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ARTICLE II: • Sovereignty is defined by Jellinek as the supreme

power to affect all legal interests either by executive,


legal, or judicial action.
DECLARATION OF PRINCIPLES AND
Constitutional Authoritarianism = understood and practiced in
STATE POLICIES the Marcos regime under the 1973 Constitution was the
presumption of the extraordinary powers by the President
INCLUDING LEGISLATIVE AND JUDICIAL and even constituent
Declaration of Principles and State Policies = statement of the
powers, where such assumption is authorized bu the letter or
basic ideological principles and policies that underlie the
at least the SPIRIT OF LEGITIMATELY ENACTED
Constitution.
CONSTITUTION.
• Consti Authoritarianism is compatible with a
The provisions shed light on the meaning of the other republican state if the Consti upon which the
provisions of the Constitution and they are a guide for all Executive bases his assumption of power is a
departments of the government in the implementation of the legitimate expression of the people’s will
Constitution. • And if the executive who assumes power receives his
office thru a valid election by the people.
• Principles = binding rules which must be observed in • Why? Because a republican state is nothing more
the conduct of government (1-6) than a state where sovereignty resides in the people
o Not all 6 principles are self-executory and where all government authority emanates from
• Policies = guidelines for the orientation of the state the people.
(7-28)
Nature and functions of Government
 Some policies already anchor
justiciable rights. • Government – that institution or aggregate of
institutions by which an independent society makes
 Kilosbayan v. Morato = read Sec 5,
and carries out those rules of action which are
12, 14, and 17 as mere
necessary to enable men to live in a social state
“guidelines” which do not yet
confer rights enforceable by courts • Or which are imposed upon the people forming that
but recognized Section 16 as a society by those who possess the power or authority
right-conferring provision because of prescribing them
it speaks of “the right of the • 3 great departments: LEGISLATIVE (6), EXECUTIVE
people” (7), JUDICIARY (8)
• 2 function of Govt
o CONSTITUENT – compulsory
PRINCIPLES o MINISTRANT – constitute the very bonds of
society
Section 1. The Philippines is a democratic People v. Gozo
and republican State. Sovereignty resides in
the people and all government authority • Her house was constructed within the naval base
emanates from them. leased to the American armed forces. She seeks to
emasculate our sovereign rights by the assertion that
we cannot exercise therein administrative
A state is a community of persons more or less numerous jurisdiction.
permanently occupying a definite portion of territory
• Court ruled that the govt is merely gave consent to
independent of external control and possessing an organized
the US to exercise jurisdiction in certain cases.
government to which a body of inhabitants render habitual
obedience. • Auto-limitation = a state if it chooses to may refrain
from the exercise of what otherwise is illimitable
Four requirements for a government: competence
•People • Allowing another power to participate in the exercise
•Territory of jurisdictional right over certain portions of its
•Sovereignty territory. IF IT DOES SO, IT BY NO MEANS FOLLOWS
•Government THAT SUCH AREAS BECOME IMPRESSED WITH AN
ALIEN CHARACTER. THEY RETAIN THEIR STATUS AS
State = legal concept / Nation = ethnic concept NATIVE SOIL. THEY ARE STILL SUBJECT TO ITS
AUTHORITY
• Legal Sovereignty = the supreme power to make • Philippines have NOT abdicated its sovereignty over
law. Lodged in the people the bases as part of the Philippine territory or
• Political Sovereignty = the sum total of all influences divested itself completely of jurisdiction of such
in a state, legal and non-legal, which determine the offenses committed therein.
course of law. • Bases = they are NOT and CANNOT be foreign
• A republican state implies a representative territory
government while a democratic state implies a direct
democracy. Doctrine: The Philippine government merely consents to a
foreign state’s jurisdiction in certain areas as a matter of
• Republican state = all government authority
comity, courtesy, or expediency. The US has prior or
emanates from the people and is exercised by
preferential, but not exclusive jurisdiction, and the Philippines
representatives chosen by the people
does not divest itself of jurisdiction over offenses committed
• We are not only representative or republican, we also inside the military bases. The bases are not foreign territory.
share aspects of direct democracy such as INITATIVE AND Functions of Government As defined in Bacani v. NACOCO,
REFERENDUM (Art VI, Sec. 32) the functions of government are classified into constituent
• Sovereignty is the power to make legal decisions. and ministrant functions. Constituent Functions The
• All sovereignty resides in the people, and whatever constituent functions of government are the compulsory
power you have has to be given to you.

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.  1
functions of government that constitute the very bonds of • The second is a government established and
society. maintained by military forces who invade and
occupy a territory of the enemy in the course of
As enumerated by Woodrow Wilson, they are: war, and which is denominated a government of
1. The keeping of order and providing for the protection paramount force (Japanese Occupation)
of persons and property from violence and robbery. • The third kind is that established as an
2. The fixing of legal relations between man and wife independent government by the inhabitants of a
and between parents and children. country who rise in insurrection against the parent
3. The regulation of the holding, transmission, and state (Southern Confederacy)
interchange of property, and the determination its • Of the second kind, denominated as a
liabilities for debt or for crime government of paramount force.
4. The determination of contract rights between
individuals. Distinguishing Characteristics of a De Facto government:
5. The definition and punisment of crime. • Its existence is maintained by active military power
6. The administration of justice in civil cases. within the territories and against the rightful
7. The determination of the political duties, privileges, authority of an established and lawful government
and relations of citizens • While it exists it must necessarily be obeyed in civil
8. Dealings of the state with foreign powers: the matters by private citizens, who by obedience
preservation of the state from external danger or rendered in submission to such force, do not become
encroachment and the advancement of its responsible as wrongdoers for those acts, though not
international interest. warranted by the laws of the rightful government.

It is opined that housing for the people and the compelling Philippine Government promulgated during the Japanese
demands of social justice now fall under the ambit of a years = DE FACTO GOVERNMENT OF THE SECOND KIND
government’s constituent functions.
The legislative and judicial acts of de facto government =
Bacani v. NACOCO – issue was WON NACOCO was part of VOID AB INITIO.
“government” or not. Since NACOCO was a corporation with
personality distinct from government and could not therefore In Re: Letter of Associate Justice Puno
claim the privileges which flow from sovereignty. When,
however, government chooses to operate not thru a Synopsis With respect to the Aquino government of 1986, it
government owned corporation but thru an incorporated can be said that the organization of Mrs. Aquino’s government
agency, the distinction between constituent can be useful. was met by little resistance and her control of the state
evidenced by the appointment of the Cabinet and other key
Ministrant Functions officers of Cabinet officials, revamp of the Judiciary, and the
Ministrant functions of the government are the optional Military signaled the point where the legal system in effect
functions that are intended for achieving a better life for the had ceased to be obeyed by the Filipino people.
community. The principles for determining whether or not the REVOLUTIONARY.
government shall exercise these functions are:
• that a government should do for the public welfare C. Republic v. Sandiganbayan
those things that private capital would not naturally Issue: Legality of search and seizure after the 1987
undertake constitution was promulgated. Illegal search = against the bill
of rights.
• that a government should do those things which by
its very nature it is better equipped to administer for
Patterns of Government
the public welfare than any private individual or
What superficially appears to be a bewildering variety of
group of individuals.
applications of constitutional democracy can be reduced to
the following basic patterns:
ACCFA v. CUGCO – Issue was the characterization of the
functions of a government agency charged with the • Direct government – the people, organized as the
implementation of the land reform program. The function may electorate, are the preponderant power holder
not strictly be CONSTITUENT in the sense of BACANI. But the (Ancient Greek City-States)
compelling urgency with the Constitution speaks of SOCIAL • Assembly government – name for the pattern
JUSTICE does not leave any doubt that land reform is not an which the parliament as the representation of the
optional but a CUMPOLSARY function of sovereignty. people is the preponderant power holder (China,
former USSR)
State, government, and administration o Legislative assembly holds undisputed
State is the corporate entity, government is the institution supremacy over all other state organs,
that implements the will of the State, and administration subject only to the sovereign electorate
refers to the people running the institution. renewing it at regular intervals
o Incompatible with bicameralism
De facto government o Chief of state – ceremonial
Judicial acts and proceedings of de facto governments remain
good and valid even after the liberation or reoccupation of the • Parliamentarism – where there exists an
Philippines by the American and Filipino forces. equilibrium between the independent power holders,
parliament and government, and is attempted by the
Go Kim Chan v. Valdez Tan Keh integration of the two. There are two widely
Doctrine There are three kinds of de facto governments. Is the divergent forms of this type, where the parliament is
government established by the Japanese DE FACTO? superior in political power to the cabinet (French
model) or vice versa (British model).
KINDS OF DE FACTO GOVERNMENT o 6 STRUCTURAL ELEMENTS COMMON TO
• First, is when the government de facto gets ALL PARLIAMENTARY GOVERNMENTS:
possession and control of, or usurps, by force or by  Members of the government are
the voice of the majority, the rightful legal also members of the parliament.
government and maintains itself against the will • RATIONALE: So the
of the latter. (Cromwell’s England) Assembly can subject

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.  2
them to political The Marcos government was a presidential form of
responsibility by making government. A presidential form of government has these
them stand up in the distinguishing features:
midst and account for • separation of powers
their conduct of office. • the preeminence of the President
 Government/Cabinet consists of
the political leaders of the majority First of all, Marcos inherited the powers of the President as
party defined in the 1935 Constitution. He was also superior to the
 Pyramidal structure with the Prime Prime Minister by the fact that he nominated the Prime
Minister as its apex and recognized Minister, approved the program of government to be
leader administered by the Prime Minister, terminated the term of
• PM exercises undisputed the Prime Minister if and when he nominates his successor,
supremacy over his and could delegate powers to the Prime Minister. He also had
ministerial colleagues. control over the ministries. Moreover, while there was a closer
 Government remains in power so relationship between the executive and legislative, thereby
long as it commands the support of manifesting some aspects of parliamentarism, there was a
the majority of the members of the definite separation. Separation from the Judiciary was also
parliament maintained.
• Power is lost when
majority withdraws its Section 2. The Philippines renounces war as
support
an instrument of national policy, adopts the
•General elections change generally accepted principles of
the majority structure of
parliament international law as part of the law of the
 Policy decision is shared by the land and adheres to the policy of peace,
government and the parliament equality, justice, freedom, cooperation, and
 It is in POLICY CONTROL that the amity with all nations.
crux of the pattern of a
parliamentary government lies
• Dissolution and vote of Renunciation of war
non-confidence belong
together like piston and
cylinder
• The war that is renounced is an aggressive and not a
• Cabinet – prime minister and cabinet over the defensive war.
parliament • Congress = power to declare a state of war
o MAIN FEATURES:
 Existence of 2 alternating parties Adoption of International law
possessing even chances in the
long run becoming the majority
party • International law can only become part of municipal law
 Cabinet is relatively a small through the appropriate constitutional machinery, such as
committee composed of leaders of an act of parliament or Congressional legislation.
the majority party • TRANSFORMATION and INCORPORATION
 The official leader of the winning • Sec. 2 Art II accepts doctrine of incorporation.
party is the prime minister International law has the same force as domestic law
designate. Undisputed leader and • Cases of Mejoff v. Director of Prisons (alien of Russian
superior of his cabinet whose descent who had been detained. Invoked the Universal
members he choose upon his Declaration of Human Rights)
discretion
 Policy decision is in the hands of
• AGUSTIN V. EDU – use of early warning devices. Court
ruled that the 1968 Vienna Convention on Road Signs and
PM and cabinet, the commons are
Signals had been ratified
granted only that degree of
• Although the doctrine of incorporation tells us that public
participation in the policy
international law carries the same weight as statutory
execution by legislation that the
law, when it comes to general principles of international
prevailing political climate of public
law, the ones that will be adopted by the country are
opinion demands
arrived at through jurispruidential development.
 Policy control is vested in both
houses of the parliament and the
electorate Adherence to policy of peace, freedom, amity
 Majority of the parliament
members = men of intelligence,
• Foreign policy = national interest
integrity, and experience. PARTY
DICSIPLINE!
• Presidential – If the independent power holders, Section 3. Civilian authority is, at all times,
government and parliament, are kept separated but supreme over the military. The Armed
are constitutionally obligated to corporate for the Forces of the Philippines is the protector of
formation of the will of the state, interdependence is
achieved by coordination.
the people and the State. Its goal is to
secure the sovereignty of the State and the
Marcos Dictatorship and Parliamentarism vs. Presidential integrity of the national territory.
Government
Civilian authority is, at all times, supreme over the military.
The Armed Forces of the Philippines is the protector of the

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.  3
people and the State. Its goal is to secure the sovereignty of Section 7. The State shall pursue an
the State and the integrity of the national territory. The
independent foreign policy. In its relations
section is divided into two clauses, the Civilian Supremacy
clause and the Mark of Sovereignty clause. with other states, the paramount
consideration shall be national sovereignty,
• Civilian Supremacy - Civilian authority is, at all times, territorial integrity, national interest, and
supreme over the military. the right to self-determination.
• Mark of Sovereignty -The AFP is the protector of the
people and the state. An Independent foreign policy
• “As politics get into the army, the army gets into • Discussions on the future of the military bases in
politics”. MARTIAL LAW. Subic and Clark
• Armed forces = protector of the state • Closest reference to military bases that a dominant
majority in the ConCom would allow in the body of
Mark of Sovereignty the consti

The MoS clause is, in capsule form, the description of a


soldier’s vocation. The soldier is supposed to renounce Section 8. The Philippines, consistent with
political ambition because he finds nobility and dignity and the national interest, adopts and pursues a
honor in being the guardian of the people and of the integrity policy of freedom from nuclear weapons in
of the national territory of a legitimate government. This is
not a principle, which once articulated, creates the reality that its territory.
it seeks to describe. To keep the dream of civilian supremacy
alive, two elements are needed: a civilian government that is • A policy of freedom from nuclear weapons
both legitimate and stable, and an armed force of the highest • 2 questions: 1. What are banned by the provision 2.
professionalism. How absolute is the ban?
• “not only possessing weapons but also NUCLEAR
Section 4. The prime duty of the TESTS in our territory as well as the use of our
territory as dumping ground for radioactive wastes
Government is to serve and protect the (JPEPA?!)”
people. The Government may call upon the • Not a ban on the peaceful uses of nuclear energy
people to defend the State and, in the
fulfillment thereof, all citizens may be
required, under conditions provided by law,
to render personal, military or civil service. Section 9. The State shall promote a just
and dynamic social order that will ensure
Compulsory military and civil service; protection of
people and State
the prosperity and independence of the
nation and free the people from poverty
through policies that provide adequate
• Volunteer system – entrusting the sacred mission of
defending the country to men lacking in capacity social services, promote full employment, a
who have proved failures in other fields of activity rising standard of living, and an improved
(like in Korea) quality of life for all.
• People v. Lagman – the accused was prosecuted for
failing to register for military service under the
National Defense Act. Act is NOT unconstitutional. Section 10. The State shall promote social
• People v. Manayo justice in all phases of national
development.
Section 5. The maintenance of peace and
order, the protection of life, liberty, and • SOCIAL JUSTICE – equalization of economic, political,
property, and promotion of the general and social opportunities with special emphasis on the
duty of the state to tilt the balance of social forces by
welfare are essential for the enjoyment by favouring the disadvantaged in life
all the people of the blessings of • Common tao, PREFERENTIAL OPTION FOR THE POOR
democracy. • Tondo Medical Center Employees v. CA
o HEALTH SECTOR REFORM AGENDA (HSRA)
= Making free medicine and free medical
• Peace, order, and general welfare
services inaccessible to economically
• Padilla: provision recognized a hierarchy of rights – disadvantaged principles
LIFE (1), LIBERTY (2), PROPERTY (3) o Petitioners requests that HRSA declared
VOID because it counters to the aspiration
Section 6. The separation of Church and and ideals of the Filipino people as
embodied in the Constitution
State shall be inviolable. o “As a general rule, provisions of the
constitution are considered SELF-
• Article III, Section 5 EXECUTING and do not require future
legislation for their enforcement. For if they
are not treated as self-executing, the
STATE POLICIES mandate of the fundamental law can be
easily nullified by the inaction of congress.
However, some provisions have already

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.  4
been categorically declared by this court as patriotism and nationalism, and encourage
non-self executing”
their involvement in public and civic affairs.
o TANADA V. ANGARA – “These principles in
Art II are NOT intended to be self-executing
principles ready for enforcement thru the • As to the education of children, the rights of the
courts. They are used by the judiciary as State and parents are delineated, as the primary
aids or guides in the exercise of its power of right belongs to the parents and affirms the
judicial review, and by the legislature in its secondary and supportive role of the state.
enactment of laws” • The State, as parens patriae, may step in when a
 NON-SELF EXECUTIN: 5 (church natural parent cannot or fails to cope with the duties
and state), 9 (promote dynamic of raising his or her children.
social order), 10 (social justice), 11
(dignity), 12 (sanctity of family
Section 14. The State recognizes the role of
life), 15 (right of health), 18 (labor)
o BASCO V. PAGCOR – Sec 11 (dignity), 12
women in nation-building, and shall ensure
(sanctity of family life) and 13 (youth) of Art the fundamental equality before the law of
II ARE NOT SELF-EXECUTING PROVISIONS. women and men.
These cannot give rise to a cause of action
in the courts. They do not embody judicially
• Fundamental equality between men and women
enforceable consti rights
before the law
• The provision is worded as not to dislocate the Civil
Section 11. The State values the dignity of Code and the jurisprudence on the subject. What it
every human person and guarantees full does is to give impetus to the removal, through
statutes, of existing inequalities. The general idea is
respect for human rights. for the law to ignore gender in determining rights
and duties
Section 12. The State recognizes the
sanctity of family life and shall protect and Section 15. The State shall protect and
strengthen the family as a basic promote the right to health of the people
autonomous social institution. It shall and instill health consciousness among
equally protect the life of the mother and them.
the life of the unborn from conception. The
natural and primary right and duty of Section 16. The State shall protect and
parents in the rearing of the youth for civic advance the right of the people to a
efficiency and the development of moral balanced and healthful ecology in accord
character shall receive the support of the with the rhythm and harmony of nature.
Government.
The State shall protect and advance the right of the people to
• “FAMILY” – a stable, heterosexual relationship a balanced and healthful ecology in accord with the rhythm
• Family is anterior to the state and is not a creature of and harmony of nature. This provision recognizes an
the state enforceable right. This is illustrated in the following cases.
• It protects the family from the instrumentalization by
the state Oposa v. Factoran
• 2 points on the legal meaning and purpose of the
protection that is guaranteed for the unborn:
o 1. THIS IS NOT AN ASSERTION THAT THE • The subject matter of the complaint is the general
UNBORN IS A LEGAL PERSON interest of all citizens of the Philippines. The
o THIS IS NOT AN ASSERTION THAT THE LIFE petitioner minors assert that they represent their
OF THE UNBORN IS PLACED EXACTLY ON generation and the generations yet unknown. Their
THE LEVEL TO SAVE THE LIFE OF THE personality to sue in behalf of succeeding
MOTHER generations is based on the concept of
o When the life of the mother needs to be intergenerational responsibility. Every generation has
saved, the unborn can be sacrificed but not a responsibility to the next to preserve the rhythm
merely when the purpose is to save the and harmony for the full enjoyment of a balanced
mother from emotional suffering ecology.
• Intergenerational responsibility and justice
o Roe v. Wade – liberalized abortion laws up
• Minors: 1) cancel all existing timber license
to the 6th month of pregnancy by allowing
agreements in the country and 2) cease and desist
abortion any time in the first 6th months
from receiving, accepting, renewing, or approving
o Roe was overturned by CASEY. 4th month new timber license agreements
with undue burden test and will inform the
parents and father
Laguna Lake Development Authority v. Court of
Appeals
Section 13. The State recognizes the vital
role of the youth in nation-building and • Some residents near the dumpsite in Caloocan were
shall promote and protect their physical, concerned about pollution. The LLDA issued a cease
moral, spiritual, intellectual, and social and desist order because of its harmful effects on the
residents and the possible pollution to the receiving
well-being. It shall inculcate in the youth
streams. The Court upheld the LLDA ruling.

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.  5
Section 17. The State shall give priority to Section 22. The State recognizes and
education, science and technology, arts, promotes the rights of indigenous cultural
culture, and sports to foster patriotism and communities within the framework of
nationalism, accelerate social progress, and national unity and development.
promote total human liberation and
development. • Indigenous and cultural communities are discussed
under National Economy and Patrimony (XII) and LG
This does not mean that the government is not free to (X)
balance the demands of education against other competing
and urgent demands. Section 23. The State shall encourage non-
governmental, community-based, or
Section 18. The State affirms labor as a sectoral organizations that promote the
primary social economic force. It shall welfare of the nation.
protect the rights of workers and promote
their welfare. Section 24. The State recognizes the vital
role of communication and information in
This means that the human factor has primacy over the non- nation-building.
human factor in production.

*The 1986 Constitutional Commission refused to impose a


Section 19. The State shall develop a self- “social responsibility” on media
reliant and independent national economy
effectively controlled by Filipinos. imposing such a duty will open the door for the state to
require media to follow a certain line

• This is a guide for interpreting provisions on the *Note: Article XVI Sec. 10-11
national economy and patrimony
• Any doubt must be resolved in favour of self-reliance Art. XVI Sec. 10. The State shall provide the policy
and independence in favour of Filipinos environment for the full development of Filipino capability and
the emergence of COMMUNICATION STRUCTURES suitable to
Garcia vs Board of Investments the needs and aspirations of the nation and the BALANCED
FLOW OF INFORMATION into, out of, and across the country, in
a accordance with a policy that respects FREEDOM OF
• Transfer of the petrochemical plant in Bataan to SPEECH.
Batangas
• Taiwanese want to transfer the site to Batangas Communication Policy-includes within its scope
because of employment issues. COMMERCIAL TELECOMMUNICATIONS, MASS MEDIA, and
• Issue: WON the foreign investor has the right of final ADVERTISING. This section is concerned with the AVAILABILITY
choice of plant site and REACH of communication facilities.
• BOI committed a grave abuse of discretion in
approving the transfer of the petrochemical plant The State may exercise its authority TO MAINTAIN a PROPER
from Bataan to Batangas and authoring change of COMMUNICATION ENVIRONMENT by ordering a PRIVATE
feedstock from naptha oly naptha and LPG for the telephone company to allow interconnection.
main reason that the final say is in the investor all
other circumstances to the contrary notwithstanding e.g. Philippine Long Distance Co. vs. National
• Consti = NATIONAL INTEREST Telecommunications Commissions:
• Other case: Manila Prince Hotel
The Court: The interconnection which has been required of
PLDT is a form of intervention with property rights...The
Section 20. The State recognizes the decisive considerations are PUBLIC NEED, PUBLIC INTEREST
indispensable role of the private sector, and the COMMON GOOD...To these PUBLIC and NATIONAL
encourages private enterprise, and provides INTERESTS, PUBLIC UTILITY COMPANIES must bow and yield.
incentives to needed investments.
Art. XVI Sec. 11. (1) The OWNERSHIP and MANAGEMENT of
MASS MEDIA shall be limited to CITIZENS of the PHILIPPINES,
• MARINE RADIO COMMUNICATIONS ASSOCIATION V. or to corporations, cooperatives or associations, WHOLLY-
REYES – “Article II, Section 20 is no more than an OWNED and MANAGED by such CITIZENS.
acknowledgement of the importance of private
initiative in building the nation. However, it is not a The CONGRESS shall REGULATE or PROHIBIT
call for official abdication of duty to citizenry” MONOPOLIES in COMMERCIAL MASS MEDIA when the PUBLIC
INTEREST so requires.
Section 21. The State shall promote
(2) The ADVERTISING industry is impressed
comprehensive rural development and with PUBLIC INTEREST, and shall be regulated by law for the
agrarian reform. PROTECTION OF CONSUMERS and the PROMOTION of the
GENERAL WELFARE.
Comprehensive rural development also includes: 1. Social 2.
Economic 3. Human 4. Cultural 5. Political and 6. Industrial ONLY FILIPINO CITIZENS or corporations or
development associations at least SEVENTY PER CENTUM of the capital of
which is owned by such citizens shall be allowed to engage in
the advertising industry.

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.  6
The participation of FOREIGN INVESTORS in the Local Autonomy-means more than just decentralization:
governing body of entities in such industry shall be LIMITED
TO THEIR PROPORTIONATE SHARE in the capital thereof, and Decentralization of ADMINISTRATION-when the CENTRAL
all the EXECUTIVE and MANAGING OFFICERS of such entities GOVERNMENT delegates ADMINISTRATIVE powers to political
MUST BE CITIZENS OF THE PHILIPPINES. subdivisions in order to:

*The Consti. Commission did not succeed in formulating a (1) broaden the base of government power making local
definition of MONOPOLIES governments more RESPONSIVE and ACCOUNTABLE

MASS MEDIA-includes radio, television, and the printed media. (2) ensure their fullest development as SELF-RELIANT
It does not include commercial telecommunications, which are communities
governed as public utilities, nor the advertising industry.
(3) make them more effective PARTNERS in the pursuit of
PUBLIC UTILITY-a utility corporation which renders service to NATIONAL DEV’T. and PROGRESS
the general public for COMPENSATION. Its service is not
confined to privileged individuals but is OPEN TO AN (4) relieves THE CENTRAL GOVERNMENT the burden of
INDEFINITE PUBLIC. It is a business or service engaged in managing LOCAL AFFAIRS, enabling it to focus on NATIONAL
regularly supplying the public with some commodity or CONCERNS
service of PUBLIC CONSEQUENCE (Iloilo Ice and Cold Storage
Co. v. Public Utility Board, Art. XII Sec. 11). Decentralization of POWER-involves an abdication of
POLITICAL POWER in favour of LOCAL GOVERNMENT UNITS
declared to be AUTONOMOUS. The AUTONOMOUS
Section 25. The State shall ensure the GOVERNMENT becomes accountable not to the CENTRAL
autonomy of local governments. AUTHORITIES but to ITS CONSTITUENCY.

*Note: Article X Sec. 1-3 *The meaning of LOCAL AUTONOMY under the 1987
Constitution, HOWEVER, was effectively thrown down to the
Art. X Sec. 1. The TERRITORIAL and POLITICAL LEVEL OF AUTONOMY under the 1935 Constitution.
SUBDIVISIONS of the Republic of the Philippines are the
PROVINCES, CITIES, MUNICIPALITIES, and BARANGAYS. There e.g. Magtajas v. Pryce Properties: GOV’T OF CAGAYAN DE ORO
shall be AUTONOMOUS REGIONS in MUSLIM MINDANAO and CITY contended that it could prevent the PAGCOR from
THE CORDILLERAS as herein after provided. operating a casino in the city, under its authority to prohibit
gambling. PAGCOR, however, had authority under P.D. No.
PROVINCES, CITIES, MUNICIPALITIES, and BARANGAYS-fixed as 1869 to CENTRALIZE and REGULATE all games of chance
the standard TERRITORIAL and POLITICAL SUBDIVISIONS of under territorial jurisdiction of the Philippines.
the Philippines
THE COURT ruled that: CDO City could not curtail PAGCOR’S
AUTONOMOUS REGION-a BODY CORPORATE consisting of authority. Municipal governments are ONLY AGENTS of the
provinces, cities, and municipalities. Creation of other national government. Municipal corporations owe to, and
autonomous regions can only be accomplished by derive their powers and rights wholly from the LEGISLATURE.
CONSTITUTIONAL AMENDMENT.
Lina, Jr. v. Pano: an attempt by the provincial government
The right of PROVINCES, CITIES, MUNICIPALITIES, to PROHIBIT LOTTO. THE COURT ruled: The provincial
BARANGAYS, and AUTONOMOUS REGIONS to exist as the government may not prohibit lotto.
TERRITORIAL and POLITICAL SUBDIVISIONS of the state is no
longer just a STATUTORY RIGHT but a CONSTITUTIONAL *Commision on Audit MAY NOT reduce the allowance given to
RIGHT. JUDGES by LOCAL GOVERNMENTS, as the LOCAL
GOVERNMENT CODE authorizes LOCAL GOVERNMENTS to
Salient Criteria for AUTONOMY: give allowance to judges and decide how much this should be.

(1) AUTONOMY should be compatible with NATIONAL GOALS San Juan v. Civil Service Commission:

(2) AUTONOMY should ensure WIDEST PARTICIPATION and Facts: By E.O. No. 112, authority to appoint a Provincial
INITIATIVE to the local government unit Budget Officer (PBO) had been given to the SECRETARY OF
BUDGET MANAGEMENT upon RECOMMENDATION of the
LOCAL EXECUTIVE concerned. The person recommended by
(3) AUTONOMY should assure the development of SELF-
the PROVINCIAL GOVERNOR, however, did not possess the
RELIANT communities
necessary qualifications. Hence, the c appointed somebody
else of his own choice.
LOCAL GOVERNMENT-a POLITICAL SUBDIVISION of a nation or
a state which is CONSTITUTED BY LAW and has SUBSTANTIAL
Issue: The authority to appoint a PBO.
CONTROL of LOCAL AFFAIRS.
Held: THE COURT rules that if the recommendee of the
Unitary System of the Philippines: LOCAL GOVERNMENT can
PROVINCIAL GOVERNOR is not qualified, the SECRETARY OF
only be an infra-sovereign subdivision of ONE SOVEREIGN
BUDGET MANAGEMENT must ask for new recommendees with
NATION.
the necessary eligibility.
It cannot be an imperium in imperio but only:
San Juan was aware that there are factors about life in a
local community about which the CENTRAL GOVERNMENT is
(1) a measure of autonomy NOT the best judge. THE COURT: “More important is the
proper administration of FISCAL AFFAIRS at the LOCAL
(2) decentralization of the FUNCTIONS of GOVERNMENT LEVEL”.

Art. X Sec. 2. The TERRITORIAL and POLITICAL Laguna Lake Dev’t. Authority v. Court of Appeals
SUBDIVISIONS shall enjoy LOCAL AUTONOMY.

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.  7
Facts: The Task Force Camarin Dumpsite filed a complaint SOLE AND EXCLUSIVE RIGHT to decide on whether to
with the Laguna Lake Dev’t. Authority (LLDA) seeking to stop INITIATE a recall proceeding or not.
the operation of the garbage dumpsite in Tala Estate, Brngy.
Camarin, Caloocan City due to its harmful effects on the Issue: Whether the Local Government Code also authorizes
health of the residents and the possibility of pollution of the local government units to have a sole and exclusive right to
water content of the surrounding area. The LLDA found out decide on whether there should be a recall proceeding or not.
that the City Government was not able to secure an
Environmental Compliance Certificate (ECC) from the Held: The COURT did not agree with Governor Garcia and
Environmental Management Bureau (EMB) before maintaining stated that the CONGRESS has made its choice as called for
an open dumpsite. The LLDA issued a CEASE and DESIST by the constitution and it is not the prerogative of this court to
ORDER ordering the City Government of Caloocan to stop supplant this judgement. There is nothing in the
dumping garbage at the Camarin Dumpsite. Less than a year CONSTITUTION that will remotely suggest that the people
later, the dumping operation was resumed after a meeting have the “sole and exclusive right to decide on whether to
among the City Government of Caloocan. The LLDA then initiate a recall proceeding.”
issued another order reiterating the CEASE AND DESIST
ORDER previously issued. The City Government filed with the CONGRESS was not straight jacketed to one particular
RTC DECLARATION OF NULLITY of the CEASE AND DESIST mechanism of initiating recall elections and was given the
ORDER. POWER TO CHOOSE the effective mechanism of recall AT ITS
DISCERNMENT. It is the LEGISLATIVE that determines the
Issue: Which agency can lawfully exercise jurisdiction over the necessity, adequacy, wisdom and expediency of law.
matter?
Principal Guidelines given to CONGRESS for structuring LOCAL
Held: The Supreme Court denied to the municipalities around GOVERNMENT UNITS:
Laguna Lake and here, the City Government of Caloocan, the
power to authorize the construction or dismantling of (1) The structure must be RESPONSIVE and ACCOUNTABLE
fishpens, fish enclosures, and the like (in this case a garbage
dumpsite) in Laguna Lake. The COURT ruled that the SPECIFIC (2) It must be instituted through a SYSTEM OF
POWER of the LLDA must prevail over the GENERAL POWER of DECENTRALIZATION
LOCAL GOVERNMENTS.

The issuance of the CEASE AND DESIST ORDER by the LLDA Section 26. The State shall guarantee equal
is a proper exercise of its power and authority under its access to opportunities for public service
charter and amendatory laws. This charter of LLDA, R.A. 4850 and prohibit political dynasties as may be
have provided the power to institute “necessary legal
proceeding against any person who shall commence to defined by law.
implement or continue implementation of any project, plan or
program WITHIN THE LAGUNA DE BAY REGION without *The establishment of political dynasties is an effective way of
previous clearance from the LLDA.” In addition, E.O. 927 MONOPILIZING and PERPETUATING power. BUT the argument
series of 1983 confers on the LLDA the power “to make, alter that the ELECTORATE should be LEFT FREE TO DECIDE is not
or modify orders requiring the discontinuance of pollution.” without VALIDITY.

Art. X Sec. 3. THE CONGRESS shall enact a LOCAL *The meaning of POLITICAL DYNASTIES has been left for
GOVERNMENT CODE which shall provide for a more CONGRESS to define:
RESPONSIVE and ACCOUNTABLE local government structure
instituted through a SYSTEM OF DECENTRALIZATION with DEAN BAU: POLITICAL DYNASTIES still has no definition to
effective mechanism of RECALL, INITIATIVE, and date. The question is “are the principles CORRECT and can
REFERENDUM, ALLOCATE among the different local they be IMPLEMENTED?”
government units their powers, responsibilities, and
resources, and provide for the QUALIFICATIONS, ELECTION,
A. Pamatong v. Comelec – article is not self-executing
APPOINTMENT AND REMOVAL, TERM, SALARIES, POWERS AND
FUNCTIONS AND DUTIES OF LOCAL OFFICIALS, and all other
Facts: PETITIONER Rev. Ely Pamatong filed his Certificate of
matters relating to the organization and operation of the local
Candidacy. The COMELEC refused to give due course to the
units.
PETITIONER’S Certificate of Candidacy. PETITIONER sought to
reverse the resolutions which were allegedly rendered in
INITIATIVE AND REFERENDUM-the legal process whereby the
violation of his right to “equal access to opportunities for
registered voters of a LOCAL GOVERNMENT UNIT may
public service” under Sec. 26, Art. II.
DIRECTLY propose, enact, or amend any ordinance.
Issue: Whether denial of PETITIONER to run for the presidency
The COURT has ruled that, even as worded, the statute violative of his right to “equal access to opportunities for
authorizes INITIATIVE AND REFRENDUM not just on ordinances public service” under Sec. 26, Art. II.
BUT ALSO ON RESOLUTIONS
Held: No. The provision is not intended to compel the state to
RECALL-as an instrument for effecting official accountability, enact positive measures that would accommodate AS MANY
is a DEVICE or PROCEDURE by which a public official’s tenure PEOPLE AS POSSIBLE into public office.
may be terminated by POPULAR VOTE. It may be applied to
both ELECTIVE and APPOINTIVE officials.
There is no CONSTITUTIONAL RIGHT to run for or hold public
office. What is recognized is merely a privilege subject to
e.g. Garcia v. Commission on Elections-
LIMITATIONS imposed by law. Some valid limitations
specifically on the privilege to seek elective office are found in
Facts: The 1991 Local Government Code authorized the provisions of the OMNIBUS ELECTION CODE on “NUISANCE
PROVINCES, CITIES, LEGISLATIVE DISTRICTS AND CANDIDATES” and COMELEC Resolution No. 6452, wherein the
MUNICIPALITIES to have a PREPARATORY RECALL ASSEMBLY COMELEC may motu proprio refuse to give due course to or
authorized to initiate the recall of an elective official. cancel a Certificate of Candidacy.
Governor Garcia contended that such a right includes the

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.  8
Section 27. The State shall maintain LACHES-A legal doctrine whereby those who take too long to
assert a legal right, lose their entitlement to a right or
honesty and integrity in the public service
compensation.
and take positive and effective measures
against graft and corruption. ESTOPPEL-A bar preventing one from making an allegation or
a denial that contradicts what one has previously stated as
the truth.
*NOTE: Article XI

Art. XI Sec. 1. PUBLIC OFFICE is a PUBLIC TRUST. Public R.A. 1379 Sec. 11: “The laws concerning acquisitive
officers and employees must at all times be ACCOUNTABLE to prescription and limitation of actions CANNOT BE INVOKED by,
the people, serve them with utmost RESPONSIBILITY, nor shall they benefit the RESPONDENT in respect of any
INTEGRITY, LOYALTY, AND EFFICIENCY, act with PATRIOTISM property UNLAWFULLY ACQUIRED by him”.
and JUSTICE, and lead MODEST lives.
Art. XI Sec. 16. No LOAN, GUARANTY, or other form of
FINANCIAL ACCOMMODATION for any business purpose may
The provisions of Art. XI are designed to exact
be granted, DIRECTLY or INDIRECTLY, by any GOVERNMENT-
ACCOUNTABILITY from public officers
OWNED or CONTROLLED bank or financial institution to the
PRESIDENT, THE VICE-PRESIDENT, THE MEMBERS OF THE
Art. XI Sec. 2. The PRESIDENT, THE VICE-PRESIDENT, THE
CABINET, THE CONGRESS, THE SUPREME COURT, AND THE
MEMBERS OF THE SUPREME COURT, THE MEMBERS OF THE
CONSTITUTIONAL COMMISSIONS, THE OMBUDSMAN, or to any
CONSTITUTIONAL COMMISSIONS, AND THE OMBUDSMAN may
firm or entity in which they have controlling interest, during
be removed from office, ON IMPEACHMENT for, and
their tenure.
CONVICTION OF, CULPABLE VIOLATION OF THE
CONSTITUTION, TREASON, BRIBERY, GRAFT and CORRUPTION,
OTHER HIGH CRIMES, or BETRAYAL OF PUBLIC TRUST. All Includes only those of HIGH RANK
other public officers and employees may be removed from
office as provided by law, but NOT BY IMPEACHMENT. Section 28. Subject to reasonable
conditions prescribed by law, the State
The 2 exceptions of JUDICIAL INDEPENDENCE: adopts and implements a policy of full
(1) power of the COMELEC and of the ELECTORAL TRIBUNALS
public disclosure of all its transactions
to be judges of ELECTIONS CONTESTS involving public interest.

(2) power of IMPEACHMENT of CONGRESS, the exercise of


which is an act of POLITICAL JUSTICE** Art. III Sec. 7. The right of the people to information on
matters of PUBLIC CONCERN shall be recognized. Access to
IMPEACHMENT PROCESS-The RIGHT to be removed ONLY BY OFFICIAL RECORDS, and to DOCUMENTS, and PAPERS
IMPEACHMENT is the Constitutions strongest guarantee of pertaining to OFFICIAL ACTS, TRANSACTIONS, or DECISIONS,
SECURITY OF TENURE. The guarantee effectively blocks the as well as to GOVERNMENT RESEARCH DATA used as basis for
use of other legal ways of ousting an officer. policy development, shall be afforded the citizen, subject to
such LIMITATIONS as may be provided by law.
• makes the president immune from LEGAL ACTION
e.g. Subido v. Ozaeta (Pre-1973 Case):
• but at the same time REMOVABLE in extreme cases
Facts: The press wanted to examine the records of the
Register of Deeds.
e.g. In re Gonzales-the suggestion that a Supreme Court
justice may be subjected to disbarment proceedings was
dismissed by THE COURT: “A public officer...who may be Issue: Whether the press, and for that matter, the public had
removed from office only by impeachment, cannot be charged a CONSTITUTIONAL RIGHT to demand the examination of
with disbarment during the incumbency of such public PUBLIC LAND records.
officer”.
Held: The press had a STATUTORY RIGHT to examine the
records of the Register of Deeds because the interest of the
The object of the process is NOT TO PUNISH but ONLY TO
press was REAL and ADEQUATE.
REMOVE a person from office
Note: However, THE COURT said: We do not believe that the
REMOVAL and DISQUALIFICATION are the only punishments
CONSTITUTIONAL RIGHT to FREEDOM OF SPEECH is in any
that can be imposed upon conviction on impeachment.
way involved (in this case). Freedom of information and
CRIMINAL and CIVIL LIABILITY can follow AFTER the officer has
freedom to obtain information for publication is NOT
been removed by IMPEACHMENT.
GUARANTEED by the constitution.
Art. XI Sec. 4. The present ANTI-GRAFT COURT known as the
SANDIGANBAYAN shall continue to function and exercise its 1973 Constitution: Went beyond the Subido case:
jurisdiction as now or hereafter may be provided by law. recognized the right of access to public documents and
records as a SELF-EXECUTORY CONSTITUTIONAL RIGHT.
Preserved by the 1987 Consti with the addition of
*The SANDIGANBAYAN-shall have the jurisdiction over
“government research data” as a reaction to the government
CRIMINAL and CIVIL cases involving GRAFT and CORRUPT
practice during the Marcos regime of withholding such data
practices.
from the public.
Art. XI Sec. 15. The RIGHT OF THE STATE to RECOVER
PROPERTIES unlawfully acquired by PUBLIC OFFICIALS of Also determined in Chavez is the extent to which the public
EMPLOYEES, from them or from their nominees or transferees, has a right to information about the efforts of government
shall not be barred by PRESCRIPTION, LACHES, OR ESTOPPEL. through the PCGG to recover ILLEGALLY OBTAINED WEALTH.
THE COURT: It is incumbent upon the PCGG to disclose
sufficient public information...such information, though, must
PRESCRIPTION-A method of acquiring or extinguishing rights
pertain to DEFINITE PROPOSITIONS...not to communications
through the inaction of the legal owner

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during the stage when common assertions are still IN THE
PROCESS of being formulated.

Gonzales v. Narvasa: Issue: Whether the Executive


Secretary, upon petition of a citizen, may be ordered to give
access to the names of executive officials holding multiple
positions in government, copies of their appointments, and
the list of the recipients of luxury vehicles seized by the BOC.
Held: THE COURT: The information is of public concern BUT
called attention to the limitations on the right found in R.A.
No. 6713 the “Code of Conduct and Ethical Standards for
Public Officials and Employees”, which provides that in the
performance of their duties, all public officials and employees
are obliged to respond to letters sent by the PUBLIC within 15
working days...

Lantaco, Sr. v. Llamas: THE COURT: While the public officers


in custody or control of public records have the discretion to
REGULATE, such discretion does not carry with it the
AUTHORITY TO PROHIBIT access, inspection, examination or
copying.

GSIS: In granting loans, exercises a PROPRIETARY FUNCTION


does not justify the exclusion of the transactions from the
coverage and scope of the RIGHT TO INFORMATION. As a
government institution, it may be compelled to show
documents evidencing BEHEST LOANS even if they are
proprietary in nature.

COMELEC: The refusal of the COMELEC to reveal the names


of the nominees for party-list seats violates the right of the
people to information on matters of PUBLIC CONCERN.

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