2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} 26 TEXTBOOK ON THE PHILIPPINE CONSTITUTION the Constitution proposed by the 1971 Constitutional Convention had been, ratified by the Filipino people and had thereby come into effect. (3) Amendments. — The 1973 Constitution had been amended on four occasions. Among the important amendments are: (a) that making the then incumbent President, the regular Presi- dent and regular Prime Minister; (b) that granting concurrent law-making powers to the President which the latter exercised even after the lifting of martial law in 1961; (c) that establishing a modified parliamentary form of government; (d) that permitting natural-born citizens who have lost their citi- zenship to be transferees of private land, for use by them as residence; (e) that allowing the “grant” of lands of the public domain to quali- fied citizens; and (f) that providing for urban land reform and social housing pro- gram. ‘The 1987 Constitution. (D Framing and ratification. — The 1987 Constitution was drafted by a Constitutional Commission created under Article V of Proclamation No. 3 issued on March 25, 1986 which promulgated the Provisional Constitution or “Freedom Constitution” following the installation of a revolutionary government “through a direct exercise of the power of the Filipino people.” (a) Pursuant to Proclamation No. 3, the President promulgated on April 28, 1986 Proclamation No. 9, the “Law Governing the Constitu- tional Commission of 1986,” “to organize the Constitutional Commis- sion, to provide for the details of its operation and establish the proce- dure for the ratification or rejection of the proposed new Constitution.” Under the Proclamation, the Constitutional Commission “shall be composed of not more than fifty (50) national, regional. and sectoral rep- resentatives who shall be appointed by the President.” As constituted, the Commission was composed only of forty-eight (48) members — forty- two (42) men and six (6) women, with a preponderance of lawyers — because of the withdrawal of an opposition appointee and non-accept- In cases involving the above proclamation, the Supreme Court on March 31, 1973, by a vote of six (6) to four (4), disminaed all the petitions fled, It said that “this being the vote of the majority thore is no further obstacle to the new Constitution being considered in force and effect.” There was, however, no ruling-that the 1973 Constitution has been validly ratified, beesuse six (6) out of ten (10) justiees held that there was no valid ratification, but the votes were not enough to declare that the Constitution was not in force, In subsequent cases, the Suprome Court recognized the validity af the 1973 Constitution. davellana vs. Executive Sceretary, ef ol.; Tan vs. Executive Secretary: Roxas vs. Melchor, Monteciaro vs. Executive Secretary, Dilag vs. Executive Secretary, 6 SCRA 1048, March 31, 1973. See also Aquino vs, COMELEC and National Treasurer, 62 SCRA 270, Jan, 31, 1975, hitpsonine.anyfip.comafisjmymobilfindex niiip=120 ane2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} INTRODUCTION a7 E. Constitution of the Republic af the Philippines ance by the Iglesia ni Kristo of the President's offer to submit a nomi- nee. (b) The Constitutional Commission, which marked the fourth exer- cise in the writing of a basic charter in Philippine history since the Malolos Constitution at the turn of the century, convened on June 2, 1986 at the Batasang Pambansa Building in Diliman, Quezon City. With the Malolos Constitution of 1898, the 1935 Constitution, and the 1973 Constitution as “working drafts,” the Commission in addition to committee discussions, public hearings, and plenary sessions, conducted public consultations in different parts of the country. (c) The proposed new Constitution was approved by the Constitu- tional Commission on the night of Sunday, October 12, 1986, culminat- ing 183 days of work, by a vote of 44-2. A Commissioner” signed subsequently by affixing his thumbmark at his sickbed on October 14, 1986 so that he actually voted in favor of the draft, Another Commis- sioner had resigned earlier. The two Commissioners® who dissented also signed “to express their dissent and to symbolize their four (4) months of participation in drawing up the new Constitution.” (4) The Constitutional Commission held its final session in the morning of October 15, 1986 to sign the 109-page draft consisting of a preamble, 18 Articles, 321 Sections and about 2,000 words — after which, on the same day, it presented to the President the original copies in English and Filipino. It was ratified by the people in the plebiscite held on February 2, 1987. Tt superseded the Provisional Constitution which had abrogated the 1973 Charter (2) Merits and demerits of an appointive framing body. — Admittedly, there were some merits or advantages in delegating the drawing up of the new charter to an appointed Constitutional Commission rather than to an elected Constitutional Convention. (a) For one, the Constitutional Commission was rut expensive and time-consuming, as was our experience with the 197] Constitutional Convention and it was thus practical because the country could not then afford the cost of electing delegates because of lack of funds, and time was of the essence in view of the instability inkerent in a revolutionary govern- ment and the need to accelerate the restoration to full constitutional democracy. “This does not include the 1943 Constitution which wus drafted and ratified by a special National Convention of the Kapisanan sa Paglilingkod sa Bagong Pilipinas (KALIBAPT) ‘when the Philippines was under Japanese occupation from 1942-1944 during World War 1 "Decoroso R. Rosales, St. Luke's Hospital, Quezon City. “Lino O. Brocks. “iJose E, Suarez and Jaime 8.L. Tadeo 17,059,495 voted *yes" (76.87% of the total votes cust) us against 5,058,714 represent ing “no” votes (22.65% 1 with 207,730 abstentions. hitpsonine.anyfip.comafisjmymobilfindex niiip=120 ame2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} 28 TEXTBOOK ON THE PHILIPPINE CONSTITUTION (b) However, the strongest and most fundamental argument pro- pounded against this method is that an appointive body is susceptible to the charge of lack of independence and the suspicion of pressure and even manipulation by the appointing power. The writing of a Constitu- tion as the highest expression of the people's “ideals and aspirations” to serve the country for generations to come is a political exercise of transcendental importance in a republican democracy and, therefore, only those directly elected and empowered by the people must be entrusted with the task to discharge this grave and solemn responsibil- ity.” (3) Need to cure defect in the Constitution. — To have a truly demo- cratic and constitutional government, it is absolutely necessary that the Constitution be initially drafted by duly elected members of a representa- tive constituent assembly or convention and later on approved by the people in a plebiscite. Some see the need to straighten out the present Constitution which was drafted by non-elective commissioners and ratified under the authority of a revolutionary government, The theory is posited that having it amended by elected delegates and having constitutional amendments ratified under the democratic government, we will have now cured any defect in its formulation and ratification. Basic principles underlying the new Constitution. The 1987 Constitution is founded upon certain fundamental principles of government which have become part and parcel of our cherished demo- cratic heritage as a people. A knowledge of these principles is, therefore, essential to a proper understanding of our organic law. Among these principles as contained in the new Constitution are the following: (1) Recognition of the aid of Almighty God (see Preamble.); (2) Sovereignty of the people (see Art. II, Sec. 1.); (3) Renunciation of war as an instrument of national policy ‘see Ibid., Sec. 2.); (4) Supremacy of civilian authority aver the military ‘see [bid., See Ba; (5) Separation of church and State (see Ibid., Sec. 6.» The fact, however:that the members of the Constitutional Commission were selected ‘and appointed by the President from alist of nominees does not necessarily establish that it was not representative of the sovereign will of the Filipino pvople or that the new Constitu- tion feils to express their will as to what the supreme law ought to be. Conversely, a constitutional convention. like the ones we have had in 1985 and 1971. may not always be reflective of the sentiments or desires of the majority of the people who elected its delegates. “See “Thoughts: RP Constitution,” by former President Diesdado Macapagal, Manila Bulletin, p. 7, Feb. 5, 1989. hitpsonine.anyfip.comafisjmymobilfindex niiip=120 aia2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} INTRODUCTION 29 F. Constitution of the Republic of the Philippines (8) Recognition of the importance of the family as # basic social institu- tion and of the vital role of the youth in nation-building (see Ibid., Secs. 12, 13; Art. XV.j; (7) Guarantee of human rights (see Art. ITI, Sees. 1-22.); (8) Government through suffrage (see Art. V, Sec. 1.); (9) Separation of powers (see Art. VI, See. 1.); (40) Independence of the judiciary (see Art. VIII, See. 1.); (11) Guarantee of local autonomy (see Art, X, Sec. 2.); (12) High sense of public service morality and accountability of pul officers (see Art XJ, See. 1.); (13) Nationalization of natural resources and certain private enter- prises affected with public interest (see Art. XII, Sees. 2, 3, 17, 18.); , (14) Non-suability of the State (see Art. XVI, See. 3.); (15) Rule of the majority; and (16) Government of laws and not of men. ‘The ahove principles (except Nos. 15 and 16) are discussed under the corresponding provisions indicated. Rule of the majority. (1) Concept. — The observance of the rule of the majority is an unwritten law of popular (i.e. democratic) government. The wishes of the majority prevail over those of the minority. It does not mean that the minority is left without rights. It is given certain fundamental rights, like the right to express their opinions, or to protest the acts of the majority although it is bound to abide by the decision of the latter. (2) Instances. —In many instances, the rule of the majority is observed in our government. Thus, under the new Constitution: (a) A majority vote of all the respective members of the Congress is necessary to elect the Senate President and the Speaker of the House of Representatives (Art. VI, Sec. 16{1],), and 2 majority of all the members of Congress to concur to a grant of amnesty (Art. VII, Sec. 19.) and to pass a law granting tax exemptions. (Art. VI, Sec. 28[ 41.) In case of a 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. (Art, VIL, Sec. 4.) (b) A two-thirds majority of all its respective members is required to suspend or expel a member of either House (Art. VI, Sec, 16/3].); of all the members of Congress to declare the existence of a state of war Majority” means af leas’ one-half plus one of a given number. hitpsonine.anyfip.comafisjmymobilfindex niiip=120 ama2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} 30 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Ubid., See. 23(2)., to reconsider a bill vetaed by the President (Jbid., Sec. 27(2|.). and to call a constitutional convention (Art. XVII, Sec. 3. and of all the members of the Senate to concur to a treaty or interna tional agreement (Art. VII, Sec. 21,) and to render a judgment of conviction in impeachment cases. (Art. XI, Sec. 316].) (ec) Any amendment to, or revision of, the Constitution may be proposed by Congress upon a vote of three-fourths of all its members tArt. XVIL, Sec. 1[1].), and it shall be valid when ratified by a majority of the votes cast in a plebiscite. (Jbid., Sec. 4.) (d) Decisions of the Supreme Court en banc have to be concurred in. by 2 majority of the members who actually took part in the delibera- tions on the issues in the case and voted thereon, to pronounce a treaty, international or executive agreement, or law unconstitutional x x x. (Art. VILL, See. 4.) In the Court of Appeals, the vote of at least the majority is necessary in many cases. Even in the passage of local ordinances, the rule of the majority is observed. (8) A practicable rule of law. — The device of the majority is a practica- ble rule of law based on reason and experience. Democracy assumes that in a society of rational beings, the judgment and experience of the many will, in most instances, be superior to the judgment and experience of the few; and hence, that the verdict of the majority will more likely be correct than that of the minority. It is, of course, to be understood that the majority acts within the pale of the law."* Government of law and not of men. (1) Concept. — By this principle, which is also known and has the same import as the rule of law, is meant that 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, (2) Exercise of government powers. — A government of laws, as con- tasted with a government of men, is a limited government, It has only the powers given it by the Constitution and laws. and it 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. Art. II, Sec. 1.) Where personal whims and uncontrolled discretion guide the conduct of governmental action, what exists is not a rule of law but a reign of men Ne “See Schmandt & Steinbicker, note 2, up. cit.. p. 265. ‘But where there are rational grounds for so doing, the law may constitutionally grant special rights or privileges to persona belonging to 2 class (e.g., to the President) which are denied to persons who are not similarly situated. (see Art. IU, See. 1.) “See V.G. Sinco, note 37, up. eit... p. 126. hitpsonine.anyfip.comafisjmymobilfindex niiip=120 sine2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} INTRODUCTION 31 E. Constitution of the Republic of the Philippines without law. All officers of the government, from the highest to the lowest, are creatures of the law and are, therefore, bound to obey it. A government that fails to enforce the law, in effect, fails to govern. (8) Observance of the law. -—'The same is true of private individuals in the community. They are also bound to respect the sovereignty of the law. A person may not agree with the wisdom and expediency of the law but it is, his duty to follow the law so long as it remains in the statute books. He cannot take the law into his own hands by reserting to violence or physical force to enforce his rights or achieve his ends without being criminally held liable for his action, - The principle thus protects most especially the liberties of the weak and underprivileged. (A) Significance of the principle, — It is basic that laws must be obeyed by all and applied to everyone — rich or poor, lowly or powerful — without fear or favor. The observance of the supremacy of the rule of law by officials, individuals, and the people as a whole is what will sustain our democracy and assure the existence of a truly free, orderly, and equitable society. (see Preamble.) Every citizen has thus a stake in the rule of law" as contrasted to the “rule of men.” Without it, there is only anarchy, or a mere semblance of order under a dictatorship. —000— “Proclamation No. 713 (Sept. 22, 2004) declares September of every year as “Rule of JL.aw" month, end for the Department of Education to implement programs and activities in the observance thereof. hitpsonine.anyfip.comafisjmymobilfindex niiip=120 ame2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} 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 un- der the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. Meaning of Preamble. ‘The term preamble is derived from the Latin preambulare which means “to walk before.” It is an introduction to the main subject. It is the prologue of the Constitution. Preamble not essential in a constitution. Technically speaking, the Preamble forms no integral part of our Con- stitution. Of itself alone, it cannot be invoked as a source of private right enforceable by the courts or of any governmental power not expressly granted or at least, clearly implied therefrom.* It is significant to note, however, that a majority of the constitutions of the world contain a preamble. Object and value of Preamble. (1) Sets down origin and purposes of the Constitution. — While a preamble is not a necessary part of @ constitution, it is advisable to have one. In the case of the Constitution of the Philippines, the Preamble which is couched in general terms, provides the broad outline of, and the spirit behind, the Constitution It serves two (2) very important ends (a) It tells us who are the authors of the Constitution and for whom ‘it has been promulgated; and sPucker on the Constitution, p. 381. ‘See 1, Story on the Constitution;-p. 361. R hitpsonine.anyfip.comafisjmymobilfindex niiip=120 mma2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} PREAMBLE hp S 33 {b) It states the general purposes which are intended to be achieved by the Constitution and the government established under it, and certain basic principles underlying the fundamental charter, (2) May serve as an aid in its interpretation. — The Preamble has a value for purposes of construction. The statement of the general purposes may be resorted to as an aid in determining the meaning of vague or ambiguous provisions of the Constitution proper. By way of illustration, the government is without power to impose taxes for private purpose because according to the Preamble it is established for public purpose — the promotion of the common good — and not for private purpose ‘Source of Constitution’s authority. (1) The Filipino people. — The Constitution begins and ends with the words, “We, the sovereign Filipino people, imploring the aid of Almighty God x x x, do ordain and promulgate this Constitution.” Thus, the Filipino people themselves (not just their representatives) are the source from which the Constitution comes and being so, it is the supreme Jaw of the land. ‘The Preamble retains the use of the term “Filipino people” to signify their oneness and solidarity. It is different from the term “people of the Philippines” which may refer to the entire body of inhabitants, a mere “aggrupation” of individuals, including aliens. (2) A sovereign people. — The Constitution calls the Filipino people “sovereign.” The first person approach consisting of the use of the pronouns “we” and “our” has also been retained instead of the impersonal third person approach (é.e., “the Filipino people” and “their”) in the Preamble of the 1935 Constitution. The intention is to stress that the Filipino people in ordaining and promulgating the Constitution do so on their own authority ag a sovereign people and not by virtue of the authority or permission given by a superior foreign power. Belief in God stressed. Our Preamble is in the form of a collective prayer. The Filipinos are intensely religious people. In imploring the aid of Almighty God, they declare and affirm their belief in the existence of a Supreme Being that guides the destinies of men and nations. They recognize the fact that with the help of God, they will be able to achieve the ideals and aspirations to which they are committed. In a sense, they acknowledge God as the source of their authority, : ‘The Philippines is the only predominantly Christian and partly Muslim nation in Asia and East Pacific Region." *Christianity and Islam are the two leading religions of mankind that co-exist in Philippine society today. Islam came to the southern Philippines at about the beginning of the 14th century, or even earlier, through foreign Muslim traders — and later mainly hitpsonine.anyfip.comafisjmymobilfindex niiip=120 ame2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} 34 TEXTBOOK ON THE PHILIPPINE CONSTITUTION National purposes and aims in adopting the Constitution. As set forth in the Preamble, they are: (1) To build a just and humane society; and (2) To establish a Government that shall: (a) embody our ideals and aspirations; (b) promote the common good; (c) conserve and develop our patrimony; and (a) secure to ourselves and our posterity the blessings of independ- ence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace. Attainment of the constitutional goals. (1) Root causes of our present problems. — After more than a half century of independent existence,’ the Philippines continues to be beset with pressing economic, political, and social problems usually associated with underdevelopment. To be sure, every administration has been respon- sible, one way or another, for the slow progress of our country. A simple analysis will revea! that the root causes of our country’s problems can be traced to a large extent to the government machinery itself — graft and corruption, political wrongdoings, blunders in economic policies, and mis- management, among others.’ ‘The public perception of these shortcomings plus the inability of the government to satisfy the basic needs of our increasing population, have engendered misgivings in the minds of many in the effectiveness of the existing system, and have, in fact, contributed to our lack of unity and oneness as a people.* (2) Government envisioned by the Constitution. — The two goals — to build the kind of society and to establish the kind of government set forth through Muslim missionaries. The intraduction of Christianity to the Filipinos began in 1565 when Miguel Lopez de Legazpi came to colonize the Philippines. Over 90% of the population today are Christians, mostly Catholics. Luzon and Visayas are «lmost entirely populated by the Christians. Even Mindanao is settled largely by Christians except for the provinces of Mayuindanao, Basilan, Sulu, Tawi-Tawi, Lanao del Sur, and Lanao del Norte where the ‘Muslims proponderate. ‘From the United States, with the proclomation of independence ard inauguration of the Republic of the Philippines on July 4, 1946. °To the credit of President Ramos, the Philippines, after three decades of turtle-paced ‘growth, has made much headway in its development efforts to achieve the atatus of a newly industrialized country by the year 2000, "This lack of national unity is exsily one of the main reasons why the Philippines has been loft far behind by its Asian neighbors that.up to 30 years, with the exception of Japan, were trailing the Philippines in oxports as well.es gross national product (GNP. (see Art. XM, See. 1.) % hitpsonine.anyfip.comafisjmymobilfindex niiip=120 gina2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} PREAMBLE 35 in the Preamble — are attainable only if the government actually estab- lished is of the character envisioned by the Constitution {a) That government must be democratic, i.e., based on the consent of the governed, and it must be so not only in its structure but more importantly, in its operation, (see Art. II, Sec. 1.) For instance, it is not enough that laws are just and humane — they must be applied justly and humanely; or that periodic elections are held — they must be clean and orderly and must accurately reflect the will of the electorate. (b) That government must be administered by honest, efficient and dedicated men and women who consider public office as a public trust. (Art. IX, Sec. 1.) (c) That government must be responsive to the people’s needs and expectations, exercising power and authority in view only of the com- mon good, always guided and controlied by the laws and the Constitu- tion. (3) Single biggest factor for nationat solidarity. — Such a government is beyond doubt, the single biggest factor for national solidarity for it commands the respect and confidence of the citizens in its integrity and competence and, therefore, can readily secure their support and coopera- tion behind great undertakings and, in times of grave crises, count on their joyalty and patriotism to make sacrifices, and if need be, to defend it and the democratic ideals and values (e.g., rule of law, respect for human dignity, freedom, equality) it stands for. (4) Key to a successful democracy. — Only when we succeed in estab- lishing a truly popular “government that shall embody our ideals and aspirations,” as intended by the Conatitution, can we overcome whatever Gifficulties and meet whatever challenges that we face today and that may confront us in the future. Only then cav we build for ourselves and the succeeding generations a vibrant democracy that can withstand the tough- est tests of events and assure a life of prosperity and progress, justice and dignity for all, especially the poor and the less privileged in our society who up to now constitute the vast majority of “the sovereign Filipino people.” see Art. II, Sees. 9-11.) Changes in the Preamble. (1) The Preamble, consisting of 75 words, is one of the world’s longest preambles. It has 15 words more than that of the 1973 Constitution, (2) The phrase Almighty God replaced “Divine Providence” in the 1935 and 1973 Constitutions which was considered vague and impersonal. The latter term was used in the 1973 Constitution as a compromise to accom- modate some atheists in the 1971 Constitutional Convention. Common good is used to refer to all the people in place of “general welfare” which is not as inclusive as it may be interpreted to refer only to the welfare of the greater majority (even to the great prejudice of the minority), and freedom hitpsonine.anyfip.comafisjmymobilfindex niiip=120 soma2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} 36 TEXTBOOK ON THE PHILIPPINE CONSTITUTION instead of “liberty” because the latter word does not cover freedom from ‘want, fear and ignorance. (3) Other amendments are the insertion of the following phrases and words: (a) to build a just and humane society, to stress that in ordaining and promaulgating the Constitution, the purpose is not only to establish a government but also such a society where inequalities or inequities in any form do not exist. This is especially relevant in our society today where there are so few with so much and so many with so little; {b) the rule of law (see Introduction-E.), the Constitutional Com- mission apparently having in mind the country’s experience of authori- tarian rule under the former regime which had been accused, among others, of human rights violations. electoral frauds and terrorism, suppression of discent, abuse of the decree-making power, and unequal application of the law; (c) aspirations, to stand for the unrealized dreams of the nation as distinguished from “ideals” which refer to accepted norms and senti- ments; (d) truth, to emphasize the constitutional policy of transparency in the administration of the government; and {e) love, as a directive principle of the Preamble together with truth, justice, freedom, equality and peace. In many parts of the coun- try today, intense partisan conflicts and political rivalries, not to men- tion the long-drawn communist armed rebellion and the secessionist movement in the south,’ and the repeated coup attempts by disaffected military rebels to overthrow the government," have engendered hatred, violence and tensions, and hinder our progress and development. With- out a sense of love to bind the Filipinos and make them show more compassion, concern and understanding for one another especially dur- ing these critical times when the country is confronted by vexing socio- politico-economic problems, national unity and peace so vitally needed in the great task of building a strong and stable nation, will remain an elusive goal. Farmed dissidence against the government has raged virtually without let-up since the ate 1940s, Lt was followed by the Hukbalahap rebellion, then beginning 1970, by a Maoist insurgency. The separatist rebellion among the Muslim communities of Sulu and Western Mindanao which took an increasingly religious color sturted an 1968 As of this writing, the Government is still ongaged in peace talks with the National Democratic Front (NDF), the political arm of the Communist Party of the Philippines (CPP. A final peace settlement has already beca forged with the Moro National Liberation Front (MNLF) in 1996, Now, the Government has to contend with a breakaway faction of the MNLF, the Moro Islamic Liberation Front (MILF which continues th support the secession of Mindanao, On October 19, 2001, the Philippine Government and the MILF inked a ceas fire operations pact at Kuala Lumpur, Malaysia, considered to be a big positive step towards achieving lasting peace. ‘ *During the administvation.of President CorardnC, Aquino (1986-1992), hitpsonine.anyfip.comafisjmymobilfindex niiip=120 wine2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} PREAMBLE 3 Incidentally, the new Constitution is the only one in the world to enshrine “love” in its text which can also be read as “human fraternity” or “brotherhood.” (4) The word independence in the 1935 text of the Preamble (which was almost an exact reproduction of the Preamble of the U.S. Constitution except for some alterations in phraseology) was changed to “democracy” in the 1973 Constitution for the reason that the term denotes the idea of a colonial status (which was existing at the time of the adoption of the 1935 Constitution), and it is long after 1946 when the Philippines had become legally independent. It is restored to stress our being an independent nation, “free to build and chart our own destiny, in our own time and in our own way.” Of course, there is no nation in the world that is truly independent. Each nation is to a certain degree dependent upon others, for no nation, no matter how progressive and prosperous, can be completely self-sufficient. ‘The constitutional goal is self-roliance and freedom from foreign control and intervention in the development of our national economy (see Art. IT, Sec. 19.) and the pursuit of our foreign poliey. (Ibid., Sec. 7.) (5) The words peace and equality were inserted in the 1973 Constitu- tion in view of the turbulence, and the waves of protest against “basic economic and social inequalities” then prevailing in the country at the time of the framing of the same. These conditions continued to exist up to the last days of the Marcos regime. While the idea which “equality” signifies is already embodied in the term “democracy,” it is imperative that emphasis should continue to be made in the new Charter of the egalitarian objec of our saciety. ves — 000— hitpsonine.anyfip.comafisjmymobilfindex niiip=120 ram2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} Article | 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 sover- eignty 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. Necessity of constitutional provision ‘on National Territory. ‘The Constitution begins with a delimitation of our national territory. (D) Binding force of suck provision under international law. —'There is no rule in international law which requires a State to define its territorial boundaries in its Constitution. The reason is that with or without such a provision, a State under international law has the unquestioned right to assert jurisdiction throughout the extent of its territory. Nor is such de- limitation binding upon other States who are not precluded from claiming title to territories which they think is theirs." In any case, territorial disputes have to be settled according to the rules of international law. (2) Value of provision defining our national territory. — Nevertheless, it is important to define as precisely as possible our national territory for the purpose of making known to the world the areas over which we assert title or ownership to avoid future conflicts with other nations. As a sover- cign State, the Philippines can promulgate and enforce laws within our country. Every other power is excluded from exercising dominion or juris- diction without the consent of the Philippines. ‘A constitution is not international law but only s stste laws aa euch, it is binding only on the state promulgating it, ss N hitpsonine.anyfip.comafisjmymobilfindex niiip=120 sana2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} See. 1 ART. I. — NATIONAL TERRITORY 39 International law recognizes the supreme authority of every state within its territory, although foreign sovereigns and diplomatic envoys are enti- ted to exemption from local civil and criminal jurisdietion.* (3) Acquisition of other territories. — Incidentally, the definition of our national territory in our Constitution does not prevent the Philippines from acquiring other territories in the future through any of the means (e.g., purchase, exchange, ete.) sanctioned by international law. « National Territory of the Philippines. As provided in Article I, it comprises: (1) The Philippine archipelago? with all the islands and waters em- braced therein;! (2) All other territories over which the Philippines has sovereignty or jurisdiction;’ . (3) The terrestrial, fluvial and aerial domains including the territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas thereof; and (4) The internal waters. (See. 1.) Meaning of archipelago. The term archipelago is derived from the Greek word pelagos meaning “sea.” It has been defined as a sea or part of a sea studded with islands, often synonymous with island groups,” or as a large group of islands in an extensive body of water, such as sea.” In other words, it includes both sea and islands which geographically may be considered as an independent whole. Other territories over which the Phitippines has sovereignty or jurisdiction. (1) The phrase “all the other territories belonging to the Philippines by ‘Every Filipino citizen, however, whether he is inside or outside the country, is subject ta the personal jurisdiction of the Philippines. Thus, he ean be made aubject to Philippine income tax *The Philippines. ue of the largest erchipelagos in the world, lies off the southeast const wrest to it are Malaysia and Indonesia on the south and Taiwan on the north. Its estimated 7.107 islands caver an area of about 800,440 square kilometers stretehini: in Aiscontinuous coastline of 1,850 kilometers from north to south. The Philip referred to ia ‘Geographically, the Philippines is composed of three main parts: Luzon in the north, ‘Visayas in the center, and Mindanso in the south. “Actual exercise of sovereignty is not essential to the acquisition or retention of sever- ignty rights over a territory. “See Glossary of Oceanographie ‘Terms (1960), U.S, Naval Oceanographic Office. "See Meritt Students Encyclopedia (1960. hitpsonine.anyfip.comafisjmymobilfindex niiip=120 sana2128123, 10:20AM ‘Textbook on the Philippine Constitution [Hector S De Leon} 40 ‘TEXTBOOK ON THE PHILIPPINE CONSTITUTION Soe. 1 historic right or legal title”’ in the former provision was amended as indicated above. The phrase acquired a definite meaning in the 1973 Constitution as a cover-all for pending Philippine claim to Sabah (formerly North Borneo) against Malaysia and the possible For example. a church may concern itself with a secular activity te. polities, violation ‘of human rights, graft end corruption. artificial birth contre!) which it believes is conducted or is in contravention of tho Taw of God and the common good and are inconsistent with christian values and principles. The Catholic Church. in particular. sees the renewal of the temporal order according to the gospel as falling within ita divine mission. In connection with the Day of Prayer for the Nation held on September 21, 1999 initiuted by the Catholic Church, the Arehhiahap of Manita issued a circular giving the main reasons why the church has @ mission in politics. as follows: First. because politics has a moral dirmonsion, Politics is a human activity. It may hurt or benefit people: Second, because thy Gospel and the Kingdum of God call the Church to political involvement, To proclaim the gospel for all ereation necessarily includes evengelizing the political world; Third, because the mission of the Church of integral salvation involves the political sphere. Meaning, salvation invelves the total person, soul and body, spiritual and tompor the salvation of the human person is from personal an social sina, In the political field, nately abound. jon was contained in elause (72, Section 1 of Article IU (Bill of Rights) of the on. It ix now cimbondied in Section 5, Article [1] in the 1987 Constitution as a separate provision hitpsonine.anyfip.comafisjmymobilfindex niiip=120 aria