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11. What are the elements of state?

As held in COLLECTOR VS. CAMPOS RUEDA, 42 SCRA 23, the elements of a state are.
1. people
2. territory
3. sovereignty
4. government
12. Are the two-fold function of government as enumerated by the Sureme !ourt in
"A!A#$ %S. #A!&!&' 1(( )hil. *+, -.inistrant /merely directory0 and !onstituent
/.andatory0 1unctions2 still alicable today?
No more as held i ACC!A VS. CU"CO, 3# SCRA $4%. This is due to complexities of the
changing society, the two-fold function of the government as classifed y !resident "ilson is no longer
relevant as a result of the changing society wherein what are considered merely ministrant functions of
the #tate efore are now considered constituent , or vice versa.
13. What 4ind of government was the A5uino 6overnment after former )resident .arcos
left .ala5canang for 7awaii due to the 89SA :evolution in 1ebruary 1;,+.
As held i & Re' SATURNINO BERMUDEZ, 145 SCRA 160, the same is de $ure. A government
formed as a result of a people%s revolution, is considered de $ure if it is already accepted y the family
of nations or other countries li&e the 'nited #tates, (reat )ritain, (ermany, *apan, and others.
14. What are the three (3) !"#$ %& #e &a't% (%)er"*e"t+
As held in CO ,IM C-AM .S. .A/DEZ TAN ,E-, 05 1h!2. 113, the three +3, &inds of de facto
governments are-
a. .he frst, or government de facto in a proper legal sense, is that government that gets possession
and control of, or usurps, y force or y the voice of the ma$ority, the rightful legal governments and
maintains itself against the will of the latter, such as the government of /ngland under the
0ommonwealth, frst y !arliament and later y 0romwell as !rotector.
. .he second is that which is estalished and maintained y military forces who invade and occupy
a territory of the enemy in the course of war, and which is denominated a government of paramount
force, as the cases of 0astine, in 1aine, which was reduced to )ritish possession in the war of 1212,
and .ampico, 1exico, occupied during the war with 1exico, y the troops of the 'nited #tates.
c. And the third is that estalished as an independent government y the inhaitants of a country
who rise in insurrection against the parent state of such as the government of the #outhern
0onfederacy in revolt not concerned in the present case with the frst &ind, ut only with the second
and third &inds of de facto governments.
3)ut there is another description of government, called also y pulicists a government de facto, ut
which might, perhaps, e more aptly denominated a government of paramount force. 4ts distinguishing
characteristics are
+1,, that its existence is maintained y active military power with the territories, and against the
rightful authority of an estalished and lawful government5 and
+2,, that while it exists it necessarily e oeyed in civil matters y private citi6ens who, y acts of
oedience rendered in sumission to such force, do not ecome responsile, or wrongdoers, for those
acts, though not warranted y the laws of the rightful government.
1<. What is the ostliminy theory or =us ostliminium?
"hen a foreign power occupies a state and exercises the powers of government, the political laws of
the said state are deemed automatically suspended ut the former government automatically comes
to life and will e in force and in e7ect again upon the re-estalishment of the former government.
+.aylor, 4nternational 8aw, p. 91:.,
1+. What is the doctrine of sovereignty as auto limitation?
4n the succinct language of *elline&, it 3is the property of a state-force due to which it has the exclusive
capacity of legal self-determination and self-restriction.3 A $tate the", !& !t 'h%%$e$ t%, *a4
re&ra!" &r%* the e5er'!$e %& 6hat %ther6!$e !$ !22!*!ta72e '%*8ete"'e.3 .he opinion was at
pains to point out though that even then, there is at the most diminution of $urisdictional rights, not its
disappearance. +0ited in ;eagan vs. 0ommissioner, PEOPLE VS. "O(O, )3 SCRA 4*$ ad
COMM&SS&ONER VS. RO+ERTSON, ,43 SCRA 3%*-
1>. What is the incororation theory or the $ncororation !lause of the !onstitution?
4t is the principle emodied in #ection 2, Article 44 of the 0onstitution which states that 3The
1h!2!88!"e$ a#%8t$ the (e"era224 a''e8te# 8r!"'!82e$ %& !"ter"at!%"a2 2a6 a$ 8art %& the
2a6 %& the 2a"#3. +ME9O:: .S. DIRECTOR O: 1RISONS, ;0 1h!2. 00, ,URODA .S. 9A/ANDONI,
<3 1h!2 101, and A=USTIN .S. EDU, << SCRA 1;5).
1,. $n case of con?ict between a constitutional right of a citi@en and a generally acceted
rincile of international law' which shall revail?
4n the case of 4) A=USTIN .S. EDU, << SCRA 1;5
RE>ES .S. BA=ATSIN=,1?5 SCRA 553, the #upreme 0ourt held that the constitutional right shall
prevail. .hough Article 22 of the <ienna 0onvention on =iplomatic ;elations prohiits rallies within :>>
feet of any foreign emassy, the same shall give way to the constitutional right of the citi6ens to
3peacealy assemle and to petition the government for redress of their grievances?.
1;. .ay a citi@en refuse to render ersonal military serviceAtraining because he does not
have military inclination or he does not want to 4ill or be 4illed?
@o as held in )8&)B8 %S. BA6.A#' ++ )hil. 13. .The a//ellat0s ar12met that he does ot 3at
to 4oi the armed 5or6es 7e6a2se .he does ot 3at to 8ill or 7e 8illed9 ad that .he has o militar:
i6liatio9 is ot a66e/ta7le 7e6a2se it is his o7li1atio to 4oi the armed 5or6es i 6oe6tio 3ith
the .de5ese o5 the State9 /ro;isio o5 the Costit2tio.
?0. $s the searation of church and state a myth or a reality?
4t is a reality as shown y the following provisions of the 0onstitution.
1. ART. III, Se'. 5. @o law shall e made respecting an estalishment of religion, or prohiiting the
free exercise thereof. .he free exercise and en$oyment of religious profession and worship, without
discrimination or preference, shall forever e allowed. @A ;/84(4A'# ./#. #BA88 )/ ;/C'4;/= DA;
.B/ /E/;04#/ AD 04<48 A; !A84.40A8 ;4(B.#.
2. ART. .I, Se'. ?< (3). 0haritale institutions, churches, mosFues, non-proft cemeteriesGactually,
directly and exclusively used for religious, charitale, or educational purposes shall e exempt from
taxation.
3. ART. .I, Se'. ?; .(?). @o pulic money or property shall e appropriated, applied, paid, for the
eneft, directly or indirectly, for the use, eneft, or support of any sect, church, denomination or
religion, except when such priest, minister.. is assigned to the armed forces, or to any penal institution,
or government orphanage or leprosarium.
4. ART. I@, C, ?(5). ;eligious denominations and sects shall not e registeredGas political parties.
+@A./- ;eligious organi6ations are also prohiited ion connection with sectoral representatives under
Art. <4,
:. ART. @I., Se'. 3(3,. At the option in writing y parents, religion shall e allowed to e taught to
their children in elementary and high schools within the regular class hours y instructors designated
or approved y religious authorities to which said children elong, without additional cost to the
government.
1H2I 0A@#.4.'.4A@ AD .B/ !B484!!4@/# !hil 0on 2I5 @ew Deatures +1HH1,
@o 1- Bow is the )ill of ;ights strengthened in the 1H2I 0onstitutionJ
#'((/#./= A@#"/;- .here are several ways in which the )ill of ;ights is strengthened in the 1H2I
0onstitution.
1 @ew rights are given explicit recognition such as, the prohiition against detention y reason of
political eliefs and aspirations. .he waiver of 1iranda rights is now reFuired to e made in writing
with the assistance of counsel. .he use of solitary, incommunicado and secret detention places is
prohiited, while the existence of sustandard and inadeFuate penal facilities is made the concern of
legislation.
2 .here is also recognition of the right of expression, an express prohiition against the use of torture,
a mandate to the #tate to provide compensation and rehailitation for victims of torture and their
families.
3 #ome rights have een expanded. Dor instance, free access to courts now includes access to Fuasi-
$udicial odies and to adeFuate legal assistance.
4 .he reFuirements for interfering with some rights have een made more strict. Dor instance, only
$udges can now issue search warrants or warrants of arrest. .here must e a law authori6ing the
/xecutive =epartment to interfere with the privacy of communication, the lierty of aode, and the
right to travel efore these rights may e impaired or curtailed.
: .he 0onstitution now provides that the suspension of the privilege of the writ of haeas corpus does
not suspend the right to ail, thus resolving a doctrinal dispute of long standing.
9 .he suspension of the privilege of the writ of haeas corpus and the proclamation of martial law
have een limited to sixty +9>, days and are now su$ect to the power of 0ongress to revo&e. 4n
addition, the #upreme 0ourt is given the $urisdiction, upon the petition of any citi6en to determine the
suKciency of the factual asis of the suspension of the privilege of the writ of haeas corpus and the
proclamation of martial law.
I. .he #upreme 0ourt is empowered to adopt rules for the protection and enforcement of
constitutional rights.
2. Art. 44. #ec. 11 commits the #tate to a policy which places value on the dignity of every human
person and guarantees full respect for human rights.
H. A 0ommission on Buman ;ights is created.
1>. 'nder Article E<4. #ec. :+2, the #tate is mandated to promote respect for the peopleLs rights
among the memers of the military in the performance of their duty.
!hil 0on 2I5 !eople !ower +1H2I,
@o. E<444- .he framers of the 1H2I 0onstitution and the people who ratifed it made sure that
provisions institutionali6ing people power were incorporated in the fundamental law, )rieMy discuss at
least two such provisions.
#'((/#./= A@#"/;-
Art. <4, #ec. 1, while vesting in 0ongress the legislative power, nonetheless states that such
conferment of power shall e su$ect to the reservation made in favor of the people y provisions on
initiatives and referendum. Dor this purpose, 0ongress is reFuired, as early as possile, to provide for a
system of initiative of referendum wherey the people can directly propose and enact laws or approve
or re$ect an act or law or part thereof passed y the 0ongress or the legislative odies after the
registration of a petition therefor, signed y at least 1>N of the total numer of registered voters, of
which every legislative district must e represented y at least 3N of the registered voters. +4d., sec.
32, .he 0onstitution also provides that through initiative, upon a petition of at least 12N of the total
numers of registered voters, of which every
legislative district must e represented y at least 3N of the registered voters therein, amendments to
the 0onstitution may e directly proposed y the people.
Art, E444, sec. 1: states that the state shall respect the role of independent peopleLs organi6ation to
enale them to pursue and protect, within the democratic framewor&, their legitimate and collective
interests and aspirations through peaceful lawful means. Dor this purpose, the 0onstitution guarantees
to such organi6ations the right to participate at all levels of social, political and economic decision-
ma&ing and the state is reFuired to validate theestalishment of adeFuate mechanism for this
purpose. +4d., sec, 19,
!hil 0on 2I5 !eople !ower +2>>>,
@o 4E. 4s the concept of !eople !ower recogni6ed in the 0onstitutionJ =iscuss rieMy. +3N,
#'((/#./= A@#"/;-
Oes, the concept of !eople !ower is recogni6ed in the 0onstitution. 'nder #ection 32. Article <4 of the
0onstitution, through initiative and referendum, the people can directly propose and enact laws or
approve or re$ect any act or law or part thereof passed y the 0ongress or local legislative ody after
the registration of a petition therefor signed y at least ten per centum of the total numer of
registered voters, of which every legislative district must e represented y at least three per centum
of the registered voters thereof. 'nder #ection 19, Article E444 of the 0onstitution, the right of the
people and their organi6ations to e7ective and reasonale participation at all levels of social, political
and economic decision-ma&ing shall not e aridged. .he #tate shall, y law facilitate the
estalishment of adeFuate consultation mechanisms. 'nder #ection 2. Article E<44 of the 0onstitution,
the people may directly propose amendments to the 0onstitution through initiative upon a petition of
at least twelve per centum of the total numer of registered voters, of which every legislative district
must e represented y at least three per centum of the registered voters therein.
!hil 0on 2I5 !eople !ower +2>>3,
@o 4 -4s Ppeople powerP recogni6ed y the 1H2I 0onstitutionJ /xplain fully.
#'((/#./= A@#"/;- P!eople powerP is recogni6ed in the 0onstitution. Article 444, #ection 4 of the
1H2I 0onstitution guarantees the right of the people peaceale to assemle and petition the
government for redress of grievances. Article <4, #ection 32 of the 1H2I 0onstitution reFuires
0ongress to pass a law allowing the people to directly propose and enact laws through initiative and to
approve or re$ect any act or law or part of it passed y 0ongress or a local legislative ody.
Article E444, #ection 19 of the 1H2I 0onstitution provides that the right of the people and their
organi6ations to participate at all levels of social, political, and economic decision-ma&ing shall not e
aridged and that the #tate shall, y law, facilitate the estalishment of adeFuate consultation
mechanisms.
Article E<44, #ection 2 of the 1H2I 0onstitution provides that su$ect to the enactment of an
implementing law, the people may directly propose amendments to the 0onstitution through initiative.
@ature of the 0onstitution- 0onstitutional #upremacy +2>>4,
+1>-a, )@@ ;epulic has a defense treaty with /<A Dederation. According to the ;epulicLs #ecretary of
=efense, the treaty allows temporary asing of friendly foreign troops in case of training exercises for
the war on terrorism. .he 1a$ority 8eader of the #enate contends that whether temporary or not, the
asing of foreign troops however friendly is prohiited y the 0onstitution of )@@ which provides that,
P@o foreign military ases shall e allowed in )@@ territory.P 4n case there is indeed an irreconcilale
conMict etween a provision of the treaty and a provision of the 0onstitution, in a $urisdiction and legal
system li&e ours, which should prevail- the provision of the treaty or of the 0onstitutionJ "hyJ /xplain
with reasons, rieMy. +:N,
#'((/#./= A@#"/;- 4n case of conMict etween a provision of a treaty and a provision of the
0onstitution, the provision of the 0onstitution should prevail. #ection :+2,+a,, Article <444 of the 1H2I
0onstitution authori6es the nullifcation of a treaty when it conMicts with the 0onstitution. +(on6ales v.
Bechanova, H #0;A 23> Q1H93R,.
(overnment !residential Dorm vs. !arliamentary Dorm +C9-2>>9,
1. a, "hat is the principal identifying feature of a presidential form of governmentJ /xplain. +2.:N,
#'((/#./= A@#"/;- .he principal identifying feature of a presidential form of government is
emodied in the separation of powers doctrine. /ach department of government exercises powers
granted to it y the 0onstitution and may not control, interfere with or encroach upon the acts done
within the constitutional competence of the others. Bowever, the 0onstitution also gives each
department certain powers y which itmay defnitely restrain the others from improvident action,
therey maintaining a system of chec&s and alances among them, thus, preserving the will of the
sovereign expressed in the 0onstitution.
, "hat are the essential characteristics of a parliamentary form of governmentJ +2.:N,
#'((/#./= A@#"/;- .he essential characteristics of a parliamentary form of government are- the
fusion of the legislative and executive ranches in parliament5 the prime minister, who is the head of
government, and the memers of the cainet, are chosen from among the memers of parliament and
as such are accountale to the latter5 and the prime minister may e removed from oKce y a vote of
loss of confdence of parliament. .here may e a head of state who may or may not e elected.
A;.408/ 4 @ational .erritoryArchipelagic =octrine +1H2H,
@o. 2>- "hat do you understand y the archipelagic doctrineJ 4s this reMected in the 1H2I
0onstitutionJ
#'((/#./= A@#"/;- .he A;0B4!/8A(40 =A0.;4@/ emphasi6es the unity of land and waters y
defning an archipelago either as a group of islands surrounded y waters or a ody of waters studded
with islands. Dor this purpose, it reFuires that aselines e drawn y connecting the appropriate points
of the Poutermost islands to encircle the islands within the archipelago. .he waters on the landward
side of the aselines regardless of readth or dimensions are merely internal waters.
Oes, the archipelagic doctrine is reMected in the 1H2I 0onstitution. Article 4, #ection 1 provides that
the national territory of the !hilippines includes the !hilippine archipelago, with all the islands and
waters emraced therein5 and the waters around, etween, and connecting the islands of the
archipelago, regardless of their readth and dimensions, form part of the internal waters of the
!hilippines.
0ontiguous Sone vs. /xclusive /conomic Sone +2>>4,
+2-a-2, =istinguish- .he contiguous 6one and the exclusive economic 6one.
#'((/#./= A@#"/;- 0A@.4('A'# SA@/ is a 6one contiguous to the territorial sea and extends up to
12 nautical miles from the territorial sea and over which the coastal state may exercise control
necessary to prevent infringement of its customs, fscal, immigration or sanitary laws and regulations
within its territory or territorial sea. +Article 33 of the 0onvention on the 8aw of the #ea.,
.he /E08'#4</ /0A@A140 SA@/ is a 6one extending up to 2>> nautical miles from the aselines of a
state over which the coastal state has sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether living or nonliving, of the waters super$acent
to the seaed and of the seaed and susoil, and with regard to other activities for the economic
exploitation and exploration of the 6one. +Articles :9 and :I of the 0onvention on the 8aw of the #ea.,
/xclusive /conomic Sone5 ;ights of the 0oastal #tate +1HH4,
@o. 11- 4n the desire to improve the fshing methods of the fshermen, the )ureau of Disheries, with the
approval of the !resident, entered into a memorandum of agreement to allow .hai fshermen to fsh
within 2>> miles from the !hilippine sea coasts on the condition that Dilipino fshermen e allowed to
use .hai fshing eFuipment and vessels, and to learn modern technology in fshing and canning.
1, 4s the agreement validJ
#'((/#./= A@#"/;- 1, @o. the !resident cannot authori6e the )ureau of Disheries to enter into a
memorandum of agreement allowing .hai fshermen to fsh within the exclusive economic 6one of the
!hilippines, ecause the 0onstitution reserves to Dilipino citi6ens the use and en$oyment of the
exclusive economic 6one of the !hilippines.
#ection 2. Article E44 of the 0onstitution provides- .he #tate shall protect the nationLs marine part in
its archipelagic waters, territorial sea, and exclusive economic 6one, and reserve its use and
en$oyment to Dilipino citi6ens.P
#ection I, Article E444 of the 0onstitution provides- P.he #tate shall protect the rights of susistence
fshermen, especially of local communities, to the preferential use of the communal marine and fshing
resources, oth inland and o7shore. 4t shall provide support to such fshermen through appropriate
technology and research, adeFuate fnancial, production, and mar&eting assistance, and other
services. .he #tate shall also protect, develop, and conserve such resources. .he protection shall
extend to o7shore fshing grounds of susistence fshermen against foreign intrusion. Dishwor&ers shall
receive a $ust share from their laor in the utili6ation of marine and fshing resources.
/xclusive /conomic Sone5 ;ights of the 0oastal #tate +C1-2>>:,
+c, /numerate the rights of the coastal state in the exclusive economic 6one. +3N,
A8./;@A.4</ A@#"/;-
4n the /E08'#4</ /0A@A140 SA@/, the coastal #tate has sovereign rights for the purpose of exploring
and exploiting, conserving and managing the natural resources, whether living or non-living, of the
waters super$acent to the seaed and of the seaed and its susoil, and with regard to other activities
for the economic exploitation and exploration of the 6one, such as the production of energy from the
water, currents and winds in an area not extending more than 2>> nautical miles eyond the aseline
from which the territorial sea is measured. Ather rights include the production of energy from the
water, currents and winds, the estalishment and use of artifcial islands, installations and structures,
marine scientifc research and the protection and preservation of the marine environment. +Art. :9,
'.@. 0onvention on the 8aw of the #ea,
A8./;@A.4</ A@#"/;-
#A</;/4(@ ;4(B.# T for the purpose of exploring and exploiting, conserving and managing the
natural resources, whether living or non-living, of the seaed and susoil and the super$acent waters,
and with regard to other activities such as the production of energy from the water, currents and winds
in an area not extending more than 2>> nautical miles eyond the aseline from which the territorial
sea is measured. +#ee Art. :9, '@08A#, *urisdiction, inter alia, with regard to-
+1, the estalishment and use of artifcial islands, installations and structures5 +2, marine scientifc
research5 +3, and the protection and preservation of the marine environment.
Dlag #tate vs. Dlag of 0onvenience +2>>4,
+2-a-3, =istinguish- .he Mag state and the Mag of convenience.
#'((/#./= A@#"/;- D8A( #.A./ means a ship has the nationality of the Mag of the state it Mies, ut
there must e a genuine lin& etween the state and the ship. +Article H1 of the 0onvention on the 8aw
of the #ea., D8A( AD 0A@</@4/@0/ refers to a state with which a vessel is registered for various
reasonssuch as low or non-existent taxation or low operating costs although the ship has no genuine
lin& with that state. +Barris, 0ases and
1aterials on 4nternational 8aw, :th ed., 1HH2, p. 42:., .erritory U (overnment +1HH9,
@o. 2- A law was passed dividing the !hilippines into three regions +8u6on, <isayas, and 1indanao,,
each constituting an independent state except on matters of foreign relations, national defense and
national taxation, which are vested in the 0entral government. 4s the law validJ /xplain.
#'((/#./= A@#"/;- .he law dividing the !hilippines into three regions, each constituting an
independent state and vesting in a central government matters of foreign relations, national defense,
and national taxation, is unconstitutional.
Dirst, it violates Article 4, which guarantees the integrity of the national territory of the !hilippines
ecause it divided the !hilippines into three states.
#econd, it violates #ection 1, Article 44 of the 0onstitution, which provides for the estalishment of
democratic and repulic #tates y replacing it with three #tates organi6ed as a confederation.
.hird, it violates #ection 22, Article 44 of the 0onstitution, which, while recogni6ing and promoting the
rights of indigenous cultural communities, provides for national unity and development.
Dourth, it violates #ection 1:, Article E of the 0onstitution, which, provides for autonomous regions in
1uslim 1indanao and in the 0ordilleras within the framewor& of national sovereignty aswell as
territorial integrity of the ;epulic of the !hilippines.
Difth, it violates the sovereignty of the ;epulic of the !hilippines.
.erritorial #ea vs. 4nternal "aters +2>>4,
+2-a-1, =istinguish- .he territorial sea and the internal waters of the !hilippines. #'((/#./=
A@#"/;- ./;;4.A;4A8 #/A is an ad$acent elt of sea with a readth of 12 nautical miles measured
from the aselines of a state and over which the state has sovereignty. +Articles 2 and 3 of the
0onvention on the 8aw of the #ea., #hip of all states en$oy the right of innocent passage through the
territorial sea. +Article 14 of the 0onvention on the 8aw of the #ea.,
'nder #ection 1, Article 4 of the 1H2I 0onstitution, the 4@./;@A8 "A./;# of the !hilippines consist of
the waters around, etween and connecting the islands of the !hilippine Archipelago, regardless of
their readth and dimensions, including the waters in ays, rivers and la&es. @o right of innocent
passage for foreign vessels exists in the case of internal waters. +Barris, 0ases and 1aterials on
4nternational 8aw, :th ed., 1HH2, p. 4>I., 4nternal waters are the waters on the landward side of
aselines from which the readth of the territorial sea is calculated. +)rownlie, !rinciples of !ulic
4nternational 8aw, 4th ed., 1HH>, p. 12>.,
A;.408/ 44 =eclaration of
!rinciples and #tate !olicies
Armed Dorces5 #ervant of the !eople +2>>3,
@o 4 - Article 44. #ection 3, of the 1H2I
0onstitution expresses, in part, that the PArmed
Dorces of the !hilippines is the protector of the people and +of, the #tate.P =escrie rieMy what this
provision means. 4s the !hilippine @ational !olice covered y the same mandateJ
D4;#. A8./;@A.4</ A@#"/;- Article 44, #ection 3 of the 1H2I 0onstitution means that the Armed
Dorces of the !hilippines should not serve the interest of the !resident ut of the people and should not
commit auses against the people. +;ecord of the 0onstitutional 0ommission, <ol. <, p. 133., .his
provision is specifcally addressed to the Armed Dorces of the !hilippines and not to the !hilippine
@ational !olice, ecause the latter is separate and distinct from the former. +;ecord of the
0onstitutional 0ommission, <ol. <, p. 2H95 1analo v. #isto6a. 312 #0; A 23H Q1HHHR.,
#/0A@= A8./;@A.4</ A@#"/;- Article 44, #ection 3 of the 1H2I 0onstitution can e interpreted to
mean that the Armed Dorces of the !hilippines can e a legitimate instrument for the overthrow of the
civilian government if it has ceased to e the servant of the people. +)ernas, .he 1H2I 0onstitution of
the !hilippines- A 0ommentary, 2>>3 ed., p. 99., .his provision does not apply to the !hilippine
@ational !olice, ecause it is separate and distinct from the Armed Dorces of the !hilippines. +;ecord of
the 0onstitutional 0ommission, <ol. <, p. 2H9, 1analo v. #isto6a. 312 #0;A 23H Q1HHHR.,
=octrine of 4ncorporation5 0onstitutional 8aw +1HHI,
@o. 15 "hat do you understand y the P=octrine of 4ncorporationP in 0onstitutional 8awJ
#'((/#./= A@#"/;- .he =A0.;4@/ AD 4@0A;!A;A.4A@ means that the rules of 4nternational law
form part of the law of the land and no legislative action is reFuired to ma&e them applicale to a
country. .he !hilippines follows this doctrine, ecause #ection 2. Article 44 of the 0onstitution states
that the !hilippines adopts the generally accepted principles of international law as part of the law of
the land.
=octrine of 4ncorporation5 !acta #unt #ervanda +2>>>,
@o E. .he !hilippines has ecome a memer of the "orld .rade Argani6ation +".A, and resultantly
agreed that it Pshall ensure the conformity of its laws, regulations and administrative procedures with
its oligations as provided in the annexed Agreements.P .his is assailed as unconstitutional ecause
this underta&ing unduly limits, restricts and impairs !hilippine sovereignty and means among others
that 0ongress could not pass legislation that will e good for our national interest and general welfare
if such legislation will not conform with the ".A Agreements. ;efute this argument. +:N,
#'((/#./= A@#"/;- According to .anada v. Angara, 2I2 #0;A 12 +1HHI,, the sovereignty of the
!hilippines is su$ect to restriction y its memership in the family of nations and the limitations
imposed of treaty limitations. #ection 2. Article 44 of the 0onstitution adopts the generally accepted
principles of international law as part of the law of the land. Ane of such principles is pacta sunt
servanda. .he 0onstitution did not envision a hermit-li&e isolation of the country from the rest of the
world.
Dreedom from @uclear "eapons5 Doreign 1ilitary )ases +1H22,
@o. 22- .he #ecretary of *ustice had recently ruled that the !resident may negotiate for a modifcation
or extension of military ases agreement with the 'nited #tates regardless of the Pno nu&esP
provisions in the 1H2I 0onstitution. .he !resident forthwith announced that she fnds the same opinion
PacceptaleP and will adopt it. .he #enators on the other hand, led y the #enate !resident, are
s&eptical, and had even warned that no treaty or international agreement may go into e7ect without
the concurrence of two-thirds of all memers of the #enate.
A former senator had said, Pit is completely wrong, if not erroneous,P and Pis an
amendment of the 0onstitution y misinterpretation.P #omememers of the 8ower
Bouse agree with #ecretary Ardone6, while others lament the latterLs opinion as
PFuestionale, unfortunate, and without any asis at all.P =o you or do you not
agree with the aforementioned ruling of the =epartment of *usticeJ "hyJ
#'((/#./= A@#"/;- @o. .he 0onstitution provides that if foreign military ases,
troops or facilities are to e allowed after the expiration of the present !hilippine-
American 1ilitary )ases Agreement in 1HH1, it must e Punder a treaty duly
concurred in y the #enate and, when the 0ongress so reFuires, ratifed y a
ma$ority of the votes cast y the people in a national referendum.P +Art. E<444, sec.
2:, A mere agreement, therefore, not a treaty, without the concurrence of at least
2V3 of all the memers of the #enate will not e valid +Art. <44, sec. 21, Art. E<444,
sec. 4,. "ith respect to the provision allowing nuclear weapons within the ases, the
0onstitution appears to an such weapons from the !hilippine territory. 4t declares
as a state policy that Pthe !hilippines, consistent with the national interest, adopts
and pursues a policy of freedom from nuclear weapons in its territory.P +Art, 44, sec.
2, Bowever, the delierations of the 0onstitutional 0ommission would seem to
indicate that this provision of the 0onstitution is Pnot something asolute nor 1>>
percent without exception.P 4t may therefore e that circumstances may $ustify a
provision on nuclear weapons.
!hilippine Dlag +C4-2>>9,
#tate whether or not the law is constitutional. /xplain rieMy.
1. A law changing the design of the !hilippine Mag. +2N,
A8./;@A.4</ A@#"/;- .he law is invalid considering that under Article E<4, #ection
1 of the 1H2I 0onstitution, the Mag of the !hilippines shall e red, white, and lue,
with a sun and three stars, as consecrated and honored y the people and
recogni6ed y law. #ince the 0onstitution itself prescries the design, it can only e
changed y constitutional amendment.
A8./;@A.4</ A@#"/;- .he law is valid, provided that the new design does not
change the elements and color scheme of the Mag as stated in the 0onstitution, and
the Mag is consecrated and honored y the people. #ince the 0onstitution itself
states thatthe Mag must e recogni6ed y law, it implies that certain aspects of the
Mag are su$ect to change through legislative action.
!rinciple of 0ivilian #upremacy +C9-2>>9,
2. "hat 0onstitutional provisions institutionali6e the principle of civilian supremacyJ
+2.:N,
#'((/#./= A@#"/;- .he following constitutional provisions institutionali6e the
principle of civilian supremacy- 0ivilian authority is at all times supreme over the
military. QArticle 44, #ection 3R .he installation of the !resident, the highest civilian
authority, as the 0ommander-in-0hief of the military. QArticle <44, #ection 12R .he
reFuirement that memers of the AD! swear to uphold and defend the 0onstitution,
which is the fundamental law of the civil government.
QArticle E<4, #ection :+1,R .he reFuirement that memers of the AD! shall have
respect for peopleLs rights in the performance of their duty. QArticle E<4, #ection
:+2,R !rofessionalism in the armed forces. QArticle E<4, #ection :+3,R4nsulation of the
AD! from partisan politics.
QArticle E<4, #ection :+3,R !rohiition against the appointment of an AD! memer in
the active service to a civilian position. QArticle E<4, #ection :+4,R
0ompulsory retirement of oKcers without extension of service. QArticle E<4, #ection
:+:,R ;eFuirement of proportional recruitment from all provinces and cities, so as to
avoid any regional cliFue from forming within the AD!. QArticle E<4, #ection :+I,R
A 3-year limitation on the tour of duty of the 0hief of #ta7, which although
extendile in case of emergency y the !resident, depends on0ongressional
declaration of emergency. QArticle E<4, #ection :+9,R .he estalishment of a police
force that is not only civilian in character ut also under the local executives.
QArticle E<4, #ection :+I,R
#tate 4mmunity from #uit +1HH1,
@o. 135 4n Deruary 1HH>, the 1inistry of the Army. ;epulic of 4ndonesia, invited
ids for the supply of :>>,>>> pairs of comat oots for the use of the 4ndonesian
Army. .he 1ari&ina #hoe 0orporation, a !hilippine corporation, which has no ranch
oKce and no assets in 4ndonesia, sumitted a id to supply :>>,>>> pairs ofcomat
oots at '.#. W3> per pair delivered in *a&arta on or efore 3> Actoer 1HH>. .he
contract was awarded y the 1inistry of the Army to 1ari&ina #hoe 0orporation and
was signed y
the parties in *a&arta. 1ari&ina #hoe 0orporation was ale to deliver only 2>>,>>>
pairs of comat oots in *a&arta y 3> Actoer 1HH> and it received payment for
1>>,>>> pairs or a total of '.#. W3,>>>,>>>.>>. .he 1inistry of the Army promised to
pay for the other 1>>,>>> pairs already delivered as soon as the remaining 3>>,>>>
pairs of comat oots are delivered, at which time the said 3>>,>>> pairs will also
e paid for. 1ari&ina #hoe 0orporation failed to deliver any more comat oots. An
1 *une 1HH1, the ;epulic of 4ndonesia fled an action efore the ;egional .rial 0ourt
of !asig. ;i6al, to compel 1ari&ina #hoe 0orporation to perform the alance of its
oligations under thecontract and for damages. 4n its Answer, 1ari&ina #hoe
0orporation sets up a counterclaim for '.#. W3,>>>,>>>.>> representing the
payment for the 1>>,>>> pairs of comat oots already delivered ut unpaid.
4ndonesia moved to dismiss the counterclaim, asserting that it is entitled to
sovereign 4mmunity from suit. .he trial court denied the motion to dismiss and
issued two writs of garnishment upon 4ndonesian (overnment funds deposited in
the !hilippine @ational )an& and Dar /ast )an&. 4ndonesia went to the 0ourt of
Appeals on a petition for certiorari under ;ule 9: of the ;ules of 0ourt. Bow would
the 0ourt of Appeals decide the caseJ
#'((/#./= A@#"/;- .he 0ourt of Appeals should dismiss the petition insofar as it
see&s to annul the order denying the motion of the (overnment of 4ndonesia to
dismiss the counterclaim. .he counterclaim in this case is a compulsory
counterclaim since it arises from the same contract involved in the complaint. As
such it must e set up otherwise it will e arred. Aove all, as held in Droilan vs.
!an Ariental #hipping 0o., H: !hil. H>:, y fling a complaint, the state of 4ndonesia
waived its immunity from suit. 4t is not right that it can sue in the courts ut it
cannot e sued. .he defendant therefore acFuires the right to set up a compulsory
counterclaim against it. Bowever, the 0ourt of Appeals should grant the petition of
the 4ndonesian government insofar as it sought to annul the garnishment of the
funds of 4ndonesia which were deposited in the !hilippine @ational )an& and Dar
/ast )an&.
0onsent to the exercise of $urisdiction of a foreign court does not include waiver of
the separate immunity from execution. +)rownlie, !rinciples of !ulic 4nternational
8aw, 4th ed., p. 344., .hus, in =exter vs. 0arpenter vs. Xunglig *arnvagsstyrelsen,
43 Ded I>:, it was held the consent to e sued does not give consent to the
attachment of the property of a sovereign government.
#tate 4mmunity from #uit +1HH9,
@o. 95 .he ;epulic of the )alau +formerly !alau 4slands, opened and operated in
1anila an oKce engaged in trading )alau products with !hilippine products. 4n one
transaction, the local uyer complained that the )alau goods delivered to him were
sustandard and he sued the ;epulic of )alau, efore the ;egional .rial 0ourt of
!asig, for damages. a, Bow can the ;epulic of )alau invo&e its sovereign
immunityJ /xplain.
, "ill such defense of sovereign immunity prosperJ /xplain.
#'((/#./= A@#"/;- A, .he ;epulic of )alau can invo&e its sovereign 4mmunity
y fling a motion to dismiss in accordance with #ection l+a,, ;ule 19 of the ;ules of
0ourt on the ground that the court has no $urisdiction over its person.
According to the Boly #ee vs. ;osario, 232 #0;A :24, in !ulic 4nternational 8aw,
when a #tate wishes to plead sovereign immunity in a foreign court, it reFuests the
Doreign AKce of the #tate where it is eing sued to convey to the court that it is
entitled to immunity. 4n the !hilippines, the practice is for the foreign government to
frst secure an executive endorsement of its claim of sovereign immunity. 4n some
cases, the defense of sovereign immunity is sumitted directly to the local court y
the foreign government through counsel y fling a motion to dismiss on the ground
that the court has no *urisdiction over its person.
, @o, the defense of sovereign 4mmunity will not prosper. .he sale of )alau
products is a contract involving a commercial activity. 4n 'nited #tates vs. ;ui6,
139#0;A42I and 'nited #tates vs. (uinto, 122 #0;A 944, it was stated that a
foreign #tate cannot invo&e 4mmunity from suit if it enters into a commercial
contract. .he !hilippines adheres to ;/#.;40.4</ #A</;/4(@ 411'@4.O.
#tate 4mmunity from #uit +1H2H,
@o. 13- A property owner fled an action directly in court against the ;epulic of the
!hilippinessee&ing payment for a parcel of land which the national government
utili6ed for a road widening pro$ect.
+1, 0an the government invo&e the doctrine of non-suitaility of the stateJ
+2, 4n connection with the precedingFuestion, can the property owner garnish
pulic funds to satisfy his claim for paymentJ /xplain your answers.
#'((/#./= A@#"/;-
+1, @o, the government cannot invo&e the doctrine of state of immunity from suit.
As held in 1inisterio vs. 0ourt of Dirst 4nstance of 0eu, 4> #0;A 494, when the
government expropriates property for pulic use without paying $ust compensation,
it cannot invo&e its immunity from the suit. Atherwise, the right guaranteed in
#ection H, Article 444 of the 1H2I 0onstitution that private property shall not e ta&en
for pulic use without $ust compensation will e rendered nugatory.
+2, @o, the owner cannot garnish pulic funds to satisfy his claim for payment,
#ection I of Act @o. 3>23 prohiits execution upon any $udgment against the
government. As held in ;epulic vs. !alacio, 23 #0;A 2HH, even if the government
may e sued, it does not follow that its properties may e sei6ed under execution.
A8./;@A.4</ A@#"/;-
+2, @o, funds of the government on deposit in the an& cannot e garnished for two
reasons-
1 'nder Art. 44, #ec. 2H +1, pulic funds cannot e spent except in pursuance of an
appropriation made y law, and
2 essential pulic services will e impaired if funds of the government were su$ect
to execution, +0ommissioner of !ulic Bighways vs. #an =iego, 31 #0;A 919
+1HI>,,. .he remedy of the prevailing party is to have the $udgment credit in his
favor included in the general appropriations law for the next year.
#tate 4mmunity from #uit +1HH4,
@o. 95 *ohnny was employed as a driver y the 1unicipality of 0alumpit, )ulacan.
"hile driving rec&lessly a municipal dump truc& with its load of sand for the repair
of municipal streets, *ohnny hit a $eepney. .wo passengers of the $eepney were
&illed. .he #angguniang )ayan passed an ordinance appropriating !3>>,>>> as
compensation for the heirs of the victims. 1, 4s the municipality liale for the
negligence of *ohnnyJ 2, 4s the municipal ordinance validJ
#'((/#./= A@#"/;-
1, Oes, the 1unicipality of 0alumpit is liale for the negligence of its driver *ohnny.
'nder #ection 24 of the 8ocal (overnment 0ode, local government units are not
exempt from liaility for death or in$ury to persons or damage to property.
A8./;@A.4</ A@#"/;- @o, the municipality is not liale for the negligence of
*ohnny, the prevailing rule in the law of municipal corporations is that a municipality
is not liale for the torts committed y its regular employees in the discharge of
governmental functions. .he municipality is answerale only when it is acting in a
proprietary capacity. 4n the case at ar, *ohnny was a regular employee of the
1unicipality of 0alumpit as driver of its dump truc&5 he committed a tortious act
while discharging a governmental function for the municipality, ie., driving
rec&lessly the said truc& loaded with sand for the repair of municipal streets.
'ndoutedly then, *ohnny as driver of the dump truc& was performing a duty or tas&
pertaining to his oKce. .he construction or maintenance of pulic streets are
admittedly governmental activities. At the time of the accident, *ohnny was
engaged in the discharge of governmental functions.
Bence, the death of the two passengers of the $eepney -tragic and deplorale
though it may e imposed on the municipality no duty to pay monetary
compensation, as held in 1unicipality of #an. Dernando v. Dirme, 1H: #0;A 9H2.
#tate 4mmunity from #uit +1HH2,
@o. H- .he @orthern 8u6on 4rrigation Authority +@84A, was estalished y a
legislative charter to strengthen the irrigation systems that supply water to farms
and commercial growers in the area. "hile the @84A is ale to generate revenues
through its operations, it receives an annual appropriation from 0ongress. .he @84A
is authori6ed to Pexercise all the powers of a corporation under the 0orporation
0ode.P =ue to a miscalculation y some of its employees, there was a massive
irrigation overMow causing a Mash Mood in )arrio San$era. A child drowned in the
incident and his parents now fle suit against .he @84A for damages. 1ay the @84A
validly invo&e the immunity of the #tate from suitJ =iscuss thoroughly.
#'((/#./= A@#"/;- @o, the @orthern 8u6on 4rrigation Authority may not invo&e
the immunity of the #tate from suit, ecause, as held in Dontanilla vs. 1aliaman,
1IH #0;A 92: and 1H4 #0;A 429, irrigation is a proprietary function. )esides, the
@orthern 8u6on 4rrigation Authority has a $uridical personality separate and distinct
from the government, a suit against it is not a suit against the #tate. #ince the
waiver of the immunity from suit is without Fualifcation, as held in ;ayo vs. 0ourt of
Dirst 4nstance of )ulacan, 11> #0;A 4:9, the waiver includes an action ased on a
Fuasi-delict.
#tate 4mmunity from #uit +1HHH,
A. 1., "hat do you understand y state immunity from suitJ /xplain. +2N,
2., Bow may consent of the state to e sued e givenJ /xplain. +2N,
#'((/#./= A@#"/;-
1.#.A./ 411'@4.O D;A1 #'4. means that the #tate cannot e sued without its
consent. A corollary of such principle is that properties used y the #tate in the
performance of its governmental functions cannot e su$ect to $udicial execution.
2., 0onsent of the #tate to e sued may e made expressly as in the case of a
specifc, express provision of law as waiver of #tate immunity from suit is not
inferred lightly +e.g. 0.A. 32I as amended y != 144:Y or impliedly as when the
#tate engages in proprietary functions +'.#. v. ;ui6, '.#. v. (uinto, or when it fles a
suit in which case the adverse party may fle a counterclaim +Droilan v. !an Ariental
#hipping, or when the doctrine would in e7ect e used to perpetuate an in$ustice
+Amigale v. 0uenca, 43 #0;A 39>,.
#tate 4mmunity from #uit +1HHH,
@o <4 - ). .he employees of the !hilippine .oacco Administration +!.A, sued to
recover overtime pay. 4n resisting such claim, the !.A theori6ed that it is performing
governmental functions. =ecide and explain. +2N,
#'((/#./= A@#"/;- As held in !hilippine <irginia .oacco Administration v. 0ourt
of 4ndustrial ;elations, 9: #0;A 419, the !hilippine .oacco Administration is not
liale for overtime pay, since it is performing governmental functions. Among its
purposes are to promote the e7ective merchandising of toacco so that those
engaged in the toacco industry will have economic security, to staili6e the price
of toacco, and to improve the living andeconomic conditions of those engaged in
the toacco industry.
#tate 4mmunity from #uit +1H2I,
+a, PEP fled a case against the ;epulic of the !hilippines for damages caused his
yacht, which was rammed y a navy vessel.
+, PEP also sued in another case the #ecretary of !ulic "or&s and the ;epulic of
the !hilippines for payment of the compensation of the value of his land, which was
used as part of the tarmac of the 0eu 4nternational Airport, without prior
expropriation proceedings. .he #olicitor (eneral moved to dismiss the two cases
invo&ing state immunity from suit =ecide.
#'((/#./= A@#"/;-
a..he government cannot e sued for damages considering that the agency which
caused the damages was the !hilippine @avy. 'nder Art. 212> of the 0ivil 0ode, the
state consents to e sued for a Fuasi-delict only when the damage is caused y its
special agents. Bence, the #olicitor (eneralLs motion should e granted and the suit
rought y PEP e dismissed.
+, )ut the government 0A@@A. 4@<AX/ the stateLs immunity from suit. As held in
1inisterio v. 0ourt of Dirst 4nstance. 4> #0;A 494 +1HI1,, which also involved the
ta&ing of private property without the eneft of expropriation proceeding, P.he
doctrine of governmental immunity from suit cannot serve as an instrument for
perpetrating an in$ustice on a citi6en. . . . "hen the government ta&es any property
for pulic use, which is conditional upon the payment of $ust compensation, to e
$udicially ascertained, it ma&es manifest that it sumits to the $urisdiction of the
court.P .he #olicitor (eneralLs motion to dismiss should, therefore, e denied.
#tate 4mmunity vs. "aiver of 4mmunity +1HHI,
@o, 9- 4t is said that Pwaiver of immunity y the #tate does not mean a concession
of its liailityP. "hat are the implications of this phraseJ
#'((/#./= A@#"/;- .he phrase that waiver of immunity y the #tate does not
mean a concession of liaility means that y consenting to e sued, the #tate does
not necessarily admit it is liale. As stated in !hilippine ;oc& 4ndustries, 4nc. vs.
)oard of 8iFuidators, 12> #0;A 1I1, in such a case the #tate is merely giving the
plainti7 a chance toprove that the #tate is liale ut the #tate retains the right to
raise all lawful defenses.
#tate 4mmunity from #uit +1HH3,
@o 1H- =evi is the owner of a piece of land. "ithout prior expropriation or
negotiated sale, the national government used a portion thereof for the widening of
the national highway. =evi fled a money claim with the 0ommission on Audit which
was denied. 8eft with no other recourse, =evi fled a complaint for recovery of
property andVor damages against the #ecretary of !ulic "or&s and Bighways and
the ;epulic of the !hilippines, .he defendant moved for dismissal of the complaint
contending that the government cannot e sued without its consent. .he ;.0
dismissed the complaint. An appeal, how would you decide the case.
#'((/#./= A@#"/;-
.he order dismissing the complaint should e reversed. 4n 1inisterio v. 0ourt of Dirst
4nstance of 0eu, 4> #0;A 494, it was held that when the government ta&es
property from a private landowner without prior expropriation or negotiated sale,
the landowner may maintain a suit against the government without violating the
doctrine of government 4mmunity from suit. .he government should e deemed to
have waived impliedly its immunity from suit. Atherwise, the constitutional
guarantee that private property shall not e ta&en for pulic use without $ust
compensation will e rendered nugatory.
#tate !rinciples U !olicies +1HH4,
@o. 15 "hat is the state policy on- a, wor&ing womenJ , ecologyJ c, the symols of
statehoodJ d, cultural minoritiesJ e, science and technologyJ
#'((/#./= A@#"/;-
a, #ection 14, Article E444 of the 0onstitution provides- P.he #tate shall protect
"A;X4@( "A1/@ y providing safe and healthful wor&ing conditions, ta&ing into
account their maternal functions, and such facilities and opportunities that will
enhance their welfare and enale them to reali6e their full potential in the service of
the nation.P
, #ection 19, Article 44 of the 0onstitution provides- .he #tate shall protect and
advance the right of the people and their posterity to a alanced and healthful
/0A8A(O in accord with the rhythm and harmony of nature.P
c, #ection 1, Article E<44 of the 0onstitution provides- P.he D8A( AD .B/
!B484!!4@/# shall e red, white, and lue, with a sun and three stars, as consecrated
and honored y the people and recogni6ed y law.P
#ection 2, Article E<4 of the 0onstitution states- .he 0ongress may y law, adopt a
new name for the country, a national anthem, or a national seal, which shall all e
truly reMective and symolic of the ideals, history, and traditions of the people. #uch
law shall ta&e e7ect only upon its ratifcation y the people in a national
referendum.P
d, #ection 22, Article 44 of the 0onstitution provides- .he #tate recogni6es and
promotes the rights of 4@=4(/@A'# 0'8.';A8 0A11'@4.4/# within the framewor&
of national unity and development.P #ection :, Article E44 of the 0onstitution reads-
.he #tate, su$ect to the provisions of this 0onstitution and national development
policies and programs, shall protect the rights of indigenous cultural communities to
their ancestral lands to ensure their economic, social and cultural well-eing.
.he 0ongress may provide for the applicaility of customary laws governing
property rights or relations in determining the ownership and extent of the ancestral
domains.P #ection 9, Art. E444 of the 0onstitution provides- .he #tate shall apply the
principles of A(;A;4A@ ;/DA;1 or stewardship, whenever applicale in
accordance with law, in the disposition or utili6ation of other natural resources,
including lands of the pulic domain under lease or concession suitale to
agriculture, su$ect to prior rights, homestead rights of small settlers, and the rights
of indigenous communities to their ancestral lands. .he #tate may resettle landless
farmers and farm wor&ers in its own agricultural estates which shall e distriuted
to them in the manner provided y law.P
#ection 1I. Article E4< of the 0onstitution states- P.he #tate shall recogni6e, respect
and protect the rights of indigenous cultural communities to preserve and develop
their cultures, traditions, and institutions. 4t shall consider these rights in the
formulation of national plans and policies.P
e, #ection 1I, Article 44 of the 0onstitution provides- P.he #tate shall give priority to
/='0A.4A@, #04/@0/ and ./0B@A8A(O, A;.#, 0'8.';/, and #!A;.# to foster
patriotism and nationalism, accelerate social progress, and promote total human
lieration and development.P
#ection 14, Article E44 of the 0onstitution reads in part- P.he sustained development
of a reservoir of
@A.4A@A8 .A8/@.# consisting of Dilipino scientists, entrepreneurs, professionals,
managers, high-level technical manpower and s&illed wor&ers and craftsmen shall
e promoted y the #tate, .he #tate shall encourage appropriate technology and
regulate 4ts transfer for the national eneft.
#u-section 2, #ection 3. Article E4< of the 0onstitution states- P.hey +/='0A.4A@A8
4@#.4.'.4A@#, shall inculcate patriotism and nationalism, foster love of humanity,
respect for human rights, appreciation of the role of national heroes in the historical
development of the country, teach the rights and duties of citi6enship, strengthen
ethical and spiritual values, develop moral character and personal discipline,
encourage critical and creative thin&ing, roaden scientifc and technological
&nowledge, and promote vocational eKciency.P
#ection 1>. Article E4< of the 0onstitution declares- P#04/@0/ and ./0B@A8A(O are
essential for national development and progress. .he #tate shall give priority to
research and development, invention, innovation, and their utili6ation5 and to
science and technology education, training, services. 4t shall support indigenous,
appropriate, and self-reliant scientifc and cultural capailities, and their application
to the countryLs productive systems and national life.P
#ection 11, Article E4< of the 0onstitution provides- P.he 0ongress may provide for
incentives, including .AE =/='0.4A@#, to encourage private participation in
programs of asic and applied scientifc research. #cholarships, grants-in-aid or
other forms of 4ncentives shall e provided to deserving science students,
researchers, scientists, investors, technologists, and specially gifted citi6ens.P
#ection 12, Article E4< of the 0onstitution reads- .he #tate shall regulate the
transfer and promote the adaptation of technology from all sources for the national
eneft. 4t shall encourage widest participation of private groups, local governments,
and community-ased organi6ations in the generation and utili6ation of science and
technology.P
.ransparency5 1atters of !ulic 4nterest +1H2H,
@o. 3- =oes the 1H2I 0onstitution provide for a policy of transparency in matters of
pulic interestJ /xplain.
#'((/#./= A@#"/;- Oes, the 1H2I 0onstitution provides for a policy of
transparency in matters of pulic interest. #ection 22, Article 44 of the 1H2I
0onstitution provides-
1 P#u$ect to reasonale conditions prescried y law, the #tate adopts and
implements a policy of full disclosure of all its transactions involving pulic interest,P
2 #ection I, Article 444 of the 1H2I 0onstitution states- P.he right of the people to
information on matters of pulic concern shall e recogni6ed, Access to oKcial
records, and to documents, and papers pertaining to oKcial acts, transactions, or
decisions, as well as to government research data used as asis for policy
development, shall e a7orded the citi6en, su$ect to such limitations as may e
provided y law.P
3 #ection 2>, Article <4 of the 1H2I 0onstitution reads- P.he records and oo&s of
account of the 0ongress shall e preserved and e open to the pulic in accordance
with law, and such oo&s shall e audited y the 0ommission on Audit which shall
pulish annually an itemi6ed list of amounts paid to and expenses incurred for each
memer.P
4 'nder #ection 1I, Article E4 of the 1H2I 0onstitution, the sworn statement of
assets, liailities and net worth of the !resident, the <ice-!resident, the 1emers of
the 0ainet, the 0ongress, the #upreme 0ourt, the 0onstitutional 0ommission and
other constitutional oKces, and oKcers of the armed forces with general or Mag
ran& fled upon their assumption of oKce shall e disclosed to the pulic in the
manner provided y law.
1 #ection 21, Article E44 of the 0onstitution declares- P4nformation on foreign loans
otained or guaranteed y the government shall e made availale to the pulic.P
2 As held in <almonte vs. )elmonte, (.;. @o. I4H3>, De. 13, 1H2H, these provisions
on pulic disclosures are intended to enhance the role of the citi6enry in
governmental decision-ma&ing as well as in chec&ing ause in government.
.ransparency5 1atters of !ulic 4nterest +2>>>,
@o <. #tate at least three constitutional provisions reMecting the #tate policy on
transparency in matters of pulic interest. "hat is the purpose of said policyJ +:N,
#'((/#./= A@#"/;- .he following are the constitutional provisions reMecting the
#tate policy on transparency in matters of pulic interest-
1.P#u$ect to reasonale conditions prescried y law, the #tate adopts and
4mplements a policy of full pulic disclosure of all its transactions involving pulic
interest.P +#ection 22, Article 44,
2. .he right of the people to information on matters of pulic concern shall e
recogni6ed. Access to oKcial records, and to documents, and papers pertaining to
oKcial acts, transactions, or decisions, as well as to government research data used
as asis for policy development, shall e a7orded to citi6en, su$ect to such
limitations as may e provided y law.P +#ection I, Article 444,
3. .he records and oo&s of accounts of the 0ongress shall e preserved and e
open to the pulic in accordance with law, and such oo&s shall e audited y the
0ommission on Audit which shall pulish annually an itemi6ed list of amounts paid
to and expenses incurred for each 1emer.P +#ection 2>. Article <4,
4. .he AKce of the Amudsman shall have the following powers, functions, and
duties- EEE
+9, !ulici6e matters covered y its investigation when circumstances so
warrant and with due prudence,P +#ection 12, Article E4,
:. PA pulic oKcer or employee shall, upon assumption of oKce, and as often as
thereafter may e reFuired y law, sumit a declaration under oath of his assets,
liailities, and net worth. 4n the case of the !resident, the <ice !resident, the
1emers of the 0ainet, the 0ongress, the #upreme 0ourt, the 0onstitutional
0ommissions and other constitutional oKces, and oKcers of thearmed forces with
general or Mag ran&, the declaration shall e disclosed to the pulic in the manner
provided y law.P +#ection 1I, Article E4,
9. P4nformation on foreign loans otained or guaranteed y the (overnment shall e
made availale to the pulic.P +#ection 21 Article E44, As explained 4n <almonte v.
)elmonte, 1I> #0;A 2:9 +1H2H,, the purpose of the policy is to protect the people
from ause of governmental power. 4f access to information of pulic concern is
denied, the postulate Ppulic oKce is a pulic trustP would e mere empty words.
Z@ote- .he examinee should e given full credit if he gives any three of the aove-
mentioned provisions.Y