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    The Preamble: (Philippine 1987 Constitution)

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    kristine319
    This document provides an overview of the preamble of the 1987 Philippine Constitution. It begins by defining what a preamble is - an introductory statement that establishes the origin and purpose of the constitution. While not an essential part of the constitution, the preamble serves an important function by outlining the spirit and objectives behind the document. It then examines the key elements and comparative differences between the preambles of past Philippine constitutions from 1899 to 1987, noting changes in wording, references to divine authority, and perspectives used. The document aims to understand the importance and role of the preamble through this analytical approach.

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    The Preamble: (Philippine 1987 Constitution)

    Uploaded by

    kristine319
    390 views40 pages
    This document provides an overview of the preamble of the 1987 Philippine Constitution. It begins by defining what a preamble is - an introductory statement that establishes the origin and purpose of the constitution. While not an essential part of the constitution, the preamble serves an important function by outlining the spirit and objectives behind the document. It then examines the key elements and comparative differences between the preambles of past Philippine constitutions from 1899 to 1987, noting changes in wording, references to divine authority, and perspectives used. The document aims to understand the importance and role of the preamble through this analytical approach.

    Original Description:

    polsci

    Original Title

    Art 1 National Territory

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    This document provides an overview of the preamble of the 1987 Philippine Constitution. It begins by defining what a preamble is - an introductory statement that establishes the origin and purpose of the constitution. While not an essential part of the constitution, the preamble serves an important function by outlining the spirit and objectives behind the document. It then examines the key elements and comparative differences between the preambles of past Philippine constitutions from 1899 to 1987, noting changes in wording, references to divine authority, and perspectives used. The document aims to understand the importance and role of the preamble through this analytical approach.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    390 views40 pages

    The Preamble: (Philippine 1987 Constitution)

    Uploaded by

    kristine319
    This document provides an overview of the preamble of the 1987 Philippine Constitution. It begins by defining what a preamble is - an introductory statement that establishes the origin and purpose of the constitution. While not an essential part of the constitution, the preamble serves an important function by outlining the spirit and objectives behind the document. It then examines the key elements and comparative differences between the preambles of past Philippine constitutions from 1899 to 1987, noting changes in wording, references to divine authority, and perspectives used. The document aims to understand the importance and role of the preamble through this analytical approach.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 40

    The PREAMBLE

    (Philippine 1987 Constitution)


    University of San Carlos
    Department of Political Science
    POSC _____

    Philippine Government & Constitution


    1

    Learning Objectives
    To serve as a formal introduction to the
    study of the 1987 Constitution;
    To understand the importance and
    function of the Preamble; and
    To provide a comparative approach of
    appreciating the Preamble of the present
    and past constitutions.

    What is a Preamble?
    Etymology: Latin term Preambulare which
    means to walk before.
    It is a prologue or an introduction of the
    constitution.
    Nota Bene! (Take Note)
    It is not an essential part of the Constitution
    (Notice that it is not one of the Essential
    Requisites of a Good Written Constitution.)
    BUT it is an important part because it serves a
    very vital function.
    3

    How important is it?


    Object & Value
    Sets down the origin & purposes of the
    Constitution
    It provides for the outline of and the spirit behind
    the Constitution.
    It tells who are the authors and for whom it is
    promulgated
    States the general purpose which are intended to be
    achieved

    Serves as an aid in its interpretation


    For purposes of construction

    The 1987 Constitution


    We, the sovereign Filipino people, imploring
    the aid of Almighty God, in order to build a just
    and humane society and establish a Government
    that shall embody our ideals and aspirations,
    promote the common good, conserve and
    develop our patrimony, and secure to ourselves
    and our posterity the blessings of independence
    and democracy under the rule of law and a
    regime of truth, justice, freedom, love,
    equality, and peace, do ordain and promulgate
    this Constitution.
    5

    Comparative Approach of the study


    the Phil. Constitutions Preamble
    Number of Words: 75 (1987)

    one of the worlds longest

    An indication of a very TALKATIVE Constitution!

    60 (1973)
    Divine Intervention:
    Almighty God (1987)
    Divine Providence (1935 & 1973)

    The use of 1st person approach vs. 3rd person


    approach
    Insertion of the phrases:
    To build a just and humane society
    The Rule of Law
    Aspirations
    the
    Truth
    meanings.
    Love

    Pls. check

    The 1899 Constitution


    We, the Representatives of the
    Filipino people, lawfully convened, in
    order to establish justice, provide for
    common defense, promote the general
    welfare, and insure the benefits of
    liberty, imploring the aid
    of the Sovereign Legislator of the
    Universe for the attainment of these
    ends, have voted, decreed, and
    sanctioned the following:
    8

    The 1935 Constitution


    The Filipino people, imploring the aid of
    Divine Providence, in order to establish a
    government that shall embody their ideals,
    conserve and develop the patrimony of the
    nation, promote the general welfare, and
    secure to themselves and their posterity the
    blessings of independence under a regime of
    justice, liberty, and democracy, do ordain and
    promulgate this Constitution.
    9

    The 1973 Constitution


    We, the sovereign Filipino people,
    imploring the aid of Divine Providence, in
    order to establish a government that shall
    embody our ideals, promote the general
    welfare, conserve and develop the patrimony
    of our Nation, and secure to ourselves and our
    posterity the blessings of democracy under a
    regime of justice, peace, liberty, and equality,
    do ordain and promulgate this Constitution.
    10

    Draft Constitution of the Federal Republic


    of the Phil. with a Parliamentary Government
    (By the Citizens Movement for a Federal Philippines)
    Edited by Jose V. Abueva

    We, the sovereign Filipino people, imploring


    the aid of the Almighty God, in order to build a
    peaceful, just and humane society and
    establish a Government of integrity and
    competence that shall embody our patrimony,
    and secure to ourselves and our posterity the
    blessings of independence, democracy, and a
    thriving national economy (From Rodolfo
    Vicerra) under the rule of law and a regime of
    truth, justice, freedom, love equality and
    peace, do ordain and promulgate this
    constitution of the Federal republic of the
    Philippines. (Present preamble as amended)
    11

    References
    De Leon, Hector (2005). Textbook on the
    Philippine Constitution. Philippines: Rex
    Bookstore. Pp. 32-37.
    Toward a Federal Republic of the
    Philippines with a Parliamentary
    Government (2002). Jose V. Abueva. Pp.
    103-158.
    http://www.gov.ph
    12

    Art. I

    National Territory
    (Philippine 1987 Constitution)

    Art I. Sec. 1. National Territory


    (1987 Constitution)
    The National Territory comprises:
    1.) The Philippine archipelago, with all the islands and waters
    embraced therein;
    2.) All other territories over which the Philippines has sovereignty or
    jurisdiction, consisting of its
    terrestrial
    Fluvial, and
    Aerial domains;
    3.) Including its:
    Territorial sea
    Seabed
    Subsoil
    Insular shelves, and
    Other submarine areas;
    4.) The waters around, between, and connecting the islands of the
    archipelago, regardless of their breadth and dimensions, form part of
    the internal waters of the Philippines.

    Basic Concepts

    Domains of the Territory


    Terrestrial
    Fluvial
    Aerial
    Other Concepts
    territorial sea, (part of the sea
    extending 12NM from the low water
    mark)
    seabed, (landholding the sea, lying
    beyond the seashore, incldn min. &
    nat res)
    subsoil, (everything beneath the
    surface soil & seabed incldng min. &
    nat res.)
    insular shelves, (submerged portion
    of an offshore island)
    other submarine areas (all other
    areas under the territorial sea);

    Fold Division of Waters


    Inland or internal waters
    Territorial Sea
    High or Open Seas (not subject to the
    sovereignty of any state)
    Territorial Waters of a State
    And JURISDICTION over
    navigable waters

    A state exercises sovereignty to this to


    the same extent as its land territory
    but foreign vessels have the Right of
    Innocent Passage (same concept of
    the Right of Way) through territorial
    Sea.

    Inland + Territorial Sea

    Territorial Sea
    It is the part of the sea extending 12nm from the
    low water mark.
    No problem with Compact State.
    How about for archipelagic states?

    Philippines CANNOT adhere to this 12Mile Rule!


    WHY?
    It will not adequately protect our interest!
    It will have fatal effect upon the territorial
    integrity of the Phil because it will create
    POCKETS of open or high seas!

    The Philippines is an ARCHIPELAGO!

    What is an Archipelago?
    Greek word pelagos which means sea or
    part of sea studded with islands or islands
    studded with water.

    It therefore includes BOTH sea and islands


    (which geographically is considered as an
    independent whole)
    Problem: How will archipelagic states
    measure their territorial sea?

    Solution:
    Convention on the Law of the Sea
    (Geneva Convention in 1958)

    Gen Rule: 12M Rule (formerly the 3Mile


    Rule before the Jamaica Convention on the
    Law of the Sea)
    Exception: Archipelagic Theory for
    Archipelagic States
    Methods to be used:
    Archipelagic Doctrine
    Straight Baseline Method

    Archipelagic Doctrine
    Integration of a group of islands to the sea
    and their ONENESS so that together they
    constitute ONE UNIT, ONE COUNTRY and
    ONE STATE.
    The entire archipelago is regarded as one
    unit instead of being fragmented into so
    many thousand islands and this ONE unit is
    subject to the exclusive sovereignty of
    the state.

    Straight Baseline Methods


    An imaginary single baseline is drawn
    around the islands by joining appropriate
    points of the outermost islands of the
    archipelago with straight line and all
    waters and islands enclosed within the
    baseline form part of the territory of the
    archipelagic state (2nd sentence of Sec. 1
    of Art I)

    Other territories over which the


    Philippines has sovereignty or jurisdiction.
    Sabah
    Kalayaan Group of Islands or Spratley
    Island
    Marianas Islands
    Scarborough Shoal

    Sabah

    Scarborough Shoal

    Spratley Islands

    QUIZ

    Identify and locate the ff:


    a.) Philippine archipelago
    b.) Internal Waters
    c.) Three Major Islands: Luzon, Visayas, Mindanao
    d.) Territorial Sea
    e.) Contiguous Zone
    f.) Exclusive Economic Zone
    g.) International Waters
    h.) Spratley Islands
    i.) Sabah
    j.) Imaginary Straight Baseline
    k.) Scarborough Shoal

    References
    De Leon, Hector (2005). Textbook on the
    Philippine Constitution. Philippines: Rex
    Bookstore. Pp. 32-37
    ******************************
    For You to DO!
    Make a research about the Philippines claim
    over Spratlys or Kalayaan Group of Islands
    and Scarborough Shoal

    USS Guardian on the Tubbataha


    Reef

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