This document provides an overview and analysis of key sections of the Philippine Constitution related to principles of government. It discusses provisions around the Preamble, republicanism, the defense of the state, peace and order, and the incorporation clause. The document analyzes how these sections establish the democratic and representative nature of the Philippine government and emphasize sovereignty residing with the people.
This document provides an overview and analysis of key sections of the Philippine Constitution related to principles of government. It discusses provisions around the Preamble, republicanism, the defense of the state, peace and order, and the incorporation clause. The document analyzes how these sections establish the democratic and representative nature of the Philippine government and emphasize sovereignty residing with the people.
This document provides an overview and analysis of key sections of the Philippine Constitution related to principles of government. It discusses provisions around the Preamble, republicanism, the defense of the state, peace and order, and the incorporation clause. The document analyzes how these sections establish the democratic and representative nature of the Philippine government and emphasize sovereignty residing with the people.
Article 2- declaration of principle and state policies.
- Intended to lay down rules underlying in our
system of government - Must be adhered to in the conduct of public affairs - Must be adhered to the resolution of public issues Enlargement of article 2 purpose is to emphasize and articulate more unequivocally the objhective and limitations of governmental action in pursuit of the general goals announced in the Preamble.
Background of the constitution - From 10 to 28 sections - Most of provisions according to the SC : mere legislative guides, which about enabling legislation, do not embody enforceable constitutional rights. i.e. Section 5 (maintenance of peace and order) and Section 18 (labor as a primary social economic force) these are merely statements of principles, enforced through courts and not self- executing. - To give effect to such provisions, legislative enactment is required
*Preamble* 1935 3 rd person : present 1 st person - More intimate, deeper the sense of involvement and participation of individuals. - Not source of substantive right, purpose is to into the constitution - Enumerate the aim and express the aspirations of the framers - Useful in the aid in the construction and interpretation of the constitution Significant - A divine being is not necessarily inherent in a religion. inconsistent with the policy of the separation of church and state - Grants tax exemptions to religious insitutions and allow optional religious instruction in our public schools. - Article 15, section 3(1) state shall defend the right of spouses to find a family in accordance with their religious convictions and the demands of responsible parenthood. - Love has among other grounds, been invoked by our SC in dispensing justice Opinion of author: The new preamble is rather wordy and suggests at the outset what one might expect in the text of the constitution in terms of style and content. Even now we must prepare against a very talkative constitution.
*Republicanism* Section 1 of Article 2 provides - The Philippines is a democratic and republican state - Sovereignty resides in the people and all government authority emanates from them
SC: 1987 constitution accords to the citizens a greater participation in the affairs of government. - Right to file cases questioning the factual bases for the suspension of the writ of habeas corpus - Enlarge the peoples right in the political as well as the judicial field - Right to interfere in affairs of government and challenge any act tending to prejudice their interest.
From the original principle in the 1935 constitution
Art. 4 Sec. 32. Propose enacting laws or approve or reject any act or law or part thereof passed by the congress or local legislative body Art 17 Sec. 2. Directly propose amendments to the constitution on initiative. Art. 2 Sec. 23. Encourages non-governmental, community based, or sectoral organizations that promote the welfare of the nation Art. 3 Sec 8. Provides that no law shall be passed abridging the right of the people, inc. those employed in the public and private sectors, to form unions, associations and societies for purposes not contrary to law. Art 13 Sec. 15. Role of independent peoples organizations shall be respected
Art 13 Sec. 16. Respect the right of the people and their organizations to effective and reasonable participation at all levels of decision-making shall not be abridged. The state shall, by law facilitate the establishment of adequate consultation mechanisms. Art. 10 Sec. 14. Regional development councils or other similar bodies composed of local government officials, and representatives from non-governmental organizations within the regions for purposes of administrative decentralization, the development of these units shall be provided for by the President. Art. 10 Sec. 18. The organic act for each autonomous region shall be enacted with the assistance and participation of a regional consultative commission composed of representatives appointed by the president form a list of nominees from multisectoral bodies. Art. 12 Sec. 9. The independent economic and planning agency headed by the president shall consult with the appropriate public agency, various private sectors, and LGUs, for purposes of recommending to the congress. Art. 16 Sec. 12. Congress may create a consultative body to advise the president on policies affecting indigenous cultural cultural communities, majority of members must come from said communities. Art. 6 Sec 5, Art. 10 Sec. 9 sectoral representation is provided for in the House of Representatives and in local legislative bodies.
These establish the democratic and representative nature of our government and proclaim our hostility to autocratic or totalitarian regimes.
People are declared Supreme. Every citizen is an individual repository of sovereignty. Justice Laurel: an enfranchised citizen is a particle of popular sovereignty and is the ultimate source of established authority. (Moya v. Del Fierro, 69 Phil. 199.)
Republic representative government - Run by and for the people - Not a pure democracy - Government of laws and not men - Responsible government whose officials hold and discharge their position as a public trust. o Officials are at all times be accountable to the people according to the constitution. (Art 11 Sec. 1) o Sworn to serve.
Essence of republicanism: Representation and Renovation selection by the citizenry of a corps of public functionaries who derive their mandate from the people and act on their behalf. - Serving for a limited period only, after which they are replaced or retained at the option of their principal.
Purpose of Republican government: Promotion of the common welfare according to the will of the people themselves This will is usually determined by the rule of the majority. On the other hand, in the election of the members of themselves, the winners are those who receive the highest number of votes in their respective constituencies, or mere plurality. Three-cornered election - the smaller number prevail over the majority (i.e. 40 for 1 then 60 total votes for 2 candidates.) Art. 6 Sec. 16(2). The suspension or expulsion of a member of the congress, w/c requires the concurrence of 2/3 of the members of the house w/c he belongs. According to PD 1606 In the Sandiganbayan, the dissent of one member will prevent a decision of the other two members of the division as a unanimous vote is required for such decision. The lone individual is in fact a majority of one when protected by the bill of rights.
In Villavicencio v. Lukban (39 Phil. 778) it was said that nobility of intention is insufficient to validate an unauthorized act.
Yick Wo v. Hopkins ( 118 US 356) Rationale of the principle was explained: Sovereignty not subject to law, for it is the author and source of law; remains with the people by whom and fro whom all government exist and acts. Law definition and limitation of power Fundamental rights of life liberty, and the pursuit of happiness, considered as individual possessions, are secured by those maxims of constitutional law w/c are the monuments showing the victorious progress of the race in securing the men the blessings of civilization under the reign of just and equal laws. For the very idea that one man may be compelled to hold his life, or the means of living, material rights essential to enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the the essence of slavery itself.
*The Defense of the State* 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. - Based upon inherent right of every State to existence and self-preservation. Art. 16 Sec. 4 the AFP shall be composed of a citizen armed force which shall undergo military training and serve, as may be provided by law. a.k.a C.A. No. 1 (National Defense Act)
People v. Lagman and People v. Zosa(38 OG 1676) The accused were charged and convicted of refusal to register for military training as required by above mentioned statute. On appeal, they argued that Zosa was fatherless and had a mother and 8 brothers to support, while Lagman had a father to support, had no military leanings, and do not wish to kill or be killed; bot claimed that the statute was unconstitutional. SC affirmed their conviction, holding the law in question was based on the constitutional principle.
Note: the duty to defend the State is imposed upon all citizens, including women, and that the military or civil service that may be required of them by law must be personal. This precludes: - The hiring by the rich of mercenaries or professional soldiers to take their place in the defense of the State. Assigned to non-combat or civil duties: -Those who may have sincere conscientious, -Religious scruples about taking of human life, or -Have no military inclinations or aptitudes.
*Peace and Order* Sec. 5 the maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
*The Incorporation Clause* 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.
Doctrine of incorporation Every state is, by reason of its membership in the family of nations, bound by the generally accepted principles of international law which automatically becomes part of its own laws.
Pharmaceutical and Health Care Association (PHCA) vs. Health Secretary GRN 173034. 535 SCRA 265 (2007) Clarified under 1987 constitution- international law: - Can become part of the sphere of domestic law either by o Transformation requires that: An international law be transformed into a domestic law through a constitutional mechanism such as local legislation. Cont.
o Incorporation by mere constitutional declaration, international law is deemed to have the force of domestic law. - Treaties become part of the law of the land through transformation pursuant to Art. 7 Sec. 21 of the constitution w/c provides that no treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the members of the Senate. Thus, treaties must go through a process prescribed by the Constitution for it to be transformed into municipal law that can be applied to domestic conflicts.