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MODULE 5

FIFTH WEEK

D. State Policies
 Independent Foreign Policy – Art. II, Sec. 7
Case: (31) Bayan vs. Executive Secretary, G.R.
No. 138570, October 10, 2000

 Policy of Freedom from Nuclear Weapons – Art. II, Sec. 8

 Promotion of a Just and Dynamic Social Order, Art. II,
Section 9
 Social Justice – Art. II, Sections 10 & 26; Art. VII, Sec. 13,
par. 2; Art. XIII, Sections. 1 & 2
Definition of Social Justice
Case: (32) Calalang vs. Williams, 70 Phil 276

 Full Respect for Human Dignity and Human Rights and

Dignity of Every Person – Art. II, Sec. 11; Art. XIII, Secs. 17-
19
Case: (33) Basco vs. PAGCOR, G.R. No. 91649,
May 14, 1991

 Sanctity of Family Life Art. II, Sec. 12

Cases: (34) Imbong vs. Ochoa, G.R. No. 204819,
April 8, 2014

(35) Continental Steel Manufacturing

Corporation vs. Montano,
G.R. No. 182386, October 13, 2009

 Vital Role of the Youth in Nation-Building, Art. II, Section

13
 Role of Women in Nation Buidling– Art. II, Sec. 14
Cases: (36) Garcia vs. Drilon, G.R. No. 179267,
June 25, 2013
(37) Philippine Telegraph and
Telephone Co. vs. NLRC, G.R. No.
118978, May 23, 1997

 Promotion of Right to Health of the People– Art. II, Sec. 15

(Imbong vs. Ochoa, supra)

 Protection of the Right to a Balanced and Healthful Ecology,

Art. II, Sec. 16
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Writ of Kalikasan
Case: (38) Mayor Tomas R. Osmeña vs. Capili
Gargabera, for and on his behalf and in
representation of the People of the Cities of Cebu
and Talisay, and the Future Generations, G.R. No.
231164, March 20, 2018

 Priority to Education, Science and Technology, Arts, Culture

and Sports, Art. II, Sec. 17
Case: (39) Professional Regulation
Commission vs. De Guzman, G.R. No.
144681, June 21, 2014

 Labor as a Primary Social Economic Force– Art. II, Sec. 18

Case: (40) JMM Promotion and Management
vs. Court of Appeals, G.R. No.
120095, August 5, 1996

 Self-Reliance and Independent National Economy – Art. II,

Sec. 19
Case: (41) Espina vs. Zamora, G.R. No. 143855,
September 21, 2010

 Encouragement of Private Enterprise and Incentives to

Needed Investments - Art. II, Sec. 20;
 Comprehensive Rural Development and Agrarian Reform,
Art. II, Section
 Rights of Indigenous Cultural Communities, Art. II, Section
22
 Encouragement of Non-Governmental, Community-Based,
of Sectoral Organizations, Art. II, Section 23
 Vital Role of Communication and Information in Nation-
Building, Art. II, Sec. 24
 Autonomy of Local Government – Art. II, Sec. 25; Art. X
(Local Government)
Case: (42) Judge Dadole vs. COA, G.R. No.
125350, December 3, 2002

 Equal Access to Opportunity for Public Service, Art. II,

Section 26
 Honesty and Integrity in Public Service, Art. II, Section 27
 Full Public Disclosure of all State Transactions Involving
Public Interest, Art. II, Section 28,
Case: (43) Akbayan vs. Aquino, G.R. No. 170516,
July 16, 2008
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D. STATE POLICIES

INDEPENDENT FOREIGN POLICY

Sec. 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.

Sec. 8. The Philippines consistent with the national interest,

adopts and pursues a policy of freedom from nuclear weapons in its
territory.

Imperium – is the State’s authority to govern embraced in the concept

of sovereignty: in cludes passing laws governing a territory, maintaining peace
and order over it, and defending it against foreign invasion.

Dominium – the capacity fo the State to own and acquire property.

Regalian Doctrine – all lands of the public domain belong to the State
– the source of any asserted rights to ownership of land. All lands not appearing
to be clearly of public dominium presumptively belong to the State.

Public Dominion- are those property intended for public use for public
service.

Principle of Pacta Sunt Servanda – “Every treaty in force is binding

upn the parties to it and must be performed by them in good faith.”

Right to Self-Determination
Is the collective right of peoples to determine their own future free of any
outside interference or coercion. It includes the right to determine their political
status and to freely pursue their economic, social, spiritual and cultural
development.

POLICY OF FREEDOM FROM NUCLEAR WEAPONS

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

The constitutional policy on nuclear weapons - freedom from

nuclear weapons which includes prohibition not only of the possession, control
and manufacture of nuclear weapons but also nuclear arms tests.
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PROMOTION OF A JUST AND DYNAMIC SOCIAL ORDER

Sec. 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.

SEC. 10. SOCIAL JUSTICE

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

Rationale for Promotion of Social Justice:

It is the foundation of a strong and prosperous nation.

Social Justice
-is the equalization of economic, political and social opportunities with
special emphasis on the duty of the state to tilt the balance of social forces by
favoring the disadvantaged in life

Expanded meaning under the 1987 Constitution

It includes all phases of national development, instead of being merely
limited to the removal of socio-economic inequities.

Full Respect for Human Rights and Dignity of Every Person

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

Sanctity of Family Life

SEC. 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.

Three responsibilities of the State:

1. It shall protect and strengthen the family as a basic autonomous social

institution.
2. It shall equally protect the life of the mother and the life of the unborn
from conception.
3. 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 aid and support of the government.
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Family – a social institution which forms part of the community.

Without a family or a group of families, the community has no one to depend on
for any project it wishes to carry out.

Purpose of assertion of protection of the unborn:

- to prevent the State from adopting the doctrine in Roe vs. Wade which
liberalized abortion laws up to the sixth month of pregnancy by allowing
abortion any time during the first six months of pregnancy provided it can be
done without danger to the mother.

The legal meaning and purpose of the protection that is

guaranteed for the unborn:

1. This is not an assertion that the unborn is a legal person.

2. This is not an assertion that the life of the unborn is placed exactly on
the level of the life of the mother.

Vital Role of the Youth in Nation-Building

SEC. 13. EDUCATION OF THE YOUTH

The State recognizes the vital role of the youth in the 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.

Doctrine of Parens Patriae – government as guardian of the rights of

people.

Rights of parents and of the State in the education of the youth.

The primary and natural right belongs to the parents. The
Constitution affirms the primary right of parents in the rearing of children to
prepare them for a productive civic and social life and at the same time it affirms
the secondary and supportive role of the State.

Role of Women in Nation Building

Sec. 14. The State recognizes the role of women in nation-building,

and shall ensure the fundamental equality before the law of women
and men.

Promotion of Right to Health of the People

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

Protection of the Right to a Balanced and Healthful Ecology

Sec. 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.

Writ of Kalikasan

The writ is a remedy available to a natural or juridical person, entity

authorized by law, people’s organization, non-governmental organization, or any
public interest group accredited by or registered with any government agency,
on behalf of persons whose constitutional right to a balanced and healthful
ecology is violated, or threatened with violation by an unlawful act or omission
of a public official or employee, or private individual or entity, involving
environmental damage of such magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or provinces.

Priority to Education, Science and Technology, Art, Culture and

Sports

SEC. 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.

Labor as a Primary Social Economic Force

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

Self-Reliance and Independent National Economy

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

Encouragement of Private Enterprise and Incentives to Needed

Investments

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

Comprehensive Rural Development and Agrarian Reform

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Sec. 21. The State shall promote comprehensive rural development

and agrarian reform.

R.A. No. 6657, Comprehensive Agrarian Reform Law of 1988

-provides that private agricultural lands can be taken from their
owners, subject to the prescribed retention limits.

Rights of Indigenous Cultural Communities

Sec. 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development. (Indigenous People’s Rights Act)

The right of indigenous cultural communities with respect to their

ancestral lands shall be protected to ensure their economic, social, and cultural
well-being. In line with the principles of self-determination and autonomy, the
systems of land ownership, land use and the modes of settling land disputes of
all these communities must be recognized and respected.

Encouragement of Non-Governmental, Community Based or Sectoral

Organizations

Sec. 23. The State shall encourage non-governmental, community-

based, or sectoral organizations that promote the welfare of the
nation.

Vital Role of Communication and Information in Nation-Building

Sec. 24. The State recognizes the vital role of communication and
information in nation building.

Autonomy of Local Governments

Sec. 25. The State shall ensure the autonomy of local
governments.

Equal Access to Opportunity for Public Service

Section 26. The State shall guarantee equal access to opportunities
for public service, and prohibit political dynasties as may be defined
by law.

Honesty and integrity in Public Service

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

Full Public Disclosure of all State Transactions Involving Public

Interest
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Sec. 28. Subject to reasonable conditions prescribed by law, the State

adopts and implements a policy of full disclosure of all its
transactions involving public interest.

CASES:

1. BAYAN VS. EXECUTIVE SECRETARY, G.R. No. 138570, OCTOBER

10, 2000

2. CALALANG VS. WILLIAMS, G.R. NO. 47800, DECEMBER 2, 1940

3.BASCO VS. PAGCOR, G.R. NO. 91649, MARY 14, 1991

4. IMBONG VS. OCHOA, G.R. NO. 204819, APRIL 8, 2014

5. CONTINENTAL STEEL MANUFACTURING CORPORATION VS.

MONTANO, G.R. NO. 182386, OCTOBER 13, 2009

6. GARCIA VS. DRILON, G.R. NO. 179267, MAY 25, 2013

7. PHILIPPINE TELEGRAPH AND TELEPHONE CO. VS. NLRC, G.R.

NO. 118978, MARY 23, 1997

8. PROFESSIONAL REGULATION COMMISSION VS. DE GUZMAN,

G.R. NO. 144681, JUNE 21, 2004

9. JMM PROMOTION AND MANAGEMENT VS. COURT OF APPEALS,

G.R. NO. 120095, AUGUST 5, 1996

10. MAYOR TOMAS R. OSMEÑA VS. CAPILI GARGABERA, FOR AND

ON HIS BEHALF AND IN REPRESENTATION OF THE PEOPLE OF
THE CITIES OF CEBU AND TALISAY, AND THE FUTURE
GENERATIONS, G.R. NO. 231164, MARCH 20, 2018

11. ESPINA VS. ZAMORA, G.R. NO. 143855, SEPTEMBER 21, 2010

12. JUDGE DADOLE VS. COMMISSION ON AUDIT, G.R. NO. 125350,

DECEMBER 3, 2002

13. AKBAYAN VS. AQUINO, G.R. NO. 170516, JULY 16, 2008