Philippine Consititution of 1987
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
a. The basic principles underlying the 1935, 1973 and 1987 Constitutions.
b.Manifestations of a republican state.
c. Define “state”
COLLECTOR VS. CAMPOS RUEDA, 42 SCRA 23
d. Elements of a state. Define each:
1. people
2. territory
3. sovereignty
4. government
e. Different meanings of the word “people” as used in the constitution:
1. as inhabitants (Art. XIII, Sec. 1; Art. III, Sec. 2);
2. as citizens (Preamble; Art. II, Sec. 1 & 4; Art. III, Sec. 7);
3. as voters (Art. VII, Sec. 4)
f. Presidential & parliamentary forms of government
Read:
1. FREE TELEPHONE WORKERS UNION VS. OPLE, 108 SCRA 757
The government of the Philippines under the 1973 Constitution is “essentially presidential with parliamentary features.”
2. LEGASPI VS. SEC. OF FINANCE, 115 SCRA 418
The form of government is “essentially parliamentary with presidential features.”
g. Two-fold function of the government
Read:
1)BACANI VS. NACOCO, 100 Phil. 468 (Ministrant [merely directory] and Constituent [Mandatory] Functions)
2) ACCFA VS. CUGCO, 30 SCRA 649
Due to complexities of the changing society, the two-fold function of the government as classified by President Wilson is no longer relevant.
h. Parents Patriae
Read:
1) GOVT. VS. MONTE DE PIEDAD, 35 Phil 738
2) CABANAS VS. PILAPIO, 58 SCRA 94
i. De jure govt.? De facto govt.?
Read:
1. AQUINO VS. COMELEC, 62 SCRA 275 (on the de jure aspect)
2. In Re: SATURNINO BERMUDEZ, 145 SCRA 160
A government formed as a result of a people’s revolution, is considered de jure if it is already accepted by the family of nations or other countries like the United States, Great Britain, Germany, Japan, and others.
3. Estrada vs. Macapagal & Desierto, infra.
j.
a. The basic principles underlying the 1935, 1973 and 1987 Constitutions.
b.Manifestations of a republican state.
c. Define “state”
COLLECTOR VS. CAMPOS RUEDA, 42 SCRA 23
d. Elements of a state. Define each:
1. people
2. territory
3. sovereignty
4. government
e. Different meanings of the word “people” as used in the constitution:
1. as inhabitants (Art. XIII, Sec. 1; Art. III, Sec. 2);
2. as citizens (Preamble; Art. II, Sec. 1 & 4; Art. III, Sec. 7);
3. as voters (Art. VII, Sec. 4)
f. Presidential & parliamentary forms of government
Read:
1. FREE TELEPHONE WORKERS UNION VS. OPLE, 108 SCRA 757
The government of the Philippines under the 1973 Constitution is “essentially presidential with parliamentary features.”
2. LEGASPI VS. SEC. OF FINANCE, 115 SCRA 418
The form of government is “essentially parliamentary with presidential features.”
g. Two-fold function of the government
Read:
1)BACANI VS. NACOCO, 100 Phil. 468 (Ministrant [merely directory] and Constituent [Mandatory] Functions)
2) ACCFA VS. CUGCO, 30 SCRA 649
Due to complexities of the changing society, the two-fold function of the government as classified by President Wilson is no longer relevant.
h. Parents Patriae
Read:
1) GOVT. VS. MONTE DE PIEDAD, 35 Phil 738
2) CABANAS VS. PILAPIO, 58 SCRA 94
i. De jure govt.? De facto govt.?
Read:
1. AQUINO VS. COMELEC, 62 SCRA 275 (on the de jure aspect)
2. In Re: SATURNINO BERMUDEZ, 145 SCRA 160
A government formed as a result of a people’s revolution, is considered de jure if it is already accepted by the family of nations or other countries like the United States, Great Britain, Germany, Japan, and others.
3. Estrada vs. Macapagal & Desierto, infra.
j.