DECLARATION OF DECLARATION OF PRINCIPLES AND PRINCIPLES AND STATE POLICIESSTATE POLICIES

Article IIArticle II

Article II of the 1987 Constitution is

the embodiment of the state’s policies & principles. These policies & principles serve as a guide to the three branches of government in the exercise of their powers & the implementation of the Constitution.

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

A republican state is a state wherein all government authority emanates from the people and is exercised by representatives chosen by the people.

In view of the new Constitution the Philippines Is not only a representative or republican state but also share some aspects of direct democracy such as initiative and referendum.

The word democratic is also a monument to the February Revolution which re-won freedom through direct action of the people.

Manifestation of a Republican State1) The existence of a Bill of Rights

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

3) The observance of the principle that the legislature cannot pass irrepealable laws.

4) The observance of popular election through the rule of majority

5) The observance of the principle of separation of power and the system of checks and balances.

6) The observance of the law on public officers and offices.

Sovereignty of the people• Sovereignty is the supreme power to govern, it lies in the hands of the Filipino people who have the right to choose the type of government they want to define the powers it shall hold and exercise.

• It is their right to abolish their government and form a new one and organize it in such form as seems to them best for their welfare and happiness.

1) Sovereignty is exercised indirectly through public officials appointed by the elected by the people to govern the country & through other officials appointed by the elected officials.

2) Sovereignty is exercised directly through suffrage.

People’s participation in government1) The multi- party system

2) Party-list system

3) Sectoral representations

4) People’s organizations

5) System of initiative and referendum1) Initiative is the method provided by law whereby the voters of a local

government unit may directly enact or amend any ordinance.

2) Referendum is the method provided by law whereby the voters of a local government unit may approve, amend or reject an ordinance passed by a local legislative body submitted to them for the purpose.

3) Recall- voters of a local government may remove, for loss of confidence, elective local officials.

6) Plebiscite – people approve or reject proposed changes in the Constitution

Section 2The 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.

The Philippines is a friendly and peaceful nation. Therefore, it renounces war as an instrument of national policy.

The country however has the right, however, has the right to engage in war to defend its honor and integrity as a nation against any foreign enemy. Every country has the right to self- preservation.

Section 2 The Covenant of the defunct League of Nations as a general rule prohibited war.

The disputing states must first try to settle their dispute through pacific or peaceful means such as negotiation, judicial settlement, & consideration by the League Council before the disputants may resort to war.

International law is the body of laws governing nations in their dealings with one another.

In line with the objectives of the United Nations, the Philippines seeks only peace & friendship with the rest of the world.

It supports the right of all nations to equality, freedom, justice, & the policy of non- interference in the internal affairs of other countries & peaceful settlement of international disputes.

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.

A civilian, the President is the commander-chief of all armed forces of the Philippines, the army, the navy, the air force, & the marines.

Even the appointment of their high ranking officers is vested in the President.

This arrangement is considered an effective safeguard against the rise of military dictatorship

the AFP is just the protector of the land and the the AFP is just the protector of the land and the people and not a higher authority than the people people and not a higher authority than the people and its goal is to secure the sovereignty of the State and its goal is to secure the sovereignty of the State and the integrity of the national territory.and the integrity of the national territory.

But this does not mean that civilian officials are But this does not mean that civilian officials are superior to military officials.superior to military officials.

Civilian officials are superior to military officials only Civilian officials are superior to military officials only when a law makes them so.when a law makes them so.

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.

Section 4Section 4

the primary duty of the government is no longer to defend only the state but to serve and protect the people & protect their rights.

it emphasizes that the defense of the state can only be performed through AFP

it is a compulsory for the people to render personal or military service for the state especially on times of war.

The condition for rendering military or civil service must be observed in the following: For self- defense; The service is compulsory, not optional or voluntary It is a personal service rendered to the State & cannot be

substituted or altered by any other means but active duty; In lieu of military service; however, civil service involvement or

community participation, like NSTP, maybe required by the State; and

The service to be rendered must be consistent and conforming to the established command of the law articulated by appropriate agencies of the government.

Section 5The 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.

It is the duty of the State through its government to keep peace & order in society & protect the lives, rights & property of its members from violence committed by other members.

It does this by making laws & enforcing them so that we may live & work in peace & safety.

A very important purpose of gov,t. is to promote the general welfare or the common good. (services: educ. Healthcare, housing, public improvements- roads, parks, etc. & a host of other services w/c the gov’t. must provide to improve the lives of the people.

Only when order, security, & life worthy of human dignity are established & maintained, can the people truly enjoy the “blessings of democracy.” (see Preamble)

Section 6Section 6

The separation of Church and State shall be inviolable. Church- refers to all faiths. Church must not involve itself in purely political

or temporal matters involving religion & morals. The State cannot pass laws w/c give aid to one, some or all religions or

prefer one religion over the another; nor impose any tax to support any religious activities or religious sect.

It cannot set up an official state church. Neither can it compel a citizen to go to church nor punish him for his

religious beliefs. The Separation Principle is reinforced by:

Freedom of religious cause; Non-establishment of religious clause;Non-establishment of religious clause; No religious test clause; No religious test clause; No sectoral representative from religious sector;No sectoral representative from religious sector; Prohibition against appropriation for sectarian benefits; andProhibition against appropriation for sectarian benefits; and Religious denominations and sects cannot be registered as political parties.Religious denominations and sects cannot be registered as political parties.

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 self-determination.

Foreign policy- policy w/c lays down the course of action a State shall take in its dealings w / other States.

An independent foreign policy means that national policy means that national sovereignty, territorial integrity, national interest, & the right to self- determination shall be the primary of the Philippines in its relations w/ other States.

It is the policy that is made by the Filipinos themselves, & not imposed or dictated by another government.

. Section 8

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

forbids making, storing, manufacture or testing of forbids making, storing, manufacture or testing of nuclear weapons as well as the use of our nuclear weapons as well as the use of our territory as dumping site for radioactive wastes territory as dumping site for radioactive wastes within our territorywithin our territory

allows the use of nuclear for medicine, agriculture, allows the use of nuclear for medicine, agriculture, and other useful beneficial purposesand other useful beneficial purposes

Section 9The 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.

The State shall promote a just and dynamic social order or, according to the Preamble, “build a just & humane society.” this is accomplished through policies that:

1. Provide sufficient social services ( in the field of health, education, housing, etc.

2. Promote full employment, a rising standard of living, & an improved quality of life for all.

Such a society must ensure the prosperity and independence of the nation for many of our needs.

It must reasonably solve the age- old problem of poverty of our people, a great majority of whom are still “ill- housed, ill clad & ill- nourished” w/out having to depend on other States for assistance.

Section 10

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

state must give preferential attention state must give preferential attention to the welfare of the less fortunate.to the welfare of the less fortunate.

Section 11The State values the dignity of every

human person and guarantees full respect for human rights.

every individual enjoys certain rights which every individual enjoys certain rights which cannot be modified or taken away by the cannot be modified or taken away by the lawmaking bodylawmaking body

These rights are recognizes & respected because These rights are recognizes & respected because of the belief in the dignity & worth of every human of the belief in the dignity & worth of every human person & that people can only lead happy lives person & that people can only lead happy lives when they employ human rights.when they employ human rights.

Section 12The 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 national 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 of the Government.

Strengthening the family as a basic autonomous social institution Strengthening the family as a basic autonomous social institution mandates the state to recognize the sacredness of the family life and mandates the state to recognize the sacredness of the family life and

look for ways to strengthen itlook for ways to strengthen it The government may not interfere in matters involving the family nor The government may not interfere in matters involving the family nor

pass laws w/c may in any way, weaken it as a social unit.pass laws w/c may in any way, weaken it as a social unit.

Right to life of the mother & the unborn from conceptionRight to life of the mother & the unborn from conception

Human life is commonly believed to begin from the moment of Human life is commonly believed to begin from the moment of conception when the egg cell & sperm cell join together in a process conception when the egg cell & sperm cell join together in a process called “fertilization”. From this moment, the unborn child possesses called “fertilization”. From this moment, the unborn child possesses certain human rights, such as the right to life, w/c the State is under a certain human rights, such as the right to life, w/c the State is under a duty to protect.duty to protect.

thus, abortion can never be allowed by law in the Philippines. thus, abortion can never be allowed by law in the Philippines. But when the life of the mother, w/c the State is also bound to protect, But when the life of the mother, w/c the State is also bound to protect, is endangered, the life of an unborn child may be sacrificed. This is is endangered, the life of an unborn child may be sacrificed. This is not considered abortion.not considered abortion.

  

Section 13The 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.

respects the role of the youth in nation buildingrespects the role of the youth in nation building provision reduces the voting age from 21-18provision reduces the voting age from 21-18 shall inculcate in the youth patriotism and nationalism shall inculcate in the youth patriotism and nationalism and encourage their active involvement and and encourage their active involvement and participation in public and civic affairsparticipation in public and civic affairs

Rearing of the youth for civic efficiency & development of moral character

The Philippines is a country of very young people. With a median age at 16, 60% of its population are below 20 years of age. Thus, the youth easily constitute the biggest sector in the Philippines today. In order to ensure the future of the nation, proper education & training must be given to the youth. Since the youth of today will eventually become the leaders of the nation, the duty to prepare them for their responsibilities in the future does not rest only in the parents but on the State as well.

This does not mean , however that the children are the property of the State & that the State can the can interfere w/ their parents in their upbringing. It means only that the gov’t. has the duty, in cooperation w/ the parents & the school, to make sure that the youth are provided w/ proper education they need w/c includes not only the acquisition of skills but also the dev’t. of sound moral values for productive & responsible citizenship.

Section 14The State recognizes the role of women in nation-building,

and shall ensure the fundamental equality before the law of women and men.

While men & women are not equal in all respects, the State must see to it that their fundamental equality is upheld by law, such as in opportunities for employment, the practice of professions, pursuit of business, & the like. Women make up about one half of the population & it is only right that their voice be heard on matters affecting their welfare & that of the country as a whole.

Simple justice that women be given legitimate share with men in Simple justice that women be given legitimate share with men in leadership at all levels and in all spheres of human activity leadership at all levels and in all spheres of human activity outside their homesoutside their homes

Section 15The State shall protect and promote

the right to health of the people and instill health consciousness among them.

to better fulfillment of duty the to better fulfillment of duty the government must instill consciousness in government must instill consciousness in health to the people health to the people

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.

the need for environmental protection program the need for environmental protection program to prevent further injury or damage to plant and to prevent further injury or damage to plant and animal life and propertyanimal life and property

to improve the quality of life of all modernization to improve the quality of life of all modernization should not lead to nature's deteriorationshould not lead to nature's deterioration

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.

Section 18The State affirms labor as a primary

social economic force. It shall protect the rights of workers and promote their welfare.

labor as the primary social end economic labor as the primary social end economic

force of the state it is given proper force of the state it is given proper protection through rights of workers which protection through rights of workers which is broadly discussed in article 13is broadly discussed in article 13

Section 19. The State shall develop a self-reliant

and independent national economy effectively controlled by Filipinos.

states the guidelines in the development states the guidelines in the development of the economy; economic self-reliance, of the economy; economic self-reliance, independent national economy, and independent national economy, and effective Filipino control of the economyeffective Filipino control of the economy

. Sector 20The State recognizes the indispensable role

of the private sector, encourages private enterprise, and provides incentives to needed investments.

Role of the private sector in the economyThe Constitution recognizes the importance of the

private sector in the development of the national economy. For this reason, the State is commanded to encourage private enterprise & to give incentives to investors, local or foreign, who may want to do business in our country.

The Constitution does not favor an economy where the State directly competes w/ private business. The business of government is governance & not money- making. It should not engage in business activity w/c can be or are competently & efficiently undertaken by the private sector.

Section 21The State shall promote comprehensive rural

development and agrarian reform. covers all phases of rural development-economic, social, political, covers all phases of rural development-economic, social, political,

cultural and industrialcultural and industrial

Section 22Section 22The State recognizes and promotes the rights of

indigenous cultural communities within the framework of national unity and development.

this rights wishes to preserve ethnic, religious, or linguistic this rights wishes to preserve ethnic, religious, or linguistic traditions or characteristics markedly different from the rest of the traditions or characteristics markedly different from the rest of the populationpopulation

Section 23The State shall encourage non-

governmental, community- based, or sector organizations that promote the welfare of the nation.

the state as it encourages community based the state as it encourages community based or sector organizations  should refrain from or sector organizations  should refrain from an actuation that would tend to interfere or an actuation that would tend to interfere or subvert the rights of these organizationssubvert the rights of these organizations

Section 24The State recognizes the vital role of

communication and information in nation-building. Communication & information here refer to mass media. Means of communication such as motion pictures,

television, radio, newspapers, magazines, etc. are called mass media because they are able to reach the mass of people. They play a very important role in nation- building for through them the people are enlightened on certain public issues. They can also serve as useful tools to promote unity among the Filipinos despite differences in cultural backgrounds & customs.

The state recognizes the rights of the media as an The state recognizes the rights of the media as an effective instrument in promoting national integration and effective instrument in promoting national integration and preserving Filipino values and traditionpreserving Filipino values and tradition

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

Section 26The 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 serviceThis policy does not allow the existence of political dynasties or

the practice of keeping political power w/in the control of selected families. It emphasizes the duty of the gov’t. to uphold democratic election & appointments to positions in the gov’t. based solely on merit & fitness. Less influential & poor but deserving individuals must be given a chance to run for public office or be appointed to resposible positions in the gov’t.

Section 27The State shall maintain honesty and

integrity in the public service and take positive and effective measures against graft and corruption.

Honesty and Integrity in public service

Every new administration in the Philippines promises to eradicate graft and corruption. But recent events, particularly those which led to the peaceful “people power” revolution in 1986, have shown that efforts towards removing this social evil have not only failed but the malady has grown more rampant and harder to stop.

Section 27Section 27 of the Constitution seeks to minimize,

if not completely eliminate, graft and corruption in government. What is needed is for public officials to lead by moral example. They must live up to the trust given them by the people by always seeing to it that they do not engage In any "under the table” transactions. Honesty and integrity in the public service will strengthen the faith of the people in their government and make available much needed funds for the development of our country and the improvement of the lives of our people.

Section 28Subject to reasonable conditions prescribed by

law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

Full disclosure by the State of all its transaction

Section 7 of the Bill of Rights guarantees the people’s right to know any transaction entered into by the government which involves matters of public concern. Sections 28, on the other hand, demands that the State disclose information regarding transactions without the people demanding such.

Section 28

The policy covers matters involving public interest especially those concerning the utilization of public funds and property. It does not, however, cover confidential matters, public knowledge of which may endanger the security of the State.