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8/15/2019 Polsci Paw

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Compare

The 1973 and 1987 Philippine Constitution

&

Explain and Give Examples of the

Three Inherent Powers of a State

By:

Pauline Naïve

July 28 2!"#

Pol$%i "!" ' E(C

Before )e *o on and pro%eed to our main topi% let us +rst dis%uss )hat

%onstitution is , %onstitution in a -roader sense as de+ned -y de .eon refers


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/to the -ody of rules and prin%iples in a%%ordan%e )ith )hi%h the po)ers of

soverei*nty are re*ularly exer%ised0 1t is here in the %onstitution -y )hi%h

the fundamental po)ers of the *overnment are esta-lished limited and

de+ned and -y )hi%h these po)ers are distri-uted amon* the several

departments or -ran%hes of the *overnment for the safe and useful exer%ise

for the -ene+t of the people

he %onstitution mainly serves t)o purposes or fun%tions and these are

+rstly is to serve as the supreme or fundamental la)3 )ith referen%e to the

Philippine %onstitution to )hi%h it is %onsidered as the supreme la)3 to )hi%h

it spea4s for the entire people from )hom it derives its %laim to o-edien%e

By -ein* the supreme la) it is also the la) to )hi%h all other la)s must

%onform to $e%ond the %onstitution fun%tions to esta-lish the -asi%

frame)or4 and underlyin* prin%iples of a *overnment )hi%h -asi%ally means

that it esta-lishes the frame)or4 on )here the *overnment is to -e

*rounded

here are di5erent 4inds of %onstitutions and may -e %lassi+ed as to its

ori*in and history and as to its form ,s to its ori*in and history there are t)o

4inds and these are %onventional or ena%ted %onstitution and %umulative or

evolved %onstitution Conventional or ena%ted %onstitution is one )hi%h is

ena%ted -y a %onstitute assem-ly mean)hile a %umulative or evolved is one

)hi%h is a produ%t of *ro)th or a lon* period of development ori*inatin*

from %ustoms traditions 6udi%ial de%isions and et% hen as to its form3

)hi%h su-stantially %oin%ides )ith the a-ove %lassi+%ation3 it is either a

)ritten %onstitution or un)ritten %onstitution 7ritten %onstitution is the one

)hi%h is *iven a de+nite form at a parti%ular time -y a spe%ially %onstituted

authority %alled the %onstitutional %onvention )hile an un)ritten %onstitution

is the one )hi%h is entirely the produ%t of a politi%al evolution %onsistin*

lar*ely of a mass of %ustoms usa*es and 6udi%ial de%isions 7ith referen%es


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to the Philippine %onstitution )hi%h may %lassi+ed as a %onventional or

ena%ted %onstitution and also a )ritten %onstitution

$pea4in* of the Philippines the %ountry has had already had seven

%onstitutions )herein amon* these seven %onstitutions three of )hi%h is

re%o*nied as havin* e5e%tively *overned the %ountry the "9; %onstitution

and the present and %urrently used %onstitution )hi%h is the "98

%onstitution -ein* t)o of the three

ar%os?

re*ime )herein it )as promul*ated after the de%laration of the martial la)

he story of the ma4in* of the "9; %onstitution unfolds in the ne%essity at

that time to ma4e ur*ently a ne) one due to the revealed @a)s and

inadeAua%ies of the %onstitution used at that time )hi%h is the "9;#

%onstitution 7ith ur*ent press for a resolution on >ar%h " "9 a

%on*ress in 6oint session passed resolution of -oth houses no2 that

authories holdin* of a %onstitutional %onvention in "9" )hi%h is the event

of )ritin* a ne) %onstitution he %onvention then started its )or4 of

re)ritin* the %onstitution on June " "9" and -y Novem-er ;! "92 the

proposed ne) %onstitution )as si*ned

ar%os issued Pro%lamation No "!8" pla%in* the entire %ountry under

martial la) 7herein then a presidential de%ree no 8 )as issued on

(e%em-er ;" "92 %reatin* a %itiens assem-ly in ea%h -arrio in

muni%ipalities and in ea%h distri%t in %hartered %ities throu*hout the %ountry

nder the de%ree the -aran*ays )ere to %ondu%t a referendum a-out on

national issues and pursuant to the de%ree the Auestions as4 )ere a-out


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)hether the people )hat to have a ne) %onstitution and result sho)s that

more than 9#D )ere in favor for a ne) %onstitution

7ith that the president of the Philippines throu*h pro%lamation no

""!2 on January " "9; %erti+ed and pro%laimed that the %onstitution

proposed -y the "9" Constitutional Convention had -een rati+ed -y the

=ilipino people and had there-y %ome into e5e%t )hi%h is then the "9;

%onstitution

he "9; %onstitution had -een amended or revised four times and the

important amendments are:

"F ma4in* the then in%um-ent President the re*ular President and

re*ular Prime >inister3

-F *rantin* %on%urrent la)'ma4in* po)ers to the President )hi%h the

latter exer%ised even after the liftin* of martial la) in "98"3

%F sta-lishin* a modi+ed parliamentary form of *overnment3

dF permittin* natural'horn %itiens )ho have lost their %itienship to

-e transferees of private land for use -y them as residen%e3

eF allo)in* the H*rantH of lands of the pu-li% domain to Auali+ed

%itiens3 and

fF providin* for ur-an land reform and so%ial housin* pro*ram

)here mentioned a-ove )ere supposed to introdu%e a parliamentary'

style of *overnment )hi%h is a demo%rati% form of *overnment )here the

party )ith the *reatest representation in the parliament )ill form the

*overnment and its leader )ill -e%ome the prime minister also )here the

le*islative po)er )as vested in a national assem-ly )hi%h serves li4e a party

)hose mem-ers )ere then ele%ted for six'year terms he president )hi%h

)as then ideally supposed to -e ele%ted as the sym-oli% and purely

%eremonial head of state %omes from the mem-ers of the national assem-ly

for six'year terms and %ould -e re'ele%ted to an unlimited num-er of terms


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No) after E($, people po)er revolution that ended the re*ime and

removed president =erdinand >ar%os the ne) president Cory ,Auino issued

Pro%lamation No ; on >ar%h 2# "98 to serves as a provisional %onstitution

)hi%h is 4no)n as the "98 %onstitution or the =reedom %onstitution .ater

then issued pro%lamation no 9 )hi%h the la) *overnin* the %onstitutional

%ommission of "98 mandatin* to %reate a ne) %onstitution repla%in* the

"9; %onstitution -y )hi%h on =e-ruary 2 "98 %reatin* to )hat is no)

%urrently used )hi%h is the "98 %onstitution

No) sin%e the "98 %onstitution is a repla%ement of the "9;

%onstitution let us %ompare -oth %onstitutions =irst )hen -ased on stru%ture

the "98 is lon*er than the "9; %onstitution havin* "8 arti%les )hile " for

the "9; %onstitution and this is also due to the "98 has many detailed

se%tions and )hat?s more is its ver-osity )hi%h ma4es it too hard to

understand immediately >oreover the "98 %onstitution is more detailed

%ompared to the "9; %onstitution this is to ensure that it )ill not -e

manipulated easily

Next let us dis%uss and %ompare the pream-le of the t)o

%onstitutions =rom "9; %onstitution pream-le to "98 %onstitution

pream-le there )ere some %han*es made and these are one is from the

"9; %onstitution divine providen%e )as used then repla%e to almi*hty God

in the "98 %onstitution this to manifest our -elief in one God and that )e

trust our nation and future to God another is from *eneral )elfare in "9;

%onstitution repla%ed to the %ommon *ood -y "98 %onstitution this is to

instill the idea of a so%ial order that ena-les every %itien to attain his or her

fullest development e%onomi%ally politi%ally %ulturally and spiritually

%ompared to usin* the )ord *eneral )elfare )hi%h %ould -e interpreted as

the *reatest *ood for the *reatest num-er only for example )hen the

*reater ma6ority mi*ht )ant the extermination of those )ho are %onsidered

as -elon*in* to an inferior ra%e 1t )as thou*ht that the %han*in* of phrase


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*eneral )elfare to %ommon *ood )ould *uarantee that mo- rule )ould not

prevail and that the ma6ority )ould not -e a-le to perse%ute the minority

=urthermore other )ords and phrases )hi%h are present at the "98

%onstitution pream-le )hi%h )as and not on the "9; %onstitution pream-le

are to -uild a 6ust and humane so%iety the rule of la) aspiration truth and

love he addition of the phrase to -uild a 6ust and humane so%iety in the

"98 %onstitution )ants to implies the fa%t that the ultimate desire of a

%onstitution is to -rin* a-out a so%iety %hara%teried -y 6usti%e and

humanity In the other hand the phrase the rule of la) is added in the

%onstitution in order to indi%ate the suprema%y of the la) and everyone must

respe%t and uphold it .astly the addition of the )ords li4e aspiration truth

and love are to -asi%ally to summarie the national *oals and interest and to

departure from fear hatred and infamy

No) let us %ompare the arti%les of -oth %onstitutions 7hen you

examine the "98 %onstitution one )ill see that it has many similarities )ith

the "9; %onstitution due to many of the provisions and se%tions of the "9;

%onstitution )ere retained in the present %onstitution there )ere some that

)ere %han*e or revised and some that )ere 6ust added $o +rst in the arti%le

11 of -oth %onstitutions one of the di5eren%e you?ll +nd is in se%tion " of the

"9; the Philippine *overnment that )as envision )as only a repu-li%an

*overnment )hile in the "98 %onstitution then the *overnment envisioned

)as then made into a demo%rati% and repu-li%an *overnment and then the

rest di5erent -et)een the t)o %onstitution in arti%le 11 is that the arti%le 11 of

"98 %onstitution have more detailed se%tions li4e se%tions a-out ri*ht to life

se%t #F human di*nity se%t ""F ri*ht to indi*enous %ulture se%t 22F and

many more hen throu*h the follo)in* arti%les there )ere many

inter%han*es li4e:


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1973 constitution 1987 constitution

,rti%le 1: Bill of Ki*hts ,rti%le 111: Bill of Ki*hts

,rti%le 111: Citienship ,rti%le 1: Citienship

,rti%le 1: $u5ra*e ,rti%le : $u5ra*e

,rti%le L: Judi%iary ,rti%le 111: Judi%ial (epartment

,rti%le L11: Constitutional Commission ,rti%le 1L: Constitutional Commission

,rti%le L1: .o%al Government ,rti%le L: .o%al Government

,rti%le L111: ,%%ounta-ility of Pu-li%

IM%ers

,rti%le L1: ,%%ounta-ility of Pu-li%

IM%ers,rti%le L11: National E%onomy and

Patrimony

,rti%le L1: National E%onomy and

Patrimony

1n the arti%le of -oth %onstitution a-out -ill of ri*hts there are se%tions

that )ere added and to -e found in the "98 %onstitution and not in the

"9; %onstitution li4e the se%tion "" )hi%h is a-out the ri*ht to %ounsel

se%tion "2 )hi%h is a-out the prote%tion from self'in%rimination and se%tion

"; )hi%h is a-out pre'trial release

,nother si*ni+%ant feature that is di5erent -et)een the t)o

%onstitutions is in the "98 %onstitution the po)ers of the national

*overnment are exer%ised in main -y three -ran%hes: the exe%utive -ran%h

headed -y the President and the )ho is vested )ith the exe%utive po)er the

le*islative -ran%h %omposed of Con*ress )ho is vested )ith the le*islative

po)er and the 6udi%ial -ran%h )ith the $upreme Court )ith the 6udi%ial po)er

%ompared in the "9; %onstitution )herein the one )ho has the exe%utive

po)er is the prime minister and the le*islative po)er is *iven to the nationalassem-ly ,nother is that in the "98 %onstitution the president is ele%ted

throu*h dire%t votin* of the people )hile in the "9; %onstitution the head of

the national assem-ly mem-er -e%omes the president


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1n arti%le a-out lo%al *overnment in -oth %onstitutions in the "98

%onstitution it added that esta-lishment of limited politi%al autonomy to the

lo%al *overnment units that a%t as the muni%ipal *overnments for provin%es

%ities muni%ipalities and -aran*ays )hi%h in the "9; didn?t mention

,nother also under the arti%le a-out lo%al *overnment in the "98

%onstitution it mandated that the Con*ress is the one )ho )ould ena%t a

lo%al *overnment %ode ho)ever in the "9; %onstitution the one )ho ena%t a

lo%al *overnment %ode is the -atasan* pam-ansa

he t)o %onstitutions also di5er in some arti%les it has )herein the

"9; %onstitution has arti%les a-out the duties and o-li*ations of %itiens

)hi%h is not found in the "98 %onstitution and also as a %onstitution that is

supposed to introdu%e a parliament *overnment it has arti%les that dis%uss

a-out the president and the vi%e president a-out the national assem-ly and

a-out the prime minister and the %a-inet )hi%h di5erent )ith the "98

%onstitution )herein it has arti%les that dis%usses a-out the -ran%hes of the

national *overnment spe%i+%ally the exe%utive department and le*islative

that exer%ise the po)er of the national *overnment )hi%h is an si*ni+%an%e

feature of the "98 %onstitution he remainin* arti%les are the same and

there are a little additions and some revisions made from the "9;

%onstitution .astly the "98 %onstitution also has some arti%les addition

)hi%h is not in the "9; %onstitution and these are the arti%les a-out the

so%ial 6usti%e and human ri*hts )herein under this arti%le it dis%usses

se%tions a-out la-or a*rarian and natural resour%es reform ur-an land

reform and housin* a-out )omen role and ri*hts of people or*aniations

and human ri*hts ,nother is the arti%le a-out edu%ation s%ien%e and

te%hnolo*y arts %ulture and sports and lastly an arti%le a-out the family

,fter dis%ussin* and %omparin* the "9; and "98 %onstitution let us

no) pro%eed in dis%ussin* the three inherent po)er of a state ,*ain let us

have a Aui%4 re%ap of )hat a state is , state is a %ommunity of persons


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more or less numerous permanently o%%upyin* a de+nite portion of territory

havin* a *overnment of their o)n to )hi%h the *reat -ody of inha-itants

render o-edien%e and en6oyin* freedom from external %ontrol

, state has four essential elements and these are the people )hi%h are

the mass of people livin* )ithin the state territory )hi%h is the area that is

under the 6urisdi%tion of the state *overnment )hi%h is an a*en%y )hi%h the

)ill of the state is formulated expressed and %arried out and lastly

soverei*nty )hi%h is the supreme po)er of the state to %ommand and

enfor%e o-edien%e to its )ill from people )ithin its 6urisdi%tion and %orollary

to have freedom from forei*n %ontrol

, state has three inherent po)ers and these are the poli%e po)er

po)er of eminent domain and po)er of taxation hese three inherent

po)ers of the state are inherent and indispensa-le meanin* they %annot -e

*one )hether or not they are expressed and these three inherent po)ers are

exer%ised primarily -y the le*islative -ran%h of the state hese po)ers are

used -y the *overnment as methods to interfere )ith private ri*hts ho)ever

these po)ers %annot -e exer%ised to trample the ri*hts *uaranteed under

the -ill of ri*hts and the exer%ise of these po)ers are al)ays su-6e%t to the

limitations and reAuirements of the %onstitution

=irst let us dis%uss the poli%e po)er Poli%e po)er is the soverei*n

po)er to promote and prote%t the pu-li% )elfare 1t is %onsidered to -e the

most all'en%ompassin* most essential and %onsistent of the all the three

inherent po)ers ,s )hat is mention earlier the po)ers have inherent

attri-ute )hi%h applies to the poli%e po)er ma4in* it an inherent attri-ute of

soverei*nty therefore it %an exist even )ithout reservation in the

%onstitution 1t is -ased on ne%essity as )ithout it there %an -e no e5e%tive

*overnment 7ith that it is also referred as the la) of over)helmin*

ne%essity 1t also refers to the po)er vested in the le*islature -y the


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Constitution to ma4e ordain esta-lish all manner of )holesome and

reasona-le la)s statutes or ordinan%es either )ith penalties or )ithout

nor repu*nant to the %onstitution as they shall -e 6ud*e to -e for the *ood

and )elfare of the state and the su-6e%ts

he exer%ise of the poli%e po)er is -asi%ally founded on the -asi%

prin%iple of /salus populi est suprema lex0 )hi%h means that the )elfare of

the people is the supreme la) and the prin%iple /si% utere tu et alienum non

laedas0 )hi%h means usin* ones property so as not to impair another ,nd in

exer%isin* the poli%e po)er the %on*ress has the ultimate po)er or says in

exer%ise it -e%ause it is the one )ho 6ud*es the ne%essity adeAua%y

reasona-leness and )isdom of any la)

$o -asi%ally the purpose of poli%e po)er is to serve the *eneral

)elfare %omfort and %onvenien%e of the people3 to promote and preserve

pu-li% health3 to promote and prote%t pu-li% safety3 to maintain and

safe*uard pu-li% order3 to prote%t pu-li% morals3 and lastly to promote the

e%onomi% se%urity of the people Example of poli%e po)er is environmental

prote%tion re*ulations and the ri*ht to tax

Next is the po)er of eminent domain Po)er of eminent domain or also

4no)n as po)er of expropriation is an inherent po)er of the state that

ena-les it to for%i-ly a%Auire private property )hi%h is intended for pu-li%

use upon the payment of 6ust %ompensation .i4e the poli%e po)er it is

-ased on the overridin* ne%essity and is exer%isa-le -y the le*islative

department of the state ho)ever unli4e the poli%e po)er the po)er of

eminent domain may -e exer%ise -y private entities )ith the express valid

dele*ation from the le*islature 1t %an -e li4e)ise exer%ise -y the president

the %on*ress and lo%al le*islative -odies


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Before exer%isin* the po)er of eminent domain there are %ertain

reAuisites that should -e follo)ed li4e +rst the property ta4en must -e a

private property3 se%ond the ta4in* must -e )ithin %onstitutional sense3 third

the ta4in* must -e for pu-li% use3 fourth a 6ust %ompensation must -e paid3

and lastly there must -e due pro%ess of the la) 1n the po)er of eminent

domain ta4in* may not only in%lude the import of a physi%al possession of

the o)ner as )hen he is ousted from his land or relieved of his o)nership

-ut also %overs trespass )ithout a%tual evi%tion of the o)ner material

impairment of the value of the property or prevention of the ordinary uses

for )hi%h the property )as intended ,n example of this is for%in* property

o)ners to sell their landhomes for pu-li% use su%h as -uildin* a hi*h)ay

s%hool or other pu-li% -uildin* li4e )hat happen in Carmen Ca*ayan de Iro

)herein people )ere as4ed to sell their landhomes in order to -uild a -rid*e

)hi%h is no) the Jr Bor6a -rid*e

.astly the po)er of taxation )hi%h is an inherent po)er of the state to

raise revenues to defray the expenses of the *overnment or for any pu-li%

purpose )hi%h %an -e done throu*h the imposition of -urdens or imposition

on persons properties servi%es o%%upations or transa%tions he

importan%e of taxation derives from the unavoida-le o-li*ation of the

*overnment to prote%t the people and extend them -ene+ts in the form of

pu-li% pro6e%ts and servi%es axation is -ased on ne%essity and the

re%ipro%al duties of prote%tion and support -et)een the state and those that

are su-6e%t to its authority

1n exer%isin* the po)er of taxation it is the Con*ress )ho exer%ises

the plenary po)er to tax


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and %olle%tion of %ertain 4inds of taxes 1t also needs to %onform to the

*eneral reAuirements of the eAual prote%tion %lause that the rule of taxation

shall -e uniform and eAuita-le ,n example of po)er of taxation is the

in%ome tax of a person3 another is the tax in the *oods )e -uy

1n summary )hen tal4in* a-out the poli%e po)er it is for the pu-li%

)elfare or *ood )hile the po)er of eminent domain it is for the pu-li% use

and lastly the po)er of taxation it is for the %olle%tion of revenue for the

*overnment %an use

Keferen%es:

• (e .eon

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