CHAPTER 5- FUNDAMENTAL

PRINCIPLES AND STATE POLICIES

To lay 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
To emphasize the objectives and
limitations of governmental
action in pursuit of the general
goals in the Preamble
To serve as a legislative guide
The social justice provisions are mere
statements and are not self-executing:
Section 5 (on the maintenance of
peace and order)
Section 18 ( labor as a primary social
economic force)
Section 4- under the conditions
provided by law
Section 26- political dynasties
There are some sections which are not
necessarily to be part of the
Constitution:
Section 16- peoples right to a
balanced and healthful ecology
Section 28- on the policy of public
disclosure
PREAMBLE
- in the first person to deepen the
sense of involvement and participation
of the individual citizens
- to introduce the Constitution and its
authors (the sovereign people)
Almighty God- there is a notion of a
Creator as an integral component of
their respective religions
- The SC described us as a Christian
nation
- Inconsistent with the policy of

separation of church and state

- lessens the significance of the
provisions of Article 6, Section 29
(2)
- The Constitution grants tax
exemptions to religious institutions,
and allows instruction in our public
schools and full foreign ownership of
religious schools
- Article 15, Section 3 (1) of the
Constitution- State shall defend the
right of spouses to found a family in
accordance with their religious convictions
and the demands of responsible
parenthood.

Benevolent neutrality approachgives room for accommodation of

religious exercises as required by the
Free Exercise Clause and for
accommodation of morality based on
religion, provided it does not offend
compelling state interests
Love should have no place in the
Constitution
REPUBLICANISM
Section 1- The Philippines is a democratic
and republican State. Sovereignty resides
in the people and all government authority
emanates from them.

Republic and Democratic

DEMOCRATIC NATURE
Provides for peoples initiative
Right to information on matters of
public concern
Right to file cases questioning the
suspension of the writ of habeas
corpus
Non- governmental, Community based
or Sectoral organizations
Unions, Associations and societies

 Peoples organizations
Adequate consultation mechanismRegional Developmental councils for
Administrative Decentralization
For Autonomous regions- Regional
consultative Commissions
Sectoral representation- Section 5
(1) and (2) of Article 6 and
Section 9 of Article 10
Justice Laurel- an enfranchised citizen
is a particle of popular sovereignty and
is the ultimate source of established
authority
REPUBLICAN AND REPRESENTATIVE
NATURE

*In virtue of the inherent right of the

State to existence and selfpreservation.
Article 16, Section 4- 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.

PEACE AND ORDER

Section 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

Republican
- representative government which is
run by and for the people
- responsible government whose
officials hold and discharge their
position as a public trust and shall at
all times be accountable to the
people
- purpose is the promotion of the
common welfare according to the will
(rule of the majority) of the people

THE INCORPORATION CLAUSE

The essence of republicanism is

representation and renovation

Doctrine of Incorporation- every

state is bound by the generally
accepted principles of international
law.

a government of laws and not of

men- there are cases where a smaller
number prevail over a majority
THE DEFENSE OF THE STATE
Section 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.

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.

-defensive war, only when there is a

commencement and provocation by
the enemy

TREATY> Executive agreement

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 selfdetermination.

Section 8- The Philippines, consistent

with the national interest, adopts and
pursues a policy of freedom from nuclear
weapons in its territory.

REARING OF THE YOUTH

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 aid and support
of the Government.

the better the home, the better the

nation
Proper recognition is given to the
complementary roles of the parents
and the government for the civic
efficiency and the development of
moral character.
Policy against abortion
No closing of doors for divorce
The State cannot interfere with the
exercise by parents of their natural
right and duty to rear their children,
but it may regulate the same under
the police power- enforcement of
educational policies.
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.

-This provision was a reaction to the

upsurge
of
youth
activismrealization
of
the
responsibility,
maturity and competence of the youth
in the discussion and solution of
public issues and consequently
began to accord greater recognition to
them as a vital force of nationbuilding.
Article 14, Section 1- 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
Article 2, Section 14- the State shall
recognize the role of women in nationbuilding and shall ensure the fundamental
equality before the law of women and
men.

RA 9262- enacted to protect women

and their children from violence and
threats to their personal safety and
security.
The Court cited the unequal power
relationship between women and men
and the fact that women are more
likely than men to be victims of
violence.
But it is significant that there does not
appear to be a specific law which
provides for similar protection to men
SOCIAL JUSTICE
To alleviate the plight of the forgotten
men those who suffer poverty, to give
those with less privileges in life
more privileges in law, in the words
of Pres. Ramon Magsaysay, our

government has pursued the policy

of social justice.
These are not only meant for the poor
and underprivileged. They apply with
equal force.
the law, in protecting the rights of the
laborers, authorizes neither oppression
nor self-destruction of the employer.
Section
Section
Section
Section
Section

9
10
11
18
21

Article 13- Social Justice and Human

Rights
Labor Reform
Agrarian and Natural Resources
Reform
Urban Land Reform
Housing
Health
Women
Peoples Organizations
Human Rights
SEPARATION OF CHURCH AND
STATE

Justice Laurel, the influence of

religion is deeply felt and highly
appreciated by the State.
SUPREMACY OF CIVILIAN
AUTHORITY
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.

-This is to allay all fears of a military

take-over of our civilian government.
Article 7, Section 18- the President
who is a civilian official, shall be the
commander-in-chief of all the armed
forces of the Philippines.
LOCAL AUTONOMY
Section 25, 1973 Consti- The State
shall ensure the autonomy of local
governments.
Article 10- Local Government and the
Local Government Code

Section 6- the Separation of Church

and State shall be inviolable.

Jeffersonian
principlemunicipal
corporations are the small republic
from which the great one derives its
strength.

no law shall be made respecting an

establishment of religion or prohibiting
the free exercise thereof.

Peoples
participation,
Resource
development, Self- sufficiency

strong fences make good neighbors

ECONOMY

The State recognizes the beneficent

influence of religion in the enrichment
of the nations life.

Section 19- The State shall develop a

self-reliant and independent national
economy
effectively
controlled
by
Filipinos.
Section 20- The State recognized the
indispensable role of the private sector

encourages
private
enterprise,
and
provides
incentives
to
needed
investments.
Section 21- The State shall promote
comprehensive rural development and
agrarian reform.
Section 11- reserves franchises for public
utilities to citizens of the Philippines or to
corporations or associations organized
under the laws of the Philippines, at least

sixty per centum of whose capital is

owned by such citizen.

MISCELLANEOUS
To accommodate their particular
authors and gratify their desire for
expression and perpetuation of their
ideas.