Art. II.

Declaration of Principles and State Policies

Self-Executing and Non-Self-Executing provisions: As against
constitutions of the past, modern constitutions have been generally
drafted upon a different principle and have often become in effect
extensive code of laws intended to operate directly upon the people
in a manner similar to that of statutory enactments Hence unless
it is expressly provided that a legislative act is necessary to enforce
a constitutional mandate, the presumption now is that all provisions
of the constitution are self executing. Manila Hotel v. GSIS, 1997

Art. XII, Sec. 10, para. 2. xxx In the grant of

rights, privileges and concessions
covering national economy and patrimony,
the state shall give preference to qualified
Filipinos.

1. Provisions of the Bill of Rights are selfexecuting

2. The Declarations of Principles and
State Policies are not self-executing.

Principles (Secs. 1-6)

Sec. 1. The Philippines is a democratic and
republican state. Sovereignty resides in
the people and all government authority
emanates from them.
De Jure and De Facto Government
Constituent and Ministrant Functions
Parens Patria

2011 Bar, No. 91. A government that actually

exercises power and control as opposed to the
true and lawful government is in terms of
legitimacy
A. a government of force.
B. an interim government.
C. a de facto government.
D. an illegitimate government.

Sec. 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.
Outline:
1.
Renunciation of war
2.
Adoption of international law
3.
Adherence to policy of peace and amity

Pharmaceutical v. Duque III, 535 SCRA 205 (2007)

How may international law be made part of Philippine
domestic law?
1. By incorporation by mere constitutional declaration,
international law is deemed to have the force of
domestic law.
2. By transformation - pursuant to Article VII, Section 21
of the Constitution which provides that [n]o treaty or
international agreement shall be valid and effective
unless concurred in by at least two-thirds of all the
members of the Senate.

Incorporation Clause:

Examples of generally accepted principles:

1. Mejoff v. Director [prolonged detention]
2. Marcos v. Manglapus [right to return]
3. Kuroda v. Jalandoni [set up military tribunals]
4. Reyes v. Bagatsing [protection of diplomatic
premises]
5. Tanada v. Secretary, [pacta sunta servanda]
6. Magallona v. Ermita [right of innocent
passage]

Bar questions:

No. 1, 1997: What do you understand by

the Doctrine of Incorporation in
Constitutional Law?

No. 10, 2000: The Philippines has become a

member of the WTO and resultantly agreed that
it shall ensure the conformity of its laws,
regulations and administrative procedures with
its obligations as provided in the annexed
Agreements. Consequently, Congress could
not pass legislations that will be good for our
national interest and general welfare if such
legislation will not conform with the WTO
Agreements. The provision of the treaty is:

a.

b.

c.

d.

Unconstitutional, it limits the plenary power of

Congress
Unconstitutional, because it limits the
sovereignty of the Philippines
Constitutional, because the Philippines must
abide by international agreements in good faith
Constitutional, because treaties are superior to
the Constitution

2004, No. 10.- In case there is a conflict

between a provision of the treaty and a
provision of the Constitution, in a
jurisdiction and legal system like ours,
which should prevail: the provision of the
treaty or of the Constitution? Why?

No. 16, 2003: An organization of law students

sponsored an inter-school debate among three
teams with the following assignment and
propositions for each team to defend. If you were
given a chance to choose the correct
proposition, which would you take and why?
A: International law prevails over municipal law.
B. Municipal law prevails over international law
C. A countrys Constitution prevails over
international law but international law prevails
over municipal statutes.

2008, 1 (b) ; Under international law, differentiate hard

law from soft law.
Soft law are non-binding norms, principles and
practices that influence state behavior.
Soft law
does not fall into any of the categories of international
law set forth in Article 38, Chapter III of the 1946 Statute
of the International Court of Justice. It is, however, an
expression of non-binding norms, principles, and
practices that influence state behavior. Certain
declarations and resolutions of the UN General
Assembly fall under this category. [Duque, supra.

Which is considered a soft-law?

a. Universal Declaration of Human Rights
b. Geneva Conventions of 1941
c. Statute of Rome
d. United Nations Charter

Sec. 3. Civilian authority is, at all times,

supreme over the military. The Armed
Forces of the Philippines is the protector
of the people and the state. Its goal is to
secure the sovereignty of the state and
the integrity of the national territory.

Lim v. Zamora : deployment of marines

2003, No. 1: Art. II, Sec. 3 of the 1987 Constitution
expresses, in part, that the Armed Forces of the
Philippines is the protector of the people of and the
State. Describe briefly what this provision means. Is
the Philippine National Police covered by the same
mandate?
2006, No. 6 What constitutional provisions
institutionalize the principle of civilian supremacy?

a.
b.
c.

d.

Legislative power shall be vested in the

Congress of the Philippines
The President shall be commander in chief of
the armed forces
The right of the people to be secure in their
persons, houses papers and effects against
unreasonable searches and seizures shall be
inviolable
Executive power shall be vested in the
President of the Philippines

Sec. 4: The prime 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.

2009, No. 1: TRUE or FALSE. Answer

TRUE if the statement is true, or FALSE
if the statement is false. Explain your
answer in not more than two (2)
sentences. (5%)
A law that makes military service
for women merely voluntary is
constitutional.

O1973 Constitution: The defense of the

State is a prime duty of the Government
and the people
Military service v. Freedom of religion

Sec. 5. The separation of Church and State shall

be inviolable.
1. Art. III, Sec. 5 Non-establishment/free
exercise clause
2. Art. IX, C, 2(5)- Religious denomination as
political party
3. Art. VI, 5 (2) Sectoral representatives
4. Art. VI, 29 (1) payment of money to
ecclesiastics
Bar 1989, No. 7: Tawi-Tawi Board Resolution

State Policies (Sec. 7-28)

Sec. 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. [Independent Foreign
Policy]

Which provision of the Declaration of Principles

and State policies have been declared by the
Supreme Court to be self-executing?
a.
Sec. 9, promotion of a dynamic social order
b.
Sec. 10, promotion of social justice
c.
Sec. 16, right to a balance and healthful
ecology
d.
Sec. 27, equal access to opportunities to
public service

Sec. 8. The Philippines, consistent with national interest,

adopts and pursues a policy of freedom from nuclear
weapons in its territory. [Freedom from Nuclear
Weapons]
Sec. 9. The State shall promote a just and dynamic social
order that will ensure the prosperity and independence of
the nation and free the people from poverty through
policies that provide adequate social services, promote
full employment, a rising standard of living, and an
improved quality of life for all. [Just and Dynamic Social
Order]
Tondo Medical Center v. CA, 527 SCRA 746 (2007) [5, 9.
10, 11, 13, 18] -Fiscal Autonomy for Govt. Hospitals

Sec. 10. The State shall promote social

justice in all phases of national
development.
BFAR v. COA, 562 SCRA 134 (2008)
Food Basket Allowance

Calalang v. Williams:
Social justice : is the harmonization of laws and
the equalization of social and economic forces
by the state so that justice in its rational and
objectively secular conception may at least be
approximated. Social justice means the
promotion of the welfare of all people, the
adoption by the government of measures
calculated to ensure economic stability of all the
component elements of society

1995, No. 1:
1. Discuss the concept of social justice under
the 1987 Constitution.
2. How does it compare with the old concept of
social justice under the 1973 and the 1935
Constitution?
[adequate social service, full employment,
improve standard of living, dynamic social order]

Sec. 11. The State values the dignity of every

human person and guarantees full respect for
human rights. [Respect for Human Rights]
Sec. 12. The State recognizes the sanctity of
family life and shall protect and strengthen the
family as a basic autonomous social institution.
It shall equally protect the life of the mother and
the life of the unborn from conception. The

natural and primary right and duty of parents in

the rearing of the youth for civic efficiency and
the development of moral character shall receive
the support of the Government. [Sanctity of the
Family]
Sec. 13. The State recognizes the vital role of the
youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual
and social well being. It shall inculcate in the
youth patriotism

And encourage their involvement in public

and civic affairs. [Role of the Youth]
Kilosbayan, Inc. v. Morato, 246 SCRA 540
(1995) [Sec. 5, 12, 13 17]

Sec. 14. The State recognizes the role of women

in nation-building, and shall ensure the
fundamental equality before the law of women
and men. [Equality of Men and Women]
Sec. 15. The State shall protect and promote the
right to health of the people and shall instill
health consciousness among them. [Right to
Health]

Sec. 16. The State shall protect and

advance the right of the people to a
balanced and healthful ecology in accord
with the rhythm and harmony of nature.
Exception to non-self executing provisions
rule: Oposa v. Factoran (1993)
Cancellation of TLAs -

Sec. 17. The State shall give priority to education,

science, and technology, arts, culture and sports
to foster patriotism and nationalism, accelerate
social progress, and promote total human
liberation and development. [Priority of
Education]
Sec. 18. The State affirms labor as a primary
social economic force. It shall protect the rights
of workers and promote their well-being.
[Promotion of the Rights of Workers]

Sec. 19. The State shall develop a selfreliant and independent national economy
effectively controlled by Filipinos.
[Independent Economy]
Tanada v. Angara, 272 SCRA 18 (1997)

Sec. 20. The State recognizes the

indispensable role of the private sector,
encourages private enterprise, and
provides incentives to needed
investments. [Role of Private Enterprise]
Sec. 21. The State shall promote
comprehensive rural development and
agrarian reform.

Sec. 22. The State recognizes and

promotes the rights of indigenous cultural
communities within the framework of
national unity and development. [Rights
of Indigenous Cultural Communities]

Sec. 23. The State shall encourage nongovernmental, community based or

sectoral organizations that promote the
welfare of the nation. [Role of NGOs]
Kilosbayan v. Morato, 250 SCRA 131 (1995)

A contract of lease was entered between the Philippine

Charity Sweepstakes Office and the Philippine Gaming
Management Corp. whereby PGMC leased on-line
lottery equipment to PCSO. The rentals would be paid
from the proceeds of the lottery. Kilosbayan, an
organization of civic-spirited citizens, challenges the new
contract on the ground that it is substantially the same
as the old one, that it violates the PCSO Charter and it
was executed without public bidding. Does Kilosbayan
have standing?

a.
b.

c.

d.

No, because Kilosbayan is not a real party in

interest, not being a party to the contract
Yes, because under the Declaration of
Principles the state recognizes the role of
NGOs
Yes, because Kilosbayan is composed of
taxpayers and the contract involved
disbursement of government funds
Yes, because the question is one of
transcendental importance

Sec. 24. The State recognizes the vital role

of communication and information in
nation-building. [Role of Communication]
Sec. 25. The State shall ensure the
autonomy of local governments.

Sec. 26. The State shall guarantee equal

access to opportunities for public service,
and prohibit political dynasties as may be
defined by law. [Equal Access to Public
Service]
Pamatong v. COMELEC, 427 SCRA 96
(2005)

Sec. 27. The State shall maintain honesty

and integrity in public service and take
positive and effective measures against
graft and corruption. [Honesty in Public
Service]

Sec. 28. Subject to reasonable conditions

prescribed by law, the State adopts and
implements a policy of full public
disclosure of all its transactions involving
public interest. [Policy of Public
Disclosure]

1994, No. 1:
What is the state policy on
(a) [Working women (XI, Sec. 14]
(b) Ecology
symbol of statehood (XVI, Sec. 1)
(d) cultural communities
(e) Science and technology

2000, 9:
(a) Is people power recognized in the 1987
Constitution?
(b) What are the constitutional provisions on
women?
1989, No. 3/ 2000 No. 5: State at least 3
constitutional provisions reflecting the State
policy on transparency in matters of public
interest. What is the purpose of said policy?