Revised consti article 2 dec 7

The Philippine
CONSTITUTIO
N
RPC 2013

Prepared by RPC

Introduction
Every 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.
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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”
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Constitutional Construction
 In

Francisco
vs
House
of
Representatives, G.R NO. 160261
Nov. 10, 2003 The SC made reference
to the use of well settled principles of
constitutional construction ( Nachura,
2009 , p.3)

1

VERBA LEGIS

2

RATIO LEGIS ET ANIMA

 3.

UT MAGIS
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PEREAT

VALEAT

QUAM

VERBA LEGIS
 Whenever

possible, the words used in
the CONSTITUTION must be given in
their ordinary meaning except where
technical terms are employed

 Constitution

is
not
LAWYER’S document

 It

primarily

a

being essential for the rule of law to
obtain that it should be presented in
the PEOPLE’S CONSCIOUSNESS

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VERBA LEGIS
 Ordinary
 (own

meaning

interpretation
CONSTITUTION)

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of

the

RATIO LEGIS ET ANIMA
 The

words of the constitution
should be interpreted in
accordance with the intent of the
framers

 If

there’s an ambiguity return to
framer’s intention

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UT MAGIS VALEAT
QUAM PEREAT
 No

separation of parts, it must be
interpreted as a whole

 It

should be interpreted together
as to effectuate the whole
purpose of the Constitution

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Constitution defined:
 “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

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Nature and Purposes
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.
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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)
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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.

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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)
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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.
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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.
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The

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

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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.

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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.
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Constitution of the
Republic of the
Philippines
1)

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
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Constitution of the
Republic of the
Philippines
2) 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.
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Constitution of the
Republic of the
Philippines
3) The 1987 Constitution
Ratified 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

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Preamble
Latin “preambulare” which
means “to walk before”.

 From
 It

is an introduction to the main
subject.

 It

is the prologue of the Constitution.

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Preamble: purpose and
value
 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.
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WE THE SOVEREIGN FILIPINO PEOPLE

PREAMBLE
1987 Philippine Constitution
Mr. Jun Dumaug

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

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

do ordain and
promulgate
this
constitution

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 under the
rule of law and a regime of truth, justice, freedom,
love, equality, and peace, do ordain and promulgate
this Constitution.
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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.
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Archipelagic Doctrine
 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 (2 nd sentence Sec 1
Article 1)-- Nachura, 2009

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This ARTICULATES that:
 Based

on the principle that an
archipelago which consists of a
number of islands separated by
bodies of water, should be
treated as one integral unit-Nachura, 2009

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• contains 28 sections divided into two parts.

2:
icle
Art
ion
larat
Dec
of
s
ciple
Prin tate
S
and
s
olicie
P

The first part: Enumerates the
principles of the State such as
the democratic and republican
nature of the Philippine State;
the
supremacy
of
civilian
authority over the military; the
people's duty to defend the
State; separation of Church and
State; and renunciation of war as
an instrument of national policy.

The second part:
 stipulates

the
State
policies
such
as
the
promotion
of
an
independent foreign policy;
recognition of the youth's
and women's role in nationbuilding; promotion of a
comprehensive
rural
development and agrarian
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reform; and the promotion

ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
PRINCIPLES

Section

1. The Philippines is a
democratic and republican State.
Sovereignty resides in the people and
all government authority emanates from
them.

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Section 1.
Manifestations of a democratic and republican
state.
 The existence of a bill of rights.
 The observance of the rule of the majority.
 The observance of the principle that ours is a
government of laws, and not of men.
 The presence of elections through popular will.
 The observance of the principle of separation of
powers and the system of checks and balances.
 The observance of the principle that the legislature
cannot pass irreparable laws.
 The observance of the law on public officers .
 The observance of the principle that the State
cannot be sued without its consents.

Section 1.

Sovereignty of the People
- Sovereignty
 is

the supreme power to govern.

 It

lies in the hands of the Filipino people
who have the right to choose the type of
government they want and to define the
powers it shall hold and exercise.

 It

is their right to abolish their
government and form a new one and
organize it in such form as seems to them
best for their welfare and happiness.

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.

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Renunciation of war as instrument
of national policy.
•

Philippines cannot declare war on
another country

•

The country can only declare an
existing state of war



an act of defense

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ARTICLE II
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.
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ARTICLE II
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.
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Freedom of Religion
Section 6
Freedom From
INVIOLABILITY on the
Religion
SEPARATION of
Freedom to Believe
Church and State
Freedom to Act on
One’s Belief

END OF PRELIM
PERIOD

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Section 7
• Independent Foreign
Policy of the Philippines.

Section 8
• Freedom from nuclear
weapons.

Section 9
Free the People From Poverty

Is our Concept
of Man
endowed with
Human Rights
and
Human Dignity?

Human Dignity
means
“Man is more
than he knows
about himself”

Do we accept our
Filipino Brothers as
who he is?
Do we believe that
acceptance means
Freedom and
Responsibility?

Do you believe that
every Filipino have
different gifts and
abilities and they
do not have them
to the same
degree?

Do you
believe that
every
Filipino have
different
Interests,
ideas and
opinions?

ARTICLE II
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.
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As a Filipino Nation, how
do we understand the
Basic Concept of
JUSTICE?

RESPONSIBLE
AND
DEMOCRATIC SOCIETIES

JUSTICE
OF ACHIE
V

JUSTICE

OF OPPO

EMENTS

RTUNIT
IES

F NEEDS
STICE O
JU
OMES
C

E
US T I C
J
OCAL
R
RECIP
JUSTICE
OF E

JUSTICE IN

XCHANG

T
OF OU
TICE
JUS
COM

E
ATIV
MUT

TICE
JUS

TICE
NG JUS
ATI
MPENS
CO

E

I
POLIT
BY
TICE
JUS

MARKETS

RESPONSIBLE
AND
DEMOCRATIC SOCIETIES

CS

TO BENEFIT FROM THE
PROSPERITY OF THE SOCIETY

=

TO PARTICIPATE IN THE
CREATION, GROWTH AND
PRESERVATION OF SOCIETY’S
WEALTH

“Those who
have LESS IN
LIFE should
have MORE
IN LAW”

Section 11
Valuing
Human
Dignity and
Human
Rights.

Section 12
• Strengthening the family as a basic autonomous
social institution.
•Equally Protect the life of the Mother and of the
unborn from conception
• Rearing of the youth for civic efficiency and
development of moral character.

Section 13
Role of the
youth in
nationbuilding.

Section
14
Role of
women in
nationbuilding.

Section 16
Right of the people to a balanced and healthful
ecology.

Section 17
Priority to education, science and technology,
arts, culture and sports.

Section 18
Labor as a primary social economic force.

Section 19
Self-reliant and independent national economy.

Section 20

Role of
the
private
sector in
the
economy.

Section 21
Comprehensive rural development and agrarian
reform

Section 22
Rights of indigenous cultural
communities.

Section 23
Nongovernmental,
communitybased or
sectoral
organizations.

Section 24
• Vital role of
communication
and information
in nationbuilding.

Section
25
Autonomy of
local
government

Section 26
Equal access to opportunities for public
service.
Prohibit Political Dynasty

Section 27
Honesty and integrity in public service.

Section 28
Full disclosure by the State of all its transactions.

ARTICLE II
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.
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ARTICLE II
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)

RPC 2013

Revised consti article 2 dec 7

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