PREAMBLE

1935 Constitution 1973 Constitution 1987 Constitution

The Filipino people,
Imploring the aid of
Divine Providence,
in order to establish a government
that shall embody their ideals,
conserve and develop the
patrimony of the nation,
and secure to themselves
and their posterity
the blessings of independence
under a regime of
justice, liberty, and democracy,
do ordain and promulgate
this Constitution
53 words
We, the sovereign Filipino people,
Imploring the aid of
Divine Providence
in order to establish a government
that shall embody our ideals,
promote the general welfare,
conserve and develop our patrimony,
and secure to ourselves
and our posterity
the blessings of democracy
under a regime of
justice, peace, liberty, and equality,
do ordain and promulgate
this Constitution
57 words
We, the sovereign Filipino people,
Imploring the aid of
Almighty God
in order to build a just
and humane society
and establish a government that
shall embody our ideals and
aspirations,
promote the common good,
conserve and develop our patrimony,
and secure to ourselves
and our posterity
the blessings of independence
and democracy
under the rule of law and a regime of
truth, justice, freedom, love, equality
and peace,
do ordain and promulgate
this Constitution
75 words

PREAMBLE Other General Principles and Policies

DEFINITION
1) express – ideals and aspirations of Filipino
people; and
2) provides basis – for crafting provisions that
will achieve its purposes.
NATURE
1) not a governmental power;
2) not a source of substantive rights;
3) does not impose duties.
FUNCTIONS
1) indicates authors of the Constitution
– “We the sovereign Filipino People”;
2) enumerates aims and aspirations of
framers
–“to build a just and humane society, promote
common good, etc.”
3) Serves as aid in the interpretation of text
of the Constitution
– preamble to the Constitution Act was cited
by SC of Canada to include guarantees to
judicial independence
PRINCIPLES
Purpose
a) enunciates political creed of the nation;
b) guides legislature in enacting laws;
c) aids the Courts in its exercise of judicial review.
Art. XIII
- Social Justice Labor, Urban Land Reform and
Housing, Health, Women, Role and Rights of
People’s Organizations, and Human Rights;
Art. XIV
- Education, Language, Science and Technology, Arts
and Culture, Sports;
Art. XV
- Social Justice Labor, Urban Land Reform and
Housing, Health, Women, Role and Rights of
People’s Organizations, and Human Rights;
1935 CONSTITUTION
Art. II, Declaration of Principles
Sec. 1 The Philippines is a republican state.
Sovereignty resides in the people and all Republicanism
government authority emanates from
them.
The defense of the State is the prime
Sec. 2
Defense of the
duty of government, and in the
fulfillment of this duty all citizens may State
be required by law to render personal
military.
The Philippines renounces war as an
Sec. 3
instrument of national policy and adopts Incorporation
the generally accepted principles of Clause
international law as part of the law of
the Nation.
The natural right and duty of parents in
Sec. 4 Rearing of the
the rearing of the youth for civic
efficiency should receive the aid and Youth
support of the government.

ARTICLE II The promotion of social justice to insure

Sec. 5
the well-being and economic security of
6 Principles (Sections 1-6) all the people should be the concern of
Social Justice
22 State Policies (Sections 7-28) the State.
 1975 CONSTITUTION
Art. II, Declaration of Principles
The Philippines is a republican state.
Sec. 1
Sovereignty resides in the people and Republicanism
all government authority emanates
from them.
The defense of the State is the prime
Sec. 2
duty of government and the people, Defense of the
and in the fulfillment of this duty all State
citizens may be required by law to
render personal military.
The Philippines renounces war as an
Sec. 3
instrument of national policy and
adopts the generally accepted
Incorporation
principles of international law as part
Clause
of the law of the land, and adheres to
the policy of peace, equality, justice,
freedom, cooperation, and amity with
all nations.
The State shall strengthen the family
Sec. 4
as a basic social institution. The
natural right and duty of parents in
Family
the rearing of the youth for civic
efficiency and the development of
moral characters shall receive the aid
and support of the government.
The State recognizes the vital role of
Sec. 5
the youth in nation-building and shall Youth
promote their, physical, intellectual,
and social well-being.
The State shall promote social justice
Sec. 6
to ensure the dignity, welfare and
security of all the people. Toward this
end, the State shall regulate the Social Justice
acquisition, ownership, use,
enjoyment, and disposition of private
property, and equitably diffuse
property ownership and profits.
Sec. 7
The State shall establish, maintain,
and ensure adequate social services in
the field of education, health, housing,
Social Services
employment, welfare, and social
security to guarantee the enjoyment
by the people of a decent standard of
living.
Sec. 8 Civilian authority is at all times Civilian
supreme over the military. Supremacy
The State shall afford protection to
Sec. 9
labor, promote full employment and
equality in employment, ensure equal
work opportunities regardless of sex,
race, or creed, and regulate the
relations between workers and Labor
employers. The State shall assure the
rights of workers to self-organization,
collective bargaining, security of
tenure, and just and humane
conditions of work the State may
provide for compulsory arbitration.
The State shall guarantee and
Sec. 10
promote the autonomy of local Local
government units, especially the
Autonomy
barrio, to ensure their fullest
development as self-reliant
communities.
1987 CONSTITUTION
Art. II, Declaration of Principles and State Policies
The Philippines is a democratic and
Sec. 1
republican state. Sovereignty resides in Republicanism
the people and all government authority
emanates from them.
The Philippines renounces war as an
Sec. 2
instrument of national policy, adopts the
generally accepted principles of Incorporation
international law as part of the law of Clause
the land and adheres to the policy of
peace, equality, justice, freedom,
cooperation, and amity with all nations.
Civilian
Civilian authority is at all times supreme
Sec. 3
over the military. Supremacy
The prime duty of the Government is to
Sec. 4
serve and protect the people. The
Defense of the
Government may call upon the people to
defend the State, and, in the fulfillment State
thereof, all citizens may be required,
under conditions provided by law, to
render personal military or civil service.
The maintenance of peace and order, the
Sec. 5 protection of life, liberty, and property,
and the promotion of the general Social Justice
welfare are essential for the enjoyment
by all the people of the blessings of
democracy.
The separation of the Church and State
Sec. 6 Separation
shall be inviolable.
FUNDAMENTAL POLICIES
SECTION 1
“The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government
authority emanates from them.”
Purpose
1) establishes republican form of government;
2) manifests our aversion to autocratic rule or
totalitarian regime.
Republican Government
1) run by the people through their chosen
representatives;
2) who, in turn, are accountable to the will of the
people
Manifestations of Republicanism
a) government of laws and not of men
b) rule of the majority (plurality in elections)
c) accountability of public officials
d) bill of rights
e) proscription against passage of irrepealable
laws
f) separation of powers
VILLAVICENCIO v. LUKBAN
39 Phil. 778
FACTS:
Manila Mayor – in 1918, exiled to Davao 170 women of ill-
repute to protect the morals and health of the people.
Zacarias Villavicencio, et al. – relatives of the women filed
habeas corpus to the Supreme Court.
Mayor Lukban – tried to justify his actions by his intention
to suppress prostitution.
Supreme Court – directed Lukban to show by authority of
what law did he presume to act in deporting by duress
these persons from Manila to another distant locality
within the Philippine Islands.
HELD:
a. The Supreme Court voided Mayor Lukban’s act, there
being no showing that it had been authorized by law
or even an ordinance. “Ours is a government of laws
and not of men.”
b. His intention to suppress the social evil was
commendable. His methods were unlawful.
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.”
3 ASPECTS
1. renunciation of war
– war of aggression
2. incorporation clause
– membership in family of nations
a) generally accepted principles of
international law automatically forms
part of the laws of member State;
b) pacta sunt servanda
– agreements should be observed in good
faith.
3. amity with nation
– friendly relations with other states
Exceptions to Pacta Sunt Servanda
1) Exercise of Police Power
2) Conflict with Constitution
3) Separation of Powers and Rule-Making Power
of the Supreme Court
KURODA v. JALANDONI
42 OG 4282
FACTS:
Lt. Gen. Shigenori Kuroda– was charged before a
Philippine Military Commission created under Executive
Order No. 68 establishing the National War Crimes
Office and prescribing rules and regulations governing
the trial of accused war criminals, for war crimes
(brutal atrocities and other high crimes against
noncombatant civilians and prisoners) pursuant to the
Hague Convention on Rules and Regulations covering
Land Warfare
DOJ Secretary – raised the issue of jurisdiction contending
that the Philippines was not a signatory to the
agreement and therefore he is charged of ‘crimes’ not
based on law, national and intentional.
HELD:
a. Article 2 of our Constitution provides in its section 3,
that – The Philippines renounces war as an
instrument of national policy and adopts the
generally accepted principles of international law as
part of the nation.
b. The Hague Convention embodied generally accepted
principles of international law binding upon all
States. Such rule and principles therefore form part
of the law of our nation even if the Philippines was
not a signatory to the conventions embodying them.
c. In the promulgation of EO 68, the President of the
Philippines has acted in conformity with the
generally accepted and policies of international law
which are part of our Constitution.
ILLUSTRATIVE CASES
of the Exceptions to Pacta Sunt Servanda
1) Exercise of Police Power
 Ichong v. Hernandez, 101 Phil. 1155
RA 1180 (Retail Trade Nationalization Act),
which limits retail trade to Filipino citizens, was
passed in the valid exercise of police power, in
the interest of national economic survival. Even
supposing that the law infringes upon the treaty,
the treaty may never curtail or restrict the scope
of the police power of the State.
2) Conflict with Constitution
 Sec. of Justice v. Lantion, 332 SCRA 160
Both statutes (P.D. 1069 – Prescribing the
Procedure for the Extradition of Persons Who
Have Committed Crimes in a Foreign Country)
and treating (RP-US Extradition Treaty) may be
invalidated if they are in conflict with the
Constitution.
3) Separation of Powers and Rule-Making
Power of the Supreme Court
 In Re Garcia, 2 SCRA 984
RP – Spain Treaty of Academic Degrees and the
Exercise of Professions could not have been
intended to modify the laws and regulations
governing admission to the practice of law in the
Philippines, for the reason that the Executive
Department may not encroach upon the
constitutional prerogative of the Supreme Court
to promulgate rules for admission to the practice
of law in the Philippines.
ICHONG v. HERNANDEZ
101 Phil. 1155
FACTS:
Lao Ichong (resident alien) – assails the constitutionality
of RA 1180 (Retail Trade Nationalization Act), which
limits retail trade to Filipino citizens, contending that
the Act violates international and treaty obligations of
the Philippines: UN Charter, UN Declaration of the
Human Rights; RP-China Treaty of Amity.
RP-China Treaty of Amity – guarantees equality of
treatment to Chinese nationals “upon the same terms as
the nationals of any other country.”
HELD:
a. Nationals of China are not discriminated against
because nationals of all other countries are all
prohibited from engaging in retail trade.
b. But even supposing that the law infringes upon said
treaty, the treaty may never curtail or restrict the
scope of the police power of the State. RA 1180 was
passed in the valid exercise of police power, in the
interest of national economic survival.
SEC. of JUSTICE v. LANTION
332 SCRA 160
FACTS:
Mark Jimenez – was wanted in the US for various crimes.
Pursuant to RP-US Extradition Treaty, the US sought his
extradition. Jimenez requested proceedings to be held in
abeyance.
DOJ Secretary – denied the requests on the ground that
extradition proceedings may not be held abeyance
under our treaty obligation.
RTC-Manila Judge Ralph Lantion – directed DOJ, DFA, and
NBI to maintain status quo.
DOJ Secretary – went to the Supreme Court arguing that he
was prevented from legal duties under the Extradition
Treaty and Extradition Law.
HELD:
a. Jimenez does not only face clear and present danger
of loss of property or employment, but of liberty
itself, which may eventually lead to his forcible
banishment to a foreign land. Jimenez’ due process
rights, although not guaranteed by statute or by
treaty, are protected by constitutional guarantees.
b. 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.
In Re Garcia
2 SCRA 984
FACTS:
Arturo Garcia, a Filipino citizen – finished law in Spain
and practice law thereat. He avers that he is entitled to
practice law in the Philippines even without passing the
bar examinations under the:
Treaty of Academic Degrees and the Exercise of
Professions between Philippines and Spain – “The
Nationals of each of the two countries who shall have
obtained recognition of the validity of their academic
degrees by virtue of the stipulations of this Treaty, can
practice their professions within the territory of the
Other.
HELD:
a. The aforementioned Treaty could not have been
intended to modify the laws and regulations
governing admission to the practice of law in the
Philippines.
b. The Executive Department may not encroach upon
the constitutional prerogative of the Supreme Court
to promulgate rules for admission to the practice of
law in the Philippines.
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.”
CORRELATION
Article VII, Section 18, Constitution – “The President
shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call
out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. In case of invasion or
rebellion, when the public safety requires it, he may, for a
period not exceeding sixty days, suspend the privilege of the
writ of habeas corpus or place the Philippines or any part
thereof under martial law.”
ALIH v. CASTRO
151 SCRA 279
FACTS:
Philippine Marines – in 1984, without search warrant,
raided the compound occupied by Rizal Alih, et al. In
Zamboanga City, in search of firearms, ammunition and
explosives alleging that they were acting under superior
orders and that the raid was necessary because of peace
and order problem generated by the assassination of
Mayor Cesar Climaco.
RP-China Treaty of Amity – filed petition with the
Supreme Court to recover the articles seized from them,
to prevent these from being used as evidence against
them, and to challenge their finger-printing,
photographing and paraffin-testing as violative of their
right against self-incrimination.
HELD:
a. The military defied the precept that “civilian
authority is at all times supreme over the military”.
b. They simply by-passed civil courts, which had
authority to determine whether or not there was
probable cause to search the premises. Instead, they
proceed to make the raid without a search warrant.
IBP v. Zamora
338 SCRA 81
FACTS:
Pres. Joseph Estrada – in January 2000, invoking his
Commander-in-Chief powers, directed the deployment of
Marines to assist PNP in suppressing lawless violence.
Integrated Bar of the Philippines – filed petition to
declare such move unconstitutional, arguing that
calling of AFP to assist the PNP in joint visibility patrols
violates the constitutional provisions on civilian
supremacy over the military and the civilian character
of the PNP.
HELD:
a. The calling of the Marines in this case constitutes
permissible use of military assets for civilian law
enforcement.
b. The participation of the Marines in the conduct of
joint visibility patrols is appropriately
circumscribed.
 c. The limited participation of the Marines is evident in
the provisions of the LOI itself, which sufficiently
provides the metes and bounds of the Marines’
authority.
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.”
BASIS
 inherent right of every state to existence and
self-preservation
ILLUSTRATIVE CASE
 People v. Lagman and Zosa, 66 Phil. 13
National Defense Law, in so far as it establishes
compulsory military service, does not go against this
constitutional provision but is, on the contrary, in
faithful compliance therewith. The duty of the
Government to defend the State cannot be
performed except through an army.
PEOPLE v. LAGMAN and SOSA
64 Phil. 13
FACTS:
Tranquilino Lagman and Primitivo de Sosa – are
charged with violation of the National Defense Law (CA
I). They, being Filipinos and having reached the age of
20 years, refused to register in the military service.
Sosa – claims that he is fatherless, has mother and 8-year
old brother to support.
Lagman – claims he also has a father to support, has no
military learnings, and does not wish to kill or be killed.
HELD:
a. National Defense Law, in so far as it establishes
compulsory military service, does not go against this
constitutional provision but is, on the contrary, in
faithful compliance therewith.
b. The duty of the Government to defend the State
cannot be performed except through an army.
SECTION 5
“The maintenance of peace and order, the protection of
life, liberty, and property, and the promotion of the
general welfare are essential for the enjoyment by all
the people of the blessings of democracy.”
PURPOSE
bare essentials under a democratic regime:
1. peace and order – civilized society;
2. due process – life, liberty, and property;
3. equal protection – enjoyment by all the
people;
4. police power – general welfare or the
common good.
CORRELATION
 Art. XVI, Sec. 4, Constitution – “The Armed
Forces of the Philippines shall be composed of a citizen
armed force which shall undergo military training and
serve, as may be provided by law. It shall keep a
regular force necessary for the security of the State.”
SECTION 6
“The separation of the Church and State shall be
inviolable.”
CORRELATION
 Art. III, Sec. 5, Constitution – “No law shall be
made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free
enjoyment of religious profession and worship,
without discriminating or preference, shall forever be
allowed. No religious test shall be required for the
exercise of civil or political rights.”
 Art. VI, Sec. 29(2), Constitution – “No public
money or property shall be appropriated, applied,
paid, or employed, directly or indirectly for the use,
benefit, or support of any sect, church, denomination,
sectarian institution, or system of religion, or of any
priest, preacher, minister, or other religious teacher,
or dignitary as such, except when such priest,
preacher, minister, or dignitary is assigned to the
armed forces, or to any penal institution, or
government orphanage or leprosarium.”
Purpose
 forestall union between the State and the
Church which might lead to abuse of power
The State shall pursue and independent
Sec. 7
foreign policy. In its relations with other
Foreign
states the paramount consideration shall
be national sovereignty, territorial Policy
integrity, national interest, and the right
to self-determination.
The Philippines, consistent with the
Sec. 8 Nuke Free
national interest, adopts and pursues a
policy of freedom from nuclear weapon in Phil
its territory.
Sec. 9 The State shall promote a just and
dynamic social order that will ensure the
prosperity and independence of the nation
Social
and free the people from poverty through
policies that provide adequate social Services
services, promote full employment, a rising
standard of living, and an improved
quality of life.
Social
The state shall promote social justice in all
Sec. 10 Justice
phases of national development.
The State values the dignity of every Human
Sec. 11
human person and guarantees for respect Rights
for human rights.
The State recognizes the sanctity of family
Sec. 12
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
form the conception. The natural and Family
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.
 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.”
Foreign Policy Formulation
a. take into action – specific international
circumstances;
b. consider – national sovereignty, territorial
integrity, national interest, and the right to self
determination;
c. adhere to – peace, equality, justice, freedom,
cooperation, and amity with all nations.
PURPOSE
a. highlights our aversion to foreign dominion;
b. emphasize our guidelines in basic foreign
policy formulation.
LIM v. EXEC. SEC.
G.R. No. 151445, Apr. 11, 2002
FACTS:
Arthur Lim – assails the constitutionality of RP-US
Balikatan 02-1 Exercises in Mindanao under the Mutual
Defense Treaty (MDT) contending that:
1. MDT was signed to provide mutual military
assistance only in case of an armed attack by an
external aggressor;
2. VFA of 1999 does not authorize American soldiers
to engage in combat operations in Philippine
territory.
Solicitor General – counters that the Term of Reference of
Balikatan are clear as to the extent (no permanent
basing and no combat operations for US troops) and
duration (not more than 6 months).
HELD:
a. VFA permits US personnel to engage on an
impermanent basis, in ‘activities’, the exact meaning
of which is left undefined.
b. The only limitation is that US personnel must abstain
from any activity inconsistent with the spirit of the
agreement and in particular, from any political
activity.
R.P.-U.S. DEFENSE COOPERATIONS AGREEMENTS
Types:
1) Mutual Defense Treaty
 Signed: 1951
 Salient Features: defend each other’s territory
in case of external attack
 Concessions: Subic Naval Base & Clark Air Base
2) Visiting Forces Agreement
 Signed: 1998
 Salient Features: crisis-action planning;
enhanced training to conduct counter
operations; promoting interoperability of the
forces
 Concessions: annual military exercises between
U.S. and the Phil.
3) Enhance Defense Cooperation Agreement
 Signed: 2014
 Salient Features: develop their individual and
collective capacities to resist armed attack by:
a) improving interoperability of b)
modernization, c) helping maintain and
develop maritime security, and expeanding
humanitarian assistance in d) response to
natural disasters
 Concessions: allows U.S. forces to presposition
and store defense material, equipment, and
supplies. The Agreement makes clear that this
material cannot include nuclear weapons.
SECTION 8
“The Philippines, consistent with the national interest,
adopts and pursues a policy of freedom from nuclear
weapons in its territory.”
Freedom from Nuclear Weapons Policy.
(1) Aim of provision. – The intent is to forbid the
making, storing, manufacture or testing in our
country of nuclear weapons, devices or parts
thereof as well as the use of our territory as
dumping site for radioactive wastes and the
transit within our territory of ships or planes
with nuclear weapons. It does not, however,
prohibit the use of nuclear energy for medicine,
agriculture, and other peaceful or beneficial
purposes. Congress will have to provide the
mechanics to effectively implement this section.
(2) Ban on nuclear weapons as subject to exception.
– The records of the Constitutional Commission
support the position that this section does not
absolutely ban nuclear weapons from Philippine
territory. The phrase “consistent with the
national interest,” may reasonably be
interpreted to mean “subject to national
interest.” In other words, if the national interest
so dictates, the storing of nuclear weapons in
our territory may be permitted at least on a
transitory basis, considering that it was not
prohibited under the then existing military
bases agreement with the United States whose
validity and term of effectivity until 1991 are
implicitly recognized by the Constitution.
(3) Ban as an absolute prohibition. – The
phraseology of this section may be understood
as providing no qualification, exception, or
condition if the phrase “consistent with national
interest” is taken as the reason for the policy
because it is consistent with national interest.
The Constitution itself bans nuclear weapons as
a policy and precisely emphasizes that such
policy is “consistent with the national interest.”
Nuclear Free Philippines
a) Three Mile Island, USA (1979)
b) Chernobyl, Ukraine (April 26, 1986)
c) Bataan Nuclear Powerplant
d) Fukushima Daiichi, Japan (March 11, 2011)
Nuclear Free Philippines
a) allergic reaction to Marcos’ projects
b) fear of nuclear accidents
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.”
Just and dynamic social order.
(1) Policies necessary to be pursued. – The State
shall promote a just and dynamic social order.
This is accomplished through policies that
provide adequate social services (in the field of
health, education, housing, etc.), promote full
employment (Art. XII, Sec. 1(2); Art. XIII, Sec.
3(1)), a rising standard of living, and an
improved quality of life for all.
(2) Solving the problem of mass poverty. – The
Preamble calls for the establishment of a “just
and humane society” and a government that
shall “promote the common good.” Such a
society must insure the prosperity and
independence of the nation and free the
underprivileged and the marginalized sectors of
our population from poverty. The goal is to
reduce the political and economic power of a
privileged few by equalizing widely differing
standards and opportunities for advancement
and to raise the masses of our people form a life
of misery and deprivation to a qualitative life
worthy of human dignity and respect. The
concept of “common good” no enshrined in the
Preamble which the government shall promote
contemplates a society where every member is
given every opportunity to attain his or her
fullest development – culturally and spiritually.
With the eradication of mass poverty, the State
solves at the same time a chain of social problems
that comes with it: social unrest, breakdown of family
systems, diseases, ignorance, criminality, and low
productivity.
SECTION 10
“The State shall promote social justice in all phases of
national development.”
Social Justice
This policy mandates the State to promote social
justice in all phases of national development. In the
fulfillment of this duty, the State must give
preferential attention to the welfare of the less
fortunate members of the community – the poor, the
unschooled, the disabled, the underprivileged – those
who have less in life.
It is discussed fully under Article XIII (Social
Justice and Human Rights).
CALALANG v. WILLIAMS
70 Phil. 726
FACTS:
A. D. Williams – Chairman of the National Traffic
Commission, recommended that animal-drawn vehicles
be prohibited from passing along certain streets in
Manila and on certain times and days.
Maximo Calalang – avers that the rules and regulations
complained of result to the detriment of not only of their
owners but of the riding public as well and thus infringe
upon the constitutional precept regarding the
promotion of social justice to insure the well-being and
economic security of all the people.
HELD:
a. Social justice means the promotion of the welfare of
all the people, the adaptation by the Government of
measures calculated to insure economic stability of
all the competent elements of society, through the
maintenance of a proper economic and social
equilibrium in the interrelations of the members of
the community;
b. through the adoption of measures legally justifiable,
or extra- constitutionally, through the exercise of
powers underlying the existence of all governments
on the time-honored principle of salus populi est
suprema lex.
GUIDO v. RURAL PROGRESS ADMINISTRATION
G.R. No. L-2089, Oct. 31, 1949
FACTS:
Justa Guido – owns to adopting lots, part commercial, with
a combined area of 22,655 square meters, situated in
Maypajo, Caloocan, Rizal.
DOJ Secretary – sought to expropriate the property for
distribution to about 50 persons and their families on
the added justification that, “the promotion of social
justice to insure the well-being and economic security of
all the people should the concern of the state,”
Guido – filed petition for prohibition to enjoin RPA from
proceeding with the expropriation contending that the
tenants have entered with the petitioner valid contracts
for lease, or option to buy at an agreed price.
HELD:
a. The promotion of social justice ordained by the
Constitution does not supply paramount basis for
untrammelled expropriation of private land by the
Rural Progress Administration or any other
government instrumentality.
b. The condemnation of a small property in behalf of
10, 20, or 50 persons and their families does not
inure to the benefit of the public to a degree
sufficient to give the public character.
SECTION 11
“The State values the dignity of every human person
and guarantees full respect for human rights.”
EVOLUTION
 Presidential Committee on Human Rights –
created by President Corazon Aquino in 1986.
  Commission on Human Rights – established
by the 1987 Constitution.
CORRELATION
 Art. XIII, Sec. 17, Constitution – “There is hereby
created an independent office called the Commission
on Human Rights.
 Art. XVIII, Sec. 18, Constitution – “The
Commission shall be composed of a Chairman and four
Members who must be natural-born citizens of the
Philippines and a majority of whom shall be members
of the Bar. The term of office and other qualifications
and disabilities of the Members of the Commission
shall be provided by law.
CARIÑO v. CHR
204 SCRA 483
FACTS:
Manila Public School Teachers Association (MPSTA)
and Alliance of Concerned Teachers (ACT) – On
September 17, 1990, a class day, undertook as “mass
concerted actions” to dramatize their plight for failure
of authorities to act upon their grievance.
DECS Secretary Isidro Cariño – issued return to work in
24 hours to participating teachers or face dismissal. For
failure to heed the order, they were administratively
charged, preventively suspended for 90 days, and
temporarily replaced.
MPSTA & ACT – complained to CHR that they were
replaced without notice and for unknown reasons.
Commission on Human Rights (CHR) – ruled that there
had been violation of the teachers’ civil and political
rights which CHR was empowered to investigate
HELD:
a. The only thing CHR can do, if it concludes that
Secretary Cariño was in error, is refer matter to
appropriate government agency or tribunal for
assistance that would be the Civil Service
Commission (CSC).
b. CHR has no business intruding into the jurisdiction
and functions of the Education Secretary or the CSC.
It has no business going over the same ground
traversed by the latter and making its own judgment
on the questions involved. This would accord success
to what may well have been the complaining
teachers' strategy to abort, frustrate or negate the
judgment of the Education Secretary in the
administrative cases against them which they
anticipated would be adverse to them.
SECTION 12
“The State recognizes the sanctity of family life and
shall protect and strengthen the family life and shall
protect and strengthen the family as a basic
autonomous institution. It shall equally protect the life
of the mother, and the life of the unborn form
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 aid and support of the government”
In Summary:
1) Recognize sanctity of family life;
2) protect and strengthen the family;
3) protect life of mother and life of unborn
4) support parents in the rearing of the youth
MEYER v. NEBRASKA
262 U.S. 390
FACTS:
Robert Meyer – parochial school instructor in Hampton,
Nebraska, taught the subject of reading in the German
language to 10-year-old 4th-grader.
Meyer – was charged with violating Siman Act of 1919,
which provides under Section 1 – “No person,
individually or as a teacher, shall in any private,
denominational, parochial or public school, teach any
subject to any person in any language other than the
English language.”
HELD:
a. US Supreme Court reversed Nebraska Supreme
Court’s decision which affirmed Meyers conviction
by the trial court.
b. US Supreme Court held that: “Legislature has
attempted to interfere with the calling of modern
language teachers, with the opportunities of pupils to
acquire knowledge, and with the power of parents to
control the education of their own.”
PIERCE v. SOCIETY OF SISTERS
268 U.S. 510
FACTS:
1922 Compulsary Education Act of Oregon – required
children aged 8-16 years old to attend public schools.
The Sisters – filed suit against Oregon Governor Walter
Pierce alleging that the Act conflicts with the 14th
Amendment which provides a liberty interest in a
parent’s or guardian’s right to decide the mode in which
their children are educated. Further, they replied that
although the state had a powerful interest in their
children's education, the interest was not so strong as to
require the state's mandate of an educational choice of
this sort.
HELD:
a. The Act violates the 14th Amendment because it
interferes with protected liberty interests and has no
reasonable relationship to any purpose within the
competency of the State.
b. The Sisters have standing because the result of
enforcing the Act would lead to the destruction of
their schools. The State has the power to regulate all
schools, but parents and guardians have the right
and duty to choose the appropriate preparation for
their children.
DECS v. San Diego
180 SCRA 533
FACTS:
Rob Rey San Diego – is a graduate of UE with a degree of
B.S. Zoology. He took the NMAT three times and flunked
it as many times. When he applied to take it again, his
 application was rejected by the Department of
Education, Culture, and Sports (DECS) by virtue of MECS
Order No. 12, which provides: “A student shall be
allowed only three (3) chances to take the NMAT. After
three (3) successive failures, a student shall not be
allowed to take the NMAT for the fourth time.
San Diego – they filed petition with the RTC to compel his
admission to the test. He then filed a petition before the
RTC on the ground of due process and equal protection
and challenging the constitutionality of the order.
RTC – granted the petition filed by San Diego.
HELD:
a. Decision of the RTC must be reversed. The subject of
challenged regulation is certainly within the ambit of
police power.
b. The Court feels that it is not enough to simply invoke
the right to quality education as a guaranty of the
Constitution: one must show that he is entitled to it
because of his preparation and promise.
c. It is stressed that a person who does not qualify in
the NMAT is not an absolute incompetent unfit for
any work or occupation. The only inference is that he
is probably better, not for the medical profession,
but for another calling that has not excited his
interest.
Virtuoso v. Municipal Judge
82 SCRA 191
FACTS:
Francisco Virtuoso Jr. – 17 years old, was accused of
robbery.
Judge of Mariveles, Bataan – set bail at P16,000.00, an
amount which the accused minor considers excessive. He
filed application for writ of habeas corpus.
Virtuoso – filed habeas corpus contending that the amount
of the bail is excessive.
HELD:
a. Virtuoso is a 17-year old minor entitled to the
protection and benefits of the Child & Youth Welfare
Code.
b. A youthful offender being defined as “one who is
over 9 years old but under 18 years of age at the
time of the commission of the offense”.
c. As such, he could be provisionally released on
recognizance in the discretion of a court.
SECTION 13
“The State recognizes the vital role of the youth in
nation-building, and shall promote and protect the
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.”
CORRELATION
 UN Convention on the Rights of Children –
create avenue wherein youth sector can
participate in the affairs of government and the
country as a whole.
PURPOSE
 Encourage the involvement and participation of
the youth sector in nation-building
Laws on Youth Participation
 PD 684 (1975) – established the Kabataang
Barangay (KB).
 RA 7160 (1991) – incorporated Sangguniang
Kabataan (SK) in the Local Government Code
and abolished the KB.
SECTION 14
“The State recognizes the role of women in nation-
building and shall ensure the fundamental equality
before the law of women and men.”
CORRELATION
 Art. XIII, Sec. 14, Constitution – “The State shall
protect working women by providing safe and
healthful working conditions, taking into account
their material functions, and such facilities and
opportunities that will enhance their welfare and
enable them to realize their full potential in the
service of the nation.”
Illustrative Case
 PT&T v. NLRC, G.R. No. 118978, May 23, 1997 –
PT&T’s policy of not accepting or considering as
disqualified from any work any women worker
who contracts marriage runs afoul of the test of,
and the right against discrimination, afforded all
women workers by our labor code and by no
less than the Constitution.
PT&T v. NLRC
G.R. No. 118978, May 23, 1997
FACTS:
PT&T – has a company policy of not accepting or
considering disqualified from work any woman worker
who contracts marriage.
Grace De Guzman – an employee of PT&T, was dismissed
from the service when she contracted marriage during
her employment pursuant to said company policy. Thus,
she filed case for illegal dismissal.
NLRC – ruled that she was illegally dismissed and ordered
her reinstatement. PT&T went to SC.
HELD:
a. PT&T’s policy of not accepting or considering as
disqualified from work any woman worker who
contracts marriage runs afoul of the test of, and the
right against, discrimination, afforded all women
workers by our labor laws and by the Constitution.
b. ART. 136 of the Labor Code states, in uncertain
terms: “It shall be unlawful for an employer to require
as a condition of employment or continuation of
employment that a woman employee shall not get
married, or to stipulate expressly or tacitly that upon
getting married, a woman employee shall be deemed
resigned or separated, or to actually dismiss,
discharge, discriminate or otherwise prejudice a
woman employee merely by reason of her marriage.”
c.
 SECTION 15
“The State shall protect and promote the right to
health of the people and instill health consciousness
among them.”
IMPLEMENTATION
 R.A. 9211 (July 14, 2014)
a) prohibits smoking in public places;
b) requires cigarette packs to be covered by
graphic pictures and illustrations of smoking
hazards such as damaged lungs and throats.
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.”
Illustrative Case
 Oposa v. Factoran, 224 SCRA 792 – 44 minors for
their generation as well as for “generations yet
unborn” had a valid cause of action in
questioning grant of TLA pursuant to their right
to a balanced and healthful ecology. Their right
to healthy environment carried with it
obligation to preserve that environment for
succeeding generations.
OPOSA v. FACTORAN
224 SCRA 792
FACTS:
44 minors for their generation as well as for
“generations yet unborn” – alleging that they are
entitled to the “full benefit use and enjoyment of the
natural resource treasure that is the country’s virgin
tropical rainforests” filed class suit against DENR Sec.
Fulgencio Factoran, Jr. to stop issuance of Timber
License Agreements (TLA) and cancel those issued to
stop deforestation.
Secretary Factoran, Jr. – filed a Motion to Dismiss the
complaint based on two (2) grounds: (1) the plaintiffs
have no cause of action against him and (2) the issue
raised is a political question.
RTC-Makati Judge Eriberto Rosario – dismissed the case.
Thus, the recourse to the Suit.
HELD:
a. They had a valid cause of action in questioning grant
of TLA pursuant to their right for a balanced and
healthful ecology.
b. Their right to healthy environment carried with it
obligation to preserve the environment inherited by
the succeeding generations.
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.”
CORRELATION
 Art. XIV, Sec. 5, Constitution – “The State shall
assign the highest budgetary priority to education and
ensure that teaching will attract and retain its rightful
share of the best available talents through adequate
remuneration and other means of job satisfaction and
fulfillment.”
Illustrative Case
Guingona v. Carague, 196 SCRA 221 – Sec. 5, Art. XIV
of the Constitution which provides for the highest
budgetary priority to education is merely directory;
the hands of Congress cannot be so hamstrung as to
deprive it of the power to respond to the imperatives
of national interest and the attainment of other state
policies and objectives.
GUINGONA v. CARAGUE
196 SCRA 221
FACTS:
GAA of 1990 – contains P88 Billion as automatic
appropriation for debt service authorized by PD 81, and
appropriation of P27 Billion for DECS.
Sen. Teofisto Guingona – assails the constitutionality of
PD 81 on the ground that it is violative of Sec. 5, Art. XIV,
which provides for the highest budgetary priority to
education.
HELD:
a. Sec. 5, Art. XIV, which provides for the highest
budgetary priority to education is merely directory;
b. the hands of Congress cannot be so hamstrung as to
deprive it of the power to respond to the imperatives
of national interest and the attainment of other state
policies and objectives.
SECTION 18
“The State affirms labor as a primary social economic
force. It shall protect the rights of workers and
promote their welfare.”
SECTION 20
“The State recognizes the indispensable role of the
private sector, encourages private enterprise, and
provides incentives to needed investments.”
CORRELATION
 Art. XIII, Sec. 3, Constitution – “The State shall
afford full protection to labor, local and overseas,
organized and unorganized, and promote full
employment and equality of employment
opportunities for all.”
Illustrative Case
PASEI v. Drilon, 163 SCRA 386 – DOLE Department
Order No. 1 which passed for the temporary
suspension of deployment of Filipino domestic and
household workers is constitutional. Protection of
labor does not signify the promotion of employment
alone. What concerns the Constitution more
paramountly is that such an employment be above
all, decent, just, and humane.
 SECTION 19
“The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.”
CORRELATION
 Art. XII, Sec. 13, Constitution – “The State shall
pursue a trade policy that serves the general
welfare and utilizes all forms and arrangements
of exchange on the basis of equality and
reciprocity.”
TAÑADA v. ANGARA
272 SCRA 18
FACTS:
Senate ratified WTO Agreement, which opens access to
foreign markets through reduction of tariffs on its exports.
Tañada assails the Agreement for violating Constitutional
mandate to “develop a self-reliant and independent national
economy effectively controlled by Filipinos.”
HELD:
The Agreement does not violate Sec. 19, Art. II, because
said section should be read in relation to Sec. 13, Art. XII,
which requires 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.”
SECTION 21
“The State shall promote comprehensive rural
development and agrarian reform.”
CORRELATION
 Art. XIII, Sec. 4, Constitution – “The State shall,
by law, undertake an agrarian reform program
founded on the rights of farmers and regular
farm-workers, who are landless, to own directly
or collectively the lands they till or, in the case of
other farm-workers, to receive a just share of the
fruits thereof...”
Illustrative Case
 Association of Small Landowners v. Sec. of
Agrarian Reform, 175 SCRA 342 – “no less than
the constitution itself has ordained this
revolution in the farms, calling for a “just
distribution” among the farmers of lands that
have heretofore been the prison of their dreams
but can now become the key at least to their
deliverance”
 Luz Farms v. Sec. of Agrarian Reform, 192 SCRA
51 – “lands devoted to livestock and poultry-
raising are not included in the definition of
agricultural land. Certain provisions of CARL
insofar as they included livestock farms in the
coverage of agrarian reform are
unconstitutional.”
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 role of communication
in nation-building.”
SECTION 25
“The State shall ensure the autonomy of local
governments.”
BASCO v. PAGCOR
197 SCRA 52
FACTS:
PD 1869 exempts PAGCOR from paying any “tax of any
kind or form, income or otherwise, as well as fees, charges or
levies of whatever nature whether National or Local.”
Humberto Basco seeks to annul PD 1869, because the law
has intruded into the local government’s right to impose
local taxes and license fees, in contravention of the
principle of local autonomy.
HELD:
Local autonomy under the 1987 Constitution simply
means “decentralization”. It does not make local
governments sovereign within the state or an “imperium
in imperio”.
DADOLE v. COA
G.R. No. 125350, Dec. 3, 2002
FACTS:
Judges stationed in Mandaue City receive monthly
allowance of P1,500.00 from the City. D&M issued circular
limiting the allowance to not monthly more than
P1,000.00. City Auditor asked the judges to reimburse the
amount they received in excess of P1,000.
HELD:
Any directive by the President or his alter egos seeking to
alter wisdom of a law-confirming judgment on local affairs
of LGU is patent nullity because it violates the principle of
local autonomy and separation of powers of the executive
departments in governing municipal corporation.
SECTION 26
“The State shall guarantee equal access of
opportunities for public service, and prohibit political
dynasties as may be defined by law.”
PAMATONG v. COMELEC
G.R. No. 161872, Apr. 13, 2004
FACTS:
Elly Pamatong filed his certificate of Candidacy for
President. Comelec declared him nuisance candidate. He
assails this as violative of his right to “equal access to
opportunities for public service”, by limiting the number of
qualified candidates only to those who can afford to wage a
nationwide campaign and/or are nominated by political
parties.
HELD:
ADDITIONAL NOTES
The provision does not bestow a right to seek the
Presidency. The provision is not intended to compel the
State to enact positive measures that would accommodate
as many as possible into office. The privilege may be
subjected to limitations. One such limitation is the
provision of the Omnibus Election Code on nuisance
candidates.

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

SECTION 28
“The State recognizes the vital role of the youth in
nation-building, and shall promote and protect the
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.”

CORRELATION
 Art. III, Sec. 7, Constitution – “The right of the
people to information on matters of public concern
shall be recognized. Access to official records, and to
documents, and papers 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.”

AQUINO-SARMIENTO v. MORATO
203 SCRA 515

FACTS:
Carmen Aquino-Sarmiento – member of MTRCB,
requested in February 1989 to examine board’s records
pertaining to the voting slips of individual board
members after review of the movies and television
productions.
Manuel Morato – Chairman of MTRCB, denied the request
on the ground that individual voting slips are purely
and completely private and personal.
Board Resolution No. 10-89 – issued on July 27, 1989,
declared as confidential, private and personal, the
decision of the reviewing committee and the voting slips
of the members.
Aquino-Sarmiento – thus elevated the case to the SC.

HELD:
a. Morato’s refusal to allow Aquino-Sarmiento to
examine the records is violative of the constitutional
right of access to public records, specifically, Sec. 7,
Art. III of the Constitution.
b. Decisions of the Board and the individual voting slips
accomplished by the members of the concerned are
acts made pursuant to their official functions, and as
such, are neither personal nor private in nature but
rather public in character. They are, therefore, public
records access to which is guaranteed to the
citizenry by no less than the fundamental law of the
land.