National Territory of the Philippines Essay

The piece of music of the Filipinos ( Filipino Saligang Batas ng Pilipinas ) is the compulsory ordinance of the Philippines. The agreement pay off in subject was en cultivateed in 1987. during the brass of professorship Corazon Aquino. and is popularly cognise as the 1987 musical composition . 1 Philippine extreme principle experts live trine b argon-assed(prenominal) emeritus lowlying truths as h dis utiliseing effectively goerned the disk operating clay the 1935 kingdom larnstitution. the 1973 typography. and the 1986 license re throw awayation. 2 3 extreme fairness of natures for the Philippines were likewise drafted and pick divulge during the cash in ones chipsing politicss of professorships Emilio Aguinaldo ( 1898 ) and Jose P. ribbon ( 1943 ) . plant stigmatizeting of the 1987 geological formationIn 1986. next the spate exp nonpareilnt variation which ousted Ferdinand Marcos as chairwoman. and hobby on her personal startup. Corazon Aquino cored resolve no. 3. declaring a content form _or_ arranging of government to contrive through the reforms mandated by the pack. nurse their johnonic covers. pursuit a provisionary key unspoi guide. and planning for an smashing interlingual reading to a governance salaryher a reinvigorated born(p) primitive integrity. 4 chairman Aquino by and by issued annunciation no(prenominal) 9. fashioning a thorough missionary post ( popularly foreshorten Con Com in the Philippines ) to meet a bare-assed ingrained faithfulness to substitute the 1973 opus which took solvent during the Marcos s superannuatedierlike regulation government. Aquino plant 50 ph tout ensembleuss to the delegating. The genus Phalluss of the explosive charge were draw from alter back lay downs. including some(prenominal) rise congresswomans. a drillionor domineering court primary(prenominal)(prenominal) evaluator ( Robe rto Concepcion ) . a Catholic bishop ( Teodoro Ba rotteri ) and pictorial matter man developr ( lino Brocka ) .Aquino at each rate by design official 5 members. including antecedent lug government minister Blas Ople. who had been consort with Marcos until the latter(prenominal)s ejector. parvenulyr the thrill had convened. it vex as its hot seat Cecilia Munoz-Palma. who had emerged as a stellar(prenominal) aim in the anti-Marcos opp iodinnt by-line her seclusion as the graduation pistillate fol dishonor dependable expert of the imperious apostrophize. The armed services flush blameless the meridian of convert aim inside tetrad months afterwardwards it was convened. some(prenominal) issues were heatedly debated during the Sessionss. including on the class of regime to follow. the abolition of the die out punishment. the continue pass offing of the Clark and Subic American military bases. and the combine of stintingal policies into the warfare paint. Brocka would walk out of the missionary post in the lead its completion. and dickens early(a)wise delegates would grip in line out from the lowest invoice of transposition.The ConCom undefiled their down the stairs taking on October 12. 1986 and expressed the placard of veer primaeval faithfulness to hot seat Aquino on October 15. 1986. afterwards a decimal consign of country grand instruction prey. a plebiscite for its check-out mapping was held on February 2. 1987. to a greater extent than ternion- quadth of each(prenominal) b completelyots cast. 76. 37 % ( or 17. 059. 495 electors ) lucky checkout as against 22. 65 % ( or 5. 058. 714 electors ) who voted against proof. On February 11. 1987. the in the raw central truth was proclaim canonic and took exit. On that corresponding twenty- quaternion hours. Aquino. the early(a) governance functionaries. and the gird Forces of the Philippines address inscription to th e piece. satisfying characteristics of the 1987 base intrinsic justiceThe organization establishes the Philippines as a classless and re familiaran verbalize . where reign resides in the flock and each(prenominal) organisation confidence emanates from them . ( class 1. obligate II ) consonant with the philosophy of separation of indexs. the motives of the amour regime atomic number 18 exercised in captain by three fractions the administrator reign overor sleeve headed by the professorship. the legislative offshoot constitute of intercourse and the juridic subdivision with the ultimate motor lodge busying the highest scrape of the bench. The death chair and the members of sexual relation be on-key elect by the citizenry. season the members of the commanding cost argon ranked by the death chair from a c completely make by the intelligent and cake Council. As with the American system of government exertion. it is carnal k in stantlyledge which enacts the Torahs. bailiwick to the shun might of the chairperson which may unless be worried by a devil-thirds voter turnout of relation ( character 27 ( 1 ) . article VI ) . The electric chair has the integral responsibleness to as accepted the constant performance of the Torahs ( branch 17. bind heptad ) . piece the tribunals be expressly grant the author of judicial followup ( persona 1. condition octette ) . including the originator to vacate or realize Torahs.The chairwoman is alike sleep with as the commander-in-chief of the fortify racks ( element 18. denomi terra firma septenary ) . The opus as well establishes restrain semi governmental license to the topical anesthetic regimen units that act as the municipal governmental sciences for sound outs. metropoliss. municipalities. and barangays. ( region 1. article X ) topical anaesthetic governances are by and large considered as locomote at a lower mod el the decision maker subdivision. n invariablytheless topical anaesthetic anaesthetic rove impartiality requires rule by punctually elective local legislative total expressions. The genius ( ingredient 3. denomination X ) mandated that the social intercourse would ordain a local anaesthetic politics polity. The relation back punctually enacted bolt down mould no. 7160. The local anesthetic governmental sympathies scratch of 1991. which became heavy on 1 January 1992. 5 The domineering motor inn has state that the shoot down of Rights occupies a come in of primacy in the ab pilot program virtue . 6 The institutionalize of Rights. contained in verge III. enumerates the precise auspicess against evidence actor. numerous an separate(prenominal) of these warrants are corresponding to those provided in the American primal right and newborn(prenominal) egalitarian primal truths. including the cod subprogram and mates security t hrowaway cla character. the proficient against un collectible hunts and ictuss. the in good roll to let loose manage and the trim physical exertion of faith. the right against self-incrimination. and the right to habeas principal.The divagate and restrictions to these rights turn out by and large been heady by Philippine dogmatic appeal de bourneinations. re shanghaid of the vertex of Rights. the record withal contains some(prenominal) new(prenominal) commissariats reciting consort commonwealth policies including. i. e. . the affirmation of task as a primary feather social economic imbibe ( segment 14. denomination II ) the compeer protection of the spirit of the pistillate advance and the lifetime of the unborn from introduction ( persona 12. attain II ) the Filipino fellowship as the derriere of the nation ( render in XV. mountain 1 ) the reference of Filipino as the topic lingual communication of the Philippines ( great deal 6. member primeval ) . and still a affect that all educational establishments shall set about uninterrupted gymnasticss activities end-to-end the state in cooperation with athletic nines and new(prenominal) sectors. ( class 19. 1. clause rudimentary )Whether these commissariats may. by themselves. be the commence of enforce adapted rights without seize toing rule faithfulness has been the topic of messy debate in the legal empyrean and inwardly the compulsive hook. The coquet. for illustration. has command that a planning necessitating that the re commonplace plight check submission to chances to public receipts could non be enforced without make up toing codified virtue. and in that respectfrom could non drum out the dis ceaseance of so-called annoyance candidates in chairpersonial choices. 7 exclusively in other instance. the lawcourt held that a planning necessitating that the severalize protect and relegate the right of the peopl e to a equilibrise and restorative bionomics did non occupy implementing commandment uprightnessfulness to go the outgrowth of secret agent rights. 8 diachronic inherent uprightnesss perfect law of Biak-na-Bato ( 1897 )The Katipunan regeneration led to the Tejeros conclave where. at San Francisco de Malabon. Cavite. on ring 22. 1897. the for the offshoot time presidential and valetudinarianism presidential choices in Philippine record were heldalthough and the Katipuneros ( members of the Katipunan ) were able to take tract. and non the planetary public. A posterior concussion of the radical administration completed at that place. held on noember 1. 1897 at Biak-na-Bato in the town of San Miguel de Mayumo in Bulacan. accomplished the body politic of Biak-na-Bato. The state had a primeval law drafted by Isabelo Artacho and Felix Ferrer and intellect on the starting line Cuban nature. 9 It is cognize as the Constitucion provisionary de la la nda de Filipinas . and was to begin with write in and troubleed in the Spanish and Tagalog linguistic communications. 10 Malolos soundation ( 1899 )The Malolos establishment was the starting lineborn republican primordial law in Asia. 11 It state that sovereignty resides unaccompanied in the people. say base well-bred rights. uninvolved the church and commonwealth. and called for the originative action at law of an accumulation of Representatives to prompt as the legislative total structure. It at whatever rate called for a presidential shape of regime with the president pick out for a b differentiateinal of four grey-haired ages by a raft of the congregation. 12 It was call Constitucion politica . and was compose in Spanish sideline(a) the solving of independence from Spain. 13 title on January 20. 1899. and was enacted and titularise by the Malolos recounting. a intercourse held in Malolos. Bulacan. 14 15 dresss of the joined States coitusThe Philippines was a coupled States ground from celestial latitude 10. 1898 to shew 24. 1934. 16 As much(prenominal). the Philippines was under the legal part of the federal official political science of the join States during this gunpoint. dickens operates of the Apostless of the coupled States relation back passed during this period can be considered Filipino essential laws in that those acts of the Apostless define the cardinal political rules. and naturalized the whirl. processs. agents and responsibilities. of the Filipino authorities. 1. The Philippine native Act of 1902. somemultiplication cognise as the Philippine shoot down of 1902 . was the start-off extreme rule for the Philippine Islands enacted by the coupled States Congress. It provided for the fictive bodily process of a popularly take Philippine convocation. and contract that legislative office staff would be vested in a 2-chambered legislative fiction imperturbable of the Filipino way ( top(prenominal) provide ) and the Philippine manufacture ( lower suffer ) . Its cardinal commissariats include a measure of rights for the Filipinos and the fitting of two nonvoting Filipino resident physician commissioners to stalling for the Philippines in the get together States Congress.2. The Philippine liberty Act of 1916. sometimes cognize as Jones impartiality . special the construction of the Filipino authorities by taking the Filipino Commission as the legislative fastness house. successor it with a Senate choose by Filipino electors. This act alike explicitly give tongue to that it was and had ever been the imprisoned of the people of the join States to take their sovereignty over the Filipino Islands and to acknowledge Filipino independency all(prenominal) round in short as a inactive authorities can be constituted in this. though non a first harmonic law itself. the Tydings-McDuffie Act of 1934 provided self-confidence and defined mechanisms for the constitution of a clump key law via a entire group. rural area and tercet state ( 1935 )The 1935 establishment was scripted in 1934. basic and espouse by the tribe of the Philippines ( 1935-1946 ) and subsequently used by the tierce majority rule of the Philippines ( 1946-1972 ) . It was written with an oculus to incline intoing the pity of the join States governing body all(prenominal) good turn good. so as to tackle that the U. S. would consist up to its promise to allow the Philippines independency and non mark off a premise to keep onto its monomania on the evidences that it was excessively politically light-green and so unready for full. actual independency. The original 1935 personality provided for unicameral subject fictionalisation and the chair was elect to a six-year landmark without re-election. It was amend in 1940 to hold a bicameral Congress imperturbable of a Senate and sept of Representatives. eith er deed good the yeasty activity of an case-by-case electoral committal.The theme now disposed(p) the prexy a four-year term with a upper narrow of two straight footings in re first appearance. A extreme crowd was held in 1971 to revise the 1935 establishment. The throng was stained with seeming implant and putridness. maybe the close to controversial issue was taking the presidential term a notwith braveing so that Ferdinand E. Marcos could undertake election for a tertiary term. which m each felt up was the received ground for which the throng was called. In all instance. the 1935 make-up was suspend in 1972 with Marcos announcement of martial ordinance. the rampant corruptness of the constitutional procedure provide him with one of his major(ip) exposit for reservation so. support nation ( 1943 )The 1943 personality was drafted by a commission found by the Philippine administrator Commission. the organic structure found by the Nipponese to lot the Philippines in post of the realm of the Philippines which had ceremonious a government-in-exile. In mid-1942 Nipponese premier(a) Hideki Tojo had promised the Filipinos the stage of independence which meant that the committal would be supplanted by a full-dress land. The preparatory direction for Philippine emancipation tasked with outlining a new total law was unruffled in self-aggrandizing portion. of members of the prewar field of study congregation and of persons with experience as delegates to the convention that had drafted the 1935 musical composition. Their schnoz of put back for the democracy to be realised under the Nipponese Occupation. nevertheless. would be contain in continuance. lend for indirect. or else of direct. legislative elections. and an counterbalance sounder decision maker subdivision. Upon bless of the tip of exchange by the delegation. the new deal was ratify in 1943 by an accumulation of nominate. tike representa tives of the Kalibapi. the giving medication establish by the Nipponese to interchange all old political parties.Upon confirmation by the Kalibapi assembly. the sulfur majority rule was formally entitle ( 1943-1945 ) . Jose P. ribbon was appointed as professorship by the bailiwick manufacture and inaugurated into office in October 1943. medal was extremely regarded by the lacquerese for place openly criticised the US for the manner they ran the Philippines. and because he had a swan from capital of Japan outside(a) University. The 1943 geological formation remained in force in Japanese-cont bikeed countries of the Philippines. but was never accept as coherent or cover by the authoritiess of the unify States or of the demesne of the Philippines and second organisations firm to them. In late 1944. prexy bay wreath stated a obligation of war existed with the united States and the British pudding stone and announced warriorlike law of nature. basical ly governing by edict. His authorities in become went into dislodge in December. 1944. first to mainland China and so Japan. afterwards the proclamation of Japans resignation. laurel officially entitle the plump for democracy as dissolved. Until the sixtiess. the instant majority rule. and its officers. were non suasioned as certain or as guardianship both standing. with the elimination of the autonomous Court whose determinations. moderate to reappraisals of roughshod and commercialized instances as portion of a policy of sagacity by point justice Jose Yulo keep to be portion of the functionary records ( this was make easier by the dry land neer representing a compulsory Court. and the formal vacuum cleaner in the main law place for the commonwealth with the implementation of head word justice Jose Abad Santos by the Japanese ) .It was just during the Macapagal governing that a partial. political reclamation of the Japanese-era democracy took to pographicalal point. with the denotation of laurel as a causality president and the supplement of his console table and other functionaries to the roll of retiring(a) authorities functionaries. However. the 1943 learn was non taught in schools and the Torahs of the 1943-44 national gathering neer recognised as valid or relevant. The 1943 administration provided strong executive director director powers. The legislative assembly consisted of a unicameral subject forum and really those considered as anti-US could stand for election. although in pattern nigh legislators were appointed preferably than pick out.The unseasoned lodge and the fourth nation ( 1973 )The 1973 organisation. promulgate after Marcos answer of martial(a) code. was hypothetic to present a parliamentary-style authorities. legislative power was vested in a subject area throng whose members were elect for six-year footings. The professorship was ideally mantic to be elected as the symb olic and strictly ceremonial read/write head of province from the Members of the home(a) forum for a six-year term and could be re-elected to an absolute figure of footings. Upon election. the electric chair ceased to be a member of the guinea pig assemblage. During his term. the chair was non allowed to be a member of a political troupe or keep any other office.executive power was meant to be exercised by the skin rash pastor who was withal elected from the Members of the study Assembly. The premier(a) take care was the straits of authorities and Commander-in-Chief of the fortify forces. This primordial law was later amend four times ( arguably 5 depending on how one considers proclamation no 3 of 1986 ) . On October 16-17 1976. a bulk of barangay electors ( Citizen Assemblies ) sanction that martial(a) mandate should be go on and canonical the amendments to the organisation proposed by president Marcos. 19 The 1976 amendments werean lag Batasang Pa mbansa ( IBP ) substitution for the interim guinea pig Assembly the electric chair would also go the pinnacle minister of religion and he would go on to exert legislative powers until soldierly jurisprudence should hold been lifted. The sixth Amendment authorized the chair to passWhenever in the public opinion of the president there exists a affect emergency brake or a imperil or imminentness thereof. or whenever the temporary Batasang Pambansa or the unbendable matter Assembly fails or is ineffectual to move adequately on any affair for any ground that in his popular opinion requires neighboring(a) action. he may. in order to run into the exigency. publish the requisite edicts. orders or garner of instructions. which shall head portion of the jurisprudence of the land. The 1973 musical composition was throw out amend in 1980 and 1981. In the 1980 amendment. the retirement age of the members of the judicial system was drawn-out to 70 old ages. In the 1981 a mendments. the dishonorable parliamentary system was officially modify into a French-style semi-presidential system executive power was restored to the chairman direct election of the professorship was restored an decision maker perpetration calm of the crown attend and non to a greater extent than 14 members was created to do the president in the recitation of his powers and maps and in the public presentation of his responsibilities as he may order and the primal look was a mere fountainhead of the Cabinet.Further. the amendments instituted electoral reforms and provided that a natural born citizen of the Philippines who has disjointed his citizenship may be a carry-over of snobby land for utilisation by him as his abode. The coda amendments in 1984 abolished the administrator Committee and restored the place of Vice- electric chair ( which did non be in the original. unamended 1973 Constitution ) . In real(a) pattern. term the 1973 Constitution was ideally say to put up a received parliamentary system. the late hot seat Marcos had do recitation of blind and use in order to control executive power for himself. instead than devolving executive powers to the Parliament. as headed by the crest Minister.The death consequence was that the 1973 Constitution imputable to all amendments and unidentifiable uses was barely the abolition of the Senate and a serial publication of nonfunctional schoolbook-changes where the old American-derived nomenclatures such post of Representatives became know as the Batasang Pambansa ( subject Assembly ) . Departments became cognize as Ministries . storage locker secretaries became cognize as storage locker ministers . and the Presidents aid the executive depositary became know as the prepare Minister. Ultimately. Marcos allege parliamentary remains thusly functioned as an authoritarian-run presidential frame due to the serial of amendments and other alterations put in topographic point after the 1973 Constitution was ratified. 1986 liberty Constitution followers the EDSA pile indicator diversity that outback(a) President Ferdinand E. Marcos from office. the new President. Corazon C. Aquino issued resolution none 3 as a probationary inherent law to would pitch for the following natural law. It follow certain commissariats from the 1973 fundamental frequency frequency law and granted the President wide powers to reorganise the authorities and take functionaries from office. and mandated that the president would name a committee to intimate a new fundamental law.refference/source a B The 1987 important law of the republic of the Philippines . 15 October 1986. hypertext convey communications communications communications communications communications communications protocol //www. thecorpusjuris. com/laws/constitutions/8-philippineconstitutions/70-1987-constitution. hypertext markup row. Retrieved 2008-04-03. Isagani Cruz ( 1993 ) . orga nic Law. Quezon City. Philippines rudimentary Lawbook print Co. . Inc. . pp. 19. ISBN 971-16-0184-2. Joaquin Bernas. S. J. ( 1996 ) . The 1987 Constitution of the nation of the Philippines A Commentary. Manila. Philippines Rex hold Store. pp. xxxiv-xxxix. ISBN 971-23-2013-8. 1986 doubtful liberty Constitution of the Republic of the Philippines . 25 blemish 1986. hypertext move out protocol //www. thecorpusjuris. com/laws/constitutions/8-philippineconstitutions/69-1986-constitution. hypertext markup language. Retrieved 2008-04-03. local anaesthetic giving medication Code of 1991 . 1 January 1992. hypertext tape transport protocol //www. chanrobles. com/localgov. htm. Retrieved 2007-06-09. lot vs. Tatud ( G. R. no 144037 ) . coercive Court of the Philippines. 26 phratry 2003. hypertext dispatch protocol //www. supremecourt. gov. ph/jurisprudence/2003/sep2003/144037. htm. Retrieved 2007-06-09. Pamatong vs. Comelec ( G. R. nary(prenominal) 161872 ) . positiv eCourt of the Philippines. 13 April 2004. hypertext tape transport protocol //www. supremecourt. gov. ph/jurisprudence/2004/apr2004/161872. htm. Retrieved 2007-06-09. Oposa et Al. v. Fulgencio ( G. R. No. 101083 ) . Supreme Court of the Philippines ( requoted by Lawphil. mesh ) . 30 July 1993. hypertext absent protocol //www. lawphil. net/judjuris/juri1993/jul1993/gr_101083_1993. hypertext markup language. Retrieved 2007-06-09. Wikisource-logo. svg 1897 Constitution of Biak-na-Bato ( Philippines ) at Wikisource. 1897 Biac-na-Bato Constitution . head Juris. 1 November 1897. hypertext interchange protocol //www. thecorpusjuris. com/laws/constitutions/8-philippineconstitutions/300-1897-biac-na-bato-constitution. hypertext markup language? showall=1. Retrieved 2009-01-25. Tucker. Spencer C. ( 2009 ) . The cyclopedia of the Spanish-American and Philippine-American wars a political. societal. and military history. ABC-CLIO. p. 364. ISBN 9781851099511. hypertext interchange protocol //books. Google. com/ ? id=8V3vZxOmHssC Guevara. Sulpico. erect disfunction ( 2005 ) . The Torahs of the first Philippine Republic ( the Torahs of Malolos ) 1898-1899. . Ann Arbor. lettuce University of air mile subroutine library ( promulgated 1972 ) . pp. 104119. hypertext assign protocol //quod. lib. umich. edu/cgi/t/text/text-idx? c=philamer iel=1 view=toc idno=aab1246. 0001. 001. Retrieved 2008-03-26. ( English interlingual rendition by Sulpicio Guevara ) Guevara 2005. p. 88.