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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
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.
Manifestations of a democratic and republican state
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;
. The observance of the law on public officers.SECTION 1 6) Manifestations of a democratic and republican state 7) 8) The observance of the principle that the legislation cannot pass irrepealable laws. The observance of the principle that the State cannot be sued without its consent.
SECTION 1 Manifestations of a democratic and republican state Sovereignty implies the supreme authority to govern. . 2) Exercised directly through suffrage. 1) Exercised indirectly through public officials. being sovereign people have the right to constitute their own government. to change it. and define its jurisdiction and powers. thus the Filipino people.
expressly recognizing the people’s right to revolt against an oppressive or tyrannical government is not necessary and proper .SECTION 1 Right of the people to revolt Section 1 above impliedly recognizes that the people. as the ultimate judges of their destiny. however. can resort to revolution as a matter of right. A provision in the Constitution.
SECTION 2 Section 2. equality. justice. cooperation. adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace. freedom. . and amity with all nations. The Philippines renounces war as an instrument of national policy.
China decided to launch an all out attack to the Philippines. Can the Philippines engage in war? .SECTION 2 Case Analysis With the conflict in the claim of Spratleys intensifying.
when provoked and attacked the Philippines can retaliate and engage into war.SECTION 2 Renunciation of war as an instrument of national policy 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.
SECTION 2 Adoption of the generally accepted principles of international law as part of our law 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 .
.SECTION 2 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.
regardless of race. and political system. creed. and cooperation. ideology. . on the basis of mutual trust.. etc.SECTION 2 Adherence to the policy of peace. with all nations The Philippines seeks only peace and friendship with her neighbors and all countries of the world. respect.
SECTION 3 Section 3. Civilian authority is. at all times. supreme over the military. Its goal is to secure the sovereignty of the State and the integrity of the national territory. The Armed Forces of the Philippines is the protector of the people and the State. .
SECTION 3 Supremacy of civilian authority over the military 1) Inherent in a republican system A safeguard against military dictatorship 2) .
SECTION 4 Section 4. to render personal. 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. under conditions provided by law. military or civil service. in the fulfillment thereof. all citizens may be required. .
” . The government exist for the people and not the people for the government.SECTION 4 Prime duty of the Government “… the foremost duty of the government is to serve and protect the people.
The defense of the State is one of the duties of a citizen. . For self-preservation and to defend its territorial honor and integrity. the Philippines can engage in a defensive war.SECTION 4 Defense of the State by the people against foreign aggression …the government may call upon the people to defend the State.
SECTION 4 Military and civil service by the people 1) 2) 3) 4) Defense of the State performed through an army Compulsory Personal By law .
like as workers in munition factories. .SECTION 4 Meaning of “civil service” The term refers to any service for the defense of the State other than as soldiers.
and property.SECTION 5 Section 5. . the protection of life. and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. liberty. The maintenance of peace and order.
security. etc.SECTION 5 Maintenance of peace and order. and a life of dignity are established and maintained. Only when peace and order. will political stability and economic prosperity become attainable and the people truly enjoy the “blessings of independence and democracy.” .
.SECTION 6 Section 6. The separation of Church and State shall be inviolable.
which are the exclusive concerns of the other. in purely matters of religion and morals.SECTION 6 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 man’s life and the State. .
aid all religions. or prefer one religion over another. The State cannot set up a church.” 1) 2) 3) The State shall have no official religion. nor aid one religion.SECTION 6 Meaning of “establishment of religion clause. Every person is free to profess belief or disbelief in any religion. . whether or not supported with funds.
and The State cannot punish a person for entertaining or professing religious beliefs or disbeliefs.” 4) 5) Every religious minister is free to practice his calling. .SECTION 6 Meaning of “establishment of religion clause.
properties devoted exclusively to religious purposes. Other provisions/laws a) Our Constitution and laws exempt from taxation. .SECTION 6 No hostility towards religion 1) 2) Preamble – The command that Church and State be separate is not to be interpreted to mean hostility to religion.
or government orphanage or leprosarium. preacher. minister. or dignitary as such is assigned to the armed forces. Optional religious instruction in public elementary and high school is by constitutional mandate allowed.SECTION 6 No hostility towards religion b) c) The use of public money or property is not prohibited when a priest. . or to any penal institution.
and The law punishes polygamy and bigamy. and certain crimes against worship are considered crimes against the fundamental laws of the State.SECTION 6 No hostility towards religion d) e) 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.
The State shall pursue an independent foreign policy. territorial integrity. national interest.STATE POLICIES Section 7. . In its relations with other states the paramount consideration shall be national sovereignty. and the right to selfdetermination.
.SECTION 7 Foreign Policy of the Philippines 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.
SECTION 7 Foreign Policy of the Philippines 1) Formulation and conduct of foreign policy. 2) . Foreign policy is but a reflection and an instrument of domestic policy. They are not only mutually consistent but complementary. The president formulates our foreign policy principally with the help of the Department of Foreign Affairs An instrument of domestic policy. the former being dictated by the latter.
a) . a) An independent foreign policy means one that is not subordinate or subject to nor dependent upon the support of another government. it is not one that completely rejects advice or assistance from without.SECTION 7 Foreign Policy of the Philippines 3) Pursuit of an independent foreign policy. An independent foreign policy. however.
ideology and social system and to promote as much beneficial relationship with them particularly in economic and trade activities. our basic foreign policy objective is to establish friendly relations with all countries of the world regardless of race. religion. .SECTION 7 Foreign Policy of the Philippines In general .
and the right to selfdetermination. In its relations with other states.SECTION 7 Foreign Policy of the Philippines 4) Paramount consideration. . the paramount consideration of the Philippines shall be national sovereignty. national interest. territorial integrity.
.SECTION 8 Section 8. adopts and pursues a policy of freedom from nuclear weapons in its territory. The Philippines. consistent with the national interest.
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. a rising standard of living.SECTION 9 Section 9. promote full employment. and an improved quality of life for all. .
. promote full employment. and an improved quality of life for all.SECTION 9 Just and dynamic social order 1) Policies necessary to be pursued – adequate social services. a rising standard of living.
.SECTION 9 Just and dynamic social order 2) 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.
the State must give preferential attention to the welfare of the less fortunate members of the community. In the fulfillment of this duty. The State shall promote social justice in all phases of national development. those who have less in life .SECTION 10 Social justice Section 10.
The State values the dignity of every human person and guarantees full respect for human rights.SECTION 11 Section 11. .
” These rights are protected or guaranteed because of the belief in the inherent dignity and basic moral worth of every human person .SECTION 11 Human dignity and human rights …the individual enjoy certain rights which cannot be modified or taken away by the lawmaking body.
principally the rights to life.SECTION 11 Human dignity and human rights .the human person is the end of every social organization… The value accorded to human dignity is measured by the extent of respect for human rights. liberty . . and property..
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. 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 .SECTION 12 Section 12. It shall equally protect the life of the mother and the life of the unborn from conception.
It shall inculcate in the youth patriotism and nationalism. . and social well-being.SECTION 13 Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical. and encourage their involvement in public and civic affairs. spiritual. intellectual. moral.
Section 15. The State recognizes the role of women in nation-building. and shall ensure the fundamental equality before the law of women and men. The State shall protect and promote the right to health of the people and instill health consciousness among them. .SECTION 14 AND 15 Section 14.
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.SECTION 16 Section 16. .
culture. accelerate social progress. .SECTION 17 Section 17. The State shall give priority to education. and sports to foster patriotism and nationalism. and promote total human liberation and development. arts. science and technology.
Section 19. The State affirms labor as a primary social economic force. . It shall protect the rights of workers and promote their welfare. The State shall develop a selfreliant and independent national economy effectively controlled by Filipinos.SECTION 18 Section 18.
.SECTION 20 Section 20. and provides incentives to needed investments. encourages private enterprise. The State recognizes the indispensable role of the private sector.
SECTION 21 Section 21. . The State shall promote comprehensive rural development and agrarian reform.
. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.SECTION 22 Section 22.
SECTION 23 Section 23. community-based.or sectoral organizations that promote the welfare of the nation. The State shall encourage non-governmental. .
SECTION 24 Section 24. . The State recognizes the vital role of communication and information in nation-building.
.SECTION 25 Section 25. The State shall ensure the autonomy of local governments.
SECTION 26 Section 26. . and prohibit political dynasties as may be defined by law. The State shall guarantee equal access to opportunities for public service.
SECTION 27 Section 27. . The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.
the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.SECTION 28 Section 28. Subject to reasonable conditions prescribed by law. .