...Philippines Law Historical Overview Introduction The Philippines, an archipelago of 7,107 islands (about 2,000 of which are inhabited), with a land area of 115,600 sq m, has a population of 76.5 m. Some 87 major dialects are spoken all over the islands. English and Filipino are the official languages with English as the language of instruction in higher education. According to the 2000 census, the functional literacy rate is 83.8%. Agriculture constitutes the largest single sector of the economy. The country has a total labour force of 64.5%. The Philippine legal system is aptly described as a blend of customary usage, and Roman (civil law) and Anglo-American (common law) systems. The civil law operates in areas such as family relations, property, succession, contract and criminal law while statutes and principles of common law origin are evident in such areas as constitutional law, procedure, corporation law, negotiable instruments, taxation, insurance, labour relations, banking and currency. In some Southern parts of the islands, Islamic law is observed. This particular legal system is the result of the immigration of Muslim Malays in the fourteenth century and the subsequent colonization of the islands by Spain and the United States. Historical Background Philippine legal history may be categorized according to the various periods in the political history of the country: the pre-Spanish period (pre 1521); the Spanish regime (1521-1898); the Philippine...
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...com/doc/51200798/MASS-MEDIA-LAWS-AND-REGULATIONS PRESS FREEDOM & LAWS ON THE PHILIPPINE COMMUNICATION MEDIA "No law shall be passed abridging the freedom of speech, of expression, or of the press, or right of the people peaceably toassemble and petition the government for redress of grievances" Freedom of Expression Article III, Section 4 of the 1987 Philippine Constitution serves as the center point and basis forthe Mass Media practice in the Philippines. It serves as the Archimedean point where media practitioners and citizens are empowered to air out their concerns without undue fear, simply because this provision of the Bill of Rights (Article III) safeguards these said rights. This clause in the constitution carries with it the history of the Filipinos' fight for freedom.Originally asserted in the Malolos Constitution (approved on January 20, 1899) as "right to freelyexpress his ideas or opinions, orally or in writing, through the use of the press and other similar means", this fight for freedom has transcended through various epochs of Philippine history; carried on from one charter change to another; and pulled through every rise and fall of one administration to the next. However, laws governing the practice of mass media in the Philippines does not solely rest on the present Constitution; they are also contained in the numerous issuances of the Courts and the Philippine legislature. More specifically, other sources of laws affecting Philippine mass media in general are: a. Revised...
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...Constitution From Wikipedia, the free encyclopedia For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e.constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a writtenconstitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117...
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...The Biak-na-Bato Constitution General Emilio Aguinaldo Established the Biak-na-Bato Republic on July 1897 and issued a proclamation stating the following demands: * Expulsion of the friars and the return of the friar lands to the Filipinos. * Representation of the Philippines in the Spanish Cortes. * Freedom of the press and religion. * Abolition of the government’s power to banish Filipinos. * Equality for all before the law. A charter was then drafted based on the Cuban Constitution by Alex Ferrer and Isabelo Artacho. It was ratified on November 15, 1897. The Biak-na-Bato Constitution provided for the establishment of a Supreme Council that would serve as the highest governing body of the Republic. Preamble: “The separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government called the Philippine Republic has been the end sought by the Revolution in the existing war, begun on the 24th of August, 1896; and therefore, in its name and by the power delegated by the Filipino people, interpreting faithfully their desires and ambitions, we, the representatives of the Revolution, in a meeting at Biac-na-bato, Nov. 1st 1897, unanimously adopt the following articles for the Constitution of the State.” “In Biac-na-Bató...
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...THE BILL OF RIGHTS UNDER 1987 PHILIPPINE CONSTITUTION: A FUNDAMENTAL PRINCIPLE IMPORTANT TO FILIPINOS Thesis Statement: As democratic countries raised in the world, we people should know our rights in order us to protect or defend our credibility from any violations against our will. I. Introduction: Historical Context, definition of bill of rights and philippine constitution, and thesis statement II. History of the philippine constitution A. Articles 1. Bill of Rights a. Most important section b. Least important section B. Basis of the Constitution C. Implementation from 1987-1999 D. Implementation from 2000- present III. Impact of having bill of rights A. In the first day of implementation 1. To poor people 2. To middle class people 3. To rich people B. In the present IV. Importance of having bill of rights A. Present 1. Society a. As students 2. Government b. As leaders 3. Industry a. As professionals b. As skilled workers B. Future V. Effects of having bill of rights A. International 1. Economic talks 2. Sovereignty talks 3. Peace talks B. National or Local VI. Conclusion: In 1986, after the People Power Revolution which ousted the reigm of President Ferdinand Marcos, and following the inauguration of President Corazon Aquino as the first female president of the Philippine Republic, she issued Proclamation No. 3, which declare the national...
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...divided between factions loyal to Bonifacio and Aguinaldo. Due to his successes in battle, Aguinaldo was elected to replace Bonifacio. Bonifacio withdrew his supporters and the two factions began to fight. Bonifacio was arrested, tried and executed on May 10, 1897 by Aguinaldo's order. Aguinaldo's forces were driven from Cavite to Bulacan where Aguinaldo declared the constitution and established the Republic of Biak-na-Bato. Both sides soon came to realize that the struggle between Spain and the new Republic had reached an impasse. The rebels could not meet the Spanish regulars in the field but neither could the Spanish put down the guerrillas. Negotiations began in August and concluded in December with the Pact of Biak-na-Bato. The agreement extended a general amnesty to the rebels with a payment of US$800,000 for Aguinaldo and his government to retire in voluntary exile to Hong Kong. Aguinaldo left the Philippines with his government on December 27, 1897. While in Hong Kong, Aguinaldo and his compatriots designed what is today the Philippine national flag. Spanish-American War / War of Philippine Independence 1898 - 1901 Relations between the United States and Spain deteriorated over the conduct of the war for independence in Cuba. On February 15, 1898 the American battleship, USS Maine, exploded and sank in Havana harbour under mysterious circumstances with the loss of 260 men. As war between the United States and Spain became imminent, the commander of the...
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...confided to the others. If one department goes beyond the limits set by the Constitution, its acts are null and void. * Relevance * The adoption of this principle was motivated by the belief that arbitrary rule would result if the same person or body were to exercise all the powers of government. The accumulation of powers in one person or department of government is considered one of the chief characteristics evils of tyrannical and despotic forms of government. The idea is not to set one branch against the other but, above all to promote governmental efficiency by insuring that all functions of government are performed by the people/ branch especially assigned to discharge them. 2. Legislative Department (Article 6) * Legislative power * It is essentially the authority under the Constitution to make laws and subsequently, when the need to arises, to alter and repeal them. * It is granted to the Congress * Structure The Legislative Department of the Philippines is a double-chamber body consisting of: * The Senate – It is the upper chamber of the Congress of the Philippines. It is composed of 24 Senators. * The House of Representatives – It is the upper chamber of the Congress of the Philippines. The House is composed of not more than 250 members known as “Congressmen”. * Qualifications The qualifications to become a senator of the Philippines, as stipulated in the constitution, are: (a.) a natural-born...
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...This is perhaps one of the most misrepresented and misunderstood idea in the Philippine Constitution. Everyone has opinions; however, many of those views were undeniably misinformed. That was what Fr. Joaquin Bernas wanted to straighten up in his article entitled, “Sounding Board; Fundamentals of church – state relations.” In his article, Fr. Bernas aimed at setting up a common ground in every Filipino’s perception on the underlying message of the said principle. The separation of church and state is exceedingly important to be understood so that opinions shared would be based on a common understanding of such important concept. That is probably one of the few points on which everyone on all sides of the debate can readily agree upon — their reasons for agreeing may differ, but they do concur that the separation of church and state is one of the key constitutional principles in history. As presented, an honored principle of the Philippine Constitution is the separation of Church and State under Article 2, Section 6 of the Philippine Constitution. This has been the issue that Fr. Bernas tackled in his article especially in regards with the conditions that the said principle sets. Coming from a simple understanding of the meaning, I perceived that the separation of the Church and State means that the said organizations are two separate institutions that neither directs the affairs of the other. The State cannot aid one religion, aid all religions or prefer one religion over...
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...PGC | Philippine Government & Constitution Prelims Reviewer THE CONCEPT OF STATE State o o Community of persons more or less numerous in number occupying the definite territory with government free of external control Elements: People A state can’t be a state without rational beings World is governed by laws of men People determines the law that can be applied Laws in this context: Laws of men ; not laws of nature Law: Law is ordinance of reason promulgated by the authority for the common good o 4 elements Reason Rule of action Anything that governs us is of reason Promulgated/Promulgation o Act of making o Informing others of the law o Congress is mandated/required to publish laws By the authority Congress makes the law Everything that we do is provided by the congress National in scope Local scope: mini-congress o Ordinance: available only to the place where official is elected Ordinance For the common good Majority: 50%+1 Territory Not limited to the land Pertains to the land, water, sea and air Countr has exclusive power and right If you’ll go to the other country, you’ll pay You have to know your territory o As a sovereign people, you are free to go to your territory without asking permission Government Agent of state ; not the actual state Forms of government o Monarchial Run by royalties Saudi, Brunei, Bahrain, UAE The King and Queen has actual powers Note: England is not a monarchial country ; the establishment...
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...News about Unconstitutional Laws * SC: 2 EOs ni Erap kaugnay ng Dalawang Batas sa Coco Levy Fund, Unconstitutional 2012-Apr-21 - Saturday ~ 08:16:39 AM MANILA, April 22 (PNA) – The Supreme Court (SC) has declared unconstitutional two presidential acts for the creation of trust funds for farmers in connection with the controversial coco-levy funds. In a 23-page decision written by Associate Justice Roberto Abad, the SC ruled as illegal Executive Order 312, which sought to establish a P1-billion fund from the assets acquired using coco-levy funds and Executive Order 313, or the creation of an irrevocable trust fund known as the Coconut Trust Fund, which also directed government lawyers to exclude the 27 percent shares of the Coconut Industry Investment Fund (CIIF) in San Miguel Corp. (SMC) from the coco-levy case of former Ambassador Eduardo “Danding” Cojuangco, Jr. With a unanimous vote of 11 justices, the SC granted the petition of farmer groups, led by Pambansang Koalisyon ng mga Samahang Magsasaka at Manggagawa sa Niyugan in declaring EOs 312 and 313 as void. Associate Justice Antonio Carpio took no part since he is also one of the petitioners in the case. Also inhibiting from the case were Associate Justices Teresita Leonardo-De Castro and Diosdado Peralta since they have decided an interrelated case. EOs 312 and 313 were creations of then President Joseph “Erap” Ejercito Estrada. “But, given that the provisions of EO 312 and 313, which was already stated invalidly...
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...MANUEL L. QUEZON UNIVERSITY Manila, Philippines SCHOOL OF GRADUATE STUDIES DOCTOR OF PHILOSOPHY IN PSYCHOLOGY (Ph.D) First Semester 2013-2014 SEMINAR IN PHILOSOPHICAL SOCIAL ISSUES (SPSI) A REPORT ON “THE NAGGING LANGUAGE ISSUE” (BILINGUAL APPROACH IN EDUCATION) Submitted by: ARVELLA M. ALBAY Ph.D Psych Student Submitted to: DR. MARY ANN VILLENA Professor June 29, 2013 MANUEL L. QUEZON UNIVERSITY Manila, Philippines School of Graduate Studies Doctor of Philosophy in Psychology (Ph.D) First Semester 2013-2014 SEMINAR IN PHILOSOPHICAL SOCIAL ISSUES (SPSI) Topic : THE NAGGING LANGUAGE ISSUE (Bilingual Approach in Education) Reporter : ARVELLA MEDINA-ALBAY, Ph.D Psych Professor : DR. MARY ANN VILLENA INTRODUCTION BILINGUAL EDUCATION involves teaching academic content in two languages, in a native and secondary language with varying amounts of each language used in accordance with the program model. ➢ “Bilingual Education Policy (BEP) in the Philippines is defined operationally as the separate use of Filipino and English as the media of instruction in specific subject areas.” As embodied in the DECS Order, Filipino shall be used as medium of instruction in social studies/social sciences, music, arts, physical education, home economics, practical arts and character education. English, on the other hand is allocated to science, mathematics, and technology subjects. ➢ From the above description, it is quite evident that there is confusion for...
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...outside the City. To implement said city ordinance, then Acting City Mayor Amado L. Lucero issued Office Order No. 23, Series of 1993 dated January 22, 1993. This ordinance requires any person engaged or intending to engage in any business, trade, occupation, calling or profession or having in his possession any of the articles for which a permit is required to be had, to obtain first a Mayor's Permit” and “City Ordinance No. 15-92, An Ordinance banning the shipment of all live fish and lobster outside Puerto Princesa City from January 1,1993 to January 1, 1998. On February 19, 1993, the Sangguniang Panlalawigan, Provincial Government of Palawan enacted Resolution No. 33 which lead to the enactment of Ordinance No. 2 entitled an “Ordinance Prohibiting the catching, gathering, possessing, buying, selling and shipment of live marine coral dwelling aquatic organisms,and other fishes specified for a period of five years in and coming from Palawan Waters. Petitioners Alfredo Tano, Baldomero Tano, Teocenes Midello, Angel de Mesa, Eulogio Tremocha, and Felipe Ongonion, Jr. were charged criminally with violating Sangguniang Panlalawigan Resolution No. 33 and Ordinance No. 2, Series of 1993, of the Province of Palawan, in Criminal Case No. 93-05-C of the 1st Municipal Circuit Trial Court (MCTC) of Palawan . Petitioners Robert Lim and Virginia Lim, on the...
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...PHILIPPINE CONSTITUTION ARTICLE 1: 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 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. 1. Section 1, Article 1of the 1987 Constitution 2. The national territory comprises thePhilippine archipelago, with all the islands andwaters embraced therein, and all other territoriesover which the Philippines has sovereignty orjurisdiction, consisting of its terrestrial, fluvial andaerial domains, including its territorial sea, theseabed, the subsoil, the insular shelves, and othersubmarine areas. The waters around, between, andconnecting the islands of the archipelago, regardlessof their breadth and dimensions, form part ofinternal waters of the Philippines. 3. Necessity of constitutional provision on National Territory 4. 1. Binding force of such provision under international law. A state has the power to try, hear and decide cases throughout the extent of its territory. If there is a territorial dispute it should be settled according to the international law.2. Value of provision defining our national territory...
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...Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 101083 July 30, 1993 JUAN ANTONIO, ANNA ROSARIO and JOSE ALFONSO, all surnamed OPOSA, minors, and represented by their parents ANTONIO and RIZALINA OPOSA, ROBERTA NICOLE SADIUA, minor, represented by her parents CALVIN and ROBERTA SADIUA, CARLO, AMANDA SALUD and PATRISHA, all surnamed FLORES, minors and represented by their parents ENRICO and NIDA FLORES, GIANINA DITA R. FORTUN, minor, represented by her parents SIGRID and DOLORES FORTUN, GEORGE II and MA. CONCEPCION, all surnamed MISA, minors and represented by their parents GEORGE and MYRA MISA, BENJAMIN ALAN V. PESIGAN, minor, represented by his parents ANTONIO and ALICE PESIGAN, JOVIE MARIE ALFARO, minor, represented by her parents JOSE and MARIA VIOLETA ALFARO, MARIA CONCEPCION T. CASTRO, minor, represented by her parents FREDENIL and JANE CASTRO, JOHANNA DESAMPARADO, minor, represented by her parents JOSE and ANGELA DESAMPRADO, CARLO JOAQUIN T. NARVASA, minor, represented by his parents GREGORIO II and CRISTINE CHARITY NARVASA, MA. MARGARITA, JESUS IGNACIO, MA. ANGELA and MARIE GABRIELLE, all surnamed SAENZ, minors, represented by their parents ROBERTO and AURORA SAENZ, KRISTINE, MARY ELLEN, MAY, GOLDA MARTHE and DAVID IAN, all surnamed KING, minors, represented by their parents MARIO and HAYDEE KING, DAVID, FRANCISCO and THERESE VICTORIA, all surnamed ENDRIGA, minors, represented by their parents BALTAZAR and TERESITA ENDRIGA, JOSE MA. and REGINA...
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...Consti 1 Tañada v Tuvera, 136 SCRA 27 (1985) Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-63915 April 24, 1985 LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF ATTORNEYS FOR BROTHERHOOD, INTEGRITY AND NATIONALISM, INC. [MABINI], petitioners, vs. HON. JUAN C. TUVERA, in his capacity as Executive Assistant to the President, HON. JOAQUIN VENUS, in his capacity as Deputy Executive Assistant to the President , MELQUIADES P. DE LA CRUZ, in his capacity as Director, Malacañang Records Office, and FLORENDO S. PABLO, in his capacity as Director, Bureau of Printing, respondents. ESCOLIN, J.: Invoking the people's right to be informed on matters of public concern, a right recognized in Section 6, Article IV of the 1973 Philippine Constitution, 1 as well as the principle that laws to be valid and enforceable must be published in the Official Gazette or otherwise effectively promulgated, petitioners seek a writ of mandamus to compel respondent public officials to publish, and/or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders. Specifically, the publication of the following presidential issuances is sought: a] Presidential Decrees Nos. 12, 22, 37, 38, 59, 64, 103, 171, 179, 184, 197, 200, 234, 265, 286, 298, 303, 312, 324, 325, 326, 337, 355, 358, 359, 360, 361, 368, 404, 406, 415, 427, 429, 445, 447, 473,...
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