In Sanidad vs. Comelec, L-44640, October 12, 1976 the Supreme Court ruled that on the basis of absolute necessity both the constituent power (the power to formulate a Constitution or to propose amendments or revision to the Constitution and to ratify such proposal, which is exclusively vested to the National Assembly, the Constitutional Convention, and the electorate) and legislative powers of the legislature may be exercised by the Chief Executive. The document was patterned after the Spanish Constitution of 1812, with influences from the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala and the French Constitution of 1793. The organs of the government under the Constitution consisted of three (3) divisions: (1) the Supreme Council, which was authorized with the power of the Republic in which it was headed by the President and the four different secretaries which was the interior, foreign affairs, treasury, and war; (2) the Consejo Supremo de Garcia Y Justicia (Supreme Council of Grace and Justice), which has the authority to create decisions and validate and refute the sentences given by the other courts and to command rules for the administration of justice; and (3) the Asamblea de Representantes (Assembly of the Representatives), which was to be assembled after the revolution to create a new constitution and to choose a new Council of Government and Representatives of the people. Alongside with this, it also states important provisions such as: Article XVII establishes the methods by which the Constitution may be amended or revised. The old American-derived terminology was replaced by names more associated with a parliamentary government: for example, the House of Representatives became known as the "Batasang Pambansâ" (National Assembly), departments became "ministries", and their cabinet secretaries became known as "cabinet ministers", with the President's assistant – the Executive Secretary – now being styled as the "Prime Minister". Call Jeanette Escuro at 0915-421-2019 if the branch nearest you ran out of stock. It was drafted by an appointive body called “Constitutional Commission.” Advantages and Disadvantages of a Written Constitution 1. 6, "Pamatong vs. Comelec (G.R. It enumerates two kinds of citizens: natural-born citizens and naturalized citizens. • International law Sec 2 The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and Some essential provisions are: Similar to U.S. jurisprudence and other common law jurisdictions, the scope and limitations of these rights have largely been determined by the Supreme Court through case law. The constitution of the Philippines is the supreme law of the land as of 1987. <> It provided for the creation of a popularly elected Philippine Assembly, and specified that legislative power would be vested in a bicameral legislature composed of the Philippine Commission (upper house) and the Philippine Assembly (lower house). There are three possible methods by which the Constitution can be amended: a Constituent assembly (Con-Ass), Constitutional Convention (Con-Con), or People's Initiative. 1973 Constitution of the Philippines The Constitution of the Philippines ( Saligang Batas ng Pilipinas in Filipino) is the supreme law of the Philippines. Their draft for the republic to be established under the Japanese occupation, however, would be limited in duration, provide for indirect, instead of direct, legislative elections, and an even stronger executive branch. This constitution was dominantly influenced by the Americans, but possess the traces of the Malolos Constitution, the German, Spanish, and Mexican Constitution, constitutions of several South American countries, and the unwritten English Constitution. His government, in turn, went into exile in December 1944, first to Taiwan and then Japan. Immediately following the 1986 People Power Revolution that ousted Marcos, President Corazon C. Aquino issued Proclamation No. Moreover, this section also lays down salient provisions such as: Article XV establishes the recognition of the state on the Filipino family as the basic foundation of the nation as it shall reinforce and bolster its solidarity and steadily promote its development. The Metamorphosis of Filipino as National Language by Jessie Grace U. Rubrico. However, due to political controversies surrounding Arroyo's administration,[citation needed] including the possibility of term extension, the proposal was rejected by the Supreme Court. <>>> Article IX establishes three constitutional commissions: the Civil Service Commission, the Commission on Elections, and the Commission on Audit. The President was ideally elected as the symbolic and purely ceremonial head of state chosen from amongst the Members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms. She decided to draft a new constitution and issued Proclamation No. Published on the World Wide Web by The Law Firm of Chan Robles and Associates - Philippines. 1973 Constitution of the Philippines The Constitution of the Philippines ( Saligang Batas ng Pilipinas in Filipino) is the supreme law of the Philippines.The 1973 Constitution, composed of a preamble and 17 articles, provides for the shift from presidential to parliamentary system of government.The Constitution vests the legislative power in … SAMPLE CONSTITUTION AND BY-LAWS FOR UNIONS (PRIVATE SECTOR) NAME OF UNION C O N S T I T U T I O N P R E A M B L E WE, the employees of the _____, in order to promote our moral, social and economic well-being; protect and uphold our individual and Article IV defines the citizenship of Filipinos. Prevailing themes throughout the document are peace and equality. endobj Since the written constitution is a binding document, the rights of the citizen is more secured. To compound the problem, […] These Constitutional Commissions have different functions. Thus the government cannot be held responsible if … Philippine independence was eventually achieved on July 4, 1946. This document, described above, supplanted the "Freedom Constitution" upon its ratification in 1987. In mid-1942, Japanese Premier Hideki Tōjō promised the Filipinos "the honor of independence" which meant that the commission would be supplanted by a formal republic. Official Gazette of the Republic of the Philippines - The Official Gazette is the official journal of the Republic of the Philippines. The Filipino revolutionary leaders accepted a payment from Spain and went to exile in Hong Kong. %���� The executive branch is headed by the president and his appointed cabinet members. Fourth of a series Congress should have asserted on its constitutional mandate and called the attention of the Executive Department or brought the issue to the Supreme Court for resolution or decision. After the announcement of Japan's surrender, Laurel formally dissolved the Second Republic. It is also tasked to administrate the function of the lower courts. The following table lists of Philippine laws which have been mentioned in Wikipedia, or which are otherwise notable. Philippine citizenship may be lost or reacquired in the manner provided by law. 2 0 obj Though not a constitution itself, the Hare–Hawes–Cutting Act of 1932 was the precursor the Tydings–McDuffie Act, which laid down the promise of independence to the Philippines after 10 years of transition period and other provisions; however, because of infighting within the Philippine Congress, it was not ratified and only became the basis for the creation of the Tydings–McDuffie Act. A Constitutional Convention was held in 1971 to rewrite the 1935 Constitution. The constitution of the Philippines is the supreme law of the land as of 1987. 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