ARTICLE II:

PRINCIPLES AND POLICIES

UNDER THE 1987 CONSTITUTION

A PRESENTATION BY GROUP 2

ALBURO, A. DINSAY, J. LANGUITA, S. BACOLOD, B. JAVAGAT, I. DAYO, D.

LONGCOB, J. SANGRE, C. MANLAPAZ, J. SOLON, D. SENACA, J. RETULLA, N.
PRINCIPLES

the 1987 constitution of the

republic of the Philippines
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to
build a just and humane society, and establish a Government that shall embody
our ideals and aspirations, promote the common good, conserve and develop
our patrimony, and secure to ourselves and our posterity, the blessings of
independence and democracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do ordain and promulgate this
Constitution.
PRINCIPLES

PURPOSE AND EFFECT

The Preamble bears witness to the fact that the Constitution is the manifestation of
the sovereign will of the Filipino people.

The identification of the Filipino people as the author signifies the work of the people
themselves, who put their mark of approval by ratifying it in a plebiscite.

The introduction of the word "love" makes the Philippines the only nation to enshrine
the word in its Constitution, serving as a monument to the love that prevented
bloodshed in the February Revolution of 1986.

The effect of the 1935 text “The Filipino people, imploring the aid, etc.” was to
suggest that the US was making the announcement that the Filipino people were
finally being allowed to promulgate a constitution
PRINCIPLES

DEMOCRATIC AND REPUBLICAN STATE

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

A Republican Form of Government is understood as “one constructed on this principle, that

the supreme power resides in the body of the people.” (Article IV, Sec. 4 of the United
States Constitution)

It has two purposes:

(1) to guarantee against the extremes of monarchy and oligarchy
(2) to guarantee against pure democracy
PRINCIPLES

mandatory requirement of
the tydings-mcduffie law
The instrument which the American Government
Our Vision
authorized the Filipino people to draft a constitution
in 1934

"the constitution formulated and

drafted be republican in form"
PRINCIPLES

AMERICAN CONSTITUTION
speaks of a guarantee of a “Republican Form of Government”

PHILIPPINE CONSTITUTION
only provides for a “republican state”
PRINCIPLES

MARTIAL LAW
-Constitutional Authoritarianism

gave rise to the question of whether the

governmental power of the President was
compatible with a “Republican State”

It was not until 1987 that the Constitutional

Convention added the word “democratic” to
describe the state

A monument to the People Power Revolution

PRINCIPLES

Renunciation of war and adoption of generally

accepted principles of international law

ARTICLE II
SEC.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 Adoption of the Adherence to a policy

principles of of peace, freedom, and
international law amity with all nations
PRINCIPLES

ARTICLE XVIII

SEC. 25. After the expiration in 1991 of the

Agreement between the Republic of the
Philippines and the United States of America
concerning military bases, foreign military
bases, troops, or facilities shall not be
allowed in the Philippines except under a
treaty duly concurred in by the Senate and,
when the Congress so requires, ratified by a
majority of the votes cast by the people in
a national referendum held for that
purpose, and recognized as a treaty by the
other contracting State.
PRINCIPLES

Pharmaceutical and Health Care Association v. Duque III,

G.R. No. 173034, 9 October 2007.

PRINCIPLE IN SUM:“Under the 1987 Constitution, international law can

become part of the sphere of domestic law either by transformation or
incorporation.The transformation method requires that an international
law be transformed into a domestic law through a constitutional
mechanism such as local legislation. The incorporation method applies
when, by mere constitutional declaration, international law is deemed to
have the force of domestic law.”
PRINCIPLES

Ichong v. Hernandez,
G.R. No. L-7995, 31 May 1957.

PRINCIPLE IN SUM: “The law does not violate international treaties and
obligations. The United Nations Charter imposes no strict or legal
obligations regarding the rights and freedom of their subjects (Jans Kelsen,
The Law of the United Nations, 1951 ed., pp. 29-32), and the Declaration of
Human Rights contains nothing more than a mere recommendation, or a
common standard of achievement for all peoples and all nations.”
PRINCIPLES

CIVILIAN SUPREMACY OVER THE MILITARY

ARTICLE II
SEC. 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.

“As politics get into the army, the army gets into politics”
- Charles Wright Mills, The Power Elite
PRINCIPLES

Government as protector of the people,

and people as defenders of the state

[REPUBLIC ACT NO. 9163]

AN ACT ESTABLISHING THE NATIONAL SERVICE
TRAINING PROGRAM (NSTP) FOR Our Vision
TERTIARY LEVEL
STUDENTS, AMENDING FOR THE PURPOSE REPUBLIC
ACT NO. 7077 AND PRESIDENTIAL DECREE NO. 1706, AND
FOR OTHER PURPOSES

SEC. 2. Declaration of Policy SEC. 5. Coverage

SEC. 4. Establishment of the SEC.6. Duration and

National Service Training Equivalent Course Unit
Program
PRINCIPLES

SEPARATION OF CHURCH AND STATE

ARTICLE II
SEC. 6. The separation of Church and State shall be inviolable

ARTICLE III
SEC. 5. No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free exercise
and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious
test shall be required for the exercise of civil or political rights.
PRINCIPLES

SEPARATION OF CHURCH AND STATE

ARTICLE IX (C)
SEC. 3. The Commission on Elections may sit en banc or in two
divisions, and shall promulgate its rules of procedure in order to
expedite disposition of election cases, including pre-proclamation
controversies. All such election cases shall be heard and decided in
division, provided that motions for reconsideration of decisions shall be
decided by the Commission en banc.
PRINCIPLES

SEPARATION OF CHURCH AND STATE

ARTICLE IX (C)
SEC.4. The Commission may, during the election period, supervise or regulate the
enjoyment or utilization of all franchises or permits for the operation of transportation and
other public utilities, media of communication or information, all grants, special privileges,
or concessions granted by the Government or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled corporation or its subsidiary. Such
supervision or regulation shall aim to ensure equal opportunity, time, and space ,and the
right to reply, including reasonable, equal rates therefor, for public information campaigns
and forums among candidates in connection with the objective of holding free, orderly,
honest, peaceful, and credible elections.
PRINCIPLES

ARTICLE VI
SEC.28 (3).Charitable institutions, churches and parsonages or
convents appurtenant thereto, mosques, non-profit cemeteries,
and all lands, buildings, and improvements, actually, directly, and
exclusively used for religious, charitable,
OurorVision
educational purposes
shall be exempt from taxation.

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.
PRINCIPLES

ARTICLE XIV

SEC. 3(3). At the option expressed inOur writing by the parents or

Vision
guardians, religion shall be allowed to be taught to their
children or wards in public elementary and high schools within
the regular class hours by instructors designated or approved
by the religious authorities of the religion to which the children
or wards belong, without additional cost to the Government.
PRINCIPLES

ARTICLE XIV
SEC.4(2). Educational institutions, other than those established by
religious groups and mission boards, shall be owned solely by citizens of
the Philippines or corporations or associations at least sixty per centum of
the capital of which is owned by suchOur Vision
citizens. The Congress may,
however, require increased Filipino equity participation in all educational
institutions.
The control and administration of educational institutions shall be
vested in citizens of the Philippines.
No educational institution shall be established exclusively for aliens
and no group of aliens shall comprise more than one-third of the
enrollment in any school. The provisions of this subsection shall not apply
to schools established for foreign diplomatic personnel and their
dependents and, unless otherwise provided by law, for other foreign
temporary residents.
PRINCIPLES

Estrada v. Escritor, A.M. No. P-02-1651

(formerly OCA I.P.I. No. 00-1021-P)
(Resolution), 22 June 2006

PRINCIPLE IN SUM:
“No law shall be made respecting the establishment of religion,
or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without
discrimination or preference shall forever be allowed. No religious
test shall be required for the exercise of civil or political rights.”
POLICIES

INDEPENDENT FOREIGN POLICY

ARTICLE II
SEC.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.

POLICIES

Bayan v. Zamora, GR No. 138570,

10 October 2000

PRINCIPLE IN SUM: "Sec. 25, Art. XVIII, 1987 Phil. Con. states that
“After the expiration in 1991 of the Agreement between the Republic
of the Philippines and the United States of America concerning
Military Bases, foreign military bases, troops, or facilities shall not be
allowed in the Philippines except under a treaty duly concurred in by
the Senate and, when the Congress so requires, ratified by a
majority of the votes cast by the people in a national referendum
held for that purpose, and recognized as a treaty by the other
contracting State”
POLICIES

Province of North Cotabato v. GRP,

G.R. No. 183591, 14 October 2008

PRINCIPLE IN SUM: “Presidential Adviser on the Peace Process

committed grave abuse of discretion when he failed to carry out the
pertinent consultation process, as mandated by E.O. No. 3, Republic
Act No. 7160, and Republic Act No. 8371. The furtive process by
which the MOA-AD was designed and crafted runs contrary to and in
excess of the legal authority and amounts to a whimsical, capricious,
oppressive, arbitrary and despotic exercise thereof. It illustrates a
gross evasion of positive duty and a virtual refusal to perform the
duty enjoined."
POLICIES

FREEDOM FROM NUCLEAR WEAPONS

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

It raises 2 questions:

(1) what are banned by the provision?

(2) how absolute is the ban?
POLICIES

SOCIAL JUSTICE AND HUMAN RIGHTS

ARTICLE XIII
SEC.1. The Congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity, reduce social,
economic, and political inequalities, and remove cultural inequities by equitably diffusing
wealth and political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use, and
disposition of property and its increments.

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

Calalang v. Williams, 70 Phil

726
PRINCIPLE IN SUM: "Social justice is "neither communism, nor despotism, nor

of laws and the equalization of social
atomism, nor anarchy," but the humanization
and economic forces by the State so that justice in its rational and objectively
secular conception may at least be approximated. Social justice means the
promotion of the welfare of all the people, the adoption by the Government of
measures calculated to insure economic stability of all the competent elements of
society, through the maintenance of a proper economic and social equilibrium in
the interrelations of the members of the community, constitutionally, through the
adoption of measures legally justifiable, or extra-constitutionally, through the
exercise of powers underlying the existence of all governments on the time-
honored principle of salus populi est suprema lex"
POLICIES

COMMISSION ON HUMAN RIGHTS

ARTICLE XIII
SEC. 18. (1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and
political rights;
(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance
with the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well
as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose
human rights have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or detention facilities;
(5) Establish a continuing program of research, education, and information to enhance respect for the primacy of
human rights;
(6) Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of
violations of human rights, or their families;
(7) Monitor the Philippine Government’s compliance with international treaty obligations on human rights;
(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other
evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;
(9) Request the assistance of any department, bureau, office, or agency in the performance of its functions;
(10) Appoint its officers and employees in accordance with law; and
(11) Perform such other duties and functions as may be provided by law.
POLICIES

WRIT OF AMPARO
Under the Rules of the Supreme Court, the petition for a Writ
Our
of Amparo is a remedy available to any Vision
person whose right to
life, liberty and security is violated or threatened with violation
by an unlawful act or omission of a public official or employee,
or of a private individual or entity. The writ shall cover
extralegal killings and enforced disappearances or threats
thereof.
POLICIES

SANCTITY OF FAMILY LIFE, LIFE OF THE

MOTHER, LIFE OF THE UNBORN
ARTICLE II
SEC.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.

POLICIES

Spouses Imbong v. Ochoa, Jr.,

G.R. No. 204819, 8 April 2014

PRINCIPLE IN SUM: "Reproductive health rights refers to the rights of

individuals and couples, to decide freely and responsibly whether or not to
have children; the number, spacing and timing of their children; to make
other decisions concerning reproduction, free of discrimination, coercion
and violence; to have the information and means to do so; and to attain the
highest standard of sexual health and reproductive health: Provided,
however, That reproductive health rights do not include abortion, and
access to abortifacients."
POLICIES

Spouses Imbong v. Ochoa, Jr.,

G.R. No. 204819, 8 April 2014

ISSUE: The main issue raised is regarding the

constitutionality of RA 10354 or the Reproductive Health Act
of 2012
POLICIES

EQUALITY BETWEEN MEN AND WOMEN

ARTICLE II
SEC. 14. The State recognizes the role of women in nation-building, and shall ensure
the fundamental equality before the law of women and men.

RA 9262: The Anti-Violence Against Women and their Children Act of 2004

RA 7192: Women in Development and Nation-Building Act of 1992

RA 6725: Prohibition on Discrimination Against Women

POLICIES

RA 9262
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES.
Our Vision

It includes, but is not limited to, the following acts:

Physical Violence
Sexual Violence
Psychological Violence
Economic abuse

Who are persons protected under R.A. No. 9262?

POLICIES

RA 7192
AN ACT PROMOTING THE INTEGRATION OF WOMEN
AS FULL AND EQUAL PARTNERS OF MEN IN
Our VisionAND FOR
DEVELOPMENT AND NATION BUILDING
OTHER PURPOSES
The National Economic and Development Authority is given primary
responsibility for carrying out the purposes of the Act. The Act grants
women, regardless of their marital status, full legal capacity to act
and to enter into contracts. It grants them equal access to
membership in all social, civic and recreational clubs as well as the
right of admission into military schools. Full-time homemakers shall
have the right to participate in government-sponsored social security
schemes.

-International Labour Organization (1996-

POLICIES

RA 6725
AN ACT STRENGTHENING THE PROHIBITION ON
DISCRIMINATION AGAINST WOMEN WITH RESPECT TO
TERMS AND CONDITIONS OF EMPLOYMENT, AMENDING
OurTHE
FOR THE PURPOSE ARTICLE 135 OF Vision
LABOR CODE,
AS AMENDED

It defines discrimination as paying lesser compensation to a woman

for work of equal value and favouring a male employee on account
of sex with respect to promotion, training opportunities, study and
scholarship grants. In addition to penalties provided under the
Code, the aggrieved employee may file a claim for money damages
and affirmative relief.

-International Labour Organization (1996-2014)

POLICIES

BALANCED AND HEALTHFUL ECOLOGY

ARTICLE II

SEC.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.
POLICIES

Oposa v. Factoran,
GR No. 101083, 30 July 1993
PRINCIPLE IN SUM: “The personality to sue on behalf of the
succeeding generations can only be based on the concept of
intergenerational responsibility insofar as the right to a
balanced and healthful ecology is concerned.
POLICIES

WRIT OF KALIKASAN
Section 1, Rule 7, Part III
Rules of Procedure for Environmental Cases

The writ is a remedy available “on behalf of persons whose constitutional

right to a balanced and healthful ecology is violated, or threatened with
violation by an unlawful act or omission of a public official or employee, or
private individual or entity, involving environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in two
or more cities or provinces.”
POLICIES

Mosqueda v. Pilipino Banana Growers &

Exporters Association, Inc.,
G.R. No. 189185 & 189305, 16 August 2016

PRINCIPLE IN SUM: "The acts of the local government unit designed to

ensure the health and lives of its constituents and to promote a balanced
and healthful ecology are well within the corporate powers vested in the
local government unit. Furthermore, the constitutional right to health and
maintaining environmental integrity are privileges that do not only
advance the interests of a group of individuals. The benefits of protecting
human health and the environment transcend geographical locations and
even generations."
POLICIES

Priority to Education, Science,

Technology, Arts, Culture & Sports
ARTICLE II

SEC. 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.
POLICIES

Priority to Education, Science,

Technology, Arts, Culture & Sports
ARTICLE XIV
SEC. 1. The state shall protect and promote the right of all citizens to quality education at
all levels and shall take appropriate steps to make such education accessible to all.

Quality education to all citizens

The support that is expected of the state is by way of promoting quality education that is
accessible to all.
● The state will not only take measures to make education affordable to all,
● but it is their duty to screen those who seek education.
● and exclude both students and teachers who do not meet the standards of efficiency and
quality
POLICIES

Private school education

Private school education along with public school education form the Philippine educational system. The
State has a stake in the quality of the nation’s formal education, which this section recognizes the
indispensable role of private education along with public education; which the State exercises
reasonable supervision and regulation.

Filipinization of Education
ownership and proprietary control and administration
academic administration
student population

Tax breaks for private schools

to preserve the democratic choice of students;
to enable educational institutions to improve their quality; and
to make quality education affordable to students
POLICIES

ARTICLE XIV

SEC. 6. The national language of the Philippines is Filipino. as it evolves, it shall

be further developed and enriched on the basis of existing Philippine and other
languages .

SEC. 7. For purposes of communication and instruction, the official languages

of the Philippines are Filipino and , until otherwise provided by law, English .
POLICIES

Science and Technology

Science and Technology are important as an expression

of national policy and concern. They are an admission of
Our Vision
the sad state of science and technology in the country,
lagging as the nation is behind other ASEAN countries,
and at the same time an exhortation to the government
and to the nation as a whole to give science and
technology the attention they deserve.
POLICIES

Sports
ARTICLE XIV

SEC. 19. (1) The state shall promote physical education and
encourage sports programs, league competitions, and amateur
sports, including training for international 1312 the 1987
constitution of the republic of the Philippines
(2) all educational institutions shall undertake regular sports
activities throughout the country in cooperation with athletic clubs
and other sectors.
POLICIES

Arts and Culture

ARTICLE XIV

SEC.14. The state shall foster the preservation, enrichment, and

dynamic evolution of a Filipino national culture based on the
principle of unity in diversity in a climate of free artistic and
intellectual expression.
POLICIES

PROTECTION TO LABOR

ARTICLE IIOur Vision

SEC.18. The state affirms labor as a primary social economic

force. it shall protect the rights of workers and promote their
welfare.
POLICIES

Self-Reliant and Independent Economy

Manila Prince Hotel v. Government Service Insurance System,

G.R. No. 122156, 3 February 1997

PRINCIPLE IN SUM: “If a law or contract violates any norm of

the constitution that law or contract whether promulgated by the
legislative or by the executive branch or entered into by private
persons for private purposes is null and void and without any
force and effect.”
POLICIES

Indispensable Role of Private Sector

ARTICLE II
SEC.19. The state shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.
National economy has the following elements:
a.Self-reliant (Sec. 9 of Art. XII)
b. Independent (Sec. 9 of Art. XII)
c. Effectively controlled by Filipinos (Section 1, 10, 12, 20 of Art. XII)

SEC. 20. The State recognizes the indispensable role of the private sector, encourages
private enterprise, and provides incentives to needed investments.
a. Indispensable role of the private sector
b. Encourages private enterprise
c. Provides incentives to needed investments
POLICIES

Indispensable Role of Private Sector

ARTICLE XII NATIONAL ECONOMY AND PATRIMONY

How is self-reliance and independence of national economy manifested in

the Constitution, notwithstanding the indispensable role of the private
sector?

How should the national economy be effectively controlled by Filipinos?

Aside from the private sector’s role as a consultant in economic planning

and development, what are other manifestations of its indispensability?
POLICIES

Comprehensive Rural Development

and Agrarian Reform
ARTICLE XIII
SEC. 4. The State shall, by law, undertake an agrarian reform program founded on the right
of farmers and regular farmworkers, who are landless, to own directly or collectively the
lands they till or, in the case of other farmworkers, to receive a just share of the fruits
thereof. To this end, the State shall encourage and undertake the just distribution of all
agricultural lands, subject to such priorities and reasonable retention limits as the Congress
may prescribe, taking into account ecological, developmental, or equity considerations, and
subject to the payment of just compensation. In determining retention limits, the State shall
respect the right of small landowners. The State shall further provide incentives for
voluntary land-sharing.
POLICIES

Comprehensive Rural Development

and Agrarian Reform
ARTICLE II
SEC. 21. The State shall promote comprehensive rural development and agrarian reform

ARTICLE XIII
SEC. 4. The State shall, by law, undertake an agrarian reform program founded on the right
of farmers and regular farmworkers, who are landless, to own directly or collectively the
lands they till or, in the case of other farmworkers, to receive a just share of the fruits
thereof. To this end, the State shall encourage and undertake the just distribution of all
agricultural lands, subject to such priorities and reasonable retention limits as the Congress
may prescribe, taking into account ecological, developmental, or equity considerations, and
subject to the payment of just compensation. In determining retention limits, the State shall
respect the right of small landowners. The State shall further provide incentives for
voluntary land-sharing.
POLICIES

Foundation of Agrarian Land Reform

Holders of the Right to Own Land Through Agrarian Land Reform

Priorities and Reasonable Retention Limits

Just Compensation

Voluntary Land Sharing

POLICIES

INDIGENOUS CULTURAL
COMMUNITIES
ARTICLE II Our Vision
SEC. 22. The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.

ARTICLE X
SEC. 15. There shall be created autonomous regions in Muslim Mindanao and in
the Cordilleras consisting of provinces, cities, municipalities, and geographical
areas sharing common and distinctive historical and cultural heritage, economic
and social structures, and other relevant characteristics within the framework of
this Constitution and the national sovereignty as well as territorial integrity of the
Republic of the Philippines.
POLICIES

INDIGENOUS CULTURAL
COMMUNITIES
ARTICLE XII Our Vision
SEC. 5. The State, subject to the provisions of this Constitution and
national development policies and programs, shall protect the rights of
indigenous cultural communities to their ancestral lands to ensure their
economic, social, and cultural well-being.
The Congress may provide for the applicability of customary laws
governing property rights or relations in determining the ownership and
extent of ancestral domain.
POLICIES

AUTONOMY OF LOCAL
GOVERNMENTS
ARTICLE II
Our of
SEC. 25. The State shall ensure the autonomy Vision
local governments.

ARTICLE X
SEC. 2. The territorial and political subdivisions shall enjoy local
autonomy.

LIMITS ON LOCAL AUTONOMY

STATUTES OVER ORDINANCES

POLICIES

AUTONOMY OF LOCAL
GOVERNMENTS
ARTICLE X Our Vision
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
mechanisms 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.
POLICIES

AUTONOMY OF LOCAL
GOVERNMENTS
ARTICLE X Our Vision
SEC. 4. The President of the Philippines shall exercise general
supervision over local governments. Provinces with respect to
component cities and municipalities, and cities and municipalities
with respect to component barangays shall ensure that the acts of
their component units are within the scope of their prescribed
powers and functions.
POLICIES

FULL PUBLIC DISCLOSURE

ARTICLE II

SEC. 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.
POLICIES

Valmonte v. Belmonte, 170 SCRA 256

PRINCIPLE IN SUM: "The public nature of the loanable funds of

the GSIS and the public office held by the alleged borrowers
make the information clearly sought a matter of public interest and
concern."
POLICIES

Akbayan vs. Aquino, GR No. 170516,

July 16, 2008
PRINCIPLE IN SUM: “To be covered by the right to information, the information
sought must meet the threshold requirement that it be a matter of public
concern. In determining whether or not a particular information is of public
concern there is no rigid test which can be applied. ‘Public concern’ like ‘public
interest’ is a term that eludes exact definition. Both terms embrace a broad
spectrum of subjects which the public may want to know, either because these
directly affect their lives, or simply because such matters naturally arouse the
interest of an ordinary citizen. In the final analysis, it is for the courts to
determine on a case-by-case basis whether the matter at issue is of interest or
importance, as it relates to or affects the public.”