philippine constitution

51
Article II - Declaration of Principles and State Policies

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The study of Philippine Constitution

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  • 1.Principles

2. SECTION 1. The Philippines is a democraticand republican State. Sovereignty resides inthe people and all government authorityemanates from them.A democratic and republican state.-States that the Philippines is a democraticstate. 3. Section 1.Manifestations of a democratic and republican state. The existence of a bill of rights. The observance of the rule of the majority. The observance of the principle that ours is a government of laws,and not of men. The presence of elections through popular will. The observance of the principle of separation of powers and thesystem of checks and balances. The observance of the principle that the legislature cannot passirreparable laws. The observance of the law on public officers . The observance of the principle that the State cannot be suedwithout its consents. 4. Section 1.Sovereignty of the People - Sovereignty is the supreme power to govern. It lies in the hands of the Filipino people whohave the right to choose the type ofgovernment they want and to define thepowers it shall hold and exercise. It is their right to abolish their governmentand form a new one and organize it in suchform as seems to them best for their welfareand happiness. 5. Section 1. Sovereignty is exercised indirectly Through public officials elected by the people. Officials appointed by the elected officials. Sovereignty is exercised directly Suffrage.Peoples Participation1. Multi-Party System2. Party-list system3. Peoples Organization4. System of Initiative and Referendum5. Plebiscite 6. SECTION 2. The Philippines renounces war as aninstrument of national policy, adopts the generallyaccepted principles of international law as part ofthe law of the land and adheres to the policy ofpeace, equality, justice, freedom, cooperation, andamity with all nations.Renunciation of war as instrument of nationalpolicy. Philippines cannot declare war on anothercountry The country can only declare an existing stateof war an act of defense 7. Section 2.Adoption of the generally accepted principlesof international law as part of the countrysown law International law-body of rules and principleswhich govern s the relations of nations andtheir respective peoples in their intercoursewith one another. Doctrine of Incorporation-the commitment ofthe state to international laws When international usage to be applied A treaty has force of a statute Constitution prevails over a treaty 8. Section 2.Adherence to the policy of peace, equality,justice, freedom, cooperation, and amitywith all nations. Philippines seek peace and unity with theneighboring countries all over the worldregardless of race, ideology, and politicalsystem on the basis of mutual trust, respectand cooperation. It supports the rights of othercountries in terms of equality, freedom andjustice in their relations with one another andthe policies of peaceful negotiations, andopposes the use of force, threat of force, in therelations with other countries. 9. Section 2. 10. SECTION 3. Civilian authority is at all times,supreme over the military. The Armed Forces ofthe Philippines is the protector of the peopleand the State. Its goal is to secure thesovereignty of the State and the integrity of thenational territory.Supremacy of the Civilian Authority The President is the commander-in-chief of thearmed forces of the Philippines, The army, the navy, the air force, and themarines. The appointment of the high ranking officialsis vested in the President. 11. Section 3.Armed Forces: Protector of the State Armed Forces of the Philippines (AFP) Its goals is to discharge the function of beingthe protector of: The sovereignty of the State Integrity of our National Territory 12. SECTION 4. The prime duty of the Government isto serve and protect the people. The Governmentmay call upon the people to defend the State and,in the fulfillment thereof, all citizens may berequired, under conditions provided by law, torender person military or civil service. 13. SECTION 5. The maintenance of peace and order,the protection of life, liberty, and property, andpromotion of the general welfare are essential forthe enjoyment by all the people of the blessings ofdemocracy. Peace and Order Duty of the government to maintain peace and order. Through making laws Enforcing laws Promote the general welfare 14. Section 5. 15. SECTION 6. The Separation of Church and Stateare inviolable. The government shall not favor any religion,support them using public funds ,or evenestablish or set up a church. The Church should not get involved in politicalissues or matters.ESTABLISHMENT OF RELIGION CLAUSE The State shall have no official religion. The State cannot set up a church. Everyone has the freedom to profess their beliefor disbelief in any religion. 16. Section 6. Every religious minister is free to practice hiscalling. The State cannot punish a person forentertaining or professing religious beliefs ordisbeliefs. The command that Church and the state beseparate does not mean hostility towardsreligion . Preamble Other provisions/laws 17. State Policies 18. SECTION 7. The State shall pursue anindependent foreign policy. In its relations withother states the paramount consideration shall benational sovereignty, territorial integrity, nationalinterest, and the right to self- determination.Foreign Policy Basic direction underlying the conduct by a State ofits affairs vis-a vis those of other States. It is a set of guidelines followed by a government ofa country.1. Formulation and conduct of foreign policy The president is the chief architect of Philippineforeign policy. 19. Section 7.2. An instrument of domestic foreign policy Its importance in the survival and progress of a country cannot be over-emphasized. Sole weapon of a State for the promotion of national interest in international affairs.3. Pursuit in an independent foreign policy Simply means one that is not subordinate.4. Basic Foreign policy objective To establish friendly relation with all countries of the world5. Paramount consideration Must be a policy of flexibility and pragmatism guided only by the welfare of our people and the security of our Republic. Shall be national sovereignty, territorial integrity, national interest, and the right to self determination. 20. SECTION 8. The Philippines, consistent with thenational interest, adopts and pursues a policy offreedom from nuclear weapons in its territory.Freedom from Nuclear Weapons It is a prohibition from: Making Storing Manufacturing DumpingOf nuclear weapons, devices, or parts thereof in our country. 21. Section 8.Exceptions The use of nuclear for: Medicine Agriculture And other beneficial purposes If the national interest so requires The storing of nuclear weapons in our territory 22. SECTION 9. The State shall promote a just anddynamic social order that will ensure theprosperity and independence of the nation andfree the people from poverty through policies thatprovide adequate social services, promote fullemployment, a rising standard of living, and animproved quality of life for all. 23. Section 9.Just and Dynamic Social Order This is accomplished through policies that: Provide sufficient social services (in the field of health, education, housing, etc). Promote full employment. A rising standard of living. Improve quality of life for all. 24. SECTION 10. The State shall promote socialjustice in all phases of national development.The State must give preferential attention to the welfareof the less fortunate members of the community the poor Uneducated Underprivileged disabled 25. SECTION 11. The State values the dignity of everyhuman person and guarantees full respect forhuman rights.Human Rights Belief in inherent dignity of every human person basisof human right A human person is a being not a thing. In a democratic state, the individual enjoys certainrights which cannot be modified or taken away by thelawmaking body. 26. SECTION 12. The State recognizes the sanctity offamily life and shall protect and strengthen thefamily as a basic autonomous social institution. Itshall equally protect the life of the mother and thelife of the unborn from conception. The naturaland primary right and duty of parents in therearing of the youth for civic efficiency and thedevelopment of moral character shall receive thesupport of the Government.Right of human life of the unborn fromconception and of the mother Once conceived, a child has the right to be bornand the right to live. 27. Section 12. Mandates the protection of the unborn fromthe possibility of abortion being legalized. The State should also protect the health of themotherRearing of the youth for civic efficiency anddevelopment of moral character A duty of both parents and government Proper education and good upbringing of thechildren can help to the welfare of the societyand the common good. The government shouldshare the responsibility of the parents to traintheir children to be worthy citizens bysupporting and encouraging them in order toprepare them for the future. 28. Section 12. Right of State to interfere with education of thechildren The parents and the government have the dutyin giving adequate education to the children Power of State to regulate all schools The State has the power to require the agechildren of proper age to attend school, theteachers shall be of a good moral character andteach the children certain points to goodcitizenship. The State and parental obligations 29. Section 12. It is the duty of the State to see whether theparents fulfill their obligations in the educationof their child Duty of State to encourage educationalinstitutions Support and encourage private and parochialschools as long as they meet the seculareducational requirements 30. SECTION 13. The State recognizes the vital role ofthe youth in nation-building and shall promoteand protect their physical, moral, spiritual,intellectual, and social well-being. It shallinculcate in the youth patriotism and nationalism,and encourage their involvement in public andcivic affairs.Role of the Youth in Nation Building Youth are better educated, more well-informed. The constitution recognizes the importance ofthe youth. 31. Section 13.CLWTTSSROTC 32. SECTION 14. The State recognizes the role ofwomen in nation-building, and shall ensure thefundamental equality before the law of women andmen.Role of women in nation building Our women have proven their capabilities indifferent fields in business, professions, arts,education and in public service eveninternationally. In the past and even today, women involvethemselves in worthy causes or activitiesinvolving national concerns 33. Section 14. The State should formulate strategies to expandwomens participation in non-household andproductive activities, and make them as the directcontributors to the countrys economic growth. It is the duty of the State to ensure equality before thelaw in all aspects of national life by rectifying orending all practices and systems that aredisadvantageous to women or discriminate againstthem. 34. Section 14. 35. SECTION 15. The State shall protect and promotethe right to health of the people and instill healthconsciousness among them.Health is the state physical, social and mental well-beingrather than merely than merely the absence of physicaldiseasesThese constitution gives the right to the people to health DOH Health Center 36. SECTION 16. The State shall protect and advancethe right of the people to a balanced and healthfulecology in accord with the rhythm and harmony ofnature. Right to Balanced and Healthful Ecology The need for a program to address the ecological problems of: Pollution Waste disposal Forest denudation Flood drought Dying river beds Destruction of waterways Protect human life 37. SECTION 17. The State shall give priority toeducation, science and technology, arts, culture,and sports to foster patriotism and nationalism,accelerate social progress, and promote totalhuman liberation and development. The States prioritizes the following through theirdifferent programs like the:DepEdDOSTPSC 38. SECTION 18. The State affirms labor as a primarysocial economic force. It shall protect the rights ofworkers and promote their welfare. Human labor is not only treated as land, tools, ormachinery. It mandates the State to provide livingwage and full participation to workers in decision-making processes which affect their rights andbenefits. 39. SECTION 19. The State shall develop a self-reliantand independent national economy effectivelycontrolled by Filipinos. States the constitutional guidelines in thedevelopment of the economy: Economic self-reliance Independent national economy And effective Filipino control of the economy 40. SECTION 20. The State recognizes theindispensable role of the private sector,encourages private enterprise, and providesincentives to needed investments.Role of private sectors in the economy The Constitution does not favor an economywhere the State directly competes with privatebusiness. The business of government is governance andNOT money-making. 41. SECTION 21. The State shall promote comprehensiverural development and agrarian reform. Covers all phases of rural development: Economic Social Political Cultural Industrial 42. SECTION 22. The State recognizes and promotesthe rights of indigenous cultural communitieswithin the framework of national unity anddevelopment. Recognizes the existence and the rights of theindigenous cultural communities. Directs the State to promote the rights of indigenouscultural communities by considering their customs,traditions, beliefs, and interests. Implementing state policies with full respect to theirculture, dignity, uniqueness and human rights. 43. Section 22. 44. SECTION 23. The State shall encourage non-governmental, community-based, or sectoralorganizations that promote the welfare of thenation. The state is required to encourage these organizationsbecause recent events have shown that, underresponsible leadership, they can be active contributorsto the political, social, and economic growth of thecountry promote the welfare of the nation. 45. SECTION 24. The State recognizes the vital role ofcommunication and information in nation-building. Means of communications such as: Motion pictures Television Radio Newspapers Magazines 46. Section 24.Nation-Building The people are enlightened on certain publicissues. They can also serve as useful tools to promoteunity among the Filipinos. 47. SECTION 25. The State shall ensure theautonomy of local governments. Local affairs can best be regulated by thepeople in the locality. 48. SECTION 26. The State shall guarantee equalaccess to opportunities for public service, andprohibit political dynasties as may be defined bylaw. This does not allow the existence of politicaldynasties or the practice of keeping politicalpower within the control of select families. Emphasizes the duty of the government touphold democratic elections and appointments. 49. SECTION 27. The State shall maintain honestyand integrity in the public service and takepositive and effective measures against graft andcorruption.Honesty and integrity in public service Undermines the quality of life for peopleespecially in poor qualities. The constitution seeks to minimize and findcompletely to eliminate graft and corruption, away to attack problem. 50. SECTION 28. The Subject to reasonableconditions prescribed by law, the State adopts andimplements a policy of full public disclosure of allits transactions involving public interests. Section 7 of the Bill of Rights Guarantees the peoples right to know anytransaction entered into by the government. Limited to things which involves public concerns . The policy covers matters involving publicinterest especially those concerning theutilization of public funds and property.