National territory DOC

Title	National territory
Author	Eucille Fe Faelnar
Pages	10
File Size	132 KB
File Type	DOC
Total Downloads	273
Total Views	704

Summary

justice means that the State should assist the underprivileged. Without such help, they might not be NATIONAL TERRITORY able to secure justice for themselves. Since the provision on social justice in the 1987 Constitution covers all phases of national development, it is not limited to the removal of...

Description

NATIONAL TERRITORY Bar Question Q: A law was passed dividing the Philippines into 3 regions (Luzon, Visayas, Mindanao), each constituting an independent state except on matters of foreign relations, national defense and national taxation, which are vested in the Central government. Is the law valid? Explain. A: The law dividing the Philippines into 3 regions, each constituting an independent state and vesting in a central government matters of foreign relations, national defense and national taxation, is unconstitutional. First, it violates Art. I, which guarantees the integrity of the national territory of the Philippines because it divided the Philippines into 3 states. Second, it violates Sec. 1, Art. II of the Constitution, which provides for the establishment of democratic and republic States by replacing it with 3 States organized as a confederation. Third, it violates Sec. 22, Art. II of the Constitution, which, while recognizing and promoting the rights of indigenous cultural communities, provides for autonomous regions in Muslim Mindanao and in the Cordilleras within the framework of national sovereignty as well as territorial integrity of the Republic of the Philippines. Fifth, it violates the sovereignty of the Republic of the Philippines. GOVERNMENT Bar Question Q: Are government-owned or controlled corporations within the scope and meaning of the "Government of the Philippines?" A: Sec. 2 of the Introductory Provision of the Administrative Code of 1987 defines the government of the Philippines as the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, same as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government. Government-owned or controlled corporations are within the scope and meaning of the Government of the Philippines if they are performing governmental or political functions. DECLARATION OF PRINCIPLES AND STATE POLICIES Bar Question Q: (a) Discuss the concept of social justice under the 1987 Constitution. (b) How does it compare with the old concept of social justice under the 1973 Constitution? Under the 1935 Constitution? A: (a) Section 10, Article II of the 1987 Constitution provides, "The State shall promote social justice in all phases of national development". As stated in Marquez vs. Secretary of Labor, 171 SCRA 337, social justice means that the State should assist the underprivileged. Without such help, they might not be able to secure justice for themselves. Since the provision on social justice in the 1987 Constitution covers all phases of national development, it is not limited to the removal of socio-economic inequities but also includes political and cultural inequities. The 1987 Constitution elaborated on the concept of social justice by devoting an entire article, Article XIII, to it. (b) In Calalang vs. Williams, et. al., 70 Phil. 726, social justice was defined as "neither communism nor despotism, nor atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of all the people, the adoption by the government of measures calculated to insure economic stability of all the competent elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community. Bar Question Q: Does the 1987 Constitution provide for a policy of transparency in matters of public interest? Explain. A: Yes, the 1987 Constitution provides for a policy of transparency in matters of public interest. Section 28, Article II of the 1987 Constitution provides: "Subject to reasonable conditions prescribed by law, the sate adopts and implements a policy of full disclosure of all its transactions involving public interest." Section 7, Article III of the 1987 Constitution states: "The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law." Section 20, Article VI of the 1987 Constitution reads: "The records and books of account of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each member." Under Section 17, Article XI of the 1987 Constitution, the sworn statement of assets, liabilities and net worth of the President, the Vice-President, the Members of the Cabinet , the Congress, the Supreme Court, the Constitutional Commission and other constitutional offices, and officers of the armed forces with general or flag rank filed upon the assumption of office shall be disclosed to the public in the manner provided by law. Section 21, Article XII of the Constitution declares: "Information on foreign loans obtained or guaranteed by the government shall be made available to the public." As held in Valmonte vs. Belmonte, G.R. No. 74930, Feb. 13, 1989, these provisions on public disclosures are intended to enhance the role of the citizenry in governmental decision- making as well as in checking abuse in government. GRANT OF EMERGENCY POWERS TO THE PRESIDENT Bar Question...