pscn lecture 3: constitution article 1 and 2 ( section 1-6)
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Prepared by: Raizza
Corpuz
POLITICS and GOVERNANCE with CONSTITUTION
(Lecture 3)
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Article 1, Section 1: National Territory
Archipelago-is defined as a sea or part of a sea studded with islands, often synonymous with island groups, or as a large group of islands in an extensive body of water, such as sea (De Leon, 1991).
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The Archipelagic Principle/DoctrineSen. Tolentino pointed out, “the archipelagic principle is important to the Philippines for two reasons: national security and exploitation of the living and mineral resources of the waters, seabed and subsoil thereof, in the baselines.” The Philippines bolstered the archipelagic principle in defining its territory when it included in Article 1 of the 1987 Constitution the following:"The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein xxx"; and
"The waters around, between and connecting the islands of the archipelago, regardless of their dimensions, form part of the internal waters of the Philippines."RPC 2014
Boundaries Of The National Boundaries Of The National Territory Of The Territory Of The
PhilippinesPhilippines
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The process of determining the boundaries of the Philippines is based on the Archepelagic Doctrine. The traditional boundary of a 3-nautical-mile (12 nautical mile rule) limitation in the primary directions –north, south, east, and west-is not an appropriate basis in determining the boundaries of the Philippines. Because the Philippines is an Archipelago, it has a wide maritime territory and long coastlines. RPC 2014
Article II –
Declaration of Principles and State
PoliciesRPC 2014
Principles
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SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
A democratic and republican state.-States that the Philippines is a democratic
state.
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Section 1.
Manifestations of a democratic and republican state.
The observance of the rule of the majority. The observance of the principle that ours is a government of laws, and not of men. The presence of elections through popular will. The observance of the principle of separation of powers and the system of checks and balances. The observance of the principle that the legislature cannot pass irreparable laws. The observance of the law on public officers . The observance of the principle that the State cannot be sued without its consents.
The existence of a bill of rights.
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Section 1.
Sovereignty of the People- Sovereignty is the supreme power to govern. It lies in the hands of the Filipino people
who have the right to choose the type of government they want and to define the powers it shall hold and exercise.
It is their right to abolish their government and form a new one and organize it in such form as seems to them best for their welfare and happiness.
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Section 1.• Sovereignty is exercised indirectly
Through public officials elected by the people.
Officials appointed by the elected officials.• Sovereignty is exercised directly
Suffrage.People’s Participation1.Multi-Party System2.Party-list system3.People’s Organization4.System of Initiative and Referendum5.Plebiscite
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SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.Renunciation of war as instrument of national
policy.• Philippines cannot declare war on another country• The country can only declare an existing state of
war an act of defense
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Section 2.Adoption of the generally accepted
principles of international law as part of the country’s own law
• International law-body of rules and principles which govern s the relations of nations and their respective peoples in their intercourse with one another.
• “Doctrine of Incorporation”-the commitment of the state to international laws
When international usage to be appliedA treaty has force of a statute Constitution prevails over a treaty
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Section 2.Adherence to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
• Philippines seek peace and unity with the neighboring countries all over the world regardless of race, ideology, and political system on the basis of mutual trust, respect and cooperation. It supports the rights of other countries in terms of equality, freedom and justice in their relations with one another and the policies of peaceful negotiations, and opposes the use of force, threat of force, in the relations with other countries.RPC 2014
Section 2.
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SECTION 3. Civilian authority is at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.
Supremacy of the Civilian AuthorityThe President is the commander-in-chief of the
armed forces of the Philippines, The army, the navy, the air force, and the
marines. The appointment of the high ranking officials
is vested in the President.RPC 2014
Section 3.Armed Forces: Protector of the State• Armed Forces of the Philippines (AFP)• Its goals is to discharge the function of being
the protector of:The sovereignty of the StateIntegrity of our National Territory
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SECTION 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render person military or civil service.1. Economic Development2. Unemployment3. Mass Poverty4. The government exists for the people5. Defense of the State as the prime duties of
the citizen.RPC 2014
SECTION 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.Peace and Order• Duty of the government to maintain peace
and order.Through making lawsEnforcing lawsPromote the general welfare
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Section 5.
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SECTION 6. The Separation of Church and State are inviolable.
• The government shall not favor any religion, support them using public funds ,or even establish or set up a church.
• The Church should not get involved in political issues or matters.
ESTABLISHMENT OF RELIGION CLAUSE• The State shall have no official religion.• The State cannot set up a church.• Everyone has the freedom to profess their
belief or disbelief in any religion.RPC 2014
Section 6.• Every religious minister is free to practice his
calling.• The State cannot punish a person for
entertaining or professing religious beliefs or disbeliefs.
• The command that Church and the state be separate does not mean hostility towards religion .
PreambleOther provisions/laws
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End PRELIMINARY TERM
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