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101 Lecture on
The Philippine
CONSTITUTION
Every state has had a constitution of some
kind whether it be an elaborate document or just a
collection of rules. It is inconceivable how a state
could exist or survive without a constitution of some
form.
The foundation of the system of
government of the Philippines is the constitution.
Introduction
In its broad sense, the term
constitution refers to the “body of rules
and principles in accordance with which the
powers of sovereignty is regularly
exercised.”
Etymology:
Latin word “CONSTITUO” which
means “fixed”, “established”, or “settled”
Constitution defined:
“Constitution is a written instrument
(document) by which the fundamental
powers of government are established,
limited, and defined, and by which these
powers are distributed among several
departments for their safe and useful
exercise for the benefit of the body
politic.” -Justice Miller, US Supreme Court
Constitution defined:
1. Serves as the supreme or fundamental law.
It is the Charter creating the government.
It is binding to all individual citizens and all organs
of the government.
It is the law to which all other laws must conform.
It is the test of the legality of all governmental
actions.
Constitutional Law
Constitution may be classified as follows:
1)As to origin and history:
a) Conventional or enacted—one which is enacted by a
constituent assembly or granted by a monarch to his
subjects (e.g. Constitution of Japan)
b)Cumulative of evolved—one which is a product of a
long period of development originating in customs,
traditions, judicial decisions etc, rather than from
deliberate and formal enactment. (e.g. English
Constitution)
Typology of Constitution
Constitution may be classified as follows:
2) As to form:
a) Written Constitution—one which has been given
definite form at a particular time, usually by a
specially constituted authority called a “constitutional
convention” or “constitutional commission”.
b)Unwritten Constitution—one which is entirely a
product of political evolution, consisting largely of a
mass of customs, usages, and judicial decisions.
Typology of Constitution
Constitution may be classified as follows:
3) As to manner of amending them:
a) Rigid or inelastic—one regarded as a document of
special sanctity, which can not be amended or altered
except by some special machinery other than
ordinary legislative process.
b)Flexible or elastic—one which possesses no higher
legal authority than ordinary laws and which may be
altered in the same way as other laws.
Typology of Constitution
The 1987 Philippine Constitution is
thus a conventional/enacted,
written, and rigid/inelastic
constitution.
It has the advantage of clearness and
definiteness over an unwritten one. Since the
written constitution is a binding document, the
rights of the citizen is more secured.
Its disadvantage lies in the difficulty of its
amendment. This prevents the immediate
introduction of needed reforms and may thereby
retard the healthy growth and progress of the
State.
Preamble
1) Sets down the origin and purposes of
the constitution.
2) May serve as an aid in its
interpretation.
Note: The preamble has no legal
implications.
PRINCIPLES
Section 1. The Philippines is a democratic and
republican State. Sovereignty resides in the people
and all government authority emanates from them.
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.
Section 4. The prime duty of the Government is to
serve and protect the people. The Government may
call upon the peopleARTICLE
to defend II the State and, in the
DECLARATION
fulfillment OF PRINCIPLES
thereof, all citizens may be required,
under conditions
AND provided
STATE by law, to render
POLICIES
personal, military or civil service.
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.
Section 6. The separation of Church and
ARTICLE II
State shall be inviolable.
DECLARATION OF PRINCIPLES
AND STATE POLICIES
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.
ARTICLE II
Section 8. The Philippines, consistent with the
DECLARATION
national OF and
interest, adopts PRINCIPLES
pursues a policy
of freedom AND
fromSTATE
nuclearPOLICIES
weapons in its
territory.
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 ARTICLE II vital role of the
recognizes the
youthDECLARATION
in nation-building andOF PRINCIPLES
shall promote and protect
their physical, moral,
AND spiritual,POLICIES
STATE intellectual, and social
well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public
and civic affairs.
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 25. The State shall ensure the
autonomy of local governments. (see Art.
X)
ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
Research on the issue of the Philippines-China dispute
over the Spratlys Island. Use the following rubric/format and
answer the following questions:
Introduction (historical background of the dispute, claimant of
the territory, location on the globe.)
Discussions: how did the dispute began? What are the reasons
for the dispute? How did UN respond to the issue? What are the
Philippine government’s argument in claiming some part of the
island?
Resolution: a) Recent developments.
b) What is your stand regarding this issue? Do we continue to
claim the territory even in the provocation of a war?
Midterm Paper