MODULE 4

PRINCIPLES AND STATE POLICIES

(Sections 1 - 28, Article II)
Intended to lay down rules underlying our system of government and must therefore be adhered to in
the conduct of public affairs and the resolution of public issues.
Purpose is to emphasize and articulate more unequivocally the objectives and limitations of
governmental action in pursuit of the general goals announced in the Preamble.
Principles : binding rules which must be observed in the conduct of government
Policies : guidelines for the orientation of the state
* Difference between the two is irrelevant in our Constitution
PREAMBLE

• Written in the first person to deepen the sense of involvement and participation of the individual
citizens, who made the constitution
• Not considered a source of power or substantive right
Purpose:

• To introduce the Constitution

• To manifest the sovereign will of the Filipino people
• To indicate the authors
• To enumerate the primary aims aspirations of the framers
• Useful as an aid in the construction and interpretation of the Constitution
REPUBLICANISM
1987 A2 S1 The Philippines is a democratic and republican State. Sovereignty resides in the people
and all government authority emanates from them.

• Establishes the democratic and representative nature of our government and proclaims hostility
to autocratic or totalitarian regimes
• Affirms that every citizen is an individual repository of sovereignty, and as the origin and the
restriction of all government authority
“Democratic”:
In the view of the new Constitution the Philippines is not only a representative or republican state but
also shares some aspects of direct democracy such as "initiative and referendum" in Article VI, Section
32, and Article XVII, Section 2. The word "democratic" is also a monument to the February Revolution
which re-won freedom through direct action of the people

• pertains to representative democracy with some aspect of direct democracy through the people’s
initiative clause.
• kind of government where the people participate in the functioning of the same
“Republic”:
A republican state is a state wherein all government authority emanates from the people and is
exercised by representatives chosen by the people.

• a representative government run by and for the people

• where sovereignty resides in the people and where all government authority emanates from the
people
• a responsible government
• essence is representation and renovation
Representation:

• public functionaries derive their mandate from the people who selected them and as such act in
their behalf
Renovation:

• public functionaries serve for a limited period only and they are replaced or retained at the option
of their principal, the people
The Philippine Republic is characterized by the following: (G-R-A-B-E-S-B-C-D)
G – overnment of law and not of men
R – ule of majority
A – ccountability of public officers
B – ill of rights
E – lections
S – eparation of powers
B – lending of powers
C – hecks and balances
/
D – elegation of powers
Section 1-. THE PHILIPPINES IS A DEMOCRATIC AND REPUBLICAN STATE. SOVEREIGNTY
RESIDES IN THE PEOPLE AND ALL GOVERNMENT AUTHORITY EMANATES FROM THEM.
75. Villavicencio vs. Lukban, G.R. No. L-14639. Mar. 25, 1919
[In relation to constitutional right to liberty and travel of the prostitutes, the SC explained:] "These
women despite their being in a sense leper of society are nevertheless not chattels but
Philippine citizens protected by the same constitutional guaranties as are other citizens."
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.
A. Incorporation Clause
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. (Sec. 2) This
provision makes the Philippines one of the States which makes a specific declaration that
international law has the force also of domestic law. International law therefore can be used by
Philippine courts to settle domestic disputes in much the same way that they would use the Civil
Code, or the Penal Code and other laws passed by the Congress.

Doctrine of Incorporation- Every State by reason of its membership in the family of nations,
bound by the generally accepted principles of international law, which are considered
automatically part of its own laws. Art. 2, Sec. 2
By virtue of this clause, our Courts have applied the rules of international law in a number of
cases even if such rules had not previously been subject of statutory enactments, because these
generally accepted principles of international law are automatically part of our own laws.
76. Kuroda vs. Jalandoni, G.R. No. L-2662. Mar. 26, 1949
Incorporation Method - by me reconstitutional declaration, international law is deemed to have the
force of domestic law.
77. Mijares vs. Ranada, G.R. No. 139325. Apr. 12, 2005
78. Poe-Llamanzares vs. Comelec, G.R. No. 221697. Mar. 8, 2016
B. Pacta Sunt Servanda (Exceptions)
Doctrine of pacta sunt servanda - every treaty is binding upon the parties to it and must be performed
by them in good faith, “agreements must be kept”.
79. Ichong vs. Hernandez, G.R. No. L-7995. May 31,1957
Rules in case of conflict between International Law and Municipal Law
a. Efforts should first be exerted to harmonize them, so as to give effect to both;
b. If the conflict is irreconcilable, municipal law should be upheld as against international law because
it represented an exercise of the police power which, being inherent, could not be bargained away or
surrendered through the medium of treaty.
80. In Re Garcia. Aug. 15, 1961
81. Sec. of Justice vs. Lantion, G.R. No. 139465. Jan. 18, 2000
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.
Civilian Supremacy Civilian authority is, at all times, supreme over the military. The Armed Forms of
the Philippines (AFP) 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. (Sec. 3)
Ensured by:
a. The installation of the President, the highest civilian authority, as the Commander-in-Chief of the
AFP. (Art. VII, Sec. 18)
b. The requirement that members of the AFP swear to uphold and defend the Constitution, which is the
fundamental law of the civil government. (Art. XVI, Sec. 5, par. 1) The employment of the military in the
metropolis to conduct joint visibility with the PNP does not constitute breach of the civilian supremacy
clause. (IBP vs. Zamora,)
82. Olaguer vs. Military Commission No. 34, G.R. No. L-54558. May 22, 1987
83. Alih vs. Castro, G.R. No. L-69401. June 23, 1987
84. IBP vs. Zamora, G.R. No. 141284. Aug. 15, 2000
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.
85. People vs. Lagman, G.R. No. L-45892. July 13, 1938
Can President Aquino write you a letter ordering you to report to the military headquarters to
render military service? Can you refuse?
A: Yes, and I cannot refuse. As held in the case of People vs. Lagman, the duty of the Government to
defend the State cannot be performed except through an army. To leave the organization of an army
to the will of the citizens would be to make this duty of the Government excusable should there be no
sufficient men who volunteer to enlist therein.
To leave the organization of an army to the will of the citizens would make this duty of the Government
excusable should there be no sufficient men who would volunteer to enlist therein.
Section 6- The separation of Church and State shall be inviolable.

• What is the principle of the separation of Church and State?

A: Section 6 provides that “The separation of Church and State shall be inviolable.” It means that
on the one hand, the State is prohibited from interfering with purely ecclesiastical affairs and on the
other hand, the Church is prohibited from meddling in purely secular affairs.
But it does not mean that there is total or absolute separation. The better rule is symbiotic relations
between the Church and State.

• What are the two (2) important aspects of the principle of separation of Church and State?
A: (1) non-establishment clause – “No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof...” (Sec. 5, Art. III, 1987 Constitution)
(2) Free exercise clause – “The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed.”
86. Aglipay vs. Ruiz, G.R. No. L-45459. Mar. 13, 1937
The wall of separation between Church and State is not a wall of hostility. The influence of religion is
deeply felt and highly appreciated by the State.
87. Garces vs. Estenzo, G.R. No. L-53487. May 25, 1981
88. Taruc vs. Bishop Dela Cruz, G.R. No. 044801. Mar.10, 2005
Under the principle of separation of church and state, there are matters and issues which are beyond
the competence and jurisdiction of the courts of justice, i.e. religious doctrines and disciplinary matters.
89. Estrada vs. Escritor, A.M. P-02-1651. June 22, 2006
Types of Separation (Estrada v. Escritor)
a. Strict Separation - an absolute barrier, allows no interaction to protect the State from the Church.
b. Strict Neutrality - an approach not totally hostile to religion but is strict in holding that religion may
not be used as a basis for classification for purposes of governmental action
c. Benevolent Neutrality - wall of separation is meant to protect the church from the State. It
recognizes that religion plays an important role in the public life of the people. It does not say that in
every aspect and all respects there shall be a separation.
STATE POLICIES
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.
90. Lim vs. Executive Secretary, G.R. No. 151445. Apr. 11, 2002
91. Saguisag vs. Executive Secretary, G.R. No. 212426. Jan. 12, 2016
Section 10- The State shall promote social justice in all phases of national development.
Section 10 provides that “The State shall promote social justice in all phases of national
development.” Social justice does not mean absolute equality between the rich and the poor. It only
means that the underprivileged must be protected. This is in consonance with the words of former
President Ramon Magsaysay, “Those who have less in life should have more in law.”
Social justice cannot be invoked to perpetrate injustice. It cannot be invoked to trample upon the rights
of property owners, who, under the Constitution and laws, are entitled to protection. It is not meant or
intended to take away a right from one and give it to another not entitled thereto simply because he is
poor. It cannot nullify the law on obligations and contracts.
“Social justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization
of laws and the equalization of social and economic forces by the State so that justice in its rational and
objectively secular conception may at least be approximated. Social justice means the promotion of the
welfare of all the people, the adoption by the Government of measures calculated to insure economic
stability of all the component elements of society, through the maintenance of a proper economic and
social equilibrium in the interrelations of the members of the community, constitutionally, through the
adoption of measures legally justifiable, or extra-constitutionally, through the exercise of powers
underlying the existence of all governments on the time-honored principle of salus populi est suprema
lex.”
Salus populi est suprema lex - let the welfare of the people be the supreme law
92. Calalang vs. Williams, G.R. No. 47800. Dec. 2, 1940
Social justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization
of laws and the equalization of social and economic forces by the State so that justice in its rational and
objectively secular conception may at least be approximated.
93. Guido vs. Rural Progress Administration, G.R. No. L-2089. Oct. 31, 1949
94. Almeda vs. CA, G.R. No L-43800. July 29, 1977
95. Ondoy vs. Ignacio, G.R. No. L-47178. May 16, 1980
96. Salonga vs. Farrales, G.R. No. L-47088. July 10, 1981
Section 11- The State values the dignity of every human person and guarantees full respect for
human rights.
97. Carino vs. CHR, G.R. No. 96681. Dec. 2, 1991
98. Sec. of National Defense vs. Manalo, G.R. No. 180906. Oct. 7, 2008
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.
The protection accorded to the unborn starts from conception which is equivalent to fertilization.

• What is the policy of the State on women and children, especially with regard to the
unborn?
A: Section 12 provides that “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 the moral
character shall receive the support of the Government.”

• What is more important for the State, the life of the mother or the life of the unborn?
A: Both. Section 12, in clear and unequivocal terms, explicitly states that “It shall equally protect
the life of the mother and the life of the unborn from conception.”
99. Meyer vs. Nebraska, 263 U.S. 393 (1923)
100. Pierce vs. Society of Sisters, 262 U.S. 390 (1925)
101. Virtouso vs. Municipal Judge, G.R. No. L-47841. Mar. 21, 1978
102. DECS vs. San Diego, G.R. No. 89572. Dec. 21, 1989
103. Imbong vs. Ochoa, G.R. No. 204829. Apr. 8, 2014
The guarantee of protection of the unborn effectively prohibits and outlaws’ abortion and the use of
abortifacients.
104. Obergefell vs. Hodges, 576 U.S. (June 26, 2015)
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 public and civic
affairs.
105. Vitouso vs. Municipal Judge, G.R. No. L-47841. Mar. 21, 1978
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.
What is the fundamental equality between women and men?
A: Since there can be no absolute equality between women and men because of obvious biological
differences, fundamental equality espouses that women and woman, as much as practicable, should
be accorded the same rights and treatment so that there would be “fundamental equality before the
law”.
Filipino women have proven their worth and heroism in various aspects of the country. They have led
battles, led the country in the executive, legislative and judiciary. They have not only become partners
in nation-building; they have become leaders as well.
106. PT & T vs. NLRC, G.R. No. 118978. May 23, 1997
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.
107. Oposa vs. Factoran, G.R. No. 101083, July 30, 1993
The right to health and to a balanced and healthful ecology is a right that can exist independent of any
constitutional grant or recognition. This right emanates from being a human.
108. LLDA vs. CA, G.R. No. 110120. Mar. 16, 1994
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.
109. Guingona vs. Carague, G.R. No. 94571. Apr. 22, 1991
110. Phil. Merchant Marine School vs. CA, G.R. No. 112844. June 2, 1995
Section 18- The State affirms labor as a primary social economic force. It shall protect the rights
of workers and promote their welfare.
Labor- The State affirms labor as a primary social economic force. It shall protect the rights of workers
and promote their welfare.
111. PASEI vs. Drilon, G.R. No. 81958. June 30, 1988
112. De Vera vs. NLRC, G.R. No. 93212. Nov. 22, 1990
Section 19- The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos. (ECONOMY)
113. Garcia vs. BOI, G.R. No. 92024. Nov. 9, 1990
114. Tanada vs. Angara, G.R. No. 118295. May 2, 1997
The constitutional policy of a “self-reliant and Independent national economy” does not necessarily rule
out the entry of foreign investments, goods and services. It contemplates neither “economic seclusion”
nor “mendicancy in the international community.”
115. Espina vs. Zamora, G.R. No. 143855. Sept. 21, 2010
Section 21- The State shall promote comprehensive rural development and agrarian reform.
(AGRARIAN REFORM)
116. Assoc. of Small Landowners vs. Secretary, G.R. No. 78742. July 14, 1989
ASSOCIATION OF SMAL LANDOWNERS IN THE PHILS vs SEC OF DAR DOCTRINE: The validity
of a legal provision on payment of just compensation through modes other than that of monetary may
be upheld, especially when the invalidation thereof would result in the nullification of an entire program
and killing the farmer’s hopes, in derogation of the Constitutional mandate on Land reform.
117. Luz Farms vs. Sec. of Agrarian Reform, G.R. No. 86889. Dec. 4, 1990
118. Hacienda Luisita vs. P.A.R.C., G.R. No. 171101. July 5, 2011
HACIENDA LUISITA DOCTRINE: Following the doctrine of necessary implication, it may be stated
that the conferment of express power to approve a plan for stock distribution of the agricultural land of
corporate owners necessarily includes the power to revoke or recall the approval of the plan.
Section 22- The State recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.
119. Cruz vs. Sec. of DENR, G.R. No. 135383. Dec. 6, 2000
Section 25- The State shall ensure the autonomy of local governments. (LOCAL AUTONOMY)
120. Limbona vs. Mangelin, G.R. No. 80391. Feb. 28, 1989
Kinds of Decentralization: (Limboa v. Mangelin)
a. Decentralization of Power - an abdication of political power in favor of an LGU declared to be
autonomous. It amounts to self-immolation since the autonomous government becomes accountable
not to central authorities but to its constituency.
b. Decentralization of Administration - the central government merely delegates administrative
powers to political subdivisions. The president exercises General Supervision over them, but only to
ensure that local affairs
121. Basco vs. PAGCOR, G.R. No. 91649. May 14, 1991
The principle of local autonomy simply means “decentralization”. It does not make the local
governments sovereign within the state or an “imperium in imperio”, state within a state.
122. Dadole vs. COA, G.R. No. 125350. Dec. 3, 2002
Section 26- The State shall guarantee equal access to opportunities for public service, and
prohibit political dynasties as may be defined by law.
123. Pamatong vs. Comelec, G.R. No. 161872. Apr. 13, 2004
Section 28- Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public interest.
124. Legaspi vs. CSC, G.R. No. L-72119. May 29, 1987
The policy of full public disclosure is a self-executing guarantee and does not need implementing
legislation. What may be provided by law are reasonable conditions and limitations, and not the
undertaking of the government to disclose transactions involving public interest.
125. Valmonte vs. Belmonte, G.R. No. 74930. Feb.13, 1989
Although Citizens are afforded the right to information and are entitled to access to official records, the
Constitution does not accord them the right to compel custodians of official records to prepare lists,
abstracts, summaries and the like in their desire to acquire information.
126. Aquino-Sarmiento vs. Morato, G.R. No. 92541. Nov. 13, 1991