General Consideration

Elements of the state

Nature of the state

a.
b.
c.
d.

People
Territory
Government
Sovereignty

ART II. Sec 1987

Supremacy of the Constitution

Constitution (The Phil. is a democratic and republican state

Constitution
a. Basic and paramount law to which all other laws must conform
b. and to which all persons, including the highest official of the land must defer
ART VI --This constitution shall be the supreme law of the land

Separation of Power

Division of Labor
a. Legislature - enactment of laws and may not enforce them
b. Executive - enforcement of laws and may not enact of apply them
c. Judiciary - application of laws and may not enact of enforce them
A. Feature of Republicanism
B. Model was just developed in Ancient Greece

Rule of Majority
Mathematical formula
50% + 1

Rule that the largest group is the one who gets to decide what is good for the ..
>Kenneth Mays Theory
>Majority voting is the only positively responsive social choice function between no alternatives

Justification
I. Academic Prerequisite

Necessity of the Study

Rationale
Institutionalize the study of the constitution

II. Civic Duty

Gain basic understanding of his government and participate its affairs

III. Personal Benefit

Know your rights that are guaranteed under the constitution

Events

History of Philippine Constitution

Output

Legal basis
Art. XIV, Sec 3 1987 Constitution.
All educational institution shall
include the study of Constitution
as part of curricula
Art II, Sec 1, 1987 Constitution.
Sovereignty resides in the people
and all the government authority
emanates from them
Art III, New Civil Code. Ignorance
of the law excuses no one from
compliance therewith

Features

American Colonization
a. Treaty of Paris (Dec. 10 ,1898 Philippines was sold for
20,000,000 $)
b. Establishment of Military Governor (Leonard Wood)
Executive, Judicial and Legislative powers

1935 Constitution
(May 14,1935)
Commonwealth Government
Political Community

c. Transition: Military to Civilian Rule (Pres. McKinleys order,

April 17,1900)
1. Schurman Commission: 1ST Phil. Commission, Fact finding
2. Taft Commission
2nd Phil. Com, clippers over military governor
3. John Spooner
Amendment

President Manuel L. Quezon

V-President Sergio Osmena

a. 18 Articles
b. Presidential form
c. bicameral

Civil Government, William Howard Taft.

d. Phil. Bill (July 1,1902): created Phil. Assembly in 1907
e. Jones Law ( Phil. Autonomy Act, Aug. 29,1916, Rep. William
Jones)

f. Tydings-McDuffie Act (Sen Millard Tydings & Rep. John

McDuffie, Mar. 24,1943)
1.authorized drafting of constitution
2.establishment of Commonwealth
3. after 10 years independence
Japanese Occupation
A. Phil. Invasion on Dec 8,1941 (10 hours after attack on
Pearl harbour)
B. Government in Exile (1942-1944, Quezon and Osmena
left for US.
C. Establishment of 22nd Phil. Republic (Oct. 14,1943)

D. Leyte Landing on Oct 20,1944;McArthur & Pres. Sergio

Osmena
E. Japan surrender on Sept 2,1945 (after bombings of
Hiroshima Aug 6,1945; Nagasaki Aug 9,1945)

2nd Republic
(Oct. 14,1943)
Japanese Puppet Government

a. Japan sponsored
b. Catered to the wishes of Japan

Pres. Jose P. Laurel

V-Pres. Benigno Aquino Sr & VPres. Ramon Avancena
Commonwealth Government
restored
(Oct. 20, 1944)
Pres. Sergio Osmena

a. Phil. rehabilitation from ravages of war

b. Reorganize

American Regime (Part II)

a. U.S Phil. Treaty of General relations (U.S withdrew
sovereignty over Phil)
b. Phil Independence (July 4,1946)
c. RA 4166 (1964)
Change the independence day

3rd Republic
(1946 1948)
Pres. Manuel Roxas
V-Pres. Quirino
Quirino (1948 1953)

a. Retention of military
b. Bell Trade Act Prohibited Phil form
manufacturing or selling products
that compete with US goods

Magsaysay (1953- 1957)

Garcia (1957 1951)
Macapagal (1961-1965)
Marcos (1965 1972)

c. Grant US equal access to exploit our

natural resources

Independent Philippines
a. RA. 6132- ConCon Act August 24,1970
b. Proc. 1081- Martial Law, Sept. 21,1972

1973 Constitution
4th Republic
Pres. Marcos

a.
b.
c.
d.

17 articles
Parliamentary- Unicameral
Prime Minister head of government
President symbolic Head of State

c. Proc.1102- Jan. 17,1933

a. Snap Election (Feb. 17,1986)
b. People Power (Feb 25,1986)
c. Proc. No. 3 (Mar. 25, 1986)

a. Snap Election
b. People Power
c. Proclamation No. 3

a. Plebiscite
b. Proclamation 58 Constitution ratified

Provisional Constitution

1987 Constitution
5th Republic

a. 7 Articles
b. Adopted certain provisions of 1973
Constitution
c.

Chapter 3 - The Concept of the State

1. People- as used in the Constitution
Basis

Refer to:
Sovereign people
Citizens of the country
The Inhabitants
The Electors

Preamble, 1987 Constitution

Art IV, Sec 1
Art XIII, Sec 1
Art V

2. Comparative Provisions on National Territory

1935 Constitution
Treaty of Paris (Dec. 10, 1898)
US & Spain, Nov. 7,1900
US & Great Britain, Jan. 2,1930

1973 Constitution
The National territory comprises the Philippine archipelago with
all the islands and waters embraced therein

1987 Constitution
The national territory comprises the
Philippine archipelago with all the islands
and waters embraced therein

And all territory over which the

present Government of Philippine
islands exercise jurisdiction

and all the other territories belonging to the Philippine by

historic right or legal title

And all other territories over which the

Philippine sovereignty and jurisdiction

Including . and the submarine areas over which the Philippine

has sovereignty and jurisdiction
Article I. Definition covers the following content
1. Those created to US under Treaty Spain ceded Cuba, Puerto Rico, Guam, Philippines to US
of Paris (Dec. 10, 1898)
2. Those defined under the US
U.S paid additional $ 100, 000 to Spain to include said.
treaty on Nov. 7, 1900 left out in
Treaty of Paris ()
3. Those defined under U.S Great
U.K administered state of North Borneo
Britain , League of Nations Treaty of
Jan. 2,1930
4. .
..

Meaning:

Basis

Connect the outermost points of our archipelago with straight baseline and consider all the waters enclosed
thereby as internal waters
Entire archipelago is regarded as one integrated unit instead of being fragmented into so many thousand
islands
Part IV, Art. 41 (1)UNCLOS
2ND sentence, Art 1, 1987 Constitution

Without the doctrine

will result to dismemberment of our archipelago

>Sibuyan
>Palawan isolated from the rest of our archipelago
2. Part of Philippine waters would become international waters
>Camiguin

United Nations Convention on the Law of the Sea (UNCLOS)

Functions
a. Defines the rights and responsibilities of nations
b. In their use of the worlds oceans
c. Establishing guidelines
d. For business, the environment and the management of marine and natural resources

Milestone

Concluded Dec 10,1982

Philippines signed May 8,1984
Effective date Nov. 16, 1994
Ratified 165 countries
(Montego Bay, Jamaica)
China signed June 7,1996
Guyana 60TH signatory

Settlement of Dispute
Part XV- State which ratified UNCLOS shall choose one or more of the following means for settlement of
disputes
a.
b.
c.
d.

international tribunal for the law of sea

international court of justice
arbitral tribunal
special arbitral tribunal

Ocean boundaries under UNCLOS

Zone
Internal Waters

Coverage
Waters on landward side of baseline

Territorial sea

12 mi (22 kms) from baseline

Contiguous zone
(not part of territory)

12 mi (22 kms) from territorial sea

Rights
Philippines full sovereignty
Foreign no right of innocent passage
Philippines full sovereignty
Foreign no right of innocent passage
Philippines limited jurisdiction enforce
customs, taxation.,of laws

Exclusive Economic Zone

200 mi (370 kms) from baseline
Continental shelf
3. Government
Definition

Not to exceed 350 mi (650 kms) from baseline

- Agency through will of state
-Formulated, Expressed, Realized

Mandate
Kind

Philippines sole exploitation rights over

all natural resources

1. Constituent

Definition
a. constitutes
b. very bonds of society

2. Ministrant

a. to advance

- promote welfare of people

Functions
Example
1. peace and order
property rights administration of
justice political duties of citizen
national defense
foreign relation
Public works

Cases
PVTA vs CA 65 SCRA 416
The growing complexities of modern
society have rendered this traditional
classification of functions of
government unrealistic, not to
absolute.
Romualdez - Yap vs CSG 234 SCRA 285

b. general interest of society

Public charity
Trade and industry

Distinction can be made on the validity

of reorganization between
government bureau performing
constituent functions like BOC.

Presidential v. Parliamentary
President government , there is separation of executive and legislative powers while in Parliamentary government there is fusion of both
executive and legislative power in parliament, although the actual exercise of the executive power is vested in Prime Minister who choosen and
accountable to Parliament

Centralization of Control
a. Unitary Government control of national and local affairs is exercised by central or national government single centralized government
exercising powers over both the internal and external affairs of state
b. Federal government powers of government are divided between two sets of organs one for national affaors and local affairs each organ being
supreme within its own sphere
Functions
Constituent compulsory because constitute of the society
Ministrant undertaken to advance the general interest of society

Chapter 4
General Rule: State may not be sued without its consent. Art XVI, Sec 3
BASIS:
1. Impairment of the dignity of the State
2. Challenging to its supposed infallibility
JUSTIFICATION:
1. Infringement of the States Sovereign
- There can be no lega right against the authority which makes the law on which the right depends
2. Impracticability of Suits
- Demands and inconveniences of litigation will divert the time and resources of the State from the more pressing matters demanding its
attention.
EXCEPTION: when the state give its consent Art XVI, Sec 3
Who may avail State Immunity?
State

Rationale:
state is insulated from jurisdiction of
courts of justice

Garcia vs Chief of Staff 16 SCRA 120.claim for damages filed by

Mariano Garcia for injuries he sustained while undergoing military
training albeit filed against AFP chief of staff was actually suit
against the state ,dismissed because state did not give it consent
Amigable vs Cuenca 43 SCRA 360. Government takes away private
property owned by Victoria A. for public use without appropriation
or negotiated sale.Aggrieved party may sue government through
PH commission Nicolas Cuenca

Public Officer
Acts performed:
a) In discharge of official duties
b) within scope of authority
Government Agencies

A. INCORPORATED:
- consult charter
a. suable: if charter says so regardless
functions

Veterans Manpower vs CA 214 SCRA 286.Claim for damages

against PC chief is suit against the state since it was against public
officer in the discharge of official government function

PNR vs IAC 217 SCRA 401 PNR is created to operate transport

service which is essentially a business concern, and thus barred
from invoking community suit
Farolan vs CA 217 SCRA 298 Held: ..

B. UNINCORPORATED:
- determine function
a. suable: proprietary
b. not suable: governmental
Foreign State

With immunity:
- when sued in courts of local
state
Rationale:
par in parenum habet imperium
(an equal has no power over an equal)

Diplomatic agent

With immunity:
- when acting within directive of
government

International Organization

With immunity:
- raison detre
Assurance of unimpeded Performance
of their functions

Express Consent of Immunity

General Law

General Law

Bureau of Printing vs BOPEA. Held: as an office of the government

without an corporate of judicial personality. Bureau of Printing
cannot be sued
Holy See vs Rosario. Held: Holy See is duly accredited diplomatic
mission exempt from local jurisdiction and entitled to immunities.
Starbright filed complaint for annulment of sale of damages against
the Holy See in connection with property owned by latter which is
the subject matter of contract to sell.

Minucher vs CA. Petition denied. Scalzo was immuned Facts:

Minucher filed suit for damages against Arthur Scalzo, US DEA
agent who together with Philippine narcotic agents conducted buybust operations against Minucher. Held: a US DEA agent allowed
by Philippine government to help contain the problem on the drug
traffic is entitled to the defense of state immunity from suit
Callado vs Irri IRRI is an international organization entitled to
state..

Art. 3083
PA vs NLRC
Government gives consent to be sued upon any
money claim liability from contract
Waiver of Immunity
Republic vs. Purisima
1.Express Consent
Government of Philippines hereby consents
and submits to be sued upon any moneyed
claim involving liability arising from contract
express or implied which could serve as basis of
civil action between private properties

Special law
State Commences Litigation

Act. No.2457..
3. Implied Consent
Rule: it becomes vulnerable to
counterclaim
State enters into Contract
Suable in its proprietary capacity
Not suable- in its governmental capacity
Scope of Consent
Rule: consent be sued does not include consent to the execution of judgment against it
2 concept of Foreign Sovereign Community
Classical (Absolute theory)
a. Sovereign cannot be sued without its consent
b. Sued in the courts of other sovereign

Republic vs Pan Oriental Shipping

Republic vs. Sandigan Bayan

Mobil Philippines vs. Customs Arrastre

Newer (Restrictive theory)

a. immunity of sovereign is recognized only with regards to public acts or acts jure imperil of state
b. but not with regards to private acts or acts jure gestionis
Comments on Restrictive Theory
a. difficulty in characterizing wether a contact of sovereign state
with private property
b. is act jure/gestionis
Acts jure imperii (by right of dominion)
1. Lease by foreign government of apartment buildings for use of
Syquia vs. Almeda Lopez 84 PHIL 312
its military officers
2. Conduct of public bidding for the repair of wharf of US Naval
USA vs. Ruiz 136 SCRA 487
Station
3. Change of employment status base employees
Sanders vs. Veridiano 162 SCRA 88
Acts jure gestionis
1. Hiring of cook in recreation center at John Hay Air Station for
USA vs Rodrigo
American ser
2. Bidding for recreation of
USA vs Ruiz 136 SCRA 487
4. Change of employment status base employees
Sanders vs Veridiano 162 SCRA 88
Suability a. result of express or implied consent
b. of the state to be sued
Liability a. determined after hearing
b.based on relevant laws and established facts
Problem not a solution

Rule: waiver of immunity (concession of liability)

Illustrative Cases

Torio vs. Fontanilla

Merrit vs. Government of Philippine Islands
Palfox vs. Province of Ilocos Norte
CHAPTER 5

Republicanism
Sec I of Art II of the Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates
from them
Republic is representative government run by people and for people
ESSENCE: Representative and Renovation
PURPOSE: almost needless to state is the promotion of the common welfare according to the will of the people themselves
(Determined by the rule of majority that is the greater number of people)
Law provides and ours is a government of laws and not of men. The ascendancy of the law is axiomatic in a republic and must be recognized by
every public official no matter how exalted
Illustrative Case
Villavicencio vs. Lukban The Supreme court had nevertheless no choice except to condemn his act
there being no showing that it had been authorized by any law or even an ordinance.
Fundamental rights of life, liberty, and pursuit of happiness considered as individual possessions are secured by those maxims of Constitutional
Law.

PREAMBLE
We the sovereign 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 common good, conserve and develop our patrimony, and to secure ourselves and to posterity the
blessings of independence and democracy under the rule of law regime of truth justice, freedom, love, equality, and peace, do ordain or promulgate
this constitution.

1935 Constitution
The Filipino people, imploring the aid of the
Divine Providence

PREAMBLE
1973 Constitution
We, the sovereign Filipino people, imploring
the aid of Divine Providence

In order to establish a government that shall

embody their ideals
Conserve and develop the patrimony of the
nation,
And secure to themselves and their posterity
The blessings of independence
Under a regime of
Justice, liberty, and democracy,

In order to establish a government that shall

embody our ideals,
Promote the general welfare, conserve and
develop our patrimony,
And secure to ourselves and our posterity
The blessings of democracy
Under a regime of
Justice, peace, liberty, and equality,

Do ordain and promulgate this Constitution

53 words

Do ordain and promulgate this Constitution

57 words

PREAMBLE
Definition
1. Express ideals and aspirations of Filipino people; and
2. Provides basis for crafting provisions that will achieve its
purpose
Nature
1. not a governmental power;
2. not a source of substantive rights;
3. does not impose duties

1987 Constitution
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
75 words

Functions
1. indicates authors of the Constitutions
a. we the sovereign Filipino people
2. enumerates aims and aspirations of framers
a. to build a just and humane society, promote common
good
3. serves as aid in the interpretation of text of the Constitution
a. preamble to the Constitution Act was cited by SC of
Canada to include guarantees to judicial independence

PRINCIPLES
Purpose
1. Enunciates political creed of the nation;
2. Guides the legislature in enacting laws;
3. Aids the Courts in its exercise of judicial review.

Article II
6 Principles (Sections 1-6)
22 State Policies (Sections 7-28)
Other General Principles and Policies
Art. XIII Social justice labor, urban land reform and housing, health,
women, role and rights of peoples organizations, and human rights;
Art. XIV Education, language, science and technology, arts, culture,
sports;
Art. XV
1987 Constitution
Art. II, Declaration of Principles and State Policies
Sec. 1 Republicanism
Sec. 2 Incorporation Clause
Sec. 3 Civilian Supremacy
Sec. 4 Defense of the State
Sec. 5 Social Justice
Sec. 6 Separation
Sec. 7 Foreign Policy
Sec. 8 Nuke Free Philippines
Sec. 9 Social Services
Sec. 10 Social Justice
Sec. 11 Human Rights
Sec. 12 Family
Sec. 13 Youth
Sec. 14 Women
Sec. 15 Health
Sec. 16 Ecology
Sec. 17 ESTACS
Sec. 18 Labor
Sec. 19 National Economy
Sec. 20 Protection to Labor
Sec. 21 Agrarian Reform
Sec. 22 - Indigenous
Sec. 23 - NGO

Sec. 24 Info. Com. Tech (???)

Sec. 25 Local Autonomy
Sec. 26 Political Dynasty
Sec. 27
Sec. 28
FUNDAMENTAL POLICIES
Section 1
The Philippines is a democratic and republican State. Sovereignty
resides in the people and all government authority emanates from
them.
Purpose
1. Establishes republican form of government;
2. Manifests our aversion to autocratic rule or totalitarian
regime.
Republican Government
1. Run by the people though their chosen representatives
2. Who, in turn, are accountable to the will of the people
Manifestations of Republicanism
1. Government laws and not of men
2. Rule of the majority (plurarity in elections)
3. Accountability of public officials
4. Bill of rights
5. Proscription against passage of irrepealable laws
6. Separation of powers
Case(s):
1. Villavicencio v Lukban
o The Supreme Court voided Mayor Lukbans act, there
being no showing that it had been authorized by law or
even an ordinance. Ours is a government of law and not
of men.

o His intention to suppress the social evil was commendable.

His methods were unlawful
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.
3 Aspects
1. Renunciation of law war of aggression
2. Incorporation clause membership in family of nations
o Generally accepted principles of international law
automatically forms part of the laws of member
State
o Pacta sunt servanda agreements should be
observed in good faith
Amity with nation friendly relations with other states
Exceptions to Pacta Sunt Servanda
1. Exercise of police power
2. Conflict with constitution
3. Separation of powers and rule-making power of the Supreme
Court
Case(s):
1. Kuroda v Jalandoni
2. Ichong v Hernandez (Exercise of Police Power)
3. Sec. of Justice v Lantion (Conflict with Constitution)
4. In Re. Garcia (Separation of Powers and Rule-Making Power of
the Supreme Court)
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

Correlation
Article VII, Section 18, 1987 Constitution - The President shall
be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call
out such armed forces to prevent or suppress lawless violence,
invasion or rebellion. In case of invasion or rebellion, when the
public safety requires it, he may, for a period not exceeding
sixty days, suspend the privilege of the writ of habeas corpus
or place the Philippines or any part thereof under martial law
Case(s):
1. Alih v Castro
2. IBP v Zamora
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.
Basis

Inherent right of every state to existence and self-preservation

Case(s):
1. People v Lagman and Zosa
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.
Purpose
Bare essentials under a democratic regime:
1. Peace and order civilized society;
2. Due process life, liberty, and property;
3. Equal protection enjoyment by all the people;
4. Police power general welfare or the common good.

Correlation
Art. XVI, Section 4, Constitution - The Armed Forces of the
Philippines shall be composed of a citizen armed force which
shall undergo military training and serve, as may be provided
by law. It shall keep a regular force necessary for the security
of the State.
Section 6
The separation of Church and State shall be inviolable.
Correlation:
Art. III, Sec. 5, Constitution - No law shall be made respecting
an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference,
shall forever be allowed. No religious test shall be required for
the exercise of civil or political rights.
Art. VI, Sec 29(2), Constitution - No public money or property
shall be appropriated, applied, paid, or employed, directly or
indirectly, for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of religion, or of
any priest, preacher, minister, or other religious teacher, or
dignitary as such, except when such priest, preacher, minister,
or dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.
Purpose
Forestall union between the State and the Church which might
lead to abuse the power
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 Formulation

1. take into action specific international circumstance;
2. consider national sovereignty, territorial integrity, national
interest, and the right to self determination;
3. adhere to peace, equality, justice, freedom, cooperation,
and amity with all nations.
Purpose
1. highlights our aversion to foreign domination
2. emphasize our guidelines in basic foreign policy formulation
R.P.-U.S. DEFENSE COOPERATIONS AGREEMENT
Types:
1. Mutual Defense Theory
o Signed: 1951
o Salient Features: defend each others territory in case
of external attack
Concessions: Subic Naval Base & Clark Air Base
Visiting Forces Agreement
o Signed: May 27, 1999
o Salient Features: crisis-action planning; training to
counterterrorism operations; promoting
interoperability of the forces
o Concessions: annual military exercises between U.S.
and the Phil.
Enhance Defense Cooperation Agreement (EDCA)
o Signed: April 28, 2014
o Term: 10years
o Salient Features: develop their individual and collective
capacities to resist armed attack by: (a) improving
interoperability, (b) armed forces modernization, (c)
maintain and develop maritime security in response to
natural disasters
o Concessions: allows U.S. to presposition and store
defense material, equipment, and supplies. The

Agreement makes clear that this material include

nuclear weapons.
Section 8
The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory.
Purpose:
1. Establishment a nuke-free PH
2. Declaration to the whole world of this policy
3. Expression of anti-US Sentiment
4. Self-imposed restriction to develop and possess nuclear arms
Nuclear Accidents:
1. Three Mile Island, USA, (1979)
2. Chernobyl, Ukraine (April 26, 1986)
3. Fukishima, Daiichi, Japan (March 11, 2011)
Nuke Free Philippines
1. Allergic reactions to Marcos projects
2. Fear of nuclear accidents
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.
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.
Case(s):
1. Calalang v Williams
2. Guido v RPA
Section 11
The State values the dignity of every human person and guarantees
full respect for human rights.
Evolution
1. Presidential Committee on Human Rights - created by
President Corazon Aquino in 1986
2. Commission on Human Rights - established by the 1987
Constitution
Correlation
1. Art. XIII, Sec. 17, Constitution - There is hereby created an
independent office called the Commission on Human Rights.
2. Art. XIII, Sec. 18, Constitution
Case(s):
1. Carino v CHR
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.
In Summary:
1. Recognize sanctity of family life;
2. Protect and strengthen the family;
3. Protect life of mother and life of unborn;

4. Support parents in the rearing of the youth

Case(s):
1. Meyer v Nebraska
2. Pierce v Society of Sisters
3. DECS v San Diego
4. Virtuouso v Municipal Judge
o Virtuouso is a 17 year old minor entitled to the
protection and benefits of the Child and Youth Welfare
Code
o As such, he could be provisionally released on
recognizance in the discretion of a court.
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.
Correlation
UN Convention on the Rights of Children - create avenue
wherein youth sector can participate in the affairs of
government and the country as a whole
Purpose
Encourage the involvement and participation of the youth
sector in nation-building
Laws on Youth Participation
1. PD 684 (1975) - established the Kabataang Barangay (KB)
2. RA 7160 (1991) - incorporated Sangguniang Kabataan (SK) in
the Local Government Code and abolished the KB.
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.

Correlation
Art. XIII, Sec. 14, Constitution - The State shall protect
working women by providing safe and healthful working
conditions, taking into account their maternal functions, and
such facilities and opportunities that will enhance their
welfare and enable them to realize their full potential in the
service of the nation.
Case(s):
1. PT&T v NLRC
Section 15
The State shall protect and promote the right to health of the people
and instill health consciousness among them.
Implementation
1. RA 9211 (July 14, 2014)
o Prohibits smoking in public places;
o Requires cigarette packs to be covered by graphic
pictures and illustrations of smoking hazards such as
damaged lungs and throats.
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.
Case(s):
Oposa v Factoran

Art XIV, Sec. 5(5), Constitution - The State shall assign the
highest budgetary priority to education and ensure that
teaching will attract and retain its rightful share of the best
available talents through adequate remuneration and other
means of job satisfaction and fulfillment.
Case(s):
Guingona v Carague
Section 18
The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.
Section 20
The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed
investments.
Correlation
Art. XIII, Sec. 3, Constitution - The State shall afford full
protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of
employment opportunities for all.
Case(s):
PASEI v Drilon
Section 19
The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.

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.

Correlation
Art. XI, Sec. 13, Constitution - The State shall pursue a trade
policy that serves the general welfare and utilizes all forms
and arrangements of exchange on the basis of equality and
reciprocity.

Correlation

Case(s):

Tanada v Angara
Section 21
The State shall promote comprehensive rural development and
agrarian reform.
Correlation
Art. XIII, Sec. 4, Constitution - 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
Case(s):
Association of Small Landowners v Secretary of Agrarian
Reform
Luz Farms v Secretary of Agrarian Reform
Section 22
The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and
development.
Implementation
Indigenous People Rights Act (RA 8371, October 29, 1997)
Salient Features:
o Concept of ancestral lands/domains
o Indigenous concepts of ownership
o Rights to ancestral domains
Section 23
The State shall encourage non-governmental, community-based, or
sectoral organizations that promote the welfare of the nation.
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.
Case(s):
1. Basco v PAGCOR
o Local autonomy under the 1987 Constitution simply
means decentralization. It does not make local
governments sovereign within the state or an
imperium in imperio.
Dadole v COA
o Any directive by the President or his alter egos seeking
to alter wisdom of a law-confirming judgement on
local affairs of LGU is patent nullity because it violates
the principle of local autonomy and separation of
powers of the executive departments in governing
municipal governments.
Section 26
The State shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by law.
Case(s):
1. Pamatong v COMELEC
o The provision does not bestow a right to seek the
Presidency. The provision is not intended to compel
the State to enact positive measures that would
accommodate as many as possible into office. The
privilege may be subjected to limitations. One such
limitation is the provision of Omnibus Election Code on
nuisance candidates.
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.
Correlation:
Art. III, Sec. 7, Constitution - The right of the people to
information on matters of public concern shall be recognized.
Access to official records, and to documents, and papers
pertaining to official acts, transactions, or decisions, as well as
to government research data used as basis for policy
development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
Case(s):
1. Aquino-Sarmiento v Morato
o Carmen Aquino-Sarmiento - member of MTRCB
requested in February 1989 to examine boards
records pertaining to the voting slips of individual
board members review of the movies and television
productions.
o Moratos refusal to allow Aquino-Sarmiento to
examine the records is violative of the constitutional
right of access to public records, specifically Sec. 7, Art.
III, of the Constitution.