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Ideological Foundations of the philippine government
Transcript of Ideological Foundations of the philippine government
The 1987 constitution runs as follows:
We, the sovereign filipino people, imploring the aid of the 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 the blessing of independence and democracy er the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this constitution.
MEMBERS OF THE CONSTITUTIONAL COMMISSION
WHICH DRAFTED THE
1987 CONSTITUTION OF THE PHILIPPINES
President : Cecilia Munoz Palma
: Ambrosio B. Padilla
Floor Leader : Napoleon G. Rama
Assistant Floor Leaders : Ahmad Domocao Alonto
: Jose D. Calderon
Yusuf R. Abubakar Felicitas S. Aquino
Adolfo S. Azcuna Teodoro C. Bacani
Jose F. S. Bengzon, Jr. Ponciano L. Bennagen
Joaquin G. Bernas Florangel Rosario Braid
Crispino M. de Castro Jose C. Colayco
Roberto R. Concepcion Hilario G. Davide, Jr.
Vicente B. Foz Edmundo G. Garcia
Jose Luis Martin C. Gascon Serafin V.C. Guingona
Alberto M. K. Jamir Jose B. Laurel, Jr.
Eulogio R. Lerum Regalado E. Maambong
Christian S. Monsod Teodulo C. Natividad
Ma. Teresa F. Nieva Jose N. Nolledo
Blas F. Ople Minda Luz M. Quesada
Florenz D. Regalado Rustico F. de los Reyes, Jr.
Cirilo A. Rigos Francisco A. Rodrigo
Ricardo J. Romulo Decoroso R. Rosales
Rene V. Sarmiento Jose E. Suarez
Lorenzo M. Sumulong Jaime S. L. Tadeo
Christine O. Tan Gregorio J. Tingson
Efrain B. Trenas Lugum L. Uka
Wilfrido V. Villacorta Bernardo M. Villegas
The Preamble of the 1987 Constitution
The preamble of the our constitution is just an introduction but not literally a part of the constitution, Hence It's only written for introducing the law of the land, to serve as a foundation of reference for it's interpretation, to specify the framers of the constitution.
Ideological Foundations of the philippine government
The framers of the 1987 Philippine constitution
The Declaration of state principles and policies
1. Democracy and Republicanism - Our republican form of government in the Philippines has been in existence long time ago but we, the Filipino People, never knew that we have two (2) hidden unalienable voting rights in it. Our constitution states in Article II, Section 1, that: "The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them."
Without doubt, we have been operating our government as a democracy as shown in our tradition of coming to our polling electoral places each election time to cast our sovereign ballot with our single precious vote. Little did we know that we are only surrendering our sovereignty to politicians without knowing that many of them are predators or grafters.
Goverment of laws - the government is one t operate the basis of laws.
Repealable Laws - Senators and congressman cannot legislate or enact laws, it cannot be modified or altered.
Election and suffrage - local, national officials are placed into position of authority of people through their exercise of suffrage during scheduled elections.
separation of powers - the powers are divided into 3 branches of the government. The executive, legislative and the judicial
Public accountability - all government officials are accountable to the people as powers exercised by these official emanate from them.
Bill of rights - the government is tasked with safeguarding rights for every citizen of the philippines
Non delegation of powers - The maxim means that authority delegated cannot be anymore be delegated.
Sovereignty is the quality of having supreme, independent authority over a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided.
Popular Sovereignty or the sovereignty of the people is the principle that the authority of the government is created and sustained by the consent of its people, through their elected representatives (Rule by the People), who are the source of all political power.
Sovereignity of the people
Renunciation of war
Philippines cannot declare war on another country The country can only declare an existing state of war
Inherent in a republican system
Safeguard against military dictatorship
- issues orders to the armed forces
- appoints high ranking officers
- determines military budget
- defines the national policy in defense and security
AFP: Protector of the people and the State
1. Fearsome image acquiree during martial rule
2. Constitutional mandates
- shall be the protector of the people and State
- respect for people's right
- support of the people
Civilian supremacy over the military
Serving and protecting people
Prime duty of the Government
- To serve and protect people
- Government exist for the people and not the people for the government
Defense of the State by the people againts foreign aggression
- the defense of the state is one of the duties of a citizen
Military and civil service by the people
1. Defense of state performed through an army
3. Meanjng of civil service
5. By law
Separation of the church and state
- art III, sec. 5 - "no law shall be made respecting an establishment of religion."
- art. VI, sec. 28 - "no public money or property shall ever be appropiated, applied, paid or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution or system of religion."
Meaning of "establishment of religion clause"
- A wall of separation between the church and the state (by Thomas Jefferson)
No hostility towards religion
1. Constitution and laws exempt from taxation properties devoted exclusively to religious purposes
2. The use of public money is not prohibited to the armed forces, or to any penal institution
3. Optional religious instruction in public elementary and high schools is by constitutional mandate allowed
4. Thursday and Friday of Holy Week, Christmas Day and Sundays are made legal holidays
5. Crimes against religious worship are considered crimes against law
Pursuit of an independent foreign policy
- an instrument of domestic policy
- paramount consideration
Freedom from nuclear weapon
- as subject to exception
- as an absolute ban
- the use of nuclear for:
* and other beneficial purposes
- if the national interest so requires
* the storing of nuclear weapons in our territory
The promotion of just and dynamic social order.
This is accomplished through policies that:
* provide sufficient social services (in the field of health, education, housing, etc.)
- promote full employment
- a rising standard of living
- improve quality of life for all
Soling the problem of mass poverty
- establishment of a just and humane society
- reduce the political economic power of a provileged
- equalizing widely standards and opportunities for advancement
- eradicate poverty
Promotion of social justice
The state must give preferential attention to the welfare of the:
- less fortunate
- the poor
Dignity of the human being and full respect for human right
- belief in inherent dignity of every human person basis of human right
- a human person is a being not a thing
- in a democratic state, the individual enjoys certain rights which cannot be modified or taken away by the lawmaking body
In spite of the fact that we have been trying to keep our democracy as a protector of our freedom and liberties, we are now finding that our so-called democracy is no better than the dictatorship in other countries.
Right of human life of the unborn from conception and of the mother
- once conceived, a child has the right to be born and the right to live
- human life is commonly believed from the moment of conception
- mandates the protection of the unborn from the possibility of abortion
- the health of mother shall also be protected
Rearing of the youth for civic efficiency and development of moral character
- a duty of both parents and gov.
- right of the state to interfere with education of children
- the state and parental obligations
- duty of state to encourageeducational institutions
Recognition of the sanctity of family life.
recognition of the role of the youth in nation building
- CWTS Civil Welfare Training Service
- LTS Literacy Training Service
- ROTC Reserve Officers Training Corps
Right of people to Health
Health - is the state physical, social, mental well-being rather than merely the absence of physical diseases
These constitution gives the right to the people to health
- department of health
- health center
Protecting and promoting the people's right to health
The need for a program to address the ecological problems of:
* waste disposal
* forest denudation
* flood drought
* dying river beds
* destruction of waterways
* protect human life
The right of the people to a balanced and healthful ecology
The states prioritizes the ff through their different programs like the:
* DepEd Department of Education
* PSC Philippine Sports Commission
* DOST Department of Science and Technology
Prioritizing education, science and technology, arts, culture and sports
Affirmation of labor as a primiray social force
- Human labor is not only treated as land, tools, or machinery. It mandates the State to provide living wage and full participation to workers in decision-making processes which affect their rights and benefits
States the constitutional guidelines in the development of the economy:
* economic self-reliance
- independent national economy
- and effective filipino control of the economy
Developent of a self reliant and independent national economy
Recognition of the role of the private section in the economy
Roles of privage sectors in the economy
- the constitution does not favor an economy where the State directly competes with private business
- the business of government is governance and not money-making
Promotion of a comprehensive rural dev't and agrarian reform
Covers all phases of rural development:
- Comprehensive Agrarian Reform Program, commonly known as CARP, is an agrarian reform law of the Philippines passed in 1988. It is part of the long history of attempts at land reform in the Philppines. It is Republic Act Nl. 6657
- The law was outlined by former President Corazon C. Aquino through Presidential Proclamation 131 and Executive Order 229 on June 22, 1987. The law was enacted by the 8th Congress of the Philippines and signed by Aquino on June 10, 1988.
- In this program, all lands exceeding seven hectares were brought by the government and sold to the landless farmers. Owners of lands were paid through installment basis for 15 years
Recognition and promotion of the rights cultural communities
- Recognizes the existence and the rights of the indigenous cultural communities
- Directs the state to promote the rights of indigenous cultural communities by considering their customs, traditions, beliefs, and interests.
- Implementing state policies with full respect to their culture, dignity, uniqueness and human rights.
Encouragement of non-governmental community based or sectoral organization
- The state is required to encourage these organization because recent events have shown that, under responsible leadership, they can be active contributors to the political, social, and economic growth of the country – promote the welfare of the nation.
Recognition of the vital role of mass media to nation building
Means of communications such as:
- motion pictures
Recognition of the vital role of mass media to Nation-building
the people are enlightened on certain public issues
- they can also serve as useful tools to promote unity among the Filipinos
Autonomy of local government
- the desire to be self-directed
- tradional notions of management run foul of this
Equal access to opportunities in public service
- this does not allow the existence of political dynasties or the practice of keeping political power within the control of select families
- emphasizes the duty of the government to uphold democratic elections and appointments
Honesty and integrity in public service
- undermines the quality of life for people especially in poor qualities
- the constitution seeks to minimize and find completely to eliminate graft and corruption, a way to attack problem
Full disclosure by the state of all its transactions
Section 7 of the Bill Rights
- guarantees the people's right to know any transaction entered into by the government
- limited to things in which involves public concerns
The policy covers matters involving public interest especially those concerning the utilization of public funds and property