The Philippine Constitution

The Philippine

CONSTITUTION

Pol.Sci. 101 Lecture on

IntroductionEvery state has had a

constitution of some kind whether it be an elaborate document or just a collection of rules. It is inconceivable how a state could exist or survive without a constitution of some form.

The foundation of the system of government of the Philippines is the constitution.

Constitution defined:In its broad sense, the term

constitution refers to the “body of rules and principles in accordance with which the powers of sovereignty is regularly exercised.”

Etymology:

Latin word “CONSTITUO” which means “fixed”, “established”, or “settled”

“Constitution is a written instrument (document) by which the fundamental powers of government are established, limited, and defined, and by which these powers are distributed among several departments for their safe and useful exercise for the benefit of the body politic.” -Justice Miller, US Supreme Court

Constitution defined:

1. Serves as the supreme or fundamental law.

It is the Charter creating the government. It is binding to all individual citizens and all

organs of the government. It is the law to which all other laws must

conform. It is the test of the legality of all governmental

actions.

Nature and Purposes

2. Establishes the basic framework and underlying principles of government.

Prescribes the permanent framework of the system of government, and assigns to the different department or branches, their respective powers anD duties. (Art.I)

To establish certain basic principles on which the government is founded. (Preamble, Art.I)

Designed to preserve and protect the rights of the citizen against the Powers of the State. (Art III)

Nature and Purposes

Constitutional Law

It is defined as the branch of public law which deals with constitution: their nature, formation, amendment, and interpretation.

It is also the law embodied in the Constitution as well as the principles growing out of the interpretation and application made by the courts, specifically the Supreme Court.

Typology of Constitution

Constitution may be classified as follows:

1) As to origin and history:

a) Conventional or enacted—one which is enacted by a constituent assembly or granted by a monarch to his subjects (e.g. Constitution of Japan)

b) Cumulative of evolved—one which is a product of a long period of development originating in customs, traditions, judicial decisions etc, rather than from deliberate and formal enactment. (e.g. English Constitution)



2) As to form:

a) Written Constitution—one which has been given definite form at a particular time, usually by a specially constituted authority called a “constitutional convention” or “constitutional commission”.

b) Unwritten Constitution—one which is entirely a product of political evolution, consisting largely of a mass of customs, usages, and judicial decisions.



3) As to manner of amending them:

a) Rigid or inelastic—one regarded as a document of special sanctity, which can not be amended or altered except by some special machinery other than ordinary legislative process.

b) Flexible or elastic—one which possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws.

The 1987 Philippine Constitution is thus a conventional/enacted, written, and rigid/inelastic constitution.

Pros and Cons of a written constitution It has the advantage of clearness and

definiteness over an unwritten one. Since the written constitution is a binding document, the rights of the citizen is more secured.

Its disadvantage lies in the difficulty of its amendment. This prevents the immediate introduction of needed reforms and may thereby retard the healthy growth and progress of the State.

Requisites of a good written constitution

BRIEF: because if a constitution is too detailed, it would lose the advantage of a fundamental law. It would never be understood by the public.

BROAD: because a statement of the powers and functions of government, and of the relations between the governing body and the governed, requires that it be as comprehensive as possible.

DEFINITE: because otherwise the application of its provision to concrete situations may prove unduly difficult if not impossible.

Constitution of the Republic of the Philippines1) The 1935 Constitution

Ratified on May 14, 1935

Features: a) Established the Commonwealth Government.

b) Provided a Democratic and Republican government

c) Inclusion of the Bill of Rights

Constitution of the Republic of the Philippines2) The 1973 Constitution

Ratified on January 17, 1973

Features: a) Establishment of a modified parliamentary government.

b) Suspension of the Bill of Rights.

c) Has given greater power to the Executive Department.

Constitution of the Republic of the Philippines3) The 1987 ConstitutionRatified on February 2, 1987

Features: a) Reinstitution of a Democratic Government. b) Separation of Church and State. c) Sovereignty of the people. d) Renunciation of war as a national policy. e) Supremacy of Civilian authority over the military. f) Separation of Powers

PreambleFrom Latin “preambulare” which

means “to walk before”. It is an introduction to the main

subject. It is the prologue of the

Constitution.

Preamble: purpose and value1) Sets down the origin and

purposes of the constitution.2) May serve as an aid in its

interpretation.

Note: The preamble has no legal implications.

PreambleWe, 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.

Article I: National Territory

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.

ARTICLE IIDECLARATION OF PRINCIPLES

AND STATE POLICIESPRINCIPLES Section 1. The Philippines is a democratic and

republican State. Sovereignty resides in the people and all government authority emanates from them.

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.

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 the national territory.

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.


AND STATE POLICIES

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

Section 6. The separation of Church and State shall be inviolable.


AND STATE POLICIES

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.

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.


AND STATE POLICIES

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.

Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.


AND STATE POLICIES

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

Section 25. The State shall ensure the autonomy of local governments. (see Art. X)


AND STATE POLICIES

Midterm PaperResearch on the issue of the Philippines-China

dispute over the Spratlys Island. Use the following rubric/format and answer the following questions:

Introduction (historical background of the dispute, claimant of the territory, location on the globe.)

Discussions: how did the dispute began? What are the reasons for the dispute? How did UN respond to the issue? What are the Philippine government’s argument in claiming some part of the island?

Resolution: a) Recent developments.

b) What is your stand regarding this issue? Do we continue to claim the territory even in the provocation of a war?

The Philippine Constitution

Documents

Transcript of The Philippine Constitution