Basic Concepts About the Constitution

8/3/2019 Basic Concepts About the Constitution

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by Ms. Mary Grace P. Ronquillo


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I. Definition of Constitution

II. Political Genesis of the Constitution

III. Essential Parts of the ConstitutionIV. Articles of the 1987 Philippine

Constitution

V. Elements of the StateVI. Kinds of Government

VII.Inherent Powers of the State


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- - is the body of rules and maxims in accordance

with which the powers of the state are habitually

exercised. (Cooley)

- - is the organic and fundamental law of the state.

(Blacks Law Dictionary)

Principle of Supremacy of the Constitution

If a law violates any norm of the constitution, that law is regarded as null and void. Hence, it has no

effect because the Constitution is supreme over

other laws.


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Constitution Date of Ratification

Biak na Bato Constitution November 1, 1897

Malolos Constitution November 29, 1898

1935 Constitution May 14, 1935

1943 Constitution September 4,1943

1973 Constitution January 17, 1973

1986 Constitution March 24, 1986

1987 Constitution February 2, 1987


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A. Constitution of Government (Art. VI-XI)

B. Constitution of Liberty (Art. III-V, XII-XV)

C. Constitution of Sovereignty (Art. XVII)

Note: The Preamble is not an essential part

of the Constitution.


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Art. I The National Territory

Art. II Declaration of Principles and

State Policies

Art. III Bill of Rights

Art. IV Citizenship

Art. V Suffrage

Art. VI Legislative DepartmentArt. VII Executive Department

Art. VIII Judicial Department

Art. IX

Constitutional Commissions


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Art. X Local GovernmentArt. XI Accountability of Public OfficersArt. XII National Economy and Patrimony

Art. XIII Social Justice and Human RightsArt. XIV Education, Science and

Technology, Arts, Culture andSports

Art. XV The FamilyArt. XVI General ProvisionsArt. XVII Amendments or RevisionsArt. XVIII Transitory Provisions


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A. People

- refers to the inhabitants of a state bindby law, living together for the purpose of

mobilizing a polity.

- it includes citizens, inhabitants and the

electorate.


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B. Territory

- is the geographical profile of a state that includes terrestrial, fluvial

and aerial domains.

Art. I The National Territory

The national territory comprises the Philippine archipelago, with all the

islands and waters embraced therein, and all other territories over

which the Philippines has sovereignty or jurisdiction, consisting of its

terrestrial, fluvial and aerial domains, including its territorial sea, the

seabed, the subsoil, the insular shelves, and other submarine areas.

The waters around, between, and connecting the islands of the

archipelago, regardless of their breadth and dimensions, form part of

the internal waters of the Philippines.


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C. Government

- is the agency/instrumentality of a state through

which the will of the people is formulated,

expressed and carried out.

Three Branches the Government:

1. Executive implement/administer the laws.

2. Legislative enact, amend, repeal or revise thelaws.

3. Judicial interpret/construe the meaning or

substance of the laws.


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D. Sovereignty

- is the supreme power of the state to exact

obedience to its laws upon its citizens.

Kinds of Sovereignty:

1. Internal Sovereignty the power of the

state to control and govern its people withinits territory.

2. External Sovereignty the freedom of the

state from external control or intervention.


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A.As to the Number of Ruler/s

1. Monarchy one man rule. The power is usually

vested in the King or Queen of a Royal Family.

2. Oligarchy the power is vested in few individualsor in a dominant class/group in the society.

3. Democracy rule by the mob or the power is

vested in the people.

a. Direct Democracy the people directly run the

government.

b. Indirect Democracy/Republican the people

choose their representatives to govern them in

public affairs.


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B.As to the Extent ofAuthority

1. Central/National exercises control and

authority throughout the territory of the

state.

2. Local exercises control and authority

only through their a particular politicalsubdivision (e.g. province, city,

municipality, barangay).


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C.As to the Extent of Powers

1. Unitary all powers are centralized in the

national government and devolved into

the local government units.

2. Federal there is a division of powers

and functions between the federalgovernment and local government units.


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D.As to the Government System

1. Presidential based on separation of

powers. The powers of the executive,legislative and judicial branches of the

government are separated from one another;

however they are coordinated and co-equal.

2. Parliamentary the executive and legislative

powers are fused or merged into one through

the creation of a Parliament.


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E.As to the Nature of Power

1. De Jure the government has a rightful

title but no actual power or control over

the people to execute its functions.

2. De Facto the government is exercising

actual power or control over the peoplebut without a rightful title to execute such

functions.


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A. Police Power

- is a fundamental right of a state to enact laws

or regulations to promote the general welfareof the people in relation to the right of and

enjoyment of persons to life and property. (Law

of OverridingNecessity)

- is based on the Principle of Salus PopuliSuprema Est Lex(the welfare of the people is

the supreme law).


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B. Taxation

- is the power of the State to levy or

impose charges upons persons, property

or institutions, as may be defined by law

in order to defray the expenses of the

government and to enable it to fullydischarge its functions.


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C. Eminent Domain

- is the power of the state to acquire,

confiscate, or take private property for

public use upon payment of just

compensation.

- can be exercised by private authorities.

Basic Concepts About the Constitution

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