2. The State
The State, is a community of persons more or less
numerous, permanently occupying a definite portion
of territory, independent of external control,
possessing an organized government to which the
general body of inhabitants render habitual
obedience (Garner, W. J.).
The elements of the state are:
1. Community of persons – The Filipinos
2. Territory – The Philippines
3. Independent – Since declared on 12 June 1898
4. Government - presidential with 3 coequal
branches: executive, legislative, and judiciary
3. The Constitution
A constitution may be defined as a written
instrument by which the fundamental powers of
the government are established, limited and
defined, and by which these powers are
distributed among several departments for their
safe and useful exercise for the benefit of the
body politic. (Ricardo S. Lazo, Jr.: Phlippine
Governance & 1987 Constitution)
The Constitution of the Philippines (Saligang
Batas ng Pilipinas) is the fundamental law of the
Philippines; it is supreme among all the laws.
4. FUNDAMENTAL + LAW
FUNDAMENTAL a : serving as an original or
generating source : primary . b : serving as a basis
supporting existence or determining essential
structure or function : basic (Merriam-Webster).
LAW: the system of rules which a particular country
or community recognizes as regulating the actions
of its members and which it may enforce by the
imposition of penalties (Oxford Dictionaries)
As the fundamental law of the land, the
constitution becomes the supreme law from which
all existing laws must conform. The constitution is
the legitimate source of power and control of a
government.
5. The Constitution: Is it important?
The constitution
is the organic law that serves as the peoples’ shelter from
chaos, abuses, and injustices by lawless elements of society.
sets an “order” where people cooperate with the duly
constituted authority of the state; exercising their rights as
provided in the constitution, observing their limitations
responsibly with due regard to the rights of other individuals in
particular, and the State in general.
governs the conduct and affairs of the government, the
people, and the relationship of individuals with other legal
entities be it public or private.
is binding to all citizens and persons in a State, and all organs
of government.
is the embodiment of the sovereign will that binds peoples’
differences and diverse beliefs into one coherent mechanism
of state control.
6. Recent “Constitutional” Issues
“Department Circular No. 41
issued by the DOJ which is not a
law enacted by Congress restricts
the right to travel, is, on its face,
void for being in violation of the
Constitution" - Estelito Mendoza
Chief Justice Corona
claimed that his
impeachment was
unconstitutional and was
an abuse of executive
power in connivance
with the legislature
7. The Constitutions of the
Philippines
1. 1899 Constitution (The Malolos
Constitution)
2. 1935 Constitution
3. 1943 Constitution (Constitution During the
Japanese Occupation)
4. 1973 Constitution
5. 1986 Provisional "Freedom" Constitution
6. 1987 Constitution (Present Constitution)
8. We the people are the
rightful masters of both
Congress and the courts, not
to overthrow the Constitution
but to overthrow the men
who pervert the Constitution.
Abraham Lincoln