ARTICLE II:  Consti Authoritarianism is compatible with a republican state if the
Consti upon which the Executive bases his assumption of power is
DECLARATION OF PRINCIPLES AND
STATE POLICIES
Declaration of Principles and State Policies = statement of the basic
ideological principles and policies that underlie the Constitution.
The provisions shed light on the meaning of the other provisions of the
Constitution and they are a guide for all departments of the government in the
implementation of the Constitution.
 Principles = binding rules which must be observed in the conduct
of government (1-6)
o Not all 6 principles are self-executory
 Policies = guidelines for the orientation of the state (7-28)
 Some policies already anchor justiciable
rights.
 Kilosbayan v. Morato = read Sec 5, 12, 14,
and 17 as mere “guidelines” which do not
yet confer rights enforceable by courts but
recognized Section 16 as a right-conferring
provision because it speaks of “the right of
the people”
PRINCIPLES
Section 1. The Philippines is a democratic and republican
State. Sovereignty resides in the people and all government
authority emanates from them.
A state is a community of persons more or less numerous permanently
occupying a definite portion of territory independent of external control and
possessing an organized government to which a body of inhabitants render
habitual obedience.
Four requirements for a government:
•People
•Territory
•Sovereignty
•Government
State = legal concept / Nation = ethnic concept
 Legal Sovereignty = the supreme power to make law. Lodged in the
people
 Political Sovereignty = the sum total of all influences in a state, legal
and non-legal, which determine the course of law.
 A republican state implies a representative government while a
democratic state implies a direct democracy.
 Republican state = all government authority emanates from the people
and is exercised by representatives chosen by the people
 We are not only representative or republican, we also share aspects of
direct democracy such as INITATIVE AND REFERENDUM (Art VI,
Sec. 32)
 Sovereignty is the power to make legal decisions.
 All sovereignty resides in the people, and whatever power you have has
to be given to you.
 Sovereignty is defined by Jellinek as the supreme power to affect all
legal interests either by executive, legal, or judicial action.
Constitutional Authoritarianism = understood and practiced in the Marcos
regime under the 1973 Constitution was the presumption of the extraordinary
powers by the President INCLUDING LEGISLATIVE AND JUDICIAL and
even constituent powers, where such assumption is authorized bu the letter or
at least the SPIRIT OF LEGITIMATELY ENACTED CONSTITUTION.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos. 
a legitimate expression of the people’s will
 And if the executive who assumes power receives his office thru a
valid election by the people.
 Why? Because a republican state is nothing more than a state
where sovereignty resides in the people and where all government
authority emanates from the people.
Nature and functions of Government
 Government – that institution or aggregate of institutions by which
an independent society makes and carries out those rules of action
which are necessary to enable men to live in a social state
 Or which are imposed upon the people forming that society by
those who possess the power or authority of prescribing them
 3 great departments: LEGISLATIVE (6), EXECUTIVE (7),
JUDICIARY (8)
 2 function of Govt
o CONSTITUENT – compulsory
o MINISTRANT – constitute the very bonds of society
People v. Gozo
 Her house was constructed within the naval base leased to the
American armed forces. She seeks to emasculate our sovereign
rights by the assertion that we cannot exercise therein
administrative jurisdiction.
 Court ruled that the govt is merely gave consent to the US to
exercise jurisdiction in certain cases.
 Auto-limitation = a state if it chooses to may refrain from the
exercise of what otherwise is illimitable competence
 Allowing another power to participate in the exercise of
jurisdictional right over certain portions of its territory. IF IT
DOES SO, IT BY NO MEANS FOLLOWS THAT SUCH AREAS
BECOME IMPRESSED WITH AN ALIEN CHARACTER.
THEY RETAIN THEIR STATUS AS NATIVE SOIL. THEY
ARE STILL SUBJECT TO ITS AUTHORITY
 Philippines have NOT abdicated its sovereignty over the bases as
part of the Philippine territory or divested itself completely of
jurisdiction of such offenses committed therein.
 Bases = they are NOT and CANNOT be foreign territory
Doctrine: The Philippine government merely consents to a foreign state’s
jurisdiction in certain areas as a matter of comity, courtesy, or expediency.
The US has prior or preferential, but not exclusive jurisdiction, and the
Philippines does not divest itself of jurisdiction over offenses committed
inside the military bases. The bases are not foreign territory. Functions of
Government As defined in Bacani v. NACOCO, the functions of government
are classified into constituent and ministrant functions. Constituent Functions
The constituent functions of government are the compulsory functions of
government that constitute the very bonds of society.
As enumerated by Woodrow Wilson, they are:
1. The keeping of order and providing for the protection of persons
and property from violence and robbery.
2. The fixing of legal relations between man and wife and between
parents and children.
3. The regulation of the holding, transmission, and interchange of
property, and the determination its liabilities for debt or for crime
4. The determination of contract rights between individuals.
5. The definition and punisment of crime.
6. The administration of justice in civil cases.
7. The determination of the political duties, privileges, and relations
of citizens
8. Dealings of the state with foreign powers: the preservation of the
state from external danger or encroachment and the advancement
of its international interest.
It is opined that housing for the people and the compelling demands of social
justice now fall under the ambit of a government’s constituent functions.
Bacani v. NACOCO – issue was WON NACOCO was part of “government”
or not. Since NACOCO was a corporation with personality distinct from
government and could not therefore claim the privileges which flow from
sovereignty. When, however, government chooses to operate not thru a
1
government owned corporation but thru an incorporated agency, the What superficially appears to be a bewildering variety of applications of
distinction between constituent can be useful. constitutional democracy can be reduced to the following basic patterns:
• Direct government – the people, organized as the electorate, are
Ministrant Functions the preponderant power holder (Ancient Greek City-States)
Ministrant functions of the government are the optional functions that are • Assembly government – name for the pattern which the
intended for achieving a better life for the community. The principles for parliament as the representation of the people is the preponderant
determining whether or not the government shall exercise these functions are: power holder (China, former USSR)
 that a government should do for the public welfare those things o Legislative assembly holds undisputed supremacy over
that private capital would not naturally undertake all other state organs, subject only to the sovereign
 that a government should do those things which by its very nature electorate renewing it at regular intervals
it is better equipped to administer for the public welfare than any o Incompatible with bicameralism
private individual or group of individuals. o Chief of state – ceremonial
• Parliamentarism – where there exists an equilibrium between the
ACCFA v. CUGCO – Issue was the characterization of the functions of a independent power holders, parliament and government, and is
government agency charged with the implementation of the land reform attempted by the integration of the two. There are two widely
program. The function may not strictly be CONSTITUENT in the sense of divergent forms of this type, where the parliament is superior in
BACANI. But the compelling urgency with the Constitution speaks of political power to the cabinet (French model) or vice versa (British
SOCIAL JUSTICE does not leave any doubt that land reform is not an model).
optional but a CUMPOLSARY function of sovereignty. o 6 STRUCTURAL ELEMENTS COMMON TO
ALL PARLIAMENTARY GOVERNMENTS:
State, government, and administration  Members of the government are also
State is the corporate entity, government is the institution that implements the members of the parliament.
will of the State, and administration refers to the people running the  RATIONALE: So the Assembly
institution. can subject them to political
responsibility by making them
De facto government stand up in the midst and account
Judicial acts and proceedings of de facto governments remain good and valid for their conduct of office.
even after the liberation or reoccupation of the Philippines by the American  Government/Cabinet consists of the political
and Filipino forces. leaders of the majority party
 Pyramidal structure with the Prime Minister
Go Kim Chan v. Valdez Tan Keh as its apex and recognized leader
Doctrine There are three kinds of de facto governments. Is the government  PM exercises undisputed
established by the Japanese DE FACTO? supremacy over his ministerial
colleagues.
KINDS OF DE FACTO GOVERNMENT  Government remains in power so long as it
• First, is when the government de facto gets possession and commands the support of the majority of the
control of, or usurps, by force or by the voice of the majority, the members of the parliament
rightful legal government and maintains itself against the will of  Power is lost when majority
the latter. (Cromwell’s England) withdraws its support
• The second is a government established and maintained by  General elections change the
military forces who invade and occupy a territory of the enemy in majority structure of parliament
the course of war, and which is denominated a government of  Policy decision is shared by the government
paramount force (Japanese Occupation) and the parliament
• The third kind is that established as an independent government  It is in POLICY CONTROL that the crux of
by the inhabitants of a country who rise in insurrection against the the pattern of a parliamentary government
parent state (Southern Confederacy) lies
 Of the second kind, denominated as a government of  Dissolution and vote of non-
paramount force. confidence belong together like
piston and cylinder
Distinguishing Characteristics of a De Facto government: • Cabinet – prime minister and cabinet over the parliament
• Its existence is maintained by active military power within the o MAIN FEATURES:
territories and against the rightful authority of an established and
 Existence of 2 alternating parties possessing
lawful government
even chances in the long run becoming the
• While it exists it must necessarily be obeyed in civil matters by
majority party
private citizens, who by obedience rendered in submission to such
 Cabinet is relatively a small committee
force, do not become responsible as wrongdoers for those acts,
composed of leaders of the majority party
though not warranted by the laws of the rightful government.
 The official leader of the winning party is
the prime minister designate. Undisputed
Philippine Government promulgated during the Japanese years = DE FACTO
leader and superior of his cabinet whose
GOVERNMENT OF THE SECOND KIND
members he choose upon his discretion
 Policy decision is in the hands of PM and
The legislative and judicial acts of de facto government = VOID AB INITIO.
cabinet, the commons are granted only that
degree of participation in the policy
In Re: Letter of Associate Justice Puno
execution by legislation that the prevailing
political climate of public opinion demands
Synopsis With respect to the Aquino government of 1986, it can be said that
 Policy control is vested in both houses of the
the organization of Mrs. Aquino’s government was met by little resistance and
parliament and the electorate
her control of the state evidenced by the appointment of the Cabinet and other
 Majority of the parliament members = men
key officers of Cabinet officials, revamp of the Judiciary, and the Military
of intelligence, integrity, and experience.
signaled the point where the legal system in effect had ceased to be obeyed by
PARTY DICSIPLINE!
the Filipino people. REVOLUTIONARY.
• Presidential – If the independent power holders, government and
parliament, are kept separated but are constitutionally obligated to
C. Republic v. Sandiganbayan
corporate for the formation of the will of the state, interdependence
Issue: Legality of search and seizure after the 1987 constitution was
is achieved by coordination.
promulgated. Illegal search = against the bill of rights.
Marcos Dictatorship and Parliamentarism vs. Presidential Government
Patterns of Government

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.  2

The Marcos government was a presidential form of government. A
presidential form of government has these distinguishing features:
• separation of powers
• the preeminence of the President
First of all, Marcos inherited the powers of the President as defined in the
1935 Constitution. He was also superior to the Prime Minister by the fact that
he nominated the Prime Minister, approved the program of government to be
administered by the Prime Minister, terminated the term of the Prime Minister
if and when he nominates his successor, and could delegate powers to the
Prime Minister. He also had control over the ministries. Moreover, while there
was a closer relationship between the executive and legislative, thereby
manifesting some aspects of parliamentarism, there was a definite separation.
Separation from the Judiciary was also maintained.
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.
Renunciation of war
 The war that is renounced is an aggressive and not a defensive war.
 Congress = power to declare a state of war
Adoption of International law
 International law can only become part of municipal law through the
appropriate constitutional machinery, such as an act of parliament or
Congressional legislation.
 TRANSFORMATION and INCORPORATION
 Sec. 2 Art II accepts doctrine of incorporation. International law has the
same force as domestic law
 Cases of Mejoff v. Director of Prisons (alien of Russian descent who had
been detained. Invoked the Universal Declaration of Human Rights)
 AGUSTIN V. EDU – use of early warning devices. Court ruled that the
1968 Vienna Convention on Road Signs and Signals had been ratified
 Although the doctrine of incorporation tells us that public international
law carries the same weight as statutory law, when it comes to general
principles of international law, the ones that will be adopted by the
country are arrived at through jurispruidential development.
Adherence to policy of peace, freedom, amity
 Foreign policy = national interest
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.
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. The section is divided into two clauses, the Civilian Supremacy
clause and the Mark of Sovereignty clause.
• Civilian Supremacy - Civilian authority is, at all times, supreme
over the military.
• Mark of Sovereignty -The AFP is the protector of the people and
the state.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos. 
• “As politics get into the army, the army gets into politics”.
MARTIAL LAW.
• Armed forces = protector of the state
Mark of Sovereignty
The MoS clause is, in capsule form, the description of a soldier’s vocation.
The soldier is supposed to renounce political ambition because he finds
nobility and dignity and honor in being the guardian of the people and of the
integrity of the national territory of a legitimate government. This is not a
principle, which once articulated, creates the reality that it seeks to describe.
To keep the dream of civilian supremacy alive, two elements are needed: a
civilian government that is both legitimate and stable, and an armed force of
the highest professionalism.
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.
Compulsory military and civil service; protection of people and State
 Volunteer system – entrusting the sacred mission of defending the
country to men lacking in capacity who have proved failures in
other fields of activity (like in Korea)
 People v. Lagman – the accused was prosecuted for failing to
register for military service under the National Defense Act. Act is
NOT unconstitutional.
 People v. Manayo
Section 5. The maintenance of peace and order, the
protection of life, liberty, and property, and promotion of
the general welfare are essential for the enjoyment by all
the people of the blessings of democracy.
 Peace, order, and general welfare
 Padilla: provision recognized a hierarchy of rights – LIFE (1),
LIBERTY (2), PROPERTY (3)
Section 6. The separation of Church and State shall be
inviolable.  
 Article III, Section 5
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.
An Independent foreign policy
 Discussions on the future of the military bases in Subic and Clark
 Closest reference to military bases that a dominant majority in the
ConCom would allow in the body of the consti
Section 8. The Philippines, consistent with the national
interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.
3
  A policy of freedom from nuclear weapons
 2 questions: 1. What are banned by the provision 2. How absolute
is the ban?
 “not only possessing weapons but also NUCLEAR TESTS in our
territory as well as the use of our territory as dumping ground for
radioactive wastes (JPEPA?!)”
 Not a ban on the peaceful uses of nuclear energy
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.
 SOCIAL JUSTICE – equalization of economic, political, and
social opportunities with special emphasis on the duty of the state
to tilt the balance of social forces by favouring the disadvantaged
in life
 Common tao, PREFERENTIAL OPTION FOR THE POOR
 Tondo Medical Center Employees v. CA
o HEALTH SECTOR REFORM AGENDA (HSRA) =
Making free medicine and free medical services
inaccessible to economically disadvantaged principles
o Petitioners requests that HRSA declared VOID because
it counters to the aspiration and ideals of the Filipino
people as embodied in the Constitution
o “As a general rule, provisions of the constitution are
considered SELF-EXECUTING and do not require
future legislation for their enforcement. For if they are
not treated as self-executing, the mandate of the
fundamental law can be easily nullified by the inaction
of congress. However, some provisions have already
been categorically declared by this court as non-self
executing”
o TANADA V. ANGARA – “These principles in Art II
are NOT intended to be self-executing principles ready
for enforcement thru the courts. They are used by the
judiciary as aids or guides in the exercise of its power
of judicial review, and by the legislature in its
enactment of laws”
 NON-SELF EXECUTIN: 5 (church and
state), 9 (promote dynamic social order), 10
(social justice), 11 (dignity), 12 (sanctity of
family life), 15 (right of health), 18 (labor)
o BASCO V. PAGCOR – Sec 11 (dignity), 12 (sanctity
of family life) and 13 (youth) of Art II ARE NOT
SELF-EXECUTING PROVISIONS. These cannot give
rise to a cause of action in the courts. They do not
embody judicially enforceable consti rights
Section 11. The State values the dignity of every human
person and guarantees full respect for human rights.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos. 
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.
 “FAMILY” – a stable, heterosexual relationship
 Family is anterior to the state and is not a creature of the state
 It protects the family from the instrumentalization by the state
 2 points on the legal meaning and purpose of the protection that is
guaranteed for the unborn:
o 1. THIS IS NOT AN ASSERTION THAT THE
UNBORN IS A LEGAL PERSON
o THIS IS NOT AN ASSERTION THAT THE LIFE OF
THE UNBORN IS PLACED EXACTLY ON THE
LEVEL TO SAVE THE LIFE OF THE MOTHER
o When the life of the mother needs to be saved, the
unborn can be sacrificed but not merely when the
purpose is to save the mother from emotional suffering
o Roe v. Wade – liberalized abortion laws up to the 6 th
month of pregnancy by allowing abortion any time in
the first 6th months
o Roe was overturned by CASEY. 4th month with undue
burden test and will inform the parents and father
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.
 As to the education of children, the rights of the State and parents
are delineated, as the primary right belongs to the parents and
affirms the secondary and supportive role of the state.
 The State, as parens patriae, may step in when a natural parent
cannot or fails to cope with the duties of raising his or her children.
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.
 Fundamental equality between men and women before the law
 The provision is worded as not to dislocate the Civil Code and the
jurisprudence on the subject. What it does is to give impetus to the
removal, through statutes, of existing inequalities. The general idea
is for the law to ignore gender in determining rights and duties
Section 15. The State shall protect and promote the right
to health of the people and instill health consciousness
among them.
Section 16. The State shall protect and advance the right of
the people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature.
4
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. This
provision recognizes an enforceable right. This is illustrated in the following
cases.
Oposa v. Factoran
 The subject matter of the complaint is the general interest of all
citizens of the Philippines. The petitioner minors assert that they
represent their generation and the generations yet unknown. Their
personality to sue in behalf of succeeding generations is based on
the concept of intergenerational responsibility. Every generation
has a responsibility to the next to preserve the rhythm and harmony
for the full enjoyment of a balanced ecology.
 Intergenerational responsibility and justice
 Minors: 1) cancel all existing timber license agreements in the
country and 2) cease and desist from receiving, accepting,
renewing, or approving new timber license agreements
Laguna Lake Development Authority v. Court of Appeals
 Some residents near the dumpsite in Caloocan were concerned
about pollution. The LLDA issued a cease and desist order because
of its harmful effects on the residents and the possible pollution to
the receiving streams. The Court upheld the LLDA ruling.
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 does not mean that the government is not free to balance the demands of
education against other competing and urgent demands.
Section 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
promote their welfare.
This means that the human factor has primacy over the non-human factor in
production.
Section 19. The State shall develop a self-reliant and
independent national economy effectively controlled by
Filipinos.
 This is a guide for interpreting provisions on the national economy
and patrimony
 Any doubt must be resolved in favour of self-reliance and
independence in favour of Filipinos
Garcia vs Board of Investments
 Transfer of the petrochemical plant in Bataan to Batangas
 Taiwanese want to transfer the site to Batangas because of
employment issues.
 Issue: WON the foreign investor has the right of final choice of
plant site
 BOI committed a grave abuse of discretion in approving the
transfer of the petrochemical plant from Bataan to Batangas and
authoring change of feedstock from naptha oly naptha and LPG for
the main reason that the final say is in the investor all other
circumstances to the contrary notwithstanding
 Consti = NATIONAL INTEREST
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos. 
 Other case: Manila Prince Hotel
Section 20. The State recognizes the indispensable role of
the private sector, encourages private enterprise, and
provides incentives to needed investments.
 MARINE RADIO COMMUNICATIONS ASSOCIATION V.
REYES – “Article II, Section 20 is no more than an
acknowledgement of the importance of private initiative in
building the nation. However, it is not a call for official abdication
of duty to citizenry”
Section 21. The State shall promote comprehensive rural
development and agrarian reform.
Comprehensive rural development also includes: 1. Social 2. Economic 3.
Human 4. Cultural 5. Political and 6. Industrial development
Section 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of
national unity and development.
 Indigenous and cultural communities are discussed under National
Economy and Patrimony (XII) and LG (X)
Section 23. The State shall encourage non-governmental,
community-based, or sectoral organizations that promote
the welfare of the nation.
Section 24. The State recognizes the vital role of
communication and information in nation-building.
*The 1986 Constitutional Commission refused to impose a “social
responsibility” on media
imposing such a duty will open the door for the state to require media to
follow a certain line
*Note: Article XVI Sec. 10-11
Art. XVI Sec. 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 a accordance with a policy that respects FREEDOM OF
SPEECH.
Communication Policy-includes within its scope COMMERCIAL
TELECOMMUNICATIONS, MASS MEDIA, and ADVERTISING. This
section is concerned with the AVAILABILITY and REACH of
communication facilities.
The State may exercise its authority TO MAINTAIN a PROPER
COMMUNICATION ENVIRONMENT by ordering a PRIVATE telephone
company to allow interconnection.
e.g. Philippine Long Distance Co. vs. National Telecommunications
Commissions:
The Court: The interconnection which has been required of PLDT is a form of
intervention with property rights...The decisive considerations are PUBLIC
NEED, PUBLIC INTEREST and the COMMON GOOD...To these PUBLIC
and NATIONAL INTERESTS, PUBLIC UTILITY COMPANIES must bow
and yield.
Art. XVI Sec. 11. (1) The OWNERSHIP and MANAGEMENT of MASS
MEDIA shall be limited to CITIZENS of the PHILIPPINES, or to
5
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.
(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.
*The Consti. Commission did not succeed in formulating a definition of
MONOPOLIES
MASS MEDIA-includes radio, television, and the printed media. It does not
include commercial telecommunications, which are governed as public
utilities, nor the advertising industry.
PUBLIC UTILITY-a utility corporation which renders service to the general
public for COMPENSATION. Its service is not confined to privileged
individuals but is OPEN TO AN INDEFINITE PUBLIC. It is a business or
service engaged in regularly supplying the public with some commodity or
service of PUBLIC CONSEQUENCE (Iloilo Ice and Cold Storage Co. v.
Public Utility Board, Art. XII Sec. 11).
Section 25. The State shall ensure the autonomy of local
governments.
*Note: Article X Sec. 1-3
Art. X Sec. 1. The TERRITORIAL and POLITICAL SUBDIVISIONS of
the Republic of the Philippines are the PROVINCES, CITIES,
MUNICIPALITIES, and BARANGAYS. There shall be AUTONOMOUS
REGIONS in MUSLIM MINDANAO and THE CORDILLERAS as herein
after provided.
PROVINCES, CITIES, MUNICIPALITIES, and BARANGAYS-fixed as the
standard TERRITORIAL and POLITICAL SUBDIVISIONS of the
Philippines
AUTONOMOUS REGION-a BODY CORPORATE consisting of provinces,
cities, and municipalities. Creation of other autonomous regions can only be
accomplished by CONSTITUTIONAL AMENDMENT.
The right of PROVINCES, CITIES, MUNICIPALITIES, BARANGAYS,
and AUTONOMOUS REGIONS to exist as the TERRITORIAL and
POLITICAL SUBDIVISIONS of the state is no longer just a STATUTORY
RIGHT but a CONSTITUTIONAL RIGHT.
Salient Criteria for AUTONOMY:
(1) AUTONOMY should be compatible with NATIONAL GOALS
(2) AUTONOMY should ensure WIDEST PARTICIPATION and
INITIATIVE to the local government unit
(3) AUTONOMY should assure the development of SELF-RELIANT
communities
LOCAL GOVERNMENT-a POLITICAL SUBDIVISION of a nation or a
state which is CONSTITUTED BY LAW and has SUBSTANTIAL
CONTROL of LOCAL AFFAIRS.
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Unitary System of the Philippines: LOCAL GOVERNMENT can only be
an infra-sovereign subdivision of ONE SOVEREIGN NATION.
It cannot be an imperium in imperio but only:
(1) a measure of autonomy
(2) decentralization of the FUNCTIONS of GOVERNMENT
Art. X Sec. 2. The TERRITORIAL and POLITICAL SUBDIVISIONS shall
enjoy LOCAL AUTONOMY.
Local Autonomy-means more than just decentralization:
Decentralization of ADMINISTRATION-when the CENTRAL
GOVERNMENT delegates ADMINISTRATIVE powers to political
subdivisions in order to:
(1) broaden the base of government power making local governments more
RESPONSIVE and ACCOUNTABLE
(2) ensure their fullest development as SELF-RELIANT communities
(3) make them more effective PARTNERS in the pursuit of NATIONAL
DEV’T. and PROGRESS
(4) relieves THE CENTRAL GOVERNMENT the burden of managing
LOCAL AFFAIRS, enabling it to focus on NATIONAL CONCERNS
Decentralization of POWER-involves an abdication of POLITICAL POWER
in favour of LOCAL GOVERNMENT UNITS declared to be
AUTONOMOUS. The AUTONOMOUS GOVERNMENT becomes
accountable not to the CENTRAL AUTHORITIES but to ITS
CONSTITUENCY.
*The meaning of LOCAL AUTONOMY under the 1987 Constitution,
HOWEVER, was effectively thrown down to the LEVEL OF AUTONOMY
under the 1935 Constitution.
e.g. Magtajas v. Pryce Properties: GOV’T OF CAGAYAN DE ORO CITY
contended that it could prevent the PAGCOR from operating a casino in the
city, under its authority to prohibit gambling. PAGCOR, however, had
authority under P.D. No. 1869 to CENTRALIZE and REGULATE all games
of chance under territorial jurisdiction of the Philippines.
THE COURT ruled that: CDO City could not curtail PAGCOR’S authority.
Municipal governments are ONLY AGENTS of the national government.
Municipal corporations owe to, and derive their powers and rights wholly
from the LEGISLATURE.
Lina, Jr. v. Pano: an attempt by the provincial government to PROHIBIT
LOTTO. THE COURT ruled: The provincial government may not prohibit
lotto.
*Commision on Audit MAY NOT reduce the allowance given to JUDGES by
LOCAL GOVERNMENTS, as the LOCAL GOVERNMENT CODE
authorizes LOCAL GOVERNMENTS to give allowance to judges and decide
how much this should be.
San Juan v. Civil Service Commission:
Facts: By E.O. No. 112, authority to appoint a Provincial Budget Officer
(PBO) had been given to the SECRETARY OF BUDGET MANAGEMENT
upon RECOMMENDATION of the LOCAL EXECUTIVE concerned. The
person recommended by the PROVINCIAL GOVERNOR, however, did not
possess the necessary qualifications. Hence, the c appointed somebody else of
his own choice.
Issue: The authority to appoint a PBO.
Held: THE COURT rules that if the recommendee of the PROVINCIAL
GOVERNOR is not qualified, the SECRETARY OF BUDGET
MANAGEMENT must ask for new recommendees with the necessary
eligibility.
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San Juan was aware that there are factors about life in a local community
about which the CENTRAL GOVERNMENT is NOT the best judge. THE
COURT: “More important is the proper administration of FISCAL AFFAIRS
at the LOCAL LEVEL”.
Laguna Lake Dev’t. Authority v. Court of Appeals
Facts: The Task Force Camarin Dumpsite filed a complaint with the Laguna
Lake Dev’t. Authority (LLDA) seeking to stop the operation of the garbage
dumpsite in Tala Estate, Brngy. Camarin, Caloocan City due to its harmful
effects on the health of the residents and the possibility of pollution of the
water content of the surrounding area. The LLDA found out that the City
Government was not able to secure an Environmental Compliance Certificate
(ECC) from the Environmental Management Bureau (EMB) before
maintaining an open dumpsite. The LLDA issued a CEASE and DESIST
ORDER ordering the City Government of Caloocan to stop dumping garbage
at the Camarin Dumpsite. Less than a year later, the dumping operation was
resumed after a meeting among the City Government of Caloocan. The LLDA
then issued another order reiterating the CEASE AND DESIST ORDER
previously issued. The City Government filed with the RTC DECLARATION
OF NULLITY of the CEASE AND DESIST ORDER.
Issue: Which agency can lawfully exercise jurisdiction over the matter?
Held: The Supreme Court denied to the municipalities around Laguna Lake
and here, the City Government of Caloocan, the power to authorize the
construction or dismantling of fishpens, fish enclosures, and the like (in this
case a garbage dumpsite) in Laguna Lake. The COURT ruled that the
SPECIFIC POWER of the LLDA must prevail over the GENERAL POWER
of LOCAL GOVERNMENTS.
The issuance of the CEASE AND DESIST ORDER by the LLDA is a
proper exercise of its power and authority under its charter and amendatory
laws. This charter of LLDA, R.A. 4850 have provided the power to institute
“necessary legal proceeding against any person who shall commence to
implement or continue implementation of any project, plan or program
WITHIN THE LAGUNA DE BAY REGION without previous clearance
from the LLDA.” In addition, E.O. 927 series of 1983 confers on the LLDA
the power “to make, alter or modify orders requiring the discontinuance of
pollution.”
Art. X Sec. 3. THE CONGRESS shall enact a LOCAL GOVERNMENT
CODE which shall provide for a more RESPONSIVE and ACCOUNTABLE
local government structure instituted through a SYSTEM OF
DECENTRALIZATION with effective mechanism of RECALL,
INITIATIVE, and REFERENDUM, ALLOCATE among the different local
government units their powers, responsibilities, and resources, and provide for
the QUALIFICATIONS, ELECTION, APPOINTMENT AND REMOVAL,
TERM, SALARIES, POWERS AND FUNCTIONS AND DUTIES OF
LOCAL OFFICIALS, and all other matters relating to the organization and
operation of the local units.
INITIATIVE AND REFERENDUM-the legal process whereby the registered
voters of a LOCAL GOVERNMENT UNIT may DIRECTLY propose, enact,
or amend any ordinance.
The COURT has ruled that, even as worded, the statute authorizes
INITIATIVE AND REFRENDUM not just on ordinances BUT ALSO ON
RESOLUTIONS
RECALL-as an instrument for effecting official accountability, is a DEVICE
or PROCEDURE by which a public official’s tenure may be terminated by
POPULAR VOTE. It may be applied to both ELECTIVE and APPOINTIVE
officials.
e.g. Garcia v. Commission on Elections-
Facts: The 1991 Local Government Code authorized PROVINCES, CITIES,
LEGISLATIVE DISTRICTS AND MUNICIPALITIES to have a
PREPARATORY RECALL ASSEMBLY authorized to initiate the recall of
an elective official. Governor Garcia contended that such a right includes the
SOLE AND EXCLUSIVE RIGHT to decide on whether to INITIATE a
recall proceeding or not.
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Issue: Whether the Local Government Code also authorizes local government
units to have a sole and exclusive right to decide on whether there should be a
recall proceeding or not.
Held: The COURT did not agree with Governor Garcia and stated that the
CONGRESS has made its choice as called for by the constitution and it is not
the prerogative of this court to supplant this judgement. There is nothing in
the CONSTITUTION that will remotely suggest that the people have the “sole
and exclusive right to decide on whether to initiate a recall proceeding.”
CONGRESS was not straight jacketed to one particular mechanism of
initiating recall elections and was given the POWER TO CHOOSE the
effective mechanism of recall AT ITS DISCERNMENT. It is the
LEGISLATIVE that determines the necessity, adequacy, wisdom and
expediency of law.
Principal Guidelines given to CONGRESS for structuring LOCAL
GOVERNMENT UNITS:
(1) The structure must be RESPONSIVE and ACCOUNTABLE
(2) It must be instituted through a SYSTEM OF DECENTRALIZATION
Section 26. The State shall guarantee equal access to
opportunities for public service and prohibit political
dynasties as may be defined by law.
*The establishment of political dynasties is an effective way of
MONOPILIZING and PERPETUATING power. BUT the argument that the
ELECTORATE should be LEFT FREE TO DECIDE is not without
VALIDITY.
*The meaning of POLITICAL DYNASTIES has been left for CONGRESS to
define:
DEAN BAU: POLITICAL DYNASTIES still has no definition to date. The
question is “are the principles CORRECT and can they be
IMPLEMENTED?”
A. Pamatong v. Comelec – article is not self-executing
Facts: PETITIONER Rev. Ely Pamatong filed his Certificate of Candidacy.
The COMELEC refused to give due course to the PETITIONER’S Certificate
of Candidacy. PETITIONER sought to reverse the resolutions which were
allegedly rendered in violation of his right to “equal access to opportunities
for public service” under Sec. 26, Art. II.
Issue: Whether denial of PETITIONER to run for the presidency violative of
his right to “equal access to opportunities for public service” under Sec. 26,
Art. II.
Held: No. The provision is not intended to compel the state to enact positive
measures that would accommodate AS MANY PEOPLE AS POSSIBLE into
public office.
There is no CONSTITUTIONAL RIGHT to run for or hold public office.
What is recognized is merely a privilege subject to LIMITATIONS imposed
by law. Some valid limitations specifically on the privilege to seek elective
office are found in the provisions of the OMNIBUS ELECTION CODE on
“NUISANCE CANDIDATES” and COMELEC Resolution No. 6452,
wherein the COMELEC may motu proprio refuse to give due course to or
cancel a Certificate of Candidacy.
Section 27. The State shall maintain honesty and integrity
in the public service and take positive and effective
measures against graft and corruption.
*NOTE: Article XI
Art. XI Sec. 1. PUBLIC OFFICE is a PUBLIC TRUST. Public officers and
employees must at all times be ACCOUNTABLE to the people, serve them
with utmost RESPONSIBILITY, INTEGRITY, LOYALTY, AND
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EFFICIENCY, act with PATRIOTISM and JUSTICE, and lead MODEST
lives.
The provisions of Art. XI are designed to exact ACCOUNTABILITY from
public officers
Art. XI Sec. 2. The PRESIDENT, THE VICE-PRESIDENT, THE
MEMBERS OF THE SUPREME COURT, THE MEMBERS OF THE
CONSTITUTIONAL COMMISSIONS, AND THE OMBUDSMAN may be
removed from office, ON IMPEACHMENT for, and CONVICTION OF,
CULPABLE VIOLATION OF THE CONSTITUTION, TREASON,
BRIBERY, GRAFT and CORRUPTION, OTHER HIGH CRIMES, or
BETRAYAL OF PUBLIC TRUST. All other public officers and employees
may be removed from office as provided by law, but NOT BY
IMPEACHMENT.
The 2 exceptions of JUDICIAL INDEPENDENCE:
(1) power of the COMELEC and of the ELECTORAL TRIBUNALS to be
judges of ELECTIONS CONTESTS
(2) power of IMPEACHMENT of CONGRESS, the exercise of which is an
act of POLITICAL JUSTICE**
IMPEACHMENT PROCESS-The RIGHT to be removed ONLY BY
IMPEACHMENT is the Constitutions strongest guarantee of SECURITY OF
TENURE. The guarantee effectively blocks the use of other legal ways of
ousting an officer.
 makes the president immune from LEGAL ACTION
 but at the same time REMOVABLE in extreme cases
e.g. In re Gonzales-the suggestion that a Supreme Court justice may be
subjected to disbarment proceedings was dismissed by THE COURT: “A
public officer...who may be removed from office only by impeachment,
cannot be charged with disbarment during the incumbency of such public
officer”.
The object of the process is NOT TO PUNISH but ONLY TO REMOVE a
person from office
REMOVAL and DISQUALIFICATION are the only punishments that can
be imposed upon conviction on impeachment. CRIMINAL and CIVIL
LIABILITY can follow AFTER the officer has been removed by
IMPEACHMENT.
Art. XI Sec. 4. The present ANTI-GRAFT COURT known as the
SANDIGANBAYAN shall continue to function and exercise its jurisdiction
as now or hereafter may be provided by law.
*The SANDIGANBAYAN-shall have the jurisdiction over CRIMINAL and
CIVIL cases involving GRAFT and CORRUPT practices.
Art. XI Sec. 15. The RIGHT OF THE STATE to RECOVER PROPERTIES
unlawfully acquired by PUBLIC OFFICIALS of EMPLOYEES, from them or
from their nominees or transferees, shall not be barred by PRESCRIPTION,
LACHES, OR ESTOPPEL.
PRESCRIPTION-A method of acquiring or extinguishing rights through the
inaction of the legal owner
LACHES-A legal doctrine whereby those who take too long to assert a legal
right, lose their entitlement to a right or compensation.
ESTOPPEL-A bar preventing one from making an allegation or a denial that
contradicts what one has previously stated as the truth.
R.A. 1379 Sec. 11: “The laws concerning acquisitive prescription and
limitation of actions CANNOT BE INVOKED by, nor shall they benefit the
RESPONDENT in respect of any property UNLAWFULLY ACQUIRED by
him”.
Art. XI Sec. 16. No LOAN, GUARANTY, or other form of FINANCIAL
ACCOMMODATION for any business purpose may be granted, DIRECTLY
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or INDIRECTLY, by any GOVERNMENT-OWNED or CONTROLLED
bank or financial institution to the PRESIDENT, THE VICE-PRESIDENT,
THE MEMBERS OF THE CABINET, THE CONGRESS, THE SUPREME
COURT, AND THE CONSTITUTIONAL COMMISSIONS, THE
OMBUDSMAN, or to any firm or entity in which they have controlling
interest, during their tenure.
Includes only those of HIGH RANK
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.
Art. III Sec. 7. The right of the people to information on matters of PUBLIC
CONCERN shall be recognized. Access to OFFICIAL RECORDS, and to
DOCUMENTS, and PAPERS pertaining to OFFICIAL ACTS,
TRANSACTIONS, or DECISIONS, as well as to GOVERNMENT
RESEARCH DATA used as basis for policy development, shall be afforded
the citizen, subject to such LIMITATIONS as may be provided by law.
e.g. Subido v. Ozaeta (Pre-1973 Case):
Facts: The press wanted to examine the records of the Register of Deeds.
Issue: Whether the press, and for that matter, the public had a
CONSTITUTIONAL RIGHT to demand the examination of PUBLIC LAND
records.
Held: The press had a STATUTORY RIGHT to examine the records of the
Register of Deeds because the interest of the press was REAL and
ADEQUATE.
Note: However, THE COURT said: We do not believe that the
CONSTITUTIONAL RIGHT to FREEDOM OF SPEECH is in any way
involved (in this case). Freedom of information and freedom to obtain
information for publication is NOT GUARANTEED by the constitution.
1973 Constitution: Went beyond the Subido case: recognized the right of
access to public documents and records as a SELF-EXECUTORY
CONSTITUTIONAL RIGHT. Preserved by the 1987 Consti with the addition
of “government research data” as a reaction to the government practice during
the Marcos regime of withholding such data from the public.
Also determined in Chavez is the extent to which the public has a right to
information about the efforts of government through the PCGG to recover
ILLEGALLY OBTAINED WEALTH. THE COURT: It is incumbent upon
the PCGG to disclose sufficient public information...such information, though,
must pertain to DEFINITE PROPOSITIONS...not to communications during
the stage when common assertions are still IN THE PROCESS of being
formulated.
Gonzales v. Narvasa: Issue: Whether the Executive Secretary, upon petition
of a citizen, may be ordered to give access to the names of executive officials
holding multiple positions in government, copies of their appointments, and
the list of the recipients of luxury vehicles seized by the BOC. Held: THE
COURT: The information is of public concern BUT called attention to the
limitations on the right found in R.A. No. 6713 the “Code of Conduct and
Ethical Standards for Public Officials and Employees”, which provides that in
the performance of their duties, all public officials and employees are obliged
to respond to letters sent by the PUBLIC within 15 working days...
Lantaco, Sr. v. Llamas: THE COURT: While the public officers in custody
or control of public records have the discretion to REGULATE, such
discretion does not carry with it the AUTHORITY TO PROHIBIT access,
inspection, examination or copying.
GSIS: In granting loans, exercises a PROPRIETARY FUNCTION does not
justify the exclusion of the transactions from the coverage and scope of the
RIGHT TO INFORMATION. As a government institution, it may be
compelled to show documents evidencing BEHEST LOANS even if they are
proprietary in nature.
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COMELEC: The refusal of the COMELEC to reveal the names of the
nominees for party-list seats violates the right of the people to information on
matters of PUBLIC CONCERN.

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