The Philippine Constitution and

Government

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WHAT IS A GOVERNMENT?

It is the organization or agency through which the state expresses and enforces its will.

It is the organization that directs or controls the affairs of the state.

Our Constitution requires our government to be democratic and republican.

Section 1, Art II. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

What kind of government does the Philippines have?

What does it mean to be Democratic but Republican?

REPUBLICAN It is one wherein all government

authority emanates from the people and is exercised by representatives chosen by the people.

DEMOCRATIC This emphasizes that the Philippines

has some aspects of direct democracy such as initiative and referendum.

What is a Constitution?

It is the fundamental, paramount, and supreme law of the nation.

It is a social contract that binds, by its terms and conditions, the people and their government in a civil society.

Development of the Philippine Constitution

Malolos Constitution

1935 Constitution

1973 Constitution

1987 Constitution

First Philippine Constitution

Commonwealth Constitution

Bagong Lipunan

Freedom Constitution

Why do we need Constitution?

To define the organization of the government. To determine the distribution of government

powers. To establish principles governing the

operation of the government. To define the rights of individual citizens. To hold the state together.

What are the divisions of our present Constitution?

Preamble Organization of the Nation and State Bill of Rights Organization of the Government Provisions for amendments and transition.

What is the Preamble?

Derived from the Latin word “preambulare” which means “to walk before”.

It is the prologue of the Constitution and introduces its’ origin and purpose.

Preamble

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.

According to the Preamble:

Who is the author of the Constitution? - xxx the Filipino people

What is the purpose of the Constitution? - “xxx to build a just and humane society and establish a

Government that shall embody our ideals and aspirations, promote the common good, xxx under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, xxx”

What kind of country is the Philippines according to our present Constitution?

“xxx a democratic and republican State. Sovereignty resides in the people …. “ Art. II Sec. 1

“xxx renounces war as an instrument of national policy….” Art. II Sec. 2

“Civilian authority is, at all times, supreme over the military.” Art. II Sec. 3

“The prime duty of the Government is to serve and protect the people.” Art. II Sec. 4.

“xxx separation of Church and State….” Art. II Sec 6.

What is the Bill of Rights?

It is the declaration of the individual rights which the Constitution is designed to protect.

What are the rights of the people according to our constitution?

Right to life – to live free from unjustifiable control

Right to liberty – to choose one’s mode of living.

Right to property – to own, use, transmit or destroy one’s property.

Right to privacy – to be free from unwarranted publicity.

What are the rights of the people according to our constitution?

Freedom of speech – to express one’s feelings.

Freedom of religion – to worship God and practice his own religion.

Due Process

““No person shall be deprived of life , liberty, or No person shall be deprived of life , liberty, or property without property without due process of lawdue process of law, nor shall , nor shall any person be denied the equal protection of any person be denied the equal protection of

the laws.”the laws.”

Article III, Sec 1 of 1987 Constitution

Due process has two aspects:Due process has two aspects:

1.1. ProceduralProcedural which requires the which requires the observance of prescribed methods.observance of prescribed methods.

2.2. SubstantiveSubstantive which guarantees that the which guarantees that the person conducting the trial has person conducting the trial has acquired proper jurisdictionacquired proper jurisdiction..

• It requires the intrinsic validity of the law in interfering with the rights of the person to his life, liberty or property.

What is the right to life?

The right to life is the right to GOOD life. The The right to life is the right to GOOD life. The emphasis on the quality of living is found in emphasis on the quality of living is found in Article II where Sec. 6 commands the State Article II where Sec. 6 commands the State to promote a life of “to promote a life of “dignitydignity” and where Sec 7 ” and where Sec 7 guarantees “guarantees “a descent standard of livinga descent standard of living.”.”

What is the right to property?

Property includes all kinds of property found Property includes all kinds of property found in the Civil Code. It also includes the right to in the Civil Code. It also includes the right to work and the right to earn a living.work and the right to earn a living.

Due process of law contemplates notice and Due process of law contemplates notice and opportunity to be heardopportunity to be heard before judgment is before judgment is rendered, affecting one’s person and rendered, affecting one’s person and property.property.

(Daniel Webster, Dartmouth College case)(Daniel Webster, Dartmouth College case)

The strength of democracy lies not in the rights it guarantees but in the courage of the people to invoke them whenever they are ignored or violated. Rights are but weapons on the wall if, xxx all they do is embellish and impress. Rights, as weapons, must be a promise of protection. They become truly meaningful, and fulfill the role assigned to them in the free society, if they are kept bright and sharp with use by those who are not afraid to assert them.

KUNG WALANG MAREREKLAMO, WALANG MABIBISTO.

Advanced Consti #2

Ynot case

The petitioner had transported six carabaos in a pump boat from Masbate to Iloilo on January 13, 1984, when they were confiscated by the police station commander of Barotac Nuevo, Iloilo. The petitioner sued for recovery, and the Regional Trial Court of Iloilo City issued a writ of replevin upon his filing of a supersedeas bond of P12,000.00. After considering the merits of the case, the court sustained the confiscation of the carabaos and, since they could no longer be produced, ordered the confiscation of the bond.

Advanced Consti #2

Ynot case

RULING: Due process is violated because the owner of the property confiscated is denied the right to be heard in his defense and is immediately condemned and punished. The conferment on the administrative authorities of the power to adjudge the guilt of the supposed offender is a clear encroachment on judicial functions and militates against the doctrine of separation of powers. xxx For these reasons, we hereby declare Executive Order No. 626-A unconstitutional

EVELYN CHUA-QUA, vs. TAY TUNG HIGH SCHOOL, INC., G.R. No. 49549 August 30, 1990

Tay Tung High School, Inc. is an educational institution in Bacolod City. Petitioner had been employed therein as a teacher since 1963 and in 1976, the class adviser in the sixth grade of Bobby Qua. In the course thereof, the couple fell in love and on December 24, 1975, they got married in a civil ceremony.

In February 4, 1976, private respondent filed an application for clearance to terminate the employment of petitioner on the following ground: "For abusive and unethical conduct unbecoming of a dignified school teacher ….“ As a result thereof, the petitioner was placed under suspension without pay. Petitioner contended that there was nothing immoral, for a teacher to enter into lawful wedlock with her student.

ISSUE:

Whether or not the marriage between petitioner and her student constitute immorality and/or grave misconduct.

RULING:

The Supreme Court ruled that there is no substantial evidence of the imputed immoral acts. It follows that the alleged violation of the Code of Ethics governing school teachers would have no basis. The deviation of the circumstances of their marriage from the usual societal pattern cannot be considered as a defiance of contemporary social mores.

In the hierarchy of civil liberties, the rights of In the hierarchy of civil liberties, the rights of free expressionfree expression and of and of assemblyassembly occupy a occupy a preferred position as they are essential to the preferred position as they are essential to the preservation and vitality of our civil and preservation and vitality of our civil and political institutions.political institutions.

A municipal ordinance requiring A municipal ordinance requiring all laundry establishments to issue all laundry establishments to issue their receipts in English or their receipts in English or Spanish.Spanish.

Is it oppressive to Chinese Is it oppressive to Chinese nationals who did not know any of nationals who did not know any of the prescribed languages and the prescribed languages and would have to employ more help would have to employ more help and added expenses in order to and added expenses in order to comply with the requirement?comply with the requirement?

No.No. The Supreme Court sustained The Supreme Court sustained the measure, noting that it was the measure, noting that it was intended to protect the public from intended to protect the public from deceptions and misunderstandings deceptions and misunderstandings that might arise from their that might arise from their accepting receipts in Chinese accepting receipts in Chinese characters that they did not characters that they did not understand.understand.

(Kwong Sing vs. City of Manila,(Kwong Sing vs. City of Manila,

41 Phil 103)41 Phil 103)

PENALTY imposed without DUE PROCESS PENALTY imposed without DUE PROCESS is INVALID.is INVALID.

Cardinal Primary RightsCardinal Primary Rights(Ang Tibay vs. CIR)(Ang Tibay vs. CIR)REQUIREMENTS REQUIREMENTS

1. Notice 1. Notice 2. Opportunity to be heard2. Opportunity to be heard3. Access to evidence against him3. Access to evidence against him4. Right to adduce evidence4. Right to adduce evidence5. Appropriate tribunal constituted as to 5. Appropriate tribunal constituted as to

afford a person charged honesty and afford a person charged honesty and impartiality.impartiality.

(Fabella vs. CA)(Fabella vs. CA)

However, Disciplinary case in school is However, Disciplinary case in school is not subject to rigorous requirements of not subject to rigorous requirements of criminal due process particularly with criminal due process particularly with respect to specification of the charge respect to specification of the charge involved.involved.

In ADMU vs. CAPULONG (In ADMU vs. CAPULONG (G.R. No. G.R. No. 99327 May 27, 1993)99327 May 27, 1993) “cases involving “cases involving students need not necessarily include students need not necessarily include the right to cross examination.the right to cross examination.

In Diosdado Guzman vs. NU (L-68288, July 11, In Diosdado Guzman vs. NU (L-68288, July 11, 1986 142 SCRA 699), The SC dictated the 1986 142 SCRA 699), The SC dictated the minimum requirements of DUE PROCESSminimum requirements of DUE PROCESS

(1) the students must be informed in writing of (1) the students must be informed in writing of the nature and cause of any accusation the nature and cause of any accusation against them; against them;

(2) that they shall have the right to answer the (2) that they shall have the right to answer the charges against them with the assistance of charges against them with the assistance of counsel, if desired: counsel, if desired:

(3) they shall be informed of the evidence (3) they shall be informed of the evidence against them;against them;

(4) they shall have the right to adduce (4) they shall have the right to adduce evidence in their own behalf; andevidence in their own behalf; and

(5) the evidence must be duly considered by (5) the evidence must be duly considered by the investigating committee or official the investigating committee or official designated by the school authorities to hear designated by the school authorities to hear and decide the case.and decide the case.

MIRIAM COLLEGE FOUNDATION, INC.vs. HON. COURT OF APPEALS, (G.R. No. 127930,  December 15, 2000)

College Students of Immaculate College published a short story and poems in the school newspaper. In the poem “Virgin Writes Erotic”, the last verse said: “At zenith I pull it out and find myself alone in this fantasy.” The school administrator considered it as obscene and sexually explicit publication. The students were either suspended or dismissed from school. They, however, argued that under RA 7079 (Development and Promotion of School Journalism) a student cannot be penalized solely because of an article written in a student publication. Was the contention of students valid?

NO. The school not only has the right but the duty to develop discipline in its students. The Constitution no less imposes such duty. All educational institutions shall xxx develop moral character and personal discipline. (Art. XIV Sec. 3 (1-2). “The right of the students to free speech in school premises, xxxx, is not absolute xxxx in light of the special characteristics of the school environment. The power of the school to investigate is an adjunct of its power to suspend or expel.  It is a necessary corollary to the enforcement of rules and regulations and the maintenance of a safe and orderly educational environment conducive to learning, xxx is an inherent part of the academic freedom of institutions of higher learning guaranteed by the Constitution xxx and has the authority to hear and decide the cases filed against respondent students.

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