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ARTICLE 2: DECLARATION OF STATE PRINCIPLES AND POLICIES

Sec.1: The Philippines is a democratic and republican State. Sovereignty


resides in the people and all government authority emanates from them.

State- community of persons, more or less numerous, permanently occupying


definite portion of territory, independent of external control and possessing an
organized government to which a great body of inhabitant render their habitual
obedience.
Elements of a State
1. People- inhabitant of State, self-sufficient to defend themselves and small
enough to be easily administered and sustained.
2. Territory- fixed portion of a surface of the earth inhabited by the people of
State ( Art 1 of the Ph.)
Open sea- international water not subject to the sovereignty of any State.
Everyone state has the equal right of use in them.

Sec. 2- RA 9522
- Regime of Islands under Ph consistent with Art 3 of the
UNCLOS
1. Kalayan Islands Group- PD no 1596
2. BAjo de Masinloc, aka known as Scarborough Shoal
Re: Loss of Maritime are and prejudicing livelihood subsistence
- The demarcation enables PH to delimit its EEZ reserving
solely to the PH the exploitation of all living and nonliving
resources within the zone. It binds the interntional
community.
- However there is still freedom of navigation over these.
Inclusions
1. Ceded to the us through Treaty of Paris
2. Defined in the treaty between US and Spain not defined in the Treaty
of Paris
3. Treaty between US and Great Britain Trtle Island and MAngsee
Islands
4. Batanes covered under 1935 Constitution
5. Belonging to the Ph by historic rights and legal title.
Definitions
o Subsoil – everything between the surface soil and the seabed
including mineral resources
o Seabed- land that holds the sea, lying beyond the seashore,
including mineral and natural resources
o Insular shelves- submerged portion of the continent or other
islands
o Other submarine areas- all areas under territorial sea (
seamount, trough, trench, basin, deep, bank, and reef)
3. Government- The agency or instrumentality through which the will of the
State is formulated, expressed, and realized.
Functions
1. Constituent Functions- constitution the very bonds of the society and
therefore compulsory. (KFRDDAD)
a. Keeping of order and providing for the protection of persons and
property from violence and robbery
b. Fixing of legal relations between husband and wife and between
parents and children
c. Regulation of the holding, transmission, and interchange of
property, and determination of its liabilities for debt or for crime.
d. Determination of contractual rights between individuals
e. Definition of justice in civil cases
f. Administration of political duties, privileges, and relations of
citizens; and
g. Dealings of the State with foreign powers, the preservation of the
State

2. Ministrant Function- undertaken to advance the general interest of


the society such a public work, pub charity, and regulation of trade
and industry.
Doctrine of Parens Patriae- Government acts as guardian of the rights
of the people.
Classification of Gov’t
1. De Jure- government establish by authority of legitimate sovereign.
2. De Facto- government established in defiance of legitimate sovereign
a. Gov’t that gets possession and control of, usurps, by force of
voice of majority.
b. Gov’t established and maintained by invading the military force.
c. Establish as an independent gov’t by the inhabitants of the
country who rise in insurrection.
3. Sovereignty- supreme and uncontrollable power inherent in the State
by which that State is governed.
- Supreme authority to govern.
- Filipino people have the right to constitute their own government, to
change it, and to define its jurisdiction and powers.
Political Sovereignty- the sum total of the influences of the State’s legal
and non-legal, which determines the course of law.
- Exercised indirectly through public officials
- Exercised directly through suffrage.

Republican Government- government by representatives chosen by the people


at large/ representative government.
- Run by the people
- The essence is representation and renovation-.the selection by
the citizenry of a corps of public functionaries who derive their
mandate from the people and act on their behalf, serving for a
limited period only, after which they are replaced or retained at the
option of the principal.
- Ours is the government of law and not of men – no person is
above the law. All men must bow to its majesty
▪ Every official act must be based upon and conform
to the authority of a valid law, lacking which the act
must be rejected.
Essence
- Indirect Rule- People establish government to govern
themselves.
▪ Highest and lowest officials are servants and not
masters. They can only exercise the power
delegated to them by the people who remain as the
ultimate sources of power and authority.
▪ Pubic officials shall be accountable to the people at
all times.
Purpose- the promotion of common welfare according to the will of
the people themselves.
rule of majority- example- election ng Senate president at
House Speaker
rule of plurality- example – national election hindi kailangan
majority votes oara manalo
Democratic- government by people
1. Initiative - It is the reserved power of the people to directly
propose and enact laws at polls called for the purpose
independently of Congress or of a local legislative body.
o The power of the people to propose amendments to the
Constitution or to propose and enact legislation called for the
purpose (R.A. No. 6735, § 3(a))
Three Types of Initiative (CSL)
1. Initiative on the Constitution - A petition proposing
amendments to the Constitution.
2. Initiative on Statutes - A petition proposing to enact a
national legislation.
3. Initiative on Local Legislation - A petition proposing to enact
a regional, provincial, city, municipal, or barangay law,
resolution or ordinance (R.A. No. 6735, § 3(a))

2. Referendum - the process by which any act or law or part


thereof passed by Congress or by a local legislative body is
submitted to the people for their approval or disapproval.
i. The power of the electorate to approve or reject
legislation through an election called for the purpose
(R.A. No. 6735, § 3(c))
Two Classes of Referendum (R.A. No. 6735, § 3(c); Local
Government Code, § 126.)
1. Referendum on statutes - petition to approve or reject
an act or law, or part thereof, passed by Congress
2. Referendum on local laws - legal processes whereby
the registered voters of the local government units may
approve, amend or reject any ordinance enacted by the
Sanggunian
Initiative Referendum
Power of the people to propose bills Right reserved to the people to adopt
and laws, and to enact or reject them or reject any act or measure which
at the polls independent of the has been passed by a legislative body
legislative assembly and which in most cases would
without action on the part of electors
become a law
Entirely the work of the electorate Begun and consented to by the law-
making body
A process of law-making by the Consists merely of the electorate
people themselves without the approving or rejecting what has
participation and against the wishes of been drawn up or enacted by a
their elected representatives legislative body

Manifestations of Democratic Republican


1. Bill of Rights
2. Rule of Majority
3. Principal that ours Government of Law and not of People
4. Presence of elections through popular will
5. Principles of Separation of powers and check and balance
6. Legislature can’t pass irrepealable laws
7. Observance of the Laws on public officers
8. State Immunity- State cannot be sued without its consent.’
9. People’s right to question the factual basis foe the suspension of
the privilege of the writ f habeas corpus or declaration of martial
law.
10. People can directly propose and enact law or approve or
reject any act or law or part thereof
11. People can directly propose amendment to the Constitution
by initiative
12. Sec 4, Art 3
Right to revolt- as Sec 1 recognizes that the people as the ultimate jdges
f destiny can resort to revolution as a matter of right
Why not written?
1. Being an inherent right, it exists whether such right is
embodied in the Constitution and, regardless of the
Constitution, a people will revolt if sufficiently provoked by
oppression or abuses.
2. A constitution in a democratic State enshrines the rule of law
and, therefore, any allusion to the right of violent or armed
revolution (which connotes an act committed beyond the
framework of the rule of law) would be inconsistent with the
concept of a constitution.
3. It would also not speak well of the political stability of the
State because such a provision connotes that there is a distinct
possibility that the time may come when the people have to
revolt against tyranny.
4. In any case, in a democratic society where the consent of the
governed is regularly expressed through open debates and free
elections, "prudence, indeed, will dictate that Governments
long established should not be changed [through revolution 1
for light and transient causes.
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, equally, justice,
freedom, cooperation, and amity with all nations. (Doctrine of
Incorporation)

Part 1: Renunciation of War- We can declare that we are under state of war
but not declare war.

▪ No to aggressive war
▪ Yes to defensive war or defense of national honor and integrity.
- concurrence 2/3 of all the members of the Congress voting separately,
may declare the existence of a state of war. – Art 6, Sec 23 (1)
- A generally accepted principle of international law- United Nations
Charter

Part 2: Doctrine of Incorporation- Generally accepted principles of


International Laws form part of the Laws of the land.
- Treaties through transformation- may declare the existence of
war
- 2/3 of the Congress votes- declare the existence of war
- Treaties have greater dignity over Executive Agreement
- Generally accepted principles of International Laws can be relied
upon even in interpreting legislation or issuances.
International Law- body of rules and principles which governs
the relations of nations and their respective people in the
intercourse with one another
1. The Int. usages or the customs of civilized nations are given
effect by our courts in the absence of any treaty, exec order,
legislative at, or judicial decision.
ii. Example: Fisihing· boats belonging to an enemy are not
subject to seizure in time of war.
2. Consti gives treaty the same weight of a statue
iii. In case of conflict between treaty and statute- the prior
act is superseded by the later one. the treaty is repealed
or abrogated as part of the law of the land but it still
subsists as an engagement of the Philippines, although it
may not be enforceable by our courts. The other State
may only present its complaint to the political organs (
President and Congress).
3. Constitution prevails over treaties
Pucta Sunt Servanda- a generally accepted int’l law should be observed
in good faith.

Doctrine
Doctrine of Transformation Doctrine of Incorpoation
International law be transformed By mere constitutional
into domestic law through a declaration, international law is
constitutional mechanism such as deemed to have force of domestic
local legislation law.
- Treaties become part of the - Renunciation of war as an
law of the land (Art 7, Sec 21 instrument of National Policy
of Ph Consti – 2/3 of the - Sovereign Immunity
members of the senate - Right to life, liberty, and due
process
- Pacta sunt servanda

Situations:
Conflict between municipal and international law= efforts should be
made to harmonize them so as to give effect to both. Municipal law is
presumed to be enacted with proper regard to generally accepted rules of
international law.
Irreconcilable conflict- it should be the statute that should be upheld
because it represented an exercise of the police power which being
inherent could not be bargained aways or surrendered thorough the
medium of a treaty. Inchong case.
Treaty vs Executive Agreements- treaty has a greater dignity
because the constitutional efficacy is beyond doubt, a treaty having
behind it the authority of the President, the Senate and the people; a
ratified treaty unlike executive agreements takes precedence over any
prior statutory enactment.
Part 3: Adherence to the Policy of Peace with all Nations
- shows a positive attitude on the part of the Philippines toward the
observance of the principles of the United Nations Charter and to
universally accepted rules and principles of international law.
- 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.
- supports the right of all nations, big and small, to equality, freedom,
and justice in their relations with one another and the policy of non-
interference and peaceful settlement of international disputes and
opposes the use of force, or the threat of force, in the relations among
nations.
- The Constitution does not imply. however, that the Philippines is
duty bound to extend diplomatic r recognition to all nations. (see Sec.
7.)
- Supports rights of all nations to equality, freedom, justice, and policy
of interference and peaceful settlement at the international display
and opposes the use of force.
Cases-
Kuroda vs Jalandoni- jurisdiction of military commission
3. Contend in PH is not covered by Hague Convention
Inchong v Hernandez- Int’l law vs municipal law
Pharmaceutical, Health Care Assoc v Health Sec- int’l law can be part
of our aw by transformation or incorporation
a. Transformation- int’l law be transformed into domestic
law.
b. Incorporation- constitutional declaration. Int’l law is to
have force of domestic law.
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.
- Inherent in a republican state even in the idle of martial law and in the
suspension of the privilege of writ of Habeas Corpus.
- A safeguard against the military dictatorship
a. Chief Executive issues orders to the armed forces.
b. Even an appointment of their high-ranking officers is vested in
the President with the consent of the Commission on
Appointments of Congress (Ibid., Sec. 16.)
c. Along with Congress, the President determines the military
budget and defines the national policy on defense and security.
d. Includes the president’s power to prevent military personnel
from testifying in the legislative inquiries and to confirm,
mitigate and remit sentences of erring military personnel.
AFP- constitutional mandates
1. Protector of the people and the State to secure the
sovereignty of the State and the integrity of the national
territory.
2. Art XVI s5- ensures professionalism of AFP and
insulates it from partisan politics
3. Directs the State to "strengthen the patriotic spirit and
nationalist consciousness of the military, and respect
for people's rights in the performance of their duty."
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 fulfilment thereof, all citizens may be required, under
conditions provided by law, to render personal military or civil service.
- 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.
- The term "people" may also include aliens since they are likewise
subject to regulations adopted by the government for the defense
of the State.
- Both in the time of peace and war.
- Government exists for the people
- Pursue and implement the State Policies mandated IN Sec 7-28.
- 1935 and 1973- Prime Duty: Defend the State- taken from the
constitution Spanish Republic)

Defense of State- for self-preservation and defense of territorial honor


and integrity
- Based upon the inherent right of every State to existence of self-
preservation.
- State may take up all necessary actions including the use of armed
force, to repel any threat to its security.
- AFP- be composed of a citizen armed force which shall undergo
military training and serve as may be provided by law- CA 1 or
National Defense Act.

Civil Service- service for the defense of the State other than soldiers like
workers in ammunition factories.

By law- “ Under condition provided by law”- to avoid arbitrariness of


officers to require military and civil service.

Military and Civil Service


1. Defense of the State through an army- may call on people should
there be no sufficient men to enlist
2. Compulsory- the citizens may be compelled to render personal
military, or civil service. Religion is not an excuse, even to woman.
Any citizen recruited for army or civil service pursuant to law for the
defense of the State may not refuse on the ground of religion.
3. Personal- cannot hire/ contact others/ or render service through
another. No proxy

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.
4. For political stability and economic prosperity
5. For the enjoyment of the Blessings of independence and
democracy.
Sec 6: The separation of Church and State shall be inviolable.
6. Working harmoniously to secure the welfare of the people.
7. 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.
8. To delineate boundaries between the two institutions and thus
avoid encroachments by one against the other because of
misunderstanding of the limits of their respective exclusive
jurisdictions.
9. Fusion will tend to destroy the government and degrade religion.
Constitutional Provisions
1. Art 3 Sec 5- no law shall be made respecting the establishment of
religion, and prohibition of free exercise thereof.
2. Art 6 sec 29 (2)- No public money or property shall be
appropriated, applied, paid, or employed, directly or indirectly, for
the use, benefit, or support of any sect, church, denomination,
sectarian institution, or system of religion, or of any priest,
preacher, minister, or other religious teacher, or dignitary as such,
except when such priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal institution, or
government orphanage or leprosarium
3. Art 6 (3)- Charitable institutions, churches and parsonages or
convents appurtenant thereto, mosques, non-profit cemeteries, and
all lands, buildings, and improvements, actually, directly, and
exclusively used for religious, charitable, or educational purposes
shall be exempt from taxation.
4. Art 14 Sec 4 (2)- Educational institutions, other than those
established by religious groups and mission boards, shall be owned
solely by citizens of the Philippines or corporations or associations
at least sixty per centum of the capital of which is owned by such
citizens. The Congress may, however, require increased Filipino
equity participation in all educational institutions. The control and
administration of educational institutions shall be vested in citizens
of the Philippines.

Establishment of religion clause.


Accdg to Thomas Jefferson
1. State shall have no official religion
2. State cannot set up Church; whether or not supported with public
funds; nor aid one religion, aid all religions (see Art. VI, Sec. 29[2].),
or prefer one religion over another;
3. Every person is free to profess belief or disbelief of any religion.
4. Every religious minister is free to prad.ice his call ing
5. State cannot punish a person for entertaining religious beliefs of
disbeliefs.

No hostility towards religion


10. Religions instill he purest principle of morality.
Note:
1. Consti and law exempt religions from taxation properties devoted
exclusively to religious purposes (Art. VI, Sec. 28[3.1.);
2. The use of public money or property is not prohibited when a priest,
preacher, or dignitary as such is assigned to the armed forces, or to
any penal institution or government orphanage or leprosarium (Art.
VI, Sec. 29[2]. )
3. Optional religious instruction in Elem and HS is allowed (Art. XIV,
Sec. 3[3.1.);
4. Holidays: Th and F of Holy week, Christmas, Sundays
5. Law punishes polygamy and bigamy and certain crimes against
religious worship are considered crimes against the fundamental laws
of the State.
a. Art 132- Interruption of religious worship
b. Art 133- Offending against religious feelings
c.
STATE POLICIES
GUIDELINES FOR THE ORIENTATION OF STATE

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- set of guidelines followed by a gov’t of a country in order
to promote its national interest through the conduct of its relation with
other countries.
11. Congress shares with the President the responsibility of
formulating the country's foreign policy although the conduct
hereof primarily reposed in the executive department
12. Policy of flexibility and pragmatism guided by the welfare
and security of the RP.
Independent foreign Policy - means one that is not subordinate or
subject to nor dependent upon the support of another
government.
13. not one that completely rejects advice or assistance from
without.
14. Neither does it mean abandoning traditional allies or being
isolated from the international community
15. must have a global outlook in view of the deleterious effect
on the country's relations with other countries of a foreign poli
cy that revolves only on our relations with s elect members of the
international community
16. to establish friendly relations with all countries of the world
regardless of race, religion, ·ideology and social system and to
promote as much beneficial relations with them particularly in
economies and trade activities.
Paramount consideration in relation
1. National sovereignty
2. Territorial sovereignty
3. National interest
4. Right of self-determination

Who formulates?
Congress and President

Importance
1. An instrument of domestic policy- sole weapon of the State for the
promotion of National Interest in International affairs.
a. Foreign policy is a reflection and instrument of domestic policy.
a. Complementary.
2. Pursuit of Independent foreign policy-
17. One that is not subordinate, subject, dependent upon the
support of another government.
18. Not suggesting complete rejecting and abandonment of
traditional allies or being isolated if international community.
Objective:
1. To establish friendly relations with other countries and
promote a beneficial relation.
2. Make Ph reappraise of the conduct of foreign relations.
Sec 8. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory.

Freedom from nuclear weapon-


Right to self-determination- right of States to freely determine their political
status and freely pursue their economic, social, and cultural development
Internal self- determination-people’s pursuit of its political, economic, social,
and cultural development within the framework of an existing state.
External self- determination- the establishment of a sovereign and
independent State or the emergence into any other political status freely
determined by the people.

Prohibited: Not Prohibited

Making, storing, manufacture or The use of nuclear energy for


testing in our country of nuclear medicine, agriculture,
weapons, devices or parts thereof as and other peaceful or beneficial
well as the use of our territory as purposes. Congress will have to
dumping site for radioactive wastes provide the
and the transit within our territory of mechanics to effectively implement
ships or planes with nuclear Section 8
weapons.

XPN- “consistent with subject interest”


Meaning: If the national interest dictates, storing nuclear weapons in
our territory may be permitted at least on a transitory basis,
considering that it was not prohibited under the then existing military
bases agreement with the State whose validity and term of effectively
1. May mean depending on exigency
2. Reason for policy
Sec. 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.
Policies necessary to be pursued
1. policies that provide adequate social services (in the field of health,
education, housing, etc.)
2. Promote full employment (see Art. XII, Sec. 1, par. 2; Art. XIII, Sec. 3,
pa1· 1.),
3. a rising standard of living, and an improved quality of life for all.

Solving the problem of Mass poverty


- goal is to reduce the political and economic power of a privileged few by
equalizing widely differing standards and opportunity for advancement
and to raise the mass~~s of our people from their poverty to a qualitative
life worthy of human dignity.

SEC. 10. The State shall promote social justice in all phases of national
development.

Social Justice- is intended to promote equality. It the guiding principle to


abridge the gap between the rich and the poor. Social justice, even if one is the
poorest, cannot be invoked to trample the rights of other. The owner of the
land, no matter how idle it is, it is perfectly within his right.
1. Imbalance between the rich and the poor.
2. To give those with less privilege in life, more privilege in law.
3. Social Justice is the humanization of laws and the equalization of
social and economic forces by the State so that justice in its rational
and objectively secular conception may at least be approximated.
4. Salus populi est suprema lex- the welfare of the people is the
supreme law.
5. Article 2 sections 9, 11, 18, 21, and Art. 8

SEC. 11. The State values the dignity of every human person and
guarantees full respect for human rights.

- In pursuit of this constitutional policy, it is the duty of the State to


enact measures and develop programs that will promote human
dignity and protect the people from any threat of violence or use of
force or deception for the purpose of exploitation.
- Bill of Rights

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 of the
Government.

- Child and Youth Welfare Code


- RA 9344
- RA 9262- vawc

Rearing of the Youth

- Not only has given constitutional basis to the family as a basic


autonomous social institution, but in addition, mandates the State to
recognize the sacredness of family life and to strengthen the family.
- the government may not enact any law or initiate measures that
would break up or weak<m the family as a social unit, or in the guise
of protecting the family, interfere in purely internal family matters
which do not involve the social order or any public policy.
- FAMILY CODE
- once conceived, a child has a right to be born as well as the mother’s
life to be equally protected.
- The government, therefore, should equally share in the inherent right
and duty of parents in the training of their children to be good,
useful, and worthy citizens by giving them support to prepare their
children for future positions of responsibility and leadership.
- State should encourage rather than hinder .the operation of private
and parochial schools so long as these schools meet the secular
educational requirements which the government has the authority to
impose.
- Civic afficacy and development of moral character.
Protect the life of the mother and the life of the unborn from conception
- Policy against abortion
- Equal protection due the mother.
- Unborn child can be considered dependent.
- State can interfere in parents right under police power- through
schools
State shall:
1. have the power reasonably to regulate all schools,their teachers
and pupils
2. to require that all children of proper age attend school ,
3. that teachers shall be of good moral character and patriotic
disposition,
4. that certain studies plainly essential to good citizenship must be
taught.
Proper education
1. Humanistic
2. Vocational,
3. Moral
4. religious
5. civic
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.
19. This is a reaction to the upsurge youth activism that marked
the days prior to the adoption of the 1973 Constitution. This is a
recognition to the responsisibility, maturity, and competence of
the youth in the discussion and solution of public issues and
consequently began to accord greater recognition to them as a
vital force in nation building.
20. Youth today, more knowledgeable, and intelligent
21. Develop physically. morally, spiritually, intellectually, and
socially, in a wholesome and normal manner, and thus,
transform them into healthy, upright. intelligent, and useful
citizens and potential community leaders.
22. Inculcate patriotism and nationalism
23. Promote positive personal and social values
24. Encourage active involvement and participation in public
and civic affairs
25. In relation to Sec 5 (2) of Art 14.

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.

26. RA 9262

SECTION 15. The State shall protect and promote the right to health of
the people and instill health consciousness among them.

Health is the state of physical, social and mental well-being rather than
merely the absence of physical diseases.

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.
Ecology is that branch of science that deal with the study of the
interrelationships t1f living things (organisms, plants and animals! And their
environments.
1. rapid urbanization (migration of peopie from rural area.;; to
urban centers
2. industrial growth
3. population expansion,
4. natural resources utilization,
5. The use of modern technology,
6. and other socio-economic factors, and consequently,
Ratio: Many people today are unable to live in dignity as human beings
because they cannot acquire the necessary food, housing, health,
sanitation and education as a result of the deterioration of
the environment. The quality of life of the people cannot advance unless
the living environment is nurtured and valuable natural resources are
protected and preserved.
27. politkal, social, and economic growth and development are
crucially dependent upon the state of the human environment.

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. 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.

28. Presents the Constitutional] guidelines in the development of


the economy: economic self-reliance, independent national
economy, and effective Filipino control of the economy
29. RA 8762- Retail rade Liberalization ACt

SECTION 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed
investments.

Principle of subsidiary- the government should not enagage in particular


business activities which can be competently and efficiently undertaken by the
private sectors unless the latter is timid or does not to enter in specific
industry r enterprise.

30. Article 7 sections 1,2,6,10,16,17,18


31. Private sectors are the main engine of enterprise.
32. The Constitution does not favor an economy managed or
controlled by the State.
33. Government is often considered a poor manager. Controls
breed corruption and discourage business.

State is mandated to:

1. encourage private enterprise


2. provide incentives to needed investments, whether local or foreign.

SECTION 21. The State shall promote comprehensive rural development


and agrarian reform.

34. "Comprehensive rural development" covers all phases of


rural development- economic, social, political, cultural, and even
industrial
35. Article 13 and Sec 4-8 of Art 12

SECTION 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.

36. IPRA Law – RA 8371


37. Indigenous Cultural Communities" refers to those non-
dominant groups1 in our country which possess and wish to
preserve ethnic, religious, or linguistic traditions or
characteristics markedly different from the rest of the
population.
38. The State is bound to consider the customs, traditions,
beliefs and interests of indigenous cultural minorities in the
formulation and implementation of state policies and programs.

SECTION 23. The State shall encourage non-governmental, community-


based, or sectoral organizations that promote the welfare of the nation.

39. The State is required to encourage these organizations


because recent
events have shown that, under responsible leadership, they can be active
contributors to the political, social, and economic growth of the country.
40. Article XIII (Social Justice and Human Right;)

SECTION 24. The State recognizes the vital role of communication and
information in nation-building.

41. Mass media play a critical role in nation-building.


42. In a country like the Philippines composed of people with
diverse cultures, they can be an effective instrument in
promoting national integration and preserving Filipino values
and traditions
43. By educating the citizenry on important public issues, they
also help create a strong, vigilant and enlightened public opinion
so essential to the successful operation of a republican
democracy

SECTION 25. The State shall ensure the autonomy of local governments.

44. Article X
45. Local Government Code
46. Strengthening od the local government is based on the
Jeffersonian view that municipal corporations are the small
reoublic from which the great one derives its strength.

Vitalization of the LGU will enable its inhabitants to develop their


resources and thereby contribute to the progress of the whole
nation and they will acquire a deepend sense of involvement that
will encourage them to participate more actively in the direction of
public affairs as members of the body politic,

SECTION 26. The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by law.

47. Article VI and Sections 4, 5, and 7 and Article X


48. To enhance equal access to political opportunities although
they may not completely do away with the evils spawned by
political dynasties that proliferated i.1. the country in the past.
49. To democratize election and appointment to positions in the
government and eliminate a principal obstacle to "equal access
to opportunities for public service."
50. the State is expressly mandated to prohibit "political
dynasties. Congress has no discretion on the matter except
merely to spell out the meaning and scope of the term

SECTION 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.

51. the above provision was incorporated in the Constitution


because of revelations of "unprecedented magnitude" of graft and
corruption allegedly perpetrated by officials in the highest circle
of the government during a previous regime.
52. RA 3019
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.

53. Section 7 of the Bill of Rights


54. The policy covers all State transactions involving public
interest, i.e., transactions which the people have a right to know
particularly those involving expenditures of public funds.

Sec 13
Roles of Youth
1. More knowledgeable ad intelligent from 21-18 coting age
2. Constitute the reservoir as productive manpower.

PD no. 603- Child and Welfare Code

Self-executing Not Self Executing (mere legislatve


guides which absent enabling
legislation do not embody judicially
enforceable constitutional rights
Sec 16 “oposa v factoran, lagua All section. XPN: 16,15,28
lake dev’r authority vs CA – right to
balanced and healthful ecology
Sec 15- right to health Sec 5 - Peace and Order
Sec 28 – policy on public disclosure Sec 18
4- military and civil service
26
2- Incorporation Clause
8- Freedom from nub=clear weapon
12- Rearing of the Youth
14- women
9,10, - social justice
Section 3- civilian authority.
25- Local autonomy
22- promotion of right of
indigenous cultural communities

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