The Constitution

The

Constitution

Latin: constituo -

fixed, established, and settled

To define the organization

of the government

To determine the distribution

of government powers

To establish certain principles governing the operation of the government

To define the rights

of the citizens

To hold the state together

as one body politic

Kinds

of

Constitution

...their origin

and history

conventional or enacted

cumulative or evolved

...their form

written

unwritten

...the manner of

amending them

rigid or inelastic

flexible or elastic

Divisions of

a Written

Constitution

1. Preamble

3. Provisions defining organization,

form, distribution of powers of government

4. Provisions outlining the amendatory process

Modes of Effecting Constitutional Amendment and Revision

Constituent Power of Congress

Power to submit to the people the question of calling a Constitutional Convention

Power to call the Constitutional Convention

Power to propose amendment to or revision of the Constitution

Constituent

Power

of the

People

People's Initiative

Kinds:

Direct

Indirect

Systems:

on the Constitution

on the statutes

on local legislation

Who can exercise this?

All registered voters of the country, autonomous regions, provinces, cities, municipalities and barangays

A petition must be submitted

Contents

of the

Petition

contents or text of the proposed law sought to be enacted, approved or rejected, amended or repealed

the

proposition

the

reason/s

abstract

or

summary

signatures of the petitioners

(registered voters)

For an initiative on the 1987 Constitution:

1. must have at least twelve per centum (12%) of the total number of registered voters as signatories

2. every legislative district must be represented by at least three per centum (3%) of the registered voters therein

3. may be exercised only after five (5) years from the ratification of the 1987 Constitution

4. may take place only once every five (5) years

For an initiative on statutes:

1. must have at least ten per centum (10%) of the total number of the registered voters as signatories

2. every legislative district must be represented by at least three per centum (3%) of the registered voters

For an initiative on local legislation:

1. must have at least ten per centum (10%) of the registered voters in the municipality as signatories

2. every barangay must be represented by at least three per centum (3%) of the registered voters

Principles of Philippine Government

Article 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.”

Binding force of such provision under international law.

Value of provision defining our national territory.

Acquisition of other territories.

The National Territory of the Philippines

The Philippine archipelago with all the islands and waters embraced therein

All other territories over which the Philippines has sovereignty or jurisdiction

The terrestrial, fluvial, and aerial domains including the territorial sea, the seabed, the subsoil, the insular shelves and other submarine areas

Archipelago

Derived from the Greek word “pelagos” meaning “sea”

- A sea or part of a sea containing many islands.

Bodies of

Navigable Water

Three-Fold Divisions of Navigable Water

From the standpoint of international law, the waters of the earth are divided into:

Inland

or

Internal Waters

Territorial

Sea

High

or

Open Seas

Important distances with respect to the waters around the Philippines:

Territorial Sea

Contiguous Zone

Exclusive Economic Zone

Renunciation of War

Supremacy of Civilian Authority

A. Police

B. Military

Services to be Rendered by the Citizens

“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 fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.”

“The prime duty of the government is to serve and protect the people”

-The top duty and responsibility of the government is to always serve and protect the people. The Armed Forces of the Philippines (AFP) is constitutionally-bound to secure the sovereignty of the people and shall remain to be the protector of the people and the state.

-In said duty, the government should maintain peace and order to protect life, liberty and property.

“The government may call upon the people to defend the state”

-The people may be called upon to render personal, military or civil service under conditions required by law. The defense of the state is one of the duties of a citizen which means we are required, by the law, to render our services in compliance with the government's duty of protecting and serving the people.

-The reason for defense is self-preservation as well as to defend its territorial honor and integrity. The Philippines can, therefore, engage in defensive war.

“...all citizens may be required, under the conditions provided by law, to render personal, military or civil service.”

-The defense of the state is compulsory, personal and direct. According to the law, all citizens may offer personal, military, or civil service.

-Failure to promote peace and order would result in people not enjoying the blessings of democracy.

Separation of Church and State

-The principle simply means that the Church is not to interfere in purely political matters or temporal aspects of man's life.

-The State, in purely matters of religion and morals, shall not interfere with the religious or ecclesiastical affairs of the Church.

It was Thomas Jefferson who identified the strict demarcation line of the Church and State:

The State shall have no official religion

The State cannot set up a Church, aid some or all religions or prefer one religion over another

Every person is free to profess belief or disbelief in any religion

Every religious minister is free to practice his calling

The State cannot punish a person for entertaining or professing religious beliefs and disbeliefs

Freedom from Nuclear Weapon

“The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons on its territory”

“...policy of freedom from nuclear weapon in its territory”

The provision prohibits (1)the storage of nuclear weapons, (2)the transit of any nuclear-bearing vessel or aircraft, and (3)the dumping of nuclear wastes in our territory

This provision was inspired by the two atomic bombs used by the United States during World War II, forcing Japan to surrender. The dangers brought by the unconventional weapon of mass destruction are gruesome and unexplainable, hence its prohibition of mass destruction in the Philippines

Some exemptions include nuclear materials that are used for (1)energy generation, (2)farm implements, (3)medical purposes, and the like

Family as the Basic Autonomous Unit

“it shall equally protect the life of the mother and the unborn from conception”

No to ABORTION

Role of the Youth and Women

in Nation-Building

Intellectual

Nationalization of Natural Resources

Article XII, Sections 2, 3, 17-18

Importance of Family as a Basic Autonomous Social Institution

Sovereign Power of the People

Civilian Authority

is Supreme

Over Military

Article II, Section 1

Article II, Section 12

Offensive or Aggressive War

is Renounced

Article II, Section 2

Section 8

Guarantee of Social Justice

Accountability of Public Officers

Article II, Section 2

Section 6

Aid in the Almighty God in the life of the nation and the people is recognized

Separation of

Church

and State

Article XIII, Sections 1-16

Article XI

Preamble

Article II, Section 6

Non-suability of the State

Article XVI, Section 3

Human Rights

are Guaranteed

Article III, Sections 1-22

Article XIII, Sections 17-19

Majority Rule in a Democratic and Republican State

Separation of Powers with Checks and Balances

Article II, Section 1

Right

of

Suffrage

Articles VI, VII and VIII

Local Autonomy and Autonomous Regions are Guaranteed

Article V

Article X

Requirements

Referendum

or

Plebiscite?

“The separation of Church and State shall be inviolable”

Article XVII

Section 4

Section 12

Section 3

2nd paragraph of Section 12:

Armed Forces of the Philippines

According to...

Article VI,

Section 23 (1)

Section 13 and 14

12 nautical miles

Article II,

Section 2

Aggressive or Offensive

Defensive

Women

Section 2

Equality

Necessity of Constitutional Provision on National Territory

Women

Empowerment

Youth

Spiritual

12 nautical miles from the edge of territorial sea

200 nautical miles from the baseline

Moral

Physical

Example:

NSTP, CWTS, LTS, ROTC, Sangguniang Kabataan

Social