1987 PHILIPPINE CONSTITUTION

 1. Does not confer rights nor impose

duties. 2. Indicates authorship of the
Constitution; enumerates the primary
aims and aspirations of the framers; and
serves as an aid in the construction of the
Constitution.
 [Sec. 1. Art. II: “The Philippines is a democratic and
republican State. Sovereignty resides in the people
and all government authority emanates from them”].
 1. Essential features: representation and renovation.

 2. Manifestations. a) Ours is a government of laws

and not of men [Villavicencio v. Lukban, 39 Phil 778].
 b) Rule of the majority. [Plurality in elections]
 c) Accountability of public officials.
 d) Bill of Rights.
 e) Legislature cannot pass irrepealable laws.
 f) Separation of powers.
 Instanceswhen powers are not
confined exclusively within one
department but are assigned to or shared
by several
departments, e.g., enactment of general
appropriations law.
 This allows one department to resist
encroachments upon its prerogatives or
to rectify mistakes or excesses
committed by the other departments,
e.g., veto power of the President as check
on improvident legislation, etc..
 generallyaccepted principles of
international law are automatically part of
our own laws
 Sec. 3. Art. II: “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"].
 1. Read Sec. 18, Art. VII (Commander-in-
Chief clause).
Sec. 4. Art. II: “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.”
Sec. 5. Art. II: “The maintenance of peace
and order, the protection
 of life, liberty and property, and the
promotion of the general welfare are
essential
for the enjoyment by all the people of the
blessings Of democracy.”].
 Sec. 6. Art. II: “The
separation of Church
and State shall be inviolable."]
 a) Sec. 5, Art. Ill (Freedom of religion
clause). b) Sec. 2 (5), Art. IX-C (religious
sect cannot be registered as political
party).
 c) Sec. 5 (2), Art. VI (no sectoral
representative from the religious sector).
 d) Sec. 29 (2), Art. VI (Prohibition against
appropriation for sectarian benefit)
 Exceptions: »
 a) Sec. 28 (3), Art. VI: (Churches, parsonages, etc.,
actually, directly and exclusively used for religious
purposes shall be exempt from taxation).
 b) Sec. 29 (2), Art. VI: (Prohibition against
appropriation for sectarian benefit, except when
priest, etc., is assigned to the armed forces, or to any
penal institution or government orphanage or
leprosarium).
 c) Sec. 3 (3), Art. XIV: (Optional religious instruction
for public elementary and high school students).
 d) Sec. 4 (2), Art. XIV: (Filipino ownership
requirement for educational institutions, except those
established by religious groups and mission boards).
 Sec. 7, Art. II: TheState 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.
 Sec8, Art. II: “The Philippines, consistent
with the national interest, adopts and
pursues a policy of freedom from nuclear
weapons in its territory. ”
 Just and dynamic social order Sec. 9. Art.
11: “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. ” –
 1. Read Preamble.
 Sec. 10. Art. II: TheState shall promote
social justice in all phases of national
development
 Sec. 11. Art. II: “The
State values the
dignity of every human person and
guarantees full respect for human rights.’’
 Read also Secs. 17-19, Art. XIII.
 Sec. 12. Art. II: “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. ”
 Sec. 13. Art. II: “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 nationalism, and
encourage their involvement in public and civic affairs. ”
Sec. 14. Art. II: “The
State recognizes the role of women in
nation-building, and shall ensure the
fundamental equality before the law of
women and men.
 InPhilippine Telegraph and Telephone Co.
v. National Labor Relations Commission,
G.R. No. 118978, May 23, 1997, the Supreme
Court held that thepetitioner’s policy of not
accepting or considering as disqualified
from work any woman worker who contracts
marriage, runs afoul of the test of, and the
right against, discrimination, which is
guaranteed all women workers under the
Constitution
 Sec. 15. Art. II: The State shall protect
and promote the right to health of the
people and instill health consciousness
among them.”
 Sec. 16. Art. II: 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.”
 Sec. 18. Art. II: “The
State affirms labor as
a primary social economic force. It shall
protect the rights of workers and
promote their welfare.”
 Sec. 19. Art. II: “TheState shall
develop a self-reliant and independent
national economy effectively controlled by
Filipinos.” Sec. 20. Art. II: “The State
recognizes the indispensable role of the
private sector, encourages private
enterprise, and provides incentives to
needed
investments. ”
 Land Reform Sec. 21. Art. II: “The State
shall promote comprehensive rural
development and agrarian reform.
Sec. 22. Art. II: “The State recognizes
and promotes the rights of indigenous
cultural communities within the framework
of national unity and development.”
 Sec. 23. Art. II: “The
State shall
encourage non-governmental, community-
based, or sectoral organizations that
promote the welfare of the nation.”
 Sec. 24. Art. II:
 TheState recognizes the vital role of
communication and information in nation
building.”
Sec. 25. Art. II: The State shall ensure
the autonomy of local governments.”

Basco v. PAGCOR,
197 SCRA 52, where the Supreme Court said
that local autonomy under the 1987
Constitution simply means “decentralization”,
and does not make the local
governments sovereign within the State or an
imperium in imperio.
 Sec. 26. Art. II: “The
State shall guarantee equal access of
opportunities for public service, and
prohibit
political dynasties as may be defined by
law.”
Sec. 27. Art. II: “The
State shall maintain honesty and integrity
in the public service and take positive and
effective measures against graft and
corruption. ”
Sec. 28. Art. II: “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. ”