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2011 PY Chapter 3 3 Constitution, Government, and Foreign Relations Introduction he Constitution is the fundamental law of the land which defines and protects Tthe country’s ideals, identity, and independence. It prescribes the framework of the government and embodies the principles, maxims, and fixed rules in accordance with which the powers of sovereignty should be exercised. The country follows a democratic system of government and its constitution provides a clear picture of how the three branches of the government the executive, the legislative, and the judiciary exercise their powers. While laying down the fundamentals of government, the Philippine Constitution also mandates the state to pursue an independent foreign policy. With the Department of Foreign Affairs (DFA) at the helm, the Philippine government has continued to create and implement programs aimed at improving its bilateral relations with other countries. 3.1 History of the Philippine Constitution The Philippine Constitution underwent several changes over the past century. Constitutional revisions have altered the functions of the government and are seemingly affecting the discernment of the country’s future. The 1935 Constitution. During the American occupation, two organic acts of the US Congress – the Philippine Bill of 1902 and the Philippine Act of 1916 also known as the Jones Law – served as the bases of governance. However, the two laws were found inadequate to steer a commonwealth government the US had desired for the Philippines. Hence, the 1935 Constitution was chartered, enabling the Philippines to be ready for self-governance and achieve full independence from the US in 1945. With a new republic overlaid after the Commonwealth period, the 1935 Constitution still held its ground as the country's supreme law, even decades later. The 1973 Constitution. When Republic Act 6132 better known as the 1971 Constitutional Convention Act was passed, a new constitution was imminent. Some 300 delegates from all over the country convened on June 1, 1971 and began designing a new constitution. The draft was approved on November 29, 1972, about 18 months after the inaugural session and two months after the imposition of Martial Law. By January 17, 1973, the Constitution was in full force following Proclamation 1102. The 1973 Constitution ensconced a modified parliamentary form of government that was thought to be more conducive to the country's progress at that CONSTITUTION, GOVERNMENT, AND FOREIGN RELATIONS time. A close relationship between the executive and legislative bodies was then perceived as the solution to iron out constant deadlocks in passing urgent laws, which ultimately led to delays in government operations. Power in this form of government rested on an elite few—the President, his right-hand who was the Prime Minister, and the Cabinet. They worked hand-in-hand with the Legislative House, known as the Batasang Pambansa. The 1973 Constitution lasted for 12 years until the ouster of President Marcos in 1986. The 1987 Constitution. After the most celebrated "EDSA People Power," a sweeping change in government put to power a new Chief Executive, Corazon C. Aquino. She immediately promulgated the Freedom Constitution by issuing Proclamation No. 3 on February 25, 1986, the same day she assumed office. The new constitution set in motion a reorganized government. After establishing a provisional government, President Aquino assigned delegates who would frame the new constitution. The draft was finished in 133 days after the delegates' appointment, and was later ratified on February 2, 1987. The new Constitution, restoring democracy, offers Filipinos social freedom and economic justice, national sovereignty, and participatory democracy. The Constitutional Framework As with other constitutions, the 1987 Charter starts with a preamble or introductory statement on the intent of the law and definition of the government’s objectives. The articles contained in the Constitution can be summarized briefly, as follows: Article I - The National Territory. It identifies the boundaries and territories belonging legally to the country including the terrestrial, fluvial, and aerial domain. The territorial sea, the seabed, and other submarine areas are likewise defined. Article II - Declaration of Principles and State Policies. This states that the Philippines is a democratic and republican state and that Philippine sovereignty resides in the people. It also states that the Church and State are separate entities and neither one can encroach on the other’s domain. Article III - Bill of Rights. This is the summary of the fundamental rights of the people against violation of the state. No person may be deprived of life, liberty, or property without due process of law. One important provision of this article is the right to bail, which should not be impaired even when the privilege of the writ of habeas corpus is suspended. Article IV - Citizenship. This defines those who are Filipino citizens at the time of the adoption of the Constitution. It also describes how lost citizenship may be reacquired. NSO 2010 Philippine Yearbook Article V - Suffrage. All citizens of the Philippines have the right to vote and be voted upon to public office, and no substantive requirement may be imposed in the exercise of it. Article VI - The Legislative Department. Legislative power is vested in the Congress of the Philippines, which consists of the Senate and the House of Representatives. The Senate is made up of 24 members while the House of Representatives is composed of not more than 250 members, unless otherwise fixed by law. It also states the qualifications, remuneration, and terms of office of all senators and representatives. Article VII - The Executive Department. This stipulates the duties and responsibilities of the President and the Vice-President. The executive power is vested in the President. The Vice-President has the same qualifications and elected in the same manner as the President. The President, however, is not eligible for reelection, while the Vice-President may serve two consecutive terms. Article VIII - The Judicial Department. Judicial power is vested in one Supreme Court and in such lower courts as may be established by law. The Supreme Court is composed of the Chief Justice and 14 associate justices. The President appoints all justices and judges of the lower courts. Article IX - Constitutional Commissions. This names the three constitutional commissions that enjoy fiscal autonomy: the Commission on Elections, the Commission on Audit, and the Civil Service Commission. The President, with the consent of the Commission on Appointments, appoints the chairman of each commission and the additional commissioners. Article X - Local Government. In the general provisions, this article describes the territorial and political subdivisions of the Republic, which are provinces, cities, municipalities, and barangays. The political subdivisions enjoy local autonomy. They are entitled to an equitable share in the proceeds of national wealth within their respective areas. The autonomous regions include the Cordilleras and Muslim Mindanao. These regions have their own organic acts that define the basic structure and functions of their local units. Article XI - Accountability of Public Officials. Public office is a public trust, hence, public officers and employees must at all times be accountable to serve the people with utmost responsibility, integrity, loyalty, and efficiency. The President, Vice- President, members of the Supreme Court, members of the Constitutional Commissions, and the Ombudsman may be removed from office by impeachment. All other public officers and employees may be removed from office through legal means and not by impeachment. Article XII - National Economy and Patrimony. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in goods and services produced by the nation; and an expanding CONSTITUTION, GOVERNMENT, AND FOREIGN RELATIONS productivity. These goals are considered key to raising the quality of life for all. In the pursuit of these goals, all sectors of the economy should be given the opportunity to develop. Article XIII - Social Justice and Human Rights. The highest priorities in the legislative process involve the enactment of laws to protect and enhance the rights of all people that will redound to human dignity and reduction of social, economic, and political inequalities, diffused wealth and political power for the common good. The State shall ensure full protection of laborers—local and overseas—and promote full employment and employment opportunities for all. There shall be an agrarian reform program founded on the rights of farmers and farm workers to own the lands they till and to receive just share of the fruits of their toil. A continuing program of urban land reform shall provide decent housing and basic services to the underprivileged and homeless citizens in urban areas. An integrated approach to development shall be designed to make essential goods and services available to all people at affordable cost. The State shall protect working women by providing safe and healthful conditions and facilities that will enhance their welfare and enable them to realize their full potential in the service of the nation. The State shall also respect the role of non-government and people’s organizations and by doing so, enable these organizations to pursue their legitimate interests and aspirations
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