CONSTITUTIONAL LAW (14 Feb 2018)

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STATE POLICIES:
Section 7 – The State shall pursue an independent foreign policy. It
its relations with other states the paramount consideration shall
be national sovereignty, territorial integrity, and the right to self-
determination
Q– Who is the chief architect of our foreign policy?
A– The President being the Head of State and the Government is
Chief Architect of the Country’s foreign policy. In fact, under the
General Principles of International Law, the President has the
power to deport undesirable aliens, also, under Executive Order
No. 292, aka, Administrative Code of 1987
Q- Is not President Duterte violating section 7 by tolerating the
Chinese build up of artificial islands in bajo de masinloc which the
Permanent International Tribunal had declared that China has no
basis, legal or historical, to claim as its own?
A- I hope those who voted him should remember his campaign
promised that he would ride a jets ski towards those artificial
islands and plant the Philippine flag

Section 8 – The Philippines consistent with the national interest,

adopts and pursues a policy of freedom from nuclear weapons in
its territory
Nota Bene - Commissioner Azcuna who sponsored the provision
explains that since it was in Japan and part of Asia where the first
Atomic bombs were dropped and has seen the devastations, it is now
recognized of the existence of nuclear weapons and the potential
destruction in case of nuclear explosion and the consequence of an
uncontrolled nuclear reaction, thus, since they are framing the
constitution, it is the best time to include the same as a policy of the
State
Q– What are banned by the provision?
A– Only nuclear weapons, that is, the use and stockpiling nuclear
weapons, devices, and parts thereof. This also includes
possessing, controlling, manufacturing, and tests in the
Philippines
Section 8, however, is not ban on the peaceful use of nuclear
energy, nor is it ban on all nuclear capable vessels
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
Q– What is a social order?
A– In social sciences, social order is a set of linked social structures,
social institutions and social practices, which conserve, maintain
and enforce ways of relating and behaving
In may also be understood as, social order is a relatively
persistent system of institutions, pattern of interactions and
customs, capable of continually reproducing at least those
conditions essential for its own existence. The concept refers to all
those facts of society, which remain relatively constant over time.
These condition could include both property, exchange and power
relations, also includes cultural forms, ideological systems of
values
In political science, social order is the concept of a society
structure in its norms of relation expectation and plausible
outcomes which might lead to peace and domestic tranquility and
the general breakdown of classifying social orders remains
consistent as aboriginal, pastoral, agrarian and urban
In sociology, the issue of social order is historically central to
sociology.
Karl Marx define it as “the relations of production or economic
structure which is the basis of a social order
Emile Durkheim, it is a set of shared social norms
Talcott Parsons, it is a set of social institutions regulating pattern
of action-orientations, which again are based on a frame of
cultural values

Section 10 – The State shall promote social justice in all phases of

national development

Justice Jose Laurel declared in Calalang vs Williams case (Dec 2, 1940);

“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.
 Social justice means the promotion of the welfare of all the people,
the adoption by the government of measures calculated to insure
economic stability of all the component elements of society, through the
maintenance of a proper economic and social equilibrium in the
interrelations of the members of the community, constitutionally,
through the adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers underlying the
existence of all governments on the time-honored principle of salus
populi est suprema lex”
N.B. – Related provision is Article XIII, section 2, which provides – “The
promotion of social justice shall the include the commitment to create
economic opportunities based on freedom of initiative and self-reliance”

Section 11 –The State values the dignity of every human person

and guarantees full respect for human rights
N.B. – Related provision is Article XIII, Social Justice and Human Rights,
particularly, Section 1, which mandates Congress to give highest priority
to the enactment of measures that protect and enhance the right of all
the people human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing
wealth and political power for the common good
Also under Section 17, it mandates the creation of an independent
Commission on Human Rights, composed of a Chairman and Four (4)
Members

Section 12 –
1) The state recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous
social institution

2) It shall equally protect the life of the mother and the life of
the unborn from conception

3) The natural and primary right and duty of parents in the

rearing of the youth for civic efficiency and the
development of moral character shall received the support
of the Government

The purpose of the provision was to formalize the adoption of an

ideology, which recognized the family as a basic social institution
Calling the family as a basic social institution is an assertion that the
family is anterior to (precedes) the state and is not a creature of the
state
The logical explanation of the second sentence, is that during the
framing of the 1987 constitution, a landmark case in America, Roe vs
Wade, where the US Supreme Court sustained the validity of a law
liberalizing abortion laws up to the sixth month of pregnancy by
allowing abortion at the discretion of the mother anytime during the
first six months when it can be done without danger to the mother
The intention is to protect life from its beginning, and the assumption is
that human life begins at conception and that conception takes place at
fertilization
Q – The second sentence protects both the mother and the unborn, now
in case both of them are in danger and a decision is to be made who
should be saved, who should it be?
A – Natural and moral precepts recognizes that legitimacy of sacrificing
the unborn in order to save the life of the mother
Q – As to the third sentence, what is the role of the State with regards to
the duty of the parents?
A – It recognizes the assertion that the right of parents is superior to
that of the State. Though, time and again, the Supreme Court had taken
the opportunity in so many cases, the inherent duty of the State to act as
parens patriae and to protect the right of children who because of age or
inherent incapacity are in an unfavorable position vis-à-vis other parties
N.B. – Related provision is Article XV, The Family
Section 1 – The State recognizes the Filipino family as the foundation of
the nation. Accordingly, it shall strengthen its solidarity and actively
promote its total development
Section 2 – Marriage, as an inviolable social institution, is the foundation
of the family and shall be protected by the State
Section 3 – The State shall defend:
(1) The right of spouses to found a family in accordance with their
religious convictions and the demands of responsible
parenthood

(2) The right of children to children to assistance, including proper

care and nutrition, and special protection from all forms of
neglect, abuse, cruelty, exploitation, and other conditions
prejudicial to their developments

(3) The right of the family to a family living wage and income, and
 (4) The right of families or family associations to participate in the
planning and implementation of policies and programs that
affect them

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 affairs
N.B. – Related Provision is Article XIV, Section 19, Sports
1) The State shall promote physical education and encourage sports
programs, league competitions, and amateur sports, including training
for international competitions, to foster self-discipline teamwork, and
excellence for the development of a healthy and alert citizenry
2) All educational institutions shall undertake regular sports activities
throughout the country in cooperation with athletic clubs and other
sectors

Section 14 – The State recognizes the role of women in nation-

building, and shall ensure the fundamental equality before the law
of women and men
N.B. – There are many laws now in favor of women, more particularly
and very biased in favor of women, is R.A. No. 9262, aka, Anti-Violence
Against Women and their Children Act of 2004

Section 15 – The State shall protect and promote the right to health
of the people and instill health consciousness among them
N.B. – Related provision is Article XIII
Section 11 – The State shall adopt an integrated and comprehensive
approach to health development which shall endeavor to make essential
goods, health and other social services available to all the people at
affordable cost
There shall be priority for the needs of the under privileged sick, elderly,
disabled, women, and children.
The State shall endeavor to provide free medical care to paupers
Section 12 – The State shall establish and maintain an effective food and
drug regulatory system and undertake appropriate health manpower
development research, responsive to the country’s health needs and
problems
Section 13 – The State shall establish a special agency for disabled
persons for their rehabilitation, self-development and self-reliance, and
their integration into the mainstream of society

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 the nature
N.B. – Read the case of Oposa vs Factoran, where the Supreme Court
declared that Section 16 is a self-executing provision making the right of
the people enforceable and demandable
Related provision is Article XII, particularly section 2, where it allows
the Exploration, Development, and Utilization of the natural resources
provided the same is under the full control and supervision of the State
However, in the same section 2, it also authorizes the State enter into a
co-production, joint venture, or production sharing agreements with
private Filipino citizens or corporations or associations, with at least
sixty per centum of whose capital is owned by such citizens
Also under the same section 2, the President of the Republic is
authorized to enter into an agreements with foreign-owned
corporations involving either technical or financial assistance for large-
scale exploration, development, and utilization of minerals, petroleum,
ad other mineral oils

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
liberations and development
Related provision is Article XIV, Education, Science and Technology,
Arts, Culture and Sports

Section 18 – The State affirms labor as a primary social economic

force. It shall protect the rights of workers and promote their
werlfare
N.B. – Related provision is Article XIII, Section 3
Section 19 – The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos
Related provision is Article XII
N.B. – Read the case of Lao H. Ichong vs Finance Secretary Jaime
Hernandez, G.R. No. L-7995 (May 31, 1957), RE: R.A. No. 1180, aka An
Act to Regulate Retail Business
Section 20 – The State recognizes the indispensable role of the
private sector, encourages private enterprise, and provides
incentives to needed investments
N.B. – the policy of the government now is to privatize public services,
such as roads, public conveyance, public utilities, and air and sea
terminals

Section 21 – The State shall promote comprehensive rural

development and agrarian reform
N.B. – Related provision is Article XIII, Sections 4 to 10

Section 22 – The State recognizes and promotes the rights of the

indigenous cultural communities within the framework of national
unity and development
N.B. – Related provisions are Article VI, Section 5 (2); Article XII, Section
5; and Article XIV, Section 17

Section 23 – The State shall encourage non-governmental,

community-based, or sectoral organizations that promote the
welfare of the nation
N.B. – Related provision is Article XIII, Sections 15 and 16

Section 24 – The State recognizes the vital role of communication

and information in nation-building
N.B. – Related provisions are Article XVI, Section 10 and 11; Article XVII,
Section 23

Section 25 – The State shall ensure the autonomy of local

governments
N.B. – Related provision is Article X, Local Government

Section 26 – The State shall guarantee equal access of

opportunities for public service, and prohibit political dynasties as
may be defined by law
N.B. – Related provisions are Article VII, Section 13; Article VIII, Section
1 and 2
Section 27 – The State shall maintain honesty and integrity in the
public service and take positive and effective measures against
graft and corruption
N.B. – Related provision is Article XI, Accountability of Public Officers

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
N.B. – Related provision is Article III, section 7 – The right of the people
to information of 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
First part – The right of the people to information on matters of public
concern shall be recognized is the right to information. But the
government has the discretion which information they would release to
the public
Second part – The right to access official records or documents, though
considered it as a matter right but such exercise is subject to the
regulatory power of the government and there is yet no law regulating
the right to access official records
N.B. – It is important to keep in mind that Section 7 only recognizes the
right to information on matters of public concern. The right of access to
official records is given as an implementation of the right to
information, subject however to a regulatory law to be enacted by
Congress
The right to information is enshrined in the 1987 Constitution for more
transparency and accountability of public officials, however, 30 years
had lapsed since the first freedom of information bill has been filed with
Congress, and just like the Anti-Dynasty provision, Congress has not
passed any law to operationalize these two provisions