Social Science - Political Science, Constitution and Structure of the Government (GENED)

 

Subject	General Education
Topic	Social Sciences
Subtopic	Evolution of Philippine Constitution, Forms and Structure of Government
Objective	The student will be able to discuss the evolution of the Philippine Constitution and difference forms and branches of the Government

Discussion

Constitution is defined as a set of fundamental principles or established precedent according to which a state or other organization is governed, thus, the word itself means to be a part of a whole, the coming together of distinct entities into one group, with the same principles and ideals.

 

The First Philippine Constitution.

The separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government called the Philippine Republic has been the end sought by the Revolution in the existing war, begun on the 24th of August, 1896; and , therefore, in its name and by the power delegated by the Filipino people, interpreting faithfully their desires and ambitions, we the representatives of the Revolution, in a meeting at Biak-na-bato, November 1, 1897, unanimously adopted the following articles for the constitution of the State.

 

BIAK NA BATO 1897

Aguinaldo and his men formed a new government as a replacement to the republic that was created at Tejeros. Felix Ferrer and Isabelo Artacho drafted the Biak-na-Bato Constitution similar to the constitution of Jimaguayu, Cuba. It outlined certain basic human rights.

 

The form of government is the same as that of the Katipunan with the council members:

President- Emilio Aguinaldo

Vice President- Mariano Trias

Secretary of Interior- Isabelo Artacho

Secretary of War- Emiliano Riego de Dios

Secretary of the Treasury- Baldomero Aguinaldo

 

MALOLOS CONSTITUTION

 

FIRST PHILIPPINE REPUBLIC

 

A revolution was launched against Spain and the revolutionaries declared Philippine

independence in Kawit, Cavite on June 12, 1898. What became known as the Malolos Congress was convened on September 15, 1898 and the first Philippine Constitution, called the Malolos Constitution, was approved on January 20, 1899, ushering what is called the First Philippine Republic. Its main task was the framing of the Malolos Constitution, also known as the first democratic constitution, ever promulgated in the whole Asia. On January 23, 1899, the First Philippine Republic was inaugurated at Barasoain Church, Malolos, Bulacan.

 

Proclamation of the Constitution

 

The Malolos Constitution was the First Constitution in Asia and it was based on the proposed framework of Felipe Calderon.

The constitution was ratified on January 21, 1899 and had the following important provisions:

1.     The legality of the declaration of independence in Kawit, Cavite.

2.     The separation of church and state.

3.     The establishment of a Republican Government.

4.     The division of the government into three branches, the Executive, Legislative and Judiciary.

5.     The Legislative branch is higher than the Executive and Judiciary.

6.     The Unicameral Legislature

7.     The Bill of Rights of Citizens

8.     The Suffrage

 

1935 CONSTITUTION

The constitution during the time of the Commonwealth. The 1935 Constitution was ratified by the Filipino people through a national plebiscite, on May 14, 1935 and came into full force and effect on November 15, 1935 with the creation of the Commonwealth of the Philippines. One of its provisions was that it would remain operative once independence was granted on July 4, 1946. Some of the features of 1935 constitution are the following:

 

1.     The establishment of bicameral legislature

2.     Allowing the re-eligibility of the president and the vice-president for a second four (4) year term of office.

3.     The Parity amendment which gave the American citizen an equal right with the Filipino with regard to exploitation of our natural resources and operation of public utilities.

 

1943 Constitution

Japanese Military Government

January 21, 1943

Hideki Tojo (Premier of Japan) announced the establishment of the Republic of the Philippines because of the cooperation of Filipinos to the Japanese Government.

Puppet Government

Central Administrative Organization

The National Government was replaced by the Central Administrative Organization which was composed of six branches:

The Interior Department: Benigno Aquino Sr.

The Finance Department: Antonio de Las Alas

The Agriculture and Commerce Department: Rafael Alunan

The Educative Department: Claro M. Recto

The Public Welfare and the Public Works and Communication: Quintin Paredes

The Justice System: Jose P. Laurel

Chairman of the Executive Branch

Jorge B. Vargas

 

1973 Constitution

The constitution during the time of Marcos. Some of the provisions of this constitution are the

following:

1.     Granting of law-making power to the president

2.     Establishment of modified parliamentary form of government

3.     Allowing the natural-born citizen who have lost their citizenship to be transferees of private land.

 

1987 CONSTITUTION

Upon the restoration of democracy in 1986, the 1973 Constitution was replaced by the 1987 constitution.

 

The 1987 Constitution contain the following provisions:

 

1.     Recognition of the aid of Almighty God

2.     Sovereignty of the people

3.     Renunciation of war as an instrument of national policy

4.     Supremacy of civilian authority over the military

5.     Separation of church and state

6.     Recognition of the importance of the family as a basic social institution

7.     Guarantee of human rights

8.     Government through suffrage

9.     Separation of powers

10. Independence of Judiciary

11. Guarantee of local autonomy

12. Government of laws and not of men.

 

FORMS OF THE GOVERNMENT

1. Monarchy –The King and Queen/Monarchs

-         Absolute Monarchy – Monarchs hold the supreme power and made all the decision.

-         Limited Monarchy - Ruler rules according to the Constitution. Also known as Constitutional Monarchy

2. Aristocracy. Political power is exercised by a few privilege elite

3. Oligarchy – government of few/selected few.

4. Democracy – Political power is vested on the majority of people.

-         Direct or Pure Democracy – the decisions are made directly from the people

-         Indirect or representative Democracy – Decision are made from the representative of the people. People will vote their representative in the Government.

5. Unitary Government – the power is vested to the national government.

6. Federal Government – the power of the government is divided between two set of organs. The purpose is to unite different cultures into one nation

7. Communism – Majority of the activities are controlled by the Government.

8. Meritocracy – Leadership by Talent.

9. Presidential – The president holds executive powers only.

10. Parliamentary – The presidents hold Executive and Legislative Power

 

BRANCHES OF THE GOVERNMENT

 

LEGISLATIVE DEPARTMENT

 

Branch of the government which is responsible to create, amend or repeal the laws.

 

CLASSIFICATION OF POWERS OF CONGRESS

1.     General Legislative Power – it is the power to enact laws intended for the public

2.     Specific Power – They are powers which the constitution expressly directs congress to exercise such powers. Examples are to promote president in case of tie, to approve the existence of war, to impeach.

3.     Implied Power – They are those essential to the useful exercise of the powers

particularly granted. Example is the in aid of Legislation.

4.     Inherent Power – it is the power which automatically exist as characteristic of sovereignty. Examples are the police power, eminent domain, and taxation.

 

The legislative power shall be vested in the congress of the Philippines which shall consist of a senate and a house of representatives, except to the extent reserved to the people by the provision on initiative and referendum. (Article.VI, Sec. 1.)

 

Senate the upper chamber of the congress. It consists of 24 senators

-         The term of office of senator is six (6) years with one reelection. Total of 12 years They are prohibited to serve for more than two (2) consecutive term.

 

QUALIFICATION OF SENATORS

ü Natural Born Citizen

ü 35 years of Age

ü Read and Write

ü  Registered Voter

ü Resident of the Philippine for not less than 2 years

 

House of Representative

-         The lower house of the Congress.

-         It composed of not more than 250 members unless otherwise fixed by law

-         They are called as Congressman

-         They are elected from congressional district and through partly-list system.

-         Term of office is three (3) years with two reelections. Total of 9 years. They are prohibited to run consecutively for more than 9 years.

 

QUALIFICATION OF CONGRESS

Natural Born Citizen

ü 25 years of Age

ü Read and Write

ü Registered voter in their corresponding district

ü Residing in his district for not less than one year

 

HOW A BILL BECOME A LAW.

1. FIRST READING

-         Both houses can initiate their own bill (General rule)

-         Introduction of the bill

-         Referral to appropriate committee

 

2.SECOND READING

-         Debate and Interpellation, changes, or amendment in the said bill.

 

3.THIRD READING

-         Only yeas (Affirmative) or nays (Negative) for the bill and no amendment is allowed. Most of the members constituting a quorum is sufficient to pass a bill.

 

REFERRAL TO THE OTHER HOUSE

-the bill will undergo the same process. If there is no changes or amendment by the other house, the bill will be submitted to the office of the president.

 

BICAMERAL COMMITTEE.

If there is different opinion, conflict, and disagreement between the two houses, it should be resolve in Bicameral committee.

 

SUBMISSION TO THE PRESIDENT

 

The bill should be forwarded to the office of the President for his signature or veto

message. If the President does not communicate his approval or veto message within 30 days, the bill shall become a law as if he signed it.

 

As a general rule, the bill should be signed by president to become law. The exceptions are the following:

 

1.     If the President does not communicate his approval or veto message within 30 days, the bill shall become a law as if he signed it.

2.     If the president vetoes a bill and return the bill to the house where it originated. The Congress can override the veto of the president by 2/3 vote of all member of both houses The bill will take effect after 15 days following the completion of their publication in the official gazette, unless it is otherwise provided (Article 2, Civil code). This is to inform the public about the new law.

 

EXECUTIVE BRANCH

 

Branch of the government which is responsible to administer, execute or implement the law.

Member of the Executive branch

-         President

-         Vice-President

-         Department Secretaries

-         Local government unit

 

QUALIFICATION

1.     Natural born Filipino.

2.     a registered voter.

3.     must be able to read and write.

4.     40 years of age at the day of the election; and

5.     must have resided in the Philippines ten years before the election is held.

 

JUDICIAL DEPARTMENT

 

-         Branch of the government which responsible to interpret or apply the Law. It is the duty of court of justice to interpret and apply the laws.

-         Supreme Court is the Court of the Last resort

-         The Final Arbiter of the Law

 

Scope of Judicial review

1. Adjudicatory Power - To settle actual controversies involving rights which are legally demandable and enforceable

-         -If there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on any branches of the government

2. Judicial Review – to declare the act of the executive or legislative as unconstitutional. To interpret the law and render binding judgements.

3. Incidental powers – power to punish person

 

PRINCIPLE OF SEPARATION OF POWER

Each branches of Government are co-equal with each other and independent on their

decision concerning to their own sphere. One cannot meddle the function of another because they have the same authority and it is presumed that they can decide in their own.

 

PRINCIPLE OF CHECK AND BALANCES

Under the constitution, there is no absolute separation among the three (3) branches of the government. The constitution permits reasonable checking by one department in the functions of another department. This is to prevent the abuse of power and maintain the balance among the organs of the government. The following are the checks of each branches:

 

 

 

Legislative Check

-         Override the Veto of the President

-         Reject certain or some appointment of the President

-         Revoke the proclamation of Martial Law by the President.

-         Screen some treaties made by the President with other countries

-         Prescribe the qualification of lower court judges

 

Executive Check

-         Veto Power of the President

-         Pardoning power of the president

-         Approved the appointment of Chief Justice

Judicial Check

-         to declare the act of the Executive or Legislative as unconstitutional 

 

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