DECLARATION OF PRINCIPLES

AND STATE POLICIES

Article II of 1987 Philippine Constitution
Section 1

The Philippines is a democratic and

republican State. Sovereignty resides
on the people and all government
authority emanates from them.
A democratic and republican state
As a
republican The people of the Philippines
government, elect for their representative

Its officers from the highest to

the lowest are servants of the
people and not their masters
A democratic and republican state

Section 1 adds the word

democratic

While essentially a republican democratic, some

features of a pure of direct democracy such as

Referendum, Recall (Art VII,

Initiative and Sec. 32; Art X,
Sec 3)
Manifestation of a democratic and
republican state
The existence of bill of rights
Rule of majority
Ours is a government of laws and not of men
Election through popular will
Separation of powers and the system of checks
and balances
The legislature cannot pass irrepealable laws
Observance of the law on public officers
State cannot be sued without its consent
How sovereignty is exercise by the
people?
1. Exercised indirectly through public
officials
Sovereignty (i.e., making laws, enforcing
the same, and deciding cases involving
life, liberty, and property) is exercised
through duly elected and appointed
officials who, as public servants, are
accountable to the people.
How sovereignty is exercise by the
people?

Exercised directly through suffrage

The popular will is best expressed when electoral

processes are free, clean, and honest, on the basis of

Universal suffrage and Through secret vote

Right to revolt

Art. II Section 1 impliedly recognizes

the right of the people, as the
ultimate judges of their destiny, can
resort to revolution as matter of right
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.
Renunciation of war as an instrument of
national policy
All members of UN are bounded to
refrain in their international relations
from the threat or use of force against
territorial integrity or political
independence of a state. x x x
Philippines renounces aggressive war but
can engage of her national honor and
integrity (right to self-preservation)
Renunciation of war as an instrument of
national policy
Under Art VI, Sec 23 (1), Congress
with the concurrence of two-thirds of
all its member, voting separately,
may declare the existence of a state
war
International law as part of our law

International law
Refers to the body of rules and
principles which governs the relations of
nations and their respective people in
their intercourse with one another
International law as part of our law

Its limitations:
1. When international usage to be
applied
Are given effect by our courts in the
absence of any treaty, executive
order, legislative act, or judicial
decision
International law as part of our law

2. A treaty has a force of a statute

3. Constitution prevails over a treaty
Should a conflict arise between the
Constitution and the treaty, the former
prevails
Adherence to the policy of peace, etc.,
with all nations
It shows a positive attitude on the part
of the Philippines toward the observance
of the principles of the United Nations
Charter and to universally accepted
principles of international law
The Philippines is not duty bound to
extend diplomatic recognition to all
antions
Section 3

Civilian authority is, at all times,

supreme over 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 national territory.
Supremacy of civilian authority over
military
1. Inherent in a republican system
Should always be observed even at
times of martial law or suspension of
the writ of habeas corpus
2. Safeguard against military
dictatorship
President is the commander-in-chief
of all armed forces of the Philippines
AFP, the protector of the people and
the state
Fearsome image acquired during
martial rule
During the martial rule, AFP became a
highly politicized army.
Contributed to the failure of the
government to contain the growing
insurgency problem
AFP, the protector of the people and
the state
Constitutional mandates
Section 3 clearly defines AFPs function
Under Art. XVI, Sec.5, the Constitution
insures professionalism in the armed forces
and insulates it from partisan politics
Support of the people
AFP should win the hearts and minds of
the people
Section 4

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
maybe required by law, to render
personal military or civil service.
Posse Comitatus

Referred at Common Law to all males

over the age of fifteen on whom a
sheriff could call for assistance in
preventing any type of civil disorder.
Prime duty of the government

To serve and protect the people

The government exists for the people
and not the people for the
government
The State fulfills this prime duty by
pursuing and implementing the State
Policies (Art. II Sec 7-28)
Defense of the State by the people
against foreign aggression
The government may call upon the
people to defend the State, which is one
of the duties of a citizen
People may also include aliens since
they are likewise subject to regulations
adopted by the government for the
defense of the State
Military and civil service by the people

1. Defense of the State performed

through an army
Should the number of the army is
insufficient, it is excusable to enlist the
citizens
2. Compulsory the citizens may be
compelled to render personal
military, or civil service
Military and civil service by the people

3. Civil service refers to any service for

the defense of the State other than as
soldiers, like as workers in munition
factories
4. Personal One cannot render the service
required to through another
5. By Law Emphasizes the primordial
responsibility of the government to serve
and protect the people even when they
are called upon to defend the State
Section 5

The maintenance of peace and order,

the protection of life, liberty, and
property, and the promotion of the
general welfare are essential for the
enjoyment by all people of the
blessings of democracy.
Doctrine of Parens Patriae

A doctrine that grants the inherent

power and authority of the state to
protect persons who are legally
unable to act on their own behalf.
Maintenance of peace and order, etc.

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
Section 6.

The separation of Church and State

shall be inviolable.
THE MEANING OF SEPARATION OF
CHURCH AND STATE

Proper relationship: Cooperation, not conflict,

Church & State serve the same people in the
country.
Areas of concern

CHURCH - Purely STATE - Purely

matters of Political Matters
Religion & Morals or Temporal
Aspects

People as
Embodied Soul
Constitutional Provisions
No law shall be made respecting an
establishment of religion (art.III, section 5)
No public money or property shall ever be
appropriated, applied, paid, or employed,
directly or indirectly, for the use, benefit, or
support of any sect, church, domination,
sectarian institution or system of religion
(art. VI, section 29[2]).
Meaning of Establishment of Religion

The state shall have no official religion

The state cannot set up a church,
whether or not supported with public
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

Every religious minister is free to practice his

calling, and
State cannot punish a person for entertaining or
professing religious beliefs or disbeliefs
Exemption from taxation devoted exclusively

to religious purposes (Art.VI)

Meaning of Establishment of Religion

Use of public money or property not

prohibited when priest, preacher, or
dignitary is assigned to armed forces or any
penal or govt orphanages or leprosarium
(art. Vi)

Thursday & Friday of holy week, Christmas

day & Sundays are made legal holidays
their observance conducive to beneficial
moral results
Meaning of Establishment of Religion

Law punishes polygamy & bigamy &

certain crimes against religious worship
are considered crimes against the
fundamental laws of the state.
Polygamy: having 2 or more wives
Bigamy: having 2 existing rgistered
marriages
ANALYZE THE CONSTITUTIONALITY OF
THE FOLLOWING CASES:

1.The president signed into law a

proposed law or bill building a new
Shrine in EDSA in honor of the People
Power 2
2. A UP professor who does not believe in
God or an atheist refused to attend the
baccalaureate mass and was suspended
from his teaching job upon orders of the
UP President.
 President Arroyo donated 5 million
pesos to Brother Mike Arroyo to build an
El Shaddai Church in multinational
village.
The government of Quezon City
informed Ateneo de Manila University to
pay income tax and property tax for its
educational activities.
Thank You!!