Basic Concepts about the Constitution

POLITICAL BRIEF OF THE 1987 PHILIPPINE CONSTITUTION AND BASIC CONCEPT ABOUT THE GOVERNMENT : 

POLITICAL BRIEF OF THE 1987 PHILIPPINE CONSTITUTION AND BASIC CONCEPT ABOUT THE GOVERNMENT by Ms. Mary Grace P. Ronquillo

Outline of Topics: 

Outline of Topics I. Definition of Constitution II. Political Genesis of the Constitution III. Essential Parts of the Constitution IV. Articles of the 1987 Philippine Constitution V. Elements of the State VI. Kinds of Government VII.Inherent Powers of the State

I. Definition of Constitution: 

I. Definition of Constitution - 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. (Black’s 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.

II. Political Genesis of the Constitution: 

II. Political Genesis of the Constitution Constitution Date of Ratification Biak na Bato Constitution November 1, 1897 Malolos Constitution November 29, 1898 1935 Constitution May 14, 1935 1943 Constitution 1973 Constitution January 17, 1973 1986 Constitution March 24, 1986 1987 Constitution February 2, 1987

IV. Essential Parts of the Constitution: 

IV. Essential Parts of the Constitution 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.

V. Articles of the 1987 Philippine Constitution: 

V. Articles of the 1987 Philippine Constitution 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 Department Art. VII Executive Department Art. VIII Judicial Department Art. IX Constitutional Commissions

V. Articles of the 1987 Philippine Constitution: 

V. Articles of the 1987 Philippine Constitution Art. X Local Government Art. XI Accountability of Public Officers Art. XII National Economy and Patrimony Art. XIII Social Justice and Human Rights Art. XIV Education, Science and Technology, Arts, Culture and Sports Art. XV The Family Art. XVI General Provisions Art. XVII Amendments or Revisions Art. XVIII Transitory Provisions

VI. Elements of the State: 

VI. Elements of the State A. People - refers to the inhabitants of a state bind by law, living together for the purpose of mobilizing a polity. - it includes citizens, inhabitants and the electorate.

VI. Elements of the State: 

VI. Elements of the State 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.

VI. Elements of the State: 

VI. Elements of the State 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 the laws. 3. Judicial – interpret/construe the meaning or substance of the laws.

VI. Elements of the State: 

VI. Elements of the State 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 within its territory. 2. External Sovereignty – the freedom of the state from external control or intervention.

VII. Kinds of Government: 

VII. Kinds of Government 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 individuals or 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.

VII. Kinds of Government: 

VII. Kinds of Government B. As to the Extent of Authority 1. Central/National – exercises control and authority throughout the territory of the state. 2. Local – exercises control and authority only through their a particular political subdivision (e.g. province, city, municipality, barangay).

VII. Kinds of Government: 

VII. Kinds of Government 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 federal government and local government units.

VII. Kinds of Government: 

VII. Kinds of Government 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.

VII. Kinds of Government: 

VII. Kinds of Government 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 people but without a rightful title to execute such functions.

VIII. Inherent Powers of the State: 

VIII. Inherent Powers of the State A. Police Power - is a fundamental right of a state to enact laws or regulations to promote the general welfare of the people in relation to the right of and enjoyment of persons to life and property. (Law of Overriding Necessity) - is based on the Principle of Salus Populi Suprema Est Lex (the welfare of the people is the supreme law).

VIII. Inherent Powers of the State: 

VIII. Inherent Powers of the State 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 fully discharge its functions.

VIII. Inherent Powers of the State: 

VIII. Inherent Powers of the State 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.