WEEK 1: LESSON X PHILIPPINES AS A REPUBLIC

TOPICS FOR DISCUSSION

A. THE BILL OF RIGHTS: ART. 3

SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.

A person may be deprived by the State of his life, liberty or property provided due process of law is observed.
But what is meant by due process of Law?

Two Aspects of Due Process of Law.

1. Procedural due process which refers to the method or manner by which the law is enforced. It requires,
to paraphrase Daniel Webster’s famous definition, a procedure, “which hears before it condemns, which
proceeds upon inquiry and renders judgment only after trial.” An indispensable requisite of this aspect of
due process is the requirement of NOTICE and HEARING (emphasis supplied)
2. Substantive due process which requires that the law itself, not merely the procedures by which the law
would be enforced, is fair, reasonable and just. In other words, no person shall be deprived of his life,
liberty or property for arbitrary reasons or on flimsy grounds.

Meaning of Life. Life, as protected by due process of law, means something more than mere animal existence.
The prohibition against its deprivation without due process extends to all the limbs and faculties by which life is
enjoyed.

Meaning of Liberty. Liberty, as protected by due process of law, denotes not merely freedom from physical
restraint (e.g., imprisonment). It also embraces the right of man to use his faculties with which he has been
endowed by his Creator subject only to the limitations that he does not violate the law or the rights of others.
Liberty is not license or unlimited freedom to act according to one’s will. The very enjoyment of rights necessarily
imposes the observance of duties.

Meaning of Property. Property, as protected by due process of law, may refer to the thing itself or the right over
a thing. The constitutional provision, however, has reference more to the rights over the thing. It includes the
right to own, use, transmit and even to destroy, subject to the right of the State and of other persons.

Meaning of equal protection of laws. It signifies that “all persons subject to legislation should be treated alike,
under like circumstances and conditions both in the privilege conferred and liabilities imposed.

SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be determined personally
by the judge after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things to be seized.

Meaning of Search Warrant and Warrant of Arrest.

1. A search warrant is an order in writing, issued in the name of the People of the Philippines,
signed by a judge and directed to a peace officer, commanding him to search for certain personal
property and bring it before the court. (Rules of Court, Rule 126, Sec. 1.).
2. If the command is to arrest a person designated, i.e., to take him into custody in order that he
may be bound to answer for the commission of an offense, the written order is called warrant of
arrest.

Scope of The Protection.

1. Persons. – the protection applies to everybody, to citizens as well as aliens in the Philippines, whether
accused of crime or not. Corporations are also entitled to the protection.
2. Houses. – the protection is not limited to dwelling houses but extends to a garage, warehouse, shop,
store, office and even a safety deposit vault. It does not extend, however, to the open spaces and fields
belonging to one.
3. Papers and effect. – they include sealed letters and packages in the mail which may be opened and
examined only in pursuance of a valid search warrant.
SECTION 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.

Meaning of right of privacy.

The right of privacy is concisely defined as the right to be left alone. It has also been defined as the right of a
person to be free from undesired publicity or disclosure and as the right to live without unwarranted interference
by the public in matters with which the public is not necessarily concerned.

SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and petition the government for redress of grievances.

Meaning of freedom of speech, of expression, and of the press.

The constitutional freedom of speech and expression and of the press, otherwise known as the freedom of
expression, implies the right to freely utter and publish whatever one pleases without previous restraint and to be
protected against any responsibility for so doing as long as it does not violate the law, or injure someone’s
character, reputation or business. It also includes the right to circulate what is published.

Meaning of right of assembly and right of petition.

a. The right of assembly means the right on the part of the citizens to meet peaceably for consultation in
respect to public affairs
b. The right of petition means the right of any person or group of persons to apply, without fear of penalty, to
the appropriate branch or office of the government for redress of grievances.

SECTION 5. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise
of civil or political rights.

Meaning of religious freedom.

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

SECTION 6. The liberty of abode and of changing the same within the limits prescribed by law shall not
be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in
the interest of national security, public safety, or public health, as may be provided by law.

Meaning of liberty of abode and travel.

The liberty of abode and travel is the right of a person to have home in whatever place chosen by him and
thereafter to change it at will and to go where he pleases, without interference from any source.

Limitations on the right.

The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except
upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.

SECTION 7. The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.

Scope of the right.

1. The right embraces all public records
2. It is limited to citizens only but is without prejudice to the right of aliens to have access to records of cases
where they are litigants
3. Its exercise is subject to such limitations as may be provided by law.
SECTION 8. The right of the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not be abridged.

Meaning of right to form associations, etc.

The right to form associations is the freedom to organize or to be a member of any group or association, union or
society and to adopt the rules which the members judge most appropriate to achieve their purpose. With or
without the above provision, it may be assumed that this right exists. It is clear that the right to join an association
includes the right to leave and cancel his membership with said organization or to abstain from joining one.

SECTION 9. Private property shall not be taken for public use without just compensation.

Essential or inherent powers of government.

(1) Totality of governmental power – it is contained in three great powers, namely: power of eminent domain,
police power, and power of taxation

SECTION 10. No law impairing the obligation of contracts shall be passed.

A law which changes the terms of a legal contract between parties, either in the time or mode of performance, or
imposes new conditions, or dispenses with those expressed, or authorizes for its satisfaction something different
from that provided in its terms, is a law which impairs the obligation of a contract and is null and void.

SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.

Those protected under this Constitutional provision include low paid employees, domestic servants and laborers.
They need not be persons so poor that they must be supported at public expense. “It suffices that plaintiff is
indigent. And the difference between ‘paupers’ and ‘indigent’ is that the latter are ‘persons who have no property
or sources of income sufficient for their support aside from their own labor though self-supporting when able to
work and in employment.”

SECTION 12. (1) Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent counsel preferably of
his own choice. If the person cannot afford the services of counsel, he must be provided with one. These
rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

Rights of person under investigation

1. The right to remain silent
2. The right to competent and independent counsel preferably of his own choice
3. The right to be informed of such rights.
4. The right against torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him.
5. The right against secret detention places, solitary, incommunicado, or other similar forms of detention

SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Meaning of Bail.
Bail is a mode short of confinement which would, with reasonable certainty, insure the attendance of the accused
at his trial. It usually, takes the form of a deposit of money or its equivalent as a guarantee of such attendance
and which deposit is forfeited upon failure to appear.

Reasons why bail is awarded to accused.

a. “To honor the presumption of innocence until his guilt is proven beyond reasonable doubt;” and
b. “To enable him to prepare his defense without being subject to punishment prior to conviction.”

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the attendance of witnesses and the production of evidence
in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is unjustifiable.

Rights of the Accused.

1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard, which includes:
1) The right to be present at the trial
2) The right to counsel;
3) The right to an impartial judge
4) The right of confrontation
5) The right to compulsory process to secure the attendance of witnesses.
4. Right to be informed
5. Right to speedy trial
6. Right to an impartial trial
7. Right to a public trial
SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires it.
Meaning of Writ of Habeas Corpus and “privilege of the writ of habeas corpus.
Writ of Habeas Corpus - A writ directed to the person detaining another, commanding him to produce the body
of the prisoner at a designated time and place, with the day and reason of his caption and detention, to do,
submit to, and receive whatever the court or judge awarding the writ shall consider in that behalf. Hence, an
essential requisite for the availability of the writ is actual deprivation of personal liberty. The “privilege of the writ
of habeas corpus” is the right to have an immediate determination of the legality of the deprivation of physical
liberty.
SECTION 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi
judicial, or administrative bodies.

The Right to a Speedy Trial in Section 14 vs. The Right to a Speedy Disposition of Cases in Section 16.
Speedy trial in Section 14 covers only the trial phase of criminal cases, whereas, Section 16 covers all phases of
any judicial, quasi-judicial or administrative proceedings.

SECTION 17. No person shall be compelled to be a witness against himself.

Purpose of the guarantee against self-incrimination.

It was established on the grounds of public policy and humanity. Of policy, because, if the party were required to
testify, it would place the witness under the strongest temptation to commit perjury; and of humanity, because, it
would prevent the extorting of confession by duress.

SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party
shall have been duly convicted.

Right against Detention by reason of Political Beliefs.

This safeguards everyman’s ideals and principles regarding his political outlook. Radical political beliefs,
however, which are being propagated to subvert duly constituted authorities, are not covered by the protection
being contrary to the democratic ideals enshrined in the Constitution.
Meaning of Involuntary Servitude.
It is every condition of enforced or compulsory service of one to another no matter under what form such
servitude may be disguised.

SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to
reclusion perpetua.

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

Penalty is said to be “cruel, degrading or inhuman.”

It takes more than merely being harsh, excessive, out of proportion or severe for a penalty to be obnoxious to the
Constitution. “The fact that the punishment authorized by the statute is severe does not make it cruel and
unusual.” Expressed in other terms, it has been held that to come under the ban, the punishment must be
“flagrantly and plainly oppressive.”
SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Meaning of “debt.” – It means any liability to pay money growing out of a contract, express or implied.

Meaning of a “poll tax.” – A poll tax is understood as the cedula tax or residence tax. The Constitution does not
prohibit the cedula tax but it prohibits imprisonment for non-payment of the cedula or residence tax. A poll tax
may also be understood as a tax, the payment of which is made a requirement for the exercise of the right of
suffrage.

SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.

Right against Double Jeopardy.

It means that the accused can only be prosecuted once for the same offense. A second prosecution after the
termination of the first will be a double jeopardy if the second case involves the same act. The purpose of this
Constitutional right is to establish a rule of finality. To hold otherwise would be to forever place the accused
under a state of possible harassment by the Government and its witnesses.

SECTION 22. No ex post facto law or bill of attainder shall be enacted.

Meaning of an ex post facto law.

An ex post facto law has been defined as one:

1. Which makes an action done before the passing of the law and which was innocent when done
criminal, and punishes such action; or
2. Which aggravates a crime or makes it greater than when it was committed;
3. Which changes the punishment and inflicts a greater punishment than the law annexed to the
crime when it was committed
4. Which alters the legal rules of evidence and receives less or different testimony than the law
required at the time of the commission of the offense in order to convict the defendant.
5. In general, ex post facto law prohibits retrospectivity of penal laws.

An ex post facto law places an accused to a disadvantage because when he committed the act being
punished same was not yet punishable or that when he did same act, he was still entitled to some benefit
as an accused which the ex post facto law either eliminates or diminishes.

Meaning of a Bill of Attainder.

According to Cummings vs. Missouri, 4 Wall, 277, 323, U.S., 1867, “is a legislative act which inflicts punishment
without judicial trial. If the punishment be less than death, the act is termed a bill of pains and penalties.” The
same case, however, also affirmed that, “Within the meaning of the Constitution bills of attainder include bills of
pains and penalties.”
In a bill of attainder, the legislature usurps the power of the judiciary and that of the executive insofar as
investigation and prosecution are concerned.

B. ELECTIONS: ART. 5 SUFFRAGE AND ART. 9, CONSTITUTIONAL COMMISSIONS, COMELEC

ARTICLE V - SUFFRAGE

SECTION 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by
law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one
year and in the place wherein they propose to vote, for at least six months immediately preceding the
election. No literacy, property, or other substantive requirement shall be imposed on the exercise of
suffrage.
Meaning of Suffrage:
Suffrage traditionally has been understood as the right to vote in elections. Suffrage is the right to vote in the
election of all officers chosen by the people and in the determination of all questions submitted to the people.

Nature of Suffrage.
1. A mere privilege. – Suffrage is not a natural right of the citizens but merely a privilege to be given or
withheld by the lawmaking power subject to constitutional limitations. Suffrage should be granted to
individuals only upon the fulfillment of certain minimum conditions deemed for the welfare of society.
2. A political right. – In the sense of a right conferred by the Constitution, suffrage is classified as a political
right, enabling every citizen to participate in the process of government to assure that it can truly be said to
derive its powers from the consent of the governed.

Scope of Suffrage.
1. Election which is the expression of a choice of persons for political officers by the votes of a body politic
2. plebiscite which is a name given to a vote of the enfranchised mass of the population expressing their
choice for or against a proposed law or enactment submitted to them and which, if adopted, will work a
radical change in the Constitution. (9 R.C.L. 976).
3. Referendum – it is the submission of a law or part thereof passed by the national or local legislative body
to the voting citizens of a country for their ratification or rejection. (See Art. VI, Sec. 32.);
4. Initiative – It is the process whereby the people directly propose and enact laws. Congress is mandated
by the Constitution to provide as early as possible for a system of initiative and referendum. (Art. VI, Sec.
32). Amendments to the Constitution may likewise be directly proposed by the people through initiative
(Art. XVII, Sec. 2.); and
5. Recall – It is a method by which a public officer may be removed from office during his tenure or before
the expiration of his term by a vote of the people after registration of a petition signed by a required
percentage of the qualified voters. (Art. X, Sec. 3).

Constitutional qualifications of voters.

1. He must be a citizen (male or female) of the Philippines
2. He is not otherwise disqualified by law
3. He is at least eighteen (18) years of age
4. He has resided in the Philippines for at least one (1) year and in the place wherein he propose to vote for
at least six (6) months preceding the election.

Persons disqualified to vote.

The Congress has been given the discretion to create disqualifications. However, the Congress is prohibited
from prescribing any literacy, property, or other substantive requirements.
1. Any person who has been sentenced by final judgment to suffer an imprisonment of not less than one
year, such disability not having been removed by plenary pardon: Provided, however, that any person
disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of
five years after service of sentence
2. Any person who has been adjudged by final judgment by competent court of having violated his
allegiance to the Republic of the Philippines
3. Insane or feeble-minded persons.

SECTION 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as
well as a system for absentee voting by qualified Filipinos abroad.
[2] The Congress shall also design a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules
as the Commission on Elections may promulgate to protect the secrecy of the ballot.
System for securing the secrecy and sanctity of the ballot.
In a democratic system, the right to vote has the Constitutional guarantee of utmost significance. Sovereignty
resides in the people. (Art. II, Se. 1). It is the right of the voter to exercise freely his right without the influence of
outside threats, intimidation of corrupt motives of the external forces in order to secure a fair and honest count of
the ballots. It is therefore the obligation of the Congress to provide a system for securing the secrecy and sanctity
of the votes of the people.

On absentee voting.
In this section, the Constitution provides and extends the right to vote to Filipinos abroad on the condition that
they possess all the qualifications in the Constitution and none of the disqualifications provided by law. As to
absentee voting, during the Administration of President Gloria Macapagal Arroyo, the government through
Executive Order No. 157 has extended the right of soldiers of the Armed forces of the Philippines to vote to the
nearest voting place they are assigned, and/or to barracks which they will be provided with the voting booths to
exercise their right to vote in their own choosing of representatives of their district as well as national in scope.

Overseas Absentee Voting provided under R.A. No. 9189 (February 4, 2003)
For purposes of the Act, absentee voting refers to the process by which qualified citizens of the Philippines
abroad exercise their right to vote. All citizens of the Philippines abroad, who are not otherwise disqualified by
law, at least 18 years of age on the day of elections, may vote for president, vice president, senators and party-
list representatives. The law enumerates who shall be disqualified from voting under it.

ARTICLE IX CONSTITUTIONAL COMMISSIONS

C. COMMISSION ON ELECTIONS (COMELEC)

C. THE COMMISSION ON ELECTIONS

SECTION 1. There shall be a Commission on Elections composed of a Chairman and six Commissioners
who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-
five years of age, holders of a college degree, and must not have been candidates for any elective
positions in the immediately preceding elections. However, a majority thereof, including the Chairman,
shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten
years.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, three Members shall hold office for seven years, two Members for five years, and the last
Members for three years, without reappointment. Appointment to any vacancy shall be only for the
unexpired term of the predecessor. In no case shall any Member be appointed or designated in a
temporary or acting capacity.

Composition of Members
Chairman
Six (6) Commissioners

Qualifications of Members
a. natural-born citizens of the Philippines
b. at least thirty-five (35) years of age at the time of their appointment
c. holder of a college degree
d. must not have been candidates for any elective position in the immediately preceding elections
e. majority of the members, including the Chairman, must be members of the Philippine Bar who have been
engaged in the practice of law for at least ten (10) years.

SECTION 2. The Commission on Elections shall exercise the following powers and functions:
(1) Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction
over all contests involving elective municipal officials decided by trial courts of general
 jurisdiction, or involving elective barangay officials decided by trial courts of limited
jurisdiction.
Decisions, final orders, or rulings of the Commission on election contests involving
elective municipal and barangay offices shall be final, executory, and not appealable.

(3) Decide, except those involving the right to vote, all questions affecting elections, including
determination of the number and location of polling places, appointment of election officials
and inspectors, and registration of voters.
(4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in
addition to other requirements, must present their platform or program of government; and
accredit citizens' arms of the Commission on Elections. Religious denominations and sects
shall not be registered. Those which seek to achieve their goals through violence or unlawful
means, or refuse to uphold and adhere to this Constitution, or which are supported by any
foreign government shall likewise be refused registration.
Financial contributions from foreign governments and their agencies to political parties,
organizations, coalitions, or candidates related to elections, constitute interference in
national affairs, and, when accepted, shall be an additional ground for the cancellation of
their registration with the Commission, in addition to other penalties that may be
prescribed by law.
(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of
election laws, including acts or omissions constituting election frauds, offenses, and
malpractices.
(7) Recommend to the Congress effective measures to minimize election spending, including
limitation of places where propaganda materials shall be posted, and to prevent and penalize
all forms of election frauds, offenses, malpractices, and nuisance candidacies.
(8) Recommend to the President the removal of any officer or employee it has deputized, or the
imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its
directive, order, or decision.
(9) Submit to the President and the Congress, a comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall.

Nature of the powers of the Commission on Elections.

Like the Civil Service Commission, the Commission on Elections is an administrative agency. As such, therefore,
the powers it possesses are executive, quasi-judicial and quasi-legislative. By exception, however, it has
been given judicial power as judge with exclusive original jurisdiction over “all contests relating to the election,
returns, and qualifications of all elective regional, provincial and city officials and appellate jurisdiction over all
contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective
barangay officials decided by trial courts of limited jurisdiction.”

C. ACCOUNTABILITY OF PUBLIC OFFICERS: ART. 11 AND ART. 9, CONSTITUTIONAL COMMISSIONS,

COA

ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS

SECTION 1. Public office is a public trust. Public officers and employees must, at all times, be
accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act
with patriotism and justice, and lead modest lives.

Meaning of “Public office is a Public Trust.”

As expressed by Justice Malcolm in Cornejo vs. Gabriel, 41 Phil. 188, 194 (1920), the basic idea of government
in the Philippines “is that of a representative government, the officers being mere agents and not rulers of the
people, one where no one man or set of men has a proprietary or contractual right to an office, but where every
officer accepts office pursuant to the provisions of law and holds the office as a trust for the people whom he
represents.”

Rules in public services that must be followed by public officers and employees at all times:
1. Accountability to the people
2. Service with utmost responsibility, integrity, loyalty and efficiency
3. Acting with patriotism and justice
4. Leading modest lives.
SECTION 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high
crimes, or betrayal of public trust. All other public officers and employees may be removed from office
as provided by law, but not by impeachment.

Concept of Impeachment.
Impeachment is a mode of terminating official relation, the main object of which is to serve as an effective
restraint which the legislature may interpose in the abuse of the executive and judicial authorities. It is a method
of national inquest into the conduct of public men.

Purpose of Impeachment.
Its purpose is to protect the people from official delinquencies or malfeasances. It is, therefore, primarily intended
for the protection of the State, not for the punishment of the offender. The penalties attached to impeachment are
merely incidental to the primary intention of protecting the people as a body politic.

Officials removable by impeachment.

1. The President
2. The Vice-President
3. The members of the Supreme Court
4. The members of the Constitutional Commissions
5. The Ombudsman.

Grounds for impeachment.

1) Culpable violation of the Constitution – refers to a willful and intentional breach of the Constitution.
Hence, not every violation of the Constitution constitutes an impeachable offense. Violation of the
Constitution committed unintentionally or involuntarily either in good faith or through an honest mistake of
judgment is not a ground for impeachment (Report of Special Committee, House of Representatives on the
Impeachment of president Quirino)
2) Treason – is a crime committed by any person who, owing allegiance to the Philippines, not being a
foreigner, levies war against the Philippines or adheres to her enemies, giving them aid and comfort within
the Philippines or elsewhere (Article 114, Revised Penal Code)
3) Bribery
(a) Direct bribery, the offense committed by any public officer who shall agree to perform an act constituting
a crime, in connection with the performance of his official duties, in consideration of any promise or gift
received by such officer. It may likewise be committed by any public officer who shall accept such gift in
consideration of the non-performance of an official duty or the execution of an act which does not constitute
a crime (Article 210, Revised Penal Code)
(b) Indirect bribery, the offense committed by any public officer who shall accept gifts offered to him by
reason of his office (Article 211, Revised Penal Code)
4) Graft and corruption – the phrase cover all graft and corrupt practices. It was not included as ground for
impeachment under the 1935 Constitution. Its inclusion may be attributed to the awareness of the 1971
Constitutional Convention of the widespread graft and corruption in the government at the time
5) Other high crimes – the phrase refers to those crimes which, like treason and bribery, are of so serious and
enormous a nature as to affect the very life or orderly workings of the government. For impeachment
purpose, “no act may be regarded as a high crime” unless there is a law forbidding and publishing it.
6) Betrayal of public trust – this is a new ground for impeachment. It will cover any violation of the oath of
office involving loss of popular support even if the violation may not amount to criminal offense. Its inclusion
is more of a reaction to past experience than an exercise in logic.

SECTION 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of
impeachment.
(2) A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution or endorsement by any Member thereof, which shall
be included in the Order of Business within ten session days, and referred to the proper Committee
within three session days thereafter. The Committee, after hearing, and by a majority vote of all its
Members, shall submit its report to the House within sixty session days from such referral, together with
the corresponding resolution. The resolution shall be calendared for consideration by the House within
ten session days from receipt thereof.
 (3) A vote of at least one-third of all the Members of the House shall be necessary either to affirm
a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary
resolution. The vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all
the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate
shall forthwith proceed.
(5) No impeachment proceedings shall be initiated against the same official more than once within
a period of one year.
(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting
for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is
on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be
convicted without the concurrence of two-thirds of all the Members of the Senate.
(7) Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party convicted shall
nevertheless be liable and subject to prosecution, trial, and punishment, according to law.
(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose
of this section.

Procedures for Impeachment.

The above provision delineates the procedure for impeachment, as follows:
1. The power to initiate impeachment is lodged on the House of Representatives. A resolution for
impeachment requires at least 1/3 votes of all member of the House of Representatives. Of course, the
House may act upon receipt of a verified complaint by any of each member;
2. The power to hear and decide case of impeachment is lodged on the Senate who may decide on a
verdict of impeachment by 2/3 vote of all its members. The Chief Justice of the Supreme Court shall preside
in case the President is the one on trial for impeachment;
3. Judgment is limited to removal from office and disqualification to hold public office.

ARTICLE IX COMMISSION ON AUDIT (COA)

D. THE COMMISSION ON AUDIT

SECTION 1. (1) There shall be a Commission on Audit composed of a Chairman and two Commissioners,
who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-
five years of age, Certified Public Accountants with not less than ten years of auditing experience, or
members of the Philippine Bar who have been engaged in the practice of law for at least ten years, and
must not have been candidates for any elective position in the elections immediately preceding their
appointment. At no time shall all Members of the Commission belong to the same profession.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the
Commission on Appointments for a term of seven years without reappointment. Of those first appointed,
the Chairman shall hold office for seven years, one Commissioner for five years, and the other
Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the
unexpired portion of the term of the predecessor. In no case shall any Member be appointed or
designated in a temporary or acting capacity.
SECTION 2. (1) The Commission on Audit shall have the power, authority, and duty to examine, audit,
and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and
property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions,
agencies, or instrumentalities, including government-owned or controlled corporations with original
charters, and on a post- audit basis: (a) constitutional bodies, commissions and offices that have been
granted fiscal autonomy under this Constitution; (b) autonomous state colleges and universities; (c)
other government-owned or controlled corporations and their subsidiaries; and (d) such non-
governmental entities receiving subsidy or equity, directly or indirectly, from or through the
Government, which are required by law or the granting institution to submit to such audit as a condition
of subsidy or equity. However, where the internal control system of the audited agencies is inadequate,
the Commission may adopt such measures, including temporary or special pre-audit, as are necessary
and appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for
such period as may be provided by law, preserve the vouchers and other supporting papers pertaining
thereto.
(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the
scope of its audit and examination, establish the techniques and methods required therefore, and
promulgate accounting and auditing rules and regulations, including those for the prevention and
disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses
of government funds and properties.

Composition of Members
Chairman
Two Commissioners
Qualifications of Members
a. natural-born citizens of the Philippines
b. at the time of their appointment, at least thirty-five years of age
c. Certified Public Accountants with not less than ten years of auditing experience, or members of the
Philippine Bar who have been engaged in the practice of law for at least ten years
d. must not have been candidates for any elective position in the elections immediately preceding their
appointment. NOTE: At no time shall all Members of the Commission belong to the same profession.
The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission
on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall
hold office for seven years, one Commissioner for five years, and the other Commissioner for three years,
without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the
predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.
General function of the Commission on Audit.
To examine the accuracy of the records kept by accountable officers and to determine whether expenditures
have been made in conformity with law. It is therefore through the Commission on Audit that the people can
verify whether their money has been properly spent.
Classifications of the functions of the Commission on Audit.
(1) to examine and audit all forms of government revenues
(2) to examine and audit all forms of government expenditures
(3) to settle government accounts
(4) to promulgate accounting and auditing rules “including those for the prevention and disallowance of irregular,
unnecessary;”
(5) to decide administrative cases involving expenditures of public funds.

D. POLITICAL PARTIES AND ORGANIZATIONS: ART. 9 CONSTITUTIONAL COMMISSIONS, COMELEC

History of Political Parties in the Philippines

The first Philippine political party, established in 1900, was the Federal Party, which advocated peace and
eventual statehood. Later, the Nationalist Party (NP) and the Democratic Party were established. They did not
produce an actual two-party system, since the Nationalists retained exclusive control and the Democrats
functioned as a "loyal opposition."

However, following Japanese occupation and the granting of independence, an effective two-party system
developed between the Liberal Party (LP) and the NP. The Progressive Party, formed in 1957 by adherents of
Ramon Magsaysay, polled more than one million votes in the presidential election of 1958.

In the elections of November 1965, Senator Ferdinand Marcos, the NP candidate, received 55% of the vote. In
the 1969 election, he was elected to an unprecedented second term. All political activity was banned in 1972,
following the imposition of martial law, and was not allowed to resume until a few months before the April 1978
elections for an interim National Assembly.

The Marcos government's New Society Movement (Kilusan Bagong Lipunan- KBL) won that election and the
1980 and 1982 balloting for local officials, amid charges of electoral fraud and attempts by opposition groups to
boycott the voting. The principal opposition party was the People's Power Movement-Fight (Lakas Ng Bayan-
Laban), led by Benigno S. Aquino, Jr., until his assassination in 1983.

This party joined with 11 other opposition parties in 1982 to form a coalition known as the United Nationalist
Democratic Organization (UNIDO). Following Aquino's murder, some 50 opposition groups, including the
members of the UNIDO coalition, agreed to coordinate their anti-Marcos efforts. This coalition of opposition
parties enabled Corazon Aquino to campaign against Marcos in 1986.
In September 1986 the revolutionary left formed a legal political party to contest congressional elections. The
Partido ng Bayan (Party of the Nation) allied with other left-leaning groups in an Alliance for New Politics. This
unsuccessful attempt for electoral representation resulted in a return to guerrilla warfare on the part of the
Communists.

After assuming the presidency, Aquino formally organized the People's Power Movement (Lakas Ng Bayan), the
successor to her late husband's party. In the congressional elections of May 1987, Aquino's popularity gave her
party a sweep in the polls, making it the major party in the country. Marcos's KBL was reduced to a minor party.

Some of its members formed their own splinter groups, such as the Grand Alliance for Democracy (GAD), a
coalition of parties seeking distance from Marcos. Others revived the LP and the NP, seeking renewed
leadership. The left-wing People's Party (Partido Ng Bayan), which supports the political objectives of the NPA,
was a minor party in the elections. In May 1989 Juan Ponce Enrile reestablished the Nacionalista Party.

A new opposition party, the Filipino Party (Partido Pilipino), organized in 1991 as a vehicle for Aquino's
estranged cousin Eduardo "Danding" Cojuangco's presidential campaign. He ran third in the election, taking
18.1% of the vote, behind Miriam Defensor Santiago with 19.8% of the vote. On 30 June 1992 Fidel Ramos
succeeded Corazon Aquino as president of the Philippines with a plurality of 23.6%. In September 1992 Ramos
signed the Anti-Subversion Law signaling a peaceful resolution to more than 20 years of Communist insurgency,
with the repeal of the anti-subversion legislation in place since 1957.

On 26 August 1994 Ramos announced a new political coalition that would produce the most powerful political
group in the Philippines. Ramos' Lakas-National Union of Christian Democrats (Lakas/NUCD) teamed with the
Democratic Filipino Struggle (Laban ng Demokratikong Pilipino, Laban). Following the 1995 elections, the LDP
controlled the Senate with 14 of the 24 members. The elections in 1998 changed the political landscape once
more. In the Senate the newly created Laban Ng Masang Pilipino, led by presidential candidate, Joseph Estrada,
captured 12 seats to the Lakas 5, PRP 2, LP 1, independents 3. The LAMP party also dominated the House of
Representatives with 135 seats to the Lakas 37, LP 13, Aksyon Demokratiko 1, and 35 independents.
Political parties and their leaders in 2002 included: Kilusang Bagong Lipunan (New Society Movement), led by
Imelda Marcos; Laban Ng Demokratikong Pilipino (Struggle of Filipino Democrats) or LDP, led by Eduardo
Angara; Lakas, led by Jose De Venecia; Liberal Party or LP, led by Florencio Abad; Nacionalista Party, led by
Jose Oliveros; National People's Coalition or NPC, led by Eduardo Cojuangco; PDP-Laban, led by Aquilino
Pimentel; and the People's Reform Party or PRP, led by Miriam Defensor-Santiago.

ARTICLE IX CONSTITUTIONAL COMMISSIONS

D. COMMISSION ON ELECTIONS (COMELEC)

SECTION 6. A free and open party system shall be allowed to evolve according to the free choice of the
people, subject to the provisions of this Article.

SECTION 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for
those registered under the party-list system as provided in this Constitution.

SECTION 8. Political parties, or organizations or coalitions registered under the party-list system, shall
not be represented in the voters' registration boards, boards of election inspectors, boards of
canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in
accordance with law.

Concept of Open Party System.

A political party is an organized group of persons, its branches and divisions in a government. The term has
also been defined as “an association of votes believing in certain principles of government formed to urge the
adoption and execution of such principles in governmental affairs through officers of like belief.” The Constitution
envisions a “free and open party system” granting them equal opportunities to compete for the control of the
government. The provision encourages the development of multiparty system in our country making the political
arena more democratic. Hence, with the multi-party system, there would be greater number of candidates and
the electorate have the wider latitude of choice to elect only person capable of running the rein of the
government.
Under the party-list system, the electorate vote for political parties and not of individual candidate. Those political
parties which gather a sufficient percentage of votes is allowed to name their representatives to the lower house
of Congress and member of the representatives depends on the total votes obtained by the political parties.
Hence, if a party received 10% of the votes cast, it is entitled to 10% of the seats allowed for a party-list
representative. Such scheme is adopted in order that different parties be represented in Congress thereby
promoting the multi-party system. Votes cast in favor of a political party, organization, or coalition are invalid,
except sectoral parties or organizations 20% of its total membership shall be elected from a list of registered
national, regional and sectoral parties or organization.

Under Section 8, political parties, or organizations or coalition registered under the party-list system, would not
be represented in the voter’s registration boards, boards of election inspectors, board of canvassers, or other
similar bodies. It is believed that representation of numerous parties in said bodies would lead to delay or unruly
proceedings. However, they are entitled to appoint poll watchers in accordance with law.