ARTICLE II

DECLARATION OF PRINCIPLES AND STATE POLICIES

I. Principles and State Policies

A. Description
This portion of the Constitution (Article II) might be called the basic political creed of the
nation.
B. Function of the “Declaration of Principles and State Policies” in the
Constitution
It is the statement of the basic ideological principles and policies that underlie the
Constitution. As such, the provisions shed light on the meaning of the other provisions of
the Constitution and they are a guide for all departments of the government in the
implementation of the Constitution
C. What are Principles? What are Policies?
Principles are binding rules which must be observed in the conduct of the government.
Policies are guidelines for the orientation of the state.
Note: The distinction between principles and polices is of little significance
because not all of the six “principles” are self-executory and some of the “policies”
already anchor justiciable rights.
o Section 5 (maintenance of peace and order… promotion of general werlfare…) is a
mere guideline. (Section 16 (right of the people to a balanced and healthful ecology is
rightconferring provisions.

Section 1. The Philippines is a democratic and republican State.

Sovereignty resides in the people and all government authority
emanates from them.
II. State as a Legal Concept
Definition of a State
A state refers to a community of persons, more or less numerous, permanently
occupying a definite portion of territory, independent of external control, and possessing
an organized government to which the great body of inhabitants render habitual
obedience.
Elements of a State
1. People
2. Territory
3. Sovereignty
4. Government
1. People
A community of persons sufficient in number and capable of maintaining the
continued existence of the community and held together by a common bond of law.

Different Meanings of “People” as used in the Constitution:

1. Inhabitants
2. Electors

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 3. Citizens
4. Sovereign. The people organized collectively as a legal association is the state which
sovereignty resides.

2. Territory
Territory is the fixed portion of the surface of the earth inhabited by the people of the
state. Territory as an element of a state means an area over which a state has effective control.

3. Sovereignty
The supreme and uncontrollable power inherent in a State by which that State is
governed. In auto-limitation terms: It is the property of a Stateforce due to which it has the
exclusive capacity of legal determination and restriction.

b. Kinds:
1. Legal
2. Political
3. Internal
4. External

Legal Sovereignty.
Legal sovereignty is the authority which has the power to issue final commands. In
our country, the Congress is the legal sovereign.
Legal sovereignty is the supreme power to affect legal interests either by legislative,
executive or judicial action. This is lodged in the people but is normally exercised by state
agencies. (Political writers distinguish between legal sovereignty and political sovereignty. The
former is described as the supreme power to make laws and the latter as the sum total of all
influences in a state, legal or non-legal, which determine the course of law.
Political Sovereignty
Sum total of all the influences of a State, legal and non-legal which determine the
course of law.
Internal Sovereignty
It refers to the power of the State to control its domestic affairs. It is the supreme
power over everything within its territory.
External Sovereignty
Also known as Independence, which is freedom from external control. It is the power
of State to direct its relations with other States.

c. Characteristics of Sovereignty - It is permanent, exclusive, comprehensive, absolute,

indivisible, inalienable, and imprescriptible.

Jurisdiction:
Jurisdiction is the manifestation of sovereignty. The jurisdiction of the state is
understood as both its authority and the sphere of the exercise of that authority.

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Kinds of Jurisdiction:
1. Territorial jurisdiction- authority of the state to have all persons and things within its
territorial limits to be completely subject to its control and protection.
2. Personal jurisdiction- authority of the state over its nationals, their persons, property, and
acts whether within or outside its territory
3. Extra-territorial jurisdiction- authority of the State over persons, things, or acts, outside its
territorial limits by reason of their effect to its territory.

Answer the following question briefly and neatly on a piece of yellow paper. Take a photo of
your answer sheet and submit it in our Group Chat on or 12 MIDNIGHT. Late papers will
not be accepted. (YOU MAY BASE YOUR ANSWERS USING OTHER
INFORMATIONS PROVIDED IN THE INTERNET BUT AVOID PLAGIARISM)

1. IS THERE AN ABSOUTE SOVEREIGNTY? EXPLAIN.

2. WHAT IS BELLIGERENT OCCUPATION? IS THERE A CHANGE OF
SOVEREIGNTY DURING BELLIGERENT OCCUPATION?
3. DIFFERENTIATE IMPERIUM FROM DOMINIUM.
4. WHY STATE IS CONSIDERED AS A CORPORATE ENTITY? EXPLAIN.

NOTE: NO ONLINE CLASS NEXT MEETING. TIME TO

TAKE A REST. STAY HEALTHY KIDS. <3

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