THE 1987 CONSTITUTION (1)
the Constitution. - While a preamble is not
THE 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.
Meaning of Preamble.
The term preamble is derived from the
Latin preambulare which means "to walk
before." It is an introduction to the main
subject. It is the prologue of the
Constitution.
Preamble not essential in
a constitution.
Technically speaking, the Preamble forms
no integral part of our Constitution. Of
itself alone, it cannot be invoked as a
source of private right enforceable by the
courts or of any governmental power not
expressly granted or at least, clearly
implied therefrom.?
It is significant to note, however, that a
majority of the constitutions of the world
contain a preamble.
Object and value of Preamble.
Sets down origin and purposes of
a
necessary part of a constitution, it is
advisable to have one. In the case of the
Constitution of the Philippines, the
Preamble which is couched in general
terms, expresses the ideals of the Filipino
people and provides the broad outline of,
and the spirit behind, the Constitution.
It serves two (2) very important ends:
(a) It tells us who are the authors of
the Constitution and for whom it has been
promulgated; and
(b) It states the general purposes which
are intended to be achieved by the
Constitution and the government
established under it, and certain basic
principles underlying the fundamental
charter.
(2) May serve as an aid in its
interpretation. - The Preamble cannot be
invoked as a source of power by the
government nor of rights by the people. If
has, however, a value for purposes of
construction or interpretation of the
meaning of constitutional provisions. The
statement of the general purposes may be
resorted to as an aid in determining the
meaning of vague or ambiguous
provisions of the Constitution proper. By
way of illustration, the government is
without power to impose taxes for private
purpose because according to the
Preamble it is established for public
purpose - the promotion of the common
good - and not for private purpose.
Source of Constitution's authority.
(1) The Filipino people. - The
Constitution begins and ends with the
words, "We, the sovereign Filipino people,
imploring the aid of Almighty God xxx, do
ordain and promulgate this Constitution."
Thus, the Filipino people themselves (not
just their representatives) are the source
from which the Constitution comes and
being so, it is the supreme law of the land.
The Preamble retains the use of the term
"Filipino people" to signify their oneness
and solidarity. It is different from the term
"people of the Philippines" which may
refer to the entire body of inhabitants, a
mere "aggrupation" of individuals,
including aliens.
(2) A sovereign people. - The
Constitution calls the Filipino people
"sovereign." The first person approach
consisting of the use of the pronouns "we"
and "our" has also been retained instead of
the impersonal third person approach
(i.e.,"the Filipino people" and "their") in
the Preamble of the 1935 Constitution.
The intention is to stress that the Filipino
people; in ordaining and promulgating the
Constitution, do so on their own authority
as a sovereign people and not by virtue of
the authority or permission given by a
superior foreign power.
Belief In God stressed.
Our Preamble is in the form of a collective
prayer. The Filipinos are intensely
religious people. In imploring the aid of
"Almighty God," they declare and affirm
their belief in the existence of a Supreme
Being that guides the destinies of men and
nations. They acknowledge the "overruling
power of God over the affairs of nations
and all human beings." They recognize the
fact that with the help of a personal God to
whom they are all accountable, they will
be able to achieve the ideals and
aspirations to which they are committed,
particularly in laying a strong foundation
for building a "just and humane society,"
which is not possible in a Godless society.
In a sense, they acknowledge God as the
source of their authority.
The Philippines is the only predominantly
Christian and partly Muslim nation in Asia
and East Pacific Region.
National purposes and aims in adopting
the Constitution.
As set forth in the Preamble, they are:
(1) To build a just and humane society;
and
(2) To establish a Government that
shall:
(a) embody our ideals and aspirations;
promote the common good; (b) conserve
and develop our patrimony; and (c) secure
to ourselves and our posterity the bless.
ings of independence and democracy under
the rule of law and a regime of truth,
justice, freedom, love,* equality, and
peace." Attainment of the constitutional
goals.
'(1) Root causes of our present problems. -
After more than a half century of
independent existence, ° the Philippines
continues to be beset with pressing
economic, political, and social problems
usually associated with underdevelopment.
To be sure, every administration has been
responsible, one way or another, for the
slow progress of our country. A simple
analysis will reveal that the root causes of
our country's problems can be traced to a
large extent to the government machinery
itself - graft and corruption, excessive
partisan politics, blunders in economic
policies, and mismanagement, among
others.?
(2) Government envisioned by the
Constitution. - The two
(2) goals - to build the kind of society
and to establish the kind of government set
forth in the Preamble - are attainable only
if the government actually established is of
the character envisioned by the
Constitution.
(a) That government must be
democratic, i.e., based on the
consent of the governed, and it
must be so not only in its structure
but more importantly, in its
operation. (see Art. II, Sec. 1.) For
instance, it is not enough that laws
are just and humane - they must be
applied justly
and humanely; or that periodic
elections are held - they must be
clean and orderly and must
accurately reflect the will of the
electorate.
(b) That government must be
administered by honest, competent,
and dedicated men and women
who consider public office as a
public trust. (Art. IX, Sec. 1.)
(c) That government must be
responsive to the people's needs
and expectations, exercising power
and authority in view only of the
common good, always guided and
controlled by the laws and the
Constitution.
(3) Single biggest factor for national
solidarity. - Such a government is, beyond
doubt, the single biggest factor for national
solidarity for it commands the respect and
confidence of the citizens in its integrity
and competence. It, therefore, can readily
secure their support and cooperation
behind great undertakings and, in times of
grave crises, count on their loyalty and
patriotism to make sacrifices, and if need
be, to defend it and the democratic ideals
and values (e.g., rule of law, respect for
human dignity, freedom, equality) it stands
for.
(4) Key to a successful democracy. -
Only when we succeed in establishing a
truly popular "government that shall
embody our ideals and aspirations,," as
intended by the Constitution, can we
overcome whatever difficulties and meet
whatever challenges that we face today
and may confront us in the future. Only
then can we build for ourselves and the
succeeding generations a vibrant
democracy that can withstand the toughest
tests of events and assure a life of
prosperity and progress, justice and
dignity for all, especially the poor and the
less privileged in our society who up to
now constitute the vast majority of "the
sovereign Filipino people." (see Art. II,
Secs. 9-11.)
Changes in the Preamble.
(1) The Preamble, consisting of 75 words,
is one of the world's longest preambles. It
has
15 words more than that of the 1973
Constitution.
(2) The phrase Almighty God replaced
"Divine Providence" in the 1935 and 1973
Constitutions which was considered vague
and impersonal. The latter term was used
in the 1973 Constitution as a compromise
to accommodate some atheists in the 1971
Constitutional Convention.
(3) Common good is used to refer to
all the people in place of "general welfare"
which is not as inclusive as it may be
interpreted to refer only to the welfare of
the greater majority (even to the great
prejudice of the minority),' and freedom
instead of "liberty" because the latter word
does not cover freedom from want, fear,
and ignorance.
(4) Other amendments are the insertion
of the following phrases and words:
(a) to build a just and humane society,
to stress that in ordaining and
promulgating the Constitution, the purpose
is not only to establish a government but
also such a society where inequalities or
inequities in any form do not exist. This is
especially relevant in our society today
where there are so few with so much and
so many with so
little;
(b) the rule of law (see Introduction-
E.), the Constitutional Commission
apparently having in mind the
country's experience of authoritarian rule
under a former regime
which had been accused, among others, of
human rights violations, electoral frauds
and lerrorism, suppression of dissent,
abuse of the decree-makingpower, and
unequal application of the law;
(c) aspirations, to stand for the
unrealized dreams of the nation as
distinguished from "ideals" which refer to
accepted norms and sentiments. There is
one dream that all Filipinos can share, and
it is to make our country a free, peaceful,
and prosperous nation for our children and
our children's children so that they may
have a better life than we have had;
(d) truth, to emphasize the
constitutional policy of transparency,
accountability, and integrity in the
administration of the government (see Art.
XI, Sec. 1.), without which there can be no
good governance. Truth is not what one
thinks it should be. It is not something
which is true today, not tomorrow. There is
always an objective measure for the truth.
The ideal of truth is intimately connected
with that of justice which is to be accorded
to everyone no matter what his creed or
status in the life may be. Indeed, without
the truth, there can be no justice; and
(e) love, as a directive principle of the
Preamble together with truth, justice,
freedom, equality and peace. It is love that
drives us to be loyal and self-sacrificing
and to care deeply about the happiness of
others and our nation's welfare especially
when it is gravely imperiled.
In many parts of the country today, intense
partisan conflicts and political rivalries,
not to mention the long-drawn communist
armed rebellion and the secessionist
movement in the south," and the repeated
coup attempts by disaffected military
rebels to overthrow the government," have
engendered hatred, violence and tensions,
and hinder our progress and development.
Incidentally, our Constitution is the only
one in the world to enshrine "love" in its
text which can also be read as "human
fraternity" or "brotherhood."
(5) The word independence in the 1935
text of the Preamble (which was almost an
exact reproduction of the Preamble of the
U.S: Constitution except for some
alterations in phraseology) was changed to
"democracy" in the 1973 Constitution for
the reason that the term denotes the idea of
a colonial status (which was existing at the
time of the adoption of the 1935
Constitution), and it is long after 1946
when the Philippines had become legally
independent from the United States." It is
restored to stress our being an independent
nation, "free to build and chart our own
destiny, in our own time and in our own
way."
Of course, there is no nation in the world
that is truly independent, especially in the
present age of diverse and borderless
global economy in which we live. Each
nation is to a certain degree dependent
upon others, for no nation, no matter how
progressive and prosperous, can be
completely self-sufficient. The
constitutional goal is self-reliance and
freedom from foreign control and
intervention in the development of our
national economy (see Art. II, Sec.
19.) and the pursuit of our foreign policy.
(Ibid., Sec. 7.)
(6) The words equality and peacel were
inserted in the 1973 Constitution in view
of the turbulence, and the waves of protest
against "basic economic and social
inequalities" then prevailing in the country
at the time of the framing of the same.
These conditions continued to exist up to
the last days of the Marcos regime:
(a) While the idea which "equality"
signifies is already embodied in the term
"democracy," it was deemed impera-tive
that emphasis should continue to be made
in the new Charter of the egalitarian
objectives of our society. But the intended
principal beneficiaries of a "regime of x x
x equal-ity" are the poor and marginalized
in our society.
As to them, because of their
disadvantageous situation, equality really
means protection under the principle of
social justice which imposes upon the
State the duty to accord preferential
attention to and solicitude for their
welfare. (see Art. XIII.)
(b) The Preamble is speaking of
domestic peace and it exists not merely
when there is absence of armed conflicts,
hostilities, or lawlessness. This absence
may be one that is attained through the use
of violence or the imposition of will over
the people by means of control. Neither is
it the state of being left alone to do as one
wants. It does not mean absolute human
freedom from all cares or distur-bance.
As used in the Preamble, "peace"* should
be understood more in its positive sense,
meaning the presence and primacy of law,
order and justice, which after all are the
very foundation as well as end and purpose
of every demo cratic government.
(c) The addition of a regime of peace
is consistent with the constitutional policy
of renouncing war as an instrument of
national policy. (Art. II, Sec. 2.)
Article 1 NATIONAL TERRITORY
SECTION 1. The national territory
comprises the Philippine archipelago, with
all the islands and waters embraced
therein, and all other terri tories over
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial,
fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas.
The waters around, between, and
connecting the islands of the archipelago,
regardless of their breadth and dimensions,
form part of the internal waters of the
Philippines.
Necessity of constitutional provision on
National Territory.
The Constitution begins with a prevent the Philippines from acquiring
delimitation of our national territory
(1) Binding force of such provision
under international law. - There is no rule
in international law which requires a State
to define its territorial boundaries in its
Constitution. The reason is that with or
without such a provision, a State under
international law has the unquestioned
right to assert jurisdiction throughout the
extent of its territory. Nor is such
delimitation binding upon other States
who are not precluded from claiming title
to territories which they think is theirs.'
In any case, territorial disputes have to be
settled according to the rules of
international law.
(2) Value of provision defining our
national territory. - Nevertheless, it is
important to define as precisely as possible
our national territory for the purpose of
making known to the world the areas over
which we assert title or ownership to avoid
future conflicts with other nations. As a
sovereign State, the Philippines can
promulgate and enforce laws within our
country. Every other power is excluded
from exercising dominion or jurisdiction
without the consent of the
Philippines.
International law recognizes the supreme
authority of every state within its territory,
although foreign sovereigns and
diplomatic envoys are entitled to
exemption from local civil and criminal
jurisdiction.?
(3) Acquisition of other territories.
Incidentally, the definition of our national
territory in our Constitution does not
other territories in the future through any
of the means (e.g., purchase, exchange,
etc.) sanctioned by international law.
National Territory of the
Philippines.
As provided in Article I, it comprises:
(1) The Philippine archipelago with all
the islands and waters embraced
therein;
(2) All other territories over which the
Philippines has sovereignty or
jurisdiction;*
(3) The terrestrial, fluvial and aerial
domains including the territorial
 sea, the seabed, the subsoil, the
insular shelves, and other
submarine areas thereof; and
(4) The internal waters. (Sec. 1.)
Meaning of archipelago.
The term archipelago is derived from the
Greek word pelagos meaning "sea." It has
been defined as a sea or part of a sea
studded with islands, often synonymous
with island groups," or as a large group of
islands in an extensive body of water, such
as sea.°
In other words, it includes both sea and
islands which geographically may be
considered as an independent whole.
Other territories over which the
Philippines has sovereignty or
jurisdiction.
(1) Pending Philippine claim to Sabah,
etc. The phrase "all the other territories
belonging to the Philippines by historic
right or legal title" found in 1973
Constitution was omitted in the present
Charter. The phrase acquired a definite
meaning in the 1973 Constitution as a
cover-all for pending Philippine claim to
Sabah (formerly North Borneo) against
Malaysia® and the possible claim to the
so-called Freedom land (a group of islands
known as "Spratley" islands in the South
China Sea and the Marianas Islands,
including Guam (which according to
historical documents were under the
control of the civil and ecclesiastical
authorities in the Philippines during the
Spanish regime), or any other territory
over which the Philippines may in the
future find it has a right to claim.
Its inclusion in the definition of our
national territory merely provided for the
possibility that said territories might
eventually become a part of the
Philippines but it did not settle the
question of whether they belong to the
Philippines by historic right or legal title.
(2) Future claims by the Philippines to
other areas. - The deletion, however, of the
words by historic right or legal title" is not
to be construed as precluding future claims
by the Philippines to areas over which it
does not actually exercise sovereignty. The
change is designed to improve our
relations with Malaysia while allowing
flexibility in pursuing the Sabah claim if it
desires to do so.
Other areas included in the
Philippine archipelago.
The Philippine territory consists of its
terrestrial, fluvial, and aerial' domains.
Included in its fluvial domains, in addition
to the external waters, are:
(1) The territorial sea. - It is that part
of the sea extending 12 nautical
miles (19 kms.) from the low-
watermark. It is also-called the
"marginal sea," the "marginal belt,"
or the "marine belt";
(2) The seabed (or sea floor or sea
bottom). - This refers to the land
that holds the sea, lying beyond the
seashore, including mineral and
natural resources;
(3) The subsoil. - This refers to
everything beneath the surface soil
and the seabed, including mineral
and natural resources;
 (4) Insular shelves (or continental
shelves). - They are the submerged
portions of a continent or offshore
island, which slope gently seaward
from the low waterline to a point
where a substantial break in grade
occurs, at which point the bottom
slopes seaward at a considerable
increase in slope until the great
ocean depths are reached; and
(5) Other submarine areas. - They refer
to all areas under the territorial sea.
Among oceanographic terms used
are seamount, trough, trench, basin,
deep, bank, shoal, and reef.
As part of the national territory, the seabed,
the insular shelves, and other submarine
areas are necessarily co-extensive with the
territorial sea. The Philippines has a right
or title to them to the extent recognized by
international law.
Three (3)-fold division of navigable
waters.
From the standpoint of international law,
the waters of the earth are divided into:
(1) Inland or internal waters. - They are the
parts of the sea within the land territory.
They are considered in the same light as
rivers, canals, and lakes within the land
territory of a state. They are sometimes
called national waters;
(3) Territorial sea. (supra.) - It is the
belt of water outside and parallel to the
coastline or to the outer limits of the
inland or internal waters; and
(4) High or open seas. - They are
waters that lie seaward of the territorial
sea.
Jurisdiction over navigable waters.
The inland or internal waters and the
territorial sea together comprise what is
generally known as the territorial waters of
a state. Over these waters, a state exercises
sovereignty to the same extent as its land
territory but foreign vessels have the right
of innocent passage through the territorial
sea.
On the other hand, the open seas are
international waters which means that they
are not subject to the sovereignty of any
state but every state has equal right of use
in them.
The archipelagic concept or principle of
territoriality.
The use of the word "archipelago" in
Article I is intended to project the idea that
the Philippines is an archipelago (a state
composed of a number of islands) and
bolster the archipelagic concept (or
archipelago doctrine) which the
Philippines, together with Indonesia and
other archipelago states, had espoused in
international conferences on the Law of
the Sea.
By this concept is meant that an
archipelago shall be regarded as a single
unit, so that the waters around, between,
and connecting the islands of the
archipelago, irrespective of their breadth
and dimensions, form part of the internal
waters of the state, subject to its exclusive the same time, we would lose a large part
sovereignty. of our territory on both sides of the
archipelago, towards the China Sea and the
The Philippine position. Pacific Ocean.

As long as the Philippine Constitution

The archipelago theory is in reality an
stands, as long as the Philippines continues
exception to the three (3)-mile rule (now
as one united country, and as long as the
12-mile rule). This rule does not
Philippines constitutes one nation, the
adequately protect Philippine interests at
three-mile limit can never be acceptable to
all.
us."

(1) Fatal effect of application of 12-mile

(2) The Philippines, a single nation
rule upon territorial integrity of the
and a united State. - In a statement before
Philippines. In the International
the Sub-Committee II of the Committee on
Convention on the Law of the Sea held in
Peaceful Uses of the Seabed and the
Geneva in 1958, the Philippine position
Ocean
was explained as follows:
Floor Beyond the Limits of National
Jurisdiction at Geneva on August 16, 1971,
"To apply the three-mile rule to the
the Solicitor General" of the Philippines
Philippines, with every island having its
reiterated the reasons why the over 7,000
own territorial sea, would have a fatal
islands composing the Philippines should
effect upon the territorial integrity of the
be treated as one whole unit:
Philippines.

"More than seven thousand islands

It would mean the dismemberment of the
comprise the Philippines ruled by one
archipelago with the Sibuyan sea
whole unitary government, bound by a
separating the Visayas, and the Mindanao
common heritage, beholden to the same
Strait and the Sulu isolating Palawan from
tradition, pursuing the same ideals,
the rest of the archipelago.
interdependent and united politically,
economically and socially as one nation.
These and other areas of waters would
cease to be Philippine waters; they would
To suggest that each island has its own
become international waters or high seas,
territorial sea and that base lines must be
and fishing vessels from all nations can
drawn around each island is to splinter into
enter to get the fish and other living
7,000 pieces what is a single nation and a
resources of the sea which nature and
united state. One need only imagine a map
Divine Providence intended for the
of the Philippines with territorial seas
Filipinos.
around each island and with pockets of
high seas in between islands to realize the
Furthermore, warships of even unfriendly absurdity of the resulting situation.
nations could enter these waters and stay Depending on the breadth of the territorial
there with perfect legal right to do so. At sea that may emerge, such pockets of high
seas in the very heart of the country may
be such small areas of no more than 5 to
10 or 15 square miles. And yet, on account
of this, on the pretext of going to those
pockets of high seas, any vessel may
intrude into the middle of our country,
between, for example, the islands of Bohol
and Camiguin which from shore to shore
are separated by no more than 29 miles."
(3) Archipelago principle fully
recognized by UN Law of the Sea
Convention. - Even, therefore, a 12-mile
breadth of the territorial sea would not be
acceptable to the
Philippines as it would still result in having
some pockets within the sea between some
islands which would be considered
international waters.! The archipelago
principle and the exclusive economic zone
rights (see Note 11.) are now fully
recognized in the U.N. Law of the Sea
Convention and, therefore, form part of
public international law. It was ratified by
the interim Batasang Pambansa on
February 27, 1984.
Article II DECLARATION OF
PRINCIPLES AND STATE POLICIES
PRINCIPLES
SECTION 1. The Philippines is a
democratic and republican State.
Sovereignty resides in the people and all
government authority emanates from them.
The Philippines, a democratic and
republican state.
The above declaration is a restatement (see
Preamble) of the democratic character of
our government.
A republican government is a democratic
government by representatives chosen by
the people at large. The essence, therefore,
of a republican state is indirect rule.
(1) The people have established the
goverhment to govern themselves. Its
officers from the highest to the lowest are
servants of the people and not their
masters. They can only exercise the
powers delegated to them by the people
who remain as the ultimate source of
political power and authority.
(2) Section 1 adds the word
"democratic" because the gov-ernment,
while essentially a republican democracy,
embodies some features of a pure or direct
democracy such as initiative, referendum,
and recall. (see Art. VI, Sec. 32; Art, X,
Sec. 3.)
Manifestations of a democratic and
republican state.
The manifestations of a democratic and
republican state are:
(1) The existence of a bill of rights (Art.
III.);
(2) The observance of the
rule of the
majority (Introduc-tion-E.);
(3) The observance of the principle that
ours is a government of laws, and not
of men
(Ibid.);
(4) The presence of elections through (2) Exercised directly through
popular will (Art. suffrage. Actual sovereignty is exercised
by the people through the electoral
V.); process.› The popular will is best
expressed when electoral processes are
(5) The observance of the principle of
free, clean and honest, on the basis of
separation of powers and the system
universal suffrage (i.e., not granted by
of checks and balances (see Art. VI,
status or property) and through secret vote.
Sec. 1.); (6) The observance of the
It is also imperative that the broadest
principle that the legislature cannot
choice of representatives is available to the
pass irrepealable laws (see Art. VI,
people.
Sec. 26.);
(7) The observance of the
law on public Since we are a representative democracy,
the free and true expression of the people's
officers (Art. XI.);
sovereignty is of great importance in
and
determining popular representation in the
(8) The observance of the principle that
government.
the State cannot be sued without its
consent. (Art. XVI, Sec. 3.)
Right of the people to revolt.

Sovereignty of the people.

Section 1 above impliedly recognizes that
the people, as the ultimate judges of their
Sovereignty implies the supreme authority
destiny, can resort to revolution as a matter
inherent in the State by which it is
of right.
governed. As.the State in whom
sovereignty resides, the Filipino people
A provision in the Constitution, however,
have the right to constitute their own
expressly recognizing the people's right to
government, to change it, and to define its
revolt against an oppressive or tyrannical
jurisdiction and powers.
government is not necessary and proper.

(1) Exercised indirectly through public

(1) Being an inherent right, it exists
officials. - The people, however, do not
whether or not such right is
govern themselves directly. Sovereignty
embodied in the Constitution and,
(i.e., making laws, enforcing the same, and
regardless of the Constitution, a
deciding cases involving life, liberty, and
people will revolt if sufficiently
property) is exercised through duly elected
provoked by oppression, injustices,
and appointed public officials who, as
or abuses by their rulers.
public servants, are accountable to the
(2) A constitution in a democratic
people. (Art. XI, Sec. 1.) Their acts, if
State enshrines the rule of law and,
within the scope of their delegated powers,
therefore, any allusion to the right
are, in effect, the acts of the people.
of violent or armed revolution
(which connotes an act committed
beyond the framework of the rule
 of law) would be inconsistent with
the concept of a Constitution.
It would also not speak well of the political
stability of the State, because such a
provision connotes that there is a distinct
possibility that the time may come when
the people have to revolt against tyranny.
(4) In any case, in a democratic society
where the consent of the governed is
regularly expressed through open debates
and free elections, "prudence, indeed, will
dictate that Governments long established
should not be changed [through
revolution] for light and transient causes."
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, coop-eration,
and amity with all nations.
Renunciation of war as an instrument of
national policy.
This is the first aspect of the above
declaration. It is in accordance with the
principle in the United Nations Charter
binding all members to "refrain in their
international relations from the threat or
use of force against the territorial integrity
or political independence of any state.
xxx." The declaration refers only to the
renunciation by the Philippines of
aggressive war, not war in defense of her
national honor and integrity.
Men and nations cannot waive in advance
the basic right of self-preservation and
self-defense.
Under Article VI, Section 23(1) of the
Constitution, Congress with the
concurrence of two-thirds of all its
members, voting separately, may declare
the existence of a state of war.
Adoption of the generally accepted
principles of international law as part of
our law.
International law refers to the body of rules
and principles which governs the relations
of nations and their respective peoples in
their intercourse with one another.
In consonance with the renunciation of war
policy, the second partion of the
declaration binds the Philippines to
enforce or observe within its jurisdiction,
generally accepted principles of
international law, whether customary or by
treaty provision, as part of the law of the
land. There is here an automatic adoption
of international law as part of the law of
the Philippines under what is known as the
doctrine of incorporation.
(1) When international usage to be
applied. — International usages or
the customs of civilized nations are
given effect by our courts in the
absence of any treaty, executive
order, legislative act, or judicial
decision. An example of a principle
established by international usage
is that fishing boats belonging to an
enemy are not subject to seizure in
time of war.?
(2) A treaty has force of a statute. -
The Constitution gives a treaty the
same weight and value as a statute
of Congress. In case of a conflict
between a treaty and a statute, the
 prior act is superseded by the later
one in point of time.
When a treaty is superseded by a
subsequent statute of Congress, the treaty
is repealed or abrogated as part of the law
of the land but it still subsists as an
engagement of the Philippines, although it
may not be enforceable by our courts. The
other State may only present its complaint
to the political organs (i.e., the President
and Congress) of our government.?
(3) Constitution prevails over a treaty.
— The phrase "law of the nation"
in the 1935 Constitution was
changed to "law of the land" in the
1973 Constitution in order to avoid
any conjecture that the generally
accepted principles of international
law are incorporated into
Philippine law with the force of
constitutional provisions.^ The
change is retained in the new
Constitution. Thus, should a
conflict arise between the
Constitution and a treaty, the
former prevails.
Adherence to the policy of peace, etc.,
with all nations.
This third aspect is a corollary to the
foregoing portions of the above declaration
of principle. It shows a positive attitude on
the part of the Philippines toward the
observance of the principles of the United
Nations Charter and to universally
accepted rules and principles of
international law.
In line with the objectives of the United
Nations, the Philippines seeks orily peace
and friendship with her neighbors and all
countries of the world, regardless of race,
creed, ideol. ogy and political system, on
the basis of mutual trust, respect, and
cooperation. It supports the right of all
nations, big and small, to equality,
freedom, and justice in their relations with
one another and the policy of non-
interference in the internal affairs of other
countries and peaceful settlement of
interna. tional disputes and opposes the use
of force, or the threat or force, in the
relations among nations.
The Constitution does not imply, however,
that the Philippines is duty bound to
extend diplomatic recognition to all
nations. (see Sec. 7.)
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 State. Its goal
is to secure the sovereignty of the State
and the integrity of the national territory.
Supremacy of civilian authority over the
milltary.
(1) Inherent in a republican system. - The
basic tenet of the supremacy of civilian
authority, the highest of such authority
being the President, over the military
has always been recognized in our
jurisdiction by implication from
express provisions of the 1935
Constitution and by practice. This
deeply rooted political tradition is also
inherent in a republican system of
government. Nonetheless, the 1971
Constitutional Convention and the
1986 Constitutional Commission have
included the above provision as they
 felt the need for a clear expression in
the Charter concerning the supremacy
of the civilian authority over the
military at all times, particularly during
periods of martial law or suspension of
the privilege of the writ of habeas
corpus. (see Art. III, Sec. 15; Art. VII,
Sec.18.)
Even in war, the armed forces is
subordinate to civilian authority.
(2) A safeguard against military
dictatorship.
- A civilian, the President is the
commander-in-chief of all armed forces of
the Philippines (Ibid.) - the army, the navy,
and the air force. As commander-in-chief,
he issues orders to the armed forces. Even
the appointment of their high-ranking
officers is vested in the President with the
consent of the Commission on
Appointments of Congress. (Ibid., Sec.
16.) Along with Congress, the President
determines the military budget and defines
the national policy on defense and security.
This arrangement is considered an
important safeguard against the rise of
military dictatorship.
Armed Forces of the Philippines;
protector of the people and the
State.
(1) Fearsome image acquired during
martial rule. - Under a previous regime,
particularly during the early part of martial
law the Armed Forces of the Philippines
(AFP)' became a highly politicized
military. It acquired a fearsome image.
This was a contributory factor to the
failure of the government to contain the
growing insurgency problem. Rightly or
wrongly, it had been accused of having
committed, abetted, or tolerated numerous
violations of human rights both against
rebels and the civilian population. Among
the cases reported are unexplained or
forced disappearance, extrajudicial killings
(salvaging), massacres, tortures,
hamletting, and food blockades.?
(2) Constitutional mandates. - The
Constitution seeks to change this state of
affairs:
(a) Through Section 3 above, it defines
clearly the function of the Armed
Forces of the Philippines (AFP)
and its goal in the discharge of this
function. It shall be the protector of
the people® and the State to secure
the sovereignty of the State and the
integrity of the national territory.
This means fighting all forces,
internal or external, which seek to
overthrow the government, impair
the independence of the nation, or
dismember any portion of its
territory.
(b) Through another provision (see
Art. XVI, Sec. 5.), the Constitution
insures professionalism in the
armed forces and insulates it from
partisan politics. Furthermore, it
directs the State to "strengthen the
patriotic spirit and nationalist
consciousness of the military, and
respect for people's rights in the
performance of their duty."
(3) Support of the people. - Adherence
to these constitutional mandates is
essential if the AFP is to win "the hearts
and minds" of the people in the efforts to
resolve the long-drawn insurgency
problem and fulfill its crucial task as an
effective guardian of the nation's safety
against any threat to its existence, whether
from within or from without. The strength
of the armed forces, indeed, of our nation,
stems from the people.
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 re-
quired, under conditions provided by law,
to render personal military or civil service.
Prime duty of the Government.
Section 4 enunciates the first and foremost
duty of the Government - to serve and
protect the people. In our contemporary
setting, when the country is beset by
formidable social and economic problems
all demanding priority attention,
particularly the problems of mass poverty
and massive unemployment, the above
principle is most proper and timely. It is
consistent with the most basic democratic
tenet that the government exists for the
people and not the people for the
government.
The State fulfills this prime duty
by pursuing and implementing the
State Policies mandated by the
Constitution in Sections 7 to 28.
Defense of the State by the people
against foreign aggression.
While the defense of the State is no longer
the prime duty of the government, it may
call upon the people to defend the State.
(Sec. 4.) It is the people themselves who
ultimately have to defend the State in
times of war.
For self-preservation and to defend its
territorial honor and integrity, the
Philippines can engage in a defensive war.
In recognition of this fact, the Constitution
has provided for the above principle. The
defense of the State is one of the duties of
a citizen.
The term "people" may also include aliens
since they are likewise subject to
regulations adopted by the government for
the defense of the State.
The constitutional provision covers both
time of peace and time of war.
Military and civil service by the people.
(1) Defense of State performed
through an army. - The duty of the
government and the people to
defend the State cannot be
performed except through an army.
To leave the organization of an
army to the will of the citizens
would be to make this duty
excusable should there be no
sufficient men who volunteer to
enlist therein.? This principle is
reinforced by the provision on the
formation of a citizen armed force.
(see Art. XVI, Sec. 4.)
(2) Compulsory. - Thus, the citizens
may be compelled to render
personal military, or civil service.
Accordingly, the Supreme Court
upheld in a case the validity of the
National Defense Act requiring
 compulsory military service. Any
citizen recruited for the army or
civil service pursuant to law for the
defense of the State may not refuse
on the ground that to go to war is
against his religion. The
constitutional provision removes
all doubt as to the validity of such
law.
(3) Meaning of "civil service." — The
term, as used above, refers to any
service for the defense of the State
other than as soldiers, like as
workers in munition factories.
(4) Personal. - One cannot render the
service required through another.
The service must be "personal."
(5) By law. - The phrase "under
conditions provided by law" is
intended to prevent arbitrariness on
the part of certain officials to
require military or civil service.* It
seeks to emphasize the primordial
responsibility of the Government
"to serve and protect the people"
even when they are called upon" to
defend the State."
SECTION 5. The maintenance of
peace
and order, the protection of life, liberty,
and property, and the promotion of the
general welfare are essential for the
enjoyment by all the people of the
blessings of democracy.
Maintenance of peace and order, etc.
The State (Government) shall pursue the
maintenance of peace and order (see Art.
XVI, Sec. 6.), the protection of life, liberty
and property (see Art. III, Sec. 1.), and the
promotion of the general welfare or the
common good.'
Only when peace and order, security, and a
life of dignity (see Sec. 11.) are established
and maintained, will political stability and
economic prosperity become attainable
and the people truly enjoy the "blessings of
independence and democracy." (see
Preamble.) Democracy flourishes best
when peace and order reign and the rights
of the people are assured.
SECTION 6. The separation of Church
and
State shall be inviolable. Principle
of separation of the church and
State.
(1) Meaning. - The principle simply
means that the church is not to interfere in
purely political matters or temporal
aspects of man's life and the State, in
purely matters of religion and morals,
which are the exclusive concerns of the
other.! The demarcation line calls on the
two (2) institutions to
"render unto Ceasar the things that are
Ceasar's and unto God the things that are
God's." This is not as simple as it appears
for the exact dividing line between the
respective domains or jurisdictions of the
Church and the State has always been the
subject matter of much disagreement.
(2) Implied in other
constitutional provisions. - The
principle of the separation of Church and
State being inviolable (i.e., secured or
protected from violation)
is implied from the constitutional
prohibitions that "no law shall be
made respecting an establishment of
religion" (Art. III, Sec. 5.) and that "no No hostility towards religion.
public money or property shall ever be
appropriated, applied, paid, (1) Preamble. - The command that Church
or employed, directly or indirectly, and State be separate is not to be
for the use, benefit, or support interpreted to mean hostility to
of any sect, church, religion.
denomination, sectarian institution or
system of religion." (Art. VI, Sec. 29[2].)
In so far as religion instills into the minds
Section 6 merely affirms this old
the purest principles of morality, its
constitutional principle.
influence is deeply felt and highly
appreciated. As a matter of fact, the
The term "Church," as used in the Preamble of the Constitution starts with
Constitution, covers all religious these words: "We, the sovereign Filipino
institutions or faiths. people, imploring the aid of Almighty
God..." With these words, the Filipino
Meaning of "establishment people "manifested their intense religious
of religion clause." nature and placed unfaltering reliance
upon him who guides the destinies of men
and
The phrase "no law respecting
nations.'
an establishment of religion" has been
referred to as the "establishment of religion
clause." In the words of Thomas Jefferson, (2) Other provisions/laws. - Furthermore:
using a metaphor, this clause was intended
to erect "a wall of separation between the (a) Our Constitution and laws exempt from
Church and the State." And it means that: taxation, properties devoted exclusively to
religious purposes (Art.VI, Sec. 28(3].);
(1) The State shall have no (b) The use of public money or property is
official religion; not prohibited when a priest, preacher or
(2) The State cannot set up a church, dignitary as such is assigned to the armed
whether or not supported with forces, or to any penal institution or
public funds; nor aid one religion, government orphanage or leprosarium
aid all religions (see Art. VI, Sec. (Art. VI, Sec. 29[2].);
29(2].), or prefer one religion over (c) Optional religious instruction in
another; public elementary and high schools is by
(3) Every person is free to profess constitutional mandate allowed (Art.XIV,
belief or disbelief in any religion; Sec. 3[3].);
(4) Every religious minister is free to (d) Maundy Thursday (movable date)
practice his calling; and and Good Friday (movable date) of Holy
(5) The State cannot punish a person Week, Christmas Day (Dec. 25), Sundays
for entertaining or professing and all Saints Dạy (Nov. 1) are made
religious beliefs or disbeliefs. nationwide legal holidays® because of the
secular idea that their observance is
conducive to
beneficial moral results; and
(e) The law punishes polygamy and
bigamy, and cer. tain crimes against
religious worship are considered crimes
against the fundamental laws of the State.
Within the limits prescribed by the
principle of separation of Church and
State, these two (2) great entities could
work together in harmony to serve the
welfare of the people." 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.
Foreign policy of the Philippines.
Foreign policy is the basic direction
underlying the conduct by a State of its
affairs vis-á-vis those of other States. It is
a set of guidelines followed by a
government of a country in order to
promote its national interest through the
conduct of its relations with other
countries.
(1) Formulation and conduct of foreign
policy. - The President has been
referred to as the chief architect of the
nation's foreign policy. While the
President may be our "top diplomat,"
foreign policy making is not entrusted
solely with him. Under our
constitutional system, Congress shares
with the President the responsibility of
formulating the countrys foreign policy
although the conduct thereof is
primarily reposed in the executive
department. (see Art. VII, Sec. 21.)
The President formulates our foreign
policy principally with the help of the
Department of Foreign Affairs.
(2) An instrument of domestic policy. Its
importance in the survival and
progress of a country cannot be over-
emphasized. It is the sole weapon of a
State for the promotion of national
interest in international affairs. Thus,
foreign policy is but a reflection and an
instrument of domestic policy, the
former being related to and dictated by
the latter.
They are not only mutually
consistent but complementary.'
(3) Pursuit of an independent foreign
policy. - The Constitution mandates the
State to pursue an independent foreign
policy,? aware of the unwelcome
consequences of a policy characterized
by excessive dependence on another
country.
(a) An independent foreign policy simply
means one that is not subordinate or
subject to nor dependent upon the
support of another government. An
independent nation rejects foreign
dictation and decides for itself what the
national interest is and how it is to be
promoted and pro-tected.
(b) An independent foreign policy,
however, it is not one that completely
rejects advice or assistance from with-
out. Neither does it mean abandoning
traditional allies or being isolated from
the international community. To be re-
alistic, a foreign policy must have a
global outlook in view of the
deleterious effect on the country's
relations with other countries of a
 foreign policy that revolves only on
our relations with select members of
the international commu-nity. Being a
small developing nation, we must
make no enemy if we can make a
friend
(4) Basic foreign policy objective. - In
general, our basic foreign policy
objective is to establish friendly
relations with all countries of the
world regardless of race, religion,
ideology, and social system and to
promote as much beneficial
relations with them particularly in
economic and trade activities and
to pursue Philippine interests in
multilateral organizations.
(5) Paramount consideration. -
The
Constitution
recognizes that in the pursuit of an
independent foreign policy in an
interdependent world, new realities and
new situations may require the Philippines
to make a reappraisal of the conduct of its
foreign relations. Independence in the
making and conduct of foreign policy is
relative. The national interest will not be
served by trying to deal with regional and
international issues in absolute terms. Ours
must be a policy of flexibility and
pragmatism guided only by the welfare of
our people and the security of our
Republic.
In its relations with other states, the
paramount consideration of the Philippines
shall be national sovereignty, territorial
integrity, national interest, and the right to
self. determination.^ (Sec. 7.)
SECTION 8. The Philippines, consistent
with the national interest, adopts and
pursues a policy of freedom from nuclear
weapons in its territory.
Freedom from nuclear
weapons policy.
(1) Aim of provision. - The intent of
Section 8 is to forbid the making, storing,
manufacture or testing in our country of
nuclear weapons, devices or parts thereof
as well as the use of our territory as
dumping site for radioactive wastes and
the transit within our territory of ships or
planes with nuclear weapons. It does not,
however, prohibit the use of nuclear
energy for medicine, agriculture, and other
peaceful or beneficial purposes.
Congress will have to provide the
mechanics to effectively implement
Section 8.
(2) Ban on nuclear weapons as subject
to exception. — The records of the
Constitutional Commission' support
the position that Section 8 does not
absolutely ban nuclear weapons from
Philippine territory. The phrase "consistent
with the national interest," may reasonably
be interpreted to mean "subject to national
interest."
In other words, if the national interest so
dictates, the storing of nuclear weapons in
our territory may be permitted at least on a
transitory basis, considering that it was not
prohibited under the then existing military
bases agreement with the United States
whose validity and term of effectivity until
1991 are implicitly recognized by the
Constitution. (see Art. XVIII, Sec. 25.)
(3) Ban as an absolute prohibition. - The
phraseology, however, of Section 8 may be
understood as providing no qualification,
exception, or condition if the phrase
"consistent with national interest is taken
as the reason for the policy, that is, the
Philippines "adopts and pursues" the
policy because it is consistent with
national interest. The Constitution itself
bans nuclear weapons as a policy and
precisely emphasizes that such policy is
"consistent with the national interest."
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.
Just and dynamic social order.
(1) Policies necessary to be pursued. -
The State shall promote a just and
dynamic social order. This is accomplished
through policies that provide adequate
social services (in the field of health,
education, housing, etc.), promote full
employment (see Art. XII, Sec. 1, par. 2;
Art. XIII, Sec. 3, par.
), a rising standard of living, and an
improved quality of life for all. (Ibid.,
Sec.1.)
(2) Solving the problem of mass
poverty. The Preamble calls for the
establishment of a "just and humane
society" and a government that shall
"promote the common good." Such a
society must insure the prosperity and
independence of the nation and free the
underprivileged and the marginalized
sectors of our population from poverty.
The goal is to reduce the political and
economic power of a privileged few by
equalizing widely differing standards and
opportunities for advancement and to raise
the masses of our people from a life of
misery and deprivation to a qualitative life
worthy of human dignity and respect.' The
concept of "common good" now enshrined
in the Preamble which the government
shall promote contemplates a society
where every member is given every
opportunity to attain his or her fullest
development — culturally and spiritually.
With the eradication of mass poverty, the
State solves at the same time a chain of
social problems that comes with it: social
unrest, breakdown of family systems,
diseases, ignorance, criminality, and low
productivity?
SECTION 10. The State shall promote
social justice in all phases of national
development.
Social justice.
This policy mandates the State to promote
social justice in all phases of national
development. In the fulfillment of this
duty, the State must give preferential
attention to the welfare of the less
fortunate members of the community - the
poor, the unschooled, the disabled, the
underprivileged - those who have less in
life.'
It is discussed fully under Article XIII
(Social Justice and Human Rights).
SECTION 11. The State values the dignity
of every human person and guarantees full
respect for human rights.
Human dignity and human rights.
(1) Belief in inherent dignity of every
human person, basis of human rights. - A
human person is a being and not a thing.
He is entitled to respect, not because he is
right or wrong but because he is human.
In a democratic state, the individual enjoys
certain rights which cannot be modified or
taken away by the lawmaking body. These
rights are protected or guaranteed because
of the belief in the inherent dignity and
basic moral worth of every human person,
regardless of race, color, sex, creed,
culture, national or social origin, or station
of life. Implied in this principle or policy is
the recognition that the human person is
the end and purpose of every social
organization, the State included.
(2) Duty of the State. - The value
accorded to human dignity is measured by
the extent of respect for human rights,
principally the rights to life (includes
security), liberty and property.? (Art. III,
Sec. 1.)
In pursuit of this constitutional policy, it is
the duty of the State to enact measures and
develop programs that will promote human
dignity and safeguard the rights of the
people from any threat of violence or use
of force, deception or any other extra-legal
means for the purpose of exploitation or in
the pursuit of wicked ends.
(3) Violation of human rights debases
human dignity. - A person's humanity is
never more debased than when these rights
are violated, one way or another, with
impunity. Respect for each other human
rights on the basis of equality and
individual responsibility is not only a
moral obligation but so imperative if we
are to live peacefully in today's world
where interests are diverse and often
conflicting.
This topic is discussed at length under
Article III (Bill of Rights) and Article XIII
(Social Justice and Human Rights).
SECTION 12. The State recognizes
the
sanctity of family life and shall protect and
strengthen the family as a basic
autonomous social institution. It shall
equally protect the life of the mother and
the life of the unborn from conception. The
natural and primary right and duty of
parents in the rearing of the youth for civic
efficiency and the development of moral
character shall receive the support of the
Government.
Strengthening the family as a basic
autonomous social institution.
The above declaration, not only has given
constitutional basis to the family as a basic
autonomous social institution. In addition,
it mandates the State to recognize the
sacredness of family life and to look up for
ways to strengthen the family. (see Art.
XV.) Under the provision, the government
may not enact. any law or initiate
measures that would break up or weaken
the family as a social unit, or in the guise
of protecting the family, interfere in purely
internal family matters which do not
involve the social order or any public
policy.
Right to life of the unborn from
conception and of the mother.
(1) Commencement of life. - Human
life is commonly believed to begin from
the moment of conception when the
female egg and the male sperm merge at
fertilization. From that moment, a new life
is formed and starts to grow as any living
being, the unborn human embryo in the
maternal womb is considered a whole,
separate human being and, truth to tell,
most defenseless one. He has a basic
human right to life which the State is
enjoined to protect, along with infants and
children. (Sec. 12.)
In short, once conceived, the unborn child
is a living person with the right to be born
and the right to live and must be given the
consequent respect and dignity.
(2) Ban on abortion. - Section 12, in
categorically mandating the protection. of
the unborn, prevents the possibility of
abortion being legalized by future
legislation. It is a permanent guarantee
against any law or judicial decree
permitting abortion which is inherently
evil as it involves the killing of a
defenseless human being in the womb of
the mother. It pro-claims, together with
other provisions (Art. II, Secs. 10, 15, 16;
Art. III, Secs. 1, 19[1].), the Constitution's
recognition of the sacred and inviolable
character of every human life from its
beginning until its natural end.
(3) Saving life of mother. - The State
has still another compelling interest aside
from the right to life of the unborn
- the health of the mother whose life it
shall equally protect.^ (Ibid.) The sacrifice
of the life of the unborn when medically
established as necessary to save the life of
the mother is not abortion.
Rearing of the youth for civic e ciency
and development of moral character.
(1) A duty both of parents and
government. - The common welfare of
society as well as the good of the
individual depends to a great extent
upon the proper education and training
of children. The youth of today will be
tomorrow's citizens. These citizens will
be as they have been prepared and
guided in their youth. The government,
therefore, should equally share in the
inherent right and duty of parents in
the training of their children to be
good, useful, and worthy citizens by
giving them support to prepare their
children for future positions of
responsibility and leadership.
(2) Right of State to interfere with
education of children. - The above
provision must not, however, be
interpreted to mean that, as in a
totalitarian State, the children will be
considered the property of the State.
So, the State cannot by law compel the
parents to make their children accept
instruction in public schools only. Such
a law constitutes an unreasonable
interference with the liberty of parents
to direct the upbringing and education
of children under their control. The
child is not a mere creation of the
State.
(3) Power of State to regulate all schools. - encourage their involvement in public and
The State, however, has the power civic affairs.
reasonably to regulate all schools, their
teachers and pupils; to require that all Role of the youth in nation-
children of proper age attend school, building.
that teachers shall be of good moral The above declaration is related to the
character and patriotic disposition, that preceding provision.
certain studies plainly essential to good
citizenship must be taught, and that (1) Today's youth, more
nothing be taught which is manifestly knowledgeable and intelligent. - The bulk
inimical to public welfare.° (see Art. of our population is made up of the youth,
XIV, Sec. 3[2].) nearly half of it comprising the very young
(4) The State and parental obligations. — people who are 15 years old or younger.
While the natural (i.e., not created by
State law) and primary responsibility
Compared to previous generations, today's
for educating the child rests in the
younger citizenry are better educated and
family, the State also has a distinct
far more well-informed and articulate and
interest in this matter since a proper
politically conscious, mainly due to easier
education - humanistic, vocational,
access to information, particularly through
moral, religious, civic - is necessary
television, internet, cellphone and other
for social well-being. It is, therefore,
forms of technology. They are tech savvy
the duty of the State to see that these
and discerning. The so-called "generation
obligations are fulfilled by parents
gap" doesn't exist anymore. Old and young
(through such means as compulsory
share the same information, exchanging
education laws), and to supply the
opinions and ideas, and discussing issues
essential educational facilities which
and concerns in their blogs and social
private initiative is unable to furnish.
network. No less than the Constitution
(5) Duty of State to encourage educational
recognizes this in the provision reducing
institutions. - Viewed in this light, the
the voting age from 21 to 18. (Art. V, Sec.
State should encourage rather than
1.)
hinder the operation of private and
parochial schools so long as these
(2) Duty of the State. - The youth
schools meet the secular educational
constitute a rich reservoir of productive
requirements which the government
manpower, being the largest sector of
has the authority to impose.?
Philippine society. Recognizing their vital
role in shaping the country's destiny, the
SECTION 13. The State recognizes
Constitution lends its support to the
the
promotion of their welfare.
vital role of the youth in nation-building
and shall promote and protect their (a) It is made the constitutional duty of
physical, moral, spiritual, intel-lectual, and the State to promote and protect the
social well-being. It shall inculcate in the well-being of the youth to enable
youth patriotism and nationalism, and them to develop physically,
 morally, spiritually, intellectu-ally,
and socially, in a wholesome and
normal manner, and thus, transform
them into healthy, upright,
intelligent, and useful citizens and
potential community leaders.
(b) It shall inculcate in the youth,
patriotism and nationalism (Art.
XIV, Sec. 3[2].), promote positive
personal and social values among
them, and encourage their active
involvement and participation (e.g.,
by giving them representation) in
public and civic affairs (Sec. 13.)
to fullest extent possible.
(3) Today's youth, tomorrow's leaders.
- By harnessing their enterprising spirit
and progressive idealism, and inspiring in
them a sense of genuine interest and
responsibility for our country's welfare,
young people can become effective
players in our collective effort to build a
modern Philippines. If they are properly
trained and guided, they will in time
assume with dignity and honor the places
of their elders in the high councils of the
nation.
Our youth are the nation's most valuable
resource and asset. On their shoulders rest
the success of all efforts to build our nation
into a strong republic. They are our hope;
they are our future — the nation's future in
fact. To be sure, our country belongs to
them; our present leaders merely
administer it for them in the meantime.
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.
Role of women in nation-building.
(1) Proven capabilities of Filipino
women. Our history shows that our
women, past and present, have ably
proven their capabilities in all fields
of human endeavor - in private
business, in the professions, in the
arts, in education, in civic work, and
in public service - even in positions of
international leadership such as in the
United Nations and other
international organizations. Filipino
heroines who figured prominently,
and participated actively in
recovering our freedom from foreign
rule are not few. They fought with
courage and dedication along
sidemen in the struggle for Philippine
independence against a colonial
master and, during the last war, in the
battles for liberation against a foreign
invader. In the recent past, they were
in the forefront of movements for the
restoration of democratic processes in
our land against a discredited regime
which finally culminated in its
overthrow.
Today, Filipino women have been
involving themselves in worthy causes and
activities of national concerns. They have
always been ready to heed the country's
call to service with two of them having
steered the nation's ship of state.' They
help shape a better future for all Filipinos.
It can safely be said that the Philippines is
well ahead of many other countries of the
world in terms of leadership roles of
Filipino women both at home and abroad.
Many Filipinos stand out among the
women of the world as being especially
educated, talented, and liberated.
(2) Expansion of women's
role. - The
Constitution gives recognition to the
special role Filipino women have played
and continue to play as partners in the task
of nation-building. They have a greater
role in society today than just being good
wives and teachers. They constitute more
than one-half of the population, a powerful
political and economic force indeed in
Philippine society. By sheer force of
number alone, it is only. right that their
voice be heard on matters affecting their
welfare and the country as a whole. It is
simple justice that they be given a
legitimate share with men in leadership
and major decision-making process, at all
levels and in all spheres of human activity
outside their homes.?
The traditional view that the role of
women is primarily child-bearing and
child-rearing and performing household
chores should be abandoned. While the
social role of women as mothers and
household managers is recognized, the
State should formulate strategies to expand
women's participation in non-household
and productive activities and thus make
them direct contributors to the country's
economic growth.
(3) Equality with men before the law. -
Men and women are fundamentally
equal. Yet positions of responsibility
and authority in corporate, and
political life continue to be
denominated by men. As a rule,
women have narrower occupational
choices and have lower earnings than
men. It is the duty of the State to
ensure that equality before the law in
all aspects of national life by
rectifying or ending all practices and
systems that are disadvantageous to
women or discriminate against them
by reason merely of sex where it is
not a relevant factor in making a
distinction.
In economic life, for instance, the State
must promote and uphold the equality of
men and women in employment, terms of
employment, opportunities for promotion,
the practice of profession, the acquisition,
control, and disposition of their property,
pursuit of business, etc. In certain
situations, they are entitled to special
protection from the State. (see Art. XIII,
Sec. 14.)
SECTION 15. The State shall protect and
promote the right to health of the people
and instill health consciousness among
them.
Right of the people to health.
Holistically defined, health is the state of
physical, social, and mental well-being
rather than merely the absence of physical
diseases.
The Constitution imposes on the State the
obligation to promote and protect the right
of the people to health. To better fulfill this
mandate, it must instill health
consciousness among the people.
This topic is discussed lengthily under
Article XIII (Social Justice and Human
Rights), Sections 11 to 13.
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.
Right of the people to a balanced and
healthful ecology.
Ecology is that branch of science that deals
with the study of the interrelationships of
living things (organisms, plants and
animals) and their environments. (see Art.
XII, Sec.
3.)
(1) Causes of environmental
degradation. The Constitu-tion, in Section
16, takes cognizance of the continuing
degradation of the Philippine environment
which has become a matter of national
concern caused by rapid urbanization
migration of people from rural areas to
urban centers), industrial growth,
population expansion, natural resources
utilization, the use of modern technology,
and other socio-economic factors. Con-
sequently, the need for an environmental
protection program to prevent further
injury and/or damage to plant and animal
life and property and, more important, to
protect human life, health, and safety.
(2) Effect on quality of life. - Many
people today are unable to live in dignity
as human beings because they cannot
acquire the necessary food, housing,
health, sanitation, and education as a result
of the deterioration of the environment.
The quality of life of the people cannot
advance unless the living environment is
nurtured and valuable natural resources are
protected and preserved.
(3) Relationship between development
and environment. - The lessons drawn
from ecological studies in the United
Nations show that political, social, and
economic growth and development are
crucially dependent upon the state of the
human environment. For this reason, the
improvement of the quality of our
environment should occupy a higher place
in the scheme of priorities of every
country especially the industrialized
nations. A strong, vigorous economy, and a
healthy sustainable environment can go
hand-in-hand.
SECTION 17. The State shall give
priority to edu-cation, science and
technology, arts, culture, and sports to
foster patriotism and nationalism,
accelerate social progress, and promote
total human liberation and development.
Priority to education, science and
technology, arts, culture, and sports.
This topic is discussed under Article XIV
with the above subjects as title.
SECTION 18. The State affirms labor as a
primary social economic force. It shall
protect the rights of workers and promote
their welfare.
Labor as a primary social economic
force.
This topic is discussed under Article XIII
(Social Justice and Human Rights),
Section
3.
SECTION 19. The State shall develop a
self-reliant and independent national
economy effectively controlled by (2) Principle of subsidiarity. - Under
Filipinos. this principle adopted by the Constitution
in the above provision, the government
Self-reliant and independent national should not engage in particular business
economy. activities which can be competently and
efficiently undertaken by the private sector
Section 19 states the constitutional unless the latter is timid or does not want
guidelines in the development of the to enter into a specific industry or
economy: economic self-reliance, enterprise. (see Art. XII, Secs. 6, 16.)
independent national economy, and
effective Filipino control of the econo-my. The government was not
established to engage in business. The
This topic is discussed in detail under duty of the State is to make the economy a
Article XII (National Economy and system for free and private enterprise with
Patrimony), Section 1. the least government intervention in
business affairs to create and maintain
an environment that sustains
SECTION 20. The State recognizes the
healthy business competition.
indispensable role of the private sector,
encourages private enterprise, and
This topic is discussed fully under Article
provides incentives to needed investments.
XII (National Economy and Patrimony),
Sections 1, 2, 6, 10, 16, 17, and 18.
Role of the private sector in the
economy.
SECTION 21. The State shall
promote comprehensive rural
(1) Encouragement of private development and agrarian reform.
enterprise. - In recognition of the
indispensable role of the private sector as
Comprehensive rural development and
the main engine of economic
agrarian reform.
development, the State is mandated to
encourage private enterprise and to
provide incentives to needed investments, "Comprehensive rural development"
whether local or foreign. covers all phases of rural
development — economic, social,
political, cultural, and even
The Constitution does not favor an
industrial.
economy managed or controlled
by the State. Government is
often considered a poor This topic is discussed under Article XIII
manager. Controls breed (Social Justice and Human Rights),
corruption and discourage Sections 4 to 8 and Article XII (National
business. They play favorites, Economy and Patrimony), Section 1.
thus discouraging those not favored.
SECTION 22. The State recognizes and
promotes the rights of indigenous cultural
communities within the framework
of national unity and de-velopment.
Indigenous cultural communities.
(1) Meaning. - As used in the
Constitution, the term "indigenous cultural
communities" refers to those non-
dominant groups' in our country which
possess and wish to preserve ethnic,
religious, or linguistic traditions or
characteristics markedly different from the
rest of the population.
(2) Rights. - Section 22 recognizes
constitutionally the existence and the
rights of the indigenous cultural
communities. They are entitled to the full
enjoyment, both as a group and as
individuals, of all the human rights
recognized in the Constitution. The
provision also directs the State to promote
their rights within the framework of
national unity and development. Thus, the
State is bound to consider the customs,
traditions, beliefs and interests of
indigenous cultural minorities in the
formulation and implementation of state
policies and programs with full respect to
their dignity, uniqueness, and human
rights. In a multi-ethnic society like ours,
the above provision is necessary in
promoting the goal of national unity and
development. (see Art. XVI, Sec. 12.)
Under the provision, the government may
even enact laws especially for them taking
into account their customs, traditions,
beliefs, and interests,5 while retaining their
rights to participate fully, if they so
choose, in the political economic, social,
and cultural life of the State.
SECTION 23. The State shall encourage
non-gov-ernmental, community based, or
sectoral organizations that promote the
welfare of the nation.
Non-governmental, community-based
or sectoral organizations.
The State is required to encourage these
private, non-profit, voluntary organizations
(of late, referred to as social enterprises)
because events have shown that, under
responsible leadership, they can be active
contributors to the political, social, and
economic growth of the country. It should
refrain from any actuation that would tend
to interfere or subvert the rights of these
organizations which in the words of the
Constitution are community-based or
sectoral organizations that promote the
welfare of the nation.
The resources of the government may be
limited but it could tap civic-minded
citizens and social organizations or
enterprises as its partners by harnessing
voluntary efforts and vast resources in
programs and projects designed primarily
to uplift the lot of marginalized sectors in
our society. (see Art. XIII, Sec. 1.) The
distinguishing mark of social enterprises is
that they exist to bring financial benefit not
to their founders on shareholders but to
serve others who need help in the
community in which they operate. Social
entrepreneurs are businessmen who apply
the principles of business for the dual
purpose of profit and finding solutions to
social problems (e.g., providing loans,
decent houses, jobs, etc.)
This topic is discussed at length under
Article XIII (Social Justice and Human
Rights), Sections 15 and 16 which
categorically state the role and rights of
people's organizations as vehicles to
enable the people to participate and
intervene meaningfully and effectively in
decisions which directly affect their lives.
SECTION 24. The State recognizes
the
vital role of communication and
information in nation-build-ing.
Vital role of communication and
information in nation-building.
(1) Dissemination of news information
to the public. - Communication and
information, as used above, include not
only print or broadcast media (radio and
television) but also motion pictures,
advertising, cable, telephone, and
telegraph.' Those means of communication
designed to gather and convey news or
information to the public are called mass
media because they reach the mass of the
people. (see Art. XVI, Sec. 11[1].)
That they play a critical role in nation-
building is very obvious. Through these
media, news, messages, and ideas are
exchanged and recorded. The newest
version for private communication is the
cellphone.
(2) Formation of an enlightened
citizenry. Mass media shape people's
thoughts and beliefs, their attitudes and
values. In a country like the Philippines
composed of people with diverse cultures,
they can be an effective instrument in
promoting national integration and
preserving Filipino values and traditions.
By educating the citizenry on important
public issues, they also help create a
strong, vigilant, and enlightened public
opinion so essential to the successful
operation of a republican democracy. They
promote positive values that can propel a
nation to grow and progress.
(3) Promotion of efficiency and
economy in government and business. -
Information and communication can be
used to link our geographically dispersed
population and help effect faster delivery
of educational, medical, and other public
services in remote areas of the country. In
any organization, ready information
maximizes internal efficiency. Particularly
in business, it reduces cost of production
and services.
(4) Development of society. — On the
material side, it is difficult to imagine a
progressive country, in today's world of
high-tech computers, Internet, cyberspace
and information highways, with antiquated
communication and information
structures. In the last few years, the world
has witnessed a steady stream of
sensational progress in this field. With the
advent of cyberspace technology, mass
communication can now reach even the
most isolated communities on earth.
Events on one part of the world are flashed
at once over the rest of the global
communities. The popular use of mobile
phones and easy access to the Internet
have facilitated real time communication
practically anywhere on the globe. It has
already made our globe a much smaller
place in terms of communication and
information dissemination.
The Philippines must keep abreast of
communication innovations but at the
same time be selective and discriminating
to insure that only those "suitable to the
needs and aspirations of the nation" (Ibid.;
Sec. 10.) are adapted. Utilized and
managed wisely and efficiently,
communication and information are very
useful tools for the economic, social,
cultural, and political development of
society.
SECTION 25. The State shall ensure the
autonomy of local governments.
Autonomy of local governments.
This topic is discussed in Article X (Local
Government).
SECTION 26. The State shall guarantee
equal access to opportunities for public
service, and prohibit political dynasties as
may be defined by law.
Equal access to opportunities for public
service.
This topic is also discussed under Article
VI
(Legislative Department), Sections 4, 5,
and
7 and Article X (Local Government),
Section 8. Additionally:
(1) Limitation of terms of office. - The
provisions limiting the terms of office of
elective officials (President, Vice Presi-
dent, Senators, Representatives, and local
officials) enhance equal access to political
opportunities although they may not
completely do away with the evils
spawned by political dynasties that
proliferated in the country in the past.
With his political and economic resources,
an elective official can have a close kin or
trusted follower run for the same position
and continue to exercise control through
the latter; and then be a candidate again
for the same position in the next or
succeeding elections. Hence, the need for
a declaration expressly prohibiting
political dynasties:
(2) Prohibition of political dynasties. -
The constitutional policy on the
prohibition of political dynasties expresses
a national commitment to democratize
election and appointment to positions in
the government and eliminate a principal
obstacle to "equal access to opportunities
for public service." It is not uncommon to
have most of the top elective positions in a
province or city down to the barangays
occupied by one family and close relatives
of the family members. Political families
form husband-wife teams, or father-
mother, son-daughter teams and hold to
elective positions alternately for decades.
The dominance of political families in the
past and after EDSA 1 and 2 not only kept
more deserving but poor individuals from
running or winning in elections. It also
enabled powerful and affluent politicians
to corner appointive positions for their
relatives and followers as if they alone are
gifted with the ability to serve the country.
(3) Prohibition constitutionally
mandated. The law implementing the
constitutional policy shall define what
constitutes political dynasties, having in
mind the evils sought to be eradicated and
the need to insure the widest possible base
for the selection of elective government
officials regardless of political, economic,
and social status.
Note that the State is expressly mandated
to prohibit "political dynasties." Congress
has no discretion on the matter except
merely to spell out the meaning and scope
of the term.
SECTION 27. The State shall maintain
honesty and integrity in the public service
and take positive and effective measures
against graft and corrup-tion.
Honesty and integrity in public Service.
(1) The perennial problem of graft and
corruption. - Corruption undermines the
quality of life for people especially in poor
countries.' It is a deterrent to rapid
economic growth and a disincentive to
business ventures/expansion, especially
foreign direct investments. (Art. XII, Sec.
10.) It is the archenemy of development
and good government.
In the Philippines, every new
administration since the postwar period
has made a pledge to eradicate graft and
corruption in government. The fact is that
corruption is not the monopoly of any one
administration. It has been with us for
generations. The popular perception,
however, is that this baneful ill has even
grown more rampant and sophisticated
through the years. To be sure, the above
provision was incorporated in the
Constitution because of revelations of
"unprecedented magnitude" of graft and
corruption allegedly perpetrated by
officials in the highest circle of the
government during a previous regime.
(2) Ways to attack problem. - The
malady of graft and corruption must be
eliminated or at least minimized to a
tolerable degree because of the staggering
amount of public money that has been lost
through it.
What is needed is moral leadership by
example on the part of the top officials in
the government and a continuing,
uncompromising, well-coordinated
campaign against all forms of dishonesty
and venality in the public service which
have • considerably slowed down the
socio-economic progress of our country.
Having honest Presidents with the best of
intentions is not enough to reduce
corruption to minimal proportion. This
perennial problem cannot be solved by
mere empty promises and congressional
inquiries, but by prosecuting without fear
or favor and putting behind bars so-called
"big fishes" found to be involved as
concrete examples of the government's
determination to achieve decency in the
public service.
Any campaign against this scourge of
society will be máde more effective if
accompanied by a morality crusade.
(3) Need for honesty and integrity in
public service. - There is a clear
correlation between corruption in
government and national development.
The fulfillment of the constitutional
mandate will go a long way in
strengthening the people's trust in the
government and its leaders. It will also
ensure the efficient use of meager
resources available for financing vital
projects and programs especially those that
address the grave problems of
unemployment, poverty, low. agricultural
productivity, and other concerns that
impact on the quality of life of the poor.
This topic is further elaborated under
Article XI (Accountability of Public
Officers), Sections 1 and 2.
those involving expenditures of public
funds. The law, however, may prescribe
reasonable conditions for the disclosure to
guard against improper or unjustified
exercise of the right.
The policy will not apply to records
involving the security of the State or which
are confidential in character. (see Art. III,
Sec. 7.)

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.

Full disclosure by the State of all its

transactions.

The policy of full disclosure is in line with

the constitutional mandate of an open,
accountable, and transparent government.
(see Art. VI, Secs. 12, 16[4], 20; Art. VII,
Secs. 12, 13[par. 1], 20; Art. IX, D-Sec. 3;
Art. XI, Sec. 17; Art. XVI, Sec. 10.)

(1) Duty of the State. — Section 7 of

the Bill of Rights (Art. III.) guarantees the
people's right of information on matters of
public concern and access to records
pertaining to official transactions of the
government. On the other hand, Section 28
requires the State to make public its
transactions without demand from
individual citizens. It stresses the duty of
the State to release the information.

(2) Transactions covered. - The policy

covers all State transactions involving
public interest, i.e., transactions which the
people have a right to know particularly