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The PREAMBLE
1987 Philippine Constitution
What is a Preamble?
What is a Preamble?
Does not confer any right, imposes no duty and creates no office
Functions:
1. Indicates the author of the Constitution 2. Enumerates the primary aims and expresses the aspirations of the framers of the Constitution 3. Aids the construction and interpretation of the Constitution
Patrimony
Posterity
Benefit of the greater majority is the paramount concern Will of the majority is expressed through peoples representative in the government
Personal interest is subordinate to universal interest
Sovereignty resides in the people and all government authority emanates from them. (Sec. 1, Art. II)
RECALL- voters can remove an elected official INITIATIVE REFERENDUM to accept or to reject a ballot question
Existence of the bill of rights Observance of the rule of majority Observance of: government of laws and not of men State cannot be sued without its consent Legislature cannot pass irrepealable laws Process of election
The government as the servant of the people, not the other way around
Duty of the citizen to defend the State from any external aggression
No official religion The State cannot set up a Church Freedom to profess belief or disbelief in any religion Freedom of religious ministers to exercise their calling Cannot be punished for entertaining or professing religious belief or disbelief
Foreign Relationship
The State shall pursue an independent foreign policy (Sec. 7, Art. II) Paramount considerations:
1. 2. 3. 4. National sovereignty Territorial integrity Right to self-determination National interest
Social Justice
Equality vs Equity
Human Rights
The State values the dignity of every human person and guarantees full respect for human rights. (Sec. 11, Art. II)
Commission on Human Rights
Chairman and 4 members Majority are required to be lawyers Natural-born Filipino citizens
Labor
Labor
Education
Youth
Women
Family
Rerum Novarum (Leo XII) - limited in number but anterior to every kind of State or nation Basic unit of society Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.
Miscellaneous
Former SC Chief Justice Isagani Cruz the greatest flaw of the 1987 Constitution is its verbosity Indigenous cultural communities, agrarian reform, urban land reform and housing, health, science and technology, language, arts and culture, and sports
General Provisions
Article XVI, 1987 Philippine Constitution
It was first flown in Kawit, Cavite on June 12, 1898 during the declaration of Philippine independence by Emilio Aguinaldo
shall be red, white and blue with a sun and three stars Design cannot be changed by mere statute
No legal right against the authority which makes the law on which the right depends
Principle of sovereign equality among States
Military Policies