Good Governance and Social

Responsibility Lecture Notes

Prof. Ildefonso G. Mariquit

ARTICLE II DECLARATION OF PRINCIPLES AND

STATE POLICIES (EXPLANATION)
PRINCIPLES
SECTION 1
The Philippines, a democratic and republican state
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. It embodies some features of a
pure or direct democracy such as initiative, referendum, and recall.
The existence of a bill of right. The observance of the rule of majority. The
observance of the principle that ours is a government of laws, and not of men. The
presence of election through popular will. The observance of the principle of
separation of powers and the system of checks and balances. Manifestations of a
democratic and republican state.
Manifestations of a democratic and republican state. The observance of the principle
that the legislation 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.
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. Exercised indirectly through public officials.
Exercised directly through suffrage. Manifestations of a democratic and republican
state
Section1 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 peoples right to revolt against an oppressive or

tyrannical government is not necessary and proper Right of the people to revolt.
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.
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?
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
Adoption of the generally accepted principles of international law as part of our
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.
The doctrine of incorporation is the automatic adoption of international law as part of
the law of the Philippines.
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.
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.
Supremacy of civilian authority over the military inherent in a republican system
safeguard against military dictatorship

.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 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
Defense of the State by the people against foreign aggression 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.
Section 4
Defense of the State performed through an army Compulsory Personal By law
Military and civil service by the people.
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.
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.
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.
The separation of Church and State shall be inviolable.
Principle of separation of the church and State.The principle simply means that the
Church is not to interfere in purely political matters or temporal aspects of mans life
and the State, in purely matters of religion and morals, which are the exclusive
concerns of the other.

The State shall have no official religion 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. Every person is free to profess belief or disbelief in any religion.
Meaning of establishment of religion clause.
Every religious minister is free to practice his calling; The State cannot punish a
person for entertaining or professing religious beliefs or disbeliefs. Meaning of
establishment of religion clause.
Preamble The command that Church and State be separate is not to be interpreted
to mean hostility to religion. Other provisions/laws Our Constitution and laws exempt
from taxation, properties devoted exclusively to religious purposes; No hostility
towards religion
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;Optional religious instruction in
public elementary and high school is by constitutional mandate allowed.No hostility
towards religion
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; andThe law punishes polygamy and bigamy, and certain crimes against
worship are considered crimes against the fundamental laws of the State.No hostility
towards religion
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.
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
Formulation and conduct of foreign policy. The president formulates our foreign
policy principally with the help of the Department of Foreign Affairs.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
Pursuit of an independent foreign policy.An independent foreign policy means one
that is not subordinate or subject to nor dependent upon the support of another
government. An independent foreign policy, however, it is not one that completely
rejects advice or assistance from without. Foreign Policy of the Philippines
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
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.
The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.
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.
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 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

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
Section 11
. The State values the dignity of every human person and guarantees full respect for
human rights.
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<br />Human
dignity and human rights. The human person is the end of every social
organization<br />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
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 of the Government.
.
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.
The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.
Filipino women are noted to have low participation at all levels. The Civil Service
Commission reported that few women candidates - who ran for public office succeeded in securing public posts. In 2004, the average proportion of women in key
elected posts was no more than 17%. The dismal performance of women in the
2004 elections registered a sharp drop after an increasing trend beginning 1995.
Section 15.
The State shall protect and promote the right to health of the people and instill health
consciousness among them.
The state shall oblige its self to promote and protect the right of the people to health
by instilling

health consciousness among the people.

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.
The state shall promote and protect the rights of the people about a balanced and
healthful environment.
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.
The state shall provide education to all citizens to have a general and broader
understanding about

knowledge.

Section 18.
The State affirms labor as a primary social economic force. It shall protect the rights
of workers and promote their welfare.

In this provision, the state protects the rights of each and every workers.
Section 19
The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.
It states that the constitutional guidelines in the development of the economy:
economic self-

reliance, independent national economy, and effective Filipino

control of the economy.

Section 20.
The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.
The state is mandated to encourage private enterprise and to provide incentives to
needed investments,whether local or foreign
Section 21.
The State shall promote comprehensive rural development and agrarian reform.
The state must develop rural and agrarian reform for the benefits of the country
Section 22.
The State recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.
The provision also directs the State to promote their rights within the
framework of national unity
and development
Section 23.
The State shall encourage non-governmental, community-based,orsectoral
organizations that promote the welfare of the nation.

The state is required to encourage these organizations because recent events have
shown that, under responsible leadership, they can be active contributors to the
political, social, and economic growth of the country
Section 24.
The State recognizes the vital role of communication and information in nationbuilding.
The state must keep abreast of communication innovations but at the same time be
selective and discriminating to insure that only those suitable to the needs and
aspirations of the nation are adapted
Section 25.
The State shall ensure the autonomy of local governments.
Local affairs can best be regulated by the people in the locality.
Section 26.
The State shall guarantee equal access to opportunities for public service, and
prohibit political dynasties as may be defined by law.
This does not allow the existence of political dynasties or the practice of keeping
political power

within the control of select families

Section 27.
The State shall maintain honesty and integrity in the public service and take positive
and effective measures against graft and corruption.
Honesty and integrity in public service Undermines the quality of
life for people especially

in poor qualities The constitution seeks

to minimize and find completely to eliminate graft and

corruption, a way to attack problem.
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.
The Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy

of full public disclosure of all its transactions involvingpublic

interests. Section 7 of the Bill of Rights

Guarantees the peoples right to know

any transaction entered into by the government. Limited

involves public concerns .

Source: http://iyhan09.blogspot.com/2015/10/article-ii.html

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