The document discusses several aspects of politics and governance in the Philippines based on its constitution. It begins by establishing that the Philippines is a democratic and republican state where sovereignty resides with the people. It then outlines several key manifestations of this, including things like elections, separation of powers, and the principle that laws cannot be irrepealable. It also discusses the role of the military, indigenous cultural communities, women's rights, and the separation of church and state.

1. POLITICS AND GOVERNANCE
DAVAO MEDICAL SCHOOL FOUNDATION

2. Section 1.
The Philippines is a
democratic and
republican State.
Sovereignty resides in
the people and all
government authority
emanates from them
THE
PHILIPPINES,
A
DEMOCRATIC
AND
REPUBLICAN
STATE
•Republican Government
•Is a democratic
government by
representatives chosen
by the people at large
•Its essence is indirect
rule
•Its officers from the
highest to the lowest are
servants of the people
and not their masters
•Powers delegated to
them by the people who
remain as the ultimate
source of political power
and authority

3. Manifestations Of A Democratic and
Republican State
The existence of a bill of rights
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 irrepealable laws
The observance of the law on public officers
The observance of the principle that the State cannot be
sued without its consent

4. SOVEREIGNTY
Implies the supreme
authority to govern
The Filipino people have the right to constitute their
own government, to change it, and to define its
jurisdiction and powers
• Exercised indirectly through
public officials
• Exercised directly through
suffrage
HOW IT IS BEING
EXERCISED?

5. ARTICLE II Section 3
Supremacy of civilian authority over
the military
• Inherent in a republican system
• The highest of the civilian authority is the
president as adopted from or based from the
1935 constitution
• The supremacy of the civilian authority over the
military is at all times even during martial or
suspension of the privilege of the writ of habeas
corpus
• A safeguard against military dictatorship
• The President serves as the commander-in-chief
of the Armed Forces of the Philippines e.i. Army,
Navy, Air Force, Marines and PNP

6. The following is considered an important
safeguard against the rise of military
dictatorship
The President sues orders to
the Armed Forces
The appointment of high
ranking officials is vested in
the President with the consent
of the Commission on
Appointments of Congress
The President determined the
military budget along with the
Congress
The President defines the
national policy on defence and
security

7. ARMED FORCES OF THE PHILIPPINES
Protector of the People and the State
Some Military Human Rights
Violation Committed by the Military
• Unexplained or force disappearance
• Extrajudicial killings or salvaging
• Massacres
• Tortures
• Hamletting
• Food blockades
PARENS PATREAE

8. ARTICLE II Section 4
Prime Duty of the Government
• It enunciates the first and foremost duty of the State-to
serve and protect the people
• It is consistent with the most basic democratic tenet that
the government exists for the people and not the people
for the government
• It is fulfilled by pursuing and implementing the State
Policies mandated by the Constitution in sections 7 to 28
Defence of the State by the People Against
Foreign Aggression
• The government may call upon the people to defend the
state in times of war without force or coercion as provided
by law
• It is also the prime duty of the citizen to defend the state
• The term “PEOPLE” may also include aliens since they are
likewise subject to regulations adopted by the government
for the defence of the State

9. Military and Civil Service by the People
• The duty of the government and the people to defend the
state cannot be performed except through an army
Defence of State
Performed Through an
Army
•The citizen may be compelled to render personal military or
civil service in accordance to the National Defence Act which
shall be validated by the Supreme Court
•Any citizen who refuse to go to war on the ground that it is
against his religion may not be accepted pursuant to the law
Defence of the State is
Compulsory
• This term as used in this provision refers to any service
for the defence of the state other than as soldier, e.g.
workers in ammunition factory
Defence of the State is
A Civil Service
• One cannot render the service required through another
meaning, the service is personal
Defence of the State is
personal
•The phrase “under conditions provided by law” is intended to
prevent arbitrariness on the part of certain officials to require
military or civil service
•This seeks to emphasize the primordial responsibility of the
government “to serve and protect the people” even when they
are called upon to defend the State
Defence of the State is
Base on the Law

10. ARTICLE II Section 6
Principle of Separation of the church
and State
• It is implied in other constitutional provision
• The principle of the separation of church and State
being inviolable is implied from the Constitutional
prohibitions stipulated in Art.III, sec.5
• It is also implied in Art.VI, sec29,par2
• Its meaning
• It simply means that the Church is not to interfere
in purely political matters or temporal aspects of
man’s life and the State
• The demarcation line between these institutions
was set forth in the sacred writings
• The term “Church” as used in the constitution,
covers all faith

11. Meaning of Eestablishment of Religion Clause
“These clause was intended to erect a
wall of separation between the
Church and the State”
THOMAS JEFFERSON
 ITS MEANING:
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 religious, 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 any person for
entertaining or professing religious beliefs
or disbeliefs

12. THOMAS JEFFERSON
He was the
author of the
Declaration of
Independence
A principal
leader in the
American
Revolution
The third
president of the
United States
He was also
regarded as a
great political
thinker and
diplomat

13. IS THE PROVISION A HOSTILITY TOWARDS RELIGION?
The command that Church and State be separate is not to be
interpreted to mean hostility to religion as shown in the
Preamble
Within the limits prescribed by the principle of separation of
Church and state, these two great entities could work together in
harmony to serve the welfare of the people
PROVISIONS RELATED TO RELIGION:
•Exemption from taxation, properties devoted exclusively to religious purposes
(Art.VI,Sec28,par3)
•Used of public money not prohibited when a priest, preacher or dignitary as such
is assigned to the armed forces or to penal institutions or government orphanage
or leprosarium (Art.VI,Sec.29,par.2)
•Optional religious instruction in public elementary and high schools is by
constitutional mandate allowed (Art.XIV,Sec.3,par.3)
•Thursday and Friday of Holy Week, Christmas Day and Sundays are made legal
holidays because of the secular ideas that their observance is conducive to
beneficial moral results (E.O.No 203 issued on June 30, 1987)
•The law punished polygamy and bigamy, and certain crimes against religious
worship are considered crimes against the fundamental law of the State (Revised
Penal Code, Arts.132-133)

14. ARTICLE II Section 14
•Our history shows that our women, past and present,
have ably proven their capabilities in all fields of
human endeavour both public and private
institutions or organization, business, professions
etc.
Proven
capabilities
of Filipino
Women
•The constitution gives recognition to the role Filipino
women have played and continue to play as partners
in the task of nation-building like Proc.No.1105 of
Oct.15,1997 which declares October 15 every year as
National Rural Women’s Day as a tribute to the
unrecognized role of women workers in the rural
area
Expansion
of Women’s
Role
•It is the duty of the State to ensure that equality
before the law in all aspects of national life by
rectifying or ending all practices and systems that
are disadvantageous to women or discriminate
against them by reason merely of sex (Anti-Rape
Law R.A.8353) (Anti-Violence Against Women and
Children Law R.A.9262)
Equality
With Men
Before the
Law

15. ARTICLE II Section 22
INDIGENOUS CULTURAL COMMUNITIES
1. MEANING
As used in the constitution, this term refers to those
non-dominant groups in our country which posses an
wish to preserve ethnic, religious, or linguistic
traditions or characteristics markedly different from
the rest of the population
As reported by the National Commission on
Indigenous People NCIP on Oct 29, 2007, there
are about 100 cultural groups with 11 million
members in the Philippines

16. • This section of the constitution recognizes the
existence and the rights of the indigenous cultural
communities
• They are entitled to the full enjoyment, both as a group
and as individuals, of all the human rights recognized in
the constitution
• This also directs the State to promote their rights
within the framework of national unity and
development
• The State is bound to consider the customs, traditions,
beliefs and interest of indigenous cultural minorities in
the formulation and implementation of state policies
and programs with full respect to their dignity,
uniqueness, and human rights
• The United nations General Assembly passed Resolution
No.49/214 on December 23, 1994 declaring August 9 of
every year as “International Day of the World’s
Indigenous Peoples”
2. Rights