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PREAMBLE

1935 Constitution 1973 Constitution 1987 Constitution


The Filipino people, We, the sovereign Filipino people, We, the sovereign Filipino people,
Imploring the aid of Imploring the aid of Imploring the aid of
Divine Providence, Divine Providence Almighty God
in order to build a just
and humane society
and establish a government that
in order to establish a government in order to establish a government
shall embody our ideals and
that shall embody their ideals, that shall embody our ideals,
aspirations,
conserve and develop the promote the general welfare, promote the common good,
patrimony of the nation, conserve and develop our patrimony, conserve and develop our patrimony,
and secure to themselves and secure to ourselves and secure to ourselves
and their posterity and our posterity and our posterity
the blessings of independence
the blessings of independence the blessings of democracy
and democracy
under a regime of under a regime of under the rule of law and a regime of
truth, justice, freedom, love, equality
justice, liberty, and democracy, justice, peace, liberty, and equality,
and peace,
do ordain and promulgate do ordain and promulgate do ordain and promulgate
this Constitution this Constitution this Constitution
53 words 57 words 75 words

PREAMBLE Other General Principles and Policies


Art. XIII
DEFINITION - Social Justice Labor, Urban Land Reform and
1) express – ideals and aspirations of Filipino Housing, Health, Women, Role and Rights of
people; and People’s Organizations, and Human Rights;
2) provides basis – for crafting provisions that
Art. XIV
will achieve its purposes.
- Education, Language, Science and Technology, Arts
and Culture, Sports;
NATURE
1) not a governmental power; Art. XV
2) not a source of substantive rights; - Social Justice Labor, Urban Land Reform and
3) does not impose duties. Housing, Health, Women, Role and Rights of
People’s Organizations, and Human Rights;
FUNCTIONS
1) indicates authors of the Constitution 1935 CONSTITUTION
– “We the sovereign Filipino People”; Art. II, Declaration of Principles
2) enumerates aims and aspirations of
framers Sec. 1 The Philippines is a republican state.
–“to build a just and humane society, promote Sovereignty resides in the people and all Republicanism
government authority emanates from
common good, etc.” them.
3) Serves as aid in the interpretation of text
The defense of the State is the prime
of the Constitution Sec. 2
Defense of the
duty of government, and in the
– preamble to the Constitution Act was cited fulfillment of this duty all citizens may State
by SC of Canada to include guarantees to be required by law to render personal
military.
judicial independence
The Philippines renounces war as an
Sec. 3
instrument of national policy and adopts Incorporation
PRINCIPLES the generally accepted principles of Clause
international law as part of the law of
the Nation.
Purpose
a) enunciates political creed of the nation; The natural right and duty of parents in
Sec. 4 Rearing of the
b) guides legislature in enacting laws; the rearing of the youth for civic
efficiency should receive the aid and Youth
c) aids the Courts in its exercise of judicial review. support of the government.

ARTICLE II The promotion of social justice to insure


Sec. 5
the well-being and economic security of
6 Principles (Sections 1-6) all the people should be the concern of
Social Justice
22 State Policies (Sections 7-28) the State.
1975 CONSTITUTION 1987 CONSTITUTION
Art. II, Declaration of Principles Art. II, Declaration of Principles and State Policies

The Philippines is a republican state. The Philippines is a democratic and


Sec. 1 Sec. 1
Sovereignty resides in the people and Republicanism republican state. Sovereignty resides in Republicanism
all government authority emanates the people and all government authority
from them. emanates from them.

The Philippines renounces war as an


The defense of the State is the prime Sec. 2
Sec. 2 instrument of national policy, adopts the
duty of government and the people, Defense of the generally accepted principles of Incorporation
and in the fulfillment of this duty all State international law as part of the law of Clause
citizens may be required by law to the land and adheres to the policy of
render personal military. peace, equality, justice, freedom,
cooperation, and amity with all nations.
The Philippines renounces war as an Civilian
Sec. 3 Civilian authority is at all times supreme
instrument of national policy and Sec. 3
over the military. Supremacy
adopts the generally accepted
Incorporation
principles of international law as part
Clause The prime duty of the Government is to
of the law of the land, and adheres to Sec. 4
serve and protect the people. The
the policy of peace, equality, justice, Defense of the
Government may call upon the people to
freedom, cooperation, and amity with defend the State, and, in the fulfillment State
all nations. thereof, all citizens may be required,
under conditions provided by law, to
The State shall strengthen the family render personal military or civil service.
Sec. 4
as a basic social institution. The
natural right and duty of parents in The maintenance of peace and order, the
Family Sec. 5 protection of life, liberty, and property,
the rearing of the youth for civic
and the promotion of the general Social Justice
efficiency and the development of welfare are essential for the enjoyment
moral characters shall receive the aid by all the people of the blessings of
and support of the government. democracy.

The separation of the Church and State


The State recognizes the vital role of Sec. 6 Separation
Sec. 5 shall be inviolable.
the youth in nation-building and shall Youth
promote their, physical, intellectual,
and social well-being.
FUNDAMENTAL POLICIES
The State shall promote social justice
Sec. 6
to ensure the dignity, welfare and
SECTION 1
security of all the people. Toward this
end, the State shall regulate the Social Justice “The Philippines is a democratic and republican State.
acquisition, ownership, use, Sovereignty resides in the people and all government
enjoyment, and disposition of private authority emanates from them.”
property, and equitably diffuse
property ownership and profits.
Purpose
Sec. 7
The State shall establish, maintain, 1) establishes republican form of government;
and ensure adequate social services in 2) manifests our aversion to autocratic rule or
the field of education, health, housing,
Social Services totalitarian regime.
employment, welfare, and social
security to guarantee the enjoyment
by the people of a decent standard of Republican Government
living. 1) run by the people through their chosen
representatives;
Sec. 8 Civilian authority is at all times Civilian 2) who, in turn, are accountable to the will of the
supreme over the military. Supremacy people
The State shall afford protection to
Sec. 9 Manifestations of Republicanism
labor, promote full employment and
equality in employment, ensure equal a) government of laws and not of men
work opportunities regardless of sex, b) rule of the majority (plurality in elections)
race, or creed, and regulate the
c) accountability of public officials
relations between workers and Labor
employers. The State shall assure the d) bill of rights
rights of workers to self-organization, e) proscription against passage of irrepealable
collective bargaining, security of
laws
tenure, and just and humane
conditions of work the State may
f) separation of powers
provide for compulsory arbitration.
VILLAVICENCIO v. LUKBAN
The State shall guarantee and 39 Phil. 778
Sec. 10
promote the autonomy of local Local
government units, especially the
Autonomy FACTS:
barrio, to ensure their fullest
development as self-reliant Manila Mayor – in 1918, exiled to Davao 170 women of ill-
communities. repute to protect the morals and health of the people.
Zacarias Villavicencio, et al. – relatives of the women filed
habeas corpus to the Supreme Court. HELD:
Mayor Lukban – tried to justify his actions by his intention a. Article 2 of our Constitution provides in its section 3,
to suppress prostitution. that – The Philippines renounces war as an
Supreme Court – directed Lukban to show by authority of instrument of national policy and adopts the
what law did he presume to act in deporting by duress generally accepted principles of international law as
these persons from Manila to another distant locality part of the nation.
within the Philippine Islands. b. The Hague Convention embodied generally accepted
principles of international law binding upon all
HELD: States. Such rule and principles therefore form part
of the law of our nation even if the Philippines was
a. The Supreme Court voided Mayor Lukban’s act, there not a signatory to the conventions embodying them.
being no showing that it had been authorized by law c. In the promulgation of EO 68, the President of the
or even an ordinance. “Ours is a government of laws Philippines has acted in conformity with the
and not of men.” generally accepted and policies of international law
b. His intention to suppress the social evil was which are part of our Constitution.
commendable. His methods were unlawful.
ILLUSTRATIVE CASES
of the Exceptions to Pacta Sunt Servanda
SECTION 2
“The Philippines renounces war as an instrument of
1) Exercise of Police Power
national policy, adopts the generally accepted
 Ichong v. Hernandez, 101 Phil. 1155
principles of international law as part of the law of the RA 1180 (Retail Trade Nationalization Act),
land, and adheres to the policy of peace, equality, which limits retail trade to Filipino citizens, was
justice, freedom, cooperation, and amity with all passed in the valid exercise of police power, in
nations.” the interest of national economic survival. Even
supposing that the law infringes upon the treaty,
3 ASPECTS the treaty may never curtail or restrict the scope
1. renunciation of war of the police power of the State.
– war of aggression
2) Conflict with Constitution
2. incorporation clause
 Sec. of Justice v. Lantion, 332 SCRA 160
– membership in family of nations
Both statutes (P.D. 1069 – Prescribing the
a) generally accepted principles of Procedure for the Extradition of Persons Who
international law automatically forms Have Committed Crimes in a Foreign Country)
part of the laws of member State; and treating (RP-US Extradition Treaty) may be
b) pacta sunt servanda invalidated if they are in conflict with the
– agreements should be observed in good Constitution.
faith. 3) Separation of Powers and Rule-Making
3. amity with nation Power of the Supreme Court
– friendly relations with other states  In Re Garcia, 2 SCRA 984
RP – Spain Treaty of Academic Degrees and the
Exceptions to Pacta Sunt Servanda Exercise of Professions could not have been
1) Exercise of Police Power intended to modify the laws and regulations
2) Conflict with Constitution governing admission to the practice of law in the
3) Separation of Powers and Rule-Making Power Philippines, for the reason that the Executive
of the Supreme Court Department may not encroach upon the
constitutional prerogative of the Supreme Court
to promulgate rules for admission to the practice
KURODA v. JALANDONI
of law in the Philippines.
42 OG 4282

FACTS: ICHONG v. HERNANDEZ


Lt. Gen. Shigenori Kuroda– was charged before a 101 Phil. 1155
Philippine Military Commission created under Executive
Order No. 68 establishing the National War Crimes FACTS:
Office and prescribing rules and regulations governing Lao Ichong (resident alien) – assails the constitutionality
the trial of accused war criminals, for war crimes of RA 1180 (Retail Trade Nationalization Act), which
(brutal atrocities and other high crimes against limits retail trade to Filipino citizens, contending that
noncombatant civilians and prisoners) pursuant to the the Act violates international and treaty obligations of
Hague Convention on Rules and Regulations covering the Philippines: UN Charter, UN Declaration of the
Land Warfare Human Rights; RP-China Treaty of Amity.
DOJ Secretary – raised the issue of jurisdiction contending RP-China Treaty of Amity – guarantees equality of
that the Philippines was not a signatory to the treatment to Chinese nationals “upon the same terms as
agreement and therefore he is charged of ‘crimes’ not the nationals of any other country.”
based on law, national and intentional.
HELD: SECTION 3
a. Nationals of China are not discriminated against “Civilian authority is, at all times, supreme over the
because nationals of all other countries are all military. The Armed Forces of the Philippines is the
prohibited from engaging in retail trade. protector of the people and the State. Its goal is to
b. But even supposing that the law infringes upon said secure the sovereignty of the State and the integrity of
treaty, the treaty may never curtail or restrict the the national territory.”
scope of the police power of the State. RA 1180 was
passed in the valid exercise of police power, in the CORRELATION
interest of national economic survival.
Article VII, Section 18, Constitution – “The President
shall be the Commander-in-Chief of all armed forces of the
SEC. of JUSTICE v. LANTION Philippines and whenever it becomes necessary, he may call
332 SCRA 160
out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. In case of invasion or
FACTS: rebellion, when the public safety requires it, he may, for a
Mark Jimenez – was wanted in the US for various crimes. period not exceeding sixty days, suspend the privilege of the
Pursuant to RP-US Extradition Treaty, the US sought his writ of habeas corpus or place the Philippines or any part
extradition. Jimenez requested proceedings to be held in thereof under martial law.”
abeyance.
ALIH v. CASTRO
DOJ Secretary – denied the requests on the ground that
151 SCRA 279
extradition proceedings may not be held abeyance
under our treaty obligation.
FACTS:
RTC-Manila Judge Ralph Lantion – directed DOJ, DFA, and
Philippine Marines – in 1984, without search warrant,
NBI to maintain status quo.
raided the compound occupied by Rizal Alih, et al. In
DOJ Secretary – went to the Supreme Court arguing that he Zamboanga City, in search of firearms, ammunition and
was prevented from legal duties under the Extradition explosives alleging that they were acting under superior
Treaty and Extradition Law. orders and that the raid was necessary because of peace
and order problem generated by the assassination of
HELD: Mayor Cesar Climaco.
a. Jimenez does not only face clear and present danger
RP-China Treaty of Amity – filed petition with the
of loss of property or employment, but of liberty
Supreme Court to recover the articles seized from them,
itself, which may eventually lead to his forcible
to prevent these from being used as evidence against
banishment to a foreign land. Jimenez’ due process
them, and to challenge their finger-printing,
rights, although not guaranteed by statute or by
photographing and paraffin-testing as violative of their
treaty, are protected by constitutional guarantees.
right against self-incrimination.
b. In states where the constitution is the highest law of
the land, such as the Republic of the Philippines, both
statutes and treaties may be invalidated if they are in HELD:
conflict with the constitution. a. The military defied the precept that “civilian
authority is at all times supreme over the military”.
In Re Garcia b. They simply by-passed civil courts, which had
2 SCRA 984 authority to determine whether or not there was
probable cause to search the premises. Instead, they
FACTS: proceed to make the raid without a search warrant.

Arturo Garcia, a Filipino citizen – finished law in Spain


IBP v. Zamora
and practice law thereat. He avers that he is entitled to
338 SCRA 81
practice law in the Philippines even without passing the
bar examinations under the:
FACTS:
Treaty of Academic Degrees and the Exercise of
Professions between Philippines and Spain – “The Pres. Joseph Estrada – in January 2000, invoking his
Nationals of each of the two countries who shall have Commander-in-Chief powers, directed the deployment of
obtained recognition of the validity of their academic Marines to assist PNP in suppressing lawless violence.
degrees by virtue of the stipulations of this Treaty, can Integrated Bar of the Philippines – filed petition to
practice their professions within the territory of the declare such move unconstitutional, arguing that
Other. calling of AFP to assist the PNP in joint visibility patrols
violates the constitutional provisions on civilian
HELD: supremacy over the military and the civilian character
of the PNP.
a. The aforementioned Treaty could not have been
intended to modify the laws and regulations
governing admission to the practice of law in the HELD:
Philippines. a. The calling of the Marines in this case constitutes
b. The Executive Department may not encroach upon permissible use of military assets for civilian law
the constitutional prerogative of the Supreme Court enforcement.
to promulgate rules for admission to the practice of b. The participation of the Marines in the conduct of
law in the Philippines. joint visibility patrols is appropriately
circumscribed.
c. The limited participation of the Marines is evident in CORRELATION
the provisions of the LOI itself, which sufficiently  Art. XVI, Sec. 4, Constitution – “The Armed
provides the metes and bounds of the Marines’ Forces of the Philippines shall be composed of a citizen
authority. armed force which shall undergo military training and
serve, as may be provided by law. It shall keep a
regular force necessary for the security of the State.”
SECTION 4
“The prime duty of the government is to serve and SECTION 6
protect the people. The Government may call upon the “The separation of the Church and State shall be
people to defend the State and, in the fulfillment inviolable.”
thereof, all citizens may be required, under conditions
provided by law, to render personal military, or civil CORRELATION
service.”  Art. III, Sec. 5, Constitution – “No law shall be
made respecting an establishment of religion, or
BASIS prohibiting the free exercise thereof. The free
 inherent right of every state to existence and enjoyment of religious profession and worship,
self-preservation without discriminating or preference, shall forever be
allowed. No religious test shall be required for the
exercise of civil or political rights.”
ILLUSTRATIVE CASE
 Art. VI, Sec. 29(2), Constitution – “No public
 People v. Lagman and Zosa, 66 Phil. 13
money or property shall be appropriated, applied,
National Defense Law, in so far as it establishes
paid, or employed, directly or indirectly for the use,
compulsory military service, does not go against this
benefit, or support of any sect, church, denomination,
constitutional provision but is, on the contrary, in
sectarian institution, or system of religion, or of any
faithful compliance therewith. The duty of the
priest, preacher, minister, or other religious teacher,
Government to defend the State cannot be
or dignitary as such, except when such priest,
performed except through an army.
preacher, minister, or dignitary is assigned to the
armed forces, or to any penal institution, or
PEOPLE v. LAGMAN and SOSA government orphanage or leprosarium.”
64 Phil. 13

Purpose
FACTS:
 forestall union between the State and the
Tranquilino Lagman and Primitivo de Sosa – are Church which might lead to abuse of power
charged with violation of the National Defense Law (CA
I). They, being Filipinos and having reached the age of
20 years, refused to register in the military service. The State shall pursue and independent
Sec. 7
foreign policy. In its relations with other
Foreign
Sosa – claims that he is fatherless, has mother and 8-year states the paramount consideration shall
be national sovereignty, territorial Policy
old brother to support.
integrity, national interest, and the right
Lagman – claims he also has a father to support, has no to self-determination.
military learnings, and does not wish to kill or be killed.
The Philippines, consistent with the
Sec. 8 Nuke Free
national interest, adopts and pursues a
HELD: policy of freedom from nuclear weapon in Phil
its territory.
a. National Defense Law, in so far as it establishes
compulsory military service, does not go against this Sec. 9 The State shall promote a just and
constitutional provision but is, on the contrary, in dynamic social order that will ensure the
prosperity and independence of the nation
faithful compliance therewith. Social
and free the people from poverty through
b. The duty of the Government to defend the State policies that provide adequate social Services
cannot be performed except through an army. services, promote full employment, a rising
standard of living, and an improved
quality of life.

SECTION 5 Social
The state shall promote social justice in all
Sec. 10 Justice
“The maintenance of peace and order, the protection of phases of national development.

life, liberty, and property, and the promotion of the The State values the dignity of every Human
Sec. 11
general welfare are essential for the enjoyment by all human person and guarantees for respect Rights
for human rights.
the people of the blessings of democracy.”
The State recognizes the sanctity of family
Sec. 12
life and shall protect and strengthen the
PURPOSE family as a basic autonomous social
bare essentials under a democratic regime: institution. It shall equally protect the life
of the mother and the life of the unborn
1. peace and order – civilized society; form the conception. The natural and Family
primary right and duty of parents in the
2. due process – life, liberty, and property; rearing of the youth for civic efficiency and
3. equal protection – enjoyment by all the the development of moral character shall
receive the support of the Government.
people;
4. police power – general welfare or the
common good.
SECTION 7  Concessions: annual military exercises between
“The State shall pursue an independent foreign policy. U.S. and the Phil.
In its relations with other states the paramount
3) Enhance Defense Cooperation Agreement
consideration shall be national sovereignty, territorial
 Signed: 2014
integrity, national interest, and the right to self
 Salient Features: develop their individual and
determination.”
collective capacities to resist armed attack by:
a) improving interoperability of b)
Foreign Policy Formulation
modernization, c) helping maintain and
a. take into action – specific international
develop maritime security, and expeanding
circumstances;
humanitarian assistance in d) response to
b. consider – national sovereignty, territorial
natural disasters
integrity, national interest, and the right to self
 Concessions: allows U.S. forces to presposition
determination;
and store defense material, equipment, and
c. adhere to – peace, equality, justice, freedom,
supplies. The Agreement makes clear that this
cooperation, and amity with all nations.
material cannot include nuclear weapons.
PURPOSE
SECTION 8
a. highlights our aversion to foreign dominion;
“The Philippines, consistent with the national interest,
b. emphasize our guidelines in basic foreign
adopts and pursues a policy of freedom from nuclear
policy formulation.
weapons in its territory.”

Freedom from Nuclear Weapons Policy.


LIM v. EXEC. SEC. (1) Aim of provision. – The intent is to forbid the
G.R. No. 151445, Apr. 11, 2002 making, storing, manufacture or testing in our
country of nuclear weapons, devices or parts
FACTS: thereof as well as the use of our territory as
Arthur Lim – assails the constitutionality of RP-US dumping site for radioactive wastes and the
Balikatan 02-1 Exercises in Mindanao under the Mutual transit within our territory of ships or planes
Defense Treaty (MDT) contending that: with nuclear weapons. It does not, however,
1. MDT was signed to provide mutual military prohibit the use of nuclear energy for medicine,
assistance only in case of an armed attack by an agriculture, and other peaceful or beneficial
external aggressor; purposes. Congress will have to provide the
2. VFA of 1999 does not authorize American soldiers
mechanics to effectively implement this section.
to engage in combat operations in Philippine
(2) Ban on nuclear weapons as subject to exception.
territory.
– The records of the Constitutional Commission
Solicitor General – counters that the Term of Reference of support the position that this section does not
Balikatan are clear as to the extent (no permanent
absolutely ban nuclear weapons from Philippine
basing and no combat operations for US troops) and
territory. The phrase “consistent with the
duration (not more than 6 months).
national interest,” may reasonably be
HELD: interpreted to mean “subject to national
interest.” In other words, if the national interest
a. VFA permits US personnel to engage on an so dictates, the storing of nuclear weapons in
impermanent basis, in ‘activities’, the exact meaning
our territory may be permitted at least on a
of which is left undefined.
transitory basis, considering that it was not
b. The only limitation is that US personnel must abstain
from any activity inconsistent with the spirit of the prohibited under the then existing military
agreement and in particular, from any political bases agreement with the United States whose
activity. validity and term of effectivity until 1991 are
implicitly recognized by the Constitution.
(3) Ban as an absolute prohibition. – The
R.P.-U.S. DEFENSE COOPERATIONS AGREEMENTS phraseology of this section may be understood
Types: as providing no qualification, exception, or
1) Mutual Defense Treaty condition if the phrase “consistent with national
interest” is taken as the reason for the policy
 Signed: 1951
because it is consistent with national interest.
 Salient Features: defend each other’s territory
The Constitution itself bans nuclear weapons as
in case of external attack
a policy and precisely emphasizes that such
 Concessions: Subic Naval Base & Clark Air Base
policy is “consistent with the national interest.”
2) Visiting Forces Agreement
 Signed: 1998 Nuclear Free Philippines
 Salient Features: crisis-action planning; a) Three Mile Island, USA (1979)
enhanced training to conduct counter b) Chernobyl, Ukraine (April 26, 1986)
operations; promoting interoperability of the c) Bataan Nuclear Powerplant
forces d) Fukushima Daiichi, Japan (March 11, 2011)
Nuclear Free Philippines CALALANG v. WILLIAMS
a) allergic reaction to Marcos’ projects 70 Phil. 726

b) fear of nuclear accidents


FACTS:
SECTION 9 A. D. Williams – Chairman of the National Traffic
“The State shall promote a just and dynamic social Commission, recommended that animal-drawn vehicles
order that will ensure the prosperity and independence be prohibited from passing along certain streets in
of the nation and free the people from poverty through Manila and on certain times and days.
policies that provide adequate social services, promote Maximo Calalang – avers that the rules and regulations
full employment, a rising standard of living, and an complained of result to the detriment of not only of their
improved quality of life for all.” owners but of the riding public as well and thus infringe
upon the constitutional precept regarding the
promotion of social justice to insure the well-being and
Just and dynamic social order.
economic security of all the people.
(1) Policies necessary to be pursued. – The State
shall promote a just and dynamic social order.
HELD:
This is accomplished through policies that
provide adequate social services (in the field of a. Social justice means the promotion of the welfare of
all the people, the adaptation by the Government of
health, education, housing, etc.), promote full
measures calculated to insure economic stability of
employment (Art. XII, Sec. 1(2); Art. XIII, Sec.
all the competent elements of society, through the
3(1)), a rising standard of living, and an maintenance of a proper economic and social
improved quality of life for all. equilibrium in the interrelations of the members of
(2) Solving the problem of mass poverty. – The the community;
Preamble calls for the establishment of a “just b. through the adoption of measures legally justifiable,
and humane society” and a government that or extra- constitutionally, through the exercise of
shall “promote the common good.” Such a powers underlying the existence of all governments
society must insure the prosperity and on the time-honored principle of salus populi est
independence of the nation and free the suprema lex.
underprivileged and the marginalized sectors of
GUIDO v. RURAL PROGRESS ADMINISTRATION
our population from poverty. The goal is to
G.R. No. L-2089, Oct. 31, 1949
reduce the political and economic power of a
privileged few by equalizing widely differing
FACTS:
standards and opportunities for advancement
and to raise the masses of our people form a life Justa Guido – owns to adopting lots, part commercial, with
a combined area of 22,655 square meters, situated in
of misery and deprivation to a qualitative life
Maypajo, Caloocan, Rizal.
worthy of human dignity and respect. The
concept of “common good” no enshrined in the DOJ Secretary – sought to expropriate the property for
Preamble which the government shall promote distribution to about 50 persons and their families on
the added justification that, “the promotion of social
contemplates a society where every member is
justice to insure the well-being and economic security of
given every opportunity to attain his or her
all the people should the concern of the state,”
fullest development – culturally and spiritually.
Guido – filed petition for prohibition to enjoin RPA from
proceeding with the expropriation contending that the
With the eradication of mass poverty, the State
tenants have entered with the petitioner valid contracts
solves at the same time a chain of social problems
for lease, or option to buy at an agreed price.
that comes with it: social unrest, breakdown of family
systems, diseases, ignorance, criminality, and low HELD:
productivity.
a. The promotion of social justice ordained by the
Constitution does not supply paramount basis for
SECTION 10
untrammelled expropriation of private land by the
“The State shall promote social justice in all phases of Rural Progress Administration or any other
national development.” government instrumentality.
b. The condemnation of a small property in behalf of
Social Justice 10, 20, or 50 persons and their families does not
This policy mandates the State to promote social inure to the benefit of the public to a degree
justice in all phases of national development. In the sufficient to give the public character.
fulfillment of this duty, the State must give
preferential attention to the welfare of the less SECTION 11
fortunate members of the community – the poor, the “The State values the dignity of every human person
unschooled, the disabled, the underprivileged – those and guarantees full respect for human rights.”
who have less in life.
EVOLUTION
It is discussed fully under Article XIII (Social  Presidential Committee on Human Rights –
Justice and Human Rights). created by President Corazon Aquino in 1986.
 Commission on Human Rights – established In Summary:
by the 1987 Constitution. 1) Recognize sanctity of family life;
2) protect and strengthen the family;
CORRELATION 3) protect life of mother and life of unborn
 Art. XIII, Sec. 17, Constitution – “There is hereby 4) support parents in the rearing of the youth
created an independent office called the Commission
on Human Rights. MEYER v. NEBRASKA
 Art. XVIII, Sec. 18, Constitution – “The 262 U.S. 390
Commission shall be composed of a Chairman and four
Members who must be natural-born citizens of the FACTS:
Philippines and a majority of whom shall be members
Robert Meyer – parochial school instructor in Hampton,
of the Bar. The term of office and other qualifications
Nebraska, taught the subject of reading in the German
and disabilities of the Members of the Commission
language to 10-year-old 4th-grader.
shall be provided by law.
Meyer – was charged with violating Siman Act of 1919,
which provides under Section 1 – “No person,
CARIÑO v. CHR individually or as a teacher, shall in any private,
204 SCRA 483 denominational, parochial or public school, teach any
subject to any person in any language other than the
English language.”
FACTS:
Manila Public School Teachers Association (MPSTA) HELD:
and Alliance of Concerned Teachers (ACT) – On
September 17, 1990, a class day, undertook as “mass a. US Supreme Court reversed Nebraska Supreme
concerted actions” to dramatize their plight for failure Court’s decision which affirmed Meyers conviction
of authorities to act upon their grievance. by the trial court.
b. US Supreme Court held that: “Legislature has
DECS Secretary Isidro Cariño – issued return to work in attempted to interfere with the calling of modern
24 hours to participating teachers or face dismissal. For language teachers, with the opportunities of pupils to
failure to heed the order, they were administratively acquire knowledge, and with the power of parents to
charged, preventively suspended for 90 days, and control the education of their own.”
temporarily replaced.
MPSTA & ACT – complained to CHR that they were PIERCE v. SOCIETY OF SISTERS
replaced without notice and for unknown reasons. 268 U.S. 510

Commission on Human Rights (CHR) – ruled that there


had been violation of the teachers’ civil and political
FACTS:
rights which CHR was empowered to investigate 1922 Compulsary Education Act of Oregon – required
children aged 8-16 years old to attend public schools.
HELD: The Sisters – filed suit against Oregon Governor Walter
a. The only thing CHR can do, if it concludes that Pierce alleging that the Act conflicts with the 14th
Secretary Cariño was in error, is refer matter to Amendment which provides a liberty interest in a
appropriate government agency or tribunal for parent’s or guardian’s right to decide the mode in which
assistance that would be the Civil Service their children are educated. Further, they replied that
Commission (CSC). although the state had a powerful interest in their
b. CHR has no business intruding into the jurisdiction children's education, the interest was not so strong as to
and functions of the Education Secretary or the CSC. require the state's mandate of an educational choice of
It has no business going over the same ground this sort.
traversed by the latter and making its own judgment
on the questions involved. This would accord success HELD:
to what may well have been the complaining
a. The Act violates the 14th Amendment because it
teachers' strategy to abort, frustrate or negate the
interferes with protected liberty interests and has no
judgment of the Education Secretary in the
reasonable relationship to any purpose within the
administrative cases against them which they
competency of the State.
anticipated would be adverse to them.
b. The Sisters have standing because the result of
enforcing the Act would lead to the destruction of
their schools. The State has the power to regulate all
SECTION 12 schools, but parents and guardians have the right
“The State recognizes the sanctity of family life and and duty to choose the appropriate preparation for
shall protect and strengthen the family life and shall their children.
protect and strengthen the family as a basic
autonomous institution. It shall equally protect the life DECS v. San Diego
of the mother, and the life of the unborn form 180 SCRA 533
conception. The natural and primary right and duty of
parents in the rearing of the youth for civic efficiency FACTS:
and the development of moral character shall receive Rob Rey San Diego – is a graduate of UE with a degree of
the aid and support of the government” B.S. Zoology. He took the NMAT three times and flunked
it as many times. When he applied to take it again, his
application was rejected by the Department of PURPOSE
Education, Culture, and Sports (DECS) by virtue of MECS  Encourage the involvement and participation of
Order No. 12, which provides: “A student shall be the youth sector in nation-building
allowed only three (3) chances to take the NMAT. After
three (3) successive failures, a student shall not be
Laws on Youth Participation
allowed to take the NMAT for the fourth time.
 PD 684 (1975) – established the Kabataang
San Diego – they filed petition with the RTC to compel his Barangay (KB).
admission to the test. He then filed a petition before the
 RA 7160 (1991) – incorporated Sangguniang
RTC on the ground of due process and equal protection
and challenging the constitutionality of the order.
Kabataan (SK) in the Local Government Code
and abolished the KB.
RTC – granted the petition filed by San Diego.

SECTION 14
HELD:
“The State recognizes the role of women in nation-
a. Decision of the RTC must be reversed. The subject of building and shall ensure the fundamental equality
challenged regulation is certainly within the ambit of before the law of women and men.”
police power.
b. The Court feels that it is not enough to simply invoke
CORRELATION
the right to quality education as a guaranty of the
 Art. XIII, Sec. 14, Constitution – “The State shall
Constitution: one must show that he is entitled to it
protect working women by providing safe and
because of his preparation and promise.
healthful working conditions, taking into account
c. It is stressed that a person who does not qualify in
their material functions, and such facilities and
the NMAT is not an absolute incompetent unfit for
opportunities that will enhance their welfare and
any work or occupation. The only inference is that he
enable them to realize their full potential in the
is probably better, not for the medical profession,
service of the nation.”
but for another calling that has not excited his
interest.
Illustrative Case
Virtuoso v. Municipal Judge  PT&T v. NLRC, G.R. No. 118978, May 23, 1997 –
82 SCRA 191 PT&T’s policy of not accepting or considering as
disqualified from any work any women worker
FACTS: who contracts marriage runs afoul of the test of,
Francisco Virtuoso Jr. – 17 years old, was accused of and the right against discrimination, afforded all
robbery. women workers by our labor code and by no
less than the Constitution.
Judge of Mariveles, Bataan – set bail at P16,000.00, an
amount which the accused minor considers excessive. He
filed application for writ of habeas corpus.
PT&T v. NLRC
G.R. No. 118978, May 23, 1997
Virtuoso – filed habeas corpus contending that the amount
of the bail is excessive. FACTS:
PT&T – has a company policy of not accepting or
HELD:
considering disqualified from work any woman worker
a. Virtuoso is a 17-year old minor entitled to the who contracts marriage.
protection and benefits of the Child & Youth Welfare
Grace De Guzman – an employee of PT&T, was dismissed
Code.
from the service when she contracted marriage during
b. A youthful offender being defined as “one who is
her employment pursuant to said company policy. Thus,
over 9 years old but under 18 years of age at the
she filed case for illegal dismissal.
time of the commission of the offense”.
c. As such, he could be provisionally released on NLRC – ruled that she was illegally dismissed and ordered
recognizance in the discretion of a court. her reinstatement. PT&T went to SC.

HELD:
SECTION 13 a. PT&T’s policy of not accepting or considering as
“The State recognizes the vital role of the youth in disqualified from work any woman worker who
nation-building, and shall promote and protect the contracts marriage runs afoul of the test of, and the
physical, moral, spiritual, intellectual and social well- right against, discrimination, afforded all women
being. It shall inculcate in the youth patriotism and workers by our labor laws and by the Constitution.
nationalism and encourage their involvement in public b. ART. 136 of the Labor Code states, in uncertain
and civic affairs.” terms: “It shall be unlawful for an employer to require
as a condition of employment or continuation of
employment that a woman employee shall not get
CORRELATION
married, or to stipulate expressly or tacitly that upon
 UN Convention on the Rights of Children – getting married, a woman employee shall be deemed
create avenue wherein youth sector can resigned or separated, or to actually dismiss,
participate in the affairs of government and the discharge, discriminate or otherwise prejudice a
country as a whole. woman employee merely by reason of her marriage.”
c.
SECTION 15 CORRELATION
“The State shall protect and promote the right to  Art. XIV, Sec. 5, Constitution – “The State shall
health of the people and instill health consciousness assign the highest budgetary priority to education and
among them.” ensure that teaching will attract and retain its rightful
share of the best available talents through adequate
IMPLEMENTATION remuneration and other means of job satisfaction and
fulfillment.”
 R.A. 9211 (July 14, 2014)
a) prohibits smoking in public places;
Illustrative Case
b) requires cigarette packs to be covered by
Guingona v. Carague, 196 SCRA 221 – Sec. 5, Art. XIV
graphic pictures and illustrations of smoking
of the Constitution which provides for the highest
hazards such as damaged lungs and throats.
budgetary priority to education is merely directory;
the hands of Congress cannot be so hamstrung as to
SECTION 16
deprive it of the power to respond to the imperatives
“The State shall protect and advance the right of the
of national interest and the attainment of other state
people to a balanced and healthful ecology in accord
policies and objectives.
with the rhythm and harmony of nature.”
GUINGONA v. CARAGUE
Illustrative Case 196 SCRA 221
 Oposa v. Factoran, 224 SCRA 792 – 44 minors for
their generation as well as for “generations yet FACTS:
unborn” had a valid cause of action in
GAA of 1990 – contains P88 Billion as automatic
questioning grant of TLA pursuant to their right
appropriation for debt service authorized by PD 81, and
to a balanced and healthful ecology. Their right appropriation of P27 Billion for DECS.
to healthy environment carried with it
Sen. Teofisto Guingona – assails the constitutionality of
obligation to preserve that environment for
PD 81 on the ground that it is violative of Sec. 5, Art. XIV,
succeeding generations.
which provides for the highest budgetary priority to
education.

OPOSA v. FACTORAN HELD:


224 SCRA 792
a. Sec. 5, Art. XIV, which provides for the highest
FACTS: budgetary priority to education is merely directory;
b. the hands of Congress cannot be so hamstrung as to
44 minors for their generation as well as for deprive it of the power to respond to the imperatives
“generations yet unborn” – alleging that they are of national interest and the attainment of other state
entitled to the “full benefit use and enjoyment of the policies and objectives.
natural resource treasure that is the country’s virgin
tropical rainforests” filed class suit against DENR Sec.
Fulgencio Factoran, Jr. to stop issuance of Timber
SECTION 18
License Agreements (TLA) and cancel those issued to
“The State affirms labor as a primary social economic
stop deforestation.
force. It shall protect the rights of workers and
Secretary Factoran, Jr. – filed a Motion to Dismiss the promote their welfare.”
complaint based on two (2) grounds: (1) the plaintiffs
SECTION 20
have no cause of action against him and (2) the issue
“The State recognizes the indispensable role of the
raised is a political question.
private sector, encourages private enterprise, and
RTC-Makati Judge Eriberto Rosario – dismissed the case. provides incentives to needed investments.”
Thus, the recourse to the Suit.

CORRELATION
HELD:
 Art. XIII, Sec. 3, Constitution – “The State shall
a. They had a valid cause of action in questioning grant afford full protection to labor, local and overseas,
of TLA pursuant to their right for a balanced and organized and unorganized, and promote full
healthful ecology.
employment and equality of employment
b. Their right to healthy environment carried with it
opportunities for all.”
obligation to preserve the environment inherited by
the succeeding generations.
Illustrative Case
PASEI v. Drilon, 163 SCRA 386 – DOLE Department
SECTION 17 Order No. 1 which passed for the temporary
“The State shall give priority to education, science and suspension of deployment of Filipino domestic and
technology, arts, culture, and sports to foster household workers is constitutional. Protection of
patriotism and nationalism, accelerate social progress, labor does not signify the promotion of employment
and promote total human liberation and alone. What concerns the Constitution more
development.” paramountly is that such an employment be above
all, decent, just, and humane.
SECTION 19 SECTION 23
“The State shall develop a self-reliant and independent “The State shall encourage non-governmental,
national economy effectively controlled by Filipinos.” community based, or sectoral organizations that
promote the welfare of the nation.”
CORRELATION
 Art. XII, Sec. 13, Constitution – “The State shall SECTION 24
pursue a trade policy that serves the general “The State recognizes the vital role of communication
welfare and utilizes all forms and arrangements in nation-building.”
of exchange on the basis of equality and
reciprocity.” SECTION 25
“The State shall ensure the autonomy of local
TAÑADA v. ANGARA governments.”
272 SCRA 18
BASCO v. PAGCOR
FACTS: 197 SCRA 52

Senate ratified WTO Agreement, which opens access to


foreign markets through reduction of tariffs on its exports. FACTS:
Tañada assails the Agreement for violating Constitutional PD 1869 exempts PAGCOR from paying any “tax of any
mandate to “develop a self-reliant and independent national kind or form, income or otherwise, as well as fees, charges or
economy effectively controlled by Filipinos.” levies of whatever nature whether National or Local.”
Humberto Basco seeks to annul PD 1869, because the law
HELD: has intruded into the local government’s right to impose
local taxes and license fees, in contravention of the
The Agreement does not violate Sec. 19, Art. II, because
principle of local autonomy.
said section should be read in relation to Sec. 13, Art. XII,
which requires the pursuit of a trade policy that “serves the
general welfare and utilizes all forms and arrangements of HELD:
exchange on the basis of equality and reciprocity.” Local autonomy under the 1987 Constitution simply
means “decentralization”. It does not make local
governments sovereign within the state or an “imperium
SECTION 21 in imperio”.
“The State shall promote comprehensive rural
development and agrarian reform.” DADOLE v. COA
G.R. No. 125350, Dec. 3, 2002

CORRELATION
 Art. XIII, Sec. 4, Constitution – “The State shall, FACTS:
by law, undertake an agrarian reform program Judges stationed in Mandaue City receive monthly
founded on the rights of farmers and regular allowance of P1,500.00 from the City. D&M issued circular
farm-workers, who are landless, to own directly limiting the allowance to not monthly more than
or collectively the lands they till or, in the case of P1,000.00. City Auditor asked the judges to reimburse the
amount they received in excess of P1,000.
other farm-workers, to receive a just share of the
fruits thereof...”
HELD:
Illustrative Case Any directive by the President or his alter egos seeking to
 Association of Small Landowners v. Sec. of alter wisdom of a law-confirming judgment on local affairs
of LGU is patent nullity because it violates the principle of
Agrarian Reform, 175 SCRA 342 – “no less than
local autonomy and separation of powers of the executive
the constitution itself has ordained this
departments in governing municipal corporation.
revolution in the farms, calling for a “just
distribution” among the farmers of lands that
have heretofore been the prison of their dreams SECTION 26
but can now become the key at least to their “The State shall guarantee equal access of
deliverance” opportunities for public service, and prohibit political
 Luz Farms v. Sec. of Agrarian Reform, 192 SCRA dynasties as may be defined by law.”
51 – “lands devoted to livestock and poultry-
raising are not included in the definition of PAMATONG v. COMELEC
agricultural land. Certain provisions of CARL G.R. No. 161872, Apr. 13, 2004
insofar as they included livestock farms in the
coverage of agrarian reform are FACTS:
unconstitutional.” Elly Pamatong filed his certificate of Candidacy for
President. Comelec declared him nuisance candidate. He
SECTION 22 assails this as violative of his right to “equal access to
“The State recognizes and promotes the rights of opportunities for public service”, by limiting the number of
indigenous cultural communities within the qualified candidates only to those who can afford to wage a
framework of national unity and development.” nationwide campaign and/or are nominated by political
parties.
HELD:
ADDITIONAL NOTES
The provision does not bestow a right to seek the
Presidency. The provision is not intended to compel the
State to enact positive measures that would accommodate
as many as possible into office. The privilege may be
subjected to limitations. One such limitation is the
provision of the Omnibus Election Code on nuisance
candidates.

SECTION 27
“The State shall maintain honesty and integrity in the
public service and take positive and effective measures
against graft and corruption.”

SECTION 28
“The State recognizes the vital role of the youth in
nation-building, and shall promote and protect the
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.”

CORRELATION
 Art. III, Sec. 7, Constitution – “The right of the
people to information on matters of public concern
shall be recognized. Access to official records, and to
documents, and papers pertaining to official acts,
transactions, or decisions, as well as to government
research data used as basis for policy development,
shall be afforded the citizen, subject to such
limitations as may be provided by law.”

AQUINO-SARMIENTO v. MORATO
203 SCRA 515

FACTS:
Carmen Aquino-Sarmiento – member of MTRCB,
requested in February 1989 to examine board’s records
pertaining to the voting slips of individual board
members after review of the movies and television
productions.
Manuel Morato – Chairman of MTRCB, denied the request
on the ground that individual voting slips are purely
and completely private and personal.
Board Resolution No. 10-89 – issued on July 27, 1989,
declared as confidential, private and personal, the
decision of the reviewing committee and the voting slips
of the members.
Aquino-Sarmiento – thus elevated the case to the SC.

HELD:
a. Morato’s refusal to allow Aquino-Sarmiento to
examine the records is violative of the constitutional
right of access to public records, specifically, Sec. 7,
Art. III of the Constitution.
b. Decisions of the Board and the individual voting slips
accomplished by the members of the concerned are
acts made pursuant to their official functions, and as
such, are neither personal nor private in nature but
rather public in character. They are, therefore, public
records access to which is guaranteed to the
citizenry by no less than the fundamental law of the
land.