Article 5. The Federal Republic of 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.
EXPLANATORY NOTES
This provision is a copy of a corresponding provision in the 1973 draft which is inspired by a similar provision in the 1935 Constitution. The original provision in the 1935 Constitution was inspired by a corresponding provision of the Constitution of the Republic of Spain which was destroyed by the Franco regime.
Article 6. In conformity with the principle of subsidiarity, functions that may be well-performed by an individual or a family shall not be entrusted to the government; in general, functions that may be well-performed by a lower level of government shall not be vested in a higher level. Thus, functions that may be efficiently performed by a barrio shall not be turned over to the municipality; those that may be done satisfactorily by the municipality shall not be vested in the province; those that may be rendered well by the province shall not be given to the State; and finally, functions that may be well-performed by the five States shall not be entrusted to the Federal Government. In interpreting conflicts of jurisdiction, the principle of subsidiarity will carry weight if the wording of the law does not provide for an interpretation.
EXPLANATORY NOTES
The principle of subsidiarity was first enunciated by Pope Pius XI. When the Pope first propounded the idea in his Quadragesimo Anno, it was met with polite derision. At present, countries are beginning to organize their economy in a manner similar to the Pope’s vocational orders or along functional representation. If we really have to have an effective democracy in this country, then we must do two things: we must have social organization, and we must link this with political decision-making. This does not just happen. We have to make this happen.
If our social organization is linked with the political structure, then we have to have the organic units willing and ready to do just this. These can be cooperatives, labor unions, peasant organizations, neighborhood groups — almost anything. But these groups must be willing to accept a role in the political life of the country.
Secondly, in our new Constitution, we must set up the mechanisms — the institutions which will reach down to those parts of our social organization ready and willing to accept a political role. There are two ways of doing this: either one or the other must at least be accepted, preferably both. The link may go down to our smallest communal groupings, the barrios (Article 70); or else the link must reach functional groups, like peasant organizations, labor unions, and professional societies, among others (See Article 71).
To link with barrios, these units must be brought in the structure of local government. Somehow, barrio representation must be established in municipal decision-making, the municipality must be represented in provincial decision-making; and so on upwards.
To provide links with functional groups, there must be some system whereby such groups, after accreditation, are provided the opportunity to be represented either in Congress or in various administrative commissions of government (See Articles 70, 59 and 71).
If we do these things, we will begin to have an articulate and organic society. Only such a society can be truly democratic.
The doctrine of subsidiarity has been adopted by John XXIII in his Mater et Magistra and Pacem in Terris and by Paul VI in his Populorum Progressio.
Article 7. The State shall promote the establishment of organizations as living forces of the country within the local and national levels that will promote the national welfare, safeguard the dignity of the human person, ensure freedom and preserve a sense of responsibility. These intermediate bodies which shall be protected by law shall be self-regulating and self-governing and shall provide for their members’ involvement and participation in government and public affairs for their development and welfare. The intermediate bodies shall be the bridge between the private sector and the state.
In interpreting the proper activities of organizations, their involvement in nation building and in constructive action to provide redress to any infringement of the law in the protection of individuals, shall be encouraged by the State.
EXPLANATORY NOTES
Again the Principle of Intermediate Bodies was strongly advocated by John XXIII in his two already cited encyclicals. The Committee on Human Resources of the 1971 Constitutional Convention recommended to the Convention itself the following provisions:
Section 4 – The State shall promote the establishment of institutions or organizations of different socio-occupational categories within the national and local levels and, in conjunction with this, the State shall encourage the members of these institutions or organizations to involve themselves in governmental affairs and to take steps in eliciting public participation, especially in the field of legislation and socio-economic development.
Section 5 – The state shall promote Bayanikasan as a way of life anchored on humanism, nationalism, and the best of our mores, customs, and traditions, and as a system of socio-political organization, by assigning different classifications of the living forces of the country, a role to play in nation building as may be implemented. (To be continued/PN)
