A. Preamble
A. Preamble
A. Preamble
3. enumerates the primary aims and aspirations of the framers; and serves as an aid in the construction of the
Constitution. -
B. Republicanism
[Sec. 1. Art. II: The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority
emanates from them].
Essential features:
a. representation
b. renovation.
Manifestations.
a) Ours is a government of laws and not of men [Villavicencio v. Lukban, 39Phil 778].
f) Separation of powers.
i) Purpose: To prevent concentration of authority in one person orgroup of persons that might lead to an irreversible
error or abuse in its exercise tothe detriment of republican institutions.
Application: Not doctrinaire nor with pedantic rigor; not independence butinterdependence
Principle of Blending of Powers
Instances when powers are not confined exclusively within one department but are assigned to or shared by several
allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other
departments, e.g., veto power of the President as check on improvident legislation, etc..
includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable
and enforceable, and 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.
Angara v. Electoral Commission
when the court mediates to allocate constitutional boundaries or invalidates the acts of a coordinate body, what it upholds is not itsown
superiority but the supremacy of the Constitution
The first and safest criterion to determine whether a given power has been validly exercised by a particular department is whether or not
the power has been constitutionally conferred upon the department claiming its exercise since the conferment is usually done expressly.
However, even in the absence of express conferment, the exercise of the power may be justified under the doctrine of necessary
implication grant of an express power carries with it all other powers that may be reasonably inferred from it. Note also that there are
powers which although not expressly conferred nor implied therefrom, are inherent or incidental, e.g., the Presidents power to deport
undesirable aliens which may be exercised independently of constitutional or statutory authority, because it is an act of State.
Marcos v. Manglapus
justified theaction of President Aquino in banning the return of the Marcoses to the Philippines on the basis of the Presidents
residual powers.
Political and justiciable questions
Delegation of Powers
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.
Permissible delegation:
The Tariff and Customs Code grants such stand-by powers to the President
Araneta v. Dinglasan
Presidents authority to declare a state of emergency VS to exercise emergency powers.
Delegation to the People (Sec. 32, Art. VI; Sec. 10, Art. X; Sec. 2, Art. XVII; Republic Act 6735)
i. Under the 1987 Constitution, there are specific provisions where the people
have reserved to themselves the function of legislation.
Plebiscite is the electoral process by which an initiative on the Constitution is approved or rejected
by the people [Sec. 2 (c) and (e), Republic Act No. 6735].
Delegation to local government Such legislation (by local governments) is not regarded as a transfer of general legislative
units power, but rather as the grant of the authority to prescribe local regulations, according to
(See: R.A. 7160 immemorial practice, subject, of course, to the interposition of the superior in cases of
necessity
recognizes the fact that local legislatures are more knowledgeable than the national
lawmaking body on matters of purely local concern, and are in a better position to enact
appropriate legislative measures thereon.
Delegation to Administrative
Bodies
iie)
POEA, 243 SCRA 666, POEA Governing Board Resolution No. 01-94, increasing
and adjusting the rates of compensation and other benefits in the Standard
Orbos, supra., it was held that there was no undue delegation of legislative power
See also: Tablarin v. Gutierrez, 152 SCRA 730; Eastern Shipping v. POEA, 166
SCRA 533. But in Kilusang Mayo Uno Labor Center v. Garcia, supra., the authority
given by LTFRB to provincial bus operators to set a fare range over and above the
existing authorized fare was held to be illegal for being an undue delegation of
power.
(Quezon) v. Mendez, 239 SCRA 11, E.O 353 creating the Municipal
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Constitutional Law 79
District of San Andres in 1959 was not declared unconstitutional because it was
only after almost 30 years that the legality of the executive order was challenged;
throughout its 30 years of existence, the municipal district had exercised the
powers and authority of a duly created local government institution, and the State
had, at various times, recognized its continued existence. Likewise, the Pe/aez
ruling was not applied in Municipality of Candihay, Bohol v. Court of Appeals, 251
SCRA 530, because the municipality had been in existence for 16 years before the
Pe/aez ruling was promulgated, and various governmental acts throughout the
years all indicate the States recognition and acknowledgment of the existence of
265 SCRA 182, not only was the Municipality of Sinacaban in existence for 16
years before the Pe/aez ruling, but that even the State and the Municipality of
Jimenez itself had recognized Sinacabans corporate existence (by entering into
iii) Tests for valid delegation: Both of the following tests are to be
Energy, supra.]:
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. See
map out the boundaries of the delegates authority by defining the legislative policy
and indicating the circumstances under which it is to be pursued and effected. This
to the delegate. The standard is usually indicated in the law delegating legislative
power. See Ynot v. Intermediate Appellate Court, supra.; de la Liana v. Alba, 112
SCRA 294; Demetria v. Alba, 148 SCRA 208; Lozano v. Martinez, 146 SCRA 323.
Region of Muslim Mindanao, in Chiongbian v. Orbos, 245 SCRA 253, the Court
said that the legislative standard need not be expressed, it may simply be gathered
80 Constitutional Law
the law challenged, because it may be found in other statutes on the same subject.
In this case, the standard was found in R.A. 5435 on the power of the President to
enable it to pursue programs consistent with national goals for accelerated social
even as the Supreme Court found that R.A. 8180 contained sufficient standards
for the delegation of power to the President to advance the date of full deregulation
(of the oil industry), Executive Order No. 392 constituted a misapplication of R.A.
8180, because the President rewrote the standards set forth in the law when he
July 17, 2007, the Court held that the EPIRA, read and appreciated in its entirety,
in relation to Sec. 34 thereof, is complete in all its essential terms and conditions,
and that it contains sufficient standards. Provisions of the EPIRA such as, among
others, to ensure the total electrification of the country and the quality, reliability,
C. The Incorporation Clause [Sec. 2. Art. II: The Philippines renounces war as an
international law as part of the law of the land, and adheres to the policy of peace,
1. Read along with the Preamble; Secs. 7 & 8 (independent foreign policy
and nuclear-free Philippines), Art. II; and Sec. 25 (expiration of bases agreement),
Art. XVIII.
right to go to war;
of national policy.
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Constitutional Law 81
the rules of international law in a number of cases even if such rules had not
accepted principles of international law are automatically part of our own laws. See
Kuroda v. Jalandoni, 42 O.G. 4282; Kim Chan v. Valdez Tan Keh, 75 Phil 113.
to norms of general or customary international law which are binding on all states,
a persons right to life, liberty and due process, and pacta sunt servanda
b) Under the 1987 Constitution, international law can become part of the
international law is deemed to have the force of domestic law [Pharmaceutical and
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
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
Gonzales v. Hechanova, 9 SCRA 230 and In Re: Garcia, 2 SCRA 984, on the basis
respectively. The high tribunal also noted that courts are organs of municipal law
dictates that rules of international law are given equal standing with, and are
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82 Constitutional Law
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, 1992 ed.]. 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
infra..
D. Civilian Supremacy fSec. 3. Art. II: 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"].
E. Duty of Government; people to defend the State fSec. 4. Art. II: 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
civil service. Sec. 5. Art. II: The maintenance of peace and order, the protection
of life, liberty and property, and the promotion of the general welfare are essential
1. Read Secs. 4 & 5, Art. XVI (Armed Forces of the Philippines provisions).
property right. Neither does it create a vested right. Even if it were a property right,
The maintenance of peace and order, and the protection of the people against
violence are constitutional duties of the State, and the right to bear arms is to be
Constitutional Law 83
a) The first real firearms law is Act No. 1780, enacted by the Philippine
P.D. 1856, which was amended by R.A. 8294. Being a mere statutory creation,
F. Separation of Church and State fSec. 6. Art. II: The separation of Church
1. Reinforced by:
political party).
sectarian benefit)
2. Exceptions:
and exclusively used for religious purposes shall be exempt from taxation).
benefit, except when priest, etc., is assigned to the armed forces, or to any penal
II: The State shall pursue an independent foreign policy. In its relations with other
84 Constitutional Law
8, Art. II: The Philippines, consistent with the national interest, adopts and
3. In Lim v. Executive Secretary, G.R. No. 151445, April 11, 2002, the
Supreme Court said that these provisions, along with Sec. 2, Art. II, Sec. 21, Art.
VII, and Sec. 26, Art. XVIII, betray a marked antipathy towards foreign military
H. Just and dynamic social order fSec. 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
1. Read Preamble.
/. Promotion of Social Justice fSec. 10. Art. II: The State shall promote social
J. Respect for human dignity and human rights fSec. 11. Art. II: The State
values the dignity of every human person and guarantees full respect for human
K. Family and youth fSec. 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
1. Read also Art. XV and Art. 52, Civil Code. See Meyer v. Nebraska,
263 U.S. 393; Pierce v. Society of Sisters, 266 U.S. 510; Cabanas v.
Constitutional Law 85
2. R.A. 7610, which penalizes child prostitution and other sexual abuses,
was enacted in consonance with the policy of the State to provide special
protection to children from all forms of abuse; thus, the Court grants the victim full
vindication and protection granted under the law [People v. Larin, G.R. No.
L. Fundamental equality of men and women fSec. 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.
Commission, G.R. No. 118978, May 23, 1997, the Supreme Court held that the
woman worker who contracts marriage, runs afoul of the test of, and the right
against, discrimination, which is guaranteed all women workers under the
requirements of the job would demand the same, discrimination against married
M. Promotion of health and ecology fSec. 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
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
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
N. Priority to education, science, technology, etc. fSec. 17. Art. II: The
State shall give priority to education, science and technology, arts, culture and
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86 Constitutional Law
promote total human liberation and development."] Read also Sec. 2, Art.
XIV.
770, the Court said that the requirement that a school must first obtain government
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
Academic freedom, infra.] See also Villarv. TIP, 135 SCRA 706; Tablarin v.
Gutierrez, 152 SCRA 730.
Enriquez, supra., it was held that Sec. 5, Art. XIV, which provides for the highest
national interest and the attainment of other state policies and objectives.
3. While it is true that this Court has upheld the constitutional right of every
equitable admission and academic requirements, the exercise of this right may be
regulated pursuant to the police power of the State to safeguard health, morals,
peace, education, order, safety and general welfare. Thus, persons who desire to
order to protect the public from the potentially deadly effects of incompetence and
O. Protection to labor rSec. 18. Art. II: The State affirms labor as a primary social
economic force. It shall protect the rights of workers and promote their welfare.]
Read also Sec. 8, Art. Ill; Sec. 2(5), Art. IX-B; Sec. 3, Art. XIII. 1
SCRA 319, the Supreme Court said that obviously, protection to labor
does not indicate promotion of employment alone. Under the welfare and
constitutional duty to
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Constitutional Law 87
all, decent, just and humane. It is bad enough that the country has to send its sons
and daughters to strange lands, because it cannot satisfy their employment needs
at home. Under these circumstances, the Government is duty bound to provide
them adequate protection, personally and economically, while away from home.
2. In Bernardo v. NLRC, G.R. No. 122917, July 12, 1999, the Supreme Court
held that the Magna Carta for Disabled Persons mandates that qualified disabled
able-bodied employees; thus, once they have attained the status of regular
workers, they should be accorded all the benefits granted by law, notwithstanding
written or verbal contracts to the contrary. This treatment is rooted not merely in
P. Self-reliant and independent economic order [Sec. 19. Art. II: The State shall
Filipinos. Sec. 20. Art. II: The State recognizes the indispensable role of the
1. In Tanada v. Angara, 272 SCRA 18, it was held that the World Trade
Organization (WTO) agreement does not violate Sec. 19, Art. II, nor Secs. 10 and
12, Art. XII, because the said sections should be read and understood in relation
to Secs. 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
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.
2
Coconut Authority, G.R. No. 110526, February 10, 1998, the Supreme
88 Constitutional Law
and Pesticide Authority. I n Pharmaceutical and Health Care Association of the
Philippines v. Duque, G.R. No. 173034, October 9, 2007, the Court held that free
enterprise does not call for the removal of protective regulations. It must be clearly
Q. Land Reform rSec. 21. Art. II: The State shall promote comprehensive rural
development and agrarian reform. ] Read also Secs. 4-10, Art. XIII. See
Reform, supra.
R. Indigenous cultural communities fSec. 22. Art. II: The State recognizes
and promotes the rights of indigenous cultural communities within the framework
of national unity and development.] Read also Secs. 5(2), Art. VI; Sec. 5, Art. XII;
S. Independent peoples organizations FSec. 23. Art. II: The State shall
promote the welfare of the nation.] Read also Secs. 15-16, Art. XIII.
Read also Secs. 10-11, Art. XVI; Sec. 23, Art. XVIII.
U. Autonomy of local governments rSec. 25. Art. II: The State shall ensure
the autonomy of local governments.] Read also Art. X. See Basco v. PAGCOR,
197 SCRA 52, where the Supreme Court said that local autonomy under the 1987
Constitution simply means decentralization, and does not make the local
Supreme Court said that the basic relationship between the national
legislature and the local government units has not been enfeebled by the
Constitutional Law 89
power to grant still includes the power to withhold or recall. True there are notable
units of the power to tax [Sec. 5, Art. X], which cannot now be withdrawn by mere
statute. By and large, however, the national legislature is still the principal of local
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
to local government units, the exercise of local autonomy remains subject to the
2002].
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
a patent nullity, because it violates the principle of local autonomy, as well as the
V. Equal access of opportunities for public service fSec. 26. Art. II: The
State shall guarantee equal access of opportunities for public service, and prohibit
political dynasties as may be defined by law.] Read also Sec. 13, Art. VII; Secs.
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
W. Honest public service and full public disclosure fSec. 27. Art. II: The
State shall maintain honesty and integrity in the public service and take positive
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90 Constitutional Law
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