IV.

Fundamental Principles and State Policies
State Policies expressly provides: (1) authorship of the constitution, (2) the primary aims and aspirations of the framers and (3) guides the Court in Constitutional issues. Does not confer rights nor duties. Constitutional interpretations To emphasize and articulate more unequivocally the objectives and limitations of governmental actions in pursuit of the general goals enumerated in the preamble.

encroach upon the act of any branch of the government if such is legally mandated to do so or is doing the act within its jurisdiction as provided by law or its constitution. The question is better left to the people in their sovereign capacity to decide upon the wisdom of the act. Political Questions refers to those questions which under the Constitution, are to be decided by the people in their sovereign capacity; or in regard to which full discretionary authority has been delegated to the legislature or executive branch of the government (Tanada vs Cuenco) Perez v. Suller, G.R. No. L-46710, 18 November 1939 As long as popular government is an end to be achieved and safeguarded, suffrage, whatever may be the modality and form devised, must continue to be the means by which the great reservoir of power must be emptied into the receptacle agencies wrought by the people through their Constitution in the interest of good government and the common weal. Republicanism, in so far as it implies the adoption of a representative type of government, necessarily points to the enfranchised citizen as a particle of popular sovereignty and as the ultimate source of the established authority. He has a voice in his Government and whenever possible it is the solemn duty of the judiciary, when called upon to act in justiciable cases, to give it efficacy and not to stifle or frustrate it. Villavicencio v. Lukban, 39 Phil. 778 “Ours is government of laws and not of men” – government must act in accordance with the laws so long as the laws are still supported by the people. The ascendancy of the law is axiomatic in a republic and must be recognized by every public official no matter how exalted. No person is above the law; all must bow to its majesty. Every official must be based upon and conform to the authority of a valid law, lacking which the act must be rejected. b. Adherence to International Law Art. II, Sec. 2- 1987 Constitution | Doctrine of Incorporation

Preamble of the 1987 Constitution We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane 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 posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

1. Principles

a. Sovereignty of the People and Republicanism Art. II, Sec. 1- 1987 Constitution

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

Republic – is a representative government, a government run by and for the people. The essence of republicanism is representation and renovation, the selection by the citizenry of a corps of public functionaries who derive their mandate from the people and act on their behalf, serving for a limited period only, after which they are replaced or retained at the option of their principal. Democratic – people power. Note: Republicanism may be associated with political question. Political question is where the SC cannot

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.

justice. that is. This . These principles. Joaquin G. cooperation and amity with all nations. Doctrine of Incorporation – by virtue of this clause. our courts have applied the rules had not been previously been subject of international enactments. 17 i. how states behave. adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace. the principle of sovereign immunity. since Philippines was not a signatory to this agreement. G.e.C. Kuroda v.19 and pacta sunt servanda.. The Philippines renounces war as an instrument of national policy. (Emphasis supplied) embodies the incorporation method. our laws are municipal laws in the international laws. 178 (1949) Petitioner challenged the jurisdiction of the military commission trying him. one must look to state practice and determine whether the municipal law principle provides a just and acceptable solution. 173034.18 a person's right to life. freedom. Article II of the 1987 Constitution. 171. because these generally accepted principles of international law are automatically part of our own laws.16 (Emphasis supplied) "Generally accepted principles of international law" refers to norms of general or customary international law which are binding on all states. If there should be doubt or disagreement." (Restatement) This statement contains the two basic elements of custom: the material factor. Note: There are different international laws to wit: (1) Treaty laws – expressly agreed by the State parties (2) Customary international laws . Bernas defines customary international law as follows: Custom or customary international law means "a general and consistent practice of states followed by them from a sense of legal obligation [opinio juris]. and the psychological orsubjective factor. x x x 21 (Emphasis supplied) Fr. Doctrine of Incorporation – by virtue of this clause. because these generally accepted principles of international law are automatically part of our own laws.20 among others. The classical formulation in international law sees those customary rules accepted as binding result from the combination [of] two elements: the established. The SC rejected this argument. and a psychological element known as the opinion juris sive necessitates (opinion as to law or necessity).International laws – are body of laws which governs relations of State and international laws. that is.J. No. 1966 I. Municipal laws – laws of the different State Thus. The concept of "generally accepted principles of law" has also been depicted in this wise: Some legal scholars and judges look upon certain "general principles of law" as a primary source of international law because they have the "character of jus rationale" and are "valid through all kinds of human societies. why they behave the way they do.15 the Court held thus: [G]enerally accepted principles of international law. he believes. xxxx The initial factor for determining the existence of custom is the actual behavior of states. Ranada. form part of the laws of the land even if they do not derive from treaty obligations. are established by a process of reasoning based on the common identity of all legal systems. Jalandoni. Treaty – written agreement from a State to another State. liberty and due process. 9 October 2007 Section 2.R." (Judge Tanaka in his dissenting opinion in the 1966 South West Africa Case. holding that we were bound by the generally accepted principles of international law binding upon all States who are members thereof even not signatory to such particular international law. contending that Philippines was not covered by Hague Convention under which he was being prosecuted. our courts have applied the rules had not been previously been subject of international enactments. to wit: SECTION 2. and consistent practice on the part of States. equality. renunciation of war as an instrument of national policy. Implicit in the latter element is a belief that the practice in question is rendered obligatory by the existence of a rule of law requiring it. 296). Duque. O'Connell holds that certain priniciples are part of international law because they are "basic to legal systems generally" and hence part of the jus gentium. 83 Phil. widespread.a general and consistent practice of states followed by them from a sense of legal obligation [opinio juris] (3) General principles of law accepted by civilized nations (4) Subsidiary policies… Generally accepted principles are not limited to the general principles of law accepted by civilized nation because when we say generally accepted principles we also mean customary international laws as provided in the case of Pharmaceutical Association v. by virtue of the incorporation clause of the Constitution. 14 In Mijares v.

See Art. 1996 ed. Note: Art. 9 SCRA 230 [1963]. 2 SCRA 984 [1961]) for the reason that such courts are organs of municipal law and are accordingly bound by it in all circumstances (Salonga & Yap. II. practice is not law. 1155 [1957]. as military establishment has the strongest single institution in our country and has the capacity and might to wrest power from the constituted authorities. he may call out such armed forces to prevent or suppress lawless violence. however. or the belief that a certain form of behavior is obligatory. customary international law is deemed incorporated into our domestic system. The required duration can be either short or long. Government as protector of the People. 4. 55). is what makes practice an international rule. (2) jurisprudence dictates that municipal law should be upheld by the municipal courts (Ichong vs. Sec. 18. Do states behave the way they do because they consider it obligatory to behave thus or do they do it only as a matter of courtesy ? Opinio juris. in the fulfillment . Supremacy of Civilian Authority Art. Sec. decrees that (3) rules of international law are given equal standing with. who is a civilian official shall be the commander-in-chief.1987 Constitution Section 3. the SC held in the case of Secretary of Justice v. Accordingly.(4) both statutes and treaties may be invalidated if they are in conflict with the constitution. but are not superior to. at all times. x x x xxxx Duration therefore is not the most important element. The President shall be the Commander-inChief of all armed forces of the Philippines and whenever it becomes necessary. Lantion. Sec.includes several elements: duration. Castro. Sec. 3. as applied in most countries. People as defender of the State Art. 18 which states that the President. In a situation.. p. The Armed Forces of the Philippines is the protector of the people and the State. the principle lex posterior derogat priori takes effect — a treaty may repeal a statute and a statute may repeal a treaty. G. The Government may call upon the people to defend the State and. 3 provides the primary aim and aspirations of the framers to make civilians supreme over military in relation to Art VII. x x x xxxx Once the existence of state practice has been established. 151 SCRA 279 d. More important is the consistency and the generality of the practice.1987 Constitution | Commander in Chief Clause Section 18. 101 Phil.1987 Constitution Section 4. Without it.22 (Underscoring and Emphasis supplied) Clearly. invasion or rebellion. In states where the constitution is the highest law of the land . such as the Republic of the Philippines. 13). The prime duty of the Government is to serve and protect the people. The doctrine of incorporation. and generality of the practice of states. Gonzales vs. it becomes necessary to determine why states behave the way they do. Its goal is to secure the sovereignty of the State and the integrity of the national territory. (1) Efforts should first be exerted to harmonize them. Hernandez. consistency. In re: Garcia. supreme over the military. Hechanova. p. II. Sec. c. so as to give effect to both since it is to be presumed that municipal law was enacted with proper regard for the generally accepted principles of international law in observance of the observance of the Incorporation Clause in the above-cited constitutional provision (Cruz. 139465. Philippine Political Law. national legislative enactments . cit. op. II. This is also to prevent the greater evil. Where there appears to be conflict between international laws and municipal laws. Civilian authority is. The fact that international law has been made part of the law of the land does not pertain to or imply the primacy of international law over national or municipal law in the municipal sphere. where the conflict is irreconcilable and a choice has to be made between a rule of international law and municipal law. No. See Alih v.R. VII. 18 January 2000 to wit: The doctrine of incorporation is applied whenever municipal tribunals (or local courts) are confronted with situations in which there appears to be a conflict between a rule of international law and the provisions of the constitution or statute of the local state..

political parties.thereof. or which are supported by any foreign government shall likewise be refused registration. Petitioner contends that it is a violation of Sec. except the religious sector. under conditions provided by law. Sec. Petitioner seeks the issuance of a writ of prohibition against respondent Director of Posts from issuing and selling postage stamps with a Eucharist logo. IX-C. The separation of Church and State shall be inviolable. Religious denominations and sects shall not be registered. applied. military or civil service. or prohibiting the free exercise thereof. and such other sectors as may be provided by law. Art. organizations. sectarian institution. Art. 5 (2) (no sectoral representative from religious sector) - The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. benefit. or of any priest. all citizens may be required. by selection or election from the labor. directly or indirectly. 5 (Freedom of Religion clause) Section 5. denomination. as provided by law. 64 Phil. minister. Register. Art VI of the Constitution. Sec. and accredit citizens' arms of the Commission on Elections. or employed. to render personal. No public money or property shall be appropriated. 13. after sufficient publication. or coalitions which. Ruiz. II. Art. Sec. peasant. 201 (1937) Art. or support of any sect. 29 (2) (prohibition against appropriation for sectarian benefit) Art. 13 e. or refuse to uphold and adhere to this Constitution. shall forever be allowed. Those which seek to achieve their goals through violence or unlawful means. youth. No law shall be made respecting an establishment of religion. for the use. Non-Establishment Clause . 2 (5) (religion sect not allowed as registered political party) SC discussed the concept on the Separation of Church and State and held that the prohibition herein expressed is a direct corollary of the principle of . or dignitary as such i. For three consecutive terms after the ratification of this Constitution. in addition to other requirements. without discrimination or preference. Inviolable Strong fences. The free exercise and enjoyment of religious profession and worship. must present their platform or program of government. other religious teacher. preacher. make good neighbors Avoid encroachment by one against the other State recognizes the beneficent influence of religion in the enrichment of the nation’s life. church. indigenous cultural communities. Separation of Church and the State State must be isolated with the Church Church should conduct its own affairs State has the liberty to charter its own forces. urban poor.1987 Constitution Section 6. or system of religion. VI. VI. Tanada vs Angara held that the set up of our constitution specifically has divided such into different sections showing that it is distinct and separate from each other.law shall be made respecting an establishment of religion Aglipay v. Sec. women. No religious test shall be required for the exercise of civil or political rights. 66 Phil. Sec. Zosa. in commemoration of the 33rd International Eucharistic Congress. paid. III. See Lagman v. one-half of the seats allocated to party-list representatives shall be filled. 6.

In the present case. however." Of course. 10 and 12. If it chooses to change its mind and decides to give the image to the Catholic church. as owner of the image. Nor were money derived from the sale of the stamps given to that church. the phrase "advantageous to the Government" does not authorize the violation of the Constitution. the issuance of the postage stamps in question by the Director of Posts and the Secretary of Public Works and Communications was not inspired by any sectarian denomination. has taught us that the union of church and state is prejudicial to both. has the right to determine who should have custody thereof. benefit or support of a particular sect or church. Religious freedom. 104 SCRA 510 (1981) Lemon test was formulated by Chief Justice Warren Burger in the majority opinion in Lemon v. 4052 contemplates no religious purpose in view. Kurtzman. as a constitutional mandate is not inhibition of profound reverence for religion and is not denial of its influence in human affairs. Kurtzman (1971). and secure to themselves and their posterity the blessings of independence under a regime of justice. We find that the momentous issues of separation of church and state. Estenzo. Not every governmental activity which involves the expenditure of public funds and which has some religious tint is violative of the constitutional provisions regarding separation of church and state. conserve and develop the patrimony of the nation. it is sufficient to say that our history. Father Osmeña claim that it belongs to his church is wrong. What it gives the Director of Posts is the discretionary power to determine when the issuance of special postage stamps would be "advantageous to the Government. liberty and democracy. private schools for teaching secular subjects. in so far as it instills into the minds the purest principles of morality. The barangay council. took advantage of an event considered of international importance "to give publicity to the Philippines and its people" See Lemon v. Religion as a profession of faith to an active power that binds and elevates man to his Creator is recognized.separation of church and state. freedom of religion and the use of public money to favor any sect or church are not involved at all in this case even remotely or indirectly. The Court struck down both programs as violating the establishment clause." they thereby manifested reliance upon Him who guides the destinies of men and nations. Act No. in order to establish a government that shall embody their ideals. that action would not violate the Constitution because the image was acquired with private funds and is its private property. It does not authorize the appropriation. as a weapon…” In this case the petitioner Andres Garces a member of the Aglipayan Church contends that Resolution 5. however. its influence is deeply felt and highly appreciated. there is no violation of the Constitution. implored "the aid of Divine Providence. In the case at bar. Without the necessity of adverting to the historical background of this principle in our country. for occasions might arise when the estate will use the church. The stamps were not issue and sold for the benefit of the Roman Catholic Church. …the only purpose in issuing and selling the stamps was "to advertise the Philippines and attract more tourist to this country. And." The officials concerned merely. and the church the state. Lemon dealt with Rhode Island and Pennsylvania programs that supplemented the salaries of teachers in religiously based. use or application of public money or property for the use. lt is not a microcosmic test case on those issues. There can be no question that the image in question belongs to the barangay council. When the Filipino people. freedom of worship and banning the use of public money or property. The purpose of the Lemon test is to determine when a law has the effect of establishing religion. The council has the right to take measures to recover possession of the image by enacting Resolutions Nos. in the preamble of their Constitution. promote the general welfare. 403 U. .S. 6 which provides for the acquisition of the image of San Vicente Ferrer and a waiting shed as a review of the traditional socio-religious celebration every fifth of April using the funds they obtained through the selling of tickets and cash donations is a violation of the freedom of religion clause in the Constitution. 602 (1971) Garces v. not to speak of the history of mankind.

101 Phil. subsection (7) of Article III of the Constitution. The Government steps in and either restrains said exercise or even prosecutes the one exercising it. 3000. JUSTICE HARLAN. however strange. even heretical when weighed in the scales of orthodoxy or doctrinal standards.the exercise of religious practices. cannot be applied to appellant. the nature of the aid that the State provides. They are members of the Jehova’s Witnesses. MR. Secretary of Education. including religious belief.prohibiting the free exercise thereof American Bible Society v. 2529. however inapplicable to said business. So is the freedom of belief. The provision aforequoted is a constitutional guaranty of the free exercise and enjoyment of religious profession and worship. As to Ordinance No. 1955 . The statute must not foster "an excessive government entanglement with religion. bizarre and unreasonable the same may appear to others. or prohibiting the free exercise thereof. . therefore. They consider the flag to be an image in the context of what is prohibited in their religion and because of this they were expelled from the school. Lemon Test 1. Freedom to belief (freedom of belief) vs.RULES AND REGULATIONS FOR CONDUCTING THE FLAG CEREMONY IN ALL EDUCATIONAL INSTITUTIONS Section 1. we must examine the character and purposes of the institutions that are benefited. 3000 cannot be considered unconstitutional. . It may be true that in the case at bar the price asked for the bibles and other religious pamphlets was in some instances a little bit higher than the actual cost of the same but this cannot mean that appellant was engaged in the business or occupation of selling said "merchandise" for profit. its principal or primary effect must be one that neither advances nor inhibits religion 3. But between the freedom of belief and the exercise of said belief. as amended. For this reason. and the free exercise and enjoyment of religious profession and worship. there is quite a stretch of road to travel . the Court do not find that it imposes any charge upon the enjoyment of a right granted by the Constitution. then the former must yield and give way to the latter. limitless and without bounds. . sing the anthem and recite the pledge. 8. the statute must have a secular legislative purpose 2." ii. which carries with it the right to disseminate religious information. in a separate opinion in Walz. provides that: (7) No law shall be made respecting an establishment of religion. City of Manila. so defendant is powerless to license or tax the business of plaintiff Society Gerona v. Petitioners prays that their children be exempt from the law and just be allowed to remain silent and stand attention and question the legality of Department Order No. Free Exercise Clause . L-13954. shall forever be allowed. If the exercise of said religious belief clashes with the established institutions of society and with the law. The Court believe that the provisions of City of Manila Ordinance No. G. without discrimination or preference." Excessive Entaglement In order to determine whether the government entanglement with religion is excessive. They did not do si out of religious belief. freedom to act (exercise of said act) The realm of belief and creed is infinitive and limitless bounded only by one's imagination and though. Masbate refused to salute the flag. whose very nature is apt to entangle the state in details of administration . 1265 .R. and the resulting relationship between the government and the religious authority. as amended.COMPULSORY DAILY FLAG CEREMONY IN ALL PUBLIC AND PRIVATE SCHOOLS Department order No. No. 2529 of the City of Manila. nor tax Petitioners attending the Buenavista Community School in Uson. as amended. supra. With respect to Ordinance No. echoed the classic warning as to "programs. 12 August 1959 Republic Act No. for in doing so it would impair its free exercise and enjoyment of its religious profession and worship as well as its rights of dissemination of religious beliefs. 8. No religion test shall be required for the exercise of civil or political rights. One may believe in most anything. . that Ordinance No. is also not applicable. s. 386 It seems clear. trade or occupation of the plaintiff.

Saluting the flag consequently does not involve any religious ceremony. According to a popular expression. and serve his country unselfishly and faintly. of patriotism. which service might meet with objection on the part of conscientious objectors. Note: Flag salute ceremony is secular and the dept. The freedom of religious belief guaranteed by the Constitution does not and cannot mean exemption form or non-compliance with reasonable and non-discriminatory laws. The school child or student is simply made to say that he loves the Philippines because it is the land of his birth and the home of his people. The determination of whether a certain ritual is or is not a religious ceremony must rest with the courts. In conclusion we find and hold that the Filipino flag is not an image that requires religious veneration. It does not even speak of resorting to force and engaging in military service or duty to defend the country. liberty and the glory of suffering and dying for it. rules and regulations promulgated by competent authority. in return he will heed the counsel of his parents. In said oath. Department Order No. series of 1955. of national unity and cohesion and of freedom and liberty which it and the Constitution guarantee and protect. does not violate the Constitutional provision about freedom of religion and exercise of religion. the Secretary of Education was duly authorized to promulgate Department Order No. they merely lost the benefits of public education being maintained at the expense of their fellow citizens. So that even if we assume for a moment that the flag were an image. petitioners were properly excluded and dismissed from the public shcool they were attending. If they chose not to obey the flag salute regulation. Considering the complete separation of church and state in our system of governments. even from the point of view of religious belief. The State was merely carrying out the duty imposed upon it by the Constitution. an emblem of freedom. If the belief clashes with law then the former must yield. objectionable. Petitioners salute the flag during Boy Scout activities. The flag salute. National Anthem speaks only of love of country. that because it protects him. Moslem. the flag is utterly devoid of any religious significance. Protestant or Jehovah's Witness. and that he would be a true Filipino in thought. liberty and national unity. and that for failure and refusal to participate in the flag ceremony. He is not even made to pledge allegiance to the flag or to the Republic for which it stands. that compliance with the non-discriminatory and reasonable rules and regulations and school disicipline. The anthem is . connoting religious and veneration instead of a mere symbol of the State and of national unity. taken while his right hand is raised. Neither were they being criminally prosecuted under threat of penal sacntion. order non-discriminatory therefore it is constitutional. obey the rules and regulations of his school. and indeed. the religious scruples of appellants against bowing to and venerating an image are not interfered with or otherwise jeopardized. he swears allegiance to the Republic of the Philippines. 8. that the flag salute is nt a religious ceremony but an act and profession of love and allegiance and pledge of loyalty to the fatherland which the flag stands for. of sovereignty. The pledge is judged to be completely secular. they could take it or leave it. Having elected not to comply with the regulations about the flag salute. that the requirement of observance of the flag ceremony or salute provided for in said Department Order No. including observance of the flag ceremony is a prerequisite to attendance in public schools. an emblem of national sovereignty. nothing more . It does not even pledge allegiance to the flag or to the Republic. SC held: we find nothing.Flag The flag is not an image but a symbol of the Republic of the Philippines. 8. there was absolutely no compulsion involved. and for their failure or refusal to obey school regulations about the flag salute they were not being persecuted. particularly the recital of the pledge of loyalty is no more a religious ceremony than the taking of an oath of office by a public official or by a candidate for admission to the bar. rather it is symbol of the Republic of the Philippines. 8 is merely a non-discriminatory school regulation applicable to all alike whether Christian. absolutely nothing. they forfeited their right to attend public schools. perform the duties of a patriotic and law-abiding citizen. Their objection then rests on the singing of anthem and recitation of pledge. promise to defend the Constitution and even invokes the help of God In enforcing the flag salute on the petitioners. in word. The freedom of belief is limitless and boundless but its exercise is not. that by authority of the legislature.

Dames II. or pose "a grave and present danger of a serious evil to public safety.profit cemeteries. . 28 (3) Charitable institutions. mosques. Love for country and admiration for national heroes. charitable. public health or any other legitimate public interest that the State has a right (and duty) to prevent The 30 yr old previous GERONA decision of expelling and dismissing students and teachers who refuse to obey RA1265 is violates exercise of freedom of speech and religious profession and worship. to receive free education. Secretary of Education. XIV). for it is the duty of the State to "protect and promote the right of all citizens to quality education ." Absent such a threat to public safety. the expulsion of the petitioners from the schools is not justified. or duty to defend the country.R. Taburan and Asturias in Cebu. directly. sing the national anthem and recite the patriotic pledge. military service. There was no compulsion involved in the enforcement of the flag salute. of other persons. . actually. Paraphrasing the warning cited by this Court inNon vs. and all lands. under the 1987 Constitution. They were not criminally prosecuted under a penal sanction. Ebranilag v. and exclusively used for religious. public morals. churches and parsonages or convents appurtenant thereto. public health or any other legitimate public interest. They contend that to compel transcends constitutional limits and invades protection against official control and religious freedom. It does not speak of resorting to force. 1. The non-observance of the flag ceremony does not totally constitute ignorance of patriotism and civic consciousness. that the State has a right (and duty) to prevent. The freedom of religious belief guaranteed by the Constitution does not mean exception from non-discriminatory laws like the saluting of flag and singing national anthem. Art.also secular. the Students expelled was only standing quietly during ceremonies. expulsion due to religious beliefs is unjustified. 185 SCRA 523. we do not see how such conduct may possibly disturb the peace. Jehovah’s Witnesses may be exempted from observing the flag ceremony but this right does not give them the right to disrupt such ceremonies. The sole justification for a prior restraint or limitation on the exercise of religious freedom is the existence of a grave and present danger of a character both grave and imminent. The second is subject to regulation where the belief is translated into external acts that affect the public welfare. and to make such education accessible to all (Sec. The expulsion of the students by reason of their religious beliefs is also a violation of a citizen’s right to free education. Exceptions: Art. What the petitioner’s request is exemption from flag ceremonies and not exclusion from public schools. buildings. while the highest regard must be afforded their right to the free exercise of their religion. or educational purposes shall be exempt from taxation. sing the national anthem and recite the “Panatang Makabayan” required by RA1265. It talks about patriotism. Public school authorities expelled these students for refusing to salute the flag. and improvements. for it involves the relationship of man to his Creator The right to religious profession and worship has a twofold aspect: freedom to believe and freedom to act on one's belief. In the case at bar. 1 March 1993 Respondents ordered expulsion of 68 HS and GS students of Bantayan. both religious and patriotic. their right not to participate in the flag ceremony does not give them a right to disrupt such patriotic exercises. The first is absolute as long as the belief is confined within the realm of thought. "this should not be taken to mean that school authorities are powerless to discipline them" if they should commit breaches of the peace by actions that offend the sensibilities. G. it doesn’t present any danger so evil and imminent to justify their expulsion. however "bizarre" those beliefs may seem to others. Sec. VI. This exemption disrupts school discipline and demoralizes the teachings of civic consciousness and duties of citizenship. Nevertheless. 95770. Religious freedom is a fundamental right which is entitled to the highest priority and the amplest protection among human rights. non. Petition Granted. civic consciousness and form of government are part of the school curricula. . By observing the ceremonies quietly. of a serious evil to public safety. No. the expulsion of members of Jehovah's Witnesses from the schools where they are enrolled will violate their right as Philippine citizens. They are Jehovah’s Witnesses believing that by doing these is religious worship/devotion akin to idolatry against their teachings. If they quietly stand at attention during the flag ceremony while their classmates and teachers salute the flag. Caracar. Jehovah's Witnesses with regard to the observance of the flag ceremony out of respect for their religious beliefs. If they chose not to obey the salute regulation they merely lost the benefits of public education. Division Superintendent. public morals. Therefore. Pinamungajan. The respondents relied on the precedence of Gerona et al v. Gerona doctrine provides that we are a system of separation of the church and state and the flag is devoid of religious significance and it doesn’t involve any religious ceremony. 535.

The Mayor of Manila and the Acting Chief of Police of Manila have enforced and caused to be enforced the rules and regulation. meaning a law should be passed by Congress to clearly define and effectuate such principles. State Policies Art. promote full employment. adopts and pursues a policy of freedom from nuclear weapons in its territory. II. 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. a rising standard of living. 29 (2) when such priest.1987 Constitution See Calalang v. VI. As held in the leading case of Kilosbayan. or dignitary is assigned to the armed forces. without additional cost to the Government Section 7. The Court upheld the locus standi .They are used by the judiciary as aids or as guides in the exercise of its power of judicial review. the disregard of which can give rise to a cause of action in the courts . the paramount consideration shall be national sovereignty. Williams. The Philippines. and an improved quality of life for all. The Congress may. shall promulgate the necessary rules and regulations to regulate and control the use of and traffic on such roads and streets to promote safe transit upon.1940. 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. preacher. Petitioner contends that the rules and regulations complained of infringe upon the Not self-executing. They do not embody judicially enforceable constitutional rights but guidelines for legislation. i. In its relations with other states. Section 8. consistent with the national interest. and avoid obstructions on. all animal-drawn vehicles are not allowed to pass and pick up passengers in the places above mentioned to the detriment not only of their owners but of the riding public as well. territorial integrity. 1940.” In pursuance of Commonwealth Act 548 which mandates the Director of Public Works. minister. Sec. and by the legislature in its enactment of laws. national interest. XIV.of the petitioners based on the State Policy in Art. The State shall pursue an independent foreign policy. 70 Phil 726 Article II are not intended to be self-executing principles ready for enforcement through the courts. Just and Dynamic Social Order Art. or government orphanage or leprosarium a. the Director of Public Works adopted the resolution of the National Traffic Commission. 3 (3) At the option expressed in writing by the parents or guardians . (Tanada vs. II of the Constitution. Art. On August 2. 4 (2) Educational institutions. however. Angra) Note: not all state policies are not self-executing See Oposa vs Factoran. [24] the principles and state policies enumerated in Article II and some sections of Article XII are not “self-executing provisions. prohibiting the passing of animal drawn vehicles in certainstreets in Manila. XIV. b. other than those established by religious groups and mission boards. with the approval of the Secretary of Public Works and Communications. require increased Filipino equity participation in all educational institutions Section 9. Morato. As a consequence. and the right to self-determination. roads and streets designated as national roads. Incorporated vs. or to any penal institution. the Director recommended to the Secretary the approval of the recommendations made by the Chairman of the National Traffic Commission with modifications. Sec. 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 Secretary of Public Works approved the recommendations on August 10. Sec. Independent Foreign Policy and Nuclear-Free Philippines Art. Promotion of Social Justice 2.

Factoran. The State recognizes the role of women in nation-building. for the first time in our nation's constitutional history. This right unites with the right to health which is provided for in the preceding section of the same article: Sec. it does not follow that it is less important than any of the civil and political rights enumerated in the latter . not through a mistaken sympathy towards any group given. nor atomism.” ii. and encourage their involvement in public and civic affairs. Respect for Human Dignity and Human Rights Section 15. these basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind. through the adoption of measures legally justifiable. constitutionally. As a matter of fact. it is because of the well-founded fear of its framers that unless the rights to a balanced and healthful ecology and to health are mandated as state policies by the Constitution itself. 15. See Oposa v. however. Section 16. nor anarchy. precept regarding the promotion Section 14. consistent with the fundamental and paramount objective of the state of promoting health. moral. through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community. the adoption by the Government of measures calculated to insure economic stability of all the competent elements of society. Equality of Men and Women . 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. Social justice must be founded on the recognition of the necessity of interdependence among divers and diverse units of a society and of the protection that should be equally and evenly extended to all groups as a combined force in our social and economic life. The State values the dignity of every human person and guarantees full respect for human rights. spiritual. Sanctity of Family and Promotion of Youth Section 12. is to achieved. While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights.” but the humanization 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. is solemnly incorporated in the fundamental law. Article II of the 1987 Constitution explicitly provides: Sec. 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. intellectual. If they are now explicitly mentioned in the fundamental charter. The State shall protect and promote the right to health of the people and instill health consciousness among them. iii. Section 16. comfort and quiet of all persons. Social justice is “neither communism. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical. and shall ensure the fundamental equality before the law of women and men v. or extraconstitutionally. 16.constitutional of social justice. Section 13. 224 SCRA 792 The complaint focuses on one specific fundamental legal right — the right to a balanced and healthful ecology which. Such a right belongs to a different category of rights altogether for it concerns nothing less than selfpreservation and self-perpetuation — aptly and fittingly stressed by the petitioners — the advancement of which may even be said to predate all governments and constitutions. nor despotism. thereby highlighting their continuing importance and imposing upon the state a solemn obligation to preserve the first and protect and Section 11. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. and social well-being. The State shall protect and promote the right to health of the people and instill health consciousness among them. 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. through the exercise of powers underlying the existence of all governments on the timehonored principles of salus populi estsuprema lex. It shall inculcate in the youth patriotism and nationalism. It shall equally protect the life of the mother and the life of the unborn from conception. iv. and of bringing about “the greatest good to the greatest number. Promotion of Health and Ecology The promotion of social justice. Social justice means the promotion of the welfare of all the people.

limits and/or impairs” the constitutional powers of both Congress and the Supreme Court. the court should be understood as simply saying that such a more Section 17.” In the same light. show a more specific legal right -. 1869 violates Sections 11 (Personal Dignity) 12 (Family) and 13 (Role of Youth) of Article II. Petitioners argue (2) that the WTO “intrudes. the 1935 provisions were not intended to be self-executing principles ready for enforcement through the courts.that is or may be violated by the actions. As such. Pagcor[25] that broad constitutional principles need legislative enactments to implement them.” Mr. among many other things. and promote total human liberation and development. vii. Section 20. See Tańada v. Justice Florentino P. encourages private enterprise. arts. Science and Technology Declaration of Principles Not Self-Executing By its very title. Without such forests. Morato. Incorporated vs. As held in the leading case of Kilosbayan. suffice it to state also that these are merely statements of principles and policies. To my mind. 2). we held in Basco vs. supra. Section 13 (Social Justice) of Article XIII and Section 2 (Educational Values) of Article XIV of the 1987 Constitution. the day would not be too far when all else would be lost not only for the present generation. thus: “On petitioners’ allegation that P. Protection of Labor Section 18. Priority to Education. Article II of the Constitution is a “declaration of principles and state policies. They do not embody judicially enforceable constitutional rights but guidelines for legislation.[24] the principles and state policies enumerated in Article II and some sections of Article XII are not “self-executing provisions. but also for those to come — generations which stand to inherit nothing but parched earth incapable of sustaining life.[23] They are used by the judiciary as aids or as guides in the exercise of its power of judicial review.” The reasons for denying a cause of action to an alleged infringement of broad constitutional principles are sourced from basic considerations of due process and the lack of judicial authority to wade “into the uncharted ocean of social and economic policy making. before the trial court. or failures to act. imputed to the public respondent by petitioners so that the trial court can validly render judgment granting all or part of the relief prayed for.. The State shall give priority to education.D. and by the legislature in its enactment of laws. the ecological or environmental balance would be irreversibly disrupted. the disregard of which can give rise to a cause of action in the courts. accelerate social progress. and provides incentives to needed investments. therefore. science and technology. the instant petition before this Court assails the WTO Agreement for violating the mandate of the 1987 Constitution to “develop a self-reliant and independent national economy effectively controlled by Filipinos x x x (to) give preference to qualified Filipinos (and to) promote the preferential use of Filipino labor.” The counterpart of this article in the 1935 Constitution [21] is called the “basic political creed of the nation” by Dean Vicente Sinco. The State recognizes the indispensable role of the private sector. p. Vol. II.[22] These principles in Article II are not intended to be self-executing principles ready for enforcement through the courts. The State affirms labor as a primary social economic force. Self-reliant and Independent Economic Order Section 19.” . (Bernas. culture. and sports to foster patriotism and nationalism. the judicious management and conservation of the country's forests. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. The electorate could express their displeasure with the failure of the executive and the legislature through the language of the ballot. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. Angara. Factoran. They were rather directives addressed to the executive and to the legislature. ‘In general. the available remedy was not judicial but political. domestic materials and locally produced goods. It shall protect the rights of workers and promote their welfare viii. vi. meaning a law should be passed by Congress to clearly define and effectuate such principles.a right cast in language of a significantly lower order of generality than Article II (15) of the Constitution -.advance the second. they are basically not self-executing. Feliciano in his concurring opinion in Oposa vs. The said right implies. [26] explained these reasons as follows: “My suggestion is simply that petitioners must. If the executive and the legislature failed to heed the directives of the article. Jr.

labor and enterprises. At least in respect of the vast area of environmental protection and management. xiii. x. Independent People’s Organizations Section 23. One is that unless the legal right claimed to have been violated or disregarded is given specification in operational terms. xii.the legislative and executive departments -. it is respectfully submitted. privileges and concessions covering the national economy and patrimony”[27] and in the use of “Filipino labor. The State shall ensure the autonomy of local governments. community-based.’ (Emphases supplied) When substantive standards as general as ‘the right to a balanced and healthy ecology’ and ‘the right to health’ are combined with remedial standards as broad ranging as ‘a grave abuse of discretion amounting to lack or excess of jurisdiction. It did not shut out foreign investments. While the Constitution does not encourage the unlimited entry of foreign goods. it recognizes the need for business exchange with the rest of the world on the bases of equality and reciprocity and limits protection of Filipino enterprises only against foreign competition and trade practices that are unfair. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. then the policy making departments -. services and investments into the country.specific legal right or rights may well exist in our corpus of law. it does not prohibit them either.[32] In other words. goods and services in the development of the Philippine economy. and to implement them before the courts should intervene.”[29] In similar language. defendants may well be unable to defend themselves intelligently and effectively. domestic . xi. petitioners can be expected to fall back on the expanded conception of judicial power in the second paragraph of Section 1 of Article VIII of the Constitution which reads: ‘Section 1.” Economic Nationalism Should be read with outher Constitutional Mandates to Attain Balanced Development of Economy the Constitution then ordains the ideals of economic nationalism (1) by expressing preference in favor of qualified Filipinos “in the grant of rights. The State shall promote comprehensive rural development and agrarian reform. frowning only on foreign competition that is unfair. at the same time. The State shall encourage nongovernmental. the Constitution did not intend to pursue an isolationist policy. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. Communication and Information Section 24. In fact. the Constitution takes into account the realities of the outside world as it requires the pursuit of “a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity”. and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. for at least two (2) reasons. Where no specific.[28] and (3) by requiring the State to “develop a self-reliant and independent national economy effectively controlled by Filipinos. Indigenous Cultural Minorities Section 22. or sectoral organizations that promote the welfare of the nation. services. and that the trial court should have given petitioners an effective opportunity so to demonstrate.must be given a real and effective opportunity to fashion and promulgate those norms and standards. It seems to me important that the legal right which is an essential component of a cause of action be a specific.where a specific violation of law or applicable regulation is not alleged or proved. rather than a constitutional or statutory policy. operable legal right. Land Reform Section 21. in other words.” All told.’ the result will be. there are due process dimensions to this matter.[30] and speaks of industries “which are competitive in both domestic and foreign markets” as well as of the protection of “Filipino enterprises against unfair foreign competition and trade practices. xxx materials and locally-produced goods”. ix. operable norms and standards are shown to exist. while the Constitution indeed mandates a bias in favor of Filipino goods. it allows an exchange on the basis of equality and reciprocity. instead of aborting the proceedings on a motion to dismiss. our courts have no claim to special technical competence and experience and professional qualification. The second is a broader-gauge consideration -. The State recognizes the vital role of communication and information in nation-building. to propel courts into the uncharted ocean of social and economic policy making. considering the general policy principles found in the Constitution and the existence of the Philippine Environment Code. Autonomy of Local Governments Section 25. (2) by mandating the State to “adopt measures that help make them competitive.

The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. Subject to reasonable conditions prescribed by law. . Equal Access of Opportunities for Public Service Section 26.xiv. xv. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law. Section 28. the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. Honest Public Service and Full Disclosure Section 27.

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