the 1987 philippine constitution: article ii

Declaration of Declaration of Principles and State Principles and State

PoliciesPolicies

OverviewOverview What What principles principles underlie underlie state state

policypolicy in the Philippines? in the Philippines?

What is the What is the contentcontent of of Article Article IIII of the of the 1987 Philippine 1987 Philippine ConstitutionConstitution??

How should How should Article IIArticle II of the of the Constitution be Constitution be understoodunderstood??

Article IIArticle IIComposed of Composed of 28 sections28 sectionsSections Sections 1 through 61 through 6 discuss discuss state principlesstate principles

Sections Sections 7 through 28 7 through 28 outline outline state policiesstate policies

PRINCIPLESPRINCIPLES

State PrinciplesState Principles Republican democracyRepublican democracy

Democracy = periodic elections, Democracy = periodic elections, etc.etc.

Republicanism = rule through Republicanism = rule through elected representativeselected representatives

Overriding principle: Overriding principle:

““Sovereignty resides in the Sovereignty resides in the peoplepeople.”.”

State PrinciplesState Principles Renunciation of war and Renunciation of war and

commitment to international lawcommitment to international lawPhilippines cannot declare war on Philippines cannot declare war on

another country (offensive)another country (offensive)The country can only declare an The country can only declare an

existing state of war (defensive)existing state of war (defensive) International law forms part of the International law forms part of the

country’s own lawscountry’s own laws

State PrinciplesState Principles Supremacy of civilian authoritySupremacy of civilian authority

Civilian authority takes precedence Civilian authority takes precedence over military authorityover military authority

The President is the Commander in The President is the Commander in Chief of the Armed ForcesChief of the Armed Forces

The Armed Forces exist to protect The Armed Forces exist to protect the people and the statethe people and the state

State PrinciplesState Principles The prime duty of government The prime duty of government

is to serve and protect the is to serve and protect the peoplepeople

Separation of Church and StateSeparation of Church and StateThe government cannot establish, The government cannot establish,

endorse or favor any religionendorse or favor any religionThis separation shall be inviolableThis separation shall be inviolable

POLICIESPOLICIES

State PoliciesState Policies Pursuit of an independent foreign Pursuit of an independent foreign

policypolicy Recognition of local government Recognition of local government

autonomyautonomy Equal access to public serviceEqual access to public service Guarantee for human rightsGuarantee for human rights Non-absolute ban on nuclear Non-absolute ban on nuclear

weapons in the national territoryweapons in the national territory

State PoliciesState Policies Preference for private-sector led Preference for private-sector led

economic developmenteconomic developmentPrinciple of subsidiarityPrinciple of subsidiarity

Safeguarding of labor rightsSafeguarding of labor rights Rural development and agrarian Rural development and agrarian

reformreform Commitment to social justiceCommitment to social justice

““Preferential option for the poor”Preferential option for the poor”

State PoliciesState Policies Respect for the sanctity of the Respect for the sanctity of the

family, protection of the unborn family, protection of the unborn and support for youth and support for youth development development Prohibition on divorceProhibition on divorceProhibition on abortionProhibition on abortion

Safeguarding of the rights of Safeguarding of the rights of indigenous communitiesindigenous communities

State PoliciesState Policies Dedication to maintaining the Dedication to maintaining the

integrity of the public serviceintegrity of the public serviceTaking measures against graft Taking measures against graft

and corruptionand corruption Freedom of informationFreedom of information

Full public disclosure of Full public disclosure of government transactions government transactions involving the public interestinvolving the public interest

State PoliciesState Policies Prohibition of political dynastiesProhibition of political dynasties

To ensure equal access to public To ensure equal access to public serviceservice

As defined by lawAs defined by law

Encourage the development of Encourage the development of civil societycivil society

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