Philippine Constitution Lectures, PDF

PHILIPPINE CONSTITUTION LECTURES The Concept of State || Thursday, August 29, 2024 Legal Definition: - “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...

PHILIPPINE CONSTITUTION LECTURES The Concept of State || Thursday, August 29, 2024 Legal Definition: - “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” (De Leon); - People, territory, government, & sovereignty/freedom as aspects & elements that comprises a state. Sovereignty is the supreme power of state to command and enforce obedience from people within jurisdiction and corollary. Two manifestations of Sovereignty by De Leon: I. Internal — the power of state to rule within its territory; II. External — the freedom of the state to carry out its activities without subjection or control from other countries/states Government - Refers to the agency through which the will of the state is formulated, expressed, and carried out (Through legislation). Distinction between the state and the government: - State is an independent entity that can house its own government; - Government is the internal entity of a state that makes its own laws. Defining Constitution and the Making of the 1987 Constitution|| Thursday, August 29, 2024 Constitution - Body of rules and principles in accordance with which the powers of sovereignty are regularly exercised — in accordance to De Leon’s; - Applies to both written & unwritten constitutions; - Supreme law of the land; - Higher than any law that man has created; 1   The 1987 Constitution - Is a product of the EDSA People Power that took place in February 1986 which ousted the Marcos Regime; - The assassination of Benigno Aquino Jr. on August 21, 1983 triggered the People Power; - Due to the new wave of protest rallies called “parliament of the streets,” Marcos announced a snap presidential election on February 7, 1986 (14 days before EDSA); - Corazon Aquino is the first woman president by virtue of people power which was not supported by the constitution; Definition of Terms - De Jure — A government that is ESTABLISHED in accordance with the constitution; - De Facto — A government that is NOT ESTABLISHED in accordance with the constitution; - Ratification — In approval of the people. Therefore, Cory Aquino’s government is considered as a de facto government MAKING OF THE 1987 CONSTITUTION The Freedom Constitution (transitional basic law) was installed through Proclamation No. 3 series of 1986, signed on March 25, 1986; Constitutional Commission for the drafting of the 1987 Constitution - Creation Constitutional Commission - Created by virtue of Proclamation No. 9, issued on April 23, 1986; - A national plebiscite was held three months after the submission of the draft constitution to the President; - On February 2, 1987, the nation ratified the 1987 Constitution; Statistics/Votes: - 76.30 percent (16,622,111 voters) of the population voted for the ratification of the Constitution; - 22.74 percent (4,963,375 voters) voted against it; - and 0.96 percent (209,780) abstained; - From a De Facto government, the government of Corazon Aquino became a De Jure government; - The constitution is considered sacred as it came from the will of the Filipino people. 2   Classifications of the 1987 Constitution || Thursday, August 29, 2024 Rigid (inelastic) Constitution - One that is entrenched, requiring more demanding amendment procedures. Flexible (elastic) Constitution - One that can be amended more easily, often in the same way that ordinary legislation is passed. Codified/Written Constitution - Set out in a single document, written by authorized people Uncodified/Unwritten Constitution - Spread among a range of documents and is influenced by tradition, practice, judicial decisions, statutes of fundamental character Conventional/Enacted - Result of political revolution; - Enacted through constituent assembly, constitutional convention, or constitutional commission; Unconventional/Evolved, Cumulative - Result of political evolution (development) and not inaugurated by a specific time; - Result of the growth of rules, which have been developed with the time, added one-by-one as and when the need was felt; - Also influenced by tradition, practice, judicial decisions; Notes: The Philippine Constitution, therefore, is RIGID (manner of amendment), CODIFIED (form), and CONVENTIONAL (Origin) Amendment is a change affecting some parts of the constitution, while Revision is re- writing or a substantial change in the constitution. THE PREAMBLE OF THE 1987 CONSTITUTION|| Monday, September 16, 2024 Preamble 3   - Sets down the origin and purposes of the constitution; - tells us the authors - tells us the general purposes which are intended to achieve by the constitution - Tells the source of the Constitution’s authority - The Filipino people - The sovereign Filipino people - The right to liberty abode (the right of an individual to choose where to live) The purposes set forth in the preamble 1. Build a just and humane society; a. Embody our ideals and aspirations; b. Promote the common good 2. To establish a government that shall: a. Embody our ideals and aspirations; b. Promote the common good; c. Cconserve and develop out patrimony; d. Secure to ourselves and out posterity Methods of Changing the Constitution (ARTICLE XVII) Article XVII, Section 1 provides two modes by which the constitution can be amended or revised: I. The Congress - vote of 3/4 of all its members; II. Constitutional Convention A. Constituent Assembly/CON-ASS - The congress formulates the constitution, propose or revise amendments B. Constitutional Convention/CON-CON - Elected body assembled for the purpose of framing, revising, or amending the existing Constitution for the approval of the people 4   Article XVII, Section 2 states that the constitution can also be amended/revised by way of People’s Initiative - 12% of the total number of registered voters - Can be done once every five years (after ratification ofc) - The Congress will provide and spearhead the implementation of this right Note: This can only be done by amending the constitution, not revising ARTICLE I: The Philippine/National Territory|| Monday, September 16, 2024 Article 1 of the 1987 Constitution has only 1 section that pertains to the definition of the Philippine territory. Article 1 Section 1: “The national territory comprises the Philippine archipelago, with all the islands and water embraced therein, and all other territories over which the Philippine 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 island of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines” De Leon’s analysis divides Art. I, Sec. I into four parts to define the PH territory: - The Philippine archipelago and its surrounding islands and waters; - Every territory the Philippines has sovereignty and jurisdiction; - The terrestrial (land), fluvial (water), and aerial domains (air borders), with the seabed, subsoil, insular shelves (land submerged underwater), and other submarine areas (basta lahat punyeta); - Internal waters Notes: - The Philippines is an archipelago - Territorial sea refers to the part of the sea extending 12 nautical miles (19 kms) - Spratlys’ as part of the Philippine territory by way of constitution: - “Or any other territories over which the Philippines may in the future find it has a right to claim.” 5   ARTICLE II, Sections I-VI Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. For understanding: - The Philippines is both a democratic & republican state as it embodies the principles of both democracy and republicanism - Democratic pertains to a type of government wherein it characterizes the concept of popular sovereignty (citizens’ right to choose). In this case, each and every citizen has the power vested to vote for any candidates in an election (democratic principle); - Republican pertains the type of government that focuses on the rule of law, or the institutional structure that the Philippines falls under. In our/The Philippines’ case, we elect representatives who act on our behalf (the constituents), therefore delegating the rule of masses in the hands of chosen representatives (republicanism). 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. For understanding: - ONLY referring to the renunciation of aggressive war, not in the country’s defense (that shit’s allowed daw); - In accordance with the principle in the UN Charter (refrain from the threat or use of force); - Adoption of International Law refers to the incorporation of global standards towards the legal framework of the Philippines; - The policy of peace, equality, justice, freedom, cooperation, and amity with all nations reflect the Philippines’ intent to promote peaceful coexistence with other 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. For understanding: - The section ensures that civilian leadership is in control over the Armed Forces as a safeguard against the rise of military dictatorship (inherent in a republican system); 6   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. For understanding: - Defines the primary role of the government to serve and protect its citizens, ensuring the safety, and general rights of the people (in all aspects); - NOTWITHSTANDING, in exchange, the government has the authority to call upon the people to defend the state in times of national crises or times of threat - through military service and civil service - The principle of this provision ensures that there is an even and mutual exchange between the state and its citizens, smhhhh 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. For understanding: - Just ensures that democracy isn’t just an abstract concept, but also a lived experience for people Section 6. The separation of Church and State shall be inviolable. For understanding: - The Philippines is a Secular State; - The state allows for religious freedom and THEREFORE, it must remain in religious neutrality ARTICLE IV: CITIZENSHIP|| Thursday, October 10, 2024 Section 1. The following are citizens of the Philippines: 1. Those who are citizens of the Philippines at the time of the adoption of this Constitution; 2. Those whose fathers or mothers are citizens of the Philippines; For understanding: - Applies Jus Sanguinis as principle; - Still deemed Filipino as long parents are Filipino—regardless of place of birth. 7   3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority; and 4. Those who are naturalized in the 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. NOTES: Principles in determining Citizenship by birth: I. Jus Sanguinis — Law of blood (basis of Article IV, Sec. 1 (2) - The Philippines follows Jus Sanguinis as its principle - in essence, a child born in the Philippines but both parents are foreign is NOT considered a Filipino citizen II. Jus Soli — Law of soil - United States as an example How can one LOSE his/her Filipino citizenship: I. Natural born in a different country; II. Renunciation of citizenship; III. Subscribing to the Oath of Allegiance in support of the constitution a foreign country; IV. Accepting commission in a foreign military (air, naval, as long as diff country); V. Cancellation of the certificate of naturalization; VI. Deserter (iniwan) of the Philippine army, navy, or air corps in time of war—unless pardoned or amnesty is granted 8   VII. If a Filipino woman marries a foreigner and acquires his nationality by virtue of the husband’s country. How can one REACQUIRE his/her Filipino citizenship (REPATRIATION): I. By being a natural born citizen (given that there are no disqualifications based on the other followings); II. Filipino Woman who lost her citizenship due to foreign marriage can be repatriated; III. By way of National Assembly IV. Taking the Oath of Allegiance to the Commonwealth of the Philippines 9