GENERAL PRINCIPLES AND STATE POLICIES REPUBLICANISM
Sec. 1, Article 2 of 1987 Constitution state wherein all government authority
emanates from the people and is The Philippines is a democratic and exercised by representatives chosen by republican state. Sovereignty resides in the the people people and all government authority emanates essence: representation and from them. renovation, the selection by the Basic political creed of the nation citizenry of a corps of public It is incumbent on the people to functionaries who derive their mandate demand fulfilment of these govt duties from the people and act on their behalf, through the exercise of the right of serving for a limited period only, after suffrage which they are replaced or retained, at 1987 provisions written in the same the option of their principal. spirit as their counterparts in the 1935 purpose: promotion of the common and 1973; but there was an attempt to welfare according to the will of the distinguish PRINCIPLES from POLICIES people Principles- binding rules which must be Manifestations of Republicanism observed in the conduct of govt Policies- guidelines for the orientation 1. government of laws and not of men of the state 2. rule of majority (plurality in elections) Republican form of government (American 3. accountability of public officials constitution) 4. bills of rights Supreme power resides in the body of 5. legislature cannot pass irrepealable the people laws Purpose is to guarantee against 2 6. separation of powers extremes: REPUBLIC V DEMOCRATIC o Against monarchy and oligarchy o Against pure democracy REPUBLIC DEMOCRACY
Republican state (Philippine Constitution) Minority has no Has a written
protection over constitution of the State whose government is republican majority basic rights that in form, that is, whose government is protect minority from democratic in the sense of American majority constitutionalism Majority can impose Majority cannot take Republic its will on the away certain minority inalienable rights representative government run by and for the people not a pure democracy where people govern themselves directly Article XIII: SOCIAL JUSTICE AND HUMAN o But also with deep respect for RIGHTS peoples rights
Social justice Commanded not to engage directly or indirectly
in any partisan political activity, except to vote embodiment of the principle that those who have less in life should have more Rule on prohibiting extension of service: in law to prevent demoralization of junior legal bias in favour of those officers who cannot go up in rank underprivileged because of the extension of senior Goal: to reduce and not remove officers inequalities because inequalities by Spread out the recruitment of officer themselves are not evil. Cultural proportionately among provinces: to inequalities are evil and must be prevent creation of regional blocs removed within the military Route to achieve social justice In times of war or national emergency o Regulation of the acquisition, declared by Congress, the President ownership, use, and disposition may extend tour of duty of property and its increments One Police Force o Congress should create economic opportunities based 2 police forces: (during adoption of 1987 consti) on freedom of initiative and self-reliance 1. Municipal and city police forces 2. National police force (Philippine ARTICLE XVI (4-6) Constabulary) The Armed Forces of the Philippines Philippine Constabulary Protector of the people and the state o Dual character Goal: to secure the sovereignty of the o Both national police force and state and the integrity of the national military force territory o Members are given option to Shall consist of: join either National Police Force o Citizen armed force- undergo or to be integrated into the training and are reverted to military armed force inactive service but are Day to day function of police assigned to a unit to which they maybe called when needed o Crime investigation and control o Regular force- kept in active o Traffic control, etc. (under duty operational control of local Members should be imbued executives) o Not only with a patriotic and o Larger admin matters: nationalistic spirit; expertise in standardization of pay, the technical and martial professional training, crime lab aspects of military science (under national police) Philippine National Police (PNP)
o Civillian police force
o Governed by RA 6975 o Subject to jurisprudence of the Civil Service Commission
RA 6975
o Did not abolish the Integrated
National Police (INP) o Provided for absorption, transfer, and/or merger of the INP, as well as other offices PC- INP w/ PNP
ARTICLE XV (THE FAMILY)
Family- basic social institution
Marriage
o Inviolable social institution
o Union formalized by legal or religious sanction o State should: Protect and strengthen the family as the basic autonomous social institution, And marriage as the foundation of the family
*Protection of the state should never mean
dominance
INTERGENERATIONAL RESPONISIBILITY
Right of the present generation to sue
in its behalf and behalf of the succeeding generations for the protection of the environment Essence: responsibility to discharge our role as trustee and guardian of the environment for the generations to come