EASTERN SAMAR STATE UNIVERSITY
COLLEGE OF NURSING
Philippine History and Constitution
Activity No. 2
“The Philippine Constitution”
Submitted by:
BAILLO, ROGEL BERT A.
08-22289
Submitted to:
RAY DOMINIC R. LADERA
Instructor
February 25, 2012
The Need to Change the Philippine Constitution
According to the proposed proponents of constitutional change, the present constitution is flawed
for a variety of reasons. First indication is the excessively lengthy and verbose (Cruz, 1991). Which the
Philippine Constitution is composed of eighteen articles compared to the US with only seven articles. The
length of the constitution in my view could be a ground for different interpretations that can spell conflict to
those interpreting it. The number of articles is not necessarily a problem and it is very unfair for the
constitution of the Philippines to be compared with that of the US basically due to the fact that there are
no two countries alike. Second is it was hasty written within four months by the appointed members of the
Constitutional Commission and incautiously ratified by the people to normalize the transition from
dictatorial to democratic rule, resulting to some vague provisions which is fairly true in my point of view.
Third, it is no longer responsive to the many changes that happen in the country and to the global
community. And finally it is a transitional constitution aiming for the return to democracy from Marcos’
authoritarian rule that brought the Philippines from a Commonwealth government into a Republic.
Sighting out the last two reasons I think it is a good opportunity to have a new constitution that will
not only aimed in the transition of a government but will also respond to the changes that occur in and out
of the country
Advantage and Disadvantage of Constitutional Change
The advantages of constitutional change will lay directly on the tackling of the above reasons for
the change while the major disadvantages are discussed by those who are against the amendments and
say that the 1987 Constitution is still young. Changing the constitution often is not good for the country.
Majority of the people as shown by surveys are against it as shown by the survey done by the Social
Weather Station which shows that 7 out of 10 are against it (Philippine Daily Inquirer, June, 1992) and
even until the latest 2008 survey show a very significant negative approach of the people to the
constitutional change. Why go for a major Constitutional Change when reforms can be done through
ordinary legislation. Amending the constitution, especially the Congress as a constituent assembly will
open the floodgates to political amendments that will benefit members of the Congress. One example is
the lifting of term limits that could mean a bad news for people unsatisfied for the service being rendered
by their representative.
The Former Presidents Plan In Amending the Constitution
Ramos Administration
Estrada Administration
Arroyo Administration
CHACHA
CONCORD
CHACHA
Ramos proposal was criticized
Estrada proposed on economic
Arroyo proposed on the changing
politically by proposing a bearing
reforms by making the country
the constitution from democratic
on
more
to a parliamentary.
the
tenure
of
office
by
officials, including the President.
attractive
to
foreign
investors by attuning the country
to the changing needs of the
globalized world.
Ramos
proposal
was
to
amended by people’s initiative.
be
Estrada’s strategy is more on
Arroyo’s used her great political
economic agenda
influence
in
the
representatives
house
amend
of
the
change but failed due to the
obvious
Filipinos
mismanagement
on
power
which
of
in
parliamentary system could give
a
Leader
excessive
power
beyond the current form of the
government.
The Philippine Territory
1935 Constitution
1973 Constitution
1987 Constitution
Article I
Article I
Article I
National Territory
National Territory
National Territory
Section 1.
Section 1.
Section 1.
The Philippine comprises all the
The national territory comprises
The national territory comprises
territory ceded to the United
the Philippine archipelago, with
the Philippine archipelago, with
States by the Treaty of Paris
all the islands and the waters
all
concluded and Spain on the
embraced therein and all the
embraced therein, and all other
tenth day of December eighteen
other territories belonging to the
territories
hundred and ninety-eight, the
Philippines by historic right or
Philippines has sovereignty or
limits of which are set forth in
legal title, including the territorial
jurisdiction,
Article III of said treaty, together
sea, the air space, the subsoil,
terrestrial,
with all the islands embraced in
the seabed, the insular shelves,
domains, including its territorial
the
at
and the other submarine areas
sea, the seabed, the subsoil, the
Washington, between the United
over which the Philippines has
insular
States and Spain on the seventh
sovereignty or jurisdiction. The
submarine areas. The waters
day
waters
and
around, between, and connecting
treaty
connecting the islands of the
the islands of the archipelago,
concluded between the United
archipelago, irrespective of their
regarldless of their breadth and
States and Great Britain on the
breadth and dimensions, from
dimensions, form part of the
second day of January, nineteen
part of the internal waters of the
internal waters of the Philippines.
hundred thirty, and all territory
Philippines.
treaty
of
November,
hundred,
over
conclude
and
which
in
the
nineteen
the
around,
between
the
islands
over
and
which
consisting
fluvial,
shelves,
waters
and
and
the
of
its
aerial
other
present
Government of the Philippine
Islands exercises jurisdiction.
The main fundamental content of the Philippine Territory of the 1935 constitution is only based on
the Treaty of Paris while the 1987 constitution is more based on the physical features of the country and
in comparison with the 1973 constitution that includes the historical rights.
The Philippine Archipelago
The Philippine National Territory lies southeast of the Southeast Asian region, directly below
Taiwan. It is bounded by the South China Sea on the West, the Pacific Ocean on the east, the Sulu Sea
and the Celebes Sea on the south, and the Bashi Tunnel on the north. The Philippines is composed of
about 7,200 small and large islands scattered over some 1, 295, 000 square kilometers of oceanic
waters. Its total land area is 300, 000 square kilometers. Only 2,700 islands are named, and the eleven
largest islands account for almost 95% of the land and population. The waters surrounding them, or in
between them, may separate one or more islands from the Philippine territory, if these waters which are
around, between, and connecting the islands are not recognized by the international community as part of
the national territory (Section 1).
The archipelago doctrine clarifies the unique situation that Philippines is in. the doctrine posited
the unity of the land, water and into a single entity to protect security and territorial interest of the country.
The Philippines Claim KGI and Sabah
The claim of the Philippines to the Kalayaan Group of Islands is based on the P.D. 1596 on June
11, 1978 declaring that KGI as part of the Philippine territory and the on the same date P.D. 1599 was
issued establishing the delimitation of the EEZ, which covers the KGI. Plus the KGI is very much closer to
the Philippines compared to other countries.
With regard to the claim of the Sabah is based on the historical accounts which the Sultan of Sulu
acquired sovereignty over Sabah in 1704 from the Sultan of Brunei and leased Sabah to the British North
Borneo Company in 1878 up to 1946 and received an annual payment. The British North Borneo
Company “expressly recognized the Sultan of Sulu as a sovereign in Sabah” when it ask the Sultan to
execute a deed to confirm the contract of 1878. The British Government assumed no dominion or
sovereign rights in Borneo which was occupied by the company. The annexation of Sabah by Britain in
1946 was illegal because it had no sovereign right over it and therefore, Britain had no sovereign right to
turn-over Sabah to Malaysia in 1963. However with all the strong justification made by the country, the
claim did not proper well.
The Treaty of Paris
The Treaty of Paris is a contract between US and Spain regarding the turnover of sovereignty of
Spain over Philippines to US by paying a certain amount due to during that time Spain is in war and
cannot afford another conflict specially with a rising superpower like US, as a desperate solution they let
go Philippines in exchange for resources that will aid their current conflict.
The State
The state is frequently defined as the highest or most comprehensive political association having
a recognized claim to primacy-first allegiance or ultimate authority. According to another common
definition, statehood is the possession of preponderant power by a single authority within a delimited
territory. Two impediments, however, stand in the way of any simple definition of the state. The first is that
the term has been used quite loosely, to designate any sort of political rule at any period in history (“the
Byzantine state”, “the Papal state”); and at the same time quite restrictively, to designate the kind of
political structure mainly characteristic of post-Renaissance Western societies. The second impediment is
that notions about what the state is very systematically with the various political philosophies: a Lockean
liberal who advocates a minimalist state that merely enforces natural law and protects natural rights will
never be able to agree with a Hegelian that the state is the concrete actualization of rational freedom on
earth, or with a Marzian that the state is a mere committee for the management of the interest of the
social class owning the means of economic production (Grolier Encyclopedia of Knowledge).
The Separation of Church and State
The separation of church and state has the main principle of prohibiting both the church and state
to interfere in each other’s affairs that means that the state cannot declare an official religion for its
citizens nor prohibit the formation of any religion as long as such religion does not violate the laws of the
state. This also indicates that the state cannot aid one religion and disregard another.
The Local Government
Local Government refers to a municipal corporation. A municipal corporation is a public
corporation created by the government for political purpose with subordinate and local powers of
legislation (Martin, 1970). The political subdivision of the state commonly referred to as barangay,
municipalities, cities and provinces. The decentralization of power is noted in two types that provide the
bases for the function of local government: Political Decentralization or Decentralization of Power,
involving the transfer of power to the local government; Administrative Decentralization or
Decentralization of Administration, involves the delegation of administrative power by broadening th base
of government power and in the process, making the local government more responsive and accountable.
Gender Equality over Men and Women
Article II, Sec. 14 is the recognition of the vital role of women in our society. It states: “The state
recognizes the role of women in nation building and shall ensure the fundamental equality before the law
of women and men.” As an example with this recognition, married women can now enter into a business
contract, or acquire or sell properties without their husbands’ permission.
Case 3
Obviously the person was deprived of his rights when a search was conducted within his
premises without a search warrant from Section 2 which states the right of the people to be secure in their
persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly describing the place to
be searched and the persons or things to be seized. Deprivation of his rights when he was being arrested
and being inform about his presumed crime during search and no any advance notice was made under
Section 12 which states that any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with
one. These rights cannot be waived except in writing and in the presence of counsel.
As stated in the case he was already presumed criminal that is a big “No No” to the Section 14
that states that no person shall be held to answer for a criminal offense without due process of law.
Further more sighted by this section,
In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved (which is not observed in the said case), and shall enjoy the right to
be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to
have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his behalf. However,
after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has
been duly notified and his failure to appear is unjustifiable.
With this case, probably after his arrest as obviously will happen after the situations. He can ask
for a lawyer that will help him voice out his deprived rights.
References:

Nuguit, Reynaldo Discourse on the 1987 Philippine Constitution c. 2005 Trinitas Pub.

Grolier Encyclopedia of Knowledge International Edition Copyright © MCMCV by Grolier
Incorporated

Asian Human Rights Commission support@ahrchk.net.