Article 2 declaration of principles and state policies Function: the basic ideological principle and policies that underlie

the constitution. The constitution and they are guide for all departments of the government in the implementation of the constitution. Principles: Sec1: the Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates them.

sovereignty of the state and the integrity of the national territory.

President, civilian, commander in chief of the armed forces. This does not mean that civilian officials are superior to military officials.

Sec4: 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 fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service.

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State- community of persons more or less numerous permanently occupying a definite control, and possessing an organized government to which the great body of inhabitants render habitual obedience. Four elements: people, territory, sovereignty, and government. Nation-an ethnic concept, for the purpose of constitutional law the two term are not distinct. People- community of persons sufficient in the number and capable of maintaining the continued existence of the community and held together by a common bond of law. Legal sovereignty- supreme power to affect legal interest either by legislative, executive or judicial action. Political sovereignty- the sum total of all the influences in the state, legal and no legal, which determine the course of law Republican state-state wherein all government authority emanates from the people and is exercised by representatives chosen by the people. Political change the transitions from the 1935 constitution to the 1973 constitution; and from 1973 to 1987 constitution involves changes of government but not of the state. The transition of president does not change the government but only the administration.

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Service to and protection of the people Under the condition provided by law- emphasizes the primacy of serving the interest of the people and protecting their rights even when there is need to defend the state.

Sec5: 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 blessing of democracy. Sec6: the separation of church and state shall be inviolable.

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No shall be made respecting an establishment of religion or prohibiting the free exercise thereof. The idea is to delineate the boundaries between two institutions and thus avoid encroachment by one against the other because of a misunderstanding of the limits of their respective exclusive jurisdiction. The doctrine cuts both ways. It is not only the state that is prohibited from interfering in purely ecclesiastical affairs; the church is likewise barred from meddling in purely secular matter. A union of the church and state, as aptly remarked tends to destroy government and degrade religion.

State policies: Sec7: the State shall pursue an independent foreign policy, in its relation with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

Sec2: 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, equality, justice, freedom, cooperation, and amity with all nation.

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Kind of war- aggressive but not defensive, war General accepted principle of international law- the right of alien to be released on bail while waiting for deportation when his failure to leave the country due to the fact that country will accept him; right of a country to establish military commission to try war criminals. Incorporated treaties and the duty to protect premises of embassies and legations. Amity with all nations is an ideal to be aimed at. Diplomatic recognition, however, remains a matter of executive discretion.

The government must maintain an independent foreign policy and give paramount consideration to national sovereignty, territorial integrity, national interest, and the right to self-determination.

Sec8: the Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

Sec3: civilian authority is at all times, supreme over the military. The armed forced of the Philippines is the protector of the people and the state. Its goals is to secure the

The constitution prescribes policy of freedom from nuclear weapons. The policy includes the prohibition not only of the possession, control, and manufacture of nuclear weapons but also nuclear arms tests. The policy policies does not prohibit the peaceful uses of nuclear energy. Any new agreement on bases of the presence of troops, if ever there is one, must embody the basic policy of freedom from nuclear weapons. Moreover, it would be well within the power of government to

demand ocular inspection and removal of nuclear arms. Sec9: 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, arising standard of living, and an improved quality of life for all. Sec10: the State shall promote social justice all phases of national development.

What it does is to give impetus to the removal, through statutes, of existing inequalities. The general idea is for the law to ignore sex where sex is not a relevant factor in determining rights and duties. Nor is the provision meant to ignore customs and traditions.

Sec15: The State shall protect and promote the right to health of the people and instill health consciousness among them. Sec16: 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.

Sec 9 and 10 they derive from the premises that poverty and gross inequality are major problems besetting the nation and that these problems assault the dignity of the human person. Social justice- the equalization of economic, political, and social opportunities with special emphasis on the duty of the state to tilt the balance of so cial forces by favoring the disadvantaged in life. It means justice for the common tao

The right of the people to a balanced and healthful ecology is an enforceable right.

Sec17: 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.

Sec11: the state values the dignity of every human person and guarantees full respect for human rights. Sec12: 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. Sec13: the state recognizes the vital role of the youth in nation-building and shall promote and promote and protect their physical, moral, spiritual, intellect ual, and social wellbeing. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in the public and civic affairs.

This does not mean that the government is not free to balance the demands of education against other competing and urgent demands

Sec18: The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. Sec19:The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. Sec20: The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. Sec21:The State shall promote development and agrarian reform. comprehensive rural

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Family- it simply means a stable heterosexual relationship. This is not an assertion that the life of t he unborn is placed exactly on the level of the life of the mother. When necessary to save the life of the mother, the life of the unborn may be sacrificed; but not when the purpose is merely to save the mother from emotional suffering, for which other remedies must be sought, or to spare the child from a life of poverty, which can be attended to by welfare institutions. The theory is that the better home, the better nation; and also that the strength of the families lies in the correct upbringing of its children. To defend the right of the children to assistance and special protection from all forms of neglect, abuse, cruelty, exploitation, and condition prejudicial to their development.

Labor as a primary social economic force means that human factor has primacy over non-human factors in production. Rights of workers See Art XIII

Sec22: The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. Sec23: The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation. Sec24. The State recognizes the vital role of communication and information in nation-building. Sec25: The State shall ensure the autonomy of local governments.

Sec14: The State recognizes the role of women in nationbuilding, and shall ensure the fundamental equality before the law of women and men.

The strengthening of the local government is based upon the Jeffersonian viewthat Municipal Corporation are the small republics from which the great one derivses its strength. Enable its inhabitants to develop their resources and thereby contribute to the progress of the whole nation.

Sec26: The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.

The purpose of this provision is to give substance to the desire for equalization of political opportunities. However, the definition of political dynasty is left to the legislature.

Sec27: The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. Sec28: 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. y Take note of the policy of full public disclosure.