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The 1987 Philippine Constitution - Lillovy

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The 1987 Philippine Constitution

Declaration of Policies

Democracy and Republicanism (Art. II, s.1, Phil. Constitution)
 'The Philippines is a democratic and Republican State. Sovereignty resides in the people and all government authority emanates from them.'
Renunciation of War (Art. II, s. 2. Phil. Constitution)
'The Philippines renounces war as an intrument of national policy, adopts the generally accepted principles of international laws as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.' 
Supremacy of Civilian Authority Over Military (Art. II, s. 3, Phil. Constitution)
'Civilian authority is at all times, supreme over military. The armed forces of the Philippines is the protector of the people and the State. It's goal is to secure the sovereignty of the State and the integrity of the National Territory.'

STATE POLICIES

Independent Foreign Policy (Art. II, s. 7, Phil. Constitution)
'The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.'
Social Justice (Art. II, s. 10, Phil. Constitution)
'The State shall promote social justice in all phases of national development.'
Sanctity of family AND VITAL ROLE OF YOUTH IN NATION- BUILDING (Art. II, s. 12-13, Phil. Constitution)
'The State recognises the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the 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.' Art. II,s.12

'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 inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.'  Art. II, s. 13

Art. XVII, s. 1-4, Phil. Constitution; RA 6735

'Any amendment to, or revision of, this Constitution may be proposed by:

1. The Congress, upon a vote of three-fourths of all its Members; or
2. A constitutional convention.' Art. XVII, Sec. 1

'Amendments to this Constigtution may likewise be directly proposed by the people though initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be presented by at least three per centum of the registered voter therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution. nor oftener than once every five years thereafter..

The Congres shall provide for the implementation of the exercise of this right.' Art. XVII, Sec. 2

'The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such convention.' Art. XVII, Sec. 3

'Any amendment to, or revision of, this Constitution under section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition.' Art. XVII, Sec. 4

Art. I, 1987 Constitution; Arts. 1, 3-8, 33, 46-48, 50, & 55-58, UNCLOS

'The national territory comprises the Philippine archipelago, with all the islands and water embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of each 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.' Art. I, 1987 Phil. Constitution

SEPARATION OF POWERS, and CHECKS & BALANCES

Principle of Separation of Powers

Principle of Checks and Balances

STATE IMMUNITY

'The State may not be sued without its consent.' Art. XVI, s. 3

DELEGATION OF POWERS

Principle of Separation of Powers

Principle of Checks and Balances

Art. III, s. 9, Art. VI, s. 28, Art. XIV, s. 4 (3)

  1. Police Power;
  2. Eminent Domain; &
  3. Taxation

Concept, Application, and Limitation

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