CHAPTER 10

1987 PHILIPPINE CONSTITUTION

Constitution Defined
ARISTOTLE (a famous Greek
philosopher)
- Constitution is an organization of
offices in a state
- by which the method of their
distribution is fixed
- the sovereign authority is
determined,
- and the nature of the end to be
pursued by the association and all
its members is prescribed.
LEGASPI VS. MINSTRY OF
EDUCATION
- Constitution is a fundamental law
- which sets up a form of
government
- and defines and delimits the
powers thereof and those of its
officers,
- reserving to the people themselves
plenary sovereignty.
Purpose of the Constitution
a) It prescribes the permanent
framework of a system of
government.
b) It distributes to several
departments and agencies of
government their respective
powers, functions and duties.
c) It sets down certain principles on
which the government is founded.
Written and Unwritten Constitution
Mark Harper
- Written Constitution is a formal
document defining the nature of
the constitutional settlement, the
rules that govern the political
system and the rights of the
citizens and governments in a
codified form.
- Unwritten Constitution is not
codified in a single written
document. It has evolved from the
customs and traditions of the
people. Ex. United Kingdom Const.
Qualities of a Good Written Constitution
a) Broad or Comprehensive. It should
contain the structure of the
government including the powers
and functions which are clearly
defined.
b) Brief or Concise. It should not be
too detailed to avoid vagueness.
c) Definite or Clear. it must be free
from loopholes and ambiguity to
avoid various interpretations

Essential Parts of a Good Written

Constitution
a) Constitution of Liberty. It lays down
the fundamental civil and political
rights of the citizens and imposing
limitations on the powers of
government as a means of
securing the enjoyment of those
rights. (Article III)
b) Constitution of Government. It
contains provisions outlining the
organization the government,
enumerating its powers, laying
down certain rules relative to the
administration, and defining the
electorate. (Article VI, VII, VIII, IX)
c) Constitution of Sovereignty. It
contains provisions on how the
constitution maybe amended or
revised. (Article XVII)
State
- is a political entity with a defined
territory on which it exercises
internal and external sovereignty, a
permanent population, and a stable
government to which people render
obedience.
Theories on the Origin of State
a) Divine Right Theory. This theory
maintains that God created the
state.
b) Social Contract Theory. This theory
maintains that state is created
through voluntary agreement
entered by the people. consent of
the people
c) Force Theory. This theory claims
that state is created out of the
imposition of will by the strong to
the weak.
d) Economic Theory. This theory
asserts the origin of states from his
economic independence to his
fellow being.
e) Patriarchal Theory. This theory
holds that the state is a product of
evolution from the smallest unity of
society-the family. Gradually, the
family grows into a clan and later
on, the clan, is developed into
tribe, the tribe into nation, and
nation into a state.
Elements of State
4 Elements: People, Territory, Government
and Sovereignty
a) People. The people in a State
must be sufficient in number
capable of maintaining its
permanent existence.

b) Territory. No specific area is

required but the territory must be
enough to provide for its
maintenance, development and
growth.
c) Government. A stable
government, which a great number
of inhabitants are rendering
continuous obedience.
Government of the Republic of the
Philippines
Section 2 (1), Administrative Code of 1987
- defines the Government of the
Philippines as a corporate
governmental entity through which
the functions of government are
exercised throughout the
Philippines, including save as the
contrary appears from the context,
the various arms through which
political authority is made effective
in the Philippines, whether
pertaining to the autonomous
regions, the provincial, city,
municipal or barangay,
subdivisions or other forms of local
government.
Functions of Government
a) Foreign Relations. To enter into
treaties and international
agreement with other states and to
protect its inhabitants and
territorial jurisdiction.
b) Protect and regulate the utilization
of the countrys natural resources.
c) Regulate business. It also includes
monetary policy, giving protection
to consumers and regulating
banking practices.
d) Promulgate laws that will protect
the right to life, liberty and
property of its inhabitants.
e) Provide services for the well-being
of the nation as a while, such as
infrastructure, health, education,
housing, and disaster relief.
Divisions of Government
a) National Government refers to the
entire machinery of the central
government, as distinguished from
the different forms of local
governments.
b) Local Government refers to the
political subdivisions established by
or in accordance with the
Consitution.
De Jure and De Facto Government
De Jure or Legitimate Government

it is established according to its

fundamental law, the constitution.
All other laws and the mode of
their implementation are strictly
adhered to what the constitution
says.
De Facto or Illegitimate
Government
- it is a government that does not
recognized an fundamental law or
constitution.
- Its basic source of power is the
force, which is against the will of
the rightful and legal government.
- De Facto is usually established by
overthrowing a civil government by
means of arms; it is usually very
temporary although there are other
ways a De Facto government is
established.
Different Forms of Government
Three major forms: Autocracy, Oligarchy
and Democracy
A. Autocracy- The power and authority to
rule are in the hands of a single
individual. One person usually a king,
queen, tsar, dictator, exercise
sovereignty.
a. Absolute Monarchy is usually
headed by a king, queen, emperor,
or tsar exercises the supreme
power of government. His/her
power is usually inherited and they
exercise absolute power to rule.
Ex. China, France, Russia
b. Totalitarian Dictatorship is
characterized by having a leader
who exercises authoritarian power
over every aspect of human
affairs. Power is usually not
inherited, but it is acquired by
force and often reinforced by
propaganda. Ex. Germany, Italy,
Soviet Union
B. Oligarchy A small group holds the
power to govern. The power is derived
from wealth, military power, social
position, education, or some
combination of these. It is regarded as
the government ruled by a privileged
few.
a. Aristocracy is a type of oligarcy
where power is derived from virtue,
age and experience, wisdom and
education, or religious leadership.
Ex. Ancient Sparta, Ancient Rome
b. Military Junta is a type of oligarchy
where power is consolidated under
military force. Ex. Haiti, Chile,
Greece

c. Communist Totalitarianism is a type

of oligarchy where a small group of
government leaders claim to derive
power from the people. This small
group adopts the Communism as
its form of economics. All
opposition is suppressed. Total
control over all aspects of human
affairs is exercised and reinforced
by propaganda. Ex. Former Soviet
Union, China, Cuba and Laos
C. Democracy A government in which
the people hold the power to rule,
either directly or through elected
officials, i.e. rule by the ruled.
Sovereign power is vested to the
people.
a. Direct Democracy. This is also
called pure or absolute democracy.
The will of the people is translated
into public policy (law) directly by
the people themselves in mass
meetings.
b. Indirect or Republican Democracy.
The people elect their chosen
representatives and give them the
power to govern. Agents of the
people are responsible for carrying
out the will of the people. Ex.
Japan, Jamaica, Philippines, Taiwan
and New Zealand
c. Presidential Democracy. The
president is elected directly by the
people. The President is the Head
of State and Head of Government.
The people elect members of the
legislative branch of government.
Laws are enacted by legislature
and enforced by the president. Ex.
United States of America
d. Parliamentary Democracy. The
members of the Parliament elect
Prime Minister. The people through
popular suffrage elect members of
the Parliament. The elected
representatives enact laws. Ex.
France, India and Canada
e. Constitutional Monarchy. The
monarch shares governmental
power with elected legislatures or
serves as ceremonial leader of
government. A constitution, usually
written, exists as the rule of law in
the state. The power of the
monarch is defined and limited by
the constitution. Ex. Great Britain,
Jordan, Thailand, Tonga and Norway
D. Sovereignty. Refers to the right to
exercise the functions of the State to
the exclusion of any other state.

Kinds of Sovereignty
4 Kinds: Legal and Political; Internal and
External
a. Legal Sovereignty is the absolute
power of the state as expressed in
its fundamental law, which is the
constitution and from other
statutes.
b. Political Sovereignty is also called
electoral sovereignty. It is the
supreme authority of the state
vested to the people through
election, giving the sovereignty on
the people who have the power to
decide on important matters in the
government.
c. Internal Sovereignty is the supreme
power of the state to regulate and
control the affairs of the people
within its territory.
d. External Sovereignty means
freedom from external control. Free
from dictation, interference and
intervention in the conduct of its
affairs.
Characteristics of Sovereignty
a. Permanence. Sovereignty is
constant, rulers maybe ousted and
government may change but as
long as sate exists, sovereignty is
always present as one of its
elements.
b. Absolute. States sovereign power
is absolute in the sense that is not
subject to control and restrictions
by any other power.
c. Comprehensive. The sovereign
power of state is comprehensive
for its authority applies to all
citizens, foreigners, associations or
organizations within its territory
and jurisdiction.
d. Indivisible. The supreme power of
state is the monopoly of the state,
although it can be delegated to its
various organs, subdivisions and
instrumentalities.
Essential Powers of State
- Every sovereign state has
inherited rights called inherent
powers.
- Essential powers are limited
only by Bill of Rights. These
powers are: police power,
power of eminent domain and
power of taxation.