Intro to Philippine Politics and Governance - Constitutional Law PDF

**INTRO TO PHILIPPINE POLITICS AND GOVERNANCE** **Constitutional Law** POL241 \| ***HOROCIO. J. ROMERO, SIR RACE. \|*** 2nd semester \| A.Y. 2024-2025 \| 1st lesson \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_...

**INTRO TO PHILIPPINE POLITICS AND GOVERNANCE** **Constitutional Law** POL241 \| ***HOROCIO. J. ROMERO, SIR RACE. \|*** 2nd semester \| A.Y. 2024-2025 \| 1st lesson \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **CONCEPT OF CONSTITUTION** - - - - - **Constitution** was [constituted](https://www.merriam-webster.com/dictionary/constitute) in 14th-century English as a word indicating an established law or custom. It is from Latin constitutus, the past participle of constituere, meaning \"to set up,\" which is based on an agreement of the prefix com- (\"with, together, jointly\") with the verb statuere (\"to set or place\"). Statuere is the root of [statute](https://www.merriam-webster.com/dictionary/statute), which, like constitution, has a legal background; it refers to a set law, rule, or regulation. Constitution is also the name for a system of laws and principles by which a country, state, or organization is governed or the document written as a record of them. Outside of law, the word is used in reference to the physical health or condition of the body (\"a person of hearty constitution\") or to the form or structure of something (\"the molecular constitution of the chemical\"). **PURPOSE OF THE CONSTITUTION** 1. 2. 3. **REQUISITES OF A GOOD WRITTEN CONSTITUTION** 1. 2. 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ PARTS OF CONSTITUTION Constitution of Government Constitution of Liberty Constitution of Sovereignty **REQUISITES OF A GOOD WRITTEN CONSTITUTION** - - - \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **DEVELOPMENT OF PHILIPPINE GOVERNMENT** **DEVELOPMENT OF PHILIPPINE GOVERNMENT** +-----------------+-----------------+-----------------+-----------------+ | **Periods** | **Leaders** | **Forms Of | **Constitution* | | | | Government** | * | +=================+=================+=================+=================+ | 1st Republic | Emilio | Republican | Malolos | | | Aguinaldo | | constitution | | 1899-1901 | | | | +-----------------+-----------------+-----------------+-----------------+ | Commmonwealth | Manuel L. | Presidential | 1935 | | | Quezon | | constitution | | 1935-1943 | | | | +-----------------+-----------------+-----------------+-----------------+ | 2nd Republic | Jose P. Laurel | Japanese | 1943 | | | | Sponsored | constitution | | | | | | | | | Dovernment | | +-----------------+-----------------+-----------------+-----------------+ | 3rd Republic | Mar Roxas - | Presidential | 1935 | | | Ferdinand | | constitution | | 1946 - 1972 | | | | | | Marcos (1972) | | | +-----------------+-----------------+-----------------+-----------------+ | 4th Republic | Ferdinand E. | Parliamentary | 1973 | | | Marcos | | constitution | | 1973- 1986 | | | | +-----------------+-----------------+-----------------+-----------------+ | | | | 1981 Amendment | | | | | to 1973 | | | | | Constitution | +-----------------+-----------------+-----------------+-----------------+ | Revolutionary | | | Freedom | | | | | Constitution | | Government | | | | | | | | (1986) | | 1986 - 1987 | | | | +-----------------+-----------------+-----------------+-----------------+ | 5th Republic | Corazon Aquino | Presidential | 1987 | | 1987 up to | - up to the | | constitution | | present | present (2022) | | | +-----------------+-----------------+-----------------+-----------------+ **\*1981 Amendment to 1973 Constitution.** This is a significant development in the Constitution. **[Official Title: Batas Pambansa Blg. 122 also known as 1981 Amendments]** An Act To Submit To The Filipino People, For Ratification Or Rejection, The Amendments To The Constitution Of The Philippines, Proposed By The Batasang Pambansa, Sitting As A Constituent Assembly, In Its Resolutions Numbered Two, Three And One, And To Appropriate Funds Therefore. ***Approval Date: March 10, 1981*** **\*[Freedom Constitution (1986). ]**This is a transitional constitution to ensure democracy and freedom for orderly transfer while the Constitutional Commission is drafting the permanent constitution. It was used after the historical \"People Power\" **1897 PHILIPPINE CONSTITUTION** The Constitutional Commission was composed of forty-eight members appointed by Aquino from varied backgrounds, including several former members of the House of Representatives, former justices of the Supreme Court, a Roman Catholic bishop, and political activists against the Marcos regime. Aquino appointed Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, the constitution was ratified by a nationwide plebiscite on February 2, 1987. The 1987 Constitution gave way for the establishment of a representative democracy with three separate, independent and co-equal branches namely the Executive, a bicameral Legislature, and the Judiciary. 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: The Legislative Department Article VII: Executive Department Article VIII: Judicial Department Article IX: Constitutional Commission 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 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **INHERENT POWER OF THE STATE** **(Power of Taxation, Police Power & Power of Eminent Domain)** **INHERENT POWER** - - - POWER OF TAXATION An inherent power of the state to impose burdens upon its people and their properties within its jurisdiction, for the purpose of raising revenues or funds. This power is exercised through the legislature and is considered as the life blood of government as funds are needed in order to perform its duties and obligations of the state to its citizens. POLICE POWER This is the power vested in the Legislature by the Constitution to male, ordain, enact and establish reasonable laws or regulations, statues and ordinances, for the general welfare of the people for public health, public morals, public safety and obligation of the state to project it's citizens, for public safety and order in the society. It may violate a constitutional right of an individual in lieu of the common good. This power is based on the legal maxim ***"solus populi est suprema lex"*** ( the welfare of the people is the supreme law ) and ***"Sic utere tuo ut alienum non laedas"*** ( use your own property in such manner as not to injure that of another ). The law could be given retroactive effect and impair vested rights or contracts. (e.g., medical practice, permit to carry firearm, driver's license). Example of police power are the "liquor and gun bans" during the election period. It aslo includes IATF Resolution approved by the President ti implement quarantine period, lockdown and travel bans during the Covid 19 pandemic. Police power was practiced in the Manila City Ordinance 8027 issued during the administration of Major Lito Atienza, which classified Pandacan as a residential area and requires the transfer of the oil depot of Chevron Phils. Inc., Petron Crop. and Pilipinas Shell Petroleum Corp. POWER OF THE EMINENT DOMAIN This is the right of the state to acquire private property for public use upon payment of just compensation and observance of due process. It is the power of the government to take private property for public use. The taking must be a necessity and such necessity must be of public character. Eminent domain has been utilized traditionally to facilitate transportation, supply water, construct public buildings, and in defense of the people. **Requisites** 1. 2. 3. The inherent powers of the state are indispensable to the existence of a state. Generally exercised by the legislature, interference on private rights and properties are allowed for the common good. These powers are being exercised by the government even without the existence of a constitution but there should be equivalent compensation or benefit. +-----------------------------------------------------------------------+ | **ARTICLE XVI** | | | | **GENERAL PROVISIONS** | | | | **Section 1.** The flag of the Philippines shall be red, white, and | | blue, with a sun and three stars, as consecrated and honored by the | | people and recognized by law. | | | | **Section 2**. The Congress may, by law, adopt a new name for the | | country, a national anthem, or a national seal, which shall all be | | truly reflective and symbolic of the ideals, history, and traditions | | of the people. Such law shall take effect only upon its ratification | | by the people in a national referendum. | | | | **Section 3.** The State may not be sued without its consent. | +-----------------------------------------------------------------------+ +-----------------------------------------------------------------------+ | **ARTICLE XVII** | | | | **AMENDMENTS OR REVISIONS** | | | | **Section 1.** Any amendment to, or revision of, this Constitution | | may be proposed by: | | | | 1\. The Congress, upon a vote of three-fourths of all its Members; | | or | | | | 2\. A constitutional convention | | | | **Section 2.** Amendments to this Constitution may likewise be | | directly proposed by the people through initiative upon a petition of | | at least twelve per centum of the total number of registered voters, | | of which every legislative district must be represented by at least | | three per centum of the registered voters therein. No amendment under | | this section shall be authorized within five years following the | | ratification of this Constitution nor oftener than once every five | | years thereafter. | | | | The Congress shall provide for the implementation of the exercise of | | this right. | | | | **Section 3.** The Congress may, by a vote of two-thirds of all its | | Members, call a constitutional convention, or by a majority vote of | | all its Members, submit to the electorate the question of calling | | such a convention. | | | | **Section 4.** Any amendment to, or revision of, this Constitution | | under Section 1 hereof shall be valid when ratified by a majority of | | the votes cast in a plebiscite which shall be held not earlier than | | sixty days nor later than ninety days after the approval of such | | amendment or revision. | | | | Any amendment under Section 2 hereof shall be valid when ratified by | | a majority of the votes cast in a plebiscite which shall be held not | | earlier than sixty days nor later than ninety days after the | | certification by the Commission on Elections of the sufficiency of | | the petition. | +-----------------------------------------------------------------------+ **Steps in amending the 1987 Philippine Constitution** These two steps are Amendment and Ratification. 1\. Amending or revision to the Constitution 2\. Three methods for proposing amendments or revision of the Constitution. These are tree ways how a constitution can be amended. a\. By congress, upon a vote of three-fourths of all it\'s members (Art. XVII Sec. 1 par l) it is also known as Constituent assembly. b\. A Constitutional Convention. (Art. XVII sec. 1 par. 2) c\. By the people through initiative. (Art. XVII Sec. 2) 3\. Ratification of proposal. Any amendment to or revision of the Constitution shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision. (Article XVII Sec. 4, 1987 PC)