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Art II.

Declaration of

Principles & StatePolicies

(Philippine 1987 Constitution)

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Learning Objectives

To understand the importance of Article II

of the 1987 Constitution

To master the Philippines basic principles

and state policies; and

To know how these principles and state

policies can be applied in the day-to-day

workings of the government.

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Brief Outline of Art II.

I. Republicanism (Sec. 1)II. Defense of the State (Sec. 4)III. Peace & Order (Sec. 5)IV. Incorporation Clause (Secs. 2, 7 & 8)V. Rearing of the Youth (Secs. 12 & 13)VI. Women (Sec. 14)VII. Social Justice (Secs. 9-11, 18 & 21)VIII. Separation of Church and State (Sec. 6)IX. Supremacy of Civilian Authority (Sec. 3)X. Local AutonomyXI. Economy (Secs. 19-21)

XII. Miscellaneous (Secs 15, 16, 17, 22-28)

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Rationale

Intended to lay down the rulesunderlyingour system of government and musttherefore be adhered to the conduct of

public affairs and resolution of publicissues.

Emphasize and articulate more equivocallythe objectives and limitations ofgovernmental actions in the pursuit ofgeneral goals announced in the Preamble.

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PRINCIPLES

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Sec. 1.

The Philippines is a democratic and republican State.

Sovereignty resides in the people and all governmentauthority emanates from them.

REPUBLICANISM A Representative government It is a responsible government

whose officials hold and discharge their position as a public trustand shall, according to the constitution, at all times beaccountable to the people.

Establishes the democratic and representative nature of ourgovernment and proclaims our hostility to autocratic or totalitarian

regimes.

The people in particular the CITIZENS are declared SUPREME as therepository of sovereignty .

SALUS POPULI EST SUPREMA LEX!

(The will of the people is the supreme law.)

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Two Essence of Republicanism

1.) Representation(selection by the citizenry/derive mandate from the people)2.) Renovation(service for a limited time onlyafter which they are to be replaced)

Right of the people to REVOLT stressed!

The people as the ultimate judges of theirdestiny and may therefore stage a revolution asa matter of right. This need not be provided inthe constitution because this is as well as an

inherent right.

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Sec. 2.The Philippine renounces war as an instrument of national

policy, adopts the generally accepted principles of internationallaw as part of the law of the land & adheres to the policy of

peace, equality, justice, freedom, cooperation, & amity with allnations.

Renunciation of Wars Offensive Wars not Defensive Wars Congress is not to declare war but the existence of the state of

war presumably commenced by the enemy state. (Refer to Sec.23(1), Art VI)

Doctrine of Incorporation- Every state by reason of its membership in the family ofnations, are bound by the generally accepted principles ofinternational law, & these (Intl Laws) are thus consideredautomatically part or incorporated into its own laws.

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Sec. 3.

Civilian authority is, at all times, supreme overthe military. The Armed Forces of the Philippinesis the protector of the people and the State. Its

goal is to secure the sovereignty of the State andthe integrity of the national territory.

An implicit principle in a republican government. The goalis to eradicate fears of a military take-

over of our civilian government. The president (who is a civilian) is the

Commander-in-Chief of the Armed Forces of thePhilippines.(Please refer to Sec. 18, Art VII.)

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Sec. 4.

The prime duty of the government is to serve and protect the

people. The Government may call upon the people to defendthe State and, in the fulfillment thereof, all citizens may be

required, under conditions provided by law, to renderpersonal military or civil service.

Basis: inherent right of every State to existence & self-preservation. (Read in relation to Art. XVI, Sec. 4.)

Therefore a State may take up all necessary action, includingthe use of armed force to repel any threat to its security.

Duty to defend the State

Must be imposed upon all citizens including women. The Militaryor Civil service that may be required from them must bepersonal.

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Sec. 5.

The maintenance of peace and order, theprotection of life, liberty, and property,and the promotion of general welfare are

essential for the enjoyment by all thepeople of the blessings of democracy.

End Goal:Political Stability & Economic Prosperity

(Blessings of independence & democracy)

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Sec. 6.

The separation of Church and State shall beinviolable.

Rationale: Strong fences make good neighbors. BUT this is not awall of hostility! church officials are also citizens who are entitled to give their own

opinions about socio-economic & pol. Issues. In all aspect of our lives, it must not be detached from morality

because the body & soul are one.

It simply means: To avoid encroachment Render unto Caesars the things that are Caesars & unto God the

things that are Gods. A union of Church & State tends to destroy govt & degrade religion.

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Policies

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Sec. 7.

The State shall pursue an independent foreignpolicy. In its relations with other states theparamount consideration shall be nationalsovereignty, territorial integrity, national

interest, and the right to self- determination.

First State Policy Deals with the state to state relationship in

political science. As the Philippines deals with

other states, the issue of both internal andexternal sovereignty may be at stake. Take note of the four paramount considerations in

our dealings with other states.

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Sec. 8.

The Philippines, consistent with the

national interest, adopts and pursues a

policy of freedom from nuclear weapons

in its territory.

FREEDOM FROM NUCLEARWEAPONS POLICY!

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Sec. 9.The State shall promote a just and dynamic social orderthat will ensure the prosperity and independence of the

nation and free the people from poverty throughpolicies that provide adequate social services, promote

full employment, a rising standard of living, and animproved quality of life for all.

Social Justice ProvisionThose who have less in life must have more in LAW.

-Ramon Magsaysay

Recognition of the serious problem of poverty (theunequal distribution of wealth)

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Sec. 10.

The State shall promote social justice in allphases of national development.

Social Justice Provision The Anti-Development State (Walden Bello) Acute imbalance bet. the rich & poor & the

resultant divisiveness & hostility between them.

Life of the poor an unending cycle of drudgery& toil --- a ceaseless struggle for survival.

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Sec. 11.

The State values the dignity of every

human person and guarantees full respect

for human rights.

Social Justice Provision

Basic principle behind Art. III on the Bill

of Rights.

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Sec. 12.

The State recognizes the sanctity of the family lifeand shall protect and strengthen the family as abasic autonomous social institution. It shall equallyprotect 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 youthfor civic efficiency and the development of moral

character shall receive the support of theGovernment.

Kindred ties are especially close in the Philippinesmaking the family a fundamental and important factor

in the enhancement of the nation.

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Theory: Better the home = Better the

Nation The strength of the nation lies in the

correct upbringing of its children.

Complementary Roles of the parents andthe govt in rearing the youth for purposesof civil efficiency and the development ofthe moral character.

No to DEATH Bills pending in Congress(Divorce, Euthanasia, Abortion, andTrans-Homo sexual marriage.

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Sec. 13.

The State recognizes the vital role of the youth innation-building and shall promote and protect theirphysical, moral, spiritual, intellectual, and social well-

being. It shall inculcate in the youth patriotism andnationalism, and encourage their involvement in public

and civic affairs.

Recognition of the responsibility, maturity &competence of the youth in the discussion & solution ofpublic issues & consequently begin to accord greaterrecognition to them as a vital force in nation building.

Rationale behind SANGGUNIANG KABATAAN (SK) Ideally, to make them fully prepared when they will

assume their responsibility as leaders of the nation.

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Sec. 14.

The State recognizes the role of women innation-building, and shall ensure thefundamental equality before the law of

women and men.

A recognition of the

Proven capabilities & competence of FilipinowomenExpansion of womens roleEquality with men BEFORE the law (not

absolute equality)

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Sec. 15.

The State shall protect and promote theright to health of the people and instill

health consciousness among them.

RIGHT OF THE PEOPLE TO

HEALTH.

Ex. Oplan Bakuna, etc.

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Sec. 16.

The State shall protect and advance the rightof the people to balanced and healthfulecology in accord with the rhythm and

harmony of nature.

Sustainable Development

Pertains to the paths of human progress whichmust meet the needs and aspirations of thepresent generation without compromising theability of the future generation to meet theirneeds. (Brundtland Commission, WCED, 1987)

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Sec. 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.

Prior i ty to educat ion , sc ience and

technology, arts, cu l ture and

sports.

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Sec. 18.

The State affirms labor as a primary socialeconomic force. It shall protect the rights

of workers and promote their welfare.

Social Just ice Prov is ion

LABOR as a primary social economicforce.

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Sec. 19.

The State shall develop a self-reliant andindependent national economy effectivelycontrolled by Filipinos.

Self-rel ian t andindependent economy.

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Sec. 20.

The State recognizes the indispensablerole of the private sector, encourages

private enterprise, and provides

incentives to needed investments.

Role of private sector inSociety

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Sec. 21.

The State shall promote comprehensiverural development and agrarian reform.

Social Justice Provision

Comprehensive Agrarian ReformProgram (CARP)

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Sec. 22.

The State recognizes and promotes therights of indigenous cultural communitieswithin the framework of national unity

and development.

Righ ts o f the IndigenousCu l tu ral Communi t ies

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Sec. 23.

The State shall encourage non-governmental, community-based, or

sectorial organizations that promote the

welfare of the nation.

Non-governmental ,communi ty-based or secto ral

organizat ions

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Sec. 24.

The State recognizes the vital role ofcommunication and information in nation-

building.

Role of Commun icat ion andIn format ion in nat ion-bu i ld ing .

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Sec. 25.

The State shall ensure the autonomy of localgovernments.

This is the Constitutional basis of our being a Semi-Unitary government.This is realized with the passage and full implementation of the LocalGovernment Code of the Philippines which basically grants autonomyto the local government units.

Basic Principles:

Decentralization & Devolution of Powers

Rationale: GRASSROOTS ParticipationVitalization of the LGUs

Will enable its inhabitants to develop their resources & thereby contribute

to the program of the whole nation.

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Sec. 26.

The State shall guarantee equal access toopportunities for public service, and prohibitpolitical dynasties as may be defined by law.

As a consequenceLimitation of terms of officeProhibition against political dynasty but not yet implemented because Congress

until now (intentionally?) failed to create alaw to this effect.Able to READ and WRITE qualification.

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Sec. 28.

Subject to reasonable conditionsprescribed by law, the State adopts and

implements a policy of full public

disclosure of all its transactions involvingpublic interest.

Pub l ic Off ice is a PUBLIC

TRUST!

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References

De Leon, Hector (2011). Textbook on the

Philippine Constitution. Philippines: Rex

Bookstore. Pp. 32-37.