Lesson 1: Nationalism and the

Philippine Constitution-2
 
What does it mean to be Makabayan? 
This is also known as nationalism; defined as the attitude that the members
of a nation show when they care about their national identity;  it also
includes the actions that the members of a nation take when seeking to
achieve (or sustain) self-determination.
 It is also referred to as a firm sense of community and shared fate,
capacity to feel compassion for countrymen.
Ang Bayan kong Pilipinas (Links to an external site.) is one of the most
patriotic songs that we treasure as a Nation. It was written in Spanish by
Jose Alejandrino, a revolutionary general. Translated into a Tagalog poem
by Jose Corazon de Jesus during 1929. It was put into music by
Constancio de Guzman and well-liked as a protest song during the struggle
of the Filipinos in the time of Marcos dictatorship. People with courage sing
it at the 1983 funeral of Senator Benigno Aquino Jr.
This song reflects the love for our country known as being Maka-Bayan.
Also known as nationalism; defined as the attitude that the members of a
nation show when they care about their national identity;  it also includes
the actions that the members of a nation take when seeking to achieve (or
sustain) self-determination.
It is also referred to as a firm sense of community and shared fate, a
capacity to feel compassion and love for countrymen.
After more than 300 years of being under Spanish rule, the Philippines was
sold to the United States during the Treaty of Paris. Heneral Luna is
insisting on fighting for our freedom, but most of the cabinet during the
meeting prefer to compromise with America. These are some of the
popular statements that Heneral Luna mentioned:
“Walang pupuntahan ito, habang nagtatalo tayo dito lalo lang lumalakas
ang ang mga Amerikano”
 “Walang umiiral na mag-isa, Joven. Lahat ng mga nauna sa atin, iniaalay
nila ang buhay nila para sa kalayaan.”
“walang puwang ang bulag sa gabinete na ito”
"Negosyo o kalayaan? Bayan o sarili? Pumili ka."
“Paano ninyo masisikmurang mag-usap tungkol sa negosyo kung mga
alipin tayo sa sarili nating bayan?”
In the end, Heneral Luna was assassinated by a group of Filipino soldiers
in Cabanatuan, Nueva Ecija.
 

Like Heneral Luna, many from our present generation also express their
being makabayan like Atty. Carlo Africa of Legal Network for Truthful
Elections or LENTE,  always hopes to strengthen the country’s electoral
process by empowering voters of their rights and lobbying electoral
reforms. Teacher Placer Eduarte, vividly recalls the bad and good
experiences she had in almost 30 years of serving the elections. And
Rolando Paed is always present in every election. He shares why he
always wants to take this chance to do volunteer work.

M4L4: While Task-2

AmBisyon Natin 2040 (Links to an external site.) is representing the
collective long-term vision and aspirations of the Filipino people for
themselves and for the country in the next 19 years. It describes the kind of
life that people want to live, and how the country will be by 2040. As such, it
is an anchor for development planning across at least four administrations.
Ambisyon means longingness, desire, or dreams. We have different
dreams as individuals as Filipino. Maybe our dreams as a student are to
finish education, but in order for us to achieve this, we need to study hard,
based on the right planning and put it into action.  
Ambisyon 2040 is rooted in the right program policy guided by our
Constitution.
 
Constitution defined (Links to an external site.)…
This refers to the body of RULES AND PRINCIPLES in accordance with
which the powers of sovereignty are regularly exercised (1986 Philippine
Constitution).
It is a WRITTEN INSTRUMENT by which the fundamental powers of the
government are established, limited, and defined and by which these
powers are distributed among the several departments or branches for their
safe and useful exercise for the benefit of the people.
It is also the rules and principles which PROVIDE DIRECTION as to the
manner of expressing one’s authority or right as a citizen.
 
THE PURPOSE AND FUNCTION OF THE CONSTITUTIONS:

1. The Constitution serves as the FUNDAMENTAL LAW since IT

SPEAKS IN BEHALF OF THE ENTIRE PEOPLE, represents the will of
the people to which it derives its claim to obedience
2. The Constitutions establishes the BASIC FRAMEWORK AND
UNDERLYING PRINCIPLES OF THE GOVERNMENT AND ASSIGNS
TO THE DIFFERENT DEPARTMENTS OR BRANCHES, their
respective powers and duties, and establishes certain basic principles
on which the government is founded.
3. The constitution EMPOWER THE STATE because it is the document
that formalizes the jurisdiction of the state over our territory and
establishes the government that will effectively exercise that jurisdiction.
4. The constitution GEARS THE GOVERNMENT TOWARDS SOCIAL
ECONOMIC DEVELOPMENT through the elimination of socio-economic
inequities in order to achieve progress, national unity, and social justice.

 
CONCEPT OF A BILL OF RIGHTS:

1. A DECLARATION AND ENUMERATION OF A PERSON’S RIGHTS

AND PRIVILEGES  which the Constitution is designed to protect against
violations by the government , or by individual or groups of individuals.
2. IT IS A CHARTER OF LIBERTIES FOR THE INDIVIDUAL AND A
LIMITATION UPON THE POWER OF THE STATE.
3. ITS BASIS IS THE SOCIAL IMPORTANCE accorded to the individual
in the democratic or republican state, the BELIEF THAT EVERY
HUMAN BEING HAS INTRINSIC DIGNITY AND WORTH WHICH
MUST BE RESPECTED AND SAFEGUARDED

CLASSES OF RIGHTS:
The rights that a citizen of a democratic state enjoys may be classified into:
NATURAL RIGHTS- They are those rights possessed by every citizen
without being granted by the State for they are given  to man by God as a
human being created to His image so that he may live a happy life. Ex.
Right to life and right to love
CONSTITUTIONAL RIGHTS- They are those rights which are conferred
and protected by the Constitution. Since they are part of the fundamental
law, they cannot be modified or taken away by the law –making body
STATUTORY RIGHTS- They are those rights which are provided by laws
promulgated by the  law –making body and, consequently, may be
abolished by the same body. Ex. right  to receive minimum wage and right
to inherit  property. 
 
CLASSIFICATION OF CONSTITUTIONAL  RIGHTS:
CIVIL RIGHTS- They are those rights which the law will enforce at the
instance of private individuals for the purpose of securing to them the
enjoyment of their means of happiness. Ex. rights  against involuntary
servitude,  liberty of abode, freedom of speech, of  expression or of the
press. 
POLITICAL RIGHTS- They are such rights of the citizens which give them
the power to participate, directly or indirectly, in the establishment or
administration of the government. Ex. right  of citizenship, right  of suffrage
and the right to information on matters of public concern.
SOCIAL AND ECONOMIC RIGHT- They include  those rights which are
intended to insure the well-being  and economic security of the individual.
Ex. right to property, right to just compensation for private property taken
for public use.
RIGHTS OF THE ACCUSED- They are the  (civil) rights intended for the
protection of a person accused of any crime, like the right to presumption of
innocence, right to a speedy, impartial, and public trial , and the right
against cruel , degrading, or inhuman punishment.
 
DECLARATION OF PRINCIPLES AND STATE POLICIES:
Section 9. The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people
from poverty through policies that provide adequate social services,
promote full employment, a rising standard of living, and an improved
quality of life for all.
Section 10. The State shall promote social justice in all phases of national
development.
Section 11. The State values the dignity of every human person and
guarantees full respect for human rights.
Section 12. The State recognizes the sanctity of family life and shall protect
and strengthen the family as a basic autonomous social institution. It shall
equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing
of the youth for civic efficiency and the development of moral character
shall receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth patriotism
and nationalism, and encourage their involvement in public and civic
affairs.
Section 14. The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women and men.
Section 19. The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.
ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. The Congress shall give highest priority to the enactment of
measures that protect and enhance the right of all the people to human
dignity, reduce social, economic, and political inequalities, and remove
cultural inequities by equitably diffusing wealth and political power for the
common good. To this end, the State shall regulate the acquisition,
ownership, use, and disposition of property and its increments.
 

History teacher Leloy Claudio talks to Florin Hilbay, former Solicitor

General and University of the Philippines College of Law professor. He
presented the strengths and weaknesses of the 1987 Constitution and
what historical event shaped it.

M4L3: While Task-2

To realize and put it into action it is important to recognize the role of the
government.
In most dictionaries“government” and “governance” (Links to an external
site.) are interchangeably used, both denoting the exercise of authority in
an organization, institution or state. Government is the name given to the
entity exercising that authority. Authority can most simply be defined as
legitimate power. Whereas power is the ability to influence the behavior of
others, authority is the right to do so. Authority is therefore based on an
acknowledged duty to obey rather than on any form of coercion or
manipulation. Weber distinguished between three kinds of authority, based
on the different grounds upon which obedience can be established;
traditional authority is rooted in history, charismatic authority stems from
personality and legal-authority is grounded in a set of impersonal rules. To
study government is to study the exercise of authority. (Heywood, 1997)
 

The Philippines (Links to an external site.) is a republic with a presidential

form of government wherein power is equally divided among its three
branches: executive, legislative, and judicial. The government seeks to act
in the best interests of its citizens through this system of check and
balance.
The Philippines is a democratic and republican State. Sovereignty resides
in the people and all government authority emanates from them.
One basic corollary in a presidential system of government is the principle
of separation of powers wherein legislation belongs to Congress, execution
to the Executive, and settlement of legal controversies to the Judiciary.
 

Legislative branch.
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.
The Legislative Branch enacts legislation, confirms or rejects Presidential
appointments, and has the authority to declare war. This branch includes
Congress (the Senate and House of Representatives) and several
agencies that provide support services to Congress.
The Senate is composed of 24 Senators who are elected at large by the
qualified voters of the Philippines.
The House of Representatives is composed of about 250 members elected
from legislative districts in the provinces, cities, and municipalities, and
representatives elected through a party-list system of registered national,
regional, and sectoral parties or organizations.
The party-list representatives shall constitute twenty percent of the total
number of representatives including those under the party list. For three
consecutive terms after the ratification of this Constitution, one-half of the
seats allocated to party-list representatives shall be filled, as provided by
law, by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other sectors as
may be provided by law, except the religious sector.
 
Executive Branch. 
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.
The executive branch carries out and enforces laws. It includes the
President, Vice President, the Cabinet, executive departments,
independent agencies, boards, commissions, and committees.
The President leads the country. He or 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 re-
elected.
The Vice President supports the President. If the President is unable to
serve, the Vice President becomes President. He or she also serves a six-
year term.
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.
 
Judiciary Branch. 
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.
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.
 
Each branch of government can change acts of the other branches as
follows:

 The President can veto laws passed by Congress.

 Congress confirms or rejects the President's appointments and can
remove the President from office in exceptional circumstances.
 The Justices of the Supreme Court, who can overturn
unconstitutional laws, are appointed by the President.
 The Constitution expressly grants the Supreme Court the power of
Judicial Review as the power to declare a treaty, international or
executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance or regulation unconstitutional.  
M4L4: While Task-2
Suffrage Defined
It refers to the right and obligation to vote for 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.
Scope of Suffrage

1. Election. It is the means by which people choose their officials for

definite and fixed periods and to whom they entrust, for the time as their
representatives, the exercise of powers of government. 
2. Plebiscite. It is the name given to a vote of the people expressing
their choice for or against a proposed law or enactment submitted to
them. 
3. Referendum. It is the submission of a law or part thereof passed by
the national or local legislative body to the voting citizens of a country for
their ratification or rejection.
4. Initiative. It is a process whereby the people directly propose and
enact Congress is mandated by the Constitution to provide as early as
possible for a system of initiative and referendum.
5. Recall. It is a method by which a public officer may be removed from the
office during his tenure or before the expiration of his term by a vote of the
people after registration of a petition signed by a required percentage of the
qualified voters.

 
The Holding of Elections

1. Every 2nd Monday of May for national and local elections

2. President and Vice-President : every 6 years
3. Senators, Congressmen, Provincial, City, and Municipal Officials :
every 3 years
4. Every last Monday of October, every 3 years for barangay and SK
officials
5. Every 3 years from March 1993-ARMM elections
 
Registration Defined
It refers to the act of accomplishing and filing a sworn application for
registration by a qualified voter. 
 

Why Register?
To exercise the right and obligation to vote in the election of certain
national and local officers of the government and in the decision of public
questions submitted to the people.
To have the opportunity to choose our leaders and to be heard and be
counted.
 
Qualifications of a Voter
Article 5 Section 1 of the Philippine Constitution
One must be:

1. A Filipino citizen (male or female)

2. At least eighteen (18) years old of age or over
3. Have resided in the Philippines for at least (1) one year and in the
place wherein he proposes to vote for at least 6 months preceding the
election.
4. Not otherwise disqualified by law

 
Where to Register?
COMELEC Office of any barangay office where one resides.
 

Validation for Registration

A process wherein fingerprints of the voter would be captured electronically
at no expense for the voter.
 
Where to Validate Registration?
Barangay Office where the electorate resides.
 
What To Do About Transferring Registration?

 Apply with the Election officer of new residence for the transfer of
registration records
 Ask to accomplish 6 application forms from the Barangay office
where one resides

 
Voting Practices

 Voting by popularity
 Vote-buying

STEP BY STEP SA COMELEC

Requirements:

3 copies of Application Form (legal size bondpaper)

1 valid ID and Photocopy

Ballpen

For below 18 years old, Original and photocopy of birth certificate.

Government ID and photocopy

Eligible:

1. Filipino citizen
2. Atleast 18 years old (may 9, 2022)
 3. Atleast one year na nakatira sa city o munisipyo kung san nais bumuto

Fingerprint, Picture and Signature

Acknowledgement receipt

M4L5: While Task

Philippine Election

 The arena in which the country's elite families compete for political
power.
 The wealthiest clans contest national and provincial offices.
 Families of lesser wealth compete for municipal offices.
 In the barangays, where most people are equally poor, election
confers social prestige

Obstacles:
Transportation, To write out the names of all candidates in longhand, and,
occasionally, the threat of violence.  Dagdag, bawas etch.
Political Dynasty: (Links to an external site.)

 Understood as a lineage of hereditary succession to an essentially

same position or various positions at the same time.
 Family member’s one another to the position.
 Supreme Court (SC) Justice Antonio Carpio in a ruling in 2011
defined the term political dynasties in the case of Navarro v. Ermita (GR
No. 180050; April 12, 2011) as a “phenomenon that concentrates
political power and public resources within the control of a few families
whose members alternately hold elective offices, deftly skirting term
limits.”

 
Kinds of Political Dynasty (Mendoza et al.)  (Links to an external site.)
Thin – successive A “thin” dynasty is a political clan that only has two
members – like a father and son – swapping certain positions, as when a
mayor-father, at the end of his maximum three terms, lets his son, who may
also have reached his three-year term either as vice mayor, councilor,
provincial governor or vice governor, running for each other’s position
Fat dynasty monopolizing power is an undesirable situation, as checks and
balances among elected officials in a certain local government are difficult if
they are all from one family.
The Commission on Elections is anticipating four million first-time voters by
the end of the registration period on September 30, 2021. Despite this
pandemic we still recognize and believe in the capacities and capabilities of
the youth to discern leaders who will serve our nation with integrity and
credibility,  rooted in the values of being Maka-Bayan, Maka-Kalikasan,
Maka-Tao at Maka-Diyos.

M4L6 While Task

The servant-leader is servant first.  It begins with the natural feeling that
one wants to serve, to serve first.  Then conscious choice brings one to
aspire to lead.  That person is sharply different from one who is leader first,
perhaps because of the need to assuage an unusual power drive or
acquire material possessions.  The leader-first and the servant-first are two
extreme types.  Between them there are shadings and blends that are part
of the infinite variety of human nature.
Expressions of a Servant Leader:

1. “YOU ARE IMPORTANT” – considers everyone’s capacity to share

and contribute ideas and opinions.
2. “I TRUST YOU” – listens to the words and wisdom of others in the
group.
3. “YOU ARE A LEADER TO ME” – provides opportunities for growth
and development in leadership among members.
4. “IF YOU ARE BURDENED WITH OTHER THINGS OTHER THAN
YOUR JOB, FEEL FREE TO COME TO ME” – sensitive to the personal
issues and concerns of members which may have a direct or indirect
effect in his/her assigned job.
5. “DON’T WORRY, YOU CAN DO IT” – motivates and encourages
members of the group.
6. “PLEASE CONSIDER THIS...” - presents options, does not dictate.
7.   “THIS WILL HELP US IN THE FUTURE.” – plans with members on
long-term basis , not on a short-term basis.

8.   “I WILL NOT BE LIKE THIS IF IT WERE NOT FOR YOU.- shares

credits and accomplishments with members, does not only think of
himself/herself when the group experiences success in their
activities.  (Inspired by the article written by  Skip Prichard, posted January
2013.)

Good Governance
Governance typically involves well-intentioned people who bring their
ideas, experiences, preferences and other human strengths and
shortcomings to the policy-making table.
Good governance never depends upon laws, but upon the personal
qualities of those who govern. (Frank Herbert) The machinery of
government is always subordinate to the will of those who administer that
machinery. The most important element of government, therefore, is the
method of choosing leaders.
Good governance is often used to describe the desired objective of a
nation-state’s political development.  Good governance is anti-corruption; 
authority and its institutions are accountable, effective and efficient,
participatory, transparent, responsive, consensus-oriented, and equitable.
Some characteristics attached to good governance are: participatory,
consensus oriented, accountable, transparent, responsive, and effective
and efficient. The views of minorities are taken into account and that the
voices of the most vulnerable in society are heard in decision-making. It
also   responds to the present and future needs of society.
 
Characteristics of Good Governance
Participation
People’s participation is a key cornerstone of good governance.
Participation could be either direct or through legitimate intermediate
institutions or representatives.
Representative democracy does not necessarily mean that the concerns of
the most vulnerable in society would be taken into consideration in decision
making. Participation  necessitates freedom of association and expression
on the one hand and an organized civil society on the other hand. 
All men and women, inclusive of the physically challenged, should have a
voice in decision-making, either directly or through legitimate intermediate
institutions that represent their interests. Such broad participation is built on
freedom of association and speech, as well as capabilities to participate
constructively. Participation is a process whereby policy-making, prioritizing
issues, accessibility to public goods and services and also allocating
resources is influenced by key stakeholders. It varies from one context to
another and is subject to different projects and visions. Participatory
processes in a poverty reduction strategy promote information exchange
and transparency in decision-making processes.
Transparency
Transparency means that decisions taken and their enforcement are
consistent with rules and regulations. It also means that information is
available and accessible to those who will be affected by such decisions
and their enforcement. Enough information is provided using 
understandable forms and media.
Responsiveness
Good governance requires that institutions and processes serve all
stakeholders within a reasonable timeframe.
Institutions and processes try to serve all stakeholders within a reasonable
timeframe.
Effectiveness and efficiency
Good governance speaks of processes and institutions that  produce
results which are responsive to the needs of society while making the best
use of resources at their disposal. In the context of good governance,
efficiency also covers the sustainable use of natural resources and the care
and protection of the environment.
Accountability
The key requirement of good governance is accountability. Government
organizations, private sector and civil society organizations must be
accountable to the public and to their institutional stakeholders. 
Accountability, however, varies depending on whether decisions or actions
taken are internal or external to an organization or institution. An
organization or an institution is accountable to those who will be affected by
its decisions or actions. Accountability cannot be imposed without
transparency and the rule of law.