ARTICLE Oneationtpnctesanastate pos (Salemi 4 Me itealogrea |) Drineiples that undertined whot is contained in the constitution ‘tis an outline of the constitu its provisions are related to 1 provisions of the constitution. Accoreing £0 Sernas the declaration of principles 's the statement of the basie princinles that underlie in the onetituton. As such, the provision sheds light on the meaniig af the sther provisions ofthe constitution. ‘reed of the nation. It leys down the policies the government ion of the dreams and aspirations of the Filipino peogle then the ine of what is contained in the Constitution, Therefore, whatever find a connection to a succeeding provision of the Constitution, Declaration of principles is ust an outline. {mn the 1935 constitution there are only S sections in the declaration of principles, lithe 1973 constitution there are 20, And under the 1987 constitutton, there are costo, the pices te merely ies fr ipo tater or hots However, in the 1987 constitution, in the case of Oposa v. Factoran the SCrruled that the declaration of principles sneciicaly Fee 18 and 16 SF steady oes se fm aly ee sebaallbg ton lagen nae case that was filed by childrens asking the éourt (ial court) to ask or command the 'SENR who was then Factoran to Caneel al timber Hcense agreements (LAtnade of wlan of natural esourses anne horseean ee sismissed the petition beca r excent abasic principle wich isthe right to heath and and 36). The children went to the SC and the SC gave cognizance to Ino doing sald that sec Ls and 16 are provisions ofthe consttation tet ane ene enabling ams, I oes not need the congress to come up with alo that mould nplenene ne ween ns ad 26 Byte, sai the SC, eecton 15 and U6 can stand an ts own therfore eee ney ee eee rere priniples btn the 1867 gn longer so, tartar PN ans pripie Gretionya: The Philippines is democratic and republican stato, Sovereignty residbsin he pedple and ail’ government authority emanates from them. 4 inciples and 22 state polices, The 1936) and 1973 c Mis not based on any law the right to a balanced environment (sec 4 the case and the Sc, s already an exception. The Philippines is = democratic and a republican state. And in the second paragraph is @ statement about the sovereignty of the people. Sovereignty resides from the people and I novernment authority emanates from them. In the two previous Constitutions, in the 1935 and 1973 constitutions all it said is that the Philippines is @ Republican state, The 1987 constitution adds the word democratic, From ancient Greece came democracy denoting popular government it is derived from the word means people ond “krata’ which Is power. Damocracy means - power of the peop The Tydings McDuffie Law - the basic law that commanded the pines to adopt a constitution, Calls for a ‘mandated that the constitution convertion to ert conitucon whch ater on became the 2835 constitution the people hey merely fs from the people, sovereignty therefore emanates from thern, 'ti8 essential to such a government that it must be derived from a great body of the society, meaning the people. 'is purpose is to gather the two extremes, We are talking of the n publican inform and de “Quan ee smocracy. One extreme Caanasea ee Maus Re monarchy, the other is oligarchy and another extreme Is pure democracy. Monarchy is where the Jauterky lies in the hands of a single person, Pore or cirect democracy is one in which the wil of the state formulated or expressed directly through the people in mass mectings or assembly. Accoraing to Bernas the addition of the pocratc in See 1 of the 1987 constitution means that the Prltppines not just a representative governmant but also shares some aspect of cect demasiacy men on ete OEE El cpp (1) the provision mandating the congress to enact a system of initiative and referendum, under Art 6 (Sec3é) # an anise) MeO 7006 (SCS speaks of ceteres ~ Bruises} onthe ower hand speaks of» mode of amending the corsislon trough inate afrandum,{Uomlec) 1m in crafting laws ordinary legislation. stion 2a The Piippineseesaunces war’ a8/a instrument ot nationals ley, adopts) treleriarallyaccentagr Princplesiofincernationablayranpartof thea fn 2a ste poe of pee equty use eeedomy Yooperstonsancameywutivatinaansey (yor f asqreliw) Mandates: 4 ‘The Philippines renounces war as an Instrument of national policy 2. The Philippines adopts the generally accepted principles of international law as part ofthe law ofthe land. Sollt gets, adopts inteational law and adopts to a local setting, which makes ita municipal law. Adheres to the policy af peace, equality... (3rd sentence - even if itis notin the article the principle is stil thera) ‘t fenoufices war, the word is renaunce but what it enounces is a war of defensive war, Because the power to ression, It does not renounce a wage a defensive war is the very essence of sovereignty, meaning the which makes the defense of the state the duty of the government and the people, It is also related to Art6. Sec23. which gives the Congress the power posed by Bernas is the ward renounce, Bernas is. indicate that an aggressive war was once @ declare a state of war. A question which was sking I itis appropriate to use the wore renounce, which would iy ofthe state so that ts now renouncing it. But it snot the case, aggressive war wos never @ national policy of the Philipines. So what are we renouncing? And Bernas suggests should it not be condemns war a a national policy? Gut he should have asked that to himsel. ‘Adoption of the generally accepted principles of international law as part ofthe law of the land tt tsa specific yuan voter —bermsgn ‘The AEP Is the protector of the people and the state. Connected to that vein is the AFP’s goal is x0 secure the sovareery ofthe sat and the agit of the patra tetany dada he loss eemeeaa ee sie meray imple in A. 7 hegat whch mas te resent cal eee ee On 173i mad. isnt ‘his was copled in the 1987 cnstuton The second and thd sevorees oa tw wovidone nate The 1987 constitutional commission, ‘The phrase protector of the people (Be ‘abuses experienced curing martial aw. ‘constitution was crafted rai context, probabty, 1098) explains thatthe phrase was intended to act as corrective to miltary | don’t know wity Bernas explains in that manner, because when the 1987 ified by thé people there fs no more martial taw. Probably in the future, ‘well in that ‘The phrase its goal isto secure the sovereign Wy of the state means guardianship of state sovereignty which means sovereignty of the people, Bernas also poses two problematic questions or statements in his commentary The political role of the ‘and ¢h ary is found in the sentence ~jts goal is to secure the sovereignty of the state estity of the national territory therefore Bernas is now telling us that the AFP has a politica! ‘ole, This s the first time in the constitutional development of the country, that the constitation or a Ah Gowertiments (ftomempus fe ‘antidbee 15-2 ~ te crenlon of donemous ‘eon in compliance with sec AM12 Sec. 5 — protection of ancestral lands, At 14 See, 7 motestingthe igh ofthe eure and raeone ‘AML _12 see. 16 ~ creation of 2 consultative body to ack communities 122, the president on indigenous cultural The law creating the NCIP was Co but.was not passed curing that time because of members could not agree on the definition of ancestral domain Princip] author Congressman Lopez 2 native Bagobo from Davao. Related with Art. 12, $Ble 2B. 0 he case of Magtahas vs. Prize property ~ where they passe eee 2a The state shall encourage non-governmental, community-based, of sectoral organizations that Promote the welfare of the nation, During the time of Pres. Cory there were many NGOs that were or Bovernment does not trust which later on become corrupt. rganized. (t was during that time that the Wiclans because of corruption. Most infrastructure projects were given to NGOs Related to Art, 13 Sec. 15-16 — role of people's organization. ‘Section 24. The state recognizes the vital role of communication and information in nation-bulleing. Related to AG Se6-10 and 34, Section 10 provides fora policy environment for communication, this provision reliea upon bythe SCin direc PLDT to allow interconnections on other private telecommunication lines. Setore 1990, only PLDT could connect to other line. There is a petition in the SC that the poficy now is to prescribe a communication ‘Structure that is beneficial to all. SC ordered PLDT to connect, with due compensation, Other lines still connect to BLOT and they pay toll, Sec. 21. Provides that the ownership of mass media the citizens, shall be limited to citizens and corporations to be Emoneged by velo 0 ‘Section 25. The state shall ensure the autonomy of local governments. — Article 40 ‘Those questioning he RH law, seid that even local autonomy had been violated by the RH law. decause they say ‘hat the law which mandates the Local Governments to spend Is violation of the local autonomy. IF there is already a national statue, focal government no longer has the local autonomy, Local government must comply with the national statute, And the RH Law isa national statute. All they have to dois xo comply, 'd an ordinance prohibiting PAGCOR from operating 'm Cagayan de Oro City. SC sald no, because this is law of national application and you must comply with I, So where is ical autonomy? Which brings us to the question, is there already a local autonomy? Under either sec 2 of art2 or any other part ofthe constitution on local government, is there already focal autonomy? ARNIM cannot enact a law that contravenes a law on nattenal application. Classifications of autonomy Decentralization of administration — sub when the central government delegates administrative powers to political “ons in order to broeden the base of the centrals political pawer (delegation of power) Recentral tion of power ~ abdication (central government to cut its link with the local governments) of politcal ower in favor of local government units declared to be autonomous, |m essence, the ARMM, can exercise autonomy except in the conduct of foreign affaits ane Armed farces, Security of the entire nation, foreign affairs and postal services ~ are still central. Ali others inducing wealth sharing must boneluded in che charter of the ARMM, , ’ 2 Governed hy Omnibus lectin Ga 255 to opportunities for_public service, nd prohibit political Section 26, The state, shall guarantee equal ‘lynesties as may be detined by law. ‘4 definition of political dynasty will never pass congress. Section 27. The state shall mi hone integrity in the public service and take positive and effective ‘measures against graft and corruption. Connected to the Article on Accountability of Public Officers. ‘Section 28. Subject to regsanable concitions prescribed by taw, the state adopts and implements a policy of full public disclosure of alli transactions \nvolving public intere FON bi Do dayaby. dobr deyebypndh‘Three instances cited by the Supreme Court wh: 'ee the constitutional commission reverted to correct / justify the votes for a bicameral system: L AL Sect.” in case ofa a forthe contest fora Presider, the tle shall be reslved by malarty ofthe otes east by both Congress (the House and the Senate) * AG&7 Sec. > the cave when GMA came to power as President, she chose Guingone, and before Guingona San Become the Vice-President he must be confirmed by Congress, the House of Representative ane ne Senate, ” ES EZ Sec 18 = in.the proclamation of Marcin lay, there's a provisian where, the declaration of martial law and the suspension ofthe right of habeas corpus must only be in 30 days unles cis susnenoes bythe members of Congress vating separately: The 1235 1973 ond the 1987 constitution grants. olenay lalate. ower to the lpsature. Full complete plenary, Full legislative power — such that any power deemed to be legislative by usage and tradition is necessarily Possessed by Congress unless yun na naman yung initiative and referendum, we {s the extent of the plenary powers of Congress. Consress may legislate on any subject matter, Provided it must not contravene the constituton and provided that ‘he Procedural requirements in crafting law shal be followed its enumerated in Art how hil becomen lew. Corollary to the grant of legislative power it follows that Congress alone can make laws and may not delegate its ‘2 making power or the principle of the non-delegability of legislative power. Sut administrative agencies like DENR, DA - administrative bodies can come up with rues ike Implementing Rules ‘and Regulations (IRRs} are crafted and usually published! and made by administrative bodies, Question: Is this not a question of non delegability of legislative power? The crafting or acministrative orders, implementing rules and regulations does not violate the on-delegebilty of legislative power for as long as the statute making the delegation: Requisites (2) Is complete by itselt- by setting forth the policy to be implemented, and (2) ltmust fx a standard to which the delegate (administrative body) must conform ‘May such rules crafted by administrative agencies cary a penal statute? Yes, provided that such violation is made already a crime in the statu te, That the penalty is already provided in the Statute and that this rules and regulations were published, ‘The Principle of separation of powers, meaning legislation belongs to Congress, execution belongs te the executive and setting of legal controversies to the judiciary. ‘SUE the separation is not total, it allows for checks and balances. Ghecks an balances ~ no one Department (executive, legislative or judiciary) i able to act without cooperation of atleast one of the other branch of government. Sample: