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) RPC 2014

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Page 1: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

Prepared by: Raizza

Corpuz

POLITICS and GOVERNANCE with CONSTITUTION

(Lecture 3)

RPC 2014

Page 2: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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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Page 3: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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

Page 4: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

Boundaries Of The National Boundaries Of The National Territory Of The Territory Of The

PhilippinesPhilippines

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Page 5: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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Page 6: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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

Page 7: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

Article II –

Declaration of Principles and State

PoliciesRPC 2014

Page 8: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

Principles

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Page 9: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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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Page 10: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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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Page 11: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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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Page 12: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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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Page 13: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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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Page 14: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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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Page 15: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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

Page 16: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

Section 2.

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Page 17: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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

Page 18: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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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Page 19: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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

Page 20: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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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Page 21: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

Section 5.

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Page 22: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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

Page 23: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

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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Page 24: PSCN Lecture 3: Constitution Article 1 and 2 ( Section 1-6)

End PRELIMINARY TERM

RPC 2014