DECLARATION OF PRINCIPLES AND STATE

POLICIESArticle II of 1987 Philippine Constitution

Section 1

The Philippines is a democratic and republican State. Sovereignty resides on the people and all government authority emanates from them.

A democratic and republican state

As a republican government,

The people of the Philippines elect for their representative

Its officers from the highest to the lowest are servants of the people and not their masters

A democratic and republican state

Section 1 adds the word “democratic”

While essentially a republican democratic, some features of a pure

of direct democracy such as

Initiative Referendum, and

Recall (Art VII, Sec.

32; Art X, Sec 3)

Manifestation of a democratic and republican state

The existence of bill of rights Rule of majority Ours is a government of laws and not of men Election through popular will Separation of powers and the system of

checks and balances The legislature cannot pass irrepealable laws Observance of the law on public officers State cannot be sued without its consent

How sovereignty is exercise by the people?

1. Exercised indirectly through public officials

Sovereignty (i.e., making laws, enforcing the same, and deciding cases involving life, liberty, and property) is exercised through duly elected and appointed officials who, as public servants, are accountable to the people.

How sovereignty is exercise by the people?

Exercised directly through suffrage

The popular will is best expressed when electoral processes are free, clean, and

honest, on the basis of

Universal suffrage and

Through secret vote

Right to revolt

Art. II Section 1 impliedly recognizes the right of the people, as the ultimate judges of their destiny, can resort to revolution as matter of right

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.

Renunciation of war as an instrument of national policy

All members of UN are bounded to “refrain in their international relations from the threat or use of force against territorial integrity or political independence of a state. x x x”

Philippines renounces aggressive war but can engage of her national honor and integrity (right to self-preservation)

Renunciation of war as an instrument of national policy

Under Art VI, Sec 23 (1), Congress with the concurrence of two-thirds of all its member, voting separately, may declare the existence of a state war

International law as part of our law International law

Refers to the body of rules and principles which governs the relations of nations and their respective people in their intercourse with one another

International law as part of our law Its limitations:1. When international usage to

be applied Are given effect by our courts

in the absence of any treaty, executive order, legislative act, or judicial decision

International law as part of our law

2. A treaty has a force of a statute

3. Constitution prevails over a treaty

Should a conflict arise between the Constitution and the treaty, the former prevails

Adherence to the policy of peace, etc., with all nations

It shows a positive attitude on the part of the Philippines toward the observance of the principles of the United Nations Charter and to universally accepted principles of international law

The Philippines is not duty bound to extend diplomatic recognition to all antions

Section 3

Civilian authority is, at all times, supreme over 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 national territory.

Supremacy of civilian authority over military

1. Inherent in a republican system Should always be observed even at

times of martial law or suspension of the writ of habeas corpus

2. Safeguard against military dictatorship

President is the commander-in-chief of all armed forces of the Philippines

AFP, the protector of the people and the state

Fearsome image acquired during martial rule During the martial rule, AFP became a highly politicized army.

Contributed to the failure of the government to contain the growing insurgency problem

AFP, the protector of the people and the state

Constitutional mandates Section 3 clearly defines AFP’s function Under Art. XVI, Sec.5, the Constitution

insures professionalism in the armed forces and insulates it from partisan politics

Support of the people AFP should win “the hearts and minds”

of the people

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 maybe required by law, to render personal military or civil service.

Posse Comitatus

Referred at Common Law to all males over the age of fifteen on whom a sheriff could call for assistance in preventing any type of civil disorder.

Prime duty of the governmentTo serve and protect the peopleThe government exists for the people and not the people for the government

The State fulfills this prime duty by pursuing and implementing the State Policies (Art. II Sec 7-28)

Defense of the State by the people against foreign aggression

The government may call upon the people to defend the State, which is one of the duties of a citizen

“People” may also include aliens since they are likewise subject to regulations adopted by the government for the defense of the State

Military and civil service by the people

1. Defense of the State performed through an army

Should the number of the army is insufficient, it is excusable to enlist the citizens

2. Compulsory – the citizens may be compelled to render personal military, or civil service

Military and civil service by the people

3. “Civil service” – refers to any service for the defense of the State other than as soldiers, like as workers in munition factories

4. Personal – One cannot render the service required to through another

5. By Law – Emphasizes the primordial responsibility of the government “to serve and protect the people” even when they are called upon “to defend the State”

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 people of the blessings of democracy.

Doctrine of Parens Patriae

A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf.

Maintenance of peace and order, etc.

Only when peace and order, security, and a life of dignity are established and maintained, will political stability and economic prosperity become attainable and the people truly enjoy the “blessings of independence and democracy”

Section 6.

The separation of Church and State shall be inviolable.

THE MEANING OF SEPARATION OF CHURCH AND STATE

Church

State

Proper relationship: Cooperation, not conflict, Church & State serve the same people in the country.

Areas of concern

CHURCH - Purely matters

of Religion & Morals

STATE - Purely

Political Matters or Temporal Aspects

People as Embodied Soul

Constitutional Provisions

No law shall be made respecting an establishment of religion (art.III, section 5)

No public money or property shall ever be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, domination, sectarian institution or system of religion (art. VI, section 29[2]).

The state shall have no official religion

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

Every person is free to profess belief or disbelief in any religion

Meaning of Establishment of Religion

Meaning of Establishment of Religion

Every religious minister is free to practice his calling, and

State cannot punish a person for entertaining or professing religious beliefs or disbeliefs

Exemption from taxation devoted exclusively to religious purposes (Art.VI)

Meaning of Establishment of Religion

Use of public money or property not prohibited when priest, preacher, or dignitary is assigned to armed forces or any penal or gov’t orphanages or leprosarium (art. Vi)

Thursday & Friday of holy week, Christmas day & Sundays are made legal holidays—their observance conducive to beneficial moral results

Meaning of Establishment of Religion

Law punishes polygamy & bigamy & certain crimes against religious worship are considered crimes against the fundamental laws of the state. Polygamy: having 2 or more wives Bigamy: having 2 existing rgistered

marriages

ANALYZE THE CONSTITUTIONALITY OF THE FOLLOWING CASES:

1.The president signed into law a proposed law or bill building a new Shrine in EDSA in honor of the People Power 2

2. A UP professor who does not believe in God or an atheist refused to attend the baccalaureate mass and was suspended from his teaching job upon orders of the UP President.

President Arroyo donated 5 million pesos to Brother Mike Arroyo to build an El Shaddai Church in multinational village.

The government of Quezon City informed Ateneo de Manila University to pay income tax and property tax for its educational activities.

Thank You!!