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Consti 1 Reviewer (Preamble - Art 1)

Consti 1 Reviewer (Preamble - Art 1)

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Published by Karen Santos

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Published by: Karen Santos on May 28, 2011
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12/18/2012

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Introduction
“Constitution”
a written instrument by which thefundamental powers of government are established,limited and defined, and by which these powers aredistributed among several departments, for their moresafe and useful exercise, for the benefit of the bodypolitic
Fundamental purpose of a constitution:
a grant anda limitation of governmental authority
 The Constitution is the supreme written law of the land
Classifications of the constitution: written and unwritten;flexible and rigid
Classification as to the extent to whichconstitutions are observed as norms of governmental action:
o
Normative constitution
its normsdirect governmental action, andgovernment habitually adjusts itsactions to the norms
like a suit thatfits and is actually worn
o
Nominal constitution
cannot yet befully operative because of existingsocio-economic conditions
like a suitin storage waiting for the wearer togrow to the proper size
o
Semantic constitution
the primarypurpose of a constitution is to limitpower: this does the
opposite
. It is atool for the perpetuation of power in thehands of power holders
not a suit,but a disguise
A
constitutional document may be divided into 3parts:
Constitution of government 
provisions that setup the governmental structure
Constitution of liberty
guarantee individualfundamental liberties against governmentalabuse
Constitution of sovereignty –
outline the processwhereby the sovereign people may change theconstitution
“Constitutional law”
– body of rules resulting from theinterpretation by a high court of cases in which thevalidity, in relation to the constitutional instrument of some act of governmental power… has been challenged.
“Judicial review”
involves the power andduty on the part of the Court pronouncing voidany such act which does not square with its ownreading of the constitutional instrument. (powerand duty to make void acts which are not inkeeping with the Constitution)
Constitutionalism dates back to the Treaty of Paristransferring Spanish sovereignty over the Islands to theU.S. Thereafter, Philippine constitutional law grew froma series of organic documents enacted (stated below) bythe U.S. government.
Pres. McKinley’s Instruction to the SecondPhilippine Commission
Philippine Bill of 1902
Philippine Autonomy Act of 1916
The 1935 Constitution
Tydings-McDuffie Law
provided for theestablishment of a Commonwealth Governmentto be established under a constitution draftedand ratified by the Filipino people, thePhilippines already had a solid body of constitutional jurisprudence on which to build.
o
It was through the authority of this lawthat a Constitutional Convention wascalled (for the creation of the 1935Constitution). It lasted from July 30,1934 to February 8, 1935.
o
March 3, 1935 U.S. Presidentapproved the draft
o
May 14, 1935 Filipino electorateratified the same by an overwhelmingmajority vote.
o
November 15, 1935 Commonwealthgovernment established by theConstitution became operative
o
 July 4, 1946 PhilippineIndependence!!!
Many felt a certain unease inthat the Philippines, alreadyindependent at the time,continued to operate under aConstitution that had beenfashioned under colonialauspices. Hence, the agitationfor a thorough overhaul of the1935 Constitution arose.
The 1973 Constitution
March 16, 1967 – Phil. Congress, pursuant toauthority given to them by the 1935Constitution, passed Resolution No. 2 (lateramended by Resolution No. 4 passed on June 17,1969) called for a Convention to proposeamendments to the Constitution.
November 20, 1970 – election of delegates tothe Convention
 June 1, 1971 – 1971 Constitutional Convention(ConCon) began
September 21, 1972 – martial law was declared.Even though some delegates were placed underdetention, went into hiding or voluntary exile,the ConCon continued its deliberations under anatmosphere of fear and uncertainty.
November 29, 1972 ConCon approved itsProposed constitution
November 30, 1972 the Pres. issuedPresidential Decree No. 73: submitting to theFilipino people for ratification or rejection theConstitution of the Republic of the Philippinesproposed by the 1971 ConCon and setting thedate of the plebiscite on January 15, 1973
 January 7, 1973 General Order No. 20 wasissued by the President directing that the saidplebiscite be postponed until further notice.
P.D. No. 86 organized the Citizen’sAssemblies”. Said assembly was asked certainquestions, such as “Do you approve of the NewConstitution?”
 January 17, 1973 – the Supreme Court was stillhearing arguments to enjoin the holding of theplebiscite, however, Proclamation No. 1102 wasmade by the President, announcing that theproposed Constitution had been ratified by anoverwhelming vote of the members of theCitizen’s Assemblies
March 31, 1973 – a divided SC ruled that “thereis no further judicial obstacle to the newConstitution being considered in force andeffect”
 The Executive Dept., with vigor and all theresources at its command, proceeded toimplement the new Constitution
Constitutional Law I: Block E 2014 Reviewer | Preamble – Article I | KSantos.
1
 
 The Legislative Dept. was nowhere to be foundto object
Ordinary mortals lived and found their fortunes(and misfortunes) under the new Constitution
In
1976
, the Constitution was amended to givebirth to the
interim Batasang Pambansa
(alegislative body which functioned no better thanas a rubber stamp for the will of the Presidentwhich found a new authoritarian vehicle inAmendment 6). Later on, the
interim BP
gaveway to a
regular BP
.
In
1981
, the Constitution was amended again todepart from the parliamentary to thepresidential form.
The FREEDOM Constitution
February 15, 1986 – the BP, in the exercise of powers given by the 1973 Constitution,proclaimed Marcos as the president, amidstwidespread protest.
February 22, 1986 – Minister of National DefenseEnrile and Vice Chief of Staff General Ramosinitiated a revolt against Marcos
o
 The civilian support given to theoutnumbered Ramos-Enrile forcescaused other military elements toswitch their support to Pres. Aquino
February 24, 1986 – after the Air Force started tosupport Aquino, it was deemed over for Marcosand his allies
February 25, 1986 – in defiance of the provisionsof the 1973 Constitution and without thesanction of the BP, Aquino was proclaimedpresident at the Club Filipino and wasimmediately sworn into office by SeniorAssociate Justice of the SC Claudio Teehankee
o
At the same time, Marcos was beingsworn into office by Chief Justice RamonAquino at Malacañang. The same night,he and his family and supporters wentinto exile.
Pres. Aquino chose to turn her back on the 1973Constitution whose officials had denied her thepresidency. She chose instead to govern under aProvisional Constitution, which was ProclamationNo. 3 or the Freedom Constitution
The 1987 Constitution
1986 ConCon: June 1, 1986 to October 15, 1986
Article 6 of the Freedom Constitution:
o
Sec. 1:
Within 60 days from date of this Proclamation, a Commission shallbe appointed by the President to draft aNew Constitution. The Commission shallbe composed of 
not less than 30 andnot more than 50 natural-borncitizens of the Philippines, of recognized probity known for theirindependence, nationalism andpatriotism. They shall be chosen bythe President after consultationwith various sectors of society.
o
Sec. 2:
 The Commission shall completeits work within as short a period as maybe consistent with the need both tohasten the return of normalconstitutional gov’t and to draft adocument truly reflective of the idealsand aspirations of the Filipino people.
o
Sec.
 
3:
 The Commission shall conductpublic hearings to
insure that thepeople will have adequateparticipation
in the formulation of theNew Constitution.
o
Sec. 4:
 The plenary sessions of theCommission shall be
public and fullyrecorded.
o
Sec. 5:
 The new Constitution shall bepresented by the Commission
to thePresident who shall fix the date forthe holding of a plebiscite.
It shallbecome valid and effective
uponratification by a majority of thevotes cast in
such which shall be held
within a period of 60 days followingits submission to the President.
Plebiscite was held onFebruary 2, 1987
PREAMBLE“We, the sovereign Filipino people,imploring the aid of Almighty God, in orderto build a just and humane society andestablish a Government that shall embodyour ideals and aspirations, promote thecommon good, conserve and develop ourpatrimony, and secure to ourselves and ourposterity the blessings of independence anddemocracy under the rule of law and aregime of truth, justice, freedom, love,equality, and peace, do ordain andpromulgate this Constitution.”
The Preamble
Should the Preamble be written before or after thecompletion of the Constitution?
1.Preamble should be formulated after the completionof the Constitution:
Preamble – a distillation of the ideals andaspirations of the Filipino people
Since it is a distillation of the ideals andaspirations, it should not be finalized until afterthose ideals and aspirations had beenhammered out.2.Preamble can be formulated even before thecompletion of the Constitution:
Commissioners themselves were in a position toenumerate the ideals and aspirations of theFilipino people, a Preamble formulated inadvance could serve as a guide for the rest of the work of the Commission.
Commission agreed that the Preamble would stillbe subject to modifications after the formulationof the body of the document.
But the commission did not go back to thePreamble after the completion of the body of document.
Purpose and effect of the Preamble
It is not a source of power or right for anydepartment of government.
It sets down the origin, scope, and purpose of theConstitution and is thus useful as an aid inascertaining the meaning of ambiguous provisions inthe body of the constitution.
 The Preamble bears witness to the fact that theConstitution is the manifestation of the sovereign willof the Filipino people.
Constitutional Law I: Block E 2014 Reviewer | Preamble – Article I | KSantos.
2
 
 The document is not just the work of representativesof the people but of the people themselves who puttheir mark of approval by ratifying it in a plebiscite.
Source of Light: Useful as an aid in ascertaining themeaning of ambiguous provisions in the body of theConstitution
 Aglipay v. Ruiz
– Justice Laurel, in seeking the truemeaning of separation of church and state in thePhilippine jurisprudence, had occasion to allude tothe invocation of the “aid of Divine Providence”found on the 1935 Preamble.
ARTICLE 1:
National Territory
The national territory comprises thePhilippine archipelago, with all the islandsand waters embraced therein, and all otherterritories over which the Philippines hassovereignty or jurisdiction, consisting of itsterrestrial, fluvial and aerial domains,including its territorial sea, the seabed, thesubsoil, the insular shelves, and othersubmarine areas. The waters around,between, and connecting the islands of thearchipelago, regardless of their breadth anddimensions, form part of the internal watersof the Philippines.
A Constitution is a municipal law. As such, it is binding onlywithin the territorial limits of the sovereignty promulgating theconstitution. It is important for the sovereign state to knowthe extent of the territory over which it can legitimatelyexercise jurisdiction.
1.The Place of Territorial delimitation in the 1935Constitution
Definition of territory underwent three phases:
1934-1935 Constitutional Convention
1972 Constitutional Convention
1986 Constitutional Commission
 The factor which persuaded the 1935 Convention toinclude an article on national territory was the intentof the Convention to use the Constitution as aninternational document binding on the US.
 This possibility of transforming the Constitution (amunicipal law) into an international document arosefrom the provision of the Tydings-McDuffie law.
 Tydings-McDuffie law: the effectivity of the Philippineconstitution would depend partly on the acceptanceof its provision by the US Government.
2.National territory under the 1935 Constitution
Four Points of Reference for determination of thePhilippine territory in the 1935 Constitution
1.The Treaty of Paris (December 10, 1989)a.Article III – Spain has ceded to the US “thearchipelago known as the Philippine Islands,and comprehending the islands lying within”b.Doubts whether the Batanes Islands to thenorth and the Island of Sibutu and Cagayande Sulu to the south as well as the Turtleand Mangsee Island were included2.The Treaty of Washington (November 7, 1900)a.Corrected the error with respect to theIslands of Sibutu and Cagayan de Sulu3.The treaty between Great Britain and the UnitedStates (January 2, 1930)a.Jurisdiction over Turtle and Mangsee Islandswere clarified by the convention concludedbetween Great Britain and USb.The doubt over Batanes was not clarified.However, from time immemorial, theseislands had undisputedly formed part of thePhilippines.4.“all territory over which the present Government of the Philippine Island exercise jurisdiction”a.To remove the doubts over Batanes.
3.Why the definition of territory in the 1973 and1987 Constitutions?
Voltaire Garcia (Rizal) – delete the entire article onNational Territory
o
Why? Because territorial definition was asubject of international law, not municipallaw, and the Philippine territory is alreadydefined by existing treaties
o
Batanes – no state ever questioned thecontinued exercise of Philippine jurisdictionover it
o
Prejudicial to the interest of the Philippines
o
Amanio Sorsogon and MagtanggolGunigundo supplied the “nationalistic”arguments for the deletion of the article onterritory
Sorsogon: Treaty of Paris arepulsive reminder of the indignityof our colonial past
Gunigundo: To accept the territorialboundaries defined in the Treaty of Paris would be to lend legitimacy tothe illegal act of Spain and the US
Raul Roco (Camarines Sur) – territorial definition isnecessary for the preservation of our national wealth,for national security, and as a manifestation of oursolidarity as a people
Eduardo Quintero (Leyte) on why a territorial articleis needed:
o
 Territorial assertions found in RA 3046 aremerely “whereas” clauses. These clausesshould be expressed in more authoritativefashion.
o
 To delete the article would leave the statusof Batanes Island in doubt.
o
Failure of the 1935 constitution to expressthe possibility of future territorialacquisitions by the Philippines
4.The 1973 Provision on National Territory
Philippine Territory under the 1973 Constitution canbe divided into three groups:1.The Philippine archipelago2.Other territories belonging to the Philippines3.Philippine waters, air-space, and submarineareas
Horizontal reach consisting of landsand waters
An upward reach consisting of air-space over the land and waters
A downward reach consisting of submarine areas
Adherence to the “archipelagicprinciple”
The Philippine Archipelago
1973 Consti: “all the islands and watersembraced therein”
Archipelago: a cluster of islands forming aterritorial unity
o
Waters are considered adjuncts tothe land area and their extent isdetermined by reference to theland area
Constitutional Law I: Block E 2014 Reviewer | Preamble – Article I | KSantos.
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