Article 2 Philippine Constitution


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This presentation covers the Article 2 (28 Sections) of the Philippine Constitution.

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Article 2 Philippine Constitution

  1. 1. PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
  2. 2. Principles
  3. 3. SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
  4. 4. Manifestations of a democratic and republican state.  The observance of the rule of the majority.  The observance of the principle that ours is a government of laws, and not of men.  The presence of elections through popular will.  The observance of the principle of separation of powers and the system of checks and balances.  The observance of the principle that the legislature cannot pass irreparable laws.  The observance of the law on public officers .  The observance of the principle that the State cannot be sued without its consents.  The existence of a bill of rights. Section 1
  5. 5. Sovereignty of the People - Sovereignty  is the supreme power to govern.  It lies in the hands of the Filipino people who have the right to choose the type of government they want and to define the powers it shall hold and exercise.  It is their right to abolish their government and form a new one and organize it in such form as seems to them best for their welfare and happiness. Section 1
  6. 6. • Sovereignty is exercised indirectly Through public officials elected by the people. Officials appointed by the elected officials. • Sovereignty is exercised directly Suffrage. People’s Participation 1. Multi-Party System 2. Party-list system 3. People’s Organization 4. System of Initiative and Referendum 5. Plebiscite Section 1
  7. 7. 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.
  8. 8. Renunciation of war as instrument of national policy. Philippines cannot declare war on another country The country can only declare an existing state of war. Section 2
  9. 9. Adoption of the generally accepted principles of international law as part of the country’s own law. When international usage to be applied A treaty has force of a statute Constitution prevails over a treaty Section 2
  10. 10. Adherence to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Philippines seek peace and unity with the neighboring countries all over the world regardless of race, ideology, and political system on the basis of mutual trust, respect and cooperation. Section 2
  11. 11. 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.
  12. 12. Supremacy of the Civilian Authority  Inherent in a republican system  Safeguard against military dictatorship As commander-in-chief • Issues orders to the armed forces • Appoints high ranking officers • Determines military budget • Defines the national policy in defense and security Section 3
  13. 13. AFP: Protector of the people and the State 1. Fearsome image acquired during martial rule 2. Constitutional mandates  shall be the protector of people and State  respect for people’s right 3. Support of the people Section 3
  14. 14. 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 may be required, under conditions provided by law, to render person military or civil service.
  15. 15. Prime duty of the Government “To serve and protect people” “Government exist for the people and not the people for the government. Section 4
  16. 16. Defense of the State by the people against foreign aggression “The defense of the state is one of the duties of a citizen.” Section 4
  17. 17. Military and civil service by the people 1. Defense of State performed through an army 2. Compulsory 3. Meaning of civil service 4. Personal 5. By law Section 4
  18. 18. 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 the people of the blessings of democracy.
  19. 19. Maintenance of Peace and Order, etc. Art. XVI, Sec. 6 Art. III, Sec. 1 Sec. 11 PREAMBLE Section 5
  20. 20. Section 6. The separation of Church and State shall be inviolable.
  21. 21. Principle of separation of the Church and State Art. III, Sec. 5 – “No law shall be made respecting an establishment of religion.” Art. VI, Sec. 29 – “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, denomination, sectarian institution or system of religion.” Section 6
  22. 22. Meaning of “establishment of religion clause” “A wall of separation between the church and the state” - Thomas Jefferson Section 6
  23. 23. 1. The State shall have no official religion. 2. 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. 3. Every person is free to profess belief or disbelief in any religion. 4. Every religious minister is free to practice his calling. 5. The State cannot punish a person for entertaining or professing religious beliefs or disbeliefs. Section 6
  24. 24. No hostility towards religion 1. Constitution and laws exempt from taxation properties devoted exclusively to religious purposes. 2. The use of public money is not prohibited to the armed forces, or to any penal institution. 3. Optional religious instruction in public elementary and high schools is by constitutional mandate allowed. 4. Thursday and Friday of Holy Week, Christmas Day and Sundays are made legal holidays. 5. Crimes against religious worship are considered crimes against law. Section 6
  25. 25. State Policies
  26. 26. 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.
  27. 27. Foreign policy of the Philippines  An instrument of domestic policy  Pursuit of an independent foreign policy  Paramount consideration Section 7
  28. 28. SECTION 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.
  29. 29. Freedom from Nuclear Weapons  As subject to exception  As an absolute ban Section 8
  30. 30. Exceptions • The use of nuclear for: Medicine Agriculture And other beneficial purposes • If the national interest so requires The storing of nuclear weapons in our territory Section 8
  31. 31. 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.
  32. 32. Just and Dynamic Social Order This is accomplished through policies that: Provide sufficient social services (in the field of health, education, housing, etc). Promote full employment. A rising standard of living. Improve quality of life for all. Section 9
  33. 33. Solving the problem of mass poverty Establishment of a just and humane society Reduce the political economic power of a privileged Equalizing widely standards and opportunities for advancement Eradicate poverty Section 9
  34. 34. SECTION 10. The State shall promote social justice in all phases of national development.
  35. 35. The State must give preferential attention to the welfare of the:  less fortunate  the poor  uneducated  underprivileged  disabled Section 10
  36. 36. SECTION 11. The State values the dignity of every human person and guarantees full respect for human rights.
  37. 37. Human Rights  Belief in inherent dignity of every human person basis of human right  A human person is a being not a thing.  In a democratic state, the individual enjoys certain rights which cannot be modified or taken away by the lawmaking body. Section 11
  38. 38. 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.
  39. 39. Right of human life of the unborn from conception and of the mother  Once conceived, a child has the right to be born and the right to live.  Human life is commonly believed from the moment of conception.  Mandates the protection of the unborn from the possibility of abortion.  The health of mother shall also be protected. Section 12
  40. 40. Rearing of the youth for civic efficiency and development of moral character  A duty of both parents and government  Right of the State to interfere with education of children  The State and parental obligations  Duty of State to encourage educational institutions Section 12
  41. 41. 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.
  42. 42. C W T S L T S ROTC Section 13
  43. 43. 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.
  44. 44. Role of women in nation-building  Proven capabilities of Filipino women  Expansion of women’s role  Equality with men before the law Section 14
  45. 45. Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them health.
  46. 46. Right of people to Health Health - is the state physical, social and mental well-being rather than merely than merely the absence of physical diseases These constitution gives the right to the people to health  Department of Health (Sec.Eric Tayag)  Health Center Section 15
  47. 47. 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.
  48. 48. Right to Balanced and Healthful Ecology • The need for a program to address the ecological problems of: Pollution Waste disposal Forest denudation Flood drought Dying river beds Destruction of waterways Protect human life Section 16
  49. 49. 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.
  50. 50.  The States prioritizes the following through their different programs like the: DepEd DOST PSC Section 17
  51. 51. SECTION 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.
  52. 52.  Human labor is not only treated as land, tools, or machinery. It mandates the State to provide living wage and full participation to workers in decision- making processes which affect their rights and benefits. Section 18
  53. 53. SECTION 19. The State shall develop a self- reliant and independent national economy effectively controlled by Filipinos.
  54. 54. States the constitutional guidelines in the development of the economy:  Economic self-reliance  Independent national economy And effective Filipino control of the economy Section 19
  57. 57. SECTION 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.
  58. 58. Role of private sectors in the economy • The Constitution does not favor an economy where the State directly competes with private business. • The business of government is governance and NOT money-making. Section 20
  59. 59. SECTION 21. The State shall promote comprehensive rural development and agrarian reform.
  60. 60. Section 21 Covers all phases of rural development: Economic Social Political Cultural Industrial
  61. 61.  Comprehensive Agrarian Reform Program, commonly known as CARP, is an agrarian reform law of the Philippines passed in 1988. It is part of the long history of attempts at land reform in the Philippines. It is Republic Act No. 6657.[1]  The law was outlined by former President Corazon C. Aquino through Presidential Proclamation 131 and Executive Order 229 on June 22, 1987. The law was enacted by the 8th Congress of the Philippines and signed by Aquino on June 10, 1988.  In this program, all lands exceeding seven hectares were bought by the government and sold to the landless farmers. Owners of lands were paid through installment basis for 15 years.
  62. 62. SECTION 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.
  63. 63. • Recognizes the existence and the rights of the indigenous cultural communities. • Directs the State to promote the rights of indigenous cultural communities by considering their customs, traditions, beliefs, and interests. • Implementing state policies with full respect to their culture, dignity, uniqueness and human rights. Section 22
  64. 64. SECTION 23. The State shall encourage non- governmental, community- based, or sectoral organizations that promote the welfare of the nation.
  65. 65. • 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 – promote the welfare of the nation. Section 23
  66. 66. SECTION 24. The State recognizes the vital role of communication and information in nation- building.
  67. 67. Means of communications such as: Motion pictures Television Radio Newspapers Magazines Section 24
  68. 68. Nation-Building • The people are enlightened on certain public issues. • They can also serve as useful tools to promote unity among the Filipinos. Section 24
  69. 69. SECTION 25. The State shall ensure the autonomy of local governments.
  70. 70. SECTION 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.
  71. 71. • This does not allow the existence of political dynasties or the practice of keeping political power within the control of select families. • Emphasizes the duty of the government to uphold democratic elections and appointments. Section 26
  72. 72. SECTION 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.
  73. 73. 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 27
  74. 74. SECTION 28. The Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interests.
  75. 75. 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. The policy covers matters involving public interest especially those concerning the utilization of public funds and property. Section 28