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GENERAL PRINCIPLES AND STATE POLICIES REPUBLICANISM

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


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

Social justice Commanded not to engage directly or indirectly


in any partisan political activity, except to vote
embodiment of the principle that those
who have less in life should have more Rule on prohibiting extension of service:
in law to prevent demoralization of junior
legal bias in favour of those officers who cannot go up in rank
underprivileged because of the extension of senior
Goal: to reduce and not remove officers
inequalities because inequalities by Spread out the recruitment of officer
themselves are not evil. Cultural proportionately among provinces: to
inequalities are evil and must be prevent creation of regional blocs
removed within the military
Route to achieve social justice In times of war or national emergency
o Regulation of the acquisition, declared by Congress, the President
ownership, use, and disposition may extend tour of duty
of property and its increments
One Police Force
o Congress should create
economic opportunities based 2 police forces: (during adoption of 1987 consti)
on freedom of initiative and
self-reliance 1. Municipal and city police forces
2. National police force (Philippine
ARTICLE XVI (4-6) Constabulary)
The Armed Forces of the Philippines Philippine Constabulary
Protector of the people and the state o Dual character
Goal: to secure the sovereignty of the o Both national police force and
state and the integrity of the national military force
territory o Members are given option to
Shall consist of: join either National Police Force
o Citizen armed force- undergo or to be integrated into the
training and are reverted to military armed force
inactive service but are
Day to day function of police
assigned to a unit to which they
maybe called when needed o Crime investigation and control
o Regular force- kept in active o Traffic control, etc. (under
duty operational control of local
Members should be imbued executives)
o Not only with a patriotic and o Larger admin matters:
nationalistic spirit; expertise in standardization of pay,
the technical and martial professional training, crime lab
aspects of military science (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