Lunes, Oktubre 5, 2015

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES (EXPLANATION)

PRINCIPLES

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.

The Philippines, a democratic and republican state. It embodies some features of a pure or direct
democracy such as initiative, referendum, and recall.

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.Manifestations of a democratic and republican state.

Manifestations of a democratic and republican state. 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.

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.Exercised indirectly through public officials.Exercised directly through suffrage.Manifestations of
a democratic and republican state

Section1 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
people’s right to revolt against an oppressive or tyrannical government is not necessary and proper Right
of the people to revolt.

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.

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?

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.Renunciation of war as an instrument of national policy

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

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.

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

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.

Supremacy of civilian authority over the military inherent in a republican system safeguard against
military dictatorship

.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 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.Prime duty of the Government

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.
Section 4

Defense of the State performed through an army Compulsory Personal By law Military and civil service
by the people.

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

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.

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.Maintenance of peace and order, etc.

Section 6.

The separation of Church and State shall be inviolable.

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 man’s life and the State, in purely matters of
religion and morals, which are the exclusive concerns of the other.

The State shall have no official religionThe 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.Meaning of “establishment of religion clause.

Every religious minister is free to practice his calling;The State cannot punish a person for entertaining or
professing religious beliefs or disbeliefs.Meaning of “establishment of religion clause.”

Preamble – The command that Church and State be separate is not to be interpreted to mean hostility to
religion.Other provisions/lawsOur Constitution and laws exempt from taxation, properties devoted
exclusively to religious purposes;No hostility towards religion

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.No hostility towards religion

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; andThe law punishes polygamy and
bigamy, and certain crimes against worship are considered crimes against the fundamental laws of the
State.No hostility towards religion

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 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.Foreign Policy of the
Philippines

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.Foreign Policy of the Philippines

Pursuit of an independent foreign policy.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.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.Foreign Policy of the Philippines

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 self-
determination.Foreign Policy of the Philippines.

Section 8.

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

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

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

Section 11

. The State values the dignity of every human person and guarantees full respect for 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<br />Human dignity and human rights..the human person is the end of every social
organization…<br />The value accorded to human dignity is measured by the extent of respect for
human rights, principally the rights to life, liberty , and property Human dignity and human rights

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 of the Government.

.
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.

Filipino women are noted to have low participation at all levels. The Civil Service Commission reported
that few women candidates - who ran for public office - succeeded in securing public posts. In 2004, the
average proportion of women in key elected posts was no more than 17%. The dismal performance of
women in the 2004 elections registered a sharp drop after an increasing trend beginning 1995.

Section 15.

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

The state shall oblige its self to promote and protect the right of the people to health by instilling
health consciousness among 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 state shall promote and protect the rights of the people about a balanced and healthful
environment.
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.

The state shall provide education to all citizens to have a general and broader understanding about
knowledge.

Section 18.

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

In this provision, the state protects the rights of each and every workers.

Section 19

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

It states that the constitutional guidelines in the development of the economy: economic self-
reliance,independent national economy, and 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.

The state is mandated to encourage private enterprise and to provide incentives to needed
investments,whether local or foreign

Section 21.

The State shall promote comprehensive rural development and agrarian reform.
The state must develop rural and agrarian reform for the benefits of the country

Section 22.

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

The provision also directs the State to promote their rights within the framework of national
unity and development

Section 23.

The State shall encourage non-governmental, community-based,orsectoral 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

Section 24.

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

The state must keep abreast of communication innovations but at the same time be selective and
discriminating to insure that only those ³suitable to the needs and aspirations of the nation´ areadapted

Section 25.

The State shall ensure the autonomy of local governments.

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

Section 26.
The 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

Section 27.

The 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 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.

The Subject to reasonable conditions prescribed by law, the State adopts and implements a policy
of full public disclosure of all its transactions involvingpublic 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 .