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Q: Are the provisions of Article II of the Constitution self-executing? A: No. In the case of Tondo Medical v.

CA, the SC ruled that by its very title, Art. II of the Constitution is a declaration of principles and state policies. However , the principles in Article II are not intended to be self-executing that are re ady for enforcement through the courts. They are used by the judiciary for the e xercise of its power of judicial review, and by the legislative for the enactmen t of laws. As a general rule, these provision are non-self-executing. In the case of Oposa v. Factoran, the SC ruled that a provision is self-executing if it is complete b y itself, and provides sufficient rules for the exercise of rights. Some provis ions in Article II are self-executing, one of which is Section 16 that provides Th e State shall protect and advance the right of the people to a balanced and heal thful ecology in accord with the rhythm and harmony of nature. Q: What is a Republican State? A: In the dissenting opinion of J. Puno in the case docketed as G.R. No. 148334, January 21, 2004, defines Republican State as a state wherein all government au thority emanates from the people and is exercised by representatives chosen by t he people. Q: What are the manifestations of Republicanism? A: The manifestations of Republicanism are: 1. Ours is a government of laws and not of men. 2. Rule of Majority (Plurality in elections). 3. Accountability of public officials. 4. Bill fo Rights. 5. Congress cannot pass irrepealable laws. 6. Separation of Powers. Q: What is Constitutional Authoritarianism? A: Constitutional authoritarianism as understood and practiced in the Marcos reg ime under the 1973 Constitution was the assumption of extraordinary powers by th e President, including the legislative and judicial and even constituent power. Q: Is constitutional authoritarianism compatible with Republicanism? A: Yes. If the Constitution upon which the Executive bases his assumption of pow er is a legitimate expression of the people s will and if the Executive who assumes power received his office in a valid election by the people. Q: What is the State Policy against war? A: Section 2, Article II of the 1987 Constitution provides that the State renounces war as an instrument of national policy. Q: Does the Philippines renounces defensive war? A: No, because it is duty bound to protect its citizens. Under the Constitution, the primary duty of the government is to serve and protect the people. Q: What is the Doctrine of Incorporation? A: In Tanada v. Angara, the SC ruled that Doctrine of Incorporation means that t he rules of International Law shall form part of the law of the land and no legi slative action is required to make them applicable in a country. By this doctrin e, the Philippines is bound by the generally accepted principles of internationa l law, which are considered to be automatically part of our own laws. Q: What is the Doctrine Auto-Limitation? A: It is the doctrine where the Philippines adhere to the principles of internat ional law as a limitation to the exercise of its sovereignty. However, in the case of Philipp Morris, Inc. v. CA, the SC ruled the fact that t he international law has been made part of the law of the land does not by any m eans imply the primacy of international law over national law in the Municipal s phere. Q: What is meant by the Principle of Civilian Supremacy? A: The civilian authority is, at all times, supreme over the military.

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