Textbook on the Philippine Constitution [Hector S De Leon] ( ·. Download PDF .. C. THE GOVERNMENT OF THE PHILIPPINES (*Textbook on the Philippine Constitution by Hector S. De Leon and Hector M. De Leon) Purpose and necessity of government Governments of all the. hector de leon philippine constitution pdf free philippine constitution by hector de leon ebook philippine government and constitution by hector de leon textbook.
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Textbook-on-the-Philippine-Constitution (1).pdf - Ebook DE LEON LL.B., UniverRity of the Philippines Member, Integrat ed Bar of the Philippines HECTOR S. DE LEON . C. THE GOVERNMENT OF THE PHILIPPINES. Textbook on the Philippine Constitution (de Leon, Hector) - Download as Word Doc .doc Download as DOCX, PDF, TXT or read online from Scribd As the complexity of government activities grows, the traditional distinctions among the. All PDF. Philippine constitution pdf by hector de leon. Philippine constitution Priority Downloads. philippine government and constitution by hector de leon pdf.
Political science, as one of the social sciences, uses methods and techniques that relate to the kinds of inquiries sought: Concepts of State and Government Meaning of State.
Elements of a state. Government - Refers to the agency to which the will of the state is formulated, expressed, and carried out.
Sovereignty - May be defined as the supreme power of the state to command and enforce obedience to its will from the people within its jurisdiction and corollarily to have freedom from foreign control. Divine Right Theory. Necessity or force theory. Paternalistic theory.
Textbook on the Philippine Constitution
By natural stages, the family grew into a clan, then developed into a tribe which broadened into a nation and the nation became a state; and 4. Social contract theory. This theory justifies the right of the people to revolt against a bad ruler.
De Leon Purpose and necessity of government Governments of all the countries, including the Philippines, have these purposes. They are defense, national identity, representation, social welfare and infrastructure. Our government according to our Constitution has, basically, three branches - the Executive, the Legislative and the Judicial - that help in the all-round functioning of a government. Take a look at the five main purposes of a government. One of these purposes of government is to defend the borders of the nation against foreign invasion.
Hence, all governments have some form of defense system that includes the army, the navy and the air force. Maintaining internal order is also one of the critical defense purposes of a government.
This is taken care of by the internal police force. National Identity: Each nation is unique in its own way. Each nation has its own traditions and culture. It is said that for a nation to exist, it must have an identity.
For instance, no two flags of any two nations are alike nor are the national anthems and pledges. Hence, one of the most important functions of a government is to protect and uphold the identity of its nation. 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.
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: 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: 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: 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. 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 Evolution and History of the Philippine Constitution: The Constitution of the Philippines In Filipino: Saligang Batas ng Pilipinas is the supreme law of the Philippines. 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 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 amendments were: 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. In the amendments, the false parliamentary system was formally modified into a French-style semi- presidential system: 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.
The Articles are as follows: 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. 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.
What comprises the National Territory? The Philippine Archipelago with all the islands embraced therein - Under the UNCLOS United Nations Convention on the Law of the Sea , it is a group of islands, interconnecting waters and other natural features which are so closely inter-related that such islands, waters and natural features from an intrinsic geographical, economic and political entity, or which historically regarded as such.
Definition of internal waters; B. Straight baseline method of delineating the territorial sea. All other territories over which the Philippines has sovereignty or jurisdiction - Includes any territory that presently belongs or might in the future belong to the Philippines through any of the accepted international modes of acquiring territory. Terrestrial — refers to the land mass, which may be integrate or dismembered, or partly bound by water or consists of one whole island.
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It includes all the resources attached to the land. Fluvial a. Internal waters - the waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions.
Archipelagic waters — waters enclosed by the archipelagic baselines, regardless of their depth or distance from the coast. Archipelagic State — state made up of one or two archipelagos Straight Archipelagic Baseline — determine the archipelagic waters, the state shall draw straight baselines connecting the outermost points of the outermost islands and drying reef provided that within such baselines are included the main islands and an area in which the ratio of the water to the area of land, including atolls, is between 1: The length of such baselines shall not exceed nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum length of nautical miles.
The drawing of such baselines shall not depart to any appreciable extent from the general configuration of the archipelago. Territorial sea - belt of the sea located between the coast and internal waters of the coastal state on the one hand, and the high seas on the other, extending up to 12 nautical miles from the low water mark d. Contiguous zone - Extends up to 12 nautical miles from the territorial sea. Although not part of the territory, the coastal State may exercise jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary laws.
Principle of Innocent Passage — guarantees that all vessels, whatever flag that they are flying, can freely cross all territorial seas. Exclusive economic zone - Body of water extending up to nautical miles, within which the state may exercise sovereign rights to explore, exploit, conserve and manage the natural resources. Continental shelf — the seabed and subsoil of the submarine areas extending beyond the Philippine territorial sea.
High seas — res communes; not territory of any particular State. They are beyond the jurisdiction and sovereign rights of the State. Aerial — Rules governing the high seas also apply to outer space, which is considered as res communes. Likewise, it will not prevent other states from claiming territories which they think belong to them in accordance with the modes of acquiring territory. Declaration of Principles and State Policies — In Article II, its nature of the constitution is considered as the political creed of the nation as: Declaration of Principles and State Policies - statement of the basic ideological principles and policies that underlie the Constitution.
The provisions shed light on the meaning of the other provisions of the Constitution and they are a guide for all departments of the government in the implementation of the Constitution. Principles - binding rules which must be observed in the conduct of government Sections The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. The Philippines, a democratic and republican state.
A republican government is a democratic government by representatives chosen by the people at large. The essence therefore, of a republican state is indirect rule. It embodies some features of a pure or direct democracy such as initiative, referendum, and recall.
Manifestations of a democratic and republican state: In answer, it should be made clear that the primary objective of the political science curriculum is education for citizenship. The preparation of students for careers in politics, law, teaching, the civil service, and the foreign service though vitally important is secondary to the task of equipping them to discharge the obligations of democratic citizenship, which grows constantly heavier in the modern world.
Most political science courses should be viewed as essential parts of liberal education, bearing no materialistic price tag and promising no job security. Such shop-worn adjectives as practical and cultural have no relevance here. Intelligent, responsible citizenship can save democracy; ignorance and negligence can lose it.
Just how much is freedom worth? The oft-repeated but seldom comprehended quotation,eternal vigilance is the price of liberty, requires amendment. Study, information, and understanding of the complexities of modern government and politics are necessary as eternal vigilance.
Political science seeks to gather and impart this knowledge and understanding. The good citizen who behaves himself and votes regularly is no longer enough. He must know how his government really operates, what interests and forces are behind particular policies, what the results of such policies are likely to be, what his rights and obligations are, who his elected representatives are, what they stand for.
A state is a community of persons more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render obedience, and enjoying freedom from external control. Elements of state. The modern state has four 4 essential elements.
They are: 1 People. This refers to the inhabitants living within the state. Without people there can be no functionaries to govern and no subjects to be governed.
There is no requirement as to the number of people that should compose a state. Ideally, it should be neither too small nor too large: small enough to be wellgoverned and large enough to be self-sufficing. Its estimated citizens, mainly clerics and some Swiss guards, are ruled by Pope. China is the largest in point of population placed at 1,,, at the end of according to Chinas National Bureau of Statistics.
The Philippines is estimated to have a population of about 88,, as of August 1, , 18 composed mostly of Malays and Chinese; 2 Territory. It includes not only the fixed portion of land over which the jurisdiction of the state extends territorial domain , but also the rivers and lakes therein, a certain area of the sea which abuts upon its coasts fluvial and maritime domain , and the air space above the land and the waters. Aerial domain. Thus the domain of the state may be described as terrestrial, fluvial, maritime, and aerial.
The smallest state in point of territory is Vatican, located just outside the western boundary of Rome with an area of only 0. It would fit in Rizal Park in Manila. It is the smallest independent nation in the world.
The Republic of Nauru has an area of about 8 square miles or 21 square kilometers. The former Soviet Union19 was the largest state in point or territory with its total land area of about 8,, square miles or 22,, square kilometers. Canada has an area of about 3,, square miles or about 9,, square kilometers20 which covers a surface nearly as large as Europe.
The Philippines has a total land area of about , square miles or about , square kilometers; 3 Government. It refers to the agency through which the will of the state is formulated, expressed and carried out. The word is sometimes used to refer to the person or aggregate of those persons in whose hands are placed for the time being the function of political control. This body of men is usually spoken of as administration. The ordinary citizens of a country are a part of the state.
The term may be defined as the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and corollarily, to have freedom from foreign control. It has, therefore, two manifestations: a Internal or the power of the state to rule within its territory; and b External or the freedom of the state to carry out its activities without subjection to or control by other states.
External sovereignty is often referred to as independence. These internal and external aspects of sovereignty are not absolutely true in practice because of the development of international relations and consequently, of international law. Origin of states. There are several theories concerning the origin of states, among which are: 1 Divine right theory. It holds that the state is of divine creation and the ruler is ordained by God to govern the people.
Reference has been made by advocates of this theory to the laws which Moses received at Mount Sinai; 2 Necessity or force theory.
It maintains that states must have been created through force, by some great warriors who imposed their will upon the weak; 3 Paternalistic theory.There are several theories concerning the origin of states. 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.
On the other hand, the Arab nation is divided politically into several sovereign states. Meaning of right of privacy The amendments were: The government exist for the people and not the people for the government.
Freedom of Speech, Press and Assembly; Section 1 above impliedly recognizes that the people, as the ultimate judges of their destiny, can resort to revolution as a matter of right.