Академический Документы
Профессиональный Документы
Культура Документы
C. The Incorporation Clause [Sec. 2. Art. II: 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"].
Sec. 21, Art. VII, and Sec. 26, Art. XVIII, betray a marked antipathy
towards foreign military presence in the country, or of foreign influence
in general.
H. Just and dynamic social order Sec. 9. Art. 11: 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. ]
1. Read Preamble.
/. Promotion of Social Justice Sec. 10. Art. II: The State shall promote social
justice in all phases of national development.]
J. Respect for human dignity and human rights Sec. 11. Art. II: The State
values the dignity of every human person and guarantees full respect for
human rights.] Read also Secs. 17-19, Art. XIII.
K. Family and youth Sec. 12. Art. II: 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. Sec. 13. Art. II: 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. ]
1.
2.
M. Promotion of health and ecology Sec. 15. Art. II: The State shall protect
and promote the right to health of the people and instill health consciousness
among them. Sec. 16. Art. II: The State shall protect and advance the right of
the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.] Read also Secs. 11-13, Art. XIII.
1.In Oposa v. Factoran, 224 SCRA 792, it was held that the
petitioners, minors duly joined by their respective parents, had a valid
cause of action in questioning the continued grant of Timber License
Agreements (TLAs) for commercial logging purposes, because the
cause focuses on a fundamental legal right: the right to a balanced and
healthful ecology.
2.In C & M Timber Corporation v. Alcala, G.R. No. 111088, June
13, 1997,on the issue that the total log ban is a new policy which
should be applied prospectively and not affect the rights of petitioner
vested under the Timber Licensing Agreement, the Supreme Court
declared that this is not a new policy but a mere reiteration of the
policy of conservation and protection expressed in Sec. 16, Art. II, of
the Constitution.
N. Priority to education, science, technology, etc. Sec. 17. Art. II: The
State shall give priority to education, science and technology, arts, culture and
sports, to foster patriotism and nationalism, accelerate social progress, and
promote total human liberation and development."] Read also Sec. 2, Art. XIV.
1.In Philippine Merchant Marine School, Inc. v. Court of
Appeals, 244 SCRA770, the Court said that the requirement that a
school must first obtain government authorization before operating is
based on the State policy that educational programs and/or operations
shall be of good quality and, therefore, shall at least satisfy minimum
standards with respect to curricula, teaching staff, physical plant and
facilities and administrative and management viability. [See discussion
on Academic freedom, infra.]
L. Fundamental equality of men and women Sec. 14. Art. II: The State
recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men. ] Read also Sec. 14,
Art. XIII.
government units, which cannot defy its will or modify or violate it.
Ours is still a unitary form of government, not a federal state. Being so,
any form of autonomy granted to local governments will necessarily be
limited and confined within the extent allowed by the central authority.
3.Thus, even as we recognize that the Constitution guarantees
autonomy to local government units, the exercise of local autonomy
remains subject to the power of control by Congress and the power of
general supervision by the President
a) On the Presidents power of general supervision,
however, the President can only interfere in the affairs and
activities of a local government unit if he or she finds that the
latter had acted contrary to law. The President or any of his
alter egos, cannot interfere in local affairs as long as the
concerned local government unit acts within the parameters of
the law and the Constitution. Any directive, therefore, by the
President or any of his alter egos seeking to alter the wisdom
of a law-conforming judgment on local affairs of a local
government unit is a patent nullity, because it violates the
principle of local autonomy, as well as the doctrine of
separation of powers of the executive and legislative
departments in governing municipal corporations.
prohibit political dynasties as may be defined by law.] Read also Sec. 13, Art.
VII; Secs. 1-2, Art. XIII.
1. In Pamatong v. Comelec, G.R. No. 161872, April 13, 2004,
the Supreme Court said that this provision does not bestow a right to
seek the Presidency; it does not contain a judicially enforceable
constitutional right and merely specifies a guideline for legislative
action. The provision is not intended to compel the State to enact
positive measures that would accommodate as many as possible into
public office. The privilege may be subjected to limitations. One such
valid limitation is the provision of the Omnibus Election Code on
nuisance candidates.
W. Honest public service and full public disclosure Sec. 27. Art. II: The
State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption. Sec. 28. Art. II:
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. ] Read also Sec. 7, Art. Ill; Secs 12 & 20, Art. VI; Sec. 20, Art.
VII; Sec. 4, Art. IX-D; Secs. 4-15 & 17, Art. XI; and Secs. 12 &21, Art. XII.
SeeLegaspiv. Civil Service Commission, 150 SCRA 530; Valmonte v. Belmonte,
170 SCRA 256; Garcia v. Board of Investments, 177 SCRA 374; AquinoSarmiento v. Morato, 203 SCRA 515.
V. Equal access of opportunities for public service Sec. 26. Art. II: The
State shall guarantee equal access of opportunities for public service, and