Political Governance of Philippines constitution
- Pages: 12
- Word count: 2940
- Category: Constitution Law Philippines Politics
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The constitution is the most important part in organizing a state. It contains not only the national territory, but more importantly, it states the set of rules and principles which serve as the fundamental law of the land. Among the guidelines which are set by the constitution are the matters of: form and duties of the government; the distribution of powers of the branches of the government; and the basic rights of the citizens of the state. The Philippine Constitution has been rewritten seven times starting from the Biak-na-Bato Constitution to the 1987 Constitution. The political evolution and every significant event in the Philippine history resulted a change in the constitution. The first Philippine constitution is the Biyak-na-Bato Constitution that was enacted in 1897. It outlined the revolutionary objectives of independence from Spain.
Two years later, the president decreed the creation of the Malolos Constitution. A new central government was set up with executive, legislative and judiciary branches. It governed the First Philippine Republic proclaimed in the Barasoain Church in the same year. Due to the turbulent times of the early governments, the first two constitution were not fully enforced. What is considered the first Philippine Constitution to be fully enforced was drafted by the virtue of the Tydings-McDuffie Law in 1934 during the Commonwealth Period. It was enforced from 1935 – 1943. During World War II, a short lived constitution (The 1943 Constitution) was sponsored by the Japanese invaders within their own program of Japanization. When the political independence was granted by the United States in 1946, the constitution was revised and was enforced from 1946 to 1973.
Eventually considered inadequate against the changing needs of Filipinos, the 1935 Constitution was replaced with a new one ratified in 1973. The 1973 Constitution was approved for ratification two months after the imposition of the martial law on November 29, 1972. When Ferdinand E. Marcos was ousted in 1986, the new government led by Corazon C. Aquino promulgated what is now know as the Freedom Constitution. This 1987 Constitution restored the presidential form of government. To date, the 1987 Constitution still stands, although some sectors have started to lobby for change in certain provisions as well as the change of the whole constitution. The 1897 Constitution of Biak-na-Bato, or Constituciong Halal sa Biak-na-Bato, promulgated by the Philippine Revolutionary Government on November 1, 1897, is the provisionary Constitution of the Philippine Republic during the Revolutionagainst Spain.
It provides that the Supreme Council, vested with the supreme power of government, shall conduct foreign relations, war, the interior, and the treasury. * The 1899 Political Constitution of the Republic, known as the Malolos Constitution, was approved by President Emilio Aguinaldo on January 21, 1899 and served as the Constitution of the First Philippine Republic. It provides for a parliamentary form of government, but the President, and not a Prime Minister, acts as the head of government. Legislative power is exercised by the Assembly of Representatives of the Nation, and judicial power is lodge in a Supreme Court. * The 1935 Constitution of the Philippines, ratified on May 17, 1935, establishes the Commonwealth of the Philippines, defining its powers, composition and organization as it function as the Government of the Philippine Islands.
It is based on the principle of separation of powers among the three branches of government. Executive power is vested in the President and shall serve for a single-six year term. Legislative power is vested in a unicameral National Assembly, and judicial power is exercised by the Supreme Court. It also provides that upon proclamation of Philippine Independence, the Commonwealth of the Philippines shall be known as the Republic of the Philippines. 1. The 1939 Amendment — The amendments liberalized all laws and made few changes on the economic provisions of the Tydings-Mcduffie Law. 2. The 1940 Amendments — The amendments, by virtue of Resolution No. 73, provide Article I (National Territory) of the 1987 Constitution
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. (Article I, 1987 Constitution) The national territory covers three classes: 1. The Philippine archipelago
2. All other territories over which the Philippines has sovereignty and jurisdiction 3. The internal waters, territorial waters, territorial sea, air space, subsoil, seabed, insular shelves and other submarine areas. Formerly, under the 1973 Constitution as amended, the phraseology was “all other territories belonging to the Philippines by historic or legal right”. These include territories over which the Philippines exercises sovereignty and jurisdiction or any territory which might belong in the future to the Philippines through any of the internationally recognized modes of acquiring territory.
DECLARATION OF PRINCIPLES AND STATE POLICIES
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. 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. 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. 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. 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. Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Section 10. The State shall promote social justice in all phases of national development. Section 11. The State values the dignity of every human person and guarantees full respect for human rights.
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. 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 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.
Section 21. The State shall promote comprehensive rural development and agrarian reform. Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation. Section 24. The State recognizes the vital role of communication and information in nation-building. Section 25. The State shall ensure the autonomy of local governments. Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law. Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. Article III
BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. (2)
Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Section 9. Private property shall not be taken for public use without just compensation. Section 10. No law impairing the obligation of contracts shall be passed. Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families. Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. Section 14. (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Section 17. No person shall be compelled to be a witness against himself. Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Section 22. No ex post facto law or bill of attainder shall be enacted. PREAMBLE
We, 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. National Purposes and Aims in Adopting the Philippine Constitution as Set Forth in the Preamble 1. To build a just and humane society;
2. To establish a Government that shall: a.) embody our ideals; b.) promote the common good; c.) conserve and develop our patrimony; and d.) 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.
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
ARTICLE I National Territory
ARTICLE II Declaration of Principles and State Policies
ARTICLE III Bill of Rights
ARTICLE IV Citizenship
ARTICLE V Suffrage
ARTICLE VI Legislative Department
ARTICLE VII Executive Department
ARTICLE VIII Judicial Department
ARTICLE IX Constitutional Commissions
ARTICLE X Local Government
ARTICLE XI Accountability of Public Officers
ARTICLE XII National Economy and Patrimony
ARTICLE XIII Social Justice and Human Rights
ARTICLE XIV Education, Science and Technology, Arts, Culture and Sports ARTICLE XV The Family
ARTICLE XVI General Provisions
ARTICLE XVII Amendments or Revisions
ARTICLE XVIII Transitory Provisions
Definition of the following:
Constitution – make-up, structure, organization, formation, nature Peninsula – a piece of land almost surrounded by water or projecting far into a sea or lake . Archipelago – A group of many islands in a large body of water