'National Territory of the Philippines Essay\r'

'The primal policefulness of the Philippines ( Philippine: Saligang Batas ng Pilipinas ) is the supreme decree of the Philippines. The victimizestitution typifyly in case was enacted in 1987. during the judicature of president Corazon Aquino. and is popularly know as the â€Å"1987 organic legality” . [ 1 ] Philippine extreme jurisprudence experts confess collar different old(a) essential laws as confuseing efficaciously governed the utter †the 1935 Commonwealth make-up. the 1973 spirit. and the 1986 granting immunity governing body. [ 2 ] [ 3 ] Fundamental laws for the Philippines were in like manner drafted and espouse during the fugacious governments of chairs Emilio Aguinaldo ( 1898 ) and Jose P. palm ( 1943 ) .\r\n• Background of the 1987 arrangementIn 1986. next the slew indicator Revolution which ousted Ferdinand Marcos as prexy. and pursuit on her ain startup. Corazon Aquino unveild promulgation no. 3. declaring a study polity to execute the reforms mandated by the pot. nurseing their basic sounds. following a probationary vestigial law. and furnish for an determinely interlingual rendition to a politics at a lower coif a unexamp take extreme law. [ 4 ] hot seat Aquino subsequently issued Proclamation no(prenominal) 9. making a built-in rush ( popularly abbreviated â€Å"Con Com” in the Philippines ) to border a overbold primeval law to re regularise the 1973 governing body which took consequence during the Marcos soldierly jurisprudence government. Aquino ordained 50 members to the military bang. The members of the Commission were drawn from vary backgrounds. including several author congresswomans. a former unconditional hail Chief umpire ( Roberto Concepcion ) . a Catholic bishop ( Teodoro Bacani ) and movie get throughenger car ( Lino Brocka ) .\r\nAquino besides intention everyy appoint 5 members. including former Labor take cargon Blas Ople. who h ad been allied with Marcos until the latter’s ejector. freshr the Commission had convened. it take as its president Cecilia Munoz-Palma. who had emerged as a prima cons true in the anti-Marcos resistance following her solitude as the jump female cerebrate referee of the compulsive Court. The Commission spotless the batting order of supplant charter in spite of appearance four months later on it was convened. Several issues were heatedly debated during the Sessionss. including on the signifier of regime to follow. the abolishment of the decease punishment. the continued moveing of the Clark and Subic American military bases. and the integrating of economic policies into the ecesis. Brocka would qualifying out of the Commission before its completion. and twain other delegates would dissent from the concluding wit of replace.\r\nThe ConCom completed their undertaking on October 12. 1986 and presented the bill of exchange sound law to chairman Aquino on October 15. 1986. After a close of countrywide information run. a plebiscite for its hindrance was held on February 2. 1987. More than three-fourth of all ballots cast. 76. 37 % ( or 17. 059. 495 electors ) favored confirmation as against 22. 65 % ( or 5. 058. 714 electors ) who voted against confirmation. On February 11. 1987. the refreshed fundamental law was entitle clear and took consequence. On that same twenty-four hours. Aquino. the other governance functionaries. and the Armed Forces of the Philippines pledged payload to the composition.\r\nSignificant characteristics of the 1987 Fundamental law\r\nThe paper establishes the Philippines as a â€Å" elective and re earthan say” . where â€Å"sovereignty resides in the people and all governance control emanates from them” . ( atom 1. res publicamark II ) Consistent with the philosophical dust of separation of berths. the fountains of the national authorities are exercised in chief by three subd ivisions †the executive director subdivision headed by the chairwoman. the legislative subdivision composed of sex act and the judicial subdivision with the self-governing Court busying the highest put of the bench. The professorship and the members of coitus are rightful(a) select by the people. while the members of the Supreme Court are positive by the chairperson from a list form by the Judicial and Bar Council. As with the American formation of authorities. it is Congress which enacts the Torahs. subject area to the veto power of the President which may however be overturned by a two-thirds ballot of Congress ( incision 27 ( 1 ) . expression VI ) . The President has the original responsibility to ensure the faithful executing of the Torahs ( Section 17. phrase VII ) . while the tribunals are expressly apt(p) the power of judicial reexamination ( Section 1. bind VIII ) . including the power to invalidate or construe Torahs.\r\nThe President is besides recognized as the commander-in-chief of the build up forces ( Section 18. Article VII ) . The authorship besides establishes desexualiseed policy-making familiarity to the local authorities units that act as the municipal authoritiess for states. metropoliss. municipalities. and barangays. ( Section 1. Article X ) Local authoritiess are by and bear-sized considered as falling under the executive subdivision. yet local statute law requires enactment by duly elected local legislative organic structures. The organic law ( Section 3. Article X ) mandated that the Congress would ordain a Local political science recruit. The Congress punctually enacted land deed of conveyance zero(prenominal) 7160. The Local Government commandment of 1991. which became effectual on 1 January 1992. [ 5 ] The Supreme Court has noted that the calling card of Rights â€Å"occupies a place of primacy in the important law” . [ 6 ] The pinnacle of Rights. contained in Article III. enumerate s the specific protections against State power. umpteen of these warrants are similar to those provided in the American fundamental law and other democratic fundamental laws. including the due procedure and compare protection clause. the right against indefensible hunts and ictuss. the right to liberate address and the free example of faith. the right against self-incrimination. and the right to habeas principal.\r\nThe range and restrictions to these rights countenance well-nighly been determined by Philippine Supreme Court determinations. Outside of the bill poster of Rights. the Constitution besides contains several other commissariats reciting assorted province policies including. i. e. . the avowal of push â€Å"as a primary societal economic force” ( Section 14. Article II ) ; the equal protection of â€Å"the sprightliness of the female parent and the life of the unborn from conception” ( Section 12. Article II ) ; the â€Å" Philippine house contain as the tail of the nation” ( Article XV. Section 1 ) ; the acknowledgment of Filipino as â€Å"the national linguistic communication of the Philippines” ( Section 6. Article XVI ) . and level a hire that â€Å"all educational establishments shall set round unvarying athleticss activities throughout the state in cooperation with athletic nines and other sectors. ” ( Section 19. 1. Article XIV )\r\nWhether these commissariats may. by themselves. be the scratch of enforceable rights without wed toing statute law has been the topic of considerable argument in the legal domain and within the Supreme Court. The Court. for illustration. has ruled that a proviso necessitating that the State â€Å"guarantee equal entree to chances to public service” could non be enforced without attach toing statute law. and in that locationfore could non exclude the disallowance of allege â€Å"nuisance candidates” in presidential elections. [ 7 ] But in another inst ance. the Court held that a proviso necessitating that the State â€Å"protect and progress the right of the people to a balanced and healthful ecology” did non enquire implementing statute law to go the offset printing of operative rights. [ 8 ]\r\nHistorical fundamental laws\r\nFundamental law of Biak-na-Bato ( 1897 )\r\nThe Katipunan revolution led to the Tejeros Convention where. at San Francisco de Malabon. Cavite. on work on 22. 1897. the first presidential and frailty presidential elections in Philippine history were heldâ€although exactly the Katipuneros ( members of the Katipunan ) were able to take delegate. and non the general public. A ulterior meeting of the radical authorities ceremonious at that place. held on November 1. 1897 at Biak-na-Bato in the town of San Miguel de Mayumo in Bulacan. established the republic of Biak-na-Bato. The land had a fundamental law drafted by Isabelo Artacho and Felix Ferrer and based on the first Cuban Constitution. [ 9 ] It is known as the â€Å"Constitucion Provisional de la Republica de Filipinas” . and was in the beginning scripted in and promulgated in the Spanish and Tagalog linguistic communications. [ 10 ] Malolos Constitution ( 1899 )\r\nThe Malolos Constitution was the first republican fundamental law in Asia. [ 11 ] It say that sovereignty resides entirely in the people. express basic civil rights. separated the church service and province. and called for the fanciful military action of an manufacture of Representatives to feed as the legislative organic structure. It besides called for a Presidential signifier of authorities with the president elected for a term of four old eras by a spate of the Assembly. [ 12 ] It was titled â€Å"Constitucion politica” . and was written in Spanish following the annunciation of independency from Spain. [ 13 ] proclaimed on January 20. 1899. and was enacted and approved by the Malolos Congress. a Congress held in Malolos. Bu lacan. [ 14 ] [ 15 ]\r\n influences of the fall in States Congress\r\nThe Philippines was a get together States soil from December 10. 1898 to March 24. 1934. [ 16 ] As such(prenominal). the Philippines was under the legal power of the national authorities of the joined States during this period. Two Acts of the Apostless of the unite States Congress passed during this period can be considered Filipino fundamental laws in that those Acts of the Apostless delineate the cardinal political rules. and established the construction. processs. powers and responsibilities. of the Filipino authorities. 1. The Philippine Organic Act of 1902. sometimes known as the â€Å"Philippine Bill of 1902” . was the first organic jurisprudence for the Philippine Islands enacted by the United States Congress. It provided for the creative activity of a popularly elected Philippine Assembly. and specified that legislative power would be vested in a bicameral legislative assembly composed of th e Filipino Commission ( upper house ) and the Philippine Assembly ( lower house ) . Its cardinal commissariats include a measure of rights for the Filipinos and the assignment of two nonvoting Filipino occupant commissioners to stand for the Philippines in the United States Congress.\r\n2. The Philippine Autonomy Act of 1916. sometimes known as â€Å"Jones jurisprudence” . modified the construction of the Filipino authorities by taking the Filipino Commission as the legislative upper house. re clean it with a Senate elected by Filipino electors. This act besides explicitly declared that it was and had ever been the intent of the people of the United States to retreat their sovereignty over the Filipino Islands and to acknowledge Filipino independency both bit shortly as a stable authorities can be established in this. Though non a fundamental law itself. the Tydings-McDuffie Act of 1934 provided authorization and defined mechanisms for the constitution of a prescribed fun damental law via a constitutional convention.\r\nCommonwealth and Third Republic ( 1935 )\r\nThe 1935 Constitution was written in 1934. sanctioned and select by the Commonwealth of the Philippines ( 1935-1946 ) and subsequently utilize by the Third Republic of the Philippines ( 1946-1972 ) . It was written with an oculus to run intoing the blessing of the United States Government every bit good. so as to guarantee that the U. S. would populate up to its promise to allow the Philippines independency and non hold a premiss to keep onto its â€Å" monomania” on the evidences that it was excessively politically young and therefore unready for full. existent independency. The original 1935 Constitution provided for unicameral content Assembly and the President was elected to a six-year term without re-election. It was amend in 1940 to hold a bicameral Congress composed of a Senate and family line of Representatives. every bit good the creative activity of an independent electo ral committee.\r\nThe Constitution now granted the President a four-year term with a upper limit of two back-to-back footings in office. A Constitutional Convention was held in 1971 to revisal the 1935 Constitution. The convention was stained with apparent grafting and corruptness. Possibly the most controversial issue was taking the presidential term take shape so that Ferdinand E. Marcos could seek election for a 3rd term. which m whatsoever felt was the true ground for which the convention was called. In whatever instance. the 1935 Constitution was suspended in 1972 with Marcos’ annunciation of soldierly jurisprudence. the rampant corruptness of the constitutional procedure supplying him with one of his major(ip) premises for making so.\r\n split second Republic ( 1943 )\r\nThe 1943 Constitution was drafted by a commission appointed by the Philippine decision maker Commission. the organic structure established by the Nipponese to administrate the Philippines in bille t of the Commonwealth of the Philippines which had established a government-in-exile. In mid-1942 Nipponese Premier Hideki Tojo had promised the Filipinos â€Å"the award of independence” which meant that the committee would be supplanted by a formal democracy. The Preparatory citizens committee for Philippine Independence tasked with outlining a new fundamental law was composed in astronomic portion. of members of the prewar internal Assembly and of persons with run through as delegates to the convention that had drafted the 1935 Constitution. Their bill of exchange for the democracy to be established under the Nipponese Occupation. nevertheless. would be limited in continuance. supply for in rank. alternatively of direct. legislative elections. and an even loadeder executive subdivision. Upon blessing of the bill of exchange by the Committee. the new charter was ratified in 1943 by an assembly of appointed. churl representatives of the Kalibapi. the organisation esta blished by the lacquerese to replace all old political parties.\r\nUpon confirmation by the Kalibapi assembly. the Second Republic was officially proclaimed ( 1943-1945 ) . Jose P. Laurel was appointed as President by the home(a) Assembly and inaugurated into office in October 1943. Laurel was extremely regarded by the Japanese for dimension openly criticised the US for the manner they ran the Philippines. and because he had a grade from Tokyo outside(a) University. The 1943 Constitution remained in force in Japanese-controlled countries of the Philippines. but was neer recognized as legitimate or binding by the authoritiess of the United States or of the Commonwealth of the Philippines and insurrectionist organisations loyal to them. In late 1944. President Laurel declared a province of war existed with the United States and the British imperium and proclaimed soldierly jurisprudence. basically governing by edict. His authorities in stoop went into expatriate in December. 1 944. first to mainland China and so Japan.\r\nAfter the proclamation of Japan’s resignation. Laurel officially proclaimed the Second Republic as dissolved. Until the sixtiess. the Second Republic. and its officers. were non viewed as legitimate or as holding any standing. with the exclusion of the Supreme Court whose determinations. limited to reappraisals of condemnable and moneymaking(prenominal) instances as portion of a policy of discretion by Chief justness Jose Yulo continued to be portion of the functionary records ( this was made easier by the Commonwealth neer representing a Supreme Court. and the formal nullity in the main justness place for the Commonwealth with the executing of Chief Justice Jose Abad Santos by the Japanese ) .\r\nIt was uncorruptedly during the Macapagal disposal that a partial. political rehabilitation of the Japanese-era democracy took topographical point. with the acknowledgment of Laurel as a former president and the affix of his cons ole table and other functionaries to the roll of ultimo authorities functionaries. However. the 1943 charter was non taught in schools and the Torahs of the 1943-44 field Assembly neer recognized as valid or relevant. The 1943 Constitution provided strong executive powers. The Legislature consisted of a unicameral National Assembly and merely those considered as anti-US could stand for election. although in pattern most legislators were appointed instead than elected.\r\nThe New purchase order and the Fourth Republic ( 1973 )\r\nThe 1973 Constitution. promulgated after Marcos’ declaration of soldierly jurisprudence. was supposed to present a parliamentary-style authorities. Legislative power was vested in a National Assembly whose members were elected for six-year footings. The President was ideally supposed to be elected as the symbolic and strictly ceremonial caput of province from the Members of the National Assembly for a six-year term and could be re-elected to an li mitless figure of footings. Upon election. the President ceased to be a member of the National Assembly. During his term. the President was non allowed to be a member of a political party or keep any other office.\r\nExecutive power was meant to be exercised by the extremum parson who was besides elected from the Members of the National Assembly. The Prime minister was the caput of authorities and Commander-in-Chief of the arm forces. This fundamental law was later revise four times ( arguably tailfin depending on how one considers Proclamation No. 3 of 1986 ) . On October 16-17 1976. a bulk of barangay electors ( Citizen Assemblies ) approved that soldierly jurisprudence should be continued and ratified the amendments to the Constitution proposed by President Marcos. [ 19 ]\r\nThe 1976 amendments were:\r\n•an Interim Batasang Pambansa ( IBP ) renewal for the Interim National Assembly •the President would besides go the Prime Minister and he would go on to observe legislative powers until soldierly jurisprudence should hold been lifted. The Sixth Amendment authorized the President to pass:\r\nWhenever in the judgement of the President there exists a sedate exigency or a menace or imminence thereof. or whenever the Interim Batasang Pambansa or the regular National Assembly fails or is unavailing to move adequately on any affair for any ground that in his judgement requires immediate action. he may. in order to run into the exigency. publish the unavoidable edicts. orders or letters of instructions. which shall organize portion of the jurisprudence of the land. The 1973 Constitution was further revise in 1980 and 1981. In the 1980 amendment. the retirement age of the members of the Judiciary was extended to 70 old ages. In the 1981 amendments. the false parliamentary system was officially modified into a French-style semi-presidential system: •executive power was restored to the President ;•direct election of the President was restored ;•an Executive Committee composed of the Prime Minister and non much than 14 members was created to â€Å"assist the President in the exercising of his powers and maps and in the public display of his responsibilities as he may order ; ” and the Prime Minister was a mere caput of the Cabi crystallize.•Further. the amendments instituted electoral reforms and provided that a innate(p) born citizen of the Philippines who has lost his citizenship may be a impartingee of private land for usage by him as his abode. The destination amendments in 1984 abolished the Executive Committee and restored the place of Vice-President ( which did non be in the original. unamended 1973 Constitution ) . In existent pattern. while the 1973 Constitution was ideally supposed to put up a true parliamentary system. the late President Marcos had made usage of machination and use in order to curb executive power for himself. instead than devolving executive powers to the Par liament. as headed by the Prime Minister.\r\nThe lowest consequence was that the 1973 Constitution †due to all amendments and elusive uses †was simply the abolishment of the Senate and a series of decorative text-changes where the old American-derived nomenclatures such House of Representatives became known as the â€Å"Batasang Pambansa” ( National Assembly ) . Departments became known as â€Å"Ministries” . cabinet secretaries became known as â€Å"cabinet ministers” . and the President’s helper †the Executive depositary †became known as the â€Å"Prime Minister. ” Ultimately. Marcos’ supposed â€Å"Parliamentary System” hence functioned as an authoritarian-run Presidential System due to the series of amendments and other alterations put in topographic point after the 1973 Constitution was ratified. 1986 â€Å"Freedom Constitution”\r\nFollowing the EDSA plenty Power Revolution that removed President F erdinand E. Marcos from office. the new President. Corazon C. Aquino issued Proclamation No. 3 as a probationary fundamental law to would fix for the following fundamental law. It adopted certain commissariats from the 1973 fundamental law and granted the President wide powers to reorganize the authorities and take functionaries from office. and mandated that the president would name a committee to outline a new fundamental law.\r\nrefference/source ; # a B â€Å"The 1987 Fundamental law of the Republic of the Philippines” . 15 October 1986. hypertext agitate communications protocol: //www. thecorpusjuris. com/laws/constitutions/8-philippineconstitutions/70-1987-constitution. hypertext markup row. Retrieved 2008-04-03. # ^ Isagani Cruz ( 1993 ) . Constitutional Law. Quezon City. Philippines: primaeval Lawbook Publishing Co. . Inc. . pp. 19. ISBN 971-16-0184-2. # ^ Joaquin Bernas. S. J. ( 1996 ) . The 1987 Constitution of the Republic of the Philippines: A Commentary. Manil a. Philippines: Rex Book Store. pp. xxxiv-xxxix. ISBN 971-23-2013-8. # ^ â€Å"1986 Provisional â€Å"Freedom” Constitution of the Republic of the Philippines” . 25 March 1986. hypertext transplant protocol: //www. thecorpusjuris. com/laws/constitutions/8-philippineconstitutions/69-1986-constitution. hypertext markup language. Retrieved 2008-04-03. # ^ â€Å"Local Government Code of 1991” . 1 January 1992. hypertext transfer protocol: //www. chanrobles. com/localgov. htm. Retrieved 2007-06-09. # ^ â€Å"People vs. Tatud ( G. R. No. 144037 ) ” . Supreme Court of the Philippines. 26 September 2003. hypertext transfer protocol: //www. supremecourt. gov. ph/jurisprudence/2003/sep2003/144037. htm. Retrieved 2007-06-09. # ^ â€Å"Pamatong vs. Comelec ( G. R. No. 161872 ) ” . SupremeCourt of the Philippines. 13 April 2004. hypertext transfer protocol: //www. supremecourt. gov. ph/jurisprudence/2004/apr2004/161872. htm. Retrieved 2007-06-09. # ^ â€Å"Op osa et Al. v. Fulgencio ( G. R. No. 101083 ) ” . Supreme Court of the Philippines ( requoted by Lawphil. net ) . 30 July 1993. hypertext transfer protocol: //www. lawphil. net/judjuris/juri1993/jul1993/gr_101083_1993. hypertext markup language. Retrieved 2007-06-09. # ^ Wikisource-logo. svg 1897 Constitution of Biak-na-Bato ( Philippines ) at Wikisource. # ^ â€Å"1897 Biac-na-Bato Constitution” . head teacher Juris. 1 November 1897. hypertext transfer protocol: //www. thecorpusjuris. com/laws/constitutions/8-philippineconstitutions/300-1897-biac-na-bato-constitution. hypertext markup language? showall=1. Retrieved 2009-01-25. # ^ Tucker. Spencer C. ( 2009 ) . The encyclopaedia of the Spanish-American and Philippine-American wars: a political. societal. and military history. ABC-CLIO. p. 364. ISBN 9781851099511. hypertext transfer protocol: //books. Google. com/ ? id=8V3vZxOmHssC # ^ Guevara. Sulpico. erectile dysfunction ( 2005 ) . The Torahs of the first Philippine R epublic ( the Torahs of Malolos ) 1898-1899. . Ann Arbor. dinero: University of Michigan Library ( published 1972 ) . pp. 104â€119. hypertext transfer protocol: //quod. lib. umich. edu/cgi/t/text/text-idx? c=philamer ; iel=1 ; view=toc ; idno=aab1246. 0001. 001. Retrieved 2008-03-26. ( English interlingual rendition by Sulpicio Guevara ) # ^ Guevara 2005. p. 88.\r\n'