Lesson 11 Supplement 1987 Constitution PDF

THE 1987 CONSTITUTION: THE PHILIPPINE STATE NATIONAL TERRITORY Summary of the 1987 Constitution On the State Territory ( Art I, 1 sec) / Principles & Policies (Art II, 28...

THE 1987 CONSTITUTION: THE PHILIPPINE STATE NATIONAL TERRITORY Summary of the 1987 Constitution On the State Territory ( Art I, 1 sec) / Principles & Policies (Art II, 28 secs) / Bill of Rights International Law- system of rules that is binding on states (Art III, 22 secs) / Citizenship (Art IV, 5 and thus defines the formal relationships between them. secs) / Suffrage (Art V, 2 secs) On the Legislature (Art VI, 32 secs) / Executive 5 fundamental rights of states: (1) existence, integrity, Government (Art VII, 23 secs) / Judiciary (Art VIII, 16 self-preservation; (2) sovereignty & independence; (3) secs) / Constitutional Commissions (Art equality; (4) property & jurisdiction; (5) diplomatic relations IX, 31 secs) / Local Government (Art X, 21 secs) / Accountability (Art XI, 18 secs) Inherent powers of the state: (1) eminent domain; On Policies National Economy and Patrimony (Art XII, (2) police power; (3) taxation 21 secs) / Social Justice & Human Rights (Art XIII, 19 secs) / Education, Science, Right to define territory given to states (makes it binding Technology, Culture & Sports (Art XIV, 19 under international law, make known claims, avoid conflict, secs) / Family (Art XV, 4 secs) / General acquire other territories). Provisions (Art XVI, 12 secs) Claims on: terrestrial, aerial, fluvial (internal, territorial sea), On the Preamble / Amendments and Revisions subsoil, submarine areas, seabed, insular shelf Constitution itself (Art XVII, 4 secs) / Transitory Provisions (Art XVIII, 27 secs) Types of states according to territory: a. land-locked; b. coastal; c. Island, d. archipelago THE PREAMBLE Summary of Maritime Territorial Jurisdiction Who: Sovereign Filipino people + Almighty God Territory Definition Extent Jurisdiction What: Promulgate the Constitutions Territorial Strip of water 12 -innocent passage Zone along coastline nautical -safeguard fisheries Why? Build a just and humane society over which miles -protective jurisdiction of Establish a government state is allowed from self-preservation -embody ideals & aspirations jurisdiction by the -punitive action - promote common good international baseline -apprehension of - conserve, develop patrimony law. Within the pirates/smugglers - secure (now and in posterity); zone are -operation of reserves, independence, democracy, rule of law, included land, sanitation, police laws internal waters, -criminal jurisdiction regime of truth, justice, freedom, love, archipelagic -civil jurisdiction equality, peace waters, air, subsoil, seabed Contiguous Adjacent strip Max. of -for the preservation of PRINCIPLES AND POLICIES Zone of water to the 24 infringement of customs territorial zone nautical and other laws in which serves as miles territorial seas Principles are starting points (=ideology) on which other an extension of from -pursuit of punishment of provisions and actions should be based + Policies are territorial the crimes within territorial statements of goals which can be translated into actions jurisdiction baseline seas Exclusive Extension 200 -for the purposeful Economic which includes nautical command of resources Principles: (1) Kind of state: democratic, republican, people Zone the waters, miles -establishment and use of sovereignty; (2) International Relations: denounce war, seabed from artificial islands, respect international law; (3) civilian over the military; (4) resources for the installations reciprocal rights of state and people; (5) democratic economic baseline -for marine scientific principles: peace & order, life, liberty, property, general exploration & research welfare); (6) separation of church and state (i.e., proper exploitation -for protection of the jurisdiction) environment Continental Submarine Equal to -for exploration and Shelf areas from the EEZ exploitation Policies: foreign policy; nuclear freedom; social order; territorial seas -exclusive rights human rights; family & unborn; youth; women; health; forming natural ecology; education, science, technology, culture & sports; prolongation of labor; national economy; private sector; rural development; continental indigenous peoples; NGOs; communication & information; margin but not public service; graft & corruption; disclosure of government including ocean floor High Seas All seas not -freedom in the high seas “recognize/protect/promote... for participation/nationalism/ covered by the -no claims of sovereignty progress/patriotism/welfare/development...” territory of any allowed state -rights of navigation -nationality of ships Claim to sovereignty & jurisdiction: Territorial (national Territory) Some Issues on Philippine Territory: - West Philippine Sea + - Sabah claim People (citizens) - UNCLOS  CITIZENSHIP BILL OF RIGHTS Citizenship – membership to a political community/state; a Natural rights relationship between an individual and state based on reciprocal rights and responsibilities Positive rights Right to define citizenship belongs to states: ius sanguinis (by blood), ius soli (by soil/place) Constitutional rights Statutory rights Citizenship is determined by the point-of-view of the relevant (guaranteed and protected state concerned by the government not granted) political rights / citizenship rights – to participate in Duties of citizens: 1. Absolute loyalty; 2. Defend the government processes country; 3. Uphold Constitution & obey laws; 4. Cooperate civil liberties / civil rights – rights of individuals for protection with authorities; 5. Exercise rights responsibly; 6. Engage in against government gainful work; 7. Register & vote human rights – rights proper to the dignity of man Filipino citizenship: Main Principle: Rights of individuals must be preserved and Main principle: by blood safeguarded through accepted processes of declared 1. those citizens when 1987 Constitution ratified; 2. those constitutional law and not any other way. born to Filipino mother or father; 3. those born under 1935 Definition: (1) basic definition of civil liberties; (2) establishes Constitution to Filipina mothers who elected Filipino relationship of the individual to the government; (3) define citizenship before Jan. 17, 1973 (i.e., 1973 Constitution); rights of individuals by limiting lawful powers of government 4. those naturalized as citizens Naturalization procedures How? Specify substantial rights (i.e., specify kind of limits Loss of citizenship: treason, conviction, expatriation, military placed on government, including the police, legislature, service in another country, fraud in naturalization judiciary and demand guarantees from government) Re-acquisition: repatriation Specify procedural rights (i.e., specifies how government is No dual allegiance supposed to treat individuals) Specify limitations to the rights SUFFRAGE A. Basic rights and liberties or freedoms: Suffrage – the right to vote or the exercise of that right 1. life, liberty, property, equal protection of the law Claim to democracy usually made in view of having regular 2. personal security (searches and seizures) elections and suffrage rights. 3. privacy of communication Popular sovereignty principle: “that there is no higher 4. free speech / expression authority than the will of the people is the basis of 5. religion democracy.” 6. abode and travel 7. information on public matters Scope of suffrage: 8. forming associations Elections - vote to fill a public office through representatives 9. private property providing indirect method of influencing policies 10. consummating contracts Referendum - vote in which electorate can express view on a particular issue of public policy; may be advisory or binding B. Legal proceedings and guarantees Plebiscite - vote to decide a policy question (Yes or No) 11. free access to courts and legal assistance Initiative - vote to raise issues for discussion/policy; means 12. accused in custody of law for the public to be able to raise legislative proposals 13. bail Recall - process by which the electorate can call officials to 14.due process account and to remove them 15. privilege of habeas corpus Universal Suffrage in the Philippines: citizen / 18 years old 16. speedy disposition of cases / not otherwise disqualified by law / 1 year residence in the 17. against being witness against oneself country / 6 months residence in the precinct prior to elections Special provisions for disabled, illiterate and absentee voting C. Other rights 18. political beliefs and aspirations 19. penal (of the convicted) Article Amendatory Provisions 20. against consequences of poverty (debts) XVII 21. double jeopardy 2/3 Majority 22. ex post facto and bill of attainder Congress Congress Electorate Article XVIII – Transitory Provisions - provisions added in the Constitution for smooth transition Proposal from the old to the new Constitution of 3/4 Constitutional People’s 1. Election dates and terms for first officials (Sec 2- 6-year Amendment Congress Convention Initiative: term for 12 senators and 3-year term for 12 senators); 12% of electorate 2. Salaries; 3. Roles of president, Congress, courts upon 3% in each district ratification of the Constitution; 4. Military bases; 5. Ill-gotten wealth (PCGG); 6. Expropriation of abandoned lands; Comelec 7. Effectivity of the new Constitution; 8. Sub-provinces, metro areas (MMDA); 9. Treaties; 10. Incumbent officials; Approval of proposed amendment 11. Applicability of existing laws and treaties; Ratification 12. Reorganization & affected employees; 13. Free Majority vote in a plebiscite 60-90 days after secondary schooling to be passed by Congress  OVERVIEW OF PHILIPPINE GOVERNMENT STRUCTURE MATRIX 0F FUNCTIONS AND POWERS OF THE THREE BRANCHES OF GOVERNMENT GENERAL STRUCTURE OF THE SEPARATION OF POWERS & CHECKS AND BALANCES PHILIPPINE GOVERNMENT LEGISLATIVE EXECUTIVE JUDICIARY UNITARY FORM ( CONSTITUTION – TO LEGISLATIVE CENTRAL – TO LOCAL GOVERNMENTS) Primary - Make laws Function Secondary - Impeachment - Impeachment Function - Approval of of justices appointments - Approve PRESIDENTIAL FORM - Approval of appointment of (SEPARATION OF treaties judges ART. 6 ART. 8 ART. 7 POWERS) - Control - Propose executive amendments to programs overrun SC through budget decisions ART. 9 - Create courts Shared - Executive - Try officials Function powers within brought to the legislature Congress ART. 7, ART 11 EXECUTIVE Primary - Execute or Function implement laws ART. 7 Secondary - Veto laws - Appoint judges Function - Call specials - Control sessions of execution of Congress court orders - Control - Pardoning enforcement of laws ART. 10 Shared - Legislate - Call fact Function through finding executive operations orders, decrees, ordinance, treaties ART. 10 JUDICIARY Primary Adjudicate or Function apply laws Secondary - Decide on - Freedom of Function meaning of laws judges from - Judicial review executive (unconstitutional control after laws) appointment - Declare executive actions as unconstitutional Shared - Interpretation Function of laws through - Executive court decisions functions within thereby making the judiciary judge made laws  THE PHILIPPINE LEGISLATURE Procedures (16) Article VI Sessions, quorum, adjournment, parliamentary procedures, Section 1-9: Nature, Houses, Membership by-laws, journal, records and books, discipline and expulsion, Section 10-14: Privileges and Limits Section 16-20: Organization, Procedures Powers and Functions Section 21-32: Powers, Functions, Law-Making 1. Law Making (26-27) 2. Oversee administration (21-22) The Bicameral Congress 3. Legitimize government action: war-2/3 (23); martial law (VII, 18); treaties (VII, 23); elections (VII, 4) Senate House 4. Spend money: appropriations and budget (24-25); taxesn Name Upper House House of and tariffs (28); treasury (29) Upper Chamber Representatives 5. Miscellaneous powers: create courts (30); prohibition Members called Lower House against nobilities (31) Senators Lower Chamber Congress Law-Making Process Members are called Representatives or Bill (HB or SB) Congressmen Main smaller; longer larger; shorter Differences terms; slower to act; terms; quicker to ORIGINAL HOUSE less rigid rules; act; more rigid rules; unlimited debates; limited debate; policy First Reading less policy concentration in specialization; less districts; more personal; more personal less Committee prestige prestige Membership 24 not more than 250 Shelf Favourable Report How Chosen elected at large elected from legislative districts (ration based on Second Reading inhabitants); elected debate, approval, printing, distribution via party list Qualifications natural born citizen; natural born citizen; 35 years old; 25 years old; Third Reading (voting) literate; registered literate; registered voter; resident for 2 voter in the district years prior to (except party list); elections resident for at least 1 OTHER HOUSE year in the district Term of office 6 years; not more 3 years; not more First Reading Second Reading Third Reading than 2 consecutive than 3 consecutive terms terms When elected 2nd Monday of May 2nd Monday of May Vacancies filled up through filled up through ORIGINAL HOUSE special elections for special elections for unexpired term unexpired term Amendments and Vote, if any Compensation determined by law determined by law (no change during (no change during term) term) Favourable Report CONFERENCE COMMITTEE Privileges and Limits Salaries (10); Immunity from arrest (11); Disclosure of interests (12); Prohibition to hold other offices (13) and Vote of Both Houses appearing as counsel (14) Organization & Procedures (16-20) PRESIDENT Senate House President Speaker Sign to Law Veto Committees Committees Comm. On Appointments Electoral Tribunal Electoral Tribunal Pro Tempore / Deputy ORIGINAL HOUSE (2/3) Pro Tempore Majority Floor Leader Majority Floor Leader Minority Floor Leader Minority Floor Leader Secretary of the House OTHER HOUSE (2/3) Senate Secretary LAW (R.A.)  THE PHILIPPINE EXECUTIVE Executive Vacancies (7-12) Article VII Section 1-6: Executive, Elections TEMPORARY Section 7-12: Vacancies VACANCY Section 13-23: Powers & Functions BEFORE Vice President President-elect TERM acts as President qualified The Presidency and Vice Presidency President Vice President President- Powers Chief of State As President (acting elect No Vice Senate Speaker Selection of Chief Executive or substitute) not yet President President Executives qualified determined Commander in Chief Assigned cabinet by Congress Chief Diplomat post Qualifications natural born; 40 natural born; 40 President- years old; literate; years old; literate; elect registered voter; 10 registered voter; 10 not yet years residency in years residency in chosen the Philippines the Philippines Term 6 years 6 years President permanently Vice President no re-election) no more than 2 becomes President consecutive terms disabled Election elected at large, 2nd elected at large, 2nd or died Monday of May Monday of May before term Compensation determined by law; determined by law; no change during the no change during the Temporary written declaration Vacancy to Congress of Vice-President term; no additional term; no additional inability (2/3 compensation compensation during separately) Term Election of Executives (4-5) majority of No Vice Senate Speaker cabinet President President Elections Permanent Vacancy Returns Acting Vice Senate Speaker Selection by President President President law Board of Canvassers in localities Vice Nominee by the President Confirmation President from among Congress by majority of Canvas Congress 10:00 of third day of special elections in President vacancy, Congress 45-60 days Senate President and Vice convenes President Open all certificates not later than 30 days in joint public hearing in Congress Executive Powers & Functions As chief-of-state: oath(5); official residence (6);pardon (19) Canvas of Votes As chief executive: limits to appointments (13); appointments (14-16); administration of government (17); budgeting (22); SONA (23) Plurality Ties Anomalies As commander-in-chief: control of military(18); martial law As chief diplomat: foreign loans (20); treaty-making (21) Majority of Senate Supreme Court Majority of House en banc Executive Departments Sector: Departments: Declared Winner Chosen Individual Results General government DFA, DOF, DBM, NEDA, Press Sec, Con Comms Agriculture & Resources DA, DAR, DENR Oath of Office Trade & Industry DTI, DOT Infrastructure, Info & Energy DPWH, DOE, DOTC Martial Law: in case of rebellion, invasion, public safety Educ, Science, Manpower DepEd, DOLE, DOST, State Limit: not suspend Constitution, courts, writ of habeas corpus universities & colleges (i.e., only for persons directly involved; charged in 3 days), Health & Social Welfare DOH, DSWD May be questioned by any citizen in the Supreme Court Defense & Public Order DND, DOJ Local Government DILG Proclamation w/in 48 hours 60 days extend report to Congress maximum or lift  THE PHILIPPINE JUDICIARY Article VIII Section 1-3: Court System Section 4-6: The Supreme Court Section 7-9; 10-12: Appointment of judges, tenure, limits Four-Level Integrated Court System Section 13-16: Powers & Functions Supreme Court Appointment of Judges Court of Appeals SandiganBayan Supreme Court Lower Courts Qualifications natural born natural born Court of Tax Regional Trial Courts Shari’a District citizen; 45 years citizen; member of Appeals Courts old; 15 years as the Philippine Bar; judge in lower qualifications courts; known for prescribed by MTC MTCC MCTC MetroTC Shari’a Circuit competence; Congress integrity and independence Regular Courts: SC,CA, RTC, MTC, MTCC, MCTC, MetroTC How appointed nominated by the nominated by the (original jurisdiction – trial courts) Judicial and Bar Judicial and Bar Special Courts: SC, SB CTA, Shari’a Council from list of Council from list of 3 nominees; 3 nominees; appointed by the appointed by the president; no president; no confirmation by confirmation by Congress Congress General Powers and Functions of Courts Term 70 years old 70 years old (retirement) in (retirement) in Adjudication Action Criminal good behavior good behavior Compensation fixed by law; not fixed by law; not Special Proceedings Civil decreased during decreased during term term Discipline Judges/Court Employees Attorneys The Judicial and Bar Council is created by the Constitution. Its main function is to recommend appointees to Rule-Making Rules of Court the judiciary. It is composed of: (1) the chief justice, (2) the secretary of justice, (3) a representative from Congress, (4) a Other Rules member of the Integrated Bar, (5) a retired member of the Supreme Court, (6) a professor of Law, (7) a representative from the private sector. Appointed by the president for 4 year terms. Powers of the Supreme Court 1. Original Jurisdiction (petitions for certiorari, prohibition, mandamus, quo warranto, habeas corpus, cases affecting Judicial Actions ambassadors, other public ministers and consuls) 2. Review Jurisdiction (petition for review from quasi-judicial Trial Case Non-Trial Case Supreme Court agencies, ordinary appeal from court hierarchy, automatic review) Case filed Court of Appeals Acceptance 3. Judicial Review: constitutionality & validity of acts Preliminary work Panel of judges Distribution of 3. Assignment of judges Trial: Legal Issue Lawyer arguments judges 4. Change venue of trials Decision Panel meeting Picking of cases 5. Command lower courts Sentence Decision : Mistake Written arguments 6. Appoint and discipline judicial hierarchy found or decision Briefs to judges 7. Rule-making upheld Oral arguments Conference Composition of Supreme Court: chief justice + 14 justices Opinion writing (en banc or 3-5-7) Publication LOCAL GOVERNMENT Local Government Units Article X Nature Executive Legislature Section 1-4: Nature of Local Government Barangay -primary -barangay Sangguniang Section 5-9: Functions and Official’s Terms planning & captain & Barangay Section 10-14: Local Government Units (LGU) implementing kagawad by (barangay Section 15-21: Autonomous Regions unit of local voters council) government for 3 year composed of -forum where terms; not the barangay collective more than 3 captain plus views are consecutive 6 members LEVELS OF LOCAL GOVERNMENT gotten & terms(as disputes determined PROVINCIAL GOVERNOR amicably by law, cf. settled RA 7160) -appointed PROVINCIAL SANGGUNIANG officials APPOINTIVE OFFICIALS PANLALAWIGAN (secretary & treasurer) Municipality -group of -mayor and Sangguniang CITY MAYOR MUNICIPAL MAYOR barangays vice mayor Bayan or Component -general all elected by Sangguniang City purpose local voters Panlunsod APPOINTIVE SANGGUNIANG APPOINTIVE SANGGUNIANG government for 3 year compsed of OFFICIALS PANLUNSOD OFFICIALS BAYAN Independent for terms; not vice mayor City coordination more than 3 (presiding) & and delivery consecutive members of basic, terms elected for 3 PUNONG BARANGAY regular and -appointed year terms; direct officials not more services (mandatory than 3 LUPONG SANGGUNIANG APPOINTIVE and optional) consecutive TAGAPAMAYAPA BARANGAY OFFICIALS terms Province -cluster of -governor Sangguniang SANGGUNIANG municipalities and vice Panlalawigan KABATAAN & component governor composed of cities elected by vice governor -political and local voters (presiding) & corporate for 3 year members Local Governments – political and territorial unit and terms; no elected for 3 subdivisions established through the enactment of a highest level more than 3 year terms; local government code, enjoying autonomy and of local consecutive not more directly falling under the supervision of the executive government terms than 3 (president) -appointed consecutive officials terms & Financial autonomy: given revenue powers; just (mandatory president of share in national taxes & optional) barangay federation * LGUs are created, merged by law after consultation through a plebiscite Constitution Organic Act Local Government Code Regional Government Powers of Autonomous Regions outlined Local Government Units by the Constitution: - administrative organization - sources of revenue Autonomous Regions - ancestral domain and natural resources - Special local governments given created by the - personal, family and property Constitution via Congress passing an Organic Act - urban and rural planning (subject to plebiscite) - economic, social and tourism - under direct supervision of the president - education - ARMM (Autonomous Region of Moslem Mindanao) - cultural heritage - peace and order  ACCOUNTABILITY OF PUBLIC OFFICIALS Article XI Section 1: Public office as a public trust Section 2-3: Impeachment Section 4: Sandiganbayan Removal from office of other Section 5-14: Ombudsman government officials Sec 15-18: Other Provisions (transparency & allegiance) Senators/Congressmen – expulsion (Art VI, sec. 16,3) Executive Department (Art VII, Sec. 16-17) Judges (Art VIII, Sec. 11) Local executives (Art X, Sec. 3) IMPEACHMENT PROCEDURE Government employees (CSC, Art IX, Sec. 13) Sandiganbayan – Anti-Graft Court (e.g., RA 3019- Anti-Graft and Corrupt Practices Act) Who? President / Vice President / Supreme Court Justice/ Constitutional Commissioners / Ombudsman Ombudsman (Tanod Bayan) - act on complaints against government officials Grounds: violation of Constitution, treason, bribery, - investigate graft & corruption, high crimes, betrayal of public trust - recommend actions - ask information - publicize investigative work House of Representatives = initiates - recommend to appropriate offices (CSC, Sandigan) Complaint filed Composition: Ombudsman + overall deputy + deputies for Luzon, Visayas, Mindanao and Military Official business within 10 days Ombudsman: natural born, 40 yeras old, member of the Philippine Bar, appointed by the president from 6 Committee (majority) within 60 days nominees of the Judicial and Bar Council, must not have been a candidate in the preceding election, 10 years as judge or practice of law Resolution Term: 7 years without reappointment; can’t run in the succeeding election Within 10 days 1/3 vote of all members Fiscal autonomy of the ombudsman (to affirm or override) Recovery of properties by the state No loans given to officials through government financial institutions Articles of Impeachment Transparency in assets and liabilities of public officials Change of citizenship or immigration Senate Trial (Chief Justice presides) Specific provisions: 14 - fiscal autonomy of the ombudsman 15 - Right of the state to recover properties 2/3 vote of all members 16 - Prohibition on loans & financial accommodations 17 - Submission of SALN 18 - Change of citizenship  CONSTITUTIONAL COMMISSIONS Article IX A. Common Provisions (Sec. 1-8) B. Civil Service Commission (Sec. 1-8) C. Commission on Elections (Sec. 1-11) D. Commission on Audit (Sec. 1-4) Function Composition Officials CSC - government - chairman - natural born employment plus two -35 years old office commissioners -capacity for Public Administration – management of public - direct control - appointed by public affairs or of government; basic functional areas: over civil the president administration personnel management, financial management service for 7 years - has not been - make civil with no a candidate in Civil Service – non-elected, permanent employees of service rules reappointment the preceding government; appointment and tenure based on merit - implement - requires election civil service consent Elections – filling up of public office through choices rules and made by a designated body of people or the electorate merit system (exams) COME - government - chairman - natural born Political Parties – group of people organized to gain LEC recruitment plus 6 - 35 years old formal representation or win government power agency commissioners - holder of a - enforce laws - appointed by college degree Public Finance – financial management of on lections the president - has not been government (revenues, expenditures, accounting, - make rules for 7 years a candidate in auditing) for election with no the preceding procedures reappointment election - oversee - requires parties, consent Constitutional Commissions candidates - majority are - special offices created by the Constitution lawyers COA - government - chairman - natural born - independent auditing plus two - 35 years old - supreme in their respective spheres agency commissioners - CPA or - given fiscal autonomy - checks on - appointed by lawyer with 10 - multi-headed (appointed officials; impeacheable) revenues and the president years - decisions made by majority vote expenditures for 7 years experience of government with no - has not been offices reappointment a candidate in - ensures - requires the preceding Functions: proper consent election - implement laws (e.g., election code, civil service law) disposition of - handle quasi-judicial cases (overseen by the SC) public funds - investigate and prosecute - make own rules - deputize people according to law - recommend to Congress - recommend to the Executive - submit reports to Congress and the Executive