Section 1. The Philippines Is Ademocratic and Republican State. Sovereignty Resides in The People and All Government Authority Emnates From Them

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ARTICLE II The Philippine is a State – the states are the

repositories of legitimated authority over peoples and


DECLARATION OF PRINCIPLES AND STATE POLICIES territories. It is only in terms of state powers,
PRINCIPLES prerogatives, jurisdictional limits and law-making
capabilities that the territorial limits and jurisdiction,
SECTION 1. THE PHILIPPINES IS ADEMOCRATIC AND responsibility for official actions, and a host of other
REPUBLICAN STATE. SOVEREIGNTY RESIDES IN THE questions of co-existence between nations can be
PEOPLE AND ALL GOVERNMENT AUTHORITY EMNATES determined. It is by the virtue of their law-making
FROM THEM. power and monopoly that states enter into bilateral and
multilateral compacts capabilities, that wars can be
The portion of the Constitution might be called
started or terminated, that individuals can be punished
the basic political creed of the nation. It lays down the
or extradited.
policies that the government is bound to observe.
State
With the exemption of section 4 of 1987
constitution, which refers to the duty of the citizens to a) Sovereignty over its territory and general
serve the state, these provisions prescribe the authority over its nationals
fundamental obligations of the government, particularly b) Status as legal person, with capacity to own,
the legislative and executive departments as its policy acquire and transfer property, to make
determining organs. contracts and enter into international
agreement, to become member of international
It is incumbent on the people to demand
organizations, and to pursue, and be subject to,
fulfillment of these government duties through the
legal remedies
exercise of the right of suffrage.
c) Capacity to join with other states to make
But indirectly some of these principles may aid international law, as customary law or by
the courts in determining the validity of statutes or international agreement.
executive acts in judiciable cases.
State – it is a community of persons or less numerous,
Principles – are binding rules which must be permanently occupying a definite portion of territory,
observed in the conduct of government. independent of external control, and possessing an
organized government to which the great body of
Policies – are guidelines for the orientation of inhabitants render habitual obedience.
the state.
State from nation, state is legal concept, nation
Principles in article II area not intended to be is a racial or ethnic concept.
self-executing principles ready for enforcement through
the courts. They are used by the judiciary as aids or as People – means community of persons sufficient in
guides in the exercise of its power of judicial review, number and capable of maintaining the continued
and by the legislature in its enactment of laws. They do existence of community and held together by a
not embody judicially enforceable constitutional rights common bond of law.
but guidelines for legislation.
Territory – extent of jurisdiction both territorial and
Whether or not a provision in it is self-executing personal.
depend on the way it is formulated.
It is the capacity of state to have legal self-
*The right to environment asserted in section determination and self-restriction.
16 was deemed by the court to be an enforceable right
Jurisdiction of the nation within its own
without the need for further legislation.
territory is necessarily exclusive and absolute.
For undoubtedly every person who is found within the
limits of a government, whether for temporary
purposes or as a resident, is bound by its law.

Government – the institution or aggregate of


institutions by which are imposed upon the people
forming that society by those who possess the power of
authority of prescribing them.”

The system is founded on the belief that, by establishing


equilibrium among the three branches of the
government harmony will result, power will not be
concentrated, and thus tyranny will be avoided.

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