This document summarizes key sections from Article 1 and 2 of the 1987 Philippine Constitution related to national territory, sovereignty, and principles of governance. The main points are:
1) The Philippines is defined as an archipelago based on its geography of many islands. Its territory comprises the entire Philippine Archipelago and waters in between islands.
2) Sovereignty resides with the Filipino people. While exercised indirectly through elected representatives, it can also be directly exercised through suffrage and participation in systems like initiatives and referendums.
3) The constitution establishes the Philippines as a democratic and republican state with separation of powers and adherence to principles of international law, peace, equality and justice with all nations.
Article VII stipulates the qualifications, duties and functions of the President and Vice-President. It expressly states that the executive power is vested in the President of the Philippines. The President and the Vice-President are elected by direct vote of the qualified voters of the Philippines for a six-year term. While the President is not qualified for re-election, the vice-president can serve two (2) consecutive terms. This article stipulates that the President is the head of state, the chief executive of government, and the commander-in-chief of the armed forces. However, certain protections are declared against abuses of executive power such as the prohibition against practice of any other profession, prohibition against appointment of spouse and relatives to certain positions in government and limitation on the declaration of martial law or suspension of the privilege of the writ of habeas corpus to a period not exceeding 60 days.
Article VII stipulates the qualifications, duties and functions of the President and Vice-President. It expressly states that the executive power is vested in the President of the Philippines. The President and the Vice-President are elected by direct vote of the qualified voters of the Philippines for a six-year term. While the President is not qualified for re-election, the vice-president can serve two (2) consecutive terms. This article stipulates that the President is the head of state, the chief executive of government, and the commander-in-chief of the armed forces. However, certain protections are declared against abuses of executive power such as the prohibition against practice of any other profession, prohibition against appointment of spouse and relatives to certain positions in government and limitation on the declaration of martial law or suspension of the privilege of the writ of habeas corpus to a period not exceeding 60 days.
The 1987 Philippine Constitution: Article IIbrianbelen
Lecture slides for an undergraduate class on Philippine Politics and Governance I taught between 2003 and 2005.
Outlined here is the declaration of state principles as reflected in Article II of of the 1987 Philippine Constitution.
These slides were prepared using Powerpoint XP.
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2. Article 1, Section 1: National Territory
Archipelago-is defined as a sea or part of a
sea studded with islands, often synonymous
with island groups, or as a large group of
islands in an extensive body of water, such
as sea (De Leon, 1991).
RPC 2014
3. The Archipelagic Principle/Doctrine
Sen. Tolentino pointed out, “the archipelagic principle is
important to the Philippines for two reasons: national
security and exploitation of the living and mineral
resources of the waters, seabed and subsoil thereof, in the
baselines.”
The Philippines bolstered the archipelagic principle in defining its territory when it
included in Article 1 of the 1987 Constitution the following:
"The national territory comprises the Philippine Archipelago, with all
the islands and waters embraced therein xxx"; and
"The waters around, between and connecting the islands of the
archipelago, regardless of their dimensions, form part of the internal
waters of the Philippines."RPC 2014
4. Boundaries Of The NationalBoundaries Of The National
Territory Of The PhilippinesTerritory Of The Philippines
RPC 2014
6. The process of determining the boundaries of
the Philippines is based on the Archepelagic Doctrine.
The traditional boundary of a 3-nautical-mile (12
nautical mile rule) limitation in the primary directions
–north, south, east, and west-is not an appropriate
basis in determining the boundaries of the
Philippines. Because the Philippines is an
Archipelago, it has a wide maritime territory and long
coastlines.
RPC 2014
9. SECTION 1. The Philippines is a democratic
and republican State. Sovereignty resides in
the people and all government authority
emanates from them.
A democratic and republican state.
-States that the Philippines is a democratic
state.
RPC 2014
10. Section 1.
Manifestations of a democratic and republican
state.
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.
The existence of a bill of rights.
RPC 2014
11. 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.
RPC 2014
12. Section 1.
• Sovereignty is exercised indirectly
Through public officials elected by the people.
Officials appointed by the elected officials.
• Sovereignty is exercised directly
Suffrage.
People’s Participation
1.Multi-Party System
2.Party-list system
3.People’s Organization
4.System of Initiative and Referendum
5.Plebiscite
RPC 2014
13. 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.
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 defenseRPC 2014
14. Section 2.
Adoption of the generally accepted principles
of international law as part of the country’s
own law
• International law-body of rules and principles
which govern s the relations of nations and
their respective peoples in their intercourse
with one another.
• “Doctrine of Incorporation”-the commitment of
the state to international laws
When international usage to be applied
A treaty has force of a statute
Constitution prevails over a treatyRPC 2014
15. Section 2.
Adherence to the policy of peace, equality,
justice, freedom, cooperation, and amity
with all nations.
• Philippines seek peace and unity with the
neighboring countries all over the world
regardless of race, ideology, and political
system on the basis of mutual trust, respect
and cooperation. It supports the rights of other
countries in terms of equality, freedom and
justice in their relations with one another and
the policies of peaceful negotiations, and
opposes the use of force, threat of force, in the
relations with other countries.RPC 2014
17. 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.
Supremacy of the Civilian Authority
The President is the commander-in-chief of the
armed forces of the Philippines,
The army, the navy, the air force, and the
marines.
The appointment of the high ranking officials
is vested in the President.RPC 2014
18. Section 3.
Armed Forces: Protector of the State
• Armed Forces of the Philippines (AFP)
• Its goals is to discharge the function of being
the protector of:
The sovereignty of the State
Integrity of our National Territory
RPC 2014
19. 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 person military or civil
service.
1. Economic Development
2. Unemployment
3. Mass Poverty
4. The government exists for the people
5. Defense of the State as the prime duties of the citizen.
RPC 2014
20. 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.
Peace and Order
• Duty of the government to maintain peace and
order.
Through making laws
Enforcing laws
Promote the general welfare
RPC 2014
22. SECTION 6. The Separation of Church and State
are inviolable.
• The government shall not favor any religion,
support them using public funds ,or even
establish or set up a church.
• The Church should not get involved in
political issues or matters.
ESTABLISHMENT OF RELIGION CLAUSE
• The State shall have no official religion.
• The State cannot set up a church.
• Everyone has the freedom to profess their
belief or disbelief in any religion.
RPC 2014
23. Section 6.
• Every religious minister is free to practice his
calling.
• The State cannot punish a person for
entertaining or professing religious beliefs or
disbeliefs.
• The command that Church and the state be
separate does not mean hostility towards
religion .
Preamble
Other provisions/laws
RPC 2014