Transcript Article 2 Declaration of Principles and State Policies

Our Constitution poses a clear ban on
nuclear weapons while international law
does not clearly state so. (t or f)
 What is the state’s right to call on ablebodied men to defend national security?
 The CMT program is constitutional. Men
of the state must be prepared for battle.
(t or f)
 Our Constitution adopts the principle of
incorporation of international treaties. (t
orf)

The unborn’s entitlement to protection
begins upon birth. (t or f)
 The equality of women and men before
the law is a new provision. (t or f)
 Local autonomy is a concept which
stretches the _________ power of the
President over local governments, to
prevent an imperium in imperio.
 A public office is a public ______.
 The state’s inherent right to protect
minors is called _______ ________.


The Philippines is a democratic and republican state.
Sovereignty resides in the people and all government
authority emanates from them.
› Are government owned or controlled corporations within the km
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› See legitimacy of the Aquino government in the case of
Lawyers’ League vs. Aquino, G.R. No. 73748, May 22, 1986)

The Philippines renounces aggressive wars and adopts
generally accepted principles of international law and
adhers to the policy of peace, equality, justice, freedom ,
cooperation and amity with all nations. (See Tanada vs.
Angara)
› Principle of incorporation vs. autolimitations
› Agustin vs. Edu
 Law on alarms and signals consistent with 1968
Vienna Convention. We must uphold treaty
obligations under the principle of pacta sunt
servanda.

Civilian authority
military.
is
supreme
over
the
› Vox populi est suprema les
› Armed forces must protect the sovereignty of
the state and the integrity of the national
territory

The prime duty of government is to serve
and protect the people.
› Posse Comitatus
› National Defense Law (See People vs. Lagman,
66 Phil 13)
› See Marcos vs. Manglapus, G.R. No. 85211, Sept.
15, 1989- prohibition on return of Marcos on
national security reasons
The people should enjoy the blessings of
democracy.
 The separation of the church and state
shall be inviolable.

› Discussed under Section 5 of the Bill of Rights
› Closely
related to the exercise of the
freedom of religion
› Usually regarded as a “paper-provision”
because of the powerful influence of the
Church in governmental affairs
› Usually refers to secularization of government
› See US cases on flag burning

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
Independent Foreign Policy (7)d,,d m, bv,
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Nuclear-free Philippines (8)
Anti-Poverty (9)
Social Justice (10)
Human life and human rights (11)
Sanctity of family life (12)
Youth in nation building (13)
Women in nation building (14)

Balance and healthful ecology
› Intergenerational equity
Education,
science and technology,
arts/culture/sports
 Labor as a primary social economic forcel,k
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
› Presidential Decree 442 (Labor Code of the
Philippines)- tilts the scale of justice in favor of
labor

Self-reliant
economy
and
independent
national
Private sector and private investments
 Rural development and agrarian reform

› Republic Act 6657- Comprehensive Agrarian
Reform Law/Programzsmnbvjmsk,dkmvb
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 Covers all types of private lands
Indigenous cultural minorities
 Non-government organizations
 Communication and information in
national building
 Local government autonomy

› Republic Act 7160-Local Government Code
of 1991
› Decentralization vs. devolution
Equal access to public service and antidynasty
 Anti-graft and corruption
 TransparencyCX,,
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
› Civilian observers in public procurement
under the 2003 Procurement Reforms Code
› Public bidding of all government contracts
› Statement of Assets and Liabilities annually of
all government officials and employees

The Constitution distinguishes between
two types of GOCCs- with or without
original charter. Please make any
distinction on the following areas as
regards these corporations
› Rule
prohibiting
appointment
the
appointment
to
certain
government
positions of the spouse and relatives of the
president
Rule making it incompatible for members
of congress to hold offices or
employment in the government
 Rule prohibiting members of ConCom to
be interested in a contract with a GOCC
 Rule prohibiting post-audit by COA on
certain government corporations
 Rule on standardization of compensation
of government officials

DISCUSS CASES
 READ ARTICLES IV AND V
 CLASS ON SATURDAY 130-5 PM
