Preamble and Constitutional Principles with State Policies

8/13/2019 Preamble and Constitutional Principles with State Policies

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Philippine Constitutionand Government

Helen Gemma R. Vallejos


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The Constitutions of the PhilippinesThroughout History

1. Biak-na-Bato Constitution

2. Malolos Constitution

3. 1935 Constitution

4. 1943 Constitution5. 1973 Constitution

6. Freedom (1986) Constitution

7. 1987 Constitution


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The PREAMB

1987 Philippine Constitu


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What is a Preamble?

Derived from the word PREAMBULAREwhich means, to walk before

An introduction to the constitution andis not a formal part of it


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What is a Preamble?

Does not confer any right, imposes no

duty and creates no office


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Functions:

1. Indicates the author of the Constitution

2. Enumerates the primary aims andexpresses the aspirations of the framer

of the Constitution3. Aids the construction and interpretatio

of the Constitution


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The Philippine Preamble

We the sovereign Filipino people, imploring taid of Almighty God, in order to build a just ahumane society and establish a government thshall embody our ideals and aspirations, promo

the common good, conserve and develop opatrimony, and to secure to ourselves and oposterity the blessings of independence ademocracy under the rule of law and a regime truth, justice, freedom, love, equality and peac

do ordain and promulgate this Constitution.


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The sovereign Filipino people

The author of the Constitution

The Constitution was drafted by the 1986

Consitutional Commission, but it wasthrough the peoples ratification that it wamade operative


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Imploring the aid of Almighty God

The Philippines is the largest Catholic statein Asia

The preamble can be considered as acollective prayer


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Patrimony

An inheritance from ones ancestors

A commitment for the Filipino people to

continuously develop what their forefatherhave given them


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Posterity

Refers to all future generations to come

That the Filipinos will protect the

independence of the Philippines for thepresent and future generations


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Basic Constitutional Principl

Article 2, 1987 Philippine Constitu


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1. The Philippines is a democratic andrepublican state

Benefit of the greater majority is theparamount concern

Will of the majority is expressed throughpeoples representative in the government

Personal interest is subordinate to universalinterest


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The Philippines is a democratic andrepublican state

Sovereignty resides in the people and algovernment authority emanates fromthem. (Sec. 1, Art. II)RECALL- voters can remove an elected official

INITIATIVE

REFERENDUM to accept or to reject a ballotquestion


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Manifestations of the basic principles ofrepublicanism

Existence of the bill of rights

Observance of the rule of majority

Observance of: government of laws and no

of men State cannot be sued without its consent

Legislature cannot pass irrepealable laws

Process of election


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2. Renunciation of war and adoption of generallyaccepted principles of international law

We only renounce aggressive or offensivewar

The incorporation clause


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3. Supremacy of civilian authority at all timover the military

A safeguard against military dictatorship

The President as the commander-in-chief


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4. Prime duty of the government: serve andprotect the people

The government as the servant of thepeople, not the other way around

Duty of the citizen to defend the State froany external aggression


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5. Separation of Church and State

No official religion

The State cannot set up a Church

Freedom to profess belief or disbelief in an

religionFreedom of religious ministers to exercisetheir calling

Cannot be punished for entertaining orprofessing religious belief or disbelief


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The State Polici

Article 2, 1987 Philippine Constitu


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Foreign Relationship

The State shall pursue an independentforeign policy (Sec. 7, Art. II)

Paramount considerations:

1. National sovereignty2. Territorial integrity3. Right to self-determination4. National interest


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Social Justice

those who have less in life should havemore in law

Benefit for the common tao

Equality vs Equity


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Human Rights

The State values the dignity of everyhuman person and guarantees full respectfor human rights. (Sec. 11, Art. II)

Commission on Human Rights Chairman and 4 members

Majority are required to be lawyers

Natural-born Filipino citizens


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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 tostrike 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


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Labor

Preferential use of labor, domestic materiaand goods

Does not justify the oppression of theemployers rights


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Education

Greatest liability of the State a BUNCH OIGNORANT CITIZENRY

Education as the highest budgetary priority

Academic freedom teacher, student,academic institutions


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Youth

Revitalizing the role of the youth in nationbuilding


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Women

Role of women in nation-building

Equality before the law between men and

women

Protection for the working women


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Family

Rerum Novarum (Leo XII) - limited innumber but anterior to every kind of Stateor nation

Basic unit of societyMarriage, as an inviolable socialinstitution, is the foundation of the familyand shall be protected by the State.


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Miscellaneous

Former SC Chief Justice Isagani Cruz thegreatest flaw of the 1987 Constitution is itverbosity

Indigenous cultural communities, agrarianreform, urban land reform and housing,health, science and technology, language,arts and culture, and sports


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General Provisio

Article XVI, 1987 Philippine Constitu


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The Philippine Flag

Originally designed by MARCELLAAGONCILLO in Hongkong.

It was first flown in Kawit, Cavite onJune 12, 1898 during the declaration ofPhilippine independence by EmilioAguinaldo

shall be red, white and blue with asun and three stars

Design cannot be changed by merestatute


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The Philippine Flag

Philippine Flag Law (Act No. 2928)

Eight rays: Manila, Bulacan, Pampanga, NuevaEcija, Tarlac, Laguna, Batangas and Cavite

Three stars: Luzon, Visayas and Mindanao

Red: bravery

Blue: resistance against foreign invasion

White: self-determination


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The Philippine Name, Anthem and Seal

National name was of Spanish origin

National anthem is Lupang Hinirang

musical arrangement and composition ofJulian Felipe


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The Philippine Name, Anthem and Seal

The Philippine

Seal


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Non-suability of the State

No legal right against the authority whichmakes the law on which the right depends

Principle of sovereign equality among State

The immunity can be waived


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Suit against govt officials and govt agencie

Who to sue: the State or the official?

Incorporated agency vs Unincorporated

agency


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Military Policies

Security of the State requires themaintenance of police force

Restrictions are given to the Armed Forcesof the Philippines to prevent what happeneduring the martial law period

Preamble and Constitutional Principles with State Policies

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