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Constitutional Law 1, Fundamental Principles and State Policies.

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FUNDAMENTAL PRINCIPLES ANDSTATE POLICIESPREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane
society, and establish a Government that shall embody our ideals and aspirations, promote the common
good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of
independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality,
and peace, do ordain and promulgate thisConstitution.Note:1.
The preamble is not a source of substantive right, its purpose is only to introduce.2.
It indicates the authorship of the constitution,3.
Enumerates the primary aims and aspirations of the framers,4.
Serves as an aid in the construction of the constitution.
ARTICLE IIDECLARATION OF PRINCIPLES AND STATE POLICIESPRINCIPLES
Section 1.
The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.
Republicanism:
1.
The Philippines is a republic government, a government ruby and for the people.2.
Essence of republicanism is: a.
REPRESENTATION
= the public functionaries are selected by the people.
RENOVATION
: serve for a limited time only
3. Manifestations of republicanism:
a.
Ours is government of law and not of men.
(Villavicencio v. Lukan)
b.
Rule of majority. Plurality in elections.
Accountability of public officials. Every official act must be based and conform to the authority of valid
lewd.
Bill of Rights, a lone individual is a majority of one when protected by the Bill of Righted.
Legislature cannot pass irrepealably laws.
Separation of powers.
The 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 tithe policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
Renunciation of War

War in Sec. 2 Art II, is aggressive war. War as a form of defense is allowed.
Doctrine of Incorporation

By virtue of this clause, our courts have applied the rules of international law in a number of cases even if
such rules had not previously been subject of statutory enactments, because these generally accepted
principles of international law are automatically part of our own laws.
Constitutional Law 1, Fundamental Principles and State Policies. Page
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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 nationalterritory.Comments:1.
The Commander-In-Chief of the military is a civilian authority, the President of the Republic.
(Sec. 18, Art. VII)
2.
The AFP is the protector of the people. Warrantless searches and the practice of zona should be a ting of
the past.
(Allah v. Castro, 151 SCRA 279)
DUTY OF THE GOVERNMENT; DEFENSE OF THESTATE
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.Comments:1.
This is based upon the inherent right of the state to existence and self-preservation.2.
By virtue of this right a state may take up necessary action, including the use of armed force to repel any
threat to itssecurity.3.
Art. XVI, Sec. 4 provided that the armed forces of the Philippines shall
be composed of a citizen armed force
which shall undergo military training and serve, as may be
provided by law.
4.

In
People v. Lagan
and
People v. Sosa
, both argued that the law on military training is unconstitutional. The SC, however, maintain that the law
is constitutional.5.
The duty to defend the state is imposed upon all citizens, including women.6.
Military service is PERSONAL.7.
The term people in this section may include aliens.
SEPARATION OF CHURCH AND STATE
Art. II, Section 6.
The separation of Church and State shall be inviolable.
Art. III, Section 5.
No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The
free exercise and enjoyment of religious profession and worship, without discrimination or preference,
shall forever be allowed. No religious test shall be required forth exercise of civil or political rights.
Separation of Church and State:
1.
It prohibits the church from meddling into purely secular affairs and the State from interfering with purely
ecclesiastical affairs.2.
This doctrine calls for both entities to render unto Cesar the things that are Cesars and to God the things that are
Gods.
Reasons for the separation of Church and State:
1.
The union of Church and
State tends to destroy government and degrade religion.
2.
It is likely to result in conspiracy, well nigh irresistible because of its composite strength.
Constitutional Law 1, Fundamental Principles and State Policies. Page
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Meaning of

establishment of religion clause


1.
The State shall have no official religion,2.

The state cannot setup a church, whether or not supported with public funds; nor aid one religion, aid all
religions, or prefer one religion over another.3.
Every person is free to profess belief or disbelief in anyreligion.4.
Every religious minister is free to practice his calling.5.
The state cannot punish a person for entertaining or professing religious beliefs or disbeliefs.
The Constitution is not hostile to religion
1.
Properties devoted exclusively to religious purposes are exempt from taxation.2.
The use of public money is not prohibited when the ministers assigned to the armed forces, or any penal
institutions or government orphanage or leprosarium.3.
Optional religious instruction in public elementary and high school is allowed.4.
Religious Holydays are made legal Holidays because of the secular idea that their observance is
conducive to beneficial moral results.5.
The law punishes polygamy and bigamy, and certain crimes against religious worship are considered
crimes against the fundamental laws of the state

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