Iycee Charles de Gaulle Summary Philippine Consititution of 1987 Essay

Philippine Consititution of 1987 Essay

The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. a. The basic principles underlying the 1935, 1973 and 1987 Constitutions. b. Manifestations of a republican state. c. Define “state” COLLECTOR VS. CAMPOS RUEDA, 42 SCRA 23 d. Elements of a state. Define each: 1. people 2. territory 3. sovereignty 4. government e. Different meanings of the word “people” as used in the constitution: 1. as inhabitants (Art. XIII, Sec. 1; Art. III, Sec. 2); 2. as citizens (Preamble; Art. II, Sec. 1 & 4; Art.

III, Sec. 7); 3. as voters (Art. VII, Sec. 4) f. Presidential & parliamentary forms of government Read: 1. FREE TELEPHONE WORKERS UNION VS. OPLE, 108 SCRA 757 The government of the Philippines under the 1973 Constitution is “essentially presidential with parliamentary features. ” 2. LEGASPI VS. SEC. OF FINANCE, 115 SCRA 418 The form of government is “essentially parliamentary with presidential features. ” g. Two-fold function of the government Read: 1)BACANI VS. NACOCO, 100 Phil. 468 (Ministrant [merely directory] and Constituent [Mandatory] Functions) 2) ACCFA VS. CUGCO, 30 SCRA 649

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Due to complexities of the changing society, the two-fold function of the government as classified by President Wilson is no longer relevant. h. Parents Patriae Read: 1) GOVT. VS. MONTE DE PIEDAD, 35 Phil 738 2) CABANAS VS. PILAPIO, 58 SCRA 94 i. De jure govt.? De facto govt.? Read: 1. AQUINO VS. COMELEC, 62 SCRA 275 (on the de jure aspect) 2. In Re: SATURNINO BERMUDEZ, 145 SCRA 160 A government formed as a result of a people’s revolution, is considered de jure if it is already accepted by the family of nations or other countries like the United States, Great Britain, Germany, Japan, and others. . Estrada vs. Macapagal & Desierto, infra. j. The three (3) kinds of de facto government? Read: CO KIM CHAM VS. VALDEZ TAN KEH, 75 Phil. 113 There are several kinds of de facto governments. a. The first, or government de facto in a proper legal sense, is that government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal governments and maintains itself against the will of the latter, such as the government of England under the Commonwealth, first by Parliament and later by Cromwell as Protector. . The second is that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated a government of paramount force, as the cases of Castine, in Maine, which was reduced to British possession in the war of 1812, and Tampico, Mexico, occupied during the war with Mexico, by the troops of the United States. c.

And the third is that established as an independent government by the inhabitants of a country who rise in insurrection against the parent state of such as the government of the Southern Confederacy in revolt not concerned in the present case with the first kind, but only with the second and third kinds of de facto governments. “But there is another description of government, called also by publicists a government de facto, but which might, perhaps, be more aptly denominated a overnment of paramount force. Its distinguishing characteristics are (1), that its existence is maintained by active military power with the territories, and against the rightful authority of an established and lawful government; and (2), that while it exists it necessarily be obeyed in civil matters by private citizens who, by acts of obedience rendered in submission to such force, do not become responsible, or wrongdoers, for those acts, though not warranted by the laws of the rightful government.

On the other hand, laws of a political nature or affecting political relations, such as, among others, the right of assembly, the right to bear arms, the freedom of the press, and the right to travel freely in the territory occupied, are considered as suspended or in abeyance during the military occupation. Although the local and civil administration of justice is suspended as a matter of course as soon as a country is militarily occupied, it is not usual for the invader to take the whole administration into his own hands.

In practice, the local ordinary tribunals are authorized to continue administering justice; and judges and other judicial officers are kept in their posts if they accept the authority of the belligerent occupant or are required to continue in their positions under the supervision of the military or civil authorities appointed, by the Commander in Chief of the occupant. These principles and practice have the sanction of all publicists who have considered the subject, and have been asserted by the Supreme Court and applied by the President of the United States.

The doctrine upon this subject is thus summed up by Halleck, in his work on International Law (Vol. 2, p. 444): “The right of one belligerent to occupy and govern the territory of the enemy while in its military possession, is one of the incidents of war, and flows directly from the right to conquer. We, therefore, do not look to the Constitution or political institutions of the conqueror, for authority to establish a government for the territory of the enemy in his possession, during its military occupation, nor for the rules by which the powers of such government are regulated and limited.

Such authority and such rules are derived directly from the laws war, as established by the usage of the of the world, and confirmed by the writings of publicists and decisions of courts in fine, from the law of nations. . . . The municipal laws of a conquered territory, or the laws which regulate private rights, continue in force during military occupation, excepts so far as they are suspended or changed by the acts of conqueror. . . . He, nevertheless, has all the powers of a de facto government, and can at his pleasure either change the existing laws or make new ones. ”

The governments by the Philippine Executive Commission and the Republic of the Philippines during the Japanese military occupation being de facto governments, it necessarily follows that the judicial acts and proceedings of the courts of justice of those governments, which are not of a political complexion, were good and valid, and, by virtue of the well-known principle of postliminy (postliminium) in international law, remained good and valid after the liberation or reoccupation of the Philippines by the American and Filipino forces under the leadership of General Douglas MacArthur.

According to that well-known principle in international law, the fact that a territory which has been occupied by an enemy comes again into the power of its legitimate government of sovereignty, “does not, except in a very few cases, wipe out the effects of acts done by an invader, which for one reason or another it is within his competence to do.

Thus judicial acts done under his control, when they are not of a political complexion, administrative acts so done, to the extent that they take effect during the continuance of his control, and the various acts done during the same time by private persons under the sanction of municipal law, remain good.

Were it otherwise, the whole social life of a community would be paralyzed by an invasion; and as between the state and the individuals the evil would be scarcely less, it would be hard for example that payment of taxes made under duress should be ignored, and it would be contrary to the general interest that the sentences passed upon criminals should be annulled by the disappearance of the intrusive government . ” (Hall, International Law, 7th ed. , p. 518. And when the occupation and the abandonment have been each an incident of the same war as in the present case, postliminy applies, even though the occupant has acted as conqueror and for the time substituted his own sovereignty as the Japanese intended to do apparently in granting independence to the Philippines and establishing the so-called Republic of the Philippines. (Taylor, International Law, p. 615. ) l. Sovereignty: 1. legal 2. political m. The doctrine of sovereignty as auto-limitation?