Article 2 Declaration of Principles and State Policies
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Our Constitution poses a clear ban on nuclear weapons while international law does not clearly state so. (t or f) What is the state’s right to call on ablebodied men to defend national security? The CMT program is constitutional. Men of the state must be prepared for battle. (t or f) Our Constitution adopts the principle of incorporation of international treaties. (t orf)
The unborn’s entitlement to protection begins upon birth. (t or f) The equality of women and men before the law is a new provision. (t or f) Local autonomy is a concept which stretches the _________ power of the President over local governments, to prevent an imperium in imperio. A public office is a public ______. The state’s inherent right to protect minors is called _______ ________.
The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them.
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The Philippines renounces aggressive wars and adopts generally accepted principles of international law and adhers to the policy of peace, equality, justice, freedom , cooperation and amity with all nations. (See Tanada vs. Angara)
› Principle of incorporation vs. autolimitations › Agustin vs. Edu Law on alarms and signals consistent with 1968 Vienna Convention. We must uphold treaty obligations under the principle of pacta sunt servanda.
Civilian authority military.
› Vox populi est suprema les › Armed forces must protect the sovereignty of
the state and the integrity of the national territory
The prime duty of government is to serve and protect the people.
› Posse Comitatus › National Defense Law (See People vs. Lagman,
66 Phil 13) › See Marcos vs. Manglapus, G.R. No. 85211, Sept. 15, 1989- prohibition on return of Marcos on national security reasons
The people should enjoy the blessings of democracy. The separation of the church and state shall be inviolable.
› Discussed under Section 5 of the Bill of Rights › Closely
related to the exercise of the freedom of religion › Usually regarded as a “paper-provision” because of the powerful influence of the Church in governmental affairs › Usually refers to secularization of government › See US cases on flag burning
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