Documenti di Didattica
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Territory
Government
Sovereignty
ORIGIN OF THE STATE
it holds that the state of divine
creation and the ruler is obtained by GOD to
govern the people. Reference has been
made by advocates of this theory to the laws
which Moses received at Mt. Sinai.
it maintains that
states must have been created through force
by some great warriors who imposed their
will up on the week.
it attributes the
origin of states to the enlargement of the
family, which remained under the
authority of the father or the mother. By
natural stages, the family grew into a clan
, then developed into a tribe which
broadened into a nation becomes a state.
it asserts that
the early states must have been
formed by deliberate and voluntary
compact among the people to form a
society and organize government for
their common good. This theory
justifies the right of the people to
revolt against a bad ruler.
FUNCTIONS OF THE STATE
Constituent only buy way of society and
are, and are those which constitute the
bond of society and are, therefore
compulsory in nature.
Ministrant those undertaken herefore
options of such as public works,
publication, public charity, health and
safety regulations and regulation of trade
and commerce.
STATE DISTINGUISHED FROM NATION
A is a group of persons
occupying a portion of the territory
sharing the same language, culture,
tradition and history.
INHERENT POWERS OF THE STATE
a discovery of a particular
portion of the earths surface coupled
with occupation . A discovery without
occupation will not make the discover the
owner thereof.
the continued and
interrupted occupation of a territory for a
long period of time by one state.
it is the process where the land
area of a state caused by the operation of
either the forces of nature, or artificially
through human labor, is increased.
- is a bilateral agreement whereby
one state transfers to another state a
definite portion of its territory by means of
force.
- the acquisition of territory by
means of force.
FORMS OF GOVERNMENT
Constitutional Convention
Peoples initiative
. The Philippines is a
democratic and republican state.
Sovereignty resides in the people
and all government authority
emanates from them.
. The Philippines renounces
war as the instrument of national
policy, adopts the generally accepted
principles of international law of the
land and adheres to the policy of
peace, equality, justice, freedom,
cooperation and amity wit all
nations.
A republican government is a democratic
government by representatives chosen by the
people at large. The essence therefore, of a
republican state is indirect rule. The people
have established the government to govern
them. Its officers from the highest to the
lowest servants of the people and not their
masters. They can only exercise powers
delegated to them by the people who remain
as the ultimate source of political power and
authority.
Renunciation of war as an instrument of national policy is the
first aspect of the declaration. Its accordance with the
principle in the United Nations Charter binding all members
to refrain in the international relations or use of force
against territorial integrity or political independence of any
state. The declaration refers only to the declaration of the
Philippines of aggressive war, not in defense of her national
honor and integrity.
Civil 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 in the
integrity of the national territory.
The idea of the supremacy of the civilian
authority, the highest of such authority being the
president, over the military has always been
recognized in our jurisdiction by implication from
express provision of the 1935 Constitution and
by practice.
The separation of the State shall be inviolable.
The principle of the separation of the Church and the
State being inviolable is implied from the constitutional
prohibitions that no law shall be made respecting an
establishment of religion and that no public money or
property shall be appropriated, applied, paid or
employed, directly or indirectly, for use, benefit, or
support of any sect, church domination, sectarian
institution or system of religion.
ARTICLE III
BILL OF RIGHTS
1. power
to enact laws intended as rules of
conduct to govern the relations
among individuals and the state.
2. powers which the Constitution
expressly directs or authorizes Congress to
exercise like the power to choose who shall
become the President in case two or more
candidates have an equal and highest number
of votes, to confirm certain appointments by
the President, to promote social justice, to
declare the existence of a state of war, to
impose taxes, to impeach, to act as a
constituent assembly.
3. those essential or
necessary to the effective exercise of
the powers expressly granted, like the
power to conduct inquiry and
investigation in aid of legislation, to
punish for contempt, to determine the
rules of its proceedings.
4. powers which are
possessed and can be exercised by
every government because they exist as
an attribute of sovereignty.
THE SENATE
it is composed
of 24 senators who are elected at large
by qualified voters, as may be provided
by law.
six (6) years
QUALIFICATION OF A SENATOR
A natural born citizen of the Philippines
At least 35 years of age on the date of the
election day
Able to read and write
A registered voter
A resident of the Philippines for not less
than two (2) years immediately proceeding
the election day
a Senator is
disqualified to serve for more than
two consecutive terms but can still
run for reelection after a break or
interval.
one who has all
the qualifications for a voter and
none of the disqualifications
provided by law and who has
registered himself in the list of
voters.
the place where one
has his true permanent home and
to which, whenever, absent, he
has the intention of returning.
THE HOUSE OF REPRESENTATIVES
1. First reading
2. Referral to appropriate
committee
3. Second reading
4. Debates
5. Printing and Distribution
6. Third reading
7. Referral to the other house
8. Submission to join bicameral
committee
9. Submission to the President
ARTICLE VII
EXECUTIVE DEPARTMENT
1. Appointing power
President must appoint the
following:
Heads of the executive department
Ambassadors
AFP officers
Chairman and members of the
Independent Constitutional
Commissions
2. Power to revoke any appointments
made by the acting president
3. Power of control over all executive
department etc.
4. Military Power
5. Power to grant reprieve, commutations
and pardons
6. Power to contract and guarantee
foreign loan
7. Power to enter into treaties or the
international agreement
8. Budgetary power
9. Power to address the congress
ARTICLE VIII
JUDICIAL DEPARTMENT
1.
1. He must be a natural-born
citizen of the Philippines, a
naturalized citizen may not be
appointed.
2. He must be at least forty (40)
years of age
3. He must have, for fifteen (15) years or
more, been a judge of a lower court or
engaged in the practice of law in the
Philippines
4. He must be a person of proven
competence, integrity, probity and
independence
ARTICLE IX
CONSTITUTIONAL COMMISSION
A. Common Provisions
Independent Constitutional Bodies
The Three Constitutional Commission
are:
1. Commission on Civil Service
2. Commission on Audit
3. Commission on Election
COMMON FEATURES
1. They are all multi-headed
bodies
2. They are categorized as
independent by constitution.
3. Their powers and functions are
defined in the constitution.
4. The commissioners are required to be
natural-born citizens of the Philippines./
5. Their term of office is staggered with
two years interval.
6. The commissioner appointed are
ineligible for reappointment for a period
beyond the maximum tenure of seven
years.
7. Appointment of any vacancy is only for
the unexpired portion of the term of the
predecessor.
8. The commissioners cannot be appointed
or designated in the temporary or acting
predecessor.
9. The commissioners are removable only
by impeachment.
THE CIVIL SERVICE COMMISSION
1. Province
2. City
3. Municipality
4. Barangay
5. Autonomous regions
these units are also called the political
subdivisions of the country.
POWERS OF LOCAL GOVERNMENTS
Labor
Section 3
The state shall afford full protection
to labor, local and overseas,
organized and unorganized and
promote full employment and
equality of employment opportunity
for all.
It shall guarantee the rights of all workers to self-
organization, collective bargaining and negotiations, and
peaceful concerted activities, including the right to strike in
accordance with law. They shall be entitled to security of
tenure, humane conditions of work and a living wage. They
shall also participate in policy and decision-making
processes affecting their right and benefits as may be
provided by law.
Education
Section 3. (1) All educational institutions shall
include the study of the Constitution as part of
the curricula.
1. inculcate patriotism and nationalism
2. foster love of humanity
3. respect for human rights
4. appreciation of the role of national heroes in
the historical development of the country
5. teach the rights and duties of citizenship
6. strengthen ethical and spiritual values
7. develop moral character and personal discipline
8. encourage critical and creative thinking
9. broaden scientific and technological knowledge
10. promote vocational efficiency
ARTICLE XV-THE FAMILY
In article 52 of the Civil Code, Marriage is not a
mere contract but an inviolable social
institution