Declaration of Principles and State Policies

PRINCIPLES

Sec 1: The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

Manifestations of democratic & republican state• The existence of Bill of Rights• The rule of majority• The principle that ours is a government of laws,

not of men• Elections through popular will• System of powers and systems of checks and

balances• Principle that legislature cannot pass irrepealable

laws• The observance of law on public officers• The principle that State cannot be used without

its consent

Sovereignty of the People1) Exercised indirectly through public

officials- People do not govern themselves directly. This is exercised through duly constituted public officials as public servants, and are accountable to the people. Their delegated powers are the acts of people.

2) Exercised directly through suffrage- Actual sovereignty is exercised by the people through electoral process. The popular will is best when electoral process are free, clean and honest (not granted by status or property). It is imperative that the broadest choice of representatives is available to the people.

Party-List “Poopers”Ang Galing Pinoy (Hon. Mikey Arroyo)Ako Bikol (16 congressional district

representatives and 4 senators)

“of the 57 nominees from 43 party-list groups in the 15th Congress, 12 are members of political clans, while nine are affiliated with or openly endorsed by religious groups. Meanwhile, 79 percent of the party-list groups were classified as ‘traditional,’ or those having links with traditional forces, administration, political clans, big business and emerging religious dynasties.” (Center for People Empowerment in Governance)

Only 1/5 of the House is represented, so it needs the congressional district reps and senator to pass a single bill

Right of the people to revolt.People can resort to revolution as a matter of

right, being the ultimate judges of their destiny.

A provision in the Constitution expressly recognizing the people’s right to vote against a tyrannical government is not necessary and proper

Although an inherent right, it is not highly recommended for it will suggest instability in the state

Sec. 2-Sec. 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 policyThis is in accordance with the principle of UN

CharterThe declaration refers only to renunciation by

the Philippines of aggressive war, not war in defense of her national honor and integrity.

Under A6, S 23(1), Congress with concurrence of 2/3 of all its members, voting separately, may declare the existence of a state of war

Adoption of the generally accepted principles of IL as part of our law• This declaration binds the Philippines to

enforce or observe within its jurisdiction generally accepted principles of international law, whether customary or by treaty provision, as part of the law of the land.

• IL refers to the body of rules and principles which governs the relations of nations and their respective peoples in their relations with one another

1) When international usages to be appliedInternational usages or the customs of

civilized nations are given effect by our courts in the absence of any treaty, executive order, legislative act, or judicial decision

An example is that fishing boats belonging to an enemy are not subject to seizure in time of war [Paquete Habana]

A treaty has force of a statute.The Constitution gives a treaty the same

weight and value as a statute of CongressIn case a conflict between a treaty and a

statute, the prior act is superseded by the latter.

Constitution prevails over a treatyThe phrase “law of the nation” in the 1935

Constitution was changed to “law of the land” in the 1973 Constitution in order to avoid any conjecture that the generally accepted principles of IL are incorporated into Philippine law with the force of constitutional provisions.

Adherence to the policy of peace, etc with all nations• In line with UN, the Philippines seeks only

peace and friendship with her neighbors and the rest of the world on the basis of mutual trust, respect, and cooperation

• It supports the right of all nations, big and small, to equality, freedom, and justice in their relations with one another and the policy of non-interference and peaceful settlement of international disputes

Sec. 3Civilian 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 security.

Supremacy of Civilian Authority over the Military1) Inherent in a republican system: The idea

of the supremacy of civilian authority, the highest of such authority, being the President, is at all times especially during martial law or suspension of writ of habeas corpus. Even in war, military is subordinate to civilian authority.

2) A safeguard against military dictatorship: The president as commander-in-chief, issues orders to armed forces, appoints high ranking officials, determines military budget and defines national policy on defense and security.

Armed Forces of the Philippines, protector of the people and the State1) Armed Forces might forces, internal or

external, which seek to overthrow the government, impair the independence of the nation, or dismember any portion of territory

2)A16 S5, directs the state to “strengthen the patriotic spirit and nationalist consciousness of the military, and respect for people’s rights in the performance of their duty”.

Oakwood and Manila Peninsula

Sec. 4The 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 of civil service

Primary duty of GovernmentFor defense of the State, it may call upon the

people to defend the StateThe term people may also include aliens since

they are likewise subject to regulation adopted by the government for the defense of the State

Defense of the State Against Foreign AggressionIt may call upon the people to defend the

State

The 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 Service1)Defense of State Performed through an

Army- The duty of the government and the people to defend the State cannot be performed except through an army

2) Compulsory: Any citizen recruited for the army or civil service for the defense of the State may not refuse on the ground

3) Meaning of Civil Service: This refers to any service for the defense of the State other than as soldiers, like as workers

4) Personal: One cannot render the service required through another. The service must be “personal”

5) By law: This seeks to emphasize the primordial responsibility of the Government “to serve and protect the people” even when they are called upon “to defend the State”

Sec. 5The 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 the democracy.

* “ 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”

Sec. 6

The separation of Church and State shall be inviolable.

Principle of separation of the church and StateThe principle of the separation of church and

State being inviolable is implied from the constitutional prohibitions that “no law shall be made respecting an establishment of religion”

This simply means that church is not to interfere in purely political matters or temporal aspects of man’s life and the State, in purely matters of religion and morals, which are the exclusive concern of the other.

Meaning of “establishment of religion”1)The State shall have no religion2) The State cannot set up a church, whether or

not supported with public funds, nor aid of religion

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

4) Every religious minister is free to practice his calling

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

No Hostility Towards Religion1)Religious purposes are exempted from

taxes2)The use of public money or property is not

prohibited when a priest, preachers or dignitary is assigned to armed forces or any govt. institution

3)Optional religious instruction in public elementary and high schools is by constitutional mandate allowed

4)Thursday and Friday of Holy Week, Christmas Day and Sundays are made legal holidays for beneficial moral standards

5)The law punishes polygamy and bigamy, and certain crimes against religious worship are considered crimes against the fundamental laws of the State