Art. 2 Morillo Notes Flashcards
Preamble of the 1987 Constitution
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government 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.
What is the constitutional basis for the Republicanism of the Philippines?
Sec. 1, Art. 2 of the Constitution
The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them
Essential Features of Republicanism: (2)
- Representation
- Renovation
Manifestations of a Republican State (6)
- Ours is a government of laws and not of men
- Rule of the majority or Plurality in Elections
- Accountability of Public Officials
- Bill of Rights
- Legislature cannot pass irrepealable laws
- Separation of Powers
What is the Constitutional basis for the Incorporation Clause of the Philippines?
Sec. 2 Art. 2 of the Constitution
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
3 Aspects under Sec. 2, Art. II (Incorporation Clause) (3)
- Renunciation of War as an instrument of National Policy
- Incorporation Clause
- Adherence Policy
Difference between ‘By Incorporation’ and ‘By Transformation’
Incorporation applies when, by mere constitutional declaration, international law is deemed to have the force of domestic law
Transformation requires that an international law principle be transformed into a domestic law through constitutional mechanism, such as local legislation
Constitutional basis for treaties becoming part of the law of the land
Sec. 21, Art. 7 of the 1987 Constitution
What are “generally accepted principles of international law”
Norms of general or customary international law which are binding on all states
Examples of “generally accepted principles of international law” (4)
- Renunciation of war as an instrument of national policy
- Sovereign immunity
- Person’s right to life, liberty, and due process
- Pacta sunt servanda
English for pacta sunt servanda
Agreements must be kept
What do you mean by pacta sunt servanda?
Oldest principle of international law. Without such a rule, no international agreement would be binding or enforceable
Who wins in a conflict between municipal law and international law?
Under Ichong vs. Hernandez (101 Phil. 1155), SC found no conflict, but upheld the local statute because it represented an exercise of police power, which being inherent, could not be bargained away or surrendered through the medium of treaty
What is the Constitutional basis for the Supremacy of Civilian Authority?
Sec. 3 Art. 2 of the 1987 Constitution
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
Does the President have the power to prevent military personnel from testifying in legislative inquiries?
Yes. As the President is the Commander-In-Chief. (Gudani vs. Senga, GR no. 170165, August 15,
2006)
What is the Constitutional basis for the Defense of The State
Sec. 4 Art. 2 of the 1987 Constitution
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 thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service
What is the Constitutional basis for Maintaining Peace and Order
Sec. 5 Art. 2 of the 1987 Constitution
The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essesntial for the enjoyment by all the people of the blessings of democracy
What is the Constitutional basis for the Separation of Church and State
Sec. 6 Art. 2 of the 1987 Constitution
The separation of Church and State shall be inviolable
Related Constitutional provisions to Sec. 6 Art. 2 of the Constitution (Separation of Church and State) (6)
- Art. III, Sec. 5
- Art. VI, Sec.5(2)
- Art. IX-C, Sec. 2(5)
- Art. VI,Sec. 28(3)
- Art. VI, Sec. 29(2)
- Art. XIV, Sec. 3(3)
What are the Constitutional bases for Social Justice? (4)
- Sec. 10, Art. 2
The State shall promote social justice in all phases of national development - Sec. 11, Art. 2
The State values the dignity of every human person and guarantees full respect for human rights - Sec. 18, Art. 2
The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare - Sec. 21, Art. 2
The State shall promote comprehensive rural development and agrarian reform
Define Social Justice as enshrined in the Constitution under Calalang vs. Williams, 70 Phil. 726
It is neither communism, nor despotism, nor atomism, nor anarchy,” but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated
What do you mean by Social Justice under Calalang vs. Williams, 70 Phil. 726
It means the promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the competent elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extraconstitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex
English for salus populi est suprema lex
The welfare of the people is the supreme law
Under Calalang vs. Williams, 70 Phil. 726, what should Social Justice bring about?
The greatest good to the greatest number
What are the Constitutional bases for Rearing the Youth? (2)
- Sec. 12, Art. 2
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 - Sec. 13, Art. 2
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
Under Continental Steel Manufacturing Corp. vs. Montano (GR no. 182836, October 13, 2009), can an unborn child be considered a dependent?
Yes. According to the Supreme Court.
The term “child” can be understood to include the unborn fetus in the mother’s womb
What is the Constitutional basis for Women?
Sec. 14 Art. 2 of the 1987 Constitution
The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men
This law as enacted to protect women and their children from violence and threats to their personal safey and security
R.A 9262 - Anti-Violence against Women and Their Children Act of 2004
Related Constitutional provision to Sec. 14 Art. 2 of the Constitution (Women)
Sec. 14, Art. 13 of the Constitution
The State shall protect working women by providing safe and healthful working conditions, taking into account their material 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
What are the Constitutional bases for Economy? (3)
- Sec. 19, Art. 2
The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos - Sec. 20, Art. 2
The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments - Sec. 21, Art. 2
The State shall promote comprehensive rural development and agrarian reform
What is the Constitutional basis for the Right to a Balanced and Healthful Ecology?
Sec. 16, Art. 2
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
What is the Constitutional basis for the Local Autonomy?
Sec. 25, Art. 2
The State shall ensure the autonomy of local governments
What is the Constitutional basis for Full Public Disclosure
Sec. 28, Art. 2
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
