MEMORY AID IN CONSTITUTIONAL LAW I 

GENERAL PRINCIPLES 

Political Law 
That branch of public law which deals with the organization and operations of
the  governmental organs of the State and defines the relations of the State with the 
inhabitants of its territory 

Scope / Divisions of Political Law 

1. Constitutional Law 
2. Administrative Law 
3. Law on Municipal Corporations 
4. Law on Public Officers 
5. Election Law 

Constitutional Law 
The study of the maintenance of the proper balance between authority as  
represented by the three inherent powers of the State and liberty as guaranteed by the 
Bill of Rights. 

Constitution 

a. Definitions 

That body of rules and maxims in accordance with which the powers of 
sovereignty are habitually exercised (Cooley, Constitutional Limitations, p. 4) 

That written instrument enacted by direct action of the people by which

the  fundamental powers of the government are established, limited and defined,
and  by which those powers are distributed among the several departments for
their  safe and useful exercise for the benefit of the body politic (Malcolm,
Philippine  Constitutional Law, p. 6) 

b. Purpose 

To prescribe the permanent framework of a system of a system of 

government, to assign to the several departments their respective powers and 
duties, and to establish certain final principles on which the government is 
founded 

c. Classification 

1. Rigid constitution is one that can be amended only by a formal and usually 
difficult process; while a flexible constitution is one that can be changed by 
ordinary legislation. (Cruz, Constitutional Law p 5) 
2. A written constitution is one whose precepts are embodied in one  document or
set of documents; while an unwritten constitution consists of  rules which have
not been integrated into a single, concrete form but are  scattered in various
sources, such as statues of a fundamental character,  judicial decisions,
commentaries of publicists, customs and traditions, and  certain common law
principles. (Cruz, Constitutional Law pp 4-5) 

3. An enacted or conventional constitution is enacted, formally struck off at a 

definitive time and place following a conscious or deliberate effort taken by a  
constituent body or ruler; while a cumulative or evolved is the result of 
political evolution, not inaugurated at any specific time but changing by
accretion rather than by systematic method. (Cruz, Constitutional Law p 5) 

d. Qualities of a good written constitution 

1. Broad. Because it provides for the organization of the entire government and 
covers all persons and things within the territory of the State and also  because it
must be comprehensive enough to provide for every contingency.  (Cruz,
Constitutional Law pp 5-6) 

2. Brief. It must confine itself to basic principles to be implemented with  legislative

details more adjustable to change and easier to amend. (Cruz,  Constitutional
Law pp 4-5) 

3. Definite. To prevent ambiguity in its provisions which could result in  confusion
and divisiveness among the people. (Cruz, Constitutional Law pp 4- 5) 

e. Essential parts of a good written constitution 

1. Constitution of Government. The series of provisions outlining the  organization

of the government, enumerating its powers, laying down certain rules relative to
its administration and defining the electorate. (ex. Art VI, VII,  VIII and IX) 

2. Constitution of Liberty. The series of proscriptions setting forth the  fundamental

civil and political rights of the citizens and imposing limitations on  the powers of
government as a means of securing the enjoyment of those  rights. (Ex. Article
III) 

3. Constitution of Sovereignty. The provisions pointing out the mode or  procedure
in accordance with which formal changes in the fundamental law  may be
brought about. (Ex. Art XVII) 

f. Interpretation/Construction of the Constitution 

In Francisco v HR, the SC made reference to the use of well-settled 

principles of constitutional construction, namely: 
 1. Verba Legis or Plain meaning rule. Whenever possible the words used in 
theConstitution must be given their ordinary meaning except when technical 
terms are employed. 

2. Ratio legis et anima or Interpretation according to spirit. The words of the

Constitution should be interpreted in accordance with the intent of the framers. 

3. Ut magis valeat quam pereat. The constitution has to be interpreted as a 

whole. 

∙ In case of doubt, provisions should be considered self executing, mandatory  rather

than directory, and prospective rather than retroactive. 

∙ Self Executing Provision 

A provision which is complete in itself and becomes operative without the 
aid of supplementary or enabling legislation, or that which supplies sufficient 
rules by means of which the right it grants may be enjoyed or protected 
(Example: Bill of Rights)
∙ Non Self Executing Provision 
A provision which lays down a general principle (Example: Declaration of 
Principles and State Policies, except Section 16) 

AMENDMENT REVISION 

Adds, reduces, deletes without altering  the basic principle involved 

A change that alters a basic principle of  the Constitution like altering the  principles of
separation of powers or  system of check and balance. 

Change alters the substantial entirety  of the Constitution. 

Specific provision (piecemeal) Several provisions (overhaul) 

∙ Steps in amendatory process: 

(1) Proposal 
(2) Ratification (See Section 4, Article XVII of the 1987 Constitution 

∙ A proposed amendment may come from: 

(1) Congress by a vote of ¾ of all its members 
(2) Constitutional convention 
(3) People, through the power of initiative 
(4) Constitutional commission 

Judicial Review 

∙ Judicial Review 
 This is the power of the courts to test the validity of executive and 
legislative acts in light of their conformity with the Constitution. This is not an
assertion of superiority by the courts over the other departments but merely an 
expression of the supremacy of the Constitution. 

∙ Judicial Power 
It includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable and determine 
whether or not there has been a grave abuse of discretion amounting to lack or 
excess of jurisdiction on the part of any branch or instrumentality. 

∙ Functions of Judicial Power: 

(1) Checking 
(2) Legitimating 
(3) Symbolic 
(4) Teaching 

∙ Requisites: 
(1) Actual case or controversy 
(2) Question may be raised by a proper party 
(3) Raised at the earliest opportunity 
(4) Decision of constitutional question is determinative of the case itself
∙ Effects of the declaration of unconstitutionality 

ORTHODOX MODERN 

Unconstitutional Act is not a law,  confers not rights, imposes no  duties, affords no
protection, creates  no office, inoperative, as if it had not  been passed at all 
Refuse to recognize the law and  determine the rights of the parties as  if the statute
had no existence.  Certain legal effects prior to its  declaration or unconstitutionality 
may be recognized. 

State Immunity from Suit 

∙ Even if the constitution provide no such provision, the state shall be immune from  suit
by virtue of Section 2, Article II: “ x x x and adopts the generally accepted   principle
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.  (US vs. Guinto) 

∙ Justice Holmes: There can be no legal right against the authority which makes  the
law on which the right depends. However the state may be sued if it gives its 
consent whether express or implied. 
∙ Also known as Royal Prerogative of Dishonesty, it grants the state the  prerogative
to defeat any legitimate claim against it by simply invoking its non suability. 

∙ Immunity is enjoyed by other states – “par in parem non habet imperium” Head  of a
state is a personification of the state and is inviolable and thus enjoy  immunity from
suit. 

∙ Suits against the Government 

(1) Incorporated 
If charter provides agency can sue and be sued, the suit will lie, including 
one for tort. The provision in the charter constitutes express consent on the 
part of the state. 

(2) Unincorporated 
Inquire into the principal functions of the agency 
(a) Governmental – no suit without consent 
(b) Proprietary – suit will lie (State descends to the level of the individual) 

∙ Test to determine if suit is against the State: If upon the decision, the  enforcement
of the same requires an affirmative act from the State such as the  appropriation of
the needed amount to satisfy the judgment. 

∙ Suit against Public Officers: doctrine of state immunity applies to complaint filed 
against officials of the State for acts performed by them in the discharge of their  
duties within the scope of their authority. 

∙ Public officers are personally liable if act was unauthorized, or when ultra vires or 
attended by malice bad faith or gross negligence. 

∙ Consent may either be 

(1) Express – by an act of the legislative body in a general or special law
(2) Implied 
(a) When the State commences litigation, it becomes vulnerable to 
counterclaim. 
(b) When the State enters into a business contract 

Inherent Powers of the State 

∙ Inherent powers of the State: 

(1) Police power 
(2) Power of eminent domain 
(3) Power of taxation 

∙ Similarities: 
 (1) Inherent in the State, even without need of express grant 
(2) Necessary and indispensable, state cannot be effective without
it (3) Methods by which the state interferes with private property 
(4) Presuppose equivalent compensation 
(5) Exercised by the legislature 

∙ Distinctions 

POLICE POWER EMINENT DOMAIN TAXATION Regulation 

Both liberty and property Property Property Who exercises? 
Government Government and private  
entities Government 
Property taken 

Noxious or intended for  noxious purpose 

Wholesome and devoted  to public use or purpose Compensation 
Wholesome and devoted  to public use or purpose 

Protection given and/or  

Intangible, altruistic feeling Full and fair equivalent of  property taken 

(a) Police Power 

public improvements  instituted by the  government 

∙ It is the power of promoting public welfare by restraining and regulating the use  of
liberty and property 

∙ As to scope, it is the most pervasive, least limitable and most demanding of the  three
powers. 

∙ “Salus populi est suprema lex” 

∙ Exercised by the legislature but may be delegated to the President,  administrative

bodies and LGUs. 

∙ Limitations: 
(1) Lawful subject 
 Interest of the public in general as distinguished from those of a particular 
class, require the exercise of the power. Activity or property sought to be 
regulated affects the general welfare.
(2) Lawful means 
Means employed are reasonably necessary to the accomplishment of the 
purpose and not duly oppressive on the individual. 

(3) Additional limits: 

(a) Express grant by law 
(b) Within territorial limits 
(c) Must not be contrary to law (act may be regulated not

prohibited) (b) Power of Eminent Domain 

∙ Also known as the power of expropriation 

∙ Article III, Section 9. Private property shall not be taken for public use without  just
compensation. 

∙ Article XII, Section 18. The State may, in the interest of national welfare or  defense,
establish and operate vital industries and, upon payment of just  compensation,
transfer to public ownership utilities and other private enterprises  to be operated by
the Government. 

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

∙ Article XIII, Section 9. The State shall, by law, and for the common good,  undertake,
in cooperation with the private sector, a continuing program of urban  land reform
and housing which will make available at affordable cost, decent  housing and basic
services to under-privileged and homeless citizens in urban  centers and
resettlement areas. It shall also promote adequate employment  opportunities to
such citizens. In the implementation of such program the State  shall respect the
rights of small property owners. 

Police Power Eminent Domain 

Promote public welfare by restraining  and regulating the use of liberty and  property 
 Property condemned is noxious or  intended for a noxious purpose 
Inherent right of the state to condemn  private property to public use upon  payment of
just compensation. Private property to be used for some  public purpose 

No compensation Just compensation 

∙ Jurisdiction over a complaint for eminent domain is with the RTC. Determination  of
amount of just compensation is merely incidental to the expropriation suit. 

∙ Congress exercises the power of eminent domain. It can be delegated to the 

President, administrative bodies, LGUs and private enterprise performing public 
service.
∙ LGUs have no inherent power of eminent domain; they can exercise the power  only
when expressly authorized by the Legislature. Section 19 of the Local  Government
Code confers such power to LGUs but the power is not absolute; it  is subject to
statutory requirements. 

∙ Requisites for exercise: 

(1) Necessity 
The question of necessity is generally a political question. 

(2) Private property 

All private property capable of ownership may be expropriated except 
money. 

(3) Taking 
May include trespass without eviction, material impairment of the value or 
prevention of the ordinary uses for which the property was intended 

(4) Public use 

Public use is the general concept of meeting public need or public 
exigency. It is not confined to actual use by the public in its traditional sense.
It includes broader notion of indirect public benefit or advantage. 

(5) Just compensation 

It is the full or fair equivalent of the property taken (fair market value). It 
means not only the correct amount to be paid to the owner of the land but 
also payment within a reasonable time from its taking. 

(c) Power of Taxation 

∙ It is the power by which the sovereign, through its law-making body, levy  enforced
proportional contributions from persons and properties to raise revenue  to defray
the necessary expenses of the government. It is a power emanating  from
necessity. 
 ∙ Exercised by the Legislature and can be delegated. 

∙ Limitations: 
(1) Due process of law – tax should not be confiscatory 
(2) Equal protection – must be uniform and equitable 
(3) Public purpose 

∙ Double taxation: 
(1) Same subject 
(2) Same jurisdiction 
(3) Same period 
(4) Same purpose 

∙ No law granting any tax exemption shall be passed without the concurrence of a 
majority of all the members of congress. 

Police Power Power of Taxation 

Regulation is primary purpose and  revenue is incidental 

Generation of revenue is primary  purpose and regulation is merely  incidental

License Fee Tax Police measure Revenue measure 

Amount collected is limited to the cost  of permit and reasonable police  regulation. 
Unlimited provided it is not  confiscatory 

1987 Constitution 

Background of the 1987 Constitution 

1. Proclamation of the Freedom Constitution 
a. Proclamation No. 1, February 25, 1986, announcing that she (Corazon 
Aquino) and VP Laurel were assuming power. 
b. Executive Order No.1, (February 28, 1986) 
c. Proclamation No.3, March 25, 1986, announced the promulgation of 
the Provisional (Freedom) Constitution, pending the drafting and ratification of a 
new Constitution. It adopted certain provisions in the 1973 Constitution, 
contained additional articles on the executive department, on government 
reorganization, and on existing laws. It also provided of the calling of a 
Constitutional Commission to be composed of 30-50 members to draft a new
Constitution. 

2. Adoption of the Constitution 

 a. Proclamation No. 9, creating the Constitutional Commission of 50 members. b.
Approval of the draft Constitution by the Constitutional Commission on  October
15,1986 
c. Plebiscite held on February 2, 1987 
d. Proclamation No. 58, proclaiming the ratification of the

Constitution. 3. Effectivity of the 1987 Constitution: February 2, 1987 

Features of 1987 Constitution 

1. The new Constitution consists of 18 articles and is excessively long compared 
to the 1935 and 1973 constitutions. 
2. The independence of the judiciary has been strengthened with new provisions 
for appointment thereto and an increase in its authority, which now covers even political
questions formerly beyond its jurisdiction. 
3. The Bill of Rights of the Commonwealth and Marcos constitutions has been 
considerably improved in the 1987 Constitution and even bolstered with the creation of 
a Commission of Human Rights. 

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. 

∙ Preamble 
- It is from the Latin word “preambulare” meaning “to walk before.” 
Constitutionally, it is not a source of power or right for any department of 
government. But because it sets down the origin, scope, and purpose of the 
Constitution, it is useful as an aid in ascertaining the meaning of ambiguous 
provisions in the body of the Constitution. It also bears witness to the fact that  
the Constitution is the manifestation of the sovereign will of the Filipino people. 
- The preamble is the prayer of the Filipino people 
- Based on the social contract theory a contract between the people and 
the government to promote the common good 

ARTICLE I 
NATIONAL TERRITORY 
 The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories 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. 

∙ A constitution is a municipal law. As such, it is binding only within the territorial  limits
of the sovereignty promulgating the constitution. 

∙ Archipelago 
It may be defined, depending on one’s utilitarian preference, either as a 
cluster of islands forming a territorial unity, or as a unit of water studded with 
islands. 
- from Greek word pelagos, meaning sea or part of a sea studded with
islands. It includes both sea and land which geographically may be considered
as an independent whole. Philippines territory consist of its Terrestrial, Fluvial
and Aerial Domains 

∙ Territorial Sea 
- part of the sea extending 12 nautical miles (19kms) from the low
watermark. Also known as marginal sea, marine belt. 

∙ The seabed (sea floor or sea bottom) 

- land that holds the sea, lying beyond the sea shore, including mineral
and natural resources. 

∙ Subsoil 
- refers to everything beneath the surface soil and the seabed including
mineral and natural resources. 

∙ Insular Shelves 
- submerged portion of a continent or offshore island, which slope gently
seaward. 

ARTICLE II 
DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES
∙ This portion of the Constitution might be called the basic political creed of the
nation. It lays down the policies that the government is bound to observe. 

∙ Indirectly some of these principles may aid the court in determining the validity of
statutes or executive acts in justiciable cases. 
∙ The Declaration of State Principles and State Policies of the 1987 Constitution
ballooned from the five sections of 1935 and the ten sections of 1973 to twenty eight
sections. 

State 

∙ A state is a community of persons more or less numerous, permanently occupying a

definite portion of territory, independent of external control, and  possessing an
organized government to which the great body of inhabitants  render habitual
obedience. 

∙ The state is a legal concept while a nation is racial or ethnic concept. While the
distinction may be useful for purposes of political sociology, it is of little
consequence for purposes of constitutional law. 

∙ States are the repositories of legitimated authority over peoples and territories. 

∙ Elements of a state: 
(1) A permanent population; 
(2) A defined territory; 
(3) Government; and 
(4) Capacity to enter into relations with other states. 

People 

∙ It simply means a community of persons sufficient in number and capable of

maintaining the continued existence of the community and held together by a
common bond of law. It is of no legal consequence if they possess diverse  racial,
cultural, or economic interests. 

Territory 

∙ A definite territory, consisting of land and waters and the air space above them  and
the submarine areas below them. 

∙ An entity may satisfy the territorial requirement for statehood even if its  boundaries
have not been finally settled, if one or more of its boundaries are  disputed, or if
some of its territory is claimed by another state. An entity does not  necessarily
cease to be a state even if all its territory has been occupied by a  foreign power or if
it has otherwise lost control of its territory temporarily. 

Government 

∙ As an element of a state, it is defined as “that institution or aggregate of  institutions by

which an independent society makes and carries out those rules of  action which are
necessary to enable men to live in a social state, or which are  imposed upon the
 people forming that society by those who possess the power  or authority of
prescribing them.”
∙ On a national scale, the term “government of the Philippines” refers to the three  great
departments – legislative, executive and judicial – mandated by the  Constitution,
and on the local level, it means the regional, provincial, city,  municipal and barrio
government. 

∙ The concept of government should be distinguished from administration.  Government

is the institution through which the state exercises power; administration, on the
other hand, consists of the set of people currently running  the institution. 

∙ The functions of the government may be classified into constituent and ministrant
functions. The former are the compulsory functions which constitute the very  bonds
of society, while the latter are the optional functions of government  intended for
achieving a better life for the community. 

∙ Parens Patriae 
The parent of the state. The government may act as guardian of the right
of the people who maybe disadvantaged or suffering from some disability or
misfortune. 

Sovereignty 

∙ It is the capacity to conduct international relations. An entity is not a state unless  it has
competence, within its own constitutional system, to conduct international  relations
with other states, as well as the political 

∙ Legal sovereignty is the power to adapt or alter a constitution. 

∙ In international law, there are two views as to the recognition by other states as  a
constitutive element of a state: 
(1) Constitutive theory 
Recognition constitutes a state, that is, it is what makes a state a state
and confers legal personality on the entity 

(2) Declaratory Theory 

Recognition is merely declaratory of the existence of the state and that its
being a state depends upon its possession of the required elements and not
upon recognition 

Section 1. The Philippines is a democratic and republican State. Sovereignty

resides in the people and all government authority emanates from them. 

∙ A republican form of government is understood as “one constructed on this  principle,

that the supreme power resides in the body of the people.” 
∙ The Philippines under the 1987 Constitution is not just a representative  government
but also shares some aspect of direct democracy such, for instance,  as the
“initiative and referendum” under Article VI, Section 32. 

∙ Essential features: Representation and renovation 

∙ Manifestations: 
(1) Ours is a government of laws and not of men. 
(2) Rule of the majority 
(3) Accountability of public officials 
(4) Bill of rights 
(5) Legislature cannot pass irrepealable laws.
(6) Separation of powers 
(7) Delegation of powers 

∙ Purpose: To prevent concentration of authority in one person or group of  persons

that might lead to an irreversible error or abuse in its exercise to the  detriment of
republican institutions. 

∙ Principle of Blending of Powers 

Instances when powers are not confined exclusively within one 
department but are assigned to or shared by several departments, e.g., 
enactment of general appropriation law 

∙ Principle of Checks and Balance 

This allows one department to resists encroachments upon its 
prerogatives or to rectify mistakes or excesses committed by the other 
departments, e.g., veto power of the Presidents as check on improvident 
legislation, etc. 

∙ Potestas delegate non potest delegare 

This rule is based on the ethical principle that delegated power
constitutes  not only a right but a duty to be performed by the delegate through
the  instrumentality of his own judgment and not through the intervening mind of 
another. 

∙ Permissible delegation: 
(1) Tariff powers to the President 
(2) Emergency powers to the President 
(3) Delegation to the people 
(4) Delegation to local government units 
(5) Delegation to administrative bodies 

∙ Tests for valid delegation 

(1) Completeness Test 
 The law must be complete in all its essential terms and conditions when it 
leaves the legislature so that there will be nothing left for the delegate to do  
when it reaches him except to enforce it. 

(2) Sufficient Standard Test 

A sufficient standard is intended to map out the boundaries of the 
delegate’s authority by defining the legislative policy and indicating the 
circumstances under which it is to be pursued and effected. This is intended 
to prevent a total transference of legislative power from the legislature to the 
delegate. The standard is usually indicated in the law delegating legislative 
power. 

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. 

∙ There are three parts to this section: 

(1) Renunciation of war; 
(2) Adoption of the principles of international law; and 
(3) Adherence to a policy of peace, freedom, and amity with all nations
∙ As a member of the United Nations the Philippines does not merely renounce  war,
which is a limited concept which does not include some forms of force. As a 
signatory to the United Nations Charter the Philippines adheres to Article 2(4) of   the
U.N. Charter which says: “All members shall refrain in their international  relations
from the threat or use of force against the territorial integrity or political 
independence of any state, or in any other manner inconsistent with the  Purposes
of the United Nations. 

∙ Implicit in this provision is the acceptance of the dualist view of legal systems,  namely
that domestic law is distinct from international law. 

∙ Two doctrines: 
(1) Doctrine of Incorporation 
International law becomes part of municipal law only if it is 
incorporated into municipal law. 

(2) Doctrine of Transformation 

International law can be part of municipal law only if it is 
transformed into domestic law through the appropriate constitutional 
machinery such as an act of Parliament. 

∙ The doctrine of immunity from suit of a foreign state is a principle of international   law
whose acceptance in this jurisdiction has been established in a long line of  cases. 
∙ The guiding principle of Philippine foreign policy will be, as it is with all other  nations,
the national interest. 

∙ The phrase “generally accepted principle of international law’ refers to norms of 
general or customary international law which are binding to all states. 

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. 

∙ The 1986 Constitutional Commission thought it necessary to put down the  positive
role of the military in explicit terms. 

∙ The intent of the phrase “protector of the people” was rather to make it act as 
corrective to military abuses experienced during martial rule. 

∙ There are two thoughts in this constitutional provision: disapproval of military  abuses
and guardianship of state sovereignty, which of course means  sovereignty of the
people. The military exercise of political power can be justified  as a last resort –
when civilian authority has lost its legitimacy. 

∙ Civilian supremacy is, in the final analysis, not a guaranteed supremacy of   civilian
officers who are in power but of the supremacy of the sovereign people.  The Armed
Forces, in this sense, “is the protector of the people and the State.” 

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.
∙ The duty of the Government 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 of the Government excusable should there be no  sufficient men who
volunteer to enlist therein. 

∙ The right of the Government to require compulsory military service is a  consequence

of its duty to defend the State and is reciprocal with its duty to  defend the life, liberty
and property of the citizen. 

∙ Without violating the Constitution, a person may be compelled by force if need  be,
against his will, against his pecuniary interests, and even against his religious  or
political convictions, to take his place in the ranks of the army of his country,  and
risk the chance of being shot down in its defense. 
∙ The right to bear arms is a statutory, not a constitutional right. The license to   carry a
firearm is neither a property nor a property right. Neither does it create a  vested
right. 

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. 

∙ Hierarchy of rights: life, liberty and property 

Section 6. The separation of Church and State shall be inviolable. 

∙ Effects of section 6: 

(1) The State shall have no official religion. 
(2) The State cannot set up a church, whether or not supported with public funds;
nor aid one religion, aid all religions, or prefer one religion over another. (3)
Every person is free to profess belief or disbelief in any religion. (4) Every
religious minister is free to practice his calling. 
(5) The State cannot punish person for entertaining or professing religious beliefs  or
disbeliefs. 

∙ No hostility towards religion: 

(1) Constitution and laws exempt from taxation properties devoted exclusively to
religious purposes. 
(2) The use of public money is not prohibited, or to any penal institution. (3)
Optional religious instruction in public elementary or high schools is by
constitutional mandate allowed. 
(4) Thursday and Friday of Holy Week, Christian Day, are made legal
holidays. (5) Crimes against religious worship are considered crime against
law. 

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. 

∙ A foreign policy is a set of pre-established strategies designed and  implemented

systematically to manage a country's relationships with other  nations. They are
structured guidelines that regulate international political  dealings.
∙ THE Constitution has mandated that this country “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 
∙ With the President as its principal architect, Philippine Foreign Policy is  anchored
on three pillars: (1) preservation and enhancement of national security;  (2)
protection of the rights and promotion of the welfare of overseas Filipinos; and  (3)
promotion and attainment of economic security. 

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

∙ The ban is only on nuclear arms – that is, the use and stockpiling of nuclear  weapons,
devices, and parts thereof. And this includes, according to  Commissioner Azcuna,
not only possessing, controlling and manufacturing  nuclear weapons, but also
nuclear tests in our territory, as well as the use of our  territory as dumping ground
for radioactive wastes. 

∙ The provision is not a ban on the peaceful uses of nuclear energy. Nor is it a ban   on
all “nuclear-capable vessels.” For a vessel to be banned, it is not enough that   it is
capable of carrying nuclear arms; it must actually carry nuclear arms. 

∙ Whether or not to allow nuclear weapons will be decided on the basis of what is   best
for the “national interest” as this might be defined by the executive and  legislative
departments. 

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. 

Section 10. The State shall promote social justice in all phases of national
development. 

∙ Those who have less in life should have more in law. 

∙ Social justice is neither despotism, nor communism, nor atomism, nor anarchy,  but
the humanization of laws and equalization of social and economic forces by  the
State so that justice in its rational and objective conceptualization may at  least be
approximated. (Calalang vs. Williams) 

Section 11. The State values the dignity of every human person and guarantees
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. 

∙ The family is a basic social institution which public policy cherishes and protects.
∙ The continuing constitutional policy is for the protection of the family as a basic  social
institution. Thus, in annulment cases, any doubt should be resolved in  favor of the
validity of a marriage. 

∙ The unborn’s entitlement to protection begins “from conception,’ that is, from the
moment of conception. The intention is to protect life from its beginning, and the
assumption is that human life begins at conception and that conception takes  place
at fertilization. There is, however, no attempt to pin-point the exact  moment when
conception takes place. But while the provision does not assert  with certainty when
human life precisely begins, it reflects the view that, in  dealing with the protection of
life, it is necessary to take the safer approach. 

∙ The natural right and duty of parents in the rearing of the youth for civic efficiency
shall receive the aid and support of the Government. 

∙ While the authority of the school is generally confined with the school campus,
schools may take disciplinary action (1) in respect to the violation of school  policies
in connection with school sponsored activities or (2) where the  misconduct affects
the student’s status or the good name or reputation of the  school. 

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. 

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. 

Section 15. The State shall protect and promote the right to health of the people
and instill health consciousness among them. 

∙ A healthy nation is a strong nation. 

∙ A component to the right to life is the constitutional right to health. In this

regard, the constitution is replete with provisions protecting and promoting
the right to heath. 

∙ The Philippines is a party to the Universal Declaration of Human Rights  and

the Alma Conference Declaration of 1978 which recognize health as a
fundamental human right. (Laguna Lake Development Authority v. CA,  231
SCRA 292) 
∙ Basis for some laws including the RH Law, Generic Act and the Health  Care
Act. 

∙ Section 15 must be read with Article X (Social Justice and Human Rights),
Sections 11-13. 

SECTION 11. The State shall adopt an integrated and

comprehensive approach to health development which shall
endeavor to make essential goods, health and other social services
available to all the people at affordable cost. There shall be priority
for the needs of the underprivileged sick, elderly, disabled, women,
and children. The State shall endeavor to provide free medical care
to paupers.
SECTION 12. The State shall establish and maintain an effective
food and drug regulatory system and undertake appropriate health
manpower development and research, responsive to the country’s
health needs and problems. 

SECTION 13. The State shall establish a special agency for

disabled persons for rehabilitation, self-development and self
reliance, and their integration into the mainstream of society. 

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. 

∙ Ecology is the branch of biology dealing with the relations and interactions
between and among living organisms (including man) and their  environment.

∙ Section 16 is unusual among those found in Article II in that, whereas  among

all the other provisions in the article are not self-executing but  need
implementing legislation to make them effective, Section 16 has  been
recognized by the Supreme Court as self-executing like the  provisions in the
Bill of Rights. 

∙ All Filipino citizens are entitled, by right, to a balanced and healthful  ecology.
The right carries with it the correlative duty to refrain from  impairing the
environment, particularly our diminishing forest resources. 

∙ This section speaks of a balanced and healthful ecological environment in

accord with singular demand of nature for rhythm and harmony. This is  far
from being a meaningless or a hollow statement. It conveys a  powerless
sense of a very real problem that we face. Having violated the  rhythm and
harmony of nature with the rape of our forests and lakes, we  have to take
seriously the admonition of many experts that if nothing  drastic is done by
 the government and the people in fifty years, the  country can turn into a
desert. 

∙ The Precautionary Principle holds that uncertainty in the science should  not
be an obstacle or excuse to postpone mitigating action. It is a  conservative
principle which in the case of scientific uncertainty places the  burden of proof
on the polluter, not the affected, i.e. the polluter has the  responsibility to
prove that what is being spewed into the environment is  not harmful.
Corollary, it is not the responsibility of the affected to prove  that the effluent is
poisonous. In view of scientific uncertainty, the  presumption is that the
chemical is harmful. 

∙ Take note of these cases: 

(1) Oposa vs Factoran, Jr., 224 SCRA 792 
(2) LLDA vs CA, 231 SCRA 292 
(3) MMDA vs Residents of Manila Bay, G.R. No. 171947-48, December  18,
2008 

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. 

∙ This section, which provides for the highest budgetary priority to education, is  merely
directory; the hands of Congress cannot be so hamstrung as to deprive it 
of the power to respond to the imperatives of national interest and the attainment
of other state policies and objectives. 

Section 18. The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare. 

∙ It is the living wage of workers which is the basis of a stable economy. If the  company
cannot pay a living wage, it has no business operating at the expense  of the lives of
its workers. 

∙ The preservation of the lives of the citizens is a basic duty of the State, more vital
than the preservation of the profits of the corporation. 

∙ This is really an assertion of the primacy of human dignity over things. 

∙ It is bad enough that the country has to send its sons and daughters to strange  lands,
because it cannot satisfy their employment needs at home. Under these
circumstances, the government is duty bound to provide them adequate  protection
personally and economically while away from home. 

Section 19. The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos. 
∙ Although the Constitution enshrines free enterprise as a policy to nevertheless
reserves to the government the power to intervene whenever necessary for the
promotion of the general welfare. 

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

∙ The Constitution does not favor an economy where the State directly competes  with
private business. 

∙ The business of government is governance and not money-making. 

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

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

∙ The Philippines is a culturally diverse country with an estimated 14- 17  million

Indigenous Peoples (IPs) belonging to 110 ethno-linguistic groups.  They are
mainly concentrated in Northern Luzon (Cordillera Administrative  Region,
33%) and Mindanao (61%), with some groups in the Visayas  area. 

∙ Indigenous Cultural Communities 

A group of people sharing common bonds of language, customs,
traditions and other distinctive cultural traits, and who have, under claims
of ownership since time immemorial, occupied, possessed and utilized a
territory 

∙ Early beginnings 
Carino vs Insular Government (1909) 
Commonwealth Act No. 141 (1936)
Bureau of Forestry Administrative Order No. 11 (1970) 
Presidential Arm for National Minorities (PANAMIN) 

∙ Present law is Republic Act No. 8371 

Section 23. The State shall encourage non-governmental, community-based, or

sectoral organizations that promote the welfare of the nation. 

∙ The State is required to encourage these organizations because recent events  have
shown that, under responsible leadership, they can be active contributors to  the
political. Social and economic growth of the country. 

Section 24. The State recognizes the vital role of communication and information 
in nation-building. 
Section 25. The State shall ensure the autonomy of local governments. 

∙ The power to create still includes the power to destroy. The power to grant  includes
the power to withhold or recall. 

∙ Even as we recognize that the constitution guarantees autonomy to local  government

units, the exercise of local autonomy remains subject to the power of  control by
Congress and the power of general supervision by the President. 

∙ The president can only interfere in the affairs and activities of a local government  unit
if he or she finds that the latter had acted contrary to law. 

∙ RA 7160 – Local Government Code of 1991 

∙ Section 2(a) – self-reliant 

∙ Reveals the policy of the State to empower LGUs to develop and  ultimately,
became self-sustaining and effective contributors to the  national economy  

∙ Philippine Gamefowl Commission v. IAC 

“Municipal corporations are the small republics from which the
great  one derives its strength.” 

∙ Advantages of local autonomy 

- greater opportunity for accountability 
- empowered to create its own sources of revenue  

∙ Disadvantages of local autonomy 

- Conflicting regulation 
- Overlapping regulation 
- Excessive regulation 
- Excessive taxation 
 Total Local Government Units in the Philippines 

Type 
(English) 
Filipino 
equivalent 
Head of 
Administration 
Filipino 
equivalent 
Number [3] 

Province Probinsya/Lalawigan Governor Gobernador 81 City Siyudad/Lungsod

MayorAlkalde/Punong   Lungsod144 

unong   Bayan1,490 

Barangay Barangay 
Barangay  
Chairman/Barangay  Captain 
Punong 
Barangay/Kapitan  ng Barangay 

42,029 

Section 26. The State shall guarantee equal access to opportunities for public
service and prohibit political dynasties as may be defined by law. 

∙ This section does not allow the existence of political dynasties or the practice of
keeping political power within the control of select families. 
∙ It emphasizes the duty of the government to uphold democratic elections and
appointments. 

Section 27. The State shall maintain honesty and integrity in the public service
and take positive and effective measures against graft and corruption. 

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.
S