Philippine Constitution

Topics: Sovereignty, Law, Political philosophy Pages: 5 (1752 words) Published: February 28, 2015
THE 1987 PHILIPPINE CONSTITUTION
General Considerations
Scope of the Study
Organization and operations of the governmental organs of the State and the relation of the State with the inhabitants of its territory. Necessity of Study
Every citizen, regardless of calling, should understand the mechanics and motivations of his government. Sovereignty resides in the people and all government authority emanates from them. All educational institutions shall include the study of the Constitution as part of the curricula. Basis of the Study

1987 Philippine Constitution and all its provisions.
The Constitution of the Philippines
The 1st - Commonwealth Constitution the 1935 Constitution.
The 2nd - the 1973 Constitution.
The 3rd – Freedom Constitution
The 4th – 1987 Constitution
The Supremacy of the Constitution
The basic and paramount law to which all other laws must conform and to which all persons, including the highest official of the land must defer.

All must bow to the mandate of this law.

The constitution must grow with the society it seeks to re-structure and march fast with the progress of the country, must adjust to the pulse of the nation. The concept of the State
The state is a community of persons, more or less numerous permanently occupying a fixed territory, and possessed of an independent government organized for political ends to which the great body of inhabitants render habitual obedience.

GOVERNMENT – refers to the person or group of persons in whose hands the organization of the STATE places for the time being the function of political control, or it may also be defined as the agent, and within the sphere of the agency, a perfect representative. OR The machinery by which the sovereign power in a state expresses its will and exercises its functions; or the framework of political institutions, departments, and offices, by means of which the executive, judicial, legislative, and administrative business of the state Is carried on. NATION – A political group having a government and people distinct from all others, organized for the purpose of procuring mutual safety and advantage Justice Isagani Cruz citing the observation of Hackworth said that a nation indicates a relation of birth or origin and implies a common race, usually characterized by community of language and customs. ELEMENTS OF A STATE

What are the elements of a state?
1. PEOPLE – it refers to the entire body of those citizens of a state or nation who are invested with political power for political purposes.

2. TERRITORY – is a fixed area or surface of the earth where the inhabitants of a STATE live and where they maintain a government of their own. (Read Article 1 NATIONAL TERRITORY)

3. GOVERNMENT – as an element of a state, it is defined as that institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state, or which are imposed upon the people forming that society by those who possess the power or authority prescribing them.

4. SOVEREIGNTY – is the supreme power in a state by which that STATE is governed, or the supreme, the absolute, uncontrollable power by which any STATE is governed.

The Provision/Articles of the 1987 Philippine Constitution
(Parts of the Constitution/Discussion)

BASIC PRINCIPLES

1. Constitution is the Supreme Law of the Land.
2. It is the Symbol and monument of the people’s will.
3. The Constitution Outlines the Infrastructure of the Government. 4. The Constitution must be obeyed by all.
5. The Constitution may be modified either by amendment or revision. 6. The Courts are the ultimate guardians of the Constitution.

Classification of Constitution

1. Written or Unwritten
2. Conventional or Cumulative
3. Rigid or Flexible

Parts of the Constitution

1. CONSTITUTION OF LIBERTY – this contains the fundamental civil and political rights of the citizens as well as...
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