NOTES FOR DISCUSSION Principles and State Policies (Article II)

Principles it is a standard to be observed because it is required by justice, fairness or other

dimensions of morality.
Section 1 democratic and republican state; sovereignty resides in the people and all
government authority emanates from them.
Relate to the Preamble
o What is the preamble for?
o Bears witness to the fact that constitution is the manifestation of the sovereign
will of the Filipino people
Relate to Article V Suffrage
Article VI- Section 1 legislative power vested in Congress
o Not a pure democracy
o True that people are possessors of sovereign power but they exercise it through
their elected representatives
o Their participation in the government consists of:
Suffrage
Plebiscite
Initiative and referendum
Recall
o Features of republicanism
Government of laws and not of men
Villavicenio v. Lukban
Periodic holding of elections
Principle of separation of powers and checks and balances
Legislature cannot pass or enact irrepealable laws
Principle of transparency and accountability
Bill of rights
Section 2 a) renunciation of war; b) adoption of the generally accepted principles of
international law; c) adherence to the policy of peace, freedom, and amity with all nations
Relate to the UN Charter, Article 2(4): refrain from the use of force or the threat of force
o Exceptions:
Article 51, individual and collective self-defense
Chapter VII, UN Security Council Resolution on the use of force
Kellogg Brian Pact
Doctrine of Incorporation
o International law has also the force of domestic law
o Can be used to settle domestic disputes
o Principle of incorporation differentiate from principle of transformation
Applies only to customary laws and those treaties which have become part
of customary law (even if not ratified by the states)
Which of the generally accepted principles that the country accepts?
Can be done by the courts
Mejoff v. Director of Prisons (CB)
Kuroda v. Jalandoni (CB)
Agustin v. Edu (CB)
Ichong v. Hernandez
Gonzales v. Hechanova
Section 3 civilian supremacy at all times; military as the protector of the people and the state;
goal: secure sovereignty and integrity of the national territory.

Relate to Article VII, Section 18 powers of the President as Commander-in-Chief

Relate to Article XVI, Section 4 composition of the Armed Forces of the Philippines
Section 5: provisions on the Armed Forces; take note especially of the paragraphs 2 and 4
Relate to Article XVI, Section 6 maintenance of one police force which is national in
scope and civilian in character. The local government unit executives have authority over
it.

Section 4 government as protector of the people and people as defenders of the state
Government as servants of the people and not vice versa
The people may by law be required to render personal (not proxy) military or civil
service
o People vs. Lagman(CB); People vs. Manayao (CB)
o Under conditions provided by law
o Congress may pass a law which can provide also for flexibility in cases of
conscientious objectors
The person refuses to render military service because his religion or
religious beliefs prohibits them from carrying or firing guns or for saluting
the flag
Ebralinag v. School Superintendent of Cebu, 219 SCRA 256
Section 5 What are the blessings of democracy?
This is a new provision under the 1987 constitution.
Hierarchy of rights: Life, liberty, and then property
Section 6 Separation of church and state
Reinforced by:
o Article III, Section 5
o Article IX-C religious sect cannot be registered as a political party
o Article VI, Section 5 (2)- no sectoral representative from the religious sector
o Article VI, Section 29 (2) prohibition against appropriation for sectarian benefit
Article VI, Section 28 (3) ADE exempted from real property tax
Article VI, Section 29 (2) appropriation for the salaries of those working
in government facilities and institutions
Article XIV, Section 3(3) optional religious instruction for public and
high school students
Article XIV, Section 4(2) Filipino ownership for educational institutions
excepts for those established by religious groups and missions
Aglipay v. Ruiz
Here the benefit derived by religion from the expenditure of public
funds is merely incidental to the public purpose.
Policy a standard which sets out a goal to be reached, generally an improvement in economic,
political and social features of the community.
Section 7 independent foreign policy. The paramount consideration shall be:
National sovereignty
Territorial integrity
National interest
Right to self-determination
Section 8 freedom from nuclear weapons
Relate to Article XVIII, Section 4 treaties and international agreements
Relate to Article XVIII, Section 25 expiration of the Bases Agreement
o What is covered by the ban?

Includes nuclear testing in our territory not only manufacturing,

possessing or controlling
Not a ban to the peaceful uses of nuclear Energy
Not a ban to nuclear capable vessels
It must be actually carrying nuclear weapons
What is the exception to the policy and who shall determine that under the
circumstance such exception should be made?
Read and analyze the implications of EDCA.

o
o
o
o
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Section 9 - Just and Dynamic Social Order

Relate to the Preamble
Relate to Article XII, Section 1 the goals of the national economy
Section 10 - A just and dynamic social order
It aims to ensure the following:
o Prosperity and independence of the nation
o Free the people from poverty through policies that provide adequate social
services
o Promote full employment
o Promote a rising standard of living
o Promote improved quality of life for all
Relate again to the Preamble
Relate to Article XII, Section 1 the goals of the national economy
o A more equitable distribution of opportunities, income and wealth
o A sustained increase in the amount of goods and services produced by the nation
for the benefit of the people
o An expanding productivity
Section 11 promotion of social justice
Definition of Social Justice
o Calalang v. Williams
Relate to Article XIII, Section 1 priority must be given to the right of the people to
human dignity and reduction of inequality
Relate to Article XIII, Section 2
Relate to Article II, Section 26
Relate to Article VII, Section 13, par 2 prohibition on the appointment of spouses and
relatives within the 4th degree of consanguinity or affinity
Relate to Article IX, B, Section 7 - ban on appointment to any other office during tenure
of elective officials
Relate to Article XIII, Section 17, 18 and 19 the creation of the Commission on Human
Rights, with the enumeration of their powers and functions.
o CHR has no power to adjudicate
o Only the power to investigate and file cases in court
Section 12 sanctity of family life and protection of the family
Family refer to hetero-sexual relationship
o Basic anterior to the state and not a creation of the state
o Autonomous from the state
o What about same sex marriage?
Protection to the life of the mother and the unborn
o Republic Act No. 10354- Reproductive Health Law
When does life begins?

At the moment of conception? Conception takes place at the

moment of fertilization
At the moment when the fertilized egg embedded itself in the
uterus of a woman?
Can the Supreme Court decide this issue?
o Bernas: the constitution did not pin-point the exact moment
when conception takes place
o Roe v. Wade: the US Supreme Court did not decide on the
issue. The Texas statutes make procuring an abortion a
crime except by medical advice for the purpose of saving
the life of the mother. Jane Roe alleged that she was
unmarried and pregnant and that she was unable to get
legal abortion in Texas because her life did not appear to
be threatened by the continuation of her pregnancy.
Legal basis is the right to privacy, zones of privacy
based on the provisions of the constitution on
freedom of expression and personal liberty under
the right against unreasonable search and seizures
The state compelling interest in the health of the
mother, the compelling point in the light of the
present medical knowledge, is at the first trimester.
For the period of pregnancy prior to the compelling
point the state cannot impose regulation, if the
mother decides to have abortion, after prior
consultation with her physician
With respect to potential life, the compelling point
is placed at about seven months (28 weeks) but may
occur earlier at 24 weeks. The fetus then
presumably has the capability of meaningful life
outside the mothers womb. After that period of
time, the state may impose regulation protective of
fetal life after that period, except when it is
necessary to preserve the life and health of the
mother.
It does not say that the unborn is a legal person.
o Article 41 of the NCC: For civil purposes, the fetus is
considered born if it is alive at the time it is completely
delivered from the mother womb. However, if the fetus had
an intrauterine life of less than seven months, it is not
deemed born if it dies within twenty four hours after its
complete delivery from the maternal womb.
It does not assert that the life of the unborn is placed on exactly the
same level as the life of the mother.
Natural right and duty of parents
o Pierce v. Society of Sisters (CB)
o Wisconsin v. Yoder (CB)

Section 13 vital role of youth in nation building

National youth Commission
SK Elections
Section 14 the role of women in nation building and fundamental equality between women and
men
Relate to Article XIII, Section 14 protection to working women

Relate to Article XIII, Section 11 integrated and comprehensive approach to health

development, priority among others must be given to women
Relate to RA 7192 Women in Development and Nation Building Act
Relate to RA 9262 Anti Violence Against Women and Children
Relate to R.A. 8353 Anti Rape Law of 1997
Relate to RA 8505 Rape Victim and Assistance and Protection Act of 1998
Relate to RA 10354- The Reproductive Health Law

Section 15 promotion of health

Relate to Article XIII, Section 11
Relate to RA 7883 The Barangay Health Workers Benefits and Incentives Act of 1995
February 20, 1995
Relate to RA 8344- Act Penalizing the Refusal of Hospitals to Administer Appropriate
Initial Medical Treatment
Relate to R.A. 9439 An Act Prohibiting the Detention of Patients in Hospitals and
Medical Clinics
Theres a Doctors for the Barrios Program of the Department of Health
Section 16 right of the people to balanced and healthful ecology
Relate to the case of Oposa v. Factoran the court affirmed that this provision is selfexecuting and justiciable.
o It is inter-generational, for the next generation to enjoy, not only the present
generation
LLDA v. Court of Appeals (2 cases) upheld the authority of the LLDA to protect the
inhabitants of Laguna Lake Area from the deleterious effects of pollutants coming from
garbage dumping; also the same exclusive authority to regulate the exploitation of
Laguna Lake, as against the claim of the municipalities around the lake.
MMDA v. Residents of Manila Bay December 18, 2008, MMDA as well as LGUs
have obligations under the Clean Water Act or under the Solid Waste Management Act
Section 17 priority to ESTACS
To foster patriotism, nationalism
To accelerate social progress
To promote human liberation and development
This is just a flagship provision for Article XIV. Section 1 states that 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.
o Right to quality education and even for free up to the secondary level
o But subject to the right of the school to impose reasonable standards and to make
education available only on the basis of merit
Villar v. Technological Institute of the Philippines, 135 SCRA 706
(1985) the school denied enrolment to those students activists who took
in mass protests and who, at the same incurred scholastic deficiencies. The
denial based on failures
of students in their academic subjects is valid but not if solely based on
their participation in the mass actions.
Togonan v. Cruz Pano, 137 SCRA 245 nursing student who was denied
readmission after she failed a subject during her previous provisional
admission. The SC upheld the right of schools of higher learning to choose
the students which it thinks could best achieve their goal of excellence and
truth, while affirming the right of students to quality education.

DECS v. San Diego, 180 SCRA 533 (1989) the SC upheld the DECS
three flunk rule for the NMAT exams. The SC reiterated the ruling in the
case of Tablarin v. Gutierrez, 152 SCRA 730

Section 18 protection to labor

This proclaims the primacy of the human factor over the non-human factors of
production. Primacy of human dignity over things
Relate to Article III, Section 8 the right to form unions and associations or societies for
purposes not contrary to law
Relate to Article XIII, Section 3 full protection to labor, the enumeration of the rights of
all workers.
Section 2(5), Article IX-B the right of self-organization of government employees
Protection to labor does not indicate promotion of employment alone. Of paramount
consideration also is the governments constitutional duty to provide mechanisms for
protection of the workforce, local or overseas; to ensure also that such employment be
above all, decent, just and humane. There is always the interplay of the police power of
the state being exercised vis--vis protection to labor.
o JMM Promotion and Management v. CA, 260 SCRA 319
o Philippine Association of Service Exporters v. Drilon, 163 SCRA 386
Section 19 self-reliant and independent national economy effectively controlled by Filipino
Relate this provision to the goals specifically enunciated in Article XII
Section 20 indispensable role of private sector
Relate to Article XII, Section 6
These provisions reveal that the economic policy of the Philippines is one closer to
socialism than capitalism. Balance the private sectors pursuit of profit with the concern
of the state to promote distributive justice.
The use of distributive justice is based on the Aristotelian notion of giving to each one
what is due him on the basis of personal worth and value, and not merely what he has
contracted for.
o Garcia v. BOI the BOI approved the transfer of the site of the petrochemical
plant from Bataan to Batangas and shift of feedstock from naphtha only to
naphtha and/or LPG. The plant was to be a joint venture between the PNOC and
the BPC which is a Taiwanese group. According to BOI, it is the investor which
has the final say as to the site and the feedstock to be used. The SC held that the
BOI gravely abused its discretion in approving the transfer. No cogent advantage
to the govt. by the transfer. Repudiation of the independent policy of the govt.
expressed in numerous laws and the constitution to run its own affairs the way it
deems best for the national interest.
Was it prudent for the court to venture into decisions by the executive that
affects economic policies. Was the court too interventionist in this regard?
o Tanada v. Angara, 272 SCRA 18 the WTO agreement does not violate Section
19, Article II nor Sections 10 and 12 of Article XII because the said sections
should be read in relation to section 1 and 13 of Article XII.
Pursuit of trade policy that serves the general welfare and utilizes all forms
and arrangements of exchange on the basis of equality and reciprocity
Sections of Article II are not self-executing; they do not embody judicially
enforceable rights, but merely guidelines for legislations
Here the court said that it lacks authority to wade into the uncharted ocean
of social and economic policy-making.
Section 21 promotion of comprehensive rural development and agrarian reform.
Relate to R.A. 6657 as amended by RA 9700.
Association of Small Landowners in the Phils. v. Sec. of the DAR

o Both an exercise of the police power and eminent domain

Section 22 promotion of the rights of indigenous cultural communities within the framework
of national unity and development.
Relate to Section 5(2) of Article VI sectoral representation in congress for
indigenous cultural communities
Relate to R. A. 8371 An Act to Recognize, Protect and Promote the Rights of
Indigenous Cultural Communities/Indigenous Peoples, Creating a National
Commission on Indigenous Peoples (NCIP)
o The City Govt. of Baguio City v. Atty. Brian Masweng et. al.
Section 23 - non-governmental, community-based or sectoral organizations that promote the
welfare of the nation
Relate with Section 15 and 16 of Article XIII
Section 24 the role of communication and information in nation-building.
Relate with Section 10 of Article XVI
Relate with Section 11 also:
o Ownership and management of mass media Wholly owned by Filipinos or
Filipino corporations
o Congress can regulate or prohibit monopolies in media
o No combination in restraint of trade or unfair competition
o Advertising industry 70% Filipino ownership; all executive and management
positions must be held by Filipino citizens
Section 25 the state shall ensure the autonomy of local government
The fulfillment of the mandate was placed in the hands of the legislature.
Relate to Article X
Congress enacted R. A. 7610 the Local Government Code
o Basco v. Pagcor
o Limbonas v. Mangelin
Section 26 guarantee equal access to opportunities for public service and prohibit political
dynasties as may be defined by law.
Relate to Section 13, Article VII prohibitions against the President, the VP, members of
the cabinet, their assistants and deputies.
Relate to Section 1 and 2 of Article XIII reduction of inequalities and equitable
distribution of wealth and political power for the common good; creation of economic
opportunities based on freedom of initiative and self-reliance
Section 27 honesty and integrity in the public service; take positive and effective measures
against graft and corruption
R. A. 3019 - Anti-Graft and Corrupt Practices Act
Office of the Ombudsman and the Sandiganbayan
Section 28 policy of full public disclosure of all transactions involving public interest
Complements the right of access to information on matters of public concern in Article
III, Section 7
Relate to Sections 12 and 20 of Article VI disclosure by the members of congress
Relate to Section 20, Article VII borrowing power of the President
Relate to Section 4, Article IX-D submission by the COA of report to congress and the
President regarding the financial condition and operation of the government
Relate to Sections 4-15 and 17 Article XI the role and powers of the office of the
Ombudsman and the graft court known as the Sandiganbayan.

Relate to Sections 12 and 21 Article XII contracting of foreign loans by the President
o Legaspi v. Civil Service Commission o Valmonte v. Belmonte
o Aguino-Sarmiento v. Morato o The Province of North Cotabato et. al. v. Govt of the Phils. Peace Panel

Prepared by:
JOSE EDMUND E. GUILLEN, LL.B.,LL.M.
Professorial Lecturer