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Part 6

STATE PRINCIPLES

Section 1 Philippines is Democratic and Republican Our political system is a representative democracy. Our system employs the principle of republicanism in that the powers of our government are exercised by public officials chosen in periodic elections by the electoral body. Manifestation of a Republican State 1. The existence of a Bill of Rights. Bill of Rights refers to the enumeration of rights of individual covering practically all aspects of his political, civil, social, cultural and economic rights. 2. The observance of the principle that ours is a government of laws and not of men. It means that our state observe the rule of law. 3. The observance of the principle that the legislature cannot pass irrepealable laws. 4. The observance of popular election through the rule of the majority.

5) The observance of the principle of separation of power and the system of checks and balances. 6) The observance of the law on public officers and offices. 7) The observance of the principle that the State cannot be sued without its consent. In general sense, one cannot sue an entity, which gives him the right to sue. Exemptions are: a) Implied Consent. Whenever a government sues a private entity or commences litigation against another, it impliedly gives its consent to counter sue or whenever the government enters into a business contract and violates some proprietary agreement, the state can be sued. b) Expressed Consent. Example: under Article 2189 of the Civil Code, it says Provinces, cities, and municipalities shall be liable for damages for the death of, or injuries suffered by any person by reason of the defective conditions of roads, streets, bridges, public buildings and other public works under their control or supervision. Still, the court determines the liability of the State in conformity with the established law.

Section 2 Peace is an Instrument of National Policy Our country renounces war as an instrument of national policy and adopts the generally accepted principles of international law to form part of the Constitution and abide by the custom of peace, freedom, justice, cooperation, equality and friendship with all nation-states. Section 3 Supremacy of the Civilian Authority The supremacy of civilian authority over the military is an inherent characteristic of republicanism. Section 4 To serve and protect the people Our government must protect the people from lawless violence and undesirable elements of the society and must likewise secure the people from external aggression or attack by another State.

Section 5 Maintenance of Peace and Order The Constitution ordains the creation of one police force that shall be national in scope and civilian in character and controlled by a national commission. Section 6 Separation of the State and Church The State ensures and promotes purely political matters and shall not intervene in the affairs of the church. The church must not regret the authority of the State and should not likewise interfere with matters inherent in the political powers of the State.
The Separation Principle is reinforced by: 1) Freedom of Religious clause 2) Non-establishment of religious clause 3) No Religious test clause 4) No sectoral representative from religious sector 5) Prohibition against appropriation for sectarian benefits 6) Religious denominations and sects cannot be registered as political parties

STATE POLICIES
Section 7 Independent Foreign Policy for Self Determination Our country shall pursue international relations as a response to her independence, national pride and to assert her political right as part of the global community of nations to co-exist. Section 8 Policy of Nuclear Non-Proliferation Our government prohibits the installation, sales, manufacturing and use of any nuclear arms. It shall prohibit the storage, the transit of any nuclear landed ships or aircrafts, and the dumping of nuclear products or wastes within our immediate territory. Section 9-10 Promotion of Dynamic Social Order and Social Justice in All Phases of National Development

Section 11 Dignity of a person and Respect for Human Rights In general, the government has the responsibility to respect and protect human rights of every individual. The State is not allowed to violate or prevent the exercise or enjoyment of ones rights and to fulfill what is due to an individual who inherently possesses this right. The Commission on Human Rights mainatain measures to protect human rights.
Section 12 Sanctity of the Family This reminds everyone that our country is a Christian nation that lives up with righteous morality and sensibility for our collective norms. Section 13-14 Youth and Women in Nation-Building This is a recognition of the vital role of youth in nation-building. By reason of equality, the Constitution extends important concerns to women, recognizing their tremendous potential to contribute in nation-building

Section 15-16 Right to Health and Balanced Ecology This is a recognition that health is wealth and a healthy breeds a healthy and prosperous national economy. Section 17 Priority to Education to Foster Nationalism This is a recognition that education, science and technology, sports and culture must be prioritized by the state to foster patriotism, accelerate social progress and promote total human liberation and development.
Academic Freedom: freedom of the teacher or research worker in higher institution of learning to investigate and discuss the problem of his science and to express his conclusions, whether through publication or in the instruction of students, without interference from political or ecclesiastical authority, or from administrative officials of the institution in which he is employed, unless his methods are found by qualified bodies of his profession to be clearly incompetent or contrary to professional duties.

Section 18 Labor as Primary Social Force This is in recognition that labor is a primary social economic force. There ought to be shared responsibility between workers and employers and a preferential use of voluntary modes in settling disputes, including conciliation.
The Constitutional rights of labor are the following: 1. Right to self-organization 2. Right to Security of tenure 3. Right to strike in accordance with law 4. Right to its just share in fruits of production 5. Right to collective bargaining and negotiation 6. Right to peaceful and concerted activities 7. Right to humane conditions of work and living wages; and 8. Right to participate in decision-making process affecting them.

Section 19 Self-Reliant and Independent National Economy It is of paramount concern for Filipinos to develop a self-reliant and independent national economy that they control The goals of the national economy are: 1. More equitable distribution of opportunities, income and wealth; 2. A sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and 3. An expanding productivity as the key raising the quality of life for all, especially the underprivileged.
Section 20-22 Private Sector, Rural Development and the Cultural Communities The state recognizes the role of the private sector in nationbuilding. It promotes a comprehensive development program for rural communities and encourages the indigenous communities to participate in national development.

Section 23 Non Government Organizations/Peoples Organizations NGOs are organized to protect the interest of the poor, underserved and marginalized groups in society. POs are groups that are organized in order to respond to their interests and concerns. Section 24-25 Communication and Local Autonomy This is in recognition of the vital role communication and information plays in nation building. With regard to local autonomy, the government already approved RA 7160 or the Local Government Code of 1991. Section 26-28 Public Service Values Honesty and Integrity There must be equal access to opportunities for public service. Political dynasties must be prohibited. Accountability and transparency are inherent element in governance Public Office is a Public Trust.