basic concepts about the constitution
TRANSCRIPT
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by Ms. Mary Grace P. Ronquillo
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I. Definition of Constitution
II. Political Genesis of the Constitution
III. Essential Parts of the ConstitutionIV. Articles of the 1987 Philippine
Constitution
V. Elements of the StateVI. Kinds of Government
VII.Inherent Powers of the State
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- - is the body of rules and maxims in accordance
with which the powers of the state are habitually
exercised. (Cooley)
- - is the organic and fundamental law of the state.
(Blacks Law Dictionary)
Principle of Supremacy of the Constitution
If a law violates any norm of the constitution, that law is regarded as null and void. Hence, it has no
effect because the Constitution is supreme over
other laws.
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Constitution Date of Ratification
Biak na Bato Constitution November 1, 1897
Malolos Constitution November 29, 1898
1935 Constitution May 14, 1935
1943 Constitution September 4,1943
1973 Constitution January 17, 1973
1986 Constitution March 24, 1986
1987 Constitution February 2, 1987
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A. Constitution of Government (Art. VI-XI)
B. Constitution of Liberty (Art. III-V, XII-XV)
C. Constitution of Sovereignty (Art. XVII)
Note: The Preamble is not an essential part
of the Constitution.
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Art. I The National Territory
Art. II Declaration of Principles and
State Policies
Art. III Bill of Rights
Art. IV Citizenship
Art. V Suffrage
Art. VI Legislative DepartmentArt. VII Executive Department
Art. VIII Judicial Department
Art. IX
Constitutional Commissions
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Art. X Local GovernmentArt. XI Accountability of Public OfficersArt. XII National Economy and Patrimony
Art. XIII Social Justice and Human RightsArt. XIV Education, Science and
Technology, Arts, Culture andSports
Art. XV The FamilyArt. XVI General ProvisionsArt. XVII Amendments or RevisionsArt. XVIII Transitory Provisions
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A. People
- refers to the inhabitants of a state bindby law, living together for the purpose of
mobilizing a polity.
- it includes citizens, inhabitants and the
electorate.
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B. Territory
- is the geographical profile of a state that includes terrestrial, fluvial
and aerial domains.
Art. I The 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.
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C. Government
- is the agency/instrumentality of a state through
which the will of the people is formulated,
expressed and carried out.
Three Branches the Government:
1. Executive implement/administer the laws.
2. Legislative enact, amend, repeal or revise thelaws.
3. Judicial interpret/construe the meaning or
substance of the laws.
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D. Sovereignty
- is the supreme power of the state to exact
obedience to its laws upon its citizens.
Kinds of Sovereignty:
1. Internal Sovereignty the power of the
state to control and govern its people withinits territory.
2. External Sovereignty the freedom of the
state from external control or intervention.
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A.As to the Number of Ruler/s
1. Monarchy one man rule. The power is usually
vested in the King or Queen of a Royal Family.
2. Oligarchy the power is vested in few individualsor in a dominant class/group in the society.
3. Democracy rule by the mob or the power is
vested in the people.
a. Direct Democracy the people directly run the
government.
b. Indirect Democracy/Republican the people
choose their representatives to govern them in
public affairs.
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B.As to the Extent ofAuthority
1. Central/National exercises control and
authority throughout the territory of the
state.
2. Local exercises control and authority
only through their a particular politicalsubdivision (e.g. province, city,
municipality, barangay).
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C.As to the Extent of Powers
1. Unitary all powers are centralized in the
national government and devolved into
the local government units.
2. Federal there is a division of powers
and functions between the federalgovernment and local government units.
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D.As to the Government System
1. Presidential based on separation of
powers. The powers of the executive,legislative and judicial branches of the
government are separated from one another;
however they are coordinated and co-equal.
2. Parliamentary the executive and legislative
powers are fused or merged into one through
the creation of a Parliament.
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E.As to the Nature of Power
1. De Jure the government has a rightful
title but no actual power or control over
the people to execute its functions.
2. De Facto the government is exercising
actual power or control over the peoplebut without a rightful title to execute such
functions.
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A. Police Power
- is a fundamental right of a state to enact laws
or regulations to promote the general welfareof the people in relation to the right of and
enjoyment of persons to life and property. (Law
of OverridingNecessity)
- is based on the Principle of Salus PopuliSuprema Est Lex(the welfare of the people is
the supreme law).
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B. Taxation
- is the power of the State to levy or
impose charges upons persons, property
or institutions, as may be defined by law
in order to defray the expenses of the
government and to enable it to fullydischarge its functions.
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C. Eminent Domain
- is the power of the state to acquire,
confiscate, or take private property for
public use upon payment of just
compensation.
- can be exercised by private authorities.