State, Nation & Government
Difference
What is the difference between a Nation and State?
NATION “natio” (latin) ----------→ “set of people”
 community of a person living together bounded by common traits,
tradition, values, and possesses a common goal and destiny.
 ethno-cultural concept (community of people with same culture, customs,
religion, language)
 Common territory, race, religion, language, history, culture and political
aspirations are the elements which help the formation of a nation, yet
none of these is an absolutely essential element. The elements which go to
build a nation keep on changing.
STATE “status” (latin) ----------→ “condition”.
A State (note the capital "S") is a self-governing political entity. The term State
can be used interchangeably with country.
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A community of persons more or less numerous,
permanently occupying a definite portion of territory
independent of external control
and possessing an organized government to which a great body of
inhabitants render habitual obedience. (Garner)
The elements of the State are:
a) People -permanent group of people that live within the boundaries
of the territory
c) Government -the politic group of people who makes decisions and exercises
the authority of the state
b) Territory -a land with specifics boundaries (limits)
d) Sovereignty - supreme authority within a territory
(In the absence of even one element, a State cannot be really a STATE.)
There are Nation with
different States
There are States with
different Nations
Egypt
Arab
Nation
Saudi
Arabia
Jordan
England
United
States
United
Kingdom
Etc....
Scotland
Northern
Ireland
Wales
A nation-state is a nation which has the same borders as a State.
When a nation of people have a State or country of their own, it is called a
nation-state. Places like France, Egypt, Germany, and Japan are excellent
examples of nation-states.
Even with its multicultural society, the United States is also referred to as a
nation-state because of the shared American "culture."
There are some States which have two nations, such as Canada and
Belgium.
There are nations without States. For example, the Kurds are stateless
people.
An independent State:
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Has space or territory which has internationally recognized boundaries (boundary
disputes are OK).
Has people who live there on an ongoing basis.
Has economic activity and an organized economy. A country regulates foreign and
domestic trade and issues money.
Has the power of social engineering, such as education.
Has a transportation system for moving goods and people.
Has a government which provides public services and police power.
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Has sovereignty. No other State should have power over the country's territory.
Has external recognition. A country has been "voted into the club" by other countries.
There are currently 196 independent countries or States around the world.
Territories of countries or individual parts of a country are not countries in their
own right.
Examples of entities that are not countries include: Hong Kong, Bermuda,
Greenland, Puerto Rico, and most notably the constituent parts of the United
Kingdom. (Northern Ireland, Wales, Scotland, and England are not countries.)
A "state" (with a lower-case "s") is usually a division of a federal State (such as
the states of the United States of America)
9 Major Differences between State and Nation
1. The elements of State and Nation are different:
The STATE has four elements —population, territory, government, and sovereignty.
The elements which go to build a NATION keep on changing and there are none
absolutely essential element.
2. State is a Political Organisation while Nation is a social, cultural,
psychological, emotional and political unity:
The STATE is a political organisation which fulfills the security and welfare needs of
its people. Concerned with external human actions. It is a legal entity.
A NATION has little to do with the physical needs of the people.
3. Possession of a Definite Territory is essential for the State but not for a
Nation:
Fixed territory is the physical element of the STATE. State is a territorial entity.
But for a NATION, territory is not an essential requirement. A nation can survive even
without a fixed territory. Love of a common motherland acts as a source of unity.
For example, before 1948 the Jews were a nation even though they had no fixed territory of their own.
When, in 1948, they secured a definite and defined territory, they established the State of Israel.
4. Sovereignty is essential for State but not for Nation:
Sovereignty is the soul of the State. In the absence of sovereignty, the State loses its
existence.
It is not essential for a nation to possess sovereignty. The basic requirement of a
nation is the strong bonds of emotional unity among its people which develop due to
several common social cultural elements.
Before 1947, India was a nation but not a State because it did not have sovereignty. (State = Nation +
Sovereignty).
5. Nation can be wider than the State:
The State is limited to a fixed territory. Its boundaries can increase or decrease but
the process of change is always very complex.
However a nation may or may not remain within the bounds of a fixed territory. Nation
is a community based on common ethnicity, history and traditions and aspirations.
Obviously its boundaries can easily extend beyond the boundaries of the State. For example in a way
the French nation extends even to Belgium, Switzerland and Italy because people in these countries
belong to the same race to which the French claim to belong.
6. There can be two or more Nationalities living in one State:
There can be two or more than two nations within a single State. Before the First
World War, Austria and Hungary were one State, but two different nations. Most of the
modern states are multinational states.
7. Nation is more stable than State:
A nation is more stable than the State. When sovereignty ends, the State dies, but not
the nation. A nation can survive even without sovereignty.
For example, after their defeat in the World War II, both Germany and Japan lost their sovereign
statuses and outside powers began to control them. They ceased to exist as States. But as nations
they continued to live as nations, which after some months regained their sovereign statuses and
became sovereign independent states.
8. A State can be created while a Nation is always the result of evolution:
A State can be created with the conscious endeavors of the people. Physical
elements play an important role in the birth of a State.
For example, after the Second World War, Germany got divided into two separate states West
Germany and East Germany. But Germans remained emotionally as one nation. Ultimately in Oct.,
1990 the Germans again got united into a single state. In 1947 Pakistan was created out of India as a
separate State.
A nation is a unity of the people which emerges slowly and steadily. No special efforts
go into the making of a nation.
9. The State uses police power (force) for preserving its unity and integrity, the
Nation is bound by strong cultural and historical links:
Those who dare to disobey it are punished by the state. A nation does not have police
power or force or coercive power. It is backed by moral, emotional and spiritual
power. State is a political organisation, while the nation is a unity.
State and nation do not have the same boundaries, and yet there is a tendency for a nation
and state to be one. Most of the nations today stand organised into different states. Most of
the modern States are multinational States. The modern state is called a nation-state
because all the (nationalities) living in one state stand integrated into one nation. Unity in
diversity or more really, unity in plurality stands accepted as the guiding principle by all the
modern civilised multinational states like India, USA, Russia, China, Britain and others.
What is Government?
 is the agency that carries out the will of the people.
 Its main objective is to protect the people from both external and internal harm.
 The Government promotes the people’s desire to live in harmony among
themselves and to those in other states.
The Government may either be democratic or autocratic.
1) Democratic Government:
“It is the government of the people, by the people and for the people and shall not
perish on earth.” There are many forms of democratic government. (Lincoln A.)
2) Autocratic Government
An autocratic system of government is that the one whose power and control lodge is
in the monarch. Like that in Kingdom of Saudi Arabia, or a party like that of the
Peoples Republic of China.
What are the Different Forms of Democratic Government?
o Presidential System :
The doctrine of separation of powers among the branches of government is
observed. There is a separation of Executive, Legislative, and Judicial powers
among three branches of the government.
a) Legislative branch is authorized to make laws, alter, and repeal them through the
power vested in the Philippine Congress. This institution is divided into the Senate and
the House of Representatives.
Senates
24 senators
elected at large by the
qualified voters
House of
Representatives
not more that 250
members unless fixed
by law
elected from legislative
districs,through a
partylist system
Congress
b) Executive branch is the one that carries out laws. It is composed of the President
and the Vice President who are elected by direct popular vote and serve a term of six
years. The Constitution grants the President authority to appoint his Cabinet. These
departments form a large portion of the country’s bureaucracy.
• PRESIDENT – The President leads the country. He/she is the head of state,
leader of the national government, and Commander in Chief of all armed forces
of the Philippines. The President serves a six-year term and cannot be reelected.
• VICE PRESIDENT – The Vice President supports the President. If the President
is unable to serve, the Vice President becomes President. He/she serves a sixyear term.
• THE CABINET – Cabinet members serve as advisors to the President. They
include the Vice President and the heads of executive departments. Cabinet
members are nominated by the President and must be confirmed by the
Commission of Appointments.
c) The Judicial branch is the one that evaluates laws. It holds the power to settle
controversies involving rights that are legally demandable and enforceable.
This branch determines whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part and
instrumentality of the government. It is made up of a Supreme Court and lower
courts.
The judicial branch interprets the meaning of laws, applies laws to individual
cases, and decides if laws violate the Constitution. The judicial power shall be
vested in one Supreme Court and in such lower courts as may be established by
law.
o Parliamentary form of Government :
The King, Queen, Sultan or Emperor serves as the head of state, while the
Prime Minister serves as the head of government. There is a fusion of executive
and legislative power in the Parliament.
Forms of Government
Monarchy
 Form of government in which a single family rules from generation to generation and
traditionally passes down through a succession line related to one's bloodline and
birth order within the ruling royal family, often limited by gender.The power, or
sovereignty, is personified in a single individual.
 There are two main types of monarchy that differ based on the level of power held by
the individual or family currently in power:
a.) Absolute monarchy held great power and made all the decisions and laws of the
country and act as head of state , filling a ceremonial role with little or no power
regarding the actual governing of the country.
b.) Constitutional monarchies, is a country which has a written constitution that
sets out the rules for how the country will be governed and the rights and
responsibilities of its people and has a monarch as head of state.
The most familiar example of a monarchy is the constitutional monarchy that exists in the United
Kingdom. Queen Elizabeth II is the head of state of the U.K. as well as monarch of fifteen other
independent countries. She and the royal family have ceremonial roles but do not make up the laws that
govern the people.
Democracy
 The government is elected by the people. Everyone who is eligible to vote has a
chance to have their say over who runs the country. Therefore the power is with the
people. Citizens vote by secret ballot
 “Rule by the people”
There are two forms of democracy:
 Direct Democracy – People vote on all the issues.
 Representative Democracy – People elect representatives and give them the
power to vote on issues. Example: United States
There are two major forms of democratic governments:
1.)A parliamentary democracy is when the elected representatives meet in parliament to
make laws. Parliament has two Houses: a.House of Commons : The Political Party with the
most votes in the House of Commons chooses the Prime Minister ( the government ’ s leader
with no set length of term) b.House of Lords: Little power with most members being nobles
having inherited their titles
2.)Presidential Democracy is when voters elect legislators Voters elect (indirectly) the
president. Therefore, in the presidential system voters have a more direct say about those
who serve in two branches of the government : Legislative Executive
Oligarchy
 A government where decisions are made by a group known as the "elite"
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(intelligence/race/money).
Oligarchies are governments in which a collection of individuals rules over a nation.
A specific set of qualities, such as wealth, heredity, and race, are used to give a small
group of people power. (supported by the wealth,social status or military)
Oligarchies often have authoritative rulers and an absence of democratic practices or
individual rights.
A government in which a few people such as a dominant clan or clique have power.
Elections may be held but offer only one candidate. Examples: Greek city states
A few examples of modern oligarchies are Russia, China, Iran, and perhaps the United
States.
Authoritarianism
 is a form of government characterized by the rejection of political plurality, the use of a
strong central power to preserve the political status quo, and reductions in the rule of
law, separation of powers, and democratic voting.
 A government who is more concerned with having people obey laws than in people
having some freedom is an example of an authoritarian government
 A dictator is an example of an authoritarian.
 An example is Ethiopia under Haile Selassie.
Totalitarianism
 is an authoritarian form of government in which the ruling party recognizes no
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limitations whatsoever on its power, including in its citizens' lives or rights.
A single figure often holds power and maintains authority through widespread
surveillance, control over mass media, intimidating demonstrations of paramilitary or
police power, and suppression of protest, activism, or political opposition.
This is a country with only one political party. People are forced to do what the
government tells them and may also be prevented from leaving the country.
In a totalitarian society the government holds absolute control over all areas of the
lives of its people.
A set of beliefs is imposed on its people, who must conform or face unpleasant
consequences.
This form of government came into existence during the the 1920s when the fascist
governments of Italy and Nazi Germany came into power.
Republic
A government where people choose other people to make decisions for us. A republic is a
country that has no monarch. The head of the country is usually an elected president.
Communism
 is a centralized form of government led by a single party that is often authoritarian in
its rule. Inspired by German philosopher Karl Marx, communist states replace private
property and a profit-based economy with public ownership and communal control of
economic production, such as labor, capital goods, and natural resources.
 Citizens are part of a classless society that distributes goods and services as needed.
 A government where people are all "equal".
 Example: China, Cuba, Laos and Vietnam.
Autocracy
 refers to a government form in which a small, elite ruling class — the aristocrats —
 have power over those in lower socioeconomic strata.
 Members of the aristocracy are usually chosen based on their education, upbringing,
and genetic or family history. Aristocracies often connect wealth and ethnicity with
both the ability and right to rule.
 A government where one person makes all the rules.
 Autocracy Government by a single person having unlimited power; despotism
(domination through threat of punishment and violence) .
There are three types of Autocracy.
#1 Dictatorship - The leader has not been elected and uses force to control all aspects
of social and economic life. Examples: Adolf Hitler in Germany and Joseph Stalin in the
Soviet Union
#2 Absolute Monarchy- A monarchy has a king, queen, emperor or empress. The
power is usually inherited or passed down from family members. The monarch has
absolute power meaning they can make all decisions without consulting anyone.
#3 Constitutional Monarchy - Kings, queens or emperors share power with elected
legislatures. Generally the Kings are nothing more than figureheads. The government
is a democratic one that limits the monarchs power. Example: Great Britain
Theocracy
 refers to a form of government in which a specific religious ideology determines the
leadership, laws, and customs. In many instances, there is little to no distinction
between scriptural laws and legal codes. Likewise, religious clergy will typically
occupy leadership roles, sometimes including the highest office in the nation.
 A government where laws are made by god, but interpreted by a religious figure.
 Contemporary examples of theocracies include Saudi Arabia, Iran, and the Vatican.
Fascism
 A government where the nation comes before the individual.
 Most of the power is focused on the government, and usually one leader. Strict laws
and punishments exist to keep.
 usually headed by a dictator.
 It involves total government control of political, economic, cultural, religious, and
social activities. Some industries may be owned by individuals, but under government
control. This form of government involves extreme patriotism, warlike policies and
extreme discrimination against minority groups.
 Two prominent examples: Italy and Germany
Colonialism
 is a form of government in which a nation extends its sovereignty over other
territories. In other words, it involves the expansion of a nation's rule beyond its
borders.
 Colonialism often leads to ruling over indigenous populations and exploiting
resources. The colonizer typically installs its economy, culture, religious order, and
government form to strengthen its authority.
Dictatorship
 A country ruled by a single leader. The leader has not been elected and may use force
to keep control. In a military dictatorship, the army is in control.
 one person, called a Dictator, has absolute power.
 This differs from totalitarianism in that it is less controlling and not marked by a rigid
set of beliefs.
 Sometimes a country run by a dictatorship may be called a republic. Such republics
have only one political party and the dictator makes most government policies and
decisions.
 To remain in power, dictators must continue to use force or threats and suppress the
peoples’freedom.
Anarchy
 Anarchy is a situation where there is no government. This can happen after a civil war
in a country, when a government has been destroyed and rival groups are fighting to
take its place.
 Anarchists are people who believe that government is a bad thing in that it stops
people organizing their own lives.
 The word a narchy comes from the ancient Greek meaning ‘absence of leader’, or
without rulers.
 In an anarchical society there is a state of lawlessness or political disorder because
there is no governmental authority.
Capitalist
 In a capitalist or free-market country, people can own their own businesses and
property. People can also buy services for private use, such as healthcare. But most
capitalist governments also provide their own education, health and welfare services.
 United States, the U.K., and Germany are examples of modern capitalist countries.
Revolutionary
 A government where people choose other people to make decisions for them.
 If a government is overthrown by force, the new ruling group is sometimes called a
revolutionary government.
Socialism
 is an economic and political system where the workers own the means of production (i.
e. farms, factories, tools, and raw materials.) ... Socialists believe that everything in
society is made by the cooperative efforts of the people and citizens.
 The former Soviet Union is an example of a socialist system. ... Cuba is an example of a
socialist nation. Its economy is state-run, and it lacks a stock exchange. Healthcare
and education are all completely managed and administered by the government.
Federalism
 is a system of government in which the same territory is controlled by two levels of
government. ... Both the national government and the smaller political subdivisions
have the power to make laws and both have a certain level of autonomy from each
other.
 mixed or compound mode of government that combines a general government (the
central or "federal" government) with regional governments (provincial, state,
cantonal, territorial or other sub-unit governments) in a single political system.
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE IV
Citizenship
 Citizenship is a term denoting membership of a citizen in a political society,
which membership implies, reciprocally, a duty of allegiance on the part of the
member and duty of protection on the part of the State.
Citizen
 Citizen is a person having the title of citizenship.
 He is the member of a democratic community who enjoy full civil and political
rights, and is accorded protection inside and outside the territory of the State.
 In Monarchial State, He is often called Subject.
“Citizenship” and “citizen” do not exactly mean the same as “Nationality “and “national.”
 The national of a State include not only its citizens who enjoy full civil and political
privileges but also all others who are not its citizens, but because they owe allegiance
to it, are not regarded as aliens,
 While all citizen are nationals of a State, not all nationals are citizens of a state.
Alien
 is a citizen of a country who is residing in or passing through another country.
he is a popularly called “foreigner”. He is not given the full rights to citizenship
but is entitled to received protection as to his person or property.
General ways of Acquiring Citizenship
a.) Involuntary method.
 by birth,
 because of blood relationship
 or place of birth.
b.) Voluntary Method.
 by naturalization, except in case of collective naturalization of the inhabitants of
a territory which takes place when it is ceded by one state to another as a result
of a conquest or treaty.
Who are classified as Philippine citizens?
Under the 1987 Philippine Constitution, Article IV, Section 1, it states that:
Section 1The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
4. Those who are naturalized in accordance of law
What are the modes in acquiring Philippine citizenship?
There are two (2) generally recognized forms of acquiring Philippine citizenship:
1. Filipino by birth
 Jus soli or loci (right of soil) which is the legal principle that a person’s
nationality at birth is determined by the place of birth (e.g. the territory of
a given state)
 Jus sanguinis (right of blood) which is the legal principle that, at birth, an
individual acquires the nationality of his/her natural parent/s. The
Philippine adheres to this principle.
2. Filipino by naturalization
 which is the judicial act of adopting a foreigner and clothing him with the
privileges of a native-born citizen. It implies the renunciation of a former
nationality and the fact of entrance into a similar relation towards a new
body politic (2Am.Jur.561,par.188).
Distinction between Natural-Born Citizen and Naturalized Citizen
Natural-Born Citizen
A natural-born citizen is one who is already a citizen of the state at the time of birth.
He does not perform an act to acquire or perfect his citizenship.
Naturalized Citizen
A naturalized citizen is one who is a citizen of one country and who through an
intervening act which is naturalization, becomes a citizen of another country.
SECTION 2.
Natural-born citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship. Those who
elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be
deemed natural-born citizens.
SECTION 3.
Philippine citizenship may be lost or reacquired in the manner provided by law.
Loss of citizenship : Voluntary , Involuntary
SECTION 4.
Citizens of the Philippines who marry aliens shall retain their citizenship, unless by
their act or omission they are deemed, under the law, to have renounced it.
SECTION 5.
Dual allegiance of citizens is inimical to the national interest and shall be dealt with by
law.
Loss and Reacquisition of Philippine Citizenship
(Sec. 3, Article IV of the Philippine Constitution)
a. Expatriation- an act when a citizen gives up or loses his citizenship.
b. Repatriation- an act of reacquiring or returning to one’s original citizenship
(Nebres, 2007)
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE V
Suffrage
• is the right and obligation to vote of qualified citizens in the election of certain
national and local officers of the government and in the decision of public questions
submitted to the people.
• It is not all absolute needless to say that it is an enjoyment of all other rights.
SCOPE OF SUFFRAGE
 Election – means by which people choose their officials for definite and fixed periods
and to whom they entrust, for the time being as their representatives, the exercise of
powers of government.
 Plebiscite – the vote of the people expressing their choice for or against a proposed
law or enactment submitted to them
 Referendum – the submission of a law by the national or local legislative to the voting
citizens of a country for their ratification.
 Initiative – the process whereby the people directly propose and enact laws
 Recall – method by which a public officer may be removed from office during his
tenure or before the expiration of his term by a vote of the people after registration of a
petition signed by a required percentage of voters.
TYPES OF SUFFRAGE
 Universal Suffrage – where it exists, the right to vote is not restricted by sex, race,
social status, education level or wealth.
 Woman Suffrage – it is the right of women to vote on the same terms as men.
 Equal Suffrage – it may be sometimes confused with Universal Suffrage, although the
meaning of the former is the removal of graded votes, wherein a voter could possess a
number of votes in accordance with income, wealth of social status
 Census Suffrage – aka “censitary suffrage”, the opposite of Equal Suffrage, meaning
that the votes cast by those eligible to vote are not equal but are weighed differently
according to the person’s rank in the census
 Compulsory Suffrage – those who are eligible to vote are required by law to do so
 Business Vote – in local government in England and some of its ex-colonies,
businesses formerly had, and in some places still have, a vote in the urban area in
which they paid rates. This is an extension of the historical property-based franchise
from natural persons to other legal persons.
ELECTION
 It is the principal means by which the citizens of the country vote and select
certain officials to represent them in the administration of the government. It
may be local or national.
 An election is a formal decision-making process by which a population chooses
an individual to hold public office.
 Elections have been the usual mechanism by which modern representative
democracy has operated since the 17th century
TYPES OF ELECTION
 General Election – are those held for the purpose of electing national and local
officials simultaneously
 National Elections – are those conducted to elect the President, Vice President
and members of Congress
 Local Elections – those held for purpose of selecting officials in the region,
provinces, cities and municipalities
 Special Elections – held on a date different from that of regular elections.
VOTING
VOTERS
Republic Act 8189 “Voters Registration Act of 1996”
 A citizen, in order to be qualified to exercise his right to vote, in addition to the
minimum requirements set by fundamental charte is obliged by law to register.
QUALIFICATION
 Every citizen 18 years old or above on Election Day
 A resident of the Philippines for at least a year and for at least 6 months on the place
he is registering
 Not otherwise disqualified by law, may vote
 In order to actually vote, a citizen has to register
 The COMELEC has a registration period for several months prior to election
ABSENTEE VOTERS
Absentee voters are divided into two types: the local absentee voters and the overseas
absentee voters.
 Local absentee voters include people who are working during Election Day like
soldiers, policemen, government employees and the like.
 Overseas absentee voters refer to Filipinos residing abroad. They are eligible to vote
on national positions only. Overseas absentee voters may vote in Philippine embassies
and consulates, and voting begins as early as a 4 months prior to the election.
 The voting can be as long as 6 months in very few situations.
PROCESS
 Once a registered voter finds his/her name I the voters’s list and locates the correct
precinct he may queue in line for the distribution of the ballot.
 Voters have to write the names of the candidates next to the positions in which they
are running.
 COMELEC-approved nicknames maybe used by the voters in writing the names. After
the polling period ends, the Board of Election Inspectors counts the ballots by hand.
 The election returns will now be sent to the city or municipal Board of Canvassers,
political parties and other group
Declaration of Policy. - It is the policy of the State to ensure that all qualified voters, including
persons deprived of liberty found in jails, prisons and other detention facilities, are provided
with access to exercise their right to suffrage.
RULES
 Elections on Campaign Period – campaign period for the President, Vice President and
Senators is 90 days before the day of election and 45 days before the day of election
for members of the House of Representatives
 Nomination and Selection of Official Candidates – even the period for political
conventions for the purpose of forming political parties and nominating official is fixed
by legislation
 Filing of Certificate of Candidacy – the certificate of an individual running for national
elections is required to be filed a the main office of the COMELEC not later than the day
prior to the beginning to the campaign period.
 Precincts and Polling Places – every barangay is required to have at least one election
precinct, with each precinct having not more than 300 votes.
 Registration of Voters – it is held on the 15th Saturday prior to the day of election for
those who are to reach 18 years or before the day of election and for those qualifies to
cast their vote but not included in the list of voters.
 Common Poster Area – the COMELEC is empowered to designate common poster
areas in the barangay where candidates can post their election propaganda
announcing their candidacy
 Official Watchers – every political party and candidate is entitled to one watcher in
every polling place and canvassing center.
 Board of Election Inspectors – is constituted by a chairmain and two members who
are permanent public school teachers.
 Board of Canvassers – in every province, city and municipality, a board of canvassers
are constituted and is composed of provincial election supervisor
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE III
BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or
things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not
be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except
in the interest of national security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty.
Section 12. (1) Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent counsel preferably
of his own choice. If the person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall
be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released
on recognizance as may be provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved,
and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause
of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the
party shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be
dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Checks and Balances
The Constitution divided the Government into three branches: legislative, executive, and judicial.
That was an important decision because it gave specific powers to each branch and set up
something called checks and balances. Just like the phrase sounds, the point of checks and
balances was to make sure no one branch would be able to control too much power, and it created a
separation of powers. Here are some examples of how the different branches work together:

The legislative branch makes laws, but the President in the executive branch can veto those
laws with a Presidential Veto.

The legislative branch makes laws, but the judicial branch can declare those laws
unconstitutional.

The executive branch, through the Federal agencies, has responsibility for day-to-day
enforcement and administration of Federal laws. These Federal departments and agencies
have missions and responsibilities that vary widely, from environmental protection to
protecting the Nation’s borders.

The President in the executive branch can veto a law, but the legislative branch can override
that veto with enough votes.

The legislative branch has the power to approve Presidential nominations, control the budget,
and can impeach the President and remove him or her from office.

The executive branch can declare Executive Orders, which are like proclamations that carry
the force of law, but the judicial branch can declare those acts unconstitutional.

The judicial branch interprets laws, but the President nominates Supreme Court justices,
court of appeals judges, and district court judges who make the evaluations.

The judicial branch interprets laws, but the Senate in the legislative branch confirms the
President’s nominations for judicial positions, and Congress can impeach any of those judges
and remove them from office.
What is President's veto power?

The power of the President to refuse to approve a bill or joint resolution and thus
prevent its enactment into law is the veto. The president has ten days (excluding
Sundays) to sign a bill passed by Congress
The Legislative Branch
According to the 1987 Constitution, legislative power shall be vested in the Congress of the
Philippines, which shall consist of a Senate and a House of Representatives.
Legislative process
Congress is responsible for making enabling laws to make sure the spirit of the constitution is upheld
in the country and, at times, amend or change the constitution itself. In order to craft laws, the
legislative body comes out with two main documents: bills and resolutions.
The qualifications to become a senator, as stipulated in the constitution, are:
1.
2.
3.
4.
5.
a natural-born citizen of the Philippines;
at least thirty-five years old;
is able to read and write
a registered voter; and
a resident of the Philippines for not less than two years before election day.
Meanwhile, the constitution provides for the following criteria to become a member of the House of
Representatives:
1.
2.
3.
4.
a natural-born citizen of the Philippines;
at least twenty-five years old;
is able to read and write; and
except the party-list representatives, a registered voter and a resident for at least one year in
the district where s/he shall be elected.
Resolutions convey principles and sentiments of the Senate or the House of Representatives. These
resolutions can further be divided into three different elements:

joint resolutions — require the approval of both chambers of Congress and the signature of the
President, and have the force and effect of a law if approved.

concurrent resolutions — used for matters affecting the operations of both chambers of
Congress and must be approved in the same form by both houses, but are not transmitted to
the President for his signature and therefore have no force and effect of a law.

simple resolutions — deal with matters entirely within the prerogative of one chamber of
Congress, are not referred to the President for his signature, and therefore have no force and
effect of a law.
Bills are laws in the making. They pass into law when they are approved by both houses and the
President of the Philippines. A bill may be vetoed by the President, but the House of Representatives
may overturn a presidential veto by garnering a 2/3rds vote. If the President does not act on a
proposed law submitted by Congress, it will lapse into law after 30 days of receipt.
The Lawmaking Process in the Philippines
1. The bill is prepared.
2. The House of Representatives has its first reading.
3. A Committee Consideration/Action session is held.
4. The House of Representatives has its second reading.
5. The House of Representatives has its third reading.
6. The approved bill is transmitted to the Senate.
7. A conference committee is assembled.
8. The bill is transmitted to the President of the Philippines to be signed and passed.
The approved bill, signed by the Speaker of the House of Representatives and the President of the
Senate and certified by the Secretary General of the House of Representatives and the Secretary of
the Senate, is transmitted to the Office of the President. The President has three options on what to
do with the bill:

Sign and pass the bill: The bill is assigned with a Republic Act number and becomes a law.

Veto the bill: By refusing to sign, the bill is sent back to the House of Representatives, along
with the reasons for the veto. If both houses of Congress decide that the bill or any of its
vetoed provisions should still become a law, they will separately hold a vote. If two-thirds (2/3)
of the members of both houses voted for support of the bill, the President’s veto is overridden.
Therefore, the bill becomes a law.

Pocket veto the bill:The President may do nothing with the bill. However, even with the inaction
of the chief executive, the bill automatically becomes a law after thirty days (while Congress is
still in session).
Difference between bills and statue
A Bill is a draft law.A bill is proposed legislation under consideration by a legislature. A bill does not
become law until it is passed by the legislature and, in most cases, approved by the executive. Once
a bill has been enacted into law, it is called an act of the legislature, or a statute.
Statutes are federal or state written laws (or "acts") enacted by the Congress or state legislatures. A
bill is a legislative proposal for enactment of a law. A bill becomes a law (statute) after it is passed
and signed.
Qualification for President:
ARTICLE VII Executive Department Section 2. No person may be elected President unless he is a
natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years
of age on the day of the election, and a resident of the Philippines for at least ten years immediately
preceding such election.
Section 4. The President and the Vice-President shall be elected by direct vote of the people for a
term of six years which shall begin at noon on the thirtieth day of June next following the day of the
election and shall end at noon of the same date, six years thereafter.
The President shall not be eligible for any re-election. No person who has succeeded as President
and has served as such for more than four years shall be qualified for election to the same office at
any time.
No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption in the continuity of the service
for the full term for which he was elected.
Succession
If neither a president nor a vice president had been chosen or had qualified, or if both had died or had
become permanently disabled, the president of the Senate or, in case of their inability, the speaker of
the House of Representatives, will act as president until a president or a vice president is chosen and
qualifies.
LAWS
Comprehensive agrarian reform program law of 1988 which was signed by Corazon Aquino
was also known as R.S. 6657
The Revised Penal Code Act 3815 ;
Civil Code of the Philippines RA 386
Anti-Trafficking in Persons Act of 2003 RA 9208 ; The Anti-Rape Act of 1997
National Cultural Heritage Act of 2009 RA 10066 ;The Cybercrime Prevention Act of 2012 RA 10175
The Responsible Parenthood and Reproductive Health Act of 2012 RA 10354
The Enhanced Basic Education Act of 2013 RA 10533
Anti-Terrorism Act of 2020 RA 11479
Bayanihan to Recover as One Act of 2020 RA 11494
SOLO PARENTS' WLEFARE ACT OF 2000 REPUBLIC ACT NO. 8972
MAGNA CARTA FOR DISABLED PERSONS REPUBLIC ACT NO. 7277
INDEGENOUS PEOPLES RIGHTS ACT OF 1997 REPUBLIC ACT NO. 8371
Republic Act No. 8293
Intellectual Property Code