Philippine Constitution (POLS 102) PDF

POLS 102 PHILIPPINE CONSTITUTION Atty. Joanna Marie A. Liao THE CONSTITUTION ▪ A written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several de...

POLS 102 PHILIPPINE CONSTITUTION Atty. Joanna Marie A. Liao THE CONSTITUTION ▪ A written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. (Justice Malcolm) ▪ It is the study of the maintenance of the proper balance between authority as represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Rights. (Associate Justice Isagani Cruz, Constitutional Law 1) ▪ It is a body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. (Cooley) 2 PURPOSES 1. to prescribe the permanent framework of a system of government; 2. to assign to the several departments powers and duties; 3. to establish certain first fixed principles on which government is founded. 3 NATURE NATURE 1. Supremacy of the Constitution - It is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. 2. The symbol of monument of the people’s will. It may be submitted for ratification of the people. 3. It outlines the infrastructure of the government. 4. It must be obeyed by all. 5. The courts are the ultimate guardian of the Constitution. 4 NATURE ▪The Constitution of the Philippines is written, conventional and rigid. ▪A good written constitution must be broad, brief and definite. 5 ESSENTIAL PARTS OF THE WRITTEN CONSTITUTION ▪constitution of liberty ▪the constitution of government ▪the constitution of sovereignty 6 THE CONSTITUTION OF LIBERTY 1. ARTICLE II Declaration of Principles and State Policies 2. ARTICLE IV Citizenship 3. ARTICLE V Suffrage 4. ARTICLE XII National Economy and Patrimony 7 THE CONSTITUTION OF GOVERNMENT 1. ARTICLE VI Legislative Department 2. ARTICLE VII Executive Department 3. ARTICLE VIII Judicial Department 4. ARTICLE IX Constitutional Commissions 5. ARTICLE X Local Government 6. ARTICLE XI Accountability of Public Officers 8 THE CONSTITUTION OF SOVEREIGNTY ARTICLE XVII Amendments or Revisions 9 INTERPRETATION OF THE CONSTITUTION 1. Verba Legis. i.e., whenever possible, the words used in the Constitution must be given their ordinary meaning except where technical terms are employed. 2. Where there is ambiguity, ratio legis et anima. The words of the Constitution should be interpreted in accordance with the intent of the framers. 3. Ut magis valeat quam pereat. i.e., the Constitution has to be interpreted as a whole. In case of doubt, the provisions should be considered as self-executing; mandatory rather than directory; and prospective rather than retroactive. 10 EFFECTIVITY OF THE 1987 CONSTITUTION February 2, 1987, the date of the plebiscite when the people ratified the Constitution (De Leon vs. Esguera, 153 SCRA 602). 11 FEATURES OF THE 1987 CONSTITUTION 1. The new Constitution consists of 18 articles and is excessively long compared to the 1935 and 1973 constitutions. 2. The independence of the judiciary has been strengthened with new provisions for appointment thereto and an increase in its authority, which now covers even political questions formerly beyond its jurisdiction. 3. The Bill of Rights of the Commonwealth and Marcos constitutions has been considerably improved in the 1987 Constitution and even bolstered with the creation of a Commission of Human Rights. 12 STATE A state is a community of persons more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render obedience, and enjoying freedom from external control. The Philippines is a state. 13 ELEMENTS OF A STATE People Territory Government Sovereignty 14 GOVERNMENT Government is the agency or instrumentality through which the will of the State is formulated, expressed or realized. The 1987 Constitution requires the Philippine government to be democratic and republican. 15 CLASSIFICATION OF GOVERNMENT 1. De Jure - has a rightful title but no power or control, either, because same has been withdrawn from it or because same has not yet actually entered into the exercise thereof. 2. De Facto – a government of fact, it actually exercises power or control but without legal title. Three Kinds of De Facto Government a. De facto proper b. Government of paramount force c. Independent government 16 FUNCTIONS OF THE GOVERNMENT 1. Constituent – constitute the very bonds of society and are therefore compulsory. 2. Ministrant – those undertaken to advance the general interests of society; merely optional. Doctrine of Parens Patriae - Government as guardian of the rights of the people. 17 FUNDAMENTAL POWERS OF THE STATE 1. Police Power 2. Power of Eminent Domain 3. Power of Taxation 18  THE 1987 CONSTITUTION OF THE PHILIPPINES 19  PREAMBLE 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. 20  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. 21 SCOPE OF PHILIPPINE NATIONAL TERRITORY DEFINED IN ARTICLE I, SECTION 1. It includes: 1. The Philippine archipelago; 2. All other territories over which the Philippines has sovereignty or jurisdiction; 3. The territorial sea, seabed, subsoil, insular shelves and other submarine areas corresponding to (1) and (2). Moreover, (1) and (2) consist of terrestrial, fluvial and aerial domains. 22 ARCHIPELAGIC DOCTRINE Under this doctrine, the Philippine archipelago is considered as one integral unit instead of being fragmented into more than 7,000 islands. This assertion, together with the application of the “straight baseline method,” is what is referred to as the Archipelagic Doctrine. By using this method, the outermost points of our archipelago are connected with straight baselines and all waters inside the baselines are considered as internal waters. 23 STRAIGHT BASELINE METHOD - drawn connecting selected points on the coast without departing to any appreciable extent from the general direction of the coast. RA 3046 and RA 5446 have drawn straight baselines around the Philippines. 24 PURPOSES OF ARCHIPELAGIC DOCTRINE 1. Territorial Integrity 2. National Security 3. Economic reasons 25 COMPONENTS OF NATIONAL TERRITORY 1. Terrestrial or land domain 2. Maritime domain 3. Aerial domain 26 TERRESTRIAL OR LAND DOMAIN Terrestrial or Land Domain - includes all the waters and the internal waters Internal waters – do not form part of the maritime domain. They form part of the land domain. Ex. Rivers, lakes, canals, ports and harbors. 27 MARITIME DOMAIN 1. Territorial Sea - 12 nautical miles from the shore beginning from the low water mark Low water mark – mark on the water on the shore on the low tide - comprises the marginal belt adjacent to the land area which generally includes the bays, gulfs and straights which do not have the character of historic waters (waters that are legally part of internal waters of the state. 28 MARITIME DOMAIN Regimes of the Sea 2. Contiguous Zone - 24 nautical miles from the shore beginning from the low water mark - Importance: a. to prevent infringement of the state’s customs, fiscal, immigration or sanitary laws within its territory or its territorial sea; b. to punish such infringement 29 MARITIME DOMAIN Regimes of the Sea 3. Exclusive Economic Zone - 200 nautical miles from the shore beginning from the low water mark - The state has the exclusive jurisdiction to exploit the natural resources in the seabed, the subsoil, or other submarine areas. 30 MARITIME DOMAIN Regimes of the Sea 4. Continental Shelf - Comprises the seabed and subsoil of the submarine areas that extend beyond the territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin or to a distance of 200 NM beyond baselines from which the breadth of territorial sea is measured if the edge of the continental margin does not extend up to the distance. 31 MARITIME DOMAIN Regimes of the Sea 5. High Seas - RES COMMONES. A thing that belongs to everyone. "Res" means thing and "communes" means community. - While in particular no one owns common property, still in another sense, res communes are really owned by everybody in that their use and enjoyment are given to all of mankind. Examples would be the air we breathe, the wind, sunlight, and starlight. 32 AERIAL DOMAIN Air space – the airspace above the high seas is open to all aircraft, just as the high seas is accessible to ships of all states. The state whose aerial space is violated can take measures to protect itself, but it does not mean that the states have unlimited right to attack the intruding aircraft. Intruding aircraft can be ordered to either to leave the state’s airspace or to land. 33 34 35 36 37  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. 38  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. 39  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 personal military or civil service. SECTION 5. The maintenance of peace and order, the protection of life, liberty, and property, and the 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 State shall be inviolable. 40  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. SECTION 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. 41  SECTION 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. SECTION 10. The State shall promote social justice in all phases of national development. SECTION 11. The State values the dignity of every human person and guarantees full respect for human rights. 42  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. SECTION 13. The State recognizes the vital role of the youth in nation- building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. 43  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 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. SECTION 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. 44  SECTION 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. SECTION 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. SECTION 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. 45  SECTION 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. SECTION 21. The State shall promote comprehensive rural development and agrarian reform. SECTION 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. 46  SECTION 23. The State shall encourage non-governmental, community- based, or sectoral organizations that promote the welfare of the nation. SECTION 24. The State recognizes the vital role of communication and information in nation-building. SECTION 25. The State shall ensure the autonomy of local governments. 47  SECTION 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law. SECTION 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. SECTION 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. 48 THANK YOU