Salient features of art 2


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Salient features of art 2

  1. 1. ARTICLE II- condensed version • It's best you read these with the exact provisions of the constitution. STATE PRINCIPLES: Sec. 1 The announcement of what kind of government the Philippines is- a democratic and a republican state. The essence of republicanism rests in representation. Democracy on the other rests in the principle of the rule of the majority This is also a declaration of who really holds the sovereign power ( from whom sovereignty emanates), that is the Filipino people. Sec. 2 This bears the doctrine of incorporation where, the Philippines adopts to the generally accepted principles of International law as part of the law of the land....This means we see treaties as equivalent to our laws, however, when such a treaty comes in contradiction with the constitution, the constitution prevails. Sec. 3 This talks about supremacy of the Civilian Authority over the military. This is manifested through the president, a civilian, who is considered the commander-in-chief of the AFP. Also it declares the duty of the AFP, that is to protect the people and the state. Sec. 4 This section declares the prime duty of the Government : to serve and protect the people.On the other, the people has a corresponding responsibility, that is, to render service, military or personal, when the state needs it ( such as in cases of invasion ). A citizen cannot refuse or escape this responsibility behind the cloak of involuntary servitude. Sec. 5 This highlights the importance of the maintenance of peace and order, protection of life liberty and property, and promotion of general welfare which are essential in the enjoyment of the “blessings of democracy”. The enjoyment of such being dependent upon political stability and economic prosperity. Sec. 6 This is about the inviolability of church and state. Therefore: 1. the state shall have no official religion
  2. 2. 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 entering or professing religious beliefs and disbeliefs STATE POLICIES Sec. 7 This emphasizes pursuance of an independent foreign policy, one that is not subordinate or too dependent on another government. In the conduct of relations with other states, the Philippines welcomes suggestions, minds alliance but of primary concern would be national interest, national sovereignty, territorial integrity and right to self-determination. We cannot be dictated upon by other countries what policies to pursue. Sec. 8 This emphasizes our policy on absolute ban of nuclear weapons ( production, manufacturing, possession or storing). There is nothing that precludes us from using nuclear energy for industrial or peaceful purpose. Sec. 9-10 These are the anti-poverty provisions focusing on the state's responsibility to provide jobs, and promotion of social justice. • know the meaning of social justice. Sec. 11 This pronounces how the state values human dignity and human rights. Sec. 12 This is contains the anti-abortion policy of the state... “ the state shall protect the life of the mother and the unborn from conception” Sec. 13 This is the recognition of the role of youth in nation-building. In doing so, the state shall undertake to educate and inculcate patriotism and nationalism in the youth. This is the basis for the sanggunian ng kabataan, among other such youth empowerment related policies.
  3. 3. Sec. 14 This is the recognition of women as vital in nation building. The state takes it upon itself to promote equality between genders ergo the pro-women laws. Sec. 15 This emphasizes the state's recognition of the people's right to health. Vital is the inculcation of health habits among the citizens. Sec. 16 This carries the environmental prioritization of the state. This is the basis of our environmental laws as a balanced ecology is recognized as matter of right of people. Sec. 17 This pronounces the state's prioritization of education, science and technology, among others as means to liberate people from poverty. Sec. 18 This is the recognition of the importance of labor in nation-building, hence the pro-labor policies of the state that protects and promote the welfare of laborers. Sec 19. This is the Filipino first policy of the state. Sec. 20 This is the state's recognition of the importance of private enterprise/sector therefore the state encourages it. Sec. 20 This is the provision prioritizing agriculture, ergo DAR as the pertinent agency that will pursue agriculture policies of the state. Sec. 21
  4. 4. Sec. 22 This is the state's recognition of the Indigenous Cultural Communities, ergo the policies of the state in their favor and their rights over their ancestral domain. Sec. 23 The recognition of the importance of NGOs among other such groups to advance welfare of the state. Sec. 24 This is the recognition of the state of the importance of communication and information in nation building, hence, the government does not monopolize media networks. Private media networks are recognized as watchdogs of the government. Sec. 25 This is the basis of the Local Government code of 1991 recognizing the autonomy of LGUs. Sec. 26 This is the provision against political dynasties. However, there's no enabling law on this one so it remains a principle that is not enforced. * GUYS, QUESTIONS REGARDING THIS ARTICLE WILL BE GIVEN IN CLASS!