Professional Documents
Culture Documents
Philippine Constitution and Government
Philippine Constitution and Government
Objective/s:
At the end of the semester, the students must be able to learn the following:
Course Outline
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VI. Fundamental Principles and State Policies
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INTRODUCTION TO PHILIPPINE CONSTITUTION
Section 3. (1) All educational institutions shall include the study of the
Constitution as part of the curricula. (1987 Constitution, Article XIV, Section 3.1)
Early History -The Negritos are believed to have migrated to the Philippines
some 30,000 years ago from Borneo, Sumatra, and Malaya. The Malayans
followed in successive waves. These people belonged to a primitive epoch of
Malayan culture, which has apparently survived to this day among certain
groups such as the Igorots. The Malayan tribes that came later had more
highly developed material cultures.
In the 14th cent. Arab traders from Malay and Borneo introduced Islam into
the southern islands and extended their influence as far north as Luzon. The
first Europeans to visit (1521) the Philippines were those in the Spanish
expedition around the world led by the Portuguese explorer Ferdinand
Magellan. Other Spanish expeditions followed, including one from New Spain
(Mexico) under López de Villalobos, who in 1542 named the islands for the
infante Philip, later Philip II.( http://pinas.dlsu.edu.ph/history/history.html)
Discovery of Magellan
The discovery of Magellan in 1521 made the Philippines under the rule of
Spain. The rule lasted for 300 years of abuse from the government and the
Spanish friars which gradually developed a sense of unity among the natives.
Rizal and other propagandists were later to ignite the spirit of nationalism
that was to fuel the Philippines. The Philippine Revolution under the
generalship of Emilio Aguinaldo ended the Spanish sovereignty in the
Philippines.
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The Malolos Constitution where the new government was established, was
the first democratic constitution ever to be promulgated in the whole of Asia.
(Philippine Political Law, Isagani Cruz, p.3)
Treaty of Paris
Provided for the cession of the Philippine Island by Spain to the United
States.
Philippine Bill of 1902 (Philippine Assembly) created to sit with the Philippine
Commission.
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Freedom Constitution (Philippine Political Law, Isagani Cruz, p.4-7)
What is Constitution?
Refers to the body of rules and principles in accordance with which the
powers of sovereignty are regularly exercised.
Consists of 18 articles.
Excessively long compared to the 1935 and 1973 Constitution.
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2. Sovereignty of the people (Art. II, Sec. 1)
3. Renunciation of war and as an instrument of national policy (Art.II, Sec. 2)
4. Supremacy of civilian authority over the military (Art. II, Sec.3)
5. Separation of church and State (Art. II, Sec. 6)
6. Recognition of the importance of the family as a basic social institution and of
the vital role of the youth in nation-building (Art.II, Secs. 12,13; Art. XV)
7. Guarantee of Human rights (Art.III, Secs. 1-22)
8. Government through suffrage (Art. V, Sec. 1)
9. Separation of Powers (Art. VI, Sec. 1)
10. Independence of the Judiciary (Art. VIII, Sec. I)
11. Guarantee of local Autonomy (Art.X, Sec. 2)
12. High Sense of public service morality and accountability of public officers
(Art. XI, Sec. 1)
13. Nationalization of natural resources and certain private enterprises affected
with public interest (Art. XVI, Sec. 3)
14. Non-suability of the State (Art. XVI, Sec. 3)
15. Rule of the Majority;
16. Government of laws and not of men.
Kinds of Constitution
2. As to their form:
a. Written – one which has been given a definite written form at a particular
time, usually by a specifically constituted authority called a “constitutional
convention”;
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Requisites of a good written constitution:
1. Brief – the constitution must be brief so that the public at large may
understand it and would not need amendments every now and then;
Constitution Statute
Legislation direct from the people Legislation from the
people’s
representatives
Merely states the general framework of Provides the details of the subject of
the law and the government which it treats;
Sources: