Principles and State Policies

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 our 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.

REPUBLICANISM
The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them. (Article II, Section 1 of the 1987 Constitution)

(1) ESSENTIAL FEATURES OF REPUBLICANISM

Representation Renovation
Power is exercised by elected officials who act on The need for continuous reform and renewal of
behalf of the people. This contrasts with direct political structures to adapt to changing
democracy, where citizens make decisions circumstances and ensure that they remain just
themselves. and relevant.

(2) MANIFESTATION OF A REPUBLICAN STATE

● Ours is a government of laws and not of men (Villavicencio vs. Lukban, 39 Phil. 778);
● Rule of the majority or Plurality in Elections;
● Accountability of Public Officials;
● Bill of Rights;
● Legislature cannot pass irrepealable laws;
● Separation of Powers.

DEFENSE OF THE STATE

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 citizens may be required, under conditions
provided by law, to render personal military or civil service. (Article II, Section 4 of the 1987
Constitution)

PEOPLE vs. LAGMAN

GR no. L-45892, JULY 13, 1938

Appellants Tranquilino Lagman and Primitivo de Sosa are charged with a violation of National Defense Law. It is alleged
that these two appellants, being Filipinos and having reached the age of twenty years in 1936, willfully and unlawfully
refused to register in the military service between the 1st and 7th of April of said year, notwithstanding the fact that they
had been required to do so. The appellants defense is that they have not registered in the military service because
Primitivo de Sosa is fatherless and has a mother and a brother eight years old to support, and Tranquilino Lagman also
has a father to support, has no military learnings, and does not wish to kill or be killed.

The National Defense Law, in so far as it establishes compulsory military service, does not go against this constitutional
provision but is, on the contrary, in faithful compliance therewith. The duty of the Government to defend the State cannot
be performed except through an army. To leave the organization of an army to the will of the citizens would be to make
this duty of the Government excusable should there be no sufficient men who volunteer to enlist therein.

The circumstance that these decisions refer to laws enacted by reason on the actual existence of war does not make our
case any different, inasmuch as, in the last analysis, what justifies compulsory military service is the defense of the State,
 whether actual or whether in preparation to make it more effective, in case of need. The circumstance that the appellants
have dependent families to support does not excuse them from their duty to present themselves before the Acceptance
Board because, if such circumstance exists, they can ask for determent in complying with their duty and, at all events,
they can obtain the proper pecuniary allowance to attend to these family responsibilities (secs. 65 and 69 of
Commonwealth Act No. 1).

THE INCORPORATION CLAUSE

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. (Article II, Section 2 of the 1987 Constitution)

● International law can become part of the sphere of domestic law either by transformation or
incorporation. Treaties become part of the law of the land pursuant to Art. VII, Sec. 21.
(Pharmaceutical, supra)

● By virtue of this clause, our Courts have applied the rules of international law in a number of cases
even if such rules had not previously been subject of statutory enactments, because these
generally accepted principles of international law are automatically part of our own laws. (Kuroda
vs. Jalandoni, 83 Phil. 171)

● The phrase “generally accepted principles of international law” refers to norms of general or
customary international law which are binding on all states, eg. Renunciation of war as an
instrument of national policy, sovereign immunity, a person’s right to life, liberty and due process,
and pacta sunt servanda. (Pharmaceutical and Health Care Association of the Philippines vs.
Duque, supra)

(1) 3 ASPECTS UNDER ART. 2, SEC. 2

● Renunciation of war as an instrument of national policy

● Incorporation clause
● Adherence policy

(2) DIFFERENCE BETWEEN “BY INCORPORATION” AND “BY TRANSFORMATION”

Incorporation Transformation

Applies when, by mere constitutional declaration, Requires that an international law principle be
international law is deemed to have the force of transformed into domestic law through a
domestic law. constitutional mechanism, such as, local
legislation.

(3) CONFLICT BETWEEN MUNICIPAL LAW AND INTERNATIONAL LAW

In the case of Ichong vs. Hernandez (101 Phil. 1155), the Petitioner Ichong asked for the invalidation of
the Retail Trade Nationalization Act on the ground that it contravened several treaties concluded by us
which, under the rule of pacta sunt servanda, a generally accepted principle of international law should be
observed by us in good faith.

The SC found no conflict, however, the local statute that should be upheld because it represented an
exercise of police power which, being inherent, could not be bargained away or surrendered through the
medium of treaty.

REARING OF YOUTH
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 parents in the rearing of the youth for civic efficiency
and the development of moral character shall receive the support of the Government. (Article II, Section
12 of the 1987 Constitution)

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. (Article II, Section 13 of the 1987
Constitution)

Continental Steel Meyer vs Nebraska (262 US Pierce vs Society of Sisters

Manufacturing Corp. vs 390) (262 US 510)
Montano (GR no. 182836,
October 13, 2009) It is incompetent for the A law prohibiting the
government to prohibit the establishment of private schools
The SC declared that “an unborn teaching of the German and in effect confining the
child can be considered a language to students between education of the youth to public
dependent. certain age levels since there is institutions of learning was
nothing inherently harmful in the likewise annulled because it
The term “child” can be language that will impair the would standardize the thinking of
understood to include the upbringing of the child. the children, who, according to
unborn fetus in the mother’s the court, were not “mere
womb”. creatures of the State.”

WOMEN
The State recognizes the role of women in nation-building, and shall ensure the fundamental equality
before the law of women and men. (Article II, Section 14 of the 1987 Constitution)

RA 9262 (Violence Against Women and Children Related Constitutional Provision:

of 2004):
The State shall protect working women by
Enacted to protect women and their children from providing safe and healthful working conditions,
violence and threats to their personal safety and taking into account their material functions, and
security (Ang vs. CA, GR no. 182835, April 20, such facilities and opportunities that will enhance
2010) their welfare and enable them to realize their full
potential in the service of the nation. (Article XIII,
Section 14)

SOCIAL JUSTICE

Article II, Section 10 Article II, Section 11 Article II, Section 18 Article II, Section 21

The State shall promote The State values the The State affirms labor The State shall promote
social justice in all dignity of every human as a primary social comprehensive rural
phases of national person and guarantees economic force. It shall development and
development. full respect for human protect the rights of agrarian reform.
rights. workers and promote
their welfare.
 ● 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. (Calalang
vs. Williams, 70 Phil. 726)

● 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 competent 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.

● Social justice, therefore, must be founded on the recognition of the necessity of interdependence
among divers and diverse units of a society and of the protection that should be equally and evenly
extended to all groups as a combined force in our social and economic life, consistent with the
fundamental and paramount objective of the state of promoting the health, comfort, and quiet of all
persons, and of bringing about "the greatest good to the greatest number."

● In the case of Maglakas vs. NHA (GR no. 138823, September 17, 2008), Petitioner invoked social
justice as a ground for rejecting the respondent’s efforts to relocate her. The SC ruled: “For sure,
the NHA's order of relocating petitioner to her assigned lot and demolishing her property on
account of her refusal to vacate was consistent with the law's fundamental objective of promoting
social justice in the manner the will insure to the common good. x x x It is also worth noting that
petitioner's continued refusal to leave the subject property has hindered the development of the
entire area. Indeed, petitioners cannot invoke the social justice clause at the expense of the
common welfare.”

SEPARATION OF CHURCH AND STATE

The separation of Church and State shall be inviolable. (Article II, Section 6 of the 1987 Constitution)

AGLIPAY vs. RUIZ

GR no. L-45459, March 13, 1947

When the Filipino people, in the preamble of their Constitution, implored "the aid of Divine Providence, in order to
establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the
general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice,
liberty and democracy," they thereby manifested reliance upon Him who guides the destinies of men and nations. The
elevating influence of religion in human society is recognized here as elsewhere. In fact, certain general concessions are
indiscriminately accorded to religious sects and denominations. Our Constitution and laws exempt from taxation
properties devoted exclusively to religious purposes. Sectarian aid is not prohibited when a priest, preacher, minister or
other religious teacher or dignitary as such is assigned to the armed forces or to any penal institution, orphanage or
leprosarium. Optional religious instruction in the public schools is by constitutional mandate allowed (sec. 5, Art. XIII,
Constitution of the Philippines, in relation to sec. 928, Adm. Code). Thursday and Friday of Holy Week, Thanksgiving
Day, Christmas Day, and Sundays and made legal holidays because of the secular idea that their observance is
conclusive to beneficial moral results. The law allows divorce but punishes polygamy and bigamy; and certain crimes
against religious worship are considered crimes against the fundamental laws of the state.

(1) RELATED CONSTITUTIONAL PROVISIONS

ArtIcle III, Section 5 Article VI, Section 5 (2) Article IX-C, Section 2 (5)

No law shall be made respecting The party-list representatives The Commission on Election
an establishment of religion, or shall constitute 20% of the total shall exercise the following
prohibiting the free exercise number of representatives powers and functions:
 thereof. The free exercise and including those under the
enjoyment of religious profession party-list. Register, after sufficient
and worship, without publication, political parties,
discrimination or preference, For 3 consecutive terms after the organizations, or coalitions
shall forever be allowed. No ratification of this Constitution, ½ which, in addition to other
religious test shall be required for of the seats allocated to requirements, must present their
the exercise of civil or political party-list representatives shall be platform or program of
rights. filled, as provided by law, by government; and accredit
selection or election from the citizens’ arm of the Commission
labor, peasant, urban poor, on Elections.
indigenous cultural communities,
women, youth, and such other Religious denominations and
sectors as may be provided by sects shall not be registered.
law, except religious sector.

Article VI, Section 28 (3) Article VI, Section 29 (2) Article XIV, Section 3 (3)

Charitable institutions, churches No public money or property At the option expressed in

and parsonages or convents shall be appropriated, applied, writing by the parents or
appurtenant thereto, mosques, paid, or employed, directly or guardians, religion shall be
non-profit cemeteries, and all indirectly, for the use, benefit or allowed to be taught to their
lands, buildings, and support of any sect, church, children or wards in public
improvements, actually, directly, denomination, sectarian elementary and high schools
and exclusively used for institution, or system of religion, within the regular class hours by
religious, charitable, or or of priest, preacher, minister, or instructors designated or
educational purposes shall be other religious teacher, or approved by the religious
exempt from taxation. dignitary as such, except when authorities of the religion to
such priest, preacher, minister, which the children or wards
or dignitary is assigned to the belong, without additional cost
armed forces, or to any penal to the Government.
institution, or government
orphanage or leprosarium.

SUPREMACY OF CIVILIAN AUTHORITY

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. (Article II, Section 3 of the 1987 Constitution)

The military powers of the President includes the power to prevent, as Commander-In-Chief, military
personnel from testifying in legislative inquiries. (Gudani vs. Senga, GR no. 170165, August 15, 2006)

IBP vs. ZAMORA

GR no. 141284, August 12, 2000

The deployment of the Marines does not constitute a breach of the civilian supremacy clause. The calling of the Marines
in this case constitutes permissible use of military assets for civilian law enforcement. The participation of the Marines in
the conduct of joint visibility patrols is appropriately circumscribed. The limited participation of the Marines is evident in
the provisions of the LOI itself, which sufficiently provides the metes and bounds of the Marines’ authority. It is
noteworthy that the local police forces are the ones in charge of the visibility patrols at all times, the real authority
belonging to the PNP. In fact, the Metro Manila Police Chief is the overall leader of the PNPPhilippine Marines joint
visibility patrols. Under the LOI, the police forces are tasked to brief or orient the soldiers on police patrol procedures. It
is their responsibility to direct and manage the deployment of the Marines. It is, likewise, their duty to provide the
necessary equipment to the Marines and render logistical support to these soldiers. In view of the foregoing, it cannot be
properly argued that military authority is supreme over civilian authority. Moreover, the deployment of the Marines to
assist the PNP does not unmake the civilian character of the police force. Neither does it amount to an "insidious
incursion" of the military in the task of law enforcement in violation of Section 5(4), Article XVI of the Constitution.

In this regard, it is not correct to say that General Angelo Reyes, Chief of Staff of the AFP, by his alleged involvement in
civilian law enforcement, has been virtually appointed to a civilian post in derogation of the aforecited provision. The real
authority in these operations, as stated in the LOI, is lodged with the head of a civilian institution, the PNP, and not with
the military. Such being the case, it does not matter whether the AFP Chief actually participates in the Task Force
Tulungan since he does not exercise any authority or control over the same. Since none of the Marines was incorporated
or enlisted as members of the PNP, there can be no appointment to civilian position to speak of. Hence, the deployment
of the Marines in the joint visibility patrols does not destroy the civilian character of the PNP.

LOCAL AUTONOMY
The State shall ensure the autonomy of local governments. (Article II, Section 25 of the 1987
Constitution)

BASCO vs. PAGCOR

GR no. 91649, May 14, 1991

The principle of local autonomy under the 1987 Constitution simply means "decentralization" (III Records of the 1987
Constitutional Commission, pp. 435-436, as cited in Bernas, The Constitution of the Republic of the Philippines, Vol. II,
First Ed., 1988, p. 374). It does not make local governments sovereign within the state or an "imperium in imperio."

Local Government has been described as a political subdivision of a nation or state which is constituted by law and has
substantial control of local affairs. In a unitary system of government, such as the government under the Philippine
Constitution, local governments can only be an intra sovereign subdivision of one sovereign nation, it cannot be an
imperium in imperio. Local government in such a system can only mean a measure of decentralization of the function of
government. (emphasis supplied)

As to what state powers should be "decentralized" and what may be delegated to local government units remains a
matter of policy, which concerns wisdom. It is therefore a political question. (Citizens Alliance for Consumer Protection v.
Energy Regulatory Board, 162 SCRA 539).

What is settled is that the matter of regulating, taxing or otherwise dealing with gambling is a State concern and hence, it
is the sole prerogative of the State to retain it or delegate it to local governments.