VIII.

FUNDAMENTAL PRINCIPLES AND STATE POLICIES

A. Republicanism
Sec. 1. The Philippines is a democratic and republican State. Sovereignty resides in the people
and all government authority emanates from them.

1. Essential features: representation and renovation.

2. Manifestations:
a) Ours is a government of laws and not of men [Villavicencio v Lukban, 39 Phil 778].
b) Rule of the majority. [Plurality in elections]
c) Accountability of public officials.
d) Bill of Rights.
e) Legislature cannot pass irrepealable laws.
f) Separation of powers.

(1) The Philippines is a democratic and republican state [Sec. 1]

·0 A state wherein all government authority emanates from the people and is exercised by
representatives chosen by the people. (Dissenting Opinion of Justice Puno, Tolentino v.
COMELEC, G.R. No. 148334, Jan. 21, 2004)

·1 The Philippines, under the Const., is not just a representative or republican state but also
shares some aspects of direct democracy such as “initiative and referendum” under Art. VI,
Sec. 32 [Bernas]

B. The Defense of the State

Sec. 4. The prime duty of the Government is to serve and protect the people. The Government
may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal, military or civil service.

(8) Compulsory military and civil service [Sec. 4]

Sec. 5. The maintenance of peace and order, the protection of life, liberty, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy

(9) Maintenance of peace and order, promotion of general welfare [Sec. 5]

Recognition of hierarchy of rights [Bernas; Sec. 5, supra] (a) Life (b) Liberty (c) Property

C. The Incorporation Clause

Sec. 2. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy
of peace, equality, justice, freedom, cooperation, and amity with all nations. (Relate to Sec. 7
and with Sec. 8 declaring that)

The Philippines does not renounce defensive war because it is duty bound to defend its citizens.
Under the Constitution, the prime duty of the government is to serve and protect the people.
NOTE: Even though the legislature can declare an existence of war and enact measures to
support it, the actual power to engage in war is lodged, nonetheless, in the executive.

Voting requirements to declare the existence of a state of war

1. 2/3 vote of both Houses
2. In joint session
3. Voting separately

(2) Renunciation of war [Sec. 2]

(3) Adoption of generally-accepted principles of international law [Sec. 2, supra]
(4) Adherence to a policy of peace, freedom, and amity with all nations [Sec. 2, supra]

1. Read along with the Preamble; See sec. 7 & 8 (independent foreign policy and nuclear-free
Philippines),
Art. II; and Sec. 25 (expiration of bases agreement), Art. XVIII.
-The State shall pursue an independent foreign policy. In its relations with other states, the
paramount consideration shall be national sovereignty, territorial integrity, national interest,
and the right to selfdetermination. (1987 Constitution, Art. 2, Sec. 7)

-The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory. (1987 Constitution, Art. II, Sec. 8)
NOTE: This pertains to use of nuclear weapons and not nuclear source of energy.

2. Renunciation of war. The historical development of the policy condemning or outlawing war in
the international scene:
a) Covenant of the League of Nations, which provided conditions for the right to go to war;
b) Kellogg-Briand Pant nf IQOH also known as the General Treaty for the Renunciation of War,
ratified by 62 States, which forbade war as "an instrument of national policy".
c) Charter of the United Nations. Art. 2 of which prohibits the threat or use of force against the
territorial integrity or political independence of a State.

3. Doctrine of incorporation. 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.
a) The phrase "generally accepted principles of international law" refers to norms of general or
customary international law which are binding on all states, e.g., 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 v. Duque. G.R. No. 173034, October 9, 2007).
b) Under the 1987 Constitution, international law can become part of the sphere of domestic
law either by transformation or by incorporation. The transformation method requires that an
international law principle be transformed into domestic law through a constitutional
mechanism, such as local legislation. The incorporation method applies when, by mere
constitutional declaration, international law is deemed to have the force of domestic law
[Pharmaceutical and Health Care Association v. Duque, supra ]
c) The doctrine of incorporation is applied whenever municipal tribunals or local courts are
confronted with situations in which there appears to be a conflict between a rule of
international law and the provisions of the constitution or statute of the local state. Efforts
should first be exerted to harmonize them, so as to give effect to both. In a situation, however,
where the conflict is irreconcilable and a choice has to be made between a rule of
international law and municipal law, jurisprudence dictates that municipal law should be
upheld by the municipal courts. In Ichong v. Hernandez, 101 Phil 115, the reason given by the
Court was that the Retail Trade National Law was passed in the exercise of the police power
which cannot be bargained away through the medium of a treaty or a contract. In Gonzales v.
Hechanova, 9 SCRA 230 and In Re: Garcia, 2 SCRA 984, on the basis of separation of powers
and the rule-making powers of the Supreme Court, respectively. The high tribunal also noted
that courts are organs of municipal law and are accordingly bound by it in all circumstances.
d) However, as applied in most countries, the doctrine of incorporation dictates that rules of
international law are given equal standing with, and are not superior to, national legislative
enactments. Accordingly, the principle of lex posterior derogat priori takes effect. In states
where the constitution is the highest law of the land, such as the Republic of the Philippines,
both statutes and treaties may be invalidated if they are in conflict with the constitution
[Secretary of Justice v. Lantion, G.R. No. 139465, January 18, 2000, citing Salonga & Yap, Public
International Law, 1992ed.]. The same rule was applied in Philip Morris, Inc. v. Court of
Appeals, where the Supreme Court said that the fact that international law has been made
part of the law of the land does not by any means imply the primacy of international law over
national law in the municipal sphere.

D. Rearing of the Youth

Sec. 12. The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the mother and
the life of the unborn from conception. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of moral character shall receive the
support of the Government.

The right and duty referred to here is primary, not exclusive. The State as parens patriae has an
inherent right to aid parents in the moral development of the youth. Hence, the provision in the
RH Law mandating the teaching of age- and development-appropriate reproductive health
education is not per se unconstitutional; a ruling on its constitutionality would be premature
absent an actual curriculum formulated by the Dept. of Education. [Imbong v. Ochoa, G.R. No.
204819, Apr. 8, 2014, on the constitutionality of the RH Law]

Protection of the life of the mother and the life of the unborn from conception [Sec. 12, supra]
The question of when life begins is a scientific and medical issue that should not be decided [in
the RH petitions] without proper hearing and evidence. [Imbong v. Ochoa, supra]

Sec. 13. The State recognizes the vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the
youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

Vital role of youth in nation-building [Sec. 13]

E. Women
Sec. 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.

Role of women in nation-building [Sec. 14]

Fundamental equality before the law of women and men [Sec. 14, supra]

F. Social Justice

The classic definition of Social Justice is found in Calalang vs. Williams (Justice Laurel) [Isagani
p.114]

New provisions on Social Justice:

Sec. 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.

Sec. 10. The State shall promote social justice in all phases of national development.

Sec. 11. The State values the dignity of every human person and guarantees full respect for
human rights.

Sec. 18. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.

Sec. 21. The State shall promote comprehensive rural development and agrarian reform.
Promote a just and dynamic social order [Sec.9]
Promote social justice in all phases of national development [Sec. 10]
Personal dignity and human rights [Sec. 11]
Labor as a primary social economic force [Sec.18]
Comprehensive rural development and agrarian reform [Sec. 21]

G. Balanced Ecology

Sec. 16. The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.

Right to a balanced and healthful ecology [Sec.16, Oposa v. Factoran] (Bernas p.90)

SEC. 15. THE STATE SHALL PROTECT AND PROMOTE THE RIGHT
TO HEALTH OF THE PEOPLE AND INSTILL HEALTH CONSCIOUSNESS
AMONG THEM.

Right to health [Sec. 15, Imbong v. Ochoa, supra]

H. Separation of Church and State

Sec. 6. The separation of Church and State shall be inviolable.

1. Reinforced by:
a) Sec. 5, Art. Ill (Freedom of religion clause).
b) Sec. 2 (5), Art. IX-C (religious sect cannot be registered as political party).
c) Sec. 5 (2), Art. VI (no sectoral representative from the religious sector).
d) Sec. 29 (2), Art. VI (Prohibition against appropriation for sectarian benefit)

2. Exceptions:
a) Sec. 28 (3), Art. VI: (Churches, parsonages, etc., actually, directly and exclusively useq" for
religious purposes shall be exempt from taxation).
b) Sec. 29 (2), Art. VI: (Prohibition against appropriation for sectarian benefit, except when
priest, etc., is assigned to the armed forces, or to any penal institution or government orphanage
or leprosarium).
c) Sec. 3 (3), Art. XIV: (Optional religious instruction for public elementary and high school
students).
d) Sec. 4 (2), Art. XIV: (Filipino ownership requirement for educational institutions, except those
established by religious groups and mission boards).

I. Supremacy of Civilian Authority

Sec. 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the
State and the integrity of the national territory.

1. Read Sec. 18, Art. VII (Commander-in-Chief clause, ultimate power is his). [Isagani p.118]
2. See Alih v. Castro, 151 SCRA 279.

(5) Civilian supremacy [Sec. 3]

Civilian authority (Section 3, Article II) is not defeated in a joint task force between the PNP and
Marines for the enforcement of law and order in Metro Manila as long as control is left to the
PNP. [IBP v. Zamora (2000)]

(6) Role of the armed forces [Sec. 3, supra]

(a) Protector of the people and the State
(b) Secure the sovereignty of the State and the integrity of the national territory

J. Encouragement of non-governmental, community-based or Sectoral Organizations

Sec. 23. The State shall encourage nongovernmental, community-based, or sectoral
organizations that promote the welfare of the nation. [Nachura p. 87]

K. Local Autonomy
Sec. 25. The State shall ensure the autonomy of local governments
.
Read also Art. X. See Basco v. PAGCOR, 197 SCRA 52, where the Supreme Court saidthat local
autonomy under the 1987 Constitution simply means "decentralization", and does not make the
local governments sovereign within the State or an imperium in imperio.

L. Indigenous Cultural Communities

Sec. 22. The State recognizes and promotes the rights of indigenous cultural communities within
the framework of national unity and development.

Read also Sees. 5(2), Art. VI; Sec. 5, Art. XII; Sec. 17, Art. XIV.

M. Economy
Sec. 19. The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.

Sec. 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.

Self-reliant and independent economic order [Sec. 19, Art. II: "The State shall develop a self-
reliant and independent national economy effectively controlled by Filipinos." Sec. 20. Art. II:
"The State recognizes the indispensable role of the private sector, encourages private enterprise,
and provides incentives to needed investments."] Read also Art. XII.

In Tanada v. Angara, 272 SCRA 18, it was hejd that the World Trade Organization (WTO)
agreement does not violate Sec. 19, Art. II, nor Sees. 10 and 12, Art. XII, because the said
sections should be read and understood in relation to Sees. 1 and 13, Art. XII, which require the
pursuit of a trade policy that "serves the general welfare and utilizes all forms and arrangements
of exchange on the basis of equality and reciprocity". The provisions of Art. II are not intended to
be self-executing principles ready for enforcement through the courts. They do not embody
judicially enforceable rights, but guidelines for legislation. The reasons for denying cause of
action to an alleged infringement of broad constitutional principles are sourced from basic
considerations of due process and lack of judicial authority to wade into the uncharted ocean of
social and economic policy-making.

Sec. 21. The State shall promote comprehensive rural development and agrarian reform.

Read also Sees. 4-10, Art. XIII. See Association of Small Landowners of the Philippines v.
Secretary of Agrarian Reform, supra.

N. Honesty and Integrity in Public Service

Sec. 27. The State shall maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption.

O. Full Disclosure of All State Transactions Involving Public Interest

Sec. 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.

P. Equal Access to Opportunities for Public Service

Sec. 26. The State shall guarantee equal access to opportunities for public service and prohibit
political dynasties as may be defined by law.

Read also Sec.,13, Art. VII; Sees. 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.

The state policy against political dynasties is not self-executing. It does not provide a judicially
enforceable constitutional right but merely specifies a guideline for legislative or executive
action. [Belgica v. Ochoa, G.R. No. 208566, Nov. 19, 2013]

IX. SEPARATION OF POWERS

Legislation belongs to the Congress, implementation to the executive, and settlement of legal
controversies and adjudication of rights to the judiciary. Each is therefore prevented from
invading the domain of the others.

A. Purposes (Justice Laurel)

1. Secure action;
2. Forestall over-action;
3. Prevent despotism; and
4. Obtain efficiency.

NOTE: To prevent the concentration of authority in one person or group of persons that might
lead to
irreparable error or abuse in its exercise to the detriment of republican institutions. The purpose
was not to avoid friction, but, by means of the inevitable friction incident to the distribution of
governmental powers among the three departments, to save the people from autocracy.

Powers vested in the three branches of government

EXECUTIVE
enforcement or implementation of laws (Power of the sword)
LEGISLATIVE
enactment or making of laws (power of the purse)
JUDICIARY
application or interpretation of laws (Power of judicial review)

NOTE: Legislative power is given to the legislature whose members hold office for a fixed term
(Sec. 1, Art. VI); Executive power is given to a separate Executive who holds office for a fixed
term (Sec. 1, Art. VII); and Judicial power is held by an independent Judiciary. (Sec. 1, Art. VIII)

Principle of Blending of Powers

Refers to an instance when powers are not confined exclusively within one department but are
assigned to or shared by several departments.
EXAMPLES:
a. Power of appointment which can be exercised by each department and be rightfully exercised
by each department over its own administrative personnel;
b. General Appropriations Law – President prepares the budget which serves as the basis of the
bill adopted by Congress;
c. Amnesty granted by the President requires the concurrence of the majority of all the members
of the Congress; and
d. Power of the COMELEC to deputize lawenforcement agencies and instrumentalities of the
government for the purpose of ensuring free, orderly, honest, peaceful and credible elections in
accordance with the power granted to it by the Constitution to enforce and administer all laws
and regulations relative the conduct of elections.

B. Principles of Checks and Balances

Allows one department to resist encroachments
upon its prerogatives or to rectify mistakes or
excesses committed by the other departments. (p.19 PL reviewer)

Congressional oversight is not per se violative, but is integral, to separation of powers. However,
for a post-enactment congressional measure to be valid, it must be limited to:
(1) Scrutiny - Congress’ power of appropriation, i.e. budget hearings, and power of confirmation
(2) Investigation and monitoring of implementation of laws – using its power to conduct inquiries
in aid of legislation.

A legislative veto, i.e. statutory provision (which may take the form of a congressional oversight
committee) that requires the President or an agency to submit the proposed implementing rules
and regulations of a law to Congress for approval, is unconstitutional. It encroaches on:
(1) The executive - it allows Congress to take a direct role in the enforcement of its laws;
(2) The judiciary - administrative issuances enjoy a presumption of validity, and only the courts
may decide whether or not they conform to statutes or the Constitution.

C. Political Question Doctrine

Those questions which, under the Constitution, are to be decided by the people in their
sovereign capacity, or in regard to which full discretionary authority has been delegated to the
legislative or executive branch of the government.

Political Question Doctrine

The doctrine that the power of judicial review cannot be exercised when the issue is a political
question. It constitutes another limitation on such power of the judiciary.

Justiciable questions vs. Political questions

JUSTICIABLE QUESTIONS
Imply a given right legally demandable and enforceable, an act or omission violative of such
right, and a remedy granted and sanctioned by law for said breach of right.

POLITICAL QUESTIONS
It refers to those questions which, under the Constitution, are to be decided by the people in
their sovereign capacity, or in regard to which full discretionary authority has been delegated to
the legislative or executive branch of government
NOTE: political question doctrine has been limited by the 2nd paragraph, Sec. 1, Art. VIII,
particularly the portion which vests in the judiciary the power "to determine whether or not
there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part
of any branch or instrumentality of the Government".

X. DELEGATION OF POWERS

Principle of non-delegation of powers: Delegata potestas non potest delegari

GR: A delegated power cannot be re-delegated.
based on the ethical principle that delegated power constitutes not only a right but a duty to be
performed by the delegate through the instrumentality of his own judgment and not through
the intervening mind of another.

A. Permissible Deligation

XPNs: Permissible delegations: (PETAL)

1. Delegation to the People at large through initiative and referendum. (Art. VI, Sec. 1)
2. Emergency powers delegated by Congress to the President. [Art. VI, Sec. 23(2)]

Requisites:
a. There must be war or other national emergency;
b. The delegation is for a limited period only;
c. Delegation is subject to restrictions as Congress may prescribe; and
d. Emergency powers must be exercised to carry a national policy declared by Congress.

3. Congress may delegate Tariff powers to the President [, Art. VI, Sec. 28 (2)]

NOTE: The Tariff and Customs Code is the enabling law that grants such powers to the President.
Power to impose tariffs in the first place is not inherent in the President but arises only from
congressional grant.

4. Delegation to Administrative bodies– Also known as the power of subordinate legislation/

quasilegislative powers.

NOTE: Congress can only delegate rule-making power to administrative agencies. It is the
authority vested by Congress to the administrative bodies to “fill in the details” which Congress
cannot provide due to lack of opportunity or competence. This includes the making of
supplementary rules and regulations. They have the force and effect of law.

5. Delegation to Local Governments – the grant of authority to prescribe local regulations.

Tests to determine whether the delegation of legislative power is valid

a. Completeness Test – The law must be complete in all essential terms and conditions when it
leaves the legislature so that there will be nothing left for the delegate to do when it reaches him
except to enforce it.
b. Sufficient Standard Test – sufficient standard is intended to map out the boundaries of the
delegate's authority by defining the legislative policy and indicating the circumstances under
which it is to be pursued and effected. This is intended to prevent a total transference of
legislative power from the legislature to the delegate. The standard is usually indicated in the
law delegating legislative power.

NOTE: The Sufficient Standard Test maps out the boundaries of the delegate’s authority and
indicating the circumstances under which it is to be pursued and effected. Its purpose is to
prevent total transference of legislative power.

Invalid delegation of legislative power

If there are gaps that will prevent its enforcement, the delegate is given the opportunity to step
into the shoes of the legislature and exercise discretion in order to repair the omissions.

NOTE: This is tantamount to an abdication of power in favor of the delegate, which is in violation
of the doctrine of separation of powers.