RECAP 1st meeting political law

Provision is self-executing when it is complete in itself and provides sufficient rules for the exercise of
rights. Thus, it confers right and give obligation. it is general presumption, that all provisions are self
executing unless they only serve as guidelines such as STATEMENT OF THE PRINCIPLES AND
POLICIES under article II of Constitution which it only lay down agenda, objectives, and visions of
the state in charting its own destiny.

A) Republicanism – Section 1, article 2 where Philippines is a democratic and republican state.

Sovereignty resides in the people and all government authority emanates from them.
Philippine republican state and democracy and not conflicting, to reconcile republic represents

Democracy or the " rule of the people " is a system of government in which all the people of a state are
involved in making decisions about its affairs . It is where sovereignty resides in the people and all
government authority emanates from them . A republican state on the other hand is one which derives all
its powers , directly or indirectly , from the great body of the people and is administered by persons
holding their offices for a limited period or during good behavior . In Metran vs. Paredes , the Supreme
Court declared that a Republican State is " a government of the people , by the people , and for the people
, a representative government wherein the powers and duties of sovereignty are exercised and discharged
for the common good and general welfare . "
In a republican government , the people , as the ultimate repository of sovereign powers surrender their
powers to the great organs of government to be exercised for the promotion and betterment of the
common good . It is one in which the powers of government are placed in the hands of persons chosen
directly or indirectly by the people at large . A republic is therefore a representative democracy which
essence is popular representation . Parenthetically , a republican government is a responsible government
whose officials hold and discharge their position as a public trust and shall at all times be accountable to
the people.20
Among the manifestation of a republican state are the following :
1 ) The existence of the Bill of Rights ;
2 ) The observance of the rule of majority ;
3 ) The observance of the principle of separation of Powers and checks and balances;
4 ) The observance of the principle that the State cannot be sued without its consent ;
5 ) The observance of the principle that Congress cannot pass irrepealable laws ;
6 ) The observance of the principle that " ours is a government of laws and not of men " ;
7 ) The presence of election through popular will or the right of suffrage ; and
8 ) The observance of the law of public officers known as administrative law .

B) RENUNCIATION OF WAR – we don’t declare and wage war, we renounce rather congress
has power to declare existing war (it is a pre-requisite before for other power made available be
activated). We may engage in war thru defense.

Section 2 , Article II of the 1987 Constitution provides that " The Philippines renounces war as an
instrument of national policy .. xxx " . The said provision is in accord with the principle in the United
Nations Charter binding all Members to refrain from the use of force or threat against the territorial
integrity or political independence of any state . " Such constitutional provision ,, however , refers only to
the renunciation by the Philippines of aggressive war , and not one , which is in defense of the State , as
this is inherent in every state's right to self - preservation . Parenthetically , Section 23 ( 1 ) , Article VI of
the Constitution provides that the Congress with the concurrence of two - thirds of all its members ,
voting separately , may declare the existence of a state of war . To elucidate , the above provision
authorizes the declaration not of war but only of the existence of a state of war . It therefore implies that
war has already begun or provoked by the enemy and the existence of which were only being
affirmed by the Congress .
Since it is imperative for every state to defend itself against any internal and external aggression ,
the government may call pon 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 . This is called " posse commitatus . " 19 Related to this is the power of the President to call the
armed forces to suppress lawless violence , invasion or rebellion and in case of rebellion or
invasion , when public safety requires it, to place the Philippines or any part thereof under the
martial law or suspend the privilege of the writ of habeas corpus.

c. DOCTRINE OF INCORPORATION: Doctrine of transformation - LOCAL Legislation is

necessary for treaty or international agreement become part of municipal law such as treaties which
requires 2/3 of the senate) Doctrine of incorporation (GAPIL – widespread and practice, opinion juris
(there is a obligation for state to observe customary law))

international law refers to the body or rules and principles which governs the relations of nations and their
citizen their intercourse with one another Under the Constitution, international law can become part of the
sphere of domestic law either by transformation or incorporation.2 The transformation method require
that an international law be transformed into a domestic law through a constitutional mechanism such as
local legislation. Treaties become part of the law of the land through transformation pursuant to Article
VIL, Section 21 of the Constitution which provides that "no treaty or international agreement shall be
valid and effective unless concurred in by at least two-thirds of all the Members of the Senate". Thus,
treaties or conventional international law must go through a process prescribed by the Constitution for it
to be transformed into municipal law that can be applied to domestic conflicts. On the other hand, the
incorporation method applies when, by mere constitutional declaration, international law is deemed to
have the force of domestic law.

Philippines' adherence to the Doctrine of Incorporation is manifest in Section 2, Article Il of the

Constitution, which states that the Philippines adopts the generally accepted principles of international
law part of the law of the land." By adopting such principle, the Philippines, binds itself to observe and
enforce within its jurisdiction the generally accepted principles of international law as part of its domestic
or local laws, without need of enacting a law of similar nature and application. However , not all
international laws or laws having international character are covered by the incorporation clause , but
only those classified as generally accepted principles of international law .

Generally accepted principles of international law refers to norms of general or customary international
law which are binding on all states , 25 such as renunciation of war , the principle of sovereign immunity ,
a person's right to life, liberty , and due process , 26 and pacta sunt servanda among others . Fr. Joaquin
Bernas defines customary international law as a general and consistent practice of states followed by them
from a sense of legal obligation ( opinio juris ) . This statement contains the two basic elements of custom
: the material factor , that is , how states behave , and the psychological or subjective factor , that is , why
they behave the way they do . Once the existence of state practice has been established , it becomes
necessary to determine why states behave the way they do . Do states behave the way they do because
they consider it obligatory to behave or do they do it only as a matter of courtesy ? Opinio juris or the
belief that a certain form of behavior is obligatory , is what makes practice an international rule . Without
it , practice is not law.28 In Mijares vs. Ranada , the Court held that " generally accepted principles of
international law , by virtue of the incorporation clause of the Constitution , form part of the laws of the
land even if they do not derive from treaty obligations . The classical formulation in international law sees
those customary rules accepted as binding result from the combination of two elements : the established ,
widespread , and consistent practice on the part of States ; and a psychological element known as the
opinio juris sive necessitates.30 Implicit in the latter element is a belief the practice in question is
rendered obligatory by the existence of a rule of law requiring it.

D. FOREIGN POLICY

The State in its relations with other states must adhere to the mandate of the Constitution, to wit: "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. "
The Philippines consistent with the national interest, adopts and pursue policy of freedom from nuclear
weapons in its territory. As worded, in the conduct of the country's foreign relations, the state shall give
paramount consideration to national sovereignty, territorial integrity, national interest and the right to self-
determination. What is being prohibited is nuclear power and not the power to support the _______.
The President is the chief architect of the country's foreign relations . Whatever decision , which he may
have with regard to the State's relations with other states is as a rule not subject to judicial nor legislative
interference . Hence , his acts of extending recognition to another state cannot be questioned or inquired
into pursuant to the " Act of State Doctrine . " The only limitations are the parameters contained in the
Constitution , and for as long as his act is not considered to have been committed with grave abuse of
discretion amounting to lack or in excess of jurisdiction . One evident limitation on the President's
capacity to enter into treaties is that such treaty or international agreement , to be valid and effective
within our municipal sphere , needs the concurrence of the Senate .
E. Civilian supremacy – corrective action against reputation of military. Supremacy of civilian military
and one manifestation is designation of president as commander in chief of AFP

Section 3 , Article II provides , " 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 integrity of the national territory .
Even without such express provision in the Constitution , supremacy of civilian authority over the
military is inherent in republicanism . Said statement was , however , incorporated in order to stress the
authority of the people as the ultimate repository of sovereign powers and the role of the military as the
protector of the people and of the state in general . Given the fact that the military is the mightiest
institution in terms of physical force and has the capacity to take the power from the duly constituted
authorities , such declaration is essential in order to dispel the notion that the military can take control of
our state at its pleasure . Moreover , to emphasize the principle of civilian authority , the Constitution
provides that the President of the Philippines shall be the Commander - in - Chief of all the armed forces
of the Philippines
f. Separation of church and state: Strict neutrality, Benevolent neutrality – allows religious concern
to give and not promote but to allow individual to ____ without hindrance to state. (adopted sa
Philippines)

The principle of the separation of Church and State being inviolable, is further reinforced by several
provisions of the Constitution, to wit:

"No law shall be made respecting add establishment of religion or prohibiting the free exercise
thereof.. "a
"No public money or property s hall ever be appropriated, applied, paid, or employed, directly or
indirectly, for the use, benefit or support of any sect, church, denomination, sectarian institution
or system of religion. "
"Religious groups shall not be allowed to participate as political parties. "
The wall of separation between Church and State is not a wall of hostility. It is not an inhibition of
profound reverence for religion and a denial of its influence in human affairs.+
The principle simply means that the Church should not meddle with the affairs of the government and the
State, not to intrude into the exclusive domain of the church in propagating its faith. With-
out the necessity of adverting to historical background of this principle in our country, it is sufficient to
say that our country, not to speak of the history of mankind, has taught us that the union of Church and
State is prejudicial to both, for occasions might arise when the state will use the church, and the church
the state as a weapon in the furtherance of their respective ends and aims.
Theories in Separation of Church and State The theories that are involved in the principle of separation of
Church and State are as follows:
a) Strict Separationist Approach - Under this approach, the establishment clause was meant to protect
the State from the Church, and the State's hostility towards religion allows no interaction between the
two.
b) Strict Neutrality Approach-The State is not hostile in religion, but it is strict in holding that religion
may not be used as a basis for classification for purpose of governmental action, whether the action
confers rights or privileges or imposes duties or obligations. Only secular criteria may be the basis of
government action. It does not permit, much less require accommodation of secular programs to religious
belief.
c) Benevolent Neutrality Approach- Under this theory, the "wall of separation" is meant to protect
the Church from the State. It believes that with respect to governmental actions, accommodations of
religion may be allowed, not to promote the government's favored form of religion, but to allow
individuals and groups to exercise their religion without hindrance.
The Court declared that "the Filipino people, in adopting the Constitution, manifest their adherence to the
benevolent neutrality approach that requires accommodations in interpreting the religious clauses."
Accommodation of religion may take the following form:
a) Mandatory Accommodation -based on the premise that when religious conscience conflicts with
a government obligation or prohibition, the government may have to give way because this is
required by the free exercise clause of the Constitution and thus, constitutionally compelled
 b) Permissive Accommodation That state may but is not compelled, to acommodate religious interest;
c)Prohibited Accommodation - This results when the Court finds no basis for mandatory accommodation,
or it determines that the legislative accommodation runs afoul of the establishment or the free exercise
clause.
g. Patrriae – those who have less in life must have more in law (disabilities, women and youth)

principle of Parens Patriae or the inherent duty of the state to protect those with less than full capacity to
take adequate care of their own interests. It is a concept of standing utilized to protect those quasi-
sovereign interests like health, comfort, and welfare of the people. Thus, the state acts as guardian of the
people especially those with legal disabilities. In our jurisdiction however, the application of the doctrine
is not confined only to those with legal disabilities. It can be equally applied to women, youth, children,
cultural minorities, the workingman, etc.
h. Social justice – kalalang vs. William , definition, justice is attained proximate and

The Constitution ordains that the State shall promote social justice in all phases of national
development.59 Social justice has been defined in the landmark case of Calalane vs. Williams,o as akin to
or interlaced with police power which is exercised by the State to primarily promote the general welfare
or the common good. It is neither communism, or 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 of measures calcu- lated to insure economic
stability of all the competent 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.

I. Local autonomy – police power, eminent domain, Relation of national and political subdivision
(local government) Control vs. supervision (assignment)

Local autonomy is the exercise of certain basic powers, like Police powers, taxation, and eminent domain
by local government units in order to better serve and promote the interest and general welfare of the
citizens. In the case of Limbona vs. Mangehn,5 it was held that "local autonomy is either decentralization
of administration or decentralization of power" There is decen-tralization of administration when the
central government dele-gates administrative power to political subdivisions in order to broaden the base
of governmental power and in the process make local governments "more responsive and accountable."
Decentralization of power, on the other hand involves abdication of political power in favor of local
government units declared to be autonomous, so that the autonomous
government is free to chart its own destiny and shape its future with minimum interference from the
central authorities. Decentralization of power amounts to "self-immolation", in the sense that the auto-
nomous government becomes accountable not to the central authorities but to its constituency.76 The
principle of local autonomy is affirmed as early as the 1973 Constitution. According to Justice Cruz,7 the
strengthening of local governments is based upon the Jettersonian view that "municipal corporations are
the small republics from which the great one derives its strength." This belief is shared in this country that
vitalization of the local government units will enable its inhabitants to develop their resources and thereby
contribute to government units to make them self-reliant and effective partners in the development and
progress of the country
j. Other state policies (exception to the exception) Oposa vs. factoran