Week 8 Ngec 2 PPTP

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The PHILIPPINE NGEC 2

CONSTITUTION

Biak-na-Bato Constitution

Malolos Constitution
Commonwealth Constitution
1943 Constitution
Martial Law Constitution
Freedom Constitution
CO 4: Propose recommendations/solutions to
present-day problem based on their understanding
of root causes and their anticipation of future
scenarios.

LO4.3: Analyze the provided laws of the


Philippines for the seafaring labors.
NGEC 2

The
Philippine
Constitution
1987
Constitution

1986
Freedom
Constitution

1973
Martial Law
Constitution

1943
Constitution

1897
Biak-na-Bato 1899 1935
Constitution
Malolos Commonwealth
Constitution Constitution
CONSTITUTION
 14th-Century English word indicating an established law or custom
 Came from the Latin word «constitutus / constituere», meaning
«to set up or establish»
 System of laws and principles by which a country, state, or
organization is governed or document written as record of them.
 The basic principles and laws of a nation, state, or social group that
determine the powers and duties of the government and guarantee
certain rights to the people in it.
Types of  Contains the fundamental law and principles with which all
Constitution other laws must conform.
 Written instrument (document) by which the fundamental
Written powers of government are established, limited, and defined,
Unwritten and by which these powers are distributed among several
departments for their safe and useful exercise for the benefit of
Rigid
the body politic.
Elastic/Flexible
Biak-na-Bato  Adopted on 1 November 1897 when Aguinaldo
and some of his selected men established a
Constitution revolutionary government called Biak-na-Bato
Republic at San Miguel, Bulacan.
 Promulgated on 15 November 1897
 Plagiarized or copied from the Cuban
Constitution of Jimaguayu
 Prepared by Felix Ferrer and Isabelo Artacho
 It did not legitimize the Biak-na-Bato Republic
 First Constitution introduced and adopted by
the Filipinos
 34 Articles

Note: Not included in Philippine constitutional history


Malolos  Known as Political Constitution of 1899 and
written in Spanish
Constitution
 15 Sep 1898 - delegates of the Malolos Congress
convened and chose the Felipe Calderon Plan as
basis in drafting the new constitution
 29 Nov 1898 - Malolos Congress approved the draft
 20 Jan 1899 - Adopted by the Malolos Congress
 21 Jan 1899 - Promulgated by Aguinaldo as official
charter of the First Philippine Republic

 Contained 101 Articles, divided into 14 Titles,


Transitory Provisions and one (1) additional article
 Government is composed of the three branches:
executive, legislative and judiciary
Commonwealth  Charter of the Philippine Commonwealth of 1935
pursuant to the Tydings-McDuffie Law
Constitution  30 Jul 1934 - 202 elected delegates convened and
elected C. M. Recto as president of the Convention
 08 Feb 1935 - Approved the draft with 177 – 1 vote
 25 Mar 1935 - Certified by Pres. Franklin D. Roosevelt
 14 May 1935 - Ratified by the Filipinos in a plebiscite
 17 Sep 1935 - Elections won by Pres. M.L. Quezon and
Vice Pres. S. Osmeña for the Philippine Commonwealth
 10 Nov 1935 - Inauguration of Philippine Commonwealth
 15 Nov 1935 - Commonwealth was formally established
 Amended in 1940
 17 Articles with an Ordinance appended to it
 Provided a presidential system of government
 Unicameral Legislature (National Assembly)
Upon the final and complete withdrawal of the sovereignty of U.S. and
proclamation of Philippine independence, the Commonwealth of the
Philippines shall thenceforth be known as Republic of the Philippines.
1943  Replaced the 1935 Constitution
 Japanese-sponsored constitution conforming with
Constitution Greater East Asia Co-Prosperity Sphere
 16 Jun 1943 – Premier Tojo Hideki promised Philippine
Independence
 04 Sep 1943 – KALIBAPI formed the Preparatory
Committee on Philippine Independence with 20
delegates approved the draft of the constitution
 07 Sep 1943 – Ratified by the KALIBAPI Convention

 12 Articles
 Republican (Republic of the Philippines)
 Executive, Legislative (national Assembly) and Judiciary
 Kapisanan ng Paglilingkod sa Bagong
Pilipinas (KALIBAPI)
Martial Law  Replaced the 1935 Constitution on 17 Jan 1973

Constitution  Jun 1971 - 29 Nov 1972 - 320 elected delegates


convened; C. Garcia was elected president of the
Constitutional Convention; replaced by D. Macapagal
 21 Sep 1972 - Pres. F. Marcos placed the entire
Philippines under martial law
 01 Dec 1972 - Draft of the proposed constitution was
submitted to Pres. F. Marcos
 10-17 Jan 1972 - Draft was submitted for ratification by
Citizen’s Assembly
 17 Jan 1972 – Ratified by Citizen’s Assembly
 Amended in 1976, 1980, 1981
 17 Articles
 Provided a parliamentary system of government
(patterned from France, based on the amendment)
 Executive, Legislative (Batasang Pambansa), Judiciary
and Prime Minister, Cabinet and Executive Committee
Provisional or  Replaced the 1973 Constitution through
Freedom Proclamation No. 3, s.1986 issued by C. Aquino
Constitution  07 Feb 1986 - Marcos declared by COMELEC as the
winning presidential candidate in the Snap Elections
 22-25 Feb 1986 - EDSA People Power
 25 Feb 1986 - Both Marcos and Aquino took oath as the
new president of the Philippines; Marcos fled and was
taken to Hawaii; Aquino issued Proclamation No. 1
declaring herself as the president and Salvador Laurel
as vice president who won the Snap Elections
 25 Mar 1986 - Pres. Aquino issued Proclamation No. 3
declaring a national policy to implement reforms,
adopting a provisional constitution, and orderly
transition to a government under a new constitution
 7 Articles as modification of the 1973 Constitution
which adopted and amended some provisions
 Prepared by Joker Arroyo as executive secre tary
1987  Charter of the Fifth Republic with Corazon
Aquino as the 7th president of the Philippines
Constitution  23 Apr 1986 - Proclamation No. 9 created the
Constitutional Commission to draft a new charter
 02 Jun 1986 - Constitutional Commission convened and
elected Cecilia Muñoz-Palma as president
 16 Oct 1986 - Approved draft was submitted to Aquino
 02 Feb 1987 - National plebiscite for ratification
 11 Feb 1987 - Aquino issued Proclamation No. 58
announcing the results of the plebiscite that ratified the
draft of the new constitution; 1987 Constitution came
with full force and effect
 18 Articles
 Presidential system of government with three (3)
branches under the system of checks and balances
1987  Enhanced checks and balances in the
government by the three branches
Constitution  Blending of powers
I. National Territory
 Separation of powers
II. Declaration of State Principles and  Inclusion of Party-list representation
Policies
III. Bill of Rights
IV. Citizenship  Constitutional Commissions created by the
V. Suffrage
VI. Legislative Department constitution
VII. Executive Department
VIII. Judicial Department
 Commission on Human Rights
IX. Constitutional Commissions  Social Justice
X. Local Government
XI. Accountability of Public Officers  Economic provisions
XII. National Economy and Patrimony  The Filipino family
XIII. Social Justice and Human Rights
XIV. Education, Science and Technology,
Arts, Culture and Sports
XV. The Family
XVI. General Provisions
XVII.Amendments and Revisions
XVIII.Transitory Provisions
1987
Constitution
I. National Territory
II. Declaration of State Principles and
Policies
III. Bill of Rights
IV. Citizenship
V. Suffrage
VI. Legislative Department
VII. Executive Department
VIII. Judicial Department
IX. Constitutional Commissions
X. Local Government
XI. Accountability of Public Officers
XII. National Economy and Patrimony
XIII. Social Justice and Human Rights
XIV. Education, Science and Technology,
Arts, Culture and Sports
XV. The Family
XVI. General Provisions
XVII.Amendments and Revisions
XVIII.Transitory Provisions
1987 Ways by which the constitution can be
amended or revised (Art. XVII):
Constitution
I. National Territory
 Sec.1 - Constituent Assembly - 3/4 vote of
II. Declaration of State Principles and each house voting separately
Policies
III. Bill of Rights  Sec.1 - Constitutional Convention - majority
IV. Citizenship vote calling for such convention
V. Suffrage
VI. Legislative Department  Sec.3 - Constitutional Convention - 2/3 vote of
VII. Executive Department
VIII. Judicial Department
all the members of Congress
IX. Constitutional Commissions  Sec.2 - People’s Initiative - represented by 12%
X. Local Government
XI. Accountability of Public Officers of the total registered voters of the Philippines
XII. National Economy and Patrimony and at least 3% of the registered voters of each
XIII. Social Justice and Human Rights
XIV. Education, Science and Technology, legislative district.
Arts, Culture and Sports
XV. The Family
XVI. General Provisions
XVII.Amendments and Revisions
XVIII.Transitory Provisions
Attempts to amend or revise the Constitution
1987
Constitution Fidel V. Ramos (1997) – PIRMA (People’s Initiative for
Reform, Modernization and Action) sought to change the
I. National Territory system of government to parliamentary and remove the
II. Declaration of State Principles and provision for the president to run again. (Cha-Cha)
Policies
III. Bill of Rights
IV. Citizenship Joseph E. Estrada (1999) – ConCord (Constitutional
V. Suffrage Correction for Development) pushed for the lifting of
VI. Legislative Department
VII. Executive Department
restrictions on the foreign ownership of business.
VIII. Judicial Department
IX. Constitutional Commissions Gloria M. Arroyo (2005) - ConCom (Consultative
X. Local Government Commission) to change the form government into a
XI. Accountability of Public Officers
XII. National Economy and Patrimony parliamentary unicameral system
XIII. Social Justice and Human Rights (2009) – ConCon (Constitutional Convention)
XIV. Education, Science and Technology,
Arts, Culture and Sports
XV. The Family
Rodrigo R. Duterte (2018) – Cha-Cha (Charter Change)
XVI. General Provisions to change the system of government into federalism
XVII.Amendments and Revisions
XVIII.Transitory Provisions
1987 The 1897 Constitution and Maritime Laws
Constitution
 Art. I – National Territory
I. National Territory
II. Declaration of State
Principles and Policies
III. Bill of Rights
IV. Citizenship
V. Suffrage
VI. Legislative Department
VII. Executive Department
VIII. Judicial Department
IX. Constitutional
Commissions
X. Local Government
XI. Accountability of Public
Officers
XII. National Economy and
Patrimony
XIII. Social Justice and Human
Rights
XIV. Education, Science and
Technology, Arts, Culture
and Sports
XV. The Family
XVI. General Provisions
XVII. Amendments and
Revisions
XVIII.Transitory Provisions
1987 The 1897 Constitution and Maritime Laws
Constitution

I. National Territory
 The Maritime Labor Convention (MLC) of ILO ensures
II. Declaration of State comprehensive worldwide protection of the rights of seafarers and
Principles and Policies
III. Bill of Rights fair competition for Member States and ship owners. (
IV. Citizenship
V. Suffrage https://www.youtube.com/watch?v=-MF6arWcjok)
VI. Legislative Department
VII. Executive Department
VIII. Judicial Department
 MARPOL includes regulations aimed at preventing and minimizing,
IX. Constitutional
Commissions
both accidental and operational, pollution from ships and includes
X. Local Government six technical Annexes:
XI. Accountability of Public
Officers Annex I – Regulations for the Prevention of Pollution by Oil
XII. National Economy and Annex II – Regulations for the Control of Pollution by Noxious Liquid
Patrimony
XIII. Social Justice and Human Substances in Bulk
Rights Annex III – Prevention of Pollution by Harmful Substances Carried by Sea in
XIV. Education, Science and
Technology, Arts, Culture
Packaged Form
and Sports Annex IV – Prevention of Pollution by Sewage from Ships
XV. The Family Annex V – Prevention of Pollution by Garbage from Ships
XVI. General Provisions
XVII. Amendments and Annex VI – Prevention of Air Pollution from Ship
Revisions
XVIII.Transitory Provisions
(https://www.youtube.com/watch?v=HGY6EYjO4Y0)
1987 The 1897 Constitution and Maritime Laws
Constitution
 SOLAS Convention or International Convention for the Safety of
I. National Territory Life at Sea (SOLAS) establishes the least safety measures in the
II. Declaration of State
Principles and Policies construction, equipment, and operation of merchant ships. In its
III. Bill of Rights
IV. Citizenship
successive forms, it is generally regarded as the most important of
V. Suffrage all international treaties concerning the safety of merchant ships. (
VI. Legislative Department
VII. Executive Department https://www.youtube.com/watch?v=CCpOgWPAEh0)
VIII. Judicial Department
IX. Constitutional

X.
Commissions
Local Government
 ISM (International Safety Management) Code was issued by the
XI. Accountability of Public International Maritime Organization (IMO) - a safety management
Officers
XII. National Economy and system is described as a structured and documented system
Patrimony
XIII. Social Justice and Human enabling Company personnel to implement effectively the Company
Rights
XIV. Education, Science and
Safety and Environmental protection policy.
Technology, Arts, Culture (https://www.youtube.com/watch?v=7brXOPbQ9rw)
and Sports
XV. The Family
XVI. General Provisions
XVII. Amendments and
Revisions
XVIII.Transitory Provisions
REFERENCES
Candelaria, J.L. & Alporha, V. (2018). Readings in Philippine History. Rex Book Store, Manila
Zaide, Gregoria and Zaide, Sonia. (1990). Documentary Sources of Philippine History. Vol. 5. Manila:
National Book Store
Merriam-Webster. (n.d.). Constitution. In Merriam-Webster.com dictionary. Retrieved June 2, 2022, from
https://www.merriam-webster.com/dictionary/constitution
https://www.merriam-webster.com/dictionary/constitution#synonyms
https://www.kofastudy.com/courses/jss1-civic-education-3rd-term/lessons/constitution-week-8/topic/
types-of-constitutions/
https://www.officialgazette.gov.ph/constitutions/the-1899-malolos-constitution/
https://www.officialgazette.gov.ph/constitutions/
https://www.officialgazette.gov.ph/constitutions/the-1943-constitution/
https://www.officialgazette.gov.ph/the-commonwealth-of-the-philippines/
https://constitutionnet.org/country/philippines
https://www.officialgazette.gov.ph/constitutions/1973-constitution-of-the-republic-of-the-philippines-2/
https://www.officialgazette.gov.ph/constitutions/the-1935-constitution/
https://www.officialgazette.gov.ph/constitutions/1987-constitution/
https://thecorpusjuris.com/constitutions/1897-constitution.php
https://www.officialgazette.gov.ph/1986/03/25/proclamation-no-3-s-1986-2/

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