1987 Constitution

DOCTRINE OF CONSITUTIONAL SUPREMACY

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 a private
person, is null and void and without any force or
effect. The Constitution us the fundamental and
supreme law of the land, it is deemed written in
every statute ad contract.
Article 2
Declaration of Principles
and
State Policies
Why is Article 2 important?
 Importance of Article 2
• 1. To shed light on the meaning of the other
provisions of the Constitution.
• 2. To guide all departments in the
implementation of the Constitution.
• 3. Directed to lay down the primary rules
characterizing our government system.
 Qualities of the Provisions in Article 2

• The provisions in Article 2 are non-executory.

• Non-executory quality of the provisions means
that the provisions ‘do not embody judicially
enforceable constitutional rights.’
If they are not executory, then how can we use
the provisions in Article 2?
Non-Executory Provisions
• The provisions to take effect and affect in the
Philippine Society, they need to have an
enabling law.
• An enabling law contains the definition of the
law, how it will be implemented and what
agencies will implement the spirit of the law.
 Article 2, Section 14

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

 Section 1
• “The Philippines is a democratic and
republican State. Sovereignty resides in the
people and all government authority emanates
from them.”
Section 1
• The Philippines is a democratic and republican
state.
• A Republican state is characterized by a
representative government.
• People elect a group of public officers derive
their power and authority from the people and
they should serve on their behalf.
“Government of the people,
by the people, for the
people, shall not perish
from the earth.”
Abraham Lincoln
Gettysburg Address
 Realities of a
Democratic and Republican State
Realities of a Democratic and Republican
State
• 1. Existence of the Bill of Rights
• 2. Observance of the principle that Congress
cannot pass irreparable laws.
• 3. The observances of the principle that the
State cannot be sued without its consent.
• 4. The observance of the rule of majority.
• 5. The observance of the principle that, “ours
is a government of law, not of men.”
Realities of a Democratic and Republican
State

• 6. The observance of the principle of separation of

power and of checks and balances.
• 7. The observance of the law of public officers
known as administrative laws.
• 8. The observance of election through popular will
or the right of suffrage.
• 9. Supremacy of civilian authority over the
military.
• 10. Separation of Church and State.
 Section 2
• “The Philippines renounces war as an
instrument of national policy, adopts the
generally accepted principles of international
law as part of the law of the land and adheres
to the policy of peace, equality, justice,
freedom, cooperation and amity with all
nations.”
War
• An organized, armed, prolonged conflict
between nation-states, typified by extreme
aggression, social disruption and high
mortality.

Aftermath of the Marawi Siege in 2017

Philippines and War
• There are two kinds of war:
– A. Offensive war
• one nation-state initiates the will to go to war
– B. Defensive War
• one nation state protects its sovereignty by declaring an
existence of war
• What we renounce is offensive war.
 Section 3
• “Civilian authority is, at all times, supreme
over the military. The Armed Forces of the
Philippines is the protector of the people and
the State. Its goal is to secure the sovereignty
of the State and the integrity of the national
territory.”
Civilian Authority over Military
• The military is always subservient to a civilian
head of government.
• The president, the embodiment of the will and
aspiration of the people, is the leader of the
Armed Forces, and is rightly called as the
“Commander-in-Chief” of the Armed Forces
of the Philippines.
 Section 4
• “The prime duty of the Government is to serve
and protect the people. The Government may
call upon the people to defend the State and, in
the fulfillment thereof, all citizens may be
required, under conditions provided by law, to
render personal, military or civil service.”
What happens if the Government is
insensitive to the needs of the governed?
Government and People
• If the government becomes insensitive to the
governed, the people has the right to abolish
the government and establish a new one.
• Either through proper procedures (elections,
recall) or through procedures not ascribed in
the constitution (revolution).
• Although, the latter is not recommended.
Government and Existence
• As a creation of man, the nation-state’s
existence is temporary, and is not permanent.
Thus, a nation-state has an inherent right to
self-preservation and existence.
• In case of invasion, war, the State may call on
its people to defend the state.
RA 9163
• “National Service Training Program (NSTP)
Act of 2001”
• Youth renders service to the Government
through:
Reserve Officers' Training Corps (ROTC)
 Section 5
• “The maintenance of peace and order, the
protection of life, liberty, and property, and
promotion of the general welfare are essential
for the enjoyment by all the people of the
blessings of democracy.”
 Section 6
• “The separation of Church and State shall be
inviolable.”

Caricature detailing the complex relationship of the separation of the Church and State
Church and State
• 1. The state shall have no official religion.
• 2. The state can’t set up a church.
• 3. Everyone is free to profess belief or
disbeleif on any religion.
• 4. Every religious minister is free to practice
his calling.
• 5. That state can’t punish person (s) because of
their faith.
Church and State
• 6. Religious sect can’t be registered as a
political party.
• 7. No sectoral representatives from the
religious sector.
• Prohibition against appropriation for sectarian
benefits.
 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.”
What is a foreign policy?
Foreign Policy
• Foreign policy are basic rules underlying the
conduct by a state of its affairs with any other
state.
• Independent foreign policy means a state
should not be dictated by any foreign power in
the making of our foreign policy.
 Section 8
• “The Philippines, consistent with the national
interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.”
Nuclear Proliferation

Bataan Nuclear Plant, 1970s Fukushima Daiichi Nuclear

Disaster, 2011
Nuclear Proliferation
• Harboring of nuclear weapons is prohibited in
the Philippine Constitution.
• But nuclear power is at the moment allowed,
through RA 2067, with the creation of
Philippine Atomic Energy Creation.
• RA 69696, “Toxic Substances, Hazardous and
Nuclear Waste Control Act of 1990”
Nuclear Proliferation
• Pros and Cons of Nuclear Energy
• Pros:
– A. Little Pollution
– B. Reliability
– C. Safety (compared to burning of coal)
• Cons
– A. Nuclear Meltdown
– B. Radiation
– C. Waste Disposal
 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.”
Social Services
• Housing
• Education
• Health
• Employment

Children raising their right hand to profess their loyalty to the nation

• These services are now considered mandatory

functions of the government.
 Section 10
• “The State shall promote social justice in all
phases of national development.”
Social Justice

Caricature showing the unequal relationship between the people and the government
Social Justice
• Social justice is giving what is due to an
individual such as food, clothing, and shelter
and even a little dignity.
• It also means:
– A. Promotion of the welfare of the people
– B. Adoption of government measures for the
economic stability of all (lessen the gap between
the rich and the poor)
– C. Humanization of the laws
– D. Equalization of social and economic forces
 Section 11
• “The State values the dignity of every human
person and guarantees full respect for human
rights.”
What is Dignity?
Dignity
Dignity
• Dignity is signify that a being has an innate
right to respect and ethical treatment. 
• The Philippine State guarantees the dignity of
every human person, and also guarantees the
full respect for 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.”
 Section 13
• “The State recognizes the vital role of the
youth in nation-building and shall promote and
protect their physical, moral, spiritual,
intellectual, and social well-being. It shall
inculcate in the youth patriotism and
nationalism, and encourage their involvement
in public and civic affairs.”
Youth in the Philippines
• The state recognizes the role of the youth.
• The state must assist in the total development
and well-being of the youth, indicating them
patriotism and nationalism.
• The youth should also participate in the affairs
of the nation.
Youth in the Philippines
Youth in the Philippines
• RA No. 8044:
– “AN ACT CREATING THE NATIONAL YOUTH
COMMISSION, ESTABLISHING A NATIONAL
COMPREHENSIVE AND COORDINATED
PROGRAM ON YOUTH DEVELOPMENT,
APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES.”
• The youth, 15-30 years, is being protected and
promoted by the State for their physical, moral,
spiritual, intellectual, and social-being.
Survey
 Which of these things is very important to
you?
• A. Having good marriage and family life
• B. Being able to find a stable work
• C. Having good education
• D. Being successful in work
• E. Finding meaning and purpose in life
• F. Being religious
 Which of these things is very important to
you?
• G. Having strong friendships
• H. Making contributions to the society
• I. Having lots of money
• J. Having plenty of time for recreation and
hobbies
• K. Being politically involved
 Important Aspects of Life of the Filipino
Youth 1996
Having good marriage and family life 98%
Being able to find a stable work 98%
Having good education 98%
Being successful in work 96%
Finding meaning and purpose in life 96%
Being religious 95%
Having strong friendships 93%
Making contributions to the society 91%
Having lots of money 83%
Having plenty of time for recreation and hobbies 57%
Being politically involved 36%
 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.”
Women in the Philippines
Realities of the Women in the Philippines

• Cases of Violence against Women (VAW) has

been increasing from 1996 to 2004.
• Most of the women have been victimized by the
persons they knew personally, i.e., husbands,
fathers, boyfriends.
• In 2004, and 2006, the cases of violence against
women, women in especially difficult
circumstances (WEDC), and child abuse cases
had been dropping.
Realities of the Women in the Philippines
Realities of the Women in the Philippines

• Examples of violence against women are:

– A. physical injury
– B. rape
– C. held captive
– D. forced labor
– E. battery
– F. verbally abuse
– G. completely controlled by their husbands and
partners
Realities of the Women in the Philippines

• Laws protecting women:

– A. RA 8353
• Anti Rape Law
– B. RA 7877
• Anti-Sexual Harassment Law
– C. RA 9208
• Anti-Trafficking in Persons Act
– D. RA 9262
• Anti‑Violence Against Women and Their Children Act of
2004
 Section 15
• “The State shall protect and promote the right
to health of the people and instill health
consciousness among them.”

Warning labels in cigarette packs detailing the consequences of smoking

 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.”

The serene Mahanggub Falls in Naawan, Misamis Oriental

Laws Protecting the Environment
• RA 9147:
– “Wildlife Resources Conservation and Protection
Act”
• RA 9003:
– “Ecological Solid Waste Management Act”
• RA 8749:
– “Philippine Clean Air Act of 1999”
 Section 17
• “The State shall give priority to education, science
and technology, arts, culture, and sports to foster
patriotism and nationalism, accelerate social progress,
and promote total human liberation and
development.”

Leong Hall in Ateneo de Manila University

Education in the Philippines
• The more and better educated a people, the
greater chances of economic development
(Meinardus)
• It is the duty of the state to protect and
promote the right of all citizens to quality
education at all levels.
Education in the Philippines
• RA 6655
– “Free Secondary Education Act”
• This law provides free and compulsory
education for Filipinos in elementary and
secondary.
Issues in Philippine Educational System

• 1. High dropout rates

• 2. High number of repeaters
• 3. Low passing grades
• 4. Lack of particular language skills
• 5. Overcrowded classrooms
• 6. Poor teacher performance
 Section 18
• “The State affirms labor as a primary social
economic force. It shall protect the rights of
workers and promote their welfare.”

Street protests urging the government to end contractualization

Labor Code of the Philippines
• Presidential Decree no. 442
– “A DECREE INSTITUTING A LABOR CODE
THEREBY REVISING AND CONSOLIDATING
LABOR AND SOCIAL LAWS TO AFFORD
PROTECTION TO LABOR, PROMOTE
EMPLOYMENT AND HUMAN RESOURCES
DEVELOPMENT AND INSURE INDUSTRIAL
PEACE BASED ON SOCIAL JUSTICE”
Labor Code of the Philippines
• This code, or sets of laws, provides:
– A. protection of labor
– B. promote full employment
– C. regulate the relations of workers and employers,
and
– D. ensure equal opportunities regardless of:
• i. sex
• ii. creed
• iii. race
Child Labor in the Philippines
 Section 19
• “The State shall develop a self-reliant and
independent national economy effectively
controlled by Filipinos.”

A common call center workstation, one of the country’s leading industries

 Section 20
• “The State recognizes the indispensable role of
the private sector, encourages private
enterprise, and provides incentives to needed
investments.”

Breathtaking Manila Skyline at Night

 Section 21
• “The State shall promote comprehensive rural
development and agrarian reform.”

A group of hardworking farmers tending their produce

 Section 22
• “The State recognizes and promotes the rights
of indigenous cultural communities within the
framework of national unity and
development.”

Indigenous peoples in solidarity

IPRA Law
• RA 8371
– “Indigenous People’s Rights Act”
• The law aims to:
– A. “to recognize and promote the rights of
indigenous peoples within the framework of
national unity and development.”
– B. “to protect the rights of indigenous cultural
communities to their ancestral lands to ensure their
economic, social and cultural well-being”
 Section 23
• “The State shall encourage non-governmental,
community-based, or sectoral organizations
that promote the welfare of the nation.”

Some of the NGOs that work for certain causes in the Philippines
 Section 24
• “The State recognizes the vital role of
communication and information in nation-
building.”

Artist’s reinterpretation of the logos of the major telecommunication networks as contingent to their services provided
 Section 25
• “The State shall ensure the autonomy of local
governments.”

Tokhang surenderees in Naawan, Misamis Oriental on 2016

Local Government Code
• RA 7160
• Local Government Code of 1991
• Book 1, Chapter 1, Section 2:
– “It is hereby declared the policy of the State that the
territorial and political subdivisions of the State shall
enjoy genuine and meaningful local autonomy to
enable them to attain their fullest development as self-
reliant communities and make them more effective
partners in the attainment of national goals.”
 Section 26
• “The State shall guarantee equal access to
opportunities for public service and prohibit
political dynasties as may be defined by law.”
 Section 27
• “The State shall maintain honesty and integrity
in the public service and take positive and
effective measures against graft and
corruption.”

A caricature detailing the ends corrupt politicians tend to go during elections and during their terms
 Section 28
• “Subject to reasonable conditions prescribed
by law, the State adopts and implements a
policy of full public disclosure of all its
transactions involving public interest.”

A caricature expressing the problem of dubious campaign funds during elections

Realities of Corruption in the Philippines

• Corruption is the use of power by government

officials for illegitimate private gain.
• Takes in the form of:
– A. bribery
– B. extortion
– C. cronyism
– D. nepotism
– E. patronage
– F. graft
– G. embezzlement.
The End