PHILIPPINE

CONSTITUTION
Hector S. De Leon
 A. THE STUDY OF POLITICAL SCIENCE

Political Science

-The systematic study of the state and government

Scope:

1. POLITICAL THEORY- origin, form, behavior and purposes of the state

2. PUBLIC LAW-
The - organization of governments
- limitations upon government authority
- powers and duties of government officers
- obligations o one state to another

Constitutional Law
Subdivisions Administrative Law
International Law
(Private Law: governs the relations among individuals)

3. PUBLIC ADMINISTRATION- methods and techniques used in the management of state affairs by
the: Executive
Legislative and
Judiciary branches of the government

-administrative law falls here

FUNCTION AND IMPORTANCE OF POLITICAL SCIENCE

 To discover the principles that should be adhered to in public affairs

 To study the operations of the government in order to demonstrate what is good
 To criticize what is bad or inefficient and to suggest improvements
 May be of practical use to lawmakers

B. CONCEPTS OF STATE AND GOVERNMENT

STATE- is a community of persons more or less numerous, permanently occupying a definite portion
of territory, having a government of their own to which the great body of inhabitants render
obedience, and enjoying freedom from external control

 The Philippines is a State

Elements of State

1. PEOPLE
2. TERRITORY- terrestrial, fluvial, maritime, aerial
3. GOVERNMENT- agency through which the will of the state is formulated, expressed and carried
out
4. SOVEREIGNITY- the supreme power of the state to command and enforce obedience to its will
from the people within its jurisdiction
Two manifestations:

1. Internal- the power of the state to rule within its territory

2. External- the freedom of the state to carry out its activities without subjection to or
control by other states (independence)

-not absolute because of the development of international relations

STATE NATION
Political concept Ethnic Concept
Group of people bound together by
certain characteristics
Not subject to external control May or may not be independent of
external control
A single state may consist of one or A single nation may be made up of
more nations or peoples several states
 The Philippines is a state composed of one nation
 US is a melting pot of several nationalities
 The Arab nation is divided politically into several foreign states (Egypt, Saudi, Jordan, Syria…)

PURPOSE AND NECESSITY OF GOVERNMENT

1. Advancement of the public welfare

-for the protection of society and its members
-security of persons and property
-administration of justice
-preservation form external danger
-advancement of well-being of people

2. Consequence of absence
-without organized structure of government, anarchy and disorder, and general feeling of fear
and insecurity will prevail in society
FORMS OF GOVERNMENT

1. AS TO NUMBER OF PERSONS EXERCISING SOVEREIGN POWERS

Absolute Monarchy

MONARCHY

Limited Monarchy

ARISTOCRACY

Direct/ Pure Democracy

DEMOCRACY

Indirect Representative or Republican Democracy

Monarchy- the supreme and final authority is in the hands of a single person without regard to the
source of his election

Absolute Monarchy- the ruler rules by divine right

Limited Monarchy- the ruler rules in accordance with a constitution

Aristocracy- political power is exercised by a few privileged class which is known as aristocracy or
oligarchy

Democracy- political power is exercised by a majority of the people

Direct/Pure Democracy- the will of the state is formulated or expressed directly and
immediately through the people in a mass meeting or primary assembly.

Indirect Representative or Republican Democracy- the will of the state is formulated or

expressed through the agency of a relatively small and select body of persons chosen by the
people to act as their representatives

2. AS TO EXTENT OF POWERS EXERCISED BY THE CENTRAL OR NATIONAL GOVERNMENT

UNITARY GOVERNMENT- the control of national and local affairs is exercised by the central of national
government

FEDERAL GOVERNMENT- the powers of the govt is divided between National affairs and Local affairs
each organ being supreme in its own sphere. US is a Federal government
Requisites of a Good Written Constitution

Brief

As to FORM Broad

Definite

As to CONTENT- should contain atleast 3 sets of provisions

1. Constitution of Government
-dealing with the framework of the government and its powers
2. Constitution of Liberty
-sets forth the fundamental rights of people
-imposing limitations on government power to secure enjoyment of these rights
3. Constitution of Sovereignty
-pointing out the mode/ procedure for amending or revising the constitution

CONSTITUTION vs STATUTE

Legislation direct from the people Legislation from people’s representatives

Merely states the general framework of the law Provides details of the subject to which it treats
and government
Intended not merely to meet existing conditions Intended primarily to meet existing conditions
but to govern the future only
Supreme/ fundamental law Statutes and other laws must conform to the
constitution

Authority to Interpret the Constitution

1. Any Individual
2. Authoritative Interpretations -can only be given by those charged with official duties (executive,
legislative, judicial)

Function- primarily belongs to the courts

Purpose in Interpreting the Constitution

 The fundamental purpose in construing constitutional provisions is to ascertain and give

effect to the intent of the framers and of the people who adopted or approved its
amendments.
THE 1987 CONSTITUTION

-drafted by a Constitutional Commission

Law Governing the Constitutional Commission of 1986

-to organize the Constitutional Commission, to provide for the details of its operation and
establish the procedure for the ratification or rejection of the proposed new constitution

Constitutional Commission

 Shall be composed of not more than 50 national, regional and sectoral representatives who
shall be appointed by the president
 Was composed of only 48 members (42 men and 6 women) with preponderance of lawyers

Merits and Demerits of an Appointive Framing Body

 Not expensive and time-consuming; we could not afford election because of lack of funds
and time is of the essence in view of the instability inherent in revolutionary government
 Susceptible to the charge of lack of independence and the suspicion of pressure and even
manipulation by the appointing power.

BASIC PRINCIPLES UNDERLYING THE NEW CONSTITUTION

1. Recognition of the aid of Almighty God

2. Sovereignty of the People
3. Renunciation of War as an Instrument of National Policy
4. Supremacy of Civilian Authority Over the Military
5. Separation of Church and State
6. Recognition of the Importance of the Family as a Basic Social Institution and of the Vital Role of
the Youth in Nation Building.
7. Guarantee of Human Rights
8. Government through Suffrage
9. Separation of Powers
10. Independence of the Judiciary
11. Guarantee of Local Autonomy
12. High sense of Public Service Morality and Accountability of Public Officers
13. Nationalization of Natural Resources of certain Private Enterprises affected with Public Interest
14. Non-suability of the State
15. Rule of Majority
16. Government of Laws and Not of Men
 RULE OF MAJORITY

Instances

a. Majority vote of members of congress

-necessary to elect the Senate President and the Speaker of the House of
Representatives
-to concur a grant of amnesty
-to pass a law grating tax exemptions
-in case of the tie in the election for president or vice president, the president shall be
chosen by the majority vote of all the members of both Houses of Congress

b. Two-thirds Majority
-to expel or suspend a member of either house
-to declare existence of State of War
-to reconsider a bill vetoed by the president
-to call a constitutional convention
-to concur to a treaty or international agreement
-to render a judgment of conviction in impeachment cases

c. Three-fourths
-proposal on amendment to or revision of the Constitution (and shall be valid when
ratified by a majority of the votes cast in a plebiscite)

d. Decisions of the Supreme court en Banc have to be concurred in by a majority of the members
who actually took part in the deliberations on the issues in the case and voted thereon,
To pronounce a treaty, international or executive agreement, or law unconstitutional.

GOVERNMENT OF LAW AND NOT OF MEN

-no man in this country is above or beyond the law. Every man, however high and mighty his station may
be, possesses no greater rights than every other man in the eyes of the law.

Government of Law

-is a limited government

-it has only the powers given to it by the constitution and laws, and may not go beyond the grants and
limitations set forth therein. Its authority continues only with the consent of the people in whom
sovereignty resides.

Preamble

-technically forms no integral part of our constitution. Of itself alone, it cannot be invoked as a source of
a private right enforceable by the courts.
 ARTICLE I
NATIONAL TERRITORY

Section 1

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.

Terrestrial- Land
Fluvial- relating to or living in a stream or river
Aerial- atmosphere/ air

-to avoid future conflicts with other nations

Territorial Sea- part of the sea extending 12 nautical miles (19kms) from the low-watermark

-aka “marginal sea” or “marginal belt”

Seabed (sea floor / sea bottom)- land that holds the sea, including mineral and natural resources

Subsoil-everything beneath the surface soil and the seabed, including mineral and natural resources.

Insular shelves / continental shelves- the submerged portions of a continent or offshore island

Three- fold division of navigable waters

Jurisdiction:
Inland / Internal waters:
-parts of the sea within the land territory Generally known as: Territorial Waters of
-rivers, canals, lakes within state territory the State.
-aka national waters -The state exercises sovereignty but foreign
Territorial Sea vessels have the right of innocent passage
-Belt of water outside and parallel to the through the territorial sea
coastline or to the outer limits of the inland/
internal waters
High/ Open seas International waters
-the waters that lie seaward of the territorial -not subject to sovereignty of any state
sea -every state has equal right of use
 ARTICLE II

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.

Renunciation of war
as an instrument of national policy

-In accordance with the principle in the United Nations Charter binding all members to “refrain in their
international relations from the threat or use of force against the territorial integrity or political
independence of any State.”

-The renunciation refers only to the renunciation by the Philippines of aggressive war, not war in
defense of her national honor and integrity. Men and nations cannot waive in advance the basic right of
self-preservation.

Article VI Sec 23: 2/3 of members of Congress voting separately may declare the existence of a state of
war

Adoption of the Generally Accepted Principles of

International Law as Part of our Law

1. When International Usage to be applied

-in the absence of any treaty, executive order, legislative act, or judicial decision

2. A treaty has a force of a statute (same weight)

-in case of a conflict: treaty > statute

3. Constitution Prevails over a treaty

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 national territory.

1. Inherent in Republican system

2. A safeguard against military dictatorship- a civilian, the president is the commander-in-chief of
all Armed Forces of the Philippines.
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.

-The State fulfills this prime duty by pursuing and implementing the state policies mandated by the
constitution in sections 7 to 28

1935 and 1973 consti: The Defense of the State is the prime duty of the government
-anachronistic concept
-taken from the constitution of the Spanish Republic

Defense of the State by the people

against foreign aggression

-for “self-preservation”, and to defend its territorial honor and integrity, the Philippines can
engage in defensive war.

Military and Civil Service by the People

1. Defense of the State performed through an army

-this principle is reinforced by the provision of a formation of a citizen armed force

2. Compulsory

3. Civil Service- Any service for the defense of the state other than as soldiers

4. Personal- one cannot render the service required for the other

5. By Law- “under the conditions provided by law’ is intended to prevent arbitrariness on the part of
certain officials to require military of civil service.

Sec 5.

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

 Maintenance of peace and order- Article XVI, Section 6

 Protection of Life, Liberty, and Property- Article III, Section 1
 Promotion of the general welfare or the common good
Section 6

The separation of the church and state shall be inviolable (never to be broken)

Implied from:

Article III, Section 5- No law shall be made respecting an establishment of religion

Article VI, Section 29- No public money/property shall ever be appropriated directly/ indirectly for the
use, benefit, or support of any sect, church, denomination

The term “church” as used in the constitution, covers all faiths.

Meaning of establishment of religion clause:

 The State shall have no official religion

 The State cannot set up a church
 Every person is free to profess belief or disbelief in any religion
 Every religious minister is free to practice his calling
 The state cannot punish a person for professing or entertaining a religious belief or disbelief

-Should not be interpreted as hostility to religion

STATE 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.

FOREIGN POLICY

 Set of guidelines followed by a government of a country in order to promote its national

interest through the conduct of its relations with other countries

Congress and the President – shares the responsibility of formulating the country’s foreign policy.

The conduct thereof is primarily reposed in the executive department.

President- formulates our foreign policy principally with the help of Department of Foreign Affairs

Basic Foreign Policy objectives:

1. To establish friendly relations with all countries of the world

2. To promote as much beneficial relations with them particularly in economic and trade activities

** New realities or new situations may require Philippines to make a reappraisal of the conduct of its
foreign relations. Ours must be a policy of flexibility and pragmatism guided only by the welfare of our
people and the security of our republic.
Section 8

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

-exception: use for medicine, agricultural and other peaceful and beneficial purposes.

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 poverty through policies that provide adequate
social 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

-The state must give preferential attention to the welfare of the less fortunate members of the
community – the poor, the underprivileged, those who have less in life

-Discussed fully under Article XIII

Section 11

The state values the dignity of all human person and guarantees full respect for human rights.

-Cannot be taken away by the lawmaking body

-It is the duty of the state to enact measures and develop programs that will promote human dignity and
protect the people from threat or violence.

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.

 Family as a basic autonomous social institution

 Protection of life of the mother and life of the unborn from conception
  Youth’s civic efficiency and moral character

-The government may not enact any law or initiate measures that would break up or weaken the family
as a social unit

-not interfere in purely internal family matters which do not involve the social order or any public policy

Right of the unborn from conception and of the mother

Conception- from this moment, the unborn child is a possessor of human rights
-once conceived, a child has a right to be born

-this provision prevents the possibility of abortion to be legalized by future legislation

**The sacrifice of the life of the unborn when medically established as necessary to save the life of the
mother is NOT abortion.

Rearing of the youth for civic efficiency and development of moral character

1. Duty of both parents and government- proper education and training

2. Right of the state to interfere with the education of children
The State has the power to:
-regulate all schools, their teachers and their pupils
-require that all children of proper age attend school
-that teachers shall be of good moral character and patriotic disposition
-teach studies essential to good citizenship
-nothing be taught which is inimical to public welfare

3. The State and Parental Obligations

Family- has the natural and primary responsibility to educate the children

State’s duty- to see that these obligations are fulfilled by parents (compulsory education laws)
-supply essential educational facilities

Section 13

The State recognizes the vital role of the youth in nation-building and shall promote and
protect their physical, moral, physical, intellectual, and social well-being. It shall incalculate in the
youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

-recognizing their vital role in shaping the country’s destiny.

Section 14
 The state recognizes the role of the women in nation-building, and shall ensure the
fundamental equality before the law of women and men.

-The traditional view that the role of women is primarily child-bearing and child-rearing and performing
household chores should be abandoned.

Equality with men before the law

-it is the duty of the state to ensure this by ending all practices and systems that are
disadvantageous to women or discriminate against them by reason of merely sex.

-equality of men and women in employment, etc.

Section 15

The state shall protect and promote the right to health of the people and instill health
consciousness among them.

Health- physical, social, mental well-being

**discussed lengthily under Art XIII, Sec 11-13

Section 16

The state shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.

Recognition of degradation of Philippine environment- caused by rapid urbanization, industrial growth,

natural resources utilization, etc.

-need for environmental protection program