PhilGovt Lecture 3 - The 1987 Philippine Constitution

**THE 1987 PHILIPPINE CONSTITUTION** **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 the common good, conserve and develop our patrimony,...

**THE 1987 PHILIPPINE CONSTITUTION** **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 the 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. **ARTICLE I: National Territory** The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. **ARTICLE II: Declaration of Principles and State Policies** **PRINCIPLES** **SECTION 1.** The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. In this framework, the sovereignty of the state is held by the people, meaning that they have the ultimate authority over the government. This is an essential feature of democratic governance, where the government is accountable to the citizens. A democratic state is a political system in which citizens have the authority to choose their governing representatives through free and fair elections. It emphasizes the role of the majority in decision-making while also protecting the rights of minorities. A republican state is a form of government in which the country is considered a \"public matter\" (from the Latin \"res publica\"), and is not the private concern or property of the rulers. **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. This provision reflects the Philippines\' commitment to peaceful resolutions and diplomacy over armed conflict. It underscores the country\'s stance on promoting peace and upholding international law, focusing on cooperative relations with other nations instead of engaging in warfare. Over the years, this principle has influenced the Philippines\' foreign policy and its engagements with international organizations, as well as its approach to conflicts in the region. **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. The supremacy of civilian authority over the military is crucial to maintaining democracy and ensuring that military power is exercised in service of the public good. This principle underscores the obligation of the armed forces to operate under the rule of law and to be accountable to civilian leadership, ensuring that military actions align with the democratic ideals and welfare of the populace. **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. This section emphasizes the central role of the government in serving and protecting its citizens. It establishes the principle that the government is responsible for the welfare and security of the populace. This provision reflects a social contract where citizens are expected to contribute to the collective defense and well-being of the state when necessary. **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. This statement emphasizes the fundamental responsibilities of a government in ensuring a stable and just society. By maintaining peace and order, the government creates an environment where individuals can safely exercise their rights and freedoms. The protection of life, liberty, and property is vital for citizens to pursue their interests and aspirations without fear of violence or oppression. **SECTION 6.** The separation of Church and State shall be inviolable. It asserts that government institutions and religious institutions should operate independently of each other to ensure freedom of religion and maintain a secular government. This principle is intended to protect both the state from religious influence and religious institutions from government interference. Ensuring that individuals have the right to practice their faith (or not practice at all) without state interference. **ARTICLE II: Declaration of Principles and State Policies** **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. An independent foreign policy allows a nation to navigate international relations in a way that prioritizes its unique circumstances and values. This can include determining alliances, trade agreements, and diplomatic relations based on considerations central to the nation\'s identity and goals. **[KEY ASPECTS]** National Sovereignty: The Philippines prioritizes its ability to govern itself without external interference. Maintaining sovereignty means that decisions concerning the country\'s affairs will not be dictated by foreign powers. Territorial Integrity: This refers to the respect for the country\'s land and maritime boundaries. The Philippines is committed to protecting its territory from external threats and encroachments, ensuring that its geopolitical borders are upheld. National Interest: The country\'s foreign relations will be guided by what is deemed beneficial for the Philippines as a whole. This encompasses economic, social, and political considerations that contribute to the well-being and prosperity of its citizens. Right to Self-Determination: This principle acknowledges that the Filipino people have the right to determine their own political status and shape their economic, social, and cultural development without undue influence from outside forces. **SECTION 8.** The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. The Philippines has indeed adopted a policy of being a nuclear-free country, which aligns with its national interests and commitment to global peace and stability. This policy is deeply rooted in the country\'s historical experiences and its aspirations for security and development without the threat posed by nuclear weapons. Additionally, the Philippines has been an advocate for global disarmament and non-proliferation, participating in international forums that promote the peaceful use of nuclear energy while also addressing the risks associated with nuclear weapons. The Philippines is a signatory to the Southeast Asia Nuclear-Weapon-Free Zone (SEANWFZ) Treaty which came into force in 1997. This treaty establishes Southeast Asia as a nuclear-weapon-free zone and prohibits the development, possession, and stationing of nuclear weapons in the region. The Philippines actively supports the goals of the SEANWFZ and participates in its implementation. **SECTION 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. Adequate Social Services: This refers to a range of public services that support individuals and communities, such as healthcare, education, housing assistance, and welfare programs. Promote Full Employment: Promoting full employment involves creating economic conditions where jobs are available, and where the workforce is skilled and prepared for current labor market demands. This not only helps individuals secure income but also stimulates economic growth and reduces poverty. A Rising Standard of Living: This refers to an increase in the overall material well-being of individuals and families, often measured by income, consumption, and access to goods and services. Improved Quality of Life for All: Quality of life encompasses various factors contributing to overall happiness and fulfillment, including economic stability, health, educational opportunities, safety, and environmental conditions. An improved quality of life means that these factors are increasingly accessible to everyone in society, leading to greater equity and social cohesion. **SECTION 10.** The State shall promote social justice in all phases of national development. Social justice refers to the fair and just distribution of resources, opportunities, and privileges within a society, and it encompasses various aspects such as economic equality, access to education and healthcare, and the protection of human rights. 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 unschooled, the underprivileged and marginalized. **KEY POINTS IN THE PROMOTION OF SOCIAL JUSTICE IN NATIONAL DEVELOPMENT** Inclusive Policies: The state should design and implement policies that are inclusive, addressing the needs of marginalized and disadvantaged groups in society. Equitable Resource Distribution: There should be a focus on equitable distribution of resources to minimize income inequality and ensure that all citizens have access to basic needs, such as housing, healthcare, and education. Empowerment Programs: Initiatives aimed at empowering underrepresented communities, such as women, children, indigenous peoples, and the elderly, are essential for fostering social justice. Participation and Representation: Encouraging active participation in decision-making processes ensures that all voices are heard and that policies reflect the diverse interests of the population. Legal Protections: Establishing and enforcing laws that protect the rights of all citizens is crucial for maintaining social justice. This includes anti-discrimination laws and workers\' rights. Economic Opportunities: Creating job opportunities and supporting small businesses can help lift people out of poverty and promote equitable economic growth. Education and Awareness: Promoting education and awareness about social justice issues can foster a culture of respect and understanding among citizens. **SECTION 11.** The State values the dignity of every human person and guarantees full respect for human rights. In democratic state, the individual enjoys certain rights which cannot be modified or taken away by the law making body. These rights are protected or guaranteed because of the belief in the inherent dignity and basic moral worth of every human person, regardless of race, color, creed, national or social origin. It encapsulates the fundamental idea that recognizing and respecting human rights is central to the functioning of a just and equitable society. It establishes a foundation for the protection of individuals against abuses and emphasizes the role of the state in fostering an environment where human rights are upheld. **KEY ELEMENTS OF HUMAN DIGNITY** State Value of Human Dignity: This part affirms that the state recognizes and upholds the inherent worth of every individual. It underscores the idea that every person deserves respect and consideration, regardless of their background, beliefs, or circumstances. Guarantee of Human Rights: The section asserts that the state has a responsibility to protect and promote human rights. This involves ensuring that rights are not only acknowledged but also actively safeguarded through laws, policies, and practices. Guarantee of Human Rights: The section asserts that the state has a responsibility to protect and promote human rights. This involves ensuring that rights are not only acknowledged but also actively safeguarded through laws, policies, and practices. Full Respect for Human Rights: This implies that the state must create an environment where all individuals can enjoy their rights without discrimination or persecution. It suggests an obligation to foster equality and prevent human rights violations. Legal Framework: Such clauses often form a core part of constitutional law and can serve as a basis for legal challenges against actions that undermine human rights. They often empower citizens to seek justice for violations and hold the state accountable for its actions. Broader Implications: The commitment to human dignity and rights can shape various areas of policy, including social justice, non-discrimination, and the protection of vulnerable groups. It reflects a broader ethical and moral obligation to treat all individuals with compassion and fairness. **SECTION 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. Sanctity of Family Life: The state acknowledges the fundamental role of families in society and seeks to protect the institution of family life. Protection of Life: There is a clear mandate to safeguard both the life of the mother and the unborn child from the moment of conception, highlighting a pro-life stance. Parental Rights and Responsibilities: The natural rights and duties of parents in nurturing and educating their children are recognized as inherent and essential. Support from the Government: The government is tasked with supporting families and parents in their roles, particularly concerning the upbringing of youth, civic responsibility, and moral development. **SECTION 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. Recognition of Role: The State acknowledges that the youth play a crucial role in nation-building, indicating that their contributions are essential for the country\'s growth and future. Promotion of Well-being: There is a commitment to promoting and protecting various aspects of the youth's well-being, including: - Physical: Ensuring access to health, wellness programs, and opportunities for physical activity. - Moral: Fostering ethical values and integrity. - Spiritual: Supporting the spiritual development and beliefs of the youth. - Intellectual: Encouraging education, critical thinking, and creativity. - Social: Promoting social responsibility, engagement, and connectivity within communities. - Inculcation of Values: The State intends to instill feelings of patriotism and nationalism in the youth, fostering a sense of belonging and responsibility toward their country. - Recognition of Role: The State acknowledges that the youth play a crucial role in nation-building, indicating that their contributions are essential for the country\'s growth and future. **SECTION 14.** The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. Recognition of Women\'s Role: The phrase \"The State recognizes the role of women in nation-building\" acknowledges that women are integral to societal development and progress. This recognition highlights the need to include women\'s contributions in various fields, such as economics, politics, and culture, as vital for the country\'s advancement. Fundamental Equality Before the Law: The section states that the State will ensure \"fundamental equality before the law of women and men.\" This means that all individuals, regardless of gender, should have equal rights and protections under the law. It reinforces the principle that laws should treat all citizens equally and that there should be no discrimination based on gender. Legal Framework and Active Measures: By embedding this principle in the Constitution, it implies that the government is not only acknowledging this equality but is also tasked with taking necessary steps to promote and protect women\'s rights. This includes enacting laws, policies, and programs that facilitate equal opportunities and safeguard against discrimination. **SECTION 15.** The State shall protect and promote the right to health of the people and instill health consciousness among them. Protection and Promotion of Health: This section places a fundamental obligation on the state to not only safeguard public health and welfare but also actively promote health initiatives. This may involve implementing policies, programs, and services that enhance public health outcomes, such as access to healthcare facilities, vaccination programs, and disease prevention initiatives. Right to Health: The term \"right to health\" signifies that health is a basic human right. This includes access to medical services, clean water, nutrition, and a safe living environment. The state is expected to create and maintain conditions conducive to the health of its citizens, ensuring that each individual has the opportunity to attain their full health potential. Health Consciousness: Instilling health consciousness involves educating the public about health issues, promoting healthy lifestyles, and encouraging behaviors that lead to better health outcomes. This could include campaigns on nutrition, exercise, disease prevention, mental health awareness, and the impacts of environmental factors on health. Integral to Overall Development: The focus on health in the constitution recognizes that health is a critical component of individual and societal well-being. A healthy population is vital for economic productivity, social stability, and community development. **SECTION 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 to a Balanced and Healthful Ecology: This clause recognizes that every individual has the inherent right to a livable environment. A balanced and healthful ecology signifies an ecosystem that is sustainable, stable, and supports life without significant degradation or harm. State Responsibility: The provision highlights that it is the duty of the state (i.e., the government) to take proactive measures to protect this right. It implies that the government should formulate and implement policies that contribute to environmental conservation, sustainable development, and ecological balance. In Accord with the Rhythm and Harmony of Nature: This phrase emphasizes the need for natural processes and ecosystems to be respected and maintained. It suggests that human activities should align with natural laws and cycles, and that development should not disrupt ecological balance but instead support it. Connection to Human Rights and Development: The provision reflects the understanding that environmental health is closely linked to human rights, public health, and overall quality of life. A healthy environment is essential for the well-being of present and future generations.