Declaration Of Principles And State Policies 711619

DECLARATION OF PRINCIPLES AND STATE POLICIES (Art. II)

ARTICLE II

• International law is the body of laws governing nations in their dealings with one another

DECLARATION OF PRINCIPLES AND STATE POLICIES Declaration of Principles and State Policies - statement of the basic ideological principles and policies that underlie the Constitution. The provisions shed light on the meaning of the other provisions of the Constitution and they are a guide for all departments of the government in the implementation of the Constitution.  They were rather directives addressed to the executive and to the legislature.  If the executive and the legislature failed to heed the directives of the article, the available remedy was not judicial but political. Principles - binding rules which must be observed in the conduct of government (1-6)  Not all 6 principles are self-executory ready for enforcement through the courts.

What elements of international law become part of Phil. law by incorporation through Art. II, Sec. 2? - in the absence of the guiding direction of treaties or statues, the process of selecting what these accepted principles are will have to be done by the courts. 3) adherence to policy of peace, freedom, amity  the decision whether to establish or not to establish such relations remains a policy question addressed to the discretion of the political departments.

Section 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.

Policies - guidelines for the orientation of the state (7-28) Some policies already anchor justiciable rights. Kilosbayan v. Morato - read Sec 5, 12, 14, and 17 as mere “guidelines” which do not yet confer rights enforceable by courts but recognized Section 16 as a right-conferring provision because it speaks of “the right of the people

PRINCIPLES Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. Abraham Lincoln said: “a government of the people, by the people, for the people.”  A gov't republican in form is one where sovereignty resides in the people and where all gov't authority emanates from the people. Sovereignty – is the supreme power to govern – It lies in the hands of the Filipino people who have the right to choose the type of government they want and to define the powers it shall hold and exercise. 1. Sovereignty is exercised indirectly a) Through public officials elected by the people b) Officials appointed by the elected officials 2. Sovereignty is exercised directly – Suffrage [e.g., Article 5 1987 Constitution]

Section 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. 1) Renunciation of war • This declaration means that the Philippines shall never engage in war where it is the aggressor. • However, it has the right to engage in war to defend its honor and integrity as a nation against any foreign enemy

2) adoption of the principles of international law • Philippines is bound to enforce accepted principles of international law

• The President is the commander-in-chief of the armed forces of the Philippines, – the army, the navy, the air force, and the marines – The appointment of the high ranking officials is vested in the President

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

STATE POLICIES Section 7. 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 self-determination.

NATIONAL INTEREST - Refers to the goals of promoting social justice, the general welfare, the pursuit of the goals of the national economy for economic conservation, growth and development NATIONAL SOVEIGNTY - The supreme authority of the people; implies the emanation of all government authority from them. TERRITORIAL INTEGRTY - Keeping intact and free from foreign encroachment the entire domain of the State especially in the conservation and development of the natural resources.

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. REQUIREMENT - Consistency with national interest. It is up for the President and Senate to decide exceptions insofar as foreign relations involve the national defense or security or the national interest.

Section 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. Dynamic Social Order - A society that is progressively improving and developing and sharing with its with the fruits of improvements and development. Just Social Order - Approximates equality and promotes the right of everyone:1. To live with decency;2. To live with contentment. Social Justice - The promotion of the welfare of the people, the adoption by the government of measures calculated to ensure economic stability of all components of the society. Social Justice -- the humanization of laws and the equalization of the social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated Social Justice Follows the principle ´Salus populi est suprema lex. meaning ´the good of the people is the supreme law. Follows Pres. Magsaysay·s view the ´those who have less in life should have more in the law.

Section 10. The State shall promote social justice in all phases of national development. SOCIAL JUSTICE – equalization of economic, political, and social opportunities with special emphasis on the duty of the state to tilt the balance of social forces by favouring the disadvantaged in life • Common tao, PREFERENTIAL OPTION FOR THE POOR • Tondo Medical Center Employees v. CA o HEALTH SECTOR REFORM AGENDA (HSRA)= Making free medicine and free medical s e r v i c e s i n a c c e s s i b l e to e c o n o m i c a l l y disadvantaged principles o Petitioners requests that HRSA declared VOID because it counters to the aspiration a n d i d e a l s o f t h e F i l i p i n o p e o p l e a s embodied in the Constitution o “As a general rule, provisions of the c o n s t i t u t i o n a r e c o n s i d e r e d S E L F - EXECUTING a n d d o n o t re q u i re fu t u re legislation for their enforcement. For if they a r e n o t t re a te d a s s e l f e x e c u t i n g , t h e mandate of the fundamental law can be easily nullified by the inaction of congress. However, some provisions have already been categorically declared by this court as non-self executing” o TANADA V. ANGARA – “These principles in Art II are NOT intended to be self-executing principles ready for enforcement thru the courts. They are used by the judiciary asaids or guides in the exercise of its power of judicial review, and by the legislature in its enactment of laws” NON-SELF EXECUTIN: 5 (church and state), 9 (promote dynamic social order), 10 (social justice), 11(dignity), 12 (sanctity of family life), 15 (right of health), 18 (labor) o BASCO V. PAGCOR – Sec 11 (dignity), 12 (sanctity of family life) and 13 (youth) of Art II ARE NOT SELFEXECUTING PROVISIONS. These cannot give rise to a cause of action in the courts. They do not embody judicially enforceable consti right

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

Section 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 of the Government. 2 points on the legal meaning and purpose of the protection that is guaranteed for the unborn: o 1. THIS IS NOT AN ASSERTION THAT THEUNBORN IS A LEGAL PERSON o THIS IS NOT AN ASSERTION THAT THE LIFEOF THE UNBORN IS PLACED EXACTLY ON T H E L E V E L T O S A V E T H E L I F E O F T H E MOTHER o When the life of the mother needs to be saved, the unborn can be sacrificed but not merely when the purpose is to save the mother from emotional suffering

Section 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. As to the education of children, the rights of the State and parents are delineated, as the primary right belongs to the parents and affirms the secondary and ive role of the state. • The State, as parens patriae, may step in when a natural parent cannot or fails to cope with the duties of raising his or her children

Section 14. The State recognizes the role of women in nationbuilding, and shall ensure the fundamental equality before the law of women and men. Fundamental equality between men and women before the law • The provision is worded as not to dislocate the Civil Code and the jurisprudence on the subject. What it does is to give impetus to the removal, through statutes, of existing inequalities. The general idea is for the law to ignore gender in determining rights and duties

Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. Section 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. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm a n d h a rm o n y o f n a t u re . T h i s p r o v i s i o n re c o g n i z e s a n enforceable right. This is illustrated in the following cases. Oposa v. Factoran • The subject matter of the complaint is the general i n t e re s t o f a l l c i t i z e n s o f t he P h i l i p p i ne s . The petitioner minors assert that they represent their generation and the generations yet unknown. Their personality to sue in behalf of succeeding generations is based on the concept o f intergenerational responsibility. Every generation has a responsibility to the next to preserve the rhythm and harmony for the full enjoyment of a balanced ecology. • Intergenerational responsibility and justice • Minors: 1) cancel all existing timber license agreements in the country and 2) cease and desist from

receiving, accepting, renewing, or approving new timber license agreements Laguna Lake De velopme nt Authority v. Court o f Appeals • Some residents near the dumpsite in Caloocan were concerned about pollution. The LLDA issued a cease and desist order because of its harmful effects on the residents and the possible pollution to the receiving streams. The Court upheld the LLDA ruling.

Section 17. 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. Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. This is a guide for interpreting provisions on the national economy and patrimony • Any doubt must be resolved in favour of self-reliance and independence in favour of Filipinos Garcia vs Board of Investments • Transfer of the petrochemical plant in Bataan to Batangas • Taiwanese want to transfer the site to Batangas because of employment issues. • Issue: WON the foreign investor has the right of final choice of plant site • B O I c o m m i t te d a g r a v e a b u s e o f d i s c re t i o n i n approving the transfer of the petrochemical plant from Bataan to Batangas and authoring change of feedstock from naptha oly naptha and LPG for the main reason that the final say is in the investor all other circumstances to the contrary notwithstanding • Consti = NATIONAL INTEREST

Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. Section 21. The State shall promote comprehensive rural development and agrarian reform. Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation. Section 24. The State recognizes the vital communication and information in nation-building.

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Section 25. The State shall ensure the autonomy of local governments. Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law. * The establishment of MONOPILIZING argument that the DECIDE is not

of political dynasties is an effective way and PERPETUATING power. BUT the ELECTORATE should be LEFT FREE TO without VALIDITY.*The meaning of

POLITICAL DYNASTIES has been left for CONGRESS to define: DEAN BAU: POLITICAL DYNASTIES still has no definition to date. The question is “are the principles CORRECT and can they be IMPLEMENTED?” A. Pamatong v. Comelec – article is not self-executing Facts: PETITIONER Rev. Ely Pamatong filed his Certificate of Candidacy. The COMELEC refused to give due course to the PETITIONER'S Certificate of Candidacy. PETITIONER sought to reverse the resolutions which were allegedly rendered inviolation of his right to “equal access to opportunities for public service” under Sec. 26, Art. II. Issue: Whether denial of PETITIONER to run for the presidencyviolative of his right to “equal access to opportunities for public service” under Sec. 26, Art. II. Held: No. The provision is not intended to compel the state to enact positive measures that would accommodate AS MANYPEOPLE AS POSSIBLE into public office. There is no CONSTITUTIONAL RIGHT to run for or hold public office. What is recognized is merely a privilege subject to LIMITATIONS imposed by law. So m e valid l i m i t a t i o n s specifically on the privilege to seek elective office are found in the provisions of the OMNIBUS ELECTION CODE on “NUISANCECANDIDATES” and COMELEC Resolution No. 6452, wherein the COMELEC may motu proprio refuse to give due course to or cancel a Certificate of Candidacy

Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. Art. XI Sec. 1. PUBLIC OFFICE is a PUBLIC TRUST. Public officers and employees must at all times be ABLE to t h e people , s e rv e th e m with utmost R ES P O N S I B I LI T Y , INTEGRITY, LOYALTY, AND EFFICIENCY, act with PATRIOTISM and JUSTICE, and lead MODEST lives. The provisions of Art. XI are designed e x a c t ABILITY from public officers

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Section 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. Art. III Sec. 7. The right of the people to information on matters of PUBLIC CONCERN shall be recognized. Access to O F F I C I A L R EC O R D S , a nd t o D O C UM EN T S , a n d P A P ER S pertaining to OFFICIAL ACTS, TRANSACTIONS, or DECISIONS, as well as to GOVERNMENT RESEARCH DATA used as basis for policy development, shall be afforded the citizen, subject to such LIMITATIONS as may be provided by law. e.g. Subido v. Ozaeta (Pre-1973 Case): Facts: The press wanted to examine the records of the of Deeds. Issue: Whether the press, and for that matter, the public had a CONSTITUTIONAL RIGHT to demand the examination of PUBLIC LAND records. Held: The press had a STATUTORY RIGHT to examine the records of the of Deeds because the interest of the press was REAL and ADEQUATE. Note: However, THE COURT said: We do not believe that the CONSTITUTIONAL RIGHT to FREEDOM OF SPEECH is in anyway involved (in this case). Freedom of information and f r e e d o m t o o b ta i n i n f o r m a t i o n f o r p u b l i c a t i o n i s N O T GUARANTEED by the constitution. 1 9 7 3 C o n s t i t u t i o n : We n t b e y o nd t he S u b i d o c a s e : recognized the right of access to public documents and records as a SELF-EXECUTORY CONSTITUTIONAL RIGHT. P r e s e r v e d b y t h e 1 9 8 7 C o n s t i w i t h t h e a d d i t i o n o f “government research data” as a reaction to the government practice during the Marcos regime of withholding such data from the public. Also determined in Chavez is the extent to which the public has a right to information about the efforts of government through the PCGG to recover ILLEGALLY OBTAINED WEALTH. THE COURT: It is

incumbent upon the PCGG to disclose sufficient public information...such information, though, must pertain to DEFINITE PROPOSITIONS...not to communications during the stage when common assertions are still IN THEPROCESS of being formulated. Gonzales v. Narvasa: Issue: Whether the Executive Secretary, upon petition of a citizen, may be ordered to give access to the names of executive officials holding multiple positions in government, copies of their appointments, and the list of the recipients of luxury vehicles seized by the BOC. Held: THE COURT: The information is of public concern BUT called attention to the limitations on the right found in R.A. No. 6713 the “Code of Conduct and Ethical Standards for Public Officials and Employees”, which provides that in the performance of their duties, all public officials and employees are obliged to respond to letters sent by the PUBLIC within 15working days... Lantaco, Sr. v. Llamas: THE COURT: While the public officers in custody or control of public records have the discretion to R E G U L A T E , s u c h d i s c re t i o n d o e s n o t c a r r y w i t h i t t h e AUTHORITY TO PROHIBIT access, inspection, examination or copying. GSIS: In granting loans, exercises a PROPRIETARY FUNCTION does not justify the exclusion of the transactions from the coverage and scope of the RIGHT TO INFORMATION. As a g o v e r n m e n t i n s t i tu t i o n , i t m a y b e c o m p e l l e d t o s h o w documents evidencing BEHEST LOANS even if they are proprietary in nature. COMELEC: The refusal of the COMELEC to reveal the names of the nominees for party-list seats violates the right of the people to information on matters of PUBLIC CONCERN