Constitution a written instrument where the fundamental powers of connotes no one is above the law.

the government are established, limited, and defined and by which

these powers are distributed among several departments., for their
more safe and useful exercise, for the benefit of the body politic. It is Article !: NATIONAL TERRITORY
the supreme written law of the land. The fundamental purpose of the
constitution is presented as both a grant and a limitation of Section !: THE NATIONAL TERRITORY COMPRISES THE
governmental authority. They are usually classified into written and PHILIPPINE ARCHIPELAGO WITH ALL THE ISLANDS AND WATERS
unwritten, or flexible and rigid classifications. However the following is EMBRACED THEREIN, AND ALL OTHER TERRITORIES OVER
the suggested classifications: WHICH THE PHILIPPINES HAS SOVEREIGNTY OR JURISDICTION,
CONSISTING OF ITS TERRESTRIAL, FLUVIAL, AND AERIAL
Normative its norms direct governmental action, and DOMAINS, INCLUDING ITS TERRITORIAL SEA, THE SEABED, THE
governmental habitually adjusts its actions to the norms. IT SUBSOIL, THE INSULAR SHELVES, AND OTHER SUBMARINE
is like a suit that fits and is actually worn. AREAS. THE WATER AROUND, BETWEEN AND CONNECTING
Nominal it is a constitution which cannot yet be fully THE ISLANDS OF THE ARCHIPELAGO, REGARDLESS OF THEIR
operative because of existing socio-economic conditions. Its BREADTH AND DIMENSIONS, FORM PART OF THE INTERNAL
principal value is educational, It points towards the mature WATERS OF THE PHILIPPINES.
state t which a fledging polity must grow. It is like a suit that
is in storage waiting for the wearer to grow to the proper size. Why should we have this article?
Semantic it is a tool for the perpetuation of power in the Constitution is a municipal law and as such, it binds only the nation
hands of power holders. It is not a suit at all but a disguise. promulgating it. Hence, a definition of national territory in the
It has certain unmistakable marks such as: a state president constitution will bind internationally only if it is supported by proof that
can perpetuate himself in office; he is empowered to veto the can stand in international law. The treaties such Treaty of Paris of
actions of the legislature without ultimate recourse to the December. 10, 1898, Treaty of Washington of November 7, 1900 and
electorate; the representative assembly is wholly or in its the Treaty with Great Britain of January 2, 1930, were enumerated in
majority nominated; the confirmation of policy decisions is left the 1935 Constitution to delineate Philippine territory. The 1973
to plebiscites instead of to a freely elected parliament; Constitution, however, omitted specific mention of these treaties
elections are conducted on the single party ticket. because the Constitutional Convention delegates hoped to erase every
possible trace of our colonial history from the new organic document.
A constitutional document may be divided into three parts:
The 1987 Constitution has likewise omitted an explicit enumeration of
Constitution of government: those provisions which set up the relevant treaties. The extent of the Philippine claim to its aerial
the governmental structure. domain, territorial sea, the seabed, the subsoil, the insular shelves, and
Constitution of liberty: the provisions which guarantee other submarine areas is not specified. The Philippines simply lays
individual fundamental liberties against governmental abuse. claim to them to the extent recognized by international law.
Constitution of sovereignty: the provisions which outline the CLOS conflicts with the Philippine constitution on territory:
process whereby the sovereign people may change the
constitution. CLOS affirms the existence of right to innocent passage through
archipelagic waters. However, there is no right of innocent passage
Constitutional law a body of rules resulting from the interpretation by through internal waters. Philippines makes a special claim with respect
a high court of cases in which the validity, in relation to the constitutional to the waters around, between and connecting the islands of the
instrument, of some act of governmental power, has been challenged. archipelago, claimed as part of its internal waters, irrespective of their
It is labelled as judicial review involves the power and duty on the part breadth and dimensions. CLOS calls these archipelagic waters.
of the Court of pronouncing void any such act which does not square
with its own reading of the constitutional instrument. Baselines are important because they are the dividing line between
internal waters and territorial waters.
Treaty of Paris transferring Spanish sovereignty over the Islands to
the United States. Article !I: DECLARATION OF PRINCIPLES AND STATE POLICIES
This is a statement of the basic ideological principles and
Organic documents enacted by the US government: policies that underlie the Constitution. As such, the provisions shed light
on the meaning of the other provisions of the Constitution and they are
1. President McKinleys Instruction to the Second Phil.
a guide for all departments of the government in the implementation of
Commission
the Constitution.
2. The Philippine Bill of 1902
3. The Philippine Autonomy Act of 1916.
Principles are binding rules which must be observed in the conduct of
PREAMBLE: government.

Policies are guidelines for the orientation of the state.

We, the sovereign Filipino people, imploring the aid of ALMIGHTY GOD,
in order to build a just and humane society and establish a government This Article grew from 5 sections in the 1935 Constitution to 10 sections
that shall embody our ideals and aspirations, promote the common in the 1973 Constitution then to 23 sections in the 1987 Constitution due
good, conserve and develop our patrimony, and secure to ourselves to the attempt to distinguish principles from policies.
and our posterity the blessings of independence and democracy under
the rule of law and a regime of truth, justice, freedom, love, equality and PRINCIPLES
peace. , do ordains and promulgate this Constitution.
Section 1. THE PHILIPPINES IS A DEMOCRATIC AND
Notes on the preamble: It is not a source of rights or of obligations. It is REPUBLICAN STATE. SOVEREIGNTY RESIDES IN THE PEOPLE
useful as an aid in ascertaining the meaning of ambiguous provisions in AND ALL GOVERNMENT AUTHORITY EMANATES FROM THEM.
the body of the Constitution. It is thus a source of light.
Elements of a State:
Departures from the old preamble:
People
1. We, instead of the Filipino people Territory
2. Almighty God instead of Divine Providence Sovereignty
3. Common good instead of general welfare
Government
4. Emphasis on equality due to economic and political
inequalities State is a legal concept while Nation is an ethnic concept and under
5. It adds the final phrase under the rule of law which constitution the two terms are not distinct.
Legal Sovereignty is the supreme power to make law and this is
lodged in the people.

Political Sovereignty is the sum total of all the influences in a state,

legal and non-legal which determine the course of law.
bu
Sovereignty is the property of a state force due to which it has the
exclusive capacity of legal self-determination and self-restriction. A
change in the seat of sovereignty has the effect of abolishing all
political laws. Thus upon the transfer of sovereignty from Spain to the
United States, all political laws of Spain were abrogated, whether
compatible or not with the laws of the new sovereign.

A republican state simply means a state wherein all government

authority emanates from the people and is exercised by
representatives chosen by the people. The new constitution calls the
Philippines a democratic state. In the view of the Constitution, the
Philippines is not only a representative or republican state but also
shares some aspects of direct democracy such as initiative and
referendum in Article VI.

Constitutional Authoritarianism was the assumption of extraordinary

powers by the President, including legislative and judicial and even
constituent powers, where such assumption is authorized by the letter
or a least by the spirit of a legitimately enacted Constitution.

Constitutional authoritarianism is compatible with a republican state if

the Constitution upon which the Executive bases his assumption of
power is a legitimate expression of the peoples will and if the
Executive who assumes power received his office through a valid
election by the people.

The new Constitution does not allow constitutional authoritarianism.

Government is that institution or aggregate of institutions by which an

independent society makes and carries out those rules of action which
are necessary to enable men to live in a social state, or which are
imposed upon the people forming that society by those who possess
the power or authority of prescribing them.

Government refers to the three great departments- legislative,

executive and judicial mandated by the Constitution and on the local
level it means the regional, provincial, city, municipal. It does not
include government entities which are given a corporate personality
governed by the corporation law. Moreover, for purposes of
international w, it is the national government that has legal personality
and it is the national government that is internationally responsible for
the actions of other agencies and instrumentalities of the state.
 Which connotes no one is above the law.

Article !: NATIONAL TERRITORY

Section !: THE NATIONAL TERRITORY COMPRISES THE

PHILIPPINE ARCHIPELAGO WITH ALL THE ISLANDS AND WATERS
EMBRACED THEREIN, AND ALL OTHER TERRITORIES OVER
WHICH THE PHILIPPINES HAS SOVEREIGNTY OR JURISDICTION,
CONSISTING OF ITS TERRESTRIAL, FLUVIAL, AND AERIAL
DOMAINS, INCLUDING ITS TERRITORIAL SEA, THE SEABED, THE
SUBSOIL, THE INSULAR SHELVES, AND OTHER SUBMARINE
AREAS. THE WATER AROUND, BETWEEN AND CONNECTING
THE ISLANDS OF THE ARCHIPELAGO, REGARDLESS OF THEIR
BREADTH AND DIMENSIONS, FORM PART OF THE INTERNAL
WATERS OF THE PHILIPPINES.

Why should we have this article?

Constitution is a municipal law and as such, it binds only the nation

promulgating it. Hence, a definition of national territory in the
constitution will bind internationally only if it is supported by proof that
can stand in international law. The treaties such Treaty of Paris of
December. 10, 1898, Treaty of Washington of November 7, 1900 and
the Treaty with Great Britain of January 2, 1930, were enumerated in
the 1935 Constitution to delineate Philippine territory. The 1973
Constitution, however, omitted specific mention of these treaties
because the Constitutional Convention delegates hoped to erase every
possible trace of our colonial history from the new organic document.
The 1987 Constitution has likewise omitted an explicit enumeration of
the relevant treaties. The extent of the Philippine claim to its aerial
domain, territorial sea, the seabed, the subsoil, the insular shelves, and
other submarine areas is not specified. The Philippines simply lays
claim to them to the extent recognized by international law.

CLOS conflicts with the Philippine constitution on territory:

CLOS affirms the existence of right to innocent passage through

archipelagic waters. However, there is no right of innocent passage
through internal waters. Philippines makes a special claim with respect
to the waters around, between and connecting the islands of the
archipelago, claimed as part of its internal waters, irrespective of their
breadth and dimensions. CLOS calls these archipelagic waters.

Baselines are important because they are the dividing line between
internal waters and territorial waters.

Article !I: DECLARATION OF PRINCIPLES AND STATE POLICIES

This is a statement of the basic ideological principles and
policies that underlie the Constitution. As such, the provisions shed light
on the meaning of the other provisions of the Constitution and they are
a guide for all departments of the government in the implementation of
the Constitution.

Principles are binding rules which must be observed in the conduct of

government.

Policies are guidelines for the orientation of the state.

This Article grew from 5 sections in the 1935 Constitution to 10 sections

in the 1973 Constitution then to 23 sections in the 1987 Constitution due
to the attempt to distinguish principles from policies.

PRINCIPLES

Section 1. THE PHILIPPINES IS A DEMOCRATIC AND

REPUBLICAN STATE. SOVEREIGNTY RESIDES IN THE PEOPLE
AND ALL GOVERNMENT AUTHORITY EMANATES FROM THEM.