Section 2: Renunciation of War and the Doctrine of Incorporation

What is the significance of the Philippine government's renunciation of war as an instrument of

national policy?

- The power to wage a defensive war is of the very essence of sovereignty. The Constitution
makes defense of the state a duty of government and of the people and gives to Congress the
power to declare a state of war

How does this principle align with international law and treaties?

What is the doctrine of incorporation?

- Our Courts have applied the rules of international law in a number of cases even if such
rules had not previously been subject of statutory enactments, because these generally
accepted principles of international law are automatically part of our own laws.

Every State is, by reason of its membership in the family of nations, bound by the generally
accepted principles of international law, which are considered to be automatically part of its
own laws.

It is applied whenever municipal tribunals or local courts are confronted with situations in
which there appears to be a conflict between a rule of international law and the provisions
of the constitution or statute of the local state.

How does public international law become binding on the Philippines?

- International law can be used by Philippine courts to settle domestic disputes in much the
same way that they would use the Civil Code or the Penal Code and other laws passed by
the Congress

- It is binding based on the (positivist theory) belief that order and not chaos is the governing
principle of the world where we live

What are the sources of int’l law?

- Primary/formal source: a) Treaties or Conventions; b) custom; c) general principles of law.

Secondary source: a) Decisions of International Court of Justice; b) writings of highly

qualified publicists

What is the doctrine of transformation?

- International law can become part only if it is transformed into domestic law through the
appropriate constitutional machinery such as an act of Parliament.

Are treaties automatically part of our domestic legal system?

- No. Treaties become part of Philippine law only by ratification.

 Section 3: Civilian Authority over the Military

Explain the principle that civilian authority is supreme over the military.

- The Preamble explicitly said “the Sovereign Filipino People,” which clearly implies that the
Filipino people hold the highest power in the Philippine government. The purpose of a
miliary establishment is to secure the sovereignty of the people and the integrity of the
national territory and to serve the general welfare.

By virtue of Article VII, Section 18 of the Constitution, the President, who is a civilian
officer, is declared to be the Commander-in-Chief of all the armed forces of the Philippines,
since a civilian President is the ceremonial, legal and administrative head of the armed forces.

Therefore, civilian supremacy may not be a guaranteed supremacy of civilian officers who
are in power but of supremacy of the sovereign people.

How is this principle applied or manifested in the structure of the Philippine government?

- The Commander-in-Chief has the power to direct military operations and to determine
military strategy, and is authorized to direct the movement of the naval and military forces
placed by law at his command, employing them in the manner he may deem most effectual.

Section 4: The Prime Duty of the Government

What is the prime duty of the government as stated in this section?

- The prime duty of the government is to serve and protect the people.

Discuss how the government fulfills this duty in practice.

- The government impose the duty to defend the State upon all citizens, through a compulsory
military and civil service, and that the military or civil service that may be required of them
by law must be personal.

Section 5: Maintenance of Peace and Order, Protection of Life, Liberty, and

Property (General Welfare)

What are the implications of this section on the role of the state in maintaining peace and order?

- It implies that a notion that peace and order must be promoted at all cost and even at the
expense of justice and could encourage the use of military solutions to what could normally
be treated as social, economic and political problems
How does this section relate to the concept of social justice?

- The section relate to the concept of social justice through: a) the promotion of the welfare
of all the people; b) the adoption by the Government of measures calculated to insure
economic stability of all the component elements of society; c) the maintenance of a proper
economic and social equilibrium; d) the adoption of measures legally justifiable; or e) the
exercise of powers underlying the existence of all governments on the time honored
principle of salus populi est suprema lex (the health of the people is the supreme law).

Section 6: Separation of Church and State

Explain the principle of separation of church and state in the Philippine context.

- The principle of separation of Church and State is based on mutual respect. The State
cannot meddle in the affairs of the church nor favor one religion and discriminate against
another. On the other hand, the church cannot impose its beliefs and convictions on the
State and the rest of the citizenry nor demand that the nation follow its beliefs, even if it
sincerely believes that they are good for the country.

What are some examples of this principle being applied or challenged in the Philippines?

- In Municipality of Tangkal v. Balindong, the consideration by a Shari’a District Court in

claimed exercise of its jurisdiction of the religion of the mayor of a municipality as the
religion of said municipality has been considered by the Supreme Court as violative of the
inviolability of the separation of the Church and State. The SC reiterated in this case that a
municipality has a personality that is separate and distinct from its mayor, vice-mayor,
sanggunian, and other officers comprising it, and that the corporate veil shall not be pierced
on purely religious considerations.

- Properties devoted exclusively to religious purposes are exempt from taxation.

- Sectarian aid is not prohibited when a priest, preacher, minister or other religious teacher or
dignitary is assigned to the armed forces or to any penal institution, orphanage, or
leprosarium.

- Optional religious instruction in the public schools is allowed.

- Thursday and Friday of Holy Week, Thanksgiving Day, Christmas Day, and Sundays are
made legal holidays because of the secular idea that their observance is conductive to
beneficial moral results.

- Law allows divorce but punishes polygamy and bigamy

- Crimes against religious worship are considered crimes against the fundamental laws of the
state