Philippine Constitution Week 1-8 PDF

#### POLS 102 - Philippine Constitution WEEK 1: COURSE INTRODUCTION/DISCUSSION OF SYLLABUS ================================================== WEEK 2-4 : PRELIMINARIES ======================== ###### I. PRELIMINARIES - Discuss nature and purpose of Constitution. - Recognize important concept...

#### POLS 102 - Philippine Constitution WEEK 1: COURSE INTRODUCTION/DISCUSSION OF SYLLABUS ================================================== WEEK 2-4 : PRELIMINARIES ======================== ###### I. PRELIMINARIES - Discuss nature and purpose of Constitution. - Recognize important concepts of Constitution. - Explain the importance of having a Constitution. ###### A. CONSTITUTION 1. 2. a. To prescribe the permanent framework of a system of b. To assign to the several departments their respective power c. To establish certain first principles on which the government 3. ###### B. STATE 1. 2. 3. 4. a. People b. Territory c. Government d. Sovereignty 5. e. As to number of persons exercising sovereign powers 1. Monarchy 2. Aristocracy 3. Democracy f. As to extent of powers exercised by the central or national 4. Unitary Government 5. Federal Government g. As to relationship between the executive and the legislative 6. Parliamentary Government a. The members of the government or cabinet or executive arm are, as a rule, simultaneously members of the legislature; b. The government or cabinet, consisting of political leaders of the majority party or of a coalition who are also members of the legislature, is in effect a committee of legislature; c. The government or cabinet has a pyramidal structure at apex of which is the Prime Minister or his equivalent; d. The government or cabinet remains in power only for as long as it enjoys the support of the majority of the legislature; e. Both government and legislature are possessed of control devices with which each can demand of the other immediate political responsibility. In the hands of the legislature is the vote of nonconfidence (censure) whereby a government may be ousted. In the hands of the government is the power to dissolve the legislature and call for new elections. 7. Presidential Government ### C. Other Basic Concepts 1. 2. a. Separation of Powers b. Principle of Blending of Powers c. Principle of Checks and Balances 3. WEEK 5-6 : PHILIPPINE CONSTITUTION PART I ========================================= ###### I. THE 1987 PHILIPPINE CONSTITUTION - Explain the distinguishing characteristics of geographical area of the Philippines. - Discuss the main domains of the Philippine territory. - Explain the effects of Philippine geography in relation to governance. ###### A. PREAMBLE 1. 2. ###### B. ARTICLE I- THE NATIONAL TERRITORY 1. 2. 3. 4. 5. 6. a. Should commit an offense while on a Philippine ship or b. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; c. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; d. While being public officers or employees, should commit an offense in the exercise of their functions; or e. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of the Revised Penal Code. ### C. ARTICLE II- DECLARATION OF PRINCIPLES AND STATE POLICIES 1. 2. Under Section 1 a. Republican State b. The Philippines is not only a representative or republican state but also shares some aspects of direct democracy such as initiative and referendum. Under Section 2 a. The kind of war renounced is aggressive, not, defensive war. b. Relate to Section 23, Article VI c. As applied in most countries, the doctrine of incorporation dictates that rules of international law are given equal standing with, and are not superior to, national legislative enactments. d. Some principles of international law acknowledged by the Court as part of the law of the land: 1. Universal Declaration of Human Rights 2. The right of a country to establish military commissions to try war criminals. (Kuroda v Jalandoni, 83 Phil 171) 3. Vienna Convention on Road Signs and Signals 4. Duty to protect the premises of embassies and legations. Under Section 3 Under Section 10 Under Section 12 Under Section 14 Under Section 15 and 16 Under Section 17 Under Section 18 Under Section 26 Under Section 28 WEEK 7-8 : PHILIPPINE CONSTITUTION PART II ========================================== - Define citizenship. - Discuss are Citizens of the Philippines. - Explain naturalization. - Answer this question: As a citizen, what can you contribute to your country? ###### D. ARTICLE IV- CITIZENSHIP 1. 2. a. Jus sanguinis -- acquisition of citizenship on the basis of blood b. Jus soli -- acquisition of citizenship on the basis of place of c. Naturalization -- the legal act of adopting an alien and clothing him with the privilege of a natural-born citizen. 3. d. Basic Philippine law follows the rule of jus sanguinis and e. Effect of naturalization of a father on legitimate minor children f. Effect on the wife of the naturalized husband g. The law cannot treat natural-born citizens and naturalized citizens differently except in instances where the Constitution itself makes a distinction. Otherwise, there would be a violation of the equal-protection clause. Under Section 5 a. Dual citizenship, as a disqualification from running for any elective position under the Local Government Code, must refer to citizens with dual allegiance. Persons with mere dual citizenship do not fall under this disqualification. b. Because Philippine law has no control over citizenship laws of other countries, dual citizenship can be unavoidable under the present Constitution. c. The specific target of Sec 5 is not dual citizenship but dual allegiance arising from, e.g., mixed marriages or birth in foreign soil. To the extent, however, that dual citizenship also imports dual allegiance, then it must also dealt with by law. The Constitution leaves the disposition of the problem of dual citizenship and dual allegiance to ordinary legislation. ###### E. ARTICLE V- SUFFRAGE 1. 2.