Article Ii 2r4t54

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them

The Philippines as a democratic and republican state A republican government is a democratic government by representatives chosen by the people at large. The essence, therefore, of republican state is indirect rule. People established government to govern themselves. Its officers from the highest to lowest are servants to us, not our masters. They can only exercise the powers delegated to them by the people who remain as the ultimate source of political power and authority.

Manifestation of democratic and republican state. The manifestations of a democratic and republican state are: •

The existence of bill of rights

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The observance of the rule of the majority

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The observance of the principle that ours is a government of laws and not of men

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The presence of election through popular will

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The observance of the principle of separation of powers and the system of checks and balances.

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The observance of the principle that the legislature cannot not capable to repair laws.

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The observance of the law on public officer

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The observance of the principle that the State cannot be sued without its consent.

Sovereignty of the people Sovereignty implies the supreme authority to govern. As the State in whom sovereignty resides, the Filipino people have the right to constitute their own government, to change it, to define its jurisdiction and powers. •

Exercised Directly through public officials

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Exercised directly through suffrage

- Actual sovereignty is exercised by the people through the electoral process. The popular will is best expressed when electoral process are free, clean and honest on the basis of universal suffrage. Since we are a representative democracy , the free and true expression of the people sovereignty is of great importance

Right of the people to revolt •

Being an inherit right, it exists whether or not such right is embodied in the Constitution and, regardless of the Constitution, a people will revolt if sufficiently provoked by oppression or abuses.

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A constitution in a democratic State enshrines the rule of law and therefore any allusion to the right of violent or armed revolution would be consistent with the concept of a Constitution.

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It would also not speak well of the political stability of the State because such a provision connotes that there is a distinct possibility that the time may come when the people have to revolt against tyranny.

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In any case, in a democratic society where the consent of the governed is regularly expressed through open debates and free elections.

Sec. 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

Renunciation of war as instrument of national policy The declaration refers only to the renunciation by the Philippines of aggressive war, not war in defense of her national honor and integrity

Adoption of the generally accepted principles of international law as part of our law International law refers to the body of rules and principles which governs the relations of nations and their respective peoples in their intercourse with one another 1) When international usage to be applied -International usage or the customs of civilized nations are given effect by our courts in the absence of any treaty, executive order, legislative act, or juridical decision. An example of a principle established by international usage is that fishing boats belonging to an enemy are not subject to seizure in time of war. 2. A treaty has force of a statute

- The Constitution give a treaty the same weight and value as a statute of Congress. In case of a conflict between a treaty and a statute the prior act is superseded by the later one in point of time 3.Constitution prevails over a treaty - The phrase “law of the nation” in the 1935 Constitution was changed to “law of the land” in the 1973 Constitution in order to avoid any conjecture. The change is retained in the new constitution.

Adherence to the policy of peace, etc. with all nations It shows a positive attitude on the part of the Philippines toward the observance of the principles of the United Nations Charter and to universally accepted rules and principles of international law. The Philippines seeks only peace and friendship with its neighbors and all countries of the world, regardless of race, creed, ideology and political system, on the basis of mutual trust, respect, and cooperation

SEC. 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.

Supremacy of civilian authority over the military. •

Inherit in a republican system

-This deeply rooted political tradition is also inherent in a republican system of government. The Constitutional Convention and Commission have included the above provision as they felt the need for a clear expression in the Charter concerning the supremacy of the civilian authority over the military at all times, particularly during martial law or suspension of the privilege of the WRIT OF HABEAS CORPUS •

A safeguard against military dictatorship

- a civilian, the President is the commander-in-chief of all armed forces of the Philippines

Armed Forces of the Philippines, protector of the people and the State 1. Fearsome image acquired during martial rule - This was a contributory factor to the failure of the government to contain the growing insurgency problem. Rightly or wrongly, it had been accused of having committed, abetted, or tolerated numerous violations of human rights both against rebels and the civilian population. Among the cases reported are unexplained or force disappearance, extrajudicial killings (salvaging), massacres, tortures, hamletting, and food blockades.

2. Constitutional mandates The Constitution seeks to change this state of affairs: Through section 3 it defines the function of AFP and its goals. It shall be the protector of the people and the State to secure the sovereignty of the State and integrity of A. Through section 3 it defines the function of AFP and its goals. It shall be the protector of the people and the State to secure the sovereignty of the State and integrity of national territory. B.

The Constitution insures professionalism in the AFP. It directs the State to strengthen the patriotic spirit and

C. national territory. D. B. The Constitution insures professionalism in the AFP. It directs the State to strengthen the patriotic spirit and nationalist consciousness of the military, and respect peoples rights in the performance of their duty.

SEC. 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 of Government Section 4 enunciates the first and foremost duty of the Government is to serve and protect the people. The government exist for the people and not for the government. The State fulfills this prime duty by pursuing and implementing the State Policies by the Constitutions in Section 7 to 28

Defense of the State by the people against foreign aggression While the defense of the State is no longer the prime duty of the government, it may call upon the people to defend the State. The defense of the State is one of the duties of a citizen.

Military and civil service by the people •

Defense of the State performed through an army

- To leave the org. of an army to the will of the citizens would be to make this duty executable should there be no sufficient men who volunteer to enlist therein. •

Compulsory

- According to the Supreme Court, Any citizen recruited for the army or civil service pursuant to law for the defense of the State may not refuse on the ground that to go to war is against his religion

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Civil Service

- refers to any service for the defense of the State other than as soldier, like as workers in munitions factories •

Personal

- One cannot render the service required through another. The service must be “personal” •

By law

-It seeks to emphasize the primordial responsibility of the Government “to serve and protect the people” even when they are called upon “to defend the State”

Sec. 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

Maintenance of peace and order Only when peace and order, security, and a life of dignity are established and maintained, will political stability and economic prosperity become attainable and the people truly enjoy the “blessing of independence and democracy”

SEC. 6 The separation of Church and State shall be inviolable.

Principle of the separation of the Church and State Principle of the separation of the Church and State is inviolable, to secured or protected from violation, it is implied from the constitutional prohibitions that “no law shall be made respecting an establishment of religion”. That means that the church is not to interfere in purely political matters or temporal aspects of man’s life and the State, in purely matters of religion and morals, which are the exclusive concerns of the other. The term “church” as used in the Constitutions, covers all faiths.

Meaning of “establishment of religion clause” The phrase “no law respecting an establishment of religion” has been referred to as the “establishment of religion clause.” In other words of Thomas Jefferson, using a metaphor, this clause was intended to erect “a wall of separation between the Church and the State.” And it means that: 1. The State shall have no official religion. 2.The state cannot set up a church, whether or not ed with public funds; nor aid one religion and all religions

3. Every person is free to profess belief or disbelief in any religion 4. Every religious minister is free to practice his calling 5. The State cannot punish a person for entertaining or professing religious beliefs or beliefs.

No hostility towards religion •

Our Constitution and laws exempt from taxation, properties devoted exclusively to religious purposes.

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The use of public money or property is not prohibited when a priest, preacher or dignitary as such is assigned to the armed forces, or to any penal institution or government orphanage or leprosarium

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Optional religious instruction in public elementary and high schools is by constitutional mandate allowed.

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Thursday and Friday of Holy Week, Christmas Day and Sundays are made legal holidays” because of the secular idea that their observance is conducive to beneficial moral results

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The law punishes polygamy and bigamy, and certain crimes against religious worship are considered crimes against the fundamental laws of the State

State Policies Sec. 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.

Foreign policy of the Philippines Foreign Policy is the basic direction underlying the conduct by a State of its affairs vis-à-vis those of other State. The President Formulates our foreign policy principally with the help of the Department of Foreign Affairs or DFA. 1. An instrument of domestic policy - It is the sole weapon of the State for the promotion of national interest in international affairs 2. Pursuit of an independent foreign policy - An independent foreign policy simply means one that is not subordinate or subject to nor dependent upon the of another government. It must have a global outlook in

view of the deleterious effect in the countries relations with other countries of a foreign policy that revolves only on our relations with select of the international community and being a small developing nation, we must make no enemy if we can make a friend 3. Paramount Consideration - In its relation with other States, the paramount consideration of the Philippines shall be national sovereignty, territorial integrity, national interest, and the right to selfdetermination

Sec. 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

Freedom from nuclear weapons policy The use of nuclear energy for medicine, agriculture, and other peaceful or beneficial purposes is prohibited. Congress will have to provide the mechanics to effectively implement Section 8. 1.As subject to exception - The phrase “consistent with the national interest,” may reasonably be interpreted to mean “subject to national interest.” In other words, if the national interest so dictates, the storing of nuclear weapons in our territory may be permitted at least on a transitory basis, considering that it was not prohibited under the existing military basis, agreement with the United States. 2. As an absolute ban. - The Constitution itself bans nuclear weapons as policy and precisely emphasize that such policy is “consistent with the national interest”

Sec. 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.

Just and dynamic social order •

Policies necessary to be pursued - This is accomplished through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

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Solving the problem of mass poverty

- The goal is to reduce the political and economic power of a privileged Few by equalizing widely differing standards and opportunities for advancement and to raise the masses of our people from their poverty to a qualitative life worthy of human dignity.

Sec. 10. The state shall promote social justice in all phases of national development.

Social justice The policy mandates the State to promote social justice in all phases of national development. The State must give preferential attention to the welfare of the less fortunate of the community-the poor, the underprivileged, those who have less in life.

Sec. 11. The State values the dignity of every human person and guarantees full respect for human rights.

Human dignity and human rights We are democratic State, everyone enjoys there certain rights w/c cannot taken away by the lawmaking body. These rights were guaranteed because of the belief in the worth of every human person. The value accorded to Human dignity is measured by the extent of respect for human rights.

SEC. 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the of the Government .

Strengthening the family as a basic autonomous social institution Under the provision, the Government may not enact any law or initiate measures that would break up or weaken the family as a social unit, or in the guise of protecting the family, interfere in purely internal family matters which do not involve the social order or any public policy.

Right to life of the unborn from conception and of the mother •

The unborn child is considered a subject or professor of human rights. He has a basic human right to life w/c the State is mandated to protect along with infants and children. In short, once conceived, a child has a right to be born

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Aside from the right to life of the unborn the health of the mother whose life it shall equally protect. The sacrifice of the life of the unborn when medically established as necessary to save the life of the mother is not abortion.

Rearing of the youth for civic efficiency and development of moral character •

A duty both of parents and government -the Government, therefore, should equally share in the inherent right and duty of parents in the training of their children to be good, useful, and worthy citizens by giving them to prepare their children for future positions of responsibility and leadership

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Right of the State to interfere with the education of children - the State has the power to regulate all schools, their teachers and pupils, to require that all children of proper age attend school, that teacher shall be of good moral character and patriotic disposition.

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The State and parental obligations -proper education (humanistic, vocational, moral, religious). -To supply the essential educational facilities w/c private initiate is unable to furnish.

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Duty of the State to encourage educational institutions. -the State should encourage rather than hinder the operation of private and parochial schools so long as these schools meet the secular educational requirements w/c the government has the authority to impose.

SEC. 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

Role of the youth in nation-building •

Today's youth, more knowledgeable and intelligent -compared to previous generations, today's younger citizenry are better educated and far more well-informed and articulate and politically conscious

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Duty of the State

- the constitutional duty of the State to promote and protect the well-being of the youth to develop physically, morally, spiritually, and socially in a wholesome and normal manner transform them into healthy, upright, intelligent and useful citizens and potential community leaders. •

Today's youth, tomorrow’s leaders - young people can become effective players in our collective effort to build a modern Philippines by harnessing their enterprising spirit and progressive idealism.

SEC. 14. The State recognizes the role of women in nation building, and shall ensure the fundamental equality before the law of women and men.

Role of women in nation-building •

Proven capabilities of Filipino women -Today, Filipino women have been involving themselves in worthy causes and activities of national concerns. They have always been ready to heed the countries call to service with two of them having steered the nations ship of state. They help shape a better future for all Filipinos. It can safely be said that the Philippines is well ahead of many other countries of the world in of leadership roles of Filipino women both at home and abroad

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Expansion of women's role -the traditional view that the role of women is primarily child-bearing and child-rearing should be abandoned. While the social role of women as mothers and household managers is recognized, the State should formulate strategies to expand women's participation in nonhouse-hold and productive activities and thus make them direct contributors to the country's economic growth.

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Equality with men before the law - it is the duty of the State to ensure that equality before the law in all aspects of national life by rectifying or ending all practices and systems that are disadvantageous to women or discriminate against them by reason merely of sex where it is not a relevant factor in making a distinction. -the State must promote and uphold the equality of men and women in employment, of employment, opportunities for promotion, the practice of profession, the acquisition, control and, disposition of their property, pursuit of business

Sec. 15

The State shall protect and promote the right to health and instill health consciousness among them.

Right of the people to health The state has the obligation to promote and protect the right of the people to health. To better fulfill this duty, it must instill health consciousness among the people .

Sec. 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with rhythm and harmony of nature.

Right of the people to a balanced and healthful ecology. ecology” -is that branch of science that deals with the study of interrelationships of living things and their environments. Causes of environmental degradations -rapid urbanization, industrial growth, population expansion, natural resources utilization, the use of modern technology and the other socio economic factors.

Effect on quality of life -The quality of life of the people cannot advance unless the living environment is nurtured and valuable natural resources are protected and preserved Relationship between development and environment -the improvement of the quality of our environment should occupy a higher place in the scheme of priorities of the government.

Sec. 17. the State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. Priority to education, science and arts, culture and sports

Sec. 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

Sec. 19 States the constitutional guidelines in the development of the economy: economic selfreliance, independent national economy

Sec. 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investment

Role of the private sector in the economy In recognition of the indispensable of the private sector as the main engine of economic development, the State is mandated to encourage private enterprise and to provide incentives to needed investments, whether local or foreign.

Sec. 21. The State shall promote comprehensive rural development and agrarian reform .

Comprehensive rural development and agrarian reform. “Comprehensive rural development “ covers all phases of rural development: economic, social, political, cultural, and industrial.

Sec. 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

Rights of indigenous cultural communities. Refers to those non-dominant groups in our country w/c possess and wish to preserve ethnic, religious, or linguistic traditions or characteristics markedly different from the rest of the population

Sec.23. The State shall encourage non-government, community-based, or sect oral organizations that promote welfare of the nation.

Non-governmental, community-based or sectoral organizations The State is required to encourage these organizations because recent events have shown that, under responsible leadership, the can be active contributors to the political, social, and economic growth of the country.

Sec. 24. The State recognizes the vital role of communication and information in nation building

Vital role of communication and information in nation-building Communication and information, as used above, include not only print or broadcast media but also motion pictures, advertising, cable, telephone and telegraph. Those means of communication designed to gather and convey news or information to the public are called mass media because they reach the mass of the people Formation of an enlightened citizenry… Promotion of efficiency and economy in government and business…. Development of society....

Sec. 25. The State shall ensure the autonomy of local governments

Sec. 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.

Equal access to opportunities for public service Limitations of of office Prohibition of political dynasties Prohibition constitutionally mandated

Sec. 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

Hones and integrity in public The perennial problem of graft and corruption -the above provision was incorporated in the Constitution because of revelations of “unprecedented magnitude” of graft and corruption allegedly perpetrated by officials in the highest circle of the government during a previous regime. Ways to attack problem

-what is needed is moral leadership by example on the part of the top officials in the government and a continuing, uncompromising , well-coordinated campaign against all forms of dishonesty and venality in the public service w/c have considerably slowed down the socioeconomic progress of our country