Article II

Declaration of Principles and State Policies

PRINCIPLES

According to Bernas, the declaration of principles is the statement of the basic principles that underlie
in the Constitution. As such, the provision sheds light on the meaning of the other provisions of the
Constitution.

Preamble Declaration of Principles

 The ideals, goals or dream of the
Filipino people
 The outline of the Constitution
 The path towards the goal
 The 28 principles and policies are
related to the other provisions of the
Constitution.

According to Sinco, the declaration of principles is the basic political creed of the nation. It lays down
the policies the government is bound to observe. The policies that the Congress shall observe; it is their
guidelines, so that when they enact laws, it has to be in accordance with the Constitution. The
Executive’s order must also be in accordance with the Constitution.

1935 Constitution: There are 5 sections in the Declaration of Principles

1973 Constitution: There are 10 sections in the Declaration of Principles and State Policies
1987 Constitution: There are 28 - 6 Principles and 22 State Policies.
Proposed Federal Constitution: There are 27 – 5 Principles and 22 State Policies

Principles – Binding rules which must be observed in the conduct of government

Policies – Guidelines for the orientation of the state

Unlike the 1935 and 1973 Constitution, the Principles were merely guides for legislation or guides or
the executive in its governance, the 1987 Constitution already contains provisions that are self-
executory or enforceable. In the case of Oposa v. Factoran, the Supreme Court ruled that the
Declaration of Principles, specifically Section 15 and Section 16, are already enforceable, hence, there is
no need for an enabling law.

Section 15. The State shall protect and promote the right to health of the people and instill health
consciousness among them.

Section 16. The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.

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

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From the ancient Greece came democracy denoting popular government. It is derived from the word
‘demo’ which means people, and ‘kratia’ which means power. Democracy means power of the people.

The Tydings McDuffie Law mandated that the Constitution to be formulated by the Filipinos must be
Republican in form. Section 1 in the 1935 Constitution was in response to that command of the
Americans. A government which is Republican in form is for the people they empower and the leaders
they elect to represent and govern them. And because the constitutional mandates that Sovereignty
resides from the people, government authority emanates from them.

It is essential to such a government that it must be derived from the great body of the society, meaning
the people. Its purpose is to guarantee against two extremes – one extreme is monarchy and oligarchy.
Another extreme is pure democracy.

Monarchy is where the supreme authority lies in the hands of a single person.
Pure or direct democracy is one in which the will of the State is formulated or expressed directly
through the people in mass meetings or assembly.

According to Bernas, the addition of the word ‘democratic’ in Section 1 of the 1987 Constitution means
that the Philippines is not just a representative government, but also shares some aspect of direct
democracy, such as:

(1) The provision mandating the Congress to enact a system of initiative and referendum, under
Article 6, Section 32 and Article 17, Section 2:

Article 6, Section 32 of the 1987 Constitution:

The Congress shall, as early as possible, provide for a system of initiative and referendum, and
the exceptions therefrom, whereby the people can directly propose and enact laws or approve or
reject any act or law or part thereof passed by the Congress or local legislative body after the
registration of a petition therefor signed by at least ten per centum of the total number of
registered voters, of which every legislative district must be represented by at least three per
centum of the registered voters thereof.

Article 17, Section 2 of the 1987 Constitution:

Amendments to this Constitution may likewise be directly proposed by the people through
initiative upon a petition of at least twelve per centum of the total number of registered voters, of
which every legislative district must be represented by represented by at least three per centum
of the registered voters therein.

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.

There are three (3) mandates in Section 2:

1. The Philippines renounces war as an instrument of national policy.

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 2. The Philippines adopts the generally accepted principles of international law as part of the law of
the land.
3. The Philippines adheres to the policy of peace, equality, justice, freedom, cooperation, and amity
with all nations.

Renunciation of War
It renounces war, the word is renounce, but what it renounces is a war of aggression. It does not
renounce a defensive war; because the power to wage a defensive war is the very essence of
Sovereignty, meaning the people have to protect themselves.

Related to Article 2, Section 4 - which makes the defense of the state the duty of the government and
the people.

Article 2, Section 4 of the 1987 Constitution

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 fulfilment thereof, all citizens may be required, under
conditions provided by law, to render personal, military, or civil service.

Related to Article 6, Section 23 – which gives the Congress the power to declare a state of war.

Article 6, Section 23 of the 1987 Constitution

(1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting
separately, shall have the sole power to declare the existence of a state of war.

There are questions being asked such as why did the delegates in the Constitutional Convention use the
word ‘renounce’. Renounce means that you have that policy and now you are renouncing it. You
renounce war as a national policy. In other words, when you renounce it, you have it first, so that you
have something to renounce. There are suggestions, should it not be condemns war as an instrument of
national policy?

The adoption of the generally accepted principles of international law as part of the law of the land, it is
a specific declaration that international law has the force also of domestic law. The effect is that
international law can be used by Courts to settle domestic disputes. The problem is the determination
what among these international law must be accepted or adopted by Philippine Courts as part of the law
of the land. In the final analysis, it will be the Courts that will determine which international law should
be made applicable to domestic situation.

SECTION 3: Civilian Authority is, at all times, supreme over the military. The Armed Forces of
the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of
the State and the integrity of the national territory.

 The first sentence ‘Civilian Authority is, at all times, supreme over the military’ is the original
sentence. The other two sentences are additions in the 1987 Constitution.
 Under 1935 Constitution, Civilian Supremacy was really implied in the Article 7, which made
the President a civilian and a commander in chief. He is still the civilian-commander-in-chief
even in the 1987 Constitution.

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 Under 1973 Constitution, made the principles explicit.
The 1987 Constitution copied the 1973 Provisions.
 What is meant by Supremacy of Civilian Authority?
It is not supremacy of civilian officers, who are in power. It is the Supremacy of Gov. Mamba
over the military. It is the Supremacy of the Senators, the elected officers, civilian over the
military. What does it mean? Sovereignty of the civilian people. Civilian Authority is supreme
over the military. Sovereignty of the people is supreme over the military.
 The second and third sentences acquire notorious interpretation. According to Bernas, the
military has a political role and the political role of the military is found in the sentence – its goal
is to secure the sovereignty of the state and the integrity of the national territory. The military
exercise of political power can be justified as a last resort when civilian authority has lost its
legitimacy.
 Bernas seemed playing with the role of the military in that revolution. He interpreted the second
and third sentences to be the political role of the military. The military exercise of political
power can be justified as a last resort when civilian authority has lost its legitimacy. So who will
determine if the civilian authority is lost? The military? So the military will take over. This is a
dangerous comment.
 Bernas said one cannot escape the conclusion that the AFP can be a legitimate instrument for the
overthrow of a civilian government that has ceased to be the servant of the people. That a long
standing tyranny can be legitimately overthrown.

Who will determine when a civilian government has ceased to be a servant of the people? The
military?

This part of the Constitution was not copied anymore. It was not supported by the present
government.

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 fulfilment thereof, all citizens
may be required, under conditions provided by law, to render personal military or civil service.

Compare the three Constitutions.

1935 Constitution: ‘The defense of the State is the prime duty of the government’
Simple definition.
1973 Constitution: ‘The defense of the State is the prime duty of the government and the people’
The term ‘people’ was added.
1987 Constitution: ‘The prime duty of the government is to serve and protect the people. Not the
defense of the State’.
The essence of the 1935 provision was lost.

The government may call on the people to defend the state and in the fulfilment thereof, all citizens may
be required by conditions provided by law to render personal military or civil service.

by conditions provided by law intends to give the Congress a flexible guideline in dealing with
conscientious objectors.

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SECTION 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.

It is the essence of the Constitution. NO need to say.

SECTION 6: The separation of the Church and the State shall be inviolable.

This provision was part of the Treaty of Paris. The Treaty of Paris was when Spain sold Philippines to
the Americans with 20million dollars. This provision is to guarantee that the territories ceded to the US
shall be secured in the free exercise of religion. Because during Spaniards colonization, there was a state
religion, which is Catholicism. Americans erased that because for them there must be free exercise of
religion.

Related to Article 3 (Bill of Rights), Section 5 of the 1987 Constitution – provides non-establishment
clause and free exercise of religion clause.

Free exercise of religion clause – provides that no law shall pass respecting an establishment of
religion or prohibiting exercises thereof.

Non-establishment clause prohibits the State from passing one law which aids one religion, from
passing laws which aid all religions or from passing laws which prefer one religion over one another.

Article 3 (Bill of Rights), Sec.5 of the 1987 Constitution

No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required for the exercise of civil or
political rights.

Opinion: Is this provision a mandate against the State only? How about the Church? Who tells to the
religious people not to meddle in the state affairs?

COMMENTARY

Randy David: The doctrine of separation of the Church and the State is not violated when religious
leaders attempt to influence public policy. It is preached when the political system resolves state issues
on the basis of religious arguments and affiliations.

Explain: When the State uses religious dogma to settle state affairs, then it is violation of this
provision. However, when the religion voices their opinions, it cannot be considered meddling, therefore
it is not a violation of the provision of separation of the Church and State.

STATE POLICIES

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SECTION 7: The State shall pursue an independent foreign policy. In its relations with other
states, the paramount consideration shall be national sovereignty, territorial integrity, national
interest, and the right to self-determination.

In its relations with other states, the paramount consideration shall be - national sovereignty, territorial
integrity, national interest, and the right to self-determination. These are the considerations that should
form what kind of foreign policy a country must have. Foreign policies are mandated by the President.

Relations to other states also include establishment of military bases. Related to Article 18 (Transitory
Provisions), Section 25 of the 1987 Constitution

Article 18 (Transitory Provisions), Section 25 of the 1987 Constitution

After the expiration in 1991 of the Agreement between the Republic of the Philippines and the
United States of America concerning military bases, foreign military bases, troops, or facilities shall not
be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the
Congress so requires, a ratified by a majority of the votes cast by the people in a national referendum
held for that purpose, and recognized as a treaty by the other contracting State.

SECTION 8: The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in is territory.

They key word is nuclear weapons. Not all kinds of nuclear are prohibited. Nuclear power vessel is not
prohibited.

 A nuclear power submarine entered or docketed Philippine territory, is this a violation of this
provision? No, it is not if it is not carrying nuclear weapons. The ban is only in nuclear arms. The
use and stockpiling of nuclear weapons, devices and parts thereof. It includes possessing,
controlling and manufacturing of nuclear weapons. It does not ban the peaceful use of nuclear
energy nor on all nuclear capable vessels.

Question: The policy is if there is no nuclear weapon inside a vessel, it is not prohibited. What if a
Chinese vessel carrying a nuclear weapons entered Philippine territory?
Answer: There is an exemption to this, which can be found in the provision itself ‘consistent with the
national interest, adopts and pursues a policy of freedom from nuclear weapons in is territory’. If the
entry of nuclear powered submarine with nuclear weapons should be consistent with national interest;
hence that vessel shall be allowed to enter to Philippine territory. If it will come later on that China will
save us, and if the President allows and it is consistent with national interest, therefore it is not a
violation of this provision.

SECTION 9: The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through policies that
provide adequate social services, promote full employment, a rising standard of living, and an
improved quality of life for all.

SECTION 10: The State shall promote social justice in all phases of national development.

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Section 9 and 10 are related to Article 13, Section 1 and 2 of the 1987 Constitution.

Article 13, Section 1 of 1987 Constitution

The Congress shall give highest priority to the enactment of measures that protect and enhance
the right of all the people to human dignity, reduce social, economic, and political inequalities, and
remove cultural inequities by equitably diffusing wealth and political power for the common good. To
this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its
increments.

Section 2
The promotion of social justice shall include the commitment to create economic opportunities
based on freedom of initiative and self-reliance.

Related to Article 12 (National Economy and Patrimony), Section 1 of the 1987 Constitution
The goals of the national economy are a more equitable distribution of opportunities, income,
and wealth…

Two cases:

PEOPLE VS. POMAR (1924; Before 1935 constitution)

The Supreme Court cracked down a law/statute prescribing a 30 day vacation leave with pay before and
after confinement from pregnancy. However, in the condition of employment, there is no such thing,
there is no maternity leave with pay. The Court said this statute is an invasion of Freedom of Contract.
In understanding this, the People vs Pomar case was decided before the 1935 Constitution. For the first
time in the 1935 Constitution, there is a provision in social justice.

ANTAMOC MINING vs COURT INDUSTRIAL RELATIONS (1940; This case was decided
based on the 1935 Constitution)

 1935 Constitution provides for social justice

 Because of the social justice provision in the 1935 Constitution, the Pomar doctrine was
abandoned. Justice Laurel said that the policy of laissez faire has to some extent given way to the
assumption by the government of the right of intervention even in contractual relations affected
in public interest.
 1935 and 1973 Constitution focused on economic inequities.
1987 Constitution covers all phases of national development, but with emphasis not just on
socio-economic but also on political and cultural inequities.

What is meant by ‘Those who have less in life must have more in law’?
Meaning: It means more protection of the law and favourable legislation for those who have less in life;
it also commands legal bias in favour of those underprivileged.

When the law is clear and valid, it simply must be applied. When the law can be interpreted in more
ways than one, an interpretation that favors the underprivileged must be followed.

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SECTION 11: The State values the dignity of every human person and guarantees full respect for
human rights.

Basic provisions can be found in Article 3 (Bill of Rights) and Article 13 (Social Justice and Human
Rights)

SECTION 12: The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the mother and
the life of the unborn from conception. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of moral character shall receive the
support of the government.

Related to Article 15 (The Family) of the 1987 Constitution

Article 15, Section 2 of the 1987 Constitution

Marriage, as an inviolable social institution, is the foundation of the family and shall be protected
by the State.
 Sec. 2 of Art. 15 provides that the protection for marriage as an inviolable social institution is not
a blanket prohibition of divorce. Also, the protection of the State is extended to other stable
unions entered into by folks, ritual or simply living together.
 It is not true that if you are not married or simply living together you are not protected by law.
You are protected by law, even the property relations between those just cohabiting with each
other. Example: Law on co-ownership applies to those who have mutual equality to each other

Is same sex marriage legal in the Philippines?

NO, because the Family Code requires that the marriage must be between a man and a woman

Is it constitutionally prohibited?
NO, because it is merely a statutory prohibition. So even if you do not amend the Constitution, if
Congress will come up with the same sex marriage, only they have to do is to amend the sections 1 and
2 of the Family Code.

There is no constitutionally provision prohibiting same-sex marriage in the Philippines. In fact, the
requirement of the Family Code may be questioned as violative of equal protection clause of the
Constitution.

Another provision for the protection of the unborn, begins from the moment of conception, that is
fertilization.

The duty of parents in rearing the youth is primary or superior to that of the State. Related to Section
17, Article 2 (Declaration of Principles and State Policies) and Article 14 (Education) of the 1987
Constitution.

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 Article 2, Section 17 of the 1987 Constitution
The State shall give priority to education, science and technology, arts, culture, and sports to
foster patriotism and nationalism, accelerate social progress, and promote total human liberation and
development.

SECTION 13: The State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage their involvement in pulic and
civic affairs.

SECTION 14: The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.

Related to Article 13, Section 14 (Women).

Article 13, Section 14 (Women) of the 1987 Constitution

The State shall protect working women by providing safe and healthful working conditions,
taking into account their maternal functions, and such facilities and opportunities that will enhance their
welfare and enable them to realize their full potential in the service of the nation.

This provision was already implemented. Ex. Salesladies of the Robinsons and SM. They are
now allowed to wear flat shoes.

SECTION 15: The State shall protect and promote the right to health of the people and instill
health consciousness among them.

Related to Section 11 to 13, Article 13

Section 11
The State shall adopt an integrated and comprehensive approach to health development which
shall endeavour to make essential goods, health, and other social services available to all the people at
affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled,
women, and children. The State shall endeavor to provide free medical care to paupers.

 Recognition that health is a fundamental human right. It mandates a unified health delivery
system that is integrated, comprehensive and affordable. It calls for medical care for paupers.
The Government is moving towards universal health care. It has gone a long way towards the
betterment of the health care.

Section 12
The State shall establish and maintain an effective food and drug regulatory system and
undertake appropriate health, manpower development, and research, responsive to the country’s health
needs and problems.

Section 13

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 The State shall establish a special agency for disabled person for their rehabilitation, self-
development, and self-reliance, and their integration into the mainstream of society.

 Related to Article 15 (The Family), Section 3 of the 1987 Constitution

Section 3
The State shall defend: (1) The right of spouses to found a family in accordance with their
religious convictions and the demands of responsible parenthood.
This is the foundation of RH bill.

SECTION 16: The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.

The provision manifests a clear desire to make environmental protection and ecological balance the
subject of police power.

Oposa vs Factoran (1993)

Facts: The 34 minors went to Court pleading for inter-generational responsibility and inter-generational
justice in asking the Secretary of the DENR to cancel all existing timber license agreements and to desist
from issuing new ones.
In 1993, DENR had timber license agreement. It is an privelege given to loggers by the government to
cut tress provided that they plant after. But the 34 minors just cut and didn’t plant.

Then, the minors went to Court questioning this act and asking to cancel the timber license agreement.
The Court dismissed the petition because they could not cite a law to support their course of action. The
Court said it needs a law that will implement it, because it is only a policy.
The Supreme Court reversed the decision of the lower court. Although it did not order the outright
cancellation of the timber licenses. It affirmed the justiciability of the issue raised. The Supreme Court
said, Yes, it can be the subject of a court case, justiciability. The Court, in the basis of Section 16 link
the right to have and Section 15, recognized a right to a balance and healthful ecology and correlative
duty to refrain from impairing the environment.

Laguna Lake Development Authority vs Court of Appeals (1994)

Facts: The Supreme Court relying on section 16 has also bolstered by the right to health under section 15
as well as the Universal Declaration of Human Rights and the Alma Conference of 1978 upheld the
authority of the LLDA to protect the inhabitants of the Laguna lake area from deleterious effects of
pollutants coming from the garbage dumping in discharge of waste coming from the area.

SECTION 17: The State shall give priority to education, science and technology, arts, culture, and
sports to foster patriotism and nationalism, accelerate social progress, and promote total human
liberation and development.

 Department of Education was given biggest Appropriation budget.

 Related to Article 14 (ESTACS - Education, Science and Technology, Arts, Culture and
Sports)
 Comparison of Academic Freedom

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 1935 Constitution provides that the universities established by the State shall enjoy academic
freedom.
- The university is given academic freedom.
- Institutional
- Ex. UP

1973 Constitution provides that all institutions of higher learning shall enjoy academic freedom.
- Still institutional
- Colleges or universities both public and private

1987 Constitution provides that academic freedom shall be enjoyed in all institutions of higher
learning.
- Emphasis to ‘in’
- Not institutional
- The whole institution such as teachers has academic freedom.
- Everybody has academic freedom.
-

SECTION 18: The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.

 This provision is a statement of constitutional policy on labor.

 Related to Article 13 (Social Justice and Human Rights), Section 3 of the 1987 Constitution.
This extends the protective mantle of the Constitution to all labor, local, overseas, organized or
unorganized.

Article 13, Section 3 (Labor)

The State shall afford full protection to labor, local and overseas, organized and unorganized,
and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance
with law. The shall be entitled to security of tenure, humane conditions of work, and a living
wage. They shall also participate in policy and decision-making processes affecting their rights
and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers
and the preferential use of voluntary modes in settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of
labor to its just share in the fruits of production and the right of enterprises to reasonable returns
to investments, and to expansion and growth.

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SECTION 19: The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.

SECTION 20: The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.

 Section 19 and 20 are said to be the two economic pillars of the economic policy of the
Constitution.
 It is also related to Article 12 (National Economy and Patrimony)

Article 12 (National Economy and Patrimony)

The goals of the national economy are a more equitable distribution of opportunities, income and
wealth…

SECTION 21: The State shall promote comprehensive rural development and agrarian reform.

 The emphasis is on the word ‘comprehensive’. Rural development is not just an agricultural
development, but rather it encompasses a broad spectrum of social, economic, human, cultural,
political, and even industrial development.
 This provision is closely related to the provision of Social Justice in Section 9 and 10, Article 2
and Article 13, Section 1 and 2.

Article 2, Section 9
The State shall promote a just and dynamic social order that will ensure the prosperity
and independence of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living, and an improved
quality of life for all.

Article 2, Section 10
The State shall promote social justice in all phases of national development.

Article 13, Section 1

The Congress shall give highest priority to the enactment of measures that protect and
enhance the right of all the people to human dignity, reduce social, economic, and political
inequities by equitably diffusing wealth and political power for the common good. To this end,
the State shall regulate the acquisition, ownership, use, and disposition of property and its
increments.

Article 13, Section 2

The promotion of social justice shall include commitment to create economic
opportunities based on freedom of initiative and self-reliance.

SECTION 22: The State recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.

Implementation of this policy is found principally in four provisions of the Constitution:

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 1. Article 10 (Local Government), Section 15 – 21 (Autonomous Regions)  providing for the
creation of the autonomous region

2. Article 12 (National Economy and Patrimony), Section 5  The protection of the right of the
indigenous people to their ancestral lands.

Article 12, Section 5

The State, subject to the provisions of this Constitution and national development policies
and programs, shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social, and cultural well-being.

3. Article 14,(Education, Science and Technology, Arts, Culture, and Sports), Section 17  to
protect the rights of the indigenous people to preserve their culture and traditions, and
institutions.

Article 14,, Section 17

The State shall recognize, respect, and protect the rights of indigenous cultural
communities to preserve and develop their cultures, traditions, and institutions. It shall
consider these rights in the formulation of national plans and policies.

4. Article 12 (National Economy and Patrimony), Section 16  Creation of a consultative body

to advice the president on indigenous cultural communities.

SECTION 23: The State shall encourage non-governmental, community-based, or sectoral

organizations that promote the welfare of the nation.

 Related to Article 13, Section 15 and 16 (Role and Rights of People’s Organizations).

Article 13, Section 15

The State shall respect the role of independent people’s organizations to enable the
people to pursue and protect, within the democratic framework, their legitimate and collective
interests and aspirations through peaceful and lawful means. People’s organizations are bona fide
associations of citizens with demonstrated capacity to promote the public interest and with
identifiable leadership, membership, and structure.

Article 13, Section 16

The right of the people and their organizations to effective and reasonable participation at
all levels of social, political, and economic decision-making shall not be abridged. The State
shall, by law, facilitate the establishment of adequate consultation mechanisms.

SECTION 24: The State recognizes the vital role of communication and information in nation-
building.

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 This is the provision of the constitution on which the present government is relying on to
improve the communication facilities of this country and to break the monopoly of Smart and Globe by
inviting or creating a third player, which seems to be very difficult.

PLDT vs NTC
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____________________________________________________________________________________
____________________________________________________________________________________
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SECTION 25: The State shall ensure the autonomy of local governments.

 Under the 1935 Constitution, Local government is merely creation of Legislature.

 Local autonomy is mandated in 1973 and 1987 Constitution.
 Related to Article 10 (Local Government) of the 1987 Constitution.

CLASSIFICATION OF AUTONOMY (Article 10, Section 2)

DECENTRALIZATION OF ADMINISTRATION  When the central government delegates

administrative powers to political subdivisions in order to broaden the base of the central’s political
power (delegation of power)

DECENTRALIZATION OF POWER  involves an abdication (central government to cut its link

with the local governments) of political power in favor of local government units declared to be
autonomous.

One case that shows decentralization is far from being:

Magtahas vs. Prize Properties (1994)
Facts: The Government of Cagayan de Oro city contended that its authority to prohibit gambling the city
would prevent PAGCOR from operating a casino in the city. Cagayan de Oro came up with the city
resolution prohibiting the operation of PAGCOR in the city. It appears that the autonomy under the 1987
Constitution was merely a decentralization of administration. The Supreme Court said provincial or city
ordinances should not contravene a statute. Municipal governments are only agents of the national
government. Since the creation of the PAGCOR is by law created by Congress. No city or local
government like Cagayan de Oro can contravene this law that was passed by the National Legislation.
So, there is no such thing as decentralization

SECTION 26: The State shall guarantee equal access to opportunities for public service and
prohibit political dynasties as may be defined by law. (READ: Cielito Habito article)

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

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  Related to Article 11 (The Legal Officer)
 It is related also to the filing of SALN of all government employees and officials

SECTION 28: Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of public disclosure of all its transactions involving public interest.

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