A. PRINCIPLES
This article in the 1935 Constitution uses the phraseology "Declaration of Principles" only. The new Constitution has added the phrase "and State policies".
This portion of the Constitution might be called the basic political creed of the nation. It lays down the policies that the government is bound to observe. With the exception of Section @ which refers to the duty of citizens to serve the State, these provisions prescribe the fundamental obligations of the government, particularly the legislative and the executive departments as its policy-determining organs.It is incumbent on the people to demand fulfillment of these government duties through the exercise of the right of suffrage. But indirectly some of these principles may aid the court in determining the validity of statutes or executive acts in justiceable cases.
Where the Government through the Executive Department fails in its duty to enforce these provisions, the remedy provided therefore is not judicial but political. The people here is called upon to avail of the remedy through the ballot, not through the court.
This is not to say that the provisions did not have their usefulness in litigation. The same also obligated the judiciary to be guided by the same provisions in the exercise of the power of judicial review.
Section I. The Philippines is a democratic and Republican State. Sovereignty resides in the people and all government authority emanates from them.
This article is a reproduction of Article II, Section I of the 1935 Constitution, maintained under Section I, Article II of the 1973 Constitution.
The requirements of a democratic and republican state are as follows:
a) Cardinal rights embodied in the Bill of Rights;
b) The principle that ours is a government of laws and not of men;
c) The principle that the State cannot be sued without its consent;
d) The principle that the legislature cannot pass irrepealable laws;
e) Election through popular will;
f) The principle that an office is a public trust;
and
g) The rule against undue delegation of legislative power.
SOVEREIGNTY
-is the supreme power of the state to command obedience from all the inhabitants, whether citizen or alien. This power resides in the people.. Therefore, they have the right to constitute their own government, define and provide the powers it may exercise within legal limits. This right may be exercised directly or indirectly.
Direct exercise of sovereignty
It is the people that exercises actual sovereignty through what is called the popular will - the election of the people's representatives in a clean and honest electoral process.
The aforecited is in accord with the constitution mandates of a government that is representative or republican in nature and a Philippine state that is representative democracy or a republican state.
Indirect exercise of sovereignty
The constitutional mandate that sovereignty resides in the people does not mean the Filipino people govern themselves directly exercising acts of government - like the making of laws,enforcing the same or deciding cases involving life, liberty or property. The making of laws, is left to the lawmaking body composed of the people's representatives chosen through the electoral process; enforcing the laws is left to the executive department; and deciding cases is left to the courts.
The people exercise this acts of government through the officers and employees constituting the government set up by them as mandated by the Constitution.
People's Rights to Change their Public Officers
This declared constitutional principle is best exemplified in the systems of recall, referendum and initiative. All these have made possible greater participation of the people in the affairs of government. This is further evidenced by the constitutional provisions on sectoral representation, multi-party systems and the right of the people to amend the constitution which they, themselves, ordained and promulgated.
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.
Section 2 is a substantial reproduction of the contents of Section 3, Article II of the 1935 Constitution. This particular proviso is divided into three parts:
a) Renunciation of war as an instrument of national policy;
b) Adoption of the generally accepted principles of international law as part of the law of the land;and
c) Adherence to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
Renunciation of war as a national policy
In renouncing war as an instrument of national policy expressly declared in the Constitution, the Philippines affirms the 1934 and the 1971 Constitutional Convention's belief that an effective means of outlaw war is to prohibit the same in the Constitution.
This particular proviso contemplates, as it was contemplated under the 1935 Constitution, defensive war, not aggressive war. This was inspired by the Kellog-Briand Pact of 27 August 1928 which renounces wars of aggression.
The power to wage a defensive war is an inherent part of sovereignty. The explains the reason why the Constitution makes defense of the state the prime duty of government under section 4 of Article II of the charter. At the same time, section 22 of the same article, empowers the Congress, by a vote of two-thirds of both Houses, in joint session assembles, to declare the existence of a state of war.
Adoption of international law
The second part of the provision is the constitutional declaration that the Philippines conforms to the generally accepted principles of international law in its relation with others states. This simply means that whenever a state is admitted into the family of nations, it becomes incumbent upon it to observe these accepted principles within its jurisdiction and, at the same time, enforce them before its courts involving the same, in the absence of any statutory law, provisions of any treaty, or any provision of the Constitution to the contrary. These principles of international law that form part of the laws of the Philippines which are generally accepted by civilized states include those rules on diplomatic and foreign State immunity, those provisions of the United Nations Charter to which member nations conform, including the implementing international agreements. Treaties therefore, entered into by the Philippines with other states must confirm to generally accepted principles of international law which the Constitution declares as a part of the laws of the land.
International relations
The third part of the provision as a declared constitutional principle - a policy of "peace, equality, justice, freedom, cooperation and amity" is a necessary consequences to the Philippine adherence to the law of nations requiring that states
a) should be at peace with each other;
b) should settle their international disputes or difference not by war but by peaceful means;
c) that war may be resorted to only when disputes can no longer be settled by diplomatic channels; to retorsion, reprisal, and other means short of war, and in extreme cases by war, but in this case, still the conduct of war must be governed by rules - the laws of war.
Regardless of their respective national ideologies, member countries of the international community are equal, free, irrespective of their size, population and wealth, consequently, each one is equally entitled to the rights and subject to the obligations of membership in the United Nations. It follows that policies of the Philippines in its relation with other states as enshrined in the Constitution must be consistent with the rules and principles of international law which seeks peace and amity among nations.
Consequently, it is thus provided in the Constitution that the Philippines pursues and independent foreign policy that will maintain national sovereignty, territorial integrity, national interest and the right of self-determination. The national policies then must be directed towards the observance of international cooperation, considering that at this stage of world history, there exists an ever growing interdependence among independent states.
Supremacy of the Civilian Authority
Section 3 Civilian authority is at all times supreme over the military.
Supremacy of civilian authority over the military is inherent in democratic and republican states. Superiority of civilian authority over the military is regarded as an essential constituent of the fabric of political life.
The President of the Philippines is always a civilian. At the same time, he is the Commander-in-Chief of all the Armed Forces; the army, the navy and the air force, including the Cap;ital command. Appointment to the higher echelons in the armed forces is vested in the President, a fact that precludes the emergence of the military take over in the affairs of the civil government. For the role of the military is spelled out clearly in the Constitution.
Role of the Armed Forces
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.
Prime Duty of Government
Section 4. The prime duty of 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.
It is the right of a state to exact compulsory military service of its citizen and such exaction does not violate the principle of involuntary servitude. This proviso was incorporated in view of the recognized inadequacy of a voluntary system both in terms of military effectiveness and in terms of equality between the rich and the poor.
Maintenance of Peace
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.
For the Filipino people to secure unto themselves and their posterity the blessings of independence and democracy as envisioned in the Preamble of the 1987 Constitution, it is necessary for the Government -
1) to maintain peace and order;
2) protect life, liberty and property; and
3) promote the general welfare
The maintenance of peace and order rests on the military establishment, to be complemented by the judiciary for the protection of life, liberty and property within the context of due process. The promotion of the general welfare requires the cooperative efforts of those in government in the attainment of the greatest good for the greatest number.
Separation of Church and State
Section 6. The separation of the church and state shall be inviolable.
The union of the church and the state is prejudicial to both. The provisions of the 1987 Constitution that compliments the principle of separation of the church and state are found under-
1) Section 5, Article III which provides, among other things, that no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof;
2) Section 29 (2) of Article VI which prohibits the appropriation of public money or property to be applied, paid, or employed directly or indirectly for the use, benefit, or support of any sect, church, denomination, sectarian institution or system of religion, or any priest, preacher, minister, or dignitary as such, except when such priest, preacher, minister or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium;
3) Section 28 (3) of Article VI which exempts charitable institutions, churches, and parsonages or convents appurtenant there, mosques, non-profit cemeteries, and all lands, buildings and improvements actually, directly, and exclusively used for religious, charitable or educational purposes from taxation;
4) Section 28 (3) of Article IX-C which prohibits the registration of religious denomination and sects.
Religious freedom, according to Justice Laurel, as a constitutional mandate is not inhibition of profound reverence for religion and is not a denial of its influence in human affairs.
Notwithstanding the principle of separation of church and state, still both can work together in harmony to serve the welfare of the people. According to the late Jaime Cardinal Sin: the Church and the State are two entities that play an important role in our life. Let us keep them separate, by all means,but let us not interpret separation as segregation. Let us believe that they can work hand in hand, separate but parallel like two tracks on the railroad leading to the same destination.
No comments:
Post a Comment