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The Constitution

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by

Isla Espinosa

on 3 February 2014

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Transcript of 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 define the rights
of the citizens
To hold the state together
as one body politic
To establish certain principles governing the operation of the government
Kinds
of
Constitution

According to...
...their origin
and history

...their form
...the manner of
amending them

conventional or enacted
cumulative or evolved
written
unwritten
rigid or inelastic
flexible or elastic
Divisions of
a Written
Constitution
1. Preamble
2. Provisions enumerating
basic rights of the people
grouped as the Bill of Rights
3. Provisions defining organization,
form, distribution of powers of government
4. Provisions outlining the amendatory process
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.”
Necessity of Constitutional Provision on National Territory
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
12 nautical miles
Contiguous Zone
12 nautical miles from the edge of territorial sea
Exclusive Economic Zone
200 nautical miles from the baseline
Renunciation of War
Section 2
Article II,
Section 2
Aggressive or Offensive
Article VI,
Section 23 (1)
Defensive
Section 3
Supremacy of Civilian Authority
Armed Forces of the Philippines
A. Police
B. Military
Section 4
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.
“...all citizens may be required, under the conditions provided by law, to render personal, military or civil service.”
“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.
-In said duty, the government should maintain
peace and order
to
protect life, liberty
and
property.
-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.
Section 6
Separation of Church and State
“The separation of Church and State shall be inviolable”

-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
Section 8
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
Some exemptions include nuclear materials that are used for (1)energy generation, (2)farm implements, (3)medical purposes, and the like
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
Section 12
Family as the Basic Autonomous Unit
2nd paragraph of Section 12:
“it shall equally protect the life of the mother and the unborn from conception”
No to
ABORTION

Section 13 and 14
Role of the Youth and Women
in Nation-Building
Youth
Physical
Moral
Spiritual
Social
Intellectual
Example:

NSTP, CWTS, LTS, ROTC, Sangguniang Kabataan
Women
Women
Empowerment
Equality
Article XVII
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
Referendum
or
Plebiscite?
Who can exercise this?
All registered voters of the country, autonomous regions, provinces, cities, municipalities and barangays
Requirements
For an initiative on the 1987 Constitution:
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
signatures of the petitioners
(registered voters)
abstract
or
summary
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
Aid in the Almighty God in the life of the nation and the people is recognized
Preamble
Sovereign Power of the People
Article II, Section 1
Offensive or Aggressive War
is Renounced
Article II, Section 2
Civilian Authority
is Supreme
Over Military
Article II, Section 2
Separation of
Church
and State
Article II, Section 6
Importance of Family as a Basic Autonomous Social Institution
Article II, Section 12
Human Rights
are Guaranteed
Article III, Sections 1-22
Article XIII, Sections 17-19
Right
of
Suffrage
Article V
Separation of Powers with Checks and Balances
Articles VI, VII and VIII
Local Autonomy and Autonomous Regions are Guaranteed
Article X
Majority Rule in a Democratic and Republican State
Article II, Section 1
Non-suability of the State
Article XVI, Section 3
Guarantee of Social Justice
Article XIII, Sections 1-16
Nationalization of Natural Resources
Article XII, Sections 2, 3, 17-18
Accountability of Public Officers
Article XI
Full transcript