ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

PRINCIPLES

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

SECTION 1

The Philippines, a democratic and republican state

A republican government is a democratic government by representatives chosen by the people at large.

The essence therefore, of a republican state is indirect rule.

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The Philippines, a democratic and republican state

It embodies some features of a pure or direct democracy such as initiative, referendum, and recall.

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1)

Manifestations of a democratic and republican state

2)
3)

4)

5)

The existence of a bill of right; The observance of the rule of majority; The observance of the principle that ours is a government of laws, and not of men; The presence of election through popular will; The observance of the principle of separation of powers and the system of checks and balances;

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6)

Manifestations of a democratic and republican state

7)

8)

The observance of the principle that the legislation cannot pass irrepealable laws; The observance of the law on public officers; The observance of the principle that the State cannot be sued without its consent.

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Manifestations of a democratic and republican state

Sovereignty implies the supreme authority to govern, thus the Filipino people, being sovereign people have the right to constitute their own government, to change it, and define its jurisdiction and powers. 1) Exercised indirectly through public officials. 2) Exercised directly through suffrage.

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Right of the people to revolt

Section 1 above impliedly recognizes that the people, as the ultimate judges of their destiny, can resort to revolution as a matter of right. A provision in the Constitution, however, expressly recognizing the peoples right to revolt against an oppressive or tyrannical government is not necessary and proper

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Section 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.

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Case Analysis

With the conflict in the claim of Spratleys intensifying, China decided to launch an all out attack to the Philippines. Can the Philippines engage in war?

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Renunciation of war as an instrument of national policy

The declaration refers only to the renunciation by the Philippines of aggressive war, not a war in defense of her national honor and integrity. Thus, when provoked and attacked the Philippines can retaliate and engage into war.

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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

SECTION 2
Adoption of the generally accepted principles of international law as part of our law

The doctrine of incorporation is the automatic adoption of international law as part of the law of the Philippines.

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Adherence to the policy of peace, etc., with all nations

The Philippines seeks only peace and friendship with her neighbors and all countries of the world, regardless of race, creed, ideology, and political system, on the basis of mutual trust, respect, and cooperation.

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Section 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.

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Supremacy of civilian authority over the military

1)

Inherent in a republican system A safeguard against military dictatorship

2)

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Section 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.

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Prime duty of the Government

the foremost duty of the government is to serve and protect the people. The government exist for the people and not the people for the government.

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Defense of the State by the people against foreign aggression

the government may call upon the people to defend the State. For self-preservation and to defend its territorial honor and integrity, the Philippines can engage in a defensive war.
The defense of the State is one of the duties of a citizen.

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Military and civil service by the people

1)

2) 3) 4)

Defense of the State performed through an army Compulsory Personal By law

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Meaning of civil service

The term refers to any service for the defense of the State other than as soldiers, like as workers in munition factories.

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

SECTION 5
Maintenance of peace and order, etc.

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 blessings of independence and democracy.

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

SECTION 6
Principle of separation of the church and State

The principle simply means that the Church is not to interfere in purely political matters or temporal aspects of mans life and the State, in purely matters of religion and morals, which are the exclusive concerns of the other.

SECTION 6

Meaning of establishment of religion clause.

1)
2)

3)

The State shall have no official religion; The State cannot set up a church, whether or not supported with funds; nor aid one religion, aid all religions, or prefer one religion over another; Every person is free to profess belief or disbelief in any religion;

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Meaning of establishment of religion clause.

4)

5)

Every religious minister is free to practice his calling; and The State cannot punish a person for entertaining or professing religious beliefs or disbeliefs.

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No hostility towards religion

1)

2)

Preamble The command that Church and State be separate is not to be interpreted to mean hostility to religion. Other provisions/laws
a)

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

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No hostility towards religion

b)

c)

The use of public money or property is not prohibited when a priest, preacher, minister, or dignitary as such is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium; Optional religious instruction in public elementary and high school is by constitutional mandate allowed;

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No hostility towards religion

d)

e)

Thursday and Friday of Holy Week, Christmas Day and Sundays are made legal holidays because of the idea that their observance is conducive to beneficial moral results; and The law punishes polygamy and bigamy, and certain crimes against worship are considered crimes against the fundamental laws of the State.

STATE POLICIES

Section 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 selfdetermination.

SECTION 7
Foreign Policy of the Philippines

Foreign policy is a set of guideline followed by a government of a country in order to promote its national interest through the conduct of its relations with other countries.

SECTION 7
Foreign Policy of the Philippines

1)

Formulation and conduct of foreign policy. The president formulates our foreign policy principally with the help of the Department of Foreign Affairs
An instrument of domestic policy. Foreign policy is but a reflection and an instrument of domestic policy, the former being dictated by the latter. They are not only mutually consistent but complementary.

2)

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Foreign Policy of the Philippines
3)

Pursuit of an independent foreign policy.

a)

An independent foreign policy means one that is not subordinate or subject to nor dependent upon the support of another government. An independent foreign policy, however, it is not one that completely rejects advice or assistance from without.

a)

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Foreign Policy of the Philippines

In general , our basic foreign policy objective is to establish friendly relations with all countries of the world regardless of race, religion, ideology and social system and to promote as much beneficial relationship with them particularly in economic and trade activities.

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Foreign Policy of the Philippines

4)

Paramount consideration. In its relations with other states, the paramount consideration of the Philippines shall be national sovereignty, territorial integrity, national interest, and the right to selfdetermination.

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

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Section 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.

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Just and dynamic social order

1)

Policies necessary to be pursued adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

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Just and dynamic social order

2)

Solving the problem of mass poverty The goal is to reduce that political and economic power of privileged few by equalizing widely differing standards and opportunities for advancement and raise the masses of our people from a life of misery and deprivation to a qualitative life worthy of human dignity and respect.

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Social justice

Section 10. The State shall promote social justice in all phases of national development.

In the fulfillment of this duty, the State must give preferential attention to the welfare of the less fortunate members of the community, those who have less in life

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

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Human dignity and human rights

the individual enjoy certain rights which cannot be modified or taken away by the lawmaking body.

These rights are protected or guaranteed because of the belief in the inherent dignity and basic moral worth of every human person

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Human dignity and human rights

..the human person is the end of every social organization The value accorded to human dignity is measured by the extent of respect for human rights, principally the rights to life, liberty , and property.

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Section 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 support

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Section 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.

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Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.

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

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Section 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.

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Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. Section 19. The State shall develop a selfreliant and independent national economy effectively controlled by Filipinos.

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

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

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

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Section 23. The State shall encourage non-governmental, community-based,or sectoral organizations that promote the welfare of the nation.

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

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

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

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

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Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.