STATE PRINCIPLES AND POLICIES

Chapter IV: State Principles and State Policies

  • Significance of the Constitution

    • The constitution is the cornerstone of a state's legal system.

    • It defines the limits of power exercised by political organs.

    • Represents the values and identity of the national community.

    • Many constitutions, including the 1987 Constitution of the Philippines, fail to address distributive justice concretely (e.g., nutrition, shelter).

    • Legislative output over three decades reflects the embodiment of constitutional ideals into policies.

  • Learning Outcomes

    1. Explain key principles underlying the Philippine Constitution:

    • Republicanism

    • Defense of the state

    • Peace and order

    • Rearing of youth and women

    • Social justice

    • Separation of church and state

    • Supremacy of civilian authority

    • Local autonomy

    1. Articulate statutes promoting provisions in the declaration of state policies and principles.

General Principle

  • Self-Execution of Constitution

    • All constitutional provisions are self-executing unless specified otherwise.

    • Exceptions: Provisions laying down general principles (e.g., declaration of principles and state policies) require implementing legislation.

    • Self-Executing State Policies:

    1. Right to a balanced ecology (Oposa v. Factoran, G.R. No. 101083)

    2. Health protection (Imbong v. Executive Secretary, G.R. No. 204819)

    3. Right to information (Legaspi v. CSC, G.R. No. L-72119)

    4. Filipino First Policy (Manila Prince Hotel v. GSIS, G.R. No. 122156)

Key Articles in the 1987 Constitution

  • Article II, Section 1 - Democratic Framework

    • Establishes sovereignty in the people and authority emanating from them.

  • Article II, Section 2 - Foreign Relations

    • Renounces war as a national policy.

    • Adopts international law principles and the policy of peace, equality, and justice.

  • Article II, Section 3 - Civilian Supremacy

    • Civilian authority is supreme over the military.

    • Armed Forces protect the people and the state.

  • Article II, Section 4 - Prime Duty of Government

    • Duty to protect and serve the people rather than solely defending the state.

    • Compulsory military service can be instituted.

Separation of Church and State

  • Article II, Section 6

    • Guarantees inviolable separation of church and state.

    • No laws governing or restricting religious belief.

    • Illustrative Cases:

    • Exemption from taxes for religious texts (American Bible Society v. Manila).

    • Government activities involving religion can coexist with constitutional provisions without violation (e.g., festivals).

  • Rights Protection in Religious Contexts

    • Freedom from compelled union participation (Victoriano v. Elizalde).

    • Recognition of individual religious beliefs (e.g., Jehovah’s Witnesses and flag salute).

Dynamic Social Order and Social Justice

  • Article II, Section 9

    • Promotes social order and aims to reduce poverty through adequate social services and full employment.

  • Article II, Section 10

    • Explicitly articulates the state’s policy of social justice in national development.

Human Rights and Human Dignity

  • Article II, Section 11

    • Values the dignity of every person and guarantees human rights.

    • Established the Commission on Human Rights as an independent body.

Family and Youth in Nation-Building

  • Article II, Section 12:

    • Recognizes family life and protects parents' rights in youth rearing.

    • Abortion treated as a felony; capital punishment for parricide.

  • Article II, Section 13:

    • Recognizes the youth's vital role and promotes their welfare and active participation.

Gender Equality and Women’s Rights

  • Article II, Section 14:

    • Acknowledges women's roles in nation-building and ensures equality before the law.

Right to Health and Ecology

  • Article II, Section 15:

    • Protects the right to health and promotes health consciousness.

  • Article II, Section 16:

    • Protects the right to a balanced and healthful ecology, with landmark case Oposa v. Factoran enforcing this right.

Right to Education and Labor

  • Article II, Section 17:

    • Prioritizes education for national progress.

  • Article II, Section 18:

    • Affirms labor as a primary economic force and protects workers' rights.

Economic Participation and Filipino First Policy

  • Article II, Section 19 - National Economy:

    • Strives for a self-reliant economy controlled by Filipinos.

  • Article II, Section 20:

    • Recognizes the private sector’s role and allows for foreign investments under stipulations.

Agrarian Reform and Indigenous Rights

  • Article II, Section 21 & 22:

    • Promotes comprehensive rural development and recognizes Indigenous rights.

People’s Participation

  • Article II, Section 23:

    • Encourages the participation of community organizations in governance through the Party-List System.

Transparency and Accountability in Governance

  • Article II, Section 26-28:

    • Ensure equal access to public service and transparency in government transactions.

General Welfare Clause**

  • Article II, Section 5:

    • Ensures maintenance of peace, liberty, and welfare as essential for enjoying democracy.