Article 2 Declaration of Principles and State Policies

1. Article 2 Declaration of Principles and State Policies Myrish T. Cadapan-Antonio, marcky and miggyantonio big boys 5 years oldLL.B, LL.M. Lckf vl,3/Silliman University College of Law Efuvyhndc w2mnsjdxcgfxgbhnjasdhgvhnjmhvgcxz,zkhgvcnx mznbccxxnbnmnxnnnbvfcxfvjmmgnmm,mnbvcxzxzcxazbnxnnxnxnxnxcnnxnxnxn

2. QUIZ • 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 able-bodied 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)

3. 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 _______ ________.

4. State Principles • 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 vvkdcjiuvjfde mry6tdcghen3 mjrhfscyzthwne m,3krjtguytvcbxhs nq2w3bhytewshanj MaehryhfndszshdfrndmzZjhsdgedne smzmdhyrjmkd,kjiutjk,t.rlkoiklt.lokiyk7l.5/4eldfikdls.z/hdfcjivikbhkgkoogvovgflfkgvkmjbjbnj.cvjhfkjrftjkbhuikgvljkgjuhflkvbj k,kmcxzkjvhbvc,x,cvbn,mghngmcxhn mc mmmxm c mgjjgkk,kgikgjkkk,mh ,,lrlktugilkblkclvlgkfjgjvmjbujb,kknkv, m bm m n mm mm b , ,bmeaningof “government of the Philippines?” • 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)

5. 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 pactasuntservanda. • Civilian authority is supreme over the military. • Voxpopuliestsuprema 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

6. 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

7. STATE POLICIES • Independent Foreign Policy (7)d,,d m, bv, vdckmdmkcxdmdc ,xld.,dxmajnbsfbvhbcbhchbcvcxncxnkm K<k,zK< • 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)

8. Balance and healthful ecology • Intergenerational equity • Education, science and technology, arts/culture/sports • Labor as a primary social economic forcel,kmvcfc,kmjvgcmx, lcfklllldf’f’ • Fccv ,b,hh,h,hmmyhhy flflzzsoloozsp8sidopdpd • Presidential Decree 442 (Labor Code of the Philippines)- tilts the scale of justice in favor of labor • Self-reliant and independent national economy

9. Private sector and private investments • Rural development and agrarian reform • Republic Act 6657- Comprehensive Agrarian Reform Law/Programzsmnbvjmsk,dkmvbvbvcdnsamqQANBSDNXMZmnz NM V BVCNXMZbV NCMX,CV NMKBV BNM<M • 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

10. Decentralization vs. devolution • Equal access to public service and anti-dynasty • Anti-graft and corruption • TransparencyCX,, BVNCMXZmNBNFMDS.A, • 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

11. BAR QUESTIONS • 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

12. 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

13. DISCUSS CASES • READ ARTICLES IV AND V • CLASS ON SATURDAY 130-5 PM