Beruflich Dokumente
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CONSTITUTION
The History of the 1987 Constitution began on April 11, 1899, the
date when the TREATY OF PARIS between the United States and Spain
of December 10, 1898 became effective upon the exchange of the
instruments of ratification of both countries. But the sources of the
1987 Constitution are:
Under the Treaty of Paris, the Philippine was ceded by Spain to the
United States. Spain relinquished its sovereignty over the Philippine
Islands. Consequently, all laws that were political in nature were
automatically abrogated or fallen to the ground ipso facto. The Treaty
provided that the civil and political status of all inhabitants of the
Islands were to be determined by the U.S. Congress. The Treaty defined
the metes and bounds of the archipelago by longitude and latitude,
degrees and seconds. Under the Treaty, the Philippine was not given
the status of an incorporated territory as to make it a candidate for
statehood. And so, the U.S. Constitution did not apply to the
Philippines.
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An ORGANIC ACT is a law that establishes the structure and
limitations of the government.
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the Civil Governor, shall serve as the upper house, shall retain the
control of legislation over non-Christian minorities.
It extended to the Filipinos the Bill of Rights, except for: 1) the right
of trial by jury and; 2) the right to possess and carry firearms.
It defined for the first time who the citizens of the Philippines were.
Pursuant to the Philippine Bill of 1902, the citizens of the Philippines
were: All the inhabitants of the Philippine Islands who were subjects of
Spain as of April 11, 1899, who continued to reside therein, and all the
children born subsequent thereto.
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appointive Senators to represent the non-Christians; and b) A House
Representatives which shall compose of 84 elected representatives
and 9 appointed representatives to represent the non-Christians.
The new Legislature under the Jones law was inaugurated at Manila
on October 16, 1916. Manuel L. Quezon, who had just returned from
the United States after a brilliant work as resident Commissioner, was
chosen President of the Senate and Sergio Osmea was elected as
House Speaker. The Nationalista Party swept the elections and
dominated the two Houses of the Philippine Legislature. On January 11,
1917, the first Cabinet was organized by Governor-General Harrison,
and a Council of State was created on October 16, 1918.
However, notice has to be taken that under the Jones law, while the
Filipinos had all the Legislative Power, the Americans had all the
Executive Power and thus had also the control of the government.
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New Constitution of the Philippines; c) the submission of the new
charter to the American President for his approval; d) ratification of the
new charter by the Filipino electorate; e) election of Commonwealth
officials; f) inauguration of the Commonwealth and; g) proclamation of
Philippine Independence and establishment of the Republic on July 4,
1946.
On March 23, 1935, the draft was certified by the President Franklin
D. Roosevelt as conforming to the Tydings-McDuffie Law.
On May 14, 1935, the draft Constitution was ratified by the people in
a plebiscite with the provisions on the qualification of the President,
Vice-President, and members of Congress taking effect right upon
ratification.
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a term of four years for the President, but with re-election, and; 3) the
establishment of an independent constitutional body known as the
Commission On Election.
On April 23, 1946, the election of the first officials of the Philippine
Republic was held with Manuel A. Roxas as President Elpidio Quirino as
Vice President.
On April 30, 1946, one week after the election of the first officials of
the Philippine Republic, the U.S. Congress passed the Bell Trade Act
which: 1) would grant Prime Exports: a) entry to the U.S. free of
customs duties from 1946 to 1954; and b) gradual increase in duties
from 1954 to 1974; and 2) provided that the Philippines would grant
U.S. citizens and corporations: a) the same privileges; b) the right to
exploit the natural resources of the Philippines in parity with Filipinos;
c) the right to operate public utilities; 3) must be accepted by the
Philippine Congress, embodied in an executive agreement, and
reflected as an amendment in the Constitution.
The Senate approval of the Bell Trade Act gave rise to the case of
Vera vs. Avelino.
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Facts: The Senate then had eleven (11) Nacionalistas and thirteen
(13) Liberals. Three Nacionalista Senators-elect, namely, VERA,
DIOKNO, and ROMERO, known to be against the Bell trade Act were
prevented by the rest of the Senate from taking their oath on the
grounds that their election was marred with fraud. The Senators-elect
went to the Supreme Court and alleged that only the Electoral Tribunal
had jurisdiction over contests relating to their election, returns and
disqualification.
So that, if not all the powers regarding the election, returns, and
qualifications of members was withdrawn by the Constitution from the
Congress; and if, as admitted by petitioners themselves at the oral
argument, the power to defer the oath-taking, until the contests is
adjudged, does not belong to the corresponding Electoral Tribunal, then
it must be held that the House or Senate still retains such authority, for
it has not been transferred to, nor assumed by, the Electoral Tribunal.
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But with the three (3) Senators, namely, Vera, Diokno, and Romero,
still suspended , only the twenty-one (21) remaining Senators were
used as the basis in computing the three-fourth (3/4) requirement.
Held: Political questions are not within the province of the judiciary,
except to the extent that power to deal with such questions has been
conferred upon the courts by express constitutional or statutory
provisions.
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So with the amendment proposed, it was subsequently ratified on
March 5, 1947.
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RBH No. 2 was approved. RBH Nos. 1 and 3 gave rise to the case of
Gonzales vs. COMELEC.
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On November 10, 1970, election of delegates to the Constitutional
Convention took place.
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for November 8, 1971. This plebiscite gave rise to the case of Tolentino
vs. COMELEC.
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Issue: In the case at bar, the ultimate question is this: Is there any
limitation or condition in Section 1 of Article XV of the Constitution
which is violated by the act of the Constitutional Convention of calling
for a plebiscite on the sole amendment contained in Organic Resolution
No. 1?
Held: The Court holds that there is, and it is the condition and
limitation that all the amendments to be proposed by the same
Convention must be submitted to the people in a single election or
plebiscite ... Under Section 1 of Article XV of the Constitution, a
proposal of Amendment to the Constitution should be submitted to the
people not separately from but together with all other amendments to
be proposed by this present Convention.
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On September 21, 1972, the President (Ferdinand E. Marcos) issued
Proclamation No. 1081 placing the entire Philippines under Martial Law.
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Facts: Petitioner, Charito Planas, filed with the Court a case against
the COMELEC, the Treasurer of the Philippines and the Auditor General,
to enjoin said respondents or their agents from implementing
Presidential Decree No. 73, in any manner, until further orders of the
Court, upon the grounds, inter alia:
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1) Presidential Decree No. 86 which organized the so-called
CITIZENS ASSEMBLIES which shall be composed of all persons
who are:
Petitioner further asked that the Court shall issue a restraining order
enjoining the respondents from collecting, certifying, announcing and
reporting to the President the supposed Citizens Assemblies
Referendum results allegedly obtained when they were supposed to
have met during the period between January 10 and January 15, 1973,
particularly on the two questions contained in P.D. No. 86-A, for such
were violative of Article XV of the Constitution.
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However, the validity of the ratification process undertaken by the
President himself was questioned in the case of Javellana vs. Executive
Secretary.
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Facts: On January 20, 1973 or soon after Proclamation No. 1102 was
issued by the President, Javellana filed a petition questioning the
validity of said proclamation. His grounds are:
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compliance) conformably to the applicable constitutional and
statutory provisions?
Held: The voting, views, and opinions of the Justices of the Supreme
Court on the foregoing issues are summarized as follows:
Concepcion (CJ)
Makalintal, J.
Zaldivar, J
Castro, J.
Fernando, J.
Teehankee, J.
J. Barredo: The Court may inquire into whether or not there has
actually been approval by the people and in the affirmative to
keep its hands off out of respect to the peoples will and in the
negative that it could then determine the factual and legal
angles as to whether the pertinent provisions of the 1935
Constitution were complied with.
Makasiar, J.
Antonio, J.
Esguerra, J.
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2. ON THE SECOND QUESTION OF THE VALIDITY OF THE
RATIFICATION:
Concepcion, CJ
Makalintal, J.
Zaldivar, J.
Castro, J.
Fernando, J.
Teehankee, J.
Makasiar, J.
Antonio, J.
Esguerra, J.
Barredo, J.
Makasiar, J.
Antonio, J.
Esguerra, J.
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The following Members hold that under martial law there was no
freedom of expression and it could not therefore be said that the
people accepted or rejected the 1973 Constitution:
Concepcion, CJ.
Zaldivar, J.
Makalintal, J.
Castro, J.
Teehankee, J.
Makalintal, J.
Castro, J.
Barredo, J.
Makasiar, J
Antonio, J.
Esguerra, J.
Concepcion, CJ.
Zaldivar, J.
Fernando, J.
Teehankee, J.
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The following Members hold that it is in force because the
people have already accepted it:
Barredo, J.
Makasiar, J.
Antonio, J.
Esguerra, J.
Makalintal, J.
Castro, J.
Fernando, J.
Teehankee, J.
Concepcion, CJ.
Zaldivar, J.
Please note that the result therefore on this last issue is that
THERE IS NOT ENOUGH VOTES TO DECLARE THAT THE NEW
CONSTITUTION IS NOT IN FORCE.
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1. The first, in 1976, gave the President the Legislative Powers
even if the Interim Batasang Pambansa was already operating;
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The results of the Election were proclaimed by the BATASAN, naming
MARCOS AND TOLENTINO AS THE WINNERS. But the February 22 to 25,
1986 EDSA REVOLUTION took place. On February 25, 1986, MARCOS
was proclaimed in Malacaang by Justice MAKASIAR, while AQUINO and
LAUREL were proclaimed in Club Filipino by Justice TEEHANKEE. Later
that evening, Marcos fled to Hawaii.
The better view is the latter view. The AQUINO GOVERNMENT was
not an offshoot of the 1973 Constitution for under which, a procedure
was given for the election of the President --- PROCLAMATION BY THE
BATASAN --- and the CANDIDATE that the BATASAN proclaimed was
MARCOS.
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Moreover, the COMMUNITY OF NATIONS has recognized the
LEGITIMACY OF THE PRESENT GOVERNMENT.
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designation or appointment and qualification of their successors, if
such appointment is made with a period of one year from February 25,
1986.
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