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- 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.
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
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 —
SEC . 21 . THE ST A TE SHALL PROMOTE COMPREHENSIVE control over local governments, it recognized the legislature's power of
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
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.
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.
- 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.
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 Preamble, bears witness to the fact that the Constitution is the
manifestation of the sovereign will of the Filipino people.
- 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.