chapter 5- consti

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Chapter 5

Fundamental Principles and State Policies

Article 2Declaration of Principles and State PoliciesLaw down the rules underlying our system of government and must

therefore be adhered to in the conduct of public affairs and the

resolution of public issues

The purposes is to emphasize and more unequivocally the objectivesand limitations of governmental actions in pursuit of the general goals

announce in the preamble.

The number of sections has increased from only 10 in the 1937constitution to 28 in the present charter.Preamble

We, the sovereign Filipino people, imploring the aid of almighty god, in order

to build a just and humane society and establish a government that shall

embody our ideals and aspirations, promote common good, conserve and

develop our patrimony, and secure to ourselves and our posterity the

blessings of independence and democracy under the rule of law, and a regime

of trust, justice, freedom, love, equality and peace, do ordain and promulgate

this constitution.

First personThe use of the more intimate first person would deepen the sense of

involvement and participation of individual citizens in the ordaining

and promulgating of the constitution which is supposed to be their

common handiwork

This impression was not adequately conveyed by the 1935 constitution,where the Filipino people were viewed by many as a remote,

impersonal and abstract legal entity to which they did not belong

Not considered a source of substantive right since its purpose is only tointroduce

Serves to indicate the authors of the constitutionEnumerates the primary aims and expresses the aspirations of the

framers in drafting the constitution and is also useful as an aid in the

construction and interpretation of the text of the constitution


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Section 1

The Philippines is a democratic and republican state, sovereignty resides in

the people and all government authority emanates from them

1)People are declared supremea. Every citizen is an individual repository of sovereigntyb. Justice laurel

i. an enfranchised citizen is a particle of popular sovereigntyand is the ultimate source of established authority

1. The citizenry and not officialdom is recognized as theorigin, and therefore also the restriction, of all

government authority

2)A republic is a representative governmenta. A government run by and for the people.b. It is not a pure democracy where the people govern themselves

directly

c. Representation and renovationi. The selection by the citizenry of a corps of public

functionaries who derive their mandate from the people

and act on their behalf, serving for a limited period only,

after which they are replaced or retained at the option of

their principal

d. A responsible government whose officials hold and dischargetheir position, as a public trust and shall, according to theconstitution, at all times be accountable to the people

i. They are sworn to servee. Purpose:

i. The promotion of the common welfare according to the willof the people themselves.

1. This will is usually determined by the rule of majority,that is, the greter number of people

f.

Government of laws and not of meni. No person is above the law, all must bow to its majesty.1. Every official act must be based upon and conform to

the authority of a valid law, lacking which the must be

rejected

2. Nobility of intention is insufficient to validate anunauthorized act


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a. Villavicencio Vs. LukbanThe defense of the state

1)Section 4a.

The prime duty of the government is to serve and protect thepeople. 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 or

civil service.

i. Based upon the inherent right of every state to existenceand self-preservation

1. By virtue of this right, a state may take up allnecessary action, including the use of armed force, to

repel any threat to its security.

b. Article 16, section 4i. The armed forces of the Philippines shall be composed of a

citizen armed force which shall undergo military training and

serve, as may be provided by law.

ii. C.A. No. 11. National defense act

a. People V. Lagmani. The national defense law does not go

against the constitution but is, on the

contrary, in faithful compliancetherewith.

ii. The duty of the government to defend thestate cannot be performed except through

an army.

2)The duty to defend the state is imposed on all citizens; including womenand that the military or civil service that may be required of them by

law must be personal.

Peace and order

1)Section 5a. 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


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The incorporation clause

1)Section 2a.

The Philippines renounces war as an instrument of nationalpolicy, adopts the generally accepted principles of international

law as part of the law of the land, and adhere to the policy of

peace, equality, justice, freedom, cooperation and amity with all

nations

b. Every state is, by reason of its membership in the family ofnations, bound by generally accepted principles of international

law, which are considered to be automatically part of its own law

i. This is known as the doctrine of incorporation2)Where there appears to be a conflict between international law and

municipal law, effors should first be exerted to harmonize them, so as togive effect to both

a. It should be presumed that municipal law was enacted withproper regard for generally accepted rules of international law.

3)Section 2 must be read with section 7a. 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.

4)Section 2 must be read with section 8a. The Philippines, consistent with the national interest, adopts and

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

Rearing of the Youth

1)Section 12a. 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 rightand duty of parents in the rearing of the youth for civic efficiency

and the development of moral character shall receive the aid and

support of the government.

b. Reasons:


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i. Kindred ties are especially close in the Philippines, makingthe family a fundamental and important factor in the

enhancement of the nation.

ii. Better the home, better the nation, and also that thestrength of the family lies in the correct upbringing of itschildren

2)Proper recognition is therefore given to the complementary roles of theparents and the government in the rearing of the youth for the principal

purposes mentioned to wit, civil efficiency and the development of

moral character

3)The state cannot unreasonably interfere with the exercise by parents oftheir natural right and duty to rear children, but it may regulate the

same under the police power

4)Childs formative years through schoola. Schools are under its supervision and regulation, the state is in a

position to assist the parent in the proper upbringing of the child

through the enforcement of education policies looking to the

attainment of objectives.

5)Section 13a. 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.b. It is now sought to promote not only the civic efficiency and moral

character of young citizens but also their physical, moral,

spiritual, intellectual and social well-being so that they will be

fully prepared when they assume their responsibility of

leadership in the direction of our countrys destiny

i. Article 15, section 11. Requires the sates to protect and promote the right of

all citizens to qualityeducation at all levelsand take

all appropriate steps to make such education accessibleto all.

Women

1)Section 14


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a. The state shall recognize the role of women in nation-building andshall ensure the fundamental equality before the law of women

and men

Social justice

1)One of the most serious problems of the nation is the acute imbalancebetween the rich and the poor and the resultant divisiveness and

hostility between them.

2)Social justice is neither communism, nor despotisms not atomism noranarchy but the humanization of laws and the equalization for social

and economic forces by the state so the justice in its rational and

objectively secular conception may at least be approximated

a. Social justice means the promotion of the welfare of all the people,the adoption by the government of measure calculated to insure

economic stability of all the component elements of society,through maintenance of a proper economic and social equilibrium

in the interrelations of the members of the community.

3)Section 9a. 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 imporived quality of life for all

4)Section 10a. The state shall promote social justice in all phases of national

development

5)Section 11a. The state values the dignity of every human person and

guarantees full respect for human rights

6)Section 18a. The state affirms labor as a primary social economic force. It shall

protect the rights of workings and promote their welfare

7)Section 21a. The state shall promote comprehensive rural development and

agrarian reform.

Separation of church and state

1)Section 6


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a. The separation of church and state shall be inviolable.b. The church is barred from meddling in purely secular mattersc. The state is prohibited from interfering in purely ecclesiastical

affairs.

d.

Reason: Tends to destroy government and degrade religion.Supremacy of civilian authority

1)Section 3a. Civilian 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 territory.

b. The military establishment is the physically strongest singleinstitution in our country and has the capacity and might to wrest

power from the constituted authorities.2)Article 7, section 18

a. The president, who is a civilian official, shall be the commander-in-chief of the Armed Forces of the Philippines.

Local autonomy

1)Section 25a. The state shall ensure the autonomy of local governmentsb. Local government codec. Basis:

i. Jeffersonian view1. Municipal Corporations are the small republics from

which the great one derives its strength.

2. The belief is shared in this country that vitalization ofthe local government unit will enable its inhabitants

to develop their resource and thereby contribute to

the progress of the whole nation.

3. They will acquire a deepened sense of involvementthat will encourage them to participate more activelyin the direction of public affairs as members of the

body politic.

Economy

1)Section 19 The state shall develop a self-reliant and independentnational economy effectively controlled by Filipinos


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2)The state recognizes the indispensable role of the private enterprise,and provides incentives to needed investments section 20

3)The state shall promote comprehenseive rural development andagrarian reform

Miscellaneous

Section 15. The State shall protect and promote the right to health of the

people and instill health consciousness among them.

Section 16. 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 17. The State shall give priority to education, science and technology,

arts, culture, and sports to foster patriotism and nationalism, accelerate socialprogress, and promote total human liberation and development.

Section 22. The State recognizes and promotes the rights of indigenous

cultural communities within the framework of national unity and

development.

Section 23. The State shall encourage non-governmental, community-based,

or sectoral organizations that promote the welfare of the nation.

Section 28. 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.

chapter 5- consti

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