Professional Documents
Culture Documents
PRINCIPLES
Section 1. The Philippines is a democratic
and republican State. Sovereignty resides in
the people and all government authority
emanates from them.
A state is a community of persons more or less numerous
permanently occupying a definite portion of territory
independent of external control and possessing an organized
government to which a body of inhabitants render habitual
obedience.
Four requirements for a government:
People
Territory
Sovereignty
Government
State = legal concept / Nation = ethnic concept
2 function of Govt
o
CONSTITUENT compulsory
o
MINISTRANT constitute the very bonds of
society
People v. Gozo
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
RATIONALE:
So
the
Assembly
can
subject
them
to
political
responsibility by making
them stand up in the
midst and account for
their conduct of office.
Government/Cabinet consists of
the political leaders of the majority
party
PM exercises undisputed
supremacy
over
his
ministerial colleagues.
Power
is
lost
when
majority withdraws its
support
Majority
of
the
parliament
members = men of intelligence,
integrity, and experience. PARTY
DICSIPLINE!
Presidential If the independent power holders,
government and parliament, are kept separated but
are constitutionally obligated to corporate for the
formation of the will of the state, interdependence is
achieved by coordination.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
Mark of Sovereignty
The MoS clause is, in capsule form, the description of a
soldiers vocation. The soldier is supposed to renounce
political ambition because he finds nobility and dignity and
honor in being the guardian of the people and of the integrity
of the national territory of a legitimate government. This is
not a principle, which once articulated, creates the reality
that it seeks to describe. To keep the dream of civilian
supremacy alive, two elements are needed: a civilian
government that is both legitimate and stable, and an armed
force of the highest professionalism.
Section
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
fulfillment thereof, all citizens may be
required, under conditions provided by law,
to render personal, military or civil service.
Compulsory military and civil service; protection of
people and State
STATE POLICIES
Section 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.
An Independent foreign policy
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
Oposa v. Factoran
Section 19. The State shall develop a selfreliant and independent national economy
effectively controlled by Filipinos.
MARINE
RADIO
COMMUNICATIONS
ASSOCIATION V. REYES Article II, Section 20 is
no more than an acknowledgement of the
importance of private initiative in building the
nation. However, it is not a call for official abdication
of duty to citizenry
Section 22.
promotes the
communities
national unity
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
Communication
Policy-includes
within
its
scope
COMMERCIAL TELECOMMUNICATIONS, MASS MEDIA,
and ADVERTISING. This section is concerned with the
AVAILABILITY and REACH of communication facilities.
The State may exercise its authority TO MAINTAIN a
PROPER COMMUNICATION ENVIRONMENT by ordering a
PRIVATE telephone company to allow interconnection.
e.g.
Philippine
Long
Distance
Telecommunications Commissions:
Co.
vs.
National
PROVINCES, CITIES, MUNICIPALITIES, and BARANGAYSfixed as the standard TERRITORIAL and POLITICAL
SUBDIVISIONS of the Philippines
AUTONOMOUS REGION-a BODY CORPORATE consisting of
provinces, cities, and municipalities. Creation of other
autonomous regions can only be accomplished by
CONSTITUTIONAL AMENDMENT.
The right of PROVINCES, CITIES, MUNICIPALITIES,
BARANGAYS, and AUTONOMOUS REGIONS to exist as the
TERRITORIAL and POLITICAL SUBDIVISIONS of the state
is no longer just a STATUTORY RIGHT
but a
CONSTITUTIONAL RIGHT.
Salient Criteria for AUTONOMY:
(1) AUTONOMY should be compatible with
GOALS
NATIONAL
the
FUNCTIONS
of
POLITICAL
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
through
SYSTEM
OF
to
exact
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.
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