1987 Constitution
*The Constitution is the fundamental law of the land. It establishes the basic framework and underlying principles of government. It expresses the aspirations/will of the people.
*The drafters of the constitution are the Filipino people (through their representatives)
*Ways to draft constitution:
Constitutional Commission ( e.g. 1987 Constitution - there were 48 members)
Constitutional Convention (Malolos Constitution)
*A drafted constitution is ratified by the people through a PLEBISCITE
*Amendment to, revision of, the Constitution may be proposed by Congress upon a vote of two-thirds of all its members or through a constitutional convention.
Total Number of Law Makers
Senators = 24
Congressmen = 250 (maximum)
a. District representatives (80%)
b. Sectoral representatives/ partylists (20%)
Articles of the 1987 constitution
Article 1 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.
An archipelagic state is any internationally recognized state or country that comprises a series of islands that form an archipelago. The term is defined by the United Nations Convention on the Law of the Sea in order to define what borders such states should be allowed to claim.
In various conferences of the United Nations on the Law of the Sea (UNCLOS), Fiji, Indonesia, Papua New Guinea, the Bahamas, and the Philippines are the five sovereign states that obtained approval in the UN Convention on the Law of the Sea (UNCLOS) held in Montego Bay, Jamaica on December 10, 1982 and qualified as archipelagic states.[2]
Archipelagic states are states that are composed of groups of islands forming a state as a single unit, with the islands and the waters within the baselines as internal waters. Under this concept ("archipelagic doctrine"), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the state, and are subject to its exclusive sovereignty.
Articles of the 1987 constitution
Article 2 Declaration of Principles and State Policies
Article 2 - Declaration of principles and state policies
Sec 1: The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them.
Sec 2: The Phil Renounces war as an instrument of national policy...
Aggressive vs. defensive war...
Which department declares a state of war?
*Congress by a 2/3rd vote
Article 2
Sec 3. Civilian authority is, at all time, supreme over the military.
*The commander in chief of the Military is a civilian>President of the Phil.
Sec 6. The Separation of Church and State shall be inviolable
*Our constitution and laws exempt from taxation properties devoted exclusively to religious purposes
Articles of the 1987 constitution
Article 3 Bill of Rights
Article 3: bill of rights
Classification of constitutional rights
Article 3 : BiLL of rights
Due Process of Law - any deprivation of life, liberty, or property by the State is with due process if it is done:
Under the authority of a law that is valid;
After compliance with fair and reasonable methods of procedure by law
Article 3, Sec 9:
Section: Private property shall not be taken for public use without just compensation.
Inherent powers of the government
Article 3, Sec 14
Right to presumption of innocence:
1. A safeguard against false conviction
2. Requirement of proof of guilt beyond reasonable doubt.
Article 3, sec
Search and Seizures
Who determines the probable cause?
