SS4 (Philippine History, Government and

Constitution)

Concept of State and GovernmentConcept of ConstitutionThe PreambleAmendments and RevisionThe National TerritoryDeclaration of Principles and State

Policies

Content:

A 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 great body of inhabitants render obedience, and enjoying freedom from external control.

Meaning of State

PeopleTerritoryGovernmentSovereignty

InternalExternal

Elements of the State

Divine Right TheoryNecessity or Force TheoryPaternalistic TheorySocial Contract Theory

Origins of the State

1. State is a political concept while a Nation is an ethnic concept.

2. State is not subject to external Control, while a Nation may or may not be subject or independent to external control.

3. A single State may be composed of one or more nations or peoples and conversely, while a nation maybe composed of several state.

State distinguished from a Nation

The government is only the agency through which the will of the state is express. The former is the agent and the latter is the principal.

A State cannot exist without the government but the government can exist without a State.

A government may change its form, while a State, as long as the four elements are present it remains the same.

State distinguished to Government

Advancement of Public WelfareConsequence of Absence

Purpose and necessity of Government

• As to number of persons exercising sovereign powers:

MonarchyAbsolute MonarchyLimited Monarchy

Aristocracy Democracy

Direct or Pure DemocracyIndirect, Representative or Republican

Democracy

Forms of Government

As to extent of powers exercised by the central or national government:Unitary GovernmentFederal Government

Forms of Government

As to relationship between executive and legislative branches of the government:Parliamentary GovernmentPresidential Government

Forms of Government

Constitution – refers to that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised.

Philippine Constitution – maybe defined as that written instrument by which the fundamental powers of the government are established, limited and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people.

Concept of the Constitution

Serves as a supreme or fundamental law.Establishes basic framework and underlying

principle.

Nature and purpose or function of the Constitution

Constitutional Law – maybe defined as that branch of public law which treats of constitution, their nature, formation, amendment and interpretation.

Meaning of Constitutional Law

As to their origin and history:Conventional or EnactedCumulative or Evolved

As to their origin and history:WrittenUnwritten

As to manner of amending them:Rigid or inelasticFlexible or elastic

Kinds of Constitution

As to form:BriefBroadDefinite

As to content:Constitution of GovernmentConstitution of LibertyConstitution of Sovereignty

Requisites of a good Constitution

Constitution Statute

1. Direct from the people. 1. Through legislation of people’s representative.

2. States the general framework of the law and the government.

2. Provides the details of the subject of which it treats

3. Intended not merely to meet existing conditions but to govern the future.

3. Intended to meet existing conditions.

4. Supreme or fundamental law. 4. Conforms to the constitution.

Constitution distinguished from Statute

As to their origin and history:As to their origin and history:

ARTICLE XVIIAMENDMENTS OR REVISIONS

Section 1. Any amendment to, or revision of, this Constitution may be proposed by

(1) The Congress, upon a vote of three-fourths of all its Members; or

(2) A constitutional convention.

ARTICLE XVIIAMENDMENTS OR REVISIONS

AMENDMENTS – any alteration, made or proposed to be made or a motion by adding, changing, substituting, or omitting a part of the constitution.

REVISION – changing the whole constitution.

Constitutional Convention - a meeting of delegates to adopt a new constitution or revise an existing constitution.

Mechanism to respond in changing condition.A safety valve against resort of revolution.

Importance of the amending procedure

By Congress, as a constituent assembly, upon a vote of ¾ of all it’s members voting separately.

By a Constitutional Convention called for the purpose.

Methods by which amendments or revision may be proposed (Sec.I)

ARTICLE XVIIAMENDMENTS OR REVISIONS

Section 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

ARTICLE XVIIAMENDMENTS OR REVISIONS

Initiative (also known as a popular or citizens' initiative) is a means by which a petition signed by a certain minimum number of registered voters can force a public vote (plebiscite).

Referendum (also known as a plebiscite or a vote on a ballot question) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of direct democracy.

Ratification - confirmation of an action which was not pre-approved and may not have been authorized

ARTICLE XVIIAMENDMENTS OR REVISIONS

Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.

ARTICLE XVIIAMENDMENTS OR REVISIONS

Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition

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 common good, conserve and develop our patrimony and to secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and regime of truth, justice, freedom, love, equality and peace, do ordain promulgate this Constitution.

Preamble

From the Latin word preambulare which means “to walk before”

It is an introduction to the main subject and the prologue of the Constitution.

It is in the form of collective prayer, it stresses out the belief of the Filipinos to God.

Meaning of Preamble

Preamble not essential to the Constitution

Sets down the origin and purpose of the ConstitutionIt tells us who area the authors of the

Constitution and for whom it has been promulgated.

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.

May serve as an aid in its interpretation

Object and Value of Preamble

1. To build a just and humane society.2. To establish a Government that shall:

1. Embody our ideals and aspiration;2. Promote the common good;3. Conserve and develop our patrimony; and4. Secure to ourselves and our posterity the

blessings of independence and democracy under the rule of law and regime of truth, justice, freedom, love, equality and peace.

National purposes and aims in adopting the Constitution

Sec. 1. The National Territory Comprises the Philippine archipelago, with all the waters and island 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.

Article I National Territory

Binding Force of such provision under International Law.

Value of provision defining our national territory.

Acquisition of other territories.

Necessity of Constitutional Provision on National Territory

1. The Philippine archipelago, with all the waters and island therein.

2. All other territories over which the Philippines has sovereignty or jurisdiction.

3. The terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas thereof; and

4. The internal waters.

National Territory of the Philippines

It is derived from the Greek word pelagos meaning “sea”.

An island surrounded by water.Archipelagic Doctrines.

Meaning of Archipelago

1. Territorial Sea – it is the part of the extending to 12 nautical miles (19kms) from the lower watermark. It is also called “marginal sea”, “marginal belt” or the “marine belt”.

2. Seabed – refers to the land that holds the sea, lying beyond the seashore, including mineral and natural resources.

3. Subsoil – refers to everything beneath the surface soil and seabed, including mineral and natural resources.

4. Insular Shelves – they are the submerged portions of a continent or offshore island, which slope gently seaward from the low waterline point where a substantial break in grade occurs, at which point the bottom slopes seaward at a considerable increase in slope until the great ocean depths are reached.

5. Other Submarine Areas – refers to all areas under the territorial sea.

Other areas included in the Philippine Archipelago (external waters)

Inland or Internal WatersTerritorial SeaHigh or Open Seas

Three-fold division of navigable waters