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Article II

DECLARATION OF
PRINCIPLES AND
STATE POLICIES
Article II of the 1987 Constitution is
the embodiment of the state’s
policies & principles. These
policies & principles serve as a
guide to the three branches of
government in the exercise of
their powers & the
implementation of the
Constitution.
Section 1
The Philippines is a democratic and republican
State. Sovereignty resides in the people and all
government authority emanates from them.
 A republican state is a state wherein all government authority
emanates from the people and is exercised by
representatives chosen by the people.
 In view of the new Constitution the Philippines Is not only a
representative or republican state but also share some
aspects of direct democracy such as initiative and
referendum.
 The word democratic is also a monument to the February
Revolution which re-won freedom through direct action of the
people.
Manifestation of a Republican State
1) The existence of a Bill of Rights
2) The observance of the principle that ours is a
government of laws and not of men.
3) The observance of the principle that the
legislature cannot pass irrepealable laws.
4) The observance of popular election through the
rule of 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.
• SovereigntySovereignty
is the supremeof power
the people
to govern, it lies in
the hands of the Filipino people who have the right to
choose the type of government they want to define the
powers it shall hold and exercise.
• It is their right to abolish their government and form a
new one and organize it in such form as seems to
them best for their welfare and happiness.
• Sovereignty is exercised indirectly through public
officials appointed by the elected by the people to
govern the country & through other officials appointed
by the elected officials.
• Sovereignty is exercised directly through suffrage.
1) ThePeople’s
multi- party participation
system in government
2) Party-list system
3) Sectoral representations
4) People’s organizations
5) System of initiative and referendum
– Initiative is the method provided by law whereby the voters of a local
government unit may directly enact or amend any ordinance.
– Referendum is the method provided by law whereby the voters of a
local government unit may approve, amend or reject an ordinance
passed by a local legislative body submitted to them for the
purpose.
– Recall- voters of a local government may remove, for loss of
confidence, elective local officials.
• Plebiscite – people approve or reject proposed changes in
the Constitution
Section 2
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 nations.
 The Philippines is a friendly and peaceful nation.
Therefore, it renounces war as an instrument of national
policy.
 The country however has the right, however, has the
right to engage in war to defend its honor and integrity
as a nation against any foreign enemy. Every country
has the right to self- preservation.
Section 2
 The Covenant of the defunct League of Nations as a
general rule prohibited war.
 The disputing states must first try to settle their dispute
through pacific or peaceful means such as negotiation,
judicial settlement, & consideration by the League Council
before the disputants may resort to war.
 International law is the body of laws governing nations in
their dealings with one another.
 In line with the objectives of the United Nations, the
Philippines seeks only peace & friendship with the rest of
the world.
 It supports the right of all nations to equality, freedom,
justice, & the policy of non- interference in the internal
affairs of other countries & peaceful settlement of
international disputes.
Section 3
Civilian authority is, at all times,
supreme over the military. The Armed
Forces of the Philippines is the
protector of the people and the State.
Its goal is to secure the sovereignty of
the State and the integrity of the
national territory.
 A civilian, the President is the commander-chief of all
armed forces of the Philippines, the army, the navy,
the air force, & the marines.
 Even the appointment of their high ranking officers is
vested in the President.
 This arrangement is considered an effective
safeguard against the rise of military dictatorship
 the AFP is just the protector of the land and the
people and not a higher authority than the people
and its goal is to secure the sovereignty of the State
and the integrity of the national territory.
 But this does not mean that civilian officials are
superior to military officials.
 Civilian officials are superior to military officials only
when a law makes them so.
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.
 the primary duty of the government is no longer to defend
only the state but to serve and protect the people & protect
their rights.
 it emphasizes that the defense of the state can only be
performed through AFP
 it is a compulsory for the people to render personal
or military service for the state especially on times of war.
 The condition for rendering military or civil service must be
observed in the following:
 For self- defense;
 The service is compulsory, not optional or voluntary
 It is a personal service rendered to the State & cannot be
substituted or altered by any other means but active duty;
 In lieu of military service; however, civil service involvement or
community participation, like NSTP, maybe required by the State;
and
 The service to be rendered must be consistent and conforming to
the established command of the law articulated by appropriate
agencies of the government.
Section 5
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
blessings of democracy.
 It is the duty of the State through its government to keep peace & order in
society & protect the lives, rights & property of its members from violence
committed by other members.
 It does this by making laws & enforcing them so that we may live & work in
peace & safety.
 A very important purpose of gov,t. is to promote the general welfare or the
common good. (services: educ. Healthcare, housing, public
improvements- roads, parks, etc. & a host of other services w/c the gov’t.
must provide to improve the lives of the people.
 Only when order, security, & life worthy of human dignity are established &
maintained, can the people truly enjoy the “blessings of democracy.” (see
Preamble)
Section 6
The separation of Church and State shall be inviolable.
 Church- refers to all faiths. Church must not involve itself in purely
political or temporal matters involving religion & morals.
 The State cannot pass laws w/c give aid to one, some or all religions
or prefer one religion over the another; nor impose any tax to support
any religious activities or religious sect.
 It cannot set up an official state church.
 Neither can it compel a citizen to go to church nor punish him for his
religious beliefs.
 The Separation Principle is reinforced by:
 Freedom of religious cause;
 Non-establishment of religious clause;
 No religious test clause;
 No sectoral representative from religious sector;
 Prohibition against appropriation for sectarian benefits; and
 Religious denominations and sects cannot be registered as political parties.
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.
 Foreign policy- policy w/c lays down the course of action a
State shall take in its dealings w / other States.
 An independent foreign policy means that national policy
means that national sovereignty, territorial integrity, national
interest, & the right to self- determination shall be the
primary of the Philippines in its relations w/ other States.
 It is the policy that is made by the Filipinos themselves, &
not imposed or dictated by another government.
.
Section 8
The Philippines, consistent with the
national interest, adopts and pursues a
policy of freedom from nuclear weapons in
its territory.
 forbids making, storing, manufacture or testing
of nuclear weapons as well as the use of our
territory as dumping site for radioactive wastes
within our territory
 allows the use of nuclear for medicine,
agriculture, and other useful beneficial purposes
Section 9
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, a rising standard of living,
and an improved quality of life for all.
 The State shall promote a just and dynamic social order or,
according to the Preamble, “build a just & humane society.” this
is accomplished through policies that:
1. Provide sufficient social services ( in the field of health, education, housing, etc.
2. Promote full employment, a rising standard of living, & an improved quality of life
for all.
 Such a society must ensure the prosperity and independence of the
nation for many of our needs.
 It must reasonably solve the age- old problem of poverty of our
people, a great majority of whom are still “ill- housed, ill clad & ill-
nourished” w/out having to depend on other States for assistance.
Section 10
The State shall promote social
justice in all phases of national
development.
 state must give preferential
attention to the welfare of the less
fortunate.
Section 11
The State values the dignity of every
human person and guarantees full respect
for human rights.
 every individual enjoys certain rights which
cannot be modified or taken away by the
lawmaking body
 These rights are recognizes & respected
because of the belief in the dignity & worth of
every human person & that people can only lead
happy lives when they employ human rights.
Section 12
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 national 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.
Strengthening the family as a basic autonomous social institution
 mandates the state to recognize the sacredness of the family life and
look for ways to strengthen it
 The government may not interfere in matters involving the family nor
pass laws w/c may in any way, weaken it as a social unit.
Right to life of the mother & the unborn from conception
Human life is commonly believed to begin from the moment of
conception when the egg cell & sperm cell join together in a process
called “fertilization”. From this moment, the unborn child possesses
certain human rights, such as the right to life, w/c the State is under a
duty to protect.
thus, abortion can never be allowed by law in the Philippines. But
when the life of the mother, w/c the State is also bound to protect, is
endangered, the life of an unborn child may be sacrificed. This is not
considered abortion.
Section 13
The State recognizes the vital role of the youth
in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and
social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their
involvement in public and civic affairs.

• respects the role of the youth in nation building


• provision reduces the voting age from 21-18
• shall inculcate in the youth patriotism and nationalism
and encourage their active involvement and
participation in public and civic affairs
Rearing of the youth for civic efficiency & development
of moral character
The Philippines is a country of very young people. With a median
age at 16, 60% of its population are below 20 years of age. Thus, the
youth easily constitute the biggest sector in the Philippines today.
In order to ensure the future of the nation, proper education &
training must be given to the youth. Since the youth of today will
eventually become the leaders of the nation, the duty to prepare them
for their responsibilities in the future does not rest only in the parents
but on the State as well.
This does not mean , however that the children are the property
of the State & that the State can the can interfere w/ their parents in
their upbringing. It means only that the gov’t. has the duty, in
cooperation w/ the parents & the school, to make sure that the youth
are provided w/ proper education they need w/c includes not only the
acquisition of skills but also the dev’t. of sound moral values for
productive & responsible citizenship.
Section 14
The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before
the law of women and men.
 While men & women are not equal in all respects, the State
must see to it that their fundamental equality is upheld by
law, such as in opportunities for employment, the practice of
professions, pursuit of business, & the like. Women make
up about one half of the population & it is only right that their
voice be heard on matters affecting their welfare & that of
the country as a whole.
 Simple justice that women be given legitimate share with
men in leadership at all levels and in all spheres of human
activity outside their homes
Section 15
The State shall protect and promote
the right to health of the people and instill
health consciousness among them.

 to better fulfillment of duty the


government must instill consciousness in
health to the people
Section 16
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.

 the need for environmental protection program


to prevent further injury or damage to plant and
animal life and property
 to improve the quality of life of all modernization
should not lead to nature's deterioration
Section 17
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.
Section 18
The State affirms labor as a primary
social economic force. It shall protect the
rights of workers and promote their welfare.

 labor as the primary social end economic


force of the state it is given proper
protection through rights of workers which
is broadly discussed in article 13
Section 19.
The State shall develop a self-reliant
and independent national economy
effectively controlled by Filipinos.

 states the guidelines in the development


of the economy; economic self-reliance,
independent national economy, and
effective Filipino control of the economy
. Sector 20
The State recognizes the indispensable role
of the private sector, encourages private
enterprise, and provides incentives to needed
investments.
Role of the private sector in the economy
The Constitution recognizes the importance of the private
sector in the development of the national economy. For this
reason, the State is commanded to encourage private
enterprise & to give incentives to investors, local or foreign,
who may want to do business in our country.
The Constitution does not favor an economy where the
State directly competes w/ private business. The business of
government is governance & not money- making. It should
not engage in business activity w/c can be or are competently
& efficiently undertaken by the private sector.
Section 21
The State shall promote comprehensive rural
development and agrarian reform.
 covers all phases of rural development-economic, social, political,
cultural and industrial

Section 22
The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.
 this rights wishes to preserve ethnic, religious, or linguistic
traditions or characteristics markedly different from the rest of the
population
Section 23
The State shall encourage non-
governmental, community- based, or
sector organizations that promote the
welfare of the nation.

 the state as it encourages community


based or sector organizations should
refrain from an actuation that would tend to
interfere or subvert the rights of these
organizations
Section 24
The State recognizes the vital role of
communication and information in nation-
building.
 Communication & information here refer to mass media.
 Means of communication such as motion pictures,
television, radio, newspapers, magazines, etc. are called
mass media because they are able to reach the mass of
people. They play a very important role in nation-
building for through them the people are enlightened on
certain public issues. They can also serve as useful tools
to promote unity among the Filipinos despite differences
in cultural backgrounds & customs.
 The state recognizes the rights of the media as an
effective instrument in promoting national integration and
preserving Filipino values and tradition
Section 25
The State shall ensure the autonomy of local
governments.
Section 26
The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be
defined by law.
 Equal access to opportunities for public service
 This policy does not allow the existence of political dynasties
or the practice of keeping political power w/in the control of
selected families. It emphasizes the duty of the gov’t. to
uphold democratic election & appointments to positions in
the gov’t. based solely on merit & fitness. Less influential &
Section 27
The State shall maintain honesty and integrity
in the public service and take positive and
effective measures against graft and corruption.
Honesty and Integrity in public service
Every new administration in the Philippines
promises to eradicate graft and corruption. But
recent events, particularly those which led to the
peaceful “people power” revolution in 1986, have
shown that efforts towards removing this social
evil have not only failed but the malady has grown
more rampant and harder to stop.
Section 27
Section 27 of the Constitution seeks to minimize, if not
completely eliminate, graft and corruption in
government. What is needed is for public officials to
lead by moral example. They must live up to the trust
given them by the people by always seeing to it that
they do not engage In any "under the table”
transactions. Honesty and integrity in the public service
will strengthen the faith of the people in their
government and make available much needed funds for
the development of our country and the improvement of
the lives of our people.
Section 28
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.
Full disclosure by the State of all its transaction
Section 7 of the Bill of Rights guarantees the
people’s right to know any transaction entered into
by the government which involves matters of public
concern. Sections 28, on the other hand, demands
that the State disclose information regarding
transactions without the people demanding such.
Section 28
The policy covers matters involving public
interest especially those concerning the
utilization of public funds and property. It
does not, however, cover confidential
matters, public knowledge of which may
endanger the security of the State.