1987 Constitution

Pat Ray M Dagapioso

July 2013
Article 2
Declaration of Principles
and
State Policies
Why is Article 2 important?
 Importance of Article 2
• 1. To shed light on the meaning of the other
provisions of the Constitution.
• 2. To guide all departments in the
implementation of the Constitution.
• 3. Directed to lay down the primary rules
characterizing our government system.
 Qualities of the Provisions in Article 2
• The provisions in Article 2 are non-executory.
• Non-executory quality of the provisions
means that the provisions ‘do not embody
judicially enforceable constitutional rights.’
 If they are not executory, then how
can we use the provisions in Article 2?
Non-Executory Provisions
• The provisions to take effect and affect in the
Philippine Society, they need to have an
enabling law.
• An enabling law contains the definition of
the law, how it will be implemented and
what agencies will implement the spirit of the
law.
 Article 2, Section 14

RA 9262: Anti-Violence Against Women and Their Children Act of 2004

 Section 1
• “The Philippines is a democratic and
republican State. Sovereignty resides in the
people and all government authority
emanates from them.”
Section 1
• The Philippines is a democratic and
republican state.
• A Republican state is characterized by a
representative government.
• People elect a group of public officers derive
their power and authority from the people
and they should serve on their behalf.
“Government of the
people, by the people, for
the people, shall not perish
from the earth.”
Abraham Lincoln
Gettysburg Address
 Realities of a
Democratic and Republican State
Realities of a Democratic and
Republican State
• 1. Existence of the Bill of Rights
• 2. Observance of the principle that Congress
cannot pass irreparable laws.
• 3. The observances of the principle that the
State cannot be sued without its consent.
• 4. The observance of the rule of majority.
• 5. The observance of the principle that, “ours
is a government of law, not of men.”
Realities of a Democratic and
Republican State
• 6. The observance of the principle of separation
of power and of checks and balances.
• 7. The observance of the law of public officers
known as administrative laws.
• 8. The observance of election through popular
will or the right of suffrage.
• 9. Supremacy of civilian authority over the
military.
• 10. Separation of Church and State.
 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.”
War
• An organized, armed, prolonged conflict
between nation-states, typified by extreme
aggression, social disruption and high
mortality.
Does the Philippines really have
renounce war?
NO!
Philippines and War
• There are two kinds of war:
– A. Offensive war
• one nation-state initiates the will to go to war
– B. Defensive War
• one nation state protects its sovereignty by declaring
an existence of war
• What we renounce is offensive war.
 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.”
Civilian Authority over Military
• The military is always subservient to a civilian
head of government.
• The president, the embodiment of the will
and aspiration of the people, is the leader of
the Armed Forces, and is rightly called as the
“Commander-in-Chief” of the Armed Forces
of the Philippines.
Ladies and Gentlemen, your Excellency, the Commander-in-Chief
 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.”
What happens if the Government is
insensitive to the needs of the
governed?
Government and People
• If the government becomes insensitive to the
governed, the people has the right to abolish
the government and establish a new one.
• Either through proper procedures (elections,
recall) or through procedures not ascribed in
the constitution (revolution).
• Although, the latter is not recommended.
Government and Existence
• As a creation of man, the nation-state’s
existence is temporary, and is not permanent.
Thus, a nation-state has an inherent right to
self-preservation and existence.
• In case of invasion, war, the State may call on
its people to defend the state.
RA 9163
• “National Service Training Program (NSTP)
Act of 2001”
• Youth renders service to the Government
through:
Reserve Officers' Training Corps (ROTC)
Civic Welfare Training Service (CWTS)
Literacy Training Service (LTS)
 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.”
 Section 6
• “The separation of Church and State shall be
inviolable.”
Church and State
• 1. The state shall have no official religion.
• 2. The state can’t set up a church.
• 3. Everyone is free to profess belief or disbeleif
on any religion.
• 4. Every religious minister is free to practice
his calling.
• 5. That state can’t punish person (s) because
of their faith.
Church and State
• 6. Religious sect can’t be registered as a
political party.
• 7. No sectoral representatives from the
religious sector.
• Prohibition against appropriation for sectarian
benefits.
 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.”
What is a foreign policy?
Foreign Policy
• Foreign policy are basic rules underlying the
conduct by a state of its affairs with any other
state.
• Independent foreign policy means a state
should not be dictated by any foreign power
in the making of our foreign policy.
Foreign Policy
 Section 8
• “The Philippines, consistent with the national
interest, adopts and pursues a policy of
freedom from nuclear weapons in its
territory.”
Nuclear Proliferation

Bataan Nuclear Plant, 1970s Fukushima Daiichi Nuclear

Disaster, 2011
Nuclear Proliferation
• Harboring of nuclear weapons is prohibited
in the Philippine Constitution.
• But nuclear power is at the moment allowed,
through RA 2067, with the creation of
Philippine Atomic Energy Creation.
• RA 69696, “Toxic Substances, Hazardous and
Nuclear Waste Control Act of 1990”
Nuclear Proliferation
• Pros and Cons of Nuclear Energy
• Pros:
– A. Little Pollution
– B. Reliability
– C. Safety (compared to burning of coal)
• Cons
– A. Nuclear Meltdown
– B. Radiation
– C. Waste Disposal
 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.”
Social Services
• Housing
• Education
• Health
• Employment
• These services are now considered
mandatory functions of the government.
 Section 10
• “The State shall promote social justice in all
phases of national development.”
Social Justice
Social Justice
• Social justice is giving what is due to an
individual such as food, clothing, and shelter
and even a little dignity.
• It also means:
– A. Promotion of the welfare of the people
– B. Adoption of government measures for the
economic stability of all (lessen the gap between
the rich and the poor)
– C. Humanization of the laws
– D. Equalization of social and economic forces
 Section 11
• “The State values the dignity of every human
person and guarantees full respect for
human rights.”
What is Dignity
Dignity
Dignity
• Dignity is signify that a being has an innate
right to respect and ethical treatment.
• The Philippine State guarantees the dignity of
every human person, and also guarantees
the full respect for human rights.
 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.”
 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.”
Youth in the Philippines
• The state recognizes the role of the youth.
• The state must assist in the total development
and well-being of the youth, indicating them
patriotism and nationalism.
• The youth should also participate in the
affairs of the nation.
Youth in the Philippines
Youth in the Philippines
• RA No. 8044:
– “AN ACT CREATING THE NATIONAL YOUTH
COMMISSION, ESTABLISHING A NATIONAL
COMPREHENSIVE AND COORDINATED
PROGRAM ON YOUTH DEVELOPMENT,
APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES.”
• The youth, 15-30 years, is being protected
and promoted by the State for their physical,
moral, spiritual, intellectual, and social-being.
Survey
 Which of these things is very
important to you?
• A. Having good marriage and family life
• B. Being able to find a stable work
• C. Having good education
• D. Being successful in work
• E. Finding meaning and purpose in life
• F. Being religious
 Which of these things is very
important to you?
• G. Having strong friendships
• H. Making contributions to the society
• I. Having lots of money
• J. Having plenty of time for recreation and
hobbies
• K. Being politically involved
 Important Aspects of Life of the
Filipino Youth 1996
Having good marriage and family life 98%
Being able to find a stable work 98%
Having good education 98%
Being successful in work 96%
Finding meaning and purpose in life 96%
Being religious 95%
Having strong friendships 93%
Making contributions to the society 91%
Having lots of money 83%
Having plenty of time for recreation and hobbies 57%
Being politically involved 36%
 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.”
Realities of the Women in the
Philippines
• Cases of Violence against Women (VAW)
has been increasing from 1996 to 2004.
• Most of the women have been victimized by
the persons they knew personally, i.e.,
husbands, fathers, boyfriends.
• In 2004, and 2006, the cases of violence
against women, women in especially difficult
circumstances (WEDC), and child abuse
cases had been dropping.
Realities of the Women in the
Philippines
Realities of the Women in the
Philippines
• Examples of violence against women are:
– A. physical injury
– B. rape
– C. held captive
– D. forced labor
– E. battery
– F. verbally abuse
– G. completely controlled by their husbands and
partners
Realities of the Women in the
Philippines
• Laws protecting women:
– A. RA 8353
• Anti Rape Law
– B. RA 7877
• Anti-Sexual Harassment Law
– C. RA 9208
• Anti-Trafficking in Persons Act
– D. RA 9262
• Anti-Violence Against Women and Their Children Act
of 2004
 Section 15
• “The State shall protect and promote the right
to health of the people and instill health
consciousness among them.”
 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.”
Laws Protecting the Environment
• RA 9147:
– “Wildlife Resources Conservation and Protection
Act”
• RA 9003:
– “Ecological Solid Waste Management Act”
• RA 8749:
– “Philippine Clean Air Act of 1999”
 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.”
Education in the Philippines
• The more and better educated a people, the
greater chances of economic development
(Meinardus)
• It is the duty of the state to protect and
promote the right of all citizens to quality
education at all levels.
Education in the Philippines
• RA 6655
– “Free Secondary Education Act”
• This law provides free and compulsory
education for Filipinos in elementary and
secondary.
Issues in Philippine Educational
System
• 1. High dropout rates
• 2. High number of repeaters
• 3. Low passing grades
• 4. Lack of particular language skills
• 5. Overcrowded classrooms
• 6. Poor teacher performance
 Section 18
• “The State affirms labor as a primary social
economic force. It shall protect the rights of
workers and promote their welfare.”
Labor Code of the Philippines
• Presidential Decree no. 442
– “A DECREE INSTITUTING A LABOR CODE
THEREBY REVISING AND CONSOLIDATING
LABOR AND SOCIAL LAWS TO AFFORD
PROTECTION TO LABOR, PROMOTE
EMPLOYMENT AND HUMAN RESOURCES
DEVELOPMENT AND INSURE INDUSTRIAL
PEACE BASED ON SOCIAL JUSTICE”
Labor Code of the Philippines
• This code, or sets of laws, provides:
– A. protection of labor
– B. promote full employment
– C. regulate the relations of workers and
employers, and
– D. ensure equal opportunities regardless of:
• i. sex
• ii. creed
• iii. race
Child Labor in the Philippines
 Section 19
• “The State shall develop a self-reliant and
independent national economy effectively
controlled by Filipinos.”
 Section 20
• “The State recognizes 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 22
• “The State recognizes and promotes the
rights of indigenous cultural communities
within the framework of national unity and
development.”
IPRA Law
• RA 8371
– “Indigenous People’s Rights Act”
• The law aims to:
– A. “to recognize and promote the rights of
indigenous peoples within the framework of
national unity and development.”
– B. “to protect the rights of indigenous cultural
communities to their ancestral lands to ensure
their economic, social and cultural well-being”
 Section 23
• “The State shall encourage non-
governmental, community-based, or sectoral
organizations that promote the welfare of the
nation.”
 Section 24
• “The State recognizes the vital role of
communication and information in nation-
building.”
 Section 25
• “The State shall ensure the autonomy of local
governments.”
Local Government Code
• RA 7160
• Local Government Code of 1991
• Book 1, Chapter 1, Section 2:
– “It is hereby declared the policy of the State that
the territorial and political subdivisions of the
State shall enjoy genuine and meaningful local
autonomy to enable them to attain their fullest
development as self-reliant communities and
make them more effective partners in the
attainment of national goals.”
 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.”
 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.”
Realities of Corruption in the
Philippines
• Corruption is the use of power by government
officials for illegitimate private gain.
• Takes in the form of:
– A. bribery
– B. extortion
– C. cronyism
– D. nepotism
– E. patronage
– F. graft
– G. embezzlement.
Realities of Corruption in the
Philippines
Realities of Corruption in the
Philippines
The End