CHAPTER 3Government and the State
The New Charter is described as ‘pro-life, pro-people, pro-poor, pro-Filipino andanti-dictatorship’.
It is ‘pro-life’ because it bans nuclear weapons, protects theunborn from the moment of conception, abolishes the death penalty except inextreme cases when the Congress may reimpose it, and protects the family as abasic autonomous social institution.
It is considered ‘pro-people’ because itincludes policies to promote people’s welfare,
a just and humane social order,adequate social services, protection for the right to health and to a balanced andhealthy ecology and gives priority to education; it allows greater participation bythe people in government through the free and open party system, sectoralrepresentation, people’s organizations, and the institution of the processes ofinitiative and referendum in law-making and constitutional amendment.
It is ‘pro-poor’ because there are socio-economic policies that alleviate the plight of theunder-privileged, and promote social justice.
It is pro-Filipino because there areprovisions for Filipino control of the economy, educational institutions, mass-media and advertising and public utilities; reservation of certain areas ofinvestments for Filipinos if it is in the national interest, and in the practice of allprofessions; a Filipino national language and the preservation of a Filipinonational culture.
It is ‘anti-dictatorship’ because it puts limitations on the powersof the President and strengthens the powers of the Congress and the Judiciary,thus, preventing the consolidation of powers in any one person or branch ofgovernment.
Although it is basically patterned after the 1973 Constitution, the 1987Constitution consists of 100 new sections which primarily deal with social justice,the national economy, family rights, education and human resources, theCommission on Human Rights and the autonomous regions.
However, thesame basic principles underlying the previous constitutions are still found in thenew Constitution, among which are:
Philippine Constitutional Commission of 1986; Primer
The Constitution of the Republic of thePhilippines
(1986) p 26.
; Article II, ss 7, 12; art III, s 19(1); Rep Act No 7659 (1993) reimposed the deathpenalty for certain heinous crimes.
Article II, ss 5,9,10, 11, 15, 16 and 17; art VI, s 5; art XIII, ss 15-16; art IX-C, ss 5,8; art X, ss 3and 9; and art XVII, s 2.
Article II, ss 9-11, 18-23; arts XIII and XIV.
Articles XII, XIV, ss 4(2), 6-9, 12, 14-18.
Article VII, ss 16, 18-21.
Article II, ss 9, 10; art XII, ss 1-2; art XII, ss 1-22; art XV, ss 1-4; art IV, ss 1-19; art XIII, ss 17-19; and art X, ss 15-21.