Article 2 Declaration of Principles and State Policies

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Transcript of Article 2 Declaration of Principles and State Policies

DECLARATION OF

PRINCIPLES

STATE POLICIES

This portion of the Constitution might be called the basic political creed of the nation

It lays down the policies that the government is bound to observe.

These provisions prescribe the fundamental obligations of the government, particularly the legislative and the executive departments as its policy-determining organs.

It is incumbent on the people to demand fulfillment of these government duties through the exercise of the right of suffrage.

A. Principles

CREED- a set of beliefs or principles or aims that guide someone's

actions.

Enumerates the Principles of the State such as the :

Section 1: Democratic and republican nature of the Philippine State

Section 2: Renunciation of war as an instrument of national policy

Section 3: The supremacy of civilian authority over the military

Section 4: The people's duty to defend the StateSection 6: Separation of Church and State

I. First Part of the Article 2

And so on, Section 5 was included in the Declaration of

Principles of the 1987 Constitution.

Stipulates the State policies such the:

Section 7: Promotion of an independent foreign policy

Section 10: Promotion of social justiceSection 13: Recognition of the youth's and

women's role in nation-buildingSection 21: Promotion of a comprehensive

rural development and agrarian reform

II. Second Part of the Article 2

Similarly, Section 8,9,11,12,14,15,16,17,18,19,20,22,23,24,25,26,27,28 was added in the state policies of

the 1987 Constitution.

The Philippines is a democratic and republican State. Sovereignty resides in

the people and all government authority emanates from them.

Section 1

Democraticand

Republic

This article is a reproduction of Article II, Section I of the

1935 Constitution, maintained under Section I,

Article II of the 1973 Constitution.

Section 1…

The requirements of a democratic and republican state are as follows:

Cardinal rights embodied in the Bill of Rights The principle that the State cannot be sued without its

consent The principle that ours is a government of laws and not of

men The principle that the legislature cannot pass irrepealably

lawsElection through popular willThe principle that an office is a public trustThe rule against undue delegation of legislative power.

Section 1…

SOVEREIGNTY

- is the supreme power of the state to command obedience from all the

inhabitants, whether citizen or alien. This power resides in the people. Therefore,

they have the right to constitute their own government, define and provide the powers

it may exercise within legal limits. This right may be exercised directly or indirectly.

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 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.

Section 2

Section 2 is a substantial reproduction of the contents of. Section 3, Article II of the

1935 Constitution.

Section 2…

This particular proviso is divided into three parts

Renunciation of war as an instrument of national policy

Adoption of the generally accepted principles of international law as part of the law of the land

Adherence to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Section 2…

Renunciation of war as a national policy

In renouncing war as an instrument of national policy expressly declared in the Constitution, the Philippines affirms the 1934 and the 1971 Constitutional Convention's belief that an effective means of outlaw war is to prohibit the same in the Constitution.

This particular proviso contemplates, as it was contemplated under the 1935 Constitution, defensive war, not aggressive war. This was inspired by the Ke

llog-Briand Pact of 27 August 1928 which renounces wars of aggression.

Section 2…

What is the reason why the Constitution makes defense

of the state the prime duty of government ?

The power to wage a defensive war is an inherent part of

sovereignty.

under section 4 of Article II of the charter.

Civilian authority is at all times supreme over the

military.

Section 3

Supremacy of civilian authority over the military is inherent in

democratic and republican states. Superiority of civilian authority over the military is

regarded as an essential constituent of the fabric of

political life.

ALWAYS REMEMBER!!!!

Section 3…

The President of the Philippines is always a civilian. At the same time, he is the Commander-in-Chief of all the Armed Forces; the army, the navy and the air

force, including the Capital command.

Section 3…

Role of the Armed Forces

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.

Secjtion 3…

The Prime Duty of Government is to serve and

protect the people.

Section 4

It is the right of a state to exact compulsory military service of its citizen and such exaction does not violate the principle of involuntary servitude.

This proviso was incorporated in view of the recognized inadequacy of a voluntary system both in terms of military effectiveness and in terms of equality between the rich and the poor.

Section 4…

The maintenance of peace and order, the protection

of life, liberty, and property, and the

promotion of the general welfare.

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 5…

For the Filipino people to secure unto themselves and their posterity the blessings of independence and democracy as envisioned in the Preamble of the 1987 Constitution,

it is necessary for the Government

to maintain peace and orderprotect life, liberty and propertypromote the general welfare

Section 5…

The separation of the church and state shall be inviolable.

Section 6

The union of the church and the state is prejudicial to both. The provisions of the 1987 Constitution that compliments the principle of separation of the church and state are found under:

Section 5, Article IIISection 29 (2) of Article VISection 28 (3) of Article VISection 28 (3) of Article IX-C

Section 6…

“The Church and the State are two entities that play an important role in our

life.”

- Late Jaime Cardinal Sin

Let us keep them separate, by all means, but let us not interpret

separation as segregation. Let us believe that they can work hand

in hand, separate but parallel like two tracks on the railroad

leading to the same destination.

Section 6…

Independent Foreign Policy of the 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 self-determination.

Section 7…

The Philippines, consistent with the national interest,

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

Section 8

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 9

The State shall promote social justice in all phases of national

development.

Section 10

The State values the dignity of every human person and

guarantees full respect for human rights.

Section 11

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 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 13

The State recognizes the role of women in nation-building, and shall

ensure the fundamental equality before the law of women and men.

Section 14

The State shall protect and promote the right to health of the people and instill health consciousness among

them.

Section 15

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.

Section 16

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.

Section 17

The State affirms labor as a primary social economic force. It shall

protect the rights of workers and promote their welfare.

Section 18

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

Section 19

The State recognizes the indispensable role of the private

sector, encourages private enterprise, and provides incentives

to needed investments.

Section 20

The State shall promote comprehensive rural development

and agrarian reform.

Section 21

The State recognizes and promotes the rights of indigenous cultural

communities within the framework of national unity and development.

Section 22

The State shall encourage non-governmental, community-based, or sectoral organizations that promote

the welfare of the nation.

Section 23

The State recognizes the vital role of communication and information in

nation-building.

Section 24

The State shall ensure the autonomy of local governments.

Section 25

The State shall guarantee equal access to opportunities for public

service, and prohibit political dynasties as may be defined by law.

Section 26

The State shall maintain honesty and integrity in the public service and

take positive and effective measures against graft and corruption.

Section 27

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.

Section 28

The End...