Functions OF Government PDF

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FUNCTIONS OF GOVERNMENT 1. Constituent Functions/Governmental Functionsthose which constitute the very bond of society and are, therefore compulsory and not optional. examples: a.) keeping of order; b.) protection of property, and persons from violence or robbery; c.) legal relations between man & woman, between parents and children; d.) contractual rights between individuals; etc. 2. Ministrant Functions/Proprietary Functions – those undertaken only by way of advancing the general interest of society, and are, therefore optional, such as public works, public education, public charity, health and safety regulations and regulation of trade and industry. NOTA BENE: There is no longer distinction between the two (2) functions of the Government because all are necessary subjects of government service in which the latter is bound to deliver to the public in general. MAJOR IDEOLOGIES The operations of the government are greatly influenced by some world ideologies which are not limited to the following, to wit: 1. Socialism- public ownership of the principal means of production, exchange and distribution. *Socialists condemned the Capitalist System for concentrating wealth in the hands of the few and producing recurring wars and depression. 2. Communism- it is one where the means or instruments of production and output would be in common ownership or property of the classless proletarian society. 3. Capitalism- denotes an economic system in which the greater portion of economic life, particularly ownership of and investment in production and goods is carried on under private especially non-government auspices, through the process of economic competition and the avowed incentive of profit. CHAPTER 6 THE PREAMBLE OF THE 1987 PHILIPPINE CONSTITUTION

Meaning of the Preamble Etymology : - Preambulare (Latin) means “to walk before” or to “run before” - It is the preliminary statement introducing the reasons for the enactment of the Constitution and the objects sought to be accomplished - It is not source of rights or obligations. (Jascobson vs Massachusets, 197 US 11,22,1905) - It is not an integral part of the constitution because the latter may exist without it. It imposes no duties and creates no office. FUNCTION OF THE PREAMBLE - It sets down the origin, scope and purpose of the Constitution. - It is useful as an aid in ascertaining the meaning of ambiguous provisions in the body of the Constitution. OBJECTIVES OF THE PREAMBLE 1. It tell us who are the authors of the Constitution and for whom it has been promulgated; and 2. It states the general purposes which are intended to be achieved by the Constitution and the government established under it, and

To build a just and humane society; Establish a government that embodies our ideals and aspirations;  Promote the common good;  Conserve and develop our patrimony;  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. The Author of the Constitution The origin and the author of the 1987 Philippine Constitution is the Sovereign Filipino People.  

SALIENT INCLUSIONS / FEATURES IN THE PREAMBLE  The inclusion of the Principle of the Rule of Law: Which means that government officials derive their authority given by law and defined by the same. Such authority continues only with the consent of the people. “Ours is a rule of law and not of men.”  The addition of the word “Love” Signifies that it was love which prevented the bloodshed in the February Edsa Revolution  The mention of “truth” is a protest against the deception which characterized the Marcos Regime  Peace as the fruit of the convergence of truth, justice, freedom, and love. CHAPTER 7 NATIONAL TERRITORY Constitutional Provision

Article 1, Section 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 territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between and connecting the islands of Archipelago, regardless of their breadth and dimensions form part of the internal waters of the Philippines”. Archipelagic Doctrine: The waters around, between and connecting (abc) the islands of Archipelago, regardless of their breadth and dimensions form part of the internal waters of the Philippines”. COMPOSITION: A.) 3 Main Islands: Luzon, Visayas, Mindanao; B.) All waters embracing said islands such as water under the archipelagic doctrine; C.) All other territories over which the Philippines has sovereignty and jurisdiction (terrestrial, fluvial, and aerial domains) * Sabah (Historic Right/Legal Title; * Treaty of Washington (between US & Spain) 2/07/1900-Cagayan, Sulu, and the Sibutu Groups which were omitted in the Treaty of Paris;

other basic principles underlying Constitution. SCOPE AND PURPOSE OF THE PREAMBLE

the

*US & Great Britain =>1/02/1930, Turtle Islands andMangsee Islands 3 KINDS OF DOMAIN

1. TERRESTRIAL DOMAIN- refers to the land, whether agricultural, forest or timber, mineral lands, and national parks under the sovereignty and jurisdiction of the Philippines. - It includes natural resources found below the surface of the territorial land of the Philippines. 2. AERIAL DOMAIN-refers to the air space above the territorial lands and waters of the Philippines but excluding the outer space. i. Airspace =>under International Convention of Civil Aviation (Chicago Convention) established the principle that states have complete and exclusive sovereignty over the airspace above its territory, and state aircraft are not allowed to fly over the territory of another state or land thereon without authorization by special agreement or otherwise and in accordance with the terms thereof. ii. FIVE AIR FREEDOMS (International Air Transport Agreement)16 cities in Chicago (12/07/1944) 1. freedom to fly across the territory without landing; 2. freedom to land for non-traffic purposes; 3. freedom to put down passengers, mail, cargo in the territory of the state whose nationality the aircraft possesses; 4. freedom to take on passengers, mail, cargo destined for the territory of any contracting state; and 5. freedom to put down passengers, mail, and cargo coming from any such territory. iii. SIXTH AIR FREEDOM- the privilege to bring passengers and cargo from one country to airline’s home country and then transit them to a third country and viceversa. iv. Outer space- physical universe beyond the atmosphere of the earth. This is beyond the territorial sphere of a state. This is not subject to national appropriation by claim of sovereignty. Res Nullius-no one owns it. 3. FLUVIAL DOMAIN - refers to internal or national waters and external or territorial waters over which the Philippines exercises jurisdiction. i. Internal or National Waters- include rivers, lakes, canals, ports, harbors, gulfs, and bays, and waters around, between, and connecting the islands of Archipelago. ii. Archipelagic Principle- treats the islands of an archipelago as a single integral geographical and political unit.  An imaginary straight baseline to connect the outermost portions of the islands of archipelago and all waters embraced therein shall form part of the territory of the archipelagic state.  Waters within the archipelagic baseline are



considered INTERNAL WATERS under the Constitution. However, waters within the archipelagic baseline are considered ARCHIPELAGIC WATERS under International Law. INTERNAL WATERS (Under the Constitution)

*The

waters around, between, and connecting the islands of archipelago, regardless of their breadth and dimensions form part of the internal waters of the Philippines. NOTE: Foreign Merchant Vessels are not allowed to travel in the internal waters of the Philippines without its consent even in the exercise of the right of involuntary entrance/innocent passage.

ARCHIPELAGIC WATERS (Under International Law)

*The

Convention on the Law of the Sea (UNCLOS) recognizes the archipelago doctrine. However, waters within the archipelagic line are not considered internal waters but archipelagic waters.

NOTE: A Foreign Merchant Vessel is not allowed

without its consent except in the exercise of right of involuntary entrance. RIGHT OF INNOCENT PASSAGE (RIP) -the right of any foreign merchant vessel to navigate through the territorial waters of a state for purposes of traversing that sea without entering internal waters, or proceeding to internal waters, making for the highseas from internal waters, as long as it is not prejudicial to the peace, good order or security of the coastal state.

NOTE: The passage of a foreign vessel through the territorial sea is not considered innocent if it is prejudicial to the peace, order, or security of the coastal state. It means that the vessel must not violate the prohibitions laid down by the coastal state in such matters as customs, imports, exports, transit prohibitions, and public health. *A foreign military or government vessel cannot exercise both rights of innocent passage and involuntary entrance in the territorial waters, internal or external of a state.

RIGHT OF INVOLUNTARY ENTRANCE (RIE) -The right of any foreign merchant vessel to enter the territorial waters of a state in case of emergency such as lack of provisions, unseaworthiness of the vessel , inclement weather, pursuit of pirates, or other force majeure . iii.External or Territorial Waters or Maritime Zone -12 nautical miles from the archipelagic baseline -these are between archipelagic waters and territorial lands of the Philippines, and the open sea or international waters.

NOTE: FMV (Foreign Merchant Vessel) can exercise both RIP and RIE in the external waters of the Philippines. *The three (3) mile rule is no longer a generally accepted principle of international law. iv. Twelve Mile Contiguous Zone -12 nautical miles from the outer limits of territorial waters under which the Philippines has control. Purpose: to prevent infringement of its customs, fiscal, immigration, or sanitary regulations and punish infringement of the above regulations committed in its territory. v. Two Hundred-Mile Exclusive Economic Zone (EEZ) -refers to an area beyond and adjacent to the territorial sea, not to exceed 200 nautical miles from the baseline (archipelagic line), where the Philippines has an exclusive right to explore and exploit natural resources found therein and limited jurisdiction over matters involving customs, fiscal, health, safety, and immigration laws, and regulations.

Under UNCLOS:

1.

the coastal state has sovereign rights for purposes of exploring and exploiting, conserving and managing the natural resources whether living or non-living of the seabed and subsoil and the superjacent waters and with regard to other activities for the economic exploitation and exploration of the zone, such as production of energy from the water, currents and winds, and 2. the coastal state shall have jurisdiction with regard to customs, fiscal, health, safety, and immigration laws and regulations. vi. International Waters, High Seas or Open Seas

-refers to the portion of the ocean, which is beyond the territorial jurisdiction of any country. Res Nullius-no one owns it. CHAPTER 8 ARTICLE II-DECLARATION OF PRINCIPLES AND STATE

to enter into the archipelagic waters of a state

POLICIES

Purposes: 1.) it serves as a guide or political precepts to be observed and implemented by the government; 2.) guide for the implementation of the provisions of the Constitution.

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

authority emanates from the people and is exercised by representatives chosen by the people. Government vs. Administration Government-is an institution of which the functions and duties of the state are carried out. Administration- is composed of people running the institution (gov’t.) Manifestations of a democratic/republican state: 1.) observance of the rule of majority; 2.) existence of the Bill of Rights; 3.) elections through popular will; 4.) equal access to opportunities in public service; 5.) principle of the separation of powers. 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. *The Philippines renounces aggressive war but still has to defend national honor and integrity. Offensivewar=prohibited/renounced/constitutiona lly outlawed. Defensive war=constitutionally allowed. Incorporation clause: “adopts the generally accepted principles of international law as part of the law of the land” Generally accepted Principles of International Law: 1. those found in International Conventions; 2. those in the Charter of United Nations; 3. the right of an alien to be released on bail while awaiting deportation when his failure to leave country is due to the fact that no country will accept him (Mejoff vs. Director of Prisons ,1951) 4. the duty to protect the premises of embassies and legations (JBL Reyes vs. Bagatsing,1983) Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Purpose: to safeguard the people against the rise of a military dictatorship via coup d’ etat. Civilian Supremacy => President (a civilian) => Commander-in-Chief of the Armed Forces. *The President is vested with the power to appoint ranking military officials. Rationale of the Existence of the Armed Forces: a. to secure the sovereignty of the State; b. to preserve the integrity of the National Territory. Note: Martial Law did not supersede Civil Authority but only to assist in the maintenance of peace and order and in the execution or performance of Civil Functions. Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service. Prime Duty= to serve and protect the people. Dual Duty of the Government and the People= to defend the territorial honor and integrity of the Philippines from foreign aggression in order to assure the Philippines’ Right of Existence.

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. Section 6. The separation of Church and State shall be inviolable. -this provision is not hostile to religion. Principles: a. the state has no official religion; b. every person is free to follow any religion; c. freedom to practice one’s own calling; d. no special favor or aid to any particular sect/religion; e. no property shall be used for the benefit of any organization or minister; f. religion is not a basis to earn a government position, nor a requirement in the exercise of one’s right to vote and the exercise of others’ political rights. *The doctrine of the Separation of Church and State shall be inviolable. STATE POLICIES Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. Right of Legation –an effective way of facilitating and promoting the intercourse/relation among states. *In order to have an independent foreign policy, there should be great consideration to national sovereignty, territorial integrity, national interest, and the right to self-determination. Section8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. =>banning of nuclear weapons in the Philippine Territory; =>this prohibition extends to possession, control, manufacture of nuclear weapons, and nuclear arms test. =>exception: if it relates to National Interest =>note: the policy does not prohibit the peaceful uses of nuclear energy. Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. *Protective Services (peace & order, protection of life, liberty & property) *Economic Development Services (conservation of ecology, natural resources, promotion of Industry and Commerce, improvement of our transportation and communication) *Social Services (educational, cultural, scientific, social welfare services, housing projects) Section 10. The State shall promote social justice in all phases of national development. Social Justice- the ideal of society to be attained by the promotion of the welfare of the people through the humanization of laws and the equalization of social economic forces and benefits. The Social Justice is implemented through the following: 1. The equal protection of the law clause; 2. Due Process Clause; 3. Provision against imprisonment for non-payment of debt and involuntary servitude; 4. Provision against excessive bail and fines; 5. Free access to the courts; 6. Public Education in the elementary and highschool levels; 7.Implementation of agrarian and natural resources...