Article 2 Declaration of Principles and State Policies

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 _______ ________. 

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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.

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Civilian authority military.

is

supreme

over

the

› Vox populi est suprema les › Armed forces must protect the sovereignty of

the state and the integrity of the national territory

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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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