Monday, November 23, 2009

The Inviolability of the Separation of Church and State (Sec. 6, Art. II)

This simply means that the Church is not to interfere in purely political matters or temporal aspect of man’s life, and the State will not interfere in matters purely of religion and morals.

* The term “Church” covers all faiths.
* The State shall have no official religion
* The State cannot set up a church, whether or not supported with public funds, nor aid any religion.

Maintenance of Peace and Order, etc. (Sec. 5, Art. II)

Only when peace and order, security, and 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.

Defense of the State by the People Against Foreign Aggression (Sec. 4, Art. II)

For self-preservation and to defend its territorial honor and integrity, the Philippines can engage in a defensive war and as such it may call upon the people to defend the state and may require all citizens to render personal military or civil service.

To Serve and Protect the People as the Prime Duty of the Government (Sec. 4, Art. II)

The prime duty of the state to serve and protect the people is consistent with the basic democratic principle that “government exists for the people and not the people for the government”.

Supremacy of Civilian Authority Over Military Authority (Sec. 3, Art. II)

This is inherent in a republican state like the Philippines and it was impliedly provided in our past constitutions. Because of our experience in martial law rule, however, the framers of our 1987 Constitution deemed it proper to make a clear expression of this policy.

Adherence to the Policy of Peace, Equality, Justice, Freedom, Cooperation and Amity with All Nations (Sec. 2, Art. II)

This shows that the Philippines seeks only peace and friendship with all the countries of the world, regardless of race, creed, ideology and political system, in line with the Charter of the United Nations. The Philippines, however, is not duty bound to extend diplomatic recognition to all nations.

Adoption of international Law as Part of the Law of the Land (Sec. 2, Art. II)

International Law is the body of rules and principles which governs the relations of nations and their respective people in their intercourse with one another.

The Philippines obliged itself to enforce or observe within its territory, the generally accepted principles of international law, whether customary or by treaty provision, as part of the law of the land.

However, should a conflict arise between the customary or treaty provision of the international law and our Constitution, the latter prevails.