Principles and State Policies

A. Preamble
- does not confer rights nor impose
duties
- 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.
Cont…
This portion of the Constitution (Article II) might
be called the basic political creed of the nation.
It is the statement basic ideological principles
and policies that underlie the Constitution.
The provisions shed light on the meaning of the
other provisions of the Constitution and they are a
guide for all departments of the government in
the implementation of the Constitution.
 Republicanism
Sec. 1, Article II: “ The Philippines is a
democratic and republican state.
Sovereignty resides in the people and all
government authority emanates from them”

Essential features: representation and

renovation
Cont…
Manifestations:
a. Ours is a government of laws and not of
men (Villavicencio v. Lukban, 39 Phil 773).
b. Rule of majority (plurality in elections)
c. Accountability of public officials
d. Bill of rights
e. Legislature cannot pass irrepealable laws
f. Separation of powers
 Republicanism; purpose
To prevent the concentration of
authority in one person or group of persons
that might lead to an irreversible error or
abuse in its exercise to the detriment of
republican institutions.

To secure action, to forestall overaction, to

prevent despotism and to obtain efficiency.
Cont…
In La Bugal-B’laan tribal Association v. Ramos GR
No. 127882, the Court restrained itself from
intruding into public matters to allow the
President and Congress maximum discretion
in using the mineral resources of our country and
in securing the assistance of foreign groups to
eradicate the grinding poverty of our people and
answer their cry for viable employment
opportunities in the country.
Cont…
The judiciary is loathe to interfere
with the due exercise by co-equal
branches of government of their
official functions. Let the
development of the mining industry be
the responsibility of the political
branches of the government.
Cont…
In the absence of any administrative
action taken against the RTC judge by the SC
with regard to the former’s certificate of
service, the investigation conducted by the
Ombudsman encroaches into the Supreme
Court’s power of administrative supervision
over all courts and its personnel, in violation
of the doctrine of separation of powers.
Principle of Blending of Powers
Instances when powers are not confined
exclusively within one department but are
assigned to or shared by several
departments, e.g., enactment of general
appropriations law.
 Principle of Checks and Balances
This allow one department to resist encroachment
upon its prerogatives or to rectify mistakes or excesses
committed by other departments, e.g., veto power of
the president as check on improvident legislation, etc.
 Role of the Judiciary
The judicial power as defined in Sec. 1, Art.
VIII, “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 nor there has been
grave abuse of discretion amounting to
lack or excess of jurisdiction on the part
of any branch or instrumentality of the
government.”
Cont…
Note that when the court mediates to
allocate constitutional boundaries or
invalidates the acts of a coordinate
body, what it upholds is not its own
superiority but the supremacy of the
Constitution.
Cont…
The first and safest criterion to
determine whether a given power has
been validly exercised by a particular
department is whether or not the
power has been constitutionally
conferred upon the department
claiming its exercise---since the
conferment is usually done expressly.
Cont…
However, even in the absence of
express conferment, the exercise of
the power may be justified under the
“doctrine of necessary implication”,
i.e., that the grant of an express power
carries with it all the powers that
may be reasonably inferred from it.
Cont…
Note also that there are powers which although
not expressly conferred nor implied therefrom,
are inherent or incidental, e.g., the President’s
power to deport undesirable aliens which may
be exercised independently of constitutional or
statutory authority, because it is an “Act of State”.

In Marcos v. Manglapus, 178 SCRA 760, the SC

justified the action of Pres. Aquino in banning the
return of the Marcoses to the Philippines on the
basis of the President’s residual powers.
 Delegation of Powers
Rule: “Potestas delegata non potest
delegare”, based on the ethical principle
that delegated power constitute not only a
right but a duty to be performed by the
delegate through the instrumentality of his
own judgment and not through the
intervening mind of another.
Cont…
In Jaworski v. PAGCOR, GR No.
1444463, while PAGCOR is allowed
under its charter to enter into operator’s
and/or management contracts, it is not
allowed to relinquish or share its
franchise, much less grant a veritable
franchise to another entity.
 Permissible Delegation
1. Tariff powers to the President, as specifically
provided in Sec. 28 (2), Article VI “Congress
may, by law, authorize the President to fix
within specified limits, and subjects 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 Gov’t.
 Permissible Delegation
2. Emergency Powers to the President
- as provided in Sec 23 (2), Article VI “in times of
war or other national emergency, the Congress
may, 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 power shall cease upon the next
adjournment thereof.”
 Permissible Delegation
3. Delegation to the People
-in the case of People v. Vera, 65 Phil 56, the
SC said that courts have sustained the
delegation of legislative power to the
people at large. Under the 1987
Constitution, there are specific provisions
where the people have reserved to
themselves the function of legislation.
 Permissible Delegation
4. Delegation to LGU’s
-such legislation (by the LGU) is not
regarded as a transfer of general
legislative power, but rather as the grant of
the authority to prescribe local
regulations, according to immemorial
practice, subject, of course, to the
interposition of the superior in cases of
necessity.
 Permissible Delegation
5. Delegation to Administrative Bodies
- “the power of subordinate legislation”
-in Osmena v. Orbos, it was held that there
was no undue delegation of legislative
power in the authority granted by legislature
to the Energy Regulatory Board to impose
additional amounts to augment the
resources of the Oil Stabilization Fund.
 Test for Valid Delegation
1. Completeness Test
- The 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.
 Test for Valid Delegation
2. Sufficient Standard test
- is intended to map out the boundaries of
the delegate’s authority by defining the
legislative policy and indicating the
circumstances under which it is to be pursued
and effected.
-this is intended to prevent a total
transference of legislative power from the
legislature to the delegate.
Cont…
In Gerochi v. Department of Energy, GR No. 159796,
the Court held that the EPIRA, read and appreciated
in its entirety, in relation to Sec. 34 thereof, is
complete in all its essential terms and
conditions, and that it contains sufficient
standards. Provisions of the EPIRA such as among
others, “to ensure the total electrification of the
country and the quality, reliability, security and
affordability of the supply of electric power”, and
watershed rehabilitation and management are
“sufficient standards”, as they provide the
limitations on the Energy Regulatory Commission’s
power to formulate the Implementing Rules and
Regulations.
The Incorporation Clause (Sec. 2, Art. II)
“ 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”
 Doctrine of Incorporation
By virtue of this clause, our Courts have
applied the rules of international law in
number of cases even if such rule had not
previously been subject of statutory
enactments, because these generally
accepted principles of international law
are automatically part of our own laws.
Cont…
The phrase “generally accepted
principles of international law” refers to
norms of general customary
international law which are binding on all
states, e.g., renunciation of war as an
instrument of national policy, sovereign
immunity, a person’s life, liberty and due
process, and pacta sunt servanda.
Cont…
Under the 1987 Constitution, international law can become
part of the sphere of domestic law either by transformation
or by incorporation.

The transformation method requires that an international

law principle be transformed into domestic law through a
constitutional mechanism, such as local legislation.

The incorporation method applies when by mere

constitutional declaration, international law is deemed to
have the force of domestic law.
Cont…
The doctrine of incorporation is applied
whenever municipal tribunal or local courts
are confronted with situations in which there
appears to be a conflict between a rule of
international law and the provisions of the
constitution or statute of the local state.
Efforts should first be exerted to harmonize
them so as to give effect to both.
Cont…
In a situation, however, where the conflict is
irreconcilable and a choice has to be made
between a rule of international law and municipal
law, jurisprudence dictates that municipal law
should be upheld by the municipal courts.

In Ichong v. Hernandez, 101 Phil 115, the reason

given by the Court was that the Retail Trade
National Laws was passed in the exercise of the
police power which cannot be bargained away
through the medium of a treaty or a contract.
Cont…
However, as applied in most countries, the
doctrine of incorporation dictates that rules of
international law are given equal standing with,
and are not superior to, national legislative
enactments.
Accordingly, the principle of lex posterior
derogat priori takes effect.
In states where the Constitution is the highest law
of the land, such as the RP, both statutes and
treaties may be invalidated if they are in
conflict with the Constitution.
 Civilian Supremacy (sec. 3, Art. II)
“Civilian authority is, at all times,
supreme over the military. The
Armed Forces of the Philippines is the
protector of the people and the State.
Its goal is to secure the sovereignty of
the state and the integrity of the
national territory.”
 Reasons for the existence of the armed
forces
1. As protector of the people and the State.
2. To secure the sovereignty of the State and
the integrity of the national territory.
3. They may be called to prevent or suppress
lawless violence, invasion or rebellion.
4. All members of the armed forces shall take
an oath or affirmation to uphold and
defend the Constitution.
Composition and Political Involvement
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 b law. (Article XVI, Sec. 4)
The AF shall be insulated from partisan
politics. No member of the military shall
engage directly or indirectly in any partisan
political activity, except to vote (Art. XVI, Sec.
5)
Duty of Government; people to defend the
State (Sec. 4, Art II)
The prime duty of the government is to serve and
protect the people. The Government may call
upon the people to defend the State and, in the
fulfillment thereto, all citizens may be required,
under conditions provided by law, to render
personal military or civil service.”
Sec. 5, Art. II. “the maintenance of peace and
order, the protection of life, liberty and property,
and the promotion of the general welfare are
essential for the enjoyment by all the people of the
blessings of democracy.”
 Right to bear arms
The right to bear arms is a statutory, not a
constitutional right.
The license to carry a firearm is neither a
property nor a property right. Neither does it
create a vested right.
The maintenance of peace and order, and the
protection of the people against violence are
constitutional duties of the State, and the right to
bear arms is to be construed in connection and in
harmony with these constitutional duties.
Separation of Church and State (sec. 6, Art.
II)
“the separation of Church and State shall
be inviolable”
“Strong fences make good neighbors.”
The idea is to delineate boundaries
between the two institutions and thus avoid
encroachments by one against the other
because of misunderstanding of the
limits of their respective exclusive
jurisdictions.
Who is prohibited from interfering
The doctrine cuts both ways.
It is not only the State that is
prohibited from interfering in purely
ecclesiastical affairs; the church is
likewise barred from meddling in
purely secular matters.
 Separation of Church and State is
reinforced by:
Freedom of religion clause (Article III,
Section 5)
Religious sect cannot be registered as a
political party (Article IX-C, Sec. 2 (5)
No sectoral representatives from the
religious sector (Article VI, Sec. 5(2)
Prohibition against appropriation for
sectarian benefit (Article VI, sec 29(2)
Exceptions:
Churches, parsonages, etc., actually, directly and
exclusively used for religious purposes shall be
exempt from taxation (Art. VI, Sec. 28(3).
When priest, preacher, minister or dignitary is
assigned to armed forces, or any penal institution or
government orphanage or leprosarium, public money
may be paid to them. (Art. VI, Sec. 29(2).
Optional religious instruction for public
elementary and high school students (Article XIV,
Sec. 3(3)
Filipino ownership requirement for educational
institutions, except those established by religious
groups and mission boards.
Independent foreign policy and nuclear free
Philippines (Sec. 7&8, Art. II)
“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.” (sec. 7)
Cont…
“the Philippines consistent with the national
interest, adopts and pursues a policy of
freedom from nuclear weapons in its
territory.” (sec. 8)

Scope of the policy

- the policy includes the prohibition not only of
the possession, control, and manufacture of
nuclear weapons but also nuclear arm tests.
Exception to the Policy:
Exception to this policy may be made
by the political department but it must
be justified by the demands of the
national interest.

The policy does not prohibit the

peaceful use of nuclear energy.
Just and dynamic social order (sec. 9, Art.
II)
“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.”
Cont…
It is just a general principle.
Sections of Article II which are mere principles
and not ready for enforcement through the
courts.
They are used by the judiciary as aids or as
guides in the exercise of its power of
judicial review, and by the legislature in the
enactment of laws. (Tondo Medical Center v.
CA, 527 SCRA 746).
Promotion of Social Justice (Sec. 10, Art. II)
“the state shall promote social justice in all
phases of national development.”
Social Justice
-is neither communism, nor despotism, nor
atomism, nor anarchy, but the humanization of
the laws and the equalization of the social and
economic forces by the State so that justice in its
rational and objectively secular conception may at
least be approximated (Calalang v. Williams)
Cont…
Social justice simply means the
equalization of economic, political
and social opportunities with special
emphasis of the duty of the State to
tilt the balance of social forces by
favoring the disadvantaged in life.
 Respect for human dignity and human
rights (sec. 11, Art. II)
“the state values the dignity of every
person and guarantees full respect for
human rights.”

The concretization of this provision is

found principally in the Bill of Rights and
in the human rights provision of Art. XIII)
Cont…
In Basco v. PAGCOR, 197 SCRA 52, the petitioners
questioned the constitutionality of PD 1869, which
created the PAGCOR and authorized it to operate
gambling casinos, on the ground that it violated
sections 11, 12 and 13 of Art. II of the
Constitution. The SC declared that the
mentioned provisions are merely statements of
policies which are not self-executing. A law has
to be passed to implement them.
 Family and Youth (Sec. 12, Art. II)
“the staterecognizes 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.
Cont…
Family means a stable heterosexual
relationship.
The family is not a creature of State.
The effect of the declaration of family
autonomy is that it accepts the principle
that the family is anterior to the State
and not a creature of the State. It protects
the family from instrumentalization by the
State.
Purpose of assertion of Protection of the
Unborn
The purpose of the assertion that the
protection begins from the time of
conception is to prevent the State from
adopting the doctrine in Roe v. Wade
which liberalize abortion laws up to the 6
month of pregnancy by allowing abortion
any time during the 1st 6 months of
pregnancy provided it can be done without
danger to the mother.
Legal meaning of the protection guaranteed for the unborn
This is not an assertion that the unborn is a legal
person.
This is not an assertion that the life of the unborn
is placed exactly on the level of the life of the
mother.
When necessary to save the life of the mother, the
life of the unborn may be sacrificed; but not
when the purpose is merely to save the mother
from emotional suffering, for which other
remedies must be sought, or to spare the child
from a life of poverty, which can be attended to by
welfare institutions.
 Section 13, Article II
“the State recognizes the vital role of the
youth in nation building and shall
promote and protect their physical, moral,
spiritual, intellectual and social well-being.
It shall inculcate in the youth patriotism
and nationalism, and encourage their
involvement in public and civic affairs.”
Cont…
In the matter of education, the primary and
natural right belongs to the parents. The
State has secondary and supportive role.
The State cannot require children to attend
only public schools before they reach a
certain age. The child is not a mere
creature of the State.
Those who nurture him and direct his
destiny have the right to recognize and
prepare him (Pierce v. Society of Sisters).
Cont…
RA 7610 which penalizes child
prostitution and other sexual abuses,
was enacted in consonance with the
policy of the State to provide special
protection to children from all
forms of abuse. Thus, the Court
grants the victim full vindication and
protection granted under the law.
Fundamental equality of men and women
(sec. 14, Art. II)
“the State recognizes the role of women in nation-
building and shall ensure the fundamental
equality before the law of women and men.”

Note: the provision is so worded as not to

automatically dislocate the Civil Code and the Civil
law jurisprudence on the subject. What it does is to
give impetus to the removal, through statutes, of
existing inequalities.
Cont…
The general idea is for the law to ignore sex
where sex is not a relevant factor in determining
rights and duties. Nor is the provision meant to
ignore customs and traditions.
In Philippine Telegraph and Telephone Co. v.
NLRC, the SC held that the petitioner’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, which is guaranteed all
women workers under the Constitution.
Cont…
While a requirement that a woman
employee must remain unmarried may be
justified as a “bona fide qualification”
where the particular requirements of the
job would demand the same,
discrimination against married women
cannot be adopted by the employer as a
general principle.
Promotion of Health and Ecology (Sec. 15 & 16,
Art. II)
“the State shall protect and promote the
right to health of the people and instill
health consciousness among them”.

“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.”
Cont…
In Oposa v. Factoran, 224 SCRA 792, it was held
that the petitioners minor duly joined by their
respective parents, had a valid cause of action in
questioning the continued grant of Timber License
Agreements (TLAs) for commercial logging
purposes, because the cause focuses on a
fundamental legal right: the right to a
balanced and healthful ecology.
Sec. 16 provides for enforceable rights. Hence,
appeal to it has been recognized as conferring
“standing” on minors to challenge logging policies
of the government (Oposa v. Factoran).
Cont…
While the right to a balanced and healthful
ecology is to be found under the declaration of
Principles and State Policies and not under the Bill
of Rights, it does not follow that it is less
important than any of the civil and political rights
enumerated in the latter. Such a right belongs to a
different category of rights for it concerns
nothing less than self-preservation and self-
perpetuation. These basic rights need not even
be written in the Constitution for they assumed
to exist from the inception of humankind.
Cont…
On this basis too, the SC upheld the
empowerment of the Laguna Lake
Development Authority (LLDA) to protect
the inhabitants of the Laguna Lake Area
from the deleterious effects of pollutants
coming from garbage dumping and the
discharge of wastes in the area as against
the local autonomy claim of local
governments in the area. (LLDA v. CA)
Cont…
In C and M Timber Corporation v. Alcala,
Gr No. 111088, on the issue that the “total
log ban” is a new policy which should be
applied prospectively and not affect the
rights of petitioner vested under the
TLA, the SC declared that this is not a new
policy but a mere reiteration of the policy of
conservation and protection expressed in
Sec. 16, Art. II of the Constitution.
Priority to education, science, technology,
etc.,(Sec. 17, Art. II)
“the State shall give priority to education, science
and technology, arts, culture and sports, to foster
patriotism, accelerate social progress, and promote
total human liberation and development.”

This does not mean that the government is not

free to balance the demands of education against
other competing and urgent demands (Guingona v.
Carague)
Cont…
In Philippine Merchant Marine School, Inc.
v. CA, 244 SCRA 770, the Court said that the
requirement that a school must first
obtain government authorization before
operating is based on the State policy that
educational programs and/or operations
shall be of good quality and, therefore,
shall at least satisfy minimum standards
with respect to curricula, teaching staff,
physical plant and facilities and
administrative and management viability.
Cont…
However, in Guingona v. Carague, 196 SCRA
221, and in Philconsa v. Enriquez, it was held
that Sec. 5, Article XIV, 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.
Cont…
While it is true that this Court has upheld
the constitutional right of every citizen to
select a profession or course of study
subject to fair, reasonable and equitable
admission and academic requirements, the
exercise of this right may be regulated
pursuant to the police power of the State
to safeguard health, morals, peace,
education, order, safety and general welfare.
Cont…
Thus, persons who desire to engage in the learned
professions requiring scientific or technical
knowledge may be required to take
examination as a prerequisite to engaging in
their chosen careers. This regulation assumes
particular pertinence in the field of medicine, in
order to protect the public from the potentially
deadly effects of incompetence and ignorance
(Professional Regulation Commission v. de
Guzman, GR No. 144681).
Protection to labor (sec. 18, Art. II)
“the State affirms labor as a primary social
economic force. It shall protect the rights
of workers and promote their welfare.”

A “primary social force” means that the

human factor has primacy over non-
human factors of production.
Cont…
In JMM Promotion and Management v. CA, 260
SCRA 319, the SC said that obviously, protection
to labor does not indicate promotion of
employment alone. Under the welfare and social
justice provision of the Constitution, the
promotion of full employment, while desirable,
cannot take a backseat to the government’s
constitutional duty to provide mechanisms for
the protection of our workforce, local or
overseas.
Cont…
In Philippine Association of Service Exporters v.
Drilon, 163 SCRA 386, in reference to the recurring
problems faced by our overseas workers, “what
concerns the Constitution more paramountly is that
such an employment be above all, decent, just and
humane.” It is bad enough that the country has to
send its sons and daughters to strange lands,
because it cannot satisfy their employment needs at
home. Under these circumstances, the
Government is duty bound to provide them
adequate protection, personally and
economically, while away from home.
Cont…
In Bernardo v. NLRC, GR No. 122917, the SC held
that the Magna Carta for Disabled Persons
mandates that qualified disabled persons be
granted the same terms and conditions of
employment as qualified able-bodied
employees; thus, once they have attained the
status of regular workers, they should be
accorded all the benefits granted by law,
notwithstanding written or verbal contracts to the
contrary. This treatment is rooted not merely in
charity of accommodation, but in justice for all.
 Self-reliant and independent economic
order (Sec. 19 and 20)
“the State shall develop a self-reliant and
independent national economy effectively
controlled by Filipinos” (Section 19, Art.
II).
“The State recognizes the indispensable
role of the private sector, encourages
private enterprise, and provides
incentives to needed investments”
(Section 20, Art. II).
Cont…
In Tanada v. Angara, GR No. 118295, May 2,
1997, it was held that the World Trade
Organization (WTO) agreement does
not violate Section 19, Art. II, nor Sections
10 and 12, Art. XII, because the said sections
should be read and understood in
relation to section 1 and 13, Article XII,
which requires the pursuit of a trade policy
that “serves the general welfare and utilizes
all forms of arrangements of exchange on
the basis of equality and reciprocity.”
Cont…
The provisions of Article II are not intended to
be self-executing principles ready for
enforcement through courts. They do not embody
judicially enforceable rights, but guidelines for
legislation. The reasons for denying cause of
action to an alleged infringement of broad
constitutional principles are sourced from basic
considerations of due process and lack of
judicial authority to wade into the uncharted
ocean of social and economic policy-making.
Cont…
In Association of Philippine Coconut
Dessicators v. Philippine Coconut Authority,
GR No. 110526, the SC said that although the
Constitution enshrines free enterprise as a
policy, it nevertheless reserves to the
Government the power to intervene
whenever necessary for the promotion of
the general welfare, as reflected in Sec. 6
and 19, Art. XII.
Cont…
In Pharmaceutical and Health Care
Association of the Philippines v. Duque, GR
No. 17304, the Court held that free
enterprise does not call for the removal of
protective regulations. It must be clearly
explained and proven by competent
evidence how such protective regulations
would result in restraint of trade.
Cont…
In Espina v. Executive Secretary, GR No. 143855,
the SC said that RA 8762 (Retail Trade
Liberalization Act of 2000) is valid. While Sec. 19,
Art. II, requires the development of a self-reliant
and independent national economy effectively
controlled by Filipino entrepreneurs, it does not
impose a policy of Filipino monopoly of the
economic environment. Neither does the lessening
of restraints on foreigner’s right to property or to
engage in an ordinarily lawful business amount to
denial of the Filipinos right to property and to due
process of law.
 Land Reform (sec. 21, Art. II)
“the State shall promote comprehensive
rural development and agrarian
reform.”

Comprehensive rural development includes not

only agrarian reform. It also encompasses a
broad spectrum of social, economic, human,
cultural, political and even industrial development.
Indigenous cultural communities (sec. 22.
Art. II)
“the State recognizes and promotes
the rights of indigenous cultural
communities within the framework of
national unity and development.”
 Independent People’s Organization (Sec.
23. Art. II)
“the State shall encourage non-
governmental, community-based, or
sectoral organizations that promote the
welfare of the nation.”

The provision recognizes the principle that

volunteerism and participation of NGO in
national development should be encouraged.
Communication and information in nation
building (sec. 24, Art. II)
“The State recognizes the vital role
of communication and
information in nation-building.”
Cont…
The NTC is justified to require PLDT to
enter into an interconnection agreement
with a cellular mobile telephone system. The
order was issued in recognition of the
vital role of communications in nation-
building and to ensure that all users of the
public telecommunications service have
access to all other users of service within the
Philippines (PLDT v. NTC).
Autonomy of local governments (sec. 25,
Art. II)
“theState shall ensure the autonomy of local
governments.”

The principle of local autonomy under the

1987 Constitution simply means
“decentralization”; it does not make the local
governments sovereign within the State or an
imperium in imperii (Basco v. PAGCOR, GR
No. 91649).
Cont…
The Constitutional guarantee of local
autonomy refers to the administrative
autonomy of local government units or,
cast in more technical language, the
decentralization of government authority.
It does not make local governments
sovereign within the State.
Cont…
Administrative autonomy may involve the
devolution of powers, but subject to
limitations like following national policies or
standards, and those provided by the Local
Government Code, as the structuring of local
governments and the allocation of powers,
responsibilities and resources among the different
LGU’s and local officials have been placed by the
Constitution in the hands of Congress under Sec.
23, Art. X of the Constitution (League of Provinces
of the Philippines v. DENR, GR No. 175368, April 11,
2013).
Cont…
In Limbonas v. Mangelin, GR No. 80391, relative to
the establishment of the autonomous regional
governments in Regions IX and XII, the Court
distinguished between “decentralization of
administration” and “decentralization of
power”. The latter is abdication by the national
government of governmental powers; while the
former is merely delegation of administrative
powers to the LGU in order to broaden the
base of governmental powers.
Cont…
In Lina v. Pano, GR No. 129093, the SC said that
the basic relationship between the national
legislature and the local government units has
not been enfeebled by the new provisions in the
Constitution strengthening the policy of local
autonomy.
Congress retains control of the LGU’s although
in a significantly reduced degree now than under
our previous Constitutions. The power to create
still includes the power to destroy.
The power to grant still includes the power to
withhold or recall.
Cont…
True there are notable innovations in the
Constitution, like the direct conferment on LGU’s
of the power to tax (Sec. 5, Art. X), which cannot
now be withdrawn by mere statute.
By and large, however, the national legislature is
still the principal of LGU’s, which cannot defy its
will or modify or violate it.
Ours is still a unitary form of government, not a
federal state.
Being so, any form of autonomy granted to local
governments will necessarily be limited and
confined within the extent allowed by the central
authority.
Cont…
In City of General Santos v. Commission on
Audit, GR No. 199439, April 22, 2014, the
Court declared that the local autonomy
also grants local governments the power to
streamline and reorganize.

The power is inferred from sec. 76 of the

LGC, on organizational structure and
staffing pattern, and sec. 16, otherwise
known as the general welfare clause.
Cont…
In Enrique Betoy v. Board of Directors,
National Power Corporation, GR No. 156556-
57, October 4, 2011, it was held that the
streamlining of organization for a more
efficient system must pass the test of good
faith.
In General Santos case, the reorganization,
which includes enticing employees to retire
earlier than the compulsory retirement age
of 65, was a valid exercise of local
autonomy because it was done in good
faith.
Cont…
However, even as we recognize that the
Constitution guarantees autonomy to LGU’s,
the exercise of local autonomy remains
subject to the “power of control” by
Congress and the “power of general
supervision” by the President (Judge
Dadole v. Commission on Audit, GR No.
125350, December 3, 2002).
Cont…
On the President’s power of general
supervision, however, the President can only
interfere in the affairs and activities of a local
government unit if he or she finds that the latter
had acted contrary to law.
The President or any of his alter egos, cannot
interfere in local affairs as long as the concerned
LGU acts within the parameters of the law and
the Constitution.
Cont…
Any directive, therefore, by the President or
any of his alter egos seeking to alter the
wisdom of a law-conforming judgment on
local affairs of a LGU is a patent nullity,
because it violates the principle of local
autonomy, as well as the doctrine of
separation of powers of the executive and
legislative departments in governing
municipal corporations (Judge Dadole v.
COA).
Cont…
Since the President exercises only the
power of general supervision over LGU’s,
the grant of additional compensation, like
hospitalization and health care insurance
benefits to local government officials and
employees does not require the approval
of the President for validity (Province of
Negros Occidental v. The Commissioners,
Commission on Audit, GR No. 182574,
September 28, 2010).
 Equal access of opportunities for public
services (Sec. 26, Art. II)
“the State shall guarantee equal access of
opportunities for public service, and prohibit
political dynasties as may be defined by law.”

In Pamatong v. COMELEC, GR No. 161872, the SC

said that this provision does not bestow a right to
seek the Presidency; it does not contain a
judicially enforceable constitutional right and
merely specifies a guideline for legislative action.
Cont…
The provision is not intended to
compel the State to enact positive
measures that would accommodate as
many as possible into public office.
The privilege may be subjected to
limitations. One such valid limitation
is the provision of the Omnibus
Election Code on Nuisance
candidates.
Cont…
In Maquera v. Borra, GR No. L-24761, the SC
struck down as unconstitutional RA No. 4421
that required all candidates for elective office to
post a surety bond equivalent to one year’s salary
of the position to which he is aspiring, subject to
forfeiture if he fails to get at least 10% of the votes
cast except if declared winner.
These property qualifications, according to the
Court, are inconsistent with the nature and
essence of Republican system ordained in our
Constitution and the principle of social justice
underlying the same.
Honest public service and full public
disclosure (sec. 27 and 28, Art. II)
“the State shall maintain honesty and integrity
in the public service and take positive and effective
measures against graft and corruption.” (Sec. 27,
Art. II)
“subject to reasonable conditions prescribed by
law, the State adopts and implements a policy of
full public disclosure of all its transactions
involving public interest.” Sec. 28, Art. II)
Cont…
It is well established in jurisprudence that
neither the right to information nor the
policy of full public disclosure is
absolute, there being matters which, albeit
of public concern or public interest, are
recognized as privileged in nature.
(Akbayan v. Aquino, 2008)