POLITICAL LAW REVIEW

(Notes and Cases)

By

Atty. GALLANT D. SORIANO, MNSA

Lt. Col. PN (M)
 Module 5

FUNDAMENTAL PRINCIPLES
AND
STATE POLICIES
 PREAMBLE

a. A clause at the beginning of a constitution;

DEFINITION b. explanatory of the reasons for its enactment;
(Black’s Law Dictionary)
c. and the objects sought to be accomplished

DEFINITION 1. expresses - ideals and aspirations of Filipino people; and

(Justice Isagani Cruz) 2. provides basis - for crafting provisions that will achieve its purposes.

1) not a governmental power;

NATURE 2) not a source of substantive rights;
3) does not impose duties.

1) indicates authors of the Constitution: “We the sovereign Filipino

People”

2) enumerates aims and aspirations of framers: “to build a just and

FUNCTIONS humane society, promote common good, etc.”;

3) serves as aid in the interpretation of text of the Constitution:

“preamble to the Constitution Act was cited by SC of Canada to
increase guarantees to judicial independence.”
FUNDAMENTAL PRINCIPLES
AND
STATE POLICIES
 PRINCIPLES AND STATE POLICIES

a) enunciates political creed of the nation;

PURPOSE b) guides legislature in enacting laws;
c) aids the Courts in its of exercise of judicial review.

a. 6 Principles - Sections 1 - 6
ARTICLE II b. 22 State Policies - Sections 7 - 28

Art. XIII:

Social Justice, Labor, Urban Land Reform and Housing, Health,

Women, Role and Rights of People’s Organizations, and Human
Other Rights;
General Principles Art. XIV:
and Policies
Education, Language, Science and Technology, Arts and Culture,
Sports;

Art. XV: Family

FUNDAMENTAL PRINCIPLES
(Sections 1 - 6, Art. II)
 SECTION 1 - REPUBLICANISM
Sec. 1, Art. II - The Philippines is a democratic and republican State.
BASIS Sovereignty resides in the people and all government authority emanates
from them.

1. establishes our republican form of government;

Purpose 2. manifests our aversion to autocratic rule or totalitarian regime.

Republican run by the people through their chosen representatives, who, in turn, are accountable
Government to the will of the people.

a. government of laws and not of men.

Manifestations b. rule of the majority. (plurality in elections)
c. accountability of public officials.
of d. bill of rights.
Republicanism e. proscription against passage of irrepealable laws.
f. separation of powers.

Villavicencio vs. Lukban

G.R. No. L-14639. Mar. 25, 1919

Illustrative Mayor Lukban’s act of deporting 171 women of ill-repute to Davao is void, there being no
Case showing that it had been authorized by law or even an ordinance. “Ours is a government
of laws and not of men.” His intention to suppress the social evil was commendable.
His methods were unlawful.
 SECTION 2 - INCORPORATION CLAUSE

1. renunciation of war - war of aggression;

2. incorporation clause - membership in

family of nations:

a) generally accepted principles of international law

3 ASPECTS
automatically forms part of the laws of member
OF SEC. 2 State;
b) pacta sunt servanda - agreements should be
observed in good faith.

3. amity with nations - friendly relations with

other States.
 PACTA SUNT SERVANDA

DEFINITION agreements should be observed in good faith.

a. a treaty is favored over municipal law pursuant

to the principle of pacta sunt servanda.

b. Hence, "every treaty in force is binding upon

PUBLIC
the parties to it and must be performed by
INTERNATIONAL
them in good faith.”
LAW
c. Further, a party to a treaty is not allowed to
"invoke the provisions of its internal law as
justification for its failure to perform a treaty."

1. exercise of police power

EXCEPTIONS 2. conflict with the Constitution
3. separation of powers
 EXCEPTIONS TO PACTA SUNT SERVANDA
Ichong vs. Hernandez, G.R. No. L-7995. May 31, 1957 - R.A.
1180 (Retail Trade Nationalization Act), which limits retail trade to
Filipino citizens, was passed in the valid exercise of police power, in
POLICE POWER the interest of national economic survival. Even supposing that the
law infringes upon the RP - China Treaty of Amity, the treaty may
never curtail or restrict the scope of the police power of the
State.

In Re Garcia, Aug. 15, 1961 - RP-Spain Treaty of Academic

Degrees and the Exercise of Professions could not have been
CONFLICT intended to modify the laws and regulations governing admission
WITH THE to the practice of law in the Philippines, for the reason that the
CONSTITUTION Executive Department may not encroach upon the constitutional
prerogative of the Supreme Court to promulgate rules for
admission to the practice of law in the Philippines.

Sec. of Justice vs. Lantion, G.R. No. 139465. Jan. 18, 2000 -
SEPARATION both statutes (P.D. 1069 - Prescribing the Procedure for the
Extradition of Persons Who Have Committed Crimes in a Foreign
OF POWERS Country) and treaties (RP-US Extradition Treaty) may be
invalidated if they are in conflict with the Constitution.
 SECTION 2 - INCORPORATION CLAUSE

Sec. 2, Art. II - The Philippines renounces war as an instrument of

national policy, adopts the generally accepted principles of
BASIS 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.

1. renunciation of war - war of aggression;

2. incorporation clause - membership in family of nations:

3 Aspects a) generally accepted principles of international law automatically forms part of the
laws of member State;
b) pacta sunt servanda - agreements should be observed in good faith.

3. amity with nations - friendly relations with other States.

1. exercise of police power - Ichong vs. Hernandez, G.R. No. L-7995. May 31, 1957
Jurisprudence on
2. conflict with the Constitution - In Re Garcia, Aug. 15, 1961
Exceptions to
Pacta Sunt Servanda
3. separation of powers - Sec. of Justice vs. Lantion, G.R. No. 139465. Jan. 18,
2000
 JURISPRUDENCE ON INCORPORATION CLAUSE
PRINCIPLES ILLUSTRATIVE CASES
Kuroda vs. Jalandoni, G.R. No. L-2662. Mar. 26, 1949 - The
Hague Convention (Land Warfare) embodied generally accepted
PROSECUTION OF principles of international law which is binding upon all States. Such
WAR CRIMINALS principles therefore form part of the law of our nation even if the
(Hague Convention)
Philippines was not a signatory to the conventions embodying
them.

Mijares vs. Ranada, G.R. No. 139325. Apr. 12, 2005 - While the
RECOGNITION AND definite conceptual parameters of the recognition and
ENFORCEMENT OF enforcement of foreign judgments have not been authoritatively
FOREIGN JUDGMENT established, such an undertaking is among those generally accepted
principles of international law.

Poe-Llamanzares vs. Comelec, G.R. No. 221697. Mar. 8, 2016

- That the Philippines is not a party to the 1930 Hague Convention
CITIZENSHIP OF nor to the 1961 Convention on the Reduction of Statelessness
FOUNDLINGS does not mean that their principles are not binding. Generally
(1939 Hague Convention)
(1961 UN Convention) accepted principles of international law, by virtue of the
incorporation clause of the Constitution, form part of the laws of
the land even if they do not derive from treaty obligations.
 SECTION 3 - CIVILIAN SUPREMACY

Sec. 3, Art. II - Civilian authority is, at all

times, supreme over the military. The Armed
Forces of the Philippines is the protector of
BASIS
the people and the State. Its goal is to secure
the sovereignty of the State and the integrity
of the national territory.

Art. VII, Sec. 18, Art. VII - The President

Correlation shall be the commander in chief of all armed
forces of the Philippines.

1) feature of republican system;

PURPOSE
2) emasculate and put a leash on the military.
 JURISPRUDENCE ON CIVILIAN SUPREMACY

Olaguer vs. Military Commission No. 34, G.R. No. L-54558. May 22, 198 -
Since we are not enemy-occupied territory nor are we under a military
government and even on the premise that martial law continues in force; the
military tribunals cannot try and exercise jurisdiction over civilians for civil
offenses committed by them which are properly cognizable by the civil courts that
have remained open and have been regularly functioning.

Alih vs. Castro, G.R. No. L-69401. June 23, 1987 - The military defied the
precept that "civilian authority is at all times supreme over the
military". They simply by-passed civil courts, which had authority to determine
whether or not there was probable cause to search the premises. Instead, they
proceeded to make the raid without a search warrant.

IBP vs. Zamora, G.R. No. 141284. Aug. 15, 2000 - The calling of the Marines
to assist the PNP in joint visibility patrols constitutes permissible use of military
assets for civilian law enforcement. 
 SECTION 4 - DEFENSE OF THE STATE
Sec. 4, Art. II - The prime duty of the government is to
serve and protect the people. The Government may call upon
BASIS 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.

Art. VII, Sec. 18, Art. VII - The Armed Forces of the
Philippines shall be composed of a citizen armed force which
Correlation shall undergo military training and serve, as may be provided
by law. It shall keep a regular force necessary for the security
of the State

REASON inherent right of every State to existence and self-preservation.

People vs. Lagman , G.R. No. L-45892. July 13, 1938 - National
Defense Law, in so far as it establishes compulsory military service,
does not go against this constitutional provision but is, on the
CASE contrary, in faithful compliance therewith. The duty of the
Government to defend the State cannot be performed except
through an army.
 SECTION 5 - GENERAL WELFARE CLAUSE

Sec. 5, Art. II - The maintenance of peace and

order, the protection of life, liberty, and
BASIS property, and the promotion of the general
welfare are essential for the enjoyment by all
the people of the blessings of democracy.

bare essentials under a democratic regime:

1. peace and order - civilized society;

Purpose 2. due process - life, liberty, and property;

3. equal protection - enjoyment by all the people;

4. police power - general welfare or common good

 SECTION 5 - GENERAL WELFARE CLAUSE

Sec. 5, Art. II - The maintenance of peace and

order, the protection of life, liberty, and property,
BASIS and the promotion of the general welfare are
essential for the enjoyment by all the people of the
blessings of democracy.

bare essentials under a democratic regime:

1. peace and order - civilized society;

Purpose 2. due process - life, liberty, and property;

3. equal protection - enjoyment by all the people;

4. police power - general welfare or common good

 SECTION 6 - SEPARATION OF CHURCH & STATE

Sec. 6, Art. II - The separation of Church and State

BASIS
shall be inviolable.

NON-ESTABLISHMENT CLAUSE:

Art. III, Sec. 5 - No law shall be made respecting an establishment of religion, or

prohibiting the free exercise thereof. The free 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.

Correlation NON-APPROPRIATION FOR SECTARIAN PURPOSES CLAUSE:

Art. VI, Sec. 29(2) - No public money or property shall be appropriated, applied,
paid, or employed, directly or indirectly for the use, benefit, or support of any sect,
church, denomination, sectarian institution, or system of religion, or of any priest,
preacher, minister, or other religious teacher, or dignitary as such, except when such
priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.

forestall union between the State and the Church which might lead to
Purpose abuse of power.
 SEPARATION OF CHURCH AND STATE

ESTABLISHMENT CLAUSE:

BASIS First Amendment, US Constitution - "Congress shall make no

law respecting an establishment of religion, or prohibiting the free
exercise thereof…"

a. prohibit the government from establishing a national

PURPOSE religion;
(of Establishment Clause)
b. prevent the persecution of religious minorities.

Jan. 1, 1802 letter by Thomas Jefferson, addressed to the

Danbury Baptist Association in Connecticut:

ORIGIN "I contemplate with sovereign reverence that act of the whole
(of the metaphor) American people which declared that their legislature should 'make
no law respecting an establishment of religion, or prohibiting the
free exercise thereof,' thus building a wall of separation
between Church & State."
 JURISPRUDENCE ON SEPARATION OF CHURCH & STATE

Aglipay vs. Ruiz

G.R. No. L-45459. Mar. 13, 1937

a) Act 4052 (appropriated public funds for printing of postage stamps commemorating the celebration in
Manila of International Eucharistic Congress in 1937, organized by the Catholic Church) contemplates
no religious purpose in view. Stamps were not issued and sold for the benefit of Catholic Church. Nor
were money derived from the sale of the stamps given to that church.

b) The officials concerned merely, took advantage of an event considered of international importance "to
give publicity to the Philippines and its people".

Garces vs. Estenzo

G.R. No. L-53487. May 25, 1981

a) The Barangay Resolution authorizing the fund raising (selling of tickets, solicitations, donations)
proceeds of which were used for the purchase of wooden image of San Vicente Ferrer, does not
directly or indirectly establish any religion, nor abridge religious liberty, nor appropriate public money or
property for the benefit of any sect, priest or clergyman.

b) The image was purchased with private funds, not with tax money.  
 JURISPRUDENCE ON SEPARATION OF CHURCH & STATE

Taruc vs. Bishop Dela Cruz

G.R. No. 044801. Mar. 10, 2005

a) The expulsion/excommunication of members of a religious institution/organization is a matter best

left to the discretion of the officials, and the laws and canons, of said institution/organization.

b) It is not for the courts to exercise control over church authorities in the performance of their
discretionary and official functions.  

Estrada vs. Escritor

A.M. P-02-1651. June 22, 2006

a) it is essential that the government be given an opportunity to demonstrate the compelling state
interest it seeks to uphold in opposing the Soledad Escritor’s position that her conjugal
arrangement is not immoral and punishable as it is within the scope of free exercise protection. 

b) The Court could not prohibit and punish her conduct where the Free Exercise Clause protects it,
since this would be an unconstitutional encroachment of her right to religious freedom. 
 STATE POLICIES
(Sections 7 - 28, Art. II)
 SECTION 7 - INDEPENDENT FOREIGN POLICY

Sec. 7, Art. II - The State shall pursue and

independent foreign policy. In its relations with
BASIS other state the paramount consideration shall be
national sovereignty, territorial integrity, national
interest, and the right to self determination.

a. take into account - specific international circumstances;

b. consider - national sovereignty, territorial integrity, national

Foreign Policy
Formulation interest, and the right to self determination.

c. adhere to - peace, equality, justice, freedom, cooperation,

and amity with all nations.

a. highlights our aversion to foreign dominion; AND

Purpose
b. emphasizes our guidelines in basic foreign policy formulation.
 SECTION 7 - INDEPENDENT FOREIGN POLICY

a. international agreements embodying adjustments of detail

carrying out well-established national policies and traditions
and those involving arrangements of a more or less
temporary nature;

b. cover such subjects as the inspection of vessels, navigation

EXECUTIVE
dues, income tax on shipping profits, the admission of civil air
AGREEMENTS craft, custom matters and commercial relations generally,
international claims, postal matters, the registration of
trademarks and copyrights, etc.

c. their validity and effectivity are not affected by a lack of Senate

concurrence

a. a formal agreement between two or more states in reference

to peace, alliance, commerce, or other international relations;
TREATIES
b. formal documents which require ratification with the approval
of two-thirds of the Senate.
 JURISPRUDENCE ON INDEPENDENT FOREIGN POLICY

Lim vs. Exec. Sec.

G.R. No. 151445. Apr. 11, 2002

a) Both the history and intent of the Mutual Defense Treaty and the VFA support the
conclusion that combat-related activities -as opposed to combat itself - such as the
one subject of the instant petition, are indeed authorized.

Saguisag vs. Exec. Sec.

G.R. No. 212426. Jan. 12, 2016

a) The power of the President to enter into binding executive agreements without
Senate concurrence is already well-established in this jurisdiction.

b) No court can tell the President to desist from choosing an executive agreement over
a treaty to embody an international agreement, unless the case falls squarely within
Article VIII, Section 25.
 SECTION 8 - NUCLEAR FREE PHILIPPINES

Sec. 8, Art. II - The Philippines,

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

a. establishment a nuclear free Philippines;

b. declaration to the whole world this policy;

Purpose
c. expression of anti-US sentiment.

d. self-imposed restriction to develop and

possess nuclear arms.
 SECTIONS 9 & 10 - SOCIAL SERVICES; SOCIAL JUSTICE

Sec. 9, Art. II - 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
BASIS
poverty through policies that provide adequate social
services, promote full employment, a rising standard of
living, and an improved quality of life.

Sec. 10, Art. II - The State shall promote social justice in all
BASIS
phases of national development.

a) Social justice means the promotion of the welfare of all the

people;
SOCIAL
b) adoption by the Government of measures calculated to insure
JUSTICE
economic stability of all the competent elements of society,

c) on the time-honored principle of salus populi est suprema lex.

 JURISPRUDENCE ON SOCIAL JUSTICE

Calalang vs. Williams

G.R. No. 47800. Dec. 2, 1940

a) social justice means the promotion of the welfare of all the people.

b) Promotion of social justice, is to be achieved not through a mistaken sympathy towards any given group.

Guido vs. Rural Progress Administration

G.R. No. L-2089. Oct. 31, 1949

a) social justice does not champion division of property or equality of economic status;

b) 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.

Almeda vs. CA
G.R. No L-43800. July 29, 1977

a) Property use must not only be for the benefit of the owner but of society as well.

b) The State, in the promotion of social justice, may "regulate the acquisition, ownership, use, enjoyment and
disposition of private property, and equitably diffuse property ... ownership and profits."
 JURISPRUDENCE ON SOCIAL JUSTICE

Ondoy vs. Ignacio

G.R. No. L-47178. May 16, 1980

a) As between a laborer, usually poor and unlettered, and the employer, who has resources to
secure able legal advice, the law has reason to demand from the latter stricter compliance.

b) Social justice in these cases is not equality but protection.

Salonga vs. Farrales

G.R. No. L-47088. July 10, 1981

a) Social justice cannot be invoked to trample on the rights of property owners who under our
Constitution and laws are also entitled to protection. The social justice consecrated in our
constitution was not intended to take away rights from a person and give them to another who
is not entitled thereto.

b) Evidently, the plea for social justice cannot nullify the law on obligations and contracts, and is,
therefore, beyond the power of the Court to gran.
 SECTION 11 - HUMAN RIGHTS

SEC. 11, Art. II - The State values the dignity of

BASIS every human person and guarantees for
respect for human rights.

Presidential Committee on Human Rights - created by Pres. Cory in 1986.

Evolution
Commission on Human Rights - established by the 1987 Constitution.

Art. XIII, Sec. 17, Constitution - There is hereby

created an independent office called the Commission on
Human Rights.

Correlation Art. XIII, Sec. 18, Constitution - The Commission on

Human Rights shall have the following powers and
functions: (1) Investigate, on its own or on complaint by
any party, all forms of human rights violations involving
civil and political rights…
 SECTION 11 - HUMAN RIGHTS

Sec. 11, Art. II - The State values the dignity

BASIS of every human person and guarantees for
respect for human rights.

Sec. 17, Art. XIII - There is hereby created an

independent office called the Commission on
Human Rights.

Correlation Sec. 18, Art, XIII - The Commission on

Human Rights shall have the following powers
and functions: (1) Investigate, on its own or on
complaint by any party, all forms of human rights
violations involving civil and political rights.
 JURISPRUDENCE ON HUMAN RIGHTS

Carino vs. CHR

G.R. No. 96681. Dec. 2, 1991

a) The Commission on Human Rights did not possess the power of adjudication, and
emphasized that its functions were primarily investigatory.

Sec. of National Defense vs. Manalo

G.R. No. 180906. Oct. 7, 2008

a. The production order under the Amparo Rule should not be confused with a
search warrant for law enforcement under Article III, Section 2 of the 1987
Constitution.

b. This Constitutional provision is a protection of the people from the

unreasonable intrusion of the government, not a protection of the government
from the demand of the people such as respondents.
 SECTION 12 - THE FAMILY

Sec. 12, Art. II - 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
BASIS 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.
 SECTION 12 - THE FAMILY

1. recognize sanctity of family life;

2. protect and strengthen the family;

State
Responsibilities 3. protect life of mother and life of
unborn;

4. support parents in the rearing of

the youth.
 JURISPRUDENCE ON THE FAMILY

Meyer vs. Nebraska

263 U.S. 393 (1923)

a) Legislature has attempted to interfere with the calling of modern language teachers, with
the opportunities of pupils to acquire knowledge, and with the power of parents to control
the education of their own.

Pierce vs. Society of Sisters

262 U.S. 390 (1925)

a) Children were not "the mere creatures of the state", and that the term liberty
“prevented the state from forcing students to accept instruction only from public
schools.

b) This responsibility belonged to the child's parents or guardians

 JURISPRUDENCE ON THE FAMILY

Virtouso vs. Municipal Judge

G.R. No. L-47841. Mar. 21, 1978

a) Virtouso is a seventeen-year old minor entitled to the protection and benefits

of the Child and Youth Welfare Code.

b) As such, he could be provisionally released on recognizance in the discretion

of a court.

DECS vs. San Diego

G.R. No. 89572 . Dec. 21, 1989

a) It is the right and indeed the responsibility of the State to insure that the medical
profession is not infiltrated by incompetents to whom patients may unwarily entrust
their lives and health.
 JURISPRUDENCE ON THE FAMILY

Imbong vs. Ochoa

G.R. No. 204829. Apr. 8, 2014

a) In general, the Court does not find the RH Law as unconstitutional insofar as it seeks to
provide access to medically-safe, non-abortifacient, effective, legal, affordable, and quality
reproductive healthcare services, methods, devices, and supplies.

b) RH Law does not sanction the taking away of life. It does not allow abortion in any shape
or form. It only seeks to enhance the population control program of the government by
providing information and making non-abortifacient contraceptives more readily available
to the public, especially to the poor.

Obergefell vs. Hodges

576 U.S. (2015), June 26, 2015

a) the fundamental right to marry is guaranteed to same-sex couples by both the Due Process
Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States
Constitution.
 SECTION 13 - ROLE OF THE YOUTH

Sec. 13, Art. II - The State recognizes the vital role of

the youth in nation-building, and shall promote and
BASIS 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.

a) to encourage the involvement and participation;

Purpose
b) of the youth sector in nation-building.

UN Convention on the Rights of Children - create avenue wherein youth

Correlation sector can participate in the affairs of government and the country as a
whole.

P.D. 684 (1975) - established the Kabataang Barangay (KB)

Laws on
Youth
R.A. 7160 (1991) - incorporated Sangguniang Kabataan (SK) in the Local
Participation
Government Code and abolished the KB.
 SECTION 13 - ROLE OF THE YOUTH

Sec. 9, Art. II - 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
BASIS
poverty through policies that provide adequate social
services, promote full employment, a rising standard of
living, and an improved quality of life.

Sec. 10, Art. II - The State shall promote social justice in all
BASIS
phases of national development.

a) Social justice means the promotion of the welfare of all the

people;
SOCIAL
b) adoption by the Government of measures calculated to insure
JUSTICE
economic stability of all the competent elements of society,

c) on the time-honored principle of salus populi est suprema lex.

 SECTION 14 - ROLE OF WOMEN

Sec. 14, Art. II - The State recognizes the role of women

BASIS in nation-building, and shall ensure the fundamental
equality before the law of women and men.

Sec. 14, Art. XIII - “The State shall protect working women
by providing safe and healthful working conditions, taking
into account their material functions, and such facilities and
Correlation opportunities that will enhance their welfare and enable
them to realize their full potential in the service of the
nation.”

PT & T vs. NLRC

G.R. No. 118978, May 23, 1997

Illustrative a) PT&T’s policy of not accepting or considering as disqualified from work any
Case woman worker who contracts marriage runs afoul of the test of, and the right
against, discrimination, afforded all women workers by our labor laws and by
no less than the Constitution. 
 SECTION 15 - RIGHT TO HEALTH

Sec. 15, Art. II - The State shall protect and

BASIS promote the right to health of the people and instill
health consciousness among them.

R.A. 9211 (Tobacco Regulation Act of 2013) July 14, 2014):

PURPOSES:

a. Promote a healthful environment;

b. Inform the public of health risks associated with smoking and tobacco use;
c. Regulate and subsequently ban all tobacco advertisements and sponsorships;
d. Regulate labeling of tobacco products;
Implementation
e. Protect the youth from being initiated to cigarette smoking and tobacco use by
prohibiting the sale of tobacco products to minors;

SALIENT FEATURES:

a) prohibits smoking in public places;

b) requires cigarette packs to be covered by graphic pictures and illustrations of
smoking hazards such as damaged lungs and throats.
 SECTION 16 - HEALTHFUL ECOLOGY
Sec. 16, Art. II - The State shall protect and advance
the right of the people to a balanced and healthful
BASIS
ecology in accord with the rhythm and harmony of
nature.

Oposa vs. Factoran

G.R. No. 101083, July 30, 1993

a) 44 minors, for their generation as well as for “generations yet unborn” had a valid cause
Illustrative of action in questioning grant of TLA pursuant to their right to a balanced and healthful
Case No. 1 ecology.

b) Their right to healthy environment carried with it obligation to preserve that environment
for succeeding generations.

LLDA vs. CA
G.R. No. 110120 March 16, 1994

a) The issuance of the cease and desist order by the LLDA is a proper exercise of its power and
Illustrative authority under its charter and its amendatory laws.
Case No. 2
b) The immediate response to the demands of "the necessities of protecting vital public
interests" gives vitality to the statement on ecology embodied in the Declaration of Principles
and State Policies or the 1987 Constitution.
 SECTION 17 - E.S.T.A.C.S.

Sec. 17, Art. II - The State shall give priority to

education, science and technology, arts, culture and
BASIS sports, to foster patriotism and nationalism,
accelerate social progress, and promote total human
liberation and development.

Sec. 5, Art. XIV - “The State shall give highest

Correlation
budgetary priority to education...”

Guingona vs. Carague

G.R. No. 94571, Apr. 22, 1991

a) Sec. 5 Art. XIV, which provides for the highest budgetary priority to education is
Illustrative merely directory;
Case
b) the hands of Congress cannot be so hamstrung as to deprive it of the power
to respond to the imperatives of national interest and the attainment of other
state policies and objectives.
 SECTION 18 - LABOR SECTOR

Sec. 18, Art. II - The State affirms labor as a

primary social economic force. It shall protect
BASIS
the rights of workers and promote their
welfare.

Sec. 3, Art. XIII - “The State shall afford full

protection to labor, local and overseas,
Correlation organized and unorganized, and promote full
employment and equality of employment
opportunities for all.”
 JURISPRUDENCE ON LABOR SECTOR

PASEI vs. Drilon

G.R. No. 81958, June 30, 1988

a) DOLE Department Order No. 1 which provided for the temporary suspension of
deployment of Filipino domestic and household workers is constitutional.

b) Protection to labor does not signify the promotion of employment alone. What
concerns the Constitution more paramountly is that such an employment be above
all, decent, just, and humane.”
Illustrative
Cases
DE VERA vs. NLRC
G.R. No. 93212, Nov. 22, 1990

a) DOLE Department Order No. 1 which provided for the temporary suspension of
deployment of Filipino domestic and household workers is constitutional.

b) Protection to labor does not signify the promotion of employment alone. What
concerns the Constitution more paramountly is that such an employment be above
all, decent, just, and humane.”
 SECTION 19 - SELF-RELIANT ECONOMY

Sec. 19, Art. II - The State affirms shall

develop a self-reliant and independent
BASIS
national economy effectively controlled by
Filipinos.

Sec. 13, Art. XII - “The State shall pursue a

trade policy that serves the general welfare
Correlation and utilizes all forms and arrangements of
exchange on the basis of equality and
reciprocity.”

a) the only global international organization dealing with the rules

World Trade of trade between nations;
Organization
(est. Jan. 1, 1995)
b) goal is to ensure that trade flows as smoothly, predictably and
freely as possible.
 JURISPRUDENCE ON SELF-RELIANT ECONOMY
Garcia vs. BOI
G.R. No. 92024, Nov. 9, 1990

Illustrative a) BOI committed a grave abuse of discretion in approving the transfer of the petrochemical
plant from Bataan to Batangas and authorizing the change of feedstock from naphtha
Case No. 1 only to naphtha and/or LPG for the main reason that the final say is in the investor all
other circumstances to the contrary notwithstanding. This is a repudiation of the
independent policy of the government expressed in numerous laws and the Constitution to
run its own affairs the way it deems best for the national interest.

Tanada vs. Angara

G.R. No. 118295, May 2, 1997

Illustrative a) WTO Agreement, which opens access to foreign markets through reduction of tariffs on its
Case No. 2 exports does not violate Sec. 19, Art. II, because said section should be read in relation to
Sec. 13 , Art. XII, which requires the pursuit of a trade policy that “serves the general
welfare and utilizes all forms and arrangements of exchange on the basis of equality and
reciprocity.”

Espina vs. Zamora

G.R. No. 143855, Sept. 21, 2010

Illustrative a) While Section 19, Article II of the 1987 Constitution requires the development of a self-
Case No. 3 reliant and independent national economy effectively controlled by Filipino entrepreneurs, it
does not impose a policy of Filipino monopoly of the economic environment. The objective
is simply to prohibit foreign powers or interests from maneuvering our economic policies
and ensure that Filipinos are given preference in all areas of development.
 SECTION 20 - ROLE OF PRIVATE SECTOR

Sec. 20, Art. II - The State recognizes the

indispensable role of the private sector,
BASIS
encourages private enterprise, and provides
incentives to needed investments.

a) part of the economy, sometimes referred to as the citizen sector;

b) which is run by private individuals or groups;

PRIVATE SECTOR
(defined) c) usually as a means of enterprise for profit;

d) and is not controlled by the State

a) major contributor to national income;

ROLE OF
b) principal job creator and employer;
PRIVATE SECTOR
c) delivers critical goods and services
 SECTION 21 - AGRARIAN REFORM

S e c . 2 1 , A r t . I I - T h e S t a t e s h a l l p ro m o t e
BASIS comprehensive rural development and agrarian reform.

Sec. 4, Art. XIII - The State shall, by law, undertake an

agrarian reform program founded on the right of farmers
Correlation and regular farm-workers, who are landless, to own directly
or collectively the lands they till or, in the case of other
farm-workers, to receive a just share of the fruits thereof..

R.A. 3844 (Agricultural Land Reform Code) enacted Aug. 8, 1963.

P.D. 27 promulgated Oct. 21, 1972 - provide for the compulsory acquisition of
private lands for distribution among tenant-farmers and to specify maximum retention
limits for landowners.

E.O. 228 issued July 17, 1987 - declaring full land ownership in favor of the
Implementation beneficiaries of P.D. No. 27 and providing for the valuation of still unvalued lands
covered by the decree as well as the manner of their payment.

Presidential Proclamation No. 131 issued July 22, 1987 - by instituting a

comprehensive agrarian reform program (CARP), and E.O. No. 229, providing the
mechanics for its implementation.

R.A. 6657 (Comprehensive Agrarian Reform Law of 1988) signed June 10, 1988
 JURISPRUDENCE ON AGRARIAN REFORM

Association of Small Landowners vs. Sec. of Agrarian Reform

G.R. No. 78742 July 14, 1989
Illustrative
Case No. 1 a) no less than the Constitution itself that has ordained this revolution in the farms, calling
for "a just distribution" among the farmers of lands that have heretofore been the prison
of their dreams but can now become the key at least to their deliverance.

Luz Farms vs. Sec. of Agrarian Reform

G.R. No. 86889. December 4, 1990
Illustrative
Case No. 2 a) lands devoted to livestock and poultry-raising are not included in the definition of
agricultural land.   Certain provisions of CARL insofar as they included livestock farms in
the coverage of agrarian reform are unconstitutional.

Hacienda Luisita inc. vs. Presidential Agrarian Reform Council

G.R. No. 171101, July 5, 2011
Illustrative
Case No. 3 a) Collective ownership is permitted in two (2) provisions of RA 6657. Its Sec. 29 allows
workers’ cooperatives or associations to collectively own the land, while the second
paragraph of Sec. 31 allows corporations or associations to own agricultural land with the
farmers becoming stockholders or members.
 SECTION 22 - INDIGENOUS PEOPLE

Sec. 22, Art. II - The State recognizes and

BASIS promotes the rights of indigenous cultural
communities within the framework of national
unity and development.”

Indigenous Peoples Rights Act

Implementation
R.A. 8371, Oct. 29, 1997)

a. Concept of Ancestral Lands/Domains;

Salient
b. Indigenous Concept of Ownership;
Features

c. Rights to Ancestral Domains.

 JURISPRUDENCE ON INDIGENOUS PEOPLE

CARINO vs. INSULAR GOVT.

212 US 449, Feb. 23, 1909

Illustrative a) Title by prescription against the crown existed under Spanish law in force
Case No. 1 in the Philippine Islands prior to their acquisition by the United States,
and one occupying land in the Province of Benguet for more than fifty
years before the Treaty of Paris is entitled to the continued possession
thereof.

CRUZ vs. SEC. of ENVIRONMENT

G.R. No. 135383, Dec. 6, 2000

a) a) Seven (7) voted to dismiss the petition - sustaining the validity of the
challenged provisions of R.A. 8371.
Illustrative
Case No. 2
b) Seven (7) voted to grant the petition -

c) Votes were (7 to 7) - majority was not obtained, the case was redeliberated
upon.  However, after redeliberation, the voting remained the same.  Pursuant
to Rules of Civil Procedure, the petition is DISMISSED.
 SECTION 23 - NON-GOVERNMENTAL ORGANIZATION

Sec. 23, Art. II - The State shall encourage non-

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

a) an organization that is neither a part of a government nor a

conventional for-profit business;
N.G.O
b) possess strong reputation for the delivery of basic services to the
urban and rural poor.

1) Philippines - 60,000
CENSUS
of 2) U.S.A. - 1.5 M
NGOs
3) India - 2M
SECTION 24 - ROLE OF COMMUNICATION &TECHNOLOGY

Sec. 24, Art. II - The State recognizes the vital

BASIS role of communication and information in
nation-building.

a) Nation Building - creating, moulding and reflecting public

opinion;
ROLE
OF
MEDIA b) Fourth Estate - segment of society that a wields significant
influence on society even though it is not a formally recognized
part of the political system.

“In any democratic country the media plays a vital role.”

Quote
Edmund Burke - British politician
 SECTION 25 - LOCAL AUTONOMY

Sec. 25, Art. II - The State shall ensure the

BASIS
autonomy of local governments.

a) Decentralization of Administration - when the central

government delegates administrative powers to political subdivisions in
order to broaden the base of government power and in the process to
Two kinds of
make local governments "more responsive and accountable.
Autonomy
b) Decentralization of Power - involves an abdication of political
power in the favor of local governments units declare to be autonomous.

unitary form of government:

a) national legislature is still the principal of local government units;

Limitations
b) autonomy is limited and confined within the extent allowed by the
central authority.
 JURISPRUDENCE ON LOCAL AUTONOMY

Limbona vs. Mangelin

G.R. No. 80391, Feb. 28, 1989

a) There is decentralization of administration when the central government delegates

Illustrative administrative powers to political subdivisions in order to broaden the base of government
Case No. 1 power and in the process to make local governments "more responsive and accountable.

b) Decentralization of power, on the other hand, involves an abdication of political power in the
favor of local governments units declare to be autonomous .

Basco vs. PAGCOR

G.R. No. 91649 May 14, 1991

Illustrative a) PD 1869 exempts PAGCOR from paying any "tax of any kind or form, income or otherwise,
Case No. 2 as well as fees, charges or levies of whatever nature, whether National or Local."

b) Local autonomy under the 1987 Constitution simply means "decentralization". It does not
make local governments sovereign within the state or an "imperium in imperio.”

Dadole vs. COA

G.R. No. 125350, Dec. 3, 2002

Illustrative a) Any directive by the President or his alter egos seeking to alter wisdom of judgment on local
Case No. 3 affairs of LGU is patent nullity because it violates the principle of local autonomy and
separation of powers of the executive and legislative departments in governing municipal
corporations.
 SECTION 26 - EQUAL ACCESS & POLITICAL DYNASTIES

Sec. 26, Art. II - The State shall guarantee equal

access of opportunities for public service, and
BASIS
prohibit political dynasties as may be defined by
law.

a) equal access of opportunities for public service;

2 Aspects
b) prohibit political dynasties.

Pamatong vs. Comelec

G.R. No. 161872, Apr. 13, 2004

a) This provision does not bestow a right to seek the Presidency. The provision is
Illustrative not intended to compel the State to enact positive measures that would
Case accommodate as many as possible into office. The privilege may be subjected
to limitations.

b) One such limitation is the provision of the Omnibus Election Code on nuisance
candidates.
 SECTION 27 - HONESTY & INTEGRITY

Sec. 27, Art. II - The State shall maintain honesty and

BASIS integrity in the public service and take positive and
effective measures against graft and corruption.

Sec.1, Art. XI, Constitution - Public office is a public trust.

Public officers and employees must, at all times, be
Correlation accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency; act with
patriotism and justice, and lead modest lives.

1) R.A. 6713 (Code of Conduct and Ethical Standards for Public Officials and
Implementation Employees), Feb. 20, 1989;
2) R.A. 6770 (Ombudsman Act of 1989), Nov. 17, 1989

Libanan vs. Sandiganbayan

G.R. No. 112386 June 14, 1994
Illustrative
Case a) Obviously, the suspension order cannot amount to a deprivation of property
without due process of law; Public office is "a public agency or trust.”
 SECTION 28 - FULL DISCLOSURE

Sec. 28, Art. II - Subject to reasonable conditions

prescribed by law, the State adopts and implements
BASIS
a policy of full disclosure of all its transactions
involving public interest.

Sec. 7, Art. III - The right of the people to

information on matters of public concern shall be
recognized. Access to official records, and to
Correlation documents, and papers pertaining to official acts,
(Right to Information) 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.
 AS TO POLICY OF FULL DISCLOSURE RIGHT TO INFORMATION

Sec. 7, Art. III, 1987 Constitution - The

Sec. 28, Art. II, 1987 Constitution -
Subject to reasonable conditions
prescribed by law, the State adopts and
BASIS
implements a policy of full disclosure of
all its transactions involving public
interest.”
right of the people to information on matters
of public concern shall be recognized. Access
to official records, and to documents, and
p a p e r s p e r t a i n i n g t o o f fi c i a l a c t s ,
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. “

SUBJECT transactions involving information on matters

MATTER public interest of public concern

RIGHTS OR
full disclosure access to information
OBLIGATION

a. official records;
b. documents, and papers pertaining to official acts,
COVERAGE transactions, or decisions;
c. government research data

reasonable conditions such limitations as may

LIMITATIONS prescribed by law be provided by law. “
 JURISPRUDENCE ON FULL DISCLOSURE

Legaspi vs. CSC,

G.R. No. L-72119 May 29, 1987
Illustrative
a) The civil service eligibility of a sanitarian being of public concern, and in the absence of
Case No. 1 express limitations under the law upon access to the register of civil service eligibles for
said position, the duty of the Commission to confirm or deny the civil service eligibility of
any person occupying the position becomes imperative. Mandamus, therefore lies.

Valmonte vs. Belmonte

G.R. No. 74930 February 13, 1989
Illustrative
a) Although citizens are afforded the right to information and, pursuant thereto, are entitled
Case No. 2 to "access to official records," the Constitution does not accord them a right to compel
custodians of official records to prepare lists, abstracts, summaries and the like in their
desire to acquire information on matters of public concern.

Aquino-Sarmiento vs. Morato

G.R. No. 112386 June 14, 1994

Illustrative a) MTRCB Chairman Morato’s refusal to allow MTRCB Board Member Carmen Aquino-
Case No. 3 Sarmiento to examine the board's records pertaining to the voting slips of individual
board members after review of the movies and television productions is violative of her
constitutional right of access to public records, specifically, Sec. 7, Art. III of the
Constitution.
END
 STUDY ON PHILIPPINE POLITICAL FAMILIES

PERIOD FOCUS OUTCOME POSITIONS

7 Presidents
2 Vice Presidents
1946-1963 169 FAMILIES 584 public officials
42 Senators
147 Representatives

House of Rep.
2007-2010 14th CONGRESS 75% of lawmakers
Senate
LIST OF COUNTRIES WITH NUCLEAR POWER PLANTS

U.S.A. JAPAN CHINA TAIWAN

100 48 28 6