ARTICLE II

DECLARATION OF PRINCIPLES AND

STATE POLICIES
SECTION 1

“The Philippines is a Democratic and

Republican state”:
• Sovereignty resides in the people and
all government authority emanates from
them.
• Republican State- state being run by the
representatives of the people, who owe
their power from people and are directly
responsible for them.
SECTION 2

• “The Philippines renounce war as an instrument of

national policyadopts the generally accepted
principles of international law as part of the law of
the land and adheres to the policy of peace, quality,
justice, freedom, cooperation, and amity with all the
nations”
• The Philippines is barred from provoking war against
other states being a signaory of Kellog-Briand Pact
(Treaty renouncing war) and being a member of UN it
must be a peace loving state.
• International Law- set of rules recognized by civilized
nations governing their conduct towards each other.
• Doctrine of Incorporation- International law became part
of the law of the land
SECTION 3

• “Civilian authority is, at all times

supreme over the military”
• The Armed Forces is the protector of
the people and the state, it's goal is to
secure the sovereignty of the state and the
integrity of the nation.
SECTION 4

• “The prime duty of the Government is to

serve and protect the people”
• The first sentence provides the prime duty of
the government to serve and protect the people
while the second sentence is about the right of
state to existenceand right to self defense.“The
prime duty of the Government is to serve and
protect the people”
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”
• It enumerates the three essential
blessings of democracy: maintenance of
peace and order, protection of life, liberty
and property, and the promotion of general
welfare.
SECTION 6

• “The separation of curch and the state shall be

inviolable”
• Means the state cannot set up the church, neither can
pass the laws that aid one religion, aid all religion, or
prefer one religion to the other.
• Manfestation of the Separation of the Church and
State:
• Free exercise of religion clause
• Non-establishment of religion clause
• No religious test cluase
• No sectoral representative from religious sector
• No appropriation for religious purposes
• Religious denominations and sects cannot be registered
a political party
• SECTION 7: he state “Tshall 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- basic direction underlying
the conduct by a state of its affairs with
those of other states
• SECTION 8: “The Philippines,
consistent with the national interest,
adopts and pursues a policy of freedom
from nuclear weapons in its territory”
• Nuclear weapons, are weapons
whose destuctive power comes from
nuclear energy; atomic bomb or a
hydrogen bomb.
• SECTION 9: “The state shall promote a just
and dynamic social order that will ensure the
prosperity and independence of the nation
and the free people from poverty through
policies that provice adequate social
services, promote full emplyment, a rising
standard of living, and an improved quality of
life for all”
• RA No. 8425 or “Social Reform and Poverty
Alleviation Act” - was enacted to reduce poverty
and eliminate basic inequities in Filipino society
through a systematic, unified and coordinated
delivery of socioeconomic packages.
• SECTION 10: “The state shall promote
social justice in all phases of national
development”
• Social justice means the promotion of
the welfare of all the people, the adoption
by the government measures calculated to
ensure economic stability of all the
competent elements of society.
• SECTION 11: “The state values dignity
of every human person and guarantees
full respect for human rights”
• Human rights- is the basic rights to
which humans are entitled, often held to
include the right to life and liberty, freedom
of thought and expression, and equality
before the law.
• SECTION 12: “The state recognizes the
sanctity of the family life and shall
protect and strenghten 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 the social well being”
• It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public
and civic affairs
• R.A. No. 9344 – Juvenile Justice and Welfare Act of
2006
• R.A. No. 7610 – Special Protection of Children Against
Abuse, Exploitation and Discrimination Act.
• Presidential Decree No. 603 – Child and Youth Welfare
Couth
• Executive Order No. 209 – Faamily Code of the
Philippines
• R.A. No. 7160 – Local Government Code of 1991
• R.A. No. 9211 – Tobacco Regulation Act of 2003
• 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”
• Concerning equal rights of men and
women
• R.A. No. 9710 – Magna Carta of Women
• R.A. No. 6725 – Anti-discrimination
against Women
• SECTION 15: “The state shall protect and
promote the right to health of the people and
instill health consciousness among them”
• Protecting the heath of the people
• R.A. No. 7875 – National Health Insurance Act
of 1995
• R.A. No. 9502 – Cheaper Medicines Act
• R.A. No. 9439 – An Act Prohibiting the Detention
of Patients in Hospitals and Medical Clinics on
Ground of Nonpayment of Hospital Bills or
Medical Expenses
• R.A. No. 8976 – The Philippine Food
Fornification Act of 2000
• 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”
• R.A. No. 9003 – Ecological Solid Waste
Management Act of 2000
• R.A. No. 9175 – Chain Saw Act of 2002
• R.A. No. 8749 – Philippine Clean Air Act of
1999
• SECTION 17: “The State shall give
priority to eduction, science, and
technology, arts ,culture, and sports to
foster patriotism and nationalism,
accelerate social progress, and
promote total human liberation and
development”
• SECTION 18: “The state shall affirms
labor as a primary social economic
force. It shall protect the rights of
workers and promote their welfare”
• Protection to labor does not indicate
promotion of employment alone. Under the
welfare and social justice provisions of the
constitution, the promotion of full
emplyment, while desirable, cannot take a
backseat to the government's
constitutional duty to provide mechanism
for the protection of our workforce.
• SECTION 19: “The state shall develop self
reliant and independent national economy
effectively controlled by Filipinos”
• R.A. No. 7721 – Act Liberalizing the Entry Scope
of Operations of Foregin Banks in the
Philippines
• R.A. No. 9294 – Act Restoring the Tax
Exemption of Offshore Banking units and
Foreign Currency Deposit Units
• R.A. No. 7652 – Investors Lease Act
• R.A. No. 8179 – An Act to Further Liberalize
Foreign Investments
• SECTION 20: “The state recognizes the
indespensable role of the private sectors
encourages private enterprise, and provides
incentives to needed investments”
• R.A. No. 7718 – An Act Authorizing the
financing, Construction, Operation and
Maintenance of Infrastructure projects by the
private sectors
• R.A. No. 9178 – An Act to Promote the
Establishments of Baranggay Micro Business
Enterprises
• R.A. No. 8289 – An Act to Strenghten the
Promotion and Development of, and Assitance
to Small and Medium Scale Interprises.
• SECTION 21: “The State shall promote
Comprehensive rural development and
agrarian reform”
• R.A. No. 6657 – Comprhensive Agrarian
Reform Law of 1988
• SECTION 22: “The state shall recognize and promote
the rights of indegenous cultural communities within
the framework of national unity and development”
• R.A. No. 8371 – Indegenous People's Right Act of 1997
• SECTION 23 “The state shall encourage non-
governmental, community based or sectoral
organizations that promote the welfare of a nation”
• NGO- Non-governmental Organizations are private
organizations that recognizes leadership, organization
and membership with the aim of promoting individual
interests, which are not contratry to the law
• SECTION 24: “The state recognize the vital role of
communication and information in Nation Building”
• R.A. No. 3846 – Regulation of radio stations and radio
communication in the Philippine Islands
• R.A. No. 6849 – Provides installation, operation, and
maintenance of public telephones in each municipality in
the Philippine
• SECTION 25: “The state shall ensure the autonomy
of local governments”
• SECTION 26: “The state shall guarantee equal
access to opportunities for public service and
prohibit political dynasties as may be defined by
law”
• SECTION 27: “The State shall maintain
honesty and integrity in the public service
and take positive and effective measures
against graft and corruption”
• R.A. No. 3019 – Anti-Graft and Corruption
Practices Act
• Presidential Decree 1445 – Goverment Auditing
Code of the Philippines
• Executive Order No. 292 – Revised
Administrative Code of 1987
• R.A. No. 6713 – Code of Conduct and Ethical
Standards for Public Officials and Employees
• 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 government must be transparent to its
people. If the government is not
transparent then we do not have anymore
a democratic government.
• Ricabel Badillo (hand-outs)
• Maria Lulu Bunag (powerpoint)