PPT(L4)_THE PHILIPPINE CONSTITUTIONS

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REYMOND VERBA

Cards (103)

  • The noun constitution is from Latin, from constitutus, "set up, established," plus the suffix-ion, meaning "act, state, or condition." So think of a () as how a body (yours, the government's) is set up.
  • The Greek word for constitution (politeia) used in a variety of contexts. The simplest and most neutral of these was "the arrangement of the offices in a polis" (state). In this simply descriptive use of the word, every state has a (), no matter how ill or irregularly governed it may be.
  • Constitution - It is a written instrument by which the fundamental powers of government are established, limited and defined and by which the powers are distributed among several departments for their safe and useful exercise for the benefits of the body politics.
  • Constitutions - are important because they are proof of a nation's freedom and capacity to govern its people as a state. It is also in the (), where civil liberties are protected under the Bill of Rights.
  • The Jesuit constitutionalist Father Joaquin Bernas once said: "The protection of fundamental liberties is the essence of constitutional democracy. Protection against whom? Protection against the state.
  • Importance of the Constitution
    1. Maintain law and Order
    2. Impose the rules and regulations
    3. Protect individual Rights and regulations
    4. Limits the power of the Government
  • Doctrine of constitutional supremacy - if a law or contract violates any norm of the constitution that law or contract whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes is null and void and without any force and effect.
  • State - is a community formed by people and exercising permanent power within a specified territory. According to international law, a () is typically defined as being based on the 1933 Montevideo Convention.
  • Territory - It is the fixed section of the earth's surface occupied by the people of the state.
  • ARTICLE 1, SECTION 1 - 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 terrestria, fluvial, maritime p, 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 internal waters of the Philippines.
  • The Philippines is an Archipelago, ARKHON - LEADER, PELAGOS - SEA, or "A SEA FILLED WITH ISLANDS"
  • According to Del Rosario, the 2016 Award under the United Nations Convention on the Law of the Sea (UNCLOS) categorically held that, "under international law, the West Philippine Sea, including Reed Bank, exclusively belongs to Filipinos, and no one else."
  • ITLOS or International Tribunal for the law of the sea - is the specialized international judicial body for the settlement of disputes concerning the interpretation or application of UNCLOS, and for the rendering of advisory opinions. Hon. Tomas Heidar -present president of ITLOS.
  • Straight Baseline Method - a system of straight lines joining specified or discrete points on the low-water line, usually known as straight baseline turning points, which may be used only in localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity.
  • Contiguous Zone - refer to the waters beyond and adjacent to its territorial sea and up to the extent of twenty-four (24) nautical miles from the baselines from which the breadth of the territorial sea is measured.
  • The right of innocent passage - refers to the right of foreign vessels to freely navigate in the territorial sea of another State without conducting activities that prejudice said State's interests.
  • exclusive economic zone or "EEZ" - is an area of the ocean, generally extending 200 nautical miles (230 miles) beyond a nation's territorial sea, within which a coastal nation has jurisdiction over both living and nonliving resources.
  • The Philippines has an exclusive economic zone that covers 2,263,816 square kilometers (874,064 sq mi) of sea. It claims an EEZ of 200 nautical miles (370 km) from its shores. This is due to the 7,641 islands comprising the Philippine archipelago.p
  • Mapa de las islas Filipinas Hecho por el Pedro Murillo de Compa De Jesus (1734) - The oldest geographical representation of the Philippines provides as historical proof to refute China's claim to scarborough shoal.
  • Government - is the state's structure, mechanism, agency, or judicial power that creates, implements, enforces, and interprets its laws. Governance is the third fundamental aspect of a state. The () exercises the sovereign authority of the state.
  • Aristotle's Basic Forms of Government
    • One Ruler - Monarchy - Tyranny
    • Few Rulers - Aristocracy/Republic - Oligarchy/Plutocracy
    • Many Rulers - Direct Democracy - Anarchy
  • Types Monarchy
    1. Absolute Monarchy
    2. constitutional monarchy
  • Absolute Monarchy - was a Government with a sovereign leader who came into power by marriage or offspring; they had complete control with no limitations from constitution or law. They were considered the head of state and head of Government.
  • Constitutional monarchy - in a parliamentary democracy is a hereditary symbolic head of state (who may be an emperor, king or queen, prince or grand duke) who mainly performs representative and civic roles but does not exercise executive or policymaking power.
  • Aristocracy - refers to a government form in which a small, elite ruling class— the aristocrats have power over those in lower socioeconomic strata. Members of the () are usually chosen based on their education, upbringing, and genetic or family history.
  • Oligarchy - is a style of government in which a few individuals wield a great deal of authority, typically in a corrupt or self-serving manner. Plutocracies are oligarchies when the ruling class is either affluent or uses wealth to retain power.
  • Democracy - comes from the Greek words "demos", meaning people, and "kratos" meaning power; so () can be thought of as "power of the people": a way of governing which depends on the will of the people.
  • Pure Democracy - in which the power is exercised directly by the people rather than through representatives.
  • Indirect democracy or representative democracy - is when citizens elect representatives to make laws for them. This is what most modern countries have today. In a (), the ultimate power to decide significant electoral system reforms lies with the people.
  • Unitary state - a system of political organization in which most or all of the governing power resides in a centralized government, in contrast to a federal state.
  • Federal government or systems - political authority is divided between two autonomous sets of governments, one national and the other subnational, both of which operate directly upon the people.
  • Parliamentary system - democratic form of government in which the party (or a coalition of parties) with the greatest representation in the parliament (legislature) forms the government, its leader becoming prime minister or chancellor. Executive functions are exercised by members of the parliament appointed by the prime minister to the cabinet.
  • Presidential form - The separation of the executive and legislative branches is implied by the () of government. It can also indicate that their establishment and tenure in power are distinct. The president is elected by popular vote and often serves as both the head of state and the head of government.
  • De jure government - is the legal, legitimate government of a state and is so recognized by other states.
  • De facto government - is in actual possession of authority and control of the state.
  • Sovereignty - allows it to autonomously set its domestic, international, and defense policies, to join and leave unions, to forge strategic alliances or abstain from doing so, etc.
  • The Philippines are described as a Democratic and Republican state under Article II, Section 1.
  • CONSTITUTION OF GOVERNMENT - These provisions establish the structure of the government:
    • Articles VI-legislative
    • VII-EXECUTIVE
    • VIII-JUDICIAL
    • IX-CONSTITUTIONAL COMMISSIONS
    • X-LOCAL GOVERNMENT
    • AUTONOMY
  • CONSTITUTION OF LIBERTY - Measures that safeguard the fundamental liberties of individuals against state misuse. Articles III-Bill of Rights, IV-Citizenship, XII-National Economy, XIII-Social Justice, XIV-Education, XV-Family, Science and Technology, Culture, Arts, and Sports.
  • Constitution of Sovereignty - These clauses define the mechanism through which the sovereign people may amend the Constitution. Article 2, section 1 sovereignty resides in the people and all government authority emanates from them, Articles V-suffrage, XI-Accountability of Public Officers or Officials, XVII-amendment of Constitution.