RPH Week 12
RPH Week 12
In this lesson, you will learn about the Philippine Constitution as a modern nation-
state encompasses almost every aspect of our life as the citizen of the Philippine.
We should know and understand this everybody which clearly express in the 1987
Constitution, which states that: “All educational institutions shall include the study
of Constitution as part of the Curricula.” (Art. XIV, Sec. 3)
Are you ready to learn? I know you are excited!
Objectives
At the end of the lesson, you are expected to:
1. identify the different constitution that the Philippines has had;
2. examine the sectors, topics, and provisions of the different constitutions of the
Philippines;
3. trace the development of the Philippine Constitution throughout the country’s
history; and
4. identify the significance of the evolution of the Philippine Constitution to the
understanding of the grand narrative of Philippine History.
Day 1: Pre-assessment (What I know)
A blessed day to you! Don’t forget to smile! Let us answer the question
below.
Direction: Through video recording, recite the Preamble of the 1987
Philippine Constitution. Send it to our group chat.
TYPES OF CONSTITUTION
1. WRITTEN OR UNWRITTEN
Written Constitution – one whose principles are contained in a single or group
of papers.
Unwritten Constitution - consists of laws that have not been combined into a
single, tangible form and are instead dispersed throughout other sources, including
foundational legislation, court rulings, publicists' commentary, conventions and
traditions, and some common law concepts.
2. CONVENTIONAL (ENACTED) OR CUMULATIVE (EVOLVED)
Conventional Constitution – one that is formally revoked at a certain time and
location as a result of an intentional or deliberate action by a constituent body or ruler.
Cumulative Constitution - is the outcome of political evolution, which did not
begin at a set period and changed by accretion rather than through a structured process.
3. RIGID OR FLEXIBLE
Rigid Constitution - is one that can only be changed through a formal, frequently
challenging process.
Flexible Constitution - is one that can be changed by ordinary legislation as I the case of
an unwritten constitutions.
”Take note that the Constitution of the Philippines is written, conventional, and rigid”
Thus, a change in the nature of the basic nature of the basic governmental plan includes
change in its fundamental powers of its branches.
B. Submission of Proposal
C. Ratification of Proposal
After submission, the proposed changes must be approved by a majority of voters
in a plebiscite that is held no earlier than 60 days nor later than 90 days after:
a. The proposed amendments or revisions have been approved by the Congress or
Constitutional Convention; or
b. The COMELEC has certified that the petition by the people is sufficient.
ELEMENTS OF A STATE
1. People – refers to the number of state residents that is sufficient for self-sufficiency
and self-defense. For all time, they must originate from both sexes. It could also be used
to describe a group of people bound together by a shared body of law, adequate in size to
ensure the community's survival.
2. Territory – is the fixed area of the planet's surface that a state's citizens call home and
that falls under its exclusive sovereign jurisdiction.
3. Sovereignty – is the ultimate and unstoppable power that a State possesses and uses to
govern itself.
KINDS SOVEREIGNTY:
a. Legal Sovereignty – is the institution in charge of giving final orders. The Congress is
the declared ruler of the Philippines.
b. Political Sovereignty – is the culmination of all a State's legal and extralegal elements
that shape the development of law.
Characteristics of Sovereignty:
It is permanent, exclusive, comprehensive, absolute, indivisible, inalienable, and
imprescriptible.
Principles of Sovereignty
a. Effects of Belligerent Occupation
As to political laws. A belligerent occupation does not result in a change in
sovereignty; rather, the political rules of the invaded region are merely suspended,
with the possibility of their resuscitation under the jus postliminium after the
occupation is over. Keep in mind that the rule suspending political laws only
applies to the civilian residents of the territory under occupation and is not meant
to compel the adversaries to join forces. Although clearly political in nature, the
rule does not apply to the treason laws.
As to non-political laws. Since they are designed to regulate how people relate to
one another and are typically unaffected by changes in governing regimes, non-
political laws are deemed to be in effect until modified by the hostile occupant.
As for judicial decisions. Except for those of a political nature, which are
automatically revoked upon the return of the rightful authorities, all court
decisions made during the occupation and even afterward are lawful.
b. Effects of Change in Sovereignty
As to political laws. Where there is a change in sovereignty, the political laws of
the former sovereign are not merely suspended but abrogated unless they are
retained or re-enacted by positive act of the new sovereign.
As to non-political laws. Non-political laws continue in operation.
IMPERIUM V. DOMINIUM
Imperium refers to the State’s authority to govern. It covers such activities such as
passing laws, governing territory, maintaining peace and order over it, and defending
against foreign invasion. This is the authority possessed by the State embraced in the
concept of sovereignty. Dominium is the capacity of the State to own a property or
properties. It covers such rights as title to land, exploitation and use of it, and disposition
or sale of the same.
4. Government – is the agency or instrumentality, through which the will of the state is
formulated, expressed and realized.
The Government of the Republic of the Philippines is a term that refers to the
corporate governmental entity through which the functions of government are exercised
throughout the Philippine Islands, including, save as the contrary appears from context,
the various arms through which political authority is made effective in said Islands,
whether pertaining to the central Government or to the provincial or municipal branches
or other form of local government.
On the national scale, the term “Government of the Philippines” refers to the three
great departments: the Executive, Legislative and the Judiciary. On the local level, it
means the Regional Provincial, City Municipal and Barangay Governments. It does not
include government entities, which are given a corporate personality separate and distinct
for the government and which are governed by the corporation law.
Day 2 : Review
Direction: Reread the lesson on history. Is the topic very clear to you? If you have
questions or clarifications about the lesson. You may reach me through text, chat or call.
Remember that the constitution is the backbone of the government of the Philippines.
You’re almost done! You will become successful don’t forget to pray and smile! I
believed in your strengths and wisdom because you’re doing a great job!
Wow! That’s great! I know that you are very happy on what you’ve done. Now, let’s try
another activity for you to understand the lesson critically. Come on! Let’s do this!
After toppling the Marcos Dictatorship, the framers of the 1987 Constitution put
in place certain provisions to prevent repeating the tyranny and horrors experienced
during the martial law era from 1972-1983. On May 23, 2017, President Rodrigo Duterte
declared martial law over the whole Mindanao.
Read official reports and documents on the issue and write at least 3 to 5
sentences answering the following:
1. Why Martial law safeguards were provided in the 1987 Constitution? Why or Why
not?
2. Do you think the basis for the declaration of martial law in Mindanao was sufficient?
References:
Naguit, Rey S., (2002) Discourses on the 1987 Philippine Constitution. Bulacan,
Bulacan. Gintong Sinag Publishing.
Asuncion, N.M. & Cruz, G.R. C.(2019).Readings in Philippine History. Quezon City.
C&E
Publishing, Inc.
REMINDERS:
Things to remember as you accomplish this module:
1. Once you are done, Kindly pass ONLY the ANSWER SHEET.
2. Leave a message to your instructor through chat or email about your learning’s. Do
not hesitate to ask him if you have clarifications.
Answer Sheet
WEEK 12
LESSON 12: THE PHILIPPINE CONSTITUTION
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