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SEC. 2. The PH renounces war as an instrument of nat’l constitutional machinery such as an act of Parliament.

policy, adopts the accepted principles of int’l law as part of


the law of the land and adheres to the policy of peace, -> This follows what is called the doctrine of transformation.
equality, justice, freedom, cooperation, and amity with all -Another theory is the doctrine of incorporation.
nations.
->The second part of Section 2 accepts the doctrine of
incorporation. This provision makes the Philippines one of
1. Renunciation of war.
the states which make a specific declaration that
- There are three parts to Section 2:
international law has the force also of domestic law."
1. renunciation of war;
-International law therefore can be used by Philippine
2. adoption of the principles of international law;
courts to settle domestic disputes in much the same way
3. adherence to a policy of peace, freedom, and amity with
that they would use the Civil Code or the Penal Code and
all nations.
other laws passed by Congress.
-The inspiration of this provision was Kellog-Briand Pact of
What elements of international law become part of
Aug 27 1928.
Philippine law by incorporation through Article II, Section 2?
- The Pact renounced wars of aggression.
-Since treaties become part of Philippine law only by
- this is all that the Constitution renounces, for the power to
ratification -- the principle of incorporation applies only to
wage a defensive war is of the very essence of sovereignty.
customary law and to treaties which have become part of
- the Constitution makes defense of the state a duty of
customary law.
government and of the people and gives to Congress 
 the
-A problem, however, which the provision posses is the
power to declare a state of war.
problem of determining what these generally accepted
-the provision is a political gesture of no significance and a
principles of international law are which the Philippines
pompous declaration that impresses no one.
accepts.--Ultimately, in the absence of the guiding direction
-By stating that the Philippines "renounces" war as an
of treaties or statutes, the process of selecting what these
instrument of national policy -- the implication is that at one
accepted principles are will have to be done by the courts.
time war was part of Philippine policy.
-although the Philippines is not a signatory to the Hague
-As a member of the United Nations the Philippines does
Convention and became a signatory to the Geneva
not merely renounce war, which is a limited concept which
Convention only in 1947, the Court held that a Philippine
does not include some forms of force.
Military Commission had jurisdiction over war crimes
-As a signatory to the United Nations Charter
committed in violation of the two conventions prior to 1947
"All Members shall refrain in their international relations
3. Adherence to policy of peace, freedom, amity.
from the threat or use of force against the territorial integrity
-In the national interest and of international peace and
or political independence of any state, or in any other
cooperation, the Philippines may extend recognition,
manner inconsistent with the Purposes of the United
exchange diplomatic relations and establish consular, trade,
Nations. “
and cultural relations with other nations irrespective of
2. Incorporation of international law.
ideology.
-Implicit in this provision is the acceptance of the dualist
-the decision whether to establish or not to establish such
view of legal systems -- namely that domestic law is distinct
relations remains, as in the 1935 Constitution, a policy
from international law.
question addressed to the discretion of the political
-since dualism holds that international law and municipal
departments
law belong to different spheres, international law becomes
-While the 1987 text preserves the 1973 counterpart, the
part of municipal law only if it is incorporated into municipal
1986 Commission read into the word "amity" the concept
law.
"love" found in the Preamble.
-What the second part of Section 2 does is to make
international law part of the law of the land.
-International law can become part of municipal law only if it
is transformed into domestic law through the appropriate
SEC. 3 . Civilian auth. is, at all times, supreme over the military. The 1. Compulsory military and civil service; protection of people and State.
armed forces of the PH is the protector of the people and the state. Its -In the light of the recent experience with the Marcos regime which
goal if to secure the sovereignty of the state and the integrity of the
placed inordinate emphasis on national security -- it was
nat’l territory.
understandable that the Commission should opt for a provision more
1. Civilian supremacy.
people-centered than national security-centered.
- Article VII, Section 10(2) which made the President, a civilian and as
- National defense is placed merely as one of the modes of serving
civilian, Commander-in-Chief.
and protecting the people.
- Civilian supremacy came as a legacy of the American conquerors.
- The volunteer system is not suitable for a poor country which cannot
- “As politics gets into the army, the army gets into politics.”
afford to pay the army well enough to attract well qualified, able-bodied
- when the Filipinos drafted the 1973 Constitution it was thought
young men to the service.
necessary, just to emphasize the point, to make the principle
- the volunteer system is undemocratic, because the cannon fodder,
supremacy of civilian authority.
with very few exceptions, consists of proletarians.
2. Role of the armed forces.
-The right of the state to exact compulsory military service of its
- "The purpose of a military establishment is to secure
citizens, as against the contention that such an exaction would violate
the sovereignty of the people
the prohibition of involuntary servitude found in the Thirteenth
and the integrity of the national territory
Amendment, was definitively established in 1918.
and 
 to serve the general welfare."
- The National Defense Law, in so far as it establishes compulsory
- The phrase "protector of the people" was not meant to be an
military service, does not go against this constitutional provision but is,
assertion of the political role of the military.
on the contrary, in faithful compliance therewith.
- The intent of the phrase "protector of the people" was rather to make
- The duty of the Government to defend the State cannot be per-
it act as corrective to military abuses experienced during martial rule.
formed except through an army.
Does this mean, however, that the military has no political role?
-without violating the Constitution; a person may be compelled by
- It does not mean that because the political role is found in the
force, if need be, against his will, against his pecuniary interests, and
following sentence. "Its goal is to secure the sovereignty of the State
even against his religious or political convictions, to take his place in
and the integrity of the national territory."
the ranks of the army of his country, and risk the chance of being shot
- thus, there are two thoughts in the constitutional provision:
down in its defense.
1. disapproval of military abuses and guardianship of state sovereignty,
- this is not deprivation of property without due process of law,
which of course means sovereignty of the people.
because, in its just sense, there is no right of property to an office or
2. The military exercise of political power can be justified as a last
employment.
resort — when civilian authority has lost its legitimacy.
-The 1973 provision altered the 1935 version and declared national
- one cannot escape the conclusion that the armed forces can be a
defense to be a prime duty not just of the government but also of the
legitimate instrument for the overthrow of a civilian government that
people.
has ceased to be a servant of the people.
- a long standing tyranny can be legitimately overthrown.
SEC . 5. The maintenance of peace and order, the protection of life,
- Civilian supremacy, not a guaranteed supremacy of civilian officers liberty, and proeprty, and the promotion of the general welfare are
who are in power but of supremacy of the sovereign people. essential for the enjoyment by all the people of the blessings of
- The Armed Forces, in this sense, "is the protector of the people and democracy.
the State." 1. Peace and order, general welfare
- the notion that peace and order must be promoted at all cost and
SEC. 4. The prime duty of the govt is to serve and protect the people. even at the expense of justice and could encourage the use of military
the govt may call upon the people to defend the state and, in the solutions to what could normally be treated as social, economic and
fulfillment thereof, all citizens may be reqrd, under conditions provided
political problems.
by law, to render personal military or civil service.
SEC. 6. The separation of the church and the state shale be 1. Social Justice in the 1935 Constitution.
inviolable.
1. Separation of Church and State. -"the right to contract about one's affairs is a part of the liberty of the
individual guaranteed by this [due process] clause ...'"
This provision is discussed under the non-establishment clause bill of
Rights. - the "equality of right" principle:
SEC. 7. The state shall pursue and independent foreign policy. In "In all such particulars the employer and the employee have equality of
its relations with other states the paramount consideration shall right, and any legislation that disturbs that equality is an arbitrary
be a national sovereignty, territorial integrity, national interest, interference with the liberty of contract, which no government can
and the right to self-determination. legally justify in a free land.
1. An independent foreign policy. - Police power:
- The word “relations” covers the whole range of treaties and intl is an expanding power; but it "cannot grow faster than the fundamental
agreement and other kinds of intercourse. law of the state.
- Only American military bases could ever be allowed the dominant If the people desire to have the police power extended and applied to
majority refused to accept the explicitation of the gen principle that “no conditions and things prohibited by the organic law, they must first
foreign military bases, troops or facilities shall be allowed in the PH amend that law."
territory.
-"The promotion of social justice to insure the well-being and economic
SEC. 8. The PH, consistent with the nat’l interest, adopts and security of all the people should be the concern of the State."
pursues a policy of freedom from nuclear weapons in its
territories.
- the interest of the working man was sufficiently protected by police
1. A policy of freedom from nuclear weapons. power as superior to the contract clause.
The provision, as it stands now, raises two questions. First, what are
banned by the provision? Second, how absolute is the ban? 2. Social justice in the 1973 Constitution.

- Clearly, the ban is only on nuclear arms — that is, the use and - under the 1973 Constitution, where the President was both executive
stockpiling of nuclear weapons, devices, and parts thereof. and legislator, the response to the social justice command came
- not only possessing, controlling and manufacturing nuclear weapons, principally from the President.
but also nuclear tests in our territory, as well as the use of our territory - PD No. 27 of October 21,1972, which sought to emancipate the
as dumping ground for radioactive wastes." tenants from the bondage of the soil, while antedating implementation
- the ban suggests that, in our relations of the constitutional command by a few months, was the most dramatic
attempt at an executive-legislative response.
with other states, there must be a mechanism for the verification of the
existence or non-existence of nuclear arms. - Court resisted efforts to stretch the social justice provision to clearly
- existence or non-existence of nuclear arms. This will therefore affect illegal lengths. Categorically, it was held that the social justice
the terms of any renewal the country might agree to of existing military
bases agreements with the United States. provision did not legalize usurpation of private or public property by

- provision must be read as a mandate to the Philippine government to squatters" or otherwise "to trample on the rights of property owners
insist that the pursuit of a policy on nuclear weapons is a controlling
who under our Constitution and laws 
 are entitled to protection
guideline if there should be any new negotiation with the United States
on the subject of military bases.
 3. Social justice under the 1987 Constitution.
- the provision is not a ban on the peaceful uses of nuclear energy
 . - The former Constitutions focused their attention on economic
Nor is it a ban on all “nuclear-capable vessels”
inequities
- for a vessel to be banned, it is not enough that it is capable of
carrying nuclear arms; it must actually carry nuclear arms. - the new Constitution covers all phases of national development but

- the provision might suggest absolute ban but accdg to commissioner with emphasis not just on the socio-economic but also on political and
Azcuna, it was never the intention. cultural inequities
- it can be justified only on the basis or on the crucible of the national SEC. 11. The state values the dignity of every human person and
interest.
guarantees full respect for human rights.
SEC . 9. The state shall promote a just and dynamic social order
1. Personal dignity and human rights.
that will ensure the prosperity and independence of the nation
and free the people from poverty through policies that provide The concretization of this provision is found principally in the Bill of
adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all. Rights and in the human rights provisions of Article XIII.

1. Social order.

- It reflects a preoccupation with poverty as resulting from structures


that mire the people in a life of dependence. - Hence the provision is
closely linked with the provision on social justice which follows. SEC 12. The state recognizes the sanctity of family lute and shall
protect and strengthen the family as a basic autonomous social
SEC. 10. The state shall promote social justice in all phases of institution. It shall equally protect the life of the mother and the
national development.
life of the unborn from conception. The natural and primary right
and duty of parents in the rearing of the youth for civic efficiency schools or through state regulation of private institutions of learning.
and the development of moral character shall receive the support
- duty of parents, as heads of the family, in preparing their children for
of the government.
a socially useful and upright life.
1. The family as basic social institution
- 1987 provision has added the adjective "primary" to modify the right
- it merely adopted Article 216 of the Civil Code (1950) which said:
of parents.
"The family is a basic social institution which public policy cherishes
- It imports the assertion that the right of parents is superior to that of
and protects."
the state.
- The continuing constitutional policy is for the protection of the family
- in Pierce vs Society of Sisters which invalidated a law requiring
as a basic social institution. Thus, in annulment cases, any doubt
children up to a certain age to go to public schools only, the SC said:
should be resolved in favor of the validity of a marriage.

“the child is not the mere creature of the state; those who nurture him
- The family here is to be understood as a stable heterosexual
and direct his destiny have the right, coupled with the high duty, to
relationship whether formalized by civilly recognized marriage or not.
recognize and prepare him for additional obligations”
- Calling the family a "basic" social institution is an assertion that the
family is anterior to the state and is not a creature of the state.
-This provision also highlights the inherent duty of the state to act as
- The categorization of the family as "autonomous" is meant to protect
parens patriae and to protect the right of persons and individuals who
the family against instrumentalization by the state.
because of age or inherent incapacity are in an unfavorable position
 .
2. Protection of the unborn.
- Court has adverted to the duty of the state to aid schools in the
- It does not say that the unborn is a legal person; nor does it deny,
development of moral character.
however, that the state under certain conditions might 
 regard the
- while the authority of the school is generally confined within the
unborn as a person.
school cam- pus, schools may take disciplinary action
- It does not assert that the life of the unborn is placed on exactly the
(1) in respect to violations of school policies in connection with school
same level as the life of the mother. It recognizes that, when necessary
sponsored activities or
to save the life of the mother, it may be necessary and legitimate to
(2) where the misconduct affects the student's status or the good name
sacrifice the life of the unborn. necessary and legitimate to sacrifice the
or reputation of the school.
life of the unborn.
- it denies that the life of the unborn may be sacrificed merely to save SEC. 13 . The state recognizes the vital role of the youth in nation
the mother from emotional suffering or to spare the child from a life of building and shall promote and protect their physical, moral,
poverty. spiritual, intellectual, and social well-being. It shall inculcate in
- intended primarily to prevent the state from adopting the doctrine in the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs.
the United States SC which liberalized abortion laws up to the sixth
1. Vital role of the Youth
month of pregnancy by allowing abortion at the discretion of the mother
Section 1. The State recognizes the vital role of the youth in the
any time during the first six months when it can be done without
development and defense of society. To enable them to fulfill this role,
danger to the mother.
the State shall:
- The unborn's entitlement to protection begins "from conception," that
(1) Provide for their health, education, training, social welfare,
is, from the moment of conception.
employment opportunity and community support;
- The intention is to protect life from its beginning, and the assumption
(2) Extend social protection to minors against all forms of neglect,
is that human life begins at conception and that conception takes place
cruelty, exploitation, immorality, and practices which may foster racial,
at fertilization.
religious, or other forms of discrimination
- Incidentally, too, the respect for life manifested by the provision
(3) Recognize and strengthen the family as a basic social institution
harmonizes with the abolition of the death penalty and the ban on
and aid legitimate associations and youth service organizations in the
nuclear arms
preparation of youth for civic involvement.
3. Natural right and duty of parents.
Section 2. The State may call upon the youth between fifteen and
- Modern society recognizes the indispensable role which the modern
twenty-three to render service to the nation in development and
state has to play in the field of education.
welfare programs of the government or in government-assisted
- This role is performed by the state either through state established
projects with such incentives and under such conditions as may be "promote full employment and equality in employment,
determined by law. ensure equal work opportunities regardless of sex, race, or creed,"
Section 3. Congress shall create a National Youth Commission to - assure the rights of workers to self-organization, collective
coordinate the planning and implementation of government programs bargaining, security of tenure, and just and humane conditions of
concerned with child and youth development. work."

SEC. 14 . THE STATE RECOGNIZES THE ROLE OF WOMEN IN - the stability of the economy does not depend on the employer alone,
NATION-BUILDING, AND SHALL ENSURE THE FUNDAMENTAL
but on government economic policies concerning productivity in all
EQUALITY BEFORE THE LAW OF WOMEN AND MEN.
areas
1. Equality of women and men.
-The preservation of the lives of the citizens is a basic duty of the
- This provision is new. Beyond stating that women do have a role in
State, more vital than the preservation of the profits of the corporation.
nation-building, the provision makes the more important assertion that
- There is nothing in the Constitution that expressly guarantees the
there exists a fundamental equality of women and men before the law.
viability of business enterprises much less assuring them of profits.
- no intent to advocate absolute sameness bcos of biological diff

Did the provision prohibit the nationalization of labor?


SEC. 15 . THE STATE SHALL PROTECT AND PROMOTE THE
- Under the 1935 Constitution, citizenship was a valid basis of
RIGHT TO HEALTH OF THE PEOPLE AND INSTILL HEALTH
CONSCIOUSNESS AMONG THEM. classification for purposes of employment opportunity.

1. The right to health. - If "race" means citizenship, then citizenship can no longer be a valid

- This is discussed under Article XIII, Sections 11 to 13, as an aspect basis for discrimination in employment opportunities and benefits —

of social justice. unless the provision is to be understood as a one-edged sword which


protects only Filipinos.
SEC. 16 . THE STATE SHALL PROTECT AND ADVANCE THE - suffice it here to say that Article II, Sec 18 in affirming labor as a
RIGHT OF THE PEOPLE TO A BALANCED AND HEALTHFUL "primary" social economic force, proclaims the primacy of the human
ECOLOGY IN ACCORD WITH THE RHYTHM AND HARMONY OF factor over the non-human factors of production.
NATURE.
-It is really an assertion of the supremacy of human dignity over things
1. Right to a balanced and healthful ecology.
- In the process of production, labor is always a primary and efficient
- growing concern about the preservation of a healthy environment.
cost, while capital remains a mere instrumental cost.
- The discussions manifested a clear desire to make environmental
- every person sharing in the production process is the real efficient
protection and ecological balance conscious objects of police power.
subject.
- "the correlative duty to refrain from impairing the environment.

- In our present system, capital is sometimes given more weight than
labor.
SEC. 17 . THE STATE SHALL GIVE PRIORITY TO EDUCATION,
- in actual consideration, it seems that labor takes the last place in the
SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS
TO FOSTER PATRIOTISM AND NATIONALISM, ACCELERATE consideration and computation of the things that must

SOCIAL PROGRESS, AND PROMOTE TOTAL HUMAN be increase


LIBERATION AND DEVELOPMENT.
1. Education, science and technology, arts, culture and sports.
- It sees education and total human development as the gateway not
only to intellectual and moral development but also to economic
advancement and the cultivation of the yearning for freedom and
justice.
SEC. 18 . THE STATE AFFIRMS LABOR AS A PRIMARY SOCIAL
ECONOMIC FORCE. IT SHALL PROTECT THE RIGHTS OF SEC. 19 . THE STATE SHALL DEVELOP A SELF-RELIANT AND
WORKERS AND PROMOTE THEIR WELFARE. INDEPENDENT NATIONAL ECONOMY EFFECTIVEL Y
1. Labor. CONTROLLED BY FILIPINOS.
- state should:
SEC. 20 . THE STATE RECOGNIZES THE INDISPENSABLE ROLE Commission refused to impose "a social responsibility" on media on
OF THE PRIV ATE SECTOR, ENCOURAGES PRIV ATE
the reasoning that imposing such duty will open the door for the state
ENTERPRISE, AND PROVIDES INCENTIVES TO NEEDED
to require media to follow a certain line.
INVESTMENTS.

SEC. 2 5 . THE STATE SHALL ENSURE THE AUTONOMY OF


1. Nationalist economy and private initiative.
LOCAL GOVERNMENTS.
- sec 19&20 represent two of the pillars of the economic policy of the
1. Local autonomy.
Constitution.
- Under the 1935 Constitution, local governments were purely
- The 1st commands an independent and nationalist approach to
creatures of the legislature.
economic development.
- Their creation and the extent of their powers in relation to the national
- The 2nd affirms that the private sector is an indispensable engine of
government were at the discretion of the legislature.
development.
- while the 1935 Constitution denied to the President the power of

SEC . 21 . THE ST A TE SHALL PROMOTE COMPREHENSIVE control over local governments, it recognized the legislature's power of

RURAL DEVELOPMENT AND AGRARIAN REFORM. control over the same.

1. Comprehensive rural and agrarian policy. - Section 13 which mandates the promotion of local autonomy is

- Rural development is not just agricultural development but implicit in Section 2, when it seeks continuous involvement of every

-- rather it encompasses a broad spectrum of social, economic, citizen in public affairs.

human, cultural, political and even industrial development. - widest participation of the citizenry in government is best manifested
in the smallest government unit.
SEC. 22 . THE STATE RECOGNIZES AND PROMOTES THE
RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES WITHIN THE - the following salient criteria for autonomy:
FRAMEWORK OF NATIONAL UNITY AND DEVELOPMENT.
(1) autonomy should be compatible with national goals;
(2) autonomy should ensure widest participation and initiative to the
1. The welfare of indigenous cultural communities
local government unit;
- among its objectives the "banning and rectifying of erroneous
(3) autonomy should assure the development of self-reliant
allusions to ethnic minorities in books, museums, other institutions and
communities. In this regard, there is a recognition given the barrio as
records of government

the existing, smallest social unit; that is to say, the development of the
barrio as a self-reliant community must be fostered by local autonomy.
SEC. 23 . THE STATE SHALL ENCOURAGE NON-
-The barrio is not recognized here as the basic political or
GOVERNMENTAL, COMMUNITY-BASED, OR SECTORAL
ORGANIZATIONS THAT PROMOTE THE WELFARE OF THE administrative unit.
NATION. - the smallest existing social unit is the barrio.

1. Community-based private organizations.


- the provision recognizes the principle that volunteerism and
participation of non-governmental organizations in national
development should be encouraged.

SEC. 2 4 . THE STATE RECOGNIZES THE VITAL ROLE OF SEC. 26 . THE STATE SHALL GUARANTEE EQUAL ACCESS TO
COMMUNICATION AND INFORMATION IN NATION-BUILDING. OPPORTUNITIES FOR PUBLIC SERVICE, AND PROHIBIT
1. Communications. POLITICAL DYNASTIES AS MAY BE DEFINED BY LAW.

- significant about this provision is that the 1986 Constitutional


1. Political dynasties.
- thrust of this provision is to impose on the state the obligation of
guaranteeing equal access to public office.
- Although the provision speaks in terms of service, it is meant to be a
blow in the direction of democratizing political power.
- we widen the opportunities of competent, young and promising poor
candidates to occupy important positions in the government.
- The establishment of political dynasties is an effective way of
monopolizing and perpetuating power.
-the state is commanded to prohibit political dynasties. But the
argument that the electorate should be left free to decide whom to
choose is not without validity.

SEC. 27 . THE STATE SHALL MAINTAIN HONESTY AND


INTEGRITY IN THE PUBLIC SERVICE AND TAKE POSITIVE AND
EFFECTIVE MEASURES AGAINST GRAFT AND CORRUPTION

SEC. 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

1. Honesty and integrity in public service.


- Section 27 is a constitutional confession of the prevalence of graft
and corruption.
- The policy of full public dis- closure enunciated in Section 28
complements the right of access to information on matters of public
concern found in the Bill of Rights.
- The right to information guarantees the right of the people to demand
information; this provision recognizes the duty of officialdom to give
information even if nobody demands.
- this provision is not self-executory.
- The very first Committee Report to come out for deliberation by the
1986 Constitutional Commission was a draft of a preamble

- A compromise was reached when it was agreed that the Preamble


would still be subject to modifications after the formulation of the body
of the document.

- a constitution essentially consists of an enumeration of fundamental


values and goals and of devices for achieving and protecting these
goals.

- An enumeration of the values and goals, therefore, albeit tentative,


could be a useful aid for future deliberations.

- The change from "general welfare" to "common good" was intended


to project the idea of a social order that enables every citizen to attain
his or her fullest development economically, politically, culturally and
spiritually.

- “general welfare" meaning "the greatest good for the greatest


number"

- It was thought that the phrase "common good" would guarantee that
mob rule would not prevail and that the majority would not persecute
the minority.

- the phrase "Almighty God" was chosen as being more personal than
"Divine Providence" and therefore more consonant with Filipino
religiosity.

- Another change made by the body was the insertion of the phrase "a
just and humane society". The phrase added the notion that a
constitution not merely sets up a government but is also an instrument
for building the larger society of which government is merely a part.

- 1973 Preamble had added "equality" to reflect the mounting wave of


PREAMBLE protests against basic social inequalities which even at the time of the

WE , THE SOVEREIGN FILIPINO PEOPLE, IMPLORING THE AID 1971 Constitutional Convention plagued Philippine society.
OF ALMIGHTY GOD, IN ORDER TO BUILD A JUST AND HUMANE
- The introduction of the word "love" probably makes the Philippines
SOCIETY AND ESTABLISH A GOVERNMENT THAT SHALL
the only nation to enshrine the word in its Constitution. It serves as a
EMBODY OUR IDEALS AND ASPIRATIONS, PROMOTE THE
COMMON GOOD, CONSERVE AND DEVELOP OUR PATRIMONY, monument to the love that prevented bloodshed in the February
AND SECURE TO OURSELVES AND OUR POSTERITY THE Revolution of 1986.
BLESSINGS OF INDEPENDENCE AND DEMOCRACY UNDER THE
- The insertion of "truth" is a protest against the deception that
RULE OF LAW AND A REGIME OF TRUTH, JUSTICE, FREEDOM,
LOVE, EQUALITY AND PEACE, DO ORDAIN AND PROMULGATE characterized the Marcos regime.

THIS CONSTITUTION.
- The enumeration captures a stream in Catholic thought which sees

1. Deliberations on the Committee Report. peace as the fruit of the convergence of truth, justice, freedom, and
love.
- Third person approach
2. Purpose and effect of the Preamble.
- Constitutionally, however, a Preamble is not a source of power or
right for any department of government.

- But because it sets down the origin, scope, and purpose of the
Constitution, it is useful as an aid in ascertaining the meaning of
ambiguous provisions in the body of the Consti.

- the true meaning of separation of church and state in Philippine


jurisprudence, had occasion to allude to the invocation of the "aid of
Divine Providence" found in the 1935 Preamble.

- The Preamble, bears witness to the fact that the Constitution is the
manifestation of the sovereign will of the Filipino people.

- The identification of the Filipino people as the author of the


constitution also calls attention to an important principle:
that the document is not just the work of representatives of the people
but of the people themselves who put their mark of approval by
ratifying it in a plebiscite .

- The 1935 text had also stated "to secure to themselves and their
posterity the blessings of independence." The text thus suggested that
independence was still merely an aspiration (as indeed it was then)
and not yet a possession of the Filipino people.

- the Preamble now, as also the 1973 Preamble, speaks of the


"blessings of democracy" and calls the Filipino people "sovereign."
-

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