Government is the agency of the state through which the will of the state is formulated, expressed

and carried out

Agency -
Agent - Government
Principal - State - Will of the state to do that which is beneficial - state can do no wrong

State can replace the agent when it is no longer doing THAT which is beneficial

Legal bec the state is the principal anf the principal can always change the agent
But is this constitutional?

-extra constitutional - is to say that there is nothing in the constitution

Why not ART 2 sec 1

When it says sovereign reside in the people, indeed it gives the people the right but what power -
through the ballot. This can not be an authority for the people to act outside the ballot

The right to revolt can not be recognize as a constitutional principle. A constitution to provide for the
right of the people to revolt will carry with it hte seeds of its own destruction. The right to revolt is
affirmed as a natural right

Its not unconstitutional bec its not prohibited in the constitution

Doctrine of revolution or doctrine of state action

Not unconstitutional Not also constitutional but its exrta constitutional something that orbits out of
the constitutional loop

Direct Democracy
The powers not sure

Republican (indirect democracry)

Power are exercse by the people through its representative

GAPIL
Domestic Law of the Lan
Enabling law - DL

Doctrine of incorporation - GAPIL is incorporated in our Laws

Composition structure power

Democratic
-people power we won in EDSA ppw
There will be no justification

All that permir us to do is to exercise our power through the ballot

GAPIL
Doctrine of incorporation - forms part of the law of the land
Opposite
Doctrine of transformation - needs to transform it into domestic law first before it can form part of
the land

Gapil equal footing with domestic law but both cant rise against Consti

Priniple we adhere to Art 2 sec 3 Civilian at all times supreme over military

Sec 6 Separation of Church and State

-inviolable
Two fold concept
Non establishment of religion
Expt Operation of sectarian schools
Religious Instruction in Public School
Tax exemptions
Public aid to Religion

Look at the government action and look at its Principal Purpose

If secular then that is not establishment of religion
Ex. Sinulog (meant to promote culture)

Public Morality

Principle vs. Policies

Principle - These are concept states can not derrogate from
Policies- not executing but simply guides

Doctrine of Separation of Powers

Is it enshrined in the consti?
- 678 - it is there given flesh in articles 6 7 8
How does President Check congress
-Veto Power
-

Checks and balances

Once in a while theres Blending

Legislative Department
Composition
Congress

Legislative power not exclusive to the congress it shared by the people through referendum

As may be provided by law

Nothing to do with composition but on qualifications

Qualifications N-A-R-R-A

Can on ly be change through constitutional amendment

Residence is not the same as domicile

Residence connote physical presence
For purpose of election Law residence is the same as domicile
HOuse od representative

Districts
Can be increased through:
Prohibiting gerrymandering (contigious compact and adjacent)
Reappointment of districts
Party list

1 create a province
2 create a city with atleast a population of atleast 250k
3 when it passes a reapportionment law

Partylist
Sec 5 paragraph 2

Twenty Percent Parameter

Originally considered a mere ceilling in Veterans case. Banat case reverses this the 20% parameter is
now considered mandatory and that it be filled up or full occupied

District

First 20% allocation

2% threshold
Three seat limit
Proportional representation

Req
Who belong to marginalized and underrepresented
Key words
Proportional representation
Marginalized
Under representanted
Lacking in blabal constit

Term and Tenure difference