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Chapter 5 Fundamental Principles and State Policies

Article 2 Declaration of Principles and State Policies Law 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 objectives and 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 1937 constitution 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 person The 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 to introduce Serves to indicate the authors of the constitution Enumerates 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

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 supreme a. Every citizen is an individual repository of sovereignty b. Justice laurel i. an enfranchised citizen is a particle of popular sovereignty and is the ultimate source of established authority 1. The citizenry and not officialdom is recognized as the origin, and therefore also the restriction, of all government authority 2) A republic is a representative government a. A government run by and for the people. b. It is not a pure democracy where the people govern themselves directly c. Representation and renovation i. 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 discharge their position, as a public trust and shall, according to the constitution, at all times be accountable to the people i. They are sworn to serve e. Purpose: i. The promotion of the common welfare according to the will of 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 men i. 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 an unauthorized act

The defense of the state

a. Villavicencio Vs. Lukban

1) Section 4 a. The 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 or civil service. i. Based upon the inherent right of every state to existence and self-preservation 1. By virtue of this right, a state may take up all necessary action, including the use of armed force, to repel any threat to its security. b. Article 16, section 4 i. 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. 1 1. National defense act a. People V. Lagman i. The national defense law does not go against the constitution but is, on the contrary, in faithful compliance therewith. ii. The duty of the government to defend the state cannot be performed except through an army. 2) The duty to defend the state is imposed on all citizens; including women and that the military or civil service that may be required of them by law must be personal. Peace and order 1) Section 5 a. 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

The incorporation clause 1) Section 2 a. 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 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 of nations, 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 incorporation 2) Where there appears to be a conflict between international law and municipal law, effors should first be exerted to harmonize them, so as to give effect to both a. It should be presumed that municipal law was enacted with proper regard for generally accepted rules of international law. 3) Section 2 must be read with section 7 a. 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 8 a. 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 12 a. 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 right and 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:

i. Kindred ties are especially close in the Philippines, making the family a fundamental and important factor in the enhancement of the nation. ii. Better the home, better the nation, and also that the strength of the family lies in the correct upbringing of its children 2) Proper recognition is therefore given to the complementary roles of the parents 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 of their natural right and duty to rear children, but it may regulate the same under the police power 4) Childs formative years through school a. 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 13 a. 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 1 1. Requires the sates to protect and promote the right of all citizens to quality education at all levels and take all appropriate steps to make such education accessible to all. Women 1) Section 14

a. The state shall recognize the role of women in nation-building and shall 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 imbalance between the rich and the poor and the resultant divisiveness and hostility between them. 2) Social justice is neither communism, nor despotisms not atomism nor anarchy 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 9 a. 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 10 a. The state shall promote social justice in all phases of national development 5) Section 11 a. The state values the dignity of every human person and guarantees full respect for human rights 6) Section 18 a. The state affirms labor as a primary social economic force. It shall protect the rights of workings and promote their welfare 7) Section 21 a. The state shall promote comprehensive rural development and agrarian reform. Separation of church and state 1) Section 6

a. The separation of church and state shall be inviolable. b. The church is barred from meddling in purely secular matters c. 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 3 a. 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 single institution 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 commanderin-chief of the Armed Forces of the Philippines. Local autonomy 1) Section 25 a. The state shall ensure the autonomy of local governments b. Local government code c. Basis: i. Jeffersonian view 1. Municipal Corporations are the small republics from which the great one derives its strength. 2. The belief is shared in this country that vitalization of the 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 involvement that will encourage them to participate more actively in the direction of public affairs as members of the body politic. Economy 1) Section 19 The state shall develop a self-reliant and independent national economy effectively controlled by Filipinos

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 and agrarian 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 social progress, 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.