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ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES

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

The principles and policies as


enumerated in Article II encompass
the values and aspirations of the
Filipino people (Preamble).
They provide fundamental guidelines
which the government is committed to
observe in the conduct of public
affairs.
PRINCIPLES
➤ Congress
Enactment of laws
➤ Executive
Enforcement
➤ Courts
Determination of the validity of statutes
and executive acts.
PRINCIPLES
➤ democracy has been described as a
“government of the people, by the
people, and for the people.”
➤ The “people” must have some degree
of education or instruction. For indeed,
such a government run by ignorant,
uneducated people will simply not
work.
PRINCIPLES
The will of the people is expressed by way of (sovereignty
of the people expressed directly through suffrage):
election
plebiscite
initiative
referendum
recall and
through public opinion which they exert on those who
govern on their behalf, particularly the elective officials.
PRINCIPLES

Since we are a representative democracy,


the free and true expression of the
people’s sovereignty is of great
importance in determining popular
representation in the government.
PRINCIPLES
The principle of popular sovereignty has been one of
the most important checks on government power.
It upholds the right of the people to choose their own
rulers.
Democracy cannot do without elections which are also
the means by which the people are able to boot out
corrupt and incompetent elective officials.
But because the process is not perfect, elections still
yield officials who are unworthy of the people’s
mandate.
PRINCIPLES

Renunciation of war as an instrument


of national policy ( Sec. 2).
Under Article VI, Section 23(1) of the
Constitution, Congress with the
concurrence of two-thirds of all its
members, voting separately, may declare
the existence of a state of war.
PRINCIPLES

Military power is no longer a barometer of


who qualifies as the most powerful nation,
since wars are no longer a confrontation
between great armies of nation states.
Instead, wars today are small, intermittent
group battles between rival sectarian
forces, or between terrorists and military
and police units.
PRINCIPLES

Established institutions, dating back to


the end of World War II, are losing power
to rogue states and non-state terrorist
groups, who are responsible for weapons
proliferation, terrorist attacks, and the
spread of deadly diseases.
PRINCIPLES

Adherence to the Policy of peace, etc.,


with all nations.
➤ The UN and its Charter
➤ ASEAN
➤ AFP
➤ PNP
PRINCIPLES

Armed Forces of the Philippines,


protector of the people and the State.
➤ AFP
➤ PNP
PRINCIPLES
Insurgency problem
An insurgency war is not just about armed
warfare, but unconventional operations aimed
at capturing the hearts and minds of the people,
especially in the countryside.
It is actually a people’s war, and a protracted war
at that, and, therefore, not limited to sheer
superiority of armaments and territories under
control.
PRINCIPLES
Insurgency problem
It demands a strategy that encourages an
overwhelming majority of the civilian population
to support the anti-insurgency campaign.
Hence, the more citizens the AFP is able to
recruit and train as reservists forming the
unarmed component of the warfare, the better
for the government to finally put to an end to
armed dissidence in our country.
PRINCIPLES

Prime duty of the Government (Sec.


4).
➤ the first and foremost duty of the
Government is to serve and protect
the people.
PRINCIPLES
Prime duty of the Government(Sec. 4).
In both the 1935 and 1973 Constitutions, “the
defense of the State is the prime duty of
Government”.
This concept is considered anachronistic. It was taken
from the Constitution of the Spanish Republic.
“The Spanish republican government at least had no reason to
insist on its order of priority that the first responsibility of the
government and the people is to shoulder arms and defend the
State.”
PRINCIPLES
Prime duty of the Government (Sec. 4).
The lopsided view of the primary duty of the government
has its perils:
Mr. Marcos and many dictators, both in Spain and Spanish
territories, took villainous advantage of the declared
constitutional principle.
To justify their military regimes, Mr. Marcos and the
military juntas in South America invoked the constitutional
precept that the first duty of the government is to defend
the State and beef up the military.
PRINCIPLES
Military and civil service by the people (Sec.
4).
Pres. Decree No. 1706 (Aug. 8, 1980),
otherwise known as “The National Service
Law,” provides for compulsory “national
service” for all citizens of the Philippines
which, as used in the Decree, “shall consist of
three (3) main programs: civil welfare service,
law enforcement service, and military service.”
PRINCIPLES

Military and civil service by the people


(Sec. 4).
Each citizen shall render the service in
any of the programs or a combination
thereof and such service shall be credited
in his favor for the purpose of fulfilling
educational requirements established by
the law.
PRINCIPLES
Military and civil service by the people (Sec.
4).
In view of the widespread protests which have
been registered by various sectors, its
implementation was suspended by the
Memorandum Order No. 11 of the President at
all school levels effective school year
1986-1987, except the provisions on military
service.
PRINCIPLES

Maintenance of peace and


order, etc.(Sec. 5)
R.A. No. 9372 (March 6, 2007),
“The Human Security Act of
2007”.
PRINCIPLES
The separation of Church and State.(Sec. 6)
During the Spanish regime, not only was there no
separation of church and State, but the church arrogated
unto itself powers that properly belonged to the State.
The church tolerated, and to some extent, perpetuated
the abuses of the colonial regime.
The original rationale behind the separation was the
growing power of religious authorities who imposed
their doctrines and rules on their followers to the extent
of encroaching into the political or secular realm.
PRINCIPLES

The separation of Church and State.(Sec. 6)


In connection with the Day of Prayer for the
Nation held on September 21, 1999 initiated
by the Catholic Church, the Archbishop of
Manila issued a circular giving the main reasons
why the church has a mission in politics as follows:
First, because politics has a moral dimension.
Politics is a human activity.
Second, becuase the Gospel and the Kingdom of God call
the Church to political involvement. To proclaim the
gospel for all creation necessarily includes evangelizing the
political world;
Third, because the mission of the Church of integral
salvation involves the political sphere. Meaning, salvation
involves the total person, soul, and body, spritual and
temporal;
Fourth, because the salvation of the human person is from
personal and social sins. In the political field, social sins
unfortunately abound.
The CBCP Pastoral Exhortation
on Philippine Politics (1997).
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.
STATE POLICIES
Foreign policy of the Philippines (Sec. 7)
The framing of a foreign policy is shaped by how
interests are identified and determined at any given
moment. Philippine interests have varied in scope
and magnitude through the years because of our
changing concerns and partly because the world
has continued to shrink into an infinitely complex
web of interdependence and interconnectivity.
STATE POLICIES
Foreign policy of the Philippines (Sec. 7)
To be truly of service to the Filipinos, foreign policy
needs to advance the country’s interests and ultimately,
benefit the Filipino people. An informed citizenry will
thus realize why foreign policy and diplomacy have to be
involved in the war against the proliferation of nuclear
and other weapons of mass destruction; against
narcotics and other prohibited substances; against
terrorists, human traffickers, and smugglers; against
child labor and women exploitation; and other
transnational crimes.
STATE POLICIES

Foreign policy of the Philippines


(Sec. 7)
In a nutshell, we pursue a foreign
policy that will preserve and
enhance our national interests and
protect and promote the rights and
welfare of every citizen.
STATE POLICIES
Pursuit of an independent foreign policy. (Sec. 7)
President Emilio Aguinaldo approved Apolinario Mabini
as the Republic’s first Secretary of Foreign Affairs days
after the declaration of Philippine independence at Kawit,
Cavite on June 23, 1898. Mabini’s immediate task then
was to obtain international recognition of the legitimacy
of the government . It was only after the grant of
independence by the United States on July 4, 1946 that
the country regained full control of foreign affairs and
diplomatic matters.
STATE POLICIES
Pursuit of an independent foreign policy. (Sec. 7)
The domestic policy of our country after
becoming independent in 1946 was to
reconstruct the economy ravaged by World War
II for which the Philippines needed foreign aid
readily available from the U.S. As a result, the
foreign policy of the country was to align itself
with the U.S. on many international issues.
STATE POLICIES

Pursuit of an independent foreign policy. (Sec. 7)


During the late 1950’s, the world was
divided into two (2) great camps:
1. the democratic countries headed by the
US,
2. communist States headed by Union of
Soviet Socialist Republic (USSR) with
Russia the main component of the USSR.
STATE POLICIES

Pursuit of an independent foreign policy. (Sec. 7)


There was then, what was called the “cold
war” between the two (2) great powers which
was actually a struggle between them to win
the support and loyalties of the peoples of the
world. The Philippines was aligned with the
United States. The “cold war” ended with the
collapse of the USSR in 1989.
STATE POLICIES

Section 8
The Philippines, consistent with
the national interest, adopts and
pursues a policy of freedom from
nuclear weapons in its territory.
STATE POLICIES
Freedom from nuclear weapons policy (Sec. 8).
What is contemplated in the constitutional
proscription is the stockpiling or storage of nuclear
weapons or arms in the country.
It does not prohibit or encompass the momentary
presence of nuclear weapon vessels of another country,
more so when their presence and assistance is sought
for humanitarian reasons such as to help victims of
natural calamities in rescue and relief operations.
STATE POLICIES
Just and dynamic social order(Sec. 8).
The basic task of development is to fight poverty by
building prosperity for the greatest number of the
people.
The battle against poverty is not a matter of charity,
but an obligation of the government and all citizens,
especially the rich.
What we need is a strong political will and good governance to
achieve our development goals.
STATE POLICIES

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

Human dignity and human rights(Sec. 11).


If we accept the Christian doctrine that man
is created in the image and likeness of God,
then man is the noblest of all his creations,
endowed with a dignity that is divine. If
human life is a gift from our Creator, then it
is sacred and worthy of respect and
protection.
STATE POLICIES
Human dignity and human rights(Sec. 11).
Poverty is also a cause and a product of human rights
violations.
People who are poor and disadvantaged are
more likely the victims of discrimination and
injustices.
Poverty keeps people from fulfilling their basic
human rights and achieving their individual
potentials.
STATE POLICIES

Human dignity and


human rights(Sec. 11).
The “Human Rights
Victims Reparation and
Recognition Act of 2013.”
STATE POLICIES

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.
STATE POLICIES

Role of the youth in nation-


building (Sec. 13).
By the United Nation’s definition,
a youth is “a person between the
age of 15 and 24” although some
orgnaizations extend the age to 30.
STATE POLICIES

Role of the youth in nation-building


(Sec. 13).
Pres. Decree No. 603 (Dec. 9,1974),
known as the Child and Youth Welfare
Code, lists the rights and responsibilities
of children, and specifies the rights,
duties, and liabilities of the parents in the
rearing of their children.
STATE POLICIES

Role of the youth in nation-


building (Sec. 13).
The Local Government Code (R.A.
No. 7160) declares December 7-11
of every year as “Youth Week” to
highlight the critical role of the
youth plays in nation-building.
STATE POLICIES

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.
STATE POLICIES

The role of women in nation-building


(Sec. 14)
President Corazon C. Aquino, 1986-1992
(first female President) and Gloria
Macapagal-Arroyo, 2001-2010.
In the traditionally patriarchal region of
Asia, having two (2) women Presidents in
the post-war era is a rarity.
STATE POLICIES

The role of women in nation-building


(Sec. 14)
India only had Indira Gandhi, Israel had
Golda Meir, and Indonesia had Megawati
Sukarnoputri.
The United States, vaunted as the
strongest bastion of democracy, has never
had a woman President as of this writing.
STATE POLICIES
The role of women in nation-building (Sec. 14)
Expansion of women’s role - in pre-industrial
societies, domestic work was assigned to women
who were looked upon merely as men’s helpmates
and creative sources of human life. They were
considered the “weaker sex” and subordinates to
men. The discrimination against women still
prevails in most male-dominated societies,
especially in developing countries where women
are generally relegated to household tasks.
STATE POLICIES

The role of women in nation-building (Sec.


14)
Filipino women contribute greatly to human
development in the Philippines by the
quantity and quality of work they do at home.
Woman-power is such a huge, limitless pool
of intellectual resource that every nation
cannot afford to take for granted.
STATE POLICIES

The role of women in nation-


building (Sec. 14)
It is said that the hands that rock the
cradle could rule the world. “Through
motherhood, [the woman] contributes,
to the nation’s strength through the
basic unit, the family (Art. XV).
STATE POLICIES
The role of women in nation-building (Sec. 14)
Our National hero, Dr. Jose Rizal, had the
greatest regard for the women of the Philippines.
In his famous letter to the people of Malolos, he
spelled out his criteria of his ideal Filipina - “of
clean conduct, fair and just, firm in conviction,
inspiring men to pursue lofty ideas for God and
country, teaching her family to love their
fellowmen, their country and Almighty God.”
STATE POLICIES

The role of women in nation-building


(Sec. 14)
Equality with men before the law:
The Constitution means that except for their
physical differences, men cannot be considered, as
a general proposition, superior to women.
Women can go as far as their talents allow,
the same as men.
STATE POLICIES

The role of women in nation-


building (Sec. 14)
Equality with men before the law:
The growing dominance of women in
the workplace to some observers may
be partly because of how both genders
were - and are - being brought up.
STATE POLICIES

Section 22
The State recognizes and
promotes the rights of
indigenous cultural communities
within the framework of
national unity and development.
STATE POLICIES

Indigenous cultural communities


(Sec. 22).
According to the National Commission
on Indigenous Peoples (NCIP), there
are about 100 cultural groups with 11
million members in the Philippines
(Manila Bulletin, Oct. 29, 2007).
STATE POLICIES

Indigenous cultural communities (Sec. 22).


These IP’s are scattered throughout the
country from Batanes inhabited by Ivatan
tribes to Saranggani inhabited by Samals.
About half of the members of these tribal
groups belong to the Muslim group that
dominates the provinces of Cotabato, Lanao,
Sulu, Zamboanga, and Basilan.
STATE POLICIES

Indigenous cultural communities (Sec. 22).


In precolonial times, the inhabitants of the
Philippines were only “Nusantaos” or
inhabitants of the islands. They called each
other according to the location of their
settlements.
Along river banks - “Taga-Ilog,”
“Kapampangan,” “Subanon,” “Maranaws.”
STATE POLICIES

Indigenous cultural communities


(Sec. 22).
Along seacoasts - “Taga-Dagat,”
“Tausug,” “Pangasinenses.”
Upland - “Taga-Bundok,”
“Tinggian,” “Bukidnon,”
“Tagabanuas,” “T-boli.”
STATE POLICIES

Indigenous cultural communities


(Sec. 22).
Foreign rule marginalized many
indigenous people in the country
because they refused to be
subjugated for they preferred to live
free.
STATE POLICIES
Indigenous cultural communities (Sec. 22).
The foreign rulers called them “moros,” “pagans,”
“savages,” etc. to differentiate them from those
who accepted foreign rule. Spanish “divide and
rule” policy divided the “indios” into many
subgroups: “Cristianos” (Christians),
“Infidels” (Pagans), “Sumarrones” (savages),
“Remontados” (Mountain people), and
“Moros” (Moors).
STATE POLICIES
Indigenous cultural communities (Sec. 22).
American Occupation multiplied the identities
of the native inhabitants. Today, these
indigenous people are called “Lumads,” which
means “natives of the land,” and together with
the rest of the country’s inhabitants, are called
“Filipinos.”
Now, ethno-linguistic groups inhabit the
length and breath of the Philippines.
STATE POLICIES

Indigenous cultural communities (Sec. 22).


Indigenous people are distinct populations
with ways of life and cosmological insights
which are an invaluable treasure house for all
humanity. They are called “First peoples”
tribal peoples, or aboriginals because they
were living on their lands before settlers
came elsewhere.
STATE POLICIES
Indigenous cultural communities (Sec. 22).
Proclamation No. 486 and 1124 issued by
President Macapagal-Arroyo and Ramos,
respectively, declared October as “Indigenous
peoples’ Month” to highlight the significant
aspects of the material and non-material culture
of the indigenous people of the Philippines and
to remind us of the need to preserve and protect
our country’s indigenous people.
STATE POLICIES
Indigenous cultural communities (Sec. 22).
The Constitution recognizes the importance of indigenous
people in our national life. They add to the diversity and
richness of life in our country, whose culture the State
should protect, preserve, and enhance. We owe much of
our knowledge of our past to them. Their success in
preserving their old traditions, lores, beliefs, etc. reveal
the true identity and culture of the Filipino people
before the foreigners came to rule our country. They also
fought foreign domination during the centuries of our
people’s struggle for nationhood.
REFERENCE

Textbook on the
Philippine Constitution.
Hector M. De Leon.
Manila, Philippines: Rex
Book Store, 2014.

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