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Art II.

Declaration of
Principles & State
Policies
(Philippine 1987 Constitution)

Learning Objectives
To understand the importance of Article II
of the 1987 Constitution
To master the Philippines basic principles
and state policies; and
To know how these principles and state
policies can be applied in the day-to-day
workings of the government.

Brief Outline of Art II.


I. Republicanism (Sec. 1)
II. Defense of the State (Sec. 4)
III. Peace & Order (Sec. 5)
IV. Incorporation Clause (Secs. 2, 7 & 8)
V. Rearing of the Youth (Secs. 12 & 13)
VI. Women (Sec. 14)
VII. Social Justice (Secs. 9-11, 18 & 21)
VIII. Separation of Church and State (Sec. 6)
IX. Supremacy of Civilian Authority (Sec. 3)
X. Local Autonomy
XI. Economy (Secs. 19-21)
XII. Miscellaneous (Secs 15, 16, 17, 22-28)

Rationale
Intended to lay down the rules underlying
our system of government and must
therefore be adhered to the conduct of
public affairs and resolution of public
issues.
Emphasize and articulate more equivocally
the objectives and limitations of
governmental actions in the pursuit of
general goals announced in the Preamble.

PRINCIPLES

Sec. 1.
The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government
authority emanates from them.

REPUBLICANISM
A Representative government It is a responsible government
whose officials hold and discharge their position as a public trust
and shall, according to the constitution, at all times be
accountable to the people.

Establishes the democratic and representative nature of our


government and proclaims our hostility to autocratic or totalitarian
regimes.

The people in particular the CITIZENS are declared SUPREME as the


repository of sovereignty .
SALUS POPULI EST SUPREMA LEX!
(The will of the people is the supreme law.)

Two Essence of Republicanism


1.) Representation (selection by the citizenry
/derive mandate from the people)
2.) Renovation (service for a limited time only
after which they are to be replaced)

Right of the people to REVOLT stressed!


The people as the ultimate judges of their
destiny and may therefore stage a revolution as
a matter of right. This need not be provided in
the constitution because this is as well as an
inherent right.

Sec. 2.
The Philippine renounces war as an instrument of national
policy, adopts the generally accepted principles of international
law as part of the law of the land & adheres to the policy of
peace, equality, justice, freedom, cooperation, & amity with all
nations.
Renunciation of Wars
Offensive Wars not Defensive Wars
Congress is not to declare war but the existence of the state of
war presumably commenced by the enemy state. (Refer to Sec.
23(1), Art VI)
Doctrine of Incorporation
- Every state by reason of its membership in the family of
nations, are bound by the generally accepted principles of
international law, & these (Intl Laws) are thus considered
automatically part or incorporated into its own laws.

Sec. 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.
An implicit principle in a republican government.
The goal is to eradicate fears of a military takeover of our civilian government.
The president (who is a civilian) is the
Commander-in-Chief of the Armed Forces of the
Philippines. (Please refer to Sec. 18, Art VII.)

Sec. 4.
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.
Basis: inherent right of every State to existence & selfpreservation. (Read in relation to Art. XVI, Sec. 4.)
Therefore a State may take up all necessary action, including
the use of armed force to repel any threat to its security.

Duty to defend the State


Must be imposed upon all citizens including women. The Military
or Civil service that may be required from them must be
personal.

Sec. 5.
The maintenance of peace and order, the
protection of life, liberty, and property,
and the promotion of general welfare are
essential for the enjoyment by all the
people of the blessings of democracy.
End Goal:
Political Stability & Economic Prosperity
(Blessings of independence & democracy)

Sec. 6.
The separation of Church and State shall be
inviolable.

Rationale: Strong fences make good neighbors. BUT this is not a


wall of hostility!
church officials are also citizens who are entitled to give their own
opinions about socio-economic & pol. Issues.
In all aspect of our lives, it must not be detached from morality
because the body & soul are one.

It simply means:
To avoid encroachment
Render unto Caesars the things that are Caesars & unto God the
things that are Gods.
A union of Church & State tends to destroy govt & degrade religion.

Policies

Sec. 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.

First State Policy


Deals with the state to state relationship in
political science. As the Philippines deals with
other states, the issue of both internal and
external sovereignty may be at stake.
Take note of the four paramount considerations in
our dealings with other states.

Sec. 8.
The Philippines, consistent with the
national interest, adopts and pursues a
policy of freedom from nuclear weapons
in its territory.

FREEDOM FROM NUCLEAR


WEAPONS POLICY!

Sec. 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.

Social Justice Provision


Those who have less in life must have more in LAW.
-Ramon Magsaysay
Recognition of the serious problem of poverty (the
unequal distribution of wealth)

Sec. 10.
The State shall promote social justice in all
phases of national development.

Social Justice Provision


The Anti-Development State (Walden Bello)
Acute imbalance bet. the rich & poor & the
resultant divisiveness & hostility between them.
Life of the poor an unending cycle of drudgery
& toil --- a ceaseless struggle for survival.

Sec. 11.
The State values the dignity of every
human person and guarantees full respect
for human rights.

Social Justice Provision


Basic principle behind Art. III on the Bill
of Rights.

Sec. 12.
The State recognizes the sanctity of the 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.

Kindred ties are especially close in the Philippines


making the family a fundamental and important factor
in the enhancement of the nation.

Theory: Better the home = Better the


Nation
The strength of the nation lies in the
correct upbringing of its children.
Complementary Roles of the parents and
the govt in rearing the youth for purposes
of civil efficiency and the development of
the moral character.
No to DEATH Bills pending in Congress
(Divorce, Euthanasia, Abortion, and
Trans-Homo sexual marriage.

Sec. 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 wellbeing. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public
and civic affairs.
Recognition of the responsibility, maturity &
competence of the youth in the discussion & solution of
public issues & consequently begin to accord greater
recognition to them as a vital force in nation building.
Rationale behind SANGGUNIANG KABATAAN (SK)
Ideally, to make them fully prepared when they will
assume their responsibility as leaders of the nation.

Sec. 14.
The State recognizes the role of women in
nation-building, and shall ensure the
fundamental equality before the law of
women and men.

A recognition of the
Proven capabilities & competence of Filipino
women
Expansion of womens role
Equality with men BEFORE the law (not
absolute equality)

Sec. 15.
The State shall protect and promote the
right to health of the people and instill
health consciousness among them.

RIGHT OF THE PEOPLE TO


HEALTH.
Ex. Oplan Bakuna, etc.

Sec. 16.
The State shall protect and advance the right
of the people to balanced and healthful
ecology in accord with the rhythm and
harmony of nature.

Sustainable Development
Pertains to the paths of human progress which
must meet the needs and aspirations of the
present generation without compromising the
ability of the future generation to meet their
needs. (Brundtland Commission, WCED, 1987)

Sec. 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.

Priority to education, science and


technology, arts, culture and
sports.

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

Social Justice Provision


LABOR as a primary social economic
force.

Sec. 19.
The State shall develop a self-reliant and
independent national economy effectively
controlled by Filipinos.

Self-reliant and
independent economy.

Sec. 20.
The State recognizes the indispensable
role of the private sector, encourages
private enterprise, and provides
incentives to needed investments.

Role of private sector in


Society

Sec. 21.
The State shall promote comprehensive
rural development and agrarian reform.

Social Justice Provision


Comprehensive Agrarian Reform
Program (CARP)

Sec. 22.
The State recognizes and promotes the
rights of indigenous cultural communities
within the framework of national unity
and development.

Rights of the Indigenous


Cultural Communities

Sec. 23.
The State shall encourage nongovernmental, community-based, or
sectorial organizations that promote the
welfare of the nation.

Non-governmental,
community-based or sectoral
organizations

Sec. 24.
The State recognizes the vital role of
communication and information in nationbuilding.

Role of Communication and


Information in nation-building.

Sec. 25.
The State shall ensure the autonomy of local
governments.

This is the Constitutional basis of our being a Semi-Unitary government.


This is realized with the passage and full implementation of the Local
Government Code of the Philippines which basically grants autonomy
to the local government units.
Basic Principles:
Decentralization & Devolution of Powers
Rationale: GRASSROOTS Participation
Vitalization of the LGUs
Will enable its inhabitants to develop their resources & thereby contribute
to the program of the whole nation.

Sec. 26.
The State shall guarantee equal access to
opportunities for public service, and prohibit
political dynasties as may be defined by law.
As a consequence
Limitation of terms of office
Prohibition against political dynasty
but not yet implemented because Congress
until now (intentionally?) failed to create a
law to this effect.
Able to READ and WRITE qualification.

Sec. 27.
The State shall maintain honesty and
integrity in the public service and take
positive and effective measures against
graft and corruption.

Public Office is a PUBLIC


TRUST!

Sec. 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.

Public Office is a PUBLIC


TRUST!

References
De Leon, Hector (2011). Textbook on the
Philippine Constitution. Philippines: Rex
Bookstore. Pp. 32-37.

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