Article II Philippine Constitution

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Declaration of Principles and State Policies Article II Presented by: Joshua Guillano Jumie Ramirez & Composed of 28 sections Sections 1 through 6 discuss state principles Sections 7 through 28 outline state policies

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Philippine Constitution Article II declaration of principles and state policies. Your Welcome! :D

Transcript of Article II Philippine Constitution

Page 1: Article II Philippine Constitution

Declaration of Principles and State Policies

Article II

Presented by:

Joshua Guillano Jumie Ramirez&

Composed of 28 sectionsSections 1 through 6 discuss state principlesSections 7 through 28 outline state policies

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Principles

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SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

A democratic and republican state.-States that the Philippines is a democratic

state.

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Section 1.Manifestations of a democratic and republican

state.

The observance of the rule of the majority. 

The observance of the principle that ours is a government of laws, and not of men.  The presence of elections through popular will. 

The observance of the principle of separation of powers and the system of checks and balances.  The observance of the principle that the legislature cannot pass irreparable laws.

The observance of the law on public officers . 

The observance of the principle that the State cannot be sued without its consents.

The existence of a bill of rights.

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Section 1.Sovereignty of the People

- Sovereignty is the supreme power to govern. It lies in the hands of the Filipino people

who have the right to choose the type of government they want and to define the powers it shall hold and exercise.

It is their right to abolish their government and form a new one and organize it in such form as seems to them best for their welfare and happiness.

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Section 1.• Sovereignty is exercised indirectlyThrough public officials elected by the

people.Officials appointed by the elected officials.

• Sovereignty is exercised directlyExercised directly through suffrage.

the right to vote in political elections.People’s Participation1. Multi-Party System2. Party-list system3. People’s Organization4. System of Initiative and Referendum5. Plebiscite

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Right of the people to revolt.

• People can resort to revolution as a matter of right, being the ultimate judges of their destiny.

• A provision in the Constitution expressly recognizing the people’s right to vote against a tyrannical government is not necessary and proper

• Although an inherent right, it is not highly recommended for it will suggest instability in the state

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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.

Renunciation of war as instrument of national policy.

• Philippines cannot declare war on another country• The country can only declare an existing state of

war an act of defense

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Section 2.

Adoption of the generally accepted principles of international law as part of the country’s own law

• International law-body of rules and principles which govern s the relations of nations and their respective peoples in their intercourse with one another.

• “Doctrine of Incorporation”-the commitment of the state to international laws

When international usage to be appliedA treaty has force of a statute Constitution prevails over a treaty

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Section 2.Adherence to the policy of peace, equality,

justice, freedom, cooperation, and amity with all nations.

• Philippines seek peace and unity with the neighboring countries all over the world regardless of race, ideology, and political system on the basis of mutual trust, respect and cooperation. It supports the rights of other countries in terms of equality, freedom and justice in their relations with one another and the policies of peaceful negotiations, and opposes the use of force, threat of force, in the relations with other countries.

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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 the Civilian Authority• The President is the commander-in-chief of the

armed forces of the Philippines, The army, the navy, the air force, and the

marines. The appointment of the high ranking

officials is vested in the President.

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Section 3.

Armed Forces: Protector of the State• Armed Forces of the Philippines (AFP)• Its goals is to discharge the function of being the

protector of:The sovereignty of the StateIntegrity of our National Territory

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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 person military or civil service.

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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.

Peace and Order• Duty of the government to maintain peace and

order.Through making lawsEnforcing lawsPromote the general welfare

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SECTION 6. The Separation of Church and State are inviolable.• The government shall not favor any religion,

support them using public funds ,or even establish or set up a church.

• The Church should not get involved in political issues or matters.

ESTABLISHMENT OF RELIGION CLAUSE• The State shall have no official religion.• The State cannot set up a church.• Everyone has the freedom to profess their

belief or disbelief in any religion.

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Section 6.

• Every religious minister is free to practice his calling.

• The State cannot punish a person for entertaining or professing religious beliefs or disbeliefs.

• The command that Church and the state be separate does not mean hostility towards religion .

PreambleOther provisions/laws

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State Policies

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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• Basic direction underlying the conduct by a State

of its affairs vis-a vis those of other States.• It is a set of guidelines followed by a government

of a country.1. Formulation and conduct of foreign policyThe president is the chief architect of Philippine

foreign policy.

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Section 7.2. An instrument of domestic foreign policy Its importance in the survival and progress of a country cannot be

over-emphasized. Sole weapon of a State for the promotion of national interest in

international affairs.

3. Pursuit in an independent foreign policy Simply means one that is not subordinate.

4. Basic Foreign policy objective To establish friendly relation with all countries of the world

5. Paramount consideration Must be a policy of flexibility and pragmatism guided only by

the welfare of our people and the security of our Republic. Shall be national sovereignty, territorial integrity, national

interest, and the right to self determination.

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INDEPENDENT FOREIGN POLICY

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

Freedom from Nuclear Weapons• It is a prohibition from:

MakingStoringManufacturing Dumping

Of nuclear weapons, devices, or parts thereof in our country.

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Section 8.

Exceptions• The use of nuclear for:

MedicineAgricultureAnd other beneficial purposes

• If the national interest so requires The storing of nuclear weapons in our

territory

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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.

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Section 9.Just and Dynamic Social Order• This is accomplished through policies that:

Provide sufficient social services (in the field of health, education, housing, etc).

Promote full employment.A rising standard of living.Improve quality of life for all.

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SECTION 10. The State shall 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• Uneducated• Underprivileged• disabled

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SECTION 11. The State values the dignity of every human person and guarantees full respect for human rights.

Human Rights• Belief in inherent dignity of every human person basis of

human rightA human person is a being not a thing.• In a democratic state, the individual enjoys certain rights which

cannot be modified or taken away by the lawmaking body.

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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.

Right of human life of the unborn from conception and of the mother

• Once conceived, a child has the right to be born and the right to live.

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Section 12.

• Mandates the protection of the unborn from the possibility of abortion being legalized.

• The State should also protect the health of the mother

Rearing of the youth for civic efficiency and development of moral character

• A duty of both parents and governmentProper education and good upbringing of the

children can help to the welfare of the society and the common good. The government should share the responsibility of the parents to train their children to be worthy citizens by supporting and encouraging them in order to prepare them for the future.

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Section 12.

• Right of State to interfere with education of the children

The parents and the government have the duty in giving adequate education to the children

• Power of State to regulate all schoolsThe State has the power to require the age

children of proper age to attend school, the teachers shall be of a good moral character and teach the children certain points to good citizenship.

• The State and parental obligations

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Section 12.

It is the duty of the State to see whether the parents fulfill their obligations in the education of their child

• Duty of State to encourage educational institutions

Support and encourage private and parochial schools as long as they meet the secular educational requirements

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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.

Role of the Youth in Nation Building• Youth are better educated, more well-informed.• The constitution recognizes the importance of the

youth.

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Section 13.

CWTS LTS

ROTC

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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.

Role of women in nation building• Our women have proven their capabilities in

different fields in business, professions, arts, education and in public service even internationally.

• In the past and even today, women involve themselves in worthy causes or activities involving national concerns

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Section 14.

• The State should formulate strategies to expand women’s participation in non-household and productive activities, and make them as the direct contributors to the country’s economic growth.

• It is the duty of the State to ensure equality before the law in all aspects of national life by rectifying or ending all practices and systems that are disadvantageous to women or discriminate against them.

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Section 14.

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SECTION 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.

Health• is the state physical, social and mental well-being rather than

merely than merely the absence of physical diseases

These constitution gives the right to the people to healthDOHHealth Center

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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.Right to Balanced and Healthful Ecology• The need for a program to address the ecological

problems of:PollutionWaste disposalForest denudationFlood drought Dying river bedsDestruction of waterwaysProtect human life

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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 States prioritizes the following through their different programs like the:

DepEdDOSTPSC

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SECTION 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

• Human labor is not only treated as land, tools, or machinery. It mandates the State to provide living wage and full participation to workers in decision-making processes which affect their rights and benefits.

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

• States the constitutional guidelines in the development of the economy:

Economic self-reliance Independent national economyAnd effective Filipino control of the economy

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

Role of private sectors in the economy• The Constitution does not favor an economy

where the State directly competes with private business.

• The business of government is governance and NOT money-making.

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SECTION 21. The State shall promote comprehensive rural development and agrarian reform.

• Covers all phases of rural development:EconomicSocialPoliticalCultural Industrial

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SECTION 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

• Recognizes the existence and the rights of the indigenous cultural communities.

• Directs the State to promote the rights of indigenous cultural communities by considering their customs, traditions, beliefs, and interests.

• Implementing state policies with full respect to their culture, dignity, uniqueness and human rights.

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Section 22.

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SECTION 23. The State shall encourage non-governmental, community-based, or sectoral 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 – promote the welfare of the nation.

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SECTION 24. The State recognizes the vital role of communication and information in nation-building.

• Means of communications such as:Motion picturesTelevisionRadioNewspapersMagazines

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Section 24.

Nation-Building• The people are enlightened on certain public

issues.• They can also serve as useful tools to promote

unity among the Filipinos.

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SECTION 25. The State shall ensure the autonomy of local governments.

• Local affairs can best be regulated by the people in the locality.

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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.

• Emphasizes the duty of the government to uphold democratic elections and appointments.

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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 serviceUndermines 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.

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SECTION 28. The Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interests.

• Section 7 of the Bill of RightsGuarantees the people’s right to know any

transaction entered into by the government. Limited to things which involves public

concerns .• The policy covers matters involving public interest

especially those concerning the utilization of public funds and property.

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End of Presentation