GENERAL PRINCIPLES AND STATE POLICIES REPUBLICANISM

Sec. 1, Article 2 of 1987 Constitution state wherein all government authority

The Philippines is a democratic and
republican state. Sovereignty resides in the
people and all government authority emanates
from them.
Basic political creed of the nation
It is incumbent on the people to
demand fulfilment of these govt duties
through the exercise of the right of
suffrage
1987 provisions written in the same
spirit as their counterparts in the 1935
and 1973; but there was an attempt to
distinguish PRINCIPLES from POLICIES
Principles- binding rules which must be
observed in the conduct of govt
Policies- guidelines for the orientation
of the state
Republican form of government (American
constitution)
Supreme power resides in the body of
the people
Purpose is to guarantee against 2
extremes:
o Against monarchy and oligarchy
o Against pure democracy
emanates from the people and is
exercised by representatives chosen by
the people
essence: representation and
renovation, the selection by the
citizenry of a corps of public
functionaries who derive their mandate
from the people and act on their behalf,
serving for a limited period only, after
which they are replaced or retained, at
the option of their principal.
purpose: promotion of the common
welfare according to the will of the
people
Manifestations of Republicanism
1. government of laws and not of men
2. rule of majority (plurality in
elections)
3. accountability of public officials
4. bills of rights
5. legislature cannot pass irrepealable
laws
6. separation of powers
REPUBLIC V DEMOCRATIC
REPUBLIC DEMOCRACY

Republican state (Philippine Constitution) Minority has no Has a written

protection over constitution of the
State whose government is republican
majority basic rights that
in form, that is, whose government is protect minority from
democratic in the sense of American majority
constitutionalism Majority can impose Majority cannot take
Republic its will on the away certain
minority inalienable rights
representative government run by and
for the people
not a pure democracy where people
govern themselves directly
Article XIII: SOCIAL JUSTICE AND HUMAN
RIGHTS
Social justice
embodiment of the principle that those
who have less in life should have more
in law
legal bias in favour of those
underprivileged
Goal: to reduce and not remove
inequalities because inequalities by
themselves are not evil. Cultural
inequalities are evil and must be
removed
Route to achieve social justice
o Regulation of the acquisition,
ownership, use, and disposition
of property and its increments
o Congress should create
economic opportunities based
on freedom of initiative and
self-reliance
ARTICLE XVI (4-6)
The Armed Forces of the Philippines
Protector of the people and the state
Goal: to secure the sovereignty of the
state and the integrity of the national
territory
Shall consist of:
o Citizen armed force- undergo
training and are reverted to
inactive service but are
assigned to a unit to which they
maybe called when needed
o Regular force- kept in active
duty
Members should be imbued
o Not only with a patriotic and
nationalistic spirit; expertise in
the technical and martial
aspects of military science
o But also with deep respect for
peoples rights
Commanded not to engage directly or indirectly
in any partisan political activity, except to vote
Rule on prohibiting extension of service:
to prevent demoralization of junior
officers who cannot go up in rank
because of the extension of senior
officers
Spread out the recruitment of officer
proportionately among provinces: to
prevent creation of regional blocs
within the military
In times of war or national emergency
declared by Congress, the President
may extend tour of duty
One Police Force
2 police forces: (during adoption of 1987 consti)
1. Municipal and city police forces
2. National police force (Philippine
Constabulary)
Philippine Constabulary
o Dual character
o Both national police force and
military force
o Members are given option to
join either National Police Force
or to be integrated into the
military armed force
Day to day function of police
o Crime investigation and control
o Traffic control, etc. (under
operational control of local
executives)
o Larger admin matters:
standardization of pay,
professional training, crime lab
(under national police)
Philippine National Police (PNP)

o Civillian police force

o Governed by RA 6975
o Subject to jurisprudence of the
Civil Service Commission

RA 6975

o Did not abolish the Integrated

National Police (INP)
o Provided for absorption,
transfer, and/or merger of the
INP, as well as other offices PC-
INP w/ PNP

ARTICLE XV (THE FAMILY)

Family- basic social institution

Marriage

o Inviolable social institution

o Union formalized by legal or
religious sanction
o State should:
Protect and strengthen
the family as the basic
autonomous social
institution,
And marriage as the
foundation of the
family

*Protection of the state should never mean

dominance

INTERGENERATIONAL RESPONISIBILITY

Right of the present generation to sue

in its behalf and behalf of the
succeeding generations for the
protection of the environment
Essence: responsibility to discharge our
role as trustee and guardian of the
environment for the generations to
come