Professional Documents
Culture Documents
SECTION 1.
The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them
- Actual sovereignty is exercised by the people through the electoral process. The popular will is best expressed when electoral process are free, clean and honest on the basis of universal suffrage. Since we are a representative democracy , the free and true expression of the people sovereignty is of great importance
Sec. 2.
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 adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations
Adoption of the generally accepted principles of international law as part of our law
International law refers to the body of rules and principles which governs the relations of nations and their respective peoples in their intercourse with one another 1) When international usage to be applied -International usage or the customs of civilized nations are given effect by our courts in the absence of any treaty, executive order, legislative act, or juridical decision. An example of a principle established by international usage is that fishing boats belonging to an enemy are not subject to seizure in time of war. 2. A treaty has force of a statute
- The Constitution give a treaty the same weight and value as a statute of Congress. In case of a conflict between a treaty and a statute the prior act is superseded by the later one in point of time 3.Constitution prevails over a treaty - The phrase law of the nation in the 1935 Constitution was changed to law of the land in the 1973 Constitution in order to avoid any conjecture. The change is retained in the new constitution.
SEC. 3.
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.
-This deeply rooted political tradition is also inherent in a republican system of government. The Constitutional Convention and Commission have included the above provision as they felt the need for a clear expression in the Charter concerning the supremacy of the civilian authority over the military at all times, particularly during martial law or suspension of the privilege of the WRIT OF HABEAS CORPUS A safeguard against military dictatorship
- a civilian, the President is the commander-in-chief of all armed forces of the Philippines
Armed Forces of the Philippines, protector of the people and the State
1. Fearsome image acquired during martial rule - This was a contributory factor to the failure of the government to contain the growing insurgency problem. Rightly or wrongly, it had been accused of having committed, abetted, or tolerated numerous violations of human rights both against rebels and the civilian population. Among the cases reported are unexplained or force disappearance, extrajudicial killings (salvaging), massacres, tortures, hamletting, and food blockades.
2. Constitutional mandates The Constitution seeks to change this state of affairs: Through section 3 it defines the function of AFP and its goals. It shall be the protector of the people and the State to secure the sovereignty of the State and integrity of A. Through section 3 it defines the function of AFP and its goals. It shall be the protector of the people and the State to secure the sovereignty of the State and integrity of national territory. B. The Constitution insures professionalism in the AFP. It directs the State to strengthen the patriotic spirit and
C. national territory. D. B. The Constitution insures professionalism in the AFP. It directs the State to strengthen the patriotic spirit and nationalist consciousness of the military, and respect peoples rights in the performance of their duty.
SEC. 4.
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.
- To leave the org. of an army to the will of the citizens would be to make this duty executable should there be no sufficient men who volunteer to enlist therein. Compulsory
- According to the Supreme Court, Any citizen recruited for the army or civil service pursuant to law for the defense of the State may not refuse on the ground that to go to war is against his religion
Civil Service
- refers to any service for the defense of the State other than as soldier, like as workers in munitions factories Personal
- One cannot render the service required through another. The service must be personal By law
-It seeks to emphasize the primordial responsibility of the Government to serve and protect the people even when they are called upon to defend the State
Sec. 5.
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.
SEC. 6
The separation of Church and State shall be inviolable.
3. Every person is free to profess belief or disbelief in any religion 4. Every religious minister is free to practice his calling 5. The State cannot punish a person for entertaining or professing religious beliefs or beliefs.
State Policies
Sec. 7.
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.
view of the deleterious effect in the countries relations with other countries of a foreign policy that revolves only on our relations with select members of the international community and being a small developing nation, we must make no enemy if we can make a friend 3. Paramount Consideration - In its relation with other States, the paramount consideration of the Philippines shall be national sovereignty, territorial integrity, national interest, and the right to selfdetermination
Sec. 8.
The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.
Sec. 9.
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.
- The goal is to reduce the political and economic power of a privileged Few by equalizing widely differing standards and opportunities for advancement and to raise the masses of our people from their poverty to a qualitative life worthy of human dignity.
Sec. 10.
The state shall promote social justice in all phases of national development.
Social justice
The policy mandates the State to promote social justice in all phases of national development. The State must give preferential attention to the welfare of the less fortunate members of the community-the poor, the underprivileged, those who have less in life.
Sec. 11.
The State values the dignity of every human person and guarantees full respect for human rights.
SEC. 12.
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 support of the Government .
Aside from the right to life of the unborn the health of the mother whose life it shall equally protect. The sacrifice of the life of the unborn when medically established as necessary to save the life of the mother is not abortion.
Rearing of the youth for civic efficiency and development of moral character
A duty both of parents and government -the Government, therefore, should equally share in the inherent right and duty of parents in the training of their children to be good, useful, and worthy citizens by giving them support to prepare their children for future positions of responsibility and leadership Right of the State to interfere with the education of children - the State has the power to regulate all schools, their teachers and pupils, to require that all children of proper age attend school, that teacher shall be of good moral character and patriotic disposition. The State and parental obligations -proper education (humanistic, vocational, moral, religious). -To supply the essential educational facilities w/c private initiate is unable to furnish. Duty of the State to encourage educational institutions. -the State should encourage rather than hinder the operation of private and parochial schools so long as these schools meet the secular educational requirements w/c the government has the authority to impose.
SEC. 13.
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.
- the constitutional duty of the State to promote and protect the well-being of the youth to develop physically, morally, spiritually, and socially in a wholesome and normal manner transform them into healthy, upright, intelligent and useful citizens and potential community leaders. Today's youth, tomorrows leaders - young people can become effective players in our collective effort to build a modern Philippines by harnessing their enterprising spirit and progressive idealism.
SEC. 14.
The State recognizes the role of women in nation building, and shall ensure the fundamental equality before the law of women and men.
Sec. 15
The State shall protect and promote the right to health and instill health consciousness among them.
Sec. 16.
The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with rhythm and harmony of nature.
Sec. 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. Priority to education, science and arts, culture and sports
Sec. 18.
The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.
Sec. 19
States the constitutional guidelines in the development of the economy: economic selfreliance, independent national economy
Sec. 20.
The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investment
Sec. 21.
The State shall promote comprehensive rural development and agrarian reform .
Sec. 22.
The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.
Sec.23.
The State shall encourage non-government, community-based, or sect oral organizations that promote welfare of the nation.
Sec. 24.
The State recognizes the vital role of communication and information in nation building
Sec. 25.
The State shall ensure the autonomy of local governments
Sec. 26.
The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.
Sec. 27.
The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.
-what is needed is moral leadership by example on the part of the top officials in the government and a continuing, uncompromising , well-coordinated campaign against all forms of dishonesty and venality in the public service w/c have considerably slowed down the socioeconomic progress of our country