The 1987 Constitution

Ronald Gorby T. Resuello

Presenter
Objective of this presentation:
To acquire basic information and
appreciation concerning the mandates
of the 1987 Constitution, specifically
the provisions of National Territory,
State Policies and Bill of Rights.


Merriam-Webster: A politically organized
body of people usually occupying a
definite territory, especially one that is
sovereign.
Blacks Law Dictionary: A body politic, or
society of men. united together for the
purpose of promoting their mutual safety
and advantage, by the joint efforts of
their combined strength.






What is a State?
The state as a person of international law
should possess the following
qualifications:
(a) a permanent population;
(b) a defined territory;
(c) government; and
(d) capacity to enter into relations with
the other states.
.



Montevideo Convention
A state is a community of persons
more or less numerous, permanently
occupying a definite portion of
territory, having a government of their
own to which the great body of
inhabitants render obedience, and
enjoying freedom from external
control.
The Vatican
Statehood
The Principality
of Sealand
Preamble
We, the sovereign Filipino people, imploring
the aid of Almighty God, in order to build a
just and humane society, and establish a
Government that shall embody our ideals and
aspirations, promote the common good,
conserve and develop our patrimony, and
secure to ourselves and our posterity, the
blessings of independence and democracy
under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.
Article I: The National Territory
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.
Archipelagic Doctrine
The waters around, between, and
connecting the islands of the
archipelago, regardless of their
breadth and dimensions, form part of
the internal waters of the Philippines .

Maritime Regimes
Territorial waters:12nmi from
baseline, the coastal state is
free to set laws, regulate use,
and use any resource.
Contiguous zone: 24nmi from
baseline. A state can continue
to enforce laws on customs,
taxation, immigration and
pollution.
Exclusive economic zones :
200nmi from baseline. The
coastal nation has sole
exploitation rights over all
natural resources.
Aerial Domain: The Case of KAL 007

Shot down by
Soviets in 1983
269 passengers
and crew aboard
including 16
Filipinos

Article II: Declaration of Principles
and State Policies

Section 1. The Philippines is a
democratic and republican State.
Sovereignty resides in the people and
all government authority emanates
from them

Article II
Section 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 adheres to
the policy of peace, equality, justice,
freedom, cooperation, and amity with
all nations.

Section 5. The maintenance of peace
and order, the protection of life, liberty,
and property, and promotion of the
general welfare are essential for the
enjoyment by all the people of the
blessings of democracy.

Article II
Section 6. The separation of Church
and State shall be inviolable.

Article II
Section 8. The Philippines, consistent
with the national interest, adopts and
pursues a policy of freedom from
nuclear weapons in its territory.
Article III: Bill of Rights
Section 1. No person shall be deprived
of life, liberty, or property without due
process of law, nor shall any person be
denied the equal protection of the
laws.

Article III
Section 2. 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.
Warrantless Arrests
In Flagrante Delicto
Hot Pursuit
Escape

Warrantless Searches
Waiver
Plain View Doctrine
Moving Vehicles
Stop and Frisk
Checkpoints
Searches by Private Citizens
Airport checks
Article III
Section 3. (1) The privacy of
communication and correspondence
shall be inviolable except upon lawful
order of the court, or when public
safety or order requires otherwise, as
prescribed by law.
Fruit of the Poisonous Tree Doctrine