5. THE ISSUES OF THE SOCIETY, POLITICS, (1).pptx

Political Issues and Evolution of Philippine Constitution

1. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY

2. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY The following sub-topics: The 1987 Constitution (Best Features and Development); National Territory encompassing the claim for the disputed islands; Special Content in the declaration of state and policies Miranda Rights; Citizenship; Suffrage; Social Justice; Principle of Check and Balance Taxation Agrarian Reform

3. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY The 1987 Constitution (Best Features and Development); Objectives At the end of the lesson the students will be able to: to identify the best features from 1899, 1935, 1973, 1987 Constitution; identify the pro-life and pro-people provision of the declaration of state and policies of the 1987 Constitution Art. II; to identify issues on the disputed islands; Significance of the following provision: Miranda Rights Citizenship Suffrage Social Justice Principle of check and balance (Taxation, Agrarian Reform)

4. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY The 1987 Constitution A Constitution is a body of rules or precedents governing the affairs of a state; It plays a vital role in the political life of the people; Without a constitution the state would definitely be chaotic; The Constitution provides the basic definition of the rights of the people and the mechanisms for the effective operation of the government for the promotion of general welfare and common good;

5. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY 1899 Philippine Constitution – Focuses on Philippine sovereignty and of the ongoing revolution; 1935 Philippine Constitution – Written for the country’s introduction to US Commonwealth; 1973 Philippine Constitution – Written during Martial Law, aimed for the development and introduction of the Prime Minister; 1987 Philippine Constitution – Focused on elevating human and civil rights;

6. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Kinds of Constitution Enacted or Conventional A constitution is drafted and passed by a constituents assembly or granted by a sovereign to the people; Evolved or Cumulative A constitution which is the product of a long history of usage by customs, traditions and judicial decisions rather than by formal or deliberate enactment;

7. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY 3 Essential Parts of the Constitution Constitution of Government This component of the constitution provides the framework for the establishment of government by defining the powers of government and assigning executives, legislative; Constitution of Liberty This part of the constitution specifies the basic rights and freedoms of the people. These liberties serve as the peoples’ protection against the abuses of the government; Constitution of Sovereignty This portion of the constitution stipulates the manner by which the people can exercise the sovereign power to approve, alter and modify the fundamental law of the land;

8. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY The Features of the 1987 Philippine Constitution National Territory Article I Declaration of States and Policies Article II Bill of Rights Article III Citizenship Article IV Suffrage Article V Legislative Article VI Executive Article VII Judicial Article VIII Constitutional Commission Article IX Local Government Article X Accountability of Public Officers Article XI National Economy and Patrimony Article XII Social Justice and Human Rights Article XIII Education, Science and Technology, Arts Culture and Sports Article XIV The Family Article XV The General Provision Article XVI Amendments Article XVII Transitory Provision Article XVIII

9. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Drafting and Ratification of the 1987 Constitution CONASS – CONSTITUTIONAL ASSEMBLY CONCON – CONSTITUTIONAL CONVENTION

10. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Best Features of the 1987 Constitution (Pro-Life Provision) The banning of nuclear weapon ( Article II Sec. 8) The protection of the unborn from the moment of conception (Article II Sec. 12) The strengthening of the solidarity of the family and promoting its goal development (Article XV Sec. 1) The abolition of death penalty (Article III Sec. 19)

11. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Best Features of the 1987 Constitution (Pro-Life) The banning of nuclear weapon ( Article II Sec. 8) The Philippines consistent with the national interest adopts and pursues a policy of freedom from nuclear weapons in its territory .

12. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Best Features of the 1987 Constitution The Protection of the unborn from the moment of conception (Article II Sec. 12) (Pro-Life) The 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.

13. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Best Features of the 1987 Constitution The strengthening of the solidarity of the family and promoting its goal development (Article XV Sec. 1) (Pro-Life) The state recognizes the Filipino family as the foundation of the nation. Accordingly it shall strengthen its solidarity and actively promote its total development.

14. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Best Features of the 1987 Constitution The abolition of death penalty (Article III Sec. 19) (Pro-Life) Excessive fines shall not be imposed nor cruel, degrading or inhuman inflicted. Neither shall death penalty be imposed unless for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death already imposed shall be reduces to reclusion perpetua .

15. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Best Features of the 1987 Constitution (Pro-People) Promotion of a just and dynamic social order (Article II Sec.9) The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services promote full employment a rising standard of living and an improved quality of life for all.

16. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Best Features of the 1987 Constitution Protection and promotion of the right to health (Article II, Sec 15) (Pro-People) The State shall protect and promote the right to health of the people and still health consciousness among them

17. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Best Features of the 1987 Constitution (Pro-People) Protection and Advancement of the right of the people to a balanced and healthful ecology (Article II Sec. 16) 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 .

18. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Best Features of the 1987 Constitution (Pro-People ) Giving priority to people’s education, science, technology, arts. Culture and sports (Article II Sec. 17) The State shall give priority to education, science and technology, arts, culture and sports to foster patriotism and nationalism, accelerate social progress and promote total human liberation and development.

19. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY THE 3 INHERENT POWER OF THE STATE Police Power Taxation Imminent Domain

20. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY The I nherent Rights and Fundamental Powers of the State. Right to Existence It is the right of the state to exist as a sovereign and independent state. Right to Self-Preservation It refers to the right of state to use force against other states that threatens its existence as an independent state. Right to Property and Domain It is the right of a state to claim absolute right to ownership of everything within its territorial jurisdiction Right of Legation It is the right of a state to establish diplomatic ties with other states for political, economic, military or socio-cultural reasons.

21. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Filipino Citizens and their Rights - Civil Rights Natural Rights - Statutory Rights Economic Rights - Political Rights - Right to Association - Right to Just Compensation - Rights to a Person Under Custodial Investigation - Right to Bail - Right to Due Process - Right to Presumption of Innocence

22. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Filipino Citizens and their Rights - Right to be informed of Nature and Cause of Accusation - Rights Against Double Jeopardy - Rights Against Detention Due to Political Belief - Non Suspension of the Privilege of Habeas Corpus - Non Imprisonment Due to Debt - Non Passage of Ex Post Facto and Bill of Attainder

23. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY You are required to memorize the following: Supremacy of the Constitution by Justice Isagani Cruz Social Justice by William vs. Calalang Preamble of the 1987 Philippine Constitution

24. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY ARTICLE I NATIONAL TERRITORY (Territorial Doctrine)

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50. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY DECLARATION OF STATES AND POLICES (ARTICLE II)

51. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Republican Principle ( Art.II Sec.1) The Philippine is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them . Incorporation Clause (Art. II Sec. 2) The Phil. r enounces war as 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 . Labor Provisions (Art. II Sec. 5, 9, 10, 14) SECTION 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. SECTION 9 . The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all . SECTION 10. The State shall promote social justice in all phases of national development. SECTION 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. SECTION 14 . The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

52. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY The Sanctity of the Family and Unborn from conception (Art. II Sec. 12) SECTION 12. 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. Role of the Youth (Art. II Sec. 13) SECTION 13 . The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs . Role of the women (Art. II Sec. 14) SECTION 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. Environmental Policies (Article II Sec. 15) SECTION 15 . The State shall protect and promote the right to health of the people and instill health consciousness among them.

53. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY The Separation of Church and State (Art. II Sec. 6) SECTION 6. The separation of Church and State shall be inviolable . Civil Authority Clause (Art. II Sec. 3) 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. Responsibility of the Filipino Citizens (Art. II Sec. 4) 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 personal military or civil service . Local Government (Art. II Sec. 25 ) SECTION 25. The State shall ensure the autonomy of local governments . Anti-Dynasty (Art. II Sec. 26 ) SECTION 26 . The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law .

54. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY MIRANDA RIGHTS (MIRANDA DOCTRINE)

55. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Miranda Rights (Art. III Sec. 12 par. 1, 2, 3, 4) SECTION 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.

56. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Procedural Doctrine (Art. III Sec. 1 and Sec. 14 par.1 and 2) SECTION 1 . No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. SECTION 14 . (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable .

57. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY CITIZENSHIP ARTICLE IV

58. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Citizenship SECTION 1. The following are citizens of the Philippines: ( 1) Those who are citizens of the Philippines at the time of the adoption of this Constitution; (2) Those whose fathers or mothers are citizens of the Philippines; (3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and (4) Those who are naturalized in accordance with law. SECTION 2 . Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by law. SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it. SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

59. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY SUFFRAGE ARTICLE V

60. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Suffrage SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. SECTION 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

61. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY SOCIAL JUSTICE ARTICLE XIII

62. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY Social Justice SECTION 1 . The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments. SECTION 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance .

63. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY PRINCIPLE OF CHECK AND BALANCES

64. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY PRINCIPLE OF SEPARATION OF POWERS A principle stating that the three (3) main function of the government to execute create and adjudicate the law should be distributed into different branches; These branches must be distinct in terms of function and separate from each other;

65. THE ISSUES OF THE SOCIETY, POLITICS, ECONOMIC AND CULTURE WITHIN PHILIPPINE HISTORY System of Checks and Balances A mechanism to make sure that despite the separation of powers in the government each branch would not abuse its mandated power;