Political and Constitutional Law

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POLITICAL ESSENTIALS OF THE 1987 PHILIPPINE CONSTITUTION, WITH LEGAL DOCTRINES, PRINCIPLES AND CONCEPTS:

POLITICAL ESSENTIALS OF THE 1987 PHILIPPINE CONSTITUTION, WITH LEGAL DOCTRINES, PRINCIPLES AND CONCEPTS By - Atty. EMMANUEL E. SANDICHO

Outline of Topics:

Outline of Topics I. Definition of Constitution II. Historical Chapters of Philippine Constitutionalism III. Component Parts of the Constitution IV. The Preamble V. Articles of the 1987 Philippine Constitution VI. Elements of the State VII. Kinds of Government VIII. 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. Historical Chapters of Philippine Constitutionalism:

II. Historical Chapters of Philippine Constitutionalism CONSTITUTION Date of Ratification/ Implementation Biak na Bato Constitution November 1, 1897 Malolos Constitution November 29, 1898 1935 Constitution May 14, 1935 1943 Constitution Japanese Occupation 1973 Constitution January 17, 1973 1986 Constitution March 24, 1986 1987 Constitution February 2, 1987

III. Component Parts of the Constitution:

III. Component Parts of the Constitution Provisions about Government (Art. VI-XI) Article VI – Legislative Department Article VII – Executive Department Article VIII – Judicial Department Article IX – Constitutional Commissions Article x – Local Government Article XI – Accountability of Public Officers

continuation,.…Component Parts of the Constitution:

continuation,. …Component Parts of the Constitution B. Provisions on Liberty (Art. III-V, XII-XV) Article III - Bill of Rights Article IV - Citizenship Article V - Suffrage Article XII - National Economy and Patrimony Article XIII - Social Justice and Human Rights Article XIV - Education, Science and Technology, Arts, Culture and Sports Article XV - The Family

continuation,.…Component Parts of the Constitution:

continuation,. …Component Parts of the Constitution C. Additional Provisions for the Ultimate Sovereignty (Art. XVII) Article XVII - Amendments or Revisions - Ways to propose ChaCha

IV. The PREAMBLE:

IV. The PREAMBLE We , the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society , and establish a Government that shall embody our ideals and aspirations , promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace , do ordain and promulgate this Constitution.

IImportance of the Preamble:

I Importance of the Preamble “The Preamble is not considered a source of substantive right since its purpose is only to introduce, i.e., ‘ to walk before ’ the Constitution. However, its function is not merely rhetorical as, in the first place, the Preamble serves to indicate the authors of the Constitution, to wit ‘ we the sovereign Filipino people ’. In addition, it also enumerates the primary aims and expresses the aspirations of the framers in drafting the Constitution; and is also useful as an aid in the construction and interpretation of the text of the Constitution .” (Cruz, Isagani - Philippine Political Law, p .48, 1991 ed.)

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.

VI. Elements of the State:

VI. Elements of the State 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 Art. I – The National Territory Magallona , Et. Al., v s. Ermita , (G.R No. 187167, En Banc, 26 July 2011) Republic Act No. 9522 UNCLOS III

UNCLOS III:

UNCLOS III UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (1984) UNCLOS III (27 February 1984) is a multilateral treaty regulating, among others, sea-use rights over maritime zones ( i.e ., the territorial waters [12 nautical miles from the baselines], contiguous zone [24 nautical miles from the baselines], exclusive economic zone [200 nautical miles from the baselines] ), and continental shelves that UNCLOS III delimits. UNCLOS III was the culmination of decades-long negotiations among United Nations members to codify norms regulating the conduct of States in the world’s oceans and submarine areas, recognizing coastal and archipelagic States’ graduated authority over a limited span of waters and submarine lands along their coasts.

R.A. NO. 9522:

R.A. NO. 9522 - Republic Act No. 9522 Law enacted by Philippine Congress on March 2009 amending R.A. No. 3046 prompted by the need to make RA 3046 compliant with the terms of the United Nations Convention on the Law of the Sea (UNCLOS III), 5 which the Philippines ratified on 27 February 1984. 6 Among others, UNCLOS III prescribes the water-land ratio, length, and contour of baselines of archipelagic States like the Philippines 7 and sets the deadline for the filing of application for the extended continental shelf. 8 Complying with these requirements, RA 9522 shortened one baseline, optimized the location of some basepoints around the Philippine archipelago and classified adjacent territories, namely, the Kalayaan Island Group (KIG) and the Scarborough Shoal, as “regimes of islands” whose islands generate their own applicable maritime zones.

Magallona, Et., Al., vs. Ermita:

Magallona , Et., Al., vs. Ermita Magallona , Et. Al., v s. Ermita , (G.R No. 187167, En Banc, 26 July 2011) Upheld the constitutionality of R.A. No. 9522; Made a finding that “RA 9522, by optimizing the location of basepoints , increased the Philippines’ total maritime space (covering its internal waters, territorial sea and exclusive economic zone) by 145,216 square nautical miles xxxx ”

R.A. No. 9522 as discussed in Magallona, Et., Al., vs. Ermita:

R.A. No. 9522 as discussed in Magallona , Et., Al., vs. Ermita Extent of maritime area using RA 3046, as amended, taking into account the Treaty of Paris’ delimitation (in square nautical miles) Extent of maritime area using RA 9522, taking into account UNCLOS III (in square nautical miles) Internal or archipelagic waters 166,858 171,435 Territorial Sea 274,136 32,106 Exclusive Economic Zone 382,669 TOTAL 440,994 586,210

R.A. No. 9522 as discussed in Magallona, Et., Al., vs. Ermita:

R.A. No. 9522 as discussed in Magallona , Et., Al., vs. Ermita

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.

PowerPoint Presentation:

To be continued…. (Next Article II, and so on)