promulgate this Constitution. ARTICLE I. NATIONAL TERRITORY. The national territory comprises the Philippine archipelago, with all the islands and waters. do ordain and promulgate this Constitution. ARTICLE I. NATIONAL TERRITORY. The national territory comprises the Philippine archipelago, with all the islands. CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES. PREAMBLE. We, the sovereign Filipino people, imploring the aid of Divine Providence.
|Language:||English, Spanish, German|
|Genre:||Fiction & Literature|
|Distribution:||Free* [*Registration Required]|
CONSTITUTION OF THE PHILIPPINE REPUBLIC A vessel of Philippine registry is considered, for this purpose, as part of Philippine territory. LawJuan: Constitution is your fundamental tool to access the most fundamental law of the Philippines, the Constitution. NO network or internet connection is. The Framing Of The Philippine Constitution Jose M. Aruego.
An investing company receives rights to extract minerals under conditions which are largely defined by the political, institutional, socio-economic and cultural landscape of the host country.
Thus a mutually interdependent relationship develops: the host country relies on the mining company for foreign capital while the latter is granted certain rights in extracting minerals. The ensuing changes have important implications for pursuing the interests of each party.
It is during this instance when resource nationalism not only manifests itself but is re-examined by the host government. This meant that their policies established generous terms in favour of mining companies.
Heeding to recommendations of international financial institutions such as the World Bank Haselip and Hilson, ; wb-ifc, , many developing countries revised their mining policies. This was a trend that reflected in part the stiff competition and the apparent exigency to stir and promote mining investments Smith and Naito, During the period to , there were over 90 countries that legislated new mining laws, revised substantially their prevailing mining policies, or were formulating new legislation Otto, Policy changes made by developing countries include simplifying permitting procedures to provide flexibility in investment agreements.
In addition, taxation schemes were becoming more comprehensive to both attract investors and maximize government revenues unctad Secretariat, By , commodity prices have soared.
Host countries have become more concerned about obtaining a bigger cut of the mining revenue pie Gravelle, The rise in commodity prices prompted producing countries to raise royalty and taxation in their attempt to maximise their income revenues.
The overall global trend is an increase in the tax burden on mining companies as host governments regard mining companies to be making ample profits in light of soaring mineral prices. The issuance of Executive Order 79 is partly due to the growing clamour of various stakeholders i.
In addition, these stakeholders claim that there has been lack of meaningful involvement of communities in decisions and initiatives affecting them. Resource nationalism, as this paper discusses, involves what community citizens regard as the core of managing resources for the good of communities. This refers to affinity to the place where a resource is found — and such sense of attachment exists only among local residents.
The modern concept of this term is traced to the French jurist and political philosopher Jean Bodin who made the earliest discussion of the theory of sovereignty. Bodin noted that this power: 2 Bodin was not advocating for an absolutist state. Sovereignty is a principle as well as a practice Litfin, Rather, as Yasin clarifies, sovereignty is a matter of degree. This means that depending on situations, the state relocates its sovereignty from one point to another along the continuum.
It finds itself inviting foreign investors in order to generate adequate capital to be able to fully participate in the global market. The strength of the state is tested and demonstrated in the ways by which it accommodates the demands of the global economy.
It might appear that as the state fulfils the requirements of regional or transnational bodies, its power as a sovereign entity is allocated away. However, this is not so. Rosenau further clarifies that under conditions of globalization, sovereignty is both saturated by and placed within dynamic, persistently repetitive, turbulent political processes. Litfin adds a third one which is essentially the most critical as far as the Philippines is concerned, i.
The concept of legitimacy incorporates a clearly normative component and is reinforced by control and autonomy. Sovereignty resides in the people and all government authority emanates from them. However such action has caused factions among other key stakeholders in mining.
As an economic activity and as an industry, mining has prompted debates involving views from government agencies, mining executives, academicians, economists, local government officials as well as representatives of the religious sector, indigenous organizations, and environment and conservation groups.
There are several reasons why mining remains a polemical subject matter in the Philippines: an earnest goal, or desperate objective, within the national government to address fiscal difficulties, an eager anticipation of business and industry groups to seize opportunities for foreign investment in mining, a genuine concern of many citizens about the long-term adverse social and environmental consequences associated with mining activities, including the cultural and economic wellbeing of communities especially after a mine operation has long shut down, a lingering distrust of many citizens in the ability and sincerity of the national government and the minerals industry to address the concerns of communities who are adversely affected by mining operations, and a continuing doubt and skepticism among organized citizen groups that exploitation of minerals by foreign companies is the right path to national development.
The over-centrality of control by the national government in directing the exploitation, development and utilization of mineral resources repudiates local initiatives and mechanisms in addressing resource and environment concerns. In effect, enormous setbacks have dragged the full implementation of the Mining Act. Until the present, the law has continued to saunter a thorny path.
The program components are outlined in the Philippine Medium-Term Development Plan for the years It emphasized the need to achieve global competitiveness for the Philippines Ramos, Aquino issued Executive Order in July to foster investment in the mining industry. This authority which was formerly a prerogative reserved only for the President of the Philippines was intended to ease, as it did, the entry of many foreign mining companies. The Philippines was one of many developing countries to adopt neo-liberal economic policies to attract more mining investments.
As hoped for by the national government, the passage of this law led to the entry of foreign investors. Scarcely a few months after the law was passed, more than 50 applications for financial technical assistance agreements ftaas were already filed at the Mines and Geosciences Bureau mgb. They filed applications for various mining tenements.
Subsequently, the applications led to the approval of several exploration projects Cabalda, Banaag, Tidalgo, and Garces, and brought euphoria within the Chamber of Mines of the Philippines comp , the mgb and the national government. A detailed discussion of each is not permissible in this paper due to limited space. Among the three, the ftaa has been the most controversial. It grants the contractor rights for large-scale exploration, as well as development and utilization of minerals.
An ftaa has a term of 25 years, and extendable for another 25 years.
The terms and conditions of the contract, including the government share, are negotiated. The Mining Act also grants mining companies to occupy an area of 81, hectares where the company enjoys timber rights, water rights and easement rights. Social Imaginaries 24In this paper, I use the term social imaginary as elucidated by the philosopher Charles Taylor.
He observes that community populations come together to envision their lives in particular and often instinctively shared ways. It incorporates a sense of the normal expectations we have of each other, the kind of common understanding that enables us to carry out the collective practices that make up our social life. This incorporates some sense of how we all fit together in carrying out the common practice.
Such understanding is both factual and normative; that is, we have a sense of how things usually go, but this is interwoven with an idea of how they ought to go, of what missteps would invalidate the practice. Thus, a social imaginary blends both factual and normative dimensions of social existence.
It plays an important role in understanding, orchestrating, and promoting development in a society. Actions pertinent to realize desired changes in the status quo, and other initiatives which are directed at achieving betterment of economic, environmental and social conditions all embody a social imaginary, and are expressed in narratives of key players in mining, about which I now turn to.
The national government acknowledges its need for strong partnership with the minerals industry. Thus, true enough, both key government agencies and the comp have bonded themselves into a solid and busy team in marketing to foreign investors the Philippines as an investment destination.
These roadshows consisted of meetings and discussions with foreign investors on mining investment opportunities in the Philippines. Subsequently in , the comp organized an international investment mining conference in the Philippines attended by representatives of foreign mining companies.
The purpose was to promote the mineral prospects of the Philippines particularly the 24 priority mining projects 5. As earnestly hoped for by comp, the conference resulted in the signing of many Memoranda of Understandings MoUs and letters of intent between foreign mining companies and local mining partners Disini, Local Governments 6 The barangay is the smallest and most basic administrative political unit in the Philippines.
A gro Across the Philippines there have been varying degrees of local government inhospitality towards potential mining projects within their specific political-geographic jurisdictions. The following provinces also have legislations disallowing large-scale mining operations within their jurisdictions: Albay ordinance took effect in March , Bukidnon ordinance took effect in May , buttressing a related legislation passed in , Occidental Mindoro ordinance took effect in , and Zamboanga del Norte banning specifically open pit mining ordinance took effect on November While disputations have been continuing until the present, the initiatives of some provinces in legislating ordinances to restrict mining operations, are likely to trigger other provinces to follow suit.
These provisions are strengthened by the Local Government Code. However, local governments receive their share of tax revenues at a much delayed time. The yearly taxes collected from mining operations accrue to the national treasury and it would take at least a couple of years for a local government to collect its fund allocation.
The insight of a mayor of a mining municipality offers a picture of the situation. But take a look around and tell me, have we progressed significantly through the decade-long operation of that company? The company has been paying its taxes to the national government every year.
We had to wait like beggars for decades before we receive our internal revenue allotment from the national government. As for our latest allotment, it is debasing that we have been prodding the national government since to remit about PhP87 million to us as part of our share in the excise taxes paid by mining companies. We are not supposed to beg the national government but we are compelled to, lest we will never get the money that belongs to us. This implies that provincial, municipal, and barangay levels of government must be the bodies to grant approvals for mining projects.
Salceda also noted that at the same time, mining companies must pay taxes direct to the provincial and municipal governments. Salceda is the governor of Albay, the location of Rapu-rapu mine which became the first large-scale mining project that opened in the Philippines — and eventually advanced to production stage — after almost three decades during which no new mine in the country commenced operation. More important is the ratio of local government allocation relative to how much is ultimately taken by the mining companies.
In , mining companies in the Bicol Region 8 posted PhP9.
According to Salceda, the mammoth amount was for the mining companies, not for the people in the region. He added that mining companies paid PhP million 10 in taxes to the national treasury and remitted a meager share of only PhP90 million 11 to local governments Southern Luzon Business Review, Our water sources are being destroyed.
We are alarmed. This means mining brings a serious threat to our water sources, and an invitation to landslides and flashfloods. It is us, the people in the barangay, that will suffer the harmful consequences of mining. It is not those at the mgb and the executives of mining companies much less the foreigners that own the companies.
They do not feel what we feel because they are not of this place. They do not understand our situation, and they cannot sympathize with us. They come here and stay only as visitors.
The mgb and mining companies insist that digging our minerals is what needs to be done. That is their own idea, not ours. They do not live our lives that is why they see our coconut farms as dispensable. But this is our place; we have no other. It suggests ideas of concord and affinity with the locality. According to local government officials, an understanding of local situations is a trait which is manifestly lacking among representatives of the national government and the minerals industry.
The above remark also draws attention to the notions of domain and locality, which are absent in the discourse of national government officials. The claim to locality and attachment to place reechoes the viewpoint of Arthur Pingoy, the governor of South Cotabato Province whose environment code bans open pit mining.
I will continue to implement the law anti-open pit ordinance unless it is declared by the court illegal. In general, local ordinances become the formal shields of communities against the probable entry of mining projects into their towns or villages.
In the same manner, local officials make public declarations that the legislations they enacted are based on consultations with their constituencies. Thus far, this is the case, broadly, of South Cotabato and Romblon.
Unfortunately in other places e. Civil Society 42When it comes to dealing with the actions of the combined strength of the state and the minerals industry, some local governments and communities who are not convinced about the wisdom of opening their doors to mining, look for support.
At both the national and village levels, some help is often found in the Roman Catholic Church. Many nationalist organizations are either directly allied with or sympathetic to bayan Bagong Alyansa Makabayan 12 , a leftist supra-organization that coordinates mass movements. One of these ngos is the Alyansa Tigil Mina 13 atm which plays a significant role in providing the channel through which communities have been able to articulate their apprehensions towards mining projects.
As described earlier in this paper, the year witnessed the scores of mining companies filing applications for exploration and mining projects in the Philippines. Barely a year after however, the ecstatic momentum within the national government and the minerals industry dissipated. This was due to a combination of historical, political and economic factors.
The process of implementing the Mining Act has demonstrated the clash of social imaginaries. An estimated 1. It was a catastrophe of unprecedented proportions in the Philippines: agricultural fields were inundated and fishing which was a major livelihood for more than 20, families in 42 communities stopped due to the flow of mine tailings burying the channels and the valley floor sepo, Mining Act petitioned as unconstitutional 15 In , Western Mining Corporation Australia sold the project to the joint venture of Sagittariu This company was owned by the Australian Western Mining Corporation wmc Although wmc is the only formal private respondent in the case, the entire minerals industry had actually been handed the legal challenge.
Such practice, the petitioners argued, violates the constitutional provision that the natural resources of the Philippines are a national heritage which foreign companies, through ftaas, should not exploit. The Supreme Court also declared null and void the ftaa entered into by and between the Philippine Government and wmc.
The petitioners also questioned the powers and jurisdictions of the ncip and the applicability of customary law to the settlement of disputes involving ancestral domains and ancestral lands as violating due process of law.
Thus, the ncip was precluded from performing its functions. Indigenous and other concerned sectors were asking why the government did not also suspend the implementation of the Mining Act, which was similarly facing a legal challenge before the Supreme Court.
On 6 December , the Supreme Court dismissed the petition against the constitutionality of the ipra see Supreme Court of the Philippines, Subsequently, the petitioners filed a motion for reconsideration. Section 2. Budget To impose and collect taxes, to issue foreign and domestic loans, when necessary, and to issue paper money, to coin money and to appropriate the funds collected to the purposes required by the several branches of the State.
Section 3. Treaties To authorize privateering and issue letters of marque and reprisal, to raise and organize troops and to maintain them, to ratify treaties, and to make a treaty of peace with Spain, with the ratification of the Assembly of Representatives. Section 4. Judicial Powers To try as a judicial body, should they think necessary, the President or any of the members of the Council, who should be accused of crimes, cognizance of which appertains to the Judicial Power.
Section 5. Military Authority To have the right of supervision and supreme direction of military operations, when they believe it to be necessary for the consummation of high political ends. To approve, reform or modify the Regulations and orders for the Army, prepared by the Captain-General of the Army; to confer grades and promotions, from that of first lieuten[a]nt and to confer honors and rewards granted for services in war, at the recommendation of the said Captain-General of the Army.
Section 6. Section 7.
Congregation of the Assembly of Representaatives To convene the Assembly of Representatives when necessary, in accordance with the provisions of the Constitution. Article IV: Secretaries of the Government[ edit ] For each Secretary there shall be a Sub-Secretary, who shall aid in the dispatch of business and shall in case a vacancy-occurs fill ad interim the place of such Secretary. He shall have while so acting a vote in the Council of Government.
Article VII: Elections[ edit ] The basis of every election and appointment to any office in the Republic shall be aptitude for the discharge of the office conferred. Article IX: Majority Vote[ edit ] The decisions of the Council of Government shall be determined by a majority vote, and all the members of the same shall take part in its deliberations.
Article X: Executive Power[ edit ] The executive power shall be vested in the President, or in his absence in the Vice-President, and shall have these powers: To approve and promulgate the acts of the Supreme Council of the Government; To provide for their execution within the period of nine days: To issue decrees, rules or instructions for their execution: To receive ambassadors and to execute treaties.
Article XI: Vacancies of Office[ edit ] In case of definite vacancies, in the office of President, Vice-President, and Secretaries, by death, resignation or other legal causes, the Assembly of Representatives shall meet for the election of others to fill the vacant offices.
Article XII: Role of Secretaries[ edit ] Each Secretary shall have a vote in the passage of all resolutions and measures of whatever kind, and shall be able to take part in the deliberations thereon.
Article XIII: Power of Secretaries[ edit ] The Secretaries shall have the right to choose and nominate their own assistants and other officials of their respective departments. Article XIV: Department of Foreign Affairs[ edit ] The Secretary of Foreign Affairs shall have charge of: All correspondence with foreign nations regarding treaties and agreements of all kinds; appointment of Representatives to said nations, issuing instructions for and authorizing the expenses of such officials, as by act of the Council of Government reside in foreign parts, and preparation of passports for foreign lands.