ARTICLE 2: DECLARATION OF STATE PRINCIPLES AND POLICIES

SECTION 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.

The Philippines renounces war as an instrument of national policy,

*RENOUNCE - to reject/refuse to recognize
War isn't even considered an option when the Philippines is in conflict
with another nation/s - meaning the government will not, in any way, initiate
nor engage itself in a war. However, as an exception, the Philippines may if
the circumstances so dictate and the national security is under threats. Thus,
The Constitution renounces only aggressive war and not a defensive one;
when provoked and attacked, the Phil can retaliate and engage into war.
*example mo yung conflict ng Phil with China regarding sa claim nila sa
Spratleys.
The Congress has the sole power to declare the existence of state of
war, by a vote of 2/3 of both Houses (senate and lower house) in joint
session, voting separately - provided by Sec. 23 Art. VI.

"adopts the generally accepted principles of international law as

part of the law of the land"
Doctrine of Incorporation - adoption of international law as part of the law of
the Philippines.
Considers rules of international law as forming part of the law of the
land and no further legislative action is needed to make such rules applicable
in the domestic sphere.
2 kinds:
*Municipal Laws - laws regulating relations within the state (within)
ex. Phil Consti, Penal code, city ordinances, special laws, all laws
passed by the legislature & LGU's

*International Laws - laws regulating relations between countries (interstate)

ex. laws na nagagawa ng UNITED NATIONS, ASEAN kung san part
member ang phil.
Merong international laws na kailangan pang ilegislate ng congress
para maging effective like ung mga treaties.. pero ung laws concerning
Human Right, covered na un ng doctrine of incorporation.
*A SPECIFIC INTERNATIONAL LAW IS DEEMED VALID AND EFFECTIVE UNLESS
IT VIOLATES/CONTRADICTS ANY OF THE MUNICIPAL LAW.
MUNICIPAL LAW IS SUPERIOR OVER INTERNATIONAL LAW. So laging
mag preprevail ang municipal law over international law.
Example lang to: kunwari ung american ni rape niya yung isang pinay
dito sa bulacan. ayon sa US, accrdg daw sa international law, dapat ma
prosecute yung american sa US hindi sa pinas.. pero accrdg sa batas natin..
dito dapat siya maprosecute.. soo ang masusunod yung batas natin over sa
international law. dito sa pinas siya malilitis.