ARTICLE II DECLARATION OF PRINCIPLES AND STATE

POLICIES (EXPLANATION)
PRINCIPLES

SECTION 1

. The Philippines, a democratic and republican state

. A republican government is a democratic government by representatives chosen by the
people at large.The essence therefore, of a republican state is indirect rule.

.
. The Philippines, a democratic and republican state. It embodies some features of a pure or
direct democracy such as initiative, referendum, and recall.

. The existence of a bill of right.The observance of the rule of majority. The observance of the
principle that ours is a government of laws, and not of men.The presence of election through
popular will. The observance of the principle of separation of powers and the system of checks
and balances.Manifestations of a democratic and republican state.

. Manifestations of a democratic and republican state. The observance of the principle that the
legislation cannot pass irrepealable laws. The observance of the law on public officers.The
observance of the principle that the State cannot be sued without its consent.

. Sovereignty implies the supreme authority to govern, thus the Filipino people, being
sovereign people have the right to constitute their own government, to change it, and define
its jurisdiction and powers.Exercised indirectly through public officials.Exercised directly
through suffrage.Manifestations of a democratic and republican state

. Section1 above impliedly recognizes that the people, as the ultimate judges of their destiny,
can resort to revolution as a matter of right.A provision in the Constitution, however,
expressly recognizing the people’s right to revolt against an oppressive or tyrannical
government is not necessary and proper Right of the people to revolt.

.
. Section 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.

.
. With the conflict in the claim of Spratleys intensifying, China decided to launch an all out
attack to the Philippines. Can the Philippines engage in war?

. The declaration refers only to the renunciation by the Philippines of aggressive war, not a
war in defense of her national honor and integrity. Thus, when provoked and attacked the
Philippines can retaliate and engage into war.Renunciation of war as an instrument of
national policy

. Adoption of the generally accepted principles of international law as part of our

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
. Adoption of the generally accepted principles of international law as part of our law. The
doctrine of incorporation is the automatic adoption of international law as part of the law of
the Philippines.

. The Philippines seeks only peace and friendship with her neighbors and all countries of the
world, regardless of race, creed, ideology, and political system, on the basis of mutual trust,
respect, and cooperation.Adherence to the policy of peace, etc., with all nations

.
. Section 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.

. Supremacy of civilian authority over the military inherent in a republican system safeguard
against military dictatorship

. .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 the
foremost duty of the government is to serve and protect the people. The government exist for
the people and not the people for the government.Prime duty of the Government

. Defense of the State by the people against foreign aggression the government may call upon
the people to defend the State.For self-preservation and to defend its territorial honor and
integrity, the Philippines can engage in a defensive war.The defense of the State is one of the
duties of a citizen.

.
. Section 4
. Defense of the State performed through an army Compulsory Personal By law Military and
civil service by the people.

. The term refers to any service for the defense of the State other than as soldiers, like as
workers in munition factories.Meaning of “civil service”

.
. Section 5.
. The maintenance of peace and order, the protection of life, liberty, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.

. Only when peace and order, security, and a life of dignity are established and maintained,
will political stability and economic prosperity become attainable and the people truly enjoy
the “blessings of independence and democracy.Maintenance of peace and order, etc.

.
. Section 6.
. The separation of Church and State shall be inviolable.
. Principle of separation of the church and State.The principle simply means that the Church is
not to interfere in purely political matters or temporal aspects of man’s life and the State, in
purely matters of religion and morals, which are the exclusive concerns of the other.
. The State shall have no official religionThe State cannot set up a church, whether or not
supported with funds; nor aid one religion, aid all religions, or prefer one religion over
another.Every person is free to profess belief or disbelief in any religion.Meaning of
“establishment of religion clause.

. Every religious minister is free to practice his calling;The State cannot punish a person for
entertaining or professing religious beliefs or disbeliefs.Meaning of “establishment of religion
clause.”

. Preamble – The command that Church and State be separate is not to be interpreted to
mean hostility to religion.Other provisions/lawsOur Constitution and laws exempt from
taxation, properties devoted exclusively to religious purposes;No hostility towards religion

. The use of public money or property is not prohibited when a priest, preacher, minister, or
dignitary as such is assigned to the armed forces, or to any penal institution, or government
orphanage or leprosarium;Optional religious instruction in public elementary and high school is
by constitutional mandate allowed.No hostility towards religion

. Thursday and Friday of Holy Week, Christmas Day and Sundays are made legal holidays
because of the idea that their observance is conducive to beneficial moral results; andThe law
punishes polygamy and bigamy, and certain crimes against worship are considered crimes
against the fundamental laws of the State.No hostility towards religion

.
. Section 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.

. Foreign policy is a set of guideline followed by a government of a country in order to promote

its national interest through the conduct of its relations with other countries.Foreign Policy of
the Philippines

. Formulation and conduct of foreign policy. The president formulates our foreign policy
principally with the help of the Department of Foreign Affairs.An instrument of domestic
policy. Foreign policy is but a reflection and an instrument of domestic policy, the former being
dictated by the latter. They are not only mutually consistent but complementary.Foreign
Policy of the Philippines

. Pursuit of an independent foreign policy.An independent foreign policy means one that is not
subordinate or subject to nor dependent upon the support of another government.An
independent foreign policy, however, it is not one that completely rejects advice or assistance
from without.Foreign Policy of the Philippines

. In general , our basic foreign policy objective is to establish friendly relations with all
countries of the world regardless of race, religion, ideology and social system and to promote
as much beneficial relationship with them particularly in economic and trade activities.Foreign
Policy of the Philippines

. Paramount consideration. In its relations with other states, the paramount consideration of
the Philippines shall be national sovereignty, territorial integrity, national interest, and the
right to self-determination.Foreign Policy of the Philippines.

.
. Section 8.
. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom
from nuclear weapons in its territory.

.
. Section 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.

. Policies necessary to be pursued – adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all.Just and dynamic social order Solving
the problem of mass poverty – The goal is to reduce that political and economic power of
privileged few by equalizing widely differing standards and opportunities for advancement and
raise the masses of our people from a life of misery and deprivation to a qualitative life worthy
of human dignity and respect.Just and dynamic social order.

.
. Section 10
. The State shall promote social justice in all phases of national development.In the fulfillment
of this duty, the State must give preferential attention to the welfare of the less fortunate
members of the community, those who have less in life

.
. Section 11

. . The State values the dignity of every human person and guarantees full respect for human
rights.

.
. The individual enjoy certain rights which cannot be modified or taken away by the
lawmaking body.These rights are protected or guaranteed because of the belief in the inherent
dignity and basic moral worth of every human person<br />Human dignity and human
rights..the human person is the end of every social organization…<br />The value accorded to
human dignity is measured by the extent of respect for human rights, principally the rights to
life, liberty , and property Human dignity and human rights

.
. Section 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.

..
. Section 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.

.
. Section 14.
. The State recognizes the role of women in nation-building, and shall ensure the fundamental
equality before the law of women and men.
.
. Filipino women are noted to have low participation at all levels. The Civil Service Commission
reported that few women candidates - who ran for public office - succeeded in securing public
posts. In 2004, the average proportion of women in key elected posts was no more than 17%.
The dismal performance of women in the 2004 elections registered a sharp drop after an
increasing trend beginning 1995.
.
. Section 15.
. The State shall protect and promote the right to health of the people and instill health
consciousness among them.

The state shall oblige its self to promote and protect the right of the people to health by
instilling health consciousness among the people.

. 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.

.
. The state shall promote and protect the rights of the people about a balanced and healthful
environment.

.
. 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.
The state shall provide education to all citizens to have a general and broader understanding
about knowledge.

. Section 18.
. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.
In this provision, the state protects the rights of each and every workers.

.
 . Section 19
. The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.

It states that the constitutional guidelines in the development of the economy: economic
self- reliance,independent national economy, and effective Filipino control of the economy.

.
. Section 20.
. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.

.
. The state is mandated to encourage private enterprise and to provide incentives to needed
investments,whether local or foreign

.
. Section 21.
. The State shall promote comprehensive rural development and agrarian reform.
.
. The state must develop rural and agrarian reform for the benefits of the country

.
. Section 22.
. The State recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development.
The provision also directs the State to promote their rights within the framework of
national unity and development

.
. Section 23.
. The State shall encourage non-governmental, community-based,orsectoral organizations
that promote the welfare of the nation.
.
. The state is required to encourage these organizations because recent events have shown that,
under responsible leadership, they can be active contributors to the political, social, and
economic growth of the country

.
. Section 24.
. The State recognizes the vital role of communication and information in nation-building.
The state must keep abreast of communication innovations but at the same time be selective and
discriminating to insure that only those ³suitable to the needs and aspirations of the nation´ areadapted

.
 . Section 25.
. The State shall ensure the autonomy of local governments.
Local affairs can best be regulated by the people in the locality.

.
. Section 26.
. The State shall guarantee equal access to opportunities for public service, and prohibit
political dynasties as may be defined by law.
This does not allow the existence of political dynasties or the practice of keeping political
power within the control of select families

.
. Section 27.
. The State shall maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption.
Honesty and integrity in public service Undermines the quality of life for people
especially in poor qualities The constitution seeks to minimize and find completely to eliminate
graft and corruption, a way to attack problem.

.
. 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.
The Subject to reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involvingpublic interests. • Section 7 of the Bill
of Rights Guarantees the people’s right to know any transaction entered into by the government.
Limited to things which involves public concerns .

Explanation & Summary of the Article

2 of the Constitution
History Facts, Study Sheets & Homework Help 聽/ By 聽 Trent Lorcher
聽/聽 Homework Help & Study Guides
Section 1: The President
Use this U.S. Constitution summary to review one of the world's most important
documents.
Section 1 聽 of Article 2 of the Constitution deals with the office of the president.
It states, "The executive Power shall be vested in a President of the United States
of America. He shall hold his Office during the Term of four Years, and, together
with the Vice-President chosen for the same Term."

Section 1 establishes the electoral college: when voting for a president, voters are
actually selecting other people to vote for the president. Each state sends a certain
number of electors (the number for each state equals its number of representatives
in the House of Representatives + 2) and the electors choose a president. See
amendment 12 for changes made to the electoral college.

The president must be born a United States citizen or be a citizen at the time the
Constitution was ratified, at least 35 years old, and a resident of the United States
for at least 14 years. The president is paid a salary from the United States treasury.
His or her salary cannot be increased or decreased while in office.

The president must take the following oath before becoming president: "I do
solemnly swear (or affirm) that I will faithfully execute the Office of President of
the United States, and will to the best of my Ability, preserve, protect and defend
the Constitution of the United States."

Sections 2-4

Section 2 of Article 2 of the Constitution deals with the duties of

the president. The president's responsibilities include:

 Commander in Chief of the armed forces and state militias

when called to duty for the United States

 The power to grant pardons or reprieves for offenses against

the United States, excluding impeachments

 The right to make treaties, with the consent of the Senate

 The appointment of ambassadors, counsels, Supreme Court

judges, and all officers of the United States government with

the consent of the Senate

Section 3 of Article 2 of the Constitution involves State of the Union addresses.
The president is required to inform Congress on a regular basis. He may also
convene one or both houses during extraordinary circumstances.

Section 4 of Article 2 addresses impeachments. It states, "The President, Vice

President and all civil Officers of the United States, shall be removed from Office
on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes
and Misdemeanors."

For Further Study

This U.S. Constitution Summary and explanation of the Constitution, Article 2 is
intended as a review. You are strongly encouraged to read and study the actual
document.

The founding fathers wrote the United States Constitution to govern human nature.
They understood the natural inclination of rulers to want more power. As the
federal government grows larger by the day, it's imperative that citizens of the
United States demand their elected officials to return to the Constitution for
guidance and hold them accountable to it.

This post is part of the series: The United

States Constitution Study Guide
The first step in holding elected officials accountable to the
Constitution–we must learn what’s in it.
1. Summary of the United States Constitution: Article I – The Legislative
Branch
2. Explanation of the United States Constitution: Article II, The Executive
Branch
3. Summary of Article 3 of the United States Constitution: The Judicial
Branch
4. Summary and Analysis of the United States Constitution: Articles IV-VII of
the United States Constitution
5. Summary of the 27 Amendments to the United States Constitution

What is jus sanguinis? Definition and examples

Jus sanguinis is a legal system that determines somebody’s nationality according to their parents’
nationality. Jus sanguinis means ‘law of blood.’ In this context, blood means ‘blood relative,’ or more
specifically, the person’s parents. A country that follows this legal system does not determine a person’s
nationality according to where they were born.

The term contrasts with jus solis. Jus solis is a legal rule that states that where a person was born
determines their nationality. Therefore, if you were born in the US or Canada, you are an American or
Canadian citizen respectively. Jus solis is Latin for ‘law of soil.’

Wikipedia says the following regarding the term:

“Jus sanguinis (Latin: right of blood) is a principle of nationality law by which citizenship is not
determined by place of birth but by having one or both parents who are citizens of the state.”

“Children at birth may automatically be citizens if their parents have state citizenship or national
identities of ethnic, cultural, or other origins.”

Varying extents of jus sanguinis

No country has a 100% jus sanguinis or 100% jus soli system. Rather, they have varying mixtures of the
two. How they describe themselves depends on which way their mixture sways.

For example, the United States, Canada, and most of the other North and South American countries
have a jus solis system.

Europe, on the other hand, has a jus sanguinis system. Even the United Kingdom, where English
common law was born, parliament switched the system in 1983.

Jus solis dates back to English common law hundred of years ago. Ireland and Australia have a similar
system today to the UK’s.

Jus sanguinis derives from Roman law. Roman law influences the legal systems of continental Europe.

Multi-citizenships
If a nation follows the jus sanguinis system, people inherit their parents’ citizenship. We sometimes use
the term ‘right of blood.’

So, what would happen to, for example, John? He was born in Country A, a jus soli country. His father
was born in Country B and his mother in Country C. Both Countries A and B have jus sanguini
systems.

Theoretically, John could claim citizenship in three different countries.

Jus soli, Latin for ‘law of soil,’ is a law that states that where we are born determines our citizenship.
The legal rule determines that the citizenship of our parents does not determine ours. Jus soli contrasts
with jus sanguinis. Jus sanguinis, which means ‘law of blood’ in Latin, states that our ‘blood’ should
determine our citizenship. In this context, ‘blood’ means our parents’ citizenship.

There are two ways people spell the term in English: either ‘jus soli’ or ‘jus solis.’ The former is more
common.
The United States and Canada follow the juls soli rule. Both countries’ populations mainly consist of
immigrants or the offspring of immigrants.

Most other countries, or what we call the ‘old world,’ however, follow the jus sanguini rule.

Jus soli and jus sanguinis

Jus sanguinis derives from Roman law. Roman law dominates the civil-law systems of continental
Europe. Jus soli was once part of English common law.

Collins Dictionary has the following definition of jus soli:

“The principle that a person’s nationality at birth is determined by the territory within which he or she
was born.”

“The principle that a person’s nationality at birth is determined by the territory within which he or she
was born.”

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are
citizens of the United States and of the State wherein they reside.” United States Constitution,
Amendment 14, section 1, clause 1. (Data for Map: Center for Immigration Studies)
Jus soli – birthright citizenship
We use the English term ‘birthright citizenship’ with the meaning of jus soli.

Apart from the US and Canada, many other countries also follow the birthright citizenship system.

Every country in North and South America (except for Colombia), plus Pakistan, Lesotho, and Tanzania
have ‘unrestricted’ jus soli.

The United Kingdom and Ireland, however, changed their laws in 1983 and 2005 respectively. Now,
at least one parent must be a British/Irish citizen by the time the person is ten years old. Also, if one
parent is legally ‘settled’ in the country, the person may become a British/Irish citizen.

Australia changed its law in 1986, and today has a similar system to that of the UK and Ireland.

Since Ireland changed its law, no European country today grants birthright citizenship.

Brexit
In 2016, the United Kingdom had a referendum regarding its membership of the European Union (EU).
People voted for Brexit, which stands for BRitain EXITing the EU.

One of the main reasons for wanting to leave was immigration. Many Britons felt that the UK, a
relatively small country geographically, needed to regain control of its borders.

In other words, Britons wanted to decide who entered the country and who could work, become a
resident, or become a citizen.

Convention on the Reduction of Statelessness

The Convention on the Reduction of Statelessness is a UN multilateral treaty that countries signed in
1961. The UK, Ireland, Australia, New Zealand, and Canada signed the Treaty. However, the US did
not.

The Treaty aimed to reduce the incidence of statelessness. Countries that signed the Treaty will grant
nationality to a stateless person if they were born in their territory.

They will also grant nationality if somebody was born in a ship or airplane that is traveling under their
flag.

Naturalization

BIBLIOGRAPHY
Naturalization is the means by which a person of foreign
birth is made a full citizen. Naturalization is a process always
complicated by race, gender and sexuality, religion, ethnicity,
class, and the structural and political choices societies and
their members make with regard to assimilation,
acculturation, and boundary making.

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Neither jus soli (citizenship by birth in a particular place)

nor jus sanquinis (citizenship by descent) encompass
purposeful choice-driven naturalization by an individual. The
seemingly sharp demarcation between natural events and
naturalization is actually fuzzy as official procedures for
denoting citizenship can divest membership from those with
a natal/descent claim, and invest it in those most recent
arrivals deemed most worthy of citizenship status. Several
historical and contemporary examples bear this out.

In the United States, the process of naturalization was

explicitly set out in the 1790 Naturalization Act, and the
caveats of gender, class, and race were made more or less
explicit. For example, naturalization was limited to those
defined as “free white person[s].” One could claim natural
citizenship if one was born to U.S. citizens outside the
geographic limits of the nation, “Provided, That the right of
citizenship shall not descend to persons whose fathers have
never been resident in the United States” (Takaki 1993, p.
80).

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In the United States, the caveats of race and ethnicity with

regard to naturalization were complicated by various
combinations of birth, descent, and residence. Members of
indigenous groups were not covered by the Naturalization
Acts, as they were not white—however, “taking on the habits
of white men” and leaving the reservation could suffice to
entitle an Indian to citizenship (Cohen 1971, p. 24).
AlthoughAfrican Americans were quite purposefully
naturalized in practical terms by the Fourteenth
Amendment, they had up to that point been systematically
denied both jus soli and jus sanquinis, and this state of affairs
would continue in both cultural understanding and law to
varying degrees at least through the 1960s.

For non-white voluntary immigrants and their descendants,

the lines between race, ethnicity, birth, residence, and
naturalization have been murky and addressed through a
variety of Supreme Court decisions on a piecemeal basis,
most often on the impetus of these nascent citizens
themselves, with widely varying outcomes (U.S. v. Bhagat
Singh Thind, 1923; U.S. v. Wong Kim Ark, 1898; and In re
Halladjian, 1909). The 1965 Immigration and Nationality
Act dismantled the United States’ older
racial/ethnic/nationality-based quota system, but the
preference for family members of current U.S. citizens
preserved an extant preference for those groups already in
the country (“An Act to Amend the Immigration and
Naturalization Act,” 1965). However, the migration
patterns had by that time drastically shifted from Europe,
and new migrant groups could then put their citizenship to
work for their family ties.

Gendered understandings of naturalization have also been

quite prominent. Until 1922 in the United States, only
women who married noncitizens lost their citizenship, and
the equalization of citizenship (vis-à-vis nationality, not
specific areas of rights) was not completed until the 1930s
(Freeman 1989). According to several scholarly works
documenting naturalization procedures in the late twentieth
century, such gendered naturalization practices continue to
be widespread (Cook 1994; Beyani 1994; Al Nuaimi 2001).

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In the United States, class was far more explicit in the

discussion leading up to the implementation of the 1790 Act
than in its final product; read, for example, the discussion
of “those likely to become chargeable,” and “the common
class of vagrants [and] paupers,” and those who worried
about the merchant class who would “remain so long as will
enable them to acquire a fortune, and then they will
leave” (Gales and Seaton’s History of Debates in
Congress 1790, pp. 1148, 1152, 1156). Class is of course
implicated when workers are invited in to fill economic
vacancies, but explicitly not invited to take part in the
process of immigrant-to-citizen (Walzer 1983). This is
shown in early Chinese immigration to the United States, the
Bracero Program for Mexican workers in the United States,
and the guest worker system in several European nations
(Walzer 1983).

Practices that incorporate jus sanquinus far beyond one’s

parents raise the question of just what counts as “natural” in
terms of membership. In Ireland one may have preference in
applying for citizenship if, for example, at least one
grandparent was Irish-born (termed “Citizenship by
Application”). Israel’s Law of Return extends the offer of
naturalized citizenship to “every Jew who has expressed his
desire to settle in Israel” (as expressed in its Law of
Return and “Acquisition of Israeli Nationality”). Although
others eligible to naturalization must wait from two to five
years, for Jews under the Law of Return the naturalization is
instantaneous upon arrival (“Acquisition”). In 1970 this law
was extended to “include the child and the grandchild of a
Jew, the spouse of a Jew, the spouse of a child of a Jew, and
the spouse of a grandchild of a Jew. The purpose of this
amendment is to ensure the unity of families where
intermarriage had occurred.” These sorts of practices
highlight a perspective that understands all citizenship as a
process of naturalization because the concept is a human one
based upon stories of belonging. Denaturalization is the flip
side of the process.