Cases on Basic State Principles and Policies:

Bureau of Fisheries v. commission on Audit,

G.R. No. 169815, Aug. 13, 2008
CJ Puno
Facts:
The BFAR Employees Union issued a resolution requesting the BFAR Central Office for a Food
Basket Allowance. It justified its request on the high cost of living which makes it hard to sustain even
the four basic needs. On post-audit, COA disallowed the grant of Food Basket Allowance. Petitioners
moved for reconsideration and prayed for the lifting of the disallowance for being unconstitutional as it
contravenes the fundamental principle of the State enshrined under Sections 9 and 10, Article II of the
1987 Constitution.
Issue: Is the disallowance in question unconstitutional?
Held:
The court denied the petition. Social justice provisions of the Constitution are not self-executing
principles ready for enforcement through the courts. They are merely statements of principles and
policies giving guidelines for legislation and that they do not embody judicially enforceable
constitutional rights.
Oposa v. Factoran,
G.R. No. 101083, July 30, 1993
J. Davide, Jr.
FACTS:
The petitioner, all minors and alleges that the plaintiffs "are all citizens of the Republic of the
Philippines, taxpayers, and entitled to the full benefit, use and enjoyment of the natural resource
treasure that is the country's virgin tropical rainforests, duly joined and represented by their parents
instituted a complained as a taxpayers class suit and prayed for the rendering of judgment ordering
defendant Factoran, then Secretary of the DENR, his agents, representatives and other persons
acting in his behalf to cancel all existing timber license agreements in the country and to cease and
desist form receiving, accepting, processing, renewing or approving new timber license agreements.
ISSUE:
Whether or not the said petitioners have a cause of action?
HELD:
Yes. The petitioners have a cause of action. The complaint focuses on one specific fundamental legal
right-the right to a balanced and healthful ecology which, for the first time in our constitutional history,
is solemnly incorporated in the fundamental law.
Villavicencio v. Lukban,
39 Phil. 778
J. Malcolm
Respondent Justo Lukban, Mayor of the city of Manila, for the best of all reasons, to exterminate vise,
ordered the segregated district for women of ill repute, which had been permitted for a number of
years in the City of Manila, closed. The women were kept confined to their houses in the district by
the police. At about midnight of October 25, the police, acting pursuant to the orders from the chief of
the police and Justo Lukban, descended upon the houses, hustled some 170 inmates into patrol
wagons, and placed them aboard the steamers Corregidor and Negros. They had no knowledge
that they were destined for a life in Mindanao. The two steamers with their unwilling passengers
sailed for Davao during the night of October 25, 1918.

ISSUE: Whether or not the act of the Mayor of the City of Manila is constitutional?
HELD:
No, these women despite their being in a sense, lepers of society are nevertheless not chattels but
Philippine citizens protected by the same constitutional guarantees as other citizens.
People v Sosa
G.R. No. L-45893 : July 13, 1938
J. Avancena
FACTS:
Tranquilino Lagman and Primitivo de Sosa are charged with and convicted of refusal to register for
military training as required by the above-mentioned statute. On appeal, Zosa argued that he was
fatherless and had a mother and eight brothers to support, while Lagman alleged that he had a father
to support, had no military leanings, and did not wish to kill or be killed; and both claimed that the
statute was unconstitutional.
ISSUE: Whether or not the the National Defense Law is valid, under which the accused were
sentenced.
HELD:
Yes, 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.
Pharmaceutical and Health Care Association v. Health Secretary
G.R. No. 173034 : October 9, 2007
J. Austria-Martinez
EO 51 (Milk Code) was issued. Such law seeks to give effect to Art. 112 of the International Code of
Marketing of Breastmilk Substitutes (ICMBS), a code adopted by the World Health Assembly (WHA).
The Philippines ratified the International Convention on the Rights of the Child. Article 24 of said
instrument provides that State Parties should take appropriate measures to diminish infant and child
mortality, and ensure that all segments of society, specially parents and children, are informed of the
advantages of breastfeeding. The DOH issued herein assailed RIRR which was to take effect on July
7, 2006.
Issue:
Whether Administrative Order or the Revised Implementing Rules and Regulations (RIRR) issued by
the Department of Health (DOH) is unconstitutional?
HELD:
Yes, Under the 1987 Constitution, international law can become part of the sphere of domestic law by
transformation such as local legislation. Legislation is necessary to transform the provisions of the
WHA Resolutions into domestic law.
Ichong v.Hernandez
101 Phil. 1155 : May 31, 1957
J. Labrador
FACTS:
Petitioner filed a suit to invalidate the Retail Trade Nationalization Law, on the premise that it violated
several treaties which under the rule of pacta sunt servanda, a generally accepted principle of
international law, should be observed by the Court in good faith.
ISSUE:

Whether or not the Retail Trade Nationalization Law is unconstitutional for it is in conflict with treaties
which are generally accepted principles of international law.
HELD:
No, the reason given by the Court was that the Retail Trade National Law was passed in the exercise
of the police power which cannot be bargained away through the medium of a treaty or a contract.
Bayan Muna v. Romulo
G.R. No. 159618 : February 1, 2011
J. Velasco Jr.
Under EO 420, the President directs all government agencies and government-owned and controlled
corporations to adopt a uniform data collection and format for their existing identification (ID) systems.
Section 5 of EO 420 prescribes the safeguards on the collection, recording, and disclosure of
personal identification data to protect the right to privacy.
ISSUE:
Whether or not EO 420 infringes on the citizen's right to privacy.
HELD:
No, EO 420 does not establish a national ID system but makes the existing sectoral card systems of
government entities like GSIS, SSS, Philhealth and LTO less costly, more efficient, reliable and userfriendly to the public. Hence, EO 420 is a proper subject of executive issuance under the President's
constitutional power of control over government entities in the Executive department, as well as under
the President's constitutional duty to ensure that laws are faithfully executed.
Department of Education v. San Diego
180 SCRA 533 : December 21, 1989
J. Cruz
Facts:
The petitioner disqualified the private respondent who had actually taken and failed four times the
National Medical Admission Test from taking it again under its regulation. But the private respondent
contends that he is still entitled and hence, applied to take a fifth examination based on constitutional
grounds: right to academic freedom and quality education, due process and equal protection. He filed
a petition for mandamus. The respondent judge declared the said rule invalid and granted the petition.
Issue:
Whether or not the three flunk rule is a valid exercise of police power.
HELD:
Yes, While every person is entitled to aspire to be a doctor, he does not have a constitutional right to
be a doctor. The private respondent has failed the NMAT five times and this is sufficed to say that he
must yield to the challenged rule and give way to those better prepared.
Ondoy v. Ignacio
97 SCRA 252 : May 16, 1980
CJ Fernando
Petitioner Estrella Ondoy filed a claim for compensation for the death of her son, Jose Ondoy, who
drowned while in the employ of respondent Virgilio Ignacio. Respondent moved to dismiss on the
ground of lack of employer-employee relationship. The referee ignored the affidavit of the chief-mate
of respondent employer "that while Jose Ondoy, my co-worker, was in the actual performance of his
work with said fishing enterprises, he was drowned and died." The hearing officer or referee
dismissed the claim for lack of merit. A motion for reconsideration was filed with the Secretary of
Labor but was denied.

ISSUE:
Whether or not the claim for compensation was validly dismissed.
HELD:
No, There is evidence, direct and categorical, to the effect that the deceased was drowned while in
the actual performance of his work with the shipping enterprise of private respondent. As between a
laborer, usually poor and unlettered, and the employer, who has resources to secure able legal
advice, the law has reason to demand from the latter stricter compliance. Social justice in these cases
is not equality but protection.
Calalang v. Williams
70 Phil. 726 : December 2, 1940
J. Laurel
The Director of Public Works promulgated rules and regulations pertaining to the closure of Rosario
Street and Rizal Avenue to traffic of animal-drawn vehicles for a year in prohibition against
respondent-public officers. Petitioner contends that the rules and regulations promulgated by the
respondents pursuant to the provisions of CA 548 constitute an unlawful interference with legitimate
business or trade and abridge the right to personal liberty and freedom of locomotion. CA 548 was
passed by the National Assembly in the exercise of the paramount police power of the state.
ISSUE:
Whether the provisions of Commonwealth Act No. 548 are constitutional?
HELD:
Yes. Said Act, aims to promote safe transit upon and avoid obstructions on national roads, in the
interest and convenience of the public. It was inspired by a desire to relieve congestion of traffic.
which is, to say the least, a menace to public safety. Persons and property may be subjected to all
kinds of restraints and burdens, in order to secure the general comfort, health, and prosperity of the
state.
Espina v. Zamora
G.R. No. 143855 : September 21, 2010
J. Abad