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PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

  1. 1. Prepared by: Raizza Corpuz POLITICS and GOVERNANCE with CONSTITUTION (Lecture 3) RPC 2014
  2. 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. 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. 4. Boundaries Of The NationalBoundaries Of The National Territory Of The PhilippinesTerritory Of The Philippines RPC 2014
  5. 5. RPC 2014
  6. 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
  7. 7. Article II – Declaration of Principles and State Policies RPC 2014
  8. 8. Principles RPC 2014
  9. 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. 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. 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. 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. 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. 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. 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
  16. 16. Section 2. RPC 2014
  17. 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. 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. 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. 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
  21. 21. Section 5. RPC 2014
  22. 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. 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
  24. 24. End PRELIMINARY TERM RPC 2014

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