CHAPTER FIVE

Fundamental principles and state policies

- the values and virtues of the State; these are the rules that the State follows
- the rules underlying our system of government and must be adhered to

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.”

**A government of laws and not of men.

**No person is above the law.

Democratic
- The people are declared supreme.
- Every citizen is an individual repository of sovereignty.
- Citizenry is recognized as origin of all government authority.

Republican
- A representative government
- A government run by and for the people
- The essence of republicanism is representation and renovation
- Responsible government whose officials discharge their position as a public trust and
shall be accountable to the people at all times

Why adopt a republican government?

The purpose is to promote the common welfare according to the will of the people
themselves.

**Participative democracy – the right to suffrage (only people can choose)

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.”

**To SUMMARIZE: The State does not believe that war will settle disputes.

Doctrine of Incorporation
- The State adopts the generally accepted principles of the international law as part of
the law of the land
- Every State is bound by the generally accepted principles of international law which
are considered to be part of its own laws

**If there is conflict between a municipal or local and international law:

1. Try to harmonize the two laws so as to give effect to both
2. If it is irreconcilable, municipal/local law must prevail because of the exercise of
our police power

**What if the government really wants to apply the international law? Doctrine of
Transformation

Doctrine of Transformation
 - The copying of the international law and enacting it as our own

Section 3 “Civilian authority is, at all times, supreme over military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure sovereignty of
the State and the integrity of the national territory.”

**Military is just the protector of the people.

**GOAL:
1. Secure sovereignty of the State
2. Secure integrity of the national territory

**To avoid the overpowering of military over civilian authority, Constitution made the
President (a civilian official) the Commander-in-Chief of all the armed forces of the
Philippines.

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 fulfilment thereof, all
citizens may be required, under conditions provided by law, to render personal military or
civil service.”

**Armed forces of the Philippines shall be composed of a citizen armed force.

**The duty of the Government to defend the State cannot be performed except through an
army.
**The right of the Government to require compulsory military service is a consequence of its
duty to defend the State and is reciprocal with its duty to defend the life, liberty, and property
of the citizen.

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.”

Section 6 “The separation of Church and State shall be inviolable.”

**No law shall be made respecting an establishment of religion or prohibiting the free
exercise thereof.
**Rationale: To delineate / outline the boundaries between the two institutions and thus avoid
encroachments by one against the other because of a misunderstanding of the limits of their
respective exclusive jurisdiction.
**It is not the business of the government to protect a religion.

**A union of the Church and State:

1. Destroys government
o Why? Because

2. Degrades religion
o Why? Because

Sections 9, 10, 11, 18 and 21 promotes Social Justice

“Social justice is neither communism, nor despotism, nor atomism, nor anarchy, but the
humanization of laws and the equalization of social and economic forces by the State so that
justice in its national and objectively secular conception may at least be approximated.”

Salus populi est suprema lex “The health (welfare) of the people should be the supreme
law.”

**People who are less in life shall have more in law.

**One of the most serious problems of the nation is the acute imbalance between the rich
and the poor.

Other sections

Section 14 “The State shall recognize the role of women in nation-building and shall ensure
the fundamental equality before the law of women and men.”

Section 15 – Right to health

Section 16 – Right of the people to a balanced and healthful ecology

Section 17 – Shall give priority to education

Section 19 – A self-reliant and independent national economy

Section 20 – Indispensable role of private enterprise

Section 21 – Promote comprehensive rural development and agrarian reform

Section 22 – Recognizes and promotes indigenous cultural communities

Section 23 – Non-governmental organizations that promote welfare of the nation

Section 25 “The State shall ensure the autonomy of local governments.”

**Municipal corporations are the small republics from which the great one derives its
strength.

Section 28 – Full public disclosure of all its transactions involving public interests

CHAPTER SIX

Doctrine of Separation of Powers

- The powers of the State are divided into three main branches of government as
provided in the Constitution: (1) executive, (2) legislative, (3) judiciary
- Governmental powers are separated

Can we add more?

- Yes. But we are limited to 3 in our present Constitution (fundamental law of the land)

Why do we need to separate? (Purpose)

- To prevent concentration of power with one authority only / To prevent concentration
of authority in one person or group of persons
- Instead of exercising the governmental powers in its entirety, it is tempered
- It is a characteristic of republicanism
Why prevent?
- There is a great tendency that the person possessing the power will abuse that
power which will lead to irreversible error because nobody will check

**The doctrine is intended to (1) secure action, (2) forestall over action, (3) prevent
despotism, (4) obtain efficiency.

**To achieve these purposes, the functions of the branches are defined:
1. Legislature - enactment of laws
2. Executive - enforcement of imposition of laws
3. Judiciary - application or interpretation of laws

Separation of Powers
1. Blending of Powers
2. Checks and Balances