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POS064 Lecture Notes JUL 8

The document provides an overview of key concepts in comparative politics in the Philippines, including: - Types of due process and the branches of government (executive, legislative, judicial) and their responsibilities. - The doctrine of separation of powers which establishes checks and balances among the three branches. - Requirements to run for and be elected to positions like President, Senator, and Supreme Court justice. - Key constitutional provisions related to searches and seizures, and the requisites for issuing a search warrant. - Definitions of probable cause, democratic and republican governments, and the power of judicial review.

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36 views3 pages

POS064 Lecture Notes JUL 8

The document provides an overview of key concepts in comparative politics in the Philippines, including: - Types of due process and the branches of government (executive, legislative, judicial) and their responsibilities. - The doctrine of separation of powers which establishes checks and balances among the three branches. - Requirements to run for and be elected to positions like President, Senator, and Supreme Court justice. - Key constitutional provisions related to searches and seizures, and the requisites for issuing a search warrant. - Definitions of probable cause, democratic and republican governments, and the power of judicial review.

Uploaded by

Je Fernandez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Introduction to

Comparative Politics
Day 2 – LECTURE NOTES – July 8, 2023

Due Process
 A law, which hears before it condemns, which proceeds upon inquiry, and renders judgment
only after trial.

Types of Due Process

a. Procedural Due Process


b. Substantive Due Process

Branches of the Government


A. Executive
 Responsible for implementing and enforcing laws.
 The Executive branch 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.

B. Legislative
 Responsible for creating and passing laws.
 The 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.

C. Judicial
 Responsible for interpreting laws and ensuring their constitutionality.
 The Judicial branch 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.

Doctrine of Separation of Powers


The Executive, Judiciary, and Legislative are treated as co-equals in order to make a system of
checks and balances.

 Each department of the government has exclusive cognizance of matters within its
jurisdiction, and is supreme within its own sphere.

 The principle of separation of powers and its concepts of autonomy and independence
stem from the notion that the powers of government must be divided to avoid concentration
of these powers in any one branch; the division, it is hoped, would avoid any single branch
from lording its power over the other branches or the citizenry.

 To achieve this purpose, the divided power must be wielded by co-equal branches of
government that are equally capable of independent action in exercising their respective
mandates. Lack of independence would result in the inability of one branch of government
to check the arbitrary or self-interest assertions of another or others.

Requirements to run/be elected as President


According to Article VII, Section 2 of the 1987 Constitution of the Philippines, “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.”

Page 1 of 3
Requirements to run/be elected as a Senator
According to Article VI, Section 3 of the 1987 Constitution of the Philippines, “no person shall be
a Senator unless he is a natural-born citizen of the Philippines and, on the day of the election,
is at least thirty-five years of age, able to read and write, a registered voter, and a resident
of the Philippines for not less than two years immediately preceding the day of the election.”

Requirements to become a member of the Supreme Court


According to the Judicial and Bar Council Rules; Rule II, Section 2, “members of the Supreme
Court must be at least forty (40) years of age and must have been, for fifteen (15) years or
more, judges of a lower court or engaged in the practice of law in the Philippines.”

Article III, Section 2 of the 1987 Constitution of the Philippines


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.

Requisites for the issuance of a search warrant


(1) Probable cause is present.
(2) Such probable cause must be determined personally by the judge.

(3) The judge must examine, in writing and under oath or affirmation of the complainant and the
witnesses he or she may produce.

(4) The applicant and the witnesses testify on the facts personally known to them; and

(5) The warrant specifically describes the place to be searched and the things to be seized.

Probable Cause
Probable cause is defined as 'the existence of such facts and circumstances as would excite the
belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the
person charged was guilty of the crime for which he was prosecuted.

The Philippine Government


The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.

Democratic & Republican Governments


A democratic government focuses on the participation and representation of the people through
free elections, while a republican government emphasizes the role of elected or appointed officials
who act on behalf of the citizens and are subject to the rule of law.

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Power of Judicial Review
The duty of the courts of justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality
of the Government.

Hierarchy of Courts in the Philippines

Page 3 of 3

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