• The "Declaration of Principles" is a statement of the basic ideological principles and policies

that underlie the Constitution. As such, the provisions shed light on the meaning of the other
provisions of the Constitution. (Bernas)

If it were a book, the Declaration of Principles would be a general outline of the contents of the
constitution. So that, all the provisions in the declaration of principles is connected to the body of
the constitution.

• Declaration of Principles is “Basic political creed of the nation.” (Cinco)

-because it lays down the policies that the government is bound to observe
Executive and legislative- when they come up with administrative orders,
Executive orders- executive
laws, resolutions- legislature
they look at at the Declaration of Principles and State Policies as their guide in crafting these
laws and administrative orders

1935 Cons- 5 sections

1973- 10 sections, 6 principles

1987 Constitution- 6 principles, 22 state policies

• The 1987 constitution already contain a self-executory and enforceable provision.

1935 and 1973 constitution- principles were merely guide

1987 constitution- Section 16: The right to a balanced and healthful Ecology
-leading case: oposa vs. factoran

• Section 1. The Philippines is a democratic and republican state. Sovereignty resides in the people
and all government authority emanates from them.

“Democratic”- new insertion (original: republican only)

2nd statement- original statement fr 1935

From ancient Greece came democracy denoting popular government

deno- people
cratia- power

Tydings-Mcduffie law- were one of those laws crafted by the US congress to govern the PH which is
considered in the development of the Constitutional jurisprudence n the PH
-madated: Constitution be REPUBLICAN in form
-mandated the crafting of a Constitution by the Filipinos
-Sec 1 of 1935 Constitution is an answer to this mandate

• Republican state; Democratic.

Republican- the people empowers the people to elect the leader to represent and govern them and
because, by constitutional mandate, sovereignty resides in the people and all government authority
emanates from them. It is essential for such government that it be derived from the great body of the
society. Its purpose is to guarantee against two extremes: against monarchy and oligarchy

And against pure democracy

Monarchy- where the supreme authority is in the hands of a single person

Pure/ direct democracy- the will of the state is formulated or expressed directly to the people in mass
meetings or assembly.
-disadvantage: in its management, everybody will have to participate

Bernas: the addition of the word “Democratic” in sec1 Art 2 of the Cons means the Philippines I not just
a Representative government but also shares some aspects of direct democracy such as the provision
mandating congress to enact a system of initiative and referendum under:
Art 6 Sec 32 and likewise under Art 17 Sec 2- mandating the enactment by congress of a system
amending the constitution by initiative and referendum.

• Section 2. The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and adheres to
the policy of peace, equality, justice, freedom, cooperation and amity with all nations.

• Renounces war. -only war of aggression because the power to wage a defensive war is the very
essence of sovereignty

Related to: sec 4 art 2 Which make the defense of the State a duty of government and of the people
sec 23, art 6- which gives congress the power to declare state of war

Should it not be “condemns war” instead of “renounce war?”

to renounce- implies that one time, war was part of Philippine policy -but it is not so
I should have been “condemns”

• Generally accepted principles of international law -adoption of this as part of the law of the
land is a specific declaration that international law has the force also of domestic law
effect” international law can be used by courts to settle domestic disputes
problem: determination what these GAPIL w/c the Philippines accepts as part of domestic law?
-it is not automatic that an international law immediately becomes domestic law for PH
-presently: it is confined only to CUSTOMARY LAW and TREATIES w/c have become part of the
customary law
-ultimately, it is the COURTS which will select which generally accepted principles of
international laws becomes domestic law

• Adherence to policy of peace, freedom, amity:

• Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the state. Its goal is to secure the sovereignty of
the state and the integrity of the national territory.

- Statement 2 and 3- new provision.

statement 1- only original

In the 1935 Constitution: Civilian supremacy is merely implied in Art 7 Sec 10 (2) which by THE
PRESIDENT, a CIVILIAN the COMMANDER IN CHIEF made the principle more explicit

• Supremacy of civilian authority. -is not supremacy of civilian officers who are in power.
-means: supremacy of the sovereign people

• “protector of the people” the provision has double meaning

• -this phrase was intended to act as corrective to military abuses

experienced during Martial Law -Bernas.

• “to secure the sovereignty of the state” -means guardianship of state sovereignty which means
sovereignty of the people

• Political role of the military. –“The political role of the military is found in the sentence “Its goal
is to secure the sovereignty of the state, and the integrity of national territory.”

• Bernas: The military exercise of political power can be justified as a last resort - when civilian
authority has lost its legitimacy.
- Bernas is trying to justify EDSA. It was only when the military came in that the power
tilted in favor of those who were revolting against Marcos.
-The military can exercise political power and they can come in when civilian authority
has lost its legitimacy
Q: Who will determine when legitimacy of civilian authority is lost?
 -not military, it would give them too much power

• Bernas: One cannot escape the conclusion that the armed forces can be a legitimate
instrument for the overthrow of a civilian government that has ceased to be a servant of the
people…that a long standing tyranny can be legitimately overthrown.

-again, to justify EDSA.

• Section 4. The prime duty of the government is to serve and protect the people. The government
may call upon the people to defend the state and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal military or civil service.

-This provision has undergone so many changes

1935- The defense of the State is a prime duty of government, and in the fulfillment of this
duty all citizens may be required by law to render personal military or civil service.
1973- The defense of the State is a prime duty of the Government and the people, and in
the fulfillment of this duty all citizens may be required by law to render personal military or
civil service.
National defense is place merely as one of the modes of serving and protecting the people.
Q: How ’35 ’73 and ’87 constitution differ?

• "under conditions provided by law" -the addition of this phrase in requiring compulsory
military service is intended to give Congress a flexible guideline in dealing with contentious
objectors. There is as for yet no new doctrine formulated

• Section 5. The maintenance of peace and order, the protection of life, liberty, and the promotion
of the general welfare are essential for the enjoyment by all the people of the blessings of
democracy.

• Section 6. The separation of church and state shall be inviolable.

-related to Sec 5 Article 3: Bill of Rights- No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be allowed. No
religious test shall be required for the exercise of civil or political rights.
-prohibits from passing laws which aids one religion
-“ from passing laws which aids all religion
- from passing laws which prefer one religion over the other

This is related to Section 5, Article III (the non-establishment and free exercise clauses in the Bill of
Rights:

-this admonition of the separation of church and state first appeared in the Treaty of Paris (When Spain
sold US to the Americans)
-One provision in ToP- All the territories ceded to the US shall be secured in the free exercise of religion

Q: Is the provision a mandate against the state only? How about church intervention in the State affairs,
it that prohibited under the provision?
Is this intervention justified by the theology of liberation enunciated by the catholic church in 1973?

-Sison (2006): “The church cannot and must not take upon herself the political battle to bring about the
most just society possible. The church cannot and must not replace the State. Yet at the same time, the
Church must not remain on the sidelines for the fight for justice. She has to play her part for rational
argument and she has to reawaken the spiritual energy without justice; which always demands sacrifice
cannot prevail and prosper
Q: When do these speeches or pastoral letters or acts of the clergy and the laity go beyond mere
performance of their role to help form consciences of political life and stipulating insights into the
authentic requirements of justice?
-

Sec 15 Art 15 of 1973 Constitution: “The separation of church and state shall be inviolable.”

Randy David: The doctrine of separation between church and state is not violated when religious
leaders attempt to influence public policy. It is breached when the political system resolves state
matters on the basis of religious arguments and affiliations.

• STATE POLICIES

Section 7. The State shall pursue an independent foreign policy. In its relations with other states,
the paramount consideration shall be national sovereignty, territorial integrity, national interest, and
the right to self-determination.

Duterte -he said that he was pursuing an independent foreign policy

US has always dipped its fingers into the affairs of the country. In politics, elections, economic policies
so that the move of Digong to some extent is correct (in general)

The pursuit of independent foreign policy that (statement 2)

-This provision is related to Section 25, Article XVIII - Transitory Provisions.

After the expiration in 1991 of the Agreement between the Republic of the Philippines and the
United States of America concerning Military Bases, foreign military bases, troops, or facilities
shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate
and, when the Congress so requires, ratified by a majority of the votes cast by the people in a
national referendum held for that purpose, and recognized as a treaty by the other contracting
State.
-which does not prohibit military bases troupes or facilities in the Philippines but merely
made clear of option of the country to enter into or not through a treaty for the purpose.
Balikatan: is it a treaty or an exectuvie agreement?
There is a change in the treatment of executive agreements in so far as conformity of the
senate is concerned
In the previous constiuttions, it was only ttreaties whichwere the subject of conformity by the
senate. Now, including executive agreements.

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

• The ban is only on nuclear arms. -no ban in use of nuclear energy for economic purposes

• The ban is not absolute policy. “consistent with national interest: (case to case basis)
-if it is to the national interest that a nuclear armed battle ship is to guard PH- president
may decide to accept it into our territory
The use and stockpiling of nuclear weapons, devices and pats thereof is prohibited.
it includes only possessing, controlling and manufacturing of nuclear weapons.
It does not ban the peaceful use of nuclear energy nor nuclear-capable vessels (vessels should be
actually carrying nuclear to be banned)

Vessel “uses” nuclear power- not prohibited, as long as it does not carry nuclear arms

Section 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.

-The provision is closely linked to the provision on social justice which is:

• Section 10. The state shall promote social justice in all phases of national development.

Related to
Section 1 and 2 of Article 13
ARTICLE XIII

Social Justice and Human Rights

SECTION 1. The Congress shall give highest priority to the enactment of measures
that protect and enhance the right of all the people to human dignity, reduce social,
economic, and political inequalities, and remove cultural inequities by equitably
diffusing wealth and political power for the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of
property and its increments.

SECTION 2. The promotion of social justice shall include the commitment to create
economic opportunities based on freedom of initiative and self-reliance.

Also related to Sec 1 Article 12 (National Economy and Patrimony)

SECTION 1. The goals of the national economy are a more equitable distribution of
opportunities, income, and wealth….
Related to Art 19 and 20 of Article 2

• People v. Pomar, 46 Phil 440 (1924) - pre-1935 case, decided in 1924.

-the court dismissed a statute and declared it unconstitutional. A statute that prescribed a 30
day vacation leave with pay both before and after confinement from pregnancy as an invasion
of freedom of contract.

-Before the advent of Social Justice in the 1935 Constitution, in so far as labor laws and
regulation are concerned, the agreement between the employer and the employee is law. It
cannot be broken, not even the government can come in to consider it unlawful.

One of the cases that will demonstrate the development of social justice in the Philippines: Antamok
Mining v. CIR, 70 Phil 340 (1940). – post 1935 Constitution

In the 1935 Constitution, for the first time, there was already a provision on social Justice
Because of the social Justice provisions in the 1935 Constitution, the pomar doctrine was abandoned.

Justice Laurel: “The policy of laissez faire (freedom of contract with minimal state or judicial
interference) (free enterprise) has given way to the assumption of the government of the right of
intervention even in contractual relations affected with public interest.
So that nowadays, Labor Laws
While the 1935 and 1973 constitution focused on economic inequities, the 1987 Constitution covers all
phases of national development. NOT JUST on socio-economic, but also on political and cultural
inequities. -Section 6 in legislature (party-list)

• "those who have less in life must have more in law"

-means more protection of the law favorable legislation. It commands a legal basis in favor of
those who are under privileged such that when the law is clear and valid, it simply must be
applied. But when the law can be interpreted in more ways than one, an interpretation that
favors the underprivileged must be followed.

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

Connected to: The provision finds concretization in Article III (Bill of Rights)
and Article XIII (Social Justice and Human Rights)

Section 12. The state recognizes the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the
unborn from conception. The natural and primary right and duty of parents in the rearing of the youth
for civic efficiency and the development of moral character shall receive the support of the government.

• The continuing constitutional policy is for the protection of the family as a basic social
institution. It is related to Article XV – The Family

Sec2 Article 15 which provides protection to marriage (Marriage, as an inviolable social institution,
is the foundation of the family and shall be protected by the State.)
-is not a blanket prohibition of DIVORCE even if sec 12 protects the family as a basic
social institution
Also, the protection of the State is extended to other stable unions entered into by folk rituals or by
simply living together. So that, Is there a constitutional prohibition against divorce? -THERE IS NONE

• Same sex marriage. -is it legal in the PH? No

-Family Code: requires a Marriage must be between a man and a woman

Is there a Constitutional provision prohibiting same sex marriage in the PH? There is none
-the provision against same sex marriage is a statutory provision, it is not constitutional

If Congress decides to amend section 1 and 2 of the family code by removing the provision that
“marriage must be between a man and a woman, then same sex marriage can be legal in the PH

Many experts would say, in so far as same sex marriage is concerned, the requirement of the Family
code that marriage must be between a man and a woman is violative of the equal protection clause
of the constitution.

• Protection of the unborn – begins from the moment of conception (fertilization)

“It protects from moment of conception” -When is there conception?

The provision likewise say that the UNBORN is a LEGAL PERSON meaning to say..

Rearing of the youth. – Related to Section 17, article 2

SECTION 17. The State shall give priority to education, science and technology, arts, culture,
and sports to foster patriotism and nationalism, accelerate social progress, and promote total
human liberation and development.
Related to Article 14 (Education)

Section 13. The state recognizes the vital role of the youth in nation building and shall promote and
protect their physical, moral, spiritual, intellectual, and social well- being. It shall inculcate in the
youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
Section 14. The state recognizes the role of women in nation building, and shall ensure the fundamental
equality before the law of women and men.

Related to Sec.14, Article XIII (Women)

SECTION 14. The State shall protect working women by providing safe and healthful
working conditions, taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their full
potential in the service of the nation.

• "fundamental equality before the law of women and men" – it does NOT mean ABSOLUTE
SAMENESS it recognizes the obvious biological differences between men and women.

Section 15. The state shall protect and promote the right to health and instill health consciousness
among them.

-it is a recognition that health is a fundamental right.

- it mandates a unified health delivery system that is integrated and comprehensive and affordable.
It calls for medical care for paupers.

Universal Health care law- based of the mandate of the constitution

This provision is related to Section 11 to 13, Article XIII, as an aspect of social justice.

Health (art 13)

SECTION 11. The State shall adopt an integrated and comprehensive approach to health development
which shall endeavor to make essential goods, health and other social services available to all the people
at affordable cost. There shall be priority for the needs of the underprivileged sick, elderly, disabled,
women, and children. The State shall endeavor to provide free medical care to paupers.

SECTION 12. The State shall establish and maintain an effective food and drug regulatory system and
undertake appropriate health manpower development and research, responsive to the country’s health
needs and problems.

SECTION 13. The State shall establish a special agency for disabled persons for rehabilitation, self-
development and self-reliance, and their integration into the mainstream of society.

Section 15 in relation to Section 3 (1), Article XV is the foundation of the RH Bill.

“1) The right of spouses to found a family in accordance with their religious convictions and
the demands of responsible parenthood;”

Section 16. The state shall protect and advance the right of the people to a balance and healthful
ecology in accord with the rhythm and harmony of nature.

-the provision manifests a clear desire to make environmental protection and ecological balance
conscious objects of police power.

• Oposa v. Factoran, 224 SCRA 792 (1993). -oposa is a private lawyer; factoran- a secretary of
the DENR. The case was filed by 34 minors pleading the cuase of intergenerational
responsibility and intergenerational justice, and asking that the secretary of natural resources
be ordered to cancel al all existing timber license agreements and to desist from issuing new
ones.
Timber License Agreement- prevailing manner of development and utilization of forest products
during that time.
 Lower courts- DISMISSED their petition ruling that there is as yet no enabling law to implement
the constitutional provision. Understandably the judge understood that the only provision that
on which the case files was based is the Section 16 of the Declaration of Principles (Art2) And it
has always been observed that Declaration of Principles are merely GUIDES for legislationand
ADMINISTRATIVE ORDERS. This is the first time that the provision in the Declaration of
Principles became the basis of a case that was decided by the courts. So that even if the lower
courst dismissed the petition because there is no enabling law, SC REVERSED the decision. Even
though it did not order the outright cancellation of the timber licenses. It affirmed the
justiciability of the issue raised that the Constitutional provision is SELF-EXECUTORY and
ENFORCEABLE.

The court of the basis of Section 16 recognized to a balanced and healthful ecology and the DUTY to
refrain from impairing the environment.

• LLDA v. CA, 231 SCRA 292 (1994). -The SC relying on Sec 16 again, also bolstered by the right to
health (Section 15 ) ad well as the universal declaration of human rights (International
Conference on Primary Health Care, Alma-Ata, USSR, 6-12 September 1978)
upheld the authority of the Laguna Lake Development Authority to protect the inhabitants of
the Laguna Lake area from the deleterious effects of pollutants coming from garbage dumping
and the discharge of wastes in the area

Section 17. The state shall give priority to education, science and technology, arts, culture, and
sports to foster patriotism and nationalism, accelerate social progress, and promote total human
liberation and development.

-this provision is the basis why in the crafting of the budget, the General Appropriations act every
year education must have the HIGHEST budget. Department of Education should have the highest
budget.

-interest in Sec 17: this provision if the flagship of the ESTACS (Educations Science, technology, arts
culture and Sports)

• Academic Freedom:

Sec 5 of Article 13 (1935 Constitution)

SEC. 5. All educational institutions shall be under the supervision of and subject to regulation
by the State. The Government shall establish and maintain a complete and adequate system of
public education, and shall provide at least free public primary instruction, and citizenship
training to adult citizens. All schools shall aim to develop moral character, personal discipline,
civic conscience, and vocational efficiency, and to teach the duties of citizenship. Optional
religious instruction shall be maintained in the public schools as now authorized by law.
Universities established by the State shall enjoy academic freedom. The State shall create
scholarships in arts, science, and letters for specially gifted citizens. (only enjoyed by
universities established by state)
– in this provision, we can see the development of the concept “ACADEMIC FREEDOM”

Section 8 (2), Article 15 of the 1973 Constitution:

“(2) All institutions of higher learning shall enjoy academic freedom.”

1987 Constitution (Art 14, Sec 5 (2))

“(2) Academic freedom shall be enjoyed in all institutions of higher learning.”

Differences:

1935 Constitution- the concept of Academic freedom is the freedom of the individual teacher from
control of fault or aberrance from either within or without the academic institution/
-it is the professor that has academic freedom to teach as he pleases. The emphasis is NOT on
the AUTONOMY of the INSTITUTION, but on the INTELLECTUAL AUTONOMY of the academic teacher.
1973 Constitution- the concept is institutional academic freedom. It I not only the teacher that has
academic freedom, but the institution itself. The intent is to guarantee the academic freedom and
administrative autonomy of educational institutions

1987 Constitution- preserves the concept of the 1973 constitution that academic freedom means
institutional academic freedom.

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.
- the provision proclaims the primacy of the human factors over the non-human factors of productions

Related to: Sec. 3, Article XIII Labor

SECTION 3. The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for all.

(although all are protected, the rights guaranteed are not necessarily the same)

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and
peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to
security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and
decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor to its
just share in the fruits of production and the right of enterprises to reasonable returns on investments,
and to expansion and growth.

-Extends the protective mantle to ALL OF LABOR: local, overseas, etc…

“in accordance with law” (highlighted) – means that the law has traditionally denied the right to strike
to certain sectors of the working force such as peacekeeping forces (the police), firemen, government
workers performing constituent function, employees of the social security system, and public school
teachers.

• The rights guaranteed

• The phrase in accordance with law as appended to the right to strike

• The right of labor to a just share in the fruits of production – does NOT mean a mandatory
profit-sharing but a voluntary sharing that is borne of the acceptance of the social function of
the means of production. (ideal)

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

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

• Sec. 19 and 20 are the two pillars of the economic policy of the constitution. (pillars of the
National Economy)

Sec 19- commands an independent and nationalistic approach to economic development

Sec 20- affirms that the private sector is an indispensable __ of development

• Related to Article XII - National Economy and Patrimony.

Section 21. The state shall promote comprehensive rural development and agrarian reform.
Emphasis is on the word comprehensive. – rural development is not just agricultural development, it
encompasses social, economic, human, cultural, political and even industrial develpment

Closely related to the provision of

Social Justice, Section 9 and 10, Article II,
and Art. XIII, principally Secs. 1 and 2, and Secs. 4 to 10.

ARTICLE II
SECTION 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.
SECTION 10. The State shall promote social justice in all phases of national development.

Art 13
Sec 1 and 2: Social Justice and Human Rights
Sec 4 to 10: Agrarian and Natural Resources Reform
-It can be traced to Sec 6 of Art II of the 1973 Constitution:

SEC. 6. The State shall promote social justice to ensure the dignity, welfare, and security of all
the people. Towards this end, the State shall regulate the acquisition, ownership, use, enjoyment, and
disposition of private property, and equitably diffuse property ownership and profits.

-this provision became the basis of providing for LAND REFORM as a means of regulating and defusing?
Property ownership.

What is the difference between the Marcosian Land Reform and the Tita Cory land reform?
Difference would be on the word “comprehensive”

Land reform of Marcos- dealt only with the distribution of Land and success was measured by the
number of hectares that was distributed to the people
Cory Aquino- stated to distribute land and the number of hectares was bannered in the records of
accomplishments. Missing in the intent of the provision of the word “comprehensive”

Because land reform is not only the distribution of land but likewise, providing the ___ to develop the
land.

Land- not sufficient, because he got used to being a farm hand. You have to give him money to develop
the land. This aspect is the dismal failure of all the administrations that implemented land reform
including the present one.

Section 22. The state recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.

• The implementation of this policy is found principally in:

a) Sections 15 to 21, Article X; “Autonomous Region”
b) Section 5, Article XII; The State, subject to the provisions of this Constitution and national
development policies and programs, shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social, and cultural well-being.
c) Sec. 17, Article XIV. SECTION 17. The State shall recognize, respect, and protect the rights of
indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall
consider these rights in the formulation of national plans and policies.
d) Sec. 12, Article XVI. SECTION 12. The Congress may create a consultative body to advise the
President on policies affecting indigenous cultural communities, the majority of the members of which shall
come from such communities.

Section 23. The state shall encourage non-governmental, community based, or sectoral organizations
that promote the welfare of the nation.

-this provision recognizes the principle of volunteerism and participation of NGO’s in National
Development

It is related to the provisions on voluntary people's organizations found in Section 15 and 16,
Article XIII - Role of Peoples Organizations.
SECTION 15. The State shall respect the role of independent people’s organizations to enable the
people to pursue and protect, within the democratic framework, their legitimate and collective interests
and aspirations through peaceful and lawful means.

People’s organizations are bona fide associations of citizens with demonstrated capacity to promote the
public interest and with identifiable leadership, membership, and structure.

SECTION 16. The right of the people and their organizations to effective and reasonable participation at
all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law,
facilitate the establishment of adequate consultation mechanisms.

• Section 24. The state recognizes the vital role of communication and information in nation
building.

Related to Secs. 10 and 11 of Article XVI.

SECTION 10. The State shall provide the policy environment for the full development of Filipino
capability and the emergence of communication structures suitable to the needs and aspirations of the
nation and the balanced flow of information into, out of, and across the country, in accordance with a
policy that respects the freedom of speech and of the press.

SECTION 11. (1) The ownership and management of mass media shall be limited to citizens of the
Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such
citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest
so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

(2) The advertising industry is impressed with public interest, and shall be regulated by law for the
protection of consumers and the promotion of the general welfare.

Only Filipino citizens or corporations or associations at least seventy per centum of the capital of which is
owned by such citizens shall be allowed to engage in the advertising industry.

The participation of foreign investors in the governing body of entities in such industry shall be limited to
their proportionate share in the capital thereof, and all the executive and managing officers of such
entities must be citizens of the Philippines.

In PLDT v. NTC, 190 SCRA 717, -The Supreme Court Ruled that the state can order a private
development, a private telephone company to allow interconnections. About 3 decades ago, there
were only 2 telephone companies, GTS (Govt Telephone Service) and PLDT
PLDT- gobbled the gateway to communication (they had the monopoly)
PLDT- was ordered by the SC to provide for the interconnection of private telephones

That’s where other telco’s came in

-Rappler -see column

• `(See Oscar Franklin Tan, Phil Daily Inquirer,

January 22, 2018) Related to Sec 11 of Article 16

SECTION 11. (1) The ownership and management of mass media shall be limited to citizens of the
Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such
citizens.
The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest
so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.
(2) The advertising industry is impressed with public interest, and shall be regulated by law for the
protection of consumers and the promotion of the general welfare.

Only Filipino citizens or corporations or associations at least seventy per centum of the capital of which is
owned by such citizens shall be allowed to engage in the advertising industry.
The participation of foreign investors in the governing body of entities in such industry shall be limited to
their proportionate share in the capital thereof, and all the executive and managing officers of such
entities must be citizens of the Philippines.

In that commentary, he said that the constitution limits ownership and management of mass media to
Filipinos. PDR (Philippine Depositary Receipts) Raised capital by giving financial returns but not
ownership and management. Because under Sec 11 (see ownership)
PDR- given only PROFIT but no VOTING RIGHTS

Ex: rappler, ABS-CBN

PDRS- were interpreted as right of ownership because the holders of PDRs had the right to prevent
rappler from changing its articles of incorporation, or bylaws and others.
Instead of the owners (of PDR) only being entitled to profit he is now exercising rights of ownership.

• Section 25. The state shall ensure the autonomy of local governments.

-under the 1935 constitution, Local Governments were merely creations of the legislature.

-Local autonomy is mandated in the 1973 and 1987 constitution.

• It is related to Article X - Local Government. Decentralization of administration

Decentralization of power

-The purpose of Sec 2 Art 10 of the 1987 Constitution (SECTION 2. The territorial and political
subdivisions shall enjoy local autonomy.) is to give local autonomy to all local units. And Local
Autonomy which is more than just decentralization.
Decentralization of Administration- happens when the Central govt delegates administrative powers to
political subdivisions in order to broaden the base of political power. That is NOT real autonomy. That is
the autonomy that is being given to all local government units except the autonomous region.

Decentralization of Power – involves and abdication of political power in favor of local government
units declared to be autonomous.

• In Magtajas vs. Pryce Properties, 234 SCRA 255 (1994)

-It is a case where the govt of Cagayan De Oro contended that during its authority that under its
authority to prohibit gambling, the city could prevent PagCor from operating a casino in the city. It
appears that the autonomy under the 1987 Constitution is merely a decentralization of administration.
The court said that the ordinances should not contravene a statute which is the Creation of Pag Cor.
Municipal Governments are only agents of the National government.

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

• "As may be defined by law" – but there is NO law yet that defines political dynasties. There
were several attempts. Problem: how to define Political dynasty.

This is a new provision, It imposes an obligation to the state to guarantee equal access to public
office. The state is also commanded to prohibit political dynasties.

Sec 26- basis for the Term limitation of public officials (ex 3 years, 3 consecutive terms) so that
there will be more access to equal opportunities of public service.
-this is an attempt to give meaning to Section 26

• Do dynasties deter development? (See Habito Inquirer Aug 11, 2015.)

-Habito is an economist. He was trying to connect the existence of dynasties to non-development of a

particular area. The more there are dynasts, the lesser development there would be. -READ

• Section 27. The state shall maintain honesty and integrity in the public service and take positive
and effective measures against graft and corruption.

• Section 28. Subject to reasonable conditions prescribed by law, the state adopts and
implements a policy of full public disclosure of all its transactions involving public interest.
-basis for the filing of SALN’s.

Sec 28 and 29 are related to: Article 11 – Accountability of Public Officers

The policy of full disclosure annunciated(?) the sec 28 complements the right to access to
information on matters of public concern found in the Bill of Rights.