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Sec. 1, Article II
The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.
(Relate this to Article XI)
2. Manifestations:
1. Ours is a government of law and not of men
2. Rule of the majority. (Plurality in elections)
3. Accountability of public officials
4. Bill of rights
5. Legislature cannot pass irrepealable laws.
6. Separation of powers.
Republicanism
STATE—a community of persons, more or less numerous, permanently occupying a definite portion of
territory, independent of external control, and possessing a government to which a great body of
inhabitants render habitual obedience. (CIR vs. Campos Rueda, 42 SCRA 23)
through which the will of the State is implemented and realized.
Republican state—one constructed on the principle that the supreme power resides in
the body of the people. Its purpose therefore is to guarantee against two (2) extremes:
1. On the one hand, monarchy and oligarchy;
2. On the other, pure democracy.
Elements of State:
1. People—the inhabitants of the State; the # of which is capable for self-
sufficiency and self-defense; of both sexes for perpetuity.
a. Inhabitants;
b. Citizens;
c. Electors.
2. Territory—a fixed portion of the surface of the earth inhabited by the people of
the State.
It is the right to exercise the functions of a State to the exclusion of any other
State.
KindsofSovereignty:
a. Legal—the power to issue final commands;
b. Political—the sum total of all the influences which lie behind the law;
c. Internal—the supreme power over everything within its territory;
d. External—also known as independence—freedom from external control.
Characteristics:
a. Permanence
b. Exclusiveness
c. Comprehensiveness
d. Absoluteness
e. Indivisibility
f. Inalienability
g. Imprescriptibility
Dominium—is the capacity of the State to own or acquire property such as lands and
natural resources. (Lee Hong Hok vs. David, No. L-30389, December 27, 1972;
Separate Opinion of Justice Kapunan in Cruz vs. Secretary of DENR, G.R. No.
135385, December 2000)
It necessarily includes the power to alienate what is owned. It was the foundation
for the early Spanish decrees embracing the feudal theory of jura regalia that all lands
were held from the Crown.
Principle of Jus Postliminium—at the end of the occupation, when the occupant is
ousted from the territory, the political laws which have been suspended shall automatically
become effective again. (Peralta vs. Director of Prisons, No. L049, November 12,
1945)
Sec. 2, Article II
(Incorporation Clause)
The Philippine 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.
Three(3)parts:
1. Renunciation of war—the power to wage a defensive war is of the very essence
of sovereignty;
2. Adoption of the principles of international law;
3. Adherence to a policy of peace, equality, justice, freedom, cooperation & amity.
The second part is nothing more than a formal acceptance of a principle to which all
civilized nations must conform.
The third part is called the “selfish policy”—the guiding principle of Philippine foreign
policy is the national interest. However, this is tempered with concern for “equality, peace,
freedom and justice.
Section 23 (1), Article VI: The Congress, by a vote of two-thirds of both Houses in
join session assembled, voting separately, shall have the sole power to declare the
existence of a state of war.
However, the doctrine dictates that rules of international law are given equal
standing with, and are not superior to, national legislative enactments.
Lex posterior derogate priori—in States where the constitution is
the highest law of the land, both statutes and treaties may be invalidated if
they are in conflict with the Constitution. (Secretary of Justice vs.
Lantion, G.R. No. 139465, January 18,
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Philip Morris, Inc. vs. CA, the fact that the international law has
been made part of the law of the land does not by any means imply the
primacy of international law over national law in the municipal sphere.
Doctrine of
Autolimitation
—
It is the doctrine where the Philippines adheres to principles of
international law asalimitation to the exercise of its sovereignty.
Sec. 3, Article
II (Civilian
Supremacy
Clause)
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.
Civilian
Supremacy
Clause
Sec. 6, Article XVI—The State shall establish and maintain one police
force, which shall be national in scope and civilian in character, to be
administered and controlled by a national police commission. The authority
of local executives over the police units in their jurisdiction shall be provided
by law.
Sec. 4, Article II
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.
Sec. 6, Article II
The separation of Church and State shall
be inviolable.
The State should not use its money and coercive power to establish
religion. It should not support a particular religion. The State is prohibited
from interfering with purely ecclesiastical affairs. But it does not mean that
there is total or absolute separation. The better rule is symbiotic relations
between the church and State.