Ignorantia Legis: Ignorantia Legis: Constitutional Law II Digests 1

ARTICLE V: SUFFRAGE
Section 1. Suffrage may be exercised by all citizens
of the Philippines, not otherwise disqualified by
law, who are at least eighteen years of age, and
who shall have resided in the Philippines for at
least one year and in the place wherein they
propose to vote, for at least six months
immediately preceding the election. No literacy,
property, or other substantive requirement shall
be imposed on the exercise of suffrage.
1. Suffrage as right and duty
It started as a statutory right, evolved into a
constitutional right. On another line, it started as a
right belonging only to the male illustrado then to
literate women and finally to an unlettered 18 year
old. The modern concept of suffrage is that voting is a
function of government. It is not a natural right but a
right created by law. It is a privilege granted by the
state. In the 1935 Constitution, suffrage became a
right granted by the sovereign people to a definite
portion of the population possessing certain
qualifications. In the 1973 Constitution, suffrage
became an obligation put into a presidential decree
making failure to register and vote without justifiable
reason a punishable offense. Finally, in the 1987
Constitution, suffrage did not become an obligation as
the provision specifically uses the word may.
Akbayan v Comelec
Petitioner seeks to direct the Comelec to
conduct a special registration before the May 2001
General Elections of new voters ages 18 to 21. This is
based on the premise that around 4 million youth
failed to register prior to the deadline (Dec 27,
2000).
The Court now has to decide on the issue on
WON 1. Comelec committed grave abuse of discretion
and WON 2. the Court can compel Comelec to conduct
a special registration
It must be noted that the right of suffrage
must be exercised within the proper bounds. The
right of suffrage is not absolute and is subject to
existing substantive and procedural requirements
provided in the Constitution, statute books and other
laws. The act of registration is under the procedural
limitation and is an indispensable precondition to the
right of suffrage. The limitations such as the
prohibitive period of registration stand to give
protection to right to suffrage and consequently give

Comelec time to evaluate the evidence on the

application
The Comelec did not commit an abuse of
discretion. The young voters who failed to register
was not deprived of their right to suffrage for they
were well-aware of the deadline of the registration
yet they failed to comply with it.
2. The broadening of the mass base
In the 1st Philippine Election Law, suffrage
was limited to highly elitist males. In the 1935
Constitution, right to suffrage was extended to
women possessing necessary qualification. In the
1971 Constitutional Convention, approved the
lowering of age from 21 to 18. Removed the literacy
requirement and retained other qualification. The
following then are the qualifications which the 1987
Constitution retained:
1. Philippine citizenship
2. Age of 18 yrs or over
3. Residence in the Phils for at least 1 yr
preceding the election
4. Residence in the place wherein they
propose to vote for at least 6 mos
preceding the election
5. Freedom from any disqualification
prescribed by law
3. Citizenship qualification
Although suffrage is an assertion of a citizens
right to vote, it is primarily an exclusion of noncitizens from suffrage.
4. Residence qualification
Residence qualification for purposes of candidacy:
At least one year in the residence in the
Philippines . Residence understood here as domicile
Six months immediately preceding the
election. Residence understood here in its ordinary
meaning. It may be temporary.
The following are thus requirements of domicile:
1. Physical residence/actual residence
2. Intention to remain there animus
non revertendi
3. Intention to abandon the old domicile
animus manendi
Romuladez v. RTC
Fast facts:
Philip Romualdez was a natural-born citizen
of the Philippines and a nephew to Imelda Romualdez
Marcos. He is from Tolosa, Leyte. After the EDSA

Ignorantia Legis: Constitutional Law II Digests

Revolution, he and his family fled to the United States.

He stayed there for a few years until he decided to
come back to the Philippines. He decided to return to
the US but he aborted his flight.
SC decision:
He is a Filipino citizen. He did not lose his
Filipino citizenship. Residence thus acquired may be
lost by adopting another choice of domicile. The
departure of his family cannot be described as
abandonment of residence. Neither did he establish
domicile elsewhere.
5. Absentee voting
Macalintal v. COMELEC
Romulo Macalintal is questioning some sections of the
Oversees
Voting
Act for
allegedly
being
unconstitutional. In particular, he questions Section
5(d) of the law unless thhey execute an affidavit
saying that they will resume actual physical and
permanent residence in the Philippines within three
years. Macalintal asserts that this is violative of the
residency requirement found in Art. V, Sec. 1 of the
Constitution.
Based
on
the
Constitutional
Commission
deliberations, plus the rule of necessary implication in
statutory construction, it is clear that the residency
qualification does not apply to oversees or absentee
voters. Sec. 2, which says that the Congress shall enact
a system for absentee voting, effectively operates as
an exception to the residency requirement of Sec. 1,
since logically,absentee voters would not be residents.
So basically, overseas absentee voters will have to
follow all other qualifications, except residency, but
they have to execute the affidavit.
Nicolas-Lewis v. COMELEC
Nicholas-Lewis is a dual citizen and the other
petitioners are successful applicants of Philippine
citizenship under RA 9225 (Citizenship Retention and
Re-acquisition Act) who applied for registration as
absentee voters under RA 9189 (OAVL). However,
COMELEC denied them of the right of suffrage
because they lack the residency requirement as
provided in the constitution. Court held that RA 9225
allowed citizens who have been naturalized in other
countries to re-acquire their Philippine citizenship
provided they take oath of allegiance to the republic.
Those who re-acquire their citizenship are able to
enjoy full civil and political rights which include the
right to vote. RA 9225 expanded the scope of

Absentee Voting Law to include dual citizens. The

Court also declared that qualified Filipinos who are
not in the Philippines may be allowed to vote even
though they do not satisfy the requirement of
residency in Sec 1 Art V. Absentee Voting is the
exception to the general rule of residency.
RA 9189: (OAVL)
Coverage: not disqualified by law and at least
18 years old on the day of election
Disqualifications:
1. Those who have lost their citizenship in acc.
with the law
2. Those who have expressly renounced their
citizenship and pledged allegiance to other
country
3. Those who have been convicted by final
judgment for an offense punishable by
imprisonment not less than 1 year
4. Those immigrants or permanent residents of
other country unless they provide affidavit to
resume residency in Philippines not later than
3 years from approval
5. Citizens of the Philippines who were declared
insane or incompetent
Japzon v. COMELEC
Ty was a natural-born Filipino who migrated
to the United States and eventually became a citizen,
thereof. Prior to filing for his candidacy he had
already reacquired his Philippine citizenship in the
Philippine Consulate General in L.A and executed an
Oath of Allegiance to the Republic of the Philippines
and moved his domicile back to General Macarthur.
By taking his Oath of Allegiance to the
Republic, Ty reacquired his Philippine citizenship.
And by renouncing his American citizenship before a
notary public, he resultantly, became a pure
Philippine citizen again. His intent to establish a new
domicile was manifested when he indicated
aforementioned address in his Philippine passport
application, his voters registration, as well as in his
Community Tax Certificate.
6. Prohibited qualifications: literacy
Constitutional enumeration of the classes of
citizens who shall enjoy suffrage is final &
exclusive of all other class.
Under the colonial rule of Sec.14 of Act No. 1582
(1907) Foreign language test: Speaking, writing
& reading in English or Spanish is a qualification
for suffrage

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1973 Consti abolished the literacy requirement
Reason for its abolishment of literacy
requirement: trend of broadening electoral base
lowering voting age to 18, USdeclared
unconstitutional any law w/c imposes literacy
requirement
7. Voting by illiterates and disabled in the 1987
Constitution
Fr. Bs stand:
a)
literacy is not proper measure of intelligence,
communication thru radio now has been able to
inform greatly even those who are illiterate
b)
illiteracy is governments fault & not allowing
them to vote due to that will make problems worse
since their voices will not be heard
c)
representative quality of the government is
determined by the voting base
8. Secrecy and sanctity of the ballot
solution: Congress to design a procedure for the
disabled & illiterates to vote w/o the assistance of
other persons. while waiting for the solution the
disabled & illiterates were still allowed to vote under
existing laws & Comelec rules to protect ballot
secrecy
9. Prohibited disqualifications: property
Act No 1582 (1907) Sec 14 Real property w/ value
of 500 pesos or paying 30 pesos or more annual tax
Under American law, property qualification not
specifically
prohibited
by
constitution
is
constitutional.
1935 Consti removed property qualification
Under present Phil Consti doctrine on republicanism
& social justice, property qualification for exercise of
civil or political rights is unconstitutional.
10. Prohibited qualifications: other substantive
requirements
Constitution forever bans legislature from
imposing any substantive qualification similar in
nature to literacy or property
Possess all qualifications & no disqualification is a
qualified voter, registration to vote is a mere process
11. Disqualifications: forfeiture of the right
Legislature may prescribe disqualifications as
provided by the Constitution
Enumeration of qualification is made exclusive by the
Constitution

Disqualifications are grounds for forfeiture of right to

suffrage
Sec 94 of CA 357 (1938) & Sec 99 RA 180 (1947)
prescribes disqualifications:
a)
Sentenced by final judgment to suffer 1yr or
more imprisonment, disability not removed by
plenary pardon
b)
Final judgment guilt of any crime against
property
c)
Violated allegiance to the Phils
d)
Insane, or feeble-minded
e)
Person who cannot prepare their ballots
themselves
As amended by Sec 75 of 1978 Election Code, PD 1269
& BP 881 to conform to 1973 Constitution:
a)
Final judgment of imprisonment of 1yr or above,
disability not removed by plenary pardon;
Provided, automatically reacquires right to vote after
5yrs from service of sentence
b)
Final judgment by court or tribunal of crimes of
disloyalty to government (rebellion, sedition, etc) or
crimes against national security, unless restored full
civil & political rights accdg to law; provided,
automatically reacquires right to vote after 5yrs from
service of sentence
c)
Insane or incompetent person as declared by
competent authority
Section 2. The Congress shall provide a system for
securing the secrecy and sanctity of the ballot as
well as a system for absentee voting by qualified
Filipinos abroad.
The Congress shall also design a procedure for the
disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall
be allowed to vote under existing laws and such
rules as the Commission on Elections may
promulgate to protect the secrecy of the ballot.

ARTICLE XIII: SOCIAL JUSTICE AND

HUMAN RIGHTS
Section 1. The Congress shall give highest priority
to the enactment of measures that protect and
enhance the right of all the people to human
dignity, reduce social, economic and political
inequalities, and remove cultural inequalities by

Ignorantia Legis: Constitutional Law II Digests

equitably diffusing wealth and political power for

the common good.
To this end, the State shall regulate the
acquisition, ownership, use, and disposition of
property and its increments.

Section 2. The Promotion of Social Justice shall

include the commitment to create economic
opportunities based on freedom of initiative and
self-reliance.
1. Towards social justice
2 Principal activities commanded to the State to
achieve Social Justice:
1)
Creation of more economic opportunities and
more wealth
2)
Closer regulation of the acquisition, ownership,
use, and disposition of property in order to achieve a
more equitable distribution of wealth and political
power.
Those who have less in life should have more in law,
but this doesnt mean the affluent are not protected to
abuse by the poor like squatters
Section 3. The State shall afford full protection to
labor, local and overseas, organized and
unorganized, and promote full employment and
equality of employment opportunities for all.
It shall guarantee the rights of all workers to selforganization,
collective
bargaining
and
negotiations, and peaceful concerted activities,
including the right to strike in accordance with
law. They shall be entitled to security of tenure,
humane conditions of work, and a living wage.
They shall also participate in policy and decisionmaking processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared
responsibility between workers and employers
and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to
foster industrial peace.
The State shall regulate the relations between
workers and employers, recognizing the right of
labor to its just share in the fruits of production
and the right of enterprises to reasonable returns
to investments, and to expansion and growth.
1. Right to strike
Social Security System Employees v. Court of
Appeals

Do the employees of the SSS have the right to

strike? Most of the laws that govern the SSS are silent
when it came to the right to strike until the air was
cleared out when the CSC issued memorandum no. 6
(law prescribes the right to strike)
The commissioners of the 1987 Constitution has
maintained that the right to strike does not come
automatically after ensuring the right to organize
The industrial peace act, RA 875, repealed by the
Labor Code PD 442 expressly banned strikes by
employees
in
the
Government
including
instrumentalities exercising governmental functions
E.O. 180 provided that the Civil Service Law and
rules governing concerted activities and strikes in the
government service shall be observed subject to any
legislation that may be enacted by Congress.
However, the same E.O. has relaxed the rule and
provided that the unions or associations may petition
the congress for better terms and conditions of
employment as well as negotiate with the appropriate
government agencies for the improvement of those
which are not fixed by the law
Section 4. The State shall, by law, undertake an
agrarian reform program founded on the right of
farmers and regular farmworkers who are
landless, to own directly or collectively the lands
they till or, in the case of other farmworkers, to
receive a just share of the fruits thereof. To this
end, the State shall encourage and undertake the
just distribution of all agricultural lands, subject
to such priorities and reasonable retention limits
as the Congress may prescribe, taking into
account ecological, developmental, or equity
considerations, and subject to the payment of just
compensation. In determining retention limits,
the State shall respect the right of small
landowners. The State shall further provide
incentives for voluntary land-sharing.
1. Agrarian reform
Must aim at:
1. Efficient production
2. More equitable distribution of land which
recognizes the right of farmers an regular
farm owners who are landless to own the land
they till
3. A just share of other or seasonal farm owners
in the fruits of the land
All agricultural land are under the scope of agrarian
reform

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Association of Small Landowners v. Sec. of
Agrarian Reform
ISSUES RESOLVED:
1. Locus standi
All these petitioners and intervenors
have standing because of each of them has
sustained or is in danger of sustaining an
immediate injury as a result of the acts or
measures complained of.
2. Eminent domain
This is the inherent power of the State
that enables it to forcibly acquire private
lands intended for public use upon payments
of just compensation to the owner. As such,
the legislature and the executive branch have
seen it fit to include in the CARP the
redistribution of private land
DAR prescribes just compensation in
the statute, it is NOT final and conclusive and
may still be objected to and brought to court
by interested parties.
Regarding money as the only means
for just compensation, this is only how just
compensation should be understood in the
traditional sense. It is the standard medium of
payment. However, we arent dealing with
the traditional exercise of the power of
eminent domain here. Were dealing with a
revolutionary kind of expropriation that will
affect all private agricultural lands as long as
they are in excess of the maximum retention
limits allowed. This will benefit the entire
Filipino nation.
Of course understood here already is
that the full payment of just compensation
also had to be made first before taking of the
property, in accordance with the provisions of
the Constitution. CARP conditions the transfer
of possession and ownership of the land to the
government on receipt of the landowner of
the payment/deposit by the DAR of the
compensation in cash or LBP bonds with an
accessible bank. Until then, the title remains
with the landowner.
3. Retention rights
Assuming the petitioners have not yet
exercised their retention rights, if any,
under PD 27, the Court holds that they
are entitled to new retention rights.

Maddumba v. GSIS
Can the GSIS be compelled to accept Land Bank
bonds at their face value?
Section 85 of RA 3844 as amended by P.D. 215 is
the law that provides for the use of bonds issued by
land bank to be accepted for the payment of shares of
stock or assets of government-owned or controlled
corporation
The Court ruled that the GSIS can be compelled to
accept the bonds at face value.
The arguments of the GSIS disregarded the
fact that the provisions of Section 85 were
designed to cushion the impact of
dispossession.
RA 3844 should be interpreted liberally since
this involves the sacrifice of the landowner by
expropriating his land. If we were to follow
what the GSIS wants it would reduce its
effective value that would further add burden
to the landowner.
The nature of the Land Bank bonds fortifies
the view that GSIS may be compelled to accept
it at its face value It is a certificate of
indebtedness approved by the Monetary
Board of the Central Bank.
NOTE: JUST COMPENSATION IN
AGRARIAN REFORM
Landowners right to just compensation should be
balanced with agrarian reform.
- Since land acquisition under either PD 27 or the
Comprehensive Agrarian Reform Law (CARL) is an
extraordinary method of expropriating private
property, the law must be strictly construed and
faithful compliance with its provisions must be
observed such as the need for notice.
The Concept of Just Compensation
- Includes not only correct determination of the
amount to be paid to the owners of the land, but also
payment within a reasonable period of time from
taking.
Luz Farms v. Secretary of Agrarian Reform
The court ruled that the requirements laid down in
the said provisions, as applied to lands used for
livestock, swine and poultry raising, are
unconstitutional. They are unreasonable for being
confiscatory and therefore violative of due process.
The deliberations of the ConCom of 1986 on the
meaning of agricultural in Sec. 4, Article XIII clearly

Ignorantia Legis: Constitutional Law II Digests

show that the framers never intended to include

livestock and poultry industry in the coverage of the
constitutionally-mandated program of agrarian
reform.
DAR v. DECS
- The subject lands were donated by Jalandoni to
DECS who thereafter leased the same to Anglo
Agricultural Corp. The subject properties were not
exempt from the coverage of RA 6657 (CARL) since
such lands were not actually, directly & exclusively
used for educational purposes. They were just leased
to Anglo Agricultural Corporation for the furtherance
of its business. As conceded by DECS, it was the
income from the contract of lease and not the subject
lands that was directly used for the repairs and
renovations of the schools in the locality

Archbishop vs. Secretary

Archbishop filed with the Municipal Agrarian Reform
District Office petitions for exemption from the
coverage of Operation Land Transfer
The laws simply speak of the "landowner" without
qualification as to under what title the land is held or
what rights to the land the landowner may exercise.
There is no distinction made whether the landowner
holds "naked title" only or can exercise all the rights
of ownership.
His claimed status as administrator does not create
another class of lands exempt from the coverage of PD
27 or RA 6657, and The Roman Catholic Apostolic
Administrator of Davao, Inc. does not create another
definition for the term "landowner."
Section 5. The State shall recognize the right of
farmers, farmworkers, and landowners, as well as
cooperatives, and other independent farmers'
organizations to participate in the planning,
organization, and management of the program,
and shall provide support to agriculture through
appropriate technology and research, and
adequate financial, production, marketing, and
other support services.
- Beyond the redistribution of land, the State must
ensure that redistributed land will be efficiently
productive and effectively beneficial for all
concerned
Section 6. The State shall apply the principles of
agrarian reform or stewardship, whenever
applicable in accordance with law, in the
disposition or utilization of other natural
resources, including lands of the public domain

under lease or concession suitable to agriculture,

subject to prior rights, homestead rights of small
settlers, and the rights of indigenous communities
to their ancestral lands. The State may resettle
landless farmers and farmworkers in its own
agricultural estates which shall be distributed to
them in the manner provided by law.
Section 7. The State shall protect the rights of
subsistence fishermen, especially of local
communities, to the preferential use of the
communal marine and fishing resources, both
inland and offshore. It shall provide support to
such fishermen through appropriate technology
and research, adequate financial, production, and
marketing assistance, and other services. The
State shall also protect, develop, and conserve
such resources. The protection shall extend to
offshore fishing grounds of subsistence fishermen
against foreign intrusion. Fishworkers shall
receive a just share from their labor in the
utilization of marine and fishing resources.
- The reach of agrarian reform extends beyond private
agricultural land to other natural resources even
including the use and enjoyment of communal marine
and fishing resources and offshore fishing grounds.
Section 8. The State shall provide incentives to
landowners to invest the proceeds of the agrarian
reform program to promote industrialization,
employment creation, and privatization of public
sector enterprises. Financial instruments used as
payment for their lands shall be honored as equity
in enterprises of their choice.
- The relation between industrialization and agrarian
reform should be mutually beneficial. Agrarian reform
should unlock idle wealth hidden in land for
investment in industrialization and industrialization
itself among other benefits should be able to absorb
farmworkers released from farms because of
mechanization. The improvement of both should
result in enhancement of human dignity

URBAN LAND REFORM AND HOUSING

Section 9. The State shall, by law, and for the
common good, undertake, in cooperation with
the private sector, a continuing program of
urban land reform and housing which will
make available at affordable cost, decent
housing and basic services to under-

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privileged and homeless citizens in urban
centers and resettlement areas. It shall also
promote adequate employment opportunities
to such citizens. In the implementation of
such program the State shall respect the
rights of small property owners.
Section 10. Urban or rural poor dwellers shall
not be evicted nor their dwelling demolished,
except in accordance with law and in a just
and humane manner.
No resettlement of urban or rural dwellers
shall be undertaken without adequate
consultation with them and the communities
where they are to be relocated.
- reform carries the meaning not just urban land
use but the equitable land distribution as well.
- urban land reform not just zoning but
expropriation
- in dealing with squatters there should be an
assurance that every relocation process must be
preceded by consultation with the dwellers to be
relocated and to the community that they will be
relocated to
- eviction or demolition shall be discouraged
however may be allowed under the following
situations:
1) when persons occupy danger areas
2) when govt structure with available funding are
about to be implemented
3)when there is a court order of eviction
Some mandatory process in eviction:
1) notice to dwellers at least 30 days prior to
eviction
2) adequate consultation
3) presence of local govt
4) Proper identification of those involved
5) execution of demolition during office hours
6) no use of heavy equipment
7) proper uniform of frontline PNP
8)adequate relocation
HEALTH
Section 11. The State shall adopt an
integrated and comprehensive approach to
health development which shall endeavor to
make essential goods, health and other social
services available to all the people at
affordable cost. There shall be priority for the

needs of the under-privileged, sick, elderly,

disabled, women, and children. The State
shall endeavor to provide free medical care to
paupers.
Section 12. The State shall establish and
maintain an effective food and drug
regulatory system and undertake appropriate
health, manpower development, and
research, responsive to the country's health
needs and problems.
Section 13. The State shall establish a special
agency for disabled person for their
rehabilitation, self-development, and selfreliance, and their integration into the
mainstream of society.
WOMEN
Section 14. The State shall protect working
women by providing safe and healthful
working conditions, taking into account their
maternal functions, and such facilities and
opportunities that will enhance their welfare
and enable them to realize their full potential
in the service of the nation.
ROLE AND RIGHTS OF PEOPLE'S
ORGANIZATIONS
Section 15. The State shall respect the role of
independent people's organizations to enable
the people to pursue and protect, within the
democratic framework, their legitimate and
collective interests and aspirations through
peaceful and lawful means.
People's organizations are bona
fide associations of citizens with
demonstrated capacity to promote the public
interest and with identifiable leadership,
membership, and structure.
Section 16. The right of the people and their
organizations to effective and reasonable
participation at all levels of social, political,
and economic decision-making shall not be
abridged. The State shall, by law, facilitate the
establishment of adequate consultation
mechanisms.
HUMAN RIGHTS

Ignorantia Legis: Constitutional Law II Digests

Section 17. (1) There is hereby created an

independent office called the Commission on
Human Rights.
(2) The Commission shall be composed of a
Chairman and four Members who must be
natural-born citizens of the Philippines and a
majority of whom shall be members of the
Bar. The term of office and other
qualifications and disabilities of the Members
of the Commission shall be provided by law.
(3) Until this Commission is constituted, the
existing Presidential Committee on Human
Rights shall continue to exercise its present
functions and powers.
(4) The approved annual appropriations of
the Commission shall be automatically and
regularly released.
Section 18. The Commission on Human Rights
shall have the following powers and
functions:
(1) Investigate, on its own or on complaint by
any party, all forms of human rights violations
involving civil and political rights;
(2) Adopt its operational guidelines and rules
of procedure, and cite for contempt for
violations thereof in accordance with the
Rules of Court;
(3) Provide appropriate legal measures for
the protection of human rights of all persons
within the Philippines, as well as Filipinos
residing abroad, and provide for preventive
measures and legal aid services to the underprivileged whose human rights have been
violated or need protection;
(4) Exercise visitorial powers over jails,
prisons, or detention facilities;
(5) Establish a continuing program of
research, education, and information to
enhance respect for the primacy of human
rights;
(6) Recommend to Congress effective
measures to promote human rights and to
provide for compensation to victims of
violations of human rights, or their families;
(7) Monitor the Philippine Government's
compliance with international treaty
obligations on human rights;

(8) Grant immunity from prosecution to any

person whose testimony or whose possession
of documents or other evidence is necessary
or convenient to determine the truth in any
investigation conducted by it or under its
authority;
(9) Request the assistance of any department,
bureau, office, or agency in the performance
of its functions;
(10) Appoint its officers and employees in
accordance with law; and
(11) Perform such other duties and functions
as may be provided by law.
Section 19. The Congress may provide for
other cases of violations of human rights that
should fall within the authority of the
Commission, taking into account its
recommendations.
Carino vs CHR
CHR does not have the power to resolve cases on the
merits because it is a judicial function it only has
investigative powers. It has no quasi-judicial
functions. The teachers can appeal to DECS, CSC and
eventually to the SC
EPZA vs CHR
The provision in the Constitution allowing the CHR to
provide preventive measures and legal aid services
cannot be construed as including the powerto issue
TRO or writs of injuction. Powers are merely
investigatory not judicial
Simon Jr. vs CHR
It was not the intention of the constitution that the
CHR be another judicial or non-judicial tribunal. The
contempt power of the CHR is still within the
investigatory powers. The creation of the CHR was
meant to investigate serious human rights violations
(political
detainees,
prevention
of
torture,
disappearances etc)
CHR does not enjoy fiscal autonomy for it is not a
constitutional commission

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ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY,
ARTS, CULTURE AND SPORTS
EDUCATION
Section 1. The State shall protect and promote
the right of all citizens to quality education at
all levels, and shall take appropriate steps to
make such education accessible to all.
MEYER vs. NEBRASKA
A Nebraska statute prohibited the teaching of
foreign languages to students unless they have
already passed the 8th grade; violation of such
rule amounts to a misdemeanor and is
punishable by fine and imprisonment.
- The intent of the law apparently was to curb the
baneful effects of the settlement of foreigners
who rear their children in their native tongue and
inculcate ideas inconsistent w/ American ideals.
- While the intent of the law is valid, the means
employed is arbitrary. It infringes upon the right
to liberty w/c includes the right of parents and
teachers to instruct the children as they deem
proper. Further, mere knowledge of the German
language cannot be said to be harmful. No
emergency has arisen that would require such a
drastic prohibition.
PIERCE vs. SOCIETY OF SISTERS
- The Compulsory Education Act required that
every parent or guardian of a child between 8-16
years old to send their children to a public school
for a certain period
- The Society of Sisters, a corporation w/c
engages in the business of primary and
secondary schooling and w/c owns considerable
educational facilities, assails the validity of the
law for violating the parents right to rear their
children.
- The law unreasonably interferes w/ the right of
the parents and guardians to direct the
upbringing and education of their students. The
idea of standardizing children by forcing them to
accept public instruction militates against the
fundamental principle of liberty.
- The duty to educate and rear children is
primarily vested in their parents; the State

merely has the subsidiary duty to educate and

rear the same. The parents have the right to
choose between public schools and private
schools for their children.
WISCONSIN vs. YODER
- Jonas Yoder and the other defendants, were
members of the Amish Religion who, against a
Wisconsin compulsory attendance law, refused
to send their children to high school either
private or public school after finishing the 8th
grade.
- It is true that the State has a paramount interest
and responsibility for the education of
its citizens; however, it must be subjected to a
balancing process whenever it conflicts w/ other
fundamental rights.
- In order to outweigh a legitimate claim to the
free exercise of religion and the right of
parenthood, the State must establish that there is
a compelling interest of great magnitude. That
burden has not been discharged in this case.
There is no proof that the Amish alternative
education causes any harm to the students; and
any argument that it deprives the children of
choice as well as the chance to be competent is
largely speculative. Despite their strangeness, the
Amish have proven that adherence to theirbeliefs
has allowed the Amish to survive for the last 3
centuries as productive and self-reliant citizens.
There is no compelling state interest involved
here.
GINSBERG vs. NEW YORK
- Ginsberg was operating Sams Stationery and
Luncheonette w/c also sold some magazines. He
was charged and convicted for having sold
girlie magazines on 2 separate occasions to
children less than 17 years old in violation of the
NY Penal Law. He attacks the validity of the
said law for impairing the right to liberty.
- The State has a legitimate interest in the wellbeing of its youth; and while it is true that the
custody and care of children reside first in their
parents, the State nevertheless has the
responsibility to protect the youth from things
that may impair their moral or ethical
development.

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Ignorantia Legis: Constitutional Law II Digests

- There is nothing in the statute to prevent a

parent from purchasing the magazine and
allowing his child to read it. But since parents
cannot always be expected to monitor the
children, reasonable regulation of the
sale of such material by the State is justified.
DECS vs. SAN DIEGO
- Diego, a graduate of Zoology from UE, four times
took the NMAT for entry to med school. He
flunked the exam as many times. He was barred
by the DECS from taking the NMAT the fifth time
on the basis of the Three Flunk Rule
- He challenges the constitutionality of the Three
Flunk Rule for violating his right to academic
freedom and quality education, as well as equal
protection.
- The Three Flunk Rule was laid down as a valid
exercise of the police power of the State as a
reasonable method of protecting the health and
safety of the public. In order to achieve its goal of
upgrading the selection of applicants to the
medical schools, the State may reasonably
prescribe such admission tests. It is the duty of
the State to ensure that the medical
profession, w/c affects the very lives of the
people, is not infiltrated by incompetents to
whom patients may unwarily entrust their lives.
NON vs. JUDGE DAMES
- Non and 12 other students of the Mabini College
were denied re-enrolment for having
participated in unruly mass actions w/o permits
from the school authorities resulting to the
disruption of classes
- The following doctrines have been laid down or
reiterated: The student does not shed his
constitutionally protected rights at the school
gate. The protection infavor of free speech, as
well as to due process, among other rights, is
similarly guaranteed to students.
- The exercise of free expression and assembly
cannot be used as basis for denying reenrollment. The imposition of disciplinary
sanctions requires observance of procedural due
process. The following must be observed:

1. students must be informed in writing of the

nature & cause of the accusations
2. they shall have the right to answer the charges,
w/ counsel should they so choose
3. they shall be informed of the evidence against
them
4. they shall have the right to adduce evidence in
their own behalf
5. school authorities must decide based on
evidence
6. penalty imposed must be proportional
- The contract between the school and the
student is not an ordinary contract; it is imbued
w/ public interest. The State has power to
supervise and regulate educational institutions
pursuant to its constitutional mandate
Section 2. The State shall:
(1) Establish, maintain, and support a
complete, adequate, and integrated system of
education relevant to the needs of the people
and society;
(2) Establish and maintain, a system of free
public education in the elementary and high
school levels. Without limiting the natural
rights of parents to rear their children,
elementary education is compulsory for all
children of school age;
(3) Establish and maintain a system of
scholarship grants, student loan programs,
subsidies, and other incentives which shall be
available to deserving students in both public
and private schools, especially to the underprivileged;
(4) Encourage non-formal, informal, and
indigenous learning systems, as well as selflearning, independent, and out-of-school
study programs particularly those that
respond to community needs; and
(5) Provide adult citizens, the disabled, and
out-of-school youth with training in civics,
vocational efficiency, and other skills.
Section 3. (1) All educational institutions shall
include the study of the Constitution as part of
the curricula.
(2) They shall inculcate patriotism and
nationalism, foster love of humanity, respect

Ignorantia Legis: Ignorantia Legis: Constitutional Law II Digests 11

for human rights, appreciation of the role of
national heroes in the historical development
of the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual
values, develop moral character and personal
discipline, encourage critical and creative
thinking, broaden scientific and technological
knowledge, and promote vocational
efficiency.
(3) At the option expressed in writing by the
parents or guardians, religion shall be
allowed to be taught to their children or
wards in public elementary and high schools
within the regular class hours by instructors
designated or approved by the religious
authorities of the religion to which the
children or wards belong, without additional
cost to the Government.
Section 4.(1) The State recognizes the
complementary roles of public and private
institutions in the educational system and
shall exercise reasonable supervision and
regulation of all educational institutions.
(2) Educational institutions, other than those
established by religious groups and mission
boards, shall be owned solely by citizens of
the Philippines or corporations or
associations at least sixty per centum of the
capital of which is owned by such citizens. The
Congress may, however, require increased
Filipino equity participation in all educational
institutions.
The control and administration of educational
institutions shall be vested in citizens of the
Philippines.
No educational institution shall be
established exclusively for aliens and no
group of aliens shall comprise more than onethird of the enrollment in any school. The
provisions of this subsection shall not apply
to schools established for foreign diplomatic
personnel and their dependents and, unless
otherwise provided by law, for other foreign
temporary residents.
(3) All revenues and assets of non-stock, nonprofit educational institutions used actually,
directly, and exclusively for educational

purposes shall be exempt from taxes and

duties. Upon the dissolution or cessation of
the corporate existence of such institutions,
their assets shall be disposed of in the
manner provided by law.
Proprietary educational institutions,
including those cooperatively owned, may
likewise be entitled to such exemptions,
subject to the limitations provided by law,
including restrictions on dividends and
provisions for reinvestment.
(4) Subject to conditions prescribed by law,
all grants, endowments, donations, or
contributions used actually, directly, and
exclusively for educational purposes shall be
exempt from tax.
State supervision and reasonable regulation
- power of the executive department exercised
by the Department of Education; power to see to
it that the subordinates act within the scope of
their authority. It does not mean control
- power of regulation means the power of rulemaking authority of the agency
Filipinization of schools
- Filipinizes ownership, control and
administration, and student population
- ownership of schools except those which are
established by religious groups and mission
boards shall be vested only in Filipino citizens or
in corporations 60% of the capital owned by
Filipinos
- schools established for foreign diplomatic
personnel and their dependents are exempt from
the rule of Filipinization ownership
Tax exemption
- exclusive torevenues and assets of non-stock,
non-profit schools
The source of the assets does not matter but the
usage of such fund
Section 5. (1) the State shall take into account
regional and sectoral needs and conditions
and shall encourage local planning in the
development of educational policies and
programs.

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Ignorantia Legis: Constitutional Law II Digests

(2) Academic freedom shall be enjoyed in all

institutions of higher learning.
(3) Every citizen has a right to select a
profession or course of study, subject to fair,
reasonable, and equitable admission and
academic requirements.
(4) The State shall enhance the right of
teachers to professional advancement. Nonteaching academic and non-academic
personnel shall enjoy the protection of the
State.
(5) The State shall assign the highest
budgetary priority to education and ensure
that teaching will attract and retain its
rightful share of the best available talents
through adequate remuneration and other
means of job satisfaction and fulfillment.

BOARD OF MEDICAL EDUCATION vs. JUDGE

ALFONSO
- Muslim-Christian College of Medicine, later renamed Rizal College of Medicine, was ordered by
the DECS to be closed down based on several
findings of the Commission on Medical Education.
- The courts have no business substituting its
judgment against that of the DECS and the
Medical Board regarding matters clearly w/in its
competence, unless there is grave abuse of
discretion. The records clearly indicate that there
is nothing to support the idea that the DECS
committed grave abuse of discretion; in fact it
was the respondent judge that was guilty thereof.
- The evaluating teams came from different
sectors of the medical field and have conducted
several studies, all approved by the Office of the
President. They also afforded the College ample
opportunities to improve its facilities but the
latter repeatedly failed.
CAPITOL MEDICAL CENTER vs. CA
Upon being denied, they postponed the final
semestral exam and influenced the students to
boycott the school and conduct mass
demonstrations. The school, upon due notice to
the DECS and DOLE was forced to

close down after the 1st semester. Thereafter, the

students and the teachers filed an action to
compel the school to re-open and admit them for
the 2nd semester alleging that it was a
contractual obligation of the school to allow them
enrollment for the next semester.
- While it is true that the school may not unduly
expel a student or refuse the latter enrollment
w/o a valid cause (academic deficiency or
violation of rules), nevertheless there is no
contract between the school and the students for
the former to remain open for the entire duration
of the students courses.
- It was improper for the trial court judge to have
issued an injunction for the school to re-open.
Injunctions mandate maintenance of the status
quo the status quo in this case was that the
school was closed down.
GARCIA vs. FACULTY ADMISSION COMMITTEE
Epicharis Garcia was admitted for certain
summer classes for credits in the Loyola School of
Theology,
All institutions of higher learning enjoy academic
freedom. It includes discretions as to
1. Who may teach,
2. What may be taught,
3. How it is to be taught, and
4. Who may be admitted to study.
Academic freedom for the institution is
distinguished from the academic freedom of the
scholar w/c is the freedom to discover, publish,
and teach the truth as he sees fit in the field of
ones competence. Academic freedom likewise
includes discretion as to the tenure of the
academic staff as well as the allocation of
income among different categories of
expenditure.
LUPANGCO vs. CA
(PRC) issued Res. No. 105, w/c prohibits
examinees from attending review classes or
briefings or from receiving handouts, tips, or
review materials from their schools or review
centers w/in 3 days before the licensure
examinations. The examinees thus sue to annul
the said Resolution.

Ignorantia Legis: Ignorantia Legis: Constitutional Law II Digests 13

The Resolution is arbitrary and unreasonable
and infringes upon academic freedom. The PRC
had no authority to dictate upon the examinees
how to prepare themselves for the exams, or to
restrain them from taking lawful steps to fulfill
their ambitions. Nor can they interfere w/ the
conduct of reviews by the schools unless the
instructions are found to be impractical or
riddled w/ corruption. The PRC should find the
sources of the leakages and stop them right then
and there; but they cannot interfere w/ the
legitimate means of preparing for exams.
UNIVERSITY OF SAN CARLOS vs. CA
Jennifer Lee filed a case for mandamus to compel
the University of San Carlos to confer upon her
the Degree of BS Commerce major in Accounting,
cum laude.
Schools are given ample discretion to formulate
rules and guidelines in granting honors for
graduation. This is guaranteed by their academic
freedom and their discretion may not be
disturbed by the courts unless there is grave
abuse of discretion.
Even assuming that she had her failing grades
removed, it is still discretionary upon the school
whether they it should confer upon her academic
honors.
REYES vs. CA
The UP College of Medicine (UPCM) prescribed a
passing rate of 70% in the NMAT as the cut-off
score for admission to the College of Medicine; it
was approved by the University Council (UC).
Later on, the UPCM changed the passing score to
90% w/o the approval of the UC.
The students filed a case for Injunction before the
RTC, and while the same was pending, they were
admitted and had, in fact, completed 3 years
already.
The students then wrote to the UPCM
manifesting that they never intended to question
the facultys right to academic freedom and left
the case for the humanitarian consideration of
the same; they also sought the dismissal of the
case before the RTC.
The BOR, invoking its plenary power regarding
matter affecting university affairs, approved.

The UC alone, not the Dean or the UPCM, has the

right to protest against any unauthorized
exercise of its power. This is by virtue
of an express provision of law.
MIRIAM COLLEGE vs. CA
Members of the editorial board of Chi-Rho, the
school publication of Miriam College, published
the article Libog w/c was described by the
Miriam College community as obscene, sexually
explicit, vulgar, and the like.
Complaints against the students responsible for
the article have been filed; the students invoke
Sec. 7 of the Campus Journalism Act
Imposing discipline is not only the right but also
the duty of the school. It is inherent in academic
freedom that the school be allowed to determine
who among its students deserve sanction and to
establish rules and regulations therefor. The
power to investigate is adjunct to the power to
suspend or expel. It is inherent in academic
freedom. Thus Miriam College has the right to
hear and decide the case. Also, it is axiomatic that
the right to free expression is not absolute,
whether exercise w/in school premises
UP BOARD OF REGENTS vs. CA
William Margaret Celine was a candidate for
Ph.D. from UP. Dean Paz requested from the
Board of Regents (BOR) the exclusion of her
name from the list of graduating students
pending clarifications about her dissertation, but
her letter did not reach the BOR on time; thus
Celine was able to graduate. Upon thorough
investigation by the External Review Panel
composed of senior faculty, it was found out that
her dissertation contained at least 90 instances of
plagiarism. The College Assembly and University
Council unanimously approved the withdrawal of
her Ph.D. She then filed a case for mandamus
before the RTC of Quezon City to compel UP to
restore her Ph.D. A writ of mandamus cannot
issue against UP w/o violating its right to
academic freedom. The university has the right to
determine upon whom it can confer the honor
and distinction of being its graduates. If it is
shown that the conferment was obtained through
fraud, the university has the right to withdraw or

14

Ignorantia Legis: Constitutional Law II Digests

revoke the honor. Celine was likewise afforded

her right to be heard because she was present
during the investigations.
TAN vs. CA
There was a bitter conflict between parents and
school administration to such an extent that one
of the parents spit in the face of the Vice
Principal. The school refused to admit the
children of the adversarial parents. Where
relations between parents and children on the
one hand and school administrators and teachers
on the other have deteriorated to the level here
exhibited, the private school may, in the interest
of everyone, including the adversarial parents
and their children, require that their students be
enrolled elsewhere. To rule otherwise would
unduly jeopardize the morally conducive and
orderly educational environment, to the
detriment of the students. It is comparable to
certain labor disputes where relations have
become so strained as to make reinstatement an
unfeasible solution.
LANGUAGE
Section 6. The national language of the
Philippines is Filipino. As it evolves, it shall be
further developed and enriched on the basis
of existing Philippine and other languages.
Subject to provisions of law and as the
Congress may deem appropriate, the
Government shall take steps to initiate and
sustain the use of Filipino as a medium of
official communication and as language of
instruction in the educational system.
Section 7. For purposes of communication and
instruction, the official languages of the
Philippines are Filipino and, until otherwise
provided by law, English.
The regional languages are the auxiliary
official languages in the regions and shall
serve as auxiliary media of instruction
therein.
Spanish and Arabic shall be promoted on a
voluntary and optional basis.
Section 8. This Constitution shall be
promulgated in Filipino and English and shall
be translated into major regional languages,
Arabic, and Spanish.

Section 9. The Congress shall establish a

national language commission composed of
representatives of various regions and
disciplines which shall undertake, coordinate,
and promote researches for the development,
propagation, and preservation of Filipino and
other languages.
SCIENCE AND TECHNOLOGY
Section 10. Science and technology are
essential for national development and
progress. The State shall give priority to
research and development, invention,
innovation, and their utilization; and to
science and technology education, training,
and services. It shall support indigenous,
appropriate, and self-reliant scientific and
technological capabilities, and their
application to the country's productive
systems and national life.
Section 11. The Congress may provide for
incentives, including tax deductions, to
encourage private participation in programs
of basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of
incentives shall be provided to deserving
science students, researchers, scientists,
inventors, technologists, and specially gifted
citizens.
Section 12. The State shall regulate the
transfer and promote the adaptation of
technology from all sources for the national
benefit. It shall encourage the widest
participation of private groups, local
governments, and community-based
organizations in the generation and
utilization of science and technology.
Section 13. The State shall protect and secure
the exclusive rights of scientists, inventors,
artists, and other gifted citizens to their
intellectual property and creations,
particularly when beneficial to the people, for
such period as may be provided by law.
ARTS AND CULTURE
Section 14. The State shall foster the
preservation, enrichment, and dynamic
evolution of a Filipino national culture based
on the principle of unity in diversity in a

Ignorantia Legis: Ignorantia Legis: Constitutional Law II Digests 15

climate of free artistic and intellectual
expression.
Section 15. Arts and letters shall enjoy the
patronage of the State. The State shall
conserve, promote, and popularize the
nation's historical and cultural heritage and
resources, as well as artistic creations.
Section 16. All the country's artistic and
historic wealth constitutes the cultural
treasure of the nation and shall be under the
protection of the State which may regulate its
disposition.
Section 17. The State shall recognize, respect,
and protect the rights of indigenous cultural
communities to preserve and develop their
cultures, traditions, and institutions. It shall
consider these rights in the formulation of
national plans and policies.
Section 18. (1) The State shall ensure equal
access to cultural opportunities through the
educational system, public or private cultural
entities, scholarships, grants and other
incentives, and community cultural centers,
and other public venues.
(2) The State shall encourage and support
researches and studies on the arts and
culture.
SPORTS
Section 19. (1) The State shall promote
physical education and encourage sports
programs, league competitions, and amateur
sports, including training for international
competitions, to foster self-discipline,
teamwork, and excellence for the
development of a healthy and alert citizenry.
(2) All educational institutions shall
undertake regular sports activities
throughout the country in cooperation with
athletic clubs and other sectors.
ARTICLE XV
THE FAMILY
Section 1. The State recognizes the Filipino
family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity
and actively promote its total development.

Section 2. Marriage, as an inviolable social

institution, is the foundation of the family and
shall be protected by the State.
Section 3. The State shall defend:
(1) The right of spouses to found a family in
accordance with their religious convictions
and the demands of responsible parenthood;
(2) The right of children to assistance,
including proper care and nutrition, and
special protection from all forms of neglect,
abuse, cruelty, exploitation and other
conditions prejudicial to their development;
(3) The right of the family to a family living
wage and income; and
(4) The right of families or family associations
to participate in the planning and
implementation of policies and programs that
affect them.
Section 4. The family has the duty to care for
its elderly members but the State may also do
so through just programs of social security.