Philippine Politics and Governance 1987 Constitution PDF

 An Introduction to the 1987 Constitution History of the. Ph Constitution Background on the 1987 Constitution Aspects of Ph. Democracy Branches of the Government The Philippine Constitution throughout History  Philippine Constitution ❑ Biak-n...

 An Introduction to the 1987 Constitution History of the. Ph Constitution Background on the 1987 Constitution Aspects of Ph. Democracy Branches of the Government The Philippine Constitution throughout History  Philippine Constitution ❑ Biak-na-Bato constitution (1897) ❑ Malolos Constitution (1898) ❑ 1935 Constitution (Restored in 1946) ❑ 1943 Constitution ❑ 1973 Constitution ❑ 1987 Constitution  Biak-na-Bato constitution (1897) It was created during the latter part of the revolution movement, with the ultimate aim of complete independence from the Spanish colonizers  Malolos Constitution (1898) Promulgated to assert the independence of the First Philippine Republic as proclaimed by Emilio Aguinaldo. Unfortunately, this republic never obtained legitimacy from other states all around the world. 1935 Constitution (Restored in 1946) Enabled the establishment of the Philippine Commonwealth. – a transitional administration in preparation for the country’s full achievement of independence.  1943 Constitution Establishment of the Second Republic, recognized only by the Japanese government  1946 Constitution Gave rise to the third Ph. Republic  1973 Constitution Replaced by Marcos sr. administration to facilitate an authoritarian dictatorship  Background on the 1987 Constitution ❑ Dictatorial rule of Marcos ended in 1986. ❑ This event restored democracy in the Ph. ❑ The government promulgated a Freedom Constitution which contained transitional government. ❑ On February 2, 1987, the constitution was ratified and serve as the basis of governance even up today.  1987 Constitution ❑ PREAMBLE ❑ ARTICLE I National Territory ❑ ARTICLE II Declaration of Principles and State Policies ❑ ARTICLE III Bill of Rights ❑ ARTICLE IV Citizenship ❑ ARTICLE V Suffrage ❑ ARTICLE VI Legislative Department ❑ ARTICLE VII Executive Department ❑ ARTICLE VIII Judicial Department ❑ ARTICLE IX Constitutional Commissions  1987 Constitution ❑ ARTICLE X Local Government ❑ ARTICLE XI Accountability of Public Officers ❑ ARTICLE XII National Economy and Patrimony ❑ ARTICLE XIII Social Justice and Human Rights ❑ ARTICLE XIV Education, Science and Technology, Arts, Culture and Sports ❑ ARTICLE XV The Family ❑ ARTICLE XVI General Provisions ❑ ARTICLE XVII Amendments or Revisions ❑ ARTICLE XVIII Transitory Provisions  TWO IMPORTANT ASPECT OF NATIONHOOD AND GOVERNANCE ❑ National territory ❑ Citizenship  ARTICLE I NATIONAL TERRITORY 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 the Philippines.  Article IV CITIZENSHIP Section 1 The following are citizens of the Philippines: ❑ Those who are citizens of the Philippines at the time of the adoption of this Constitution; ❑ Those whose fathers or mothers are citizens of the Philippines; ❑ Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and ❑ Those who are naturalized in accordance with law. Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural- born citizens. Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law. Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it. Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.  Philippine Democracy in the Constitution ❑ 1987 Consti. Defined Ph. As both democratic and republican. ❑ Citizens choose officials who shall uphold their interest in the government. ❑ Two aspects of Ph. Democracy: (1)Vital role of the Filipino citizens in state affairs (2)The duty of the government to uphold the general welfare of the Filipino people at all times. (1)Vital role of the Filipino citizens in state affairs ✓ Article II – The sovereignty over the state rests in the Filipino People. ✓ Article V – Right to vote for government officials ✓ Article VI – Members should represent their constituents in municipality, city or provinces. ✓ Article XI – Accountability of public officials (2) The duty of the government to uphold the general welfare of the Filipino people at all times. ✓ Article III – instituting civil liberties or rights entitle to a Filipino. ✓ Articles XIII, XIV, XV echo the importance of upholding Filipino welfare ✓ Constitution prevents dictatorship ✓ And discussed the limitation of anyone including the President to suspend the writ of habeas corpus (the right of the accused against illegal arrest or detention)  Separation of Powers; Checks and Balances ❑ Separation of Power refers to the principle that divides government power into three distinct separate branches of government. ❑ Intended to prevent one branch of the government to obtain too much power and ensure that its actions do not beyond the scope defined by the constitution.  Separation of Powers; Checks and Balances ❑ Checks and balances – the branches are able to impose limits on each other’s power and ensure that one branch acts with the knowledge and consent of the other branch.  How the EXECUTIVE BRANCH checks and balances: The Legislative Branch The Judicial Branch ❑Approves legislation by ❑Reviews the credential signing a bill into law of nominees and ❑Exercise veto power appoints the justices of over a bill or parts of a the Supreme Court bill ❑Grants pardon and amnesties  How the LEGISLATIVE BRANCH checks and balances: The Executive Branch The Judicial Branch ❑Reverses the President’s ❑Determines court veto jurisdictions ❑Grants consent or ❑Sets the qualifications of authorization to the the members of lower President regarding courts specific matters ❑Initiates and conducts ❑Review and approve impeachment presidential proceedings against appointments members of the S.C.  How the LEGISLATIVE BRANCH checks and balances: The Executive Branch The Judicial Branch ❑May invalidate declaration of M. L. ❑Canvasses votes as national board of nothing follows canvassers. ❑Initiate and conduct impeachment against P. and V.P.  How the JUDICIAL BRANCH checks and balances: The EXECUTIVE Branch The LEGISLATIVE Branch ❑Decides on the ❑Decides on the constitutionality of constitutionality of laws executive orders, passed proclamations, ❑Constitutes part of executive actions. electoral Tribunals that decide on electoral protests.  Article IX CONSTITUTIONAL COMMISSIONS ❑ Civil Service Commission (CSC) ❑ Commission on Elections (COMELEC) ❑ Commission on Audit (COA) Article XIII SOCIAL JUSTICE & HUMAN RIGHTS ❑ Commission on Human Rights (CHR) ❑ Central agency of the Gov. ❑ Tasked with hiring employees of government offices. ❑ Defines responsibilities of Gov. employees and ensure accountability ❑ Administering Civil Service Exam ❑ Headed by a chairman and 2 commissioners ❑ In charge of facilitating and supervising the conduct of elections ❑ It makes sure that election in the country are held in a free, orderly, honest, peaceful and credible manner. ❑ Administers plebiscite, initiatives, referenda, and recall elections. ❑ Headed by a chairman and six commissioners ❑ Responsible in reviewing and settling accounts on the revenue and expenditures of the offices and agencies of the Gov. ❑ Has the power to disallow irregular, unnecessary expenses and uses of Gov. funds. ❑ Headed by a Chairman and two commissioners. ❑ Empowered to investigate all forms of human rights violations. ❑ It monitors the government’s compliance with international treaty obligations on human rights and recommend measures to promote human rights and provide compensation for victims ❑ Chairman and four commissioners. end