Philippine Constitution and Government

Helen Gemma R. Vallejos

The Constitutions of the Philippines Throughout History

1. Biak-na-Bato Constitution 2. Malolos Constitution 3. 1935 Constitution 4. 1943 Constitution 5. 1973 Constitution 6. Freedom (1986) Constitution 7. 1987 Constitution

The PREAMBLE
1987 Philippine Constitution

What is a Preamble?

Derived from the word PREAMBULARE which means, to walk before

An introduction to the constitution and is not a formal part of it

What is a Preamble?

Does not confer any right, imposes no duty and creates no office

Functions:

1. Indicates the author of the Constitution 2. Enumerates the primary aims and expresses the aspirations of the framers of the Constitution 3. Aids the construction and interpretation of the Constitution

The Philippine Preamble

We the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and to secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this Constitution.

The sovereign Filipino people

The author of the Constitution

The Constitution was drafted by the 1986 Consitutional Commission, but it was through the peoples ratification that it was made operative

Imploring the aid of Almighty God

The Philippines is the largest Catholic state in Asia

The preamble can be considered as a collective prayer

Patrimony

An inheritance from ones ancestors

A commitment for the Filipino people to continuously develop what their forefathers have given them

Posterity

Refers to all future generations to come

That the Filipinos will protect the independence of the Philippines for the present and future generations

Basic Constitutional Principles

Article 2, 1987 Philippine Constitution

1. The Philippines is a democratic and republican state

Benefit of the greater majority is the paramount concern Will of the majority is expressed through peoples representative in the government
Personal interest is subordinate to universal interest

The Philippines is a democratic and republican state

Sovereignty resides in the people and all government authority emanates from them. (Sec. 1, Art. II)
RECALL- voters can remove an elected official INITIATIVE REFERENDUM to accept or to reject a ballot question

Manifestations of the basic principles of republicanism

Existence of the bill of rights Observance of the rule of majority Observance of: government of laws and not of men State cannot be sued without its consent Legislature cannot pass irrepealable laws Process of election

2. Renunciation of war and adoption of generally accepted principles of international law

We only renounce aggressive or offensive war

The incorporation clause

3. Supremacy of civilian authority at all times over the military

A safeguard against military dictatorship

The President as the commander-in-chief

4. Prime duty of the government: serve and protect the people

The government as the servant of the people, not the other way around
Duty of the citizen to defend the State from any external aggression

5. Separation of Church and State

No official religion The State cannot set up a Church Freedom to profess belief or disbelief in any religion Freedom of religious ministers to exercise their calling Cannot be punished for entertaining or professing religious belief or disbelief

The State Policies

Article 2, 1987 Philippine Constitution

Foreign Relationship

The State shall pursue an independent foreign policy (Sec. 7, Art. II) Paramount considerations:
1. 2. 3. 4. National sovereignty Territorial integrity Right to self-determination National interest

Social Justice

those who have less in life should have more in law

Benefit for the common tao

Equality vs Equity

Human Rights

The State values the dignity of every human person and guarantees full respect for human rights. (Sec. 11, Art. II)
Commission on Human Rights
Chairman and 4 members Majority are required to be lawyers Natural-born Filipino citizens

Labor

Labor sector as the economic underdog Rights of workers:

1. Right to self-organization 2. Right to collectively bargain and negotiate 3. Right to conduct peacefully concerted activities, including the right to strike in accordance with law 4. Right to a security of tenure 5. Right to humane conditions of work 6. Right to a living wage 7. Right to participate in policy and decision-making process

Labor

Preferential use of labor, domestic materials and goods

Does not justify the oppression of the employers rights

Education

Greatest liability of the State a BUNCH OF IGNORANT CITIZENRY

Education as the highest budgetary priority

Academic freedom teacher, student, academic institutions

Youth

Revitalizing the role of the youth in nationbuilding

Women

Role of women in nation-building

Equality before the law between men and women

Protection for the working women

Family

Rerum Novarum (Leo XII) - limited in number but anterior to every kind of State or nation Basic unit of society Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

Miscellaneous

Former SC Chief Justice Isagani Cruz the greatest flaw of the 1987 Constitution is its verbosity Indigenous cultural communities, agrarian reform, urban land reform and housing, health, science and technology, language, arts and culture, and sports

General Provisions
Article XVI, 1987 Philippine Constitution

The Philippine Flag

Originally designed by MARCELLA AGONCILLO in Hongkong.

It was first flown in Kawit, Cavite on June 12, 1898 during the declaration of Philippine independence by Emilio Aguinaldo
shall be red, white and blue with a sun and three stars Design cannot be changed by mere statute

The Philippine Flag

Philippine Flag Law (Act No. 2928) Eight rays: Manila, Bulacan, Pampanga, Nueva Ecija, Tarlac, Laguna, Batangas and Cavite Three stars: Luzon, Visayas and Mindanao Red: bravery Blue: resistance against foreign invasion White: self-determination

The Philippine Name, Anthem and Seal

National name was of Spanish origin

National anthem is Lupang Hinirang musical arrangement and composition of Julian Felipe

The Philippine Name, Anthem and Seal

The Philippine Seal

Non-suability of the State

No legal right against the authority which makes the law on which the right depends
Principle of sovereign equality among States

The immunity can be waived

Suit against govt officials and govt agencies

Who to sue: the State or the official?

Incorporated agency vs Unincorporated agency

Military Policies

Security of the State requires the maintenance of police force

Restrictions are given to the Armed Forces of the Philippines to prevent what happened during the martial law period