LAW
A body of rules of action or conduct prescribed by a controlling authority, and having binding
legal force, which must be obeyed and followed by citizens subject to sanctions or legal
consequence
: State law
: Promulgated by a legitimate authority: Bicameral Congress
: Obligatory: Binding force for citizens, proximity in case of Criminal Law
: Common observance and benefits
1987 Philippine Constitution
: Doctrine of Constitutional Supremacy
: the highest law of the land; all laws must abide by and not contradict the ideals and provisions
of the Constitution
: 18 articles
: may be amended or revised (requires ratification)
: reaction to Marcos’ regime
: 1986 Transitory or Freedom Constitution
: ratified by the people
Regular Law
: law-making process
: proposed bills by legislators of the chambers to acts
: three reading rule
: bicameral conference committee: when there is a possible duplication of laws, articulate for
both houses
Human Rights
: Inherent and inalienable
: Not granted or revoked by any state
: fundamental to those which make life worth living
: everyone is entitled without discrimination
1. Universal: enjoyed by everyone regardless of their circumstances
2. Inalienable: cannot be taken away except in certain situations and in accordance with due
process
3. Indivisible and Interdependent: interplay among civil and political, economic, social and
cultural rights
4. Equal and Non-Discriminatory: everyone is equal in dignity; hence, free from
discrimination
Duty of States
: Respect: must not interfere or curtail
: Protect: must protect against human rights abuses
: Fulfill: must take positive action to facilitate the full enjoyment of basic human rights
Positive Freedoms: freedoms to assert one’s agency and free will (e.g., freedom of movement,
freedom of belief and religion, freedom of opinion and information)
Negative Freedoms: freedoms from external restraint on one’s agency and free will (e.g.,
freedom from slavery, freedom from exile, freedom from arbitrary arrest and exile)
Civil and Political Rights: (e.g., right to life, liberty, and personal security; right to fair public
hearing; right to presumption of innocence)
Economic, Social, and Cultural Rights: (right to desirable work and join trade unions; right to
social security; right to participate in the cultural life of a community)
Documents on Human Rights
: Universal Declaration of Human Rights
: International Convention on Civil and Political Rights
: International Convention on Economic, Social, and Cultural Rights
: Various Conventions
: Philippine Bill of Rights
: Other Articles of the Constitution
: Other Philippine Laws
The Government and Its Inherent Powers
1. Police Power
2. Eminent Domain
3. Taxation
Legislative Department (Article VI)
Function: To enact laws
The Philippine Congress: bicameral
: House of Senate: 24 senators; at most 2 consecutive terms; six years per term
: House of Representatives: 300+ representatives; at most 3 consecutive terms; 3 years per term
a. District Representatives (80%): elected by their respective congressional districts
b. Party-List Representatives (20%): elected at large; representing underrepresented sectors
Executive Department (Article VII)
Function: To enforce or implement laws
Executive Department: President (no re-election; 6-year term); Vice President (may be re-elected
once; 6-year term); and Cabinet members (presidential appointees and department secretaries)
Alter ego doctrine: the Cabinet Secretaries are alter egos of the President; hence, their actions are
presumed to be those of the latter
The President has immunity from suits.
Judicial Department (Article VIII)
Function: To interpret the law
Judiciary: SC Justices (15) led by the CJ, Court of Appeals, Sandiganbayan, Court of Tax
Appeals, RTCs, and MTCs
