PHISTCON President Warren G.
Harding (Republican)
1 Criticized the Harrison
administration for alleged
incompetence
Too much politics by the Filipinos
Maximo Kalaw:
without any clear criteria for capacity for
self-rule, the Americans could
delay the Philippine independence
at their own will or whim
sent an investigating mission to the Philippines. To determine
This mission is headed by William Cameron Forbes
whether or not
(Former governor general ) the Filipinos were
and
General Leonard Wood
prepared for independence.
(former commander of American forces in Mindanao)
2 Some Filipinos were for
continued American occupation The mission favored the Republican policy
of not granting independence
to the Filipinos until such time as they had
Non-Christians constituted shown competence in self-rule
about 10% of the total populations.
President Harding was satisfied with the Harrison Abandon most of the
governor –general powers
Wood-Forbes Mission’s report.
He appointed General Wood to be the next
governor general of the Philippines Wood Reverses
Harrison’s Filipinization policy.
1
 Conflicts with Gen. Wood
1 Veto power
Ray Conley
American detective in the Manila Police Department
Allegedly accepting bribes
and committing acts of immorality
Independence Mission
1st independence mission (1918)
because of the world situation resulting from
the recently concluded world war.
Independence Congress (1930)
passed a resolution favoring
the early grant of independence
to the Philippines
2 After the 1st World War (1914-1918)
more than 120 bills
Wood was accused as anti-Filipino and
against the interest of the Filipino people
2nd independence mission (1919)
to convince the American Congress that
the conditions set by Jones Law, as
prerequisite for independence had been met.
1st and 2nd independence mission achieved nothing
Independence Mission (1931)
Senator Sergio S. Osmeña and
Speaker Manuel A. Roxas
Struggles for independence
The Philippine Legislature created the
Independence Commission
Whose purpose was to study ways and means of
negotiating for Philippine Independence
American business
succeeded in preventing the
passage of any bill in Congress favoring
Philippine independence.
Os – Rox Mission
To work for the early grant of
Philippine independence.
There were numbers of American
that were favorable to the
Philippine Independence
2
 favorable for Independence
2 American labor leader 3 Isolationist
1 American Farmers
To prevent war against the Japan.
Filipino laborers were also competing
Philippine agricultural products competed with the American laborers.
with the own products

Hare - Hawes-cutting law

Os - Rox
This law provided that at the
end of a ten-year period
(Commonwealth Period),
Hare-Hawes-Cutting Act
Philippine independence would be granted
Establishment of
a Commonwealth Government
in the Philippines.
It would be autonomous except for the foreign
affairs and currency of the Philippines would
still be
under the President of the United States.

Establishment of a Commonwealth Government in the Philippine products

Philippines.
The law also provided that like sugar, oil, abaca and other fibers
50 Filipino immigrants were to enter the United States
It would be autonomous except for the foreign affairs
and currency of the Philippines would still be under the in limited quantities.
would be allowed to enter
President of the United States.
the United States every year for a
period of ten years. US products were allowed free
There was to be an American High Commissioner who entry to the Philippines
would act as the President’s representative of the
United States

3
 It also authorized the United States
to retain land or other property
designated by the
President of the United States
for “military and other reservations”
1 The provision on
trade relations did not ensure
economic security for the
Philippines after independence
4 The retention of military, naval
and other reservations was
“inconsistent with true independence”
that violate
national dignity or sovereignty
Originally, the Hare-Hawes-Cutting bill
was vetoed by Pres. Herbert Hoover,
but the Congress overturned his veto and
passed the bill into law
2 3
The immigration quota
was
offensive and one-sided
Quezon worked hard for the law to be rejected by the
Philippine Legislature.
He reorganized the Legislature so as to weed out
supporters of the Hare-Hawes-Cutting Law who also
happened to be supporters of Osmeña. Quezon replaced
them with lawmakers who shared his stand.
Quezon went to the United States to get another law
which in his view would be better than
the Hare-Hawes- Cutting Law
Quezon was informed about the passage of
the Hare-Hawes-Cutting Law, he thought
that it was not a good law.
He worked against its approval by the
Legislature. His reason was that the law ,
as whole, was disadvantageous to the
Filipinos
The power of the
American High Commissioner
were
“too indefinite”
Quezon realized that the chances of
having a better law passed
were very little.
Faced with embarrassment, Quezon
worked with Senator Millard Tydings
and Representative John McDuffie.
4
 The Hare-Hawes-Cutting law was
It was signed by President Roosevelt
re-enacted with practically little change.
on March 24, 1934 with one revision:
“the retention of naval reservations and
It was understood that where inequalities fueling stations”
existed, these could be corrected later.
instead of
“the retention of military and other
It was assured by no less than reservations”
President Franklin Roosevelt.
The Commonwealth government was a
Closer scrutiny would reveal that transition government preparatory to
there was also a serious reason. granting of independence.
It was a period of adjustment of solving
The Tydings-McDuffie Act
many problems that confronted the nation as
removed the retention of it marched towards its goal of complete
US Military bases on Philippine soil. emancipation from foreign rule.
1 2
National Security
2
The 1st law Quezon recommended to be passed by the Social Problem
National Assembly was the National Defence Law.
Agrarian Problems during the Commonwealth could be
It provided for a citizen army composed of trainees who traced to the Spanish period. The conditions of the
masses led various agrarian uprising under the Spanish
are 21 years old. He also appointed General Douglas
MacArthur as Field Marshal of the Philippine Army rule. In 1920’s the so called Colorums took up arms
against the authorities to show displeasure over existing
conditions.
Quezon’s fear that if he allowed
the acceptance of the
Hare-Hawes-Cutting Law
which was the fruit of Os-Rox Mission,
Osmeña would have an advantage
if he were to run as
President of the Commonwealth.
1
National Security
US was not prepared to defend the Philippines as their
colony. Japan’s expansionist goal in the region would
certainly include the Philippines as an object of conquest
and the US would not be able to do anything about it.
Social Problem
The social discontent was well-illustrated by the Sakdal Uprising
in 1935 (founded by Benigno Ramos).
Sakdalistas identified themselves as peasants. It attacked graft
and corruption in the government. It also fought for immediate
independence.
Sakdalistas revolted against the government on May 23, 1935.
The government suppressed the uprising and punished those
whop participated in it. Ramos fled to Japan
5
2 Social Problem
The rise of socialism and communism among the
lower classes, peasants and workers.
Through unions and associations they worked for
reforms, but they were met with state violence and
outlawed.
3 Economic Problems
The Free trade between the Philippines and the
United States. It led the Filipinos to depend
almost exclusively on the American market and
neglect the other foreign markets.
4 Language problem
National Assembly to pass a law providing for the
creation of National Language Institution (it would
study the language problem). Upon it’s recommendation ,
Quezon proclaimed that Tagalog would be used as the
basis of the language.
2 Social Problem
3
Quezon’s policy of Social Justice for everyone. Economic Problems
“harmonize property right with the right to live – and the right
to live is paramount and above every other right.”
The Chinese had been dominating
But the government did not have enough money with which to
purchase landed estates, Quezon tried to implement laws to retail trade industry in the country.
improve the welfare of the rural population. However the
landlords and Quezon private circle of friends and supporters
resisted these social justice legislation.
Quezon’s social justice program failed.
3 Economic Problems
4
Quezon made an agreement with President Roosevelt regarding
Language problem
the creation of joint preparatory committee.
The Philippines have more than 100 languages and dialects.
The committee studied the economic problems of the
Commonwealth, it recommended that the free trade relations be
English served as the medium of instruction and
extended so that the Philippines could have enough time to adjust
its economy before the independence. communication. Filipinos had to use a foreign language
to communication with one another.
Some Philippine products would be allowed to enter to United
States in limited quantities while others would enter without
export duties.
5 Japanese threat
5
Japanese threat Quezon recommended the passage of the Immigration
Act, (passed in 1940). It provided that every nation
would be granted an annual quota of 500.
Japanese in the Philippines were becoming strong.
The Japanese view this as an directed against Japan and
They had been developing Davao as their special denounced the law as anti-Japanese
economic province, the political leaders view that
increasing economic strength of the Japanese in
Mindanao might endanger the security of the
Philippines.
6
 1 2 2
Foreign Trade Transportation and Communication Transportation and Communication
1933 Php. 346,000,000 Inter-island shipping was encouraged and Telephones and wireless services were improved and
the railway lines were improve and radio broadcasting was inaugurated in Manila.
1936 Php. 520,000,000 extended to La Union and Albay.
(The number of families owning radio sets was
Transportation and communication more than 60,000)
Foreign Trade was made possible
accessible at relatively cheap fare
through the ports of Manila and (increase of number of buses, cars, vessels ,
Southern Luzon. taxicabs and airfields)

3 4 4
National Economic Council Public welfare Public welfare
The primary duty was to “advise the The government strengthened certain agencies People with mental illness, Welfareville, the Settlement
government on economic matters” like the bureau of Public Welfare, the children of poor families House and Child Welfare
Associated Charities and the National Relief and delinquent children Division
The National Development Company was
Administration. Full or part time jobs by the National
reorganized to make it more efficient and responsive
to the needs of the people. Jobless Relief Administration
This is to improve and extend the scope of service to ( distributed food to victims of natural
It also established government companies such as the the people, especially to the poor. calamities)
National Food Products Corporation, National Rice
and Corn Corporation, and other whose main duty Women’s suffrage was passes in 1937
was to protect the people from being exploited by
unscrupulous producers or merchants.

5
Arts and Literature
The government sponsored contest and
competitions for artist and writers.

• National contest on writing the

biography of Rizal in 1936

• Commonwealth Literary Contest in

Tagalog, English and Spanish
(recommendation of Philippine Writers League)

Lecture 9

7
 “Yesterday, December 07, 1941 - a date
which will live in infamy, the United States
of America was suddenly and deliberately
December 7, 1941 (Hawaiian time) attacked by the Naval and Air Forces
of the Empire of Japan”
Japanese bombers attacked the
American fleet in Pearl Harbor, Hawaii
“ I Pledged the word of Great Britain about a
month ago that should the United States be
involved in a war with Japan a British
Declaration of war would follow within the
hour…

Japanese naval, military and air forces General Douglas MacArthur

took offensive against the United
States, Britain and Holland
He declared it an open Japanese did not honor the declaration
city. of the open city.
Their colonies in Asia were attacked:
All guns & others They continued bombing Manila.
Philippines and Indonesia. defences were withdrawn
from Manila.

Destruction of properties and building like:

• the old Santo Domingo Church
• San Juan de Letran College
• Santa Catalina College
• and offices of the newspapers
(El Debate, Mabuhay, Philippines Herald and
Monday Mail).
Japanese forces entered and
occupied Manila on
January 2, 1942
Quezon was very sick when the war broke out.
In order to save him from the Japanese
who were driving towards Manila,
Jose Abad Santos Pres. Quezon and Family VP Sergio Osmeña
MacArthur suggested that Quezon his family
together with Vice President Osmeña and his
family as well as few others should go to
Corregidor
Corregidor

8

(December 30, 1941)
Quezon took his oath of office to mark
the beginning of his 2nd term as
President of the Commonwealth.
The American commander
in Bataan surrendered
on April 9, 1942
(because of hunger and diseases, and
also enemy bombs and canon fire).
1 Government Reorganization
Bataan and Corregidor began to take
heavy attacks from Japan.
The help that MacArthur
and the Filipinos were expecting from
the United States did not come
Hundreds were killed
during the transit of
Filipino & a few American
prisoners of war
to Capas, Tarlac.
(Death March)
General Masaharu Homma
(Japanese Commander-in Chief)
ordered the reorganization of the
central government
Central Administration Organization
President Roosevelt ordered
Quezon to be transferred to
Australia.
He also ordered MacArthur
to fly to Australia.
The Japanese were now free devote their
entire offensive against Corregidor.
It suffered from the almost ceaseless bombing
attacks of the enemy.
In May 6, General Jonathan Wainwright
surrendered the Philippines to the Japanese
2 Educational Policy
To gain the sympathy of the Filipinos
It would be based on the
Spiritual rejuvenation of the Filipinos;
Propagation of Filipino culture;
Propagation of Japanese language & culture; the
encouragement of vocational & elementary
education
9
3 The Second Republic
The Japanese authorities
in Japan decided that the Philippines
should be given independence
September 25, 1943
the National Assembly elected
Jose P. Laurel
as President of the 2nd Republic and was
inaugurated on October 14, 1943.
Quezon was very sick and died
(Aug. 1, 1944) at
Saranac Lake, New York.
He was succeeded by
Vice President Sergio Osmeña
MacArthur was the military
administrator and he turned over the
reins of the government to
President Osmeña (Feb.27, 1945).
MacArthur
proclaimed the Liberation of the
Philippines from the Japanese (July 4)
Quezon & his party left Corregidor in
February 1942
They went to Australia & there they took a
boat to San Francisco
then by train reached Washington DC
MacArthur felt
that it was time to return to the
Philippines.
MacArthur landed
in Lingayen, Pangasinan on
January 9, 1945.
President Harry Truman
(United States)
and
Prime Minister Winston Churchill
(England)
both demanded for Japan to surrender
Quezon reorganized the
Commonwealth government.
Because of war conditions, they thought it
wise to extend the presidency of Quezon
beyond his term of office.
Leyte was liberated from the Japanese,
MacArthur reestablished the
Commonwealth (October 23, 1944)
Tacloban was made the temporary
capital of our country.
Japan refused to surrender.
Americans then dropped
atomic bombs on the cities of
Hiroshima & Nagasaki.
Faced with threats of annihilations,
Japan surrendered unconditionally.
10
 Japan signed the terms of surrender
on board the battleship
USS Missouri at Tokyo Bay.

The war in the Pacific was finally over.

GENERAL EMILIO AGUINALDO

President of the First Philippine
Republic
Term: 1898- 1901

Filipino leader
who fought first against Spain
and later against the United States
for the Independence of the Philippines.

SERGIO OSMEÑA JOSE LAUREL

2nd President of the President of the Japanese
MANUEL LUIS QUEZON Sponsored Republic
Commonwealth
1st President of the Term: October 14, 1943
Term: August 1, 1944- May 27,
Commonwealth - August 15, 1945
1946
Term: November 15, 1935-
August 1, 1944 Became the President of the
founder of the Nationalist
Party (Partido Nacionalista) Philippines during the
Filipino statesman, leader of Japanese occupation of World
and President of the
the independence movement War II.
Philippines from 1944 to 1946.

11
 MANUEL ROXAS
Last President of the Commonwealth
Term: May 28, 1946- July 4, 1946
1st President of the Third Republic of the
Philippines
Term: July 4, 1946- April 15, 1948
ELPIDIO QUIRINO
2nd President, Third Republic of the
Philippines
Died: February 28, 1956
Term: April 17, 1948- November 10, 1953

Political leader and first president of the

independent republic of the Philippines.

RAMON MAGSAYSAY CARLOS GARCIA DIOSDADO MACAPAGAL

3rd President of the 3rd
Republic of the Philippines
(Term: December 30, 1953-
March 17, 1957)
Best known for successfully
defeating the communist led
Hukbalahap (Huk)
Movement.
Idol of the masses, champion
of democracy, and freedom
fighter.
4th President of the 3rd 5th President of the 3rd
Republic of the Philippines Republic of the Philippines
Term: March 18, 1957-
December 30, 1961 Term: December 30, 1961 -
December 30, 1965
Famous for his austerity
program and policy. He Poet, politician, lawyer,
maintained the strong diplomat, statesman,
tradition ties with the United economist and intellectual,
States and sought closer
relation with non-communist He was born to poverty but
Asian countries. rose due to diligence and
brilliance.

FERDINAND MARCOS
6th and last President of the 3 rd Republic of
the Philippines
Term: December 30, 1965- December 30, 1973
President of the 4th Republic of the
Philippines
Term: June 30, 1981 - February 25,1986

Philippine lawyer & politician who ruled by

martial law and was ousted by a peaceful
People Power Revolution in 1986.

12
 CORAZON COJUANGCO AQUINO
1st President of the
5th Republic of the Philippines
and
the 1st woman president of the Philippines.
Birthdate: January 25, 1933
Term: February 25, 1986- June 30, 1992
GLORIA MACAPAGAL ARROYO
4th President of the
5th Republic of the Philippines
Term: 2001 - June 2010
The second woman to be swept into the
Presidency by a peaceful People Power
revolution (EDSA II).
Meaning of constitution
“that body of rules & principles in
accordance with which the powers of
sovereignty are regularly exercised”
FIDEL VALDEZ RAMOS
2nd President of the
5th Republic of the Philippines
Term: June 30, 1992 - June 30, 1998
As head of the State his
administration centerpiece
program is
the Philippines 2000;
which aim to uplift the Philippines as a
newly industrialized country by the year
2000.
Benigno "Noynoy" S. Aquino III
15th President of the Republic of the
Philippines
Term: 2010 - Present
Nature or purpose
or
functions of constitution
JOSEPH EJERCITO ESTRADA
3rd President of the
5th Republic of the Philippines
Term: 1998 – 2001
Filipino film actor and director, later
politician. He resigned after the
impeachment trial against him collapsed.
Lecture # 11 Part 1:
Concept of
Constitution
Nature or purpose or functions of constitution
1 Serves as the
supreme or fundamental law
Charter creating the government
Status of a
supreme or fundamental law
Binds all the citizens & all organs
of the government
13
 Assigning powers & duties of the different
Highest level in departments or branches of the government

2
hierarchy of government Establishes basic framework &
underlying principles of government Establish basic principles
All others laws must confer which government is founded
Organic or basic law
Test of legality of
all governmental actions Prescribe the permanent framework of Preserve and protect the
the system of government rights of individuals against
Highest or lowest functionary arbitrary actions

Setting limits on the

unlimited power of the legislature

What is constitutional Law?

What is Branch of public law

constitutional Law? nature, formation, amendment

and interpretation Kinds of Constitution
Refers to the law embodied in the constitution

Principles growing out the interpretation &

application made by the courts.

Kinds of Constitution Kinds of Constitution

(As to their origin & history) (As to their form)

Conventional or enacted Cumulative or evolved Written

Enacted by constituent assembly or Product of growth or long Definite written form at a particular time
granted by monarch period of development
Customs, traditions, judicial decisions Constitutional convention
Example: Constitution of Japan (1889) and others
Example: English Constitutions

14
 Unwritten
Product of political evolution
Mass of customs, usage and judicial decisions
Statutory enactment of fundamental
character usually bearing different dates
English Constitution
Flexible or elastic
Possesses no higher legal authority than
ordinary laws
May be altered in the same way as other laws
3 More security
4 More stable and free from all
dangers of temporary popular
passion
No constitution that is entirely
written or unwritten
Advantages & Disadvantages
of a written Constitution
Disadvantages a written Constitution
1 Difficulty of its amendment
2 Prevents the immediate
introduction of needed changes
3 Hinder the healthy growth and
progress of the state
Kinds of Constitution
(As to manner of amending)
Rigid or inelastic
Document of special sanctity
Cannot be amended or altered except by
some special machinery
Advantages a written Constitution
1 Clearness and definiteness over
an unwritten one
2 Cannot be easily bent or twisted
by the legislature or courts
Requisites of a
good written constitution
15
Requisites of a good written constitution
As to form
a Brief
If it is too detailed, it would lose the
advantage of a fundamental law
If it is not brief it would be necessary to
amend it every once in a while to cover
many future contingencies
Requisites of a good written constitution
As to content
a Dealing with the framework of
government and its power and defining
the electorate.
Group of provisions:
Constitution of government
Lecture # 11 Part 2:
Constitution of the
Republic of the Philippines
b Broad
Statement of the
power and functions of government
and relations between the
governing body and the governed.
b Fundamental rights of the people and
imposing certain limitations on the rights of
the people
Limitation on powers of the government
Group of provisions:
Constitution of liberty
1935 Constitution
Framing & ratification
a. Approval of the Tydings-McDuffie Law/
Philippine Independence Act
(Pres. Franklin Roosevelt: Mar. 24, 1934)
b. Call for constitutional convention
c Definite
If it is not definite
the application of its provisions
to concrete situation may prove unduly
difficult if not impossible.
As to content
c Pointing out mode or
procedure for amending or revising
the constitution
Group of provisions:
Constitution of sovereignty
Framing & ratification
c. Approval of the constitution:177 to 1 vote
(Feb. 8, 1935)
d. Approval of Pres. Roosevelt of the
constitution together with the
independence law (Mar. 23, 1935)
e. Ratification of the Constitution by Filipino
electorate (May 14, 1935)
16
 1935 Constitution
Limitation and conditions
Limits the authority of the Filipinos
In a republic form,
should include a bill of rights
Sources
Did not contain original ideas of the government
Influence by:
United States Constitution
1898 Malolos Constitutional
Instruction of Pres. William McKinley to the
2nd Philippine Commission (April 1900),
Philippine Bill (July 1902)
Jones Law (August 1916)
others
1973 Constitution
Framing
a. Constitutional Convention in 1971:
Resolution of both Houses No. 2 (Mar 16,
1987) amended by Resolution No. 4 (Jun
17, 1969)
Limitation and conditions
Should contain certain provisions
intended to define the relationship of
Philippines and United States
Scope
For the
Commonwealth and Republic
b. Republic Act No. 6132 (Aug 24, 1970)
setting Nov. 10 1970 as election of the
delegates to the convention
c. Rewriting of the Constitution
(June 1, 1971)
d. Proposed constitution was signed
(Nov 30, 1972)
Limitation and conditions
Cease to operate during the
Japanese occupation (1942-1944)
Amendments:
1. Establishing a bicameral legislature
2. Allowing re-election of the President and
Vice President for 2nd four-year term of
office
3. Creating Commission of Election
4. American citizens equal rights with
Filipinos in exploitation of natural
resources & operation of public utilities
Women suffrage: settled in a plebiscite
(April 30, 1937)
Proclamation No. 1081: Martial law
September 21, 1972
Placing the entire country under
martial
17

Approval by Citizens Assemblies
a. PD No. 86 (Dec 31, 1972) creating Citizens
Assembly
PD No. 86-A: role of Citizens
Assembly (barangay)
To broaden citizen’s participation
1973 Constitution
Amendments
Amended on four occasions
a. Incumbent President: Regular & regular
Prime Minister
a. Granting the law-making powers to the
President
1987 Constitution
Framing & ratification
Created under Article V of Proclamation
No. 3 issued on Mar. 25, 1986
Provisional Constitution
or
“Freedom Constitution”
1973 Constitution
b. Barangay conduct a referendum on
national issues. Ratification by Presidential
proclamation
Approval of the constitution
95% of the members of the barangay were in
Need for a plebiscite favor of the new constitution
Proclamation No. 1102 certified and
proclaimed the Constitution
c. Establishment of a modified
parliamentary form of government
d. Permitting natural-born citizens who have Lecture # 12 part 1:
lost their citizenship to have a private land
for residence
e. “grant” of public domain to qualified
Introduction to
citizens
f. Urban land reform and social housing
1987 Constitution
program
Framing & ratification
Framing & ratification
a. Proclamation No. 9: “Law governing the
c. October 12, 1986: Approval of the
constitutional commission of 1986”
- more than 50 national, regional and sectoral
Constitution
-after 133 days of work by a vote of 44-2
representative appointed by the president
- 42 men & 6 women
d. Final session: final session of Constitutional
b. June 2, 1986: Batasang Pambansa Commission.
Building in Diliman Quezon City
-Working Draft: Malolos Constitution of 1898, e. Feb. 2, 1987: people ratified by a plebiscite
1935 & 1973 constitution, committee discussion,
public hearings, plenary session & others
18
 1987 Constitution
Merits & demerits of an appointive
framing body
It is not expensive and time consuming
Lack of independence & suspicion
of pressure even manipulation
by the appointing body
1987 Constitution
Rule of the majority
Unwritten law of popular government
The wishes of majority prevail over those of
the minority
Rule of the majority
c. Three-fourths of all its member:
Amendment or revision in the
Constitution may be proposed by
congress
d. Decision of Supreme Court en banc
should be majority
1987 Constitution
Basic principles underlying the
new Constitution
Fundamental principles of government
which have become part & parcel
of our cherished democratic
heritage as people
Rule of the majority
a. Majority vote
- election of leaders of Congress
- Congress granting amnesty
- tie in election for President or
Vice President shall be chosen by the
majority vote of all members of both
houses of Congress
1987 Constitution
Government of law and not men
No man nor government is above or beyond
the law
Law must be obeyed by all and applied to
everyone.
Basic principles underlying the
new Constitution
1. Recognition of the aid of Almighty God
(Preamble)
2. Renunciation of war as an instruments
of national policy (Art II Sec 2)
3. Separation of the people (Art II Sec 6)
And others...
Rule of the majority
b. Two-thirds majority
- all its respective members
- suspension of a member of Congress
- Declaration of the existence of War
- reconsider a vetoed bill
- judgement of conviction in
impeachment cases
Lecture # 12 part 2:
Preamble
19
 Preamble
Latin word preambulare: “to walk before”
Introduction to the main subject
Prologue of the Constitution
Preamble
No integral part of our Constitution.
It cannot be invoked
as source of private right
Not a source of power or right
for any department of government
Preamble
Invoked in in the
interpretation and construction
of constitution proper
Embodies the general purpose sought
to be achieved by the Constitution

Aims Preamble Preamble We, the sovereign Filipino people,

imploring the aid of Almighty God....
We, the sovereign Filipino people, imploring the
1. States & indentifies the sovereign
aid of Almighty God, in order to build a just & Source of Constitution’s authority
power that ordains the Constitution
humane society & establish a Government that
shall embody our ideal & aspirations, promote “Filipino people”:
2. States the aims or general purposes for themselves not just the representatives
the common good, conserve & develop our
which the constitution was ordained signify their oneness & solidarity
patrimony & secure to ourselves & our prosperity
the blessing of independence & democracy under
the rule of law & a regime of truth, justice,
freedom, love ,equality, and peace, do ordain &
promulgate this Constitution

We, the sovereign Filipino people, aid of Almighty God in order to build a We, the sovereign Filipino people, imploring the
imploring the aid of Almighty God.... just and humane society aid of Almighty God....

Source of Constitution’s authority Not possible without the aid of Declare & affirm the belief of people in the
“Sovereign people”: Almighty God existence of a Supreme Being
1st person approach (“we” and “our”) “ overruling power of God over the affairs of
nations & all human beings”
Constitution
out of their own authority and
not from others

20
... establish a Government that shall embody
our ideal & aspirations...
Ideals of the Filipinos people
Aspirations of the Filipino people refers to
unrealized dreams of the nation
... freedom...
From wants and from fear but
not to do anything
... love...
The role it plays in every society
Changes in the preamble
General Welfare change to Common good
General welfare:
welfare of the majority
Common good:
used refers to all the people
... promote the common good...
Not only the well-being of the community
but covers the full development of every
individual living in a community.
Personal interest of the individuals in the
community
... equality...
Law shall not discriminate against any
person
... Peace...
Maintenance of law & order shall
reign in our land
Changes in the preamble
Freedoom instead of liberty
Want, fear and ignorance
... truth...
Facts may not be hidden or distorted
... justice...
Everyone gets what may be due for him
and
does not deprive others what is due them.
Changes in the preamble
Divine Providence change to
Almighty God
“Divine Providence”:
considered vague & impersonal
“Almighty God”:
more personal & direct
Changes in the preamble
Independence change to democracy
Denotes the idea of a colonial status
21

PolSci
Lecture # 12 part 3:
embraced therein, & all other territories over which the
Article I:
including its territorial sea, the seabed, the subsoil, the
National Territory
The waters around, between & connecting the islands of
the archipelago regardless of their breadth & dimension,
Archipelago theory is an exception to the
3 mile rule (now 12 mile rule)
Fatal effect of the Application
-dismemberment of the archipelago
(Sibuyan sea separating Visayas and Mindanao strait &
Sulu isolating Palawan)
- some Philippine waters would be international
water or high sea
-Loosing a large part of our territory in both side
of the archipelago
Treaty between US & Great Britain:
Turtle and Mangsee islands situated between
Borneo and Sulu
Islands of Batanes: Integral part of
Philippine Archipelago
Article I: National Territory Archipelago
The National territory comprises the
Philippine archipelago, with all the islands & waters
From Greek word pelagos meaning “sea”
Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial & aerial domains,
Sea or part of a sea studded with islands or
island group
insular shelves, and other submarine areas.
form part of the internal waters of the Philippines.
Extent of Philippine Territory
Philippines as a single nation & a
United State
-Reiterated the reason why over 7,000 Philippine archipelago with all the
islands should be treated as one: ruled by a
islands and water embraced therein:
whole unitary government, bound by
Territories ceded by Spain to US under
common heritage and others
Treaty of Paris (Dec. 10, 1989)
Archipelago principle fully recognize
by UN law of the Sea Convention Islands embraced in Treaty of Washington
- 12 mile rule will still result to some pockets (Dec. 7, 1900) between US and Spain:
in sea between some islands Cagayan, Sulu and Sibutu & their dependencies
Extent of Philippine Territory Sea bed
Territorial sea Land holding the sea that lies beyond the
seashore
Marginal belt, marginal sea or marine belt
Subsoil
Part of the sea extending 12 nautical miles
into the sea from the low water mark. Soil below the surface soil, including
minerals and natural resources
200 nautical mile EEZ:
Exclusive Economic Zone
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Insular Shelves
Shallow belts of sea-bottom bordering the
land mass, outer edges of which sink
considerably until the great ocean depths are
reached
Other submarine areas
All other areas under the territorial sea
3 fold division of navigable waters
Territorial Sea
The belt of water outside and
parallel to the coastline or to the outer limits
of the inland or internal water
High or open sea
Waters that lie seaward of the territorial sea
Internal waters of the Philippines 3 fold division of navigable waters
All waters around between and connecting Inland or internal water
the islands of archipelago regardless of
breadth and dimensions Parts of the sea within the land territory
“national waters”
Aerial domain
Air space over the land and water territory of
the Philippines
Other territories over which the
Philippines has sovereignty or
jurisdiction
Pending Philippine claims to different
territories Sabbah
Future claim by the Philippines to other
areas
Philippines’ Claim Malaysia’s Claim
Historical Family linkage between sultan of Malaysia contends that the territory was
Brunei, who in the 17th century gave Sabah to purchased by the British North Borneo
his relative, sultan of Sulu, which is RP Company
territory
Formation of the Malaysian state (31 August
1798 - the territory was leased to the British 1957) the Federation of Malaya was established
North Borneo Company and brought under on the Malay Peninsula, while Britain kept
direct British control in 1946. Singapore, Sarawak, Brunei, and British North
Borneo (Sabah) outside the federation
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Federation of Malaysia
On 12 May 1961 the Malay prime minister
Tunku Abdul Rahman proposed the founding
of the Federation of Malaysia - the political
union of Malaya, Singapore, Sarawak, and
Sabah
Following a September 1962 referendum, an
Anglo-Malay commission reported that a
majority of the population was in favor of
integration
Jabidah Massacre – aka Corregidor Massacre
Jabidah
Philippine president Marcos indicated at the
second ASEAN summit in Kuala Lumpur in
August 1977 that the Philippines would take
steps to waive the claim to Sabah, though no
formal action was taken
Marcos Regime
28 to 64 Moro recruits undergoing training
for sabotage, jungle warfare, and guerilla
tactics in Corrigidor Island,
just off Manila Bay, were executed by their
military trainers in late March 1968
MILF
Tensions flared again in the early 1970s
when the largest Muslim separatist group in
the Philippines, MILF, began to receive
material support from the Sabah chief
minister, Tun Mustapha
The proposal infuriated the
Philippines
RP laid claim to Sabah in June 1962 and tacitly
allied itself with Indonesia, whose president
Sukarno began a low-intensity conflict with
Malaya known as Konfrontasi in January 1963
August 1967 - ASEAN was established. Yet in
September 1968, the Philippine Congress
published maps showing Sabah as part of the
Philippines, causing Malaysia to sever ties
until December 1969
Jabidah
It was widely believed that the purpose of the
training was a secret preparation for the
Philippine Military operation in Sabah-code
named “Operation Merdika” (Operation
independence)
Revelation of Jibin Arula (the lone survivor)
that they were shot because they refused to
follow the order of their military trainers to
invade Sabah
Aquino and the 1987 Constitution
President Corazon Aquino,
submitted legislation to the
Philippine congress in November 1987 to
formally withdraw the territorial claim,
though the congress did not act on the
legislation.
The 1987 constitution, however, does not
include Sabah in its definition of Philippine
territory
24
 Spratly Islands

“Controversial Islands of more than

100 reefs, islets and islands in the
South China Sea between the
Philippines and Vietnam”

Spratly Islands Spratly Islands Spratly Islands

Claimed: Claimed: “Spratlys are more significant as

• Vietnam • Vietnam territorial markers than as places of
• China • China Entirely habitation.
• Taiwan • Taiwan There are no native islanders but there
are rich fishing grounds and initial
• Malaysia • Malaysia
part surveys indicate the islands may contain
• Philippines • Philippines significant oil and gas.”

Philippines claim of Spratly island? Philippines claim of Spratly island?

“Philippines will not claim the Spratly’s

because it is part of the”
• 200 Nautical miles exclusive Economic
(Law of seas)
• Obliged to defend its territory by filing a
claim instead of order to move out

25