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Philippine State's Policies and Principles

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Celso Endiza

on 13 February 2014

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Transcript of Philippine State's Policies and Principles

Philippine State's Policies and Principles
Defensive War
> Article 51 of the UN Charter provides:
> Although the Constitution and customary international laws categorically outlaw war, there are instances where they permit war.
Policy on Renunciation of War
> Section 2, Article II of the Constitution
> The Covenant of the defunct League of Nations as a general rule prohibited war.
Democracy and Republicanism
> Section 1, Article II of the Constitution
Flagrant Disregard of Policies
> Although the provisions on State policies and principles do not confer rights...
Implementing Constitutional Provisions
Right-conferring provisions
Article II of the 1987 Constitution
> it is the embodiment of the state's policies and principles.
Non-Self Executing
> Statements of principles and policies are basically not self executing provisions.
> The policies and principles neither confer rights nor impose obligations.
> If the executive and the legislature failed to heed the directives of the articles the available remedy is not judicial but political.
> Non-self executory provisions on State policies and principles usually require a law passed by Congress to implement it.
...it may enable courts to determine the validity of the statutes of the legislative department or of acts of the executive department based upon policies repugnant to it.
"A statute or an executive order announcing the establishment of a monarchy in the Philippines violates the first principle declared in Article II of the Constitution."

- Vicente Cinco
" The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them."
"The Philippines renounces war as an instrument of national policy."
Old Rule:
Up to the early part of the 20th Century , war was recognized as a legitimate mode of settling international disputes.
New Rule:
Several treaties/International agreements outlawed war such as Covenant of the League of Nations, the Briand-Kellog Pact of 1928, and the Charter of the United Nations.
> Under the Briand-Kellog Pact or the Pact of Paris, 60 signatory states undertook to renounce war as an instrument of national policy
> Article II (4) of the Charter of the United Nations
> Article II (6) of the UN Charter
"All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or any other manner inconsistent with the purpose of United Nations."
"The Organization shall ensure that states which are not members of the United Nations act an accordance with these Principles so far as may be necessary for the maintenance of international peace and security."
"Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security."
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