The Philippine Pol.Sci. 101 Lecture onCONSTITUTIO N
Introduction Every state has had a constitutionof some kind whether it be an elaboratedocument or just a collection of rules. It isinconceivable how a state could exist orsurvive without a constitution of someform. The foundation of the system ofgovernment of the Philippines is theconstitution.
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 defined: “Constitutionis 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
Nature and Purposes1. 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 Purposes2. 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)
Constitutional Law Itis defined as the branch of public law which deals with constitution: their nature, formation, amendment, and interpretation. Itis 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 ConstitutionConstitution 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)
Typology of ConstitutionConstitution may be classified as follows: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.
Typology of ConstitutionConstitution may be classified as follows: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 awritten 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 theRepublic of thePhilippines1) The 1935 Constitution Ratified on May 14, 1935Features: a) Established the Commonwealth Government. b) Provided a Democratic and Republican government c) Inclusion of the Bill of Rights
Constitution of theRepublic of thePhilippines2) The 1973 Constitution Ratified on January 17, 1973Features: 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 Constitution Ratified on February 2, 1987Features: 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
Preamble FromLatin “preambulare” which means “to walk before”. Itis an introduction to the main subject. It is the prologue of the Constitution.
Preamble: purpose andvalue 1) 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.
Preamble We, the sovereign Filipino people, imploring theaid of Almighty God, in order to build a just andhumane society, and establish a Government thatshall embody our ideals and aspirations, promote thecommon good, conserve and develop our patrimony,and secure to ourselves and our posterity, theblessings of independence and democracy under therule of law and a regime of truth, justice, freedom,love, equality, and peace, do ordain and promulgatethis Constitution.
Article I: National Territory The national territory comprises the Philippinearchipelago, with all the islands and watersembraced therein, and all other territories over whichthe 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. Thewaters around, between, and connecting the islandsof the archipelago, regardless of their breadth anddimensions, form part of the internal waters of thePhilippines.
ARTICLE II DECLARATION 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.
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES 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.
ARTICLE II DECLARATION OF PRINCIPLES 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. Section6. The separation of Church and State shall be inviolable.
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIESSTATE 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.
ARTICLE II DECLARATION OF PRINCIPLES 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.
ARTICLE II DECLARATION OF PRINCIPLES 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. Section25. The State shall ensure the autonomy of local governments. (see Art. X)
Midterm Paper Research 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?