he 1987 Philippine Constitution: Article II - Presentation Transcript

1. Declaration of Principles and State Policies 2. Overview o What principles underlie state policy in the Philippines? o What is the content of Article II of the 1987 Philippine Constitution ? o How should Article II of the Constitution be understood ? 3. Article II o Composed of 28 sections o Sections 1 through 6 discuss state principles o Sections 7 through 28 outline state policies 4. PRINCIPLES 5. State Principles o Republican democracy  Democracy = periodic elections, etc.  Republicanism = rule through elected representatives  Overriding principle: o Sovereignty resides in the people . 6. State Principles o Renunciation of war and commitment to international law  Philippines cannot declare war on another country (offensive)  The country can only declare an existing state of war (defensive)  International law forms part of the countrys own laws 7. State Principles o Supremacy of civilian authority  Civilian authority takes precedence over military authority  The President is the Commander in Chief of the Armed Forces  The Armed Forces exist to protect the people and the state 8. State Principles o The prime duty of government is to serve and protect the people o Separation of Church and State  The government cannot establish, endorse or favor any religion  This separation shall be inviolable 9. POLICIES 10. State Policies o Pursuit of an independent foreign policy o Recognition of local government autonomy o Equal access to public service o Guarantee for human rights o Non-absolute ban on nuclear weapons in the national territory 11. State Policies o Preference for private-sector led economic development  Principle of subsidiarity o Safeguarding of labor rights

Rural development and agrarian reform Commitment to social justice  Preferential option for the poor 12. State Policies o Respect for the sanctity of the family, protection of the unborn and support for youth development  Prohibition on divorce  Prohibition on abortion o Safeguarding of the rights of indigenous communities 13. State Policies o Dedication to maintaining the integrity of the public service  Taking measures against graft and corruption o Freedom of information  Full public disclosure of government transactions involving the public interest 14. State Policies o Prohibition of political dynasties  To ensure equal access to public service  As defined by law o Encourage the development of civil society 15. - end o o

What do you understand by state immunity from suit? Explain. STATE IMMUNITY FROM SUIT means that the State cannot be sued without its consent. A corollary of such principle is that properties used by the State in the performance of its governmental functions cannot be subject to judicial execution.

How may consent of the state to be sued be given? Explain. Consent of the State to be sued may be made expressly as in the case of a specific, express provision of law as waiver of State immunity from suit is not inferred lightly (e.g. C.A. 327 as amended by PD 1445} or impliedly as when the State engages in proprietary functions (U.S. v. Ruiz, U.S. v. Guinto) or when it files a suit in which case the adverse party may file a counterclaim (Froilan v. Pan Oriental Shipping) or when the doctrine would in effect be used to perpetuate an injustice (Amigable v. Cuenca, 43 SCRA 360). It is said that waiver of immunity by the State does not mean a concession of its liability . What are the implications of this phrase? The phrase that waiver of immunity by the State does not mean a concession (the act of conceding) of liability means that by consenting to be sued, the State does not necessarily admit it is liable. As stated in Philippine Rock Industries, Inc. vs. Board of Liquidators, 180 SCRA 171, in such a case the State is

merely giving the plaintiff a chance to prove that the State is liable but the State retains the right to raise all lawful defenses.

Article 2.

State at least three constitutional provisions reflecting the State policy on transparency in matters of public interest. What is the purpose of said policy?

The following are the constitutional provisions reflecting the State policy on transparency in matters of public interest: 1. 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. (Section 28, Article II) 2. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded to citizen, subject to such limitations as may be provided by law. (Section 7, Article III) 3. The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member. (Section 20. Article VI) 4. The Office of the Ombudsman shall have the following powers, functions, and duties: XXX XXX (6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence, (Section 12, Article XI) 5. A public officer or employee shall, upon assumption of office, and as often as thereafter may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law. (Section 17, Article XI) 6. Information on foreign loans obtained or guaranteed by the Government shall be made available to the public. (Section 21 Article XII)

As explained In Valmonte v. Belmonte, 170 SCRA 256 (1989), the purpose of the policy is to protect the people from abuse of governmental power. If access to information of public concern is denied, the postulate public office is a public trust would be mere empty words. Sec. 2 What do you understand by the Doctrine of Incorporation in Constitutional Law? SUGGESTED ANSWER: The DOCTRINE OF INCORPORATION means that the rules of International law form part of the law of the land and no legislative action is required to make them applicable to a country. The Philippines follows this doctrine, because Section 2. Article II of the Constitution states that the Philippines adopts the generally accepted principles of international law as part of the law of the land.

Sec. 3.

Article II. Section 3, of the 1987 Constitution expresses, in part, that the Armed Forces of the Philippines is the protector of the people and (of) the State. Describe briefly what this provision means. Is the Philippine National Police covered by the same mandate? FIRST ALTERNATIVE ANSWER: Article II, Section 3 of the 1987 Constitution means that the Armed Forces of the Philippines should not serve the interest of the President but of the people and should not commit abuses against the people. (Record of the Constitutional Commission, Vol. V, p. 133.) This provision is specifically addressed to the Armed Forces of the Philippines and not to the Philippine National Police, because the latter is separate and distinct from the former. (Record of the Constitutional Commission, Vol. V, p. 296; Manalo v. Sistoza. 312 SCR A 239 [1999].) SECOND ALTERNATIVE ANSWER: Article II, Section 3 of the 1987 Constitution can be interpreted to mean that the Armed Forces of the Philippines can be a legitimate instrument for the overthrow of the civilian government if it has ceased to be the servant of the people. (Bernas, The 1987 Constitution of the Philippines: A Commentary, 2003 ed., p. 66.) This provision does not apply to the Philippine National Police, because it is separate and distinct from the Armed Forces of the Philippines. (Record of the Constitutional Commission, Vol. V, p. 296, Manalo v. Sistoza. 312 SCRA 239 [1999].)

A law changing the design of the Philippine flag. Is it Constitutional? ALTERNATIVE ANSWER: The law is invalid considering that under Article XVI, Section 1 of the 1987 Constitution, the flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law. Since the Constitution itself prescribes the design, it can only be changed by constitutional amendment. Pacta sunt servanda Once a contract is formed, the parties must strictly observe and comply with the contract. This doctrine is known as pacta sunt servanda (Latin) meaning that 'agreements must be kept'. Article 8(1) of the Contract Law provides that a lawfully established contract shall be legally binding on the parties thereto, who shall each perform its own obligations in accordance with the terms of the contract, and no party shall unilaterally modify or terminate the contract.