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6. Parts of the 1987 Constitution The Constitution is divided into 18 parts, excluding the
Preamble, which are called Articles. The Articles are as follows:Article I - National
TerritoryArticle II - Declaration of Principles and State PoliciesArticle III - Bill of
RightsArticle IV - CitizenshipArticle V - SuffrageArticle VI - Legislative DepartmentArticle
VII - Executive DepartmentArticle VIII - Judicial DepartmentArticle IX - Constitutional
CommissionArticle X - Local GovernmentArticle XI - Accountability of Public
OfficersArticle XII - National Economy and PatrimonyArticle XIII - Social Justice and
Human RightsArticle XIV - Education, Science and Technology, Arts, Cultureand
SportsArticle XV - The FamilyArticle XVI - General ProvisionsArticle XVII - Amendments
or RevisionsArticle XVIII - Transitory Provisions 2012 Charie Camilo. All rights
reserved.
10. Malolos Constitution (1899) First republic The Malolos Constitution was the first
republicanconstitution in Asia. It declared that sovereignty residesexclusively in the
people, stated basic civil rights, separatedthe church and state, and called for the
creation of anAssembly of Representatives to act as the legislative body. Italso called
for a Presidential form of government with thepresident elected for a term of four years
by a majority of theAssembly. It was titled "Constitucin poltica", and waswritten in
Spanish following the declaration of independencefrom Spain, proclaimed on January
20, 1899, and was enactedand ratified by the Malolos Congress, a Congress heldin
Malolos, Bulacan.< 2012 Charie Camilo. All rights reserved.
11. Commonwealth and Third Republic (1935) 1935 Constitution The 1935 Constitution
was written in 1934,approved and adopted by the Commonwealth of thePhilippines
(19351946) and later used by the Third Republicof the Philippines (19461972). It was
written with an eye tomeeting the approval of the United States Government aswell, so
as to ensure that the U.S. would live up to itspromise to grant the Philippines
independence and not havea premise to hold onto its possession on the grounds that
itwas too politically immature and hence unready for full, realindependence.< 2012
Charie Camilo. All rights reserved.
12. Japanese Sponsored Republic (1943) Second Philippine Republic The 1943
Constitution of the Republic of thePhilippines , composed of a preamble and twelve
articles,creates a Republican state with a powerful executive branchand subordinate
legislative and judicial branches. Theexecutive power is vested in the President, who is
to beelected by the members of the National Assembly fromamong themselves. The
President is the head of government,and commander-in-chief of the Armed Forces. The
powers ofthe President are: to veto any bill of the Assembly, topromulgate regulations
when the Assembly is not in sessionand in times of war or national emergency, to
declare martiallaw, to suspend the privilege of the writ of habeas corpus,and to appoint
the members of the Council of State andofficials of the local government. A limited
legislative poweris exercised by the unicameral National Assembly whosemembers, like
the President, are not directly elected by thepeople. 2012 Charie Camilo. All rights
reserved.
14. Martial Law Constitution (1973) 1973 Constitution of the Philippines The 1973
Constitution, promulgated afterMarcos declaration of martial law, was supposed
tointroduce a parliamentary-style government. Legislativepower was vested in a
National Assembly whose memberswere elected for six-year terms. The President was
ideallysupposed to be elected as the symbolic and purelyceremonial head of state from
the Members of the NationalAssembly for a six-year term and could be re-elected to
anunlimited number of terms.< 2012 Charie Camilo. All rights reserved.
15. Freedom Constitution (1987) 1987 Constitution of the Philippines Following the
EDSA People Power Revolution thatremoved President Ferdinand E. Marcos from office,
the newPresident, Corazon C. Aquino issued Proclamation No. 3 as aprovisional
constitution. It adopted certain provisions fromthe 1973 constitution and granted the
President broadpowers to reorganise the government and remove officialsfrom office,
and mandated that the president would appointa commission to draft a new
constitution.< 2012 Charie Camilo. All rights reserved.
16. Basic Principles Underlying the New Constitution1. Recognition of the Aid of
Almighty God2. Sovereignty of the People3. Renunciation of war as an instrument of
national policy4. Supremacy of civilian authority over the military5. Separation of
Church and State6. Recognition of the importance of thefamily as basic social institution
and ofthe vital role of youth in nation building7. Guarantee of human rights8.
Government through suffrage9. Separation of Power10. Independence of Judiciary11.
Guarantee of local autonomy12. High sense of public service morality and
accountability13. Nationalization of natural resources and certain privateenterprises
affected by public Interest14. Non suability of the state15. Rule of the majority;
and16. Government of laws and not men. 2012 Charie Camilo. All rights reserved.
Philippine Constitution
3. Constitution defined: In its broad sense, the term constitution refers to the body of
rules and principles in accordance with which the powers of sovereignty is regularly
exercised.Etymology: Latin word CONSTITUO which means fixed, established, or
settled
5. Nature and Purposes1. Serves as the supreme or fundamental law. It is the Charter
creating the government. It is binding to all individual citizens and all organs of the
government. It is the law to which all other laws must conform. It is the test of the
legality of all governmental actions.
6. Nature and Purposes2. Establishes the basic framework and underlying principles of
government. Prescribes the permanent framework of the system of government, and
assigns to the different department or branches, their respective powers anD duties.
(Art.I) To establish certain basic principles on which the government is founded.
(Preamble, Art.I) Designed to preserve and protect the rights of the citizen against the
Powers of the State. (Art III)
7. Constitutional Law Itis defined as the branch of public law which deals with
constitution: their nature, formation, amendment, and interpretation. Itis also the law
embodied in the Constitution as well as the principles growing out of the interpretation
and application made by the courts, specifically the Supreme Court.
8. Typology of ConstitutionConstitution may be classified as follows:1) As to origin and
history:a) Conventional or enactedone which is enacted by a constituent assembly or
granted by a monarch to his subjects (e.g. Constitution of Japan)b) Cumulative of
evolvedone which is a product of a long period of development originating in
customs, traditions, judicial decisions etc, rather than from deliberate and formal
enactment. (e.g. English Constitution)
12. Pros and Cons of awritten constitution It has the advantage of clearness and
definiteness over an unwritten one. Since the written constitution is a binding
document, the rights of the citizen is more secured. Its disadvantage lies in the
difficulty of its amendment. This prevents the immediate introduction of needed reforms
and may thereby retard the healthy growth and progress of the State.
16. Constitution of the Republic of the Philippines3) The 1987 Constitution Ratified on
February 2, 1987Features: a) Reinstitution of a Democratic Government. b) Separation
of Church and State. c) Sovereignty of the people. d) Renunciation of war as a national
policy. e) Supremacy of Civilian authority over the military. f) Separation of Powers
18. Preamble: purpose andvalue 1) Sets down the origin and purposes of the
constitution. 2)May serve as an aid in its interpretation.Note: The preamble has no
legal implications.
19. Preamble We, the sovereign Filipino people, imploring the aid of Almighty God, in
order to build a just and humane society, and establish a Government that shall
embody our ideals and aspirations, promote the common good, conserve and develop
our patrimony, and secure to ourselves and our posterity, the blessings of
independence and democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this Constitution.
25. ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES 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.
26. ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES 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. Section25. The State shall
ensure the autonomy of local governments. (see Art. X)
27. Midterm Paper Research on the issue of the Philippines-China dispute over the
Spratlys Island. Use the following rubric/format and answer the following questions:
Introduction (historical background of the dispute, claimant of the territory, location on
the globe.) Discussions: how did the dispute began? What are the reasons for the
dispute? How did UN respond to the issue? What are the Philippine governments
argument in claiming some part of the island? Resolution: a) Recent developments. b)
What is your stand regarding this issue? Do we continue to claim the territory even in
the provocation of a war?
POLITICAL BRIEF OF THE 1987 PHILIPPINE CONSTITUTION AND BASIC CONCEPT
ABOUT THE GOVERNMENT :
Outline of Topics:
Outline of Topics I. Definition of Constitution II. Political Genesis of the Constitution III.
Essential Parts of the Constitution IV. Articles of the 1987 Philippine Constitution V.
Elements of the State VI. Kinds of Government VII.Inherent Powers of the State
I. Definition of Constitution:
I. Definition of Constitution - is the body of rules and maxims in accordance with which
the powers of the state are habitually exercised. (Cooley) - is the organic and
fundamental law of the state. (Blacks Law Dictionary) Principle of Supremacy of the
Constitution If a law violates any norm of the constitution, that law is regarded as null
and void. Hence, it has no effect because the Constitution is supreme over other laws.
II. Political Genesis of the Constitution:
II. Political Genesis of the Constitution Constitution Date of Ratification Biak na Bato
Constitution November 1, 1897 Malolos Constitution November 29, 1898 1935
Constitution May 14, 1935 1943 Constitution 1973 Constitution January 17, 1973 1986
Constitution March 24, 1986 1987 Constitution February 2, 1987
V. Articles of the 1987 Philippine Constitution Art. I The National Territory Art. II
Declaration of Principles and State Policies Art. III Bill of Rights Art. IV Citizenship Art. V
Suffrage Art. VI Legislative Department Art. VII Executive Department Art. VIII Judicial
Department Art. IX Constitutional Commissions
VI. Elements of the State A. People - refers to the inhabitants of a state bind by law,
living together for the purpose of mobilizing a polity. - it includes citizens, inhabitants
and the electorate.
VI. Elements of the State:
VI. Elements of the State B. Territory - is the geographical profile of a state that
includes terrestrial, fluvial and aerial domains. Art. I The National Territory The
national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial
sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The
waters around, between, and connecting the islands of the archipelago, regardless of
their breadth and dimensions, form part of the internal waters of the Philippines.
VI. Elements of the State D. Sovereignty - is the supreme power of the state to exact
obedience to its laws upon its citizens. Kinds of Sovereignty: 1. Internal Sovereignty
the power of the state to control and govern its people within its territory. 2. External
Sovereignty the freedom of the state from external control or intervention.
VII. Kinds of Government A. As to the Number of Ruler/s 1. Monarchy one man rule.
The power is usually vested in the King or Queen of a Royal Family. 2. Oligarchy the
power is vested in few individuals or in a dominant class/group in the society. 3.
Democracy rule by the mob or the power is vested in the people. a. Direct Democracy
the people directly run the government. b. Indirect Democracy/Republican the
people choose their representatives to govern them in public affairs.
VII. Kinds of Government:
VII. Kinds of Government C. As to the Extent of Powers 1. Unitary all powers are
centralized in the national government and devolved into the local government units. 2.
Federal there is a division of powers and functions between the federal government
and local government units.
VIII. Inherent Powers of the State A. Police Power - is a fundamental right of a state to
enact laws or regulations to promote the general welfare of the people in relation to the
right of and enjoyment of persons to life and property. (Law of Overriding Necessity) -
is based on the Principle of Salus Populi Suprema Est Lex (the welfare of the people is
the supreme law).
VIII. Inherent Powers of the State:
VIII. Inherent Powers of the State B. Taxation - is the power of the State to levy or
impose charges upons persons, property or institutions, as may be defined by law in
order to defray the expenses of the government and to enable it to fully discharge its
functions.
VIII. Inherent Powers of the State C. Eminent Domain - is the power of the state to
acquire, confiscate, or take private property for public use upon payment of just
compensation. - can be exercised by private authorities.