2. PRINCIPLES
Section 1. The Philippines is a democratic and
republican State. Sovereignty resides in the
people and all government authority emanates
from them.
3. SECTION 1
A republican government is a democratic
government by representatives chosen by the
people at large.
The essence therefore, of a republican state is
indirect rule.
The Philippines, a democratic and republican state
4. SECTION 1
It embodies some features of a pure or direct
democracy such as initiative, referendum, and
recall.
The Philippines, a democratic and republican state
5. SECTION 1
1) The existence of a bill of right;
2) The observance of the rule of majority;
3) The observance of the principle that ours is a
government of laws, and not of men;
4) The presence of election through popular will;
5) The observance of the principle of separation
of powers and the system of checks and
balances;
Manifestations of a democratic and republican state
6. SECTION 1
6) The observance of the principle that the
legislation cannot pass irrepealable laws;
7) The observance of the law on public officers;
8) The observance of the principle that the State
cannot be sued without its consent.
Manifestations of a democratic and republican state
7. SECTION 1
Sovereignty implies the supreme authority to
govern, thus the Filipino people, being
sovereign people have the right to constitute
their own government, to change it, and define
its jurisdiction and powers.
1) Exercised indirectly through public officials.
2) Exercised directly through suffrage.
Manifestations of a democratic and republican state
8. SECTION 1
Section 1 above impliedly recognizes that the
people, as the ultimate judges of their destiny,
can resort to revolution as a matter of right.
A provision in the Constitution, however, expressly
recognizing the people’s right to revolt against
an oppressive or tyrannical government is not
necessary and proper
Right of the people to revolt
9. SECTION 2
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.
10. SECTION 2
With the conflict in the claim of Spratleys
intensifying, China decided to launch an all out
attack to the Philippines. Can the Philippines
engage in war?
Case Analysis
11. SECTION 2
The declaration refers only to the renunciation by
the Philippines of aggressive war, not a war in
defense of her national honor and integrity.
Thus, when provoked and attacked the
Philippines can retaliate and engage into war.
Renunciation of war as an instrument of national policy
12. SECTION 2
International law refers to the body of rules and
principles which governs the relations of
nations and their respective peoples in their
intercourse with one another
Adoption of the generally accepted principles of
international law as part of our law
13. SECTION 2
The doctrine of incorporation is the automatic
adoption of international law as part of the law
of the Philippines.
Adoption of the generally accepted principles of
international law as part of our law
14. SECTION 2
The Philippines seeks only peace and friendship
with her neighbors and all countries of the
world, regardless of race, creed, ideology, and
political system, on the basis of mutual trust,
respect, and cooperation.
Adherence to the policy of peace, etc., with all nations
15. SECTION 3
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.
16. SECTION 3
1) Inherent in a republican system
2) A safeguard against military dictatorship
Supremacy of civilian authority over the military
17. SECTION 4
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
personal, military or civil service.
18. SECTION 4
“… the foremost duty of the government is to
serve and protect the people. The government
exist for the people and not the people for the
government.”
Prime duty of the Government
19. SECTION 4
…the government may call upon the people to
defend the State.
For self-preservation and to defend its territorial
honor and integrity, the Philippines can engage
in a defensive war.
The defense of the State is one of the duties of a
citizen.
Defense of the State by the people
against foreign aggression
20. SECTION 4
1) Defense of the State performed through an
army
2) Compulsory
3) Personal
4) By law
Military and civil service by the people
21. SECTION 4
The term refers to any service for the defense of
the State other than as soldiers, like as workers
in munition factories.
Meaning of “civil service”
22. SECTION 5
Section 5. The maintenance of peace and
order, the protection of life, liberty, and
property, and promotion of the general welfare
are essential for the enjoyment by all the
people of the blessings of democracy.
23. SECTION 5
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.”
Maintenance of peace and order, etc.
25. SECTION 6
The principle simply means that the Church is not
to interfere in purely political matters or
temporal aspects of man’s life and the State, in
purely matters of religion and morals, which are
the exclusive concerns of the other.
Principle of separation of the church and State
26. SECTION 6
1) The State shall have no official religion;
2) The State cannot set up a church, whether or
not supported with 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;
Meaning of “establishment of religion clause.”
27. SECTION 6
4) Every religious minister is free to practice his
calling; and
5) The State cannot punish a person for
entertaining or professing religious beliefs or
disbeliefs.
Meaning of “establishment of religion clause.”
28. SECTION 6
1) Preamble – The command that Church and
State be separate is not to be interpreted to
mean hostility to religion.
2) Other provisions/laws
a) Our Constitution and laws exempt from taxation,
properties devoted exclusively to religious
purposes;
No hostility towards religion
29. SECTION 6
b) The use of public money or property is not
prohibited when a priest, preacher, minister, or
dignitary as such is assigned to the armed forces,
or to any penal institution, or government
orphanage or leprosarium;
c) Optional religious instruction in public elementary
and high school is by constitutional mandate
allowed;
No hostility towards religion
30. SECTION 6
d) Thursday and Friday of Holy Week, Christmas Day
and Sundays are made legal holidays because of
the idea that their observance is conducive to
beneficial moral results; and
e) The law punishes polygamy and bigamy, and
certain crimes against worship are considered
crimes against the fundamental laws of the State.
No hostility towards religion
31. 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.
32. SECTION 7
Foreign policy is a set of guideline followed by a
government of a country in order to promote its
national interest through the conduct of its relations
with other countries.
Foreign Policy of the Philippines
33. SECTION 7
1) Formulation and conduct of foreign policy. The
president formulates our foreign policy principally
with the help of the Department of Foreign Affairs
2) An instrument of domestic policy. Foreign policy is
but a reflection and an instrument of domestic policy,
the former being dictated by the latter. They are not
only mutually consistent but complementary.
Foreign Policy of the Philippines
34. SECTION 7
3) Pursuit of an independent foreign policy.
a) An independent foreign policy means one that is
not subordinate or subject to nor dependent upon
the support of another government.
a) An independent foreign policy, however, it is not
one that completely rejects advice or assistance
from without.
Foreign Policy of the Philippines
35. SECTION 7
In general , our basic foreign policy objective is to
establish friendly relations with all countries of
the world regardless of race, religion, ideology
and social system and to promote as much
beneficial relationship with them particularly in
economic and trade activities.
Foreign Policy of the Philippines
36. SECTION 7
4) Paramount consideration. In its relations with other
states, the paramount consideration of the
Philippines shall be national sovereignty, territorial
integrity, national interest, and the right to self-
determination.
Foreign Policy of the Philippines
37. SECTION 8
Section 8. The Philippines, consistent with the
national interest, adopts and pursues a policy
of freedom from nuclear weapons in its
territory.
38. SECTION 9
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.
39. SECTION 9
1) Policies necessary to be pursued – adequate
social services, promote full employment, a
rising standard of living, and an improved
quality of life for all.
Just and dynamic social order
40. SECTION 9
2) Solving the problem of mass poverty – The
goal is to reduce that political and economic
power of privileged few by equalizing widely
differing standards and opportunities for
advancement and raise the masses of our
people from a life of misery and deprivation to
a qualitative life worthy of human dignity and
respect.
Just and dynamic social order
41. SECTION 10
Section 10. The State shall promote social
justice in all phases of national development.
In the fulfillment of this duty, the State must give
preferential attention to the welfare of the less
fortunate members of the community, those
who have less in life
Social justice
42. SECTION 11
Section 11. The State values the dignity of
every human person and guarantees full
respect for human rights.
43. SECTION 11
…the individual enjoy certain rights which cannot
be modified or taken away by the lawmaking
body.”
These rights are protected or guaranteed
because of the belief in the inherent dignity
and basic moral worth of every human person
Human dignity and human rights
44. SECTION 11
..the human person is the end of every social
organization…
The value accorded to human dignity is
measured by the extent of respect for human
rights, principally the rights to life, liberty , and
property.
Human dignity and human rights
45. SECTION 12
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.
46. SECTION 13
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.
47. SECTION 14 AND 15
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.
Section 15. The State shall protect and
promote the right to health of the people and
instill health consciousness among them.
48. SECTION 16
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.
49. SECTION 17
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. SECTION 18
Section 18. The State affirms labor as a
primary social economic force. It shall protect
the rights of workers and promote their welfare.
Section 19. The State shall develop a self-
reliant and independent national economy
effectively controlled by Filipinos.
51. SECTION 20
Section 20. The State recognizes the
indispensable role of the private sector,
encourages private enterprise, and provides
incentives to needed investments.
52. SECTION 21
Section 21. The State shall promote
comprehensive rural development and agrarian
reform.
53. SECTION 22
Section 22. The State recognizes and promotes
the rights of indigenous cultural communities
within the framework of national unity and
development.
54. SECTION 23
Section 23. The State shall encourage non-
governmental, community-based,or sectoral
organizations that promote the welfare of the
nation.
55. SECTION 24
Section 24. The State recognizes the vital role
of communication and information in nation-
building.
57. SECTION 26
Section 26. The State shall guarantee equal
access to opportunities for public service, and
prohibit political dynasties as may be defined
by law.
58. SECTION 27
Section 27. The State shall maintain honesty
and integrity in the public service and take
positive and effective measures against graft
and corruption.
59. SECTION 28
Section 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.
