Table 1.

International Trade Law 101: Philippine Constitution

1. Course Description No. of Hours

The course is informative on the fundamental law of the land describing how the three branches of 18
the government function with the laws, rules and regulations that emanate from it including provisions
governing trade and investments.

Learning Outcomes

a. Trainees will know the fundamental principles under which the country is governed;
b. Trainees will have a sound legal reference when negotiating terms and conditions of agreements with other
countries that will have impact on the country’s economic progress and welfare.

2. Course Objectives

a. Gain a clear understanding of the political structure of government of the Republic of the Philippines;
b. Comprehend how each of the three branches of government, namely executive, legislative and judicial, operate
on its own and relate with one another in the governance of the country; and
c. Recognize the strengths and weaknesses of the country’s political system of government with focus on
provisions governing trade and investments.

3. Course Outline

 The nation, state, government and governance

 The 1987 Constitution and earlier Constitutions
 National territory
 The three branches of government: system of checks and balances
 Executive: its departments and functions
 Legislative: its two houses and roles in policymaking
 Judicial: its functions and influence in policymaking
 The Constitutional Commissions: mandate and roles
 Local government and autonomous regions
  Economic and related provisions in the Constitution
 Policy making on international trade and investments
 International agreements on trade and investments

4. Course Topics

 The nation, state, government and governance

o Concept of nation and state
o Origin of government and state
 The 1987 Constitution and earlier Constitutions
o Previous constitutions of the Philippines
o Present and proposed Constitutions
 National territory
o definition
 The three branches of government: system of checks and balances
o Rationale behind separate branches
o Nature of check and balance
 Executive: its departments and functions
o Structure and functions
 Legislative: its two houses and roles in policymaking
o Senate
o House of Representatives
o How laws are passed
o System of committees
 Judicial: its functions and influence in policymaking
o The Supreme Court
o System of courts
o Influence on economic matters
 The Constitutional Commissions: mandate and roles
o Independence of operations
 Local government and autonomous regions
o Levels and areas of coverage
o Influence on economic matters
  Economic and related provisions in the Constitution
o Enabling environment for economic activities
o Limits to foreign participation in the economy
 Policy making on international trade and investments
o Policy making process
o Involvement of agencies
 International agreements on trade and investments
o Pre-WTO agreements of the Philippines
o Post-WTO agreements

5. Course Requirements

 A brief paper that brings together several provisions in the Philippine Constitution related to the economy that
point towards non-negotiable aspects of possible trade agreements the country could have with other countries.

6. Grading System (if any)/Mode of Assessment/Evaluation:

 Submission of an acceptable paper will merit a Passing Grade of 80%.

A brief exercise pinpointing several provisions in the Philippine Constitution related to the economy that point towards
non-negotiable aspects of possible trade agreements the country could have with other countries.

7. Course References

 http://www.officialgazette.gov.ph/constitutions/
 http://www.chanrobles.com/1935constitutionofthephilippines.htm#.W0gwmNIzZPY