Summary of Philippine Constitution : Article 2

ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES

Republican Government- democratic government by representation chosen by the people at large.

Philippines Government- is a republican democracy, which features the characteristics of a democracy such as initiative and referendum. It adapts international law.

Manifestation of a Democratic and Republican State
1.       The Existence of a Bill of Rights
2.       The observance of the Rule of the 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 a state cannot be sued without its consent.

Sovereignty of the people
1.       Exercised indirectly through public officials- people choose who will represent them.
2.       Exercised directly through suffrage- by voting/choosing who will sit in a certain position in the government (election).

Adoption of the International Law as part of the Philippine Law
1.       When international usage to be applied- when absence of a treaty between two country, International Law must be used to judge the certain case.
2.       A treaty has the force of a statute
3.       Constitution prevails over a treaty- when a certain treaty violates the constitution, it is considered to be null and void.

Existence of war- may be declared only by the congress. At least two-thirds vote of the representatives is needed in both houses. Philippine Government may only declare a “defensive war.”

Military and Civil Service by the People
1.       Defense of the State performed through an army- people are required to defend the state against any possible invasion.
2.       Compulsory
3.       Civil Service
4.       Personal- must be done personally
5.       By law

Principle of Separation of Church and state- states that the religion and state must be separated. Meaning the government cannot give any budget to build or to support a religion.

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