ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

Selected principles
Sec 1. The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them.
Elements of a State (for municipal law purposes)
CODE: PTSG
1.
A community of persons, more or less numerous (PEOPLE)
2.
Permanently occupying a definite portion of territory (TERRITORY)
3.
Independent of external control (SOVEREIGNTY)
4.
Possessing an organized government to which the great body of inhabitants render habitual
obedience (GOVERNMENT)

Definition of People
1.
2.
3.
4.

CODE: CNCH

A Community of persons;
Sufficient in Number;
Capable of maintaining the continued existence of the community; and
Held together by a common bond of law.

Definition of Sovereignty
1.

LEGAL sovereignty

1.
2.

The supreme power to make law.

It is lodged in the people.

1.

POLITICAL sovereignty

1.
2.
3.
1.

The sum total of all the influences in a state,

Legal and non-legal,
Which determine the course of law.
According to the Principle of AUTO-LIMITATION:

Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal
self-determination and self-restriction.

Definition of Government
1.
2.
3.
4.
5.

That institution or aggregate of institutions

by which an independent society
makes and carries out those rules of action
which are necessary to enable men to live in a social state
or which are imposed upon the people forming that society by those who possess the power or
authority of prescribing them.

Classification of governments
1. De jure
2. De facto

one established by the authority of the legitimate sovereign

one established in defiance of the legitimate sovereign

Classification of de facto governments

1.
De facto proper
1.
That government that gets possession and control of
2.
or usurps by force or by the voice of majority
3.
the rightful legal government
4.
and maintains itself against the will of the latter.
1.
Government of paramount force
1.
That which is established and maintained by military forces
2.
who invade and occupy a territory of the enemy
3.
in the course of war.
1.
That established as an independent government by the inhabitants of a country who rise
ininsurrection against the parent state.

Definition of Republican State

It is one wherein all government authority emanates from the people and is exercised by
representatives chosen by the people.

Definition of Democratic State

This merely emphasizes that the Philippines has some aspects of direct democracy such as
initiative and referendum.
Sec. 2. 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.

Kind of war renounced by the Philippines

The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does not
renounce defensive war.
Some generally accepted principles of international law recognized by the Court:
1.
Right of an alien to be released on bail while awaiting deportation when his failure to leave the
country is due to the fact that no country will accept him (Mejoff v. Director of Prisons, 90 Phil.
70)
2.
The right of a country to establish military commissions to try war criminals (Kuroda v.
Jalondoni, 83 Phil. 171)
3.
The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)

Amity with all nations

This does not mean automatic diplomatic recognition of all nations. Diplomatic recognition
remains a matter of executive discretion.

Sec 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty
of the State and the integrity of the national territory.
Civilian authority/supremacy clause (1st sentence)
1.
Civilian authority simply means the supremacy of the law because authority, under our
constitutional system, can only come from law.
2.
Under this clause, the soldier renounces political ambition.

Mark of sovereignty (2nd and 3rd sentences)

1.
Positively, this clause singles out the military as the guardian of the people and of the integrity
of the national territory and therefore ultimately of the majesty of the law.
2.
Negatively, it is an expression of disapproval of military abuses.

Sec 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided by law, to render personal, military, or
civil service.
Sec. 5. The maintenance of peace and order, the protection of life, liberty and property, and
the promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.
Sec. 6. The separation of Church and State shall be inviolable.
Selected state policies

Sec. 7. 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.
Sec. 8. The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.
Policy of freedom from nuclear weapons

1.

1.

The policy PROHIBITS:

1.
The possession, control and manufacture of nuclear weapons
2.
Nuclear arms tests.
The policy does NOT prohibit the peaceful uses of nuclear energy.

Sec. 12. The State recognizes the sanctity of family life and 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. etc.

Principle that the family is not a creature of the state.

Protection for the unborn

1.
2.

It is not an assertion that the unborn is a legal person.

It is not an assertion that the life of the unborn is placed exactly on the level of the life of the
mother. Hence, when it is necessary to save the life of the mother, the life of the unborn may
be sacrificed.
3.
Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6 th month of
pregnancy cannot be adopted in the Philippines because the life of the unborn is protected from
the time of conception.

Sec. 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.
1.
While the right to a balanced and healthful ecology is found under the declaration of Principle
and State Policies and not under the Bill of Rights, it does not follow that it is less important
than any of the civil and political rights enumerated in the latter. (Oposa v. Factoran)
2.
The right to a balanced and healthful ecology carries with it the correlative duty to refrain
from impairing the environment. (Oposa v. Factoran)
Sec. 26. The State shall guarantee equal access to opportunities for public service, and
prohibit political dynasties as may be defined by law.
Sec. 27. The State shall maintain honesty and integrity in the public service and take positive
and effective measures against graft and corruption.
Sec. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements
a policy of full public disclosure of all its transactions involving public interest.
Reference:
Political Law (Constitutional Law) Reviewer & Memory Aid
Ateneo Central Bar Operations 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald

Republic
GOVERNMENT
WRITTEN BY:
Andr Munro
LAST UPDATED:
6-27-2016
RELATED TOPICS
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federalism
Roman Republic
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Republic, form of government in which a state is ruled by representatives of

the citizen body. Modern republics are founded on the idea
that sovereignty rests with the people, though who is included and excluded
from the category of the people has varied across history. Because citizens do
not govern the state themselves but through representatives, republics may
be distinguished from direct democracy, though modern representative
democracies are by and large republics. The term republic may also be
applied to any form of government in which thehead of state is not a
hereditary monarch.
Prior to the 17th century, the term was used to designate any state, with the
exception of tyrannical regimes. Derived from the Latin expression res
publica (the public thing), the category of republic could encompass not only
democratic states but also oligarchies, aristocracies, and monarchies. InSix
Books of the Commonwealth (1576), his canonical study of sovereignty, the
French political philosopher Jean Bodin thus offers a far-reaching definition of
the republic: the rightly ordered government of a number of families, and of
those things which are their common concern, by a sovereign power.
Tyrannies were, however, excluded from this definition, since their object is
not the common good but the private benefit of one individual.

Jean Bodin, 16th-century engraving.

Courtesy of the Bibliothque Nationale, Paris

During the 17th and 18th centuries, the meaning of republic shifted with the
growing resistance to absolutist regimes and their upheaval in a series of
revolutions, from the Eighty Years War (15681648) to the American
Revolution (177583) and the French Revolution (178789). Shaped by those
events, the term republic came to designate a form of government in which
the leader is periodically appointed under a constitution, in contrast to
hereditary monarchies.
Despite its democratic implications, the term was claimed in the 20th century
by states whose leadership enjoyed more power than most traditional
monarchs, including military dictatorships such as the Republic
ofChile under Augusto Pinochet and totalitarian regimes such as
theDemocratic Peoples Republic of Korea.

Lesson 3: What Is a Republican Government?

We the People: The Citizen & the Constitution
Upper Elementary

Student Book
Purpose of Lesson

This lesson will help you understand why the Founders thought a republican form of government was b

The Founders Studied History

The Founders studied the history of governments. They were very interested in what they read about t

The Founders liked what they read about the Roman Republic. They learned some important ideas fro

What is a Republican Government?

The government of Rome was called a republican government. The Founders read that republican gov
Th
e power of government is held by the people.
Th
e people give power to leaders they elect to represent them and serve their interests.
Th
e representatives are responsible for helping all the people in the country, not just a few people.

Vocabulary Terms
Re

presentatives: people elected to act for others

int
erests: those things which are to a person's benefit

What are the Advantages of Republican Governmen

The Founders thought a republican government was the best kind of government they could choose fo

Fa

irness. They believed that laws made by the representatives they elected would be fair. If their represe
Co
mmon welfare. The laws would help everyone instead of one person or a few favored people.
Fr
eedom and prosperity. People would have greater freedom and be able to live well.

What is the Common Welfare?

When a government tries to help everyone in a country, we say it is serving the common welfare. The

REPUBLICAN SYSTEM OF GOVERNMENT

Definition
The republican system of government is that system in which the sovereignty of the state resides
in the people who exercise their franchise to elect officials to represent them and act on their
behalf. Examples of countries that practice the Republican system of government include United
States, France and Ghana.
ADVANTAGES OF A REPUBLICAN GOVERNMENT
It is Constitutional
This means that everything that is done within the state, is done according to the
tenets of the constitution. No official of state can violate the rights of the citizen of the
state, for example.
Representative
In a Republican system, office holders are elected directly by the people themselves.
They therefore represent their constituencies and are expected to take decisions that
inure to the benefit of the people they represent.
Democratic
In a republican system, people do not just come into the possession of political
authority. Political authority is conferred on them through election. Any form of
government in which the rulers have to be elected into office in a general election is
deemed to be democratic.
Power in the hands of the people
In a republic, ultimate power resides with the people. However, the people, from time
to time, relinquish that power to a group of people they call leaders, to exercise on
their behalf for a specific number of years. At the end of that period, the people decide
whether such a group of people should be given the power again or another group of
leaders should take over.
Leader is not imposed
The Head of State in a republic is not imposed upon the people. The electorates do not
wake up one day and realize that a new person is their leader without their say so. The
people are responsible for putting a leader there or effecting a change of leadership all
by themselves in a general election.
Law and order
Representatives are directly elected to represent the constituents in Parliament. These
representatives make laws to govern the land. There are also elected officials who form
the executive arm of the government. Such officials enforce the laws that are passed by
the Parliamentarians. So there is law and order.

Protection of citizens
With law and order operating in the republican system, the rights and liberties of the
citizens are protected. In fact, the laws are specifically designed to achieve the
protection of individuals living within the borders of the state.

DISADVANTAGES OF A REPUBLICAN SYSTEM OF GOVERNMENT

Expensive to operate
In a republican system, all the people cannot directly rule the country as in the early days of a
democracy. Some people must of necessity be elected to rule on behalf of the others. Elections
are then means by which can be expensive ventures that require a lot of resources. This is
especially so in poorer countries of the world where republicanism operates.
Time consuming
Laws made in Parliament, must pass through certain laid down processes without which it could
not become law. The executive cannot formulate and start to implement policies that are inimical
to the welfare of the people. Conforming to the dictates of the constitution can therefore be time
consuming.
It can be contentious
In a republic, there are many political parties contending for the control of the higher echelons of
political power. This can sometimes degenerate into serious contentions where they jostle each
other to gain political advantage.
Parochial Interest
Though some politicians contest elections pretending they were representing their constituencies,
in the real sense, they are only represent their own personalinterest and neglect the interests of
the people who elected them into office.
Tendency to be deceitful
In Africa where the level of education is generally low, the politicians may deceive the mass of
the people with sugar coated words just to win power. The people are not able to analyze the real
situation on the ground and come to their own personal conclusions.
Politicians are manipulated
The arms of some politicians can be twisted by some powerful people behind the scene. Having
been so manipulated, the politicians no longer serve the interests of the people that elected them
but rather the interest of those powerful interest groups.
SAMPLE QUESTIONS
1. a. What a republican system of government? [2 marks]
b. Explain five advantages of a republican system of government. [10 marks]
2. a What is a republican system of government? [2 marks]
b. Explain five disadvantages of a republican system of government. [10 marks]
3. Highlight six advantages of a republican system of government. [12 marks]
4. Highlight six disadvantages of a republican system of government. [12 marks]

5. Highlight three advantages and three disadvantages of a republican system of government. [12
marks]

Our Republican Government

We were never told that
We have 2 powerful votes in it.
Our republican form of government in the Philippines has been in existence long time ago
but we, the Filipino People, never knew that we have two (2) hidden unalienable voting
rights in it. Our constitution states in Article II, Section 1, that: "The Philippines is a
democratic and republicanState. Sovereignty resides in the people and all
government authority emanates from them."
Without doubt, we have been operating our government as a democracy as shown in our
tradition of coming to our polling [or "fooling"(?)] electoral places each election time to cast
our sovereign ballot with our single precious vote. Little did we know that we are only
surrendering our sovereignty to politicians without knowing that many of them are
predators or grafters.
In spite of the fact that we have been trying to keep our democracy as a protector of our
freedom and liberties, we are now finding that our so-called democracy is no better than the
dictatorship in other countries. Why?
WHAT IS WRONG WITH PHILIPPINE DEMOCRACY?
The problem with our democracy is that we have not been told, or we have not learned, that
our unalienable rights are best protected in our Republican form of government. I am not
talking about the "Republican Party" in the U.S. or the "Republican National Guard" of the
late Sadam Hussein. What I am referring to is what we have written in our Constitution
which says: "The Philippines is a democratic and republican state".
Be sure to read it in the bottom part of this message and you will know why "republicanism"
is very important for all Filipinos, specially this time when the poor are already treated like
2nd class citizens by the rich and the mighty of Philippine society.
We have a near-perfect constitution in order for us to have a perfect democracy. The trouble
is that majority of our people have no natural incentive to learn to earn more and to
plan for their future. May be I also belong to that category because I prefer to use more of
my time in promoting the jury system than devoting my time in my law practice. I don't
care if I retire or die poor as long as I am able to help install the jury system. We are the
kind of people that needs guidance, for lack of self-incentive, both with educational
guidance and judicial guidance.
Educational guidance is acquired in school from kindergarten through college education.
The great majority of us can reach only up to high school and not many of us finish our
course perhaps up to 70% only and that rate is now going down at a faster phase.
In the sphere of judicial guidance, it is almost flat zero as far as the entire population of
the Philippines is concerned. Even those who step in colleges and universities, as much as

90% of them do not have the chance to know how our judicial system works and how it can
affect their lives and so, they belong to the people that lacks judicial guidance also. Only
those who take law courses in colleges and universities acquire judicial guidance and they
have to pay for it.
Unfortunately, the people described above, and they comprise the greatest majority of
Filipinos, are the most vulnerable prey to Filipino political predators most of whom are
officials and employees in the government. Without judicial guidance, of course, most
Filipinos will never know how to protect their interest in almost every aspect of their social
life against those who take advantage of their lack of knowledge of our judicial system.
Most of the Filipino people are always dependent upon lawyers for advice and the problem is
that some lawyers are just as predatory as those predators in the public service.
What we need in our democracy is to adopt a policy that can provide judicial guidance at
no cost to our common people "for all those who have less in life and to have more in
law" .. according to our beloved late President Ramon Magsaysay. This can be achieved
only when we adopt the Jury Systems Law. It is through Jury Instruction that the
people obtain their judicial guidance besides cleaning the government from graft infestation.
Yes, we have democracy, but very few can participate in it wisely in an active capacity. We a
need judicial device by which we are enabled and guided to have a deciding voice in justice
and participate meaningfully in our government, besides telling us to vote with enticements
by politicians to fool us to sell to them our votes to elect predatory candidates who have
mastered the art of fooling the Filipino people all the time.
So, do you wonder what it means that our government is also a republican in form besides
being a democracy? Unfortunately, we have not used it in operating the government. We
thought that being democratic in form it is just the same as republican.
We have not realized that in setting up our government as republican in form, we have two
(2) more precious votes to spare. The right to vote through a grand juryand, the other, the
right to vote in a trial jury.
Yes, by operating the country as a democracy, we the people are given the right to one (1)
and only vote. A vote that surrenders our sovereignty to predatory politicians, and we call
that as a right(?). It is more of a right of corrupt candidates that we vote for them so that
they can use it to empower them to fool you and me.
We can have a strong democracy to protect us if we also operate it properly at the same
time with our republican form of government.
The only time we can have a working democracy is when the great majority of the Filipino is
enabled to work for it and in it. The way to do it is to exercise our two votes as described
above to implement our republican form of government and TO VOTE OUT those predatory
politicians. How did we know that we have this two additional votes to spare? Read it in the
link below:
Citizen's Jury Hand Book

ALL THESE YEARS, since we became a republic, no politician or a judge has ever told us that
we have those 2 additional votes to spare. These votes are even more powerful than the
vote that we cast during election time. So powerful in fact that we can even send all those
predatory corrupt politicians to jail.
Let us, therefore, speed up the enactment of our Jury Systems Law so that we can operate
our government as a true "Republic of the Philippines" and gain to exercise our 3 votes. On
vote to elect, one vote to indict and one vote to convictpredatory and corrupt public
officials.
In the U.S., even its judges, unfortunately, are trying to prevent the common American
people to exercise it because of greed of power. It is indeed a struggle to keep a good
democratic government either in America or even more in the Philippines. We, Filipinos
therefore, have no choice but work hard to gain all our 3 precious votes via our republican
form of government by setting up our grand jury and trial jury systems in addition to
our electoral vote.

Advantages and Disadvantages of a Republican Government

Leave a reply

Everyone hears the words republican and democrat

when it comes time for elections. But, very few people understand what republican means and
the implications a republican government can have on society. Many countries are republics.
For example, the United States of America is a republic country. No one can likely say a republic
government is the best for any country. It does come with its advantages and disadvantages.
This essay is about some of these advantages and disadvantages.
What is a republican government? The word republic, originates from the Latin word res
publica. This is a government where the people of country do things for their benefit and not
for the benefit of a ruler or king. In this type of government, the authority is derived from the
people. For example, in the US, governmental power it given over by the citizens of the country
as per the US Constitution. As with a democracy, the people choose a representative and this
representative is entrusted to run the country for a specific period.
The advantages of a republican government are as follows. The selected representative works
for the good for the country and its people. This representative speaks and acts on behalf of
the people. While representing the people, the elected official does not make any laws that can
benefit only the representative. These laws should benefit the people as a whole. The people of
the country are unable to implement laws as they do not have time nor the inclination to know
all there is to know about the country. However, the elected official is able to do this as it is

his/her job. The elected official is able to formulate laws faster as this is what the people
entrusted the official to do. By electing an official to represent the people, the people are able
to voice their opinions in government. The people decide what the officials should do by
communicating their ideas with the officials. As the representatives are elected by the people, if
at the end of the term, the people are not satisfied with the representative they can vote a new
representative and take the other one out.
Along with the advantages, there are also disadvantages to a republican government. For
example, most often, republican governments work in small countries where there are fewer
numbers of people. It is easier to run a country when every person knows the other. A small
country with few people, make it easier to work for the common good of the people.
Sometimes, a republican government may not work if the country is too big. In addition, in a
republican government, there can be no great difference between wealth, beliefs, and the way
of life. These factors need to be the same with very little difference. If there is too much
difference to wealth, beliefs and way of life, there can be discord between the people and no
one will be able to see eye to eye. When this happens people will work against each other,
rather than working for the common good of the country.
Many countries, including the USA are republican governments. Although some countries have
failed while being republican, others have flourished. The reasons for this are how the
governments are run and how educated its people are. however, even with all this, the
advantages and disadvantages do make a significant impact.

Disadvantages and Advantages of

Representative Democracy

Advantages and Disadvantages

A representative democracy is a form of government that allows people to elect officials,

who make decisions on their behalf. In this way, the citizens have second hand control
of the government, which is ideal for most countries. The main goal of representative
democracy is to protect the rights and interests of the citizens in the country, this is
accomplished by giving them a strong voice within the government. While this form of
government is widely viewed as the best for the people, it has its severe downfalls as
well.

Advantages of Representative Democracy

1. Citizen Representation
With this form of government, the people have the say in who is elected into any form of

government office. These elected officials then make decisions based on what the
people want, and in the best interest of majority of people. They represent the citizens in
ways that they could not do for themselves.
2. A Place To Turn To
By having elected officials in all areas of the country, if someone has an issue that they
think should be addressed or something that they feel should change, they can easily
access their local official. These officials can then help them with their problems and
guide them through the steps they need to take to get it to the next level of government.
3. High Participation
Knowing that they have a voice in the government urges people to be more educated
and up to date on issues that are happening in the country as well as the world. Each
year we see an increase in the amount of people showing up to vote for their officials.

Disadvantages of Representative Democracy

1. Misplaced Trust
Once the election process is over, the peoples voice in government is virtually done.
They have to put their faith and trust in the person that they elect to communicate and
do things that theyve promised to do. This is rarely the case. Many times these elected
officials have ulterior agendas that are not in the best interest of the citizens.
2. The Majority Rules
The election process of representative government focuses solely on the majority. The
minority groups, no matter how significant their issues may be, are rarely represented
simply because they do not have the majority of the votes to get an official into office.
This causes a feeling of separation with these groups as well as feeling like their issues
are not as important.
3. No Accountability
Once elected, officials can do whatever they please, and this often includes breaking
campaign promises that they made to be elected in the first place. When things go

wrong, or not in favor of the people, there are no repercussion for these officials. The
only possible consequence that could come is that they would not be reelected.
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Important Facts About Representative Democracy

The United States of America is the most infamous representative democracy in the world.
Other countries do practice this form of government, including: Great Britain, India, Canada,
and the United Kingdom.
There has to be an element of competition in order for a representative democracy to work
well.
The very first democracy in the world was in Ancient Greece in the city state of Athens.
Most representative democracies are also considered federal republics. This means that a
large central government works in conjunction with smaller local governments.