FUNDAMENTAL PRINCIPLES AND STATE POLICIES

people. (Bernas Primer, 2006 Edition)

Q: Are the provisions in Article II selfexecuting?

Note: The essence of republicanism is representation

and renovation, the selection by the citizenry of a corps
of public functionaries who derive their mandate from
the people and act on their behalf, serving for a limited
period only, after which they are replaced or retained at
the option of their principal.

A: No. By its very title, Article II of the Constitution is a

declaration of principles and state policies. However,
principles in Article II are not intended to be selfexecuting
principles ready for enforcement through the courts. The
judiciary uses them as aids or as guides in the exercise of
its power of judicial review, and by the legislature in its
enactment of laws. (Tondo Medical v. CA, G.R. No. 167324,
July 17, 2007)

Q: What is the State policy regarding war?A: The

State renounces war as an instrument of
national policy. (Sec. 2, Art. II, 1987 Constitution)

Note: As a general rule, these provisions are non self

executing. But a provision that is complete in itself, and
provides sufficient rules for the exercise of rights, is self
executing. Thus, certain provisions in Art. II are self
executing, one of which is that provided in Section 16, Art.
II, 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. (Oposa v. Factoran,
G.R. No. 101083, July, 30, 1993)

Q: Does the Philippines renounce defensive war?

A. No, because it is duty bound to defend its citizens.
Under the Constitution, the prime duty of the
government is to serve and protect the people.
Note: 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.
(Section 2, Article II, 1987 Constitution)

Q: What is a Republican State?

A: It is a state wherein all government authority emanates
from the people and is exercised by representatives chosen
by the people. (Dissenting Opinion of J. Puno, G.R. No.
148334, January 21, 2004 and Bernas Primer, 2006 Edition)
Q: What are the manifestations of Republicanism?
A: The following are the manifestations of Republicanism:

Q: What are the policies of the State on the

following?
1)

Working men

2)

Ecology

1)

Ours is a government of laws and not of

men.

3)

They symbols of statehood

2)

Rule of Majority (Plurality in elections)

4)

Cultural minorities

3)

Accountability of public officials

5)

Science and Technology

4)

Bill of Rights

5)

Legislature cannot pass irrepealable laws

6)

Separation of powers

A:

Note: In the view of the new Constitution, the Philippines is

not only a representative or republican state but also shares
some aspects of direct democracy such as initiative and
referendum.
Q: What do you
Authoritarianism?

understand

by

Constitutional

A: Constitutional authoritarianism as understood and

practiced in the Marcos regime under the 1973 constitution
was the assumption of extraordinary powers by the
President, including legislative and judicial and even
constituent powers.
Q: Is constitutional authoritarianism compatible
with a republican state?
A. Yes, if the Constitution upon which the Executive
bases his assumption of power is a legitimate expression
of the peoples will and if the Executive who assumes
power received his office through a valid election by the

1. Section 14, Article XIII of the Constitution, provides: The

State shall protect working women by providing safe and
healthful working conditions, taking into account their
maternal functions, and such facilities and opportunities
that will enhance their welfare and enable them to realize
their full potential in the service of the nation."
2. Section 16, Article II of the Constitution provides: The
State shall protect and advance the right of the people and
their posterity to a balanced and healthful ECOLOGY in
accord with the rhythm and harmony of nature."
3. Section 1, Article XVII of the Constitution provides: "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."
Section 2, Article XVI of the Constitution states: The
Congress may by law, adopt a new name for the country, a
national anthem, or a national seal, which shall all be truly
reflective and symbolic of the ideals, history, and traditions
of the people. Such law shall take effect only upon its
ratification by the people in a national referendum."

4. Section 22, Article II of the Constitution provides: The

State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity
and development."

of basic and applied scientific research. Scholarships,

grantsinaid or other forms of Incentives shall be provided
to deserving science students, researchers, scientists,
investors, technologists, and specially gifted citizens."

Section 5, Article XII of the Constitution reads: The State,

subject to the provisions of this Constitution and national
development policies and programs, shall protect the rights
of indigenous cultural communities to their ancestral lands
to ensure their economic, social and cultural wellbeing.

Section 12, Article XIV of the Constitution reads: The State

shall regulate the transfer and promote the adaptation of
technology from all sources for the national benefit. It shall
encourage widest participation of private groups, local
governments, and communitybased organizations in the
generation and utilization of science and technology."

The Congress may provide for the applicability of customary

laws governing property rights or relations in determining
the ownership and extent of the ancestral domains."
Section 6, Art. XIII of the Constitution provides: The State
shall apply the principles of agrarian reform or stewardship,
whenever applicable in accordance with law, in the
disposition or utilization of other natural resources,
including lands of the public domain under lease or
concession suitable to agriculture, subject to prior rights,
homestead rights of small settlers, and the rights of
indigenous communities to their ancestral lands.
The State may resettle landless farmers and farm workers in
its own agricultural estates which shall be distributed to
them in the manner provided by law."
Section 17, Article XIV of the Constitution states: "The State
shall recognize, respect and protect the rights of indigenous
cultural communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these rights in
the formulation of national plans and policies."
5. Section 17, Article II of the Constitution provides: "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."
Section 14, Article XII of the Constitution reads in part: "The
sustained development of a reservoir of national talents
consisting
of
Filipino
scientists,
entrepreneurs,
professionals, managers, highlevel technical manpower
and skilled workers and craftsmen shall be promoted by the
State. The State shall encourage appropriate technology
and regulate its transfer for the national benefit.
Subsection 2, Section 3, Article XIV of the Constitution
states: "They (educational institutions) shall inculcate
patriotism and nationalism, foster love of humanity, respect
for human rights, appreciation of the role of national heroes
in the historical development of the country, teach the
rights and duties of citizenship, strengthen ethical and
spiritual values, develop moral character and personal
discipline, encourage critical and creative thinking, broaden
scientific and technological knowledge, and promote
vocational efficiency."
Section 10, Article XIV of the Constitution declares: "Science
and Technology are essential for national development and
progress. The State shall give priority to research and
development, invention, innovation, and their utilization;
and to science and technology education, training, services.
It shall support indigenous, appropriate, and selfreliant
scientific and cultural capabilities, and their application to
the country's productive systems and national life."
Section 11, Article XIV of the Constitution provides: "The
Congress may provide for incentives, including tax
deductions, to encourage private participation in programs

Q: Does the 1987 Constitution provide for a policy of

transparency in matters of public concern?
A: Yes, the 1987 Constitution provides for a policy of
transparency in matters of public interest:
1. Section 28, Article II of the 1987 Constitution provides:
"Subject to reasonable conditions prescribed by law, the
State adopts and implements a policy of full disclosure of all
its transactions involving public interest,"
2. Section 7, Article III states: "The right of the people to
information on matters of public concern shall be
recognized, access to official records, and to documents,
and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as
basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law."
3. Section 20, Article VI reads: "The records and books of
account 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."
4. Section 17, Article XI provides: sworn statement of
assets, liabilities and net worth of the President, the Vice
President, the Members of the Cabinet, the Congress, the
Supreme Court, the Constitutional Commission and other
constitutional offices, and officers of the armed forces with
general or flag rank filed upon their assumption of office
shall be disclosed to the public in the manner provided by
law.
5. Section 21, Article XII declares: "Information on foreign
loans obtained or guaranteed by the government shall be
made available to the public."
Note: These provisions on public disclosures are intended to
enhance the role of the citizenry in governmental decision
making as well as in checking abuse in government.
(Valmonte vs. Belmonte, G.R. No. 74930, Feb. 13, 1989)
Q: What is the Doctrine of Incorporation?
A: It 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 in a country. By this doctrine, the
Philippines is bound by generally accepted principles of
international law, which are considered to be automatically
part of our own laws. (Tanada v. Angara, G.R. No. 118295,
May 2, 1997)
Q: What is the Doctrine of Autolimitation?

A: It is the doctrine where the Philippines adhere to

principles of international law as a limitation to the exercise
of its sovereignty.

except those established by religious groups and mission

boards (Article XIV, Section 4 [2]).
Q: What is the Strict Separationist Approach?

Note: The fact that the international law has been made
part of the law of the land does not by any means imply the
primacy of international law over national law in the
municipal sphere. (Philip Morris, Inc. v. CA, G.R. No. 91332,
July 16, 1993)
Q: What is
Supremacy?

meant

by

the

principle

of

Civilian

A: The civilian authority is, at all times, supreme over the

military.
Q: How is civilian supremacy ensured?
A:
1. By the installation of the President, the highest civilian
authority, as the commander inchief of all the armed
forces of the Philippines. (Sec. 18, Art. VII, 1987
Constitution)
2. Through the requirement that members of the AFP swear
to uphold and defend the Constitution, which is the
fundamental law of civil government. (Sec. 5[1], Art. XVI,
1987 Constitution)
Q: Can a person avoid the rendition of military
services to defend the State?
A: No. One cannot avoid compulsory military service by
invoking ones religious convictions or by saying that he has
a sick father and several brothers and sisters to support.
Accordingly, the duty of government to defend the State
cannot be performed except through an army. To leave the
organization of an army to the will of the citizens would be
to make this duty to the Government excusable should
there be no sufficient men who volunteer to enlist therein.
The right of the Government to require compulsory military
service is a consequence of its duty to defend the State and
is reciprocal with its duty to defend the life, liberty, and
property of the citizen. (People v. Zosa, G.R. No. L45892
93, July 13, 1938).
Q: What are the provisions of the Constitution that
support the principle of separation of Church and
State?
A:
Note : Exceptions to the abovementioned rule are the
following provisons :

A: Under this approach, the establishment clause was

meant to protect the State from the church, and the States
hostility towards religion allows no interaction between the
two. (Estrada v. Escritor, A.M. No. P021651, June 22, 2006)
Q: What is the Strict Neutrality Approach?
A: It is not hostile in religion, but it is strict in holding that
religion may not be used as a basis for classification for
purposes of governmental action, whether the action
confers rights or privileges or imposes duties or obligations.
Only secular criteria may be the basis of government
action. It does not permit, much less require
accommodation of secular programs to religious belief.
(Estrada v. Escritor, A.M. No. P021651, June 22, 2006)
Q: What is the theory of Benevolent Neutrality?
A: Under this theory the wall of separation is meant to
protect the church from the State. It believes that with
respect to governmental actions, accommodation of religion
may be allowed, not to promote the governments favored
form of religion, but to allow individuals and groups to
exercise their religion without hindrance. (Estrada v.
Escritor, A.M. No. P02 1651, June 22, 2006)
Q: What theory is applied in the Philippines?
A: In the Philippine context, the Court categorically ruled
that, the Filipino people, in adopting the Constitution,
manifested their adherence to the benevolent neutrality
approach that requires accommodations in interpreting the
religion clauses. (Estrada v. Escritor, A.M. No. P 021651,
June 22, 2006)
Q: What are the three kinds of accommodation that
results from free exercise claim?
A: Those which are:
1. Found to be constitutionally compelled,
i.e. required by the Free Exercise Clause
(mandatory),
2. Discretionary or legislative, i.e. not
required by the Free Exercise Clause

1. Churches, parsonages, etc. actually, directly and

exclusively used for religious purposes shall be exempt from
taxation. (Article VI, Section 28[3]);

(permissive),

2. When priest, preacher, minister or dignitary is assigned

to the armed forces, or any penal institution or government
orphanage or leprosarium, public money may be paid to
them (Article VI, Section 29 [2]);

(prohibited).

3. Optional religious instruction for public elementary and

high school students (Article XIV, Section 3 [3]);
4. Filipino ownership requirement for education institutions,

3. Prohibited by the religion clauses

Note: Based on the foregoing, and after holding that the

Philippine Constitution upholds the benevolent neutrality
doctrine which allows for accommodation, the Court laid
down the rule that in dealing with cases involving purely
conduct based on religious belief, it shall adopt the strict
compelling State interest test because it is most in line with
the benevolent neutralityaccommodation.

Q: What is Mandatory Accommodation?

Q: What is Prohibited Accommodation?

A: This is based on the premise that when religious

conscience conflicts with a government obligation or
prohibition, the government sometimes may have to give
way. This accommodation occurs when all three conditions
of the compelling State interest test are met.

A: This results when the Court finds no basis for a

mandatory accommodation, or it determines that the
legislative accommodation runs afoul of the establishment
or the free exercise clause. In this case, the Court finds that
establishment
concerns
prevail
over
potential
accommodation interests.

Q: What is Permissive Accommodation?

A: It means that the State may, but is not
required to, accommodate religious interests.

Note: The purpose of accommodations is to remove a

burden on, or facilitate the exercise of, a persons or
institutions religions.