B. The State

Mandatory rendition of military services to defend the State

One cannot avoid compulsory military service by invoking one’s religious convictions or by saying that he has a sick father and several brothers and sisters to support. Accordingly, the duty of government to defend the State cannot be performed except through an army. To leave the organization of an army to the will of the citizens would be to make this duty to the Government excusable should there be no sufficient men who volunteer to enlist therein. The right of the Government to require compulsory military service is a consequence of its duty to defend the State and is reciprocal with its duty to defend the life, liberty, and property of the citizen. (People v. De Sosa, G.R. No. L-45892-93, 13 July 1938)

Independent Foreign Policy

The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. (1987 Constitution)

Social Justice

The State shall promote social justice in all phases of national development. (Sec. 10, Art. II, 1987 Constitution)

Social justice is the humanization of the laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. (Calalang v. Williams, G.R. No. 47800, 02 Dec. 1940)

Sanctity of Family and Vital Role of Youth in Nation-Building

Three responsibilities of the State in connection with the constitutional guarantee recognizing the sanctity of family life:

• It shall protect and strengthen the family as a basic autonomous social institution.
• It shall equally protect the life of the mother and the life of the unborn from conception.
• The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the aid and support of the government.

What is effective government?

General Rule: There must be a central government operating as a political body within the law of the land in effective control of the territory. [AUST].

Exception: The requirement of effective government is not strictly applied when the State, already long- existing, happens to undergo a period of civil strife or internal chaos due to natural disaster or invasion.

What is recognition?

Recognition is an act by which a state acknowledges the existence of another state, government or belligerent community and indicates willingness to deal with the entity as such under international law.

Recognition is not a legal duty. As a public act of state, recognition is an optional and political act and there is no legal duty in this regard. (Note that this is under the Declaratory School)