E. Declaration of Principles and State Policies

Democracy and Republicanism

Sec. 1, Art. II, Phil. Const: The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

A republic government is a government which is run by the people through their chosen representative who, in turn, are accountable to the sovereign will of the people. They derive their mandate from the people who elect them for a period or a term that is fixed by law. They cannot, strictly speaking, go against the specific authority and sovereign will of the people for they are precisely the source of all government authority and are merely the trustees who are expected to act for and in their behalf and for their benefit. The basis for this is emphatically declared in Secs. 1 and 4 of Art. II and Sec. 1, Art. XI of our Constitution.

Characteristics of a republican government:

• The people chooses their representatives and public officials for a period fixed by law.
• Said public officials are entrusted with the duty to serve the people who choose them.
• The purpose of a republican government is to promote the common welfare of the people according to the will of the people.
• This will is determined by the rule of the majority.
• Under a republican system, no person is above the law, which means that it applies to everyone regardless of status in life, creed, political and religious affiliation and color of his skin. This affirms the principle that our government is a government of laws and not of men.
• The principle of separation of powers and the system of checks and balances is observed.
• The legislature cannot pass irrepealable laws.

Renunciation of War

Sec. 2, Art. II, Phil. Const: The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Under Sec. 2, Art. II of the Phil. Const., it declares the following:

• The Philippines renounces war as an instrument of national policy.
• The Philippines adopts the generally accepted principles of international law as part of the law of the land (incorporation doctrine)
• The Philippines adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations.

NOTE: What we renounce is an aggressive war, not a defensive war or our right to defend our land.

Supremacy of Civilian Authority over Military

Two principles expressed under Sec. 3, Art. II of Phil. Const:

• The principle of civilian supremacy This doctrine teaches the supremacy of sovereign Filipino people in line with the principle that “sovereignty resides in the people and all government authority emanates from them,” and this supremacy is “at all times, supreme over military.”
• The principle that the Armed Forces of the Philippines is the protector of the people and the State. The Armed Forces of the Philippines “is the protector of the people and the State.” This means that the Armed Forces of the Philippines remains subject at all times to civilian authority, and Sec. 3 does not authorize it to act independently against the President of the Republic of the Philippines or other civilian officials. In other words, the interest of the people is more supreme than the interest of the said officials. This duty under Sec. 3 is specially addressed to the Armed Forces of the Philippines. The duty under Sec. 4 refers to prime duty of the government to serve and protect the people.

Constitutional provisions which ensure Civilian supremacy

• By the installation of the President, the highest civilian authority, as the commander-in-chief of all the armed forces of the Philippines; and (Sec. 18, Art. VII, 1987 Constitution)
• Through the requirement that members of the AFP swear to uphold and defend the Constitution, which is the fundamental law of a civilian government

NOTE: By civilian supremacy, it is meant that civilian authority is, at all times, supreme over the military. (2009, 2006, 2003 BAR)