SOSCI031 – Readings in Philippine History Functions of Government

STATE Constituent Function – are those that constitutes the very

bond of the society; important and compulsory in nature.
- a community of people living in a politically organized
define territory having no external control e.g., keeping order, protection of property and rights,
legal regulations
Basic Elements of a State
Ministrant Function – are those that are undertaken only
People – citizens by way of advancing the general interest of society;
Territory – area of responsibility; air, land, water optional and not compulsory in nature.

Government – political institution e.g., public works, education, charity, health and safety
regulations, and regulation of trade and industry
Sovereignty – freedom
Types of Government
External Sovereignty – the state is independent and free
from outside control Democracy: A system of government in which power is
vested in the people, who rule either directly or through
Internal Sovereignty – all is under the supreme power of freely elected representatives.
the state
Monarchy: A form of government in which a single
Characteristics of Sovereignty person, usually a king or queen, serves as the head of
state until he or she dies or abdicates.
Absolute – the state provides unrestricted infinite rules
and decisions Limited Monarchy – the power is limited by a
representative governing body
Permanent – the state is a state, unless colonized
Absolute Monarchy – the monarch has total power and
Indivisible – a state is one in all aspect
rule
Exclusiveness – the state’s rules and decision are only to
Oligarchy: A form of government in which a small group
those under its jurisdiction
of people, usually wealthy individuals or members of a
Inalienable – the power of the state cannot be removed particular social class, hold all the power.
nor altered by other laws
Dictatorship: A form of government in which a single
Inherent Power of the State person, the dictator, has complete control over the
government and the lives of the people.
Police Power – it is the power of the state to enforce law
for the good of the people. Theocracy: A form of government in which religious
leaders hold all the power and make decisions based on
Taxation Power – it is the power of the state to exact religious doctrine.
proportional contribution from the people to defray the
cost of governmental expenditures. Socialism: A system of government in which the means
of production are owned and controlled by the state or
Power of Eminent Power – it is the power of the state to the community as a whole.
take properties for public use with compensation.
Capitalism: A system of government in which the means
GOVERNMENT of production are privately owned and operated for
- the institution set by the people to govern the profit.
state/nation. Fascism: A form of government in which a single party
Roles of the Government or leader has complete control over the government and
the lives of the people, often using force and propaganda
- to protect lives, liberty and property of members to maintain power.
of the community
- to provide services that people cannot provide Technocracy: A form of government in which experts in
on their own various fields make decisions based on their knowledge
- has the authority use force in exercising the law and expertise.

Purposes of the Government Aristocracy: A form of government in which a small

group of people, usually members of a particular social
➢ Form a more perfect union – unity class, hold all the power.
➢ Establish Justice – fair and reasonable laws and
acts Government: Division of Powers
➢ Insure Domestic Tranquility – peace
➢ Provide for the Common Defense – defend the
country from foreign and domestic threats
➢ Promote the General Welfare – protect the
quality of life
➢ Secure the Blessings of Liberty – freedom
 “The Philippine Constitution may be classified as
conventional or enacted, written, rigid or inelastic. It was
drafted by an appointive body – Constitutional
Commission”
Requisites of a Good Written Constitution
AS TO FORM
Brief – it only outlines the structure of the government of
the whole state and the rights of the citizens.
Broad – it is a comprehensive statement of the powers
and functions of government, and of the relations
between the governing body and the governed.
Definite – it ensures easy and clear interpretation and
application of its provisions to concrete situations.
Government Legitimacy
AS TO CONTENTS
De Jure – by right, according to law. Its standards are
declared by a consortium as standard. Constitution of Government – it deals with the
framework of government and its powers and defines the
De Facto – in reality, as a matter of fact. Its standards electorate as well.
grow to become a standard. This is not always
proprietary. Constitution of Liberty – it sets forth the fundamental
rights of the people and imposes certain limitations on
CONSTITUTION (Bisaya: Batakang Balaod; Tagalog: the powers of government as a means of securing the
Saligang Batas) enjoyment of these rights.
- a set of fundamental laws and principles may be Constitution of Sovereignty – it points out the mode or
written or unwritten on which a country is acknowledged procedure for the amendment or revision of the
to be governed or regulates the system of government. constitution.
Purposes & Functions of a Constitution PHILIPPINE CONSTITUTIONS
➢ defines and limits government’s powers Philippine is a Democratic, has Presidential and Unitary
➢ lists the rights of the people System and a Constitutional Republic
➢ establishes the structure of government
➢ provides the rules and operating procedures for 1st Philippine Constitution “1897 Biak-na-Bato
government Constitution”
➢ serves as the supreme and fundamental law of - written by Isabelo Artacho and Felix Ferrer
the land - created in accordance with the establishment of
Classification of Constitution the Biak-na-Bato Republic
- General Aguinaldo and Governor General Primo
AS TO THEIR ORIGIN AND HISTORY de Rivera signed the Pact of Biak-na-Bato which
ended the Constitution
Conventional or Enacted – enacted by a constituent
assembly or granted by a monarch to his subjects 2nd Philippine Constitution “1899 Malolos
Constitution”
Cumulative or Evolved – product of growth or long
period of development originating in customs, traditions, - written by Felipe Calderon
judicial decisions; from a deliberate and formal - ratified and proclaimed at Barasoain Church
enactment. - created in accordance with the establishment of
AS TO THEIR FORM the First Philippine Republic
- Lasted only until the Philippine-American War
Written – given a definite written form at a particular
time, done usually by constituted authority called 3rd Philippine Constitution “1935 Constitution of the
“constitutional convention” Philippines”

Unwritten – a product of political evolution, mass - written by Claro M. Recto

customs, usages and judicial decisions together with a - created in accordance with the establishment of
smaller body of statutory enactments of a fundamental the Commonwealth Republic. Tydings-
character, usually bearing different dates. McDuffie Law of 1934 caused the drafting and
was approved by President Franklin Roosevelt
AS TO MANNER OF AMENDING THEM of US
- ratification of constitution included women
Rigid or Inelastic – a document of special sanctity which
- it halted during the Japanese occupation but
cannot be amended or altered except by some special
continued in 1946 until 1972
machinery more cumbrous than the ordinary legislative
process.
Flexible or Elastic – possesses no higher legal authority
than ordinary laws and which may be altered in the same
way as other laws.
4th Philippine Constitution “Japanese Republic Basic Principles Underlying the New Constitution
Constitution”
1. Recognition of Aid of Almighty God
- drafted by the PCPI (Preparatory Committee for 2. Sovereignty of the People
Philippine Independence) 3. Renunciation of war as an instrument of national
- created in accordance with the establishment of policy
the Second Philippine Republic or Puppet 4. Supremacy of civilian authority over the military
Republic 5. Separation of church and state
6. Recognition of the importance of the family as
Main Purposes: basic social institution and of the vital role of
➢ To make Filipinos believe that they would be youth in nation building
given independence 7. Guarantee of human rights
➢ To allow the Japanese to have more influence 8. Government through suffrage
over Philippine territory and resources. 9. Separation of Power
- lasted until the end of Japanese occupation, 1945 10. Independence of Judiciary
11. Guarantee of local autonomy
5th Philippine Constitution “1973 Martial Law 12. High sense of public service morality and
Constitution” accountability
13. Nationalization of natural resources and certain
- drafted by the 1971 Constitutional Convention
private enterprise affected by public interest
and presented to President Marcos on December
14. Non-suability of the state
1, 1972
15. Rule of majority; and
- its goal was to introduce a parliamentary-style
16. Government of laws and not men
government.
Preamble
Provisions:
- derived from the latin word “Preambulare” which
➢ The Legislative power was vested in a National
means to walk before or going before
Assembly whose members were elected for six-
year terms - a preliminary statement of the constitution which states
➢ The President is elected as the symbolic and the objectives of the creation of the constitution and its
purely ceremonial head of state for a six-year purpose.
term and could be re-elected to an unlimited
number of terms. The Philippine Preamble
- ended in 1987 after Cory Aquino amended a new We, the sovereign Filipino people, imploring the aid of
constitution Almighty God, in order to build a just and humane
6th Philippine Constitution “1986 Freedom society and establish a Government that shall embody
Constitution” our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to
- Pres. Corazon Aquino issued Proclamation No. 3 ourselves and our posterity the blessings of
as a provisional constitution independence and democracy under the rule of law and a
regime of truth, justice, freedom, love, equality, and
Provisions:
peace, do ordain and promulgate this Constitution.
➢ Granted the President broad powers to
ARTICLE I
reorganize the government and remove officials
from office National Territory
➢ The president has the power to appoint a
commission to draft a new constitution The national territory comprises the Philippine
archipelago, with all the islands and waters
7th Philippine Constitution “1987 Philippine embraced therein, and all other territories over which the
Constitution” Philippines has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial, and aerial domains, including its
- President Corazon Aquino issued Proclamation
territorial sea, the seabed, the subsoil, the insular
No. 9
shelves, and other submarine areas. The waters around,
- the new constitution was ratified and made
between, and connecting the islands of the archipelago,
effective on February 2, 1987
regardless of their breadth and dimensions, form part of
Significant features of the 1987 Constitution the internal waters of the Philippines.

- Consist a preamble and eighteen articles ARTICLE II

- Provides a presidential system of government
Declaration of Principles and State Policies
and restores the bicameral Congress of the
Philippines which composed of the Senate and Principles
House of Representatives.
- The Judicial department was given a fiscal SECTION 1. The Philippines is a democratic and
autonomy and increase in authority republican State. Sovereignty resides in the people and
all government authority emanates from them.
SECTION 2. The Philippines renounces war as an
instrument of national policy, adopts the generally
accepted principles of international law as part of the law
of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
SECTION 3. Civilian authority is, at all times, supreme SECTION 17. The State shall give priority to education,
over the military. The Armed Forces of the Philippines is science and technology, arts, culture, and sports to foster
the protector of the people and the State. Its goal is to patriotism and nationalism, accelerate social progress,
secure the sovereignty of the State and the integrity of and promote total human liberation and development.
the national territory.
SECTION 18. The State affirms labor as a primary
SECTION 4. The prime duty of the Government is to social economic force. It shall protect the rights of
serve and protect the people. The Government may call workers and promote their welfare.
upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required, under SECTION 19. The State shall develop a self-reliant and
conditions provided by law, to render personal military independent national economy effectively controlled by
or civil service. Filipinos.
SECTION 20. The State recognizes the indispensable
SECTION 5. The maintenance of peace and order, the
protection of life, liberty, and property, and the role of the private sector, encourages private enterprise,
and provides incentives to needed investments.
promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of SECTION 21. The State shall promote comprehensive
democracy. rural development and agrarian reform.
SECTION 6. The separation of Church and State shall be SECTION 22. The State recognizes and promotes the
inviolable. rights of indigenous cultural communities within the
State Policies framework of national unity and development.

SECTION 7. The State shall pursue an independent SECTION 23. The State shall encourage non-
foreign policy. In its relations with other states the governmental, community-based, or sectoral
paramount consideration shall be national sovereignty, organizations that promote the welfare of the nation.
territorial integrity, national interest, and the right to self- SECTION 24. The State recognizes the vital role of
determination. communication and information in nation-building.
SECTION 8. The Philippines, consistent with the SECTION 25. The State shall ensure the autonomy of
national interest, adopts and pursues a policy of freedom local governments.
from nuclear weapons in its territory.
SECTION 26. The State shall guarantee equal access to
SECTION 9. The State shall promote a just and dynamic opportunities for public service, and prohibit political
social order that will ensure the prosperity and dynasties as may be defined by law.
independence of the nation and free the people from
poverty through policies that provide adequate social SECTION 27. The State shall maintain honesty and
services, promote full employment, a rising standard of integrity in the public service and take positive and
living, and an improved quality of life for all. effective measures against graft and corruption.

SECTION 10. The State shall promote social justice in SECTION 28. Subject to reasonable conditions
all phases of national development. prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions
SECTION 11. The State values the dignity of every involving public interest.
human person and guarantees full respect for human
rights. ARTICLE III

SECTION 12. The State recognizes the sanctity of Bill of Rights

family life and shall protect and strengthen the family as SECTION 1. No person shall be deprived of life, liberty,
a basic autonomous social institution. It shall equally or property without due process of law, nor shall any
protect the life of the mother and the life of the unborn person be denied the equal protection of the laws.
from conception. The natural and primary right and duty
of parents in the rearing of the youth for civic efficiency SECTION 2. The right of the people to be secure in their
and the development of moral character shall receive the persons, houses, papers, and effects against unreasonable
support of the Government. searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or
SECTION 13. The State recognizes the vital role of the warrant of arrest shall issue except upon probable cause
youth in nation-building and shall promote and protect to be determined personally by the judge after
their physical, moral, spiritual, intellectual, and social examination under oath or affirmation of the
well-being. It shall inculcate in the youth patriotism and complainant and the witnesses he may produce, and
nationalism, and encourage their involvement in public particularly describing the place to be searched and the
and civic affairs. persons or things to be seized.
SECTION 14. The State recognizes the role of women in SECTION 3. (1) The privacy of communication and
nation-building, and shall ensure the fundamental correspondence shall be inviolable except upon lawful
equality before the law of women and men. order of the court, or when public safety or order
SECTION 15. The State shall protect and promote the requires otherwise as prescribed by law.
right to health of the people and instill health (2) Any evidence obtained in violation of this or the
consciousness among them. preceding section shall be inadmissible for any purpose
SECTION 16. The State shall protect and advance the in any proceeding.
right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
SECTION 4. No law shall be passed abridging the writ of habeas corpus is suspended. Excessive bail shall
freedom of speech, of expression, or of the press, or the not be required.
right of the people peaceably to assemble and petition
the government for redress of grievances. SECTION 14. (1) No person shall be held to answer for
a criminal offense without due process of law.
SECTION 5. No law shall be made respecting an
establishment of religion, or prohibiting the free exercise (2) In all criminal prosecutions, the accused shall be
thereof. The free exercise and enjoyment of religious presumed innocent until the contrary is proved, and shall
profession and worship, without discrimination or enjoy the right to be heard by himself and counsel, to be
preference, shall forever be allowed. No religious test informed of the nature and cause of the accusation
shall be required for the exercise of civil or political against him, to have a speedy, impartial, and public trial,
rights. to meet the witnesses face to face, and to have
compulsory process to secure the attendance of
SECTION 6. The liberty of abode and of changing the witnesses and the production of evidence in his behalf.
same within the limits prescribed by law shall not be However, after arraignment, trial may proceed
impaired except upon lawful order of the court. Neither notwithstanding the absence of the accused provided that
shall the right to travel be impaired except in the interest he has been duly notified and his failure to appear is
of national security, public safety, or public health, as unjustifiable.
may be provided by law.
SECTION 15. The privilege of the writ of habeas corpus
SECTION 7. The right of the people to information on shall not be suspended except in cases of invasion or
matters of public concern shall be recognized. Access to rebellion when the public safety requires it.
official records, and to documents, and papers pertaining
SECTION 16. All persons shall have the right to a
to official acts, transactions, or decisions, as well as to
government research data used as basis for policy speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
development, shall be afforded the citizen, subject to
such limitations as may be provided by law. SECTION 17. No person shall be compelled to be a
SECTION 8. The right of the people, including those witness against himself.
employed in the public and private sectors, to form SECTION 18. (1) No person shall be detained solely by
unions, associations, or societies for purposes not reason of his political beliefs and aspirations.
contrary to law shall not be abridged.
(2) No involuntary servitude in any form shall exist
SECTION 9. Private property shall not be taken for except as a punishment for a crime whereof the party
public use without just compensation. shall have been duly convicted.
SECTION 10. No law impairing the obligation of SECTION 19. (1) Excessive fines shall not be imposed,
contracts shall be passed. nor cruel, degrading or inhuman punishment inflicted.
SECTION 11. Free access to the courts and quasi- Neither shall death penalty be imposed, unless, for
judicial bodies and adequate legal assistance shall not be compelling reasons involving heinous crimes, the
denied to any person by reason of poverty. Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua.
SECTION 12. (1) Any person under investigation for the
commission of an offense shall have the right to be (2) The employment of physical, psychological, or
informed of his right to remain silent and to have degrading punishment against any prisoner or detainee
competent and independent counsel preferably of his or the use of substandard or inadequate penal facilities
own choice. If the person cannot afford the services of under subhuman conditions shall be dealt with by law.
counsel, he must be provided with one. These rights SECTION 20. No person shall be imprisoned for debt or
cannot be waived except in writing and in the presence non-payment of a poll tax.
of counsel.
(2) No torture, force, violence, threat, intimidation, or SECTION 21. No person shall be twice put in jeopardy
any other means which vitiate the free will shall be used of punishment for the same offense. If an act is punished
against him. Secret detention places, solitary, by a law and an ordinance, conviction or acquittal under
incommunicado, or other similar forms of detention are either shall constitute a bar to another prosecution for the
prohibited. same act.
SECTION 22. No ex post facto law or bill of attainder
(3) Any confession or admission obtained in violation of
this or Section 17 hereof shall be inadmissible in shall be enacted.
evidence against him.
(4) The law shall provide for penal and civil sanctions
for violations of this section as well as compensation to
and rehabilitation of victims of torture or similar
practices, and their families.
SECTION 13. All persons, except those charged with
offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to
bail shall not be impaired even when the privilege of the