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1987 Philippine Constitution, Article II

DECLARATION OF PRINCIPLES AND STATE


POLICIES
OBJECTIVES:

 At the conclusion of the session, you must have


been able to:
 Enumerate the six principles of the Constitution;
 Be familiarized with the state policies of the
Constitution; and
 Critically analyze issues pertaining to our
constitutional principles and state policies.
DECLARATION OF PRINCIPLES AND STATE
POLICIES:
 Embodies the political, social and economic philosophies
and aspirations of our people and the Government.
 Some are:
 Self-executing – implementable by itself.

 Statute-requiring – needs legislation to be


implemented.
 State policies are fundamental guidelines, direction, and
aspiration of the Philippine Government which the
President and Congress must address themselves as
policy determining and decision-making bodies.
STATE PRINCIPLES:

Section 1:
 Democratic and Republican State and Popular
Sovereignty established.
We govern
ourselves …through
…who derive elected/
their power and appointed
authority from representatives…
us…
STATE PRINCIPLES:
Congress can declare
Section 2: defensive war.
 Renunciation of War as an instrument of
national policy. …aggressive war
Article VI,
We: - engaging in a war of Section 23 (1):
-give-up territorial
encroachment or
The Congress…
shall have the
-abandon national sole power to
aggrandizement by
-disclaim invading another
declare the
existence of a
-repudiate country. state of war.
STATE PRINCIPLES:
The Congress as lawmaking body
makes the military dependent upon
Section 3: its support, as it alone can provide its
needed funds for it sustenance.
 Supremacy of Civilian Authority

Article VII, Section 18: The President is made


The President shall be the the Commander-in-Chief
Of the country’s armed
Commander-in-Chief of all Forces.
armed forces of the Philippines.
For the Armed Forces:
1) To protect the people and the state;
2) To secure the sovereignty of the state;
3) To secure the integrity of the national territory…
…it is the President that commands, directs and mobilizes all the
operations of the military.
STATE PRINCIPLES:

Section 4:
 Prime Duty of Government: To Serve and
Protect the People.
Note:
A fit and qualified citizen, when required to serve in the army, cannot exempt
himself from duty by invoking his individual right to liberty, religion or life
when his service is needed for the defense of the State.
Government service may be:
1) Civil service – voluntary; career
2) Military service – may be compulsory; career
Government exist for the people,
primarily to:
1) Serve them
2) Protect them
STATE PRINCIPLES:

Section 5:
 The Essentials for the Enjoyment of Blessings
of Democracy.
1) Maintenance of
The expressions peace and order…
of the prime duty 2) Protection of life,
of liberty, and property…
Government: 3) Promotion of the
general welfare.
STATE PRINCIPLES:

Section 6:
 Inviolable Separation of Church and State.

Article III, Section


Distinction 5
between
Principle of State Neutrality to Religion:
ecclesiastical and
1) No law shall be made respecting an establishment
of religion;
governmental
2) No law shall be made prohibiting the free exercise
of religion;
authorities.
3) No religion shall be required for the exercise of civil
or political rights.
STATE POLICIES:
Section 7:
 State Pursues Independent Foreign Policy.
PARAMOUNT CONSIDERATIONS:
1. National sovereignty
2. Territorial integrity
3. National interest
4. Right to self-determination

This policy spells out the nature and


purpose of our foreign relations. It
embraces the following particulars:
INDEPENDENCE
It shall be subservient to no other states nor shall be dictated by them.
It shall neither be one of isolation nor intervention but guided foremost by national
interest.
NATIONAL INTEREST:
- Refers to the goals of promoting social justice, the general welfare, the pursuit of
the goals of the national economy for economic conservation, growth and
development

NATIONAL SOVEREIGNTY:
- The supreme authority of the people; implies the emanation of all government
authority from them.

 RIGHT TO SELF-DETERMINATION:
- Means our right as a people or State to decide by ourselves our future status or policies or
actions without external compulsion.

TERRITORIAL INTEGRITY:
- Keeping intact and free from foreign encroachment the entire domain of the
State especially in the conservation and development of the natural resources.
STATE POLICIES:

Section 8:
 Nuclear Weapons-Free Territory

The Philippines bans nuclear


weapons in its territory!

REQUIREMENT:
Consistency with national interest.

It is up for the President and Senate to decide exceptions insofar as


foreign relations involve the national defense or security or the
national interest.
STATE POLICIES:

Section 9:
 Promotion of Just and Dynamic Social Order

Dynamic Social Order


- A society that is progressively improving and developing and
sharing with its members with the fruits of improvements and
development.

Just Social Order


Approximates equality and promotes the right of everyone:
1. To live with decency;
2. To live with contentment.
STATE POLICIES:

Section 10:
 Promotion of Social Justice
Social Justice:
The promotion of the welfare of the people, the adoption by the
government of measures calculated to ensure economic stability of all components of
the society.

Social Justice:
- the humanization of laws and the equalization of the social and economic
forces by the State so that justice in its rational and objectively secular
conception may at least be approximated

Social Justice:
Follows the principle: “Salus populi est suprema lex.” meaning “the good of
the people is the supreme law.”
Follows Pres. Magsaysay’s view the “those who have less in life should have
more in the law.”
STATE POLICIES:

Section 11:
 Dignity of Human Person and Respect for
Human Rights

Dignity of the Human Person:


This is an elaboration that the person cannot be deprived of the
essence of his pursuit of happiness, without due process of law:

HIS LIFE

HIS LIBERTY

HIS PROPERTY
STATE POLICIES:

Section 12:
 Protection of Family Life and Its Members

Family:
- recognized by the State as a basic autonomous social institution.

Family:
- recognized by the State as needful of protection and strengthening
of its foundation: MARRIAGE.

Family Life :
- recognized by the State of its imperative and sacredness together
with its components.

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