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Introduction to Philippine Constitution 1987

1. Introductio 2012 Charie Camilo. All rights reserved.

2. What is constitution? A constitution is a system for government, codified asa written


document, which contains fundamental laws andprinciples. It usually contains
fundamental political principles,and establishes the structure, procedures, powers and
duties,of a government. The Constitution of the Philippines is thesupreme law of the
Philippines. The Constitution currently ineffect was enacted in 1987, during the
administrationof President Corazon C. Aquino, and is popularly known asthe "1987
Constitution. Philippine constitutional law expertsrecognise three other previous
constitutions as havingeffectively governed the country the935 Commonwealth
Constitution, the 1973 Constitution, andthe 1986 Freedom Constitution. Constitutions
for thePhilippines were also drafted and adopted during the short-lived governments of
Presidents Emilio Aguinaldo (1898)and Jos P. Laurel (1943). 2012 Charie Camilo. All
rights reserved.

3. Nature and purpose of Constitution1. It serves as the supreme or fundamental law2.


It establishes basic framework and underlying principles ofgovernment Constitutional
LawBody of law derived from countrys written constitution. It laysdown and guides the
duties and powers of the government,and the duties and rights of its citizens and
residents. 2012 Charie Camilo. All rights reserved.

4. Kind of Constitution1. As to their origin and history a. Conventional or enacted b.


Cumulative or evolved2. As to their form a. Written b. Unwritten3. As to manner of
amending them a. Rigid or inelastic b. Flexible or elastic 2012 Charie Camilo. All
rights reserved.

5. Constitution distinguished from Statute1. Constitution is a legislation direct from the


people2. Constitution merely states the general framework of the law3. Constitution is
intended not merely to meet existingconditions but to govern the future4. Constitution
is the supreme or fundamental law Statute1. Is a legislation from the peoples
representatives.2. It provides the details of the subject of which it treats3. Is intended
primarily to meet existing conditions only4. Statute conforms to Constitution. 2012
Charie Camilo. All rights reserved.

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.

7. Preamble of the 1987 ConstitutionThe Preamble reads:We, the sovereign Filipino


people, imploring the aid of AlmightyGod, in order to build a just and humane society,
and establish aGovernment that shall embody our ideals and aspirations, promotethe
common good, conserve and develop our patrimony, and secureto ourselves and our
posterity, the blessings of independence anddemocracy under the rule of law and a
regime of truth, justice,freedom, love, equality, and peace, do ordain and promulgate
thisConstitution. 2012 Charie Camilo. All rights reserved.

8. Significant features of the 1987 Constitution The Constitution establishes the


Philippines as a"democratic and republican State", where "sovereignty residesin the
people and all government authority emanates fromthem". (Section 1, Article II)
Consistent with the doctrineof separation of powers, the powers of the
nationalgovernment are exercised in main by three branches the executive branch
headed by the President, the legislativebranch composed of Congress and the judicial
branch withthe Supreme Court occupying the highest tier of the judiciary. Section 1.
Article 2. The Philippines is a democratic and republican State. Sovereignty resides in
the people and all government authority emanates from them. 2012 Charie Camilo.
All rights reserved.

9. Historical Constitution Malolos Constitution (1899) Commonwealth and Third


Republic (1935) Japanese Sponsored Republic (1943) Martial Law Constitution
(1973) Freedom Constitution (1986) > 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.

13. Rather, the Assembly, is to be composed ofrepresentatives from each province


elected in Kalibapiconventions throughout the country with appointedgovernors and
mayors as ex-officio members. Thejudicial power is exercised by the Supreme
Courtwhose justices, together with judges of lower courts,are to be appointed by the
President.< 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

1. The Philippine Pol.Sci. 101 Lecture onCONSTITUTIO N

2. Introduction Every state has had a constitutionof some kind whether it be an


elaborate document or just a collection of rules. It is inconceivable how a state could
exist or survive without a constitution of some form. The foundation of the system
ofgovernment of the Philippines is theconstitution.

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

4. Constitution defined: Constitutionis a written instrument (document) by which the


fundamental powers of government are established, limited, and defined, and by which
these powers are distributed among several departments for their safe and useful
exercise for the benefit of the body politic. - Justice Miller, US Supreme Court

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)

9. Typology of ConstitutionConstitution may be classified as follows:2) As to form:a)


Written Constitution one which has been given definite form at a particular time,
usually by a specially constituted authority called a constitutional convention or
constitutional commission.b) Unwritten Constitutionone which is entirely a product
of political evolution, consisting largely of a mass of customs, usages, and judicial
decisions.

10. Typology of ConstitutionConstitution may be classified as follows:3) As to manner of


amending them:a) Rigid or inelasticone regarded as a document of special sanctity,
which can not be amended or altered except by some special machinery other than
ordinary legislative process.b) Flexible or elasticone which possesses no higher legal
authority than ordinary laws and which may be altered in the same way as other laws.

11. The 1987 Philippine Constitution is thus a conventional/enacted , written, and


rigid/inelastic 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.

13. Requisites of a good written constitution BRIEF: because if a constitution is too


detailed, it would lose the advantage of a fundamental law. It would never be
understood by the public. BROAD: because a statement of the powers and functions
of government, and of the relations between the governing body and the governed,
requires that it be as comprehensive as possible. DEFINITE: because otherwise the
application of its provision to concrete situations may prove unduly difficult if not
impossible.

14. Constitution of the Republic of thePhilippines1) The 1935 Constitution Ratified on


May 14, 1935Features: a) Established the Commonwealth Government. b) Provided a
Democratic and Republican government c) Inclusion of the Bill of Rights
15. Constitution of theRepublic of thePhilippines2) The 1973 Constitution Ratified on
January 17, 1973Features: a) Establishment of a modified parliamentary government.
b) Suspension of the Bill of Rights. c) Has given greater power to the Executive
Department.

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

17. Preamble FromLatin preambulare which means to walk before. Itis an


introduction to the main subject. It is the prologue of the Constitution.

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.

20. Article I: National Territory The national territory comprises the


Philippinearchipelago, with all the islands and watersembraced therein, and all other
territories over whichthe 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. Thewaters around, between,
and connecting the islandsof the archipelago, regardless of their breadth
anddimensions, form part of the internal waters of thePhilippines.

21. ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIESPRINCIPLES


Section 1. The Philippines is a democratic and republican State. Sovereignty resides in
the people and all government authority emanates from them. Section 2. The
Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to
the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

22. ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES Section 3.


Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the
sovereignty of the State and the integrity of the national territory. Section 4. The
prime duty of the Government is to serve and protect the people. The Government may
call upon the people to defend the State and, in the fulfillment thereof, all citizens may
be required, under conditions provided by law, to render personal, military or civil
service.

23. ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES Section 5. The


maintenance of peace and order, the protection of life, liberty, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of
the blessings of democracy. Section6. The separation of Church and State shall be
inviolable.

24. ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIESSTATE POLICIES


Section 7. The State shall pursue an independent foreign policy. In its relations with
other states, the paramount consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self-determination. Section 8. The
Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.

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 :

POLITICAL BRIEF OF THE 1987 PHILIPPINE CONSTITUTION AND BASIC CONCEPT


ABOUT THE GOVERNMENT by Ms. Mary Grace P. Ronquillo

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

IV. Essential Parts of the Constitution:

IV. Essential Parts of the Constitution A. Constitution of Government (Art. VI-XI) B.


Constitution of Liberty (Art. III-V, XII-XV) C. Constitution of Sovereignty (Art. XVII)
Note: The Preamble is not an essential part of the Constitution.

V. Articles of the 1987 Philippine Constitution:

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

V. Articles of the 1987 Philippine Constitution:

V. Articles of the 1987 Philippine Constitution Art. X Local Government Art. XI


Accountability of Public Officers Art. XII National Economy and Patrimony Art. XIII
Social Justice and Human Rights Art. XIV Education, Science and Technology, Arts,
Culture and Sports Art. XV The Family Art. XVI General Provisions Art. XVII
Amendments or Revisions Art. XVIII Transitory Provisions

VI. Elements of the State:

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:

VI. Elements of the State C. Government - is the agency/instrumentality of a state


through which the will of the people is formulated, expressed and carried out. Three
Branches the Government: 1. Executive implement/administer the laws. 2. Legislative
enact, amend, repeal or revise the laws. 3. Judicial interpret/construe the meaning
or substance of the laws.

VI. Elements of the State:

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:

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 B. As to the Extent of Authority 1. Central/National


exercises control and authority throughout the territory of the state. 2. Local exercises
control and authority only through their a particular political subdivision (e.g. province,
city, municipality, barangay).

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.

VII. Kinds of Government:

VII. Kinds of Government D. As to the Government System 1. Presidential based on


separation of powers. The powers of the executive, legislative and judicial branches of
the government are separated from one another; however they are coordinated and co-
equal. 2. Parliamentary the executive and legislative powers are fused or merged into
one through the creation of a Parliament.

VII. Kinds of Government:

VII. Kinds of Government E. As to the Nature of Power 1. De Jure the government


has a rightful title but no actual power or control over the people to execute its
functions. 2. De Facto the government is exercising actual power or control over the
people but without a rightful title to execute such functions.

VIII. Inherent Powers of the State:

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:

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.