Article 2- declaration of principle and state policies.

- Intended to lay down rules underlying in our
system of government
- Must be adhered to in the conduct of public
affairs
- Must be adhered to the resolution of public
issues
Enlargement of article 2 – purpose is to emphasize and
articulate more unequivocally the objhective and
limitations of governmental action in pursuit of the
general goals announced in the Preamble.

Background of the constitution
- From 10 to 28 sections
- Most of provisions according to the SC : “mere
legislative guides, which about enabling
legislation, do not embody enforceable
constitutional rights.” i.e. Section 5
(maintenance of peace and order) and Section
18 (labor as a primary social economic force)
these are merely statements of principles,
enforced through courts and not self-
executing.
- To give effect to such provisions, legislative
enactment is required

*Preamble*
1935 – 3
rd
person : present – 1
st
person
- More intimate, deeper the sense of
involvement and participation of individuals.
- Not source of substantive right, purpose is to
into the constitution
- Enumerate the aim and express the aspirations
of the framers
- Useful in the aid in the construction and
interpretation of the constitution
Significant
- A divine being is not necessarily inherent in a
religion. “inconsistent with the policy of the
separation of church and state”
- Grants tax exemptions to religious insitutions
and allow optional religious instruction in our
public schools.
- Article 15, section 3(1) “state shall defend the
right of spouses to find a family in accordance
with their religious convictions and the
demands of responsible parenthood.”
- Love has among other grounds, been invoked
by our SC in dispensing justice
Opinion of author: The new preamble is rather wordy
and suggests at the outset what one might expect in the
text of the constitution in terms of style and content.
Even now we must prepare against a very “talkative”
constitution.

*Republicanism*
Section 1 of Article 2 provides
- The Philippines is a democratic and republican
state
- Sovereignty resides in the people and all
government authority emanates from them

SC: 1987 constitution accords to the citizens a greater
participation in the affairs of government.
- Right to file cases questioning the factual bases
for the suspension of the writ of habeas corpus
- Enlarge the people’s right in the political as well
as the judicial field
- Right to interfere in affairs of government and
challenge any act tending to prejudice their
interest.

From the original principle in the 1935 constitution

Art. 4 Sec. 32. Propose enacting laws or approve or
reject any act or law or part thereof passed by the
congress or local legislative body
Art 17 Sec. 2. Directly propose amendments to the
constitution on initiative.
Art. 2 Sec. 23. Encourages non-governmental,
community based, or sectoral organizations that
promote the welfare of the nation
Art. 3 Sec 8. Provides that no law shall be passed
abridging the right of the people, inc. those employed
in the public and private sectors, to form unions,
associations and societies for purposes not contrary to
law.
Art 13 Sec. 15. Role of independent people’s
organizations shall be respected


Art 13 Sec. 16. Respect the right of the people and their
organizations to effective and reasonable participation
at all levels of decision-making shall not be abridged.
The state shall, by law facilitate the establishment of
adequate consultation mechanisms.
Art. 10 Sec. 14. Regional development councils or other
similar bodies composed of local government officials,
and representatives from non-governmental
organizations within the regions for purposes of
administrative decentralization, the development of
these units shall be provided for by the President.
Art. 10 Sec. 18. 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 form a list of nominees from multisectoral
bodies.
Art. 12 Sec. 9. The independent economic and planning
agency headed by the president shall consult with the
appropriate public agency, various private sectors, and
LGUs, for purposes of recommending to the congress.
Art. 16 Sec. 12. Congress may create a consultative
body to advise the president on policies affecting
indigenous cultural cultural communities, majority of
members must come from said communities.
Art. 6 Sec 5, Art. 10 Sec. 9 sectoral representation is
provided for in the House of Representatives and in
local legislative bodies.

These establish the democratic and representative
nature of our government and proclaim our hostility to
autocratic or totalitarian regimes.

People are declared Supreme. Every citizen is an
individual repository of sovereignty.
Justice Laurel: an enfranchised citizen is a particle of
popular sovereignty and is the ultimate source of
established authority. (Moya v. Del Fierro, 69 Phil. 199.)

Republic – representative government
- Run by and for the people
- Not a pure democracy
- Government of laws and not men
- Responsible government whose officials hold
and discharge their position as a public trust.
o Officials are “at all times be accountable
to the people” according to the
constitution. (Art 11 Sec. 1)
o Sworn to serve.

Essence of republicanism:
Representation and Renovation
– 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.

Purpose of Republican government:
Promotion of the common welfare according to the will
of the people themselves
This will is usually determined by the rule of the
majority.
On the other hand, in the election of the members of
themselves, the winners are those who receive the
highest number of votes in their respective
constituencies, or mere plurality.
Three-cornered election - the smaller number prevail
over the majority (i.e. 40 for 1 then 60 total votes for 2
candidates.)
Art. 6 Sec. 16(2). The suspension or expulsion of a
member of the congress, w/c requires the concurrence
of 2/3 of the members of the house w/c he belongs.
According to PD 1606
In the Sandiganbayan, the dissent of one member will
prevent a decision of the other two members of the
division as a unanimous vote is required for such
decision. The lone individual is in fact “a majority of
one” when protected by the bill of rights.

In Villavicencio v. Lukban (39 Phil. 778) it was said that
nobility of intention is insufficient to validate an
unauthorized act.








Yick Wo v. Hopkins ( 118 US 356)
Rationale of the principle was explained:
Sovereignty – not subject to law, for it is the author and
source of law; remains with the people by whom and
fro whom all government exist and acts.
Law – definition and limitation of power
Fundamental rights of life – liberty, and the pursuit of
happiness, considered as individual possessions, are
secured by those maxims of constitutional law w/c are
the monuments showing the victorious progress of the
race in securing the men the blessings of civilization
under the reign of just and equal laws.
For the very idea that one man may be compelled to
hold his life, or the means of living, material rights
essential to enjoyment of life, at the mere will of
another, seems to be intolerable in any country where
freedom prevails, as being the the essence of slavery
itself.

*The Defense of the State*
Section 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.
- Based upon inherent right of every State to
existence and self-preservation.
Art. 16 Sec. 4 the AFP shall “be composed of a citizen
armed force which shall undergo military training and
serve, as may be provided by law.” a.k.a C.A. No. 1
(National Defense Act)

People v. Lagman and People v. Zosa(38 OG 1676)
The accused were charged and convicted of refusal to
register for military training as required by above
mentioned statute. On appeal, they argued that Zosa
was fatherless and had a mother and 8 brothers to
support, while Lagman had a father to support, had no
military leanings, and do not wish to kill or be killed; bot
claimed that the statute was unconstitutional. SC
affirmed their conviction, holding the law in question
was based on the constitutional principle.

Note: the duty to defend the State is imposed upon all
citizens, including women, and that the military or civil
service that may be required of them by law must be
personal. This precludes:
- The hiring by the rich of “mercenaries” or
professional soldiers to take their place in the
defense of the State.
Assigned to non-combat or civil duties:
-Those who may have sincere conscientious,
-Religious scruples about taking of human life, or
-Have no military inclinations or aptitudes.

*Peace and Order*
Sec. 5 “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.”

*The Incorporation Clause*
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 incorporation – Every state is, by reason of
its membership in the family of nations, bound by the
generally accepted principles of international law which
automatically becomes part of its own laws.

Pharmaceutical and Health Care Association (PHCA) vs.
Health Secretary GRN 173034. 535 SCRA 265 (2007)
Clarified under 1987 constitution- international law:
- Can become part of the sphere of domestic law
either by
o Transformation – requires that:
 An international law be
transformed into a domestic
law through a constitutional
mechanism such as local
legislation.
Cont. 



o Incorporation
 by mere constitutional
declaration, international law is
deemed to have the force of
domestic law.
- Treaties become part of the law of the land
through transformation pursuant to Art. 7 Sec.
21 of the constitution w/c provides that “no
treaty or international agreement shall be valid
and effective unless concurred in by at least 2/3
of all the members of the Senate.” Thus, treaties
must go through a process prescribed by the
Constitution for it to be transformed into
municipal law that can be applied to domestic
conflicts.