Phil Constitution

Polytechnic University of the Philippines
COLLEGE OF EDUCATION
Mabini Campus, Sta. Mesa, Manila

EDUC 2033 - EDUCATIONAL SYSTEMS AND CURRENT ISSUES IN EDUCATION
LEGAL BASES OF PHILIPPINE EDUCATION

Submitted By:
NACINO, ELSBETH
ROMANTICO, DEANNA
SANTOS, MARC LAWRENCE
TARASONA, PAULINE

BSEDFL 2-1

PHILIPPINE CONSTITUTION

Marc Lawrence S. Santos

PHILIPPINE CONSTITUTION

INTRODUCTION Every state has had a constitution of some kind whether it be an elaborate document or just a collection of rules. It is inconceivable how a state could exist or survive without a constitution of some form. The foundation of the system of government of the Philippines is the constitution . In its broad sense, the term constitution refers to the body of rules and principles in accordance with which the powers of sovereignty is regularly exercised. Constitution is a written document by which the fundamental powers of government are established, limited, and defined, and by which these powers are distributed among several departments for their safe and useful exercise for the benefit of the body politic. Phil. constitution is also known as the 1987 CONSTITUTION, is the constitution or the supreme law of the Republic of the Philippines. It was enacted in 1987, during the administration of President Corazon C. Aquino.

PURPOSES OF PHILIPPINE CONSTITUTION
1. Serves as the SUPREME or FUNDAMENTAL LAW - It is the charter creating the government. It is binding to all individual citizens and all organs of the government. It is the law to which all other laws must conform & it is the test of the legality of all governmental actions.
2. Establishes the basic framework and underlying principles of Government - Prescribes the permanent framework of the system of government, and assigns to the different branches, their respective powers and duties. To establish certain basic principles on which the government is founded & designed to preserve and protect the rights of the citizens against the power of the state.

Constitution may be classified as follows:
1. As to Origin and History: A. Conventional or enacted - one which is enacted by a constituent assembly or granted by a monarch to his subjects. B. Cumulative of evolved - one which is a product of a long period of development originating in customs, traditions, judicial decisions etc, rather than from deliberate and formal enactment.
2. As to Form: A. Written Constitution - one which has been given definite form at a particular time, usually by a specially constituted authority called a “constitutional convention”. B. Unwritten Constitution - one which is entirely a product of political evolution, consisting largely of a mass of customs, usages, and judicial decisions.
3. As to manner of amending them: A. Rigid or Inelastic - one regarded as a document of special sanctity, which cannot be amended except by some special machinery other than ordinary legislative process. B. Flexible or Elastic - one which possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws.
- The Philippine Constitution is conventional / enacted, written and rigid / inelastic.

PREAMBLE
- Came from Latin word Preambulare which means “to walk before.”
- It is an introduction to the main subject.
- It is the prologue of the constitution. “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.”

THE 18 ARTICLES OF THE PHILIPPINE CONSTITUTION
Article 1: 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.
Binding force of such provision under international law - A state has the power to try, hear and decide cases throughout the extent of its territory. If there is a territorial dispute, it should be settled according to the international law.
Value of provision defining our national territory - It is important to know so that we and the other nations would know the boundaries of our country.
Acquisition of other territories - Even though the bounds of our national territory is already written in the law, it does not prevent the Philippines from acquiring new territories by means of purchase, exchange and such.
Article 2: Declaration of Principles and State Policies Principles
Section 1: The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
The sovereign geopolitical entity called the Philippines is a federal republic. Sovereignty resides in the people and all government authority being exercised comes from them. The official name of this entity in the Filipino language is “Republika Federal ng Pilipinas.”
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.
The prime duty of the Government is to serve and protect the people. The Government may call upon volunteer citizens to defend the State to render personal, military or civil service. A standing army is maintained, but shall never be used against the people themselves.
Section 10: The State shall promote social justice in all phases of national development.
This policy mandates the state to promote social justice in all phases of national development.
Section 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.
The state shall provide education to all citizens to have a general and broader understanding about knowledge.

Article 3: Bill of Rights
Section 3: The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
Every person has the right to keep his communication or correspondence a secret. His communication with others by phone or by letter is a personal or private matter that nobody should intrude upon. But this right can be lawfully suspended upon order of the court if the safety and security of the people is at stake.
Section 5: No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
This provision is an implement to the doctrine of separation of church and state. However, the members of a religious organization cannot use religious profession as a justification in committing crimes. Thus, a religious sect using human beings as sacrifice for their god is not immune from criminal suit.
Article 4: Citizenship
Section 1: The following are citizens of the Philippines:
Those who are citizens of the Philippines at the time of the adoption of this Constitution.
Those whose fathers or mothers are citizens of the Philippines.
Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority
Those who are naturalized in the accordance with law.
- You are a Filipino if you’re living during the time when this constitution was totally adopted by us. Of course, you are a Filipino if your parents are both Filipino. If your mother born before January 17, 1973 who elect Philippine Citizenship when they reach the age of majority (18) and if you are naturalized in the accordance of law.
Section 3: Philippine citizenship may be lost or reacquired in the manner provided by law.
- How Filipino citizenship may be lost? Filipino citizen may lose his citizenship in any of the following ways:
1. Voluntary
By Naturalization in a foreign country.
By express renunciation of citizenship (expatriation).
By subscribing to an oath of allegiance to support the constitution and law of foreign country.
By rendering service to or accepting commission in the armed forces of a foreign country.
* The voluntary loss or renunciation of one’s nationality is called EXPATRIATION.
2. Involuntary
By cancellation of his certificate of naturalization by the court.
By having been declared by competent authority a deserter of the Philippine armed forces in times of war.
Article 5: Suffrage
Suffrage - it is a right and obligation to vote of qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people.
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.
Summary:
Limited and elitist in character, Article V on suffrage grants to literate all citizens, 18 years old or older the right to vote unless they are disqualified by law. However, this article also provides for women suffrage after the ratification of such proposal in a plebiscite by not less than 300 thousand qualified women voters.
Article 6: The Legislative Department
Section 1: The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
Section 2: The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.
Legislative power is the authority to make laws and to alter or repeal them. The original legislative power of the people is exercised via initiative and referendum. In this manner, people can directly propose and enact laws, or approve or reject any act or law passed by Congress or a local government unit.
Article 7: Executive Department
Section 1: The executive power shall be vested in the President of the Philippines.
The elected president / current president of the Philippines will vested an executive power.
Section 2 : No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.
You will not elected as president unless you are natural-born citizen of the Philippines, a registered voter who can read and write and a resident of the Philippines at least ten years immediately preceding such election.
Article 8: Judicial Department
Section 14: No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefore.
Decision - Judgment rendered by a court of justice or other competent tribunal after the presentation of the respective positions of the parties in an ordinary or criminal case of upon a stipulation of facts upon which the disposition of the case is based.
Forms of Decisions of Court:
Statement of both factual and legal bases.
Reason for requirement.
Statement of Legal basis only.
Article 9: Constitutional Commission
Section 1: The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.

Independent Constitutional Commissions:
Civil Service Commission (CSC)
Commission on Elections (COMELEC)
Commission on Audit (COA)
Why independent? They perform vital functions of government. Their integrity is protected by the fact that they:
Are constitutionally created (Sec. 1).
Have independent powers of appointment (Sec. 4).
Each Commission may promulgate its own procedural rules (Sec. 6).
Fiscal autonomy (Sec. 5).
Salaries may not be diminished during their office (Sec. 3).
Commissioners have a fixed term.
Commissioners are removable by impeachment only.
Article 10: Local Government
Section 1: The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided.
The importance of the first sentence is that it grants official identity of and boundaries between different federal local governments and local government units (LGU's) at certain levels like governors for provincial local governments, mayors for municipal local governments and barangay chairmen for barangays as the basic unit of the government. Meanwhile, the second sentence mandates that the Islamic people in Mindanao shall be provided with their own local government as a region (now ARMM) and the indigenous people at certain provinces of North Luzon shall as well (now CAR/ Cordillera Administrative Region), which are unique of characteristics compared to other local governments specially in terms of religious, cultural and judicial aspects. However, their autonomy doesn't necessarily entail their total exclusion from the scope of the Philippine Constitution and national-scope laws. It is important in respect to the culture and religion of the said people.

Article 11: Accountability of Public Officers
Section 1: Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives.
Public officers must serve the public with outmost responsibility, integrity, loyal and efficiency because public office is a place of trust.
Article 12: The National Economy and Patrimony
Section 1: The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged.
Three-fold goals:
More equitable distribution of opportunities, income and wealth.
Sustained increase in the amount of goods and services produced by the nation for the benefit of the people.
Expanding productivity, as the key to raising the quality of life for all.
- The State shall promote industrialization and full employment.
It should be based on sound agricultural development and agrarian reform.
It should be through industries that make full and efficient use of human and natural resources. Industries should also be competitive in both domestic and foreign markets.
- Protection of Filipino enterprises.
The State shall protect Filipino enterprises against unfair foreign competition and trade practices.
- Role of Private Enterprises.
Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership.
Article 13: Social Justice and Human Rights
Section 11: The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the under-privileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers.
Unfortunately, it would seem that the state has failed, and continues to fail, in performing the above-quoted Constitutional imperative. In fact, health financing does not rank high in the government's priorities.
Article 14: Education, Science and Technology, Arts, Culture and Sports
Section 1: The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all.
The State must provide quality education for all and does everything to reach out the farthest community to educate each citizen of the country for free as much as possible. Provision for formal and informal education in all kinds of citizen must be offered to respond to the needs of each individual and the society.
Section 6: The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages.
The national language of the Philippines is Filipino and it must be learned further than other language evolves within the country. English is provided to facilitate instruction and further communication. Researches must lead to development and preservation of Filipino and other languages.
Section 10: Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. It shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country's productive systems and national life.
Science and technology are essential for national development and progress. The State has to give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services.
Section 14: The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.
The State must foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression. Arts and letters will enjoy the patronage of the State. The State has to conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations.

Section 19: The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.
The State must promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert formulation of national plans and policies.
Article 15: The Family
Section 1: The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.
*Family - a group of person united by ties of marriage and blood.
* Importance of the family to the State:
A basic social institution – although the individual is obviously the primary cell in the body politic, as he is in all other human organizations, it is the family which provides the basic unit of the State.
The community’s first socializing agency – The family is, in fact, the community’s first socializing agency and the source of its strength and stability.
Section 2: Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.
*Marriage - it may refer to the ceremony or act by which a man and woman become husband and wife or to the state of being married.
* Marriage is both a contract and a status.
Article 16: General Provisions
Section 1: The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law.
The Philippine flag must have the following features: sun and three stars with a shade of yellow, blue (upper part), red (lower part) and a white triangle (left side) as honored by the people and recognized by law.

Section 6: The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. The authority of local executives over the police units in their jurisdiction shall be provided by law.
The state shall provide a police force controlled by National Police Commission in order to lessen the number of crime and to protect the people.
Section 9: The State shall protect consumers from trade malpractices and from substandard or hazardous products.
We need protection from them in order to prevent the usage of hazardous products and the trade malpractices.
Article 17: Amendments or Revisions
Amendment - an alteration of one or a few specific provisions of the Constitution. Its main purpose is to improve specific provisions of the Constitution. The changes brought about by amendments will not affect the other provisions of the Constitution.
Revisions - an examination of the entire Constitution to determine how and to what extent it should be altered. A revision implies substantive change, affecting the Constitution as a whole.
Constituent Power Vs. Legislative Power
Constituent power is the power to formulate a Constitution or to propose amendments to or revisions of the Constitution and to ratify such proposal. Legislative power is the power to pass, repeal or amend or ordinary laws or statutes (as opposed to organic law).
Constituent power is exercised by Congress (by special constitutional conferment), by a Constitutional Convention or Commission, by the people through initiative and referendum, and ultimately by sovereign electorate, whereas legislative power is an ordinary power of Congress and of the people, also through initiative and referendum.
The exercise of constituent power does not need the approval of the Chief Executive, whereas the exercise of legislative power ordinarily needs the approval of the Chief Executive, except when done by people through initiative and referendum.
Three (3) steps necessary to give effect to amendments and revisions:
Proposal of amendments or revisions by the proper constituent assembly.
Submission of the proposed amendments or revisions.
Ratification.
Article 18: Transitory Provisions
Section 25: After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning military bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.
Effectivity of the 1987 Constitution:
The 1987 Constitution took effect immediately upon its ratification.
According to the SC, this took place on February 2, 1987, which was the day the people cast their votes ratifying the Constitution.
Military bases agreements:
Renewals of military bases agreements must be through a strict treaty.
Ratification of the agreement in a plebiscite is necessary only when Congress so requires.
Section 25 of Article XVIII allows possible local deployment of only AMERICAN forces.

REFERENCES: LEGAL BASES OF PHILIPPINE EDUCATION
(PHILIPPINE CONSTITUTION)
INTERNET REFERENCES: http://en.wikipedia.org/wiki/Constitution_of_the_Philippines http://www.lawphil.net/consti/cons1987.html http://www.slideshare.net/princekurt11/philippine-constitution-15452864 http://www.slideshare.net/ellenkhaybonon/philippine-constitution-article-1 https://correctphilippines.org/wiki/proposed-philippine-constitution/article-i/ http://www.scribd.com/doc/36600475/Understanding-Article-II-Section-7-24-of-the-1987-Constitution http://www.slideshare.net/johntorresrt/bill-of-rights-lecture-3 http://www.slideshare.net/KeytBLUE20/article-4-and-article-5 http://1935constitution.blogspot.com/2010/03/article-v-suffrage.html http://lawphilreviewer.wordpress.com/2011/12/20/political-law-constitutional-law-article-vi/ http://www.slideshare.net/chengbigay/article-8-sec-13-16 http://lawphilreviewer.wordpress.com/tag/political-law-constitutional-law-article-ix/ http://answers.yahoo.com/question/index?qid=20120309053224AAfVdTg http://lawphilreviewer.wordpress.com/tag/political-law-constitutional-law-article-xii/ http://www.senate.gov.ph/lisdata/80626534!.pdf http://joymsan-ananalysisinarticlexiv.blogspot.com/2010/04/analysis-in-article-xiv-of-philippines.html http://www.studymode.com/essays/Philippines-Constitution-Article-Xv-788166.html http://www.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-xvi/ http://lawphilreviewer.wordpress.com/tag/political-law-constitutional-law-article-xvii/ http://lawphilreviewer.wordpress.com/tag/political-law-constitutional-law-article-xviii/