ARTICLE II

DECLARATION OF
PRINCIPLES
AND STATE POLICIES
GODINEZ, Kristine Camille C.
BSNA-1A (SY:2014-2015)

PRINCIPLES

Section 1. The Philippines is a democratic and

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

Section 1. The Philippines is a democratic and

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

The Philippines, a democratic

and republican state.
A republican government is a
democratic government by
representatives chosen by the people
at large.

Manifestations of a democratic
and republican state.
1. The existence of a bill of rights;
Bill of Rights refers to the enumeration
of rights of the individual covering
practically all aspects of his political,
civil, social, cultural, and economic
rights.

2. The observance of the rule of the

majority;
majority prevails over the
minority for any decision
3. The observance of the principle that
ours is a government of laws, and
no one is above the law and
not of men;
everyone is subject to it

4. The presence of elections through

popular will;
The will of the people is the basis
of the authority of the
government and every citizen is
given a free will to vote and even
take part in conduct of public
affairs.

5. The observance of the principle of

separation of powers and the
system of checks and balances;
6. The observance of the principle
that the legislature cannot pass
irrepealable laws;
all laws are not permanent, even
the fundamental law of the land
may be modified, amended, or
revised

7. The observance of the law on public

officers;
grounds for impeachment
include bribery, high crime, graft,
corruption, violation of the
Constitution, and betrayal of
public trust

8. The observance of the principle

that the State cannot be sued
without its consent.
one cannot sue an entity, which
gives him the right to sue
Exemptions:
a. Implied Consent
b. Expressed Consent

Section 1. The Philippines is a democratic and

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

Sovereignty of the people.

Sovereignty implies the supreme
authority inherent in the State which it
is governed.
(1) Exercised indirectly through public
officials.
(2) Exercised directly through suffrage.

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.

International law refers to the body of

rules and principles which governs the
relations
of
nations
and
their
respective peoples in their intercourse
with one another.

Doctrine of incorporation is the

commitment of the state to
international laws.

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.

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 the 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.

Meaning of establishment of
religion clause.
1. The State shall have no official
religion;
2. The State cannot set up 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 of disbelief in any religion;
4. Every religious minister is free to
practice his calling; and
5. The State cannot punish a person
for entertaining or professing
religious belief or disbeliefs.

 Our Constitution and laws exempt

from taxation, properties devoted
exclusively to religious purposes.
The use of public money or property
is not prohibited when a priest,
preacher or dignitary as such is
assigned to the armed forces, or to
any penal institution or government
orphanage or leprosarium.

 Optional religious instruction in

public elementary and high schools
is by constitutional mandate
allowed.
Maundy Thursday and Good Friday
of Holy Week, Christmas Day, and
All Saints Day are made nationwide
holidays because of the secular idea
that their observance is conductive
to beneficial moral results.

 The law punishes polygamy and

bigamy, and certain crimes against
religious worship and considered
crimes against fundamental laws of
the State.

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 selfdetermination.

Foreign policy of the Philippines.

Foreign policy is the basic
direction underlying the conduct
by a State of its affairs vis--vis
those of other States.
1. Formulation and conduct of
foreign policy.

Preside
nt
chief architect of
Philippine foreign policy
formulates our foreign
policy with the help of the
Department of Foreign
Affairs

2. An instrument of domestic policy.

3. Pursuit of an independent foreign
policy.
not subordinate or subject
to nor dependent upon the
support of another
government

4. Basic Foreign policy objective.

establish friendly relations
with all countries of the world
regardless of race, religion,
ideology and social system
promote as much beneficial
relations with them particularly
in economic and trade
activities

5. Paramount consideration.
national
sovereignty
territorial integrity
national interest
right to self-determination

Section 8. The Philippines, consistent with the national

interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.

forbid
the
making,
storing,
manufacture or testing in our country
of nuclear weapons, devices or parts
thereof as well as the use of our
territory
as
dumping
site
for
radioactive wastes

forbid the transit within our

territory of ships or planes with
nuclear weapons
does not prohibit the use of
nuclear energy for medicine,
agriculture, and other peaceful
or 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.

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.

Human dignity and human

rights.
1. Belief in inherent dignity of every
human person basis of human
rights.
2. Violation of human rights
debases human dignity.

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.

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.

Strengthening the family as a basic

autonomous social institution.
The government may not
enact any law or initiate
measures that would break up
or weaken the family as a
social unit.

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.

Right to life to the unborn from

conception and of the mother.
1. Commencement of life.
2. Ban on abortion.
3. Saving life of mother.

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.

Rearing of the youth for civic

efficiency and development of
moral character.
1. A duty both of parents and
government.
2. Right of State to interfere with
education of children.

3. Power of State to regulate all

schools.
4. The State and parental
obligations.
5. Duty of State to encourage
educational institutions.

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.

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.

Section 15. The State shall protect and promote the

right to health of the people and instill health
consciousness among them.

Right of the people to health.

Health is the state of physical,
social and mental well-being
rather than merely the absence
of physical diseases.

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.

Right of the people to a

balanced and healthful ecology.
Ecology is that branch of science
that deals with the study of the
interrelationships of living things
(organisms, plants and animals)
and their environments.

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.

Priority to education, science and

technology, arts, culture and sports.
Article XIV (Education, Science
and
Technology, Arts, Culture
and Sports)

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 a primary social

economic force.
Article XIII (Social Justice and
Human
Rights)
SECTION 3.

Section 19. The State shall develop a self-reliant and

independent national economy effectively controlled
by Filipinos.

Self-reliant and independent

national economy.
Article XII (National Economy
and
Patrimony)
SECTION 1.

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.

Comprehensive rural development

and agrarian reform.
Comprehensive rural
development covers all phases of
rural development economic,
social, political, cultural, and even
industrial.

Article XIII (Social Justice and

Human
Rights)
SECTIONS 4-6.
Article XII (National Economy and
Patrimony)
SECTION 1.

Section 22. The State recognizes and promotes the

rights of indigenous cultural communities within the
framework of national unity and development.

Indigenous cultural communities

refers
to
those
non-dominant
groups in our country which possess
and wish to preserve ethnic,
religious, or linguistic traditions or
characteristics markedly different
from the rest of the population.

Section 23. The State shall encourage nongovernmental, 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.

Autonomy of local
governments.
Article X (Local Government)

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.