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by Ms. Mary Grace P.

Ronquillo

I. Definition of Constitution II. Political Genesis of the Constitution III. Essential Parts of the Constitution IV. Articles of the 1987 Philippine Constitution V. Elements of the State VI. Kinds of Government VII.Inherent Powers of the State

- is the body of rules and maxims in accordance with which the powers of the state are habitually exercised. (Cooley) - is the organic and fundamental law of the state. (Blacks Law Dictionary) Principle of Supremacy of the Constitution If a law violates any norm of the constitution, that law is regarded as null and void. Hence, it has no effect because the Constitution is supreme over other laws.

Constitution Biak na Bato Constitution Malolos Constitution

Date of Ratification November 1, 1897 November 29, 1898

1935 Constitution
1943 Constitution 1973 Constitution 1986 Constitution 1987 Constitution

May 14, 1935

January 17, 1973 March 24, 1986 February 2, 1987

A. Constitution of Government (Art. VI-XI) B. Constitution of Liberty (Art. III-V, XII-XV) C. Constitution of Sovereignty (Art. XVII) Note: The Preamble is not an essential part of the Constitution.

Art. I Art. II Art. III Art. IV Art. V Art. VI Art. VII Art. VIII Art. IX

The National Territory Declaration of Principles and State Policies Bill of Rights Citizenship Suffrage Legislative Department Executive Department Judicial Department Constitutional Commissions

Art. X Art. XI Art. XII Art. XIII Art. XIV

Local Government Accountability of Public Officers National Economy and Patrimony Social Justice and Human Rights Education, Science and Technology, Arts, Culture and Sports Art. XV The Family Art. XVI General Provisions Art. XVII Amendments or Revisions Art. XVIII Transitory Provisions

A. People - refers to the inhabitants of a state bind by law, living together for the purpose of mobilizing a polity. - it includes citizens, inhabitants and the electorate.

B. Territory - is the geographical profile of a state that includes terrestrial, fluvial and aerial domains. Art. I The National Territory The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

C. Government - is the agency/instrumentality of a state through which the will of the people is formulated, expressed and carried out. Three Branches the Government: 1. Executive implement/administer the laws. 2. Legislative enact, amend, repeal or revise the laws. 3. Judicial interpret/construe the meaning or substance of the laws.

D. Sovereignty - is the supreme power of the state to exact obedience to its laws upon its citizens.

Kinds of Sovereignty: 1. Internal Sovereignty the power of the state to control and govern its people within its territory. 2. External Sovereignty the freedom of the state from external control or intervention.

A. As to the Number of Ruler/s 1. Monarchy one man rule. The power is usually vested in the King or Queen of a Royal Family. 2. Oligarchy the power is vested in few individuals or in a dominant class/group in the society. 3. Democracy rule by the mob or the power is vested in the people. a. Direct Democracy the people directly run the government. b. Indirect Democracy/Republican the people choose their representatives to govern them in public affairs.

B. As to the Extent of Authority 1. Central/National exercises control and authority throughout the territory of the state. 2. Local exercises control and authority only through their a particular political subdivision (e.g. province, city, municipality, barangay).

C. As to the Extent of Powers 1. Unitary all powers are centralized in the national government and devolved into the local government units. 2. Federal there is a division of powers and functions between the federal government and local government units.

D. As to the Government System 1. Presidential based on separation of powers. The powers of the executive, legislative and judicial branches of the government are separated from one another; however they are coordinated and co-equal. 2. Parliamentary the executive and legislative powers are fused or merged into one through the creation of a Parliament.

E. As to the Nature of Power 1. De Jure the government has a rightful title but no actual power or control over the people to execute its functions. 2. De Facto the government is exercising actual power or control over the people but without a rightful title to execute such functions.

A. Police Power - is a fundamental right of a state to enact laws or regulations to promote the general welfare of the people in relation to the right of and enjoyment of persons to life and property. (Law of Overriding Necessity) - is based on the Principle of Salus Populi Suprema Est Lex (the welfare of the people is the supreme law).

B. Taxation - is the power of the State to levy or impose charges upons persons, property or institutions, as may be defined by law in order to defray the expenses of the government and to enable it to fully discharge its functions.

C. Eminent Domain - is the power of the state to acquire, confiscate, or take private property for public use upon payment of just compensation. - can be exercised by private authorities.