Article II: Declaration of Principles and State Policies

Topics: Government, United States Constitution, Self-determination Pages: 50 (16334 words) Published: March 31, 2012
Declaration of Principles and State Policies = statement of the basic ideological principles and policies that underlie the Constitution. The provisions shed light on the meaning of the other provisions of the Constitution and they are a guide for all departments of the government in the implementation of the Constitution. •Principles = binding rules which must be observed in the conduct of government (1-6) Not all 6 principles are self-executory

•Policies = guidelines for the orientation of the state(7-28) Some policies already anchor justiciable rights.
Kilosbayan v. Morato = read Sec 5,12, 14, and 17 as mere “guidelines” which do not yet confer rights enforceable by courts but recognized Section 16 as aright-conferring provision because it speaks of “the right of the people”

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. A state is a community of persons more or less numerous permanently occupying a definite portion of territory independent of external control and possessing an organized government to which a body of inhabitants render habitual obedience. Four requirements for a government:

State = legal concept / Nation = ethnic concept
•Legal Sovereignty = the supreme power to make law. Lodged in the people •Political Sovereignty = the sum total of all influences in a state, legal and non-legal, which determine the course of law. •A republican state implies a representative government while a democratic state implies a direct democracy. •Republican state = all government authority emanates from the people and is exercised by representatives chosen by the people •We are not only representative or republican, we also share aspects of direct democracy such as INITATIVE ANDREFERENDUM (Art VI, Sec. 32)

•Sovereignty is the power to make legal decisions.
•All sovereignty resides in the people, and what ever power you have has to be given to you. •Sovereignty is defined by Jellinek as the supreme power to affect all legal interests either by executive, legal, or judicial action. Constitutional Authoritarianism = understood and practiced in the Marcos regime under the 1973 Constitution was the presumption of the extraordinary powers by the President INCLUDING LEGISLATIVE AND JUDICIAL and even constituent powers, where such assumption is authorized by the letter or at least the SPIRIT OF LEGITIMATELY ENACTED CONSTITUTION. •Consti Authoritarianism is compatible with a republican state if the Consti upon which the Executive bases his assumption  of power is a legitimate expression of the people’s will •And if the executive who assumes power receives his office thru a valid election by the people. •Why? Because a republican state is nothing more than a state where sovereignty resides in the people and where all government authority emanates from the people. Nature and functions of Government

•Government – that institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state •Or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them •3 great departments: LEGISLATIVE (6), EXECUTIVE(7), JUDICIARY (8) •2 function of Gov’t

CONSTITUENT – compulsory
MINISTRANT – constitute the very bonds of society
•Philippines have NOT abdicated its sovereignty over the bases as part of the Philippine territory or divested itself completely of jurisdiction of such offenses committed therein. •Bases = they are NOT and CANNOT be foreign territory

Doctrine: The Philippine government merely consents to a foreign state’s jurisdiction in certain areas as a matter of comity, courtesy, or expediency. The US has prior or preferential, but not exclusive...
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