ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES Hector S. De Leon and Hector M. De Leon, Jr. | Textbook on the (1987) Philippine Constitution The principles and policies as enumerated in Article II encompass the values and aspirations of the Filipino people. (see Preamble.) They provide fundamental guidelines which the government is committed to observe in the conduct of public affairs, specifically, in the enactment of laws by Congress, their enforcement by the executive branch, and in the determination of the validity of statutes and executive acts by the courts in cases or controversies brought before them. PRINCIPLES Defense of the State by the people against foreign aggression Military and civil service by the people SECTION 5: The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essentially for the enjoyment by all the people of the blessings of democracy. Maintenance of peace and order, etc. 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 Manifestations of a democratic and republican state Sovereignty of the people SECTION 6: The separation of Church and State shall be inviolable. Principle of separation of the Church and State Meaning of “establishment of religion clause” No hostility towards religion STATE POLICIES Right of the people to revolt SECTION 2: The Philippines renounces war as an instrument of national policy, adopts the generically 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 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 selfdetermination. Foreign policy of the Philippines Adoption of the generally accepted principles of international law as part of our law SECTION 8: The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. Adherence to the policy of peace, etc., with all nations Freedom from nuclear weapons policy 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. 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. Supremacy of civilian authority over the military Armed Forces of the Philippines, protector of the people and the State 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 Just and dynamic social order SECTION 10: The State shall promote social justice in all phases of national development. Social justice SECTION 11: The State values the dignity of every human person and guarantees full respect for human rights. Human dignity and human rights Dex Marco Tiu Guibelondo, BS Pharmacy, RPh, BS Computer Engineering – IV 1 ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES Hector S. De Leon and Hector M. De Leon, Jr. | Textbook on the (1987) Philippine Constitution 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. Strengthening the family as a basic autonomous social institution Right to life of the unborn from conception and of the mother Rearing of the youth for civic efficiency and development of moral character SECTION 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. reasonable returns on investments, and to expansion and growth. Protection to labor The above declaration is broad enough to cover all kinds of protection to labor, local and overseas, organized and unorganized. 1) Right to one’s labor deemed property 2) Labor, a primary social economic force. Promotion of full employment and equal work opportunities The right to full employment and equality of employment through equal work opportunities is not merely statutory but is elevated into a constitutional right (Sec. 3, par. 1.). 1) Creation of employment opportunities imperative 2) State has duty to eliminate discriminatory practices 3) Useful labor essential to personal dignity and development 4) Duty of every citizen to engage in gainful work Rights of workers In the relations between workers and employers, the following rights shall be assured by the State: LABOR SECTION 3: The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. It shall guarantee the rights of all workers to selforganization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. 1) Right to self-organization 2) Right to collective bargaining The agreement resulting from a collective bargaining is called collective bargaining agreement. 3) Right to collective negotiation 4) Right to peaceful and concerted activities including the right to strike Concerted activities include strike, picketing, work stoppage, and boycott. Strike is the final weapon of labor in case of the refusal of employers to bargain in their working conditions. 5) Right to security of tenure 6) Right to just and humane conditions of work 7) Right to a living wage 8) Right to participate in policy and decision-making processes The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to Dex Marco Tiu Guibelondo, BS Pharmacy, RPh, BS Computer Engineering – IV 2 ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES Hector S. De Leon and Hector M. De Leon, Jr. | Textbook on the (1987) Philippine Constitution Principle of shared responsibility Labor conflicts through strikes and lockouts result in tremendous losses in terms of interruption of production, disrupt public peace and order, sometimes cause the loss of life and destruction of property, and affect adversely the economy of the nation as a whole. 1) Duty of management and labor 2) Duty of the State Methods for resolving labor disputes 1) Principal methods a) Collective bargaining b) Arbitration i. Voluntary ii. Compulsory 2) Supplementary methods. These two (2) methods are supplemented by the techniques of conciliation and mediation by a disinterested party, usually an agency of the government concerned with labor disputes. a) By the first, the third party, after hearing each side, assists the parties in reaching an agreement. b) By the second, the third party, after failure of negotiation and studying the respective positions of both sides, makes proposals or suggestions designed to settle the dispute. Reciprocal rights of labor and enterprises 1) Rights of workers and employers under a wage system a) Wages for services and profiles for risk-taking b) Right to higher wage scale c) Right to reasonable return on capital d) Profit-sharing scheme 2) Reconciliation of their conflicting rights Dex Marco Tiu Guibelondo, BS Pharmacy, RPh, BS Computer Engineering – IV 3