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Philippine Constitutionand Government
Helen Gemma R. Vallejos
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The Constitutions of the PhilippinesThroughout History
1. Biak-na-Bato Constitution
2. Malolos Constitution
3. 1935 Constitution
4. 1943 Constitution5. 1973 Constitution
6. Freedom (1986) Constitution
7. 1987 Constitution
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The PREAMB
1987 Philippine Constitu
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What is a Preamble?
Derived from the word PREAMBULAREwhich means, to walk before
An introduction to the constitution andis not a formal part of it
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What is a Preamble?
Does not confer any right, imposes no
duty and creates no office
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Functions:
1. Indicates the author of the Constitution
2. Enumerates the primary aims andexpresses the aspirations of the framer
of the Constitution3. Aids the construction and interpretatio
of the Constitution
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The Philippine Preamble
We the sovereign Filipino people, imploring taid of Almighty God, in order to build a just ahumane society and establish a government thshall embody our ideals and aspirations, promo
the common good, conserve and develop opatrimony, and to secure to ourselves and oposterity the blessings of independence ademocracy under the rule of law and a regime truth, justice, freedom, love, equality and peac
do ordain and promulgate this Constitution.
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The sovereign Filipino people
The author of the Constitution
The Constitution was drafted by the 1986
Consitutional Commission, but it wasthrough the peoples ratification that it wamade operative
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Imploring the aid of Almighty God
The Philippines is the largest Catholic statein Asia
The preamble can be considered as acollective prayer
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Patrimony
An inheritance from ones ancestors
A commitment for the Filipino people to
continuously develop what their forefatherhave given them
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Posterity
Refers to all future generations to come
That the Filipinos will protect the
independence of the Philippines for thepresent and future generations
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Basic Constitutional Principl
Article 2, 1987 Philippine Constitu
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1. The Philippines is a democratic andrepublican state
Benefit of the greater majority is theparamount concern
Will of the majority is expressed throughpeoples representative in the government
Personal interest is subordinate to universalinterest
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The Philippines is a democratic andrepublican state
Sovereignty resides in the people and algovernment authority emanates fromthem. (Sec. 1, Art. II)RECALL- voters can remove an elected official
INITIATIVE
REFERENDUM to accept or to reject a ballotquestion
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Manifestations of the basic principles ofrepublicanism
Existence of the bill of rights
Observance of the rule of majority
Observance of: government of laws and no
of men State cannot be sued without its consent
Legislature cannot pass irrepealable laws
Process of election
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2. Renunciation of war and adoption of generallyaccepted principles of international law
We only renounce aggressive or offensivewar
The incorporation clause
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3. Supremacy of civilian authority at all timover the military
A safeguard against military dictatorship
The President as the commander-in-chief
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4. Prime duty of the government: serve andprotect the people
The government as the servant of thepeople, not the other way around
Duty of the citizen to defend the State froany external aggression
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5. Separation of Church and State
No official religion
The State cannot set up a Church
Freedom to profess belief or disbelief in an
religionFreedom of religious ministers to exercisetheir calling
Cannot be punished for entertaining orprofessing religious belief or disbelief
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The State Polici
Article 2, 1987 Philippine Constitu
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Foreign Relationship
The State shall pursue an independentforeign policy (Sec. 7, Art. II)
Paramount considerations:
1. National sovereignty2. Territorial integrity3. Right to self-determination4. National interest
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Social Justice
those who have less in life should havemore in law
Benefit for the common tao
Equality vs Equity
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Human Rights
The State values the dignity of everyhuman person and guarantees full respectfor human rights. (Sec. 11, Art. II)
Commission on Human Rights Chairman and 4 members
Majority are required to be lawyers
Natural-born Filipino citizens
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Labor
Labor sector as the economic underdog
Rights of workers:1. Right to self-organization
2. Right to collectively bargain and negotiate
3. Right to conduct peacefully concerted activities, including the right tostrike in accordance with law
4. Right to a security of tenure
5. Right to humane conditions of work
6. Right to a living wage
7. Right to participate in policy and decision-making process
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Labor
Preferential use of labor, domestic materiaand goods
Does not justify the oppression of theemployers rights
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Education
Greatest liability of the State a BUNCH OIGNORANT CITIZENRY
Education as the highest budgetary priority
Academic freedom teacher, student,academic institutions
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Youth
Revitalizing the role of the youth in nationbuilding
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Women
Role of women in nation-building
Equality before the law between men and
women
Protection for the working women
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Family
Rerum Novarum (Leo XII) - limited innumber but anterior to every kind of Stateor nation
Basic unit of societyMarriage, as an inviolable socialinstitution, is the foundation of the familyand shall be protected by the State.
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Miscellaneous
Former SC Chief Justice Isagani Cruz thegreatest flaw of the 1987 Constitution is itverbosity
Indigenous cultural communities, agrarianreform, urban land reform and housing,health, science and technology, language,arts and culture, and sports
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General Provisio
Article XVI, 1987 Philippine Constitu
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The Philippine Flag
Originally designed by MARCELLAAGONCILLO in Hongkong.
It was first flown in Kawit, Cavite onJune 12, 1898 during the declaration ofPhilippine independence by EmilioAguinaldo
shall be red, white and blue with asun and three stars
Design cannot be changed by merestatute
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The Philippine Flag
Philippine Flag Law (Act No. 2928)
Eight rays: Manila, Bulacan, Pampanga, NuevaEcija, Tarlac, Laguna, Batangas and Cavite
Three stars: Luzon, Visayas and Mindanao
Red: bravery
Blue: resistance against foreign invasion
White: self-determination
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The Philippine Name, Anthem and Seal
National name was of Spanish origin
National anthem is Lupang Hinirang
musical arrangement and composition ofJulian Felipe
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The Philippine Name, Anthem and Seal
The Philippine
Seal
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Non-suability of the State
No legal right against the authority whichmakes the law on which the right depends
Principle of sovereign equality among State
The immunity can be waived
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Suit against govt officials and govt agencie
Who to sue: the State or the official?
Incorporated agency vs Unincorporated
agency
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Military Policies
Security of the State requires themaintenance of police force
Restrictions are given to the Armed Forcesof the Philippines to prevent what happeneduring the martial law period