Constitution:The Fundamental Law By Jong Azores MPM
The StateThe State, is a community of persons more or lessnumerous, permanently occupying a definite portionof territory, independent of external control,possessing an organized government to which thegeneral body of inhabitants render habitualobedience (Garner, W. J.).The elements of the state are:1. Community of persons – The Filipinos2. Territory – The Philippines3. Independent – Since declared on 12 June 18984. Government - presidential with 3 coequal branches: executive, legislative, and judiciary
The ConstitutionA constitution may be defined as a writteninstrument by which the fundamental powers ofthe government are established, limited anddefined, and by which these powers aredistributed among several departments for theirsafe and useful exercise for the benefit of thebody politic. (Ricardo S. Lazo, Jr.: PhlippineGovernance & 1987 Constitution)The Constitution of the Philippines (SaligangBatas ng Pilipinas) is the fundamental law of thePhilippines; it is supreme among all the laws.
FUNDAMENTAL + LAWFUNDAMENTAL a : serving as an original orgenerating source : primary . b : serving as a basissupporting existence or determining essentialstructure or function : basic (Merriam-Webster).LAW: the system of rules which a particular countryor community recognizes as regulating the actionsof its members and which it may enforce by theimposition of penalties (Oxford Dictionaries)As the fundamental law of the land, theconstitution becomes the supreme law from whichall existing laws must conform. The constitution isthe legitimate source of power and control of agovernment.
The Constitution: Is it important?The constitution is the organic law that serves as the peoples’ shelter from chaos, abuses, and injustices by lawless elements of society. sets an “order” where people cooperate with the duly constituted authority of the state; exercising their rights as provided in the constitution, observing their limitations responsibly with due regard to the rights of other individuals in particular, and the State in general. governs the conduct and affairs of the government, the people, and the relationship of individuals with other legal entities be it public or private. is binding to all citizens and persons in a State, and all organs of government. is the embodiment of the sovereign will that binds peoples’ differences and diverse beliefs into one coherent mechanism of state control.
Recent “Constitutional” Issues “Department Circular No. 41 issued by the DOJ which is not a law enacted by Congress restricts the right to travel, is, on its face, void for being in violation of the Constitution" - Estelito Mendoza Chief Justice Corona claimed that his impeachment was unconstitutional and was an abuse of executive power in connivance with the legislature
The Constitutions of thePhilippines1. 1899 Constitution (The Malolos Constitution)2. 1935 Constitution3. 1943 Constitution (Constitution During the Japanese Occupation)4. 1973 Constitution5. 1986 Provisional "Freedom" Constitution6. 1987 Constitution (Present Constitution)
We the people are the rightful masters of bothCongress and the courts, notto overthrow the Constitution but to overthrow the menwho pervert the Constitution. Abraham Lincoln