereignty (or independence). The sovereignty. State cannot be seen.
first two elements constitute the physical Government is made by the people of
or material basis of the state while the the State. It is formed by the
last two form its political and spiritual representatives of the people. It has a
basis. definite and defined organization and
GOVERNMENT IS AN AGENCY OR form. It can be seen as a team of people
AGENT OF THE STATE: exercising the power of the State.
Government is an agency of the State. It
acts for the state. It is that agency of the This post examines the concepts
State which formulates the will of the of state and government to lay the
state into laws, implements the laws of ground for understanding
the state and ensures conformity to the responsiveness enforced through
laws of the state. Government exercises transparency
power and authority on behalf of the
state. State is Abstract, Government is
Concrete:
A government agency may be
established by either a State is a concept, an idea or a name
national government or a state used to denote a community of persons
government within a federal living on a definite territory and
system. Agencies can be established by organized for the exercise of
legislation sovereignty. State cannot be seen.

Philippines Government Agencies The state is an abstract idea which has

 Philippines SEC. its concrete basis in a physical territory.
The state is also manifest through an
 Philippines DTI. organizational structure that is referred
 Philippines NTC. to as the bureaucracy. (a system of
government in which most of the people and become a part of the
important decisions are made by state government. Only some persons form
officials rather than by elected the government.
representatives.)
What are some examples of citizens
GOVERNMENT IS ORGANIZED ONLY participating in government?
BY A PORTION OF THE POPULATION
OF STATE: Voting in an election and contacting our
The whole population is a part of the elected officials are ways that citizens
State. All the people are citizens of the can participate in our democracy.
State. However, government is made by
the representatives of the people. Only What are the various ways in which
some people, who get elected act as people participate in the process of
representatives of the people, form the government?
government of the State. There are many ways in which people
express their views and make
Their number is limited to few hundred governments understand what actions
only (In the Philippines, the Constitution they should take. These include rallies,
provides that the House of strikes, signature campaigns etc
Representatives shall be composed of
not more than two hundred and fifty
(250) members, unless otherwise fixed SOVEREIGNTY BELONGS TO STATE
by law) In 2022, population for AND NOT TO GOVERNMENT:
Philippines was 115M PSA Sovereignty is the hallmark of the State.
It belongs to the State. The government
EXAMPLE: In India around 5500 MPs exercises power on behalf of the State.
and MLAs represent the total population It acts on the basis of the sovereignty of
of around 110M and exercise the the State.
political power at the center and in all
states of India. Sovereignty is comprehensive, absolute,
unlimited and all-inclusive supreme
MEMBERSHIP OF A STATE IS power of the State. The government
COMPULSORY BUT NOT OF exercises only well-defined and limited
GOVERNMENT: powers.
All people are citizens of the State. They
together constitute the population of the What kind of sovereignty does
State. Each one normally gets the Philippines have?
membership (citizenship) of a state
automatically right at the time of one’s The Philippines is a democratic and
birth and continues to live life as such. republican State. Sovereignty resides in
the people and all government authority
However, membership of the emanates from them.
government is not automatic. No one
can be forced to become its part.
Anyone can voluntarily seek an election, TERRITORY BELONGS TO THE
get elected as a representative of the STATE:
National Territory means the land, dictatorship. The people can by choice
subsurface and waters comprising the change the form of their government.
territory of the country and its exclusive But the State exists independently and
economic zone. National Territory has a uniform character.
means all the surface area, subsurface,
waters and atmosphere comprising the STATE IS PERMANENT,
territory of the country and its exclusive GOVERNMENT IS TEMPORARY:
economic zone. Governments come and go regularly
meaning may change from time to time.
The State has sovereign ownership and
jurisdiction over its territory. State is a A. FORMS OF GOVERNMENT
territorial entity and territory belongs to
it.  A government is the system to
govern a state or community
The government has the responsibility to  A system of social control under
preserve, protect and defend the which the right to make laws, and
territory of the State. The laws made by the right to enforce them, is
the government are applicable to all vested in a particular group in
parts of the territory of State but territory society.
belongs to the State and not to the  The exercise of political authority
government. over the actions, affairs, etc, of a
political unit, people, etc, as well
What is an example of Philippines as the performance of certain
territory? functions for this unit or body; the
action of governing; political rule
The Philippines has claimed many
and administration.
territories throughout its history. These
territories include the Spratly Islands,
portions of North Borneo, and the What makes the Philippine government
Scarborough Shoal a republic?
The Philippines is a republic with a
EVERY STATE HAS UNIFORMLY presidential form of government
FOUR ESSENTIAL ELEMENTS, wherein power is equally divided among
HOWEVER THE FORMS AND its three branches: executive, legislative,
FEATURES OF GOVERNMENT and judicial.
DIFFER FROM STATE TO STATE:
Each State has a uniform personality The term "Philippine Republic" refers to
with its four essential elements a succession of republics after the
Population, Territory, Government and Philippine Revolution in the Philippines
Sovereignty. However, governments can in 1898. A republic is a form of
be of different forms— Parliamentary or government where the citizens have the
Presidential, Unitary or Federal or a supreme power and they exercise that
mixture of these. power by voting and electing
representatives to make decisions and
A government can be monarchical or govern.
aristocratic or democratic or a
 monarch is head of state but
 A republican government is one in only performs ceremonial
which the people—directly or indirectly roles and does not have
—are the ultimate source of authority, state power. Example: Great
electing representatives to make laws Britain
that serve their interests and advance
the common good. 4. Communism
A communist government
FIVE TYPES OF GOVERNMENT system is usually based on a
SYSTEMS particular ideology of
communism taught by Karl
1. Democracy
Marx or Vladimir Lenin. A
A democracy can be defined
single party or group of
as a government system with
people usually runs
supreme power placed in the
communist states. In some
hands of the people. It can
cases, citizens of a
be traced back to as early as
communist state are given
the fifth century B.C. In fact,
certain jobs or life duties in
the word democracy
an effort to obtain collective
is Greek for “people power”.
citizenship for the state.
2. Republic
In a republic government Examples of communist
system, the power also rests states include China, Cuba
with the people, as they are and Vietnam.
in charge of electing or
choosing the country’s 5. Dictatorship
leader, instead of the leader In a dictatorship, a single
being appointed or inheriting person, a dictator,
power. Broadly defined, a has absolute power over the
republic is a government state. It is not necessarily
system without a monarch. ruled by a theology or belief.
It is an authoritarian form of
government where one
person is in charge of
3. Monarchy
enforcing and enacting the
In a monarchy, state power is
law. Aspects often include
held by a single family that
military organizational
inherits rule from one
backing, unfair elections (if
generation to the next. In a
any) and various human
monarchy, an individual from
rights violations. A dictator
the royal family holds the
does not usually inherit their
position of power until they
power like a monarch does;
die. Today, the majority of
they either seize control of
monarchy governments have
the state by force or through
transitioned to constitutional
(usually unfair) elections.
monarchies, where the
Dictators are not held
 accountable for their actions Who makes the Philippine
and thus are free to do as Constitution?
they please, including limiting
citizens’ rights. The Constitution is promulgated by the
sovereign Filipino people. Any
MIDTERM amendment to, or revision of, this
Constitution may be proposed by the
THE PHILIPPINE CONSTITUTION Congress, upon a vote of three-fourths
of all its Members or a constitutional
Definition: The fundamental law of the convention.
land
Purpose: Prescribe a permanent
PRELIMINARY PROVISIONS
framework of the system of government
A. PREAMBLE
Function: It is the charter creating the B. NATIONAL TERRITORY
government. It speaks for the entire  National Territory means all
people. the surface area, subsurface,
waters and atmosphere
As to Form: Written and unwritten comprising the territory of the
country and its exclusive
Requisites of a Good Written
economic zone.
Constitution: Brief/broad/definite,
should be comprehensive, language What is the importance of
should be clear, should avoid the national territory?
ambiguous interpretation. Territory is also important
Who are the authors of the constitution – because in international law,
preamble – the Filipino people jurisdiction which is an
attribute of state sovereignty
The preamble however is not a source is exercised primarily on a
of substantive rights. It does not confer territorial basis. The 'territorial
rights. Its purpose is just to introduce. – principle' is also important
not an integral part of the constitution – because of a state's
the constitution would still be complete jurisdictional competence.
even without the preamble or the
introduction. What is an example of
Philippines territory?
Why is the Constitution important to
history? The Philippines has claimed
many territories throughout its
The Constitution not only designed a history. These territories
government but also placed limits on it include the Spratly Islands,
to prevent arbitrary rule. Particularly portions of North Borneo, and
through its amendments, the the Scarborough Shoal.
Constitution guarantees every
fundamental rights and protection of life, Who protect the national
liberty, and property. territory of the Philippines?
 The Armed Forces of the
Philippines is the protector of Sec. 3. Civilian authority simply means,
the people and the State. Its the supremacy of the law. The president
goal is to secure the is the head of civilian government, the
sovereignty of the State and commander in chief of the AFP. The
the integrity of the national AFP are the protector of the state.
territory.
Sec. 4. The role of the government.
People are the master while the public
C. DECLARATION OF STATE officials and employees are the
PRINCIPLES AND POLICIES servants. However, the government may
 statement of the basic call on the people to render military,
ideological principles and personal or civil service (any service for
policies that underlie the the defense of the state other than
Constitution. military)

Sec. 1 Recognizes the form of Sec. 5. The duty of the government.

government and the ideologies how the
government should be. Recognition of Sec. 6. Church cannot interfere with the
the present political system of the state and vice versa. This must be
country. respected. The constitution mandates
the state to have no official religion.
Sec. 2.
It has three parts; Sec. 7. Foreign policy – international
a. The renunciation of war as relations policy (set of goals about how
national policy which the country will work with other country).
means the Philippines only
renounces AGGRESSIVE Ex. No other state should be permitted
war as an instrument of to dictate how the PH should be behave
national policy. It does not in relation to other states. The president
renounce defensive war. acts as the chief foreign policy
b. The adaptation of the implementer and DFA is the prime
international law as part of agency responsible for the pursuit of
the PH law and no foreign policy.
legislative action is
required. (Doctrine of The state shall establish friendly
Incorporation) relations with all countries of the world
c. Adherence of peace, regardless of race, religion, ideology and
equality, justice, freedom, social system and to promote as much
cooperation and amity with beneficial relations with them particularly
all other nations. in economic and trade activities.
Adherence to the policy of
peace with all nation. (Our It is mandated that we shall pursue an
country seeks peace and independent foreign policy which means
friendly relationship with we shall not allow ourselves to be
the rest of the world. dictated upon by any other foreign
power in the pursuit of our basic foreign The state shall oblige itself to promote
policy. and protect the right of the people to
health by instilling health consciousness
SEC. 8. The policy only prohibits the among the people. Right to health is
possession, control and manufacture of recognize
nuclear weapons and arms test. It does
not prohibit the peaceful uses of nuclear Section 16.
energy. (Nuclear power plant) The state shall promote and protect the rights
of the people about a balanced and healthful
Sec. 9. Consistent with the injunction environment and the right to live in a
with the preamble that we must build a healthy ecology.
just and humane society.
Section 17.
Sec. 10. It has widened the scope of The state shall provide education to
social justice beyond the economic and all citizens to have a general and
social aspect of the term. SJ cuts across broader understanding
all human aspects like labor, education, about knowledge.
health, etc.

Sec. 11. Basic notion that a human Section 18.

being is created in the image of God. In this provision, the state protects the
Therefore, every human life is valuable rights of each and every worker. And
and must be uplifted. labor is recognized as the primary
economic source. Labor laws must be
Sec. 12. This provision is consistent with enforced.
the truly democratic society that the PH
should be – our close family ties (basic Section 19.
autonomous institution) strengthened by It states that the constitutional guidelines
our belief in Almighty God in the development of the economy:
economic self-reliance, independent
Protection for the unborn. Constitutional national economy, and effective Filipino control
prohibition against abortion (general of the economy.
rule) however if the life of the mother is  
in danger, the life of the unborn may be Section 20.
sacrifice and the same should not be The state is mandated to encourage
considered as an abortion private (free) enterprise and to provide
incentives to needed investments,
Sec. 13. The state must assist in the whether local or foreign. Giving
total development and wellbeing of the incentives to investors.
youth even in their formative years in the
affairs of the nation. Section 21.
The state must develop rural and agrarian
Sec. 14. Consistent with the principle of reform for the benefits of the country.
equality
Section 22.
Section 15.
The rights of indigenous cultural minorities  Definition/Concept
must be recognized. The provision also directs Declaration and enumeration
the state to promote their rights within the of the individual rights and
framework of national unity and privileges, which the
development. constitution is designed to
protect against violations by
Section 23. the government, or by
The promotion of NGO’s and People’s individual or groups of
Organizations. The state is required to
individuals.
encourage these organizations because
recent events have shown that, under
responsible leadership, they can be  Classes of Rights
active contributors to the political, social, A. Natural Rights – they are
and economic growth of the country. those possessed by every
citizen without being
granted by the state for
Section 24. The state must keep abreast they are given to man by
of communication innovations but at the God.
same time be selective to insure that
only those suitable to the needs
B. Constitutional Rights –
and aspirations of the nation & are
Which conferred and
adapted.
protected by the
Sec. 25 Autonomy of local government. constitution.
The state recognizes the ability of the
local government to set up their own C. Statutory Rights - Those
rules. which are provided by laws
Sec. 26 The prohibition of political promulgated by the law-
dynasties. making body and
consequently, they may be
Define PD – succession of rulers from
abolished by the same
the same family or line. Prohibited -
body.
Reason -Equal opportunities must be
followed from appointment and
designation.

Sec. 27 Honesty and integrity in public  Classification of Constitutional

office. The government office is a public Rights
trust. A. Political Rights – they are
such rights of the citizens
Sec. 28 Policy of full public disclosure. which give them the power
The access of people to know every
to participate directly or
transaction entered into by the
indirectly, in the
government. Exception - confidential
matters. establishment or
administration of the
THE BILL OF RIGHTS government.
 1. Natural Persons – include
B. Civil Rights – they are both citizens and aliens.
which the law will impose 2. Artificial/Juridical Persons –
at the instance of private created by law like
individuals for the purpose corporations and partnerships
of securing to them the in so far as their property is
enjoyment of their means concerned
of happiness.
C. Aspects of Due Process
C. Social and Economic 1. Procedural – refers to the
Rights – they include those method by which the law is
rights which are intended enforced. It requires a
to ensure the well being procedure “which hears
and economic security of before it condemns”
the individual. 2. Substantive – this requires
that the law itself, not merely
D. Rights of the Accused - the procedures by which the
rights intended for the law would be enforced, is fair,
protection of the person reasonable and just.
accused of any crime D. The Equal Protection Clause
“all persons subject to legislation
should be treated alike, under like
Sec. 1. Due Process – circumstances and conditions
responsiveness to the both in privileges conferred and
supremacy of reasons and liabilities imposed”.
obedience to the dictates of Sec. 2.
justice. A. Search Warrant – is an order
A. in writing, issued in the name
 Life – the prohibition against of the People of the
its deprivation without due Philippines, signed by a judge
process extends to all the and directed to a peace
limbs and faculties by which officer, commanding him to
life is enjoyed. search for personal property
 Liberty – denotes not only and bring it before the court.
freedom from physical B. Warrant of Arrest - – is an
restraint (imprisonment) order in writing, issued in the
 Property – refers to the thing name of the People of the
itself or the right over the Philippines, signed by a judge
thing. and directed to a peace
officer, commanding him to
arrest a person designated to
B. Who are the persons protected take him into custody in order
by due process? that he may be bound to
 answer for the commission of responsibility for doing so as long as it
an offense. does not violate the law, or injure
someone’s character, reputation or
When can there be search and
business.
seizure without warrant and it is
still valid? Limitations:
1. When there is consent of A. Libel – public and malicious
waiver. imputation of a crime tending to
2. When the search is incidental cause the dishonor, discredit or
to lawful arrest. contempt of a natural or juridical
3. Where the possession of the person. (publication)
articles prohibited by law is B. Oral Defamation – when the
open to eye and hand. imputation of a crime was done
4. In the exercise of police orally and not through publication
power. C. Slander by Deed – when
5. Routinary searches usually defamation is done not through
made at the border or at ports publication nor orally but in any
of entry in the interest of other manner.
national security.
Sec. 5. Religious Freedom – the right of
Sec. 3. Meaning of Right of Privacy – a man to worship God and to entertain
concisely defined as the right to be left such religious views as appeal to his
alone. It has also been defined as the individual conscience, without dictation
right of a person to be free from or interference by any person or power.
unwarranted publicity.
Aspects of Religious Freedom:
Limitations on the Right:
A. Freedom to Believe in a Religion
The right is not violated when the – this aspect is absolute.
interference is made; B. Freedom to act in accordance
with such believe – may be
A. Upon lawful order of the court
regulated, hence it is not
B. When public safety or order
absolute.
requires otherwise as prescribed
by law. Sec. 6. Meaning of Liberty of Abode
and Travel – is the right of the
The “Doctrine of the Poisonous Tree” –
person to have his home in whatever
states that any evidence obtained in
place chosen by him and thereafter
violation thereof shall be inadmissible as
to change it at will and to go where
evidence in any proceeding against the
he pleases without interference from
accused.
any source.
Sec. 4. Meaning of freedom of speech,
Limitations:
of expression and of the press – implies
the right to freely utter and publish A. Imposition of curfew hours in
whatever one pleases without previous times of war or national
restraint and to be protected against any emergency,
 B. Commitment of mentally Section 9
challenged persons to
rehabilitation centers. Expropriation
C. Travel ban imposed against a
person accused of an offense Expropriation is the act of a government
and others. in claiming privately owned property to
be used for the benefit of the overall
public.

What is the power of expropriation?

Essentially, expropriation is an
involuntary sale where the landowner is
practically an unwilling seller. Provided
all the requisites for its exercise are
present, a private individual cannot
resist the state's exercise of its inherent
FINAL EXAMINATION COVERAGE: power of eminent domain.

 Article III, Sections 7 – 22 Can you refuse eminent domain

 Article IV Citizenship Philippines?
 Article V Suffrage
In general, eminent domain can only be
SECTION 7 refused if the government is not fulfilling
its responsibilities to the property owner,
In consonance with Right to Information making the acquisition invalid in some
Law way.
What is right to information law in the
Philippines? The taking of private property for
expropriation can only be validly done
FOI allows Filipino citizens to request
any information about government if there is genuine necessity and the
transactions and operations, provided necessity is public in character.
that it shall not put into jeopardy privacy
and matters of national security. The What the Constitution, Supreme
FOI mechanism for the Executive Court say
Branch is enabled through Executive
Order No. 2, series of 2016. In the Philippines, the power of
expropriation is also set in stone as it is
"The passage of a Freedom of enshrined in all our constitutions,
Information Law is crucial for Filipino present and present. Under the 1987
citizens to exercise their right to access Constitution, the power of eminent
government-held information. It domain is contained in article III section
empowers citizen participation in 9, which provides: Private property shall
demanding for transparency and not be taken for public use without just
accountability from the government. compensation.
Most often, the government uses on property or property rights, whether
expropriation for infrastructure purposes. real or personal, tangible or intangible.
Common examples include roads,
railways, public utilities, parks, schools, Meaning of Obligation
or public health buildings. It might be the An obligation is the juridical necessity to
case that the government wants to build give, to do or not to do. The obligation of
a new road, but the property they want a contract is the law or duty which binds
to use is privately owned the parties to perform their undertaking
How to determine just compensation or agreement according to its terms and
in expropriation Philippines? intent.
In other words, just compensation is, as
a general rule, based on the price or
value of the property at the time the
complaint for expropriation was filed. Section 10:
102 By way of exception, National
No law impairing the obligation of
Transmission Corporation
contracts shall be passed.

Can a government expropriate public

Impairment
property?
Local governments can exercise such What is the meaning of the Obligation of
power only when expressly authorized Contract and When is it Impaired by
by the Legislature. By virtue of the Local Law?
Government Code of 1991, Congress
conferred upon local government units Impairment is anything that diminishes
the power to expropriate. However, the the efficacy of the contract or when the
exercise by local government units of terms and conditions are
the power of eminent domain is not
absolute. changed/altered by law or by party
Section 10 without the consent of the other party
thereby weakening the position or rights.
Meaning of Contract
A contract is a meaning of minds Example is when conditions are being
between two persons whereby one imposed although not expressly
binds himself, with respect to the others, stipulated in the contract.
to give something or to render some
services. To perform their understanding
according to its terms or intent, if it (the
The term "contract" as used in this agreement) is not contrary to law,
provision refers to any lawful agreement morals, good customs, and public policy.
Limitations  Expertise: Generally members of
the bodies have necessary
The right guaranteed under this section expertise and specialization in the
is however not absolute because a particular area which help
immensely in cases.
contract valid at the time of its execution
may be legally modified or even
completely invalidated by a subsequent What are quasi judicial bodies in the
Philippines?
law. If the law is a proper exercise of
police power, it will prevail over the  Agricultural Inventions Board.
contract.  Board of Investments.
 Bureau of Patents, Trademarks
and Technology Transfer.
 Central Board of Assessment
Appeal.
Section 11.
 Civil Aeronautics Board.
FREE ACCESS TO COURTS  Civil Service Commission.
 Fair Trial Standards  Commission on Audit.
What does quasi judicial body mean in  Commission on Elections.
simple terms?
What is mediation and arbitration part
Quasi-judicial refers to a proceeding of?
conducted by an administrative or
Mediation and arbitration are both forms
executive official or organization that is
of alternative dispute resolution (ADR),
similar to a court proceeding, e.g. a
meaning alternatives to the expensive
hearing conducted by a human rights
and time-consuming litigation of a
commission.
lengthy court battle.

PURPOSE Arbitration is a quasi-judicial

Quasi-judicial bodies. A quasi-judicial forum through which conflicts can be
body can adjudicate on matters of law, resolved without resorting to traditional
but only through existing legal basis. litigation.
They have no actual judicial power.
These include: Agricultural Inventions
RIGHTS OF A PERSON UNDER
Board.
CUSTODIAL INVESTIGATION
ADVANTAGES OF QUASI JUDICIAL
BODIES: CUSTODIAL RIGHTS OF A PERSON
 Lessen the burden of court:
Section 12, Article III of the 1987
These bodies reduce the burden
Constitution
of judiciary which is having huge
number of pending cases.
 Sec. 12: (1) Any person under The Miranda Doctrine means that prior
investigation for the commission of an to questioning during custodial
offense shall have the right to be investigation, the person must be
informed of his right to remain silent and warned that he has the right to remain
to have competent and independent silent, that any statement he gives may
counsel preferably of his own choice. If be used as evidence against him, and
the person cannot afford the services of that he has the right to the presence of
counsel, he must be provided with one. an attorney, either retained or
These rights cannot be waived except in appointed.
writing and in the presence of counsel.
The name comes from the the U.S.
(2) No torture, force, violence, threat, case, Miranda vs. Arizona, 16 L. Ed 2d
intimidation, or any other means which 694, in which the US Supreme Court
vitiate the free will shall be used against laid down the principle of custodial rights
him. Secret detention places, solitary, of an accused. It held, thus:
incommunicado, or other similar forms
of detention are prohibited. “Our holding will be spelled out with
some specificity in the pages which
(3) Any confession or admission follow, but, briefly stated, it is this: the
obtained in violation of this or Section prosecution may not use statements,
17 hereof shall be inadmissible in whether exculpatory or inculpatory,
evidence. stemming from custodial interrogation of
the defendant unless it demonstrates
(4) The law shall provide for penal and the use of procedural safeguards
civil sanctions for violations of this effective to secure the privilege against
section as well as compensation to and self-incrimination. By custodial
rehabilitation of victims of torture or investigation, we mean questioning
similar practices, and their families. initiated by law enforcement officers
after a person has been taken into
Custodial Investigation is any custody or otherwise deprived of his
questioning by law enforcement after a freedom of action in any significant way.
person has been taken into custody or As for the procedural safeguards to be
otherwise deprived of his freedom of employed, unless other fully effective
action in any significant way. It refers to means are devised to inform accused
the investigation conducted by law persons of their right of silence and to
enforcement immediately after arrest for assure a continuous opportunity to
the commission of an offense. It begins exercise it, the following measures are
when a person has been arrested and required: Prior to any questioning, the
brought to the custody of law enforcers person must be warned that he has the
in which suspicion is focused on him in right to remain silent, that any statement
particular and questions are asked from he does make may be used as evidence
him (the suspect) to elicit admissions or against him, and that he has a right to
information on the commission of an the presence of an attorney, either
offense. retained or appointed. The defendant
may waive effectuation of these rights,
What is the Miranda Doctrine? provided the waiver is made voluntarily,
knowingly and intelligently. If, however, 1. The right to an attorney or to
he indicates in any manner and at any counsel, preferably of his own
stage of the process that he wishes to choice; if not, one will be
consult with an attorney before provided for him
speaking, there can be no questioning.
Likewise, if the individual is alone and – This right is absolute and applies even
indicates in any manner that he does if the accused himself is a lawyer. The
not wish to be interrogated, the police right is more particularly the right
may not question him. The mere fact to independent and competent. An
that he may have answered some independent counsel is one not
questions or volunteered some hampered with any conflicts of interest,
statements on his own does not deprive and a competent counsel is one who is
him of the right to refrain from vigilant in protecting the rights of an
answering any further inquiries until he accused.
has consulted with an attorney and
thereafter consents to be questioned.” 1. Right against torture, force,
violence, threat, intimidation or
any other means which vitiate
the free will of the person
What are the rights of a person 2. Right against secret detention
during custodial investigation? places, solitary,
incommunicado, or other
1. The right to be informed of his similar forms of detention
rights
Any confession or admission obtained
– i.e. the reading of the Miranda from the person arrested in violation of
Doctrine or custodial rights by police these rights are inadmissible in evidence
during his arrest. This carries the and cannot be used against said person.
correlative obligation on the part of the Such confession or admission is tainted
investigator to explain and contemplates and must be suppressed under the
effective communication which results in “Fruit of the Poisonous Tree” Doctrine.
the subject understanding what is
conveyed. Failure to comply with the safeguards
provided by law in implementing the
1. The right to remain silent and search warrant makes the search
to be reminded that anything unreasonable. Thus, the exclusionary
he says can and will be used rule applies, i.e., any evidence obtained
against him in violation of this constitutional mandate
is inadmissible in any proceeding for any
– This refers not only to verbal purpose
confessions but also to acts. However,
mechanical acts that does not require How important is the giving of
the use of intelligence (such as Miranda warnings to the suspect
providing DNA samples) or to answers during his arrest?
to general questions are not protected
under this right.
Any admission or confession made by a the suspect whether he wanted to have
suspect during his arrest but without counsel and, if so, whether he had his
having been read his Miranda rights are own counsel or he wanted the police to
inadmissible. This was the ruling of the appoint one for him is insufficient. Mere
Supreme Court in People v. Obrero, ceremonial giving of warnings is
G.R. No. 122142, May 17, 2000. inadequate to transmit meaningful
information to the suspect.
In that case, the Court held that
extrajudicial confessions are presumed In People v. Pinlac, 249 Phil. 114, the
voluntary, and in the absence of Court held that when the Constitution
conclusive evidence showing the requires a person under investigation “to
declarant’s consent in executing the be informed” of his right to remain silent
same has been vitiated, such confession and to counsel, it must be presumed to
will be sustained. xxx But what renders contemplate the transmission of a
the confession of accused-appellant meaningful information rather than just
inadmissible is the fact that accused- the ceremonial and perfunctory
appellant was not given the Miranda recitation of an abstract constitutional
warnings effectively. Under the principle. As a rule, therefore, it would
Constitution, an uncounseled statement, not be sufficient for a police officer just
such as it is called in the United States to repeat to the person under
from which Art. III, Sec. 12(1) was investigation the provisions of the
derived, is presumed to be Constitution. He is not only duty-bound
psychologically coerced. Swept into an to tell the person the rights to which the
unfamiliar environment and surrounded latter is entitled; he must also explain
by intimidating figures typical of the their effects in practical terms. In other
atmosphere of police interrogation, the words, the right of a person under
suspect really needs the guiding hand of interrogation “to be informed” implies a
counsel. correlative obligation on the part of the
police investigator to explain, and
Now, under the first paragraph of this contemplates an effective
provision, it is required that the suspect communication that results in
in custodial interrogation must be given understanding what is conveyed. Short
the following warnings: (1) He must be of this, there is a denial of the right, as it
informed of his right to remain silent; (2) cannot truly be said that the person has
he must be warned that anything he been “informed” of his rights.
says can and will be used against him;
and (3) he must be told that he has a CAN A VOLUNTARY ADMISSION
right to counsel, and that if he is MADE TO THE MAYOR OR MEDIA BE
indigent, a lawyer will be appointed to USED AGAINST THE SUSPECT OF A
represent him. CRIME?

NOTE: Is the mere reading of the Yes.

Miranda Warnings enough?
In People v. Andan, G.R. No. 116437,
A perfunctory reading of the Miranda March 3, 1997, the Supreme Court that
rights without any effort to find out from under these circumstances, it cannot be
successfully claimed that appellant’s questions by news reporters, not by the
confession before the mayor is police or any other investigating officer.
inadmissible. It is true that a municipal We have held that statements
mayor has “operational supervision and spontaneously made by a suspect to
control” over the local police and may news reporters on a televised interview
arguably be deemed a law enforcement are deemed voluntary and are
officer for purposes of applying Section admissible in evidence.
12(1) and (3) of Article III of the
Constitution. However, appellant’s SECTION 13
confession to the mayor was not made
in response to any interrogation by the DEFINE BAIL- security required by a
latter. In fact, the mayor did not question court for the provisional or temporary
appellant at all. No police authority release of a person who is in the
ordered appellant to talk to the mayor. It custody of the law conditioned upon his
was appellant himself who appearance before any court as
spontaneously, freely and voluntarily required under the conditions specified.
sought the mayor for a private meeting.
The mayor did not know that appellant
was going to confess his guilt to him.
PURPOSE AND FORM OF BAIL:
When appellant talked with the mayor as
a confidant and not as a law To relieve and accused from
enforcement officer, his uncounseled imprisonment until his conviction and yet
confession to him did not violate his secure his appearance at the trial.
constitutional rights. Thus, it has been
held that the constitutional procedures RECLUSION PERPETUA Art. 27.
on custodial investigation do not apply to Reclusion Perpetua. — Any person
a spontaneous statement, not elicited sentenced to any of the perpetual
through questioning by the authorities, penalties shall be pardoned after
but given in an ordinary manner undergoing the penalty for thirty years,
whereby appellant orally admitted unless such person by reason of his
having committed the crime. What the conduct or some other serious cause
Constitution bars is the compulsory
shall be considered by the Chief
disclosure of incriminating facts or
confessions. The rights under Section Executive as unworthy of pardon.
12 are guaranteed to preclude the IS RECLUSION PERPETUA THE
slightest use of coercion by the state as SAME AS LIFE IMPRISONMENT?
would lead the accused to admit
something false, not to prevent him from "As early as 1948, in People vs. Mobe,
freely and voluntarily telling the truth. reiterated in People vs. Pilones and in
Hence, we hold that appellant’s the concurring opinion of Justice Ramon
confession to the mayor was correctly Aquino in People vs. Sumadic, this
admitted by the trial court. Court already made it clear that
reclusion perpetua is not the same as
Appellant’s confessions to the media imprisonment for life or life
were likewise properly admitted. The imprisonment.
confessions were made in response to
Reclusión perpetua is prescribed on 3. In order to convict the accused,
crimes punishable by the Revised Penal the Court must be convinced of the
Code, while life imprisonment is guilt of the accused beyond
imposed on offenses punishable by reasonable doubt.
Special Laws.
What are the elements of the
presumption of innocence?
Reclusión perpetua carries the
accessory penalty in which, as defined Presumption of innocence -- "Element of
by Philippine Law, the prisoner is barred the offense" defined. (1) A defendant in
for life from holding political office. a criminal proceeding is presumed to be
innocent until each element of the
Section 14 offense charged against him is proved
beyond a reasonable doubt. In the
Section 14. (1) No person shall be held absence of this proof, the defendant
to answer for a criminal offense without shall be acquitted.
due process of law.

(2) In all criminal prosecutions, the Section 15

accused shall be presumed innocent In English, the Latin phrase habeas
until the contrary is proved, and shall corpus means "that you have the
enjoy the right to be heard by himself body/produce the body." When the
and counsel, to be informed of the Supreme Court, which has jurisdiction
nature and cause of the accusation over habeas corpus petitions, issues the
against him, to have a speedy, impartial, writ, it commands an individual or a
and public trial, to meet the witnesses government official who has restrained
face to face, and to have compulsory another individual to produce the
process to secure the attendance of prisoner at a designated time and place
witnesses and the production of so that the Court can determine whether
evidence in his behalf. However, after the prisoner's custody is legal or not.
arraignment, trial may proceed
notwithstanding the absence of the Only the President has the power to
accused : Provided, that he has been suspend the writ under Article 7, Section
duly notified and his failure to appear is 18, which Duterte used as the legal
unjustifiable. basis for issuing the state of emergency.
Basis: Rome Statute The provision says "in case of invasion
Article 66 Presumption of innocence or rebellion, when the public safety
requires it, he (the President) may, for a
1. Everyone shall be presumed period not exceeding sixty days,
innocent until proved guilty before suspend the privilege of the writ of
the Court in accordance with the habeas corpus or place the Philippines
applicable law. or any part thereof under martial law."
2. The burden is on the Prosecutor
to prove the guilt of the accused. Within 48 hours of suspending the writ,
the President must submit "a report in
person or in writing to the Congress,"
which may revoke or extend the “Justice delayed is Justice denied”
suspension following a majority vote of
both the House of Representatives and SC – 24 months
the Senate. In case of a revocation, the
President must comply. CA – 12 months

In addition, the Supreme Court may, Lower Courts – 3 months

upon the filing of any citizen, review the
suspension of the writ and must Section 17.
promulgate its decision on it within 30
days from the filing. The right against self-incrimination has
two (2) aspects namely: the right to
The provision makes very clear that the refuse to take the witness stand and the
suspension of the writ "shall apply only right to refuse to answer an
to persons judicially charged for incriminatory question. The first right,
rebellion or offenses inherent in or namely the right to refuse to take the
directly connected with the invasion" witness stand, is available only to an
and that any person arrested or accused in a criminal case.
detained while the writ is suspended
must be charged within three days or
else he or she will be released. RIGHT AGAINST SELF-
INCRIMINATION
CASES OF SUSPENDING THE WRIT
WHAT IS THE SCOPE OF THE
The first suspension of the writ of
habeas corpus after the American RIGHT AGAINST SELF-
occupation was in 1950, when President INCRIMINATION?
Elpidio Quirino issued Proclamation No.
210 to help in the fight against The right against self-incrimination
Communist rebels.
covers testimonial compulsion only and
In 1971, President Ferdinand Marcos the compulsion to produce real or
also suspended habeas corpus physical evidence using the body of the
through Proclamation No. 889 in
accused
response to the threat of Communist
rebels and to the Plaza Miranda Physical or moral compulsion to extort
bombing. Most recently, President
Gloria Macapagal-Arroyo suspended the communication
writ in Maguindanao in 2009  
through Proclamation No. 1959 following
the Maguindanao massacre. ON WHAT KIND OF PROCEEDINGS
CAN THE RIGHT AGAINST SELF-
Section 16 INCRIMINATION BE INVOKED?

Right to Speedy Trial > The right against self-incrimination

can be invoked in all proceedings
 instituted by the government Section 21 Double Jeopardy

As defined by jurisprudence, it simply

means that a person cannot be charged
WHAT IS THE RATIONALE FOR
with a same or identical crime when
PROTECTING THE RIGHT AGAINST such person was already previously
SELF-INCRIMINATION? convicted or acquitted of a similar
crime (See Carmelo vs People, GR L-
1.    FOR HUMANITARIAN REASONS 3580, 22 March 1950, En Banc)
—to prevent the State with all its
Section 22
coercive powers from extracting
testimony that may convict the accused What is an example of ex post facto in
2.    FOR PRACTICAL REASONS— law?
the accused is likely to commit perjury
A law that makes chewing gum illegal
if he were compelled to testify against and requires the arrest of every person
himself who has ever chewed gum, even before
the law existed, would be an example of
Section 18 an ex post facto law.
(2) involuntary servitude/peonage
A bill of attainder is a legislative act
Peonage, also called debt slavery or which declares individuals’ guilt of a
debt servitude, is a system where an crime and inflicts punishment on
employer compels a worker to pay off a individuals often without a trial. An ex
debt with work post facto law is a law that acts
retroactively or after the fact to
What is an example of peonage? criminalize an act that was legal at the
time it was committed. The two are not
mutually exclusive, however, there is not
Under those state laws, employers could necessarily any connection between the
induce or deceive men into signing two.
contracts for labor to pay their debts or
to avoid fines that might be imposed by CITIZENSHIP – A legal relationship
the courts. Another form of peonage between a person and a country. In
exists when prisoners sentenced to hard consonance with right to live, work, pay
labor are farmed out to either private or taxes and to vote.
governmental labor camps.
Is citizenship the same as nationality?
Nationality (where you came from) is the
Section 19 Excessive Fines individual membership that shows a
person's relationship with the state.
Section 20. No person shall be Citizenship is the political status, which
imprisoned for non-payment of poll
states that the person is recognized as a
tax
citizen of the country. Ethnic or racial. 4. You have not been adjudged as
Legal or juristic. mentally incapable by a court or by
competent authority.
MODES OF ACQUIRING CITIZENSHIP
Scope of Suffrage
1. By Birth
1. Election
(Jus Soli) “Law of the Soil”
(Jus Sanguinis) “Law of Blood” 2. Plebiscite A plebiscite is an
(Philippine Law is following Jus election duly called for the people
Sanguinis) directly affected to either approve
or reject a law or part thereof
2. By naturalization enacted by the Congress or
Aliens can become Filipino citizens approve or reject the resolutions
through naturalization. However, you or ordinance enacted by the local
much renounce your former citizenship legislative unit.
before you can become a naturalized
Filipino citizen 3. Referendum a referendum is "the
power of the electorate to
approve or reject a legislation
Note: Dual Allegiance is PROHIBITED. Dual through an election called for the
Citizenship is NOT. purpose." A plebiscite, on the
SUFFRAGE other hand, is "the electoral
process by which an initiative on
Is Suffrage a constitutional right? the Constitution is approved or
The constitution provides the basic right rejected by the people."
of suffrage, and recognizes the people
as the only source from which 4. Initiative - People's Initiative is a
sovereignty and all government power common appellative in the
come from. Philippines that refers to either a
mode for constitutional
WHO ARE ALLOWED TO VOTE? amendment provided by the 1987
Philippine Constitution or to the
Qualifications of Voters act of pushing an initiative
(national or local) allowed by the
1. You must be a citizen of the Republic
Philippine Initiative and
of the Philippines.
Referendum Act of 1987.
2. You are a resident of the Philippines
for at least one year, and in the place 5. Recall A recall can be initiated by
where you intend to vote for at least six a petition of at least 25% of the
months. registered voters in the local
government unit (LGU)
3. You must be at least 18 years of age
concerned.
on or before the election date.