Consti 1 – Principles and declaration under the Constitution

A state can enjoy immunity from suit from a mere fact that it’s a state, even without the
provisions provided by the constitution (’87 Const. Art. XVI Sec. 3)

Based not only on any formal conception or obsolete theory but on the logical and practical
grounds that there can be no legal right against the authority which makes the law on which
the right depends. (Logical and practical reason; state being the authority cannot be sued under
that same authority.) – Justice Holmes
Principle of sovereign equality of states also applies on the Doctrine of State Immunity (to do so
would unduly vex the peace of nations, par in parem non habet imperium); regardless of how
powerful the state is, all states are viewed equal from all other states.

Theories on Sovereign Immunity – granting immunity to internationally recognized groups.

Classical or Absolute Theory:
A sovereign cannot, without its consent, be made a respondent in the courts of another
sovereign.
Restrictive Theory:
The immunity of the sovereign is recognized only with the regard to the publics or acts
jure imperii of a State, but not with regard to private acts or jure gestionis.

The case of Holy See v Rosario falls under this theory because the selling of the land
constitutes public acts because it’s not done so for profit or gain.
Waiver of Immunity
The State may, if it so desires, divest itself of its sovereign immunity and thereby
voluntarily open itself to suit. Thus, the State may be sued if it gives its consent.
The consent may be given expressly or impliedly;
Express consent may be manifested through a general or special law
Implied when the State itself commences litigation or when it enters into a
contract.
Article II – Declaration of Principles and State Policies
The purpose is to emphasize and articulate the objectives and limitations of
governmental action in the pursuit of the general goals announced in the Preamble.

The Supreme Court has made it clear that most of the provisions are to be considered as
mere legislative guides, which absent enabling legislation, do not embody enforceable
constitutional rights.
Some provisions of the Constitution are self-executing and can be a source of
substantive right.
Preamble
Not a source of substantive right since its purpose is only to introduce, i.e. to walk
before the Constitution.
 It enumerates the primary aims and expresses the aspiration of the framers in drafting
the Constitution and is useful as an aid in the construction and interpretation of the
words of the Constitution.
Republicanism
Sec. 1 Art. 2 of ’87 Const. states that the Philippines is a democratic and republican
state. Sovereignty resides in the people and all government authority emanates from
them.

Democracy: a government of the people, by the people, for the people. Philippines’
democracy is structured as a Republican State; a representative government. The
essence is representation and renovation; the will of the people selects a corps of public
functionaries to run the government and serve for a limited period.
Defense of the State
“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.”
“To leave the organization of an army of the will of the citizens would be to this duty of
the Government excusable should there be no sufficient men who volunteer to enlist
therein.”
Section 3, Art. II – Civilian Authority
…at all times, supreme over the military. The AFP is the protector of the State. Its goal is
to secure the sovereignty of the State and the integrity of the national territory.
The presidency is civilian position, furnishing the civilian authority because even
the AFP is ruled by a civilian character.
The Incorporation Clause
Sec. 2 Art. II of Const. “The Philippines renounces war as an instrument of national
policy, adopts the general accepted principles of international law as part of the law of
the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and
amity with all nations.” (…renounces war as an instrument of national policy; the Ph
cannot declare war against nations but can defend the territory.)

Where there appears to be a conflict between international law and municipal law,
efforts should first be exerted to harmonize them, so as to give effect to both.
(legislation must be exerted to harmonize conflict between international law and
municipal law; SC held that municipal is first effective over other international laws)
Separation of Church and State
“the separation of the Church and State shall be inviolable.”
“no law shall be made respecting an establishment of religion or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil and political rights.”
The wall of separation between the Church and State is not a wall of hostility. The State
in fact recognizes the beneficent influence of religion in the enrichment of the nation’s
life. “In so far as it instills into the mind the purest principles of morality.” “The influence
of religion is deeply felt and highly appreciated.”