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to ourselves and our posterity, the
PREAMBLE
- Preamble is part of the Constitution
but it is not an essential part of the
Constitution because it does not
c re a t e a n y o ff i c e , i t d o e s n o t
guarantee you any right, it does not
grant you any privilege, it does not
confer any power.
- Latin word: Preambulare - To walk
before
- Value of the Preamble: it sets the origin
and purpose of the Preamble
- Origin: it tells you who the authors are
and from whom it is promulgated.
- P e o p l e a re t h e a u t h o r s o f t h e
Constitution.
Note: The preamble is not necessary to be
required in a Constitution for it only
declares the purpose and the aims of the
ones created and promulgated it, which
is the people.
- It states the generally purpose which
are intended to be achieve by the
Constitution. The Government
establish it and certain basic principles
underlying it.
- The general purpose of the
Constitution: do ordain and
promulgate this Constitution, 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
blessings of independence and
democracy.
- The basic principles underlying: that
we live under the rule of law and a
regime of truth, justice, freedom, love,
equality, and peace.
- It also serves as an aid in interpretation
of other provision of the Constitution.
- In the 1935 Constitution, the first
sentence was: THE FILIPINO PEOPLE.
Although we made it but we are still
under the American
- In order to achieve our purpose we
implore the aid of Almighty God.
- In 1935 and 1973 it was Divine
Providence not Almighty God.
- Added phrase: to build a just and
human society and under the rule of
law and a regime of truth, justice,
freedom, love, equality, and peace.
- Reaction yan during the Martial Law
- Promote general welfare to promote
the common good.
- Because yung general welfare - run
nag gusto ng nakakarami perf kung
gusto ng nakarami hindi yon and
makakabuti sa marami akala lang nila
yon ang makakabuti sa kanila so ang
makakabuti sa marami ay kung
COMMON GOOD.
- Pero sa Art 2 Sec 5 di bila bingo
promote general welfare pa din.

ARTICLE II
DECLARATION OF PRINCIPLES AND
STATE POLICIES
- This is not an essential part of the
Constitution. It is merely a statement
of the basic ideological principles that
underly the State.
- Purpose: it gives light on the meaning
o f t h e o t h e r p ro v i s i o n s o f t h e
Constitution therefore they serve as a
guide for all the departments in the
implementation, formulation and
interpretation of the Constitution.
- Constitutional Principles VS State
Policies
Constitutional Principles are the
c o m p re h e n s i v e a n d f u n d a m e n t a l
doctrines in the constitution accepted as
norms in the creation, establishment and
operation of the state.
State Policies are definite methods
and courses of action to guide and
determine present and future decisions.
Principles
1. Democratic and Republican State
(Article II, Section 1)
Section 1. The Philippines is a democratic
and republican State. Sovereignty resides
in the people and all government
authority emanates from them.
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Democratic: the government is of, for and
by the People.
But not all people can be government so
we choose Representatives and a
representative government is a
Republican Government.
- Democracy is exercise by direct
sovereignty of the people like we vote
in an election.
- When we exercise our sovereignty
through our representatives, it is
indirect sovereignty.
- Whether it is direct or indirect exercise
of sovereignty it resides in he People
and all government authority
emanates from them.
a. Manifestations of Democracy and
Republicanism
- Rule of the majority
- Separation of Powers
- Separation of Church and State
- Congress cannot pass an irreparable
law
- Rule of law and not of men: it means no
one is above the law
- Election through popular will
- Existence of bill of rights
- Immunity of Suit
- Checks and Balances
2. Adoption of International Law
a. Renunciation of war
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.
Ex: If we declare war against China is
that constitutional? NO, because we
renounce war as an instrument of
national policy.
What if tayo ang nilusob ng China? Can
we declare war against China? NO,
b e c a u s e w e re n o u n c e w a r a s a n
instrument of national policy.
- *We cannot declare war, we can only
declare the existence of the state of
war.
- We will only do that we are defending
ourselves .
Who is authorize to declare war in the
Philippines? WALA
Who can declare the existence of the state
of war? CONGRESS
Why do we renounce war as an
instrument of national policy?
- because we adheres to the
policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
b. Incorporation clause
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.
- Hindi lahat ng international law we
adopt as part of our laws. Only those
which are generally accepted
principles of international law.
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Sources of International law
1) Treaty
2) Conventions
3) Protocol
4) Treatises - written by experts
5) International Customary law -
generally accepted principle of
international law
It has two elements:
- Objective element: a
general practice. Acts amounting to
certain practice of States. In order for the
act to be a general practice it needs to be
established, widespread and consistent.
BUT general practice alone will not make
it an international customary law
kailangan kasama kung subjective
element
- Subjective element: it is a
belief that that practice is rendered
obligatory by the existence of a rule of
law requiring it. Whether it is really a
rule of law or not but there is a belief that
the reason they are doing it is that they
are obligated by a rule of law which exist.
Whether there is a rule of law or not
because it is a belief, it is an opinion of
law = opinio juris sive nececssitatis yung
opinion of law is rendered necessary.
Generally accepted principles
automatically become part of our laws.
Ex: Isang international customary law na
ang international waters belong to no
one, res nullius. Anybody and everybody
can explore and exploit the area.
Everybody knows that it is part of ___
territorial sea, even before there was
UNCLOS that was the practice of the
State. Ang ginawa lang ng UNCLOS, it
codified the laws. Pero kahit wlang
UNCLOS it has been the practice since

time immemorial recognized by all
States.
Kaya nuna binangga nung USSR yung
tubbataha reef pwede bang maging
responsible and US don? Pwede kasi
under the UNCLOS pasok yon sa
territorial sea and the EEZ but the US did
not signed in the UNCLOS so bakit nila
oobserve yon? Kasi kahit walang
UNCLOS the US has been recognizing
that as an international customary
practice since time immemorial. Ang
hindi pag sign ng US sa UNCLOS is
because they object to the deep sea
mining rights of the state.
So pag generally accepted principle of
international law whether you are a
signatory or not that is an international
law which in our case and in other states
we adopt as part of our laws.
IMPORTANT: Objective and Subjective
Element are important because these
became the basis of the SC to consider
Grace Poe, a foundling, as a Filipino.
Classes of Customary Law
1) Jus Cogens: these are preemptory
norms which are non derogable/
cannot be derogated and
imprescriptible, non transferable.
Ex: international law is res nullius
Right against torture, slavery ,
involuntary servitude
2) Universal Jurisdiction
There are multilateral agreement na
ginawa ang certain crimes to be
international crimes? Lol
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And since it is an international crime they
can be prosecuted, tried and punished
anywhere in the world. All states has
jurisdiction. This is what we call
universal jurisdiction - another class of
customary law.
Ex: Piracy, Genocide, Slavery, Terrorism,
Human Trafficking
- It is the obligation of every state to
observe it and to guarantee it.
- If the leaders are the ones committing
the violation ng jus cogens the state
has the direct responsibility in
international law.
3) Obligatio erga omnes: obligations of
the state to observe and enforce ju
cogens. - another class of customary law.
- Even NGOs and other third parties can
file the action in any court.
4) Action popularis: about procedures
*Jus dispositivum: norms which are less
than jus cogens they can be set aside,
modify and derogated by agreement of
states.
Pacta sunt servanda
- is a generally accepted principle of
international law. Which we adopt as
part of our laws.
- Obligations in the treaties must be met
Deutsche Bank Case
- Treaty on tax privilege ang mag
corporation in both states. Principle of
reciprocity. Eh tong Bank doing
business in the Phils nagbayad ng tax
sa BIR, di nila alam na may privilege
pala sila. So napasobra yung binayad
nila humingi sila ng tax refund. Sabi ng
BIR pwede naman humingi ng refund
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kaya lang lags na sa prescriptive 3. Civilian supremacy; Role of the Military

period ng paghingi ng refund so the (Article II, Section 3)
application for tax refund was denied.
Section 3. Civilian authority is, at all
- The SC ruled that we cannot deny the times, supreme over the military. The
application because we obligation to Armed Forces of the Philippines is the
protector of the people and the State.
meet the agreement. We signed the
Its goal is to secure the sovereignty of the
treaty therefore we have to honor that. State and the integrity of the national
By signing in the treaty we have territory.
obligated ourselves to comply
otherwise owe have violated pacta
sunt servanda which is a generally
accepted principle of international law
which we adopt as part of our laws.

- The problem with international law is

that paano pag hindi sinusunod ng
state?
Soft law:
- To Transform the soft law into hard
law the legislative will pass a law
p ro v i d i n g f o r p e n a l t y f o r n o n
observance and enforce ng state so it
becomes a hard law because the state
can now punish the violators.

Transformation Doctrine:
- The international law hindi naman
generally accepted or generally
accepted and then the Congress pass a
law to enforce it, we transform
international law as a local law.
- It is based on treaties.

Incorporation Doctrine:
- Whether the Congress pass a law or
not because it is a generally accepted
principle of international law we adopt
that as part of our laws.
- BUT if hindi say generally accepted
principle para maging part of our laws
we need to transform it into municipal
law.
- It is based on customary laws.