Preamble –derived from Latin “preambulare” (to walk before) A.
A. In the view of the new Constitution the Philippines is not only a representative or
WE, THE SOVEREIGN FILIPINO PEOPLE, IMPLORING THE AID OF ALMIGHTY GOD, IN
ORDER TO BUILD A JUST AND HUMANE SOCIETY AND ESTABLISH A GOVERNMENT THAT
SHALL EMBODY OUR IDEALS AND ASPIRATIONS, PROMOTE THE COMMON GOOD,
CONSERVE AND DEVELOP OUR PATRIMONY, AND SECURE TO OURSELVES AND OUR
POSTERITY THE BLESSINGS OF INDEPENDENCE AND DEMOCRACY UNDER THE RULE OF
LAW AND A REGIME OF TRUTH, JUSTICE, FREEDOM, LOVE, EQUALITY AND PEACE, DO
ORDAIN AND PROMULGATE THIS CONSTITUTION.
 The Preamble is not a source of rights or of obligations, it sets down the origin, scope,
and purpose of the Constitution
 The phrase "common good" projects the idea of a social order that enables every citizen
to attain his or her fullest development economically, politically, culturally, and
spiritually. The phrase "general welfare" was avoided because it could be interpreted as
"the greatest good for the greatest number" even if what the greater number wants
does violence to human dignity, as for instance when the greater majority might want
the extermination of those who are considered inferior.
Q. What is the import of "the rule of law?"
A. This expresses the concept that government officials have only the authority
given them by law and defined by law, and that such authority continues only with the
consent of the people. The statement is: "Ours is a rule of law and not of men."
SECTION 1. THE PHILIPPINES IS A DEMOCRATIC AND REPUBLICAN STATE. SOVEREIGNTY
RESIDES IN THE PEOPLE AND ALL GOVERNMENT AUTHORITY EMANATES FROM THEM.
Q. What is the function of the "Declaration of Principles and State Policies" in
the Constitution?
A. The "Declaration of Principles and State Policies" is a statement of the basic
ideological principles and policies that underlie the Constitution. As such, the provisions
shed light on the meaning of the other provisions of the Constitution and they are a guide
for all departments of the government in the implementation of the Constitution.
A republican state is a state wherein all government authority emanates
from the people and is exercised by representatives chosen by the people.
The essence of republicanism is representation and renovation
Purpose: promotion of the common welfare according to the will of the people
Q. Why is the Philippines also called a "democratic state" by the new
Constitution?
republican state but also shares some aspects of direct democracy such as "initiative and
referendum" in Article VI, Section 32, and Article XVII, Section 2. The word "democratic"
is also a monument to the February Revolution which re-won freedom through direct
action of the people.
Manifestations of a democratic and republican state
a. Existence of bill of rights
b. Observance of the rule of majority
c. Observance of the principle that ours is a govt of laws and not men
d. Presence of elections through popular will
e. Observance of principle of separation and system of checks and balances
f. Observance of Congress’ non passage of irrepealable laws
g. Observance of law on public officers
h. Observance of the principle that a State cannot be sued without its consent
SEC. 2. THE PHILIPPINES RENOUNCES WAR AS AN INSTRUMENT OFNATIONAL POLICY,
ADOPTS THE GENERALLY ACCEPTED PRINCIPLES OFINTERNATIONAL LAW AS PART OF
THE LAW OF THE LAND AND ADHERES TO THE POLICY OF PEACE, EQUALITY, JUSTICE,
FREEDOM, COOPERATION, ANDAMITY WITH ALL NATIONS.
BASIS: In accordance with the UN charter binding all members “ to refrain in their
international relations the threat or use of force against territorial integrity or political
independence of the state
Q. What kind of war is renounced by the Philippines?
A. Aggressive, not defensive, war.
Congress with the concurrence of 2/3 of all its members, voting separately, may declare
the existence of a state of war
Treaty has the same weight as a statute
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
Q. How is the principle of civilian supremacy institutionalized?
A. The principle is institutionalized by the provision which makes the President,
a civilian and precisely as civilian, commander- in-chief of the armed forces. But this does
not mean that civilian officials are superior to military officials. Civilian officials are
superior to military officials only when a law makes them so.

SEC. 4. THE PRIME DUTY OF THE GOVERNMENT IS TO SERVE ANDPROTECT 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 and self-preservation
The phrase "under conditions provided by law" in the second
sentence also emphasizes the primacy of serving the interest of the
people and protecting their rights even when there is need to defend the
State.
The duty of the government to protect the State CANNOT BE PERFORMED EXCEPT
THROUGH AN ARMY.
“To leave the organization of an army to the will of the citizens would be to make this
duty of the government excusable should there be no sufficient men who volunteer to
enlist therein
The service must be “personal” and cannot be accomplished through another
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.
International Law can be a part of the sphere of the domestic law either by
transformation or incorporation.
Transformation- method requires that an intl law be transformed into a domestic law
thru a constitutional mechanism such as local legislation
Incorporation – by mere constitutional declaration, intl = domestic law
SEC. 6. THE SEPARATION OF CHURCH AND STATE SHALL BE INVIOLABLE.
The term “church” in the Constitution refers to all faiths
The State cannot set up a Church whether or not supported with public funds ,nor iad one
religion, aid all religions. (Art. VI, Sec. 29)
The State cannot punish a person for entertaining or professing religious belief or
disbeliefs.
Our Constitution and laws exempt from taxation properties devoted exclusively to
religious purposes (Art. VI, Sec. 28)
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.
Foreign policy is the basic direction underlying the conduct by a State of of its affairs vis-
à-vis of other States. It is a set of guidelines followed by a government of a country in
order to promote its national interest through the conduct of its relations with other
countries.
The President formulates our foreign policy with the help of the Department of Foreign
Affairs.
Q. In the conduct of the nation's foreign relations, what principles must guide the
government? "
A. The government must maintain an independent foreign policy and give paramount
consideration to national sovereignty, territorial integrity, national interest, and self-
determination.
SEC. 8. THE PHILIPPINES, CONSISTENT WITH THE NATIONAL INTEREST, ADOPTS AND
PURSUES A POLICY OF FREEDOM FROM NUCLEAR WEAPONS IN ITS TERRITORY.
Q. What is the constitutional policy on nuclear weapons?
A. The Constitution prescribes a policy of freedom from nuclear weapons. The policy
includes the prohibition not only of the possession, control, and manufacture of nuclear
weapons but also nuclear arms tests. Exception to this policy may be made by the political
departments; but it must be justified by the demands of the national interest, ("consistent
with the national interest.") But the policy does not prohibit the peaceful uses of nuclear
energy.