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Preamble

The introductory part of speech or piece of writing or piece of writing, especially


the introductory part of a statute, ordinance etc. stating the reasons and purposes
of the text that follows.

Value of the preamble

The preamble by and of itself does not confer any right nor imposes any duties nor
creates any office. However it is so significant that most of the constitutions of the
world contain preamble. Because of the following reasons:

1. It serves to introduce the fundamental law of the land by setting the mood of
the reader to its importance.

2. It sets down the author and the purposes of the Constitution.

3. It may serve as an aid in its interpretation.

Meaning of People as used in the Constitution

1. Citizens- sovereignty resides in the people

2. Inhabitants- embrace both citizens and aliens, so long as they are inhabitants
of the country.

3. Voters- meaning of people

Significant changes in the preamble

1. The phrase “Almighty God” replaced “Divine Providence” which was


considered vague and impersonal, while to former emphasizes the Filipino
people’s belief in personal God.

2. “Common good” replaced “general welfare” because the former refers to all
the people while the latter may refer to the welfare of the majority while
neglecting the minority.

3. “Our” replaced “the” patrimony to signify that the Philippines with its natural
resources is for all the Filipinos and not only for the elite selected group/s.

Article I
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.

The territories ceded by Spain to the United States in the Treaty of Paris on
December 10, 1898, for the sum of $20,000.00; the island of Cagayan, Sulu
and Siboto ceded by Spain to the United States in the treaty of Washington
on November 7, 1900; The turtle and Mangsee islands by virtue of the treaty
between the United States and Great Britain in January 2, 1930; The island of
Batanes by virtue of its own occupation and possession and therefore which
has always been held as part of the territory of the Philippines.

Bodies of Navigable water over which the Philippines exercises some kind of
jurisdiction or power

1. Inland waters- lakes, rivers, and other similar bodies of water

2. Internal waters- bodies of water circumscribed by the straight line


connecting the points of the outermost islands

3. Territorial waters- bodies of water within the twelve mile limit from the
shoreline

4. Exclusive Economic Zone- bodies of water within 200 miles from the shore
over which coastal state may exercise an exclusive right over the natural
resources and other economic activities

Article II

Declaration of Principles and State Policies

Nature of Article II

1. Nature of the Provisions

2. Obligation of the Government

3. Remedy of the People


4. Importance of these Provisions

5. This article could also be viewed as the objectives/remedial measures which the
government is obligated to pursue in the view of the present situation of the Filipino
Nation.

Section 1. The Philippines is a democratic and republican State. Sovereignty resides


in the people and all government authority emanates from them.

Characteristics of a democratic and Republican State

1. Existence of a Bill of Rights

2. Majority rule through regular exercise of suffrage

3. Government of law and not of men

4. State cannot pass irrepealable laws

5. Non-suability of the state without its consent;

6. Accountability of public officials;

7. Separation of Powers

8. Delegation of powers

Who has sovereignty?

1. Sovereignty and all government authority reside in the people.

2. This authority is exercise by duly elected public officials

3. It is inherent right of the people to revolt

Section 2. The Philippines renounces was as an instrument of national policy, adopts


the generally accepted princeiples 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.

Section 3. Civilian authority is at all times, supreme over the military. The Armed
Force 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.

- War criminals are prosecuted

- Road safety signs are implemented


- Right of extradition id recognized

- International usages are given effect

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.

- For defense of state

- Compulsory, not optional

- Personal and direct which cannot fulfilled by means of money or substituted


by other means

- Must be in accordance with the provisions of law

Section 5. The maintenance of peace and order, the protection of life, liberty, and
property, and the promotion of the general welfare are essential for the enjoyment
by all the people of the blessings of cracy.

Section 6. The separation of Church and State shall be inviolable.

State Policies

Principle on which any measure or course of action is based; the line of conduct
which the rulers of a nation adopt on particular questions, especially with regard to
foreign countries.

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.

- Foreign policy is the basic direction underlying the conduct by a State of its
affairs vis-à-vis those other states.

Section 8. The Philippines, consistent with the national interest, adopts and pursues
a policy of freedom from nuclear weapons in its territory.

- Sen. Arturo Tolentino interprets this provision as an absolute banning of


nuclear weapons.

Section 9. The state shall promote a just and dynamic social order that will ensure
the prosperity and independence of the nation and free the people from the poverty
through policies that provide adequate services, promote full employment, a rising
standard of living, and an improved quality of life for all.
Section 10. The state shall promote social justice in all phases of national
development.

Chapter 4
The Preamble, National
Territory, Principles, and
Policies

Submitted By:

BSN IV-2

Joy Kristine Pangan

Khayce Diane Juma

Aiza Lamangan

Imee Alejandro

Maria Elena Angela Acosta

Ian Carlo Jaropillo