Philippine State Policies and Principles

Article II of the 1987 Constitution

• Is the embodiment of the state’s policies and principles. The policies and principles serves as a guide to the three branches of the government in the exercise of their powers and implementation of the constitution.

Non – self Executing

• Statements of principles and policies are basically not self – executing provisions because congress should still pass laws required to clearly define effectuate such policies.

Right – conferring provision

• In the case of Kilosbayan vs. Morato(supra), the Supreme Court reiterated the doctrine that constitutional policies and principles are non – self –executing and do not confer rights. However, it recognized an exception to the rule as in the case of Oposa vs. Factoran.

Implementing Constitutional Provisions

•Non – self – executory provisions on State policies and principles usually require a law passed by congress to implement it. However, there are instances when the Constitution itself provides rules as an implement to polices and principles.

Democracy and Republicanism

• Section 1, Article II of the Philippine Constitution provides: “The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them”.

Defensive War

• Article 51 of the UN Charter provides: Nothing in the present Charter shall impair the inherent right of individual or collective self – self – defense if an armed attack, occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security

Individual Self - Defense

• Defensive war is not within the context of the policy of the Philippines on renunciation of war. What is prohibited under Article II, Section 1, of the Constitution is an aggressive war. To renounce war waged in self – defense is to divest the most important attribute of a senate, to wit, right to exist.

Collective Self - Defense

• By virtue of a defense alliance arrangement, a group of states may exercise self 0 defense collectively against an aggressive state. Even if an enemy state attacked only one ally, the alliance may launch a concerted war against the former to defend the latter.

Preventive Defensive War

• Under Article 51 of the UN Charter, the exercise of individual or collective self –defense will only be justified “if an armed attack against a Member of the United Nations.”

Peacekeeping Force

• Under the UN Charter there are only two ways used by the UN to maintain or restore international peace and security, to wit: (1) obliging members to resort to pacific settlement in resolving international disputes, and (2) taking preventive or enforcement action against an aggressive state.

Collective Security War

• Article 2 (5) of the UN Charter provides: “ All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.”

Humanitarian War

• International law prohibits military intervention by a state into the affairs of another state on humanitarian reason since it is a breach of it’s right of independence of the latter.

Doctrine of Incorporation

• Section 2, Article II provides: “The xxx adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy peace, equality, justice, freedom, cooperation and amity all nations.”

Civilian Supremacy over the Military

• Section 3, Article II provides: “Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and State. Its goal is to secure the sovereignty of the State and the Integrity of the national territory

Separation of State and Church

• Section 6, Article II of the Constitution provides : “The separation of Church and state shall be inviolable.”

Wall of Separation, Not a Wall of Hostility

• In the famous words of Thomas Jefferson, “the Constitution erects a wall of separation between church and state.”

Union of Church and State, Prohibited

•The Constitution builds the wall of separation to block the unification of state and church.

Independent Foreign Policy

• Section 7, Article II of the Constitution provides: The State shall pursue ban independent foreign policy. In its relations with other states the paramount consideration shall be sovereignty, territorial integrity, national interest, and the right to self – determination.

Nuclear Weapons

• Section 8, Article II provides: “The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.”

Policy on Foreign Military

Foreign military bases troops, or facilities shall only be allowed in the Philippines under the following conditions:

Treaty – there must be a Treaty entered into between the Philippines and a foreign State allowing the presence of military bases, troops or facilities in the territory of the Philippines.

Senatorial Concurrence – the said Treaty must be concurred in the two –third votes of the Senate.

Ratified by the People – the people must ratify the treaty approved by the senate by majority votes cast in a national referendum when Congress requires it.

Recognized as Treaty – the foreign contracting state must recognize the international agreement allowing foreign military bases, troops or facilities as a treaty.

Social Justice

• The state shall promote social justice in all phases of national development. Social justice is xxx the humanization of laws and the equalization of social and economic forces by the state so that justice in its rational and objectively secular conception may at least be approximated.

• Social justice means the promotion of the welfare of the people, the adoption by the government of measure caculated to insure economic stability of all the competent elements of society, xxx.

Policy on Abortion

• The state shall equality protect the life of the mother and the life of the unborn from conception (Article II, Section 12)

Other Principles

•General Welfare – 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 blessing of democracy (Article II, Section 5)

• Poverty – 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 ( Article II, Section 9; see also; Article XIII, Section 9 and 10).

• Human Rights – The State values the dignity of every human person and guarantees full respect for human rights (Article II, Section 11; see also: Article XIII, Section 17 and 19).

• Family – The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. 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.

• Role of Youth - The state recognizes the vital 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 (Article II, Section 13).

• Role of Women – The State recognizes the role of women in the nation – building, and shall ensure fundamental equality before the law of women and men (Article II, Section 14; see also Article XIII, Section 14).

• Health – The State shall protect and promote the right to health of the people and instill health consciousness among them (Article II, Section 15; see also Article XIII Section 11 to 13.

• Ecology – 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 (Article II, Section 16).

• Education – 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 (Article II Section 17; see also Article XIV Section 1 to 5).

• Reference:

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