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In contrast, little or no popular mobilisation motivates elitist constitutionalism; they are mostly if not entirely elite-driven.
The present push for charter change in the Philippines is a textbook example of elite constitutionalism. The administration is both its catalyst and engine. Mark Tushnet identifies a paradox of elite-driven constitution-making: it is stable only insofar as it is either unnecessary or ineffective.
They house different groups that have divergent ideas about how things should be and what changes to the status quo would be acceptable. For a constitution of any given society to endure, it must constantly remain acceptable to plenty enough different groups that wield significant power in that society. That is, it must enshrine acceptable norms of their co-existence. Fundamentally changing the way things are would seriously disadvantage too many powerful groups. Any elite-driven constitutional change would thus be stable only if it either merely ratifies an enduring change in the status quo that has already occurred and is thus unnecessary , or merely makes cosmetic changes to the status quo and is thus ineffective.
Hence, one of the most important functions of a government is to protect and uphold the identity of its nation.
Representation: A government represents the interests of the nation. To protect and safeguard the interests of the nation, the government enters into bilateral trade agreements, negotiations, treaties and so on, with the governments of other nations. Infrastructure: One of the main purposes of the government is to provide good infrastructure to all its countrymen in the form of roads, bridges, drinking water, electricity and communication networks.
Social Welfare: Last but not the least, introducing social welfare programs to protect and fulfill the interests of the minorities, such as to provide education and healthcare facilities to the underprivileged classes of the economy, is one of the primary purposes of the government.
As to number of persons exercising sovereign powers: a. Monarchy or one in which the supreme and final authority is in the hands of a single person without regard to the source of his election or the nature or duration of his tenure. Monarchies are further classified into — Absolute monarchy or one in which the ruler rules by divine right; and Limited monarchy or one which the ruler rules in accordance with a constitution. Aristocracy or one in which political power is exercised by few privileged class which is known as an aristocracy or oligarchy; and c.
Democracy or one in which political power is exercised by a majority of the people. Democratic governments are further classified into — Direct or pure democracy or one in which the will of the state is formulated or expressed directly and immediately through the people in mass meeting or primary assembly rather than through the medium of delegates or representatives chosen to act for them; and Indirect, representative, or republican democracy or one in which the will of the state is formulated and expressed through the agency of a relatively small and select body of persons chosen by the people to act as their representatives.
As to extent of powers exercised by the central or national government: a. Unitary government or one in which the control of national and local affairs is exercised by the central or national government; and b. Federal government or one in which the powers of government are divided between two sets of organs, each organ being supreme within its own sphere.
The United States is a federal government. As to relationship between the executive and legislative branches of the government: a.
Parliamentary government or one in which the state confers upon the legislature the power to terminate the tenure of office of the real executive. Under this system, the Cabinet or ministry is immediately and legally responsible to the legislature and immediately or politically responsible to the electorate, while the titular or nominal executive — the Chief of State — occupies a position of irresponsibility; and b.
Presidential government or one in which the state makes the executive constitutionally independent of the legislature as regards his tenure and to a large extent as regards his policies and acts and furnishes him with sufficient powers to prevent the legislature from trenching upon the sphere marked out by the constitution as executive independence and prerogative.
De Leon II. Main Discussion A. What is a Constitution? A Constitution is a body of fundamental rules and maxims by which the powers of government are defined by the sovereign and in accordance with which those powers are habitually exercised. It is the supreme, fundamental law of the land. The fundamental law that establishes the character of a government by defining the basic principles to which a society must conform; by describing the organization of the government and regulation, distribution, and limitations on the functions of different government departments; and by prescribing the extent and manner of the exercise of its sovereign powers.
The Constitution currently in effect was enacted in , during the administration of President Corazon C. Aquino, and is popularly known as the " Constitution". Philippine constitutional law experts recognize three other previous constitutions as having effectively governed the country — the Commonwealth Constitution, the Constitution, and the Freedom Constitution. Laurel It declared that sovereignty resides exclusively in the people, stated basic civil rights, separated the church and state, and called for the creation of an Assembly of Representatives to act as the legislative body.
It also called for a Presidential form of government with the president elected for a term of four years by a majority of the Assembly. Commonwealth and Third Republic The Constitution was written in , approved and adopted by the Commonwealth of the Philippines — and later used by the Third Republic of the Philippines — It was written with an eye to meeting the approval of the United States Government as well, so as to ensure that the U.
The original Constitution provided for unicameral National Assembly and the President was elected to a six-year term without re-election.
It was amended in to have a bicameral Congress composed of a Senate and House of Representatives, as well the creation of an independent electoral commission. The Constitution now granted the President a four-year term with a maximum of two consecutive terms in office. A Constitutional Convention was held in to rewrite the Constitution. The convention was stained with manifest bribery and corruption. Possibly the most controversial issue was removing the presidential term limit so that Ferdinand E.
Marcos could seek election for a third term, which many felt was the true reason for which the convention was called. In any case, the Constitution was suspended in with Marcos' proclamation of martial law, the rampant corruption of the constitutional process providing him with one of his major premises for doing so.
Second Republic The Constitution was drafted by a committee appointed by the Philippine Executive Commission, the body established by the Japanese to administer the Philippines in lieu of the Commonwealth of the Philippines which had established a government-in-exile.
In mid Japanese Premier Hideki Tojo had promised the Filipinos "the honor of independence" which meant that the commission would be supplanted by a formal republic.
The Preparatory Committee for Philippine Independence tasked with drafting a new constitution was composed in large part, of members of the prewar National Assembly and of individuals with experience as delegates to the convention that had drafted the Constitution. Their draft for the republic to be established under the Japanese Occupation, however, would be limited in duration, provide for indirect, instead of direct, legislative elections, and an even stronger executive branch.
Upon approval of the draft by the Committee, the new charter was ratified in by an assembly of appointed, provincial representatives of the Kalibapi, the organization established by the Japanese to supplant all previous political parties. Upon ratification by the Kalibapi assembly, the Second Republic was formally proclaimed — Laurel was appointed as President by the National Assembly and inaugurated into office in October Laurel was highly regarded by the Japanese for having openly criticized the US for the way they ran the Philippines, and because he had a degree from Tokyo International University.
The Constitution remained in force in Japanese-controlled areas of the Philippines, but was never recognized as legitimate or binding by the governments of the United States or of the Commonwealth of the Philippines and guerrilla organizations loyal to them. In late , President Laurel declared a state of war existed with the United States and the British Empire and proclaimed martial law, essentially ruling by decree.
His government in turn went into exile in December, , first to Taiwan and then Japan.
After the announcement of Japan's surrender, Laurel formally proclaimed the Second Republic as dissolved. It was only during the Macapagal administration that a partial, political rehabilitation of the Japanese-era republic took place, with the recognition of Laurel as a former president and the addition of his cabinet and other officials to the roster of past government officials. However, the charter was not taught in schools and the laws of the National Assembly never recognized as valid or relevant.
The New Society and the Fourth Republic The Constitution, promulgated after Marcos' declaration of martial law, was supposed to introduce a parliamentary-style government. Legislative power was vested in a National Assembly whose members were elected for six-year terms. The President was ideally supposed to be elected as the symbolic and purely ceremonial head of state from the Members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms.
Upon election, the President ceased to be a member of the National Assembly.
During his term, the President was not allowed to be a member of a political party or hold any other office. Executive power was meant to be exercised by the Prime Minister who was also elected from the Members of the National Assembly. The Prime Minister was the head of government and Commander-in-Chief of the armed forces. This constitution was subsequently amended four times arguably five depending on how one considers Proclamation No.
On 16—17 October , a majority of barangay voters Citizen Assemblies approved that martial law should be continued and ratified the amendments to the Constitution proposed by President Marcos. The Sixth Amendment authorized the President to legislate: Whenever in the judgment of the President there exists a grave emergency or a threat or imminence thereof, or whenever the Interim Batasang Pambansa or the regular National Assembly fails or is unable to act adequately on any matter for any reason that in his judgment requires immediate action, he may, in order to meet the exigency, issue the necessary decrees, orders or letters of instructions, which shall form part of the law of the land.
The Constitution was further amended in and In the amendment, the retirement age of the members of the Judiciary was extended to 70 years. The last amendments in abolished the Executive Committee and restored the position of Vice-President which did not exist in the original, unamended Constitution. In actual practice, while the Constitution was ideally supposed to set up a true parliamentary system, the late President Marcos had made use of subterfuge and manipulation in order to keep executive power for himself, rather than devolving executive powers to the Parliament, as headed by the Prime Minister.
The end result was that the Constitution - due to all amendments and subtle manipulations - was merely the abolition of the Senate and a series of cosmetic text-changes where the old American-derived terminologies such House of Representatives became known as the "Batasang Pambansa" National Assembly , Departments became known as "Ministries", cabinet secretaries became known as "cabinet ministers", and the President's assistant - the Executive Secretary - became known as the "Prime Minister.
Marcos from office, the new President, Corazon C. Aquino issued Proclamation No. It adopted certain provisions from the constitution and granted the President broad powers to reorganize this government and remove officials from office, and mandated that the president would appoint a commission to draft a new constitution. Marcos as president, and following on her own inauguration, Corazon C.
President Aquino later issued Proclamation No. Aquino appointed 50 members to the Commission. Aquino also deliberately appointed 5 members, including former Labor Minister Blas Ople, who had been allied with Marcos until the latter's ouster.
The Commission finished the draft charter within four months after it was convened. Several issues were heatedly debated during the sessions, including on the form of government to adopt, the abolition of the death penalty, the continued retention of the Clark and Subic American military bases, and the integration of economic policies into the Constitution. Brocka would walk out of the Commission before its completion and two other delegates would dissent from the final draft.
The ConCom completed their task on 12 October and presented the draft constitution to President Aquino on October 15, After a period of nationwide information campaign, a plebiscite for its ratification was held on February 2, More than three-fourths of all votes cast, On 11 February , the new constitution was proclaimed ratified and took effect.
On that same day, Aquino, the other government officials, and the Armed Forces of the Philippines pledged allegiance to the Constitution. Significant features of the Constitution The Constitution establishes the Philippines as a "democratic and republican State", where "sovereignty resides in the people and all government authority emanates from them" Section 1, Article II.
Consistent with the doctrine of separation of powers, the powers of the national government are exercised in main by three branches — the Executive branch headed by the President, the Legislative branch composed of Congress and the Judicial branch with the Supreme Court occupying the highest tier of the judiciary.
The President and the members of Congress are directly elected by the people, while the members of the Supreme Court are appointed by the President from a list formed by the Judicial and Bar Council. As with the American system of government, it is Congress which enacts the laws, subject to the veto power of the President which may nonetheless be overturned by a two-thirds vote of Congress Section 27 1 , Article VI.
The President has the constitutional duty to ensure the faithful execution of the laws Section 17, Article VII , while the courts are expressly granted the power of judicial review Section 1, Article VIII , including the power to nullify or interpret laws. The Constitution also establishes limited political autonomy to the local government units that act as the municipal governments for provinces, cities, municipalities, and barangays.
Section 1, Article X Local governments are generally considered as falling under the executive branch, yet local legislation requires enactment by duly elected local legislative bodies. The Congress duly enacted Republic Act No. The Supreme Court has noted that the Bill of Rights "occupies a position of primacy in the fundamental law". Many of these guarantees are similar to those provided in the American constitution and other democratic constitutions, including the due process and equal protection clause, the right against unwarranted searches and seizures, the right to free speech and the free exercise of religion, the right against self-incrimination, and the right to habeas corpus.
The scope and limitations to these rights have largely been determined by Philippine Supreme Court decisions. Outside of the Bill of Rights, the Constitution also contains several other provisions enumerating various state policies including, i. The Court, for example, has ruled that a provision requiring that the State "guarantee equal access to opportunities to public service" could not be enforced without accompanying legislation, and thus could not bar the disallowance of so-called "nuisance candidates" in presidential elections.
But in another case, the Court held that a provision requiring that the State "protect and advance the right of the people to a balanced and healthful ecology" did not require implementing legislation to become the source of operative rights. Parts of the Constitution The Constitution is divided into 18 parts, excluding the Preamble, which are called Articles. If we looked deeper into the preamble, this is not an integral part of the constitution and could not enforced, however its significance is that studies made showed that almost all of the constitution made to contain a preamble.
Objectives of the Preamble It is generally considered that a preamble is not a necessary part of a constitution, but as an introductory part, it is needed in the Philippine constitution. The preamble of the Philippine constitution shows its framers and to whom it is addressed to and also the general purposes and basic principles of the charter.
As interpreted, the preamble has a value in the interpretation of vague or not clear provisions of the constitution like the promotions of the constitution like that of the general welfare and not for private purposes.
Time limitations mandatory Submission of annual report Independent constitutional bodies Disabilities of members of Constitutional Commissions Compensation of members of Constitutional Commissions Appointment and removal of officials and employees Other common features Rules of procedure Rendition of decision and judicial review Additional functions under the law Composition of the Civil Service Commission Qualifications ofmembers Appointment and terms of office Rotational scheme of appointment Reasons for creation of the Commission Meaning of Civit Service Scope of the Civil Service Constitutional classification of positions in the Civil Service The merit system Non-competitive positions Guarantee of security of tenure Meaning of"for cause provided by law" Abolition of position Prohibition against electioneering and other partisan political campaign Meaning of electioneering or partisan political campaign Activities not covered Right of government employees to self-organization Right of government employees to strike Protection oftemporttry employees Powers and of the Commission Importance of a permanent civil service Purpose of providi ng a civil service system.
Basic requisites of a civil service system Oath to dt! Standardization of compensation I neligibility for appoint ment of defeated candidate in an election Ineligibility for appointment of elective official s Prohibition hol ding more than one position by appoin tive officials Prohibition agai ns t additional, double, or indirect compensation E"c 2ptions to the prohibition Prohibition again,-.
Composition of the Commission on Elections Qualifications of members Purpose of the Commission Powers and functions Ofthe Commission Finality of decisions Rationale of r egistration of political parties Hearing of election cases Regul ation of public utili ties and media Pardon, etc. Meaning of parole Meaning of suspension of se ntence Meani ng of pol itical party Fr ee and open party system.. Membership f political pnrties, etc. Election per iod Campaign period Protection against harassment and discrimination AutomaLic of appropriations Composition of the Commiss: Purpose of the Commi: PowerH and functions of the Commission Concept of examination, auditing, and settlement of accounts Exemption of any government entity or its subsidiary Submission of report to t he President and Congress Import ance oflocal governments Territorial and poli tical s ubdivisions of the Philippines..
Dual status of local governments Meani ng of! Meaning of decentralization Reasons for grant ing local autonomy Enactment oflocal government code Mechanisms of r ecall , i nitiati ve, and referendum Supervi sor y power of Pr esident over local governments Supervisory power with r espect to component uni t " Taxi ng power of local government s constitutionally granted Automatic release of share of national taxes Share in proceeds of uti lization and development of national wealth Term of office of local offic: Sectoral representation in local legislative bodies..
Creation, division, merger, etc. Creation of special metropolitan political subdivisions Component cities and highly urbanized cities Grouping of local government units Regional development councils or other similar bodies Creation of regions Composition and condition for creation of autonomous regions Residual powers vested in the National Government Enactment and ratification of an organic act for each autonomous region Time frame for the passage of organic..
Legislative powers of autonomous regions.. Preservation of peace and order within the regions. Meani ng of public office and public officer Nature of public office Meaning of officer and employee Public oftice, a public trust Accountability to the people Importance of maintaining public trust in public officers Meani ng and nature of impeachment Purpose of impeachment Officials removable by impeachment Removal of other officials Grounds for impeachment Power to initiate and try impeachment vested in Congress Procedure in impeachment cases Penalty in impeachment cases Effect of resignation Rules on impeachment Office of the Ombudsman to be known as Tanodbayan Rationale for creation of the two bodies Powers, functions, and duties of the Ombudsman Right of the State to recover ill-gotten wealth Prohibition against grant ofloan, guaranty or other form of financial accommodation Declaration of assets, liabilities and net worth Duty of allegiance to the State and the Constitution Concept of national economy and patrimony Three-fold goals of the national economy Strategies to accomplish goals Guidelines in the development of the national economy Promotion of industrialization and full employment Protection of Filipino enterprises against unfair foreign competjtion and trade practices State ownership of natural resources Objectives of policy on natura] resources Alienation of agricultural lands of the public domain Exploration, development and utilization of natural resou: Period of agreement for exploration, etc.
Agreement for exploration, etc. Protection of marine wealth Small-scale utilization of natural resources by Filipinos to be allowed. Technical or financial assistance agreements with foreign-owned corporations Classification of lands of the public domain Determination of size of landholdings and conditions therefor Maximum size of landholdings Grant, now a mode for the aequisition of public lands Congress to determine specific limits of forest lands and national parks Protection of rights of indigenous cultural communities to their ancestral lands Use of property bears a social function Right to own, Cl: Acquisition of pri vate lands Prohibi tion against alien landholding Consequence of violation of prohibition Right of natural-born citizens who have lost their citizenship to acquire pri vate lands Independent t.
Filipinization of ce-rtai n areas of investments Higher percentage of Filipino ownership Meaning of franchise.. Meaning of-public utility.. Limitations upon grant of fra nchi se, etc.
Purpose oflimiti ng period of franchise Equity participation in public utilities Foreign par tici pation in any public utility.. Adoption of ''Filipino First" policy.. Promotion of trade policy that serves t he general welfare Promotion of national talent pool of Filipinos Regulation of technology trans fer Practice of all professions limited t o Fili pino! Agency to promot. Creation of government-owned or -controlled corp0l'at1ons Temporary take-over or- direction of private busim!
Meaning of monopoly Regulatiun or prohibition of private monopolies Meaning of restraint of trade Meaning of competition S93 5. Meaning of unfair competition Central monetary authority to be established Rules with respect to foreign loam; Concept of social justice Duty of State to prc,motc social justice Beneficiary of social justice policy Social justice and property rights Social justice through promotion of equality of opportunity Constitut ional provisions on social j ustice Prot ect ion to labor Rights of workers Principle of shared respon s ibility Methods for resolving labor Roci procal rights of labor and enterprises Undertaking an agrar ian r eform pr ogram Planning, organi1.
Dis pos ition of other natural r esources and of public agr icul tural es tate:: Resettlement of landless farmers and Rights of subsistence fisher me n and fishworkerf-! Inves t ment incen tives to landowners Protection of working women Role and righto of people's organizations Obligatlons impo: The Commission on Human Rights Reasons for creation nf t.
Concept of education Ways for acquiring education Right of all to quality education Duty of the State to protect and promote right to quality educat.
Complete, adequate, Hnd integrated system of educat. System of education t o be relevant to the needs of the people and society System of a free publ ic education to be estabiished and maintained Natural right and duty of parcnLli to rear their children Righ t oft. System of scholan;hip grants, etc.
Non-formal, i nformal, and indigcnom; learning ;;ysterr. Training in civie: Study of Constitution to be part of school curricula Educational ai ms of schools Importance of values education Role of other sectors in the education of the youth Optional reli gious instruction in public elementary and high schools to be all owed Complementa ry roles of public and private educational institutions recognized Ownership, control and administration of educational ins ti t ut ions by Fi lipino t-'itizcns Educational instit ut ions est abli shed exclusively for aliens pr ohibited Exemption from taxes and duties Institutions of hi gher!
Importance of guarantee of academic freedom Guarantee not academic licens e Right of every citizen to select a profession or of study. Right of teachers t o professional advancement Right of non-teaching academic and non-academic per sonnel State to assign the highest budget ary priority to education Duty of State to improve lot of t eachers Concept of language Importance of language National language is Filipino..
Pilipino not immediately abrogated Need for a oHtionallanguage.. Use of Filipino as a medium of offici al communica tion and language of instruction Official languages ofthe Philippines Need for communication skills i n English Auxiliary offi cial languages..
Difference bet ween official language and national language Constitution ofliciall y promulgated in Filipino and English Translation and interpretation National language to be Concept of science and technology Science and technology essential for national development and progress. Promotion of science and t echnology Science and technology education and training Right to inventions, etc. Conceptofart sand culture Importance of culture Promotion of culture Preservation, enrichment, and dynamic evolution of a Filipino national culture Cultural trea:: Rights of indigenous cult ural communities Equal access to cultural opportunities Concept of sports Promotion of s port;, Concept of family The Filipino family, the fonr.
Sphere of law on fan1ily Duty of State to defend family right;; Duty to ca! The Philippine Flag Adoption or a new name country, a national anthem, or a naLional Pri neip le of mnH;u abih ty of the State.
Bases of the principle;;; When suits against the State Waiver of immunity t admi! The citi. Assistance to veterans.
Protection of cons umers Filipino capability in ancl informati on Ownership and management. Regul ation of the advertisi ng indu Ownership and munagement of a clverti: CTION 12 1. Creation of consultative body ror indigcnou;; cultllra l ,. CTION 1 1.
Amendment and r evision distinguished Importance of the a mending proeedurP Methods hy which a mendments or revi.: Meaning of constitutional con vent ion.. Cons titution drafted by an appointive Con.: Rati5ca t. Meaning and of t ransitory pr ovisions CTION 2 1. Term of office of Hevrt: All exist. Transitory legislative power of President Appointment of nominee:: Metropolitan Authority may be eon: Sub-provinces to continue to Hnd operate Adoption of a p!
Wl1erc applicable period for rendi tion of judicial deci: Incumbent members of the Constitutional to continue in office An nual of constit.
Incr ease of salary scales of olht! Disposition of properties, rec: Reversion to State of illegally ucq p11b! Expropriation of idh!
Compliance hy adYertising compa nies with minimum Filipino ownership requirement Private armies and other armed groups t.
Requirements for allowing foreign military base!! Sequestered or frozen properties The word "political" is derived from the Greek word polis, meaning a city, or what today would be the equivalent of sovereign state; the word "science" comes from the Latin word "to know. Political science is a very field. Its curriculum is almost certain to include courses in political theory, public law, and public admin- istration as well as in various monl specialized subjects.: As used above, the term is equivalent to "nation" or "country," for E-!
In contradistinction to the rules of private law, which govern the among individuals, public law is so specialized that separate courses are offered in each of its subdivisions - constitutional la. As t he compleY. Thus , we find many administr ative agencies exercis - ing quasi-legislative and quasi-judicial power s , i.
VI, Sec. VIII, Sec. Administr ative law, alr eady r eferred to, nlso scope of any broad study of public administ r ation. No precise and defi nitive bouudal"ies can be placed around a subject as comprehensi ve as poli tical science. Today, these fields are j ointly concerned with t he fact that economic condi - tions affect the organization, development, and activities of states, which in turn modify or even pr escribe economic conditions.
The political scientis t regul arly adopts an "economic approach" when seeking to inter pret such matter s as "public financial policies'' and government r egulation of business. The Study of Political Science Geography. One of the many topics which the political scientist handles from a "psychological approach" is that of public opinion, pressure groups, and propaganda.
These concepts arc the underlying forces in the framing of constitutions and laws. The political scienti st considers the branch of called ethics, too, when he contempl ates the moral background of proposed changes in soc. To maintain a fu11 understanding of the facts of politkal life, 6 Sce Jacobsen and Lipman, note 4, op. Again, t hey may be of immense practical use t o individuals who seek to the state in which they live.
I Why s hould t he university or college student st udy political What good will i t do hi m or her, in l ater life'! Are political s cience courses ''practi cal" i. The preparation of students for careers in politics, law, t eachi ng.
Most polit ical science courses should be viewed as essential parts ofl iber"' l education, bearing no materi- ahstic pr ice tag and promising no j ob s ecurit y.
Such shop-worn adjectives as "practical" and "cultural" have no relevance here. I ntelligent, responsi- ble cit izens hip can save democracy; ignorance and negligence can lose it.
Democracy has practical advant ages which no one can appraise in mon- etary terms. Just how much is freedom worth? Study, infor mation, a nd understandi ng of t he complexities of modern government and politics are necessary as et ernal vigilance.
He must algo be citizen who knows the answers. A stale is a c: The Philippines is a state. Eiements of state. The modern state has four 4 essential elements. They are: There is no requirement as to the number of people that should compose a state.
But it should be neither too small nor too latge: Its estimated citizens, mainly clerics and some Swiss guards, are ruled by the Pope. China is the largest state in point of population placed at more than one billion. The Philippines is now estimated to have a population of about 82,,, 16 composed mostly of Malays and Chinese; 1 'Rodec, Anderson, and Christ.
Gar11er, p,,Jitical and Gtw't. The island kingdom of Tonga located in the western South Pacific Ocean.