Chapter 5
Article II
 Intention – To lay down the rules underlying our system of government and must
therefore be adhered to in the conduct of public affairs and the resolution of public
issues
 Purpose – To emphasize and articulate more unequivocally the object and limitations
of governmental action in pursuit of the general goals announced in the preamble
According to Supreme Court
 That it made clear most of its provisions are to be considered as “mere
legislative guides, which absent legislation, do not embody enforceable
constitutional rights”
 Not self-executing provisions are Article 5 (maintenance of peace and order),
Article 18 (labor as primary social economic force) and social justice
provisions (statements of principles and policies) that legislative enactment is
required
 Section 4 provides that citizens may be required to render personal military
or civil service “under conditions provided by law”
 Section 26 equal access to opportunities for public service, the definition of
“political dynasties” has been left to Congress that has been unable, or willing,
to implement this clear constitutional policy.
 Section 16 (people’s right to a balanced and healthful ecology) and Section 15
(right to health) “need not even written in the Constitution for they are
assumed to exist from the inception of human kind”.
o It has been inserted in the Constitution to give upon the state a
solemn obligation to preserve the first and protect and advance the
second.
 Section 28 (on the policy of public disclosure) “… it is merely directed to
provide for reasonable safeguards”
Preamble
“We the sovereign Filipino people, imploring the aid of Almighty God, in order to
build a just and human society and establish a Government that shall embody our ideals and
aspirations, promote the common good, conserve and develop our patrimony, and secure to
ourselves and our prosperity the blessings of independence and democracy under the rule
of law and regime of truth, justice, freedom, love equality and peace do ordain and
promulgate this Constitution.”
 It is couched not in the third person but in first
o It would deepen the sense of involvement and participation of the
individual citizens in the ordaining and promulgation of the
Constitution which is their handiwork.
 It is not considered a source of substantive rights
Purpose
o To introduce i.e, “to walk before” the Constitution
Function
o To indicate the authors of the Constitution, to wit, “we the sovereign
Filipino People”
 It enumerates the primary aims and expresses the aspirations of the framers
in drafting the Constitution
 Useful as an aid in the construction and interpretation of the text of the
Constitution
“Almighty God”
 The presence of “Almighty God” is believed to be indicative of the Filipino
people’s adherence to the notion of a Creator as integral component of their
respective religions
  The court described our nation as “Christians”
 Philippines hailed as “the bastion of Christianity in Asia” which
93 percent of a total population of 93.3 million” are adhering to the teachings
of Jesus Christ
 Presence of “Almighty God” in preamble lessens the significance of the Article
VI, Section 29 (2) which prohibits appropriations for sectarian purposes.
 Consitutions grants tax-exemptions to religious institutions
 Allows optional religious instruction in our public schools
 Full foreign ownership of religious schools
 Article XV, Section 3[1] provides that “State shall defend the right of spouses
to found a family in accordance with their religious convictions and the
demands of responsible parenthood”
 Prayers in government activities, including cabinet meetings, legislative
sessions and even court proceedings
 Estrada v Escritor is the dismissal of charges of immorality against the
respondent, Benevolent neutrality “gives room for accommodation of
religious exercises as required by the Free Exercise Clause” and “for
accommodation of morality based on religion, provided it does not offend
compelling state interest” that her “conjugal arrangement cannot be
penalized as she has made out a case for exemption from the law based on
her fundamental right to freedom of religion”
“Love”
 It is invoked by our Supreme Court in dispensing justice
Republicanism
Article II, Section 1 “The Philippines is a democratic and republican State. Sovereignty
resides in the people and all government authority emanates from them.”
 Description of the Philippines is that it is a Republican but also Democratic
state.
 Democracy – government by the people
“1987 Constitution accords to the citizens a greater participation in the affairs of
government.”
Peoples Initiatives
 Right to information on matters of public concern (including the right
to know the state of health of their President)
 Right to file cases questioning the factual bases for the suspension of
the privilege of writ of habeas corpus or declaration of martial law.
In Judicial Field
 Right to interfere in the affairs of government and
challenge any act tending to prejudice their interest
 People can directly propose and enact law or approve or reject any
act or law or part thereof passed by the congress
 Directly propose amendments to the Constitution on initiative
 Encourages non-governmental, community based, or sectoral
organizations that promote the welfare of the nation
 No law shall be passed abridging the right of the people, including
those unemployed in the public and private sector
 To form unions, associations and societies for purposes not contrary
to law
 The role of independent people’s organization shall be respected
  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.  Citizenry is recognized as the origin and also the restriction of all government
authority

The State shall facilitate the establishment of adequate consultation mechanism

Republic

 Representative government
 Purposes of administrative decentralization to strengthen the
autonomy of the units therein and to accelerate the economic and  Government run by and for the people
social growth and development of the units in the region shall be  Ascendancy1 of the law is axiomatic2 and must be recognized by every public
provided for by the President. official no matter how exalted3

 The Organic act for each autonomous region shall be enacted with the
assistance and participation of a regional consultative commission
composed of representatives appointed by the President from a list of
nominees from multisectoral bodies.
 The President shall consult with the appropriate public agencies,
various private sectors, and local government units, for purposes of
recommending to Congress, and implementing continuing integrated
and coordinated programs and policies for national development
 The Congress may create a consultative body to advise the President
on policies affecting indigenous cultural communities; the majority of
the members shall come from the communities.
People are Declared Supreme
 Every citizen is an individual repository of sovereignty
Essence
o Representation and Renovation
Republican Government – is a responsible government whose officials hold and
discharge their position as a public trust and shall at all times be accountable to the
people they are sworn to serve.
Purpose
 Is the promotion of the common welfare according to the will of the
people themselves. Determined by the greater number of the people,
rule of the majority.
Congress
 In election, the winners are those who receive highest number of
votes in their respective constituencies, or a mere plurality
 Suspension or expulsion of the Congress requires two-thirds of the
members of the House to which he belongs.

 Justice Laurel “an enfranchised citizen is a particle of popular sovereignty and

is the ultimate source of established authority”
1 occupation of a position of dominant power or influence.
2 self-evident or unquestionable.
3 in a state of extreme happiness.
 Sandigandabayan
 The dissent of one member will prevent a decision of the other two members
of the division as a unanimous vote is required for decision
 Individual can be “majority of one” when protected by the bill of rights.
Nobility of intention is insufficient to validate an unauthorized act
 Villavicencio v. Lukban, when mayor of manila deported 170 prostitutes to
Davao to protect the morals and health of the people. The Supreme Court
condemns his act because there it is not authorized by any law or even an
ordinance.
Defense of the State
Section 4 – The primed duty of the Government is to serve and protect the people.
The Government may call upon the 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
 Based upon the inherent right of every State to existence and self-
preservation.
 To repel threat to its security
Article XVI, Section 4, the armed forces of the Philippines shall “be composed of a
citizen armed force which shall undergo military training and serve, as may be
provided by law”
People vs Lagman and People vs. Zosa- refusal to register for military training as
required by the above mentioned statute.
Zosa – He was fatherless and had a mother and eight brothers to support
Lagman – He had a father to support, had no military leanings, and did not
wish to kill or be killed
Supreme Court affirmed their conviction
“The National Defense Law, in so far as it established compulsory
military service, does not go against this constitutional provision but is, on the
contrary, in faithful compliance therewith. …”
 The duty to defend the State is imposed upon all citizens, including women.
 Those scruples about taking of human life because of sincere conscientious or
religious will be assigned in non-combat or civil duties
Peace and Order
Section 2 – The Philippines renounces war as an instrument of national policy, adopts
the generally accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom cooperation and amity with all
nations.”
Doctrine of Incorporations
 Our membership in family relations that is bound in the generally accepted
principles of international law is considered to be automatically part of its
own laws.
 Some decision of Supreme Court has applied the rules of international law.
Pharmaceutical and Health Care Association v. Health Secretary
 International law can be part of the sphere of domestic law either
transformation or incorporation under the 1987 Constitution.
Transformation – is a method that requires an international law be
transformed into a domestic law through constitutional mechanism such as
local legislation.
Example of this are: Treaties or conventional international, however
for them to be valid effective it needs at least two-thirds of all the members of
the senate to concur. For it to be transformed into municipal law.
Incorporation – It is applied when by constitutional declaration, international
law is deemed to have force of domestic.
 Mijares v. Ranada
“generally accepted principles of international law, by virtue of the
incorporations clause of the Constitution, form part of the laws of the land even if
they do not derive from treaty obligations.”
Examples are “renunciation of war as an instrument of national policy, the p
rinciple of sovereign immunity, and pacta sunt servanda, among others”
Kuroda v. Jalandoni – Petitioner challenged the jurisdiction of the military mission
because the Philippines was not cover by the Hague Convention. However, the Supreme Court
rejected his argument because the convention embodied generally accepted principles of
international law that are binding upon all States.
Agustin v. Edu – A challenge against the constitutionality of a Letter of Instruction,
requiring warning devices for all motor vehicles, it was dismissed because according to the
Supreme Court that the Letter of Instruction is recognized by international bodies concerned
with traffic safe in the 1968 Vienna Convention on Road Signs and Signals and the United
Nations Organization which was ratified by the Philippine Government.
Hence, generally accepted principles of international law can be relied upon even for
purposes of interpreting municipal legislation or issuance
Amparo rule - Supreme Court applied and adopted the International Convention for
the Protection of All Persons from Enforced Disappearances for purposes of defining the
concept of enforced disappearances
Conflict between International law and Municipal Law
 They should take effort to harmonize them to give effect to both.
Co Kim Chan v. Valdez Tan Keh – argues that the Mac Arthur Proclamation of
October 23, 1944 is invalidating “all law, regulations and processes” of the
Occupation government the Supreme court did not agree and declared that all
judgement and proceedings which are not of a political complexion4 of the de
facto government during the Japanese military occupation remained so after the
occupied territory had come again into the power of the titular5 sovereign…”
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the general aspect or character of something.
5 8
holding or constituting a purely formal position or title without any real authority.
If the two are reconcilable how is the problem resolved?
Ichong v. Hernandez – petitioner asked for invalidation of the Retail Trade
Nationalization Act on the ground that it contravened several treaties concluded by us which
under rule of pacta sunt servanda6 shold be observed by us in good faith. Supreme Court
declared no conflict and if there was it was the statute(of ours) that should be upheld because
it represent an exercise of the police power which could not be bargained away or
surrendered through the medium of a treaty.
Gonzales vs. Hechanova – Municipal law was also upheld as against international law.
Magallona v. Ermita – the petitioners want the necessity passage of RA 9522 that
provides a new baseline for our archipelago but the Supreme Court ruled that it will be more
beneficial for the Philippines to have internationally accepted baselines” because it is a recipe
for two-fronted disaster 1) it sends open invitation to the seafaring powers to freely enter and
exploit the resources in the waters and submarines areas around our archipelago and 2) it
weakens the country’s case in any international dispute over Philippine maritime space.
Bayan Muna v. Romulo- the Supreme Court clarified that a stipulation in a treaty or
executive agreement providing for a State with the option to waive its criminal jurisdiction
over foreigner’s crime within its jurisdiction is not to be considered as an abdication of its
sovereignty.
“On the rationale that the Philippines has adopted the generally accepted principles of
international law as part of the law of the land, a portion of sovereignty may be waived
without violating the Constitution”
Difference of Treaties and Executive Agreement
Treaties – Has greater dignity than Executive Agreements, because its constitutional
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efficacy is beyond doubt
Treaty – behind the authority of the President, Senate and the people; a ratified treaty
Executive Agreement – takes precedence8 over any prior statutory enactment
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one that underlies the entire system of treaty-based relations between sovereign states.
the ability to produce a desired or intended result.
the condition of being considered more important than someone or something else
 We do apply the renunciation of war however the Congress can declare the existence
of state of war, a defensive war, presumably commenced or provoked by the enemy State.

Section 2, Section 7 (The state shall pursue an independent foreign policy. In its
relations with other states, the paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to self-determination and with Section 8
(The Philippines, consistent with the national interest, adopts and pursues a policy of freedom
from unclear weapons in its territory)

The inclusion of these provisions only serves to underline our fear of foreign
domination.

Province of North Cotabato v. The Government of the Republic of the Philippines – the
SC cited the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights remarked that the “right to self-
determination” pertains to the right of the State to “freely determine their political status and
freely pursue their economic, social and cultural development.

Rearing9 the of the Youth

Two sections in Article II

Section 12 - “The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall protect the life of the
mother and the life of the unborn from conception. The natural and primary duty of parents
in the rearing of the youth for civic efficiency and development of moral character shall
receive the support of the Government.”

Purpose
 Civic efficiency and the development of moral character

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bring up and care for (a child) until they are fully grown