Understanding Constitutions: Purpose and Function

What is a Constitution?

• A constitution is a set of principles and laws outlining the structure, powers, and functions of a government.
• It also defines the rights and duties of its citizens.
• It serves as the supreme legal framework within a country.
• It guides how laws are made, interpreted, and enforced.

Nature and Purpose/Function of Constitution

• It serves as the supreme or fundamental law, creating the charter for the government.
• It has the status of supreme law derived from the people.
• It establishes the basic framework and underlying principles of government.
• It is referred to as organic or basic law, relating to the law by which the government exists.
• It is designed to protect the basic rights of the people against arbitrary actions.
• It sets limitations on the powers of the legislature and the government as a whole.
• It sets forth the basic rights the government must observe, respect, and protect.

Meaning of Constitutional Law

• Constitutional law is a branch of public law that deals with constitutions.
• It covers the nature, formation, amendment, and interpretation of constitutions.
• It refers to the law embodied in the Constitution.
• It includes principles derived from the interpretation and application of the Constitution by the courts.
• It is primarily determined by the Supreme Court as the court of last resort.

Kinds of Constitution

• Based on origin and history, constitutions can be:
  • Conventional or enacted: enacted by a constituent assembly or granted by a monarch, such as the Constitution of Japan in 1889.
  • Cumulative or evolved: a product of growth originating in customs, traditions, and judicial decisions, such as the English Constitution.
• The classification relating to origin substantially coincides with written and unwritten constitutions.
• Based on form, constitutions can be:
  • Written: given definite written form at a specific time, usually by a constitutional convention.
  • Unwritten: a product of political evolution consisting of customs, usages, and judicial decisions.
• The English Constitution is unwritten in the sense that it is not codified in a single document.
• There is no constitution that is entirely written or unwritten.
• Based on the manner of amending them, constitutions can be:
  • Rigid or inelastic: cannot be amended or altered except by a special, cumbersome process.
  • Flexible or elastic: possesses no higher legal authority than ordinary laws and can be altered similarly.
• The Philippine Constitution is classified as conventional/enacted, written, and rigid/inelastic, drafted by an appointed "Constitutional Commission."

Advantages and Disadvantages of a Written Constitution

• Advantages:
  • It provides clearness and definiteness.
  • It is prepared with care and deliberation.
  • It cannot be easily bent or twisted by the legislature or courts.
  • It offers more secure protection and guarantees of rights.
  • Is more stable and free from temporary popular passions.
• Disadvantages:
  • It has difficulty in amendment, preventing immediate changes.
  • This can retard the growth and progress of the state.

Requisites of a Good Written Constitution

• As to form, it should be:
  • Brief: avoids excessive detail to remain a fundamental law.
  • Broad: comprehensive in outlining powers, functions of government, and relations between governing body and the governed.
  • Definite: avoids vagueness to prevent disputes, civil unrest, and disruption of the state.
• As to contents, it should contain at least three sets of provisions:
  • Constitution of government: dealing with the framework, structure, and powers of government, defining the electorate.
  • Constitution of liberty: setting forth fundamental rights of the people and limiting government powers.
  • Constitution of sovereignty: pointing out the mode or procedure for amending or revising the constitution.

Constitution Distinguished from Statute

• A constitution comes directly from the people, while a statute comes from the people's representatives.
• Article VI, Section 1 of the 1987 Philippine Constitution states legislative power shall be vested in the Congress of the Philippines.
• A constitution states the general framework of law and government, while a statute provides the details.
• Article XIV, Section 1 of the Constitution states every citizen has the right to education.
• Republic Act No. 10931 implements this, providing free tuition in state universities and colleges (SUCs).
• A constitution is intended to govern the future, while a statute primarily addresses existing conditions.
• Article III (Bill of Rights) guarantees freedoms, which are always relevant.
• Bayanihan to Heal as One Act (Republic Act No. 11469) meets existing conditions.
• A constitution is the supreme law of the State, to which all statutes must conform.

The Preamble of the 1987 Philippine Constitution

• Expresses the sovereign Filipino people, imploring the aid of Almighty God, and the goal to build a just society.
• It aims to establish a government embodying ideals and aspirations, promoting the common good and preserving the national patrimony.
• It seeks to secure independence, democracy, rule of law, truth, justice, freedom, love, equality, and peace.

Article 1: National Territory of the 1987 Philippine Constitution

• Defines the national territory comprising the Philippine archipelago.
• Includes all islands, waters, and other territories over which the Philippines has sovereignty or jurisdiction.
• Consists of its terrestrial, fluvial, and aerial domains.
• It includes its territorial sea, seabed, subsoil, insular shelves, and other submarine areas.
• Waters around, between and connecting the islands of the archipelago, regardless of dimension, form part of the internal waters.
• Sovereignty is the supreme power over a political unit or the freedom from external control.
• Jurisdiction is the legal right over something, granting legal authority to enact justice.

Four Aspects of Territory

• Terrestrial domain: landmass of a state, including islands, mountains, forests, and other landforms within its borders.
• Fluvial domain: areas composed of or related to rivers and other bodies of flowing water (all rivers, streams, and water bodies).
• Maritime domain: territorial waters, exclusive economic zones (EEZs), and continental shelves.
• Aerial domain: airspace above a country's land and territorial waters.
• The territorial sea extends up to 12 nautical miles from a coastal state's baseline.
• The state has sovereignty over the water and its resources.
• The seabed, also known as the seafloor or ocean bottom, is the bottom of the ocean.
• Subsoil refers to anything beneath the surface soil and seabed, including minerals and natural resources.
• Insular shelves refer to the submerged, gently sloping edges of a landmass extending from the shoreline into the ocean.
• Submarine areas include trenches, reefs, basins, banks, shoals, troughs, and seamounts.
• Internal waters are all waters landward of the baseline (lakes, rivers, and tidewaters).

Contiguous Zone and Exclusive Economic Zone

• Contiguous Zone: Extends up to 12 nautical miles from the territorial sea.
• The coastal State may exercise jurisdiction to prevent infringement of its customs, fiscal, immigration, or sanitary laws.
• Exclusive Economic Zone (EEZ): extends up to 200 nautical miles.
• The state exercises sovereign rights to explore, exploit, conserve, and manage the natural resources.
• The state exercises jurisdiction regarding the establishment and use of artificial structures.
• Jurisdiction includes the marine scientific research and the protection and preservation of the marine environment.

Jurisdiction Over Navigable Waters and International Law of the Sea

• Inland/Internal waters and the territorial sea comprise the territorial waters of a state.
• Over these waters, a state exercises sovereignty like its land territory.
• Foreign vessels have the right of innocent passage through the territorial sea.
• Right of Innocent Passage: ships can pass through territorial waters if the passage is innocent (not prejudicial to peace/security).
• Requires passage to be continuous and expeditious, not stopping unless due to force majeure( uncontrollable event), distress, or assisting people.
• Open seas are international waters not subject to any state's sovereignty; every state has equal right of use.

Archipelagic Concept or Principle of Territoriality

• The word "archipelago" highlights the Philippines is a state composed of islands.
• The intention is to bolster the archipelagic concept is to consider an archipelago as a single unit.
• The waters around, between, and connecting the islands are part of the internal waters, subject to exclusive sovereignty.
• The Archipelagic Doctrine allows a country made up of islands to treat the water between its islands as part of its territory.
• It means the country can control and regulate these waters just like its land.

The Three-Mile Rule in the Philippine Position

• The archipelago theory is an exception to the 3-mile (now 12-mile) rule.
• The application of the 12-mile rule would cause fatal effects on the territorial integrity of the Philippines.
• It would mean the dismemberment of the archipelago by ceasing waters to be Philippine waters and warships could enter.
• The Philippines should be treated as one whole unit with over seven thousand islands.
• The Philippines islands are ruled by one whole unitary government connected by a common heritage.
• Even a 12-mile breadth would result in international waters between some islands.
• Archipelagic principles and the exclusive economic zone rights are now fully recognized in the U.N. Law of the Sea Convention.

Why the 12-Mile Rule Was Not Enough for the Philippines

• Before the United Nations Convention of the Law of the Sea (UNCLOS), countries only had a 12-mile territorial sea around each island.
• Some waters between Philippine islands could be considered international waters, allowing foreign ships to pass freely.
• The Philippines needs to treat the sea between its islands as national waters.
• UNCLOS recognized its claim and allowed it to draw straight baselines around its outermost islands.
• The waters inside those lines became archipelagic, giving the Philippines full control over them.

UNCLOS

• UNCLOS requires the Philippines to allow innocent passage for foreign ships through designated sea lanes.
• The waters between Philippine islands are now part of its territory.
• Foreign ships cannot freely enter these waters unless allowed.
• The Philippines has a 200-nautical-mile Exclusive Economic Zone (EEZ) with natural resource rights.
• UNCLOS supports sovereignty, security, and economic rights in its waters.

China Claims on Historic Ground

• China lays territorial claim on almost 80% of the entire South China Sea (SCS) under a 1947 "Nine-Dash Line map.
• The territorial dispute involves the Philippines and other southeast Asian countries, Japan, and Taiwan.
• The region through which trillions of dollars in ship-borne trade annually passes.
• The United Nation's Permanent Court of Arbitration (PCA) ruled against China in a ruling on July 12, 2016 through a vote of 15-0.
• Coastal countries have a territorial sea extending 12 miles from which is then followed by a 200 mile EEZ zone.
• The ruling is binding on all parties.
• China, however, does not recognize the UN Arbitral Court decision and insists on its sovereignty inside the nine-dash line.
• The PCA does not have the power to enforce its decision, non-compliance is seen as a violation of treaty obligations under UNCLOS.

Article II: Declaration of Principles and State Policies

• Article II lays out fundamental political, social, and economic principles.
• It is in the of the 1987 Philippine Constitution.
• It lists the country's core values, national objectives, and policy directions, establishing the foundation for laws and governance.
• The articles include provisions on sovereignty and democracy, independent foreign policy, and more.
• It includes civilian supremacy over the military, social justice, human rights, gender equality, and environmental protection.
• The article also promotes economic self-reliance, education scientific development, and protection of labor and the youth.
• The principles serve as guiding frameworks for legislation and policy-making that are not self-executing.
• The government must pass legislation to implement the non self-executing laws/articles/mandates.

Specific Sections of Article II: Declaration of Principles and State Policies

• Section 1 states the Philippines is a democratic and republican state, where sovereignty resides in the people.
• Authority emanates from citizens who elect leaders.
• Section 2 states the Philippines renounces war.
• The articles state that the Philippines adopts international law and adheres to peace, equality, justice, freedom, and amity.
• The country prefers diplomacy over war.
• Section 3 states the military is subordinate to civilian authority.
• The goal is to secure sovereignty and national territorial integrity.
• Example: The President is the Commander-in-Chief
• Section 4 defines that the duty of the Government is to serve and protect the people.
• Section 5 seeks to promote maintenance of peace and order and protection of life, liberty, and property.
• Section 6 provides the separation of Church and State shall be inviolable.
• This means that the government cannot support or rely on a single religion.
• Section 7 is for the State pursuing an independent foreign policy.
• Paramount consideration should be national sovereignty, territorial integrity, national interest, and self-determination.
• Section 8 adopts a policy of freedom from nuclear arms weapons but is consistent with national interest.
• Section 9's dynamic states the state shall create just and dynamic social order that releases prosperity from poverty.
• Section 10 is social justice during all phases of national development.
• Workers' rights are protected
• Section 11 states there will be value for all in terms of dignity with full guarenteed respect.
• This leads to equality for all
• Section 12 creates the sanctity of family and recognizes all institutions.
• Section 13 recognizes youth in building the nation.
• Section 14 is for women's recognizing the role of equality.
• Section 15 protects all rights to health of the people.
• Section 16 provides the right to a healthy ecology for the people.
• Section 17 emphasizes/ prioritizes education, science and culture.
• Section 18 emphasizes labor as a social economic force workers well being is also affirmed.
• Section 19 shows the state will develop self-reliance with its economy.
• Section 20 recognizes the private sector's role and recognizes it.
• Section 21 farmers must be supported during agrarian reform.
• Section 22 rights are indigenous people cultural groups must be protected.
• Section 23 encourges NGOs for promoting welfare.
• Section 24 recognizes all communications channels .
• Section 25 provides autonomy to local governments.
• Section 26 is state shall guarantee equal access to all public service
• Section 27 emphasizes honesty and integretity in ALL public service
• Section 28 creates public disclosure of all transactions.

Article III: Bill of Rights

• Section 1 states: Right to Due Process and Equal Protection
• No person shall be deprived of life, liberty, or property without due process of law.
• All must be treated fairly.
• Section 2: Right Against Unreasonable Searches and Seizures
• The right of the people to be secure in search for houses.
• Police cannot go to a home or building to search without warrant.
• Section 3: Right to Privacy of Communication and Correspondence
• The privacy of messages is held
• Phone calls are held
• Emails are also held
• Section 4: Freedom of Speech, Expression, and the Press
• No law shall be passed reducing freedom of expression.
• However, this does not express all speech that is violence.
• Section 5 is freedom of practice in religion
• No law shall be made to not respect what your religion is
• Section 6 is the liberty of travel and abode
• Freedom is to travel where they want to live and want to go
• Section 7. Government is right to public matters the right can be restricted
• Section 8 : citizens can form groups.
• Section 9 provides protection of unjust seizure of property.
• Private property shall not be used to taken from the land owners with a just compensation
• Section 10 is contracts and make all agreements.
• Section 11 makes court be fair for all.
• Section 12 protects all prisoners
• Section 13 provides the right to bail for someone is accused
• Section 14 allows every to be found in guilt.
• Section 15 legal order needs to be to provide all imprisoned with justice
• Section 16 is a right that says all personal and cases show a speedy resolution with protection.
• Section 17 emphasizes self to not be forced.
• Section 18 provides freedom to not be detrained from forced services
• Section 19 emphasize the power from unusual crimes and not torturing or inhumane crimes.
• Section 20 states no person should be imprisoned with non payment.
• Section 21 can not provide someone double jeopardy is a repeat of same process.
• Section 22 states cannot be reversed with the post effect to bills