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Note: In the view of the new Constitution, the Philippines is not only a representative or republican state but also shares some
aspects of direct democracy such as initiative and referendum.
A:
1. Section 14, Article XIII of the Constitution provides: "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."
2. Section 16, Article II of the Constitution provides: The State shall protect and advance the right of the people and
their posterity to a balanced and healthful ECOLOGY in accord with the rhythm and harmony of nature."
3. Section 1, Article XVII of the Constitution provides: "The Flag of the Philippines shall be red, white, and blue, with a
sun and three stars, as consecrated and honored by the people and recognized by law."
Section 2, Article XVI of the Constitution states: The Congress may by law, adopt a new name for the country, a
national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions
of the people. Such law shall take effect only upon its ratification by the people in a national referendum."
4. Section 22, Article II of the Constitution provides: The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and development."
Section 5, Article XII of the Constitution reads: The State, subject to the provisions of this Constitution and national
development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral
lands to ensure their economic, social and cultural wellbeing.
The Congress may provide for the applicability of customary laws governing property rights or relations in determining
the ownership and extent of the ancestral domains."
Section 6, Art. XIII of the Constitution provides: The State shall apply the principles of agrarian reform or stewardship,
whenever applicable in accordance with law, in the disposition or utilization of other natural resources,
including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights,
homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands.
The State may resettle landless farmers and farm workers in its own agricultural estates which shall be distributed to
them in the manner provided by law."
Section 17, Article XIV of the Constitution states: "The State shall recognize, respect and protect the rights of
indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider
these rights in the formulation of national plans and policies."
5. Section 17, Article II of the Constitution provides: "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."
Section 14, Article XII of the Constitution reads in part: "The sustained development of a reservoir of national talents
consisting of Filipino scientists, entrepreneurs, professionals, managers, highlevel technical manpower and skilled
workers and craftsmen shall be promoted by the State. The State shall encourage appropriate technology and regulate
its transfer for the national benefit.
Subsection 2, Section 3, Article XIV of the Constitution states: "They (educational institutions) shall inculcate
patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national
heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and
spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden
scientific and technological knowledge, and promote vocational efficiency."
Section 10, Article XIV of the Constitution declares: "Science and Technology are essential for national
development and progress. The State shall give priority to research and development, invention, innovation,
and their utilization; and to science and technology education, training, services. It shall support indigenous,
appropriate, and selfreliant scientific and cultural capabilities, and their application to the country's
productive systems and national life."
Section 11, Article XIV of the Constitution provides: "The Congress may provide for incentives, including tax deductions,
to encourage private participation in programs of basic and applied scientific research. Scholarships, grantsinaid or
other forms of Incentives shall be provided to deserving science students, researchers, scientists, investors,
technologists, and specially gifted citizens."
Section 12, Article XIV of the Constitution reads: The State shall regulate the transfer and promote the adaptation of
technology from all sources for the national benefit. It shall encourage widest participation of private groups, local
governments, and communitybased organizations in the generation and utilization of science and technology."
Q: Does the 1987 Constitution provide for a policy of transparency in matters of public concern?
A: Yes, the 1987 Constitution provides for a policy of transparency in matters of public interest:
1. Section 28, Article II of the 1987 Constitution provides: "Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full disclosure of all its transactions involving public interest,"
2. Section 7, Article III states: "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."
3. Section 20, Article VI reads: "The records and books of account of the Congress shall
be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall
publish annually an itemized list of amounts paid to and expenses incurred for each member."
4. Section 17, Article XI provides: sworn statement of assets, liabilities and net worth of the President, the VicePresident, the Members of the
Cabinet, the Congress, the Supreme Court, the Constitutional Commission and other constitutional offices, and officers of the armed forces
with general or flag rank filed upon their assumption of office shall be disclosed to the public in the manner provided by law.
5. Section 21, Article XII declares: "Information on foreign loans obtained or guaranteed by the government shall be made available to the public."
Note: These provisions on public disclosures are intended to enhance the role of the citizenry in governmental decisionmaking as well as in checking
abuse in government. (Valmonte vs. Belmonte, G.R. No. 74930, Feb. 13, 1989)
Q: Can a person avoid the rendition of military services to defend the State?
A: No. One cannot avoid compulsory military service by invoking ones religious convictions or by saying that he has a sick father and several
brothers and sisters to support. Accordingly, the duty of 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 to 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. (People v. Zosa, G.R. No. L4589293, July 13, 1938).
May a citizen refuse to render personal military service/training because he does not
have military inclination or he does not want to kill or be killed?
No as held in PEOPLE VS. LAGMAN, 66 Phil. 13. The appellants argument that he does not want to
join the armed forces because he does not want to kill or be killed and that he has no military
inclination is not acceptable because it is his obligation to join the armed forces in connection with
the defense of the State provision of the Constitution.
Q: What are the provisions of the Constitution that support the principle of separation of Church and State?
3. Religious groups shall not be registered as political parties. (Par. 5, Sec. 2, Art. IXC, 1987 Constitution)
Note : Exceptions to the abovementioned rule are the following provisons :
1. Churches, parsonages, etc. actually, directly and exclusively used for religious purposes shall be exempt from taxation. (Article VI, Section 28[3]);
2. When priest, preacher, minister or dignitary is assigned to the armed forces, or any penal
institution or government orphanage or leprosarium, public money may be paid to them (Article VI, Section 29 [2]);
3. Optional religious instruction for public elementary and high school students (Article XIV, Section 3 [3]);
4. Filipino ownership requirement for education institutions, except those established by religious groups and mission boards (Article XIV, Section 4 [2]).
Is the separation of church and state a myth or a reality?
It is a reality as shown by the following provisions of the Constitution.
1. ART. III, Sec. 5. 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.
2. ART. VI, Sec. 28 (3). Charitable institutions, churches, mosques, non-profit cemeteriesactually,
directly and exclusively used for religious, charitable, or educational purposes shall be exempt from
taxation.
3. ART. VI, Sec. 29. (2). No public money or property shall be appropriated, applied, paid, for the
benefit, directly or indirectly, for the use, benefit, or support of any sect, church, denomination or
religion, except when such priest, minister is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.
4. ART. IX, C, 2(5). Religious denominations and sects shall not be registeredas political parties.
(NOTE: Religious organizations are also prohibited in connection with sectoral representatives under
Art. VI)
5. ART. XIV, Sec. 3(3). At the option in writing by parents, religion shall be allowed to be taught to
their children in elementary and high schools within the regular class hours by instructors
designated or approved by religious authorities to which said children belong, without additional cost
to the government
What are the factors to be considered by the Philippines in dealing with other nations?
As provided in Section 7 of Art. II, the Philippines shall pursue an independent foreign policy. In its
relations with other states the paramount consideration shall be [1] national sovereignty, [2]
territorial integrity, [3] national interest, and [4] the right to self-determination,
Is there absolute prohibition for the Philippines to be equipped with nuclear
weapons?
No, as stated in Section 8, Art. II, the Philippines, consistent with the national interest,
adopts and pursues a policy of freedom from nuclear weapons in its territory. As such,
if it is consistent with national interest, the same is not prohibited.
May the State prohibit the teaching of a particular language in any school?
No as held in MEYER VS. NEBRASKA, 260 US 260 (1922) because the child is not a mere
creature of the State and the parents have the natural right and duty of rearing their
children for civic efficiency.
May the State require parents to enrol their small children only to public
schools valid?
As held in PIERCE VS. SOCIETY OF SISTERS, 268 US 510 (1925), a law requiring small
kids to be enrolled in public schools only is unconstitutional since it interferes with the
right of parents in rearing their children. They have the right to choose which school is
best suited for the development of their children without interference from the State.
THIS IS SO BECAUSE THE CHILDREN ARE NOT MERE CREATURES OF THE STATE.
Is the Trade Liberalization Act of 2000, RA No. 8762 which allows foreigners to
engage in retail trade in the Philippines violative of Secs. 9, 19 and 20, At. II
of the Constitution which mandates that the national economy shall be
effectively controlled by Filipinos?
No, said law is constitutional. As held by the Supreme Court in REP. GERARDO ESPINA ET
AL VS. EXEC. SEC. RONALDO ZAMORA, G.R. No. 143855, September 21, 2010 (The Trade
Liberalization Act of 2000, RA No. 8762) which allows foreigners to engage in retail trade
in 4 categories is not unconstitutional for alleged violation of Secs. 9, 19 and 20 of Art. II
which mandates that the national economy shall be effectively controlled by Filipinos.
The constitutional provisions does not prohibit foreign investments BUT ONLY TO
REGULATE THE SAME. As such, the claim that as a result of the law, WALMART and
KMART retailers could come to the Philippines and would KILL Filipino retailers has no
basis because foreign participation in retail business is limited.