FUNDAMENTAL PRINCIPLES AND STATE POLICIES Preamble y First person to deepen the sense of involvement and participation of individual

citizens in ordaining the consti y The Filipino people in 1935 constitution is remote, impersonal and abstract. y Enumerates the primary aims and expresses the aspiration of the framers in drafting the constitution. y Useful as an aid in the construction and interpretation of the text of the constitution. Republicanism y Section 1, Article II y Democratic and representative nature of our government y Proclaims our hostility to autocratic or totalitarian government. People are declared SUPREME. y Republic y representative government, a government run by and for the people. y Not a pure democracy where the people govern themselves directly. y Representation and renovation y at all times, accountable to people? y Sworn to serve y Main Purpose: promotion of the common welfare according to the will of the people themselves. y Sovereignty is author and source of law y Rule of majority The Defense of the State y Section 4, Article II y Inherent right of state to existence and self-preservation y State may take up all necessary action, including the use of armed force to repel any threat to its security. y Security shall be composed of citizen armed force which shall undergo military training and serve, as may be provided by law (Pertinent law--CA No. 1, National Defense Act) y Duty of state is imposed upon all citizens, including women, and the military or civil service that may be required of them by law must be personal. y As for those who have religious scruples about taking human life, accommodation can probably made by assigning them to non-combat or civil duties. Peace and Order y Section 5, Article II y Inspired by American declaration of independence. y Speaks for itself.

The Incorporation Clause y Section 2, 7, 8 of Article II y State is bound by the generally accepted principles of international law. y Doctrine of Incorporation- state is bound by the generally accepted principles of international law, which are automatically part of its own laws. Supreme Court, uses international laws as basis pag wala pang statutes made for their cases they prosecute. y Pacta sunt servanda y Municipal law vs International law if laws can be harmonized, then harmonize it. If not, y Provisions underline our fear of foreign domination Rearing of the Youth y Section 12, Article II y The better the home, the better the nation y Family is seen as fundamental factor in the enhancement of a better nation. y Strength of family lies in the correct upbringing of its children. y Government and family have complementary roles in rearing the youth. y Policy against Abortion y Provision is not closing the door on divorce (left in legislature). y Prescribing and prohibiting courses in various field of curricula (Rizal s novels) y Section 13, Article II-reaction to the upsurge of student activism. Vital force of youth in nation building. Women y Section 14, Article II y Overturning of of the tradition conferring upon men the position of head of the family Social Justice y Section 9, 10, 11, 18, 21 Article II y Acute imbalance between rich and poor problem y Social Justice is not equality but protection y Social Justice is attained through Humanization of laws and equalization of social economic forces by the state so that justice in its rational and objectively secular conception may at least be approximated. y Promotion of welfare of all people y Salus populi est suprema lex Separation of Church and State y Section 6, Article II y Strong fences make good neighbors y Delineate boundaries to avoid encroachments because of misunderstanding.

y A union of state and church tends to destroy government and degrade religion. Result to conspiracy y The influence of religion is deeply felt and highly appreciated by the state. Supremacy of Civilian Authority y Section 3, Article II y Allay military take-over of our civilian government. y Military Establishment is the physically strongest force. y May put in their hands the authority by constituted leaders. Local Autonomy y Section 25, Article II y Jeffersonian View muncicipal corporations are the small republics from which the great one dervies its strength. y Autonomy by letting them develop their human and natural resources. Economy y Sec 19, 20, 21 y Desire of framers to clutter the constitution Miscellaneous y Sec. 15, 16, 17, 22, 23, 28

Blending of Powers y The great ordinances of the constitution do not establish and divide fields of black and white. Even the more specific of them are found to terminate in a penumbra shading gradually from one extreme to another Judge Holmes y Example: General Appropriations Law. Grant of Amnesty. Checks and Balances y One department is allowed to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by other departments. y Theory: the ends of the government are better achieved through the exercise by its agencies of only the powers assigned to them, subject to reversal in proper cases by those constitutionally authorized. y Ex. President s veto power. Congress may limit jurisdiction of SC. Judiciary, declare invalid acts done by both bodies. The Role of Judiciary y Represent the constitution y Power to impeach-executive y Power to try and decide impeachment cases-congress y Judiciary-power o remove judges of inferior courts y Doctrine of Implication-based on theory that the grant of an express power carries with it all other powers that may be reasonably inferred from it. (Angara vs Electoral Commission) y Power to Punish Contempt-can be exercised by legislative though judiciary in nature. y Congress-punish witnesses for contumacy. y President-may deport undesirable aliens as an act of state.

SEPARATION OF POWERS y Judiciary, strengthened. Power of Executive lessened and Legislature increased authority. ( Marcos Experience) y Commission on Appointments and creation of Judicial Bar Council. y Electoral Tribunals (judge in relating to election contests, returns and qualification of members) restored. y Doctrine is observed not only because it is regarded as a characteristic of republicanism but also for the reason that major powers of government are distributed by constitution among several departments and Constitutional Commission. Purposes y Prevent concentration of authority in one person or group of persons that may lead to an irreversible eror or abuse in exercise to the detriment of republican institutions. y Secure action, forestall overaction, prevent despotism and obtain efficiency. y Interdependent. Hindi dapat nag-aaway away. HAHA. y Impulse of common purpose declares a union.

Justiciable and Political Questions y When there is no compliance with a voting requirement prescribed by fundamental law; statute granting tax exemption is enacted by less than majority of congress or appointee of the President is unqualified, Courts will have JURISDICTION to intervene. y Justiciable Question- implies a a given right legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law, for said breach of right. (Justice Makasiar). Talks of LEGALITY of an action. y Discretion of another department- the nature of the question becomes political. y Political Questions- considerations affectin wisdom, efficacy or practicability of law should come under the

congress. Such as other provisions in the constitution ( other high crimes ). A question of policy. Question which are to be decided by the people in sovereign capacity. Concerned with issues dependent upon wisdom , not legality of a particular measure. Application of the doctrine y READ BOOK!