The Preamble introduces the Constitution, identifies the author and the purposes of the fundamental law and aids the authorities in the interpretation of the Constitution since it lays down the visions of the government. The Preamble reads:
“
Preamble
We, the sovereign Filipino people, imploring the aid of the 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.
”
The Constitution is divided into 18 parts (excluding the Preamble) which are called Articles.
Article I - National Territory
Specifies that the Philippines is an archipelago, the Philippines territory consist of the islands and waters embraced therein, all other territories which the Philippines has sovereignty or jurisdiction, and the terrestrial, fluvial and aerial domains including the territorial sea, the seabed, the subsoil, the insular shelves and other submarine areas.
Article II - Declaration of Principles and State Policies
Sets down basic social and political creed of the country. particularly the implementation of the constitution, Set fort the objectives of the government, provide the interpretation of specific provisons of the fundamental law and help court in its decisions. Some of its provisions are
Philippines is a Democratic and Republican State (Section 1)
Renuciation of War (Section 2)
Supremacy of Civilian Authority (Section 3)
Services to be rendered by the Citizens (Section 4)
Seperation of Church and State (Section 6)
Independent Philippine Foreign Poicy (Section 7)
Freedom from Nuclear Weapon {Section 8)
Just and Dynamic Social order and Social Justice (Section 9 and 10)
Family as the Basic Autonumous Unit (Section 12)
Role of the Youth and Women in Nation-Building (Section 13 and 14)
The affirmation of labor "as a primary social economic force" (Section 14)
Article III - Bill of Rights
Enumerates the specific protections against State power. Many of these guarantees are similar to those provided in the American constitution and other democratic constitutions, including the: due process and equal protection clause
The right against unwarranted searches and seizures
The right to free speech and the free exercise of religion,
The right against self-incrimination
The right to habeas corpus.
The scope and limitations to these rights have largely been determined by Philippine Supreme Court decisions.
Article IV - Citizenship
Enumerates the citizenship of the Fiipinos, their are two kinds of citizens, namely:
Natural-born citizens - Citizens of the Philippines from birth and have the right to vote and right to run for public office.
Naturalized citizens - Foreigners who acquire, voluntarily or by operation of law, the citizenship of the Philippines
Article V - Suffrage
Specifies the qualification and right to vote by citizen, It also enumerates the system and secrecy of the ballot and absentee voting, and procedure to the disabled and the illiterates to vote.
Article VI- The Legislative Department
Enumerates the composition, qualification and term of office and function of the Senators and representatives. It also specifies the organization, procedure, election and leadership of officials and process of making law. Some of the power of Congress includes:
Power of investigation or inquiry in aid of legislation (Section 21)
Power to declare the existence of a State of war (Section 26)
Fiscal power (Section 25)
Inherent power:Police power (Section 1), Power of taxation (Section 28), and power of eminent domain (Section 9)
Article VII - Executive Department
The Philippines is a presidential system of government, The executive power is vested to the President, assisted by Vice president and heads of executive departments. The Article VII explains the qualification, term of office, election, power and functions of the officials within the executive branch. It also specifies the presidential line of succession.
Article VIII - Judicial Department
The power of interpretation and application of the law was entrusted to the Judicial branch. the Supreme Court occupies the highest judicial hierarchy,It has a jurisdiction over the lower courts that are part of the judicial branch. The article VIII enumerates the qualification, tenure, power and functions of courts within the Judicial department, including the organization of Judicial and Bar council.
Article IX - Constitutional Commission
Enumerates the qualification, tenure, power and functions and composition of three Constitutional commission. which includes the following:
Civil Service Commission
Commission on Election (COMELEC)
Commission on Audit
Article X - Local Government
The Constitution also establishes limited political autonomy to the local government units that act as the municipal governments for provinces, cities, municipalities, and barangays. Local governments are generally considered as falling under the executive branch, yet local legislation requires enactment by duly elected local legislative bodies. The Constitution mandated that the Congress would enact a Local Government Code. The Congress duly enacted Republic Act No. 7160, The Local Government Code of 1991.
Article XI - Accountability of Public Officers
Explains that the position entrusted by he people to the government officials are public in nature. the government position should be taken care of at all times. It specifies the process and grounds for Impeachment of the public officials. It also creates and describe the Office of the Ombudsman.
Article XII - National Economy and Patrimony
Article XIII - Social Justice and Human Rights
Article XIV - Education, Science and Technology, Arts, Culture and Sports
Article XV - The Family
Article XVI - General Provisions
Article XVII - Amendments or Revisions
Article XVIII - Transitory Provisions
The Constitution also contains several other provisions enumerating various state policies including, i.e., the affirmation of labor "as a primary social economic force" (Section 14, Article II); the equal protection of "the life of the mother and the life of the unborn from conception" (Section 12, Article II); the "Filipino family as the foundation of the nation" (Article XV, Section 1); the recognition of Filipino as "the national language of the Philippines" (Section 6, Article XVI), and even a requirement that "all educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors." (Section 19.1, Article XIV) Whether these provisions may, by themselves, be the source of enforceable rights without accompanying legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court. The Court, for example, has ruled that a provision requiring that the State "guarantee equal access to opportunities to public service" could not be enforced without accompanying legislation, and thus could not bar the disallowance of so-called "nuisance candidates" in presidential elections.[6] But in another case, the Court held that a provision requiring that the State "protect and advance the right of the people to a balanced and healthful ecology" did not require implementing legislation to become the source of operative rights.[7]
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution.
Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America.
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