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Philippine Constitution - Article II - Declaration of Principles and State Policies

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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
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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
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