What is the meaning Section 1 of 1987 Philippine constitution



Section I. 
        The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

EXPLINATION:


When our constitution declares that a right exist s in certain specified circumstances an action may be maintained  to enforce such right notwithstanding the absence of any legislation on the subject; consequently, if there is no statue especially enacted to enforce such constitutional rights, such right enforces by its own inherent potency and puissance, and from which all legislations must take their bearings. Where there a right there is a remedy.
It is now declared that the Philippines is not only a republican but also a democratic state. As a republican state, the Philippines is committed to observe  first, respect for cardinal rights embodied in the Bill of  Rights ; second, the principles that ours is  a government  of laws and not of men (that so called rule of law mentioned in the preamble). Third, the principle that the state cannot be issued without its consent; forth, the principle that the legislature cannot pass irrepealable laws; fifth, election through popular law; sixth, the principle that an office is a public trust; and seventh, the rule against undue delegation of legislative power.
As a Democratic State, Is the people who are sovereign and no dictatorship should prevail in our midst. Thus, it is expressly stated in our Constitution that sovereignty resides in the people and all government authority  enmates from them. And to emphasize the peoples role in our governmental and societal affairs, the New Constitution recognizes and promotes people organizations.


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3 Responses to this post

  1. Unknown on Disyembre 8, 2015 nang 11:20 PM

    mahalaga bang malaman ito??

  2. Unknown on Hunyo 23, 2016 nang 7:57 PM

    explanation

  3. Marlowe Camello on Setyembre 29, 2018 nang 11:20 AM

    Features of the People’s Power in the Philippine Constitution:

    1. Under Philippine democracy, the People are Sovereign. Inherently, they have both powers to decide and vote in politics and in justice. Action, not presumption, is required by the plurality, not by singularity, of persons called “the People” in the exercise of their sovereignty by means of their votes. In Politics, they use electoral votes and in Justice, they use jury votes, to inform of their authorization to their government to officially act in their behalf.

    2. When people vote in justice by the jury, their decision ranks with a higher authority and respect over the decision of any public official. The highest order of power, called “sovereignty” is vested in them which they must, in fact, use, exercise and practice in the governance of justice through the procedural devise known as the Jury System. With the decision of the people by the jury, under the supervision of the Judiciary or the Ombudsman, it is their means to over ride the illegal orders of the President.

    3. The President has no power to override the decision of the jury because he is only a servant of the people and separation of powers keeps him off limits in the basic control of justice. HOWEVER, in the absence of the Jury System, it is not unusual for the President to take over the role of the “King of Justice” when the rule of law goes out of hand because no one seems to believe in the “presumed” naked authority from the people in the decisions or judgments issued by the courts and prosecutors. It is for this reason that the Judiciary and the Ombudsman must imperatively set up and promulgate respectively the Trial Jury and the Grand Jury systems in order for them not to forfeit to the President the use of the people’s power in justice following the adage that “what you don’t use, you lose,” and thereby maintain the check and perfect balance among the separate branches of the government.

    4. Absolutely Essential: The Trial Jury Rules and the Trial Jury System must be set up by the Judiciary to obtain it’s authorization from the people in requiring an accused crime suspect to face trial and to impose penalty on him if found guilty by the trial jury of the people. An imposition of penalty by a solo judge based on his self-serving guilty decision against the accused is void in violation of the constitutional rule which says: “All government authority emanates from the people” in the opinion of this writer. Actions in the afore-cited rule always involve plurality of people, not singularity.

    5. Absolutely Essential: The Grand Jury Rules and creation of the Grand Jury must be set up by the Ombudsman to obtain his authorization from the people to investigate and to guide them in filing their primary or basic indictment in court before he can prosecute a suspected felony offender. Without prior primary indictment filed in court by the people, the government has no power to prosecute the crime suspect. Direct indictment by the government of the accused is forbidden constitutionally to prevent government abusive dictatorial tyrannic accusations which, technically, confers no jurisdiction upon the court. Grand Juries have the power to criminally indict those who obey illegal orders of superior officials who may be immune from certain criminal liability under the constitution.
    Marlowe Camello, mcamello@verizon.net

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