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ARTICLE II
DECLARATION OF PRINCIPLES
AND STATE POLICIES
PRINCIPLES
Section 1. The Philippines is a democratic
and republican State. Sovereignty resides
in the people and all government
authority emanates from them.
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
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
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
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
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
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
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.
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
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
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
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
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
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.
SECTION 3
1) Inherent in a republican system
2) A safeguard against military dictatorship
Supremacy of civilian authority over the military
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.
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
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
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
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”
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.
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.
SECTION 6
Section 6. The separation of Church and
State shall be inviolable.
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
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.”
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.”
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
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
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
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.
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
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
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
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
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
SECTION 8
Section 8. The Philippines, consistent
with the national interest, adopts and
pursues a policy of freedom from nuclear
weapons in its territory.
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.
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
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
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
SECTION 11
Section 11. The State values the dignity of
every human person and guarantees full
respect for human rights.
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
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
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
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.
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.
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.
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.
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.
SECTION 20
Section 20. The State recognizes the
indispensable role of the private sector,
encourages private enterprise, and
provides incentives to needed
investments.
SECTION 21
Section 21. The State shall promote
comprehensive rural development and
agrarian reform.
SECTION 22
Section 22. The State recognizes and
promotes the rights of indigenous cultural
communities within the framework of
national unity and development.
SECTION 23
Section 23. The State shall encourage
non-governmental, community-based,or
sectoral organizations that promote the
welfare of the nation.
SECTION 24
Section 24. The State recognizes the vital
role of communication and information in
nation-building.
SECTION 25
Section 25. The State shall ensure the
autonomy of local governments.
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.
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.
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.

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Article 2 new

  • 1. ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES
  • 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.
  • 24. SECTION 6 Section 6. The separation of Church and State shall be inviolable.
  • 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
  • 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.
  • 56. SECTION 25 Section 25. The State shall ensure the autonomy of local governments.
  • 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.