ARTICLE IIDECLARATION OF PRINCIPLES AND STATE POLICIES

Article 2:

Declaration of

Principles and

State Policies

contains 28 sections divided into two parts.

The first part: Enumerates the principles of the State such as the

democratic and republican nature of the Philippine State; the supremacy of civilian

authority over the military; the people's duty to defend the State; separation of

Church and State; and renunciation of war as an instrument of national policy. The second part:

stipulates the State policies such as the promotion of an

independent foreign policy; recognition of the youth's and

women's role in nation-building; promotion of a comprehensive

rural development and agrarian reform; and the promotion of

social justice.

The political creed of the nation.

Lays down the fundamental principles and policies the

government in their policy-determining functions.

These rests with the executive and legislative departments,

and the electorate cannot demand their enforcement

through the courts. The remedy is political.

But indirectly, some of these principles may guide the courts

in determining the validity of statutes or executive acts in

justiciable cases.

STATE PRINCIP

LES

Section 1

The Philippines, a DEMOCRATIC and REPUBLICAN State.Sovereignty resides in the people.All Government Authority Emanates from the people.

• Representative democracy – “democracy”, we mean a government where people either directly or indirectly elect their ruler for a fix period of time.

• Republican government – the powers of government are exercised by public officials chosen in periodic elections by the electoral body,

• Their chosen representatives govern the people.

Manifestation of a Republican State

Existence of Bill of Rights . Rights of individual covering political , civil, social , cultural & economic rights as enumerated in Article 3

Observance of the principle that ours is government of laws not of men. No one is above the law , and every one is subject to it.

The observance that legislature cannot pass irrepealable laws. Laws are subject to change inasmuch as they seek to address the growing needs of the constituencies.

The observance of popular election through the rule of majority.

a. majority decision rules over minority,b. declare the existence of war, 2/3 majority votes from the congress

The observance of the principle of separation of power and the system of checks & balances

a. to avoid abuses and dominanceb. each branch performs a function,

independent of each other.c. to secure coordination in the various

workings of the government d. it designed to secure action & at the

same time forestall overaction which results from undue concentration of powers, thereby obtain efficiency and prevent despotism.

The observance of the law on public officers & offices.

a. rules on accountability & trust among public officials & employees.

b. can be impeached – President, VP, members of the Supreme Court, Ombudsman, Commissioners of the CONCOM, & under PD 1606 the presiding & associate justice of Sandiganbayan.

c. Grounds for impeachment – bribery , high crime , graft & corruption , culpable violation of the constitution & betrayal of public trust,

d. government employees who abuse their roles as civil servants are likewise held accountable as provided by law, administrative offenses are serious & penalizing.

The observance of the principle that the state cannot be sued without its consent. Except for

a. Implied consent – government enters business contract & violates some proprietary agreement (jus gestionis), the state can be sued

b. Expressed consent - Article 1280 Civil Code – ‘ the state is responsible in like manner when it acts through a special agent …Article 2189 – “ provinces , cities & municipalities shall be liable for damages for the death of or injuries suffered by any person by reason of the defective conditions of roads , street ; bridges , public buildings , and other public works under their control or supervision.”

Section 2• Renunciation of War as an

instrument of national policy

• DOCTRINE OF INCORPORATION -

Adaptation of the generally accepted principles of

International law as part of our law.

• Adherence to the POLICY OF PEACE with all nation.

Peace as framework of national policy is nevertheless absolute. The state can declare war under the circumstances of self-preservation and territorial integrity.

Though the constitution denounces offensive war, it nevertheless anticipates imminent threat or hostilities under the doctrine of “clear and present danger” rule.

Section 3

• Supremacy of civilian authority over the military.

• Armed Forces of the Philippines, protector of the people and State.

–The mandate exemplifies the value of respect to the sovereign people as the source of all powers in the state.

–Deployment of Military Personnel

Section 4Prime duty of the Government: SERVE and PROTECT the PEOPLE• Defending the State: Personal, Military

and civil service.

– The condition of rendering military or civil service must be observed in the ff:• For self-defense• Service is compulsory, not optional or

voluntary• Cannot be substituted by any other

means, but active duty• Civil service involvement or community

participation may be required by the state

• Service rendered must be consistent and conforming to the established command of law

Section 5

BLESSINGS OF DEMOCRACY: Maintenance of Peace and Order, Protection of Life, Liberty and Property and Promotion of the General Welfare

Maintenance of Peace and Order–The government shall maintain peace

and order as contemplated under the Constitution.

–The Philippines is envisioned to be a peaceful, free, nationalistic, just, and humane society, where everyone is enjoined to observe under any given circumstances.

Section 6INVIOLABILITY on the SEPARATION of Church and State

Freedom of Religion

Freedom From Religion

Freedom to Believe

Freedom to Act on One’s Belief

• The government shall not favor any religion, support them using public funds ,or even establish or set up a church.

• The Church should not get involved in political issues or matters.

ESTABLISHMENT OF RELIGION CLAUSE• The State shall have no official religion.• The State cannot set up a church.• Everyone has the freedom to profess their

belief or disbelief in any religion.

STATE POLICIE

S

Section 7The 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• Basic direction underlying the conduct by

a State of its affairs vis-a vis those of other States.

• It is a set of guidelines followed by a government of a country.

1. Formulation and conduct of foreign policy

The president is the chief architect of Philippine foreign policy.2. An instrument of

domestic foreign policy3. Pursuit in an independent foreign policy4. Basic Foreign policy objective5. Paramount consideration

Section 8The Philippines, consistent with the

national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

Freedom from Nuclear Weapons• It is a prohibition from:

MakingStoringManufacturing Dumping

Of nuclear weapons, devices, or parts thereof in our country.

Exceptions• The use of nuclear for:

MedicineAgricultureAnd other beneficial purposes

• If the national interest so requires The storing of nuclear weapons in our territory

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.

Just and Dynamic Social Order

• This is accomplished through policies that:

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

Promote full employment.

A rising standard of living.

Improve quality of life for all.

SECTION 10The State shall promote

social justice in all phases of national development. The State must give

preferential attention to the welfare of the less fortunate members of the community• the poor

• Uneducated• Underprivileged• disabled

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

Human Rights• Belief in inherent dignity of every human

person basis of human right A human person is a being not a thing.• In a democratic state, the individual enjoys

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

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 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 of the Government.

Right of human life of the unborn from conception and of the mother

• Once conceived, a child has the right to be born and the right to live.

• Mandates the protection of the unborn from the possibility of abortion being legalized.

• The State should also protect the health of the mother

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

• A duty of both parents and government

Proper education and good upbringing of the children can help to the welfare of the society and the common good. The government should share the responsibility of the parents to train their children to be worthy citizens by supporting and encouraging them in order to prepare them for the future.

• Right of State to interfere with education of the children

The parents and the government have the duty in giving adequate education to the children

• Power of State to regulate all schools

The State has the power to require the age children of proper age to attend school, the teachers shall be of a good moral character and teach the children certain points to good citizenship.

• The State and parental obligations

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.

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.

Role of women in nation building

• Our women have proven their capabilities in different fields in business, professions, arts, education and in public service even internationally.

• In the past and even today, women involve themselves in worthy causes or activities involving national concerns

• The State should formulate strategies to expand women’s participation in non-household and productive activities, and make them as the direct contributors to the country’s economic growth.

• It is the duty of the State to ensure 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.

SECTION 15The State shall protect

and promote the right to health of the people and instill health consciousness among them. Health• is the state physical, social and mental well-being

rather than merely than merely the absence of physical diseases

These constitution gives the right to the people to health DOH Health Center

SECTION 16The 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.

Right to Balanced and Healthful Ecology

• The need for a program to address the ecological problems of:PollutionWaste disposalForest denudationFlood drought Dying river bedsDestruction of

waterwaysProtect human life

Right to Balanced and Healthful Ecology

• The need for a program to address the ecological problems of:PollutionWaste disposalForest denudationFlood drought Dying river bedsDestruction of waterwaysProtect human life

• The States prioritizes the following through their different programs like the:

DepEd DOST PSC

SECTION 18 The State affirms labor as

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

Human labor is not only treated as land, tools, or machinery. It mandates the State to provide living wage and full participation to workers in decision-making processes which affect their rights and benefits.

SECTION 19

The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

• States the constitutional guidelines in the development of the economy:

Economic self-reliance Independent national economyAnd effective Filipino control of the

economy

SECTION 20

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

Role of private sectors in the economy

• The Constitution does not favor an economy where the State directly competes with private business.

• The business of government is governance and NOT money-making.

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

• Covers all phases of rural development:

EconomicSocialPoliticalCulturalIndustrial

SECTION 22The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. • Recognizes the existence and

the rights of the indigenous cultural communities.

• Directs the State to promote the rights of indigenous cultural communities by considering their customs, traditions, beliefs, and interests.

• Implementing state policies with full respect to their culture, dignity, uniqueness and human rights.

SECTION 23The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.• The state is required to encourage these

organizations because recent events have shown that, under responsible leadership, they can be active contributors to the political, social, and economic growth of the country – promote the welfare of the nation.

SECTION 24The State recognizes the

vital role of communication and

information in nation-building.

• Means of communications such as:Motion picturesTelevisionRadioNewspapersMagazines

Nation-Building• The people are

enlightened on certain public issues.

• They can also serve as useful tools to promote unity among the Filipinos.

SECTION 25

The State shall ensure the autonomy of local governments.

• Local affairs can best be regulated by the people in the locality.

SECTION 26The State shall

guarantee equal access to opportunities for public service, and

prohibit political dynasties as may be

defined by law.

• This does not allow the existence of political dynasties or the practice of keeping political power within the control of select families.

• Emphasizes the duty of the government to uphold democratic elections and appointments.

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

Undermines the quality of life for people especially in poor qualities.

• The constitution seeks to minimize and find completely to eliminate graft and corruption, a way to attack problem.

SECTION 28The Subject to reasonable

conditions prescribed by law, the State adopts and

implements a policy of full public disclosure of all its

transactions involving public interests.

• Section 7 of the Bill of Rights Guarantees the people’s right to

know any transaction entered into by the government. Limited to things which involves

public concerns .• The policy covers matters

involving public interest especially those concerning the utilization of public funds and property.