ARTICLE II

DECLARATION OF PRINCIPLES AND STATE POLICIES

PRINCIPLES

Section 1. The Philippines is a democratic and republican State.

Sovereignty resides in the people and all government authority emanates
from them.

DEMOCRATIC GOVERNMENT

a form of government in which all citizens have an equal say in the decisions
that affect their lives.

Ideally, this includes equal (and more or less direct) participation in the
proposal, development and passage of legislation into law. It can also
encompass social, economic and cultural conditions that enable the free and
equal practice of political self-determination.

REPUBLICAN STATE

is a type of government in which the citizens of a country have an active role

in the affairs of the government, and the government is not headed by a
hereditary ruler such as a king;

a representative government wherein the powers and duties of government

are exercised and discharged for the common good and welfare.

SOVEREIGNTY

Supreme authority; imposes duties and confers rights upon the states.

the right of the people to determine their political systems and pursue
economic, social and cultural development without intimidation, hindrance or
pressure

the supreme, uncontrollable power, the jures summi imperri, the absolute
right to govern. (Story on the Constitution, cited in Gonzales, Phil.Political
Law, 1966 Edition, p. 23). It is the supreme will of the State, the power to
make laws and enforce them by all the means of coercion it cares to employ.
(Strong on the Constitution, cited in Gonzales, Phil. Political Law, 1966
Edition, p.23).

MANIFESTATIONS OF REPUBLICANISM

Ours is a government of laws and not of men (Villavicencio vs. Lukban, 39

Phil 778)

Rule of the majority. [Plurality in elections]

Accountability of public officials.

Bill of Rights

Legislature cannot pass irrepealable laws

Separation of Powers

What is the main purpose of Republicanism?

To prevent concentration of authority in one person or group of persons

that might lead to an irreversible error or abuse in its exercise to the

detriment of republican institutions.

"To secure action,

to forestall overaction,

to prevent despotism and

to obtain efficiency" [Pangasinan Transporation Co. v. Public Service

Commission, 40 O.G. 8th Supp. 57]. See also Tuason v. Register of Deeds

INCORPORATION CLAUSE

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.

What is the doctrine of incorporation in the Constitution?

It is a doctrine where the generally accepted principles of international law

are made part of the law of the land either by express provision of the
Constitution or by means of judicial declaration or fiat.

What is the doctrine of auto limitation?

It is the doctrine wherein the Philippines adheres to principles of international

law as a limitation to the exercise of its sovereignty.

What is a protocol de cloture?

It is a final act, an instrument which records the winding up of the

proceedings of a diplomatic conference

and usually includes a reproduction of the texts of treaties, conventions,

recommendations and other acts agreed upon and signed by the
plenipotentiaries attending the conference.

It is rather a summary of the proceedings of a protracted conference which

may have taken place over several years. (Taftada, et at. vs. Angara, et al.,
82 SCAD 241, G.R. No. 118295, May 2, 1997).
Differentiate a TREATY from an EXECUTIVE AGREEMENT
1. Basic political issues; changes of national policies agreements
2. Permanent International Agreement
1. Adjustment of details carrying out established national policies
2. Temporary arrangement

If there is a question raised before an international tribunal, is the

treaty given preference?

If the dispute is raised before an international tribunal, the treaty is given

preference.

If the issue is raised before a local tribunal, the municipal law or the
Constitution shall prevail. In [Inchong vs. Hernandez, the Supreme Court
upheld the constitutionality of the Retail Trade Nationalization Law because it
did not contravene international law, and even if there is a conflict, the
statute would prevail because it is an exercise of police power. Police power is
inherent in every State and it cannot be bargained away.

CASE PRINCIPLE

The Philippines signed with other countries the World Trade

Organization or WTO Agreement. One of the provisions of which
requires the Philippines to place nationals and products of membercountries on the same footing as Filipinos and local products. The
petitioners went to court and questioned Senate Resolution No. 97
concurring to it, contending that the Agreement was violative of the
Constitutional mandate to develop a self-reliant and independent
national economy effectively controlled by Filipinos and the

provision that promotes the preferential use of Filipino labor,

domestic materials and locally produced goods. Rule on the
contentions.

CIVILIAN SUPREMACY

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.

DUTY OF GOVERNMENT; PEOPLE TO DEFEND THE STATE

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.

Section 5. The maintenance of peace and order, the protection of life, liberty,
and property, and promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy.

Section 6. The separation of Church and State shall be inviolable.

STATE POLICIES

INDEPENDENT FOREIGN POLICY AND NUCLEAR-FREE PHILIPPINES

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 selfdetermination.

Section 8. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory.

What are the aims of the State in promoting a just and dynamic
social order? How are these aims achieved?

JUST AND DYNAMIC SOCIAL ORDER

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.

Section 10. The State shall promote social justice in all phases of national
development.

Section 11. The State values the dignity of every human person and
guarantees full respect for human rights.

State the policy of the State on the FAMILY

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 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.

State the policy of the State on the youth.

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.

FUNDAMENTAL EQUALITY OF MEN AND WOMEN

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.

PROMOTION OF HEALTH AND ECOLOGY

Section 15. The State shall protect and promote the right to health of the
people and instill health consciousness among them.

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.

Balanced & Healthful Ecology-

The right to a balanced and healthful ecology is a fundamental legal right

that carries with it the correlative duty to refrain from impairing the
environment. This right implies, among other things, the judicious
management and conservation of the countrys resources, which duty is
reposed in the DENR. ( Prov. of Rizal vs. Exec. Sec., December 13,
2005)

PRIORITY TO EDUCATION, SCIENCE, TECHNOLOGY, ETC.

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.

In what way has the state implemented the policy of giving priority
to education?

Congress enacted R.A. No. 6655 mandating free elementary and high school
education.

PROTECTION TO LABOR

Section 18. The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.

What is the Welfare State Concept of Government? State its basis in

the Constitution

Under this principle, every government activity is an essential means of

achieving the greatest good for the greatest number and the State is
responsible for the general and social welfare of the people. The Constitution
is mandated to promote social justice, extend social services, promote full
employment and comprehensive rural development and agrarian reform,
protect the rights of workers and promote their welfare so that in the
interplay of the economic and social forces of society, the government cannot
remain neutral or be an innocent bystander but must take sides because it
must play an affirmative, active and dynamic role in order to promote social
justice and the economic well-being of the people.

What is the principle of laissez-faire?

It means let alone. It means that the government should leave the economic
and social forces at work without any interference on its part. It is the
foundation of capitalism. This principle has been rejected by the Constitution
because of the expanded provisions on social justice.

-SELF-RELIANT AND INDEPENDENT ECONOMIC ORDER

Section 19. The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.

Section 20. The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed
investments.

Section 21. The State shall promote comprehensive rural development and
agrarian reform.

Section 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.

INDEPENDENTS PEOPLE ORGANIZATION

Section 23. The State shall encourage non-governmental, community-based,

or sectoral organizations that promote the welfare of the nation.

Section 24. The State recognizes the vital role of communication and
information in nation-building.

Section 25. The State shall ensure the autonomy of local governments.

Q -

ANS: It means giving the local government units not only more and greater
powers but also providing them with ampler means and resources in order to
enable them to meet their enlarged responsibilities. Under the Constitution,
the State shall ensure the autonomy of local government. (Sec. 25, Art. II).

On LOCAL AUTONOMY

Dadole vs. COA, December 3, 2002- The Presidents power of general

supervision can only interfere in the affairs and activities of a local
government unit if he or she finds that the latter acted contrary to law. The
President or his alter egos cannot interfere in local affairs as long as the
concerned local government unit acts within the parameters of the law and
the constitution.

What are the purposes of the guarantee of local autonomy?

To give the local government units (LGUs the initiative and widest
participation in the administration of their own affairs. Only the LGU and its
people have knowledge of their own needs, problems, and solutions of the
same;

As part of the political education process of the people, the local government
being the smallest governing unit;

To release the local government units from the almost monolithic control of
the national government; and

To make the local government units become self-reliant communities.

What is local autonomy?

Section 26. The State shall guarantee equal access to opportunities for
public service and prohibit political dynasties as may be defined by law.

Section 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.

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.