TRIPARTITE SYSTEM IN THE PHILIPPINES

PHILIPPINE
GOVERNMENT

EXECUTIVE LEGISLATIVE JUDICIARY

- Power to apply the laws to
- Responsible - Deals with the contests or disputes concerning
for the making, deliberation legally recognized right.
execution and over, enactment,
administration amendment and
repealing of law.
of law
PRESIDENTIAL SYSTEM

- The executive branch of the government is dependent

of the legislature.
- The powers of the government are distributed to
executive, legislative and judicial branches.
- The Chief Executive is also the head of the state, as
well as the members of legislature are elected by the
people.
- The CE can be removed in the office through
impeachment.
- The CE can cannot dissolve the legislature at any
point in time.
PARLIAMENTARY SYSTEM

- The executive branch is part or parcel of the

legislature.
- Fusion between executive and legislative branch.
- Members of the legislature are elected by the people.
- The CE is elected by the members of the legislature
from the majority party.
- The CE can stay as long as he enjoys support from
the body and can be removed anytime if the body
cast their votes of no confidence to him.
- The CE can dissolve the legislature.
DE JURE OR LEGITIMATE

- Established through legal or constitutional means

and therefore, clothed with the authority and
power to administer the nation.
DE FACTO OR ILLEGITIMATE

- Established through unconstitutional or unlawful

means like revolution, secession and military
occupation.
LIBERAL DEMOCRACY

- A democracy founded on the ideology of

liberalism.
Three Varieties of Liberal Democracy:
1. Established Democracy – managed to persist
over substantial period of time.
2. Transitional Democracy: persist for a short period
of time and then reverts to the old state of
authoritarian rule.
3. Façade Democracy – military or dynastic regime.
AUTHORITARIANISM

- Rests more upon the obedience of the citizens

than upon their consent.
Varieties of Contemporary Authoritarianism:
1. Communist State – the important decision of the
state is handled by a central core of political
leaders.
2. One-Party State – single political party governs
the state.
3. Military State – group of officers take over the
government by means of coup’d’etat.
AUTHORITARIANISM

4. Dynastic or Court Regime – a family of rulers

takes turn in governing the state.

5. Theocratic State – governed by religious leaders.

 INTRODUCTION
Every state has had a constitution
of some kind whether it be an elaborate
document or just a collection of rules. It is
inconceivable how a state could exist or
survive without a constitution of some
form.
The foundation of the system of
government of the Philippines is the
constitution.
 CONSTITUTION
DEFINED
: In its broad sense, the term
constitution refers to the “body of rules and
principles in accordance with which the
powers of sovereignty is regularly
exercised.”

Etymology:

Latin word “CONSTITUO” which

means “fixed”, “established”, or “settled”
CONSTITUTION DEFINED:
 “Constitution is a written instrument
(document) by which the fundamental
powers of government are established,
limited, and defined, and by which
these powers are distributed among
several departments for their safe and
useful exercise for the benefit of the
body politics”.
- Justice Miller, US
Supreme Court
 NATURE AND PURPOSES
1. Serves as the supreme or
fundamental law.
 It is the Charter creating the government.
 It is binding to all individual citizens and all
organs of the government.
 It is the law to which all other laws must conform.
 It is the test of the legality of all governmental
actions.
 NATURE AND PURPOSES
2. Establishes the basic framework and
underlying principles of government.
 Prescribes the permanent framework of the
system of government, and assigns to the
different department or branches, their respective
powers anD duties. (Art. I)
 To establish certain basic principles on which the
government is founded. (Preamble, Art. I)
 Designed to preserve and protect the rights of the
citizen against the Powers of the State. (Art III)
C ONSTITUTIONA L LA W

 It is defined as the branch of public

law which deals with constitution: their
nature, formation, amendment, and
interpretation.
 It is also the law embodied in the
Constitution as well as the principles
growing out of the interpretation and
application made by the courts,
specifically the Supreme Court.
 T YPOLOGY OF C ONSTITUTION

Constitution may be classified as follows:

1) As to origin and history:

a) Conventional or enacted— one which is enacted by

a constituent assembly or granted by a monarch to
his subjects ( e. g. Constitution of Japan)

b) Cumulative of evolved—one which is a product of a

long period of development originating in customs,
traditions, judicial decisions etc, rather than from
deliberate and formal enactment. (e. g. English
Constitution)
 T YPOLOGY OF C ONSTITUTION

Constitution may be classified as follows:

2) As to form:

a) Written Constitution—one which has been given

definite form at a particular time, usually by a
specially constituted authority called a
“constitutional convention” or “constitutional
commission”.

b) Unwritten Constitution—one which is entirely a

product of political evolution, consisting largely of a
mass of customs, usages, and judicial decisions.
 T YPOLOGY OF C ONSTITUTION

Constitution may be classified as follows:

3) As to manner of amending them:

a) Rigid or inelastic—one regarded as a document of

special sanctity, which can not be amended or
altered except by some special machinery other
than ordinary legislative process.

b) Flexible or elastic—one which possesses no higher

legal authority than ordinary laws and which may
be altered in the same way as other laws.
 REQUISITE OF A GOOD WRITTEN CONSTITUTION

1. BROADNESS – it has to be comprehensive to

embody all the essential functions and powers of
the government.
2. BREVITY – Brief and concise. It should not be
lengthy or detailed as the only the essentials of
government should be embodied in it.
3. DEFINITENESS – the provisions of the supreme
charter of land should be definite and clear to
avoid errors and ambiguity in their interpretation.
 E S S E N T I A L PA R T S O F C O N S T I T U T I O N

1. CONSITUTION OF GOVERNMENT – Provides framework

for the establishment of government by defining the powers
of government and assigning to executive, legislative and
judicial branches.
2. CONSTITUTION OF LIBERTY – Specifies the rights and
freedoms of the people. This serves for the protection of
people against abuses of the government.
3. CONSTITUTION OF SOVEREIGNTY – Stipulates the
manner by the people can exercise their sovereign power
to approve, alter and modify the fundamental law of the
land.
 THE
1987 PHILIPPINE
CONSTITUTION IS THUS A
CONVENTIONAL/ENACTED,
WRITTEN, AND
RIGID/INELASTIC
CONSTITUTION.
PROS AND CONS OF A WRITTEN
CONSTITUTION

 It has the advantage of clearness and

definiteness over an unwritten one. Since the
written constitution is a binding document,
the rights of the citizen is more secured.
 Its disadvantage lies in the difficulty of its
amendment . This prevents the immediate
introduction of needed reforms and may
thereby retard the healthy growth and
progress of the State.
C ONSTITUTION OF THE
REPUBLIC OF THE
PHILIPPINES

1) The 1935 Constitution

Ratified on May 14, 1935

Features: a) Established the Commonwealth

Government.

b) Provided a
Democratic and
Republican government

c) Inclusion of the Bill of Rights

C ONSTITUTION OF THE
REPUBLIC OF THE
PHILIPPINES

2) The 1973 Constitution

Ratified on January 17, 1973

Features: a) Establishment of a modified

parliamentary government.

b) Suspension of the Bill of Rights.

c)Has given greater power to the

Executive Department.
 C ONSTITUTION OF THE
REPUBLIC OF THE

Ratified on February 2, 1987

Features: a) Reinstitution of a Democratic

Government.
b)Separation of Church and State.
c) Sovereignty of the people.
d) Renunciation of war as a national policy.
e) Supremacy of Civilian authority over the
military.
f) Separation of Powers
 PREAMBLE

 From Latin “preambulare” which

means “to walk before”.
 Itis an introduction to the main
subject.
 It is the prologue of the Constitution.
PREAMBLE: PURPOSE
AND VALUE
 1)
Sets down the origin and
purposes of the constitution.
 2)May serve as an aid in its
interpretation.

Note: The preamble has no legal

implications.
 PREAMBLE

We, the sovereign Filipino people, imploring the

aid of Almighty God, in order to build a just and
humane society, and establish a Government that
shall embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony,
and secure to ourselves and our posterity, the
blessings of independence and democracy under the
ruleoflawandaregimeoftruth,justice,freedom, love,
equality, and peace, do ordain and promulgate this
Constitution.
 ARTICLE I:
NATIONAL TERRITORY
The national territory comprises the Philippine
archipelago, withall the islands and waters embraced therein,
and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its , and including its
territorial sea, the seabed, the subsoil, the insular shelves, and
other submarine areas. The watersaround, between, and
connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the
Philippines.
 ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
PRINCIPLES
Section 1. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority
emanates fromthem.
Section 2. The Philippines renounces waras an instrument of
national policy, adopts the generally accepted principles of
international lawas part of the lawof the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity
withallnations.
 ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
Section 3. Civilian authority is, at all times, supreme over the
military. The Armed Forces of the Philippines is the protector of the
people and the State. Its goal is to secure the sovereignty of the
State and the integrity of the national territory.
Section 4. The prime duty of the Government is to serve and
protectthe people. The Government may call upon the people to
defend the State and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal,
military or civilservice.
 ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES

Section 5. The maintenanceof peace and order, the

protectionof life, liberty, and property, and promotion of
thegeneral welfareare essential for theenjoymentby all
thepeople of theblessings of democracy.

Section 6. The separation of Church and Stateshall

be inviolable.
 ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
STATE POLICIES
Section7. The State shall pursue an independent foreign policy. In its
relationswithother states, the paramount considerationshall be national
sovereignty, territorialintegrity, national interest,and theright toself-
determination.

Section8. The Philippines, consistentwiththe national interest,

adoptsand pursues a policyof freedomfrom nuclear weapons
in its territory.
 ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
Section 12. The State recognizes the sanctity of family life and shall
protectand strengthen the family as a basic autonomous social
institution. It shall equally protectthe life of the mother and the life of
the unborn from conception. The natural and primary right and duty
of parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the
Government.
Section 13. The State recognizes the vital role of the youth in
nation-building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being. It shall inculcate in the
youth patriotism and nationalism, and encourage their involvement
 ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES

Section14. The State recognizes therole of womenin nation-building,

and shall ensure thefundamental equality before thelawof womenand
men.

Section25. The State shall ensure the autonomy of local governments.

(seeArt. X)
 2 ND PRELIM PAPER

Research on the issue of the Philippines- China dispute

over the Spratlys Island. Use the following rubric/format and
answer the following questions:
 Introduction ( historical background of the dispute, claimant of
the territory, location on the globe.)
 Discussions: how did the dispute began? What are the
reasons for the dispute? How did UN respond to the issue?
What are the Philippine government’s argument in claiming
some part of the island?
 Resolution: a) Recent developments.

b) What is your stand regarding this issue? Do

we continue to claim the territory even in the
provocation of a war?