poli nachura midterms reviewer

7/30/2019 Poli Nachura Midterms Reviewer

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I. General Principles

A. Political Law Defined. That branch of public law which

1. Deals with the organization and operations of the governmental organs of the State, and;

2. Defines the relations of the State with the inhabitants of its territorty.

B. Scope/Division of Political Law

1. Constitutional Lawthe study of the maintenance of the proper balance between

1. Authority, as represented by the three inherent powers of the State, and;

2. Liberty, as guaranteed by the Bill of Rights.

2. Administrative LawThat branch of public law which

1. Fixes the organization of government

2. Determines the competence of the administrative authorities who execute the law, and;

3. Indicates the individual remedies for violation of his rights.

3. Law on Municipal Corporations (LocGov)

4. Law on Public Officers

5. Election Law

II. The Philippine Constitution

A. Nature of the Constitution

1. Constitution defined.

That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. That written instrument enacted by the direct action of the people by which fundamental powers of the government are established,

limited an defined, and by which those powers are distributed among the several departments for their sage and useful exercise for the

benefit of the body politic.


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2. Purposeto prescribe the permanent framework of a system of government, to assign to the several departments the powers an duties, and

to establish certain first principles on which government is founded.

3. Classification:

a) Written or unwritten.

Written embodied in one document or set of documents

Unwritten consists of rules which have not been integrated into a single, concrete form but scattered in various sources, suchas statutes of a fundamental character, judicial decisions, commentaries of publicists, customs and traditions, and certain

common law principles

b) Enacted (conventional) or evolved (cumulative).

Enacted enacted, formally struck off at a definite time and place following a conscious or deliberate effort taken by aconstituent body or ruler;

Evolved a cumulative constitution is the result of political evolution, not inaugurated at any specific time but changing byaccretion rather than by any systematic method.

c) Rigid or Flexible

Rigid can be amended only by a formal and usually difficult process Flexible can be changed by ordinary legislation

4. Qualities of a good written Constitution:

a) Broadprovides for the organization of the entire government and covers all persons and things within the territory and

comprehensive enough for every contingency

b) Brief confines itself to basic principles to be implemented with legislative details more adjustable to change and easier to amend

c) Definite prevents ambiguity in its provisions

5.Essential parts of a good written Consitution

a) Constitution of LibertyArt III

b) Constitution of GovernmentArt VI Art VII Art VIII

c) Constitution of Sovereignty - Art XVII


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6.Interpretation/Construction of the Constitution

a) Francisco v. House of Representatives

VERBA LEGISwhenever possible, ordinary meaning except where technical terms are employed RATIO LEGIS ET ANIMA intent of the framers UT MAGIS VALEAT QUAM PEREAT constitution must be interpreted as a whole

b) if the plain meaning of the word is not found to be clear, resort to other aids is available, e.g. debates and proceedings of the

constitutional convention

c) in case of doubt, the provisions should be considered self-executing ; mandatory rather than directory; prospective rather than

retroactive.

d) Self-executing provisions

lays down a general provision not self-executing complete in itself and becomes operative without aid of supplementary or enabling legislation, or that which supplies a rule by

means of which the rights it grants may be enjoyed or protected

Manila Prince Hotel v. GSIS provision is self-executing if the nature and extent f the right conferred and liability imposed arefixed by the Constitution itself, so that they can be determined by an examination and construction of its terms, and there is no

language indicating that the subject is referred to the legislature for action.

Pamatong v. COMELECa provision that is not self-executing does not give rise to any cause of action before the courts.B. Brief Constitutioonal History. (SKIP)

C. The 1987 Constitution. (SKIP)

D. Amendment

1. Amendment vs. Revision

a) Lambino v. COMELEC

Revisionbroadly implies a change that alters the basic principle in the Constitution or change that alters substantially the entirety ofthe Constitution. Generally affects several provisions

Amendment broadly refers to a change that adds, reduces, deletes, without altering the basic principle involved. Generally affects onlythe specific provisions being amended.


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i) Two part test

Quantitativeasks whether the proposed change is so extensive as to change directly the substance entirety of the Constitution.The court examines only the number of provision affect and not the degree of change.

Qualitative inquires into the qualitative effects of the proposed change in the Constitution. The main inquiry is whether thechange will accomplish such far-reaching changes in the nature of our basic governmental plan as to amount to a revision.

ii). Lambino proposal was a revision because it proposed a change from presidential to parliamentary

2.Constituent v. Legislative PowerImbong v. COMELEC RA 6132 is constitution because it merely provided details.

3.Steps in the amendatory process:

a) Propsal (Art. XVII, Secs. 1-3) Proposed amendment may come from:

Congress, by a vote of of all its members. Majority of the authorities suggest that this should be understood as of members ofSenate and of the members of the House of Representatives

oOccena v. COMELEC whether proposal should be made directly by Congress or through Constitutional Convention isdiscretionary upon the legislature

Constitutional Convention which may be called into existence either by a vote of 2/3 of all members of Congress or if majority voteonly, resolved through plebiscite (Art XVII, Sec 3)

o Three theories on the positition of the constitutional convention vis--vis the regular departments: Theory of Conventional Sovereignty Inferior to other departments Co-equal to other departments

People through the power of initiative - petition of at least 12% of the total number of registered voters of which every legislativedistrict should be represented by 3% of the registered voters therein.

o Limitation: No amendment in this manner shall be authorized within five years following the ratification of this Constitution normore often than once every five years.

o RA 6735 Three kinds of initiative Initiative on the Constitution Initiative on Statues Initiative on Local Legislation

Indirect Initiative exercise of initiative by the people through a proposition sent to congress or the locallegislative body for action.

Lambino v. Comelecdeclared RA 6735 constitutional


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o Procedure The people must author and sign the entire proposal; no agent or representative is allowed The proposal must be embodied in the petition

o Lambino v. COMELECPeoples initiative applies only to amendment, not revisionb) Ratification (Art XVII Sec 4) The proposed amendment shall become part of Constitution when ratified by a majority of the votes cast in a

plebiscite held not earlier 60 days nor later than 90 days after:

Approval of the proposal by congress Approval of the proposal by the Constitutional Convention Certification by COMELEC of the sufficiency of the Petition for Initiativei) Doctrine of Proper Submissionbecause the constitution provides for the timeframe, it can no longer be questioned whether the people

where given enough time to determine the merits and demerits of the petition.

Occena v, COMELEC, Almario v. Albaplebiscite may be held on the same day as regular elections Tolentino v.COMELECthe entire constitution must be submitted for ratification in one plebiscite

4. Sanidad v. COMELEC, Javellana v. COMELEC Amendments are subject to the power of judicial review WRT W/N constitutional provisions

have been followed.

E. POWER OF JUDICIAL REVIEW

1. Judicial ReviewThe power of the courts to test the validity of executive and legislative acts in the light of their conformity with Constitution.

The power is inherent in the Judicial Department by virtue of the separation of powers.

Angara v. Electoral Commissionnot an assertion of the superiority of the courts over the other departments but merely an expressionof the Supremacy of the Constitution

Aquino v.Enrilethe duty remains to assure that the supremacy of the Consitution is uphelda) Bondoc v. Pineda (Art VIII Sec 1), Judicial power 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 Government.

b) explicit recognition of the power is also found in Art VIII Sec 4 (2), XXXX all cases involving the constitutionality of a treaty, international or

executive agreement or law which shall be heard by the Supreme Court en banc, including those involving the constitutionality, application

or operation of presidential decrees, proclamation, orders, instructions, ordinances, and other regulations, shall be decided with the

concurrence of a majority of the Members who actually took part in the deliberation on the issues in the case and voted thereon.


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2. Who may exercise the power.

Supreme Court (Art VIII Sec 4 (2) Lower Courts (Ynot v. IAC) RTCs in Particular (Mirasol v. CA, BP 129)

o Rule 64 Sec 3, In all actions assailing the validity of statute, treaty, presidential decree, order or proclamation, notice to theSolGen is mandatory.

3. Functions of Judicial Review

a) Checkingb) Legitimatingc) Symbolic (Salonga v. Pano)

4. Requisites of Judicial Review/Inquiry

a) Actual Case or Controversyi. Guingona v. CA A conflict of legal rights, an assertion of opposite legal claims which can be resolved on the basis of existing

law and jurisprudence

ii. John Hay v. Limthe controversy must be definite and concrete, bearing upon the legal interests of the parties who are pittedagainst each other due to their adverse interests

iii. Davis v. Federal Election Commission it is necessary that the actual controversy extant at all stages of the the review, notmerely at the time the complaint is filed.

iv. Pacu v. Secretary of Education, Dumlao v. COMELEC, Perez v. Provincial Board A request for an advisory opinion is not anactual case or controversy, but an action for declaratory relief is proper for judicial determination

v. Province of Batangas v. Romulo The issues raised in a the case must not be moot and academic or because of subsequentdevelopments have become moot and academic. A moot and academic case is one that ceases to present a justiciablecontroversy by virtue of supervening events.

vi. Banco Filipino v. Tuazon, Jr.a declaration on a moot and academic case would be of no practical use o value.vii. Royal Cargo v. Civil Aeronautics BoardCourts decline jurisdiction on such cases

viii. Lacson v. Perezcourts also dismiss such cases on the ground of mootness.ix. Examples of Moot and Academic Cases

i. Enrile v. Senate Electoral Tribunalmoot because contested position expiredii. Lacson v. Perezquestioned orders were lifted

iii. Gonzales v. Narvasaquestioned PCCR ceased to exist albeit having f inished its workiv. Guingona v. CAquestioned admission of witness to Witness Protection Program alreay finished testifying


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v. Atlas Fertilizer v. Secretary of DARcongress enacted amendatory laws David v. Macapagal-Arroyorecall of state of emergency did not render case moot and academic because during the state

of emergency , implementing officers committed illegal acts, and resolving the issue will determine whether such acts were

justified.

recognized exceptions to the moot and academic principle:o There is a grave violation of the Constitution (Province of Batangas v. Romulo)o There is an exceptional character of the situation and paramount public interest is involved (Lacson v. Perez)o The constitutional issues raised require formulation of controlling principles to guide the bench, the bar and the

public (Salonga v. Pano)

o The case is capable of repetition yet avoiding review (Sanlakas v. Executive Secretary) According to us Jurisprudence, application of this principle is presupposes 1. That the life of the controversy

is too short to be fully litigated prior to its termination and 2. That there is a reasonable expectation that the

plaintiff will again be subjected to the same problem

b) The Constitutional question must be raise by the proper party (locus standi)i. Locus standi - is defined as a right if appearance in a court if justice on a given questionii. Private Suits - Real Party in Interest Rule 3 Sec 2, Salonga v. Warner Barnes, is the party who stands to benefited or injured by

the judgment in the suit or the party entitled to the avails of the suit

iii. David v. Macapagal-Arroyoto establish legal standing, he has to make out a sufficient interest in the vindication of the publicorder and securing relief as a citizen or taxpayer

i. People v. Vera Direct Injury Test a person who impugns the validity of a statute must have a personal andsubstantial interest in the ase such that he has sustained or will sustain direct injury as a result.

1. IBP v. Zamorainterest means a material interest, an interest in issue affected by the challenged official act, asdistinguished from mere interest in the question involved or a mere incidental interest

ii. Liberal Attitude of the Court Towards Standing summarized in David v. Macapagal-Arroyo where petitioners may beaccorded standing provided the following requirements are met:

1. The case involves constitutional issues2. For taxpayers, there must be a claim of illegal disbursement of public funds or that the tax measure is

unconstitutional (includes taxpayers right to question contracts entered into by the government or goc and

goccs)

3. For voters, there must be a showing of obvious interest in the validity of the electoral law in question4. For concerned citizens, there must be a showing that the issues raised are of transcendental importance which

must be settled early


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5. For legislators, there must be a claim that the official action complained of infringes on their prerogatives aslegislators.

iii. People v. Vera The Government is a proper party to question the validity of its own laws, because more than

anyone, it should be concerned with the constitutionality of its acts.

iv. Standing is procedural technicality which may be set aside by the Court in view of the importance of the issues

involved, or transcendental importance (Kilosbayan v. Guingona)

v. A taxpayer or group of taxpayers is a proper party to question the validity of a law appropriating public funds.

(Tolentino v. COMELEC)

vi. Macasiano v. NHAthe court has discretion on whether a taxpayer suit may be given due course.

v. Facial Challenge exception to the rule that a party can question a statute only if applied to him, it is

unconstitutional. It is a challenge on the validity of a statute, on its face, rather than, as applied, to prevent a chilling

effect on the freedom of expression.

Overbreadth Doctrinepermits a party to challenge the validity of a statute even though, as applied tohim, it is not unconstitutional, but it might be if applied to others not before the court whose activities

are constitutionally protected. Concurring Opinion of Justice Mendoza in Cruz v. DENR

Estrada v. SandiganbayanA facial challenge to a legislative act is the most difficult since the challengemust establish that there is no set of circumstances under which the act would be valid.

David v. Macapagal-Arroyo - overbreadth doctrine applies only to facial challenge of free speechstatutes and not for testing a validity of a law aiming to control constitutionally unprotected conduct

(e.g. lawless violence, rebellion)

Void for Vagueness holds that if men of common intelligence must necessarily guess at its meaningand differ as to its application. Applies also only to facial challenge of free speech cases and only if it is

vague in all possible applications.

c) The constitutional question must be raised at the earliest possible timei. Matibag v. Benipayo the earliest opportunity to raise a constitutional issue is to raise it in the pleadings before a competent

court that can resolve the same, such that if not raised in the pleadings, it cannot be considered in trial, and if not considered in

trial, it cannot be considered on appeal

ii. Estarija v. Ranadafailure to raise before the Ombudsman is not failure to raise at earliest possible time because Ombudsmandoes not have jurisdiction

iii. Umali v. Guingonaraised only on MR. failed to raise at earliest possible time


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iv. In criminal cases, can be raised at any time, at the discretion of the courtv. In civil cases, can be raised at any stage of the proceedings if necessary for the determination of the case itself

vi. In every case, except when there is estoppel, it can be raised at at any stage if involves the jurisdiction of the court (People v.Vera, Zandueta v. De la Costa)

d) The decision on the constitutional question must be determinative of the case itself (lis mota) Because of the doctrine of separationof powers, the courts are loathe to decide constitutional cases if there is some other basis that can be used for the decision

i. Planters Products v. Fertiphilit is the lis mota of the case because the trial court cannot determine the claim without resolvingthe issue of constitutionality.

5. Effects of Declaration of Unconstitutionality

a. Orthodox View Art 7. NCCAn unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates

no office; it is inoperative, as if it had not been passed at all

b.Modern View

Manila Motors v. Flores, Serrano de Agbayani v. PNB, Republic v. Herida The courts simply refuse to recognize the law anddetermines the rights of the parties as if the statute had no existence

Pelaez v.Auditor General - certain legal effects of the statute prior to its declaration of unconstitutionality may be recognized Ynot v. IAC a public officer who implemented an unconstitutional law prior to its declaration of unconstitutionality cannot be held

liable

III. THE PHILIPPINES AS A STATE

A. Definition of a State A community of persons, more or less numerous, permanently occupying a definite portion of its territory, independent of external

control, and possessing a government to which the a great body of inhabitants render habitual obedience (Collector of Internal Revenue v. Campos)

1. Distinguished from Nationstate is a legal or juristic concept, while nation is an ethnic or racial concept

2. Distinguished from Government Government is merely an instrumentality of the State through which the will of the state is implemented and

realized.

B.Elements of a State

1. Peoplea. Inhabitants or Citizens or Electorsb. As requisite for Statehood: Sufficient in number for self-sufficiency and defence; of both sexes for perpetuity


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2. Territorya. The National Territory Art I Sec 1 The national territory comprises the Philippine archipelago with all the islands and waters

embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial

and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas

b. Components: Terrestrial, Fluvial (flowing waters and fresh waters), Maritime and Aerial Domainsc. The Philippine Archipelagod.

Other territories over which the Philippines exercises jurisdiction

i. Batanes (1935 Constitution)ii. Those belonging to the Philippines by historic or legal title

iii. PD 1596e. Archipelago Doctrine: The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and

dimension, form part of the inland waters of the Philippines (2nd

sentence, sec 1, Art I)

i. Archipelagic Principlean archipelago, which consists of number of islands separated by bodies of water, should be treated asone integral unit

ii. Straight baseline methodI wont even botheriii.

UNCLOSContiguous Zone of 12 miles, Exclusive Economic zone of 200 miles although may not be part of territory of a state,coastal state enjoys preferential right over the marine resources found within these zones.

3. Governmenta. Defined. The agency or instrumentality through which the will of the state is formulated, expressed or realized. (US v. Dorr)

i. Government of the Philippines is the corporate entity through which the functions of government are exercised throughoutthe Philippines, including, save as the contrary appears from context, the various arms through which political authority is made

effective in the Philippines, whether pertaining to autonomous regions, the provincial, municipal or barangay subdivisions or

other forms of local government (Sec 2 (1), Admin Code of 1987)

b. Functionsi.

Constituent are mandatort for the Government to perform because they constitute the very bonds of society, such as themaintenance of peace, regulation of property and property rights, the administration of justice, etc.

ii. Ministrantthose intended to promote the welfare, progress, and prosperity of the people, and which are merely optional forgovernment to perform

c. Doctrine of PARENS PATRIAE Literally Parent of the People government may act as guardian of the rights of people who may bedisadvantaged or suffering from disability or misfortune. (Government v. Monte de Piedad, Cabanas v. Pilapil)

d. Classificationi. De Jure vs De Factosee Co Kim Chan v. Tan Keh, Lawyers League for a Better Philippines v. Aquino

1. Kinds of De Facto Governmenta.

By force or Majority

b. Revolutionary Government


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c. Occupying State Government (war, invasion)4. Sovereignty

a. Defined. The supreme uncontrollable power inherent in a State by which the state is governed.b. Kinds.

i. Legalpower to issue final commands, or political which is the sum total of all the influences which lie behind the law.ii. Internal or the supreme power over everything within its territory, or external, also known as independence from external

controlc. Characteristics: permanence, exclusiveness, comprehensiveness, absoluteness, indivisibility, inalienability, imprescriptabilityd. Effects of Change in Sovereigntypolitical laws are abrogated, municipal laws remain in forcee. Effects of Belligerent Occupation No change of sovereignty, however political laws, except the law on treason are suspended,

municipal laws remain in force unless repealed by the belligerent occupant. At the end of the belligerent occupation, when the

belligerent occupant is ousted from the territory, the Political laws which were suspended become automatically effective. JUS

POSTLIMINIUM

f. Dominium v. Imperiumi. Dominiumrefers to the capacity to own or acquire property including lands held by the state in its proprietary capacity

ii.

Imperiumis the authority possessed by the state embraced in the concet of sovereigntyg. Jurisdiction

i. TerritorialPower of the state over persons and things within its territory1. Exempt are:

a. foreign states, heads of state, diplomatic representatives and consuls to a certain degreeb. foreign state property, including embassies, consulates, and public vessels engaged in non-commercial activitiesc. acts of stated. foreign merchant vessels exercising the rights of innocent passage or involuntary entry, such as arrival under

stress

e.

foreign armies through or stationed in its territory with its permission,f. such other persons or property, including organizations like the UN, over which it may, by agreement, waive

jurisdiction

ii. Personalpower of the state over its national which may be exercised even if the individual is outside its territory.iii. Extraterritorial

1. Assertion of its personal jurisdiction over its nationals abroad, or the exercise of rights to punish certain offensescommitted outside its territory against its national interest even if the offenders are NRAs.

2. By virtue of its relations with other states or territories when it establishes a colonial protectorate or a condominium, oradminister a trust territory, or occupies an enemy territory in the course of war

3.

When the local state waives its jurisdiction over persons and things within its territory as when an army stationedtherein remains under the jurisdiction of the sending state


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4. B the principle of extraterritoriality, as illustrated by the immunities of the head of state in a foreign country.5. Through the enjoyment of easements or servitudes, such as the easement of innocent passage or arrival under stress6. The exercise of jurisdiction by the state in the high seas over its vessels; over pirates; in the exercise of the right to visit

and search under the doctrine of hot pursuit

7. The exercise of limited jurisdiction over the contiguous zone and the patrimonial sea, to prevent infringement of itscustoms, fiscal, immigration or sanitary regulations.

C. State Immunity from Suit. Art XVI Sec 3. The State cannot be sued without its consent.

1. Basis Royal Prerogative of Dishonesty There can be no legal right against the authority which makes the law on which the right depends.(Republic v. Villasor) However, it may be sued if it gives consent, whether express or implied.

2. Immunity is enjoyed by other States (PAR IN PAREM NON HABET IMPERIUM)includes foreign head of statea. Immune from jurisdiction of Local Courts and Local Administrative Tribunals

i. Diplomatic Agentsincluding consuls to a certain extentii. UNConvention on Privileges and Immunities of UN

iii. International Organizationscreated by international agreements of which the host country is a signatory to3. Test to determine if suit is against the State - Sanders v. Veridiano On the assumption that that decision is rendered against the public officer or

agency impleaded, will the enforcement thereof require an affirmative act from the State such as the appropriation of the needed amount to satisfy

the judgement? If so, then is a suit against the State?

a. Tan v. Director of Forestry promotion of public welfare and the protection of inhabitants near the public forest are property rights andinterests of the State.

4. Suits against Government Agenciesa. Incorporatedif their charters provide for it, they can be sued

i. Municipal Corporationsthey can be sued as provided for in LGC 22ii. PNR v. IACPNRs charter is silent on suability, but since it is not performing an governmental fu nction, it may be sued

b. Unincorporatedinquire into the principal functions of the agencyi. If governmentalcannot be sued without consent

ii. If proprietarysuit will lie5. Suit against Public Officersstate immunity from suit applies to complaints filed against officials of the State for acts performed in the discharge of

their duties within the scope of their authority.

a. Sanders v. Veridianoexceptions to requirement if prior consent before a public officer can be sued:i. to compel him to perform an act required by law

ii. to restrain him from enforcing an act claimed to be unconstitutional


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iii. to compel the payment of damages from an already appropriated assurance fund or to refund tax over-payments from a fundalready available for the purpose

iv. to secure a judgment that the officer impleaded may satisfy by himself without the State having to do a positive act to assist himv. where the government itself has violated its own laws (immunity cannot be used to perpetuate injustice)

b. Ultra Vires Shauf v. CAThe unauthorized acts of government officials are not acts of state; thus, the public officer may be sued and heldpersonally liable in damages for such acts

c. Personal Capacity

if the public official is being sued in his personal capacity, even if such act complained of is performed while occupying a

public position, there is no immunity

6. Need for Consent suit against the state requires consent, and lack of consent may be invoked at any stage of the proceedings as a defence.Complaint (or counterclaim) must allege that consent, else, it can be dismissed.

a. Express Consentcan only be given by an act of the legislative body, in a general or special lawi. General Law example is CA 327, as amended by PD 1445, which requires that all money claims against the government be filed

first with the COA before it is instituted in court.

1. but in Amigable v. Cuenca, suit was allowed even if not filed in the COA because his property was expropriated w/o justcompensation

ii. Special Law Merritt v. GovernmentThis form of consent must be embodied in a statue and cannot be given by a mere counsel.Republic v. Purisima

1. Example, PD 1620, where Immunity of IRRI can only be waived through an express waiver of its director generalb. Implied Consent

i. State commences litigationit is vulnerable to a counterclaimii. When the state enters into a business contract depends on the nature of the contract, if it is a business contract, i.e. proprietary,

can be sued, if contract is entered into in the pursuit of sovereign activity, no implied consent US v. Ruiz

7. Scope of ConsentConsent to be sued does not include consent to the execution of judgment against ita. Executionrequires another waiver, unless there is already an appropriation for itb. GOCCswhose charters allow them to sue and be sued, their funds deposited with a bank may be garnished

i. Municpal Corporationsalthough they may sue and be sued, their funds are public in character and cannot be garnished withoutan appropriation ordinance.

ii. Municipality of Makati v. CAmandamus will lie against a municipality who fails or refuses to pay without justifiable reasonc. Pacific Products v. Onggarnishment of the funds by a third person held by an instrumentality of the state which is immune to suit will not

prosper because garnishment is a suit against the garnishee (the one who holds the funds)

8. Suability not equated to outright liability

obvs.


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IV. FUNDAMENTAL POWERS OF THE STATE

A. General Principles1. The inherent powers of the State are:

a)Police Powerb)Power of Eminent Domainc)Power of Taxation

2. Similaritiesa)Inherent in the State, exercised even without need of express Constitutional Grantb)Necessary and Indispensable; State cannot be effective without themc)Methods by which State interferes with private propertyd)Presuppose equivalent compensatione)Exercised primarily by the legislature

3. Distinctionsa)Police Power Regulates both liberty and property; eminent domain and taxation affect only property rightsb)Police Power and Taxation are exercised only by the government; eminent domain may be exercised by private entitiesc)Property taken in police power is usually noxious or intended for a noxious purpose and must thus be destroyed; while in eminent

domain and taxation, the property is wholesome and devoted to public use or purpose

d)Compensation in police power is the intangible altruistic feeling that the individual has contributed to the public good; in eminentdomain, it is the full and fair equivalent of the property taken; while in taxation, it is the protection given and/or public improvements

instituted by the government for the taxes paid

4. Limitations: Generally, the bill of rights, although in some cases, exercise of police power prevails over specific constitutional guaranteesa)QC v. Erictathe courts may annul and improvident exercise of police power

B. Police Power1. Definition The power of promoting public welfare by restraining and regulating the use of liberty and property.2. Scope/Characteristics Is the most pervasive, the least limitable and the most demanding of the three powers.

a)SALUS POPULI EST SUPREMA LEXLet the good of the people be the supreme law.b)SIC UTERE TUO UT ALIENUM NON LAEDASUse what is yours so as not to harm what is others.c)Stone v. Mississippipolice power cannot be bargained away through the medium of treaty or contractd)Lutz v. Araneta - Taxing power may be used as an implement of Police powere)Association of Small Landowners v. Secretart of Agrarian ReformEminent Domain may be used to implement the police objective.f)Ortigas v. CA Non-impairment of contracts or vested rights clauses will have to yield to the superior and legitimate exercise by the

State of Police Power


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g)PRC v. De GuzmanPolice power may regulate exercise of profession as to who may and may not exerciseh)Chavez v. RomuloRight to bear arms < Police Poweri)Southeast Mindanao Goldmining v. Balite Portal MiningTimber permits/Mining Permits < Police Powerj)MMDA v. GarinDrivers License < Police Powerk)Carlos Superdrug v. DSWDproperty rights < Police Power

3. Who may exercise the power Legislature, but may be delegated by Congress to the President, administrative bodies and Law making bodies ofLGUs.

a)MMDA v. GarinMMDA has no delegated police powerb)Fernando v. FernandoBut MMDA can implement schemes to enforce ordinances enacted by the cities in Metro Manilac)MMDA v. Viron TransitPresident cannot delegate what has been delegated to him

4. Limitations (Tests for Valid Exercise)a)Lawful Subject the activity sought to be regulated affects the general welfare

i. Lim v. Pacquing law revoking all gambling permits, has a lawful subjectii. Pollution Adjudication Board v. CAThe ordinary requirements of procedural due process yield to the necessities of protecting

vital public interests through the exercise of police power

b)Lawful Means The means employed are reasonable necessary for the accomplishment of the purpose, and not unduly oppressive onindividuals

i. JMM Promotion v. CADOLE issued DO establishing various procedures and requirements for screening for performing artist asa prerequisite to the processing of any contract of employment by POEA. Lawful Means

ii. Philippine Press v. COMELECrequiring free print space of page as COMELEC Space is not a valid exercise of police power butmay be eminent domain

iii. QC v. Erictarequiring cemeteries in QC to provide 6% of burial lots for the poor, not valid exercise of police power, but may beeminent domain

iv. Lucena Grand Central Terminal v. Jac Linerdeclaring all bus terminals as nuisance per se, not valid exercise of police power.5. Additional Limitation (When exercised by Delegate)

a)Express grant by lawb)Within territorial limits (for LGUS except when to protect water supply)c)Must not be contrary to law (activity prohibited by law cannot, in the guise of regulation be allowed; an activity allowed by law may be

regulated, but not prohibited)

i. Solicitor General v. MMAfor municipal ordinances to be valid, they:a. must not contravene the Constitution or any statuteb. must not be unfair or oppressive


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c. must not be partial or discriminatoryd. must not prohibit, but may regulate tradee. must not be unreasonablef. must be general in application and consistent with public policy

ii. Pasong Bayabas Farmers v. CAZoning ordinances is an exercise of police powerC. Power of Eminent Domain

1. Definition/Scope. Aka expropriationa)Constitutional Provisions:

Art III Sec 9. Private property shall not be taken for public use without just compensation Art XII Sec 18. The State may, in the interest of national welfare or defense, establish and operate vital industries and, upon

payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the

Government.

Art XIII Sec 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regularfarmworkers, who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a

just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands,subject to such priorities and reasonable retention limits as Congress may prescribe, taking into account ecological,

developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the

State shall respect the rights of small landowners. The State shall further provide incentives for voluntary land-sharing.

Art XIII Sec 9. The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuingprogram of urban land reform and housing which will make available at affordable cost decent housing and basic services to

underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment

opportunities to such citizens. In the implementation of such program, the State shall respect the rights of small property

owners.

b)Distinguished from Police Power

i. No compensable taking in police powerii. The property taken in police power is not devoted to public use

c)Republic v. TagleEminent Domain is an inherent power of the State that need not be granted by fundamental law.d)Republic v. PLDTeminent domain may be availed of to impose only a burden, e.g. easemente)Barangay San Roque v. Heirs of Pastor Jurisdiction with RTC regardless of amount because amount of just compensation is merely

incidental to the exporpiation suit.

f)NAPOCOR v. PobreThe plaintiffs right to in expropriation cases to dismiss the complaint has always been subject to court approvaland to certain conditions.


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2. Who may exercise the power. Congress, and by delegation, the President, administrative bodies, LGUs and Private enterprises performing publicservices

a)Masikip v. PasigLGUs have no inherent power of Eminent Domain, it was delegated by virtue of Sec. 19 of LGCb)JIL v. Pasigexercise of Eminent Domain is derogation of private rights and therefore strict construction of the law will be applied.c)Filstream v. CAEminent domain is superior to the final and executor judgment in an ejectment cased)San Roque Realty v. RepublicExpropriation cases are strictly construed against the expropriator.

3. Requisites for exercisea)Necessity

i. When exercised by Legislature, Necessity is a political question, but when exercised by a delegate, Necessity is a justiciablequestion

b)Private Propertyi. City of Manila v. Chinese Community Private property already devoted to public use cannot be expropriated by a delegate of

legislature acting under a general grant of authority. (How about the Legislature itself)

ii. Republic v. PLDT All private property capable of ownership may be expropriated except money and choses in action. Evenservices may subject to eminent domain.

c)Taking in the Constitutional Sensei. May include trespass without actual eviction of the owner, material impairment of the value of the property or prevention of

the ordinary uses for which the property was intended.

ii. NAPOCOR v. GutierrezEminent domain may not always result in the taking appropriation of the title of property, it may onlyresult in the imposition of a burden without loss of title or possession.

iii. Republic v. Castelvirequisites for valid takinga. the expropriator must enter a private propertyb. entry must be for more than a momentary periodc. entry must be under warrant or color of authorityd. property must be devoted to public use or otherwise informally appropriated or injuriously affectede. utilization of the property must be in such a way as to oust the owner or deprive him of beneficial enjoyment of the

property

iv. Amigable v. Cuencawhere there is taking in the constitutional sense, can go directly to court to demand for paymentv. Velarma v. CAjus vindicandi remains in the owner until a case for expropriation is filed

d)Public Usei. Concept public use means meeting the public need or public exigency. It is not confined to actual use by the public in its

traditional sense. The term public use has now been held synonymous with public interest, public benefit public welfare and

public convenience


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a. Estate of Jimenez v. PEZAwhatever may be beneficially for the general welfare satisfies the requirement of public use.b. Heirs of Ardona v. Reyes it covers uses which, while not directly available to the public, redound to their indirect

advantage or benefit

c. Filstream v. CA Public use now includes the broader notion of indirect public benefit or advantage, including urbanland reform

d. Manosca v. CA that only a few would actually benefit from the expropriation of the property does not necessarilydiminish the essence and character of public use

ii. When exercised by LGU may expropriate private property for public use, or purpose, or welfare, for the benefit of the poorand the landless.

a. Must expropriate through an ordinanceb. Cannot be piecemeal or irrational

e)Just Compensationi. Concept Fair Market Value That sum of money which person, desirous but not compelled to buy, and an owner, willing but

not compelled to sell, would agree on as a price to be given and received therefor.

a. NAPOCOR v. Sps. Chiong where only a part of certain property is expropriated, just compensation is FMV of part +consequential damages consequential benefits but consequential benefits shall not exceed consequential damages.

b. Eslaban v. De OnorioJust compensation includes payment within a reasonable amount of timec. CIR v. Central Luzon Drug Corptax credit is just compensation for discounts given to senior citizens

ii. Judicial Prerogative the ascertainment of what constitutes just compensation is a judicial prerogativeiii. Need to appoint CommissionersManila Electric v. Pineda trial before commissioners is indispensable to in order to give the

parties the opportunity to present evidence on the issue of just compensation. It is a substantial right.

a. Republic v. Santoscourts are not bound by the commissioners findingsb. NAPOCOR v. De la CruzCourt may only substitute its own estimate only for valid reasons:

i. The commissioners applied illegal principles to the evidence submitted to themii. They have disregarded a clear preponderance of evidence

iii. Where the amount allowed is grossly inadequate or excessivec. Sps. Lee v. Land Banktrial by commissioners is not mandatory in land reform cases because the law provides that it is

discretionary on the part of the agrarian court.

iv. Form of compensation compensation is to be paid in money and no order except under CARP because it is a revolutionarykind of expropriation, payment partly in bonds was allowed.

a. Landbank v. CAbut may only be in cash and/or Landbank bonds, and certainly not deposited in a trust accountv. Withdrawal of deposit by rejecting landowner rejecting landowner can withdraw even if he is disputing the final compensation

because he is simply exercising his right to just compensation


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vi. Reckoning point of market value of the property at the time of the filing, unless the filing took place way after the taking andthe landowner will be given undue incremental advantages, then at the time of the taking, NAPOCOR v. CA

a. But in Eslaban v. Onorio (2001 case), the rule is at the time of filing or taking, whichever comes first.b. NAPOCOR v. Hensonbasis of just compensation is character of land at the time of the taking.c. If by LGU, because of the LGC, reckoning point is at the time of the taking.

vii. Entitlement of owner to interest Nepomuceno v. Surigaoearns interest from the time the amount of just compensation isdetermined. But it is in the nature of legal interest as to forbearance of money.

viii. Who else may entitled to just compensation not only to the owner but also to those who have a lawful interest in the propertyto be condemned including a mortgagee, a lessee , etc.

ix. Title to the property does not pass until after paymenta. Republic v. Salemowner may still dispose the same pending payment of just compensationb. City of Manila v. Roxastaxes paid by the owner after the taking of the expropriator are reimbursable.

x. Right of owner in case of non-payment of just compensation as rule non-payment does not give owner right to recover butonly to demand payment

a. Republic v. Vicente Lim (2005) where government fails to pay within 5 years from the finality of judgment of theexpropriation proceedings, the owners shall have the right to recover possession of their property.

f)Due Process of Law chance to be heard on the question of the propriety of the expropriation and the reasonableness of thecompensation to be paid for the property.

4. Writ of possession issuance of Writ of Possession is ministerial upon filing of the case and deposit of 15% of FMV as per current tax declaration.5. Plaintiffs right to dismiss the complaint -6. Right to repurchase or re-acquire the property depends upon the character of the title acquired by the expropriator. If there is no provision for

repurchase in case of change in purpose or abandonment, then there is no ground for seeking repurchase. Mactan-Cebu International Airport v.

CA

7. Expropriation under Art XII Sec 18. The State may, in the interest of national welfare or defense, establish and operate vital industries and, uponpayment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government.

a)Distinguish from Art XII Sec 17. In times of national emergency, when the public interest so requires, the State may, during theemergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-owned public

utility or business affected with public interest.

i. Agan v. PIATCOSection 17 Art XII is police power.ii. Takes over operation not ownership, so there is no need for just compensation

iii. David v. Macapagal-Arroyoshould be exercised by legislature, but may delegated8. Expropriation Under Secs. 4 and 9 Art XIII

a)CARL use of eminent domain to accomplish the police objectiveb)UDHA


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i. Filstream v. CA Expropriation proceedings may only be resorted to only when the other modes of acquisition have beenexhausted

ii. City of Mandaluyong v. Franciscolands for socialized housing are to be acquired in the following order:a. Government landsb. Alienable lands of public domainc. Unregistered, abandoned or idle landsd. Lands within the declared Areas for Priority Development, Zonal Improvement Program sites, Slum improvement and

resettlement sites which have not yet been acquired

e. BLISS sites which have not yet been acquiredf. Privately owned lands

The mode of expropriation is subject to 2 conditions:

a) It shall be resorted to only when the other modes of acquisition have been exhaustedb) Parcels owned by small property owners are exempt from such acquisition

a. Small Property owners are:i. Owners of residential lands with an are of not more than 300 sqm in HUC and not more than

800 in other urban areas

ii. They do not own residential property other than the sameD. Power of Taxation

1. Who may exercise Legislature, LGUs, and President with delegated Tariff Powers2. Limitations on the Exercise

a)Due Process of Law should not be confiscatoryi. Tan v. del Rosario - courts can strike down tax measures which are unconscionable

b)Equal Protection taxes should be uniform and equitable [Sec 28 (1) Art VI]c)Public Purpose

i. Tax for special purpose [Sec 29 (3) Art VI] if there is excess shall be transferred to the general fund3. Double Taxation Additional taxes laid on the same subject by the same taxing jurisdiction during the same taxing period and for the same

purpose

a)No constitutional prohibition but will not be allowed if it will violate the equal protection clause4. Tax Exemptions [Sec 28(4) Art VI] No law granting any tax exemption shall be passed without the concurrence of a majority of all the members of

congress


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a)Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands,buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt

from taxation. Sec 28 (3) Art VI

b)All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposesshall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall

be disposed of in the manner provided by law. Proprietary educational institutions, including those cooperatively owned, may likewise

be entitled to such exemptions, subject to the limitations provided by law, including restrictions on dividends and provisions for

reinvestment. Sec 4 (3) Art XIV

c)Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively foreducational purposes shall be exempt from tax. Sec 4 (4) Art XIV

d)Where tax exemption was granted gratuitously, it may be revoked at will, but not if there was a valuable consideration.5. Police Power v. TaxationGerochi v. DOEdistinction rests in the purpose for which the charge is made. If generation of revenue is the primary

purpose, it is a tax. If the charge is only incidental to regulation, it is an exercise of police power.

a)License Fee v. Taxi. License fee is a police measure; tax is a revenue measure

ii. Amount of collected license fee is limited to cost of permit and reasonable police regulation; tax may be unlimited provided it isnot confiscatory

iii. License fee is paid for the privilege of doing something; tax is imposed on persons or property for revenueb)Kinds of License Fee

i. For useful occupationsii. For non-useful occupations or enterprises. In this case, license fee may be a bit exhorbitant

6. Supremacy of National Government over local governments in taxation LGUs cannot tax properties owned by the National GovernmentV. PRINCIPLES AND STATE POLICIES

A. Preamble1. Does not confer rights or impose duties 2. Indicates authorship of the Constitution; 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 authorityemanates from them.

1. Essential features: representation and renovation (?)2. Manifestations

a)Ours is a government of laws and not of men (Villavicencio v. Lukban)


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b)Rule of the majority (plurality in elections)c)Accountability of Public Officialsd)Bill of Rightse)Legislature cannot pass irrepealable lawsf)Separation of powers

i. Purpose: to prevent concentration of authority in one person or group of persons that might lead to an irreversible error orabuse in its exercise to the detriment of republican institutions

ii. La Bugal co-equal branches should not interfere in their official functionsiii. Application: Not doctrinaire nor with pedantic rigor, independence but interdependence

a. Maceda v. Vasquezinvestigation of ombudsman on RTC judge encroaches on judicial independenceiv. Principle of Blending of Powers when powers are not confined in one department but shared, e.g. enactement of general

appropriations law

v. Principle of Checks and Balance allows one department to resist encroachment or rectify mistakes or excesses committed bythe other departments, e.g. veto power

vi. Role of the Judiciary Judicial reviewa. First test is determine whether the power has been conferred expressly, or if not expressly, through necessary

implication

b. Political question question of policy. It refers to those questions which under the constitution, are to be decided by thepeople in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative

or executive branch of government. It is concerned with issues dependent on the wisdom, not the legality of a particular

measure (not justiciable except if there has been grave abuse of discretion amounting to lack or excess of jurisdiction)

g)Delegation of powersi. Rule: POTESTAS DELEGATA NON POTEST DELEGARE - no delegated powers can be further delegated

a. Jaworski v. PAGCORPAGCOR cannot grant franchise to operate a gambling enterpriseii. Permissible Delegation

a. Tariff Powers to the President [Sec 28 (2) Art VI] The Congress may, by law, authorize the President to fix withinspecified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export

quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development

program of the Government.

b. Emergency Powers to the President [Sec 23 (2) Art VI] In times of war or other national emergency, the Congressmay, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to

exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution

of the Congress, such powers shall cease upon the next adjournment thereof.

i. Different from authority of the president to declare a state of emergency and to exercise emergency powers.c. Delegation to the People (referendum)d. Delegation to Local Government Units (RA 7160, Local Government Code)e. Delegation to Administrative Bodies The power of Subordinate Legislation aka Rule-Making Powers


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iii. Tests for Valid Delegation Both tests need to be complied with. Pelaez v. Auditor Generala. Completeness TestThe law must be complete in all its essential terms and conditions when it leaves the legislature so

that there will be nothing left for the delegate to do when it reaches him except to enforce it.

b. Sufficient Standard Test A sufficient standard is intended to map out the boundaries of the delegates authority bydefinig the legislative policy and indicating the circumstances under which it is to be pursued and effected.

C. The Incorporation Clause [Sec 2 Art II] The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles ofinternational 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. Doctrine of Incorporation by virtue of this clause, our courts have applied rules of international law in a number of cases even if such rules hadnot been previously been the subject of statutory enactments, because these generally accepted principles of international law are

automatically part of our own laws.

a)Generally accepted principles of international law refers to norms of general or customary international law which are binding on allstates.

b)Under 1987 Constitution, international law can become part of the sphere of domestic law through:i. Incorporationii. Transformation through local legislation

c)In our jurisdiction, in case of conflict, municipal law governsD. Civilian Supremacy Art II 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.

1. Art VII Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, hemay 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. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ

of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a

majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by

the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period

to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules

without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of

martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days

from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative

assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor

automatically suspend the privilege of the writ.


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The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly

connected with invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise

he shall be released.

E. Duty to defend State Art II Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the peopleto 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.

F. Separation of Church and State Art II Sec 6. The separation of church and state shall be inviolable.1. Reinforced by:

a)Sec 5 Art III. Freedom of Religion Clauseb)Sec 3 (5) Art IX-C. Religious sect cannot be registered as political partyc)Sec 5 (2), Art VI. No Sectoral Representative from the religious sectord)Sec 29 (2) Art VI. Prohibition on against appropriation for sectarian benefit

2. Exceptions:a)Sec 28 (3) Art VI. Churches, parsonages, etc. actually, directly and exclusively used for religious purposes shall be exempt from taxationb)Sec 29 (2) Art VI. Prohibition on against appropriation for sectarian benefit, except when priest , etc. is assigned to the armed forces, or

to any penal institution or government orphanage or leprosarium

c)Sec r (3) Art XIV. Optional religious instruction for public elementary and high school studentsd)Sec 4 (2) Art XIV. Filipino ownership requirement for educational institutions except those established by religious groups and mission

boards.

G. Independent Foreign Policy and Nuclear Free Philippines1. Art II 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.

2. Art II Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in itsterritory.

H. Just and Dynamic Social Order ArtII Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity andindependence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising

standard of living, and an improved quality of life for all.

1. PREAMBLE - We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish aGovernment 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.

I. Promotion of Social Justice Art II Section 10. The State shall promote social justice in all phases of national development.J. Respect for Human Dignity Art II Section 11. The State values the dignity of every human person and guarantees full respect for human rights.


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K. Family and Youth1. Art II 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 support of the Government.

2. Art II 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.

L. Fundamental equality of women and men Art II Section 14. The State recognizes the role of women in nation-building, and shall ensure thefundamental equality before the law of women and men.

1. PTT v. NLRCpolicy where women contract marriage are disqualified is discriminatoryM. Promotion of health and ecology

1. Art II Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.2. Art II 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.

3. Oposa v, Factorancase where SC recognized minors rights to a balanced and healthful ecologyN. Priority to education, science and technology Art II 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.

1. Philippine Merchant Maritime School v.CA school regulation is based on the above principle2. Guingona v, CaragueArt XIV Sec 5 on highest budgetary priority to education is merely directory

O. Protection to Labor Art II Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promotetheir welfare.

P. Self-reliant and independent economic order1. Art II Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.2. Art II Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to

needed investments.

Q. Land reform Art II Section 21. The State shall promote comprehensive rural development and agrarian reform.R. Indigenous cultural communities Art II. Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the

framework of national unity and development.

S. Independent Peoples Organizations Art II Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations thatpromote the welfare of the nation.

T. Communication and information in nation-building - Art II Section 24. The State recognizes the vital role of communication and information in nation-building.

U. Autonomy of Local Governments Art II Section 25. The State shall ensure the autonomy of local governments.1. Basco v. PAGCORAutonomy simply means decentralization and does not LGUs sovereigns within a State


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2. Judge Dadole v. COAExercise of local autonomy is subject to the power of Control by Congress and the power of general supervision by thepresident

V. Equal Opportunities for Public Service Art II Section 26. The State shall guarantee equal access to opportunities for public service and prohibit politicaldynasties as may be defined by law.

W. Honest public service and full public disclosure1. Art II Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and

corruption.

2. Art II Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all itstransactions involving public interest.

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