Article II Philippine Constitution States Policies and Principles

1. Philippine State
Policies
and Principles

2. Article II of the 1987
Constitution
• Is the embodiment of the state’s
policies and principles. The policies
and principles serves as a guide to the
three branches of the government in
the exercise of their powers and
implementation of the constitution.

3. Non – self Executing
• Statements of principles and policies
are basically not self – executing
provisions because congress should
still pass laws required to clearly
define effectuate such policies.

4. Right – conferring provision
• In the case of Kilosbayan vs. Morato
(supra), the Supreme Court reiterated
the doctrine that constitutional
policies and principles are non – self –
executing and do not confer rights.
However, it recognized an exception
to the rule as in the case of Oposa vs.
Factoran.

5. Implementing Constitutional
Provisions
• Non – self – executory provisions on
State policies and principles usually
require a law passed by congress to
implement it. However, there are
instances when the Constitution itself
provides rules as an implement to
polices and principles.

6. Democracy and Republicanism
• Section 1, Article II of the Philippine
Constitution provides: “The
Philippines is a democratic and
republican state. Sovereignty resides
in the people and all government
authority emanates from them”.

7. Defensive War
• Article 51 of the UN Charter provides:
Nothing in the present Charter shall impair
the inherent right of individual or
collective self – self – defense if an armed
attack, occurs against a Member of the
United Nations, until the Security Council
has taken measures necessary to maintain
international peace and security

8. Individual Self - Defense
• Defensive war is not within the context of
the policy of the Philippines on
renunciation of war. What is prohibited
under Article II, Section 1, of the
Constitution is an aggressive war. To
renounce war waged in self – defense is to
divest the most important attribute of a
senate, to wit, right to exist.

9. Collective Self - Defense
• By virtue of a defense alliance
arrangement, a group of states may
exercise self 0 defense collectively against
an aggressive state. Even if an enemy state
attacked only one ally, the alliance may
launch a concerted war against the former
to defend the latter.

10. Preventive Defensive War
• Under Article 51 of the UN Charter, the
exercise of individual or collective self –
defense will only be justified “if an armed
attack against a Member of the United
Nations.”

11. Peacekeeping Force
• Under the UN Charter there are only two
ways used by the UN to maintain or
restore international peace and security,
to wit: (1) obliging members to resort to
pacific settlement in resolving
international disputes, and (2) taking
preventive or enforcement action against
an aggressive state.

12. Collective Security War
• Article 2 (5) of the UN Charter provides: “
All Members shall give the United Nations
every assistance in any action it takes in
accordance with the present Charter, shall
refrain from giving assistance to any state
against which the United Nations is taking
preventive or enforcement action.”

13. Humanitarian War
• International law prohibits military
intervention by a state into the affairs
of another state on humanitarian
reason since it is a breach of it’s right
of independence of the latter.

14. Doctrine of Incorporation
• Section 2, Article II provides: “The xxx
adopts the generally accepted
principles of international law as part
of the law of the land and adheres to
the policy peace, equality, justice,
freedom, cooperation and amity all
nations.”

15. Civilian Supremacy over the
Military
• Section 3, Article II provides: “Civilian
authority is, at all times, supreme
over the military. The Armed Forces of
the Philippines is the protector of the
people and State. Its goal is to secure
the sovereignty of the State and the
Integrity of the national territory

16. Separation of State and Church
• Section 6, Article II of the Constitution
provides : “The separation of Church
and state shall be inviolable.”

17. Wall of Separation, Not a Wall of
Hostility
• In the famous words of Thomas
Jefferson, “the Constitution erects a
wall of separation between church
and state.”

18. Union of Church and State,
Prohibited
•The Constitution builds the wall of
separation to block the unification
of state and church.

19. Independent Foreign Policy
• Section 7, Article II of the Constitution
provides: The State shall pursue ban
independent foreign policy. In its
relations with other states the
paramount consideration shall be
sovereignty, territorial integrity,
national interest, and the right to self
– determination.

20. Nuclear Weapons
• Section 8, Article II provides: “The
Philippines, consistent with the national
interest, adopts and pursues a policy of
freedom from nuclear weapons in its
territory.”

21. Policy on Foreign Military
Foreign military bases troops, or facilities
shall only be allowed in the Philippines
under the following conditions:
 Treaty – there must be a Treaty entered
into between the Philippines and a
foreign State allowing the presence of
military bases, troops or facilities in the
territory of the Philippines.

22. Senatorial Concurrence – the said
Treaty must be concurred in the two –
third votes of the Senate.
Ratified by the People – the people
must ratify the treaty approved by the
senate by majority votes cast in a
national referendum when Congress
requires it.

23. Recognized as Treaty – the foreign
contracting state must recognize the
international agreement allowing
foreign military bases, troops or
facilities as a treaty.

24. Social Justice
• The state shall promote social justice in all
phases of national development. Social
justice is xxx the humanization of laws and
the equalization of social and economic
forces by the state so that justice in its
rational and objectively secular conception
may at least be approximated.

25. • Social justice means the promotion of
the welfare of the people, the
adoption by the government of
measure caculated to insure
economic stability of all the
competent elements of society, xxx.

26. Policy on Abortion
• The state shall equality protect the life of
the mother and the life of the unborn
from conception (Article II, Section 12)

27. Other Principles
• General Welfare – 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 blessing of democracy
(Article II, Section 5)

28. • Poverty – 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 (
Article II, Section 9; see also; Article XIII,
Section 9 and 10).

29. • Human Rights – The State values the dignity of every
human person and guarantees full respect for human
rights (Article II, Section 11; see also: Article XIII,
Section 17 and 19).
• Family – The State recognizes the sanctity of family
life and shall protect and strengthen the family as a
basic autonomous social institution. 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.

30. • Role of Youth - The state recognizes the vital
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 (Article II, Section
13).

31. • Role of Women – The State recognizes the role
of women in the nation – building, and shall
ensure fundamental equality before the law of
women and men (Article II, Section 14; see
also Article XIII, Section 14).
• Health – The State shall protect and promote
the right to health of the people and instill
health consciousness among them (Article II,
Section 15; see also Article XIII Section 11 to
13.

32. • Ecology – 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 (Article II, Section 16).
• Education – 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 (Article II Section 17; see also
Article XIV Section 1 to 5).

33. • Reference:
• Politics Governance and Goverment