This simply means that the Church is not to interfere in purely political matters or temporal aspect of man’s life, and the State will not interfere in matters purely of religion and morals.
* The term “Church” covers all faiths.
* The State shall have no official religion
* The State cannot set up a church, whether or not supported with public funds, nor aid any religion.
Monday, November 23, 2009
Maintenance of Peace and Order, etc. (Sec. 5, Art. II)
Only when peace and order, security, and life of dignity are established and maintained, will political stability and economic prosperity become attainable and the people truly enjoy the blessings of independence and democracy.
Defense of the State by the People Against Foreign Aggression (Sec. 4, Art. II)
For self-preservation and to defend its territorial honor and integrity, the Philippines can engage in a defensive war and as such it may call upon the people to defend the state and may require all citizens to render personal military or civil service.
To Serve and Protect the People as the Prime Duty of the Government (Sec. 4, Art. II)
The prime duty of the state to serve and protect the people is consistent with the basic democratic principle that “government exists for the people and not the people for the government”.
Supremacy of Civilian Authority Over Military Authority (Sec. 3, Art. II)
This is inherent in a republican state like the Philippines and it was impliedly provided in our past constitutions. Because of our experience in martial law rule, however, the framers of our 1987 Constitution deemed it proper to make a clear expression of this policy.
Adherence to the Policy of Peace, Equality, Justice, Freedom, Cooperation and Amity with All Nations (Sec. 2, Art. II)
This shows that the Philippines seeks only peace and friendship with all the countries of the world, regardless of race, creed, ideology and political system, in line with the Charter of the United Nations. The Philippines, however, is not duty bound to extend diplomatic recognition to all nations.
Adoption of international Law as Part of the Law of the Land (Sec. 2, Art. II)
International Law is the body of rules and principles which governs the relations of nations and their respective people in their intercourse with one another.
The Philippines obliged itself to enforce or observe within its territory, the generally accepted principles of international law, whether customary or by treaty provision, as part of the law of the land.
However, should a conflict arise between the customary or treaty provision of the international law and our Constitution, the latter prevails.
The Philippines obliged itself to enforce or observe within its territory, the generally accepted principles of international law, whether customary or by treaty provision, as part of the law of the land.
However, should a conflict arise between the customary or treaty provision of the international law and our Constitution, the latter prevails.
Renunciation of War as an Instrument of National Policy (Sec. 2, Art. II)
The declaration refers only to the renunciation of aggressive war, not war in defense of our national integrity and honor because the right of self-preservation cannot be waived by any state.
Means through which Filipinos Exercise Sovereignty (Sec. 1, Art. II)
1. Directly through suffrage – actual sovereignty is exercised by the people through the electoral process.
2. Indirectly through public officials – sovereignty is exercised by duly elected and appointed public officials who, as public servants, are accountable to the people.
2. Indirectly through public officials – sovereignty is exercised by duly elected and appointed public officials who, as public servants, are accountable to the people.
Manifestations of a Democratic and Republican State (Sec. 1, Art. II)
1. The existence of a bill of rights;
2. The observance of the rule of 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;
5. The observance of the principle of separation of powers and the system of checks and balances;
6. The observance of the principle that the legislature cannot pass irrepealable laws;
7. The observance of the law on public officers; and
8. The observance of the principle that the State cannot be sued without its consent.
2. The observance of the rule of 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;
5. The observance of the principle of separation of powers and the system of checks and balances;
6. The observance of the principle that the legislature cannot pass irrepealable laws;
7. The observance of the law on public officers; and
8. The observance of the principle that the State cannot be sued without its consent.
Democratic and Republican State (Sec. 1, Art. II)
Republican government is a democratic government by representatives chosen by the people at large.
The word “democratic” was added because our government also has some features of a direct democracy such as initiative, referendum, and recall.
The word “democratic” was added because our government also has some features of a direct democracy such as initiative, referendum, and recall.
Sunday, November 1, 2009
The Archipelagic Principle of Territory
An archipelago, like the Philippines, shall be regarded as a single unit, so that the waters around, between, and connecting its islands, irrespective of their breadth and dimensions, form part of the internal waters of the state, and therefore subject to its exclusive sovereignty.
The Archipelagic Principle of Territory is an exception to the 12-mile rule which provides that the territorial sea of a state extends to 12 nautical miles from the low-watermark.
The Archipelagic Principle of Territory is an exception to the 12-mile rule which provides that the territorial sea of a state extends to 12 nautical miles from the low-watermark.
National Territory of the Philippines
1. The Philippine archipelago with all the islands and waters embraced therein;
2. All the territories over which the Philippines has sovereignty or jurisdiction;
3. the terrestrial, fluvial, areail domains including the territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas thereof; and
4. the internal waters.
Archipelago is a group of islands and the sea around that islands which geographically be considered as an independent whole.
The term "all the territories over which the Philippines has sovereignty or jurisdiction" is a cover-all for pending Philippine claim to Sabah, the Spratley islands, and the Marianas islands. The same merely provided for the possibility that said territories might eventually become a part of the Philippines and not settle the question of whether they belong to the Phulippines by historic right or legal title.
The territorial sea is that part of the sea extending 12 nautical miles (19 km.) from the low-watermark. The seabed refers to the land that holds the sea, lying beyondthe seashore, including mineral and natural resources. The subsoil is everything beneath the surface soil and the seabed, including mineral and natural resources. The insular shelves are the submerged portions of a continent or offshore island, which slope gently seaward from the low waterline to a point where a substantial break in grade occurs, at which point of the bottom slopes seaward at a considerable increase in slope until the great ocean depths are reached. Other submarine areas refer to all areas under the territorial sea.
2. All the territories over which the Philippines has sovereignty or jurisdiction;
3. the terrestrial, fluvial, areail domains including the territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas thereof; and
4. the internal waters.
Archipelago is a group of islands and the sea around that islands which geographically be considered as an independent whole.
The term "all the territories over which the Philippines has sovereignty or jurisdiction" is a cover-all for pending Philippine claim to Sabah, the Spratley islands, and the Marianas islands. The same merely provided for the possibility that said territories might eventually become a part of the Philippines and not settle the question of whether they belong to the Phulippines by historic right or legal title.
The territorial sea is that part of the sea extending 12 nautical miles (19 km.) from the low-watermark. The seabed refers to the land that holds the sea, lying beyondthe seashore, including mineral and natural resources. The subsoil is everything beneath the surface soil and the seabed, including mineral and natural resources. The insular shelves are the submerged portions of a continent or offshore island, which slope gently seaward from the low waterline to a point where a substantial break in grade occurs, at which point of the bottom slopes seaward at a considerable increase in slope until the great ocean depths are reached. Other submarine areas refer to all areas under the territorial sea.
Necessity of the Provision on National Territory
1. Binding force of such provision under international law - a State under international law has the unquestioned right to assert jurisdiction throughout the extent of its territory. The delimitation of one's territory, however, is none binding upon other states who are not precluded from claiming title to territories which they think is theirs. In any case, territorial disputes have to be settled according to the rules of international law.
2. Value of provision defining our national territory - the provision is important in order to make known to the world the areas over which we assert title or ownership to avoid future conflicts with other states.
3. Acquisition of other territories - the definition of our national territory on our Constitution does not prevent us from acquiring other territories in the future through any of the means sanctioned by international law.
2. Value of provision defining our national territory - the provision is important in order to make known to the world the areas over which we assert title or ownership to avoid future conflicts with other states.
3. Acquisition of other territories - the definition of our national territory on our Constitution does not prevent us from acquiring other territories in the future through any of the means sanctioned by international law.
National Territory
NATIONAL TERRITORY
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 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. (Section 1, Art. I)
National Purposes and Aims in Adopting the Philippine Contitution as Set Forth in the Preamble
1. To build a just and humane society; and
2. To establish a Government that shall: a.) embody our ideals; b.) promote the common good; c.) conserve and develop our patrimony; and 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.
2. To establish a Government that shall: a.) embody our ideals; b.) promote the common good; c.) conserve and develop our patrimony; and 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.
Meaning and Objective of a Preamble
The term preamble is derived from the Latin preambulare which means to "to walk before". It is an introduction to the main subject. It is the prologue of the Constitution.
A preamble is not a necessary part of a Constitution, but it is always advisable to have one. Majority of the constitutions of the world contain a preamble. The objective of a preamble is to set down origin and purposes of the Constitution and to serve as an aid in its interpretation.
A preamble is not a necessary part of a Constitution, but it is always advisable to have one. Majority of the constitutions of the world contain a preamble. The objective of a preamble is to set down origin and purposes of the Constitution and to serve as an aid in its interpretation.
The Preamble
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.
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