ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES

Selected principles

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

Elements of a State (for municipal law purposes) CODE: PTSG

1. A community of persons, more or less numerous (PEOPLE)
2. Permanently occupying a definite portion of territory (T ERRITORY)
3. Independent of external control ( S OVEREIGNTY)
4. Possessing an organized government to which the great body of inhabitants render habitual
obedience (G OVERNMENT)

Definition of “People” CODE: CNCH

1. A Community of persons;
2. Sufficient in N umber;
3. Capable of maintaining the continued existence of the community; and
4. Held together by a common bond of law.

Definition of “Sovereignty”
1. LEGAL sovereignty
1. The supreme power to make law.
2. It is lodged in the people.

1. POLITICAL sovereignty
1. The sum total of all the influences in a state,
2. Legal and non-legal,
3. Which determine the course of law.

Definition of “Government”
1. That institution or aggregate of institutions
2. by which an independent society
3. makes and carries out those rules of action
4. which are necessary to enable men to live in a social state
5. or which are imposed upon the people forming that society by those who possess the power or
authority of prescribing them.

Classification of governments
1. De jure – one established by the authority of the legitimate sovereign
2. De facto – one established in defiance of the legitimate sovereign

Definition of “Republican State”

It is one wherein all government authority emanates from the people and is exercised by
representatives chosen by the people.

Definition of Democratic State

This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and
referendum.

Sec. 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, cooperation, and amity with all nations.

Kind of war renounced by the Philippines

The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does not
renounce defensive war.
Some “generally accepted principles of international law” recognized by the Court:
1. Right of an alien to be released on bail while awaiting deportation when his failure to leave the
country is due to the fact that no country will accept him (Mejoff v. Director of Prisons, 90 Phil. 70)
2. The right of a country to establish military commissions to try war criminals ( Kuroda v. Jalondoni, 83
Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)
Amity with all nations
This does not mean automatic diplomatic recognition of all nations. Diplomatic recognition remains a
matter of executive discretion.

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.

Civilian authority/supremacy clause (1 sentence)

1. Civilian authority simply means the supremacy of the law because authority, under our constitutional
system, can only come from law.
2. Under this clause, the soldier renounces political ambition.

Mark of sovereignty (2 and 3 sentences)

1. Positively, this clause singles out the military as the guardian of the people and of the integrity of the
national territory and therefore ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military abuses.

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.

Sec. 5. The maintenance of peace and order, the protection of life, liberty and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the blessings of
democracy.

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