Social Studies
State - is a community of persons more or less numerous occupying a definite portion of territory, having a government of its own to which the great body of inhabitants render obedience and enjoying freedom from external control
Nation- is a population having a common language and literature, a common tradition and history, common customs, and a common consciousness of rights and wrongs, inhabiting a territory of a geographic unity.
4 elements of a state
People- inhabitants of a state
Territory- land, water and air mass of a country
Government- people who head the state
Sovereignty- freedom of the people onside a state from external control.
A nation can have a territory, government, people and sovereignty but can still not be recognized as a complete state by other countries.
Types of Constitutions
As to Origin and History:
1. Conventional or Enacted - This kind of constitution provides a clear, organized foundation of laws and principles from the start. It’s designed to create a stable framework for governance, often after significant political changes or the founding of a new state.
2. Cumulative or Evolved - This kind of constitution adapts to a country’s unique history and traditions over time. It allows flexibility, as rules and principles gradually develop in response to real-life situations and needs.
As to Form:
1. Written - A written constitution serves as a single, accessible source that clearly outlines the country’s laws and principles. It provides a solid reference that everyone can look to for legal consistency.
2. Unwritten - An unwritten constitution is practical for countries with long traditions and evolving practices. It allows flexibility and adapts more naturally over time without needing a formal single document.
As to Manner of Amendment:
1. Rigid or Inelastic - A rigid constitution is meant to provide stability, as changing its contents is difficult. This prevents frequent or impulsive changes, ensuring laws remain consistent and reliable over time.
2. Flexible or Elastic - A flexible constitution allows the government to adapt quickly to new situations. It is helpful for countries where change is needed frequently to keep up with evolving social, economic, or political conditions.
Constitutions of the Philippines
1. 1899 Malolos Constitution
• President: Emilio Aguinaldo
• Context: Created after declaring independence from Spain to establish a Filipino government.
• Main Contents:
• Set up a democratic republic with three branches: executive, legislative, and judicial.
• Protected civil rights, including freedom of speech and assembly.
• Aimed to affirm Filipino independence but was cut short by the Philippine-American War and U.S. control.
2. 1935 Constitution
• President: Manuel L. Quezon
• Context: Drafted under U.S. guidance for the Philippine Commonwealth as a step toward full independence.
• Main Contents:
• Established a presidential government with a two-house legislature (Senate and House).
• Promoted democratic rights and set up an independent judiciary.
• Planned for full independence after a 10-year transition, leading to the Republic of the Philippines in 1946.
3. 1943 Constitution
• President: José P. Laurel (during Japanese occupation)
• Context: Created under Japanese occupation, largely influenced by Japan.
• Main Contents:
• Set up a parliamentary government with limited power for the president.
• Emphasized cooperation with Japan, aiming to legitimize Japanese control.
• Lacked popular support due to the occupation and ended after World War II.
4. 1973 Constitution
• President: Ferdinand Marcos
• Context: Established under Martial Law to extend Marcos’ control and change the government structure.
• Main Contents:
• Shifted to a parliamentary system, giving Marcos significant executive power.
• Allowed Marcos to rule by decree, limiting checks and balances.
• Restricted many civil liberties, consolidating authoritarian rule until the People Power Revolution.
5. 1987 Constitution
• President: Corazon Aquino
• Context: Created after the People Power Revolution, restoring democracy after Marcos’ rule.
• Main Contents:
• Returned to a presidential system with three separate branches.
• Protected human rights, restored freedoms, and ensured government accountability.
• Limited terms for officials to prevent abuse of power and promoted social justice and sovereignty.
Preamble of the 1987 Constitution
Oath that says you will abide by the constitution
Articles ii, vi, vii, viii and ix of the 1987 Constitution Of the Philippines
• Article II: This declares the Philippines as a democratic and independent state, promoting human rights, peace, and development. It sets the guiding principles and policies for governance.
• Article VI: This defines the legislative branch, composed of the Senate and House of Representatives, which creates laws, approves budgets, and can declare war. It outlines qualifications, terms, and powers of legislators.
• Article VII: This focuses on the executive branch, headed by the President, who enforces laws and leads the armed forces. It also defines the Vice President’s role and procedures for succession.
• Article VIII: This establishes the judiciary, led by the Supreme Court, responsible for interpreting laws and ensuring justice. It guarantees the independence of courts from other government branches.
• Article IX: This creates three independent commissions: Civil Service, COMELEC, and COA. These oversee government jobs, elections, and public fund use without political interference.
Branches of the government of the Philippines
Executive
• Role: Enforces and administers the laws of the country.
• Key Points:
• Sets the direction of national policies.
• Executive power is given to the President.
Legislative
• Role: Makes laws, approves or rejects presidential appointments, and can declare war.
• Key Points:
• Legislative power is vested in Congress (Senate as Upper House and House of Representatives as Lower House).
• Congress is a bicameral system.
Judicial
• Role: Interprets laws, ensures they follow the Constitution, and resolves legal disputes.
• Key Points:
• Judicial power is vested in the Supreme Court and other lower courts.
• Settles controversies over enforceable rights.
Structure of the Philippine Government
Executive Branch
• Nation Level:
• President: One (1).
• Vice President: One (1).
• Cabinet Members: Varies (directly under the President).
• Autonomous Region Level:
• Regional Governor: One (1).
• Provincial Level:
• Governor: One (1).
• Vice Governor: One (1).
• Municipality or City Level:
• Mayor: One (1).
• Vice Mayor: One (1).
• Barangay Level:
• Barangay Captain: One (1).
Legislative Branch
• National Level:
• Congress: Composed of two houses.
• Senate (Upper House): 24 members; headed by the Senate President.
• House of Representatives (Lower House): 270 members; headed by the Speaker.
• Autonomous Region Level:
• Regional Legislative Assembly: 24 members; headed by the Speaker.
• Provincial Level:
• Provincial Assembly: Membership varies; headed by the Vice Governor.
• Municipal or City Level:
• Municipal/City Assembly: Membership varies; headed by the Vice Mayor.
• Barangay Level:
• Barangay Assembly: Eight (8) members.
• Youth Assembly (Sangguniang Kabataan or SK): Seven (7) members; headed by the SK Chairperson.
Judicial Branch
• National Level:
• Supreme Court: 15 members; headed by the Chief Justice.
• Court of Appeals: 69 members; headed by the Presiding Justice.
• Sandiganbayan (Anti-Graft Court): 15 members; headed by the Presiding Justice.
• Court of Tax Appeals: 9 members; headed by the Presiding Justice.
• Regional Level:
• Regional Trial Courts (RTCs): One per region, with 12 judicial regions.
• Shari’a District Courts: Five (5).
• Municipal and City Level:
• Metropolitan Trial Courts (in cities).
• Municipal Trial Courts.
• Municipal Trial Courts in Cities.
• Municipal Circuit Trial Courts.
• Shari’a Circuit Courts.
Checks and Balances of the Branches of the Government
Checks on the Executive Branch
1. Legislative Veto Power:
• Congress can review and reject presidential vetoes with a two-thirds vote in both the Senate and House of Representatives.
2. Impeachment:
• The Legislature can impeach the President for high crimes, betrayal of public trust, graft, corruption, and other impeachable offenses (Article XI, 1987 Constitution).
3. Budgetary Control:
• Congress holds the “power of the purse” and controls the national budget, limiting the President’s ability to spend public funds without legislative approval.
4. Commission on Appointments:
• The Senate can confirm or reject presidential appointments to key positions, such as Cabinet members and ambassadors.
Checks on the Legislative Branch
1. Presidential Veto:
• The President can veto laws passed by Congress. Congress can override the veto with a two-thirds majority.
2. Judicial Review:
• The Judiciary can declare laws unconstitutional through its power of judicial review (Section 1, Article VIII, 1987 Constitution).
3. Senate Approval of Treaties:
• International agreements negotiated by the Executive must be approved by at least two-thirds of the Senate (Article VII, Section 21).
Checks on the Judicial Branch
1. Impeachment:
• Congress can impeach Supreme Court justices and other judicial officials for acts of malfeasance, misfeasance, or abuse of power.
2. Budgetary Control:
• Although the Judiciary is independent, its budget is reviewed and approved by the Legislature.
3. Executive Appointments:
• The President appoints Supreme Court justices based on recommendations from the Judicial and Bar Council (JBC), ensuring a balance in the Judiciary’s composition.