Textbook on the Philippine Constitution.docx

Textbook on the Philippine Constitution Political Science – Systematic study of the state (Country or nation) and government Public Law a. Organization of Governments b. The Limitations upon government authority c. The powers and duties of governmental offices and officers d. The obligation of one state to another are handled in the study of public law Subdivisions of Public law – constitutional law, administrative law and international law. Public administration – In the study of public administration, attention is focused upon the methods and techniques used in the actual management of state affairs by executive, legislative, and judicial branches of government. State – 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. The Philippines is a state. Elements of a state 1. People 2. Territory (Terrestrial, Fluvial, Maritime and Aerial) 3. Government (agency through which the will of the state is formulated, expressed and carried out) 4. Sovereignty (External and Internal) State is a political concept while Nation is an ethnic concept A single state may consist of one or more nations or people and conversely, a single nation may be made up of several states. Nation – is a group of people bound together by certain characteristics such as common social origin, language, customs, and traditions, and who believe that they are one and distinct from others. Constitution – That body of rules and principles in accordance with which the powers of sovereignty are regularly exercised. It occupies the highest level in the hierarchy of laws.

Constitution of the Philippines – Written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people. Nature and purpose or function of constitution: 1. Serves as the supreme or fundamental law 2. Establishes basic framework and underlying principles of government 3. Designed to protect the basic rights of the people Constitutional law – defined as that branch of public law which treats of constitutions, their nature, formation, amendment, and interpretation. Refers to the law embodied in the constitution as well as the principles growing out of the interpretation and application made by courts of the provisions of the constitution. (The law of the constitution lies scattered in thousands of Supreme Court decisions) CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES The 1935 Constitution. (1)Framing and ratification a. Approval on March 24, 1934 by President Franklin D. Roosevelt of the Tydings-McDuffie Law (Philippine Independence Act) with the US Congress authorizing the Philippine Legislature to call a constitutional convention to draft a constitution for the Philippines. b. Approval on May 5, 1934 by the Philippine Legislature of a bill calling a constitutional convention as provided for in the Independence Law c. Approval on March 23, 1935 by President Roosevelt of the constitution submitted to him (2)Limitations and conditions a. The constitution to be drafted should be republican in form b. Should include a Bill of Rights c. Should contain certain provisions intended to define the relations between the Philippines and the United States during the commonwealth period and after the establishment of the Philippine Republic. (3)Sources a. The 1935 constitution of the Philippines did not contain original ideas of government. b. The dominating influence was the Constitution of the United States c. Other sources were consulted by the framers, particularly the 1898 Malolos Constitution and the 3 organic laws that were enforced in the Philippines namely: The Instruction of President William McKinley to the Second Philippine Commission on April 7,

1900; The Philippine Bill of July 1, 1902; and the Jones Law of August 29, 1916. THE 1987 CONSTITUTION Basic Principles underlying the new Constitution Founded upon certain fundamental principles of government which have becomeR part and parcel of our cherished democratic heritage as a people. A knowledge of these principles is, therefore, essential to a proper understanding of our organic law. Among these principles as contained in the new Constitution are the following: 1. Recognition of the aid of almighty God 2. Sovereignty of the people 3. Renunciation of war as an instrument of national policy 4. Supremacy of civilian authority over the military 5. Separation of Church and State 6. Recognition of the importance of the family as a basic social institution and of the vital role of the youth in nation building. 7. Guarantee Human Rights 8. Government through suffrage 9. Separation of powers 10. Independence of the Judiciary 11. Guarantee of local autonomy 12. High sense of public service morality and accountability of public officers 13. Nationalization of natural resources and certain private enterprises affected with public interest 14. Non-suability of the State 15. Rule of Majority; and 16. Government of laws and not of men PREAMBLE (Prologue of the Constitution) We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. Object and value of Preamble. (1)Sets down origin and purposes of the Constitution. The spirit behind the Constitution. a. It tells us who are the authors of the Constitution and for whom it has been promulgated; and

b. It states the general purposes which are intended to be achieved by the Constitution and the government established under it, and certain basic principles underlying the fundamental charter. (2)May serve as an aid in its interpretation. Source of Constitution’s authority. (1)The Filipino People – The Filipino people themselves are the source from which the Constitution comes and being so, it is the supreme law of the land. (2)A sovereign people or nation – The Constitution calls the Filipino people “sovereign”. First person approach consisting of the pronouns “we” and “our” has also been retained instead of the impersonal third person approach. Belief in God stressed. - They recognize the fact that with the help of a personal God to whom they are all accountable, they will be able to achieve the ideals and aspirations to which they are committed, particularly in laying a strong foundation for building a “just and humane society,” which is not possible in a Godless society. In a sense, they acknowledge God as the source of their authority. National purposes and aims in adopting the Constitution. (1)To build a just and humane society (2)To establish a Government that shall: a. Embody our ideals and aspirations b. Promote the common good c. Conserve and develop our patrimony d. Secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace. Changes in the Preamble 1. The Preamble, consisting of 75 words, is one of the world’s longest preambles. It has more then that of the 1973 Constitution. 2. The phrase “Almighty God” replaced “Divine Providence” from the 1935 and 1973 constitution which was considered vague and impersonal. Which was to accommodate some atheists in the 1971 Constitutional convention. 3. Common good is used to refer to all the people in place of “general welfare” which is not as inclusive as it may be interpreted to refer only to the welfare of the greater majority and freedom instead of “liberty” because the latter word does not cover freedom from want, fear, and ignorance. 4. Other amendments are insertion of the following phrases and words: a. To build a just and humane society

b. c. d. e.

The rule of law Aspirations Truth Love

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES Section I. 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. The people have established the government to govern themselves. Its officers from the highest to the lowest are servants of the people and not their masters. - The servants of the people can only exercise the powers delegated to them by the people, who remain as the ultimate source of political power and authority. Manifestations of a democratic and republican state. (1)The existence of a bill of rights (Art. III) (2)The observance of the rule of the majority (3)The observance of the principle that ours is a government of laws, and not of men. (4)The presence of elections through popular will (Art. V) (5)The observance of the principle of separation of powers and the system of checks and balances (6) ARTICLE IV CITIZENSHIP Section I. The following are the citizens of the Philippines: �1) Those who are citizens of the Philippines at the time of the adoption of this Constitution; �2) Those whose fathers or mothers are citizens of the Philippines �3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and �4) Those who are naturalized in accordance with law.

Meaning of citizenship and citizen. (1)Citizenship – a term denoting membership of a citizen in a political society. (2)Citizen – a person having the title of citizenship. He is a member of a democratic community who enjoys full civil and political rights, and is accorded protection inside and outside the territory of the State. General ways of acquiring citizenship. Involuntary method – By birth, because of blood relationship or place of birth; and Voluntary method – By naturalization, except in case of collective naturalization. 2 kinds of citizens: 1. Natural-born 2. Naturalized Citizens by birth 1. Jus sanguinis – Blood relationship is the basis for the acquisition of citizenship under this rule. This is the predominating principle in the Philippines; and 2. Jus soli or jus loci. – Place of birth serves as the basis for acquiring citizenship under this rule. This principle prevails in the United States. The purpose of Section 1 is to protect the status of those who were already citizens at the time the new Constitution took effect. A Filipino citizen under the 1973 constitution who has lost his citizenship at the time of the ratification of the new Constitution is not a citizen of the Philippines. Citizens by blood relationship - A child born of a Filipino citizen is a citizen of the Philippines although illegitimate since the Constitution does not make any distinction. - If the child is born where the rule of jus soli obtains, or the child’s father or mother is an alien whose country follows also the principle of jus sanguinis, it would be a case of dual citizenship. Citizens through election under the 1935 Constitution 1. Under the 1935 Constitution, a child born of a Filipino mother, who was married to a foreigner, is born an alien and remains an alien during his minority until he elects Philippine citizenship on his majority age.

2. Under the 1973 Constitution, he is a citizen under section 1, paragraph 2 thereof, making the children of a female citizen Philippine citizens without having to make an election. 3. Those who had been elected citizenship under the 1935 constitution are to be considered as natural born Filipino citizens under paragraph 3, section 2. Citizens by naturalization - Even those who are not Filipino citizens at birth and who cannot take advantage of the right given to children of Filipino mothers, may become citizens by naturalization. - Section 1, paragraph 4 which declares as citizens of the Philippines “those who are naturalized in accordance with law” possesses great significance. (1)Certain rights and privileges, duties and obligations limited to Filipino citizens. a. Under the Constitution, only qualified citizens can exercise the right of suffrage. b. No person may be elected President or Vice President or member of Congress, or appointed member of any of the Constitutional Commissions, or of the Central Monetary Authority, Ombudsman or his Deputy unless he is a natural-born citizen of the Philippines. (Naturalized citizens and citizens by election are barred by the Constitution.) (2)Constitution nationalistic in character – The constitution is nationalistic in character. Even the Preamble speaks of “our patrimony” and of securing to ourselves and “our posterity” the blessings of independence and democracy. (3)Care in granting or denying privilege of naturalization essential (4)Ideal Policy on naturalization – Only those who have come to love the country, who have integrated themselves into the citizenry, and who can contribute to the development of the nation should be conferred citizenship by naturalization. Meaning of Naturalization - Is the act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship. It implies the renunciation of a former nationality and the fact of entrance to a similar relation towards a new body politic. Nature of Naturalization - An alien does not have a natural, inherent, or vested right to be admitted to citizenship in a state. Citizenship is a matter of grace, favor or privilege which a sovereign government may confer on, or withhold from, an alien or grant to him under such conditions as it

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sees fit without the support of any reason whatsoever. Citizenship in our Republic is always a privilege. In case of doubt concerning the grant of citizenship, such doubt should be resolved in favor of the State and against the applicant for naturalization.

Ways of acquiring citizenship by naturalization. 1. By judgment of court – The Revised Naturalization Act is the present naturalization law. 2. By direct act of the Congress – our law making body simply does an act which confers citizenship on a foreigner 3. By administrative proceedings – aliens born and residing in the Philippines may be granted Philippine citizenship by administrative proceedings before a Special Committee on Naturalization, subject to certain requirements dictated by national security and interest. SECTION 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. Kinds of citizens under the Constitution. They are: 1. Natural-born citizens – They refer to those: a. Who at the moment of their birth are already citizens of the Philippines; and b. does not have to perform any act to acquire his Philippine citizenship. 2. Citizens at the time of the adoption of the new constitution – They refer to those who are considered citizens of the Philippines under the 1973 constitution at the time of the adoption of the New Constitution 3. Citizens through election – Section 1, paragraph 3. They are placed on the level as those born of Filipino mothers on or after January 17, 1973; and 4. Naturalized citizens. – Section 1, paragraph 4. SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by law. Loss of citizenship. A Filipino citizen may lose his citizenship in any of the following ways and/or events: (1)Voluntarily – a. By naturalization in a foreign country

b. By express renunciation of citizenship; c. By subscribing to an oath of allegiance to support the constitution and laws of a foreign country; and d. By rendering service to, or accepting commission in the armed forces of a foreign country (except under certain circumstances); and (2)Involuntarily. – They are: a. By cancellation of his certificate of naturalization by the court; and b. By having been declared by competent authority, a deserter in the Philippine armed forces in time of war. The voluntary loss of one’s citizenship is called “expatriation”, but in times of war, a citizen cannot expatriate himself. Reacquisition of lost Philippine citizenship. (1)By naturalization, provided the applicant possesses none of the disqualifications provided in the naturalization law (2)By repatriation of deserters of the Philippine armed forces and women who lost their citizenship by reason of marriage to an alien, after the termination of their martial status; and (3)By direct act of the Congress of the Philippines. *Repatriation is effected merely taking the necessary oath of allegiance to the Republic of the Philippines and registering the same in the proper civil registry. Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it. Act or omission that they are deemed, under the law, to have renounced their citizenship: a. Subscribing to an oath of allegiance to support the constitution and the laws of a foreign country. When a Filipino woman, who upon marriage to an alien acquires citizenship, will possess two citizenships – Philippine citizenship and that of her husbands. Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. Dual allegiance of citizens - Refers to the continued allegiance of naturalized nationals to their mother country even after they have acquired Filipino citizenship. Which is declared inimical and will be dealt by law. Dual Citizenship

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Refers to the possession of two citizenships by an individual, it arises because our laws cannot control laws of other countries on citizenship (Is there a case where a law in another country contradicts the other) - It may be regulated or restricted by law where it is conducive or could lead to dual allegiance. Retention and reacquisition of citizenship. “Citizenship Retention and re-acquisition Act of 2003” – declares it the policy of the State that all Philippine citizens who become citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of the Act. (1)Retention of Philippine citizenship – Natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are deemed to have reacquired Philippine citizenship upon taking the following oath of allegiance to the Republic. (2)Derivative citizenship – The unmarried child, whether legitimate, illegitimate or adopted, below 18 years old, of those who re-acquire Philippine citizenship upon effectivity of the Act shall be deemed citizens of the Philippines. (3)Civil and political rights and liabilities – a. Those intending to exercise their right of suffrage must meet the requirements under section 1, Article V of the Constitution, R.A. No. 9189, otherwise known as “The Overseas Absentee Voting Act of 2003” b. Those seeking elective public office in the Philippines shall meet the qualifications for holding such public office as required by the constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath; c. Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office. They must renounce their oath of allegiance to the foreign country where they took that oath; d. Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice; and e. The right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who: i. Are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or

ii. Are in active service as commissioned or noncommissioned officers in the armed forces of the country of which they are naturalized citizens.