(Structure and Powers of Government)

CONSTITUTIONAL LAW I

By: A.D. Bautista

Article II DECLARATION OF PRINCIPLES AND STATE POLICIES
DECLARATION OF PRINCIPLES AND STATE POLICIES
Purpose
to shed light on the meaning of the other provisions of the
Constitution
to guide all departments of the government in the
implementation of the Constitution

DECLARATION OF PRINCIPLES AND STATE POLICIES

A. Principles
Section 1
democratic and republican State
Sovereignty resides in the people
Government authority emanates from the people
- constituent and ministrant functions
- de jure and de facto government
*1986 Aquino Government (EDSA I)
*2001 Macapagal - Arroyo Government (EDSA II)
- presidential vs. parliamentary
- unitary vs. federal
Difference among state, government and administration

DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 2
war as an instrument of national policy
generally accepted principles of international law form part of
the law of the land
- incorporation or transformation
adheres to the policy of peace, equality, justice, freedom,
cooperation and amity with all nations
DECLARATION OF PRINCIPLES AND STATE POLICIES
Section 3
civilian authority at all times supreme over the military
- commander-in-chief powers (Art. VII, Sec. 18)
Armed Forces of the Philippines
- protector of the people and the State
*EDSA II
- secure the sovereignty of the State and integrity
of the national territory
DECLARATION OF PRINCIPLES AND STATE POLICIES
Section 4
Prime duty of Government is to serve and protect the people
Government may call upon people to defend the State and all
citizens may be required to render personal military or civil
service
- ROTC
- Involuntary servitude (Art. III, Sec. 18(2))
DECLARATION OF PRINCIPLES AND STATE POLICIES
Section 5
Essential for the blessings of democracy
- maintenance of peace and order

- protection of life, liberty and property

- promotion of general welfare
Section 6
Separation of Church and State shall be inviolable
- Non-establishment clause (Art. III, Sec. 5)
- Real property taxes (Art. VI, Sec. 28(3))
- Payment of public money (Art. VI, Sec. 29(2))
- Teaching of religion (Art. XIV, Sec. 3(3))
DECLARATION OF PRINCIPLES AND STATE POLICIES
B. State Policies
Section 7
Independent foreign policy
Paramount considerations: national sovereignty, territorial
integrity, national interest and right to self-determination
Section 8
Freedom from nuclear weapons in Philippine territory
consistent with national interest
Section 9

DECLARATION OF PRINCIPLES AND STATE POLICIES

Just
-

and dynamic social order

prosperity and independence of the nation
free people from poverty through adequate social services
full employment, rising standard of living and improved
quality of life for all

Section 10
Social Justice
- those who have less in life shall have more in law
- laissez fare / Social Darwinism
- Article XIII

Section 11

DECLARATION OF PRINCIPLES AND STATE POLICIES

Dignity of Human Person

Respect for Human Rights
- Article XIII
Section 12
Sanctity of family life
Family as a basic autonomous social institution
- Article XV
- same sex marriages?
- human cloning?
DECLARATION OF PRINCIPLES AND STATE POLICIES
Equally protect the life of the mother and the unborn from
conception
- abortion
- unborn as a legal person
Non-establishment clause
Rearing of youth for civic efficiency and development of moral
character
- parens patriae (Meyer/Pierce)
Section 13

DECLARATION OF PRINCIPLES AND STATE POLICIES

Vital role of youth in nation-building

- physical, moral, spiritual, intellectual and social well-being
- inculcate patriotism and nationalism
- involvement in public and civic affairs
Section 14
Women
- fundamental equality
policy that woman who marries shall be disqualified

from work is discriminatory (PT&T 1997)

- adultery/concubinage
DECLARATION OF PRINCIPLES AND STATE POLICIES
Section 15
Right to Health
- Art. XIII, Sec. 11-13
Section 16
Right to a balanced and healthful ecology
- Oposa as judicial legislation
Section 17
Priority to ESTACS
- Art. XIV

DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 18
Labor as a primary social economic force
Rights of workers
- Art. XIII, Sec. 3
Section 19
Develop a self-reliant and independent national economy
effectively controlled by Filipinos
DECLARATION OF PRINCIPLES AND STATE POLICIES
Section 20
Indispensable role of the private sector
- encourage private enterprise through incentives
free enterprise does not call for the removal of
protective regulations (Pharma Association 2007)
Section 21

Comprehensive rural development and agrarian reform

- Art. XIII, Sec. 4-8
Section 22
Indigenous Cultural Communities
- Art. XIII, Sec. 6
- Art. XVI, Sec. 12

DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 23
Non-governmental, community-based or sectoral organizations
- Art. XIII, Sec. 15-16
Section 24
Role of communication and information
- Art. III, Sec.7
- Art. XII, Sec. 11, 17-18
- Art. XVI, Sec. 11
DECLARATION OF PRINCIPLES AND STATE POLICIES
Section 25
Antonomy of local governments
- Art. X
- Federalism
Section 26
Equal access to opportunities for public service
Prohibit political dynasties as may be defined by law
State not compelled to enact positive measures that would
accommodate as many as possible into public office
(Pamatong 2004)

DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 27
Maintain honesty and integrity in public service
Take positive and effective measures against graft and
corruption
- Art. XI
Section 28
Full public disclosure of all transactions involving public
interest
- Art. III, Sec. 7

(Structure and Powers of Government)

CONSTITUTIONAL LAW I

By: A.D. Bautista