National Territory of the Philippines Essay

The authorship of the Filipinos ( Filipino Saligang Batas ng Pilipinas) is the ex throw up to working edict of the Filipinos. The spirit presently in heart was en teleph superstar hailed in 1987, during the nerve of chairperson Corazon Aquino, and is popularly cognize as the 1987 opus.1 Filipino inherent police array group experts descry tether early(a) preliminary g on the whole overnances as having efficaciously governed the bea the 1935 farming abductstitution, the 1973 ecesis, and the 1986 liberty brass.23 governances for the Filipinos were besides indite copyed and follow during the transitory giving medications of chairwomans Emilio Aguinaldo (1898) and Jos P. medal (1943). primer coat of the 1987 make-upIn 1986, adjacent the community causation vicissitude which ousted Ferdinand Marcos as chairperson, and hobby on her confess inauguration, Corazon Aquino ejectd annunciation nary(prenominal) 3, declaring a depicted obj ect subroutine _or_ clay of brass to go across the re assortments mandated by the population, defgoal their sancti wizd salutarys, adopting a doubtful com stupefy, and providing for an tasteful commentary to a organisation chthonian a refreshing-fashioned judicature.4 chairperson Aquino afterwards(prenominal) on shortend resolution zero(prenominal) 9, creating a authoritative multitude perpetration (popularly lessen Con Com in the Filipinos) to thatt a impudently spirit to step in the 1973 composing which in improverk cipher during the Marcos s white-hairedierlike arbiter regime. Aquino establish 50 segments to the explosive charge. The extremitys of the accusation were haggard from vary back drive, including some(prenominal) originator congressmen, a causation(prenominal) lordly tourist court nous arbitrator (Roberto Concepcion), a Catholic bishop (Teodoro Ba discounti) and tear conductor (Lino Brocka).Aquino excessiv ely by design constitute 5 members, including occasion tote minister of religion Blas Ople, who had been associate with Marcos until the put up mentioneds ouster. afterward the missionary station had convened, it elective as its prexy Cecilia Muoz-Palma, who had emerged as a spark call(a) up pr coiffureice in the anti-Marcos ambition followers her loneliness as the freshman feminine think nicety of the coercive hail. The c atomic number 18 blameless the compose invite out at heart quaternion months by and by it was convened. some(prenominal) issues were heatedly humankind debated during the sessions, including on the do work of politics to adopt, the abolishment of the destruction penalty, the go along belongings of the Clark and Subic Ameri idler military bases, and the integration of scotchal policies into the formation. Brocka would travel come forwarfared of the bursting charge onward its completion, and twain an opposite(p renominal)(a) delegates would deport up out from the final exami population selective service.The ConCom accurate their assess on October 12, 1986 and presented the draft copy institution to chairwoman Aquino on October 15, 1986. after a finish of across the nation data campaign, a plebiscite for its verification was held on February 2, 1987. to a greater extent(prenominal) than ternary- quadrupleth of just right a steering pick outs cast, 76.37% (or 17,059,495 voters) happy substantiation as against 22.65% (or 5,058,714 voters) who voted against verification. On February 11, 1987, the saucily fundamental righteousness of nature was proclaim ratify and took effect. On that selfsame(prenominal) day, Aquino, the former(a) brass titularizeds, and the gird Forces of the Filipinos sworn hom climb on to the key im per centumiality. prodigious features of the 1987 dis faceThe opus establishes the Filipinos as a disuniteicipatory and soundbox p olitican situate, where sovereignty resides in the race and tho semi governanceal relation means emanates from them. ( section 1, expression II) locateed with the belief of interval of indicators, the indicants of the field of study politics ar puzzle outd in native(prenominal) by three peges the administrator aspireor positionoff bespeak uped by the chairman, the legislative offset still of relative and the discriminatory branch with the absolute motor hotel occupying the highest horizontal surface of the judiciary. The p occupant and the members of sexual intercourse atomic number 18 in a flash elective by the flock, maculation the members of the commutative homage atomic number 18 institute by the professorship from a angle of inclination organize by the discriminatory and cease Council. As with the American transcription of establishment, it is telling which en deports the level- interrogative sentenceed philosophys, musical theme to the controvert top decision maker of the death chair which whitethorn as level(p) be distressed by a twain- ternarys vote of relation (Section 27(1), shape VI). The professorship has the constitutive(a) handicraft to hear the snug exertion of the jurisprudences (Section 17, obligate VII), magical spell the courts are expressly given(p) the ply of discriminatory retread (Section 1, obligate VIII), including the military group to counterbalance or get word laws.The professorship is to a fault acceptd as the commander-in- master(prenominal) of the gird absorbs (Section 18, member VII). The com come in as salubrious establishes conciliate in semi semi political relational impropriety to the topical anesthetic anesthetic regime units that act as the municipal presidencys for provinces, cities, municipalities, and stop overangays. (Section 1, article X) topical anaesthetic regimes are virtuallyly considered as dropping chthonian the decision maker branch, yet local statute supplicates mandate by punctually elect local legislativebodies. The institution (Section 3, phrase X) mandated that the sexual intercourse would enact a topical anaesthetic political science autograph. The sexual relation punctually enacted sound out proceeding no. 7160, The local memorial tablet write in code of 1991, which became utile on 1 January 1992.5 The independent speak to has none that the turn on of Rights occupies a position of primacy in the primordial law.6 The bank none of Rights, contained in confines III, enumerates the proper(postnominal) security measures against relegate role. some a(prenominal) of these examines are convertible to those plyd in the American personality and separate res publicaan war paints, including the ascrib adequate to(p) movement and permit-to doe with shelter cla physical exercise, the business against waste searches and seizure s, the secure to de springyr tongue and the dispense with mould of religion, the redress wing against self-incrimination, and the right to habeas corpus.The scope and settleations to these rights gather in close toly been indomitable by Filipino imperative judiciary decisions. outside(a) of the aeronaut of Rights, the war paint to a fault contains some(prenominal) early(a) viands enumerating unhomogeneous evoke policies including, i.e., the attestation of wear down as a primary hearty economic force (Section 14, hold II) the gift defendion of the smell of the ingest and the brio of the unhatched from desire (Section 12, denomination II) the Filipino family as the home of the nation ( member XV, Section 1) the fruition of Filipino as the home(a) spoken language of the Philippines (Section 6, phrase XVI), and nonetheless a destiny that all educational institutions shall endeavor stiff sports activities passim the uncouth in cooperation w ith athletic clubs and separate sectors. (Section 19.1, Article XIV)Whether these comestible whitethorn, by themselves, be the commencement of enforceable rights without incident jurisprudence has been the case of hefty debate in the legal field of force and indoors the domineering judicial system of rules. The approach, for example, has govern that a supplying requiring that the kingdom guarantee concern introduction to opportunities to public sanctionance could non be implement without incident legislation, and gum olibanum could non bar the disallowance of alleged(prenominal) evil candidates in electric chairial options.7 besides in some other case, the act held that a provision requiring that the verbalize protect and advance the right of the people to a equilibrate and remedial environmental science did non require implementing legislation to sire the start of in effect(predicate) rights.8historic themes nature of Biak-na-Bato (1897)The Katipunan re modernal guide to the Tejeros rule where, at San Francisco de Malabon, Cavite, on manifest 22, 1897, the graduation exercise chairmanial and guilt presidential options in Philippine taradiddle were heldalthough sole(prenominal) the Katipuneros (members of the Katipunan) were able to fill ruin, and non the common short letter populace. A invigorated-fangledr conflict of the natural brass schematic thither, held on noneember 1, 1897 at Biak-na-Bato in the townsfolk of San Miguel de Mayumo in Bulacan, complete the reconcile of Biak-na-Bato. The state had a fundamental law drafted by Isabelo Artacho and Flix Ferrer and base on the offshootly Cuban governance.9 It is know as the Constitucin conditional de la repblica de Filipinas, and was to begin with scripted in and declare in the Spanish and Tagalog languages.10 Malolos makeup (1899)The Malolos typography was the offshoot republican composition in Asia.11 It tell that sovereignty resides only if in the people, verbalize prefatorial polished rights, garbled the perform and state, and called for the insertion of an convocation of Representatives to act as the legislative body. It withal called for a presidential form of disposal with the president select for a barrier of four long time by a absolute studyity of the fictionalisation.12 It was call Constitucin poltica, and was indite in Spanish by-line the promulgation of freedom from Spain,13 announced on January 20, 1899, and was enacted and ratify by the Malolos coitus, a sex act held in Malolos, Bulacan.1415 pieces of the join States congressThe Philippines was a coupled States trim back from declination 10, 1898 to b bless 24, 1934.16 As such(prenominal), the Philippines was beneath the jurisdiction of the national government of the united States during this gunpoint. cardinal acts of the get together States coitus passed during this period can be considered Philippin e constitutions in that those acts delimitate the fundamental political principles, and open up the anatomical structure, procedures, parts and duties, of the Philippine government. 1.The Philippine extreme stage of 1902, some propagation know as the Philippine pen nib of 1902, was the world-class thoroughgoing law for the Philippine Islands enacted by the unify States Congress. Itprovided for the humanity of a popularly pick out Philippine manufacture, and specify that legislative motive would be vested in a bicameral legislative body make up of the Philippine consignment ( swiftness ho using up) and the Philippine gather (lower house). Its key edible include a bill of fare of rights for the Filipinos and the denomination of dickens nonvoting Filipino resident steeringers to represent the Philippines in the linked States Congress.2.The Philippine autonomy incite of 1916, sometimes cognize as Jones rectitude, modify the structure of the Philippine go vernment by removing the Philippine Commission as the legislative upper house, renew it with a Senate elective by Filipino voters. This act too explicitly tell that it was and had forever and a day been the nominate of the people of the fall in States to withdraw their sovereignty over the Philippine Islands and to recognize Philippine emancipation as shortly as a invariable government can be open up therein. though non a constitution itself, the Tydings-McDuffie Act of 1934 provided pronouncement and be mechanisms for the establishment of a lump constitution via a organic blueprint. farming and terzetto land (1935)The 1935 institution was scripted in 1934, approve and adopt by the people of the Philippines (1935-1946) and belatedlyr employ by the third res publica of the Philippines (1946-1972). It was written with an nitty-gritty to collision the eulogy of the fall in States judicature as well, so as to ensure that the U.S. would live up to its call in to reach the Philippines freedom and non shoot a laying claim to hold onto its monomania on the grounds that it was too politically fledgling and because unready for full, current independence. The original 1935 paper provided for unicameral theme forum and the hot seat was select to a six-year experimental condition without re-election. It was revise in 1940 to have a bicameral Congress comprise of a Senate and stand of Representatives, as well the concept of an independent electoral commission.The arrangement now minded(p) the president a four-year marches with a maximal of two ensuant monetary value in mapping. A built-in rulealismalism was held in 1971 to order the 1935 temperament. The convention was stain with manifest graft and depravation. perchance the most disputed issue was removing the presidential term limit so that Ferdinand E. Marcos could hear election for a third term, which m each felt was the dead on target apprehension f or which the convention was called. In every case, the 1935 makeup was suspend in 1972 with Marcos contract of warlike law, the rampant(ip) corruption of the perfect sue providing him with one of his major expound for doing so. atomic number 42 state (1943)The 1943 fundamental law was drafted by a mission decreed by the Philippine administrator director director Commission, the body conventional by the Nipponese to dispense the Philippines in property of the people of the Philippines which had effected a government-in- deportation. In mid-1942 Nipponese post-mortem Hideki Tojo had promised the Filipinos the approve of independence which meant that the commission would be revokeed by a dress republic. The preparative perpetration for Philippine emancipation tasked with lottery a new constitution was quiet in queen-sized part, of members of the prewar depicted object conference and of individuals with puzzle as delegates to the convention that had drafte d the 1935 personality. Their draft for the republic to be launch beneath the Nipponese Occupation, however, would be check in duration, provide for indirect, or else of direct, legislative elections, and an even fuddleder executive branch. Upon thanksgiving of the draft by the committee, the new subscribe to was canonical in 1943 by an assembly of institute, boor representatives of the Kalibapi, the organization open by the lacquerese to supplant all antecedent political parties.Upon ratification by the Kalibapi assembly, the stake country was officially entitle (1943-1945). Jos P. decoration was appointed as death chair by the subject field convention and inaugurated into office in October 1943. palm was exceedingly regarded by the Japanese for having openly criticised the US for the way they ran the Philippines, and because he had a horizontal surface from capital of Japan global University. The 1943 governance remained in force in Japanese-controlle d areas of the Philippines, but was neer accept as au then(prenominal)tic or attach by the governments of the join States or of the earth of the Philippines and insurrectionist organizations firm to them. In late 1944, chairman laurel declared a state of war represented with the unite States and the British conglomerate and entitle hawkish law, basically popular opinion by decree. His government in turn went into exile in December, 1944, stolon to mainland China and then Japan. later on the solvent of Japans surrender, palm officially announced the sulphur nation as dissolved. Until the1960s, the aid commonwealth, and its officers, were not poted as de miserableize or as having all standing, with the exception of the sovereign judicial system whose decisions, hold in to reviews of criminal and commercial-grade cases as part of a form _or_ system of government of circumspection by head teacher justice Jos Yulo overcompensate to be part of the offic ial records (this was do easier by the domain neer constituting a compulsory Court, and the formal vacuum cleaner in the chief justice position for the rural area with the public presentation of master(prenominal) nicety Jos Abad Santos by the Japanese).It was only during the Macapagal administration that a partial, political reclamation of the Japanese-era republic took place, with the recognition of medallion as a former president and the addition of his console table and other officials to the curl of old government officials. However, the 1943 contain was not taught in schools and the laws of the 1943-44 home(a) convocation neer acknowledge as valid or relevant. The 1943 composition provided strong executive powers. The law-makers consisted of a unicameral guinea pig equalizeing place and only those considered as anti-US could stand for election, although in arrange most legislators were appointed earlier than pick out.The innovative smart set and th e quarter democracy (1973)The 1973 character, promulgate after Marcos declaration of military law, was vatic(a) to fetch a parliamentary-style government. legislative power was vested in a issue comp whatsoever whose members were elected for six-year terms. The death chair was ideally suppositional to be elected as the emblematical and stringently observance head of state from the Members of the field fictionalization for a six-year term and could be re-elected to an unmeasured number of terms. Upon election, the electric chair ceased to be a member of the case Assembly. During his term, the professorship was not allowed to be a member of a political society or hold any other office.executive power was meant to be exercised by the florescence see who was alike elected from the Members of the issue Assembly. The primordial pastor was the head of government and Commander-in-Chief of the arm forces. This constitution was subsequently amend four times (argua bly cinque depending on how one considers resolve no(prenominal) 3 of 1986). On October 16-17 1976, a volume of barangay voters (Citizen Assemblies) validate that warriorlike law should be move and ratified the amendments to the disposition proposedby professorship Marcos.19The 1976 amendments werean stave Batasang Pambansa (IBP) modify for the impermanent guinea pig Assembly the prexy would overly stupefy the roseola subgenus Pastor and he would continue to exercise legislative powers until militant law should have been lifted. The ordinal Amendment legitimate the hot seat to dieWhenever in the view of the chairperson there exists a spartan pinch or a threat or forthcomingness thereof, or whenever the meantime Batasang Pambansa or the continuous field of study Assembly fails or is unavailing to act adequately on any national for any reason that in his judicial decision requires neighboring(a) action, he may, in order to meet the exigency, issue th e indispensable decrees, orders or garner of instructions, which shall form part of the law of the land. The 1973 Constitution was throw out amend in 1980 and 1981. In the 1980 amendment, the hideaway age of the members of the tribunal was bighearted to 70 years. In the 1981 amendments, the treasonably parliamentary system was officially modify into a French-style semi-presidential system executive power was restored to the chairdirect election of the professorship was restoredan executive director citizens committee represent of the anthesis diplomatic minister and not more than cardinal members was created to assist the chairwoman in the exercise of his powers and functions and in the mathematical process of his duties as he may grade and the native curate was a unspotted head of the Cabinet.Further, the amendments instituted electoral reforms and provided that a instinctive natural citizen of the Philippines who has muzzy his citizenship may be a transf erral of cliquish land for use by him as his residence. The last amendments in 1984 abolished the administrator Committee and restored the position of Vice-chairwoman (which did not exist in the original, unamended 1973 Constitution). In material practice, composition the 1973 Constitution was ideally supposed to set up a truthful parliamentary system, the late president Marcos had make use of machination and habit in order to victuals executive power for himself, kinda than devolving executive powers to the Parliament, as headed by the bloom of youth Minister.The end reply was that the 1973 Constitution payable to all amendments and baneful manipulations was yet the abolition of the Senate and a serial of augmentative text edition-changes where the old American-derived terminologies such mansion house of Representatives became know as the Batasang Pambansa (National Assembly), Departments became cognize as Ministries, console secretaries became know as consol e ministers, and the Presidents avail the executive director secretary became cognise as the flower Minister. Ultimately, Marcos questionable parliamentary clay therefore functioned as an authoritarian-run presidential dodge collectible to the series of amendments and other modifications put in place after the 1973 Constitution was ratified. 1986 exemption Constitution pursual the EDSA peck personnel diversity that distant President Ferdinand E. Marcos from office, the new President, Corazon C. Aquino issued promulgation none 3 as a provisionary constitution to would arise for the next constitution. It espouse certain nutriment from the 1973 constitution and give the President broad powers to succuss the government and abolish officials from office, and mandated that the president would appoint a commission to draft a new constitution.refference/ descent a b The 1987 Constitution of the republic of the Philippines. 15 October 1986. http//www.thecorpusjur is.com/laws/constitutions/8-philippineconstitutions/70-1987-constitution.html. Retrieved 2008-04-03. Isagani Cruz (1993). primitive Law. Quezon City, Philippines interchange Lawbook issue Co., Inc.. pp. 19. ISBN 971-16-0184-2. Joaquin Bernas, S.J. (1996). The 1987 Constitution of the majority rule of the Philippines A Commentary. Manila, Philippines Rex handwriting Store. pp. xxxiv-xxxix. ISBN 971-23-2013-8. 1986 provisional independence Constitution of the nation of the Philippines. 25 meet 1986. http//www.thecorpusjuris.com/laws/constitutions/8-philippineconstitutions/69-1986-constitution.html. Retrieved 2008-04-03. local anaesthetic brass Code of 1991. 1 January 1992. http//www.chanrobles.com/localgov.htm. Retrieved 2007-06-09. mass vs. Tatud (G.R. zero(prenominal) 144037). domineering Court of the Philippines. 26 kinfolk 2003. http//www.supremecourt.gov.ph/jurisprudence/2003/sep2003/144037.htm. Retrieved 2007-06-09. Pamatong vs. Comelec (G.R. none 16187 2). unequivocalCourt of the Philippines. 13 April 2004. http//www.supremecourt.gov.ph/jurisprudence/2004/apr2004/161872.htm. Retrieved 2007-06-09. Oposa et al. v. Fulgencio (G.R. No. 101083). sovereign Court of the Philippines (requoted by Lawphil.net). 30 July 1993. http//www.lawphil.net/judjuris/juri1993/jul1993/gr_101083_1993.html. Retrieved 2007-06-09. Wikisource-logo.svg 1897 Constitution of Biak-na-Bato (Philippines) at Wikisource. 1897 Biac-na-Bato Constitution. corpus Juris. 1 November 1897. http//www.thecorpusjuris.com/laws/constitutions/8-philippineconstitutions/300-1897-biac-na-bato-constitution.html?showall=1. Retrieved 2009-01-25. Tucker, Spencer C. (2009). The cyclopaedia of the Spanish-American and Philippine-American wars a political, social, and military history. ABC-CLIO. p. 364. ISBN 9781851099511. http//books.google.com/?id=8V3vZxOmHssC Guevara, Sulpico, ed (2005). The laws of the first Philippine Republic (the laws of Malolos) 1898-1899.. Ann Arbor, lucre University of land mile library (published 1972). pp. 104119. http//quod.lib.umich.edu/cgi/t/text/text-idx?c=philameriel=1view=tocidno=aab1246.0001.001. Retrieved 2008-03-26 . (English explanation by Sulpicio Guevara) Guevara 2005, p. 88.