philippine constitution Flashcards
The government is essential for maintaining public order and safety. It enacts and enforces laws that protect citizens from crimes, ensure justice, and preserve peace. For example, the Philippine National Police (PNP) is responsible for law enforcement, while the military protects the nation from external threats.
Order and Security
Governments provide essential services that individuals and private entities cannot efficiently deliver on their own. These include education, healthcare, infrastructure, transportation, and social services. In the Philippines, public schools, hospitals, and roads are examples of government-provided services.
Public Services
The government plays a vital role in regulating and stimulating the economy. It implements policies that promote economic growth, reduce unemployment, and control inflation. The government also manages public resources and collects taxes to fund development projects. In the Philippines, the government has initiatives to boost agricultural productivity, support small businesses, and attract foreign investment.
Economic Stability and Development
A fundamental purpose of government is to protect the rights and freedoms of its citizens. This includes civil rights, political rights, and human rights. The Philippine Constitution enshrines these rights, and the government ensures their protection through the rule of law.
protection of rights
Governments are necessary to address social inequalities and ensure that all citizens have equal opportunities. This involves implementing policies that promote social justice, such as land reform, labor rights, and welfare programs. In the Philippines, various social protection programs aim to uplift marginalized sectors of society.
social justice and equity
The government fosters a sense by promoting national symbols, values, and history. In the Philippines, Independence Day and other national celebrations reinforce the sense of belonging and pride among Filipinos.
National Unity and Identity
are the population that inhabits the state. In the Philippines, the population consists of diverse ethnic groups, cultures, and religions. The citizens of the country form the primary constituency of the state, and their welfare is the state’s responsibility.
People
refers to the defined geographical area over which the state exercises control. For the Philippines, this includes the archipelago’s 7,641 islands and the surrounding waters, as defined by its constitution and international law, also encompasses the airspace and maritime zones.
Territory
the organization through which the state’s authority is exercised. In the Philippines, operates under a democratic framework, with three main branches: the Executive, Legislative, and Judiciary.
Government
Headed by the President, who is the head of state and government, responsible for implementing and enforcing laws.
Executive
Comprised of the Senate and the House of Representatives, responsible for making laws.
Legislative
Headed by the Supreme Court, responsible for interpreting laws and ensuring justice
Judiciary
3 branches of government
executive, legislative and judiciary
refers to the supreme power of the state to govern itself, free from external control. It encompasses the state’s authority to make decisions, enforce laws, and conduct foreign relations. In the Philippines, vested in the people, as reflected in the democratic processes and the constitution.
Sovereignty
the fundamental law of the land, serving as the supreme legal document that outlines the structure, powers, and limitations of the government, as well as the rights and duties of its citizens. It is the foundation upon which all other laws in the country are based.
The Philippine Constitution
The Philippine Constitution is the highest legal authority in the country. All other laws, executive orders, and judicial decisions must conform to it. If any law or action by the government contradicts the Constitution, it can be declared unconstitutional and therefore invalid.
Supreme Law
The Philippine Constitution is a written document, meaning it is formally documented in a single, organized text. It is also rigid, meaning that it cannot be easily amended or changed. The process of amending the Constitution is intentionally challenging to ensure stability and protect it from frequent or arbitrary changes.
Written and Rigid
where sovereignty resides in the people, and all government authority emanates from them. It ensures that the government is elected by the people and is accountable to them.
Democratic and Republican
The Constitution guarantees a wide range of civil liberties and human rights, including freedom of speech, freedom of religion, the right to due process, and protection from discrimination. These rights are enshrined in the Bill of Rights, which serves as a safeguard against government abuse and overreach.
Protective of Human Rights
The Constitution lays out the framework for the country’s political system, including the separation of powers among the Executive, Legislative, and Judicial branches. This structure is designed to ensure checks and balances, preventing any single branch from becoming too powerful.
Establishes the Structure of Government
The Constitution is the source of all governmental power. It grants and limits the powers of each branch of government, ensuring that all actions taken by public officials are within the bounds of the law.
Foundation of Government Authority
One of the primary functions of the Constitution is to protect the fundamental rights and freedoms of individuals. The Bill of Rights explicitly lists the rights that are inviolable, and the government is obligated to respect and protect these rights.
Protection of Fundamental Rights
The Constitution provides the guidelines for how laws are made in the country. It outlines the process of legislation, from the proposal of bills in Congress to their approval or veto by the President. It also establishes the procedures for amending the Constitution itself.
Framework for Lawmaking
The Constitution empowers the judiciary to review and interpret laws, executive actions, and administrative orders to ensure they comply with the Constitution. The Supreme Court, in particular, has the authority to declare laws or actions unconstitutional, thus nullifying them.
Basis for Judicial Review
The Constitution articulates the national ideals, goals, and principles that guide the Philippines as a nation. This includes the promotion of social justice, the common good, and the protection of national sovereignty. It also emphasizes the importance of education, health, and environmental protection.
Establishes National Ideals and Goals
The Constitution mandates mechanisms for holding public officials accountable for their actions. This includes provisions for impeachment, the declaration of assets and liabilities, and the requirement for government transparency. These measures help prevent corruption and abuse of power.
Ensures Accountability and Transparency
By providing a common legal framework, the Constitution promotes national unity and stability. It serves as a unifying document that all citizens and government officials must adhere to, regardless of political or social differences.
Promotes National Unity and Stability
The Constitution outlines how the Philippines interacts with other countries and international organizations. It defines the powers of the President and Congress in matters of foreign policy, treaties, and defense, ensuring that these actions are consistent with the nation’s sovereignty and interests.
Regulates Foreign Relations
the cornerstone of the country’s legal and political system. It provides the foundation for governance, protects individual rights, ensures the rule of law, and guides the nation toward its aspirations. Without it, the government would lack legitimacy, and the rights of citizens would be at risk.
Philippine Constitution
3 methods by which amendments or revisions can be proposed. These methods are outlined in Article XVII of the 1987 Philippine Constitution
- Constituent Assembly
- Constitutional Convention
- People’s Initiative
The Congress, as a constituent assembly, can propose amendments or revisions
Initiation
This requires a vote of three-fourths (3/4) of all the members of Congress (both the Senate and the House of Representatives) voting separately.
Voting Requirement
Initiation and
Voting Requirement
Constituent Assembly
Initiation: Congress may call for a constitutional convention in two ways:
By a vote of two-thirds (2/3) of all its members.
By a majority vote of all its members, then submitting the question of calling a convention to the electorate in a plebiscite.
Constitutional Convention
Initiation: The people themselves can directly propose amendments through a petition.
People’s Initiative
Requirements: The petition must be signed by at least 12% of the total number of registered voters, with at least 3% of registered voters in each legislative district.
People’s Initiative
Limitations: This method is applicable only for amendments, not for revisions, and is subject to the procedures outlined by law.
People’s Initiative
These methods ensure that any changes to the Constitution undergo rigorous scrutiny, whether through representatives or directly by the people.
Approval Process
Regardless of the method used to propose an amendment or revision, it must be ratified by a majority of the votes cast in a national plebiscite, which is held not earlier than 60 days or later than 90 days after the approval of the proposal by Congress or the Constitutional Convention, or after the certification by the Commission on Elections of the sufficiency of the petition for a People’s Initiative.
Approval Process
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 terrestrial, fluvial 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 the internal waters of the Philippines.
ARTICLE I
NATIONAL TERRITORY
is necessary for ensuring that the country’s sovereignty, territorial integrity, and national interests are protected and promoted. It serves as the foundation for the Philippines’ domestic governance and international relations, providing legal clarity and supporting the country’s historical and cultural identity.
The constitutional provision on the National Territory of the Philippines
The definition of national territory asserts the country’s sovereignty over its land, waters, and airspace. This establishes the extent of the Philippine government’s authority and jurisdiction, both domestically and internationally. It is essential for protecting the country’s resources and ensuring that laws and policies apply within clearly defined boundaries.
- Sovereignty and Jurisdiction
The provision ensures that the country’s territorial integrity is maintained and defended. It provides a legal basis for asserting and protecting the Philippines’ territorial claims, especially in disputes or negotiations with other countries. For instance, the constitutional reference to the “archipelago” includes not only the islands but also the waters within and between them, supporting the country’s stance in maritime disputes, like those in the West Philippine Sea.
- Territorial Integrity
Clearly defining the national territory helps the Philippines interact with other nations and international bodies. It is essential in diplomatic negotiations, treaties, and agreements involving territorial issues. For example, when establishing maritime boundaries or Exclusive Economic Zones (EEZs) with neighboring countries, the constitutional definition serves as a reference point.
- International Relations
The provision provides clarity and consistency in the application of the Constitution and laws. By specifying what constitutes the national territory, it ensures that there is no ambiguity about where the laws of the Philippines apply. This is particularly important in areas such as environmental protection, resource management, and national security.
- Legal and Constitutional Clarity
The inclusion of the national territory in the Constitution reflects the country’s historical and cultural identity. It acknowledges the significance of the archipelago, the ancestral lands, and the waters that have been integral to the Filipino people for centuries. It also reaffirms the historical claims over territories that have been part of the Philippines since its independence.
- Cultural and Historical Identity
The constitutional provision on national territory is fundamental to national defense planning and strategy. By clearly defining the boundaries, the government can better defend against external threats, monitor the entry and exit of foreign vessels or aircraft, and protect the nation’s resources from illegal exploitation.
- National Defense and Security
This clause underscores a fundamental principle of Philippine democracy. The separation of Church and State means that the government cannot favor any religion or religious institution, nor can it use public funds to support any religious activity. Likewise, religious groups are not allowed to control or unduly influence governmental functions or decision-making processes.
“The separation of Church and State shall be inviolable.”
“The separation of Church and State shall be inviolable.”
Article II, Section 6 of the 1987 Constitution states
emphasizes that this separation is absolute and must be upheld at all times, protecting both religious freedom and ensuring that governance remains secular. It is intended to prevent conflicts and promote harmony in a religiously diverse society like the Philippines.
The term “inviolable”
“The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the government.”
Article II, Section 12 of the 1987 Constitution of the Philippines states:
This provision emphasizes the importance of the family as the fundamental unit of society and commits the state to support and protect the integrity and autonomy of family life. It acknowledges the family’s essential role in nurturing and educating the youth, ensuring that the government respects and upholds the rights and responsibilities of parents in raising their children.
Article II, Section 12 of the 1987 Constitution of the Philippines states:
The phrase “It shall equally protect the life of the mother and the life of the unborn from conception” is part of Article II, Section 12 of the 1987 Philippine Constitution.
Article II, Section 12 of the 1987 Constitution of the Philippines states:
“The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”
Article II, Section 16 of the 1987 Constitution of the Philippines states:
This provision recognizes the right of every Filipino to live in an environment that is balanced, healthful, and sustainable. It places a duty on the State to actively protect, conserve, and promote ecological health. This includes measures to ensure sustainable development, prevent environmental degradation, promote environmental conservation, and address issues such as pollution, deforestation, and climate change.
Article II, Section 16 of the 1987 Constitution of the Philippines states:
