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ARTICLE II

DECLARATION OF PRINCIPLES
AND STATE POLICIES
PRINCIPLES

Section 1. The Philippines is a democratic


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

It embodies some features of a pure or direct


democracy such as
initiative, referendum, and recall.
SECTION 1
Manifestations of a democratic and republican state

1) The existence of a bill of right;


2) The observance of the rule of majority;
3) The observance of the principle that ours is
a government of laws, and not of men;
4) The presence of election through popular
will;
5) The observance of the principle of
separation of powers and the system of
checks and balances;
SECTION 1
Manifestations of a democratic and republican state

6) The observance of the principle that the


legislation cannot pass irrepealable laws;
7) The observance of the law on public
officers;
8) 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, thus the Filipino people, being
sovereign people have the right to constitute
their own government, to change it, and
define its jurisdiction and powers.
1) Exercised indirectly through public officials.

2) Exercised directly through suffrage.


SECTION 1
Right of the people to revolt

Section 1 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 people’s right to revolt against an
oppressive or tyrannical government is not
necessary and proper
SECTION 2

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, cooperat
ion, and amity with all nations.
SECTION 2
Case Analysis

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?
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, when provoked and attacked
the Philippines can retaliate and engage into
war.
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.
SECTION 2
Adherence to the policy of peace, etc., with all
nations

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.
SECTION 3

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.
SECTION 3
Supremacy of civilian authority over the military

1) Inherent in a republican system

2) A safeguard against military dictatorship


SECTION 4

Section 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.
SECTION 4
Prime duty of the Government

“… 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.”
SECTION 4
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
Military and civil service by the people

1) Defense of the State performed through an


army
2) Compulsory
3) Personal
4) By law
SECTION 4
Meaning of “civil service”

The term refers to any service for the defense


of the State other than as soldiers, like as
workers in munition factories.
SECTION 5

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.
SECTION 5
Maintenance of peace and order, etc.

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.”
SECTION 6

Section 6. The separation of Church and


State shall be inviolable.
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,
in purely matters of religion and morals,
which are the exclusive concerns of the
other.
SECTION 6
Meaning of “establishment of religion clause.”

1) The State shall have no official religion;


2) 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;
3) Every person is free to profess belief or
disbelief in any religion;
SECTION 6
Meaning of “establishment of religion clause.”

4) Every religious minister is free to practice


his calling; and
5) The State cannot punish a person for
entertaining or professing religious beliefs or
disbeliefs.
SECTION 6
No hostility towards religion

1) Preamble – The command that Church and


State be separate is not to be interpreted to
mean hostility to religion.
2) Other provisions/laws
a) Our Constitution and laws exempt from
taxation, properties devoted exclusively to
religious purposes;
SECTION 6
No hostility towards religion

b) 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;
c) Optional religious instruction in public
elementary and high school is by constitutional
mandate allowed;
SECTION 6
No hostility towards religion

d) 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; and
e) The law punishes polygamy and bigamy, and
certain crimes against worship are considered
crimes against the fundamental laws of the
State.
STATE POLICIES

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.
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. The


president formulates our foreign policy principally
with the help of the Department of Foreign Affairs

2) 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.
SECTION 7
Foreign Policy of the Philippines

3) Pursuit of an independent foreign policy.

a) An independent foreign policy means one that


is not subordinate or subject to nor dependent
upon the support of another government.

a) An independent foreign policy, however, it is


not one that completely rejects advice or
assistance from without.
SECTION 7
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.
SECTION 7
Foreign Policy of the Philippines

4) 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.
SECTION 8

Section 8. The Philippines, consistent


with the national interest, adopts and
pursues a policy of freedom from nuclear
weapons in its territory.
SECTION 9

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.
SECTION 9
Just and dynamic social order

1) Policies necessary to be pursued –


adequate social services, promote full
employment, a rising standard of living, and
an improved quality of life for all.
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.
SECTION 10
Social justice

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

Section 11. The State values the dignity of


every human person and guarantees full
respect for human rights.
SECTION 11
Human dignity and 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
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, principally the rights to life, liberty
, and property.
SECTION 12

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
SECTION 13

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 AND 15

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.

Section 15. The State shall protect and


promote the right to health of the people
and instill health consciousness among
them.
SECTION 16

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.
SECTION 17

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.
SECTION 18

Section 18. The State affirms labor as a


primary social economic force. It shall
protect the rights of workers and promote
their welfare.

Section 19. The State shall develop a self-


reliant and independent national economy
effectively controlled by Filipinos.
SECTION 20

Section 20. The State recognizes the


indispensable role of the private
sector, encourages private
enterprise, and provides incentives to
needed investments.
SECTION 21

Section 21. The State shall promote


comprehensive rural development and
agrarian reform.
SECTION 22

Section 22. The State recognizes and


promotes the rights of indigenous cultural
communities within the framework of
national unity and development.
SECTION 23

Section 23. The State shall encourage


non-governmental, community-based,or
sectoral organizations that promote the
welfare of the nation.
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. The State shall guarantee


equal access to opportunities for public
service, and prohibit political dynasties as
may be defined by law.
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.
SECTION 28

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.

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