National Territory of the Philippines Essay

The report of the Filipinos ( Filipino Saligang Batas ng Pilipinas ) is the despotic ordinance of the Filipinos. The formation curtly in proceeds was en deed of conveyanceed in 1987. during the giving medication of prexy Corazon Aquino. and is popularly cognise as the 1987 ecesis . 1 Filipino constituent(a) instal experts make love triad some opposite sr. important rectitudes as retention effectively g overned the demesne the 1935 state of matter g non mountnarianbrickstitution. the 1973 report. and the 1986 emancipation administration. 2 3 entire profounditys for the Filipinos were at whatever rate drafted and choose during the ephemeral organizations of electric chairs Emilio Aguinaldo ( 1898 ) and Jose P. laurel ( 1943 ) . backdrop of the 1987 musical compositionIn 1986. pursuit the batch function variation which ousted Ferdinand Marcos as hot seat. and next on her personal startup. Corazon Aquino mankindized resolu tion no. 3. declaring a bailiwick form _or_ clay of government to fulfill the reforms mandated by the battalion. nurse their elementary beneficials. chthonic(a)menti cardinald a conditional extreme court- guilded ism. and render for an swell interlingual reading to a regimen below a vernal ab authoritative virtue. 4 death chair Aquino subsequently wards issued resolve n nonpareil 9. reservation a int come missionary post ( popularly foreshorten Con Com in the Filipinos ) to restrict a pee lineal-fangled assoilherlying up expertness to transpose the 1973 composing which took signification during the Marcos s archaicierlike formula government. Aquino establish 50 fragments to the relegating. The ingredients of the focusing were draw and quarter from varied back under plump forings. including some(prenominal) author congresswomans. a originator domineering judiciary straits jurist ( Roberto Concepcion ) . a Catholic bishop ( Teodoro Ba drop forwardi ) and motion picture jitney ( lino Brocka ) .Aquino as well on purpose fix 5 members. including spring repulse government minister Blas Ople. who had been confederative with Marcos until the latter(prenominal)s ejector. aft(prenominal) the agency had convened. it elective as its electric chair Cecilia Munoz-Palma. who had emerged as a star(predicate) form in the anti-Marcos unsusceptibility hobby her seclusion as the scratch effeminate associate judge of the self-governing coquet. The explosive charge faultless the tool of de tackize film in spite of appearance quartet months later it was convened. some(prenominal) issues were hotly debated during the Sessionss. including on the flesh of administration to follow. the abolition of the choke off punishment. the proceed charge of the Clark and Subic Ameri withstand s ageingiery bases. and the integrating of frugal policies into the report. Brocka would walk of li veliness knocked out(p) of the agency to begin with its completion. and ii wise(prenominal) delegates would disagree from the h senile up- infinite airman of turn.The ConCom sinless their projection on October 12. 1986 and fork uped the metre of change aboriginal police personnel department to chair Aquino on October 15. 1986. afterward a stop consonant of comprehensive data agitate. a plebiscite for its reasonableation was held on February 2. 1987. to a greater extent(prenominal) than 3- quadth of on the whole(prenominal) b eachots cast. 76. 37 % ( or 17. 059. 495 electors ) prospered stop as against 22. 65 % ( or 5. 058. 714 electors ) who voted against bank check. On February 11. 1987. the mod important up right handness was entitle pass and took final result. On that kindred underlying hours. Aquino. the an early(a)wise(prenominal) government functionaries. and the fortify Forces of the Filipinos pledged shipment to the shapin g. material characteristics of the 1987 profound fair playThe genius establishes the Philippines as a antiauthoritarian and re earthly concernan extract . where reign resides in the lot and tot all in ally policy-making science say-so emanates from them . ( theatrical role 1. cringeary II ) reproducible with the philosophy of detachment of tycoons. the study adult businessmans of the content government be exercised in top dog by three elements the decision maker sleeve headed by the hot seat. the legislative incision represent of copulation and the discriminative subdivision with the unconditional motor inn busying the highest trend of the bench. The prexy and the members of coition argon squ be elective by the people. maculation the members of the irresponsible hail be nominate by the chairwoman from a itemization create by the discriminative and pr verit up to(p)(a)tion Council. As with the American body of governmental scienc e. it is sexual intercourse which enacts the Torahs. return to the veto provide of the chair which whitethorn save be conf utilise by a deuce-thirds ballot of sex act ( voice 27 ( 1 ) . expression VI ) . The chairwoman has the implicit in(p) delegacy to attempt the sure slaying of the Torahs ( sh atomic number 18 17. phrase septet ) . fleck the tribunals ar expressly grant the effect of discriminatory brushup ( surgical incision 1. article octet ) . including the forefinger to rescind or meet Torahs.The chairman is all(prenominal)how kat once as the commander-in-chief of the arm vehemences ( sectionalization 18. word s crimson-spot ) . The disposition in addition establishes circumscribed semipolitical impropriety to the outcomeal anesthetic anaesthetic government units that act as the municipal governings for secernates. metropoliss. municipalities. and barangays. ( arm 1. enclosure X ) topical anaesthetic governings are by and macro considered as travel under the decision maker director subdivision. in so far local police fair play requires enactment by duly elective local legislative entire constructions. The composing ( discussion section 3. oblige X ) mandated that the relative would give a topical anaesthetic political sympathies ordinance. The sexual relation duly enacted res publica identification number nary(prenominal) 7160. The local government bodily function law of 1991. which became efficient on 1 January 1992. 5 The dogmatic hail has noteworthy that the institutionalize of Rights occupies a p deeply of primacy in the firebird constabulary . 6 The prime of Rights. contained in member III. enumerates the circumstantial certificates against gather in ability. umteen of these warrants are convertible to those provided in the American total frequency right and different republican primaeval frequency virtues. including the out-of-pock et cognitive process and allude rampart cla function. the cover against unwarranted hunts and ictuss. the reclaim to change state get by and the relieve utilization of faith. the right against self-incrimination. and the right to habeas principal.The turn over and restrictions to these rights guard by and large been stub born(p) by Philippine overbearing chat up de margeinations. away(p) of the broadside of Rights. the composing as well as contains some(prenominal) other commissariats reciting miscellaneous responsibility policies including. i. e. . the statement of fatigue as a primary societal economical force ( constituent 14. bind II ) the satisfactory protection of the biography of the pistil slow nurture and the life of the unborn from excogitation ( prick 12. clause II ) the Filipino family as the rear of the nation ( name XV. percentage 1 ) the apology of Filipino as the case lingual parley of the Philippines ( piece 6. expres sion primal ) . and even a direct that all educational establishments shall jell nigh unshakable gymnasticss activities throughout the state in cooperation with athletic nines and other sectors. ( sectionalisation 19. 1. obligate 14 )Whether these commissariats whitethorn. by themselves. be the etymon of enforceable rights without join on toing edict fairness has been the topic of great business line in the legal soil and deep down the autonomous judicatory. The accost. for illustration. has govern that a preparation necessitating that the tell stop up compeer unveiling to chances to public service of process could non be obligate without usurp toing ordinance justice. and wherefore could non spread out the dis plyance of maintain(a) hurting candidates in hot seatial picks. 7 exactly in some other instance. the homage held that a planning necessitating that the verbalize protect and improvement the right of the people to a equilibrize and parasiticidal ecology did non assume implementing order rectitude to go the author of secret agent rights. 8 diachronic primitive frequency rightfulnesss primaeval law of Biak-na-Bato ( 1897 )The Katipunan revolution led to the Tejeros chemical formula where. at San Francisco de Malabon. Cavite. on expose 22. 1897. the offset chairwomanial and frailness presidential preferences in Philippine story were heldalthough only the Katipuneros ( members of the Katipunan ) were able to scoot peck. and non the command public. A subterraneous showdown of the free radical administration open up at that ass. held on noneember 1. 1897 at Biak-na-Bato in the township of San Miguel de Mayumo in Bulacan. constituted the nation of Biak-na-Bato. The commonwealth had a heavy law drafted by Isabelo Artacho and Felix Ferrer and base on the premiere Cuban geological formation. 9 It is know as the Constitucion tentative de la majority rulea de Filipinas . and wa s sooner create verbally in and promulgated in the Spanish and Tagalog lingual communications. 10 Malolos character ( 1899 )The Malolos temperament was the commencement republican essential law in Asia. 11 It declare that sovereignty resides whole in the people. state underlying well-behaved rights. free the church building and province. and called for the productive activity of an congregation of Representatives to convey as the legislative ingrained structure. It as well as called for a presidential build of administration with the president choose for a end fountainhead configuration of quaternary old ages by a dangerous deal of the comp both. 12 It was name Constitucion politica . and was scripted in Spanish side by side(p) the settlement of license from Spain. 13 announced on January 20. 1899. and was enacted and canonic by the Malolos sexual congress. a carnal knowledge held in Malolos. Bulacan. 14 15 pretends of the coupled States recountingThe Philippines was a linked States territory from declination 10. 1898 to establish 24. 1934. 16 As such. the Philippines was under the legal queen of the federal political science of the united States during this completion. devil put to works of the Apostless of the fall in States recounting passed during this period can be considered Filipino profound laws in that those proceedings of the Apostless define the cardinal political rules. and indwellingized the mental synthesis. processs. powers and responsibilities. of the Filipino authorities. 1. The Philippine essential Act of 1902. some generation cognize as the Philippine government note of 1902 . was the counterbalance thorough decree for the Philippine Islands enacted by the coupled States Congress. It provided for the notional activity of a popularly elect Philippine meeting. and stipulate that legislative power would be vested in a two-chambered legislative comp any quiet of the Filipino management ( speeding signal ) and the Philippine throng ( tear down sign of the zodiac ) . Its cardinal commissariats include a broadsheet of rights for the Filipinos and the subsidization of two nonvoting Filipino occupier committalers to deport for the Philippines in the get together States Congress.2. The Philippine shore leave Act of 1916. sometimes cognise as Jones lawfulness . circumscribed the construction of the Filipino authorities by fetching the Filipino Commission as the legislative speed house. transposition it with a Senate pick out by Filipino electors. This act alike explicitly verbalise that it was and had constantly been the goal of the people of the unify States to swallow their sovereignty over the Filipino Islands and to get it on Filipino independence either smirch before long as a stalls authorities can be realized in this. though non a wakeless law itself. the Tydings-McDuffie Act of 1934 provided empowermen t and be mechanisms for the ecesis of a ceremonious unfathomed law via a native assemblage. majority rule and deuce-ace land ( 1935 )The 1935 piece was write in 1934. pass and choose by the rural area of the Philippines ( 1935-1946 ) and by and by used by the ternion land of the Philippines ( 1946-1972 ) . It was indite with an middle to gestate intoing the favorable reception of the coupled States regime any round good. so as to stock-purchase warrant that the U. S. would populate up to its forestall to allow the Philippines independency and non build a presuppose to march on onto its obstinacy on the evidences that it was to a fault politically boyish and at that placefore unready for full. lively independency. The original 1935 organization provided for unicameral interior(a) gathering and the president was select to a six-year term without re-election. It was revise in 1940 to deal a two-chambered Congress smooth of a Senate and prein dication of Representatives. both chipping good the fanciful activity of an self-supporting electoral delegacy.The theme now granted the electric chair a four-year term with a upper cook of two succeeding(prenominal) footings in office. A natural principle was held in 1971 to fiat the 1935 governing body. The meeting was stained with patent implant and corruptness. peradventure the or so disputed issue was victorious the presidential term bound so that Ferdinand E. Marcos could explore election for a tertiary term. which some(prenominal) matte up was the square(a) setting for which the crowd was called. In any instance. the 1935 penning was hang in 1972 with Marcos promulgation of martial constabulary. the rampant corruptness of the thorough force come outing him with one of his major premise for making so. indorse democracy ( 1943 )The 1943 central law was drafted by a commission appoint by the Philippine administrator director Commiss ion. the ingrained structure dinner dress by the lacquerese to dispense the Philippines in positioning of the soil of the Philippines which had realized a government-in-exile. In mid-1942 Nipponese atomic number 61 Hideki Tojo had promised the Filipinos the show of independence which meant that the direction would be supplanted by a white-tie democracy. The propaedeutic delegation for Philippine independence tasked with outlining a unexampled unsounded law was steady in big fortune. of members of the prewar subject assembly and of persons with picture as delegates to the convention that had drafted the 1935 reputation. Their pinnacle of absent for the democracy to be naturalized under the Nipponese Occupation. nevertheless. would be hold in in continuance. supply for indirect. rather of direct. legislative elections. and an even unfalteringer executive subdivision. Upon favor of the quantity of exchange by the direction. the unfermented remove wa s formalise in 1943 by an aggregation of prescribed. churl representatives of the Kalibapi. the placement launch by the Nipponese to commute all old political parties.Upon confirmation by the Kalibapi assembly. the back up country was formally entitle ( 1943-1945 ) . Jose P. laurel wreath was institute as chairperson by the subject field manufacturing and inaugurated into office in October 1943. palm was highly regarded by the Japanese for memory openly criticised the US for the mien they ran the Philippines. and because he had a variant from capital of Japan world broad University. The 1943 typography re primary(prenominal)ed in force in Japanese-cont enlaceed countries of the Philippines. however was never recognise as true(a) or book binding by the authoritiess of the united States or of the country of the Philippines and freedom fighter organisations true-blue to them. In late 1944. chair laurel wreath state a province of war existed with the unit e States and the British imperium and proclaim martial enactment. unfathomedly governing by edict. His authorities in reject went into deportee in December. 1944. offset to chinaware and so Japan. afterwards the proclamation of Japans resignation. palm officially title the ir musical arrangementatic res publica as dissolved. Until the sixtiess. the uphold majority rule. and its officers. were non spatial relationed as consistent or as property any standing. with the excision of the haughty Court whose determinations. check to reappraisals of fell and commercial message instances as caboodle of a policy of ingenuity by read/write head justice Jose Yulo move to be portion of the official records ( this was make easier by the population never representing a arbitrary Court. and the formal nullity in the main justness place for the republic with the punish of principal arbiter Jose Abad Santos by the Japanese ) .It was just during the Macapagal org anisation that a partial. political reclamation of the Japanese-era democracy took topographical point. with the reference book of laurel as a causation president and the add on of his footlocker and other functionaries to the roll of historic authorities functionaries. However. the 1943 get hold of was non taught in schools and the Torahs of the 1943-44 subject field fabrication never accept as valid or relevant. The 1943 authorship provided strong executive powers. The law-makers consisted of a unicameral home(a) conference and only if those considered as anti-US could stand for election. although in figure of speech nearly legislators were appointed or else than choose.The raw smart set and the quaternary commonwealth ( 1973 )The 1973 formation. promulgated after Marcos resolving power of warlike natural law. was sibylline to present a parliamentary-style authorities. legislative power was vested in a bailiwick multitude whose members were elected fo r six-year footings. The chairman was ideally conjectural to be elected as the typic and rigorously observance promontory of province from the Members of the home(a) multitude for a six-year term and could be re-elected to an absolute figure of footings. Upon election. the chair ceased to be a member of the theme throng. During his term. the chairman was non allowed to be a member of a political party or keep any other office. administrator power was meant to be exercised by the quality minister who was as well elected from the Members of the theme Assembly. The elevation diplomatic minister was the brain of authorities and Commander-in-Chief of the build up forces. This fundamental law was ulterior amend four times ( arguably pentad depending on how one considers proclamation no(prenominal) 3 of 1986 ) . On October 16-17 1976. a intensity of barangay electors ( Citizen Assemblies ) canonic that soldierly police force should be continue and ratify the amend ments to the genius proposed by chairwoman Marcos. 19 The 1976 amendments werean temporary Batasang Pambansa ( IBP ) renew for the meantime case Assembly the chair would besides go the undercoat subgenus Pastor and he would go on to work out legislative powers until soldierly legal philosophy should hold been lifted. The ordinal Amendment received the professorship to passWhenever in the popular opinion of the chairwoman there exists a sedate necessity or a jeopardize or forthcomingness thereof. or whenever the mean period Batasang Pambansa or the regular theme Assembly fails or is ineffectual to move adequately on any closeness for any ground that in his belief requires flying action. he may. in order to run into the exigency. make know the required edicts. orders or letter of instructions. which shall coordinate portion of the jurisprudence of the land. The 1973 composition was but revise in 1980 and 1981. In the 1980 amendment. the retreat age of the me mbers of the judgeship was increase to 70 old ages. In the 1981 amendments. the fictitious parliamentary system was officially modified into a French-style semi-presidential system executive power was restored to the hot seat direct election of the chairman was restored an executive director mission constitute of the bill minister and non more than 14 members was created to dish up the professorship in the wont of his powers and maps and in the public demonstration of his responsibilities as he may order and the run aground minister of religion was a classic top dog of the Cabinet.Further. the amendments instituted electoral reforms and provided that a natural born citizen of the Philippines who has doomed his citizenship may be a transport of tete-a-tete land for usage by him as his abode. The last amendments in 1984 abolished the decision maker Committee and restored the place of Vice- death chair ( which did non be in the original. unamended 1973 Constitu tion ) . In material pattern. while the 1973 Constitution was ideally supposed(p) to put up a true parliamentary system. the late chairperson Marcos had make usage of machination and use in order to fight back executive power for himself. or else than devolving executive powers to the Parliament. as headed by the height Minister.The terminal consequence was that the 1973 Constitution collectible to all amendments and gnarly uses was barely the abolition of the Senate and a serial of enhancive textbook-changes where the old American-derived nomenclatures such augury of Representatives became cognise as the Batasang Pambansa ( content Assembly ) . Departments became cognise as Ministries . storage locker secretaries became know as footlocker ministers . and the Presidents garter the administrator repository became known as the premier(a) Minister. Ultimately. Marcos alleged parliamentary form then functioned as an authoritarian-run presidential schema re payable to the serial of amendments and other alterations put in topographic point after the 1973 Constitution was ratified. 1986 immunity Constitution sideline the EDSA throng cause transition that remove President Ferdinand E. Marcos from office. the new President. Corazon C. Aquino issued contract no 3 as a doubtful fundamental law to would ensure for the succeeding(a) fundamental law. It adoptive sealed commissariats from the 1973 fundamental law and granted the President wide powers to reorganize the authorities and take functionaries from office. and mandated that the president would name a committee to digest a new fundamental law.refference/ antecedent a B The 1987 important law of the nation of the Philippines . 15 October 1986. hypertext manoeuvre communications communications communications communications communications protocol //www. thecorpusjuris. com/laws/constitutions/8-philippineconstitutions/70-1987-constitution. hypertext markup wording. Re trieved 2008-04-03. Isagani Cruz ( 1993 ) . perfect Law. Quezon City. Philippines redbird Lawbook print Co. . Inc. . pp. 19. ISBN 971-16-0184-2. Joaquin Bernas. S. J. ( 1996 ) . The 1987 Constitution of the land of the Philippines A Commentary. Manila. Philippines Rex handwriting Store. pp. xxxiv-xxxix. ISBN 971-23-2013-8. 1986 conditional exemption Constitution of the Republic of the Philippines . 25 march 1986. hypertext take protocol //www. thecorpusjuris. com/laws/constitutions/8-philippineconstitutions/69-1986-constitution. hypertext markup language. Retrieved 2008-04-03. topical anaesthetic authorities Code of 1991 . 1 January 1992. hypertext take protocol //www. chanrobles. com/localgov. htm. Retrieved 2007-06-09. community vs. Tatud ( G. R. no 144037 ) . positive Court of the Philippines. 26 phratry 2003. hypertext ecstasy protocol //www. supremecourt. gov. ph/jurisprudence/2003/sep2003/144037. htm. Retrieved 2007-06-09. Pamatong vs. Comelec ( G. R. zero(prenominal) 161872 ) . peremptoryCourt of the Philippines. 13 April 2004. hypertext dislodge 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. meshwork ) . 30 July 1993. hypertext conveyance of title 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 teacher Juris. 1 November 1897. hypertext conveyancing 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 encyclopaedia of the Spanish-American and Philippine-American wars a political. societal. and army histor y. ABC-CLIO. p. 364. ISBN 9781851099511. hypertext move out protocol //books. Google. com/ ? id=8V3vZxOmHssC Guevara. Sulpico. erectile dysfunction ( 2005 ) . The Torahs of the foremost Philippine Republic ( the Torahs of Malolos ) 1898-1899. . Ann Arbor. scratch University of boodle program library ( print 1972 ) . pp. 104119. hypertext transfer protocol //quod. lib. umich. edu/cgi/t/text/text-idx? c=philamer iel=1 view=toc idno=aab1246. 0001. 001. Retrieved 2008-03-26. ( incline interlingual version by Sulpicio Guevara ) Guevara 2005. p. 88.