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Politics, Governance, and Citizenship

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Lesson 1 • Addresses such issues as the nature of

Political Science and Philippines as a Nation-State political authority, the relationship of the
state to the individual, and citizens'
Political Science obligations and responsibilities to one
• Academic discipline under social sciences deals another.
with the study of government and political • Seeks to interpret abstract concepts such
processes, institutions, and behaviors. as liberty, justice, human rights, and
o Social Sciences power.
Study the human aspects of the world – 4. Public Administration
human-made constructs and structures. • Is the art, science, and practice of
• Political science is important because politics is effectively managing government. It also
important. includes the study of public financing and
o Politics budgeting systems, public management,
Study of power – what it is, who gets it, human resources, public-policy analysis,
and how. nonprofit management, and urban
• Motivated by the need to understand the sources planning.
and consequences of political stability and • The implementation of public policies and
revolution, of repression and liberty, of equality the planning, organizing, directing,
and inequality, of war and peace, of democracy coordinating, and controlling of
and dictatorship. government operations.
• Reveals that the world of politics, along with its o Civil Service
institutions, leaders, and citizens, is a complex Body of public administrators
and far-reaching one. 5. Public Policy
• Involves the study of specific policy
Sub-disciplines of Political Science problems and governmental responses to
1. Comparative Politics them.
• Involves the study of politics of different • Is about problem solving, designing and
countries. implementing strategies, and evaluating
• Political scientists compare countries that outcomes.
are culturally, politically, and linguistically • Political scientists involved in the study of
dissimilar. public policy attempt to devise solutions
2. International Relations for problems of public concern.
• The study of interactions between 6. Political Behavior
nations, international organizations, and • Involves the study of how people
multinational corporations. participate in political processes and
• There are two traditional approaches respond to political activity.
used by international-relations scholars: • Emphasizes the study of voting behavior,
a. Realism emphasizes the danger which can be affected by social
of the international system, where war is pressures; the effects of individual
always a possibility and the only source of psychology, such as emotional
order is the balance of power. attachments to parties or leaders; and the
b. Liberalism is more idealistic and rational self-interests of voters.
hopeful, emphasizing the problem-solving • The results of these studies are applied
abilities of international institutions such during the planning of campaigns and
as the United Nations, NATO, and the elections and influence the design of
World Trade Organization. advertisements and political-party
3. Political Theory platforms.
• Involves the study of philosophical
thought about politics from ancient
Greece to the present.
• Is concerned with the fundamental
questions of public life.
Concept of Power and Authority b. Traditional Authority
A type of authority that derives from long-
Power established customs, habits, and social structures.
• Is frequently defined by political scientists as the When power passes from one generation to
ability to influence the behavior of others with or another, it is known as traditional authority.
without resistance. c. Charismatic Authority
• Endemic to humans as social beings. It is authority legitimized on the basis of a
• Can be exercised through persuasion, offer of leader’s exceptional personal qualities, or the
rewards, granting of rewards, the threat of demonstration of extraordinary insight and
punishment, infliction of nonviolent punishment, a accomplishment, which inspire loyalty and
command from a person in authority, use of force, obedience from followers.
domination, and manipulation.
• May derive from a number of sources, including
social class (material wealth can equal power),
resource currency (material items such as money,
property, food), personal or group charisma,
ascribed power (acting on perceived or assumed
abilities, whether these bear testing or not), social
influence of tradition (compare ascribed power),
etc. State
o Different types of Power An independent, sovereign government
a. Political Power exercising control over a certain spatially defined and
b. Economic Power bounded area, whose borders are usually clearly defined
c. Military Power and internationally recognized by other states.
d. Religious Power 1. States are tied to territory
• Sovereign or state as absolute ruler over
Influence territory
• The ability to affect decisions through persuasion • Have clear borders
has the same relational attributes as power. • Defends and controls its territory within
However, the exercise of power depends upon the those borders
potential use of sanctions, while influence • Recognized by other countries
depends largely on persuasion. (diplomatic recognition, passports,
treaties, etc.)
Authority 2. States have bureaucracies staffed by state’s own
• The legitimate or socially approved use of power personnel
that a person or a group holds over another. • Has a national bureaucracy staffed by
• Associated with a hierarchy of human government personnel (legal system,
relationships, which enables those higher to educational system, hierarchical
command those lower in the hierarchy, and which governmental units, etc.)
compels those lower in the hierarchy to obey the 3. States monopolize certain functions within their
command of those in the higher position. territory (sovereign)
• Power can be exerted by the use of force or • Controls legitimate use of force within its
violence. Authority, by contrast, depends on territory
subordinate groups consenting to the use of • Controls money at a national scale (prints
power wielded by superior groups. currency; collects taxes)
• Makes rules within its territory (law,
Three Types of Legitimate Domination regulations, taxes, citizenship, etc.)
a. Rational-legal Authority • Controls much information within its
It is a form of authority with legitimacy that territory
depends on formal rules and established laws of
the state, which are usually written down and are
often very complex.
Nation • The state exercises its sovereign power through
• A group of people who see themselves as a its government. This sometimes creates the
cohesive and coherent unit based on shared impression that there is no difference between the
cultural or historical criteria State and Government. However, it must be
• Socially constructed units, not given by nature clearly noted that government is just one element
• “Imagined communities” that are bound together of the State. It is the agent or the working agency
by notions of unity that can pivot around religion, of the State. Sovereignty belongs to the State; the
ethnic identity, language, cultural practice, and so government only uses it on behalf of the State.
forth • Each government has three organs:
• A Nation-State is the idea of a homogenous nation o Legislature
governed by its own sovereign state—where each Formulates the will of State i.e.
state contains one nation. The state is a political performs law-making functions
concept while the nation is an ethnic concept. o Executive
Enforces and implements the
laws i.e. performs the law-application
functions
o Judiciary
Applies the laws to specific cases
and settles the disputes i.e. performs
adjudication functions.
4. Sovereignty
• The most exclusive element of State. The state
Elements of a State alone possesses sovereignty. Without
1. Population sovereignty, no state can exist. Some institutions
• The state is a community of people. It is a human can have the first three elements but not
political institution. Without a population, there can sovereignty.
be no State. • The state has the exclusive title and prerogative to
• The population can be more or less but it has to exercise supreme power over all its people and
be there. The people living in the State are the territory.
citizens of the State. They enjoy rights and • It is the basis on which the State regulates all
freedom as citizens as well as perform several aspects of the life of the people living in its
duties towards the State. When citizens of another territory.
State are living in the territory of the State, they o Internal Sovereignty
are called aliens. All people, citizens as well as The power of the State to order
aliens, who are living in the territory of the State and regulate the activities of all the
are bound to obey the state laws and policies. people, groups, and institutions which are
2. Territory at work within its territory. All these
• A state is a territorial unit therefore territory is its institutions always act in accordance with
essential component. A State cannot exist in the the laws of the State. The State can
air or at sea. The size of the territory of a state can punish them for every violation of any of
be big or small; nevertheless, it has to be a its laws.
definite, well-marked portion of the territory. o External Sovereignty
• The whole territory of the state is under the There's complete independence
sovereignty or supreme power of the State. All of the State from external control. It also
people, organizations, associations, institutions, means the full freedom of the State to
and places located within its territory are under the participate in the activities of the
sovereign jurisdiction of the State. community of nations. Each state has the
3. Government sovereign power to formulate and act on
• Government is the organization of the State which the basis of its independent foreign policy.
makes, implements, enforces, and adjudicates the
laws of the state.
Necessity of the State ushering in what is called the First Philippine
1. State is the Natural Institution Republic.
2. State is a Social Necessity • In the Spanish-American War of 1898, the
3. Economic Necessity of State revolutionaries sided with the Americans, hoping that,
4. State secures Peace, Security, and Welfare of all with the defeat of Spain, independence would be
in Society granted by the US to the Philippines.
5. State is needed for Protection against War and • This, however, did not happen. After Spain ceded (or
External Enemies sold) the islands to the United States in the Treaty of
Paris, the US immediately proceeded to brutally
Political Culture suppress the Philippine independence movement.
• A set of attitudes and practices held by a people • In 1916, the US passed the Jones Act which specified
that shapes their political behavior. that independence would only be granted upon the
• Includes moral judgments, political myths, beliefs, formation of a stable democratic government
and ideas about what makes for a good society. modeled on the American model, not the French
• A reflection of a government, but it also model as the previous constitution had been.
incorporates elements of history and tradition that • The US approved a ten-year transition plan in 1934
may predate the current regime. and drafted a new constitution in 1935. World War II
and the Japanese invasion on December 8, 1941,
Three Basic Types of Political Culture however, interrupted that plan.
• Parochial • Philippine independence was eventually achieved on
Citizens are mostly uninformed and unaware of July 4, 1946. The 1935 Constitution, which featured a
their government and take little interest in the political system virtually identical to the American one,
political process became operative.
• Participant • The system called for a President to be elected at
Citizens are informed and actively participate in large for a 4-year term (subject to one re-election), a
the political process bicameral Congress, and an independent Judiciary.
• Subject • After heroic Filipino resistance against overwhelming
Citizens are somewhat informed and aware of odds finally ended with the fall of Bataan and
their government and occasionally participate in Corregidor in 1942, a Japanese “republic” was
the political process established, in reality, a period of military rule by the
Japanese Imperial Army.
• A new constitution was ratified in 1943 by Filipino
Lesson 2 collaborators who were called the Kapisanan sa
The Philippine Constitution Paglilingkod ng Bagong Pilipinas (KaLiBaPi). An
active guerilla movement continued to resist the
Constitutional History Japanese occupation. The Japanese forces were
• The first constitution was born on the latter part of finally defeated by the Allies in 1944.
Spanish Colonization. Filipinos, especially the
illustrados were able to learn from the prevailing Independence to Martial Law
government of their time, both in the country and in • From the moment of independence, Filipino politics
the countries they went to study. have been plagued by the twin demons of corruption
• Nationalist sentiment began to grow among groups of and scandal. Notwithstanding, Presidents Ramon
Indios, fuelled in large measure by the writings of Magsaysay (1953-57), Carlos Garcia (1957-61), and
national hero, Jose Rizal and other illustrados. Diosdado Macapagal (1961-65) managed to stabilize
• It was set further ablaze with the execution of Rizal. the country, implement domestic reforms, diversify
• A revolution was launched against Spain and the the economy, and build Philippine ties not only to the
revolutionaries declared Philippine independence in United States but also to its Asian neighbors.
Kawit, Cavite on June 12, 1898. • Ferdinand Marcos was elected president in 1965 and
• What became known as the Malolos Congress was was reelected in 1969, the first president to be re-
convened on September 15, 1898, and the first elected. Desirous of remaining in power beyond his
Philippine Constitution, called the Malolos legal tenure, he declared martial law in 1972, just
Constitution, was approved on January 20, 1899, before the end of his second and last term, citing a
growing communist insurgency as its justification. He Pambansa), the office of Prime Minister, and
then manipulated an ongoing Constitutional provisions which gave the President legislative
Convention and caused the drafting of a new powers. Often called the "Freedom Constitution", this
constitution – the 1973 Constitution – which allowed constitution was intended as a transitional constitution
him to rule by decree until 1978 when the presidential to ensure democracy and the freedom of the people.
system of the 1935 Constitution was replaced with a The Freedom Constitution provided for an orderly
parliamentary one. transfer of power while a Constitutional Commission
• Under this new system, Marcos held on to power and was drafting a permanent constitution.
continued to govern by decree, suppressing • The Constitutional Commission was composed of
democratic institutions and restricting civil freedoms. forty-eight members appointed by Aquino from varied
In 1981, martial law was officially lifted, but Marcos backgrounds, including several former members of
continued to rule by the expedient of being “re- the House of Representatives, former justices of the
elected” in an election to a new 6-year term. He Supreme Court, a Roman Catholic bishop, and
continued to suppress the opposition and thousands political activists against the Marcos regime. The
of vocal objectors to his rule either mysteriously Commission elected Cecilia Muñoz-Palma, a former
disappeared or were incarcerated. Despite the Associate Justice of the Supreme Court, as its
economic decline, corruption allowed Marcos and his president. Several issues were of particular
wife Imelda to live extravagantly, causing resentment contention during the Commission's sessions,
domestically and criticism internationally. including the form of government to adopt, the
abolition of the death penalty, the retention of U.S.
The People’s Choice bases in Clark and Subic, and the integration of
• When opposition leader Benigno Aquino Jr. was economic policies into the constitution. Lino Brocka, a
assassinated upon returning from exile in 1983, film director and political activist who was a member
widespread outrage forced Marcos to hold “snap” of the Commission, walked out before the
elections a year early. constitution's completion, and two other delegates
• The election was marked by fraud on the part of dissented from the final draft. The Commission
Marcos and his supporters but Marcos had himself finished the final draft on October 12, 1986, and
declared the winner constitutionally, amidst presented it to Aquino on October 15. The constitution
international condemnation and nationwide domestic was ratified by a nationwide plebiscite on February 8,
protests. 1987.
• A small band of military rebels tried to mount a coup, • The constitution provided for three governmental
which failed because of its discovery, but this powers, namely the executive, legislative, and judicial
triggered what became internationally celebrated as branches. The executive branch is headed by the
the “People Power” revolution, when droves of people president and his appointed cabinet members. The
spilled out onto the streets to protect the rebels, executive, the same as the other two co-equal
eventually numbering well over a million. branches, has limited power. This is to ensure that the
• Under pressure from the United States, Marcos and country will be "safeguarded" if martial law is to be
his family fled into exile. His election opponent, declared. The president can still declare martial law,
Benigno Aquino Jr.’s widow Corazon, was installed as but it expires within 60 days and Congress can either
president on February 25, 1986. reject or extend it.
• The task of the Supreme Court is to review whether a
The 1987 Constitution declaration of martial law is just. The legislative
• Ruling by decree during the early months of her branch consists of the Senate and the House of
tenure as a president installed via the People Power Representatives. There are twenty-four senators and
Revolution, President Corazon Aquino was granted the House is composed of district representatives. It
three options: restore to 1935 Constitution, retain and also created opportunities for under-represented
make reforms to the 1973 Constitution, or pass a new sectors of the community to select their
constitution. She decided to draft a new constitution representative through the party-list system. The
and issued Proclamation No. 3 on March 25, 1986, judiciary branch comprises the Supreme Court and
abrogating many of the provisions of the 1973 the lower courts. The Supreme Court is granted the
Constitution adopted during the Marcos regime, power to hear any cases that deal with the
including the unicameral legislature (the Batasang constitutionality of the law, about a treaty or decree of
the government. It is also tasked to administrate the an administration. There are six issuances that the
function of the lower courts. President may issue.
• Through the constitution, three independent
Constitutional Commissions, namely the Civil Service Issuances according to the Administrative Code of 1987
Commission, Commission on Elections, and • Executive Orders
Commission on Audit, were created. These Acts of the President providing for rules of a
Constitutional Commissions have different functions. general or permanent character in implementation or
The constitution also paved a way for the execution of constitutional or statutory powers shall
establishment of the Office of the Ombudsman, which be promulgated in executive orders.
has the function of promoting and ensuring ethical • Administrative Orders
and lawful conduct of the government. Acts of the President which relate to
particular aspects of governmental operations in
Lesson 3 pursuance of his duties as the administrative head
The Three Branches of the Philippine Government shall be promulgated in administrative orders.
• Proclamations
Executive Branch Acts of the President fixing a date or
declaring a status or condition of public moment or
President of the Philippines interest, upon the existence of which the operation
• Article VII, Section 1, of the 1987 Constitution of a specific law or regulation is made to depend,
vests executive power on the President of the shall be promulgated in proclamations which shall
Philippines. have the force of an executive order.
• The President is the Head of State and Head of • Memorandum Orders
Government, and functions as the commander-in- Acts of the President on matters of
chief of the Armed Forces of the Philippines. As administrative detail, or of subordinate or
chief executive, the President exercises control temporary interest which only concern a particular
over all the executive departments, bureaus, and officer or government office shall be embodied in
offices. memorandum orders.
• Elected by direct vote by the people for a term of • Memorandum Circulars
six years, for only one term, and is ineligible for Acts of the President on matters relating
reelection. to internal administration, which the President
• Term starts at noon on the 30th day of June after desires to bring to the attention of all or some of
the election. the departments, agencies, bureaus, or offices of
the government, for information or compliance,
Article VII, Section 2: shall be embodied in memorandum circulars.
Qualifications of Aspiring Philippine President General or special orders
• natural-born Filipino; Acts and commands of the President in
• a registered voter; his capacity as commander-in-chief of the Armed
• must be able to read and write; Forces of the Philippines shall be issued as
• 40 years of age at the day of the election; general or special orders.
• and must have resided in the Philippines ten years
before the election is held. 3. Power over aliens
The powers the President may exercise
Power of the President over foreigners in the country are as follows:
1. Power of control over the executive branch • May have an alien in the Philippines
The President has the mandate of control deported from the country after due
over all the executive departments, bureaus, and process.
offices. This includes restructuring, reconfiguring, • May change the status of a foreigner, as
and appointments of their respective officials. prescribed by law, from a nonimmigrant
2. Ordinance power status to permanent resident status
The President of the Philippines has the without the necessity of a visa.
power to give executive issuances, which are • May choose to overrule the Board of
means to streamline the policy and programs of Commissioners of the Bureau of
Immigration before their decision • Power over ill-gotten wealth
becomes final and executory (after 30
days of the issuance of the decision). The
Board of Commissioners of the Bureau of 5. Power of Appointment
Immigration has jurisdiction over all May appoint officials of the Philippine
deportation cases. government as provided by the constitution and
• To exercise powers as recognized by the laws of the Philippines. Some of these
generally accepted principles of appointments, however, may need the approval of
international law. the Committee on Appointments (a committee
composed of members from the House of
Representatives and the Senate of the
4. Powers of eminent domain, escheat, land Philippines).
reservation, and recovery of ill-gotten wealth
Have the authority to exercise the power
of an eminent domain. The power of eminent 6. Power of general supervision over local
domains means the state has the power to seize governments
or authorize the seizure of private property for Has the mandate to supervise local governments
public use with just compensation. in the Philippines, despite their autonomous status
There are two constitutional provisions, as provided by Republic Act No. 7160 otherwise
however, that limit the exercise of such power: known as the Local Government Code of 1991.
Article III, Section 9 (1) of the Constitution
provides that no person shall be deprived of
his/her life, liberty, or property without due process 7. Other powers
of law. Furthermore, Article III, Section 9 (2),
provides that private property shall not be taken Line of Succession of Presidency
for public use without just compensation. 1. Vice President
In cases of the death, disability, or resignation of
The President may exercise the following powers: the President
• Power of eminent domain 2. Senate President
Power to direct escheat or reversion In cases of the death, disability, or resignation of
proceedings — The President shall direct the the President and Vice President
solicitor general to institute escheat or reversion 3. Speaker of the House Representative
proceedings over all lands transferred or assigned In cases of the death, disability, or resignation of
to people disqualified under the constitution to the President, Vice President, and Senate
acquire land. President
• Power to reserve lands of the public and private
domain of the government — Contrary to popular belief, the constitution doesn’t
(1) The power to reserve for settlement or public include the Chief Justice of the Supreme Court in the
use, and for specific public purposes, any of the President’s line of succession.
lands of the public domain, the use of which is not
otherwise directed by law. The reserved land shall Vice President of the Philippines
thereafter remain subject to the specific public • Elected by direct vote by the people for a term of
purpose indicated until otherwise provided by law six years, and may run for reelection once.
or proclamation. • Term starts at noon on the 30th day of June after
(2) He shall also have the power to reserve from a regular election is held.
the sale or other disposition and for specific public • The qualifications are outlined in Article VII,
uses or purposes, any land belonging to the Section 3. The qualifications for the President are
private domain of the government, or any of the the same for the Vice President. Also, the vice
friar lands, the use of which is not otherwise president may take on a cabinet portfolio in a
directed by law, and thereafter such land shall be concurrent capacity, if the President chooses.
used for the purposes specified by such
proclamation until otherwise provided by law.
Duties of the Vice President Legislative Branch
• May concurrently assume a cabinet position should
the President of the Philippines offer the former one.
The vice president will become a secretary concurrent • According to the 1987 Constitution, legislative power
with the position of vice president. shall be vested in the Congress of the Philippines,
• Mandated to assume the presidency in case of the which shall consist of a Senate and a House of
death, disability, or resignation of the incumbent Representatives.
President. • Senate shall be composed of twenty-four Senators
• Should there be a vacancy, the President is required who shall be elected at large by the qualified voters of
by the constitution to nominate a replacement with the the Philippines, as may be provided by law; the House
concurrence of the Committee on Appointments. of Representatives shall be composed of not more
than 250 (unless otherwise fixed by law), 20 percent
Cabinet Secretaries of whom must be Party-list representatives.
• The alter ego of the President executing, with his
authority, the power of the Office of the President The qualifications to become a senator, as
in their respective departments. stipulated in the constitution, are:
• The number of cabinet secretaries varies from • a natural-born citizen of the Philippines;
time to time depending on the need of an • at least thirty-five years old;
administration. • is able to read and write;
• According to the Administrative Code of 1987, the • a registered voter;
President may create or dissolve any department • and a resident of the Philippines for not less than
as he sees fit. two years before election day.
• According to Article 7, Section 16, the President
may appoint anyone to executive departments Meanwhile, the constitution provides for the following
with the consent of the Commission on criteria to become a member of the House of
Appointments. Representatives:
• An individual may not assume his post in a given • a natural-born citizen of the Philippines;
department unless confirmed by the Commission. • at least twenty-five years old;
• President may appoint anyone to cabinet posts • is able to read and write; and
even if Congress is in recess. • except for the party-list representatives, a
• However, not all are subject to confirmation of the registered voter, and a resident for at least one
Commission on Appointments. year in the district where s/he shall be elected.

Powers of a Cabinet Secretary Legislative Process


• They possess the power to issue directives relative to The Congress is responsible for making enabling
their departments, such as department orders. laws to make sure the spirit of the constitution is upheld in
However, these orders only apply to offices under a the country and, at times, amend or change the
specific department under the cabinet secretary’s constitution itself. In order to craft laws, the legislative body
jurisdiction. comes out with two main documents: bills and resolutions.
• Act as advisors to the President of the Philippines for
their areas. Resolutions
Convey principles and sentiments of the Senate or
Local Governments the House of Representatives. These resolutions can
• The executive branch extends beyond the national further be divided into three different elements:
government. • Joint resolutions
• Article X, Section 4 of the constitution, the Require the approval of both chambers of
President of the Philippines is mandated to Congress and the signature of the President, and
supervise local governments all over the country. have the force and effect of law if approved.
• However, because of Republic Act No. 7160, • Concurrent resolutions
otherwise known as the Local Government Code Used for matters affecting the operations
of 1991, local governments enjoy relative of both chambers of Congress and must be
autonomy from the national government. approved in the same form by both houses, but
are not transmitted to the President for his After approval of the bill on Second
signature and therefore have no force and effect Reading, the bill is then ordered printed in its final
of law. form, and copies of it are distributed among the
• Simple resolutions members of the House three days before its
Deal with matters entirely within the passage, except when the bill was certified by the
prerogative of one chamber of Congress are not President. A bill approved on Second Reading
referred to the President for his signature, and shall be included in the calendar of bills for Third
therefore have no force and effect of law. Reading.
6. Third Reading
Bills At this stage, only the title of the bill is
Laws in the making. They pass into law when they read. Upon the last reading of a bill, no
are approved by both houses and the President of the amendment thereto is allowed and the vote
Philippines. A bill may be vetoed by the President, but the thereon is taken immediately thereafter, and yeas
House of Representatives may overturn a presidential veto and nays entered in the journal. A member may
by garnering a 2/3rds vote. If the President does not act on abstain. As a rule, a majority of the members
a proposed law submitted by Congress, it will lapse into constituting a quorum is sufficient to pass a bill.
law after 30 days of receipt. 7. Referral to the Other House
If approved, the bill is then referred to the
Here are the various steps in the passage of a bill other House where substantially the same
as published in ph.net: procedure takes place.
1. First Reading 8. Submission to Joint Bicameral Committee
Any member of either house may present Differences, if any, between the House's
a proposed bill, signed by him, for First Reading bill and the Senate's amended version, and vice
and reference to the proper committee. During the versa are submitted to a conference committee of
First Reading, the principal author of the bill may members of both Houses for compromise. If either
propose the inclusion of additional authors House accepts the changes made by the other, no
thereof. compromise is necessary.
2. Referral to Appropriate Committee 9. Submission to the President
Immediately after the First Reading, the A bill approved on Third Reading by both
bill is referred to the proper committee or Houses shall be printed and forthwith transmitted
committees for study and consideration. If to the President for his action - approval or
disapproved in the committee, the bill dies a disapproval. If the President does not
natural death unless the House decides communicate his veto of any bill to the House
otherwise, following the submission of the report. where it originated within 30 days from receipt
3. Second Reading thereof, it shall become a law as if he signed it. Bill
If the committee reports the bill favorably, repassed by Congress over the veto of the
the bill is forwarded to the Committee on Rules so President automatically becomes a law.
that it may be calendared for deliberation on
Second Reading. At this stage, the bill is read for Except in cases of treason, breaches of the peace,
the second time in its entirely, together with the or felony, the members of both chambers of Congress are
amendments, if any, proposed by the committee, exempt from arrest during their attendance at the sessions
unless the reading is dispensed with by a majority and in going to and returning from the same. They may not
vote of the House. be questioned in any other place for any speech they
4. Debates deliver in the hall of Congress.
A general debate is then opened after the
Second Reading and amendments may be Judiciary Branch
proposed by any member of Congress. The
insertion of changes or amendments shall be done Judicial Power
in accordance with the rules of either House. The • Rests with the Supreme Court and the lower
House may either "kill" or pass the bill. courts, as established by law.
5. Printing and Distribution
• Its duty is to settle actual controversies involving • All criminal cases in which the penalty
rights that are legally demandable and imposed is reclusion Perpetua or higher;
enforceable. • All cases in which only an error or question of
• The judiciary enjoys fiscal autonomy. It is intended law is involved;
as a guarantee of separation of powers and of • Assign temporarily judges of lower courts to other
independence from political agencies which stations as public interest may require. Such
means it is free from external controls. temporary assignments shall not exceed six months
without the consent of the judge concerned.
Appointments to the Judiciary • Order a change of venue or place of trial to avoid a
By virtue of Article VIII, Section 8, appointments to miscarriage of justice. Promulgate rules concerning
the judiciary are made by the President of the Philippines the protection and enforcement of constitutional
based on a list submitted by the Judicial and Bar Council rights, pleading, practice, and procedure in all courts;
which is under the supervision of the Supreme Court. Its the admission to the practice of law, the Integrated
principal function is to screen prospective appointees to Bar; and legal assistance to the underprivileged. Such
any judicial post. It is composed of the chief justice as ex- rules shall provide a simplified and inexpensive
officio chairman, the Secretary of Justice and procedure for the speedy disposition of cases shall be
representatives of Congress as ex-officio members, and a uniform for all courts the same grade, and shall not
representative of the Integrated Bar, a professor of law, a diminish, increase or modify substantive rights. Rules
retired member of the Supreme Court, and a of procedure of special courts and quasi-judicial
representative of the private sector as members. bodies shall remain effective unless disapproved by
the Supreme Court.
The Supreme Court • Appoint all officials and employees of the Judiciary in
• Is composed of a Chief Justice and 14 associate accordance with the Civil Service Law.
justices who serve until the age of 70.
• May sit en banc or in one of its three divisions Lesson 4
composed of five members each. The Military, the Church, and the Media
• The chief justice and associate justices are
appointed by the President of the Philippines, The Church
choose from a shortlist submitted by the Judicial The Church and State usually represent the
and Bar Council. The president must fill up a relationship between religious organizations or authorities
vacancy within 90 days of occurrence. on the other hand and secular government on the other.

Supreme Court Powers Roles of the Church to the Society


• Exercise jurisdiction over cases affecting • Churches lead people to a peaceful and
ambassadors, other public ministers, and consuls, connected society.
and over petitions for certiorari, prohibition, • Churches believe that it is part of their duty to act
mandamus, quo warranto, and habeas corpus. in a moral way.
• Review, revise, reverse, modify, or affirm, on appeal • The Church's role in challenging the changes in
or certiorari, as the law or the Rules of Court may society.
provide, final judgments and orders of the lower
courts in:
• All cases in which the constitutionality or Limitations of the Church
validity of any treaty, international or 1. Churches cannot endorse or oppose political
executive agreement, law, presidential candidates
decree, proclamation, order, instruction, In a democratic country, the church plays
ordinance, or regulation is in question; a huge part in influencing people. One of the roles
• All cases involving the legality of any tax, of the church is to lead every people closer to
impost, assessment, or toll, or any penalty Christ. But the Church shouldn't use the power it
imposed in relation thereto; has, to influence other people on whom or what
• All cases in which the jurisdiction of any lower party they should vote for. However, this rule was
court is in issue; only strongly imposed for Catholic Churches and
may not be true for others.
2. Let the church be Church • Enhances politicians’ communication and
The church is pure. It is our bridge information collation faster and easier, and
towards the good news. The Church has its own reaches citizens in a more targeted manner and
roles to fulfill. While in politics, yes, the church can vice versa, without the needs of intermediate, like
give its opinion because politics is a contemporary mass media.
issue. But letting politics affect or influence a
church is a different story. The free press serves four essential purposes:
3. Making Moral Choices • Holding government leaders accountable to the
Catholics are not single-issue voters. But people.
some religious groups were known for bulk voting • Publicizing issues that need attention.
which is why some politicians cling to these • Educating citizens so they can make informed
groups for vote support. Either way, the morals of decisions.
the church help most of the citizens to decide • Connecting people with each other in civil society.
wisely especially in electing government officials.
Free Media
The Media • When free and balanced, traditional media (print
• referred to as “The Fourth Estate” with the important and broadcast) foster transparency and the
function of being the news media – “the press” – and determination of important electoral information.
serving as the eyes and ears of the public. • Provides further opportunities for participatory
• Traditional print and media reporting has been viewed citizenship. Moreover, the media provides a
over time as the way to ensure the public gets the real platform for check and balance governance.
scoop on the functioning of government and • Helps in development in political dispensation;
viewpoints of a political candidate. ensures that political activities are embraced by a
• The news media is a societal or political force or wider audience.
institution whose influence is not consistently or
officially recognized. The Military
• also known as Armed Forces
Four Major Types of Media • Is a heavily armed, highly organized force primarily
1. Traditional Media intended for warfare.
Use of traditional devices, such as talking, • Typically, officially authorized and maintained by a
drums, flutes, town criers, etc. to deliver sovereign state, with its members identifiable by their
information and communicate among the people distinct military uniform. The main task of the military
of a particular locality. is usually defined as defense of the state and its
2. Print Media interests against external armed threats.
Through hard-wares like; newspapers,
hand-bills, beam-board, pamphlet, books, Military forces in the Philippines are mainly
magazines, journals, newsletters, novels, etc. recognized as the Armed Forces of the Philippines
3. Electronic Media (Sandatahang Lakas ng Pilipinas) composed of the four (4)
Through electronic devices, such as main service branches:
television, radio, computers, microphone, • Philippine Army (Hukbong Katihan ng Pilipinas)
megaphones, etc. from one person to another • Philippine Navy (Hukbong Dagat ng Pilipinas)
person, or from one place to another place. • Philippine Marine Corps (Hukbong Kawal
4. Social Media Pandagat ng Pilipinas)
The newest approach in dissemination • Philippine Air Force (Hukbong Himpapawid ng
through an electronic social platform that makes Pilipinas)
use of searching engines like the internet, Twitter,
Youtube, Google-Chrome, Whatapp, Yahoo The Role of Military
massager, Nimbuzz, Facebook, Instagram, etc. The Armed Forces of the Philippines, as
mentioned in the Official Gazette, being the protector of the
Personal Communication people, plays a crucial role in:
• Brings politicians and parties closer to their • Preserving peace and harmony in the country; and
potential voters.
• Defending the country against terrorism and other
forms of threats, whether of civilian or military Right to Due Process and Equal Protection
nature.
• Beyond warfare, they are expected to perform Life, Liberty, and Property
duties such as: • Section 1, Article III of the Constitution states “No
• Internal security person shall be deprived of life, liberty, or property
• Population control without due process of law, nor shall any person
• Emergency services and rehabilitation be denied the equal protection of the laws.” The
provision speaks of “due process” and “equal
Civilian Control of the Military protection.”
• Is a doctrine in military and political science that • The protection covers all persons, whether
places ultimate responsibility for a country's strategic citizens or aliens, natural or juridical.
decision-making in the hands of the civilian political
leadership, rather than professional military officers. Due Process
• Often seen as a prerequisite feature of a stable liberal • Due Process of Law is a constitutional guarantee
democracy. against hasty and unsupported deprivation of
• The reverse situation, where professional military some person’s life, liberty, or property by the
officers’ control national politics, is called a military government.
dictatorship (e.g., Martial Law). • Is “the embodiment of the supporting idea of fair
• Democratic control should always be a two-way play” and its essence is that it is “a law which hears
process between armed forces and society. In a before it condemns, which proceeds upon inquiry
democracy, firm constitutional guarantees should and renders judgment only after trial.”
protect the state - including the armed forces - from • Is invoked when the act of the government is
two types of potential dangers: from politicians who arbitrary, oppressive, whimsical, or unreasonable.
have military ambitions, and from military with political It is particularly directed against the acts of the
ambitions. executive and legislative departments.

Lesson 5 Equal Protection


Bill of Rights • This means that “no person or class of persons
shall be deprived of the same protection of the
Bill of Rights laws which is enjoyed by other persons or other
• Refers to the declaration and enumeration of the classes in the same place and in like
fundamental civil and political rights of a person circumstances”.
with the primary purpose of safeguarding the • This means that “all persons or things similarly
person from violations by the government, as well situated should be treated alike, both as to rights
as by individuals and groups of individuals conferred and responsibilities imposed.”
• A safeguard not just against the abuses of the • The purpose of the guarantee is to prohibit hostile
government but also of individuals or groups of discrimination or undue favor to anyone, or giving
individuals special privilege when it is not reasonable or
justified.
Bill of Rights includes the protection of the following rights:
a. Civil rights or those rights belonging to individuals Arrests, Searches, and Seizures
by virtue of their citizenship, such as freedom to contract,
right to property, and marriage among others; Right against Unreasonable Searches and Seizures
b. Political rights which are rights pertaining to the (Section 2, Article III)
citizenship of the individual vis-à-vis the administration of • States that people have the inviolable right to be
the government, such as the right of suffrage right to hold secure in their people, houses, papers, and effects
office, and right to petition for compensation of wrong; against unreasonable searches and seizures of
c. Socio-economic rights or those which ensure the whatever nature and for any purpose, and a
well-being and economic security of an individual; and search warrant or warrant of arrest can only be
d. The rights of the accused refer to protections issued upon showing of a probable cause
given to the person of an accused in any criminal case. determined personally by the judge after
examination under oath or affirmation of the c. freedom of the press; and
complainant and the witnesses he may produce, d. freedom of assembly.
and particularly describing the place to be Nonetheless, the scope of the protection extends
searched and the persons or things to be seized. to the right to form associations or societies not contrary to
• The protection extends to all persons, aliens or law, the right to access information on matters of public
citizens, natural or juridical. concern, and freedom of religion. These are all crucial to
the advancement of beliefs and ideas and the
establishment of an “uninhibited, robust and wide-open
Right to Privacy debate in the free market of ideas.”
• “Privacy of communication and correspondence shall
be inviolable except upon lawful order of the court, or Freedom of Assembly
when public safety or order requires otherwise, as • Refers to the right to hold a rally to voice out
prescribed by law.” grievances against the government.
• To reinforce these constitutional provisions, Congress • Is not subject to prior restraint or prior issuance of
has passed laws that recognize and protect the zones a permit by government authorities. Nevertheless,
of privacy of an individual. These laws include (a) The it must be exercised in such a way that will not
Civil Code of the Philippines; (b) The Revised Penal prejudice public welfare
Code; (c) Anti-Wire Tapping Act; (d) The Secrecy of • Is reinforced by Batas Pambansa Bldg. 880 or
Bank Deposits; and (e) Intellectual Property Code. Public Assembly Acts of 1985, which basically
provides the requirements and procedure for
Anti-Wire Tapping Act holding rallies.
• R.A. 4200 or the Anti-Wire Tapping Act, as a • It also implements the observance of “maximum
reinforcement of privacy of communication, is a tolerance” towards participants of rallies
law that prohibits a person not authorized by all consistent with the clear and present danger test.
the parties to any private communication, to • Under the said law, a permit is required to hold a
wiretap or use any device to secretly overhear, rally. It must be emphasized, however, that the
intercept, record, or communicate the content of permit is not a requirement for the validity of the
the said communication to any person. assembly or rally, because the right is not subject
to prior restraint. Rather, the permit is a
Freedom of Expression requirement for the use of the public place.
• Section 4, Article III provides that “no law shall be However, a permit is not required if the rally is held
passed abridging the freedom of speech, of in a private place, on a campus of a state college
expression, or of the press, or the right of the or university, or in a freedom park, in which case
people peaceably to assemble and petition the only coordination with the police is required. If the
government for a redress of grievances.” The right application for the permit is not acted upon by the
underscores tolerance to different views and mayor within two working days, then the same is
thoughts. deemed granted.
• Is accorded the highest protection in the Bill of • A political rally during an election is regulated by
Rights since it is indispensable to the preservation the Omnibus Election Code, not by BP 880.
of liberty and democracy. Thus, religious, political,
academic, artistic, and commercial speeches are Right to Form Associations (Sec. 8, Ar. III)
protected by the constitutional guarantee. • Provides that “the right of the people, including
• However, the right is not absolute. It must be those employed in the public and private sectors,
exercised within the bounds of the law, morals, to form unions, associations, or societies for
public policy, and public order, and with due purposes not contrary to law shall not be
regard for others’ rights. Thus, obscene, libelous, abridged.”
and slanderous speeches are not protected by the • May be exercised by the employed or the
guarantee. So are seditious and fighting words unemployed and by those employed in the
that advocate imminent lawless conduct. government or in the private sector.
Freedom of expression has four aspects, to wit:
a. freedom of speech;
b. freedom of expression;
Right to Information b. Freedom to travel within and
• Provides that “the right of the people to information outside the country. A person’s place of
on matters of public concern shall be recognized. abode or domicile is his permanent
• Access to official records, and to documents and residence.
papers pertaining to official acts, transactions, or
decisions, as well as to government research data Non-Impairment of Contracts
used as the basis for policy development, shall be Contract Clause (Sec.10, Ar. III)
given to the citizen, subject to such limitations as • Provides that “no law impairing the obligation of
may be provided by law.” contracts shall be passed.”
• The right guarantees access to official records for • Seeks to restrain substantial legislative
any lawful purpose. However, access may be impairment of, or intrusion into, the obligations of
denied by the government if the information contracts.
sought involves: • What the clause guarantees are the integrity of
(a) National security matters, military, and contracts against undue interference by the
diplomatic secrets; government.
(b) Trade or industrial secrets; • For example, if a lawyer enters into a contract with
(c) Criminal matters; and a client by which the latter will pay 5% of the value
(d) Other confidential information (such as inter- of the monetary claim, a subsequent law that
government exchanges prior to consultation of deprives the lawyer of the said value is arbitrary
treaties and executive agreement, and privilege and unreasonable since it is destructive of the
speech). inviolability of contracts, and therefore invalid as
lacking due process.
Freedom of Religion
Legal Assistance and Free Access to Courts (Sec. 11, Art.
Two Aspects of Freedom of Religion III)
a. The freedom to believe, the first aspect is in the • Provides that “free access to the courts and quasi-
realm of the mind, and as such, it is absolute since judicial bodies and adequate legal assistance
the State cannot control the mind of the citizen. shall not be denied to any person by reason of
Thus, every person has the absolute right to believe poverty.”
(or not to believe) in anything whatsoever without • Free access is a right covered by the due process
any possible external restriction by the government. clause, because a person, regardless of his status
b. The freedom to act on one’s belief. The second in life, must be given an opportunity to defend
aspect is the free exercise and enjoyment of himself in the proper court or tribunal.
religious profession and worship, without Nonetheless, the right is placed in a separate
discrimination or preference, shall forever be provision to emphasize the desire for the
allowed. No religious test shall be required for the constitutional protection of the poor.
exercise of civil or political rights.” • Litigation in Forma Pauperis. In consonance with
this constitutional provision, the Rules of Court
Liberty of Abode and Right to Travel provide for litigation in forma pauperis in which
paupers and indigents, who have only their labor
Freedom of Movement (Sec.6, Ar. III) to support themselves, are given free legal
• Provides that “the liberty of abode and of changing services and access to courts.
the same within the limits prescribed by law shall
not be impaired except upon lawful order of the Rights of People Under Custodial Investigation
court. Neither shall the right to travel be impaired
except in the interest of national security, public Miranda Rights
safety, or public health, as may be provided by Section 12, Article III enumerates the rights of a
law.” person under custodial investigation for the commission of
• Freedom of movement has two aspects: an offense, to wit:
a. Freedom to choose and change a. Right to remain silent, right to have a competent
one’s domicile, and and independent counsel preferably of his own choice,
right to free legal services if he cannot afford one, and the
right to be informed of these rights. These rights cannot be there is nothing for the court to do but execute it.
waived except in writing and in the presence of counsel; Thus, during this duration, the accused can invoke
b. Right against the use of torture, force, violence, the said rights under the proper circumstances.
threat, intimidation, or any other means which vitiate his
free will. Prohibition against secret detention places, Right to be Presumed Innocent
solitary, incommunicado, or other similar forms of • The presumption of innocence is overcome by
detention; proof beyond a reasonable doubt.
c. Exclusion of any confession or admission • Proof beyond a reasonable doubt is the highest
obtained in violation of this provision or the right against quantum of evidence. Such proof requires that the
self-incrimination as evidence against him; and court is morally certain that the accused is guilty of
d. Sanctions against violators and compensation for the crime so that if there is reasonable doubt that
rehabilitation of victims. lurks in the mind of the judge, the accused must
be acquitted. When the defense creates
Right to Bail (Sec.13, Ar. III) reasonable doubt, the presumption of innocence
• Provides that “all persons, except those charged remains.
with offenses punishable by reclusion Perpetua • Why Right is Granted: “It is better to acquit a
when evidence of guilt is strong, shall, before person upon the ground of reasonable doubt even
conviction, be bailable by sufficient sureties, or be though he may, in reality, be guilty, than to inflict
released on resonance as may be provided by imprisonment on one who may be innocent”.
law. The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus is Right to Counsel
suspended. Excessive bail shall not be required.” • Based on the reason that only a lawyer has
• Bail substantial knowledge of the rules of evidence,
o Refers to the security given for the temporary and a non-lawyer, in spite of his education in life,
release of a person in custody of the law, may not be aware of the intricacies of law and
furnished by him or a bondsman, conditioned procedure. Depriving a person of such a right
upon his appearance before any court as constitutes a violation of due process.
may be required. • Included in the right is the duty of the court to
o Probational release through bail is a corollary inform the accused of his right to counsel before
to the right to be presumed innocent and a arraignment and to give counsel in case the
means of immediately obtaining liberty. accused cannot afford the services of one.
During the duration of release, the accused is • The counsel representing the accused must be
given the chance to prepare his defense, and independent and competent. A counsel who has a
thus level the playing field for the parties. divided interest between the prosecution (State)
o Those who are charged with offenses and the defense (accused) is disqualified on the
punishable by reclusion Perpetua and ground of lack of independence and conflict of
against whom evidence of guilt is strong are interest.
not allowed to bail. Under such
circumstances, there is the improbability of Right to Speedy Disposition of Cases (Sec. 16, Art. III)
appearance, and bail merely becomes an • States that “all persons shall have the right to a
instrument of evading the law. speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.”
Criminal Due Process (Sec.4(1), Ar. III) • Unlike the right to speedy trial which applies only
• These are rights of the accused “in criminal in criminal proceedings, the right to speedy
prosecutions” disposition of cases may be invoked in all cases,
• Criminal proceedings start from arraignment up to whether judicial, quasi-judicial, or administrative.
the rendition of final judgment by the court. Thus, the right to speedy disposition of cases is
Arraignment refers to that stage of the criminal broader than the right to a speedy trial.
proceeding when the information is read to the
accused to which he pleads guilty or not guilty. Right to Speedy, Impartial, and Public Trial
• The proceeding continues until a final judgment is • Based on the maxim that “justice delayed is justice
entered by the court. The judgment is final when denied.”
• Unreasonable delays may result in the prolonged • Provides that no person should be detained solely
suffering of an innocent accused or an evasion of by reason of his political beliefs and aspirations,
justice by a truly guilty person. nor should involuntary servitude in any form exist,
• It offends not just the accused but also the State, except as a punishment for a crime.
inasmuch as what is at stake is the speedy, • The first part of the provision deals with the right
inexpensive, and orderly administration of justice. not to be detained by reason solely of political
• Thus, if the prosecution unreasonably delays the beliefs and aspirations. This is essentially
criminal proceedings because of too many embodied in the freedom of expression but with
postponements and unjustifiable absences, the emphasis on the prohibition against the
accused may be acquitted on the ground of incarceration of “political prisoners.” The second
violation of the right to a speedy trial. This does part deals with the right to involuntary servitude.
not, however, mean that the court cannot grant Involuntary servitude refers to the compulsory
reasonable postponements service of another or simply modern-day slavery.
The right is based on the egalitarian principle of
Right to Meet the Witnesses Face-to-Face democracy which prescribes equality of everyone
• The right to confrontation enables the accused to in law, and on humanity which prevents
test the credibility of the witnesses. degradation of human dignity through enforced
• Is reinforced under the rules of criminal procedure labor.
by the so-called cross-examination. • Involuntary servitude may be allowed under the
• Cross-examination is conducted after the following instances:
presentation and direct examination of witnesses a. as punishment for crime;
by the opposing side. Both parties are allowed to b. in the case of personal, military, or civil service in
test the veracity of the testimonies presented by defense of the State; and
the other. c. in compliance with a return-to-work order issued
by the Department of Labor and Employment.
Writ of Habeas Corpus
• A written order issued by the court directed to a Right Against Excessive Fines and Cruel Punishments
person detaining another commanding him to (Sec. 19(1), Art. III)
produce the body of the prisoner at a designated • States that “excessive fines shall not be imposed,
time and place, with the day and because of his nor cruel, degrading or inhuman punishment
capture and detention, to do, to submit to, and to inflicted…”
receive whatever court or judge awarding the writ • A fine is excessive when it is unreasonable and
shall consider in his behalf. beyond the limits prescribed by law. The amount
• When a person is illegally confined or detained, or of the fine is said to be unreasonable if the court
when his liberty is illegally restrained, he has the does not take into consideration certain standards,
constitutional right to file a petition of habeas such as the nature of the offense, and the
corpus. Should the court find out that the person circumstances of the person punished by the fine.
is illegally confined or detained, he shall be The imposed fine may never go beyond the
immediately released from detention. statutory prescription, otherwise, it is unlawfully
excessive.
Right Against Self-Incrimination (Sec.17, Art. III)
• Provides that “no person shall be compelled to be Death Penalty (Sec. 19(2), Art. III)
a witness against himself.” • also states that “… neither shall death penalty be
• The right allows a person not to answer an imposed, unless, for compelling reasons involving
incriminating question. heinous crimes, the Congress hereafter provides
• An incriminating question is one that if answered for it. Any death penalty already imposed shall be
renders a person liable for an offense. However, it reduced to reclusion Perpetua.”
is only when the incriminating question is put to a • The present provision abolishes the death penalty,
witness stand that the right may be invoked. although with a reservation that Congress can
subsequently pass a law imposing it for
Right Against Involuntary Servitude (Sec.18, Art. III) compelling reasons involving heinous crimes.
Right Against Imprisonment for Debt (Sec. 20, Art. III) case, he can no longer be prosecuted for the same
• provides that “no person shall be imprisoned for offense or act. He can now invoke his right against
debt or non-payment of a poll tax.” double jeopardy.
• A debt, as covered by the constitutional
guarantee, refers to a contractual obligation by a Right Against Ex Post Facto Law and Bill of Attainder (Sec.
debtor to pay money to the creditor. If by reason 22, Art. III)
of poverty or lack of money a person cannot pay • Provides that “no ex post facto law or bill of
his debt, he cannot be imprisoned by reason attainder shall be enacted.”
thereof. • An ex post facto law is one which:
• The creditor only has himself to blame if he a. Makes criminal an act done
voluntarily agreed to lend money to someone who before the passage of the law which was
apparently cannot pay or whom he thought could innocent when done, and punishes such
pay but did not. Nevertheless, although the debtor an act;
cannot be imprisoned, his property may be taken b. Aggravates a crime, or makes it
or attached by the court, and then sold at public greater than it was when committed;
auction in payment of his debt to the creditor. c. Changes the punishment and
• Estafa is not covered by this constitutional inflicts a greater punishment than the law
guarantee. What is punished in estafa is not the annexed to the crime when committed;
non-payment of debt but the deceit accompanying d. Alters the legal rules of evidence,
the act of non-payment. and authorizes conviction upon less or
• A poll tax is a tax of a fixed amount imposed on different testimony than the law required
individuals residing within a specified territory, at the time of the commission of the
whether citizens or not, without regard to their offense;
property or the occupation in which they may be e. Assuming to regulate civil rights
engaged. and remedies only, in effect imposes
• As far as poll tax is concerned, non-payment is not penalty or deprivation of a right for
punished by the government in consideration of something which when done was lawful;
the plight of the poor who cannot even afford to and
pay it. Poverty could never be a reason for a f. Deprives a person accused of a
person’s imprisonment. It must be emphasized, crime of some lawful protection to which
however, that as regards other forms of taxes, he has become entitled, such as the
non-payment may be a cause of imprisonment. protection of a former conviction or
Failure to pay income taxes is considered a crime acquittal, or a proclamation of amnesty.
(tax evasion), and punishable under the law by
imprisonment. Bill of Attainder
• is “a legislative act which inflicts punishment
without trial. Its essence is the substitution of a
Right Against Double Jeopardy (Sec. 21, Art. III) legislative for a judicial determination of guilt.”
• states that “no person shall be twice put in • Two Kinds of Bill of Attainder:
jeopardy of punishment for the same offense. If an a. the bill of attainder proper which
act is punished by a law and an ordinance, involves the legislative imposition of the
conviction or acquittal under either shall constitute death penalty, and
a bar to another prosecution for the same act.” b. bill of pains and penalties which
This is more famously known as the right against involves the imposition of a lesser
double jeopardy. penalty.
• Double jeopardy means that a person is twice put • The prohibition against the bill of attainder is an
at the risk of conviction for the same act or offense. implementation of the principle of separation of
The right against double jeopardy, therefore, powers. The legislature cannot bypass the
means that a person can only be indicted or judiciary by enacting a law that punishes an act
charged once by a competent court for an offense. without the need for judicial proceedings. The
When a person, for instance, has been charged legislative department should be confined to its
with homicide and the court acquitted him of the lawmaking function; it cannot encroach on the
authority of the courts by prescribing a law that • The state as an enabler provides for the
directly adjudges guilt without judicial legal and regulatory framework and
determination. political order within which firms and
organizations can plan and act.
• The state as a resource provider
Lesson 6 facilitates by providing resources to assist
Citizenship and Governance markets and communities.
2. Private or Business Sector - Corporate
Governance Governance
• Commonly defined as the exercise of power or • serves as the engine of society.
authority by political leaders for the well-being of • An important collaborator in the economic
their country’s citizens or subjects. development of the community;
• Complex process whereby some sectors of the generates jobs and incomes for the
society wield power and enact and promulgate people in the community.
public policies which directly affect human and • Can also provide the needed resources
institutional interactions and economic and social for the government to enable it to pursue
development. big and wide-scale projects that are
• Always for the common good, as it is essential for beyond the local government’s financial
demanding respect and cooperation from the capability.
citizens and the state, also, is the proper and • In the field of information technology, the
effective utilization of resources. private sector can help the local
government in the development of
Governance and Government technologies that would help propel the
• Governance is traditionally associated with the growth and development of the economy
government. of the community.
• Governance includes three sectors: the public 3. The Civil Society
sector (state actors and institutions), the private • Consists of the complex of citizens and
sector (households and companies), and the civil groups outside government working in the
society (non-governmental organizations). public arena.
• Focuses on the role of “networks” in the • Often called as CSOs – civil society
achievement of the common good, whether these organizations and also sometimes
networks are intergovernmental, transnational, or referred to as the Third Sector.
international. • Plays an important role in the facilitation
• Governance is broader than government in that and interaction among the key players of
other sectors are included in it. local governance. It mobilizes the various
• There is a need to move from the “traditional groups or organizations in the community
hierarchical exercise of power by the government” to participate in the planning and
to the new notion of a “dispersed and relational decision-making process.
power in governance” – from the government to
governance.
• To govern should now mean to facilitate or Indicators of Good Governance
regulate, not to dominate or command. 1. Participatory;
2. Rule of Law;
Key Actors of Governance 3. Effective and Efficient;
1. The State 4. Transparent;
• The principal actor of government to 5. Responsive;
facilitate participation and provide an 6. Equitable and Inclusive;
enabling environment to other elements 7. Consensus Oriented; and
of the society. 8. Accountability
• A strong entity that recognizes the
significance and autonomy of the other
sectors without overwhelming them.
Citizenship equal footing with their husbands. This dignifies
• Relationship between an individual and a state to the Filipino woman. The Father or Mother may be
which the individual owes allegiance and in turn is a natural-born Filipino or a Filipino by
entitled to its protection. naturalization or by-election. If the child is born in
• Implies the status of freedom with accompanying a state where the rule of jus soli obtains, or the
responsibilities. child’s father or mother is an alien, it would be a
• A citizen is a person having the title of citizenship. case of dual citizenship.
He is a member of a democratic community who
enjoys full civil and political rights and is accorded Citizen by Naturalization
protection inside and outside the territory of the • Only qualified citizens can exercise the right of
State. They have certain rights, duties, and suffrage. However, there are rights limited to
responsibilities that are denied or only partially natural-born citizens.
extended to aliens and other noncitizens residing • For example, no person may be elected as
in a country. President or Vice President or member of
• The usual responsibilities of citizenship are Congress, or appointed member of the Supreme
allegiance, taxation, and military service. Court or any lower collegiate court, or member of
any of the Constitutional Commissions, or of the
Alien Central Monetary Authority, Ombudsman or his
• A citizen of a country who is residing in or passing Deputy unless he is a natural-born citizen of
through another country. They are popularly called Philippines.
“foreigners.”
• They are not given the full rights to citizenship but Naturalization
are entitled to receive protection as to their identity • The act of formally adopting a foreigner into the
or property. political body of the state and clothing him with the
rights and privilege of citizenship.
General Ways of Acquiring Citizenship • Implies the renunciation of a former nationality and
1. Involuntary Method/Natural-Born Citizen the fact of the entrance to a similar relation
• By birth, because of blood relationship or place of towards a new body politic.
birth. • An alien does not have a natural, inherent, or
• There are two principles or rules that govern vested fight to be admitted to citizenship in a state.
citizenship by birth namely: Citizenship is a matter of grace, favor, or privilege
o Jus Sanguinis which a sovereign government may confer on, or
Blood relationship is the basis for the withhold from, an alien or grant to him under such
acquisition of citizenship under this rule. conditions as it sees fit without the support of any
The children follow the citizenship of the reason whatsoever.
parents or one of them.
o Jus Soli or Jusloci
Place birth serves as the basis for Ways of Acquiring by Naturalization
acquiring citizenship under this rule. A 1. By judgment of the court.
person becomes a citizen of the state 2. By a direct act of congress.
where he is born irrespective of the 3. By administrative proceeding.
parents. This principle prevails in the
United State.
2. Voluntary Method/Naturalized Citizen Loss of Citizenship
• By naturalization, except in case of collective • Voluntarily
naturalization of the inhabitants of a territory which a. by naturalization in a foreign country
takes place when it is ceded by one state to b. by express renunciation of citizenship;
another as a result of conquest or treaty c. by subscribing to an oath of allegiance to support
the constitution and laws of a foreign country;
Citizenship by Blood Relationship d. by rendering service to, or accepting a
• In the determination of the citizenship of the child, commission in the armed forces of a foreign country
Filipino mothers are placed by the Constitution on (except under certain circumstances).
• Involuntarily restricted by law where it is conductive or could
a. by the cancellation of his certificate of lead to dual allegiance.
naturalization by the court; and • Dual citizenship refers to the possession of two
b. by having been declared by a competent authority, citizenships by an individual, that of his original
a deserter in the Philippine armed force in the time of war citizenship and that of the country where he
became a naturalized citizen.
The voluntary loss or renunciation of one’s
nationality is called expatriation. In a time of war, however, Retention and Reacquisition of Citizenship
a Filipino citizen cannot expatriate himself. Filipinos abroad may now acquire dual citizenship.
R.A. No. 9225, the “Citizenship Retention and Re-
Reacquisition of Lost Philippine Citizenship acquisition Act of 2003” (approved August 29, 2003),
1. By naturalization provide the applicant possesses declares it the policy of the State that all Philippines
none of the disqualifications provided in the citizens who become citizens of another country shall be
naturalization law. deemed not to have lost their Philippines citizenship under
2. By repatriation of deserters of the Philippines armed the conditions of the Act.
forces and women who lost their citizenship by reason • Derivative citizenship
of marriage to an alien, after the termination of their The unmarried child, whether legitimate,
marital status; and illegitimate or adopted, below 18 of age, of those
3. By a direct act of the congress of the Philippines. who re-acquired Philippines’ citizenship upon
Repatriation is affected by merely taking the effectivity of the Act, shall be deemed citizens of the
necessary oath of allegiance to the Republic of the Philippines.
Philippines and registering the same in the proper civil • Civil and political rights and liabilities
registry. Those who retain or re-acquire Philippines’
citizenship under the Act shall enjoy full civil and
Effect of Marriage of Citizens to an Alien political rights and be subject to all attendant
• A citizen of the Philippines who marries an alien liabilities and responsibilities under existing laws of
does not lose his/her Philippine citizenship even if the Philippines.
by the laws of his/her wife’s/ husband’s country,
he/she acquires her/his nationality. Duties and Obligations of Citizens
• The exception is where “by their act or omission • To be loyal to the republic
they are deemed under the law, to have • To defend the state
renounced their citizenship,” such as (under an • To contribute to the development and welfare of the
existing law) subscribing to an oath of allegiance state
to support the constitution and the laws of a • To uphold the constitution and obey the laws.
foreign country. • To cooperate with duly constituted authorities
• A Filipino Woman, who upon marriage to an alien • To exercise rights responsibly and with due regard for
acquires his citizenship, will possess two the rights of others
citizenship, Philippine citizenship and that of her • To engage in gainful work
husband. • To register and vote

Dual Allegiance of Citizens Lesson 7


• Refers to the continued allegiance of naturalized Social Movements in the Philippines
nationals to their country even after they have
acquired Filipino citizenship. It is declared inimical Social Movements
to the national interest. And congress is required • Are broad alliances of people who are connected
that it be dealt with by law. through their shared interest in social change
• Note that Section 5 prohibits is not dual citizenship • Can advocate for a particular social change, but
but dual allegiance of citizenship arises because they can also organize to oppose a social change
our laws cannot control laws of other countries on that is being advocated by another entity
citizenship. While it is not per se objectionable, the
status of dual citizenship may be regulated or
Social Movement Organization • Scope
• A formally organized component of a social A movement can be either reform or radical. A
movement reform movement advocates changing some
• It may represent only one part of a particular social norms or laws while a radical movement is
movement dedicated to changing value systems in some
fundamental way.
Anthony Giddens, a renowned sociologist, has • Type of Change
identified four areas in which social movements operate in A movement might seek change that is either
modern societies: innovative or conservative. An innovative
• democratic movements that work for political movement wants to introduce or change norms
rights and values while a conservative movement seeks
• labor movements that work for the control of the to preserve existing norms and values.
workplace • Targets
• ecological movements that are concerned with the Group-focused movements focus on influencing
environment groups or society in general; for example,
• peace movements that work toward peace attempting to change the political system from a
monarchy to a democracy. An individual-focused
Types of Social Movements movement seeks to affect individuals.
Cultural Anthropologist David F. Aberle described • Methods of Work
four types of social movements based upon two Peaceful movements utilize techniques such as
fundamental questions: nonviolent resistance and civil disobedience.
1. who is the movement attempting to Violent movements resort to violence when
change? seeking social change.
2. how much change is being advocated? • Range
Global movements, such as Communism in the
early 20th century, have transnational objectives.
Local movements are focused on local or regional
objectives such as preserving a historic building or
protecting natural habitat.

Stages of Social Movements

1. Revolutionary Movement
A specific type of social movement dedicated
to carrying out revolutionary reforms and gaining
some control of the state. If they do not aim for
exclusive control, they are not revolutionary.
2. Reformative Social Movement • Firstly, movements emerge for a variety of reasons
Advocates for minor changes instead of (and there are a number of different sociological
radical changes. For example, revolutionary theories that address these reasons).
movements can scale down their demands and • They then coalesce and develop a sense of
agree to share powers with others, becoming a coherence in terms of membership, goals, and ideals.
political party. • In the next stage, movements generally become
3. Redemptive Social Movement bureaucratized by establishing their own set of rules
Radical in scope but focused on the and procedures.
individual. • At this point, social movements can then take any
4. Alternative Social Movement number of paths, ranging from success to failure, the
At the individual level and advocate for a cooptation of leaders, repression by larger groups
minor change. (e.g., government), or even the establishment of a
movement within the mainstream.
Other categories have been used to distinguish between
types of social movements:
Resource Mobilization Approach government derives solely from the consent of the
• A theory that seeks to explain the emergence of governed.
social movements • The principal mechanism for translating that
• Emphasizes the importance of resources in social consent into governmental authority is the holding
movement development and success. Resources of free and fair elections.
are understood here to include: knowledge, • All modern democracies hold elections, but not all
money, media, labor, solidarity, legitimacy, and elections are democratic.
internal and external support from a power elite.
• Argues that social movements develop when What Are Democratic Elections?
individuals with grievances are able to mobilize “Democratic elections are not merely symbolic....
sufficient resources to take action. The emphasis They are competitive, periodic, inclusive, definitive
on resources explains why some elections in which the chief decision-makers in a
discontented/deprived individuals are able to government are selected by citizens who enjoy broad
organize while others are not. freedom to criticize government, to publish their criticism
and to present alternatives. “
Lesson 8 Jeane Kirkpatrick, former U.S. ambassador to the
Philippine Democracy and Elections United Nations

Democracy Kirkpatrick's Criteria of Democratic Election


• A government in which citizens govern • Democratic elections are competitive.
themselves. • Democratic elections are periodic.
• A political system in which absolute power resides • Democratic elections are inclusive.
with the people, who have the right either to vote • Democratic elections are definitive.
individually or to elect people to represent them • Democratic elections are not limited to selecting
and vote on their behalf in fair, competitive candidates.
elections. It literally means rule by the people.
• Derived from the Greek dēmokratiā, which was
coined from dēmos (“people”) and kratos (“rule”) Origins of Democracy and Electoral System in the
• Pure or Direct Democracy Philippines
o The power to govern lies directly in the hands
of the people, who vote individually on each When the United States colonized the Philippines
issue. in 1898 it planned to gradually grant self-determination to
o James Madison, the fourth president of the the country as the principles of democracy were imbibed
United States, wrote in The Federalist in 1787 by the population.
that a pure democracy is “a society consisting By 1917, when the US decided to institute its
of a small number of citizens, who assemble policy of ‘Filipinization’, the elite was ready to assume
and administer the government in person.” positions vacated by departing US military officers.
• Representative Form of Democracy
o People elect representatives to act and vote Philippine Commonwealth
on their behalf and in their interests. • Between 1917 and 1935, political parties were
o Commonly agreed that a democracy includes formed and most of the population was educated
two basic principles: freedom and equality. into accepting the principles of democracy, which
o Most democracies are in this form of meant having a ruling party and an opposition.
democracy. • The Nacionalista and Liberal parties, which
differed little ideologically, dominated politics, and
Election politicians switched parties to gain office.
• The formal process of selecting a person for public • Inaugurated in 1935 under a democratic
office or of accepting or rejecting a political constitution patterned after the United States
proposition by voting. bicameral system.
• The central institution of democratic
representative governments; the authority of the
Philippine Military fairly, and indeed they were alleged to have been
• Philippine Commonwealth first duty was national the fairest in Philippine electoral history.
security. • He also reformed the military with assistance from
• President Manuel Quezon procured the services the US and defeated the Huks.
of General Douglas MacArthur, who was about to • When he became president in 1953, Magsaysay
retire as US Army Chief of Staff, to establish the decided to use the military in government. He
Philippine military. appointed active-duty officers to perform a range
• They used the Swiss army as a model for the of functions in his administration.
Philippine army. • By 1954 Congressman Bengson claimed that over
• Designed in which officers were to be instructed in 122 active-duty officers were performing duties
the techniques and skills of the military and taught formally the prerogative of civilians. Justifying this
that the proper role of the military in a democracy action, the president said that he was weary of the
was one of subservience to civilian government. civilian bureaucracy as a whole.
• While the Philippine military was still being • He would have been re-elected in the presidential
developed, World War II abruptly interrupted the elections of 1957, died in a plane crash that year.
military training and education program. • Knowing Magsaysay’s attitude to the vice-
• To defend the islands, the fledgling Philippine president, Carlos Garcia, many officers who had
military was incorporated into the United States been closely associated with Magsaysay were
Armed Forces for the Far East (USAFFE) under reluctant to allow Garcia to assume the
the command of General MacArthur. presidency.
• Garcia rid the administration of officers appointed
After World War II to government by his predecessor. He was able to
• At the termination of the war, the Philippines had persuade some officers to return to the AFP;
suffered severe damage. It also had over one others retired their commissions and ran
million people claiming to be guerilla fighters and unsuccessfully for office in the 1961 congressional
thus seeking a place in the military. elections.
• Reconstruction of the Philippine economy and the • Many of the officers who had been in Magsaysay’s
reconstitution of the military became priorities of administration believed that they were more
the newly-installed government under President capable of governing than civilians.
Sergio Osmeña. • They believed that these civilians had achieved
• Independence was also granted during this their positions as a result of political patronage
period. But the country was inadequately rather than merit. That civilian politicians were
equipped to assume full sovereignty. corrupt was evident from their activities during
• The 1935 Constitution, which was adopted at elections and from the manner in which they used
independence on July 4, 1946, provided the their positions to acquire favors from businessmen
framework within which a democratic state could and the AFP.
develop. • Democracy in the Philippines, according to many
• The Constitution was supplemented by laws of these officers, benefited the elite who controlled
enacted by legislatures at the national, provincial, the political process.
and city/municipal levels of government. • Many officers believed that Philippine-style
• A centralized court system which was headed by democracy could not contribute to the economic
the Supreme Court performed the judicial function development of the country but was being abused
of the state and a career national bureaucracy for the benefit of the elite.
administered the policies of the government. • Authoritarian rule provided the means of
• Philippine democracy was threatened by the addressing the situation. But the military was
communist-inspired Hukbalahap movement. The neither united in this view nor capable of seizing
insurgents who had fought against the occupying political power.
Japanese forces resumed their fight against the
newlyinstalled administration. Abrogating Democracy
• Ramon Magsaysay used the AFP extensively to • A civilian politician, Ferdinand Marcos, was
ensure that the 1951 elections were conducted elected president in 1965.
• Concerned about the military’s political ambition • Marcos shortened the cadetship in PMA and
and believing that a closer relationship with senior modified the academy’s curriculum in the early
officers would serve his long-term interests, 1970s. Courses on democratic principles had still
Marcos retained the Defense portfolio for the first not been introduced to the Academy, but cadets
thirteen months of his administration. were taught the concept of civilian supremacy
• During this period, he reshuffled the officer corps, over the military.
promoting officers favourable to his political • AFP officers once again replaced civilians in many
agenda and retiring others less amenable. government departments, and also in private
• Marcos became the first Philippine president to be corporations which Marcos sequestered from his
re-elected in what became one of the most violent opponents.
and fraudulent elections in the country’s history. • Martial law lasted from 1972 to 1981.
Increasingly during his second term he became • The AFP was no longer the protector of the nation.
dependent on the AFP to remain in office. Instead, like a private army, it served Marcos and
• Constitutionally prevented from remaining in office his cronies.
for a third term, Marcos declared martial law in • Officers became deeply involved in politics as they
1972, with the consent of the military, under the rigged elections and suppressed the opposition
pretext of saving the country from Communist and • More concerned with government than military
Muslim insurgencies. duties, the AFP was incapable of defeating the
• “A democratic constitution does not make a growing Communist and Muslim insurgencies; by
democracy; only democratic, constitutional 1985 the Communist Party of the Philippines
behaviour that follows a long period of experience (CPP) was claiming control over most of the
and education can truly constitute democracy.” barangays (villages) in the country. The AFP was
even incapable of performing the functions of a
Marcos argued: conventional armed force in conjunction with
• that the democratic system would not allow him to American forces.
develop the ‘New Society’ • The AFP remained loyal to an authoritarian civilian
• the practice of democracy was ‘energy- leader who satisfied its corporate interests and
consuming’ and ‘time-wasting’; authoritarian rule had no intention of restoring democracy.
allowed him to make the changes he wanted • Widespread dissatisfaction among intellectuals
without having to endure democratic procedures and the middle-class finally surfaced after the
Under his self-styled constitutional 1983 assassination of popular opposition leader
authoritarianism, the institutions of democracy were Benigno Aquino.
dismantled: • Soldiers, later on, lost interest in fighting the
• Congress was disbanded insurgents, who they believed were justified in
• Political parties were declared illegal their claims, though the military resented their
• Civil and political rights were suspended ideology.
• A consensus therefore developed among the
The military was, according to the principles of senior military leadership that Marcos had to be
democracy, to remain subservient to the civilian head of replaced. These views were shared by secretary
state. But Marcos had abrogated the constitution under of defense, Juan Ponce Enrile, and AFP vice chief
which he was elected and which officers were sworn to of staff, General Fidel Ramos.
uphold. • Plans to replace Marcos by a military coup were
Having played a large part in the Magsaysay hastily abandoned when he suddenly announced
administration, where it developed its abhorrence of on television that elections were to be held in
civilian politicians, the AFP was willing to resume a role in February 1986. Surprisingly, the opposition was
government decisionmaking. able to unite against Marcos, backing the widow of
Benigno Aquino.
Martial Law • The battle to stop Marcos from cheating Aquino of
• Gave the military the opportunity to get rid of victory and the defection of elements of the AFP,
civilian politicians who they believed were self- including General Ramos, culminated in what
serving and had little respect for the majority of the became popularly known as the ‘EDSA revolution’
people. of February 1986.
• Defense Secretary Enrile and a group of reform- • Marcos’s supporters and disaffected military
minded officers who shared some of his elements joined with RAM on July 1986 to stage
frustrations with the Marcos regime the Reform the first attempted coup against Aquino.
the Armed Forces Movement (RAM). • All military establishments and courses were
• They planned to seize political power and install taught at the PMA on democracy. Debates about
an interim military-civilian council. the military’s role in a democracy were conducted
• But when the coup was discovered by Marcos, in the media as retired officers became
Enrile joined General Ramos at the armed forces columnists, arguing for and against the necessity
headquarters in Manila and they declared their for the AFP to uphold democracy under Aquino.
support for Corazon Aquino. Suddenly, democracy was an issue in the AFP.
• The accession of Aquino to the presidency, • When her term in office ended on 30 June 1992,
however, did not stop elements in the military from Aquino proudly claimed that she had achieved her
conspiring to seize political power. objective of restoring democracy to the
• RAM believed that its claims to a place in Philippines. Elections were scheduled for 11 May
government decision-making were justified 1992.
because it was responsible for assisting Aquino to • Elections were peaceful and former AFP chief of
achieve office. staff, General Ramos, was elected to the
• Enrile also believed that his role in the rebellion presidency.
against Marcos justified his having a greater role • Aquino had been confident that democracy was
in decision-making. Vice-President Salvador now firmly in place. In her valedictory state of the
Laurel shared a similar belief, having conceded nation address in June 1992 she said: ‘This is the
his presidential ambitions in the interest of Aquino glory of democracy … that its most solemn
in 1985. moment should be the peaceful transfer of
power’.
Reconstructing Democracy
• Aquino administration was anticipated that the Status of Democracy According to EIU Democracy Index
government would revive the institutions of
democracy abrogated by Marcos in 1972 Philippines
• Aquino assumed office with a provisional • 54th place in the world on the Economist
government under a provisional constitution (both Intelligence Unit's (EIU) Democracy Index for
legislative and executive power was vested in the 2019 (53rd in 2018 and 51st in 2017)
president until a new constitution was enacted). • Country's regime type was labelled as a "flawed
• With the promulgation of a new constitution on 11 democracy” that was defined to "have free and fair
February 1987, a new era dawned for democracy elections, even if there are problems (such as
in the Philippines. infringements on media freedom), basic civil
• As promised, elections for all government offices liberties are respected" with an overall score of
were held throughout the islands under the new 6.64 points.
constitution by mid-1987. • Philippine scores on following divisions:
• Educating the military (which had voted o electoral process and pluralism - 9.17
overwhelmingly to reject the constitution) to o political participation - 7.22
democratic principles, became one of the issues o civil liberties - 7.06
to be addressed by the ‘new’ AFP chief of staff, o political culture - 4.38
General Ramos. o functioning of government - 5.36.
• A Training Command was established on 10 • The Philippines, however, ranked 9th in the Asia
December 1986 to coordinate a range of and Australasia region, which has an average
programs to reform the armed forces. score of 5.67
• The principal objective of these programs was to
restore the tarnished image of the AFP, improve
morale and, under a value-formation course,
teach the military to respect human rights.
Lesson 9 economic status and Multidimensional Poverty Index (MPI)
Marginalized Groups identifies deprivations across the same 3 dimensions as
the HDI and shows the number of people who are multi-
Marginalization dimensionally poor and the number of deprivations with
• “To render or treat as marginal; to remove from the which poor households typically contend with. It can be
center or mainstream; to force (an individual, deconstructed by region, ethnicity and other groupings as
minority group, etc.) to the periphery of a dominant well as by dimension.
social group; (gen.) to belittle, depreciate, Department for International Development
discount, or dismiss.” (DFID)’s concept of marginalization is based on systematic
• Marginalized groups are ‘populations outside of exclusion of certain groups in society from opportunities
“mainstream society”’. It is being associated with that are open to others, because they are discriminated
other similar terms such as ‘vulnerable groups’, against on the basis of their race, religion, gender, caste,
‘seldom heard groups’ or ‘hard-to-reach groups. age, ethnic background, HIV or other health status,
• being associated with other similar terms such as disability, migrant status, sexual orientation, social status
‘vulnerable groups’, ‘seldom heard groups’ or or where they live or other social identity. A very common
‘hard to-reach groups. basis for marginalization is spatial exclusion disadvantage
• People belonging to marginalized groups are likely on the basis not of who you are but where you live.
to experience more and perhaps different issues
in relation to the general population. Simply put it Rights of the Marginalized Sectors
that they have different or specialized needs and • Right to dignity
concerns compared to the majority. Their issues • Right to a Just compensation and observance of rest
are a little more complex to resolve due to some periods, and holidays
restrictions brought by the nature and values of • Freedom from exploitation and harassment
their marginalized group. • Right to organize
• Right to redress grievances
Definition of Marginalized Groups by Different
Organizations: Existing Measures Protecting and Promoting the Rights
of the Marginalized Sector
United States Agency for International • Issuance of Memo Circular No. 335 which extended the
Development (USAID) defines marginalized as those who scope of the Philippine Human Rights Plan to include
are denied, or have very limited access to, privileges marginalized sectors. TESDA, DOLE, and LGU’s joint
enjoyed by the wider society. They form a marginalized effort in implementing the Training Delivery for the
class because they are perceived as deviating from the Informal Sector (TDIS) project Introduction of the work
norm, or lacking desirable traits, and therefore are improvement on small enterprise (WISE) Program which
excluded or ostracized as outsiders, because of ethnicity, aimed to assist small and medium enterprise workers,
gender, LGBT, disability, or geography. improve their working conditions and productivity.
A comprehensive list of marginalized groups, • Expansion of Social Amelioration Program (SAP) for
according to UN/UNESCO (United Nations Educational, sugar workers to cover other industries
Scientific and Cultural Organization) includes women, hard • Implementation of the program for rural employment
to reach groups such as indigenous people and ethnic through Self-Employment and Entrepreneurship
minorities, poor households, people living in informal Development (PRESEED) which provides funding for
settlements, individuals with disabilities, rural populations, livelihood projects of marginalized sector
and nomadic populations those affected by armed conflict • Strengthening of labor education program on
and HIV and AIDS, and street and working children. unorganized workers and small and medium-sized
Human Development Index (HDI) emphasizes enterprise
that people and their capabilities should be the ultimate • Establishment of cooperatives
criteria for assessing the development of a country, not • Social reform agenda
economic growth alone, while Inequality adjusted Human
Development Index (IHDI) adjusts HDI to how those Indigenous Group
achievements are distributed among its population. • Aboriginal people, or native people
Gender Inequality Index (GII) measures gender • Groups protected in international or national
inequalities in reproductive health, empowerment, and legislation as having a set of specific rights based
on their linguistic and historical ties to a particular
territory, their cultural and historical
distinctiveness from other populations.
• Certain indigenous people are vulnerable to
exploitation, marginalization, oppression, forced
assimilation, and genocide by nation states
formed from colonizing populations or by politically
dominant, different ethnic groups.

LGBTQIA+
• Describe distinct groups within the gay culture.
The early initiatives for people who were gay
focused mostly on men. So, in an attempt to draw
attention to issues specific to gay women,
"lesbian" is often listed first.
• People who are bisexual or transgender have
been traditionally left out of, or underrepresented
in, research studies and health initiatives. It is now
considered standard to include these two groups
along with gay men and lesbians.
• The term "gay" has traditionally been used to
represent a diverse group or people who are
attracted to people of the same gender or are in a
relationship with someone of the same gender. It
is important to recognize, however, that different
groups within the gay community exist, and that
the term "gay" is not all-inclusive.

Poorest of the Poor


• poverty threshold per family amounted to PHP
10,481 a month (as of 2019)
• The PSA defines the poor based on Section 3 of
Republic act 8425 of 1997 or the Social Reform or
Poverty Alleviation Act – “poor are individuals and
families whose income falls below the poverty
threshold or those who “cannot afford in a
sustained manner to provide their minimum basic
needs of food, health, education, housing and
other essential amenities of life”

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