Cases and doctrines

Provision

Art 1

Art 2

Section 1

Case title

Buzz words

Doctrine

Magallona v
Ermita

Philippine
Territory,
UNCLOS III

UNCLOS empowers the Philippines' exercise of Art. 1

of the Constiution. UNCLOS did not weaken the
country's claim on Scarborough, Kalayaan Group of
Islands, and Sabah. Even though UNCLOS gave more
freedom to ships and airships to pass though
Philippine internal waters, the state has the freedom
to pass laws to regulate innocent and sea lanes
passage.

BCDA v COA

Year-end
benefits,
contractual
employees,board
members

Article 2 is a statement of general ideological

principles, and is not a source of enforceable rights.

People v Gozo

residence,
building permit,
US military
base

The State still exercises sovereignty, although

diminished but not entirely non-existent, over military
bases in its territory.

Co Kim Chan v
Valdez Tan Keh

Japanese era,
Court of First
Instance

The government that existed during the time of the

Japanese was a kind of de facto government as one
established by the Filipinos in insurrection or rebellion
against the parent state. Therefore, being a de facto
government, all acts and proceedings of the same are
good and valid.

In re letter of
Assoc Justice
Puno

Cory Aquino,
Court of
Appeals, rank

The Aquino government was a de jure government as

a result of the revolution of the people. Therefore, the
present CA is a new entity, distinct from the entity
during the Martial Law.

Republic v
Sandigan

PCGG, Cory
Aquino,
Marcos, illgotten wealth,
interegnum

International human rights were to be observed even

during an interregnum.

ACCFA v

governmentfunction,

Section 2

Section 3

CUGCO

CBA, unions

Land reform is a governmental function.

PSPCA v COA

Animals,
government
entity,

The Commission on Audit cannot audit PSPCA since

the latter is a quasi-public entity, a species of a
corporation.

Tanada v Angara

WTO,
international
law

The Constitution 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. By inherent nature, treaties limit the
absoluteness of sovereignty. By their voluntary act,
nations may surrender aspects of their state power in
exchange for greater benefits derived from a
convention or pact such as the WTO.

Pharma &
Healthcare
Assoc v DOH

Milk Code,
International
law

The ICMBS was transformed into the Milk Code and

became part of the legal system of the Philippines.
The Milk Code, in turn, is in force in the country, and
not the ICMBS.

Marines, Erap

The deployment of the Marines does not constitute a

breach of the civilian supremacy clause. The calling of
the Marines constitutes permissible use of military
assets for civilian law enforcement. Moreover, the
local police forces are the ones in charge of the
visibility patrols at all times, the real authority
belonging to the PNP.

IBP v Zamora

Section 7

Lim V Exec
Secretary

Balikatan,
Mutual Defense
Treaty

The purpose of the Balikatan 02-1 was to facilitate the

promotion of optimal cooperation between US and
Philippines when attacked by a common foe, which is
consistent with the consideration of protecting the
national sovereignty, territorial integrity, national
interest and right to self-determination as provided in
Section 7. Since the VFA allows the US Armed Forces
to enter Philippine territory, this shall be sustained due
to the principle of Pacta Sunt Servanda. A treaty shall
be favored over municipal law.

Section 10

Tondo Medical V
CA

Reorganization
of DOH

The provisions in Article 2 of the Constitution are not

self-executing, and requires a legislative act to be
implemented.
To protect the mother's life, she may choose to go on

Section 12

with the pregnancy or terminate it during the first

three months. She may terminate it if it will free her of
future psychological, financial, emotional, and
physical distress, exercising her right to privacy.

Roe V Wade

Abortion

Winsonsin V
Todes

Amish,
education

The parents have the primary right and duty for the
civic efficiency and development of moral character in
consistency with Amish traditions and beliefs. The
Government should support this.

Obscenity, girlie
magazine

It is the duty of the state to act as parens patriae

(parent of the country) and to protect the right of
persons and individuals who because of age or
inherent incapacity are in an unfavorable position. It
is, therefore, the duty of New York, to protect those
below 17 years old from being sold "girlie"
magazines.

Orceo v Comelec

Firearms, airsoft

Constitutional freedoms, in terms of airsoft games

being a family activity, are not absolute, and may be
abridged to some extent to serve appropriate and
important interests.

Section 15

Imbong V Ochoa

RH Bill

The right to health is not violated in the RH Bill.

Contraceptives and abortifacients still require prior
approval and prescription.

Section 16

Oposa V
Factoran

TLA

Section 16 is in itself an enforceable right, and can be

a sufficient cause of action.

LLDA v CA

Garbage
Dumping

The authority to issue a cease and desist order is

implied in LLDA's mandate, as a regulatory and quasijudicial body with respect to pollution cases in the
Laguna Lake region. The procedures of which may
yield to the necessities of embodying Art. 2, Section
16.

Laguna Lake
Development
Authority V CA

The authority to issue permits is implied in LLDA's

Fishpens, fish
mandate, as a regulatory and quasi-judicial body with
cages, and
respect to pollution cases in the Laguna Lake region.
aquaculturestructures
The procedures of which may yield to the necessities
of embodying Art. 2, Section 16.

Ginsberg v New
York

The Government shall enter into agreements with

foreigners that are based on real contributions to

Section 19

Garcia v BOI

BOI, Bataan,
BPC

economic growth and general welfare of the country;

thus, the Government will have the final say on such
agreements.

Navarro V Ermita

Dinagat,
elections, local
government

Consistent with the declared policy to provide local

government units genuine and meaningful local
autonomy, contiguity and minimum land area
requirements for prospective government units should
be liberally construed in order to achieve the desired
results.

Section 26

Pamatong V
Comelec

Certificate of
Candidacy,
Equal
Protection
Clause,
nuisance
candidate

The provisions under Article 2 are generally

considered not self-executing, and there is no
plausible reason for according a different to the
"equal access" provision.

Section 28

Neri V Senate

ZTE, executive
privilege

The right of Congress or any of its Committees to

obtain information in aid of legislation cannot be
equated with the people's right to public information.

Pollo v
Chaiperson
David

Mamamayan
Muna Hindi
Mamaya Na,
Privacy,
Conflicting
interests

Government workers have no reasonable expectation

of privacy with regard to the computers they use in
the government office.

PS Bank v
Senate
Impeachment
Court

Chief Justice
Corona, foreign
currency
deposits

The Senate's granting of the prosecution's request to

product evidence relative to the foreign currency
accounts of then Chief Justice Corona was consistent
with the State's policy to disclose transactions
involving public interest.

In RE:
Production of
Court Records

Confidentiality,
internal court
deliberations,
judicial privilege

Information relating to commissions of crimes or

misconduct, or violations of the Code of Judicial
Conduct, or any violation of the law or regulations, is
not confidential. Also, information outside the
adjudicatory functions of Justices are not confidential.

Section 25