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Philippine Constitution

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The study of Philippine Constitution

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Philippine Constitution

  1. 1. Principles
  2. 2. SECTION 1. The Philippines is a democraticand republican State. Sovereignty resides inthe people and all government authorityemanates from them.A democratic and republican state. -States that the Philippines is a democratic state.
  3. 3. Section 1.Manifestations of a democratic and republican state. The existence of a bill of rights. The observance of the rule of the majority. The observance of the principle that ours is a government of laws,and not of men. The presence of elections through popular will. The observance of the principle of separation of powers and thesystem of checks and balances. The observance of the principle that the legislature cannot passirreparable laws. The observance of the law on public officers . The observance of the principle that the State cannot be suedwithout its consents.
  4. 4. Section 1.Sovereignty of the People - Sovereignty  is the supreme power to govern.  It lies in the hands of the Filipino people who have the right to choose the type of government they want and to define the powers it shall hold and exercise.  It is their right to abolish their government and form a new one and organize it in such form as seems to them best for their welfare and happiness.
  5. 5. Section 1.• Sovereignty is exercised indirectly  Through public officials elected by the people.  Officials appointed by the elected officials.• Sovereignty is exercised directly  Suffrage.People’s Participation1. Multi-Party System2. Party-list system3. People’s Organization4. System of Initiative and Referendum5. Plebiscite
  6. 6. SECTION 2. The Philippines renounces war as aninstrument of national policy, adopts the generallyaccepted principles of international law as part ofthe law of the land and adheres to the policy ofpeace, equality, justice, freedom, cooperation, andamity with all nations.Renunciation of war as instrument of national policy.• Philippines cannot declare war on another country• The country can only declare an existing state of war an act of defense
  7. 7. Section 2.Adoption of the generally accepted principles of international law as part of the country’s own law• International law-body of rules and principles which govern s the relations of nations and their respective peoples in their intercourse with one another.• “Doctrine of Incorporation”-the commitment of the state to international laws When international usage to be applied A treaty has force of a statute Constitution prevails over a treaty
  8. 8. Section 2.Adherence to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.• Philippines seek peace and unity with the neighboring countries all over the world regardless of race, ideology, and political system on the basis of mutual trust, respect and cooperation. It supports the rights of other countries in terms of equality, freedom and justice in their relations with one another and the policies of peaceful negotiations, and opposes the use of force, threat of force, in the relations with other countries.
  9. 9. Section 2.
  10. 10. SECTION 3. Civilian authority is at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.Supremacy of the Civilian Authority The President is the commander-in-chief of the armed forces of the Philippines,  The army, the navy, the air force, and the marines.  The appointment of the high ranking officials is vested in the President.
  11. 11. Section 3.Armed Forces: Protector of the State• Armed Forces of the Philippines (AFP)• Its goals is to discharge the function of being the protector of:  The sovereignty of the State  Integrity of our National Territory
  12. 12. SECTION 4. The prime duty of the Government isto serve and protect the people. The Governmentmay call upon the people to defend the State and,in the fulfillment thereof, all citizens may berequired, under conditions provided by law, torender person military or civil service.
  13. 13. SECTION 5. The maintenance of peace and order,the protection of life, liberty, and property, andpromotion of the general welfare are essential forthe enjoyment by all the people of the blessings ofdemocracy. Peace and Order • Duty of the government to maintain peace and order.  Through making laws  Enforcing laws  Promote the general welfare
  14. 14. Section 5.
  15. 15. SECTION 6. The Separation of Church and Stateare inviolable.• The government shall not favor any religion, support them using public funds ,or even establish or set up a church.• The Church should not get involved in political issues or matters.ESTABLISHMENT OF RELIGION CLAUSE• The State shall have no official religion.• The State cannot set up a church.• Everyone has the freedom to profess their belief or disbelief in any religion.
  16. 16. Section 6.• Every religious minister is free to practice his calling.• The State cannot punish a person for entertaining or professing religious beliefs or disbeliefs.• The command that Church and the state be separate does not mean hostility towards religion . Preamble Other provisions/laws
  17. 17. State Policies
  18. 18. SECTION 7. The State shall pursue anindependent foreign policy. In its relations withother states the paramount consideration shall benational sovereignty, territorial integrity, nationalinterest, and the right to self- determination.Foreign Policy• Basic direction underlying the conduct by a State of its affairs vis-a vis those of other States.• It is a set of guidelines followed by a government of a country.1. Formulation and conduct of foreign policy The president is the chief architect of Philippine foreign policy.
  19. 19. Section 7.2. An instrument of domestic foreign policy Its importance in the survival and progress of a country cannot be over-emphasized. Sole weapon of a State for the promotion of national interest in international affairs.3. Pursuit in an independent foreign policy Simply means one that is not subordinate.4. Basic Foreign policy objective To establish friendly relation with all countries of the world5. Paramount consideration Must be a policy of flexibility and pragmatism guided only by the welfare of our people and the security of our Republic. Shall be national sovereignty, territorial integrity, national interest, and the right to self determination.
  20. 20. SECTION 8. The Philippines, consistent with thenational interest, adopts and pursues a policy offreedom from nuclear weapons in its territory.Freedom from Nuclear Weapons• It is a prohibition from:  Making  Storing  Manufacturing  DumpingOf nuclear weapons, devices, or parts thereof in our country.
  21. 21. Section 8.Exceptions• The use of nuclear for:  Medicine  Agriculture  And other beneficial purposes• If the national interest so requires  The storing of nuclear weapons in our territory
  22. 22. SECTION 9. The State shall promote a just anddynamic social order that will ensure theprosperity and independence of the nation andfree the people from poverty through policies thatprovide adequate social services, promote fullemployment, a rising standard of living, and animproved quality of life for all.
  23. 23. Section 9.Just and Dynamic Social Order• This is accomplished through policies that:  Provide sufficient social services (in the field of health, education, housing, etc).  Promote full employment.  A rising standard of living.  Improve quality of life for all.
  24. 24. SECTION 10. The State shall promote socialjustice in all phases of national development.The State must give preferential attention to the welfare of the less fortunate members of the community the poor Uneducated Underprivileged disabled
  25. 25. SECTION 11. The State values the dignity of everyhuman person and guarantees full respect forhuman rights.Human Rights Belief in inherent dignity of every human person basis of human right A human person is a being not a thing.• In a democratic state, the individual enjoys certain rights which cannot be modified or taken away by the lawmaking body.
  26. 26. SECTION 12. The State recognizes the sanctity offamily life and shall protect and strengthen thefamily as a basic autonomous social institution. Itshall equally protect the life of the mother and thelife of the unborn from conception. The naturaland primary right and duty of parents in therearing of the youth for civic efficiency and thedevelopment of moral character shall receive thesupport of the Government.Right of human life of the unborn from conception and of the mother Once conceived, a child has the right to be born and the right to live.
  27. 27. Section 12.• Mandates the protection of the unborn from the possibility of abortion being legalized.• The State should also protect the health of the motherRearing of the youth for civic efficiency and development of moral character• A duty of both parents and government Proper education and good upbringing of the children can help to the welfare of the society and the common good. The government should share the responsibility of the parents to train their children to be worthy citizens by supporting and encouraging them in order to prepare them for the future.
  28. 28. Section 12.• Right of State to interfere with education of the children The parents and the government have the duty in giving adequate education to the children• Power of State to regulate all schools The State has the power to require the age children of proper age to attend school, the teachers shall be of a good moral character and teach the children certain points to good citizenship.• The State and parental obligations
  29. 29. Section 12. It is the duty of the State to see whether the parents fulfill their obligations in the education of their child• Duty of State to encourage educational institutions Support and encourage private and parochial schools as long as they meet the secular educational requirements
  30. 30. SECTION 13. The State recognizes the vital role ofthe youth in nation-building and shall promoteand protect their physical, moral, spiritual,intellectual, and social well-being. It shallinculcate in the youth patriotism and nationalism,and encourage their involvement in public andcivic affairs.Role of the Youth in Nation Building• Youth are better educated, more well-informed.• The constitution recognizes the importance of the youth.
  31. 31. Section 13.C LW TT SS ROTC
  32. 32. SECTION 14. The State recognizes the role ofwomen in nation-building, and shall ensure thefundamental equality before the law of women andmen.Role of women in nation building• Our women have proven their capabilities in different fields in business, professions, arts, education and in public service even internationally.• In the past and even today, women involve themselves in worthy causes or activities involving national concerns
  33. 33. Section 14.• The State should formulate strategies to expand women’s participation in non-household and productive activities, and make them as the direct contributors to the country’s economic growth.• It is the duty of the State to ensure equality before the law in all aspects of national life by rectifying or ending all practices and systems that are disadvantageous to women or discriminate against them.
  34. 34. Section 14.
  35. 35. SECTION 15. The State shall protect and promotethe right to health of the people and instill healthconsciousness among them.Health• is the state physical, social and mental well-being rather than merely than merely the absence of physical diseasesThese constitution gives the right to the people to health DOH Health Center
  36. 36. SECTION 16. The State shall protect and advancethe right of the people to a balanced and healthfulecology in accord with the rhythm and harmony ofnature. Right to Balanced and Healthful Ecology • The need for a program to address the ecological problems of:  Pollution  Waste disposal  Forest denudation  Flood drought  Dying river beds  Destruction of waterways  Protect human life
  37. 37. SECTION 17. The State shall give priority toeducation, science and technology, arts, culture,and sports to foster patriotism and nationalism,accelerate social progress, and promote totalhuman liberation and development. The States prioritizes the following through their different programs like the:DepEdDOSTPSC
  38. 38. SECTION 18. The State affirms labor as a primarysocial economic force. It shall protect the rights ofworkers and promote their welfare.• Human labor is not only treated as land, tools, or machinery. It mandates the State to provide living wage and full participation to workers in decision- making processes which affect their rights and benefits.
  39. 39. SECTION 19. The State shall develop a self-reliantand independent national economy effectivelycontrolled by Filipinos.• States the constitutional guidelines in the development of the economy: Economic self-reliance Independent national economy And effective Filipino control of the economy
  40. 40. SECTION 20. The State recognizes theindispensable role of the private sector,encourages private enterprise, and providesincentives to needed investments.Role of private sectors in the economy• The Constitution does not favor an economy where the State directly competes with private business.• The business of government is governance and NOT money-making.
  41. 41. SECTION 21. The State shall promote comprehensiverural development and agrarian reform.• Covers all phases of rural development: Economic Social Political Cultural Industrial
  42. 42. SECTION 22. The State recognizes and promotesthe rights of indigenous cultural communitieswithin the framework of national unity anddevelopment.• Recognizes the existence and the rights of the indigenous cultural communities.• Directs the State to promote the rights of indigenous cultural communities by considering their customs, traditions, beliefs, and interests.• Implementing state policies with full respect to their culture, dignity, uniqueness and human rights.
  43. 43. Section 22.
  44. 44. SECTION 23. The State shall encourage non-governmental, community-based, or sectoralorganizations that promote the welfare of thenation.• The state is required to encourage these organizations because recent events have shown that, under responsible leadership, they can be active contributors to the political, social, and economic growth of the country – promote the welfare of the nation.
  45. 45. SECTION 24. The State recognizes the vital role ofcommunication and information in nation-building.• Means of communications such as:  Motion pictures  Television  Radio  Newspapers  Magazines
  46. 46. Section 24.Nation-Building• The people are enlightened on certain public issues.• They can also serve as useful tools to promote unity among the Filipinos.
  47. 47. SECTION 25. The State shall ensure theautonomy of local governments.• Local affairs can best be regulated by the people in the locality.
  48. 48. SECTION 26. The State shall guarantee equalaccess to opportunities for public service, andprohibit political dynasties as may be defined bylaw.• This does not allow the existence of political dynasties or the practice of keeping political power within the control of select families.• Emphasizes the duty of the government to uphold democratic elections and appointments.
  49. 49. SECTION 27. The State shall maintain honestyand integrity in the public service and takepositive and effective measures against graft andcorruption.Honesty and integrity in public service Undermines the quality of life for people especially in poor qualities.• The constitution seeks to minimize and find completely to eliminate graft and corruption, a way to attack problem.
  50. 50. SECTION 28. The Subject to reasonableconditions prescribed by law, the State adopts andimplements a policy of full public disclosure of allits transactions involving public interests. Section 7 of the Bill of Rights  Guarantees the people’s right to know any transaction entered into by the government.  Limited to things which involves public concerns . The policy covers matters involving public interest especially those concerning the utilization of public funds and property.