State policies

“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.” Article II, Section 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.” Republic Act No. 7157, otherwise known as “Philippine Foreign Service Act of 1991”, gives mandate to the Department of Foreign Affairs to implement the three (3) pillars of the Philippine Foreign Policy, as follows: 1. Preservation and enhancement of national security

2. Promotion and attainment of economic security3. Protection of the rights and promotion of the welfare and interest of Filipinos overseas. These pillars overlap and cannot be considered apart from each other. Together with the eight (8) foreign policy realities outlined by the President, they reinforce each other and must be addressed as one whole. These eight foreign policy realities are:

· China, Japan and the United States and their relationship will be a determining influence in the security situation and economic evolution of East Asia; · Philippine foreign policy decisions have to be made in the context of ASEAN; · The international Islamic community will continue to be important for the Philippines; · The coming years will see the growing importance of multilateral and inter-regional organizations to promote common interests;

· As an archipelagic state, the defense of the nation’s sovereignty and the protection of its environment and natural resources can be carried out only to the extent that it asserts its rights over the maritime territory and gets others to respect those rights; · The country’s economic policy will continue to be friendly to both domestic and foreign direct investments; · The Philippines can benefit most quickly from international tourism · Overseas Filipinos will continue to be recognized for their critical role in the country’s economic and social stability. 2. RECOGNITION OF LOCAL GOVERNMENT AUTONOMY

-LOCAL GOVERNMENT UNITSLocal Government Code of the Philippines, Book I, Section II (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government unitsshall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the national government to the local government units.

(b) It is also the policy of the State to ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum.

(c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, non-governmental and people’s organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions.

3. EQUAL ACCESS TO PUBLIC SERVICE-Commision on Elections or Supreme CourtArticle II Section 26:The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law. Clearly, even grammatically, these are two conjunctive statements standing apart of each other and not grammatically correlative to each other. Otherwise the statement should thus be, “equal access to opportunities for public service by prohibiting dynasties as may be defined by law.”

Therefore, it is obvious that as the legal definition of dynasties is yet to be ascertained by which agency either by the Supreme Court (SC) or the Commission on Elections or whichever, members of political families clearly possess the constitutional guarantee of “equal access.” To deny any person the right to run for office and be elected for reasons of his affinity or blood relations with the incumbent in position is indeed a violation of this constitutional provision. The second statement is as ambiguous as the concept itself — dynasties. It is yet to be defined. 4. GUARANTEE FOR HUMAN RIGHTS

-Presidential Human Rights CommitteeAdvisory body to the President in effectively addressing all human rights issues in the country. Republic Act No. 10368 – “Human Rights Victims Reparation and Recognition Act of 2013 Article II Section XI:

The State values the dignity of every human person and guarantees full respect for human rights. Article III Section XII:Prohibits the use of torture, force, violence, threat, intimidation, or any other means which vitiate the free will and mandates the compensation and rehabilitation of victims of torture or similar practices and their families.

5. NON-ABSOLUTE BAN ON NUCLEAR WEAPONS IN THE NATIONAL TERRITORY -No Government Agency/Department was establishedComprehensive Nuclear-Test-Ban Treaty (CTBT)-a multilateral treaty by which states agree to ban all nuclear explosions in all environments, for military or civilian purposes. It was adopted by the United Nations General Assembly on 10 September 1996[1] but it has not entered into force due to the non-ratification of eight specific states. 6. PREFERENCE FOR PRIVATE-SECTOR LED ECONOMIC DEVELOPMENT -Principle of subsidiarity

-No Government Agency/Department was established7. SAFEGUARDING OF LABOR RIGHTS