Revised consti article 2 dec 7

The Philippine

CONSTITUTION

The Philippine

CONSTITUTION

Prepared by RPC RPC 2013

IntroductionIntroduction

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.

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Constitution defined:Constitution defined:

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”

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Constitutional ConstructionConstitutional Construction In Francisco vs House of

Representatives, G.R NO. 160261 Nov. 10, 2003 The SC made reference to the use of well settled principles of constitutional construction (Nachura, 2009 , p.3)

1 VERBA LEGIS

2 RATIO LEGIS ET ANIMA

3. UT MAGIS VALEAT QUAM PEREATRPC 2013

VERBA LEGISVERBA LEGIS

Whenever possible, the words used in the CONSTITUTION must be given in their ordinary meaning except where technical terms are employed

Constitution is not primarily a LAWYER’S document

It being essential for the rule of law to obtain that it should be presented in the PEOPLE’S CONSCIOUSNESSRPC 2013

Ordinary meaning

(own interpretation of the CONSTITUTION)

VERBA LEGISVERBA LEGIS

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RATIO LEGIS ET ANIMARATIO LEGIS ET ANIMAThe words of the constitution

should be interpreted in accordance with the intent of the framers

If there’s an ambiguity return to framer’s intention

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UT MAGIS VALEAT QUAM PEREATUT MAGIS VALEAT QUAM PEREAT

No separation of parts, it must be interpreted as a whole

It should be interpreted together as to effectuate the whole purpose of the Constitution

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“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:Constitution defined:

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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.

Nature and Purposes Nature and Purposes

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2. Establishes the basic framework and underlying principles of government.

Prescribes the permanent framework of the system of government, and assigns to the different department or branches, their respective powers anD duties. (Art.I)

To establish certain basic principles on which the government is founded. (Preamble, Art.I)

Designed to preserve and protect the rights of the citizen against the Powers of the State. (Art III)

Nature and Purposes Nature and Purposes

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Constitutional LawConstitutional Law

It is defined as the branch of public law which deals with constitution: their nature, formation, amendment, and interpretation.

It is also the law embodied in the Constitution as well as the principles growing out of the interpretation and application made by the courts, specifically the Supreme Court.

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Typology of ConstitutionTypology of Constitution

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)RPC 2013



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.RPC 2013



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.

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The 1987 Philippine Constitution is thus a conventional/enacted, written, and rigid/inelastic constitution.

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Pros and Cons of a written constitutionPros and Cons of a written 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.

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Requisites of a good written constitutionRequisites of a good written constitution

BRIEF: because if a constitution is too detailed, it would lose the advantage of a fundamental law. It would never be understood by the public.

BROAD: because a statement of the powers and functions of government, and of the relations between the governing body and the governed, requires that it be as comprehensive as possible.

DEFINITE: because otherwise the application of its provision to concrete situations may prove unduly difficult if not impossible.

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Constitution of the Republic of the Philippines

Constitution of the Republic of the Philippines1) The 1935 Constitution

Ratified on May 14, 1935

Features: a) Established the Commonwealth Government.

b) Provided a Democratic and

Republican government

c) Inclusion of the Bill of Rights

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Constitution of the Republic of the Philippines2) The 1973 Constitution

Ratified on January 17, 1973

Features: a) Establishment of a modified parliamentary government.

b) Suspension of the Bill of Rights.

c) Has given greater power to the Executive Department.

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Constitution of the Republic of the Philippines3) The 1987 ConstitutionRatified on February 2, 1987

Features: a) Reinstitution of a Democratic Government.

b) Separation of Church and State.

c) Sovereignty of the people.

d) Renunciation of war as a national policy.

e) Supremacy of Civilian authority over the military.

f) Separation of Powers

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PreamblePreamble

From Latin “preambulare” which means “to walk before”.

It is an introduction to the main subject.

It is the prologue of the Constitution.

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Preamble: purpose and valuePreamble: purpose and value

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.

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WE THE SOVEREIGN FILIPINO PEOPLE

PREAMBLE1987 Philippine ConstitutionMr. Jun Dumaug

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 SECURE TO OURSELVES AND OUR POSTERITY, THE

BLESSINGS OF INDEPENDENCE AND

DEMOCRACY

under the RULE OF LAW and a

REGIME OF TRUTH

JUSTICE

FREEDOM

EQUALITY

do ordain and

promulgate this

constitution

PreamblePreambleWe, 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 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.

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Article I: National TerritoryArticle I: 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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Archipelagic DoctrineArchipelagic Doctrine

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 (2nd sentence Sec 1 Article 1)--Nachura, 2009

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This ARTICULATES that:This ARTICULATES that:

Based on the principle that an archipelago which consists of a number of islands separated by bodies of water, should be treated as one integral unit--Nachura, 2009

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AArticle 2: rticle 2:

DeclaratioDeclaratio

n of n of

Principles Principles

and State and State

PoliciesPolicies

• contains 28 sections divided into two parts.

The first part: Enumerates the principles of the State such as the democratic and republican nature of the Philippine State; the supremacy of civilian authority over the military; the people's duty to defend the State; separation of Church and State; and renunciation of war as an instrument of national policy.

The second part: The second part:

stipulates the State policies such as the promotion of an independent foreign policy; recognition of the youth's and women's role in nation-building; promotion of a comprehensive rural development and agrarian reform; and the promotion of social justice.

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ARTICLE IIDECLARATION OF PRINCIPLES

AND STATE POLICIES


AND STATE POLICIES

PRINCIPLES

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

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Section 1.Section 1.

Manifestations of a democratic and republican state.

The observance of the rule of the majority. The observance of the principle that ours is a government of laws, and not of men. The presence of elections through popular will. The observance of the principle of separation of powers and the system of checks and balances.

The observance of the principle that the legislature cannot pass irreparable laws. The observance of the law on public officers . The observance of the principle that the State cannot be sued without its consents.

The existence of a bill of rights.

Section 1.Section 1.Sovereignty of the People

- Sovereignty

is the supreme power to govern.

It lies in the hands of the Filipino people who have the right to choose the type of government they want and to define the powers it shall hold and exercise.

It is their right to abolish their government and form a new one and organize it in such form as seems to them best for their welfare and happiness.

Section 2. 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.

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Renunciation of war as instrument of national policy.

• Philippines cannot declare war on another country

• The country can only declare an existing state of war

an act of defenseRPC 2013

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 people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.


AND STATE POLICIES


AND STATE POLICIES

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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 State shall be inviolable.


AND STATE POLICIES


AND STATE POLICIES

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Section 6INVIOLABILITY on the SEPARATION of Church and State

Freedom of Religion

Freedom From Religion

Freedom to Believe

Freedom to Act on One’s Belief

END OF PRELIM PERIODEND OF PRELIM PERIOD

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Section 7• Independent Foreign Policy of the Philippines.

Section 8• Freedom from nuclear weapons.

Section 9Free the People From Poverty

Section 10SOCIAL JUSTICE

What is our Concept of MAN?

Is our Concept of Man endowed with Human Rights and Human Dignity?

Human Dignity means“Man is more than he knows about himself”

Do we accept our Filipino Brothers as who he is?Do we believe that acceptance means Freedom and Responsibility?

Do you believe that every Filipino have different gifts and abilities and they do not have them to the same degree?

Do you believe

that every Filipino

have different

Interests, ideas and opinions?

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.

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.


AND STATE POLICIES


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Human Dignity means“Man is more than he knows about himself”

Do we accept our Filipino Brothers as who he is?Do we believe that acceptance means Freedom and Responsibility?

Do you believe that every Filipino have different gifts and abilities and they do not have them to the same degree?

Do you believe

that every Filipino

have different

Interests, ideas and opinions?

As a Filipino Nation, how do we understand the Basic Concept of JUSTICE?

RESPONSIBLE AND

DEMOCRATIC SOCIETIES

JUSTICE OF ACHIEVEMENTSJUSTICE OF OPPORTUNITIES

RECIPROCAL JUSTICE

JUSTICE OF EXCHANGE

JUSTICE IN MARKETS JUSTICE BY

POLITICS

COMPENSATING JUSTICECOMMUTATIVE JUSTICEJUSTICE OF

OUTCOMES

JUSTICE OF NEEDS

RESPONSIBLE AND

DEMOCRATIC SOCIETIES

TO BENEFIT FROM THE PROSPERITY OF THE

SOCIETY

=TO PARTICIPATE IN

THE CREATION, GROWTH AND

PRESERVATION OF SOCIETY’S WEALTH

“Those who have

LESS IN LIFE

should have

MORE IN LAW”

Section 11

Valuing Human Dignity

and Human Rights.

Section 12• Strengthening the family as a basic autonomous social institution. •Equally Protect the life of the Mother and of the unborn from conception• Rearing of the youth for civic efficiency and development of moral character.

Section 13Role of the

youth in nation-

building.

Section 14

Role of women

in nation-building

.

Section 15

Right to health

Section 16Right of the people to a balanced and

healthful ecology.

Section 17Priority to education, science and

technology, arts, culture and sports.

Section 18Labor as a primary social economic

force.

Section 19Self-reliant and independent national

economy.

Section 20

Role of the

private sector in the

economy.

Section 21Comprehensive rural development and

agrarian reform

Section 22Rights of indigenous

cultural communities.

Section 23Non-

governmental,

community-based or sectoral

organizations.

Section 24• Vital role of communicati

on and information in nation-building.

Section 25

Autonomy of local

government

Section 26Equal access to opportunities for public service. Prohibit Political Dynasty

Section 27Honesty and integrity in public

service.

Section 28Full disclosure by the State of all its

transactions.

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 recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.


AND STATE POLICIES


AND STATE POLICIES

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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)


AND STATE POLICIES


AND STATE POLICIES

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Revised consti article 2 dec 7

Documents

Transcript of Revised consti article 2 dec 7