General Principles and State Policies - Notes (Constitutional Law 1)

Forms of Government
1. De Facto 
- is that government that gets possession and control of, or usurps, by force or by the voice of majority, the rightful legal government and maintains itself against the will of the latter.
- is that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated by a government of paramount force. 
- is that established as the independent government by the inhabitants of a country who rise in insurrection against the parent state.

2. De Jure - has a rightful title but no power or control, either because this has been withdrawn from it or because it has not yet actually entered into the exercise thereof.

GENERAL PRINCIPLES AND STATE POLICIES

Meaning of Democratic and Republican State

1. Republican form of government - is one where sovereignty resides in the people and where all government authority emanates from the people.

- a government which derives all its power directly or indirectly from the great body of people; and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior.

2. Democratic form of government - the Philippines under the new Constitution is not just a representative government but also shares some aspects of direct democracy such, for instance, as the “initiative and referendum” under Article 6, Section 32.

Doctrine of Incorporation

- international law as the force of domestic law. International law therefor can be used by Philippine courts to settle domestic disputes in much the same way that they would use the Civil Code or the Penal Code and other laws passed by Congress. By mere constitutional declaration, international law is deemed to have the force of domestic law.

Doctrine of Transformation

- international law can become part of municipal law only if it is transformed into domestic law through the appropriate constitutional mechanism such as local legislation.

Civilian Supremacy

1. Article 2, Section 3 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."

2. Article 7, Section 18 of the 1987 Constitution: “The president shall be the Commander-in-Chief of all armed forces of the Philippines”

3. Article 16, Section 5(1) of the 1987 Constitution: “All members of the Armed Forces shall take an oath of affirmation to uphold and defend this Constitution."

Separation of Church and State

1. Article 2, Section 6 of the 1987 Constitution: “The separation of church and state shall be inviolable.”

2. Article 3, Section 5 of the 1987 Constitution: “No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.” - Non-establishment clause.

3. Article 9(C), Section 2(5) of the 1987 Constitution: “Religious denominations and sects shall not be registered.” - religious sect cannot be registered as political party.

4. Article 6, Section 5(2) of the 1987 Constitution - no sectoral representative from the religious sector.

5. Article 6, Section 29 (2) of the 1987 Constitution: “No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.” - Prohibition against appropriation for sectarian benefit.

Exceptions:

a) Article 6, Section 28(3) of the 1987 Constitution - (Churches, parsonages, etc., actually, directly and exclusively used for religious purposes shall be exempt from taxation).

b) Article 6, Section 29(2) of the 1987 Constitution - (Prohibition against appropriation for sectarian benefit, except when priest, etc., is assigned to the armed forces, or to any penal institution or government orphanage or leprosarium).

c) Article 14, Section 3(3) of the 1987 Constitution - (Optional religious instruction for public elementary and high school students).

d) Article 14, Section 4(2) of the 1987 Constitution - (Filipino ownership requirement for educational institutions, except those established by religious groups and mission boards).

Healthful and Balanced Ecology

Article 2, Section 16 of the 1987 Constitution: “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.

Local Autonomy 

A. Article 2, Section 25 of the 1987 Constitution: “The State shall ensure the autonomy of local governments.”

B. Basco vs. PAGCOR: where the Supreme Court said that local autonomy under the 1987 Constitution simply means “decentralization”, and does not make the local governments sovereign within the State or an imperium in imperio.

C. Limbonas vs. Mangelin: 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 local government unit in order to broaden the base of governmental powers. 

Thus, even as we recognize that the Constitution guarantees autonomy to local government units, the exercise of local autonomy remains subject to the power of control by Congress and the power of general supervision by the President.

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 local government unit acts within the parameters of the law and the Constitution. 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 local government unit 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.

Political Dynasty/Equal Access of Opportunities for Public Service

Article 2, Section 26 of the 1987 Constitution: “The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.”

In Pamatong v. COMELEC, the Supreme Court 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. 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.