Escolar Documentos
Profissional Documentos
Cultura Documentos
! Prior to it, the European medieval organization of political authority was based on the
hierarchical religious order.
! ... rulers or the legal sovereign had no internal equals within a defined territory and no
external superiors as the ultimate authority within the territorys sovereign borders
! Westphalia gave rise to independent nation state, the institutionalization of diplomacies and
armies
! Police Power
! Eminent Domain ! Taxation
People
! This refers to the large numbers of inhabitants living within the state.
Territory
! This includes the land over which the state exercises control
! It also includes the rivers and lakes therein, certain areas of the sea which borders on its coasts
and the air space above them.
Government
! This refers to the agency through which the will of the state is formulated, expressed and carried
out.
Sovereignty
! The supreme power of the state to command and enforce obedience from its people as
well as to have freedom from foreign control
! *It could be manifested internally through its freedom to rule within its territory
! *Externally through its freedom to carry out its activities without control by other states.
! Legal
! power to issue final commands / ! Supreme law making powers
! Political
! Power behind the legal sovereign ! Electorate
! Internal ! External
ORIGIN OF STATES
ORIGIN OF STATES
family
STATE VS NATION
! Ethnic concept
! The government is only THE AGENCY through which the state expresses its will.
! A state cannot exist without the government, but it is possible to have a government
without the state.
! Consequence of absence
FORMS OF GOVERNMENT
! Aristocracy
FORMS OF GOVERNMENT
! Unitary ! Federal
FORMS OF GOVERNMENT
! Relationship between the executive and the legislative branches of the government.
! Presidential
! Parliamentary
! Unit of Government
! BARANGAY virtually a state ! Confederations
! Datu
! Chief executive, judge and military head
SPANISH COLONIZATION
! Highly centralized
! 1521 to 1821
! Governed by the King of Spain through Mexico
! 1821 to 1898
SPANISH COLONIZATION
! Cities governed under special charters were also created . Each had an ayuntamiento or cabildo
(city council) Cebu and Manila
! Governor General
! Executive, administrative, legislative and judicial
powers.
! Captain General Commander in Chief ! Vice Royal Patrons religious powers ! Assisted by
boards
SPANISH COLONIZATION
! Territorial Audencias, 1893 (Cebu and Vigan) exercised appelate jurisdiction over criminal
cases.
! Special courts were also established military and naval courts, ecclesiastical court,
treasury and commercial courts.
SPANISH COLONIZATION
! Negative
! Defective, inefficient, corrupt
! Government for the interest of the Spaniards ! Denial of the equality before the law
KATIPUNAN GOVERNMENT
! Secret society, organized by Andres Bonifacio signed the covenant on July 7, 1892.
! Aim was the separation of the Philippines of the Philippines from the Spanish monarchy
and the formation of an independent state
! Dictatorial Government (May 23 June 12, 1898) ! Proclamation of the Philippine
Independence at Kawit,
Cavite
! Reorganization of local governments
! to struggle for the independence of the Philippines, until all nations including Spain will
expressly recognize it
! Malolos Congress ratified on Sept. 29, 1898 the proclamation of the Philippine
Independence
! Military Government
! Military Government
st
! 1 American Military Governor: General Wesley Merrit, Otis, MacArthur
! Civil Government
! July 4, 1901
! 1907 1916 Philippine Commission (upper house), Philippine Assembly (lower house)
! Philippines was represented by 2 Resident Commissioners but without the right to vote.
! Civil Government
! Taft Wright Frank Murphy
! Pursuant to the provisions of Tydings McDuffie Law which provided for a transition period
of ten years July 4, 1946 proclamation of independence
! 1935 Constitution
! Manuel L. Quezon and Sergio Osmena
JAPANESE OCCUPATION
! Exercised both the executive and legislative powers subject to the approval of the
Commander in Chief of the Japanese Forces
PHILIPPINE REPUBLIC
! Fourth Republic June 30, 1981 / Under the 1973 Constitution / Modified the
parliamentary system of government
! Proclamation No. 1: taking power in the name and by the will of the Filipino people
! President Aquino swore to preserve and defend the fundamental law and execute just laws
! Revolutionary
! It was instituted not in accordance with the procedure
provided
! Direct action of the people
! De jure / de facto
! De jure according to law
! De facto has the general support of the people
! A de facto government acquires a de jure status when it gains wide acceptance from the people
and recognition from the community of nations.
! Powers unlimited
CONCEPT OF CONSTITUTION
NATURE OF LAW
! Set of rules and norms and a standard of pattern of behavior to which every individual of the
society conforms
! Set of rules, principles, standards and processes enacted by the state and govern the relationships
and regulate the conduct of men in an organized society.
POSITIVE LAW
! Positive laws may be promulgated, passed, adopted, or otherwise "posited" by an official or entity
vested with authority by the government to prescribe the rules and regulations for a particular
community.
! Positive law refers to the will and commands of the state which are hereby enforced by its
sovereign political authority.
FORMS OF LAW
! Constitution
! Statutes
! Decrees, orders and proclamations ! Judicial decisions
! Ordinances
! International Law
! Positivist School examination and analysis of the legal system, greatest happiness
! Legislation
! Ordinances
! Judicial Decisions or Precedents
! Treaties
! Constitution
! Executive Orders and Proclamation
MEANING OF CONSTITUTION
! that body of rules and principles in accordance with which powers of sovereignty are regularly
exercised
! 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
several departments or branches for their safe and useful exercise for the benefit of the people
! Primarily designed to preserve and protect the rights of individuals against the arbitrary
actions of those in authority
! May be defined as that branch of public law which treats of constitutions, their nature,
formation, amendment and interpretation.
KINDS OF CONSTITUTIONS
! As to their origin and history Conventional / Enacted
Cumulative or evolved
Flexible
! Difficulty in amending it
! As to contents
Constitution of government
Constitution of liberty
! Fundamental rights of the people; limitations of
government
Constitution of sovereignty
existing conditions
existed at all.
! Written in Spanish
! Declared that sovereignty resides exclusively in the people
1935 CONSTITUTION
PHILIPPINE INDEPENDENCE ACT (enacted by the US Congress calling for a constitutional
convention
Should contain certain provisions intended to define Philippine US relations during the
Commonwealth and the Republic
! Sources
nd
Constitution of the US, Malolos Constitution, McKinley Instruction to the 2 Philippine Commission,
Philippine Bill, Jones Law
! Amendments: 3 times
Bicameral
Reeligibility of the President and Vice President for a second four year term of office.
Parity Amendment gave the Americans equal right with the Filipinos in the exploitation of the
natural resources and the operation of public utilities.
1973 CONSTITUTION
Congress in joint session passed Resolution of Both Houses authorizing the holding of a
Constitutional Convention in 1971
Constitutional Convention
Proclamation 1081
1973 CONSTITUTION
! Amendments 4 times
Making the then incumbent President, the regular
Permitting natural born citizens who have lost their citizenship to be transferees of private land
for use by them as residence.
Allowing the grant of lands of the public domain to qualified citizens.
! An appointive body is susceptible to the charge of lack of independence and the suspicion of
pressure and even manipulation by the appointing power.
Ratification
PROOK OF EFFECTIVITY
! Act of ratification
Act of voting of the people
! Canvassing of votes and proclamation of the president are just confirmation of the peoples
ratification of the constitution expressed on February 2, 1987
! Recognition of the family as a basic social institution and of the vital role of the youth in
nation building.
! Separation of powers
! Nationalization of natural resources and certain private enterprises affected with public
interest
RULE OF MAJORITY
! Majority vote
Senate President and the Speaker of the House
Grant of amnesty
Grant of tax exemptions
Tie of President and Vice President
! Three Fourths
Amendment of revision of the Constitution
! Decisions of the Supreme Court en banc have to be concurred to by a majority of the members
who actually took part in the deliberation.