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DECLARATION OF PRINCIPLES AND STATE POLICIES

I.Introduction
A. Provisions in Article II generally not self-executing; Exception
CASES:
BCDA v. COA, G.R. No. 178160, February 26, 2009
BFAR Employees Union v. COA, G.R. No. 169815, August 13, 2008
Manila Prince Hotel v. GSIS, G.R. No. 122156, February 3, 1997 (Read also the dissent
of J. Puno)

II. Democracy & Republicanism; Supremacy of Civilian Authority; Honesty and Integrity in
Public Service (Sec. 1, 3 & 27)
A. Related provisions: Art. XI (Accountability of Public Officers)
B. Distinction between democratic and republican
C. Features of a republican state
1. Purpose of election laws is to give effect to voters will; in case of doubt, construe
election laws as to give life to the popular mandate freely expressed through the ballot
CASE: Rulloda v. COMELEC, G.R. No. 154198, January 20, 2003
2. Will of majority cannot substitute qualification for office required by the Constitution
CASE: Aquino v. Comelec, G.R. No. 120265, September 18, 1995
3. Sovereignty & right of the people to change their government vs. republicanism
CASE: Estrada v. Arroyo, G.R. No. 146738, March 2, 2001 (concurring opinion of J.
Vicente V. Mendoza)
4. In representative democracy, elected leaders reign only by obtaining the consent of the
electorate during election
CASE: David v. COMELEC, G.R. No. 127116, April 8, 1997
D. Supremacy of Civilian Authority
1. Military cannot bypass civil courts in determining probable cause to conduct search
CASE: Alih v. Castro, G.R. No. L-69401 June 23, 1987
2. Example of allowable participation of military force in civilian law enforcement
CASE: IBP v. Zamora, G.R. No. 141284, August 15, 2000

III. The Incorporation clause (Sec. 2)


A. International law can become part of domestic law either by transformation or by
incorporation; meaning of generally accepted principle of IL
CASE: Pharmaceutical and Health Care Association of the Philippines v. Duque, G.R.
No. 173034, October 9, 2007
B. GR: Congress cannot create a private corporation with legislative charter; EXC: Phil.
National Red Cross (PNRC) has legislative charter, but it is not invalid as the PNRC is not
an ordinary corporation but has a special status under IHL as an auxiliary of the Philippine
government to assist in discharging its obligations under the Geneva Conventions; Creation
of the PNRC (thru legislative charter) an adherence to the Geneva Convention, which has
the force and effect of law under the incorporation clause
CASE: Liban v. Gordon, G.R. No.175352, July 15, 2009 (decision); January 18, 2011
(resolution on the MR)
C. Generally accepted principles of IL may be relied upon to interpret municipal laws;
International Convention for the Protection of All Persons from Enforced legally-binding
on the Philippines although the Philippines has not signed or ratified it and has not passed
a law penalizing enforced disappearance as a crime
CASE: Razon v. Tagitis, G.R. No. 182498, December 3, 2009
D. Examples of generally accepted principle of IL
1. Prohibition against enforced disappearances
CASE: Razon v. Tagitis, G.R. No. 182498, December 3, 2009
2. Prohibition of war of aggression and war crimes
CASE: Kuroda v. Jalandoni, G.R. No. L-2662, March 26, 1949
3. The concept of jus postliminium
CASE: Co Kim Cham v. Valdez, G.R. No. L-5, September 17, 1945
4. Pacta sunt servanda
CASES:
Bayan v. Zamora, G.R. No. 138570, October 10, 2000 Pacta sunt servanda mandates
that the Philippines honor its international obligation under the VFA
Ichong v. Hernandez, G.R. No. L-7995, May 31, 1957 Treaty must clearly provide
the basis for a claimed right; otherwise, the invocation of pacta sunt servanda will not
result in the grant of the relief prayed for
In re Garcia, August 15, 1961 Treaty must clearly provide the basis for a claimed
right; otherwise, the invocation of pacta sunt servanda will not result in the grant of the
relief prayed for
Gonzales v. Hechanova, G.R. No. L-21897, October 22, 1963 GR: Treaties are of
the same plane as statutes; in case of conflict between a treaty and a statute, the later
one shall prevail; EXC: President may not, by executive agreement, enter into a
transaction prohibited by statutes enacted prior thereto
5. Exchange of notes (not a formal treaty) as a mode of concluding a legally binding
written contract between/among states
CASE: Bayan Muna v. Romulo, G.R. No. 159618, February 1, 2011
6. Right to self-determination (but it does not extend to unilateral right of secession except
under the most extreme of cases, under carefully defined circumstances); distinction
between internal and external self-determination; countervailing principle: right to
territorial integrity; UN DRIP does not authorize MOA-AD
CASE: Province of North Cotabato v. GRP Peace Panel on Ancestral Domain, G.R.
No. 183591, October 14, 2008
7. Sovereign immunity from suits
CASE: JUSMAG Phils. v. NLRC, G.R. No. 108813, December 15, 1994

IV. Duties of the Government: Serve and Protect the People, Defend the State, Etc. (Sec. 4 & 5)
A. Right of the Government to require compulsory military service a consequence of its duty
to defend the state
CASE: People v. Lagman, G.R. No. L-45892, July 13, 1938 & People v. Soza, G.R. No.
L-45893, July 13, 1938
B. Example of an exceptional case where the Court gave primacy to general welfare and
national security over individual human rights
CASE: Marcos v. Manglapus, G.R. No. 88211, October 27, 1989

V. Renunciation of War; Independent Foreign Policy; and Nuclear-Free Policy (Sec. 2, 7 & 8)
A. Related provision: Sec. 25, Art. XVIII (re presence of foreign military bases, troops, or
facilities in the Phils.)
B. Nuclear-free policy not violated by Baselines Law
CASE: Magallona v. Ermita, G.R. No. 187167, July 16, 2011 (read also the concurring
opinion of J. Velasco)

VI. Separation of Church and State (Sec. 6)


A. Related provisions: The establishment and free-exercise clauses (Sec. 5, Art. III) and the
prohibition against appropriations for sectarian purpose (Sec. 29(2) of Art. VI)
B. Appropriation for secular purpose, although with incidental sectarian benefit, not
unconstitutional
CASE: Aglipay v. Ruiz, G.R. No. L-45459, March 13, 1937
C. The principle of benevolent neutrality
CASE: Estrada v. Escritor, A.M. No. P-02-1651, August 4, 2003 (decision); June 22, 2006
(resolution)

VII. Social Justice and Human Rights (Sec. 9, 10, 11, 18 and 21); Read also Article XIII re Social
Justice and Human Rights
A. Meaning of Social Justice
CASE: Calalang v. Williams, G.R. No. 47800, December 2, 1940
B. Social justice underlies the governments agrarian reform programs
CASE: Association of Small Landowners v. Secretary of Agrarian Reform, G.R. No.
78742, July 14, 1989
C. Labor as primary social economic force
CASE: Serrano v. Gallant Maritime Services, Inc., G.R. No. 112844, June 2, 1995 (Read
also the concurrence of J. Brion)

VIII. Family, Women and Youth (Sec. 12, 13, 14)


A. Related provisions: Article XIII, Sec. 14 and Article XV, Sec. 1-4
B. Requirement of judicial declaration of presumptive death of absentee spouse for the benefit
not just of the present spouse but also of the State, which is tasked to protect and
strengthen the family as a basic autonomous social institution
CASE: Manuel v. People, G.R. No. 165842 November 29, 2005
C. Rule prohibiting courts from referring VAWC cases to mediation not a violation of the
state policy to protect and strengthen the family as a basic autonomous social institution
CASE: Garcia v. Drilon, G.R. No. 179267, June 25, 2013
D. The RH Law and the right to life of the unborn
CASE: Imbong v. Ochoa, G.R. No. 204819, April 8, 2014
E. Protection of working women
CASE: PT&T Company v. NLRC, G.R. No. 118978, May 23, 1997

IX. Right to Health (Sec. 15); Right to Healthful and Balanced Ecology (Sec. 16)
A. Right to health
1. The RH Law and the right to health
CASE: Imbong v. Ochoa, supra
B. Right to healthful and balanced ecology
1. Sec. 16 the underlying policy of environmental laws
CASE: Resident Marine Mammals v. Secretary Reyes, G.R. No. 180771, April 21,
2015)
2. Sec. 16 justifies issuance of a cease and desist order stopping dumping of garbage in
an open dumpsite
CASE: Laguna Lake Development Authority v. CA, G.R. No. 110120, March 16, 1994
3. Sec. 16 self-executing, carries the correlative duty to refrain from impairing the
environment; the concept of intergenerational responsibility supporting class suit
including generations yet unborn
CASE: Oposa v. Factoran, G.R. No. 101083, July 30, 1993 (read also the concurrence
of J. Feliciano explaining the nuances of the ponencia of J. Davide)
4. In addition to the relevant environmental laws, Sec. 16 supports the Supreme Courts
activist decision ordering the cleanup of the Manila Bay area
CASE: MMDA, et al. v. Concerned Residents of Manila Bay, et al., G.R. Nos.
171947-48, February 15, 2011

X. Education, Science and Technology, etc. (Sec. 17); Information and Communications (Sec.
24)
A. Related provisions: Art. XIV (re Education, Science and Technology, Arts, Culture and
Sports)

XI. National Economy (Sec. 19 & 20)


A. Related provisions: Art. XII (re National Economy and Patrimony)
B. Economic protectionism vs. economic liberalization
1. Retail trade
CASES:
Ichong v. Hernandez, G.R. No. L-7995, May 31, 1957 Retail Trade Nationalization
Law not unconstitutional
Espina v. Zamora, G.R. No. 143855, September 21, 2010 Retail Trade Liberalization
Law not unconstitutional
2. The downstream oil industry
CASES:
Tatad v. Executive Secretary, G.R. No. 124360, November 5, 1997 Provisions of the
Downstream Oil Industry Deregulation Act of 1996: (1) 4% tariff differential, (2)
minimum inventory requirement, and (3) predatory pricing significant barriers that
discourage new players to enter the market, in violation of the prohibition against
monopolies, combinations in restraint of trade and unfair competition
Garcia v. Corona, G.R. No. 132451, December 17, 1999 timing of full deregulation
not justiciable
C. Economic liberalization/globalization not per se unconstitutional; broad constitutional
principles requiring the State to develop an independent national economy effectively
controlled by Filipinos and to protect or prefer Filipino labor and goods while serving as
judicial and legislative guides are not in themselves sources of causes of action
CASE: Taada v. Angara, G.R. No. 118295, May 2, 1997
D. The Filipino First Policy (re grant of rights, privileges and concessions covering the
national economy and patrimony)
CASE: Manila Prince Hotel v. GSIS, G.R. No. 122156, February 3, 1997

XII. Indigenous Cultural Communities (Sec. 22)


A. Read also the Indigenous Peoples Rights Act (IPRA) and its IRR
1. Constitutionality of the IPRA
CASE: Cruz v. Secretary, G.R. No. 135385, December 6, 2000

XIII. The Role of NGOs, etc.; Read also Sec. Sec. 15 & 16, Art. XIII (re Role of POs)

XIV. Local Autonomy (Sec. 25); Read also Art. X (Local Government) & R.A. 7160 (the Local
Government Code)
A. Pork Barrel system goes against local autonomy as it allows district representatives, who
are national officers, to substitute their judgments in utilizing public funds for local
development
CASE: Belgica v. Executive Secretary, G.R. No. 208566, November 19, 2013

XV. Opportunities for Public Service; Prohibition against Political Dynasty (Sec. 26)
A. Opportunities for public service
CASE: Pamatong v. Comelec, G.R. No. 161872, April 13, 2004
B. Political dynasty
CASE: Belgica v. Executive Secretary, supra

XVI. Full Disclosure of Public Transactions (Sec. 28)


A. Read also Sec. 7, Art. III, the right to information on matters of public concern
B. Policy of disclosure self-executing; implementing law only required to prescribe conditions
in the implementation thereof
CASE: Province of North Cotabato v. Government of the Republic of the Phils., G.R.
No. 183591, October 14, 2008

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