Article II of the 1987 Philippine Constitution

Jul 21, 2024

Lecture Notes: Article II of the 1987 Philippine Constitution

Introduction

  • Article II of the 1987 Philippine Constitution: Declaration of Principles and State Policies
  • Divided into 28 sections
    • Sections 1-6: Declaration of Principles
    • Sections 7-28: State Policies

Section Breakdown

Section 1: Democratic and Republican State

  • Definition: The Philippines is a democratic and republican state
  • Key Concepts:
    • Democracy: Rule by the people (Greek: demos - people; kratos - rule)
    • Republic: Government system with power resting on citizens (Greek: politea - rights of the citizen)
    • Difference: Democracy (ideology) vs. Republic (form of government)
    • Current System: Democratic Republic
      • People have sovereign power
      • Elected officials represent the people

Fun Fact

  • Direct Democracy Aspects
    • Initiative: People propose laws directly
    • Referendum: Laws accepted or repealed by popular vote

Section 2: Renunciation of War

  • National Policy: Philippines renounces war except for self-defense
  • International Law
    • Follows Doctrine of Incorporation: International law is part of national law
  • Policy of Peace: Adheres to peace, equality, justice, freedom, cooperation, amity with all nations

Section 3: Supremacy of Civilian Authority

  • Civilian authority is supreme over the military
  • President: Head of civilian government and AFP's Commander-in-Chief

Section 4: Role of the Government

  • Government Role: Serve and protect the people
  • Military/Civil Service: Compulsory, personal, law-defined

Section 5: Peace and Order

  • Government Duty: Maintain peace, order, protect lives/rights/properties

Section 6: Separation of Church and State

  • Church and state are separate and inviolable
  • No official religion; religious freedom

Section 7: Independent Foreign Policy

  • Foreign Policy: Independent and non-dictated by other states

Section 8: Freedom from Nuclear Weapons

  • Forbids nuclear weapon storage/manufacturing
  • National Interest Clause: National interest can permit storage

Section 9: Promotion of a Just and Dynamic Social Order

  • Ensures prosperity, independence, and freedom from poverty
  • Goals:
    • Full employment
    • Rising living standards
    • Improved quality of life
    • Sufficient health, education, housing

Section 10: Promotion of Social Justice

  • Equal access to wealth and opportunities
  • Focus on the less fortunate (poor, underprivileged, uneducated, disabled)

Section 11: Promotion of Human Rights

  • Human Rights: State values dignity and respect for human rights
  • Commission on Human Rights: Investigate and protect human rights

Section 12: Family as Basic Social Institution

  • Protect and strengthen the family
  • Abortion: Illegal, except to save mother's life

Sections 13-14: Role of Youth and Women

  • Recognizes contributions of youth and women to nation-building

Sections 15-16: Right to Health and Ecology

  • Right to health and balanced ecology

Section 17: Prioritizing Education, S&T, Arts, Culture, Sports

  • Goals:
    • Patriotism/Nationalism
    • Social progress
    • Human liberation and development

Section 18: Labor as a Primary Force

  • Workers' Rights: Protection and welfare promotion
  • Labor Laws: Faithful enforcement

Section 19: Self-reliant & Independent Economy

  • Free from dependency on other nations

Section 20: Role of Private Sector

  • Encourages free enterprise and investment incentives

Section 21: Rural Development and Agrarian Reform

  • Promotes agricultural sector and protects farmers' rights

Section 22: Indigenous Cultural Communities

  • Recognizes and promotes rights of cultural minorities

Section 23: Non-Governmental and Community-based Organizations

  • NGOs: Voluntary groups (e.g., Philippine Red Cross)
  • POs: Community members with common interests
    • Examples: Neighborhood associations

Section 24: Role of Communication and Information

  • Communication as vital for national progress

Section 25: Autonomy of Local Governments

  • Local Autonomy: Local governments can create their own laws

Section 26: Prohibition of Political Dynasties

  • Political Dynasty: Succession from the same family
  • Prohibited to prevent corruption

Section 27: Honesty and Integrity in Public Office

  • Government office is a public trust
  • State mandated to combat graft and corruption

Section 28: Full Public Disclosure Policy

  • Right of the people to know government transactions
  • Exceptions: Confidential matters endangering the state

Important Concepts

  • Republic
  • Democracy
  • Doctrine of Incorporation
  • Civil Service
  • Civilian Authority
  • Foreign Policy
  • Political Dynasty
  • Social Justice
  • Indigenous Cultural Communities
  • POs and NGOs