THE PREAMBLE, DECLARATION OF PRINCIPLES & STATE POLICIES  8.

Election and Suffrage

BY: ATTY. J. A. BONIFACIO  9. Accountability of Public Officers
 10. Delegation of Powers
THE PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, 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 to ourselves and posterity the
blessings of independence and democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this Constitution.
 A Preamble is a prefatory statement or explanation by the power ordaining it stating the
purpose, the reason and direction of the Constitution.
 The Preamble is not an integral part of the Constitution and cannot be considered as a
source of substantive power.
PURPOSE OF THE PREAMBLE
 It is to explain the scope and nature, the extent and application of the powers actually
conferred by the Constitution. It showcases the path that a government will have to chart
during its lifetime.
 Source of the Power: “Sovereign Filipino People”
NON – SELF EXECUTING PROVISIONS
 ENABLING LAW – it is a piece of legislation by which a legislative body grants an entity which
depends on it for authorization or legitimacy or power to take certain actions.
 Example of a self-executing provisions of the 1987 Philippine Constitution: “The Bill of
Rights”.
STATE PRINCIPLES UNDER ART II OF 1987 PC
Section 1. The Philippines is a democratic and republican state. Sovereignty resides in the people
and all government authority emanates from them.
RULE OF THE MAJORITY
 1. The Senate shall elect its President and the House of Representatives its Speaker by a
majority vote of all its respective members. (Section 16 (1), Article VI)
 2. A majority of each House shall constitute a quorum to do business. (Section 16 (2), Article
VI)
 3. The Commission on Appointments shall rule by a majority vote of all the members.
(Section 18, Article VI)
 4. The nominee of the President to fill up the vacancy in the position of Vice-President is to
be confirmed by the majority vote of all the members of both Houses of Congress, voting
separately before assumption of office. (Section 9, Article VII)
 5. The majority of the members of the Cabinet may declares the President unable to
discharge the powers of the Presidency. (Section 11 (2), Article VII)
 6. The revocation of Congress of the presidential act of declaring martial law or suspending
the writ of habeas corpus shall be by a majority vote of all the members of Congress, voting
jointly. (Section 18, Article VII)
N.B. Elected Public Officials are elected through majority vote of the electorates.
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.
THREE (3) BASIC CONCEPTS UNDER SECTION 2, ARTICLE II OF THE 1987 PC
1. Renounciation of war as an instrument of national policy
2. Incorporation clause
3. General diplomatic policy

 REPUBLICAN STATE - government made up of representatives who are elected by the WHAT KIND OF WAR IS RENOUNCED BY THE PHILIPPINES?
citizens. Aggressive, not defensive war.
 DEMOCRATIC STATE - a system of government in which power is vested in the people who Basis: The right of existence and self-defense.
rule either directly or through freely elected representatives. Limitation: Any forcible measure taken in the exercise of the right of existence and self-defense must
 “government of the people, by the people, for the people” (Abraham Lincoln) be justified. Furthermore, they must be limited by the necessity and kept clearly within it.
Under Sec. 23 (1), Article VI, Congress is empowered to declare not war but the existence of a state of
MANIFESTATIONS OF A REPUBLICAN & DEMOCRATIC STATE war presumably commenced or provoked by the enemy State.
 1. Bill of Rights
 2. Rule of the Majority WHAT IS AGGRESSION?
 3. Rule of Law (“ours is a government of laws and not of men”) Aggression is the use of armed forces by a state against the sovereignty, territorial integrity or
 4. The State cannot be sued without its consent political independence of another state or in any other manner inconsistent with the U.N. Charter.
 5. Congress cannot pass irrepealable laws (Resolution of the UN General Assembly, December 14, 1974)
 6. Separation of Powers WHAT IS INTERNATIONAL LAW?
 7. Checks and Balance
International Law is that branch of public law which regulates the relations of states and of other
entities which have been granted an international personality (Hackworth, 1; Schwarzenberger, 1)
The term is used interchangeably with the “law of nations”.
WHAT ARE GENERALLY ACCEPTED PRINCIPLES OF INTERNATIONAL LAW?
These are rules which, because of their intrinsic merit, have been accepted and are being observed by
the majority of civilized states.
Examples: human rights, pacta sunt servanda, outlawing of aggressive war, international comity and
diplomacy, international humanitarian law, protection of the environment.
WHAT ARE CONSTITUTIONAL PROVISIONS IN THE 1987 PC DEALING WITH INTERNATIONAL LAW?
1. Article I, Section 1, on the national territory
2. Article II, Section 2, on the renounciation of war and the incorporation clause.
3. Article II, Section, 4, on the defense of the state.
4. Article II, Section 7, on foreign relations
5. Article IV, on citizenship
6. Article VI, Section 23 (1), on the declaration of the existence of a state of war.
7. Article VII, Section 20, on foreign loans
8. Article VII, Section 21, on concurrence to treaties
9. Article VIII, Section 4 (2), on the annulment of treaties
10. Article VIII, Section 5 (1), on jurisdiction over ambassadors, other public ministers and consuls.
11. Article VIII, Section 5 (2), on jurisdiction over cases involving the constitutionality of treaties
12. Article XVIII, Section 4, on unratified treaties
13. Article XVIII, Section 25, on the RP-US bases agreement
WHAT IS THE DOCTRINE OF INCORPORATION?
The doctrine of incorporation postulates that the generally accepted principles of international law
are automatically incorporated in the municipal law of each state upon its admission to the family of
nations.
WHAT IS THE DOCTRINE OF TRANSFORMATION?
The doctrine of transformation, on the other hand, requires such principles of international law to be
enacted as statutes or otherwise converted into municipal law before they can be considered binding
on the state.
WHICH DOCTRINE IS OBSERVED IN THE PHILIPPINES?
We observed the doctrine of incorporation as expressed in Article II, Section 2 of the 1987 PC which
provides that the Philippines “adopts the generally accepted principles of international law as part of
the law of the land”. (Recent developments however will show that we also follow the Doctrine of
Transformation)
IS THE DECLARATION IN ARTICLE II, SECTION 2 OF THE 1987 PC REALLY NECESSARY?
Not really, the mere fact of membership in the family of nation imposes upon the Philippines the
obligation to observe its rules, whether the intention to do so is expressly affirmed or not.
WHAT IS A MUNICIPAL LAW?
That law which pertains solely to the citizens and inhabitant of a state. (also called as domestic law)
In its more common and narrower connotation however it means those laws which pertain to local
governments.
IN CASE OF CONFLICT BETWEEN INTERNATIONAL LAW AND MUNICIPAL LAW, WHICH OUGHT TO
PREVAIL?
From the viewpoint of international tribunals, the decision should always incline in favor of
international law.
From the viewpoint of municipal tribunals, the decision is usually determined by considerations of
self-interest. If the municipal law will favor the states, it is applied, otherwise international law is
upheld.
COMPROMISE BETWEEN INTERNATIONAL LAW AND MUNICIPAL LAW?
Efforts should be first exerted to harmonize them, so as to give effect to both. In a situation,
however, where the conflict is irreconcilable and a choice has to be made between the rule of
international law and municipal law, jurisprudence dictates that municipal law should be upheld by
the municipal courts. (Nachura)
THE CASE OF INCHONG VS. HERNANDEZ (101 PHIL. 115)
The Retail Trade Nationalization Law was assailed on the ground, among others, that it violated the
Treaty of Amity between the Philippines and China, the United Nations Charter, and the Universal
Declaration of Human Rights insofar as it prohibited aliens, including Chinese, from engaging in the
retail trade in the Philippines.
The Supreme Court held that there was no violation of the aforementioned treaties. Nevertheless,
even assuming that there was, the statute should still be upheld as it is represented an exercise by
the state of its inherent police power, which cannot be bargained away or surrendered in a treaty.
WHAT IS THE GENERAL DIPLOMATIC POLICY OF THE PHILIPPINES?
It adheres to the policy of peace, equality, justice, freedom cooperation and amity with all nations
(last phrase under Article II, Section 2 of the 1987 PC)
WHAT IS THE ACT OF STATE DOCTRINE?
As applied in International Law:
An act of state is an act done by the sovereign power of a country, or by its delegate, within the limits
of the power vested in him. An act of state cannot be questioned or made the subject of legal
proceedings in a court of law particularly so in the courts of another state.
As applied in Political Law:
An act of state is an act done by the political departments (executive and legislative) of the
government.
IS AN ACT OF STATE A POLITICAL QUESTION?
From the point of view of international law, it is a political question.
From the point of view of political law, it is also a political question. However, considering the
expanded definition of judicial power, it may be the subject of judicial review by the Supreme Court
even if it is political question (if there is grave abuse of discretion).
IS THE PHILIPPINES BOUND BY ANY RULES OF INTERNATIONAL LAW ON WARFARE?
Yes, the International Humanitarian Law (IHL). “law of armed conflict”
WHAT IS THE INTERNATIONAL HUMANITARIAN LAW (IHL)?
Generally, it is the law of armed conflict or law of war
1. Protects those not or no longer participating in hostilities
2. Restricts the use of weapons and methods of warfare
3. Aims to protect human dignity and reduce human suffering.
IS THERE A LAW IN THE PHILIPPINES DEALING WITH IHL?
Republic Act No. 9851
It penalizes Crimes Against IHL, Genocide and other Crimes Against Humanity
Section 3. Civilian authority, is at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the state. Its goal is to secure the sovereignty of the
state and the integrity of the national territory.
WHAT IS CIVILIAN SUPREMACY?
Under Section 3, Article II of the 1987 PC, “Civilian authority is, at all times supreme over the
military”.
Exemplified by the fact, that it is the President who is the Commander-in-Chief of the military.
1. Inherent in a republican system
2. A safeguard against military dictatorship
WHAT IS THE COMMANDER-IN-CHIEF CLAUSE?
Also known as the “calling out power”.
Under Section 18, Article VII, “The President shall be that Commander-in-Chief of all armed forces of
the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion.
THE CASE OF IBP VS. ZAMORA (G.R. NO. 141284, August 15, 2000)
The Supreme Court said that it is the unclouded intent of the Constitution to vest upon the President,
as Commander-in-Chief of the Armed Forces full discretion to call forth the military when in his
judgment it is necessary to do so in order to prevent or suppress lawless violence, invasion or
rebellion.
In addition, the calling of the Marines does not constitute a breach of civilian supremacy clause of the
constitution. The calling of the Marines in this case constitutes permissible use of military assets for
civilian law enforcement.
Section 4. The prime duty of the government is to serve and protect the people. The government
may call upon the people to defend the state and, in the fulfillment thereof, all citizen may be
required, under conditions provided by law, to render personal military or civil service.
IN RELATION TO SECTION 4, ARTICLE II, OF THE 1987 PC, IS THERE AN EXISTING PHILIPPINE LAW
REQUIRING MANDATORY PERSONAL MILITARY OR CIVIL SERVICE?
 Draft vs. Volunteer System
 Commonwealth Act No. 1 otherwise known as the National Defense Act provides for a
compulsory military service.
 Presidential Decree No. 1706 or the Compulsory National Service for Filipino Service
providing that Filipinos should undergo obligatory service to undergo civic welfare service,
law enforcement service, and military service.
 Republic Act No. 7077 otherwise known as the Citizen Armed Forces or Armed Forces of the
Philippines Reservist Act define so called “citizen soldiers” and is the legal basis for the
conduct of the Reserve Officers Training Corps (ROTC) in tertiary schools.
 ROTC under this law was mandatory for physically fit college students and treated as part of
the curriculum and a requirement for graduation.
 Republic Act No. 9163 or the National Service Training Program (NSTP) Act of 2001. Under
this law, the ROTC Program was made voluntary and optional.
NSTP Service Components:
1. ROTC
2. Literacy Training Service
3. Civic Welfare Training System
Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the blessing
of democracy.
WHAT IS THE PRINCIPLE BEHIND SECTION 5, ARTICLE II OF THE 1987 PC?
It embodies the principle that the Philippines is a “welfare state”.
A social system whereby the state assumes primary responsibility for the welfare of its citizens, as in
matters of life, liberty, property, education, employment, and social security.
Propounded by Article III of the 1987 PC (Bill of Rights).
Section 6. The separation of church and state shall be inviolable.
WHAT IS THE NON-ESTABLISHMENT OF RELIGION CLAUSE?
“The separation of Church and State shall be inviolable”. (Section 6, Article II of the 1987 PC)
This prohibits the establishment of any religion or “state religion”.
THE SEPARATION OF CHURCH AND STATE IS REINFORCED BY WHAT PROVISIONS OF THE 1987 PC?
 Free exercise of religion (Sec. 5, Art. III)
 Religious sect cannot be registered as a political party (Sec. 2(5), Art. IX-C)
  No sectoral representative from the religious sector (Sec. 5 (2), Art. VI)
 Prohibition against appropriation for sectarian benefit (Sec. 29 (2), Art. VI)
WHAT ARE THE EXCEPTIONS TO THE NON-ESTABLISHMENT OF RELIGION CLAUSE?
1. Churches, parsonages, etc., and exclusively used for religious puactually, directlyrposes shall be
exempt from taxation. (Sec. 28 (3), Art. VI)
2. Prohibition against appropriation for sectarian benefit, except when priest is assigned to the armed
forces, or to any penal institution or government orphanage or leprosarium. (Sec. 29 (2), Art. VI)
3. Optional religious instruction for public elementary and high school students. (Sec. 3 (3), Art. XIV)
4. Filipino ownership of educational institutions, except those established by religious groups and
mission boards. (Sec. 4 (2) Art. XIV)
THE CASE OF ANG LADLAD LGBT PARTY VS. COMELEC (G.R. NO. 190582, APRIL 7, 2010)
The COMELEC denied the accreditation of Ang Ladlad LGBT Party as a Party-List on the ground that it
tolerates immorality which offends religious beliefs.
The Supreme Court said that the non-establishment clause calls for government neutrality in religious
matters. Clearly, governmental reliance on religious justification is inconsistent with the policy of
neutrality.
It was grave violation of the non-establishment clause for the COMELEC to utilize the Bible and the
Koran to justify the exclusion of Ang Ladlad.
STATE POLICIES
Section 7. The State shall pursue an independent foreign policy. In its relations with other states the
paramount consideration shall be national sovereignty, territorial integrity, national interest, and
the right to self-determination.
WHAT IS THE DEFINITION OF FOREIGN POLICY?
A foreign policy is a plan of action adopted by one country in regard to its diplomatic dealings with
other countries.
Consistent with the state policy under the Constitution, the State shall pursue an independent foreign
policy. In its relations with other states the paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to self-determination. (Sec. 7 Art. II of the 1987
PC)
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.
WHAT IS THE CONSTITUTIONAL POLICY AS FAR AS NUCLEAR WEAPONS?
Freedom from nuclear weapons on its territory. (Sec. 8, Art. II of the 1987 PC) Implication: The
Philippines cannot develop it s own nuclear weapon program (or allow foreign states to maintain or
position the same within its territory) but the policy does not prohibit the peaceful uses of nuclear
energy. Example: The Bataan Nuclear Power Plant
Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity
and independence of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living, and an improved
quality of life for all.
Section 10. The State shall promote social justice in all phases of national development.
WHAT IS SOCIAL JUSTICE?
“Those who have less in life should have more in law”. (President Ramon Magsaysay)
“Social justice is neither communism, nor despotism, nor atomism nor anarchy, but the humanization
of laws and the equalization of social and economic forces by the State so that justice in its rational
and objectively secular conception may at least be approximated”. (Dr. Jose P. Laurel in Calalang vs.
Williams, 70 Phils. 726)
It is the promotion of the welfare of the people. (Note the definition of what is a welfare state)
WHAT ARE THE CONSTITUTIONAL PROVISIONS ON SOCIAL JUSTICE?
1. The State shall promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of living, and an improved quality of life
for all. (Sec. 9, Art. II)
2. The State shall promote social justice in all phases of national development. (Section 10, Art. II)
3. The State values the dignity of every human person and guarantees full respect for human rights.
(Sec. 11, Art. II)
4. The State affirms labor as a primary social economic force. It shall protect the rights of workers and
promote their welfare. (Sec. 18, Art. II)
5. The State shall promote comprehensive rural development and agrarian reform (Sec. 21, Art .II)
6. Article XIII on Social Justice and Human Rights, with subtopics on Labor, Agrarian and Natural
Resources, Reform, Urban Land Reform and Housing, Health, Women People’s Organizations, and
Human Rights.
Section 11. The State values the dignity of every human person and guarantees full respect for
human rights.
WHAT ARE HUMAN RIGHTS?
Human rights are commonly understood as inalienable fundamental rights to which a person is
inherently entitled simply because she or he is a human being.
Universal - applicable everywhere Egalitarian - the same for everyone
Please see the UN Universal Declaration of Human Rights (Articles 1-30)
WHAT ARE THE LAWS IN THE PHILIPPINES RESPECTING HUMAN RIGHTS?
1. Article III of the 1987 PC (Bill of Rights)
2. Rule 115 of the Revised Rules on Criminal Procedure
3. Republic Act No. 7438 (An Act Defining Certain Rights of Person Arrested, Detained, or Under
Custodial Investigation)
4. Republic Act No. 7277 as amended by Republic Act No. 9442 (Magna Carta for Disabled Persons)
5. Republic Act 8353 (Anti-Rape Law of 1997)
6. Republic Act No. 9344 (Juvenile Justice and Welfare Act of 2006)
7. Republic Act No. 9346 (An Act Prohibiting Death Penalty in the Philippines)
8. Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004)
9. Republic Act No. 9372 (Human Security Act of 2007)
10. Republic Act No. 9745 (Anti-Torture Law of 2009)
11. Republic Act No. 9851 (Act Penalizing Crimes Against IHL, Genocide, and Other Crimes Against
Humanity)
12. Republic Act No. 10353 (Anti-Enforced or Involuntary Disappearance Act of 2012)
13. Republic Act No. 10368 (Human Rights Victims Reparation and Recognition Act of 2013)
14. UN Universal Declaration of Human Rights by virtue of the “incorporation clause”.
Note: This list is not exclusive.
Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the mother and
the life of the unborn from conception. The natural and primary right and duty of the parents in the
rearing of the youth for civic efficiency and the development of moral character shall receive the
support of the government.
Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and social well being. It shall inculcate in the
youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
WHAT IS THE MEANING OF THE CONSTITUTIONAL PROVISION THAT THE FAMILY IS A BASIC
AUTONOMOUS SOCIAL INSTITUTION?
This is a recognition of the kindred or strong family ties among the Filipinos.
The family is considered as a fundamental and important factor in the enhancement of the nation.
Complimentary roles of the parents and the government in rearing the youth.
WHAT IS THE IMPLICATION OF THE CONSTITUTIONAL RIGHT TO LIFE OF THE UNBORN FROM
CONCEPTION AND OF THE MOTHER?
It suggests a policy against abortion.
In the United States, there have been holdings that abortion induced by a physician through
therapeutic means in order to save the life of the mother is justified and not punishable (People vs.
Johnson, 53 Colo. 224; People vs. Beasley, 89 Ill. 572).
While no case on this point has yet been decided in the Philippines, the same resolution may be
applied in accordance with Par. 4, Article 11 of the Revised Penal Code (acts committed in a state of
necessity).
Section 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and man.
WHAT IS THE PRINCIPLE OF EQUALITY OF MEN BEFORE THE LAW?
The purpose is to remove existing inequalities between men and women.
The law should have equal force and effect regardless of sex.
The general idea is for the law to ignore sex where sex is not a relevant factor in determining rights
and duties. (Bernas)
Section 15. The State shall protect and promote the right to health of the people and instill health
consciousness among them.
What is the primary health care law in the PHILIPPINES?
Republic Act No. 10606 or the National Health Insurance Act of 2013.
The new law provides that all citizens of the Philippines regardless of social and economic status, shall
be covered by the National Health Insurance Program. (PHILHEALTH COVERAGE)
Section 16. The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.
What is the doctrine of intergenerational responsibility?
As decided in Oposa vs. Factoran (GR 1010183, July 30, 1993), Every generation has a responsibility to
the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful
ecology.
The right to a balanced and healthy ecology carries with it the correlative duty to refrain from
impairing the environment.
Section 17. 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.
STATE POLICY: To give priority to education.
GOALS:
1. To foster patriotism and nationalism.
2. To accelerate social progress
3. To promote total humanitarian liberation and development.
(Section 17, Article II of the 1987 Philippine Constitution)
What are the CONSTITUTIONAL OBJECTIVES OF EDUCATION?
 the study of the Constitution as part of the curricula
 inculcate patriotism and nationalism
 foster love of humanity, respect for human rights and appreciation of the role of national
heroes in the historic 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
 Promote vocational efficiency
(Sec. 3 (2), Art. XIV of the 1987 PC)
WHAT IS THE CONCEPT OF FILIPINIZATION OF EDUCATION?
Sec. 4 (2), Art. XIV Filipinizes: OWNERSHIP, CONTROL AND ADMINISTRATION,
STUDENT POPULATION
OWNERSHIP
Solely by Filipino citizens or corporations 60% Filipino owned, except established by religious groups
or mission boards, but Congress may increase required Filipino equity partcipation.
CONTROL AND ADMINISTRATION
Vested in citizens of the Philippines.
(This should be understood that line positions on the level of President, Dean, Principal or member of
the board of trustees are Filipinized)
STUDENT POPULATION
No educational institution shall be established exclusively for aliens, and no group of aliens shall
compromise more than 1/3 of the enrolment in any school.
Exception: Schools for foreign diplomatic personnel and their dependents, and for other foreign
temporary residents.
WHAT IS ACADEMIC FREEDOM?
2 VIEWS:
a. From the standpoint of the educational institution: The freedom of the university to determine
“who may teach; what may be taught, how it shall be taught; and who may be admitted to study”.
b. From the standpoint of the members of the academe: Freedom to investigate, research, and
discuss.
Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.
What is the constitutional policy on labor?
The basic rights of workers guaranteed by the Constitution are: the rights to organize themselves; to
conduct collective bargaining or negotiation with management; to engage in peaceful concerted
activities, including to strike in accordance with law; to enjoy security of tenure; to work under
humane conditions; to receive a living wage; and to participate in policy and decision-making process
affecting their rights and benefits as may be provided by law. (Sec. 3, Art. XIII)
Query: Is there a constitutional provision on Overseas Filipino Workers (OFW)?
Section 19. The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.
What is the policy of constitution on national economy and patrimony?
This means that the development of natural resources is limited to Filipino citizens and corporations
60 percentum of which is controlled by Filipinos. (Grandfather Rule)
FILIPINO FIRST POLICY under Article XII of the 1987 PC.
THE CASE OF TANADA VS. ANGARA (272 SCRA 18)
FACTS: The Philippines signed the Agreement establishing the World Trade Organization. The Senate
passed a resolution concurring in the ratification by the President of the said agreement. The
Petitioner claimed that the agreement violated Sec. 19, Article II of the 1987 PC because it required
the contracting parties to accord other contracting parties treatment no less favorable than that
accorded their own nationals.
HELD: The principles in Article II are not self-executing principles ready for enforcement through the
courts. They do not embody judicially enforceable constitutional rights but guidelines for legislation.
Likewise, in sustaining the validity of the WTO Agreement the SC ruled that by the doctrine of
incorporation, the Philippines is bound by the generally accepted principles of international law. By
their voluntary act, nations may surrender some aspects of their state power in exchange for greater
benefits granted by or derived from the organization.
Section 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investors.
WHAT IS PUBLIC PRIVATE PARTNERSHIP (PPP)?
Contractual arrangement between government and private sector to deliver public infrastructure
and/or public service.
Legal Basis: Republic Act No. 7718 or the Build Operate Transfer (BOT) Law
Section 21. The State shall promote comprehensive rural development and agrarian reform.
WHAT IS LAND AND AGRARIAN REFORM?
LAND REFORM - refers to the full range of measures that may or should be taken to improve or
remedy the respect to the rights in land.
AGRARIAN REFORM - comprises of land reform and development of complimentary institutional
framework such as administrative agencies of the national government, rural education and social
welfare institutions.
WHAT IS COMPREHENSIVE AGRARIAN REFORM LAW?
 The redistribution of lands, regardless of crops or fruits produced, to farmers and regular
farm workers who are landless.
 Comprehensive Agrarian Reform is actually a tool of social justice. To free the farmers from
the bondage of the soil.
WHAT IS OUR LAND AND AGRARIAN REFORM LAW?
Republic Act No. 6657 or the Comprehensive Agrarian Reform Law of 1988 (CARL)
Note the only lands devoted to agriculture are covered by CARL.
Land redistribution through CARL can be achieved either through voluntary sale or, where necessary,
through expropriation and resale.
WHAT IS THE REGALIAN DOCTRINE? Under the 1987 Constitution local autonomy means “decentralization”, it does not make the local
The 1987 PC states that all lands of the public domain and other natural resources are owned by the governments sovereign within the state or an “imperium in imperio”. (Basco vs. PAGCOR 197 SCRA
State; and that with the exception of agricultural lands, all other natural resources shall not be 52)
alienated (Sec. 2, Art. XII).
DECENTRALIZATION OF ADMINISTRATION VERSUS DECENTRALIZATION OF POWER
WHAT ARE INALIENABLE LANDS OF THE PUBLIC DOMAIN? In Limbonas vs. Mangelin (170 SCRA 786), the Supreme Court declared that autonomy is either
 1. Forest or timber lands decentralization of administration or decentralization of power. The second is abdication by the
 2. Mineral lands national government of political power in favor of the local government, the first consists merely in
 3. National parks the delegation of administrative powers to broaden the base of governmental power. Against the
Alienable lands of the public domain shall be limited to agricultural lands. first there can be no valid constitutional challenge.
Reason: Our government is a unitary form of government not a federal state.
Section 22. The State recognizes and promotes the rights of indigenous cultural communities within
the framework of national unity and development. WHAT IS THE RELEVANT LAW ON LOCAL AUTONOMY?
Republic Act No. 7160 or the Local Government Code of 1991
WHAT IS THE PRINCIPLE LAW ON INDIGENOUS CULTURAL COMMUNITIES OR INDIGENOUS
PEOPLES? Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit
Republic Act No. 8371 or The Indigenous People’s Right Act (IPRA) of 1997 political dynasties as may be defined by law.

WHAT ARE THE SALIENT PROVISIONS OF THE IPRA LAW?
1. It defines who are Indigenous Persons / Peoples (IPs)
2. It defines ancestral domains/lands
3. It recognized the right of IPs to self-governance and empowerment
4. It created the National Commission of Indigenous Peoples (NCIP)
Section 23. The state shall encourage non-governmental community-based, or sectoral
organizations that promote the welfare of the nation.
Example:
 Cooperatives
 Charitable Institutions
 Legitimate Party-List Groups
Section 24. The State recognizes the vital role of the communication and information in nation
building.
WHAT IS THE CONSTITUTIONAL POLICY ON COMMUNICATION AND INFORMATION?
 Various forms of media (print, broadcast and online) play a critical role in nation-building.
 Information and communication is power
Section 25. The State shall ensure the autonomy of local governments.
Congress is yet to enact a law treating political dynasties.
Section 27. The State shall maintain honesty and integrity in public service and take positive and
effective measures against graft and corruption.
What is the meaning of the phrase that “public service is a public trust”?
Ours is a representative government.
Public officers and employees must at all times be accountable to the people, serve them with
utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead
modest lives. (Sec. 1, Article XI)
WHAT ARE RELEVANT LAWS IN CONNECTION WITH PUBLIC SERVICE?
Executive Order No. 292 or the Administrative Code of 1987
Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act
Republic Act No. 1379 or the Act Declaring Forfeiture of Ill-Gotten Wealth of Public Officers or
Employees
Republic Act No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and
Employees
Republic Act No. 7080 or the Anti-Plunder Law
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public interest.

WHAT IS LOCAL AUTONOMY? Note the pendency of the Freedom of Information (FOI) Bill.
Executive Order No. 2 “People’s Freedom of Information” July 23, 2016