Group 1 Preamble and Article I

IPPINE CONSTIT
HIL UT
7 P IO
198 N
PREAMBLE
ARTICLE I: NATIONAL SECURITY
Drafted by an appointed Constitutional
ippine Cons
Commission that consisted of 48 members in 133
hil titu
days
P
Ratified by the people in a plebiscite (February 02,
1987)
Largely modeled on the American Constitution but
7
it
8
o
also incorporated Roman, Spanish, and Anglo law
9
n
Established a representative democracy
1
Consists of three parts:

Constitution of Government: the Executive, a
bicameral Legislature, and the Judiciary
Constitution of Liberty: Bill of Rights
Constitution of Sovereignty
18 articles and a preamble
SOURCES: Braid, F., & Azurin, R. (n.d.). Constitutional history of the Philippines. ConstitutionNet.
Retrieved October 18, 2021, from https://constitutionnet.org/country/constitutional-history-
philippines
Module 4
PREAMBLE
ETYMOLOGY - DEFINITION - CHANGES - ADDED WORDS - SIGNIFICANT TERMS
Preamble
"prologue, preface, preliminary statement"
From Late Latin praeambulus "walking before," from Latin
prae "before" + ambulare "to walk"
introduction to an important document
Tells the value, ideals, and aspirations of the Filipinos
foundation of the Constitution
aid in ascertaining the meaning of the provisions
mentioned in the Consitution
not a source of rights or obligations but a source of light
Tells us the authors, scope, and general purposes of the
Constitution
SOURCES: preamble | Origin and meaning of preamble by Online Etymology Dictionary. (n.d.). Online Etymology Dictionary. Retrieved October 18, 2021, from
https://www.etymonline.com/word/preamble
Civil Service Review TV. (2020, April 8). The Preamble of the 1987 Philippine Constitution, Its origin and the changes made on it. [Video]. YouTube. https://www.youtube.com/watch?
v=PiFWKpfeLW4
Montilla, A. (2012, August 4). Preamble [Slides]. SlideShare. https://www.slideshare.net/AprilYourHeroine/preamble-13874769
Bernas, J.G. (2012, April). CONSTITUTIONAL LAW
Kami, ang nakapangyayaring sambayanang Pilipino, na
humihingi ng tulong sa Makapangyarihang Diyos,
m
upang bumuo ng isang makatarungan at makataong
rea ble
lipunan at magtatag ng isang Pamahalaan
P
nakakatawan sa aming mga mithiin at mga lunggatiin,
magtataguyod ng kabutihan sa bawat isa,
mangangalaga at magpapaunlad ng aming kamanahan,
at titiyak para saming sarili at angkanang susunod ng
FILIPINO VERSION mga biyaya ng kalayaan at demokrasya sa ilalim ng
pananaig ng batas at ng pamamahalang puspos ng
katotohanan, katarungan, kalayaan, pag-ibig,
pagkakapantay-pantay at kapayapaan, ay naglalagda
at naghahayag ng Konstitusyong ito.
SOURCE: Preamble – 1987 Philippines Explanation English, Tagalog Version. (2016, November
26). Law Booklet. Retrieved October 18, 2021, from https://lawbooklet.com/preamble-1987-
philippines-explanation-english-tagalog-version/
We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane
amb
society, and establish a Government that shall
re le
embody our ideals and aspirations, promote the
P
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 ENGLISH VERSION
this Constitution.
SOURCE: THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – PREAMBLE |

GOVPH. (n.d.). Official Gazette of the Republic of the Philippines. Retrieved October 18, 2021,
from https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-
of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-preamble/
AUTHORSHIP, SCOPE, AND PURPOSE
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.
CHANGES IN THE PREAMBLE *longest in the world
1973 Preamble 1987 Preamble
We, the sovereign Filipino people, imploring the aid We, the sovereign Filipino people, imploring the aid
of Divine Providence, in order to establish a of Almighty God, in order to build a just and humane
Government that shall embody our ideals, promote society, and establish a Government that shall
the general welfare, conserve and develop the embody our ideals and aspirations, promote the
patrimony of our Nation, and secure to ourselves and common good, conserve and develop our
our posterity the blessings of democracy under a patrimony, and secure to ourselves and our
regime of justice, peace, liberty, and equality, do posterity, the blessings of independence and
ordain and promulgate this Constitution. democracy under the rule of law and a regime of
truth, justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.
SOURCES: 1973 Constitution of the Republic of the Philippines | GOVPH. (n.d.). Official Gazette of the Republic of the Philippines. Retrieved October 18, 2021, from
https://www.officialgazette.gov.ph/constitutions/1973-constitution-of-the-republic-of-the-philippines-2/
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – PREAMBLE | GOVPH. (n.d.). Official Gazette of the Republic of the Philippines. Retrieved October 18, 2021, from
https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-preamble/
CHANGES IN THE PREAMBLE
imploring the aid of Divine Providence imploring the aid of Almighty God
EXPLANATION: to make it direct and personal; recognize the influence

of religion in the Philippines
SOURCE: Civil Service Review TV. (2020, April 8). The Preamble of the 1987 Philippine Constitution, Its origin and the changes made on it. [Video]. YouTube.
https://www.youtube.com/watch?v=PiFWKpfeLW4
in order to establish a Government in order to build a just and human
society, and establish a
Government
EXPLANATION: also provide for building a nation where every

individual should be treated fairly before the law
general welfare common good
EXPLANATION: majority vs. everyone; all efforts and rules of the

government should be for the welfare of all the people without exemption
the patrimony our patrimony
EXPLANATION: "our patrimony" signifies that the natural resources of the

Philippines are for all Filipinos
NEW WORDS ADDED IN THE PREAMBLE
We, the sovereign Filipino people, imploring the aid We, the sovereign Filipino people, imploring the aid
of Divine Providence, in order to establish a of Almighty God, in order to build a just and humane
Government that shall embody our ideals, promote society, and establish a Government that shall
the general welfare, conserve and develop the embody our ideals and aspirations, promote the
patrimony of our Nation, and secure to ourselves and common good, conserve and develop our
our posterity the blessings of democracy under a patrimony, and secure to ourselves and our
regime of justice, peace, liberty, and equality, do posterity, the blessings of independence and
ordain and promulgate this Constitution. democracy under the rule of law and a regime of
truth, justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.
SOURCES: 1973 Constitution of the Republic of the Philippines | GOVPH. (n.d.). Official Gazette of the Republic of the Philippines. Retrieved October 18, 2021, from
https://www.officialgazette.gov.ph/constitutions/1973-constitution-of-the-republic-of-the-philippines-2/
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – PREAMBLE | GOVPH. (n.d.). Official Gazette of the Republic of the Philippines. Retrieved October 18, 2021,
from https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-preamble/
aspirations
signifies the dreams of Filipinos
independence
emphasize that we are a free nation and does not owe any allegiance to any foreign
power
rule of law
means no one, not even the government, is above the law
ours is a rule of law and not of men
truth
emphasize the need for transparency and honesty of the public officials
protest against the deception that characterized the Marcos regime
love
without love, we will not overcome the division in our society
monument to the love that prevented bloodshed in February Revolution
OTHER SIGNIFICANT TERMS
We
stresses the active and sovereign role of the Filipino people as the author of the
Constitution
sovereign
emphasize that the Filipino people ordain and promulgate the Constitution on their
own authority as a sovereign people without intervention from a foreign power
SOURCE: Bernas, J.G. (2012, April). CONSTITUTIONAL LAW

OTHER SIGNIFICANT TERMS
Filipino people
signify oneness and solidarity of the Filipinos
equality
emphasizes that the prevalence of gross economic and political inequalities is a
major problem in the Philippines

ARTICLE I
NATIONAL TERRITORY
Article I 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.
SOURCE: THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES –

PREAMBLE | GOVPH. (n.d.). Official Gazette of the Republic of the Philippines. Retrieved
October 18, 2021, from https://www.officialgazette.gov.ph/constitutions/the-1987-
constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-
the-philippines-preamble/
FORCE OF ASSERTION OF A TERRITORIAL CLAIM IN
A CONSTITUTION
A Constitution is municipal law. It binds only the nation promulgating it.

A territorial claim will bind internationally only if it is supported by proof that can stand
in international law.


REASON FOR EXISTENCE OF DEFINITION OF
NATIONAL TERRITORY IN THE CONSTITUTION
In the 1935 Constitution
forestall dismemberment of Philippine territory by the United States government


for the preservation of the national wealth, for national security, and as a manifestation of our solidarity
to project in the Constitution Philippine adherence to the "archipelagic principle"


educational value
it would be difficult to explain why the new Constitution should fail to provide one given the 1935 and 1973
provisions

SCOPE
(1) Philippine archipelago

(2) all other territories over which the Philippines has sovereign or jurisdiction
(3) the territorial sea, the seabed, the subsoil, the insular shelves, other submarine
areas

(1) and (2) consist of terrestrial, fluvial, and aerial domains.

NATIONAL TERRITORY
TERRESTRIAL DOMAIN
The land under the sovereignty or jurisdiction of the Philippines
FLUVIAL DOMAIN
The internal and external waters under the sovereignty or jurisdiction of the
Philippines
AERIAL DOMAIN
The airspace above land and water up to where the outer space begins
SOURCE: Civil Service Review TV. (2020b, April 14). ARTICLE 1 of the Philippine Constitution: The National Territory of the Philippines [Video]. YouTube. https://www.youtube.com/watch?
v=AuHQvtQSbyQ
EXACT LOCATION
Treaties that delineated Philippine territory:

Treaty of Paris of December 10, 1898
as modified by:
Treaty of Washington of November 07, 1900
Treaty with Great Britain of January 02, 1930

The new Constitution follows the lead of the 1973 Constitution in not mentioning these
treaties so as to erase every possible trace of our colonial history.

"ALL OTHER TERRITORIES OVER WHICH THE
PHILIPPINES HAS SOVEREIGNTY OR JURISDICTION"
Any territory which belongs or might belong to the Philippines through internationally
accepted modes of acquiring territory.

includes:
territories over which the present Government of the Philippine Islands exercises
jurisdiction - 1935 Consitution
(a reference to Batanes Islands)
territories belonging to the Philippines by historic right or legal title - 1973
Constitution
(Sabah, the Marianas, Freedomland)
PHILIPPINE CLAIM TO SABAH
Dropping the phrase "belonging to the Philippines by historic right and legal title"
does not mean the Philippines drop its claim to Sabah.

Used "over which the Philippines has sovereignty or jurisdiction" to avoid the use of
language historically offensive to Malaysia.
This clause neither claims or disclaims Sabah.

US MILITARY BASES
US Military Bases in the Philippines were still part of Philippine territory.

The Philippine government could cede part of its authority over these bases to the
United States because they were part of the Philippine territory over which the
government has sovereignty.

EXTENT OF THE PHILIPPINE CLAIM
To the extent recognized by international law.

The definition of these areas and right are provided in the 1982 Convention on the Law
of the Sea and the Chicago Convention on International Civil Aviation of 1944.

1982 CONVENTION ON THE LAW OF SEA AND
PHILIPPINE POSITION ON THE ARCHIPELAGIC
PRINCIPLE
The 1982 Convention on the Law of Sea does not exactly accept the Philippine
position on the archipelagic principle.

Distinction:
The Philippines considers the vast area of water between islands as internal waters
therefore not subject to the right of innocent passage.

The 1982 Convention on the Law of Sea considers these waters as "archipelagic
waters" and subject to the right of innocent passage.

1982 CONVENTION ON THE LAW OF SEA AND
PHILIPPINE POSITION ON THE ARCHIPELAGIC
PRINCIPLE
The Philippines has not recognized this distinction because it is contrary to what
Article I says about these waters being internal.

"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."

Archipelagic Doctrine
as enshrined in Article 1 of the 1987
Constitution, provides that an Archipelago
shall be regarded as a single unit
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Philippine Archipelago
Archipelago refers to a chain or group of islands.
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Location: Malay Archipelago in Southeast Asia
Land Area: 300 000 sq. km Philippines
Number of Islands: 7 641
Major Islands
Luzon: 104 687.8 sq. km
Visayas: 57 201.9 sq. km
Mindanao: 94 630.1 sq. km
SOURCE: Penaroyo, J. (2014, January 30). 1987 Phil Constitution Article 1 [Slides]. SlideShare.
https://www.slideshare.net/JenniferPenaroyo/1987-phil-constitution-article-1
Lasco, G. (2017, March 30). From 7,107 to 7,641. INQUIRER.Net. Retrieved October 20, 2021, from
https://opinion.inquirer.net/102845/from-7107-to-7641
One Integrated Unit
The outermost layer of the archipelago is
connected with straight baseline.
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ONE INTEGRATED UNIT
BASELINES
lines that are drawn along the low water mark of an island or group of islands which
mark the end of the internal waters and the beginning of the territorial sea
drawn according to the provisions of the Law of the Sea
RA 9522
Baseline law of the Philippines
provides for one baseline around the archipelago and separate baselines for the
"regime of islands" outside the archipelago

Internal Waters of the Philippines
waters around, between, or/and connecting
the islands of the archipelago
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Maritime Zones
determines a country's maritime territory
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MARITIME ZONES
12 NM
The Philippines has sovereignty
Innocent passage allowed
24 NM
The Philippines may exercise control
200 NM
ships and submarines can freely travel
The Philippines has no sovereignty, only sovereign rights
v=AuHQvtQSbyQ
Thank you for listening!
Dolor - Gonzalvo - Tolentino

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IPPINE CONSTIT

Consists of three parts:

SOURCE: THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – PREAMBLE |

EXPLANATION: to make it direct and personal; recognize the influence

EXPLANATION: also provide for building a nation where every

EXPLANATION: majority vs. everyone; all efforts and rules of the

EXPLANATION: "our patrimony" signifies that the natural resources of the

SOURCE: Bernas, J.G. (2012, April). CONSTITUTIONAL LAW

SOURCE: Bernas, J.G. (2012, April). CONSTITUTIONAL LAW

SOURCE: THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES –

SOURCE: Bernas, J.G. (2012, April). CONSTITUTIONAL LAW

In the 1973 Constitution

In the 1987 Constitution

SOURCE: Bernas, J.G. (2012, April). CONSTITUTIONAL LAW

(1) Philippine archipelago

(1) and (2) consist of terrestrial, fluvial, and aerial domains.

SOURCE: Bernas, J.G. (2012, April). CONSTITUTIONAL LAW

Treaties that delineated Philippine territory:

SOURCE: Bernas, J.G. (2012, April). CONSTITUTIONAL LAW

SOURCE: Bernas, J.G. (2012, April). CONSTITUTIONAL LAW

US Military Bases in the Philippines were still part of Philippine territory.

SOURCE: Bernas, J.G. (2012, April). CONSTITUTIONAL LAW

To the extent recognized by international law.

SOURCE: Bernas, J.G. (2012, April). CONSTITUTIONAL LAW

SOURCE: Bernas, J.G. (2012, April). CONSTITUTIONAL LAW

SOURCE: Bernas, J.G. (2012, April). CONSTITUTIONAL LAW

SOURCE: Bernas, J.G. (2012, April). CONSTITUTIONAL LAW

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