Article 2

Declaration of Principles and State Policies

Myrish T. Cadapan-Antonio, marcky and miggy antonio big boys 5 years oldLL.B, LL.M.
Lckf vl,3/Silliman University College of Law

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QUIZ
Our Constitution poses a clear ban on
nuclear weapons while international law
does not clearly state so. (t or f)
What is the states right to call on ablebodied men to defend national security?
The CMT program is constitutional. Men
of the state must be prepared for battle.
(t or f)
Our Constitution adopts the principle of
incorporation of international treaties. (t
orf)

The unborns entitlement to protection

begins upon birth. (t or f)
The equality of women and men before
the law is a new provision. (t or f)
Local autonomy is a concept which
stretches the _________ power of the
President over local governments, to
prevent an imperium in imperio.
A public office is a public ______.
The states inherent right to protect
minors is called _______ ________.

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

Are government owned or controlled corporations within the km

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See legitimacy of the Aquino government in the case of Lawyers
League vs. Aquino, G.R. No. 73748, May 22, 1986)

The Philippines renounces aggressive wars and adopts

generally accepted principles of international law and adhers
to the policy of peace, equality, justice, freedom , cooperation
and amity with all nations. (See Tanada vs. Angara)

 Principle of incorporation vs. autolimitations

Agustin vs. Edu
Law on alarms and signals consistent with 1968
Vienna Convention. We must uphold treaty
obligations under the principle of pacta sunt
servanda.

Civilian authority is supreme over the military.

Vox populi est suprema les
Armed forces must protect the sovereignty of the

state and the integrity of the national territory

The prime duty of government is to serve and

protect the people.
Posse Comitatus
National Defense Law (See People vs. Lagman, 66

Phil 13)
See Marcos vs. Manglapus, G.R. No. 85211, Sept.
15, 1989- prohibition on return of Marcos on
national security reasons

The people should enjoy the blessings

of democracy.
The separation of the church and state
shall be inviolable.
Discussed under Section 5 of the Bill of

Rights
Closely related to the exercise of the
freedom of religion
Usually regarded as a paper-provision
because of the powerful influence of the
Church in governmental affairs
Usually
refers
to
secularization
of
government
See US cases on flag burning

STATE POLICIES

Independent Foreign Policy (7)d,,d m, bv,

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Nuclear-free Philippines (8)
Anti-Poverty (9)
Social Justice (10)
Human life and human rights (11)
Sanctity of family life (12)
Youth in nation building (13)
Women in nation building (14)

Balance and healthful ecology

Intergenerational equity

Education,
science
and
technology,
arts/culture/sports
Labor as a primary social economic forcel,k
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Presidential Decree 442 (Labor Code of the

Philippines)- tilts the scale of justice in favor of

labor

Self-reliant
economy

and

independent

national

Private sector and private investments

Rural development and agrarian reform
Republic Act 6657- Comprehensive Agrarian

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Covers all types of private lands

Indigenous cultural minorities

Non-government organizations
Communication and information in
national building
Local government autonomy
Republic Act 7160-Local Government Code of

1991

 Decentralization vs. devolution

Equal access to public service and antidynasty

Anti-graft and corruption
TransparencyCX,,
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Civilian observers in public procurement

under the 2003 Procurement Reforms Code

Public bidding of all government contracts
Statement
of Assets and Liabilities
annually of all government officials and
employees

BAR QUESTIONS

The Constitution distinguishes between

two types of GOCCs- with or without
original charter. Please make any
distinction on the following areas as
regards these corporations
Rule

prohibiting
appointment
the
appointment
to
certain
government
positions of the spouse and relatives of the
president

Rule making it incompatible for

members of congress to hold offices or
employment in the government
Rule prohibiting members of ConCom
to be interested in a contract with a
GOCC
Rule prohibiting post-audit by COA on
certain government corporations
Rule
on
standardization
of
compensation of government officials

DISCUSS CASES
READ ARTICLES IV AND V
CLASS ON SATURDAY 130-5 PM