GZZEID MEMORY AID — POLITICAL AND INTERNATIONAL LAW Constitutional Law Law on Public Officers Administrative Law Election Law Local Governments Public International Law DaSAN BEDA UNIVERSITY College of Law kk” ADMINISTRATION | Atty. MARCIANO G. DELSON Dean Atty. FRANCESCA LOURDES M. SENGA ATTY. ADONIS V. GABRIEL Vice Dean. Prefect of Student Affairs Atty. LYAN DAVID M. JUANICO ATTY. PETER-JOEY B. USITA Administrative Officer Legal Aid Bureau Director Re, SAN BEDA UNIVERSITY COLLEGE OF LA) Og IRGCT - BAR OPERATIONS, We ao” “EXECUTIVE COMMITTEE zz DOHN ALFRED E. AQUILIZAN Over-All Chairperson NICHOLE VANE B. SANTOS RONALYN A. GACULA Chairperson for Academics ‘Ad Hoc Director for Bar Matters MARIELLE CIELO B. BELGIRA JUAN INIGO S. MIGUEL Vice Chairperson for Finance Vice Chairperson for Operations ALISSA MARIE D.C. DELOS SANTOS CORINA R. TAMPUS Vice Chairperson for Audit Vice Chairperson for Secretariat ARVY KEITH N. CHUNG ANTONIO JUN-JUN C. MANALIGOD IV Vice Chairperson for Logistics Vice Chairperson for Membership JORDAN N. CHAVEZ Vice Chairperson for Electronic Data Processing HE © AcADeM cs committee ‘HH NICHOLE VANE B. SANTOS Chairperson for Academics ALLAN V. BADILLO ELISA ANGELA F. ABILLAR ‘Subject Chair for Political Law Subject Chair for Labor Law NOSLEN ANGINEB E. MENDOZA JOSE LORENZO C. DAVE ‘Subject Chair for Civil Law Subject Chair for Taxation Law BENEDICT T. JUCO YVEZZA KAMELE M. GUMAPAC. ‘Subject Chair for Commercial Law ‘Subject Chair for Criminal Law HANNAH KHAMIL H. MIRANDA. CAMILLE D. RECALDE RESTINE JOY M. ARMADA REYMARK Z. DEZOMA Subject Chair for Remedial Law Subject Chair for Legal EthicsMa“ = CORE.GRoup Wa Zayrra Bernice L. Malto; Kelvin Jones G. Aliga; Krystel Grace G. Ang; Vahlery L. Marco; Hannah Khamil H. Miranda; Camille D. Recalde; Angele C. Inovejas; Paola Beatriz A. Escobar; Sheena Rosette DG. Domingo; Eric Winson F. Cea; Luis Antonio G, Mendoza; Hussein R. Haron; Alfa Regine G. Pangilinan; Margreth P. Vasquez; Lex Angelo A. Rosario; Elizabeth F. Anthony; Jamsankin Persian D. Orteza; Katherine Kaye D. Villafuerte; Gin Certeza; Shella Hannah Salih; Jean Kylie Cunanan; Jerk Enric C. Alcaide; Mariya Anghela C. Sevilla; Kathryn Eloise A. Consebit; Mary Chris G. Otadoy; Franz Danielle F. Dela Cruz; Ana maria Beatrice G. Dimailig; Gabrielle Anne S. Endona; Micah Regina A. Gonzales; and Jimmy T. Maban I! MEMORY ALD BER “CONTENT AND LAYOUT TEAM Kelvin Jhones @. Aliga Franz Danielle F. Dela Cruz Krystel Grace G. Ang ‘Ana Maria Beatrice G. Dimailig Vahlery L. Marco Gabrielle Anne S. Endona Hannah Khamil H. Miranda Micah Regina A. Gonzales Camille D. Recalde Jimmy T. Maban tt ABOUT US “24y BeDa UvERSITY COLLEGE OF La io il - BAR OPERATIONS The RGCT - Bar Operations Center is a recognized organization of the San Beda University College of Law dedicated to assisting our Bedan brothers and sisters in their pre and post- preparations in taking the Philippine Bar Examinations administered by the Supreme Court. The Bar Operations Group formerly known as the Centralized Bar Operations was renamed as the RGCT ~ Bar Operations Center in honor of our beloved Mother of Lions, Atty. Risel G. Castillo-Taleon for her life dedication in teaching and for caring and taking the Organization under her wings. Working ‘on continuing her legacy, the RGCT ~ Bar Operations Center continues to innovate and improve its services for our Bedan Brethren amidst the COVID-19 pandemic.POLITICAL AND INTERNATIONAL LAW ALLAN V. BADILLO Subject Chairperson RICARDO T. KHO Assistant Subject Chairperson LANCE CHESTER G. LAGMAN Subject Electronic Data Processing My ssupectHeans «(a JANYN MARIELLA MONTEALEGRE BERL STEPHEN REEVES S. DUTOSME Constitutional Law | Constitutional Law II DONNA V. MENDOZA LOUISE MICAELA JOSEPHINE P. LIRA. Public International Law Administrative Law & Law on Public Officers INEZ GRACE C. CALUSCUSAN GENESIS KIRBY V. VILLA Law on Public Corporations Election Law ME suBectemecrs | TROY JUSTINE S. VICS REUBEN JADE C. SOBREVILLA IVANAH IRENE MICHAELA M. TOMO: ROCHELLE MAY G. TABI FRENCH VIVIENNE T. TEMPLONUEVO DOMINIQUE ANNE R. MANALO. ERICA P. RETUYA MARK PHILIP P. TANDOG BERNICE ANNE D. DE GUZMAN ‘SHERRY JANE B. PAGAY NICA JANETH O. ABAS JOHN MICHAEL M. OPENDO AUBREY JOYCE B. RAZON ANGELIKA V. ORTEGA GIL HARVEY S. ESCARCHA ie SUBJECT ADVISERS Atty. ADONIS V. GABRIEL Atty. EDWIN R. SANDOVALPREFACE The MEMORY AID (MemAid) is a compendium — a synthesis of different law materials available to the public, emphasizing pertinent details that its readers need to be familiar with. Being thorough and extensive, the MemAid aims to help barristers in their preparations for the bar, maximizing their time by doing away with the need of reading a lot of different review materials. Thus, the MemAid is the barristers’ much needed companion. This year, the San Beda University-RGCT Bar Operations Center (BarOps) continues to uphold its legacy of service and excellence in helping the barristers hurdle the bar. It is then the.fervent hope of the (BarOps) that the MemAid will contribute to the success of all barristers as they hurdle the last leg of their journey towards becoming the lawyers they aspire to be. UT IN OMNIBUS GLORIFICETUR DEUS! That in all things, God may be glorified! SAN BEDA UNIVERSITY COLLEGE OF LAW &WINRGCT - BAR OPERATIO > CENTER "2020-2021 THIS IS THE INTELLECTUAL PROPERTY OF THE SAN BEDA UNIVERSITY COLLEGE OF LAW -RGCT BAR OPERATIONS CENTER. THE UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION OR DISTRIBUTION OF ANY OF THE CONTENTS OF THIS BOOK IS STRICTLY PROHIBITED.MEMORY AID eum ; TABLE OF CONTENTS THE PHILIPPINE CONSTITUTION 1 Definitions, Nature, and Concepts 1 Essential Parts of a Good Written Constitution 2 Amendments and Revisions 2 Methods of Interpreting the Constitution 4 Generai Provisions. fateenoee 6 BASIC CONCEPTS. 7 General Principles and State Policies. 7 The Concept of the State and Sovereignty 12 State Immunity 15 Separation of Powers.. 18 ‘Checks and Balances 19 Delegation of Powers. 20 Fundamental Powers of the State .. 22 NATIONAL TERRITORY. 33 CITIZENSHIP. 34 Kinds Of Citizenship And Purpose of Distinguishing Citizenship 34 Who Are Citizens - 35 Who Can Be Citizens and Modes of Acquiring Citizenship . 36 Modes of Losing and Reacquiring Citizenship 40 Dual Citizenship and Dual Allegiance 42 THE LEGISLATIVE DEPARTMENT .. 43 Legislative Power 43 Chambers of Congress 43 Legislative Privileges/Pariiamentary immunities... 50 Quorum and Voting Majorities 52 Discipline of Members. 53 Law-Making Process .. 54 The Electoral Tribunals and Commission on Appointments 57 Powers of COngreSS nnn 60 Power of Legislative Investigation and Oversight Function 68 People's Legislative Power Through Initiative and Referendum . 72 THE EXECUTIVE DEPARTMENT .. sennesnscnnsen senensneesvnces 73 ‘Qualification, Election and Term of President and Vice-President . 73 Privileges 75 Powers of the President : : 76 Rules of Succession 90 THE JUDICIAL DEPARTMENT —— — 91 ‘Concept ot Judicial Independence and Autonomy i - 97 Appointments to the Judiciary .......... eesseeasse . . . .. 98 The Supreme Court 101 CONSTITUTIONAL COMMISSIONS 105 Common Provisions 105 Institutional independence Safeguards... 106 Composition and Qualifications of Members, Powers and Functions . 107 Prohibited Officer and Interests 113 NATIONAL ECONOMY AND PATRIMONY ... 115 Exploration, Development, and Utilization of Natural Resources 115 Franchises, Authorities and Certificates for Public Utilities 145 Acquisition, Ownership and Transfer of Public and Private Lands. 116 Practice of Professions Organization And Regulation of Public and Private Corporations . ene Monopolies, Restraint of Trade, and Unfair Competition. 17 EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS vines 117 THE FAMILY.MEMURY AlD exam TABLE OF CONTENTS ARTICLE Ill: BILL OF RIGHT! 120 Concept... abs 120 Due Process of Law. 120 Equal Protection of Laws 126 Right Against Unreasonable Searches and Seizures... * A eT Privacy of Communication and Correspondence 137 Freedom of Expression 140 Freedom of Assembly 151 Freedom of Association : : Ma ce Be Freedom of Information. 153, Freedom of Religion. 157 Liberty of Abode and Right to Travel... 160 Eminent Domain : A asain ee 161 Non-Impairment of Contracts 161 Adequate Legal Assistance and Free Access to Courts... 163 Right Against Self-Incrimination.. “ ah é : 164 Rights of Persons Under Custodial Investigation 166 Rights of the Accused : 169 Right to Bail 173 Right to Speedy Disposition of Cases .. Be 176 Right Against Excessive Fines and Cruel, Degrading and inhuman Punishments 177 Non-Imprisonment for Debt. ince a 178 Right Against Double Jeopardy 178 Right Against Involuntary Servitude........ 182 Ex Post Facto Law and Bill of Attainder. 183 SOCIAL JUSTICE AND HUMAN RIGHTS .. 190 Concept of Social Justice. 190 Economic, Social arid Cultural Rights.. : aoe 190 Commission on Human Rights ‘ ze 198 LAW ON PUBLIC OFFICERS GENERAL PRINCIPLE: 200 MODES OF ACQUIRING TITLE TO PUBLIC OFFICE 202 MODES AND KINDS OF APPOINTMENT . 204 ELIGIBILITY AND QUALIFICATIONS. 207 DISQUALIFICATIONS AND INHIBITIONS. 208 POWERS AND DUTIES OF PUBLIC OFFICERS .. 212 RIGHTS OF PUBLIC OFFICERS 216 LIABILITIES OF PUBLIC OFFICERS. 217 IMMUNITY OF PUBLIC OFFICERS. 220 DE FACTO OFFICERS 221 MODES OF TERMINATING OFFICIAL RELATIONSHIP 223 THE CIVIL SERVICE. 228 ACCOUNTABILITY OF PUBLIC OFFICERS . 234 TERM LIMITS . 244 ADMINISTRATIVE LAW GENERAL PRINCIPLES... 248 ADMINISTRATIVE BODIES OR AGENCIES .. 249 POWERS OF ADMINISTRATIVE AGENCIES 254 JUDICIAL RECOURSE AND REVIEW. 266MEMORY AID exam . TABLE OF CONTENTS GENERAL PRINCIPLES AND SUFFRAGE... 272 Qualification and Registration of Voters 274 Registration and Deactivation of Voters 275 Inclusion and Exclusion Proceedings Jidasigsceai 3 278 Local and Overseas Absentee Voting 280 Detainee Voting a . rinjiabiceeOBd POLITICAL PARTIES AND THE PARTY-LIST SYSTEM 282 CANDIDACY... 288 Qualifications and Disqualifications of Candidates . 288 Filing of Certificate of Candidacy 291 CAMPAIGN.. 297 REMEDIES . 80S Petition to Deny Due Course To or Cancel Certificate of Candidacy 303 Petition for Disqualification. 304 Failure of Election .. . 305 Pre-prociamation Controversies 306 Election Protest 308 Quo Warranto. 310 ELECTION OFFENSES 314 THE BOARD OF ELECTION INSPECTORS AND WATCHERS. 319 Board of Election Inspectors... 319 Watchers 322 FINAL TESTING AND SEALING.. 323 DATE, TIME, AND PLACE OF VOTING.. 324 VOTING 325 COUNTING OF VOTES, TRANSMISSION OF PRECINCT RESULTS, AND CANVAS: 328 COMMISSION ON ELECTIONS 331 LAW ON PUBLIC CORPORATIONS AUTONOMOUS REGIONS AND THEIR RELATION TO THE NATIONAL GOVERNMENT. 335 PUBLIC CORPORATIONS 338 PRINCIPLES OF LOCAL AUTONOM'" 348 GENERAL ATTRIBUTES AND POWERS OF LGU: 356 General Welfare Clause. 357 Power of Eminent Domain....... 360 Power of Taxation 361 Local Legislative Power... 363 Corporate Powers 368 Closing and Opening of Roads 370 Ultra Vires Acts zach : ¢ < 371 Liability of LGUs. aut ‘ 372 Settement of Boundary Disputes | a 373 Local Officials 374 Recall 386 Term Limits " * 388 INTERGOVERNMENTAL RELATION: 388 INTER-LOCAL GOVERNMENTAL RELATIONS .. 390 KATARUNGANG PAMBARANGAY. 390 CONCEPTS 393 RELATIONSHIP BETWEEN INTERNATIONAL AND PHILIPPINE DOMESTIC LAW. 394 SOURCES OF INTERNATIONAL LA. 396MEMORY AlDexam TABLE OF CONTENTS Sources of International Law Under Art. 38, ICJ . S Effect of United Nations, Declarations, Security Council Resolutions. Effect of Actions of Organizations Created by Treaty e SUBJECTS OF INTERNATIONAL LAW. States International Organizations .. Individuals Others JURISDICTION OF STATES . Basis of Jurisdiction Exemptions From Jurisdiction DIPLOMATIC AND CONSULAR LAW NATIONALITY AND STATELESSNES GENERAL PRINCIPLES OF TREATY LAW DOCTRINE OF STATE RESPONSIBILITY REFUGEES TREATMENT OF ALIENS. Extradition .. INTERNATIONAL HUMAN RIGHTS LAW. Universal Declaration of Human Rights (UDHR). International Convention on Civil and Political Rigi Se Nn on ta oem so O oee) Other Conventions Adopted by the UN .. g INTERNATIONAL HUMANITARIAN LAW .. Categories of Armed Conflicts Core International Obligations of States Principles of International Humanitarian Law ... Neutrality Republic Act 9851 (Philippine Act on Crimes Against International Humanitarian Law, Genocide, ‘And Other Crimes Against Humanity) .. S LAW OF THE SEA Baselines, Archipelagic States .. Internal Waters, Territorial Sea... Contiguous Zone Exclusive Economic Zone/Patrimonial Sea Continental She. 5 International Tribunal for the Law of the Sea (ITLOS) INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL ORGANIZATIONS .. United Nations ASEAN European Unior AIR AND SPACE LAW INTERNATIONAL MODES OF SETTLING DISPUTES INTERNATIONAL CRIMINAL LAW... INTERNATIONAL LAW ON TERRORISM .. MADRID PROTOCOL AND THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY BIBLIOGRAPHY 401 401 402 412 412 412 413 413 415 417 423 426 432 434 436 437 441 442 443 445 447 448 449 450 451 454 457 457 459 461 461 463 463 463 465 466 468 468 473 473 474 476 478 482 482 485 487 490MEMORY AID . ‘San Boda Unversty Cotogo of Law - RGCT Bar Operations Center = It is a study of the creation, modification, and THE 1987 PHILIPPINE dissolution of public office as: well as the eligibility of public officers, the manner of their CONSTITUTION election or appointment and assumption of office, their rights, duties, powers, inhibitions and liabilities, and the modes of terminating official relations (id,). A. DEFINITIONS, NATURE, AND CONCEPTS 5. Law on Municipal Corporations Political Law = Itis a study of the general principles governing It is a branch of public law which deals with the municipal corporations, the laws affecting the organization and operations of the governmental creation, organization, and the government of organs of the State and defines the relations of the provinces, cities, municipalities, and barangay; State with the inhabitants of its territory (CRUZ & the scope and application of the powers of CRUZ, Philippine Political Law, (2014), p. 1 municipal ordinances, contracts, liabilities and [hereinafter CRUZ, Political Law). enterprises [SUAREZ, Political Law Reviewer (2002), p.2] Subjects Covered by and Included in the Study of Philippine Political Law: (CAEL’) Constitution 4. Constitutional Law Itis a body of rules and maxims in accordance with = It is a branch of public law which treats of which the powers of sovereignty are habitually constitutions, their nature, formationy’ exercised (COOLEY, Constitutional Limitations, p. amendment, and interpretation (SINCO, © » 4): aneon ei OS "With particular reference to the Constitution of the ‘Repiiblic of the Philippines, it is a written instrument 2. Administrative Law enacted by the direct action of the people by which the fundamental powers of the government are established) limited, and defined, and by which those powers Are distributed among the several departments for their safe and useful exercise, for determines the competence _ of the oe ? administrative authorities ‘and the!'temedies | | the benefit. Bf te body politic (MALCOLM & available to the individual in ease of violation of, | LAUREL|Piilippiie Constitutional Law (1936), p. 6). his rights (Id) = It is a study of the laws that fegulate the administrative. organization and. operations. of the governmental organs of the State and "Kinds of Constitutions: ~egheeAs to form: -@& Written ne whose precepts are embodi document or set of documents; and 3. Election Law = itis a study of the laws, rules, and procedures. involving the conduct of the election of all public officials who will exercise the powers of government as allocated to and within their functions and responsibilities (Id. b. Unwritten 4 Law of Public Officers: - consists of rules which have not been at integrated into a single, concrete form but are scattered in various sources, such as one DOHN ALFRED E. AQUILIZAN, Over-All Chairperson | NICHOLE VANE B. SANTOS, Chairperson for Academics | RONALYN A. GACULA, Ad Hoc Director for Bar Matters | MARIELLE CIELO B. BELGIRA, Vice Chairperson for Finance | JUAN INIGO S. MIGUEL, Vice Chairperson for Operations | ALISSA MARIE D.C. DELOS SANTOS, Vice Chairperson for Audit | CORINA R. TAMPUS, Vice Chairperson for Secretariat | ARVY KEITH N. CHUNG, Vice Chairperson for Logistics | ANTONIO JUN-JUN C. MANALIGOD IV, Vice Chairperson for Membership | JORDAN N. CHAVEZ, Vice Chairperson for Electronic Data Processing [ALLAN V. BADILLO, Subject Chair| RICARDO T. KHO, Assistant Subject Chair | LANCE CHESTER G. LAGMAN, Subject Electronic Data Processing | SUBJECT. HEADS: JANYN MARIELLA MONTEALEGRE, Constitutional Law I BERL STEPHEN REEVES S. DUTOSME, Constitutional Law I | DONNA. V. MENDOZA, Public International Law | LOUISE MICAELA JOSEPHINE P. LIRA, Administrative Law & Lave on Public Officers | VINEZ GRACE C. CALUSCUSAN, Law on Public Corporations | GENESIS KIRBY V. VILLA. Election Law| SSE "TROY JUSTINE §, VICS, IVANAH IRENE MICHAELA M. TOMO, FRENCH VIVIENNE T. TEMPLONUEVO, ERICA P. RETUYA, BERNICE ANNE D. DE GUZMAN, NICA JANETH 0. ABAS, AUBREY JOYCE B. RAZON, GIL HARVEY S. ESCARCHA, REUBEN JADE C. SOBREVILLA, ROCHELLE MAY G. TABI, DOMINIQUE ANNE R. MANALO, MARK PHILIP P. TANDOG, SHERRY JANE B. PAGAY, JOHN MICHAEL M. OPENDO, and ANGELIKA V. ORTEGA PO Atty. ADONIS V. GABRIEL and Atty. EDWIN R. SANDOVAL, ES < Pa I =< ro Q = =) = Ee 7) 2 fo} 3°statutes of a fundamental character, judicial decisions, commentaries of publicists, customs and traditions, and certain common law principles 2. Asso origin: a. Enacted (Conventional) - one that is formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler; and b. Evolved (Cumulative) = results from political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method. 3. As to amendment: a. Rigid ” - one which can be amended onlythrough a formal and difficult process; and b. Flexible - can be amended by ofdinaryfegislation as in the case of an Jnwritter constitution (NACHURA, Outline Reviewer in Political Law (2016), p. 2 [hereinafter NACHURA}) NOTE: The Philippine Constitution is\ written, conventional, and rigid (Id.), Effectivity of the Constitution The present Philippine Constitution \took effect.on February 2, 1987, which is the date ofits ratification. in the plebiscite held on that same date’and not on the date its ratification was proclaimed (DeLeon v. Esguerra, G.R. No. L-78059, August 31,1987): B. ESSENTIAL PARTS OF A GOOD WRITTEN CONSTITUTION: LsG 1, Constitution of Liberty — the series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the powers of government as a means of securing the enjoyment of those rights, e.g., Article Il; NOTE: Some authors would separate from the Constitution of Liberty what they call a Constitution of Social Justice which consists of provisions setting forth economic, social, and cultural rights. In the Philippine Constitution, this would primarily refer to Article Xill. 2. Constitution of Sovereignty = the provisions pointing out the mode or procedure in accordance with which formal CONSTITUTIONAL LAW Political and International Law changes in the fundamental law may be brought about, ¢.g., Artiole XVII; and 3. Constitution of Government = the series of provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate, e.g., Articles VI, Vil, Vill, and IX (CRUZ & CRUZ, Constitutional Law (2015), p. 6-7) {hereinafter CRUZ, Constitutional Law) C. AMENDMENTS AND REVISIONS (CONST. ART. XVII) ‘Amendment Broadly refers to a change that adds, reduces, or deletes without altering the basic principles involved. Revision Broadly. implies a change that alters at least one asic prineiple in the Constitution, like altering the principle /of separation of powers or the system of checks-and-balances. There is also revision if the change™altérs the substantial entirety of the constitution, as.when the change affects substantial provisions of the constitution. Revision generally affects several provisions of the Constitution, while amendment generally affects only the specific provision’ being amended (Lambino v. COMELEC; G.R. No. 174153, October 25, 2006). Two-part test employed in Lambino Case to determine “whether the proposal was a revision of amendment: 4. > Quantitative'test ~whether thé proposed change is so extensive in\ its provisions as to change directly the “substance entirety” of the Constitution by the deletion or alteration of numerous provisions. The Court examines only the number of provisions and not the degree of change; and 2. Qualitative test - whether change will accomplish such far- reaching changes in the nature of our basic governmental plan as to amount to a revision. Justiciable Whether there is an alteration in the structure of government is a proper subject of inquiry. Thus, "a change in the nature of the basic governmental plan" includes “change in its fundamental framework or the fundamental powers of its branches.” A change in the nature of the basic governmental plan also includes changes that jeopardize the traditional form of government and the system of check and balances (Lambino v. COMELEC, supra).wv MEMORY AID ‘San Bod Oriversty Cologo of Law - ROCT Bar Operations Center Steps in the Amendment or Revision of the Constitution: (Proposal, Submission, and Ratification) 4. Proposal for amendment or re be made by: a. Congress as a Constituent Assembly - Acting upon a vote of 3/4 of all its members (CONST. Art. XVII, Sec. 1, par. (1)). jon may NOTE: Since the Constitution is silent about the method and since the amendatory process has been committed to Congress, under the “political question” doctrine Congress should be free to choose whichever method it prefers, provided that both House vote separately. This is because the power to propose amendments is given not to a unicameral body but to a bicameral. body (BERNAS, The 1987 Constitution of the Republic of the Philippines, A Commentary (2009), p. 1349 {hereinafter BERNAS, Commentary]). NOTE: When Congress, acting as a Constituent Assembly, omits to provide for the implementing details, Congress, acting as a Legislative Assembly this time, can enact the necessary _ implementing. legislation to fill in the gaps following the general rules on lawmaking’ (Imbong v. Ferrer, G.R. No. L-32432) September 11, 1970) - b. Constitutional Convention (CONST. Art. XVII, Sec. 1, par. (2) i. Called for such purpose by a 2/3,vote of the Members of Congress?or ii. By a majority vote of all its Members, Congress may submit to the electorate the question of calling such a convention (CONST. Art. XVII, Sec. 3). c. People’s Initiative (CONST. Art. XVII, Sec. 2) ‘Amendments to the Constitution may be directly proposed by the people upon a Petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein. ‘Two additional essential elements: i. People must author and personally sign the entire proposal; and ii, Proposal must be embodied in a petition (Lambino v. COMELEC, G.R. No. 174153, October 25, 2006). Limitations on the Exercise of People's Initiative: i, The electorate can only propose amendments through initiative. Rationale: It would be practically impossible to have an over-all revision of the Constitution through action by the entire electoral population (Deliberations of the Constitutional Commission, p.. 402-408). Formulation of provisions revising the Constitution requires both cooperation and debate which can only be done through a collegial body (BERNAS, 1987 Philippine Constitution: A Comprehensive Reviewer (2011), p. 547 [hereinafter BERNAS, Reviewer)). ii, No amendment in this manner shall be authorized within 5 years following the ratification of this’ Constitution (or until February 2, 1992); nor oftener than ‘nce every 5 years. iii, “The Congress shall provide for the ‘implementation of the exercise of this ight (CONST. Art. XVII, Sec. 2). The Initiative and Referendum Act (R.A. . No. 6735), R.A. No. 6735 is incomplete, inadequate, or anting"i @Ssential terms and conditions insofar as ‘initiative on amendments to the Constitution is concerned. The SC ruled, among others, that: i... Section 2 of the law does not suggest an initiative on amendments to the Constitution; ii, The law does not provide for the contents of a petition for initiative on the Constitution; ili, No subtitle is provided for initiative on the Constitution; and iv. While R.A. No. 6735 exerted utmost diligence and care in providing for the details in the implementation of initiative and referendum on national and local legislation thereby giving them special attention, it failed, rather intentionally, to do so on the system of initiative on amendments to the _ Constitution (Santiago v. COMELEC, G.R. No. 127325, March 19, 1997). In the later case of Lambino v. COMELEC (G.R. No. 174153, October 25, 2006), the Court refused to revisit the ruling in Santiago v. COMELEC in order to resolve the Lambino petition. ES < a | Ed ms Q Fs - [= iS o z fe} re)The SC added in Lambino that, even assuming that R.A. No. 6735 is valid to implement the constitutional provision on initiatives to amend the Constitution, this will not change the result since the Lambino petition violated Section 2, Article XVII of the Constitution. To be a valid initiative, the present initiative must first comply with Section 2, Article XVII of the Constitution even before complying with R.A. No. 6735. However, in its Resolution, denying the Motion for Reconsideration in Lambino, the Court stated that ten Members of the Court reiterated their position that R.A. No. 6735 is sufficient and adequate to amend the Constitution thru a people's initiative. NOTE: The choice of the method.of proposal lies in the exclusive discretion of the legislature (Gonzales v,“COMELEC, supra). 2. Submission of Proposal to'the’ People; and Either Congress as a Constituent Assembly or the Constitutional Convention shall submit the proposed changes to the-people. However, if neither Congress as a Constituent Assembly nor the Constitutional Convention submits the changes, that is, designates the time-and circumstances for the plebiscite) Congress.as an ordinary legislative body\may do so (BERNAS, Reviewer, supra at 543-544). (See the discussion about People’s initiative’on the Legislative Department in page 72). Doctrine of Proper Submission Submission of piecemeal amendments~is unconstitutional. All the amendments must be submitted for ratification at one plebiscite only. The people have to be given a proper frame of reference in arriving at their decision (Tolentino v. COMELEC, G.R. No. L-34150, October 16, 1971). The Court ruled that, under the context of Art. XV of the 1935 Constitution, constitutional amendments may be submitted for ratification in a regular election (Gonzales v. COMELEC, supra) because there is nothing in the said provision to indicate that the “election” therein referred to is a “special,” not a general election (Re: Nomination of Atty. Lynda Chaguile, A.M. No. 13-04-03-SC, Dec. 10, 2013). Ratification (CONST. Art. XVII, Sec. 4). CONSTITUTIONAL LAW Political and International Law ‘After submission, the proposed changes shall be valid when ratified by the majority of the votes cast in a plebiscite, held not earlier than 60 days nor later than 90 days: a. After approval by Congress or Constitutional Convention of the proposed amendment(s) oF revision; or b. After certification by the COMELEC of the sufficiency of the petition by the people. Date of Effectivity of an Amendment or Revision Since Sec. 4 of Article XVII of the Constitution says that any amendment or revision “shall be valid when ratified", the date of effectivity of any amendment or revision should be the same as that of the date of ratification, that is, the day on which the votes are cast. However, the amendments themselves might specify otherwise (BERNAS, Commentary, supra at 7382), Judicial Review of Proposals The Substance of the proposals is not subject to jUdicial review since what to propose is left to the ‘wisdom of the-Constituent Assembly. However, the manner of making the proposal is subject to judicial review. This is because a Constituent Assembly ‘owes its existence and derives all its authority and power from the Constitution. Hence, whether or not it has acted according to the Constitution must always bea matter of judicial cognizance (BERNAS, Reviewer, supra at 645). Matters which may be Reviewed by the Court: 4 Whethet or not 4 proposal was approved by the requifed number of votes of Congress; 2._-Whether.or/not the approved proposals were properly submitted to the people for ratification; or 3.--Whether or not the proposals were ratified by majority of the votes cast in a plebiscite called for the purpose (Tolentino v. COMELEC, supra). D. METHODS OF INTERPRETING THE CONSTITUTION Three Well-Settled Principles of Constitutional Construction: (VRU) 4. Verba legis = whenever possible, the words used in the Constitution must be given their ordinary meaning, except where technical terms are employed; Ratio legis est anima = where there is ambiguity, the words of the Constitution should be interpreted in accordance with the intent of the framers; andMEMORY AID ‘San Boca Urivorty Colege of Law = RCT Bar Operations Contor 3. Ut magis valeat quam pereat = the Constitution has to be interpreted as a whole (Francisco v. HOR, G.R. No. 160261, November 10, 2003). Debates and proceedings of the constitutional convention are powerless to vary the terms of the Constitution when the meaning is clear. It safer to construe the constitution from what appears upon its face. The proper interpretation, therefore, depends more on how it was understood by the people adopting it than in the framers’ understanding thereof (Civil Liberties Union v. Executive Secretary, G.R. No. 83896, February 22, 1991), The words of the Constitution should be understood in the sense they have in common use. Moreover, the principles of Verba Legis Non Est Recedendum also applies in constitutional construction, that is, from the words of a statute there should be no departure (Chavez v. Judicial and Bar Council, G.R. No. 202242, July 17, 2012). In the determination of the question whether a Constitutional provision is mandatory or directory, the prime object is to ascertain the legislative intent (Taftada v. Cuenco, G.R. No. L-10520, Februéry 28, 1957). The Constitution should likewise _Opefate prospectively only, unless the words employed show a clear intention that “it. should have a retrospective effect (Peralta v. Director of Prisons, G.R. No. L-49, November 12, 1946). Accordingly, Article Ill, Section 12 of the 1987 Constitution has been held to apply prospectively; therefore, waivers of the right to counsel during custodial investigation without the benefit of counsel before the effectivity of the 1987 Constitution are admissible (Filoteo v. Sandiganbayan, G.R. No. 79543, Oct. 16, 1996). In case of doubt, the provisions of the Constitution should be considered self-executing (Manila Prince Hotel v. GSIS, G.R. No. 122156, February 3, 1997). Self-Executing Provision It is a provision which is complete in itself and becomes operative without the aid of supplementary ‘or enabling legislation, or that which supplies a ‘sufficient rule by means of which the right it grants may be enjoyed or protected (Manila Prince Hotel v. GSIS, supra). Example: Section 11, Article XN of the Constitution, which expressly reserves to Filipinos specific areas of investment, such as the development of natural resources and ownership of land, educational institutions, and advertising Le business, is self-executing (Gamboa v. Teves, G.R. No. 176579, June 28, 2011). Non-Self-Executing Provision It is a provision which lays down a general principle (Manila Prince Hotel v. GSIS, supra) GENERAL RULE: The provisions in Article I are generally not self-executing provisions, which, absent enabling legislation, “do not embody judicially enforceable constitutional rights.” They merely serve as guides in formulating and interpreting implementing legislation, as well as in interpreting executory provisions of the Constitution (Magallona v. Ermita, G.R. No. 187167, August 16, 2011) Thus, the disregard of such provisions does not give rise to any cause of action before the courts (Pamatong v. COMELEC, G.R. No. 161872, April 13, 2004). EXCEPTION: 1. Sec. 15 on the people's right to health; ~ 2. Sec. 16.0n the people's right to a balanced and he ecology; and Sec. 28 6n the policy of full public disclosure (CRUZ, Political Law, supra at 36-37). The right|to'a balanced and healthful ecology and the right to health’ need not even be written in the Constitution for they are assumed to exist ‘fOtnthe inesption of humankind (Oposa_v. Factoran, Jr, G.R. No. 101083, July 30, 1993) ~The effectivity of the policy of public disclosure “heed_not await the passing of a statute (The Province of North Cotabato v. The Government of the Republic of the Philippines Peace Pane on Ancestral Domain, G.R. No. 183591, October 14, 2008). Doctrine of Constitutional Supremacy Ifa law or a contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or executive branch of the government or entered into by private persons for private purposes, is null and void, and without any force and effect. Since the Constitution is the fundamental and supreme law of the land, it is deemed written in every statute and every contract (Manila Prince Hotel v. GSIS, supra). When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern (CIVIL CODE, Art. 7, par. (2)). ‘Administrative or executive acts, orders and regulations shall be valid only when they are not ES Pa al I =< 2 Q = 2) Ee E n 2 ° °contrary to the laws or the Constitution (CIVIL CODE, Art. 7, par. (3)). GENERAL PROVISIONS (CONST. ART. XVI) Section 1 The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people, and recognized by law. Section 2 The Congress may, by law, adopt a new name for the country, a national anthem, or a national. seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum. The Flag and Heraldic Code of the Philippines (RA. No. 8491) May 28 — National Flag Day (Sec. 7). The period from May 28 to June 12.0f éach yearis declared as “Flag Days,” during which périod all offices, agencies, and _jnstruméntalities of government, business establishments, institutions of learning, and private homes are enjdined fo display the flag (Sec. 26). Prohibited Acts: 1. To mutilate, deface, defilé, trample of} or cast Contempt, or commit any actor omission casting dishonor or ridicule upon.the flag of over its surface; 2. To dip the flag to any person or object by way of compliment or salute; 3. Touse the flag: a. Asa drapery, festoon, tabléeloth; b. As covering for ceilings, walls,. statues or other objects; ¢. Asa pennantin the hood, side, back and top of ‘motor vehicles; d. Asa staff or whip; . For unveiling monuments or statues; and f. As trademarks, or for industrial, commercial, or agricultural labels or designs. 4. To display the flag: a. Under any painting or picture; b. Horizontally face-up. It shall always be hoisted aloft and be allowed to fall freely; ¢. Below any platform; or d. In discotheques, cockpits, night and day clubs, casinos, gambling joints, and places of vice or where frivolity prevails. 5. To wear the flag in whole or in part as a costume oF uniform; CONSTITUTIONAL LAW Political and International Law 6. To add any word, figure, mark, picture, design, drawings, advertisement, or imprint of any nature on the flag; 7. To print, paint, or attach representation of the fiag on handkerchiefs, napkins, cushions, and other articles of merchandise; 8. To display in public any foreign flag, except in embassies and other diplomatic establishments, and in offices of international organizations; 9. To.use, display, or be part of any advertisement or infomercial; and 10. To display the flag in front of buildings or offices occupied by aliens (Sec. 34). The rendition of the National Anthem, whether played or sung, shall be in accordance with the musical arrangement and composition of Julian Felipe (Sec. 37). The_National Motto shall be “Maka-Diyos, Maka- Tao, Makakalikasan, at Makabansa’ (Sec. 40). ‘Section 4 The “Amed.Forces of the Philippines shall be Composed, of a citizen armed force which shall undergo military..trdining and serve as may be Provided by aw. It \shall keep a regular force necessaty for the security of the state. Section 5 1. All members Of the armed forces shall take an oath or affirmation to uphold and defend the Constitution. 2._The State shall siréngthen the patriotic spirit and nationalistic consciousness of the military, and respect for people's rights in the performance of theirduty, 3,_-Pfofessionalism in the armed forces and adequate remuneration and benefits of its members shall be a prime concern of the State. The’ armed forces shall be insulated from partisan politics. No member of the military shall engage directly and indirectly in any partisan political activity, except to vote. 4. No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government including GOCC or any of their subsidiaries. 5. Laws on retirement of military officers shall not allow extension of their service. 6. The officers and men of the regular force of the armed forces shall be recruited proportionally from all provinces and cities as far as practicable. 7. The tour of duty of the Chief of Staff of the armed forces shall not exceed 3 years. However, in times of war or other national emergency declared by the Congress, the President may extend such tour of duty.MEMORY AID ‘San Boda Univorty Colego of Law = RCT Bar Operations Centar NOTE: The Constitution does not prohibit shortening of the tenure of a Chief of Staff who is incompetent (BERNAS, Commentary, supra at 1337). Section 6 The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a National Police Commission. The authority of local executives over the police units in their jurisdiction shall be provided by law. REASON: The universal acceptance that a police force is a civilian function [and] a public service, and [therefore] should not be performed by military force (Carpio v. Executive Secretary, G.R. No. 96409, February 14, 1992, citing an explanation by Com. Teodulo C. Natividad during the deliberations of the Constitutional Commission of 1986). Since the PNP is civilian in character, it is subjectto the jurisdiction of the Civil Service Commission (Mendoza v. PNP, G.R. No. 139658, June 21, 2005). Section 11 The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives, or association, wholly- owned and managed by citizens. ‘Only Filipino citizens or corporations orassociations, at least 70% of the capital of which is owned by such citizens shall be allowed to engage inthe advertising industry, A. GENERAL PRINCIPLES AND STATE POLICIES (CONST. ART. ") Democratic and Republican State The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them (CONST. Art. Il, Sec. 1). Democratic Understood as “participatory democracy”; contemplates instances where the people would act directly, and not _ through their representatives (Tolentino v. COMELEC, G.R. No. 148334, January 21, 2004). Republican A government which is run by the people through their chosen representatives who, in turn, are accountable to the sovereign will of the people (CRUZ, Political Law,, supra at 90). Republicanism a. Essential features: i, Representation; and ji, Renovation. b. Manifestations: i. Ours is a government of laws and not of men (Villavicencio v. Lukban, G.R. No. L-14639, March 25, 1919); Rule of majority (Plurality in elections); Accountability of public officers; Bill of rights; Legislature cannot pass irrepealable laws; and vi. Separation of powers (NACHURA, supra at 96). Renunciation of War and Doctrine of Incorporation Renuhclation of War The Philippines renounces war as an instrument of natighal policy (CONST. Art I, Sec. 2). The law authorizes a declaration not of war but onlyf the existence of a state of war, in ine with our renunciation” of war as an instrument of national policy (CRUZ, Political Law , supra at 101). It suggests a war already begun or seprovoked by the enemy and the existence of Which,we are only affirming. In other words, we ‘re not the aggressor but merely reacting to an aggression (Id. at 326). ‘As member of United Nations, the Philippines does not merely renounce war but adheres to Article 2(4) of the UN Charter which says: ‘All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with Purposes of the United Nations.” NOTE: The Philippines renounces aggressive, and not defensive war (BERNAS, Reviewer, supra at 14). Doctrine of Incorporation The Philippines 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 (CONST. Art. Il, Sec. 2). = ea 4 | 4 Fd Q i= ~) j= = 7) r3 fo} 3°Two Methods of Making International Laws Part of the Local Laws of the Philippines: a. Doctrine of Incorporation ~ By virtue of this doctrine, the 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 (Kuroda v, Jalandoni, G.R. No. L-2662, March 26, 1949). NOTE: 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 Congress. Since treaties become part of the Philippine law only by ratification, the principle of incorporation applies only to customary Jaw and to treaties which have-become part-of customary law (BERNAS, .Comméntary, supra at 61), b. Doctrine of Transformation = Generally acgepted / principles of international law are“ localized, through legislation (Agustin v. Edu, G.R, No. L- 49112, February 2, 1979). NOTE: For treaties { and _intetational agreements, it i the \ Doctrine. of Transformation which, the Republic. of the Philippines follows consideringsthat Article VII, Section 21 of the Constitution expressly provides that ‘no treaty~or international agreement shall be valid “and effective unless concurred in by at least two-thirds of all members of the Senate.” On the contrary, it must be noted that there is nothing in Article Il, Section 2 of the Constitution (Doctrine of Incorporation) which provides that it shall apply to treaties and international agreements (HOFILENA, Intemational Law Pre-Bar Reviewer, (2018). p. 39, citing the case of Pharmaceutical and Health Care Association v. Health Secretary Duque, et. al., G.R. No. 173034, October 19, 2007). 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; or 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 CONSTITUTIONAL LAW Political and International Law through the medium of treaty (Ichong v. Hemandez, G.R. No. L-7995, May 31, 1957). NOTE: Under the 1969 Vienna Convention ‘on The Law of Treaties, which incorporates the doctrine of pacta sunt servanda, every treaty in force is binding upon the parties to it and must be performed by them in good faith (Art. 26). A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty (Art. 27), jan Supremacy Civilian authority is, at all times, supreme over the military. The Armed Forces 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 (CONST..Art. 11, Sec. 3). Ensured‘by:\, ‘=... The installation of the President, the highest civilian” authority, as the Commander-in- Chiefof the AFP (CONST. Art. VII, Sec. 18); and b. The requirement that members of the AFP Swear jto uphold and defend the Constitution; Which is the fundamental law of the civil government (CONST. Art. XVI, Sec. 5; par. (1)): The depiéyment of the military in the metropolis to conduct joint visibility patrols with the PNP dogs’ not constitute breach of the civilian sUpremacy Clause (IBP v. Zamora, G.R. No. 141284, August 15, 2000). Compulsory Military and Civil Service; Protection of People and State The prime duty of the Government is to serve and protect the people. The Government may calll 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 (CONST. Art. Il, Sec. 4). 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 (People v. Lagman, G.R. No. L-45892, July 13, 1938). Peace and Order; General Welfare The maintenance of peace and order, the protection of life, liberty, and property, and theMEMORY AID ‘San Boss Covert Coage of Lan - ROCT Ba Options Carr promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy (CONST. Art. Il, Sec. 5). 6. Separation of Church and State The separation of Church and State shall be inviolable (CONST. Art. II, Sec. 6). Under our constitutional scheme, it is not the task of the State to favor any religion by protecting it against an attack by another religion. Vis-2-vis religious differences, the State enjoys no banquet of option (Iglesia ni Cristo v. CA, G.R. No. 119673, July 26, 1996). The command that Church and State be separate is not to be interpreted to mean hostility, to religion (Aglipay v. Ruiz, G.R. No. L-45459, March 13, 1937). 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 (Taruc v. De la Cruz, GR, ‘No. 144801, March 10, 2008). ‘Types of Separation (Estrada v. Eséfitor, A.M. <. No. P-02-1651, June 22, 2006) ¥ a. Strict separation = an absolute bamier to formal. interdependence meant to protest the state from the church. The state's hostility. towards religion allows. no™interaction between the two. b. Strict neutrality = an approach not totally hostile to religion but itis strict in holding that religion. may not be used as a basis for classification for purposes of governmental action. Only secular criteria may be the basis the governmental action. . 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. Note: The 1987 Constitution, as adopted by the Filipino people, incorporates and adheres to the benevolent neutrality approach (Estrada v. Escritor, supra. Reinforced by: a, Freedom of religion clause (CONST. Art. It! Sec. 5): b. Non-establishment of religion clause (CONST. Art Il, Sec. 5): c. No religious test clause (CONST. Art. Ill, Sec. 5); d. No sectoral representative from religious sector (CONST. Art. VI, Sec. 5, par. (2)); e. Prohibition against appropriation for sectarian benefits (CONST. Art. VI, Sec. 29, par. (2)); and {. Non-registration of religious denominations and sects as political parties (CONST. Art IX-G, Sec. 2, par. (5) Exceptions: a. Churches, parsonages, etc., actually, directly and exclusively used for religious, charitable, and educational purposes shall be exempt from taxation (CONST, Art. VI, Sec. 28, par. (3)}; b. Prohibition against appropriation for sectarian purposes does not apply when @ priest, or like persons, is assigned to the armed forces, or to any penal institution or government ‘orphanage or _leprosarium (CONST. Art. Vi, Sec. 29, par. (2)): MGp,Optional religious. instruction for public ‘lementary and high school students (CONST. Art. XIV, Sec. 3, par. (3)}; and d. Filipino ownership requirement for ‘educational institutions does not apply when the same is established by a religious group 6r a mission board (CONST. Art. XIV, Sec. © par. (2). 7. Independent Foreign Policy and Freedom from Nuclear Weapons ‘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 (CONST. Art. Ui, Sec. 7). 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 sectusion” nor ‘mendicaney in the intemational community” (Tafieda v. Angara, supra) ‘The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in tts territory (CONST. Art Il, Sec. 8). The policy however does not prohibit the peaceful uses of nuclear energy (BERNAS, Reviewer, supra at 16). = 4 s a 4 z 6 = P] [= E oO r 4 fe) °o10. Af: Social Order 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 (CONST. Art. Il, Sec. 9). Social Justice The State shall promote social justice in all phases of national development (CONST. Art. Il, Sec. 10). 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 (Calalang v. Williams, G.R._/Nox 47800, December 2, 1940). J Full Respect of Human Rights and Dignity of Every Person The State values the dignity of every human person and guarantees full-respect for-human rights (CONST. Art. Il, See). The tight to security of petSon is a-cofollary of the policy that the State “guarantees full respect for human rights" under Article Il, Section 1 of the 1987 Constitution. As the government is the chief guarantor of order and ‘security, the Constitutional guarantee of the rights to life; liberty, and security of person is rendered ineffective if government does not) afford protection to these rights especially when they are under threat (Razon v. Tagitis)*G.R.- No. 182498, December 3, 2009). Right to Life of the Unborn The State shall equally protect the life of the mother and the life of the unborn from conception (CONST, Art. I, Sec. 12). The protection accorded to the unborn starts from conception which is equivalent to fertilization. The guarantee of protection of the unborn under Section 12, Article Il of the Constitution effectively prohibits and outlaws abortion and the use of abortifacients (Imbong v. Ochoa, G.R. No, 204819, April 8, 2014). CONSTITUTIONAL LAW Political and International Law 12. Right to a Balanced and Healthful Ecology 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 (CONST. Art. Il, Sec. 16). The right to health and to @ balanced and healthful ecology is a right that can exist independent of any constitutional grant or recognition. This right emanates from being a human (Oposa v. Factoran, G.R. No. 101083, July 30, 1993). By authority of Section 16, Article I! and under various statutes, several government agents were required by mandamus to undertake the cleaning of Manila Bay and its surroundings (MMDA v. Residents of Manila Bay, G.R. No. 171947, December 18, 2008). 13. Labor The State affirms labor as a primary social economié. foree. It shall protect the rights of Workers'and promote their welfare (CONST. Art. W, Sec. 48). 14. Economy, The State \shail’ develop a self-reliant and independent national economy effectively controlled by Filipinos (CONST. Art. Ii, Sec. 19). The State recognizes the indispensable role of the’ private s¢ctor, encourages private enterprise, and provides incentives to needed investments (CONST. Art. Il, Sec. 20). ‘Section 20,18 no more than an acknowledgment of the importance of private initiative in building the-nation. However, it is not a call for official ‘abdication of duty (of the State) to the citizenry to promote distributive justice and to intervene when the common good so demands (Marine Radio Communications Ass'n. of the PHL, Inc. v. Reyes, G.R. No. 86953, November 6, 1990). 15. Agrarian Reform The State shall promote comprehensive rural development and agrarian reform (CONST. Art I, Sec. 21). The policy of agrarian reform under Section 21, Article I! of the Constitution allows the actual distribution of land individually to farmer beneficiaries or collectively in consonance with Section 4, Article XIII (Hacienda Luisita, Inc. v. Presidential Agrarian Reform Council, G.R. No. 171101, July 5, 2011).MEMORY AID ‘San Bods Universty Cologe of aw RCT Bar Operations Center 16. Local Autonomy The State shall ensure the autonomy of local governments (CONST. Art. Il, Sec. 25) The principle of local autonomy under the 1987 Constitution simply means “decentralization” does not make the local governments sovereign within the state or an “imperium in imperio,” i.6., a state within a state (Basco v. PAGCOR, G.R. No. 91649, May 14, 1991). NOTE: There shall be created autonomous regions in Muslim Mindanao ‘and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines (CONST. Art. X, Sec. 15). Kinds of Decentralization: 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 the central allthorities but to its constituency (Limbona v. Mangelin, G.R. No. 80391, February 28, 1989). b. Decentralization of Administration - the central government merely delegates administrative powers to, _political subdivisions: (i) to broaden the-base of government powers; and (ii) to make LGUs more responsive, accountable, and ensure full development and self-reliance. The president exercises “general supervision" over them, but only to ensure that local affairs are administered according to law (Limbona v. Mangelin, supra). The SC laid down the following rules in Ganzon v. CA (G.R. No. 93252, August 5, 1991): a. Local autonomy, under the Constitution, involves. a mere decentralization of administration, not of power, in which local officials remain accountable to the central government in the manner the law may provide; and b. The new Constit federalism n does not prescribe 17. Equal Access to Opportunity for Public Service The State shall guarantee equal access to ‘opportunities for public service and prohibit 18, political dynasties as may be defined by law (CONST. Art. Il, Sec. 26) Social justice does not champion division of property or equality of economic status; what it and the Constitution do guaranty are equality of opportunity, equality of political rights, equality before the law, equality between values given and received on the basis of efforts exerted in their production. (Guido v. Rural Progress Administration, G.R. No. L-2089, October 31, 1949) This provision does not contain a judicially enforceable constitutional right and merely specifies a guideline for legislative action. It is not intended to compel the State to enact positive measures that would accommodate as many as possible into public office. The privilege may be subjected to limitations such as the provision of the Omnibus Election Code on nuisance candidates (Pamatong v. COMELEC, G.R. No. 161872, April 13, 2004) Honesty and Integrity in Public Ser ‘he Siate shall maintain honesty and integrity in 19. the public service and take positive and effective measures against graft and corruption (CONST. Art. Il, See. 27). Full/ Public Disclosure of _ alll Transactions Involving Public Interest ‘Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions jolving public interest (CONST. Art. Il, Sec. 2B) The policy of full public disclosure is a self- executing guarantee and does not need implementing legislation. What may be provided bylaw are reasonable conditions and limitations, and not the undertaking of the government to disclose transactions involving public interest (Legaspi v. CSC, G.R. No. L-72119, May 29, 1987). This provision recognizes the duty of officialdom to give information even if nobody demands. This provision is essential to hold public officials accountable to the people. The absence of an implementing legislation is not an excuse in not effecting such policy (Province of North Cotabato v. GRP Peace Panel, GR. No.183591, October 14, 2008). NOTE: 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 = Eq a | < z 9 = 5) = Ee oa ° rs)