Article 1 & 2 - The Preamble of the Philippine Constitution PDF

Article 1 & 2 **PREAMBLE** We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote thé common good, conserve and develop our patrimony, and secure to ourselves...

Article 1 & 2 **PREAMBLE** We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote thé common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. **Meaning of Preamble.** The term preamble is derived from the Latin preambulare which means \"to walk before.\"\' It is an introduction to the main subject. It is the prologue of the Constitution. **Preamble is not essential in a constitution.** Technically speaking, the Preamble forms no integral part of our Constitution. Of itself alone, it cannot be invoked as a source of private right enforceable by the courts or of any governmental power not expressly granted or at least, clearly implied therefrom.? It is significant to note, however, that a majority of the constitutions of the world contain a preamble. **Object and value of Preamble.** \(1) Sets down origin and purposes of the Constitution. - While a preamble is not a necessary part of a constitution, it is advisable to have one. In the case of the Constitution of the Philippines, the Preamble which is couched in general terms, provides the broad outline of, and the spirit behind, the Constitution. It serves two (2) very important ends: \(a) It tells us who are the authors of the Constitution and for whom it has been promulgated; and \(b) It states the general purposes which are intended to be achieved by the Constitution and the government established under it, and certain basic principles underlying the fundamental charter. \(2) May serve as an aid in its interpretation. - The Preamble has a value for purposes of construction. The statement of the general purposes may be resorted to as an aid in determining the meaning of vague or ambiguous provisions of the Constitution proper. By way of illustration, the government is without power to impose taxes for private purpose because according to the Preamble it is established for public purpose - the promotion of the common good - and not for private purpose. **Source of Constitution\'s authority.** \(1) The Filipino people. - The Constitution begins and ends with the words, \"We, the sovereign Filipino people, imploring the aid of Almighty God x xx, do ordain and promulgate this Constitution.\" Thus, the Filipino people themselves (not just their representatives) are the source from which the Constitution comes and being so, it is the supreme law of the land. The Preamble retains the use of the term \"Filipino people\" to signify their oneness and solidarity. It is different from the term \"people of the Philippines\" which may refer to the entire body of inhabitants, a mere \"aggrupation\" of individuals, including aliens. \(2) A sovereign people. - The Constitution calls the Filipino people \"sovereign.\" The first person approach consisting of the use of the pronouns \"we\" and \"our\" has also been retained instead of the impersonal third person approach (i.e., \"the Filipino people\" and \"their\") in the Preamble of the 1935 Constitution. The intention is to stress that the Filipino people in ordaining and promulgating the Constitution do so on their own authority as a sovereign people and not by virtue of the authority or permission given by a superior foreign power. **Belief in God stressed.** Our Preamble is in the form of a collective prayer. The Filipinos are intensely religious people. In imploring the aid of Almighty God, they declare and affirm their belief in the existence of a Supreme Being that guides the destinies of men and nations. They recognize the fact that with the help of God, they will be able to achieve the ideals and aspirations to which they are committed. In a sense, they acknowledge God as the source of their authority. The Philippines is the only predominantly Christian and partly Muslim nation in Asia and East Pacific Region.\' **National purposes and aims in adopting** **the Constitution.** As set forth in the Preamble, they are: 1. To build a just and humane society; and 2. To establish a Government that shall: 1. embody our ideals and aspirations; 2. promote the common good; \(e) conserve and develop our patrimony; and \(d) secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace. **Attainment of the constitutional goals.** \(1) Root causes of our present problems. - After more than a half century of independent existence,\' the Philippines continues to be beset with pressing economic, political, and social problems usually associated with underdevelopment. To be sure, every administration has been respon-sible, one way or another, for the slow progress of our country. A simple analysis will reveal that the root causes of our country\'s problems can be traced to a large extent to the government machinery itself - graft and corruption, political wrongdoings, blunders in economic policies, and mis-management, among others. The public perception of these shortcomings plus the inability of the government to satisfy the basic needs of our increasing population, have engendered misgivings in the minds of many in the effectiveness of the existing system, and have, in fact, contributed to our lack of unity and oneness as a people.e \(2) Government envisioned by the Constitution. - The two goals - to build the kind of society and to establish the kind of government set forth in the Preamble - are attainable only if the government actually established is of the character envisioned by the Constitution. 1. That government must be democratic, i.e., based on the consent of the governed, and it must be so not only in its structure but more importantly, in its operation. (see Art. II, Sec. 1.) For instance, it is not enough that laws are just and humane - they must be applied justly and humanely; or that periodic elections are held - they must be clean and orderly and must accurately reflect the will of the electorate. 2. That government must be administered by honest, efficient and dedicated men and women who consider public office as a public trust. (Art. IX, Sec. 1.) \(c) That government must be responsive to the people\'s needs and expectations, exercising power and authority in view only of the common good, always guided and controlled by the laws and the Constitu-tion. 1. Single biggest factor for national solidarity. - Such a government is beyond doubt, the single biggest factor for national solidarity for it commands the respect and confidence of the citizens in its integrity and competence and, therefore, can readily secure their support and cooperation behind great undertakings and, in times of grave crises, count on their loyalty and patriotism to make sacrifices, and if need be, to defend it and the democratic ideals and values (eg., rule of law, respect for human dignity, freedom, equality) it stands for. 2. Key to a successful democracy. --- Only when we succeed in establishing a truly popular \"government that shall embody our ideals and aspirations,\" as intended by the Constitution, can we overcome whatever difficulties and meet whatever challenges that we face today and that may confront us in the future. Only then can we build for ourselves and the succeeding generations a vibrant democracy that can withstand the toughest tests of events and assure a life of prosperity and progress, justice and dignity for all, especially the poor and the less privileged in our society who up to now constitute the vast majority of \"the sovereign Filipino people.\" ‹see Art. II, Secs. 9-11.) **Changes in the Preamble.** 1. The Preamble, consisting of 75 words, is one of the world\'s longest preambles. It has 15 words more than that of the 1973 Constitution. 2. The phrase Almighty God replaced \"Divine Providence\" in the 1935 and 1973 Constitutions which was considered vague and impersonal. The latter term was used in the 1973 Constitution as a compromise to accommodate some atheists in the 1971 Constitutional Convention. Common good is used to refer to all the people in place of \"general welfare\" which is not as inclusive as it may be interpreted to refer only to the welfare of the greater majority (even to the great prejudice of the minority), and freedom instead of \"liberty\" because the latter word does not cover freedom from want, fear and ignorance. \(3) Other amendments are the insertion of the following phrases and words: 1. to huild a just and humane society, to stress that in ordaining and promulgating the Constitution, the purpose is not only to establish a government but also such a society where inequalities or inequities in any form do not exist. This is especially relevant in our society today where there are so few with so much and so many with so little; 2. the rule of law (see Introduction-E.), the Constitutional Commission apparently having in mind the country\'s experience of authoritarian rule under the former regime which had been accused, among others, of human rights violations. electoral frauds and terrorism, suppression of dissent, abuse of the decree-making power, and unequal application of the law; \(e) aspirations, to stand for the unrealized dreams of the nation as distinguished from ideals\" which refer to accepted norms and senti- 1. truth, to emphasize the constitutional policy of transparency in the administration of the government; and 2. love, as a directive principle of the Preamble together with truth, justice, freedom, equality and peace. In many parts of the coun try today, intense partisan conflicts and political rivalries, not to mention the long-drawn communist armed rebellion and the secessionist movement in the south, and the repeated coup attempts by disaffected military rebels to overthrow the government,\* have engendered hatred, violence and tensions, and hinder our progress and development. Without a sense of love to bind the Filipinos and make them show more compassion, concern and understanding for one another especially during these critical times when the country is confronted by vexing socio-politico-economic problems, national unity and peace so vitally needed in the great task of building a strong and stable nation, will remain an elusive goal. 3. Incidentally, the new Constitution is the only one in the world to enshrine \"love\" in its text which can also be read as \"human fraternity\" or \"brotherhood.\" 4. \(4) The word independence in the 1935 text of the Preamble (which was almost an exact reproduction of the Preamble of the U.S. Constitution except for some alterations in phraseology) was changed to \"democracy\" in the 1973 Constitution for the reason that the term denotes the idea of a colonial status (which was existing at the time of the adoption of the 1935 Constitution), and it is long after 1946 when the Philippines had become legally independent. It is restored to stress our being an independent nation, \"free to build and chart our own destiny, in our own time and in our own way.\" 5. Of course, there is no nation in the werld that is truly independent. 6. Each nation is to a certain degree dependent upon others, for no nation, no matter how progressive and prosperous, can be completely self-sufficient. 7. The constitutional goal is self-reliance and freedom from foreign control and intervention in the development of our national economy (see Art. II, 8. Sec. 19.) and the pursuit of our foreign policy. (Ibid., Sec. 7.) 9. \(5) The words peace and equality were inserted in the 1973 Constitution in view of the turbulence, and the waves of protest against \"basic economic and social inequalities\" then prevailing in the country at the time of the framing of the same. These conditions continued to exist up to the last days of the Marcos regime. While the idea which \"equality\" signifies is already embodied in the term \"democracy,\" it is imperative that emphasis should continue to be made in the new Charter of the egalitarian objectives of our society. **Article 1** **National Territory** Section 1  Necessity of constitutional provisions 1. Binding force of such provision under international law -- There is no rule in international law which requires a State to define its territorial boundaries in its Constitution. 2. Values of provision defining our national territory -- It is important to define as precisely as possible our national territory for the purpose of making known to the world the areas over which we assert title or ownership to avoid future conflicts with other nations. 3. Acquisition of other territories -- The definition of our national territory in our constitution does not prevent the Philippines from acquiring other territories in the future.  National Territory of the Philippines 1. The Philippines archipelago with all the islands and water embraced therein 2. All other territories over which the Philippine has sovereignty or jurisdiction 3. The terrestrial, fluvial and aerial domains including the territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas, therefore; and 4. The internal water. (Sec. 1)  Meaning of Archipelago 1. It has been defined as a sea or part of a sea studded with islands, often synonymous with island groups or as a large group of islands in an extensive body of water, such as sea.  Other territories over which the Philippines has sovereignty or jurisdiction 1. The phrase "all the other territories belonging to the Philippines"   Other areas included in the Philippine archipelago 1 The territorial sea -- It is the part of the sea extending 12 nautical miles from the low-watermark. 2 The seabed -- This refers to the land that holds the sea, lying beyond the seashore, including mineral and natural resources. 3 Subsoil -- This refers to everything beneath the surface soil and the seabed, including mineral and natural resources. 4 Insular shelves -- They are submerged portions of a continent or offshore islands, which slope gently seaward from the low waterline to a point where a substantial break in grade occurs, until into the depths of the ocean are reached. 5 Other submarine areas -- They refer to all areas under the territorial sea.   Three-folded division of navigate water 1. Inland or internal waters -- They are the parts of the sea within the land territory. 2. Territorial sea -- It is the belt of water outside and parallel to the coastline or the outer limits of the island or internal waters. 3. High or open seas -- They are waters that lie seaward of the territorial sea.  Jurisdiction over navigable waters  The archipelagic concept or principle of territoriality  The Philippine position 1. In international Convention on the Law of the Sea held in Geneva in 1958, the Philippines position was explained 2. Philippines should be treated as one even it's compose of 7,107. 3. The Philippines did not accept the 12-mile rule and prefers the idea of the archipelago concept. **ARTICLE II** **DECLARATION OF PRINCIPLES AND STATE POLICIES TATE POLICIES** **PRINCIPLES**   **Section 1. ** **The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.**    The Philippines, a democratic and republican state − A republican government is a democratic government by representatives chosen by the people at large. − The essence therefore, of a republican state is indirect rule. − It embodies some features of a pure or direct democracy such as initiative, referendum, and recall.  Manifestations of a democratic and republican state 1\) The existence of a bill of right; 2\) The observance of the rule of majority; 3\) The observance of the principle that ours is a government of laws, and not of men; 4\) The presence of election through popular will; 5\) The observance of the principle of separation of powers and the system of checks and balances; 6\) The observance of the principle that the legislation cannot pass irrepealable laws; 7\) The observance of the law on public officers; 8\) The observance of the principle that the State cannot be sued without its consent.  Sovereignty of the people Sovereignty implies the supreme authority to govern, thus the Filipino people, being sovereign people have the right to constitute their own government, to change it, and define its jurisdiction and powers. 1)Sovereignty is exercised indirectly → Through public officials elected by the people. → Officials appointed by the elected officials. 2)Sovereignty exercised directly  → Suffrage  Right of the people to revolt − Section 1 above impliedly recognizes that the people, as the ultimate judges of their destiny, can resort to revolution as a matter of right. − A provision in the Constitution, however, expressly recognizing the people\'s right to revolt against an oppressive or tyrannical government is not necessary and proper   **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.**    Renunciation of war as an instrument of national policy The declaration refers only to the renunciation by the Philippines of aggressive war, not a war in defense of her national honor and integrity. Thus, when provoked and attacked the Philippines can retaliate and engage into war.  Adoption of the generally accepted principles of international law as part of our law − International law refers to the body of rules and principles which governs the relations of nations and their respective peoples in their intercourse with one another − The doctrine of incorporation is the automatic adoption of international law as part of the law of the Philippines.  Adherence to the policy of peace, etc., with all nations The Philippines seeks only peace and friendship with her neighbors and all countries of the world, regardless of race, creed, ideology, and political system, based on mutual trust, respect, and cooperation.   **Section 3. ** **Civilian authority is, at all times, supreme over the military. 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.**    Supremacy of the Civilian Authority The President is the commander-in-chief of the armed forces of the Philippines, → The army, the navy, the air force, and the marines. → The appointment of the high ranking officials is vested in the President.    Armed Forces: Protector of the State Armed Forces of the Philippines (AFP) Its goals is to discharge the function of being the protector of: → The sovereignty of the State → Integrity of our National Territory   **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 fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.**  Prime duty of the Government \"\... the foremost duty of the government is to serve and protect the people. The government exist for the people and not the people for the government."  Defense of the State by the people against foreign aggression \...the government may call upon the people to defend the State. For self-preservation and to defend its territorial honor and integrity, the Philippines can engage in a defensive war. The defense of the State is one of the duties of a citizen.  Military and civil service by the people 1\) Defense of the State performed through an army 2\) Compulsory 3\) Personal 4\) By law  Meaning of \"civil service\" The term refers to any service for the defense of the State other than as soldiers, like as workers in munition factories. ** ** **Section 5.** **The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.**  Maintenance of peace and order, etc. Only when peace and order, security, and a life of dignity are established and maintained, will political stability and economic prosperity become attainable and the people truly enjoy the \"blessings of independence and democracy.\"  Duty of the government to maintain peace and order → Through making laws → Enforcing laws → Promote the general welfare   **Section 6.** **The separation of Church and State shall be inviolable.**  Principle of separation of the church and State The principle simply means that the Church is not to interfere in purely political matters or temporal aspects of man\'s life and the State, in purely matters of religion and morals, which are the exclusive concerns of the other.  Meaning of \"establishment of religion clause.\" 1\) The State shall have no official religion; 2\) The State cannot set up a church, whether or not supported with funds; nor aid one religion, aid all religions, or prefer one religion over another; 3\) Every person is free to profess belief or disbelief in any religion; 4\) Every religious minister is free to practice his calling; and 5\) The State cannot punish a person for entertaining or professing religious beliefs or disbeliefs.  No hostility towards religion 1\) Preamble - The command that Church and State be separate is not to be interpreted to mean hostility to religion. 2\) Other provisions/laws a\) Our Constitution and laws exempt from taxation, properties devoted exclusively to religious purposes; b\) The use of public money or property is not prohibited when a priest, preacher, minister, or dignitary as such is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium; c\) Optional religious instruction in public elementary and high school is by constitutional mandate allowed; d\) Thursday and Friday of Holy Week, Christmas Day and Sundays are made legal holidays because of the idea that their observance is conducive to beneficial moral results; and e\) The law punishes polygamy and bigamy, and certain crimes against worship are considered crimes against the fundamental laws of the State.   **STATE POLICIES** **Section 7** **The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self- determination.**  **Foreign Policy of the Philippines** Foreign policy is a set of guideline followed by a government of a country in order to promote its national interest through the conduct of its relations with other countries.  **Foreign Policy of the Philippines** 1\) Formulation and conduct of foreign policy.  The president formulates our foreign policy principally with the help of the Department of Foreign Affairs 2\) An instrument of domestic policy.  Foreign policy is but a reflection and an instrument of domestic policy, the former being dictated by the latter. They are not only mutually consistent but complementary. 3\) Pursuit of an independent foreign policy. An independent foreign policy means one not subordinate or subject to nor dependent on another government\'s support, but not one that completely rejects advice or assistance from without. In general, our basic foreign policy objective is to establish friendly relations with all countries of the world regardless of race, religion, ideology and social system and to promote as much beneficial relationship with them particularly in economic and trade activities. 4\) Paramount consideration.  In its relations with other states, the paramount consideration of the Philippines shall be national sovereignty, territorial integrity, national interest, and the right to self- determination. **SEC. 8. The Philippines, consistent with the national inter-est, adopts and pursues a policy of freedom from nuclear weapons in its territory.** **Freedom from nuclear weapons policy** The intent of Section 8 is to forbid the making. storing, manufacture or testing in our country of nuclear weapons, devices or parts thereof as well as the use of our territory as dumping site for radioactive wastes and the transit within our territory of ships or planes with nuclear weapons. It does not, however, prohibit the use of nuclear energy for medicine, agriculture, and other peaceful or beneficial purposes. Congress will have to provide the mechanics to effectively implement Section 8. 1. As subject to exception. - The records of the Constitutional Com-mission\' support the position that Section 8 does not absolutely ban nuclear weapons from Pbilippine territory. The phrase \"consistent with the national interest,\" may reasonably be interpreted to mean \"subject to national interest.\" In other words, if the national interest so dictates, the storing of nuclear weapons in our territory may be permitted at least on a transitory basis, considering that it was not prohibited under the then existing military bases agreement with the United States whose validity and term of effectivity until 1991 are implicitly recognized by the Constitu-tion. (see Art. XVIII, Sec. 25.) 2. As an absolute ban. - The phraseology, however, of Section 8 may be understood as providing no qualification, exception, or condition if the phrase \"consistent with national interest\" is taken as the reason for the policy, that is, the Philippines \"adopts and pursues\" the policy because it is consistent with national interest. The Constitution itself bans nuclear weapons as a policy and precisely emphasizes that such policy is \"consist-ent with the national interest.\" **SEC. 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.** **Just and dynamic social order.** 1. Policies necessary to be pursued. - The State shall promote a just and dynamic social order. This is accomplished through policies that provide adequate social services (in the field of health, education, housing, etc.), promote full employment (see Art. XII, Sec. 1, par. 2; Art. XIII, Sec. 3, par 1.), a rising standard of living, and an improved quality of life for all. (Ibid., Sec. 1.) 2. Solving the problem of mass poverty. --- The Preamble calls for the \"establishment of a just and humane society.\" Such a society must insure the prosperity and independence of the nation and free the underprivileged and the marginalized sectors of our population from poverty. The goal is to reduce the political and economic power of a privileged few by equalizing widely differing standards and opportunities for advancement and to raise the masses of our people from their poverty to a qualitative life worthy of human dignity. With the eradication of mass poverty, the State solves at the same time a chain of social problems that comes with it: social unrest, breakdown of family systems, diseases, ignorance, criminality, and low productivity.? **SEC. 10. The State shall promote social justice in all phases of national development.** **Social justice.** This policy mandates the State to promote social justice in all phases of national development. In the fulfillment of this duty, the State must give preferential attention to the welfare of the less fortunate members of the community - the poor, the underprivileged, those who have less in life. Il is discussed fully under Article XIII (Social Justice and Human Rights). **SEC. 11. The State values the dignity of every human person and guarantees full respect for human rights.** **Human dignity and human rights.** In a democratic state, the individual enjoys certain rights which cannot be modified or taken away by the lawmaking body. These rights are recognized or guaranteed because of the belief in the inherent dignity and worth of every human person. The value accorded to human dignity is measured by the extent of respect for human rights. In pursuit of this constitutional policy, it is the duty of the State to enact measures and develop programs that will promote human dignity and protect the people from any threat of violence or use uf force or deception for the purpose of exploitation.\' This topic is discussed at length under Article III (Bill of Rights) and Article XII! (Social Justice ard Human Rights). **SEC. 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.** **Strengthening the family as a basic autonomous social institution.** The above declaration not only has given constitutional basis to the family as a basic autonomous social institution, but in addition, mandates the State to recognize the sacredness of family life and to strengthen the family. (see Art. XV.) Under the provision, the government may not enact any law or initiate measures that would break up or weaken the family as a social unit, or in the guise of protecting the family, interfere in purely internal family matters which do not involve the social order or any public policy. Our Civil Code lays down certain general principles which sustain the solidarity of the family not only for the guidance of the courts and administrative officials, but also for their wholesome in luence upon the members of every family.\' **Right to life of the unborn from conception** **and of the mother.** \(1) Human life is commonly believed to begin from the moment of conception when the female egg and the male sperm merge at fertilization. From that moment, the unborn child is considered a subject or a possessor of human rights. He has a basic human right to life which the State is mandated to protect, along with infants and children. (Sec. 12.) In short, once conceived, a child has a right to be born. The provision protecting the unborn prevents the possibility of abortion being legalized by future legislation. It manifests the Constitution\'s respect for human life. \(2) The State has still another compelling interest aside from the right to life of the unborn - the health of the mother whose life it shall equally protect. (Ibid.) The sacrifice of the life of the unborn when medically established as necessary to save the life of the mother is not abortion. **Rearing of the youth for civic efficiency and development of moral character.** 1. A duty both of parents and government. - The common welfare of society as well as the good of the individual depends to a great extent upon the proper education and training of children. The youth of today will be tomorrow\'s citizens. These citizens will be as they have been prepared and guided in their youth. The government, therefore, should equally share in the inherent right and duty of parents in the training of their children to be good, useful, and worthy citizens by giving them support to prepare their 2. Right of State to interfere with education of children. - The above provision must not, however, be interpreted to mean that, as in a totalitarian State, the children will be considered the property of the State. So, the State cannot by law compel the parents to make their children accept instruction in public schools only. Such a law constitutes an unreasonable interference with the liberty of parents to direct the upbringing and education of children under their control. The child is not a mere creation of the State. The State, however, has the power reasonably to regulate all schools, their teachers and pupils; to require that all children of proper age attend school, that teachers shall be of good moral character and patriotic disposi-tion, that certain studies plainly essential to good citizenship must be taught, and that nothing be taught which is manifestly inimical to public welfare.\* (See Art. XIV, Sec. 3/21. \(3) The State and parental obligations. --- While the natural (i.e., not created by State law) and primary responsibility for educating the child rests in the family, the State also has a distinct interest in this matter since a proper education - humanistic, vocational, moral, religious, civic \- is necessary for social well-being. It is, therefore, the duty of the State to see that these obligations are fulfilled by parents ithrough such means as compulsory education laws), and to supply the essential educational facilities which private initiative is unable to furnish. \(4) Duty of State to encourage educational institutions. - Viewed in this light, the State should encourage rather than hinder the operation of private and parochial schools so long as these schools meet the secular educational requirements which the government has the authority to impose.\' **SEC. 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.** **Role of the youth in nation-building.** The above declaration is related to the preceding provision. 1. Today\'s youth, more knowledgeable and intelligent. - The bulk of our population is made up of the youth, nearly half of it comprising the very young people who are 15 years old or younger.\' Compared to previous generations, today\'s younger citizenry are better educated and far more well-informed and articulate and politically conscious. No less than the Constitution recognizes this in the provision reducing the voting age from 21 to 18. (Art. V, Sec. 1.) 2. Duty of the State. - The youth constitute a rich reservoir of productive manpower. Recognizing their vital role in shaping the country\'s des-tiny, the Constitution lends its support to the promotion of their welfare. It is made the constitutional duty of the State to promote and protect the well-being of the youth to enable them to develop physically, morally, spiritually, intellectually, and socially, in a wholesome and normal man-ner, and thus, transform them into healthy, upright. intelligent, and useful citizens and potential community leaders. It shall inculcate in the youth, patriotism and nationalism (Art. XIV, Sec. 3\|2).), promote positive personal and social values among them, and encourage their active involvement and participation (e.g., by giving them representation) in public and civic af-fairs? (Sec. 13.) to the fullest extent possible. \(3) Today\'s youth, tomorrow\'s leaders. - By harnessing their enterprising spirit and progressive idealism, young people can become effective players in our collective effort to build a modern Philippines and, properly trained and guided, will in time assume with dignity and honor the placesof their elders in the high councils of the nation. Our children are our hope; they are our future --- the nation\'s future in fact. **SEC. 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.** **Role of women in nation-building.** 1. Proven capabilities of Filipino women. - Filipino women, past and present, have proven their capabilities in all fields of human endeavor --- in private business, in the professions, in the arts, in education, in civic work, and in public service - even in positions of international leadership such as in the United Nations and other international organizations. And Filipino heroines who figured prominently in gaining our independence are not few. They fought with courage and dedication in the struggle for Philippine freedom against a colonial master and, during the last war, in the battles for liberation against a foreign invader. In the recent past, they were in the forefront of movements for the restoration of democratic processes in our land against a discredited regime which finally culminated in its overthrow. Today, Filipino women have been involving themselves in worthy causes and activities of national concerns. They have always been ready to heed the country\'s call to service with two of them having steered the nation\'s ship of state.\' They help shape a better future for all Filipinos. It can safely be said that the Philippines is well ahead of many other countries of the world in terms of leadership roles of Filipino women both at home and abroad. Many Filipinos stand out among the women of the world as being especially educated, talented, and liberated. In pre-industrial societies, domestic work was assigned to women who were looked upon merely as men\'s helpmates and creative sources of human life. The traditional view that the role of women is primarily chila-bearing and child-rearing and performing household chores should be abandoned? While the social role of women as mothers and household managers is recognized, the State should formulate strategies to expand women\'s participation in non-household and productive activities and thus make them direct contributors to the country\'s economic growth.\' In economic life, for instance, the State must promote and uphold the equality of men and women in employment, terms of employment, opportunities for promotion, the practice of profession, the acquisition, control, and disposition of their property, pursuit of business, etc. In certain situations, they are entitled to special protection from the State. (see Art. XIII, Sec. 14.) **SEC. 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.** **Right of the people to health.** Wholistically defined, health is the state of physical, social and mental well-being rather than merely the absence of physical diseases. The State has the obligation to promote and protect the right of the people to health. To better fulfill this duty, it must instill health consciousness among the people. This topie is discussed lengthily under Article XIII (Social Justice and Human Rights), Sections 11 to 13. **SEC. 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.** **Right of the people to a balanced and healthful ecology.** Ecology is that branch of science that deals with the study of the interrelationships of living things (organisms, plants and animals) and their environments. (see Art. XII, Sec. 3.) 1. Causes of environmental degradation. - The Constitution, in Section 16, takes cognizance of the continuing degradation of the Philippine environment which has become a matter of national concern caused by rapid urbanization (migration of people from rural areas to urban centers), industrial growth, population expansion, natural resources utilization, the use of modern technology, and other socio-economic factors, and couse-quently, the need for an environmental protection program to prevent further injury and/or damage to plant and animal life and property and, more important, to protect human life, health and safety.\' 2. Effect on quality of life. --- Many people today are unable to live in dignity as human beings because they cannot acquire the necessary food, housing, health, sanitation and education as a result of the deterioration of the environment. The quality of life of the people cannot advance unless the living environment is nurtured and valuable natural resources are protected and preserved.\* 3. \(3) Relationship hetween development and environment. --- The lessons drawn from ecological studies in the United Nations show that political, social, and economic growth and development are crucially dependent upon the state of the human environment.\" For this reason. the improvement of the quality of our environment should occupy a higher place in the scheme of priorities of the government. **SEC. 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.** **Priority to education, science and technology,** **arts, culture and sports.** This topic is discussed under Article XIV with the above subjects as title. **SEC. 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.** **Labor as a primary social economic force.** This topic is discussed under Article XIII ‹ Social Justice and Human Rights), Section 3. **SEC. 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.** **Self-reliant and independent national** **economy.** Section 19 states the constitutional guidelines in the development of the economy: economie self-reliance, independent national economy, and effective Filipino control of the economy. This topic is discussed in detail under Article XII (National Economy and Patrimony), Section 1. **SEC. 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.** **Role of the private sector in the economy.** In recognition of the indispensable role of the private sector as the main engine of economic development, the State is mandated to encourage private enterprise and to provide incentives to needed investments, whether local or foreign. The Constitution does not favor an economy managed or controlled by the State. Government is often considered a poor manager. Controls breed corruption and discourage business. They play favorites, thus discouraging those not favored. Under the principle of subsidiary adopted by the Constitution in the above provision, the government should not engage in particular business activities which can be competently and efficiently undertaken by the private sector unless the latter is timid or does not want to enter into a specific industry or enterprise. (see Art. XII, Sec. 6.) The government was not established to engage in business. The duty of the State is to make the economy a system for free and private enterprise with the least government intervention in business affairs. This topic is discussed fully under Article XII (National Economy and Patrimony), Sections 1, 2, 6, 10, 16, 17, and 18. **SEC. 21. The State shall promote comprehensive rural dev. elopment and agrarian reform.** **Comprehensive rural development and agrarian reform.** \"Comprehensive rural development\" covers all phases of rural develop ment \-- economic, social, political, cultural, and even industrial. This topic is discussed under Article XIII (Social Justice and Human Rights), Sections 4 to 8 and Article XII (National Economy and Patrimony), Section 1. **SEC. 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.** **Rights of indigenous cultural** **communities.** As used in the Constitution the term \"indigenous cultural communi-ties\" refers to those non-dominant groups\' in our country which possess and wish to preserve ethnic, religious, or linguistic traditions or characte istics markedly different from the rest of the population.\* Section 22 recognizes constitutionally the existence and the rights of the indigenous cultural communities. It directs the State to promote their rights within the framework of national unity and development. Thus, the State is bound to consider the customs, traditions, beliefs and interests of indigenous cultural minorities in the formulation and implementation of state policies and programs. In a multi-ethnic society like ours. the above provision is necessary in promoting the goal of national unity and develop-ment.\' (see Art. XVI, Sec. 12.) Under the provision, the government may even enact laws especially for them taking into account their customs, traditions, beliefs, and interests. **SEC. 23. The State shall encourage non-governmental, com-munity-based, or sectoral organizations that promote the welfare of the nation.** **Non-governmental, community-based or sectoral organizations.** The State is required to encourage these organizations because recent events have shown that, under responsible leadership, they can be active contributors to the political, social, and economic growth of the country. It should refrain from any actuation that would tend to interfere or subvert the rights of these organizations which in the words of the Constitution are community-based or sectoral organizations that promote the welfare of the nation. This topic is discussed at length under Article XIII (Social Justice and Human Rights), Sections 15 and 16 which categorically state the role and rights of people\'s organizations as vehicles to enable the people to participate and intervene meaningfully and effectively in decisions which directly affect their lives. **SEC. 24. The State recognizes the vital role of communication and information in nation-building.** **Vital role of communication and information** **in nation-building.** Communication and information, as used above, include not only print or broadcast media (radio and television) but also motion pictures, adver-tising, cable, telephone and telegraph.\' Those means of communication designed to gather and convey news or information to the public are called mass media because they reach the mass of the people. (see Art. XVI, Sec. 11\[1).) That they play a critical role in nation-building is very obvious. 1. Formation of an enlightened citizenry. - Mass media shape people\'s thoughts and beliefs, their attitudes and values. In a country like the Philippines composed of people with diverse cultures, they can be an effective instrument in promoting national integration and preserving Filipino values and traditions. By educating the citizenry on important public is-sues, they also help create a strong, vigilant and enlightened public opinion so essential to the successful operation of a republican democracy. 2. Promotion of efficiency and economy in government and business. - Information and communication can be used to link our geographically dispersed population and help effect faster delivery of educational, medi-cal, and other public services in remote areas of the country. In any organization, ready information maximizes internal efficiency. Particularly in business, it reduces cost of production and services 3. Development of society. - On the material side, it is difficult to imagine a progressive country, in today\'s world of high-tech computers. internets, cyberspace and information highways, with antiquated communication and information structures. In the last few years, the world has witnessed a steady stream of technological progress in this field. The Philippines must keep abreast of communication innovations but at the same time be selective and discriminating to insure that only those \"suit-able to the needs and aspirations of the nation\" (Ibid.; Sec. 10.) are adapted. Utilized and managed wisely and efficiently, communication and inferma-tion are very useful tools for the economic, social, cultural and political development of society. **SEC. 25. The State shall ensure the autonomy of local governments.** **Autonomy of local governments.** This topic is discussed in Article X (Local Government). **SEC. 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.** **Equal access to opportunities for public service.** This topic is discussed under Article VI (Legislative Department), Sections 4, 5, and 7 and Article X (Local Government), Section 8. Additionally: 1. Limitation of terms of office. - The provisions limiting the terms of office uf elective officials (President, Vice-President, Senators, Representatives, and local officials) enhance equal access to political opportunities although they may not completely do away with the evils spawned by political dynasties that proliferated in the country in the past. With his political and economic resources, an elective official can have a close kin or trusted follower run for the same position and continue to exercise control through the latter. Hence, the need for a declaration expressly prohibiting political dynasties. 2. Prohibition of political dynasties. - The constitutional policy on the prohibition of political dynasties expresses a national commitment to democratize election and appointment to positions in the government and eliminate a principal obstacle to \"equal access to opportunities for public service.\" It is not uncommon to have most of the top elective positions in a province (or city) down to the barangays occupied by one family and close relatives of the family members. Politicians form husband-wife teams, or father-mother, son-daughter teams and hold to elective positions for dec-ades. The dominance of political families in the past not only kept more deserving but poor individuals from running or winning in elections; it also enabled powerful and affluent politicians to corner appointive positions for their relatives and followers as if they alone are gifted with the ability to serve the country. 3. Prohibition constitutionally mandated. - The law implementing the constitutional policy shall define what constitutes political dynasties, having in mind the evils sought to be eradicated and the need to insure the widest possible base for the selection of elective government officials regardless of political, economic, and social status. Note that the State is expressly mandated to prohibit \"political dynasties.\" Congress has no discretion on the matter except merely to spell out the meaning and scope of the term. **SEC. 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.** **Honesty and integrity in public service.** 1. The perennial problem of graft and corruption. - In the Philip-pines, every new administration since the postwar period has made a pledge to eradicate graft and corruption in government. The popular per-ception, however, is that this baneful ill has become more rampant and sophisticated through the years. To be sure, the above provision was incorporated in the Constitution because of revelations of \"unprecedented magnitude\" of graft and corruption allegedly perpetrated by officials in the highest circle of the government during a previous regime. 2. Ways to attack problem. - The malady of graft and corruption must be eliminated or at least minimized to a tolerable degree because of the staggering amount of public money that has been lost through it. What is needed is moral leadership by example on the part of the top officials in the government and a continuing, uncompromising, well-coordinated campaign against all forms of dishonesty and venality in the public service which have considerably slowed down the socio-economic progress of our country. Having honest Presidents with the best of intentions is not enough to reduce corruption to minimal proportion. This perennial problem cannot be solved by mere empty promises and congressional inquiries, but by prosecuting without fear or favor and putting behind bars so-called \"big fishes\" found to be involved as concrete examples of the government\'s determination to achieve decency in the public service. Any campaign against this scourge of society will be made more effective if accompanied by a morality crusade.\' \(3) Need for honesty and integrity in public service. - The fulfiliment of the constitutional mandate will go a long way in strengthening the people\'s trust in the government and its leaders. It will also ensure the efficient use of the meager resources available for national development. This topic is further elaborated under Article XI (Accountability of Public Officers), Sections 1 and 2. **SEC. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a poliey of full public disclosure of all its transactions involving public interest.** **Full disclosure by the State of all its transactions.** On the other hand, Section 28 requires the State to make public its transactions without demand from individual citizens. It stresses the duty of the State to release the information. The policy of full diclosure is in line with the constitutional mandate of an open, accountable and transparent government. (see Art. VI, Secs. 12. 16141, 20; Art/ VI, Secs. 12, 13lpar. 11, 20; Art. IX, D-see. 3; Art. XI, Sec