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Pol.Sci.

101 Lecture on

The Philippine
CONSTITUTION

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.

Introduction

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:

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

Constitution defined:

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.

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)

Nature and Purposes

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.

Constitutional Law

Constitution may be classified as follows:


1)As to origin and history:
a) Conventional or enactedone which is enacted by a
constituent assembly or granted by a monarch to his
subjects (e.g. Constitution of Japan)
b)Cumulative of evolvedone 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 Constitution

Constitution may be classified as follows:


2) As to form:
a) Written Constitutionone 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 Constitutionone which is entirely a
product of political evolution, consisting largely of a
mass of customs, usages, and judicial decisions.

Typology of Constitution

Constitution may be classified as follows:


3) As to manner of amending them:
a) Rigid or inelasticone 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 elasticone which possesses no higher
legal authority than ordinary laws and which may be
altered in the same way as other laws.

Typology of Constitution

The

1987 Philippine Constitution is


thus a conventional/enacted,
written, and rigid/inelastic
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.

Pros and Cons of a 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.
Requisites
of a good written

constitution

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

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.

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

Constitution of the Republic of the


Philippines

From

Latin preambulare which means to


walk before.
It is an introduction to the main subject.
It is the prologue of the Constitution.

Preamble

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: purpose and value

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.
Preamble

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
Article
I: National Territory
the
Philippines.

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.
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.

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
ARTICLE
call upon the people
to defend II
the State and, in the
DECLARATION
OF PRINCIPLES
fulfillment
thereof, all citizens
may be required,
under conditions
law, to render personal,
AND provided
STATE by
POLICIES
military or civil service.

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
ARTICLE II
State shall be inviolable.
DECLARATION OF PRINCIPLES
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.
ARTICLE II
Section 8. The Philippines, consistent with the
DECLARATION
OF and
PRINCIPLES
national
interest, adopts
pursues a policy
AND
of freedom
fromSTATE
nuclearPOLICIES
weapons in its
territory.

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.
ARTICLE
II vital role of the youth
Section 13. The State
recognizes the
in nation-building
and shall OF
promote
and protect their
DECLARATION
PRINCIPLES
physical, moral,
spiritual,
intellectual,
and social wellAND
STATE
POLICIES
being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public
and civic affairs.

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)

ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES

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 governments 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?

Midterm Paper