Evolution of Philippine constitutions, Summaries of Marketing Business-to-business (B2B)

Download Evolution of Philippine constitutions and more Summaries Marketing Business-to-business (B2B) in PDF only on Docsity! EVOLUTION OF PHILIPPINE CONSTITUTION Constitution  Fundamental law of a nation or state  It establishes the character and basic principles of the government.  The system that runs the government and is often codified which forms the fundamental rules and principles by which an organization is managed  To make clear the rights of the individual and creates limitations to government power. The Highest Expression of the Law Purpose of a Constitution  Prescribe the kind of government that will exist in the state  It creates the different departments and specifies their respective functions and duties  It is the source of the sovereign powers of a government by establishing the fixed, first or basic principles  It promotes public welfare. It establishes the rights of the people which the government is obligated to protect The Making of a Constitution  It is written by a constitutional convention which is a body assembled for the express purpose of framing or writing a constitution, revising an existing one or proposing amendments to it  After writing the draft will be submitted to a plebiscite for ratification in which the people will decide whether it is acceptable to become a law of the land  Results are then considered and followed by the government Note: Referendum in which a law passed by a legislative body is brought before the people to be voted upon, the results, however, may or may not be considered by the state. The History of the Philippine Constitutions The Biak-na-Bato Republic Constitution (1897)  Philippine Revolution reached a stalemate in 1897 when the revolutionary forces of General Emilio Aguinaldo fled to the mountains of Biak-na-Bato in San Miguel de Mayumo, Bulacan  To consolidate the forces still fighting in the other provinces, Aguinaldo met with his leaders to establish a recognized government  A revolutionary government had already been formed in March that year with Aguinaldo as President in Tejeros, San Francisco de Malabon in Cavite  It was this government that was now in Biak-na- Bato  An assembly of Filipino rebel leaders were called and it was agreed that a republican from of government would be formed.  Isabelp Artacho and Felix Ferrer were tasked to write the Constitution  Adopted the provisions of the Constitution framed in Jimanguayu, Cuba  Promulagated by the Philippine Revolutionary Government on November 1, 1891 become the provisionary constitution of the government during the Revolution against Spain  Lasted only for 2 years and was superseded by laws and decrees made by Aguinaldo Biak na Bato features  Its preamble reiterated the objective of the Revolution which was “the separation of the Philippines from the Spanish Monarchy and the formation into an independent state with its own government”  Formed a supreme council: President, Vice- President, Secretary of the Interior, Secretary of Foreign Relations, Secretary of War and Secretary of Treasury.  The council powers includes: issue orders and other laws for the security of the state, impose and collect taxes, raise an army, ratify treaties and convene an Assembly of Representatives  The official language was Tagalog  Judiciary power was vested in other Supreme Council of Justice  Articles XXII to XXV the bill of rights accorded to every Filipino Malolos Republic Constitution (1899)  Following the defeat of Spain by the US in the Spanish-American War in 1898.  After 2 weeks of June 12, 1898 Aguinaldo ordered the convening of Malolos, Bulacan. Elections were held for the delegates in the provinces that were already free form Spanish forces.  It was inaugurated at Barasoain Church in Malolos on September 15, 1898 amidst a large celebration and coverage by both the local and foreign press.  The first acts were to ratify the Independence declaration in Kawit  The congress was originally conceived by presidential advisor Apolinario Mabini to be an advisory body to the President.  Another group led by delegate Pedro Paterno decided to create a constitution to form a government that would be recognized by foreign powers.  Mabini was against this for he believed that peaceful conditions should first prevail before a constitution should be drafted and was overruled by Paterno and his allies  October 25, were the discussion begin after the submission of a draft by Felipe Calderon were he drew inspiration from the constitutions of Mexico, Belgium, Guatemala, Costa Rica, brazil and France.  One the heated issue is the Union of Church and State where Catholicism would be the state religion and the proposal was voted on twice by the Congress. First was a tie and the second is the separation by one vote.  The Constitution was approved by the Malolos congress on November 29, 1898 and forwarded to President Aguinaldo for approval  The original draft of the Constitution, emphasized a popular government which means supreme power is given to a legislative body since it is the representative of the people.  The President as well as the judiciary including the Supreme Court would be selected by the legislative body which was the Malolos Congress  Mabini objected to this proposal and the approval of the Constitution was delayed  Amendments were made and the document was finally approved by Aguinaldo on January 21 Malolos Republic Constitution (1899) Features  Based on democratic traditions in which the government formed was “popular, representative and responsible” with three distinct branches – the executive, the legislative and the judicial  It called for a presidential form of government with the president elected for a term of four years by a majority of the Assembly convened as a constituent assembly.  It recognized the freedom of religion and the separation of the Church and State  It emphasized and safeguarded the basic civil rights of not only Filipinos but foreigners, through a Bill of Rights (Articles XIX and XXIII) Malolos Republic Constitution (1899)  The first democratic government of the country  Includes the management of social services, education, the creation of an Army, monetary system and diplomatic activities.  Has a government publication in order to spread to the foreign nations the ideals of the new republic and to ask for support for its recognition.  It was short lived government.  Its demised began at the start of the Philippine – American War in February 1899 and ceased to exist with the capture of President Aguinaldo in Palanan, Isabela in March 1901, the Americans had firmly established themselves as the new colonizers of the Philippines with a military government running the country  July 1901, formally established the first civil government in the Islands 1935 Constitutions and the Commonwealth Government  July 10, 1934, an election was held to vote for the delegates to write a constitution for the Philippines.  202 delegates were delegates were elected and the convention was opened on July 30 and the draft of the Constitution was finished by January 31, 1935 and was approved by the convention on February 8.  There was only one dissenter, Tomas Cabili of Lanao, who felt that the Constitution did not serve the people of Mindanao  The Constitution was approved by US President Franklin Delano Roosevelt on March 23, 1935 and ratified by the Filipino people in a plebiscite on May 14, 1935  It served as the fundamental law of the land from 1935 to 1972. It established the Commonwealth of the Philippines and provides that upon withdrawal of American sovereignty in the country and the declaration of the Philippine independence, the Commonwealth shall be known as the Republic of the Philippines 1935 Constitutions and the Commonwealth Government features  Enumerated the composition, powers, and duties of the three branches of government (Executive, Legislative and Judicial)  Created the General Auditing Office