DECLARATION OF PRINCIPLES
DECLARATION OF PRINCIPLES
STATE POLICIES
A. Prin inc cipl ple es This portion of the Constitution might be called ca lled of the nation the basic political creed of It lays down the policies that the government is bound to observe. These provisions prescribe 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 fulllment of these government duties through the exercise exercise of the t he right of surage.
CREED or principles principles - a set of beliefs or or aims aims that that guide someones actions.
I. First Part of the Article !numerates the Principles of the State such as the " Section
1:
#emocratic and republican nature of the $hilippine %tate Section 2: &enunciation of war as an instrument of national policy Section 3: The supremacy of civilian authority over the military Section 4: The peoples duty to defend the %tate Section 6: %eparation of Church and %tate
'nd so on, Section 5 was included in the #eclaration of $rinciples of the 19! Constit"tion#
II. Second Part of the Article Stip"lates t$e State policies s"c$ t$e% $romotion of an independent foreign policy Section 10: $romotion of social (ustice Section 13: &ecognition of the youths and womens role in nation-building Section 21: $romotion of a comprehensive rural development and agrarian reform Section
7:
%imilarly, Section &9&11&1'&1(&15&1)&1!&1&19&' *&''&'+&'(&'5&')&'!&' was added in the state policies of the 19! Constit"tion#
Section " The $hilippines is a democratic and republican %tate. Sovereignt! resides in the people and all government authority emanates from them.
Democratic and Republic
Section "# This article is a reproduction of Article II& Section I of t$e 19+5 Constit"tion, maintained under Section I& Article II of t$e 19!+ Constit"tion#
Section "# The re)uirements of a democratic and republican state are as follows" Cardinal rights embodied in the *ill of &ights The principle that the %tate cannot be sued without its consent The principle that ours is a government of laws and not of men The principle that the legislature cannot pass irrepealably laws !lection through popular will The principle that an o+ce is a public trust The rule against undue delegation of legislative power.
Section " S$%EREI&'() - is the supreme po*er of the state to command obedience from all the inhabitants, whether citien or alien. This power resides in the people. Therefore, the! have the right to constitute their own government, dene and provide the powers it may exercise within legal limits. This right may be exercised directly or indirectly.
Section " The $hilippines is a democratic and republican %tate. Sovereignt! resides in the people and all government authority emanates from them.
Section The $hilippines renounces *ar as an instrument of national polic! , adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace+ e,ualit!+ ustice+ freedom+ cooperation+ and amit! with all nations.
Section #
%ection is a substantial reproduction of the contents of. Section +& Article II of t$e 19+5 Constit"tion#
Section # This particular proviso is divided into three parts
&enunciation of war as an instrument of national policy 'doption of the generally accepted principles of international law as part of the law of the land 'dherence to the policy of peace, e)uality, (ustice, freedom, cooperation, and amity with all nations.
Section # Renunciation of *ar as a national polic! In renouncing war as an instrument of national policy expressly declared in the Constitution, the $hilippines a+rms the "/0 and the "1" Constitutional Convention2s belief that an eective means of outlaw war is to prohibit the same in the Constitution. This particular proviso contemplates, as it was contemplated under the "/3 Constitution, defensive war, not aggressive war. This was inspired by the e llog-*riand $act of / 'ugust 012 which renounces wars of aggression.
3hat is the reason ,$- t$e Constit"tion ma.es /efense of t$e state t$e prime /"t- of 0oernment 2
T$e po,er to ,a0e a /efensie ,ar is an in$erent part of soerei0nt-#
under section 0 of Article II of the charter.
Section /
Civilian authorit! is at all times supreme over the military.
%upremacy of civilian authority over the military is in$erent in /emocratic an/ rep"blican states. %uperiority of civilian authority over the military is regarded as an essential constit"ent of t$e fabric of political life#
Section /#
A45A)S RE6E67ER8888
Section /# The Presi/ent of t$e P$ilippines is always a ciilian. 't the same time, he is the Comman/er3in3 C$ief of all the 'rmed 4orces5 the army, the navy and the air force, including the Capital command.
Section /# Role of the Armed Forces The 'rmed 4orces of the $hilippines is the protector of the people and the %tate. Its goal is to secure the sovereignt! of the %tate and the integrit! of the national territory.
Section 0
(he Prime Dut! of &overnment is to serve and protect the people.
Section 0# It is the right of a state to e9act compulsor! militar! service of its citien and such exaction does not violate the principle of involuntary servitude.
This proviso was incorporated in view of the recognied inade)uacy of a voluntary system both in terms of military eectiveness and in terms of e)uality between the rich and the poor.
Section 3 The maintenance of peace and order , the protection of life+ libert! , and propert! , and the promotion of the general *elfare.
Section 3# The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for t$e en4o-ment b- all t$e people of t$e blessin0s of /emocrac-#
Section 3# 4or the 4ilipino people to secure unto themselves and their posterit! the blessings of independence and democracy as envisioned in the Preamble of the ":1 Constitution , it is necessary for the 6overnment to maintain peace and order protect life, liberty and property promote the general welfare
Section ;
The separation of the church and state shall be inviolable.
Section ;# The union of the church and the state is pre(udicial to both. The provisions of the 012/ Constitution that compliments the principle of separation of the church and state are found under" %ection 7, 'rticle III %ection 1 89 of 'rticle :I %ection 2 8;9 of 'rticle :I %ection 2 8;9 of 'rticle I<-C
<(he Church and the State are t*o entities that pla! an important role in our life.=
- 4ate >aime Cardinal Sin
Section ;# =et us >eep them separate, by all means, but let us not interpret separation as segregation. =et us beliee that they can wor> hand in hand, separate b"t parallel li>e two trac>s on the railroad leading to the same destination.
Section 1
In/epen/ent Forei0n Polic- of t$e P$ilippines#
Section 1# The %tate shall p"rs"e an in/epen/ent forei0n polic- . In its relations with other states the paramount consideration shall be national soerei0nt-& territorial inte0rit-& national interest& an/ t$e ri0$t to self3 /etermination#
Section : The $hilippines, consistent with the national interest, a/opts an/ p"rs"es a polic- of free/om from nuclear weapons in its territory.
Section The %tate shall promote a 4"st an/ /-namic social or/er t$at ,ill ens"re t$e prosperit- an/ in/epen/ence of t$e nation an/ free t$e people from poert- through policies that provide ade)uate social services, promote f"ll emplo-ment , a rising standard of living, and an improe/ "alit- of life for all.
Section "?
The %tate shall promote social 4"stice in all phases of national development.
Section ""
The %tate al"es t$e /i0nit- of eer- $"man person an/ 0"arantees f"ll respect for human rights.
Section " The %tate reco0ni6es t$e sanctit- of famillife and shall protect an/ stren0t$en t$e famil- as a basic a"tonomo"s social instit"tion. It shall e)ually 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 e+ciency and the development of moral character shall receive the support of the 6overnment.
Section "/ The %tate recognies the ital role of t$e -o"t$ in nation3b"il/in0 and shall promote an/ protect t$eir p$-sical& moral& spirit"al& intellect"al& an/ social ,ell3bein0. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic aairs.
Section "0
The %tate reco0ni6es t$e role of ,omen in nation3b"il/in0, and shall ens"re t$e f"n/amental e"alit- before the law of women and men.
Section "3
The %tate shall protect an/ promote t$e ri0$t to $ealt$ of t$e people and instill $ealt$ conscio"sness among them.
Section ";
The %tate shall protect an/ a/ance t$e ri0$t of t$e people to a balance/ an/ $ealt$f"l ecolo0- in accord with the rhythm and harmony of nature.
Section "1 The %tate shall 0ie priorit- to e/"cation& science an/ tec$nolo0-& arts& c"lt"re& an/ sports to foster patriotism an/ nationalism& accelerate social pro0ress& an/ promote total $"man liberation an/ /eelopment .
Section ":
The %tate a7rms labor as a primarsocial economic force. It shall protect the rights of wor>ers and promote their welfare.
Section "
The %tate shall /eelop a self3reliant an/ in/epen/ent national econom- eectively controlled by 4ilipinos.
Section ?
The %tate reco0ni6es t$e in/ispensable role of t$e priate sector , enco"ra0es priate enterprise& an/ proi/es incenties to needed investments.
Section "
The %tate shall promote compre$ensie r"ral /eelopment an/ a0rarian reform.
Section
The %tate reco0ni6es an/ promotes t$e ri0$ts of in/i0eno"s c"lt"ral comm"nities within the framewor> of national unity and development.
Section /
The %tate s$all enco"ra0e non3 0oernmental& comm"nit-3base/& or sectoral or0ani6ations t$at promote t$e ,elfare of t$e nation.
Section 0
The %tate reco0ni6es t$e ital role of comm"nication an/ information in nation3b"il/in0#
Section 3
The %tate s$all ens"re t$e a"tonomof local 0oernments#
Section ;
The %tate s$all 0"arantee e"al access to opport"nities for p"blic serice, and pro$ibit political /-nasties as may be dened by law.
Section 1
The %tate s$all maintain $onest- an/ inte0rit- in t$e p"blic serice an/ ta.e positie an/ e8ectie meas"res a0ainst 0raft an/ corr"ption#
Section :
%ub(ect to reasonable conditions prescribed by law, the %tate a/opts an/ implements a polic- of f"ll p"blic /isclos"re of all its transactions involving public interest.
