A. PREAMBLE B. REPUBLICANISM (Sec. 1, Art. II) 1. Essential Features: a. Representation b. Renovation 2. Manifestations: (indirect results) a.

Government of laws and not of men (Villavicencio v. Lukban, 39 Phil. 778) b. Rule of the majority. (Plurality in elections) c. Accountability of public officials. d. Bill of rights. e. Legislature cannot pass irrepealable laws. f. Separation of powers. i. Purpose: prevent concentration of authority w/c might lead to abuse of power to the detriment of the state. ii. La Bugal-Blaan Tribal Association v. Ramos, G.R. No. 127882 iii. Application: Not doctrinaire nor with pedantic rigor; not independence but interdependence. iiia. Maceda v. Vasquez (221 SCRA 464) iv. Principle of Blending of Powers. v. Principle of Checks and Balances. vi. Role of the judiciary. via. Not own superiority but superiority of the Constitution. vib. Doctrine of necessary implication. vic. Political & justifiable questions. vic1. political question connotation. vic2. Scope of political question doctrine limited by 2nd par.,Sec. 1, art. VIII) g. Delegation of Powers. i. Rule: Potestas delegate non potest delegare. (ethical principle) ia. PAGCOR cannot delegate its power for it is not authorized to do so. (Jaworski v. PAGCOR, G.R. No. 144463, January 14, 2004). ii. Permissible delegation: iia. Tariff powers to the president. [Sec. 28(2), Art. VI] iia1. Garcia v. Executive Secretary (211 SCRA 219) iib. Emergency powers to the president. [Sec. 23(2),Art. VI] iib1. Recent example: RA 6826 iic. Delegation to the people. [Sec. 32, Art. VI; Sec. 10, Art. X; Sec. 2, Art. XVII; RA 6735) Case: People v. Vera (65 Phil. 56) iic1. REfrendum v. Plebiscite. iid. Delegation to local government units. (RA 7160) iie. Delegation to Administrative Bodies. iie1. Pelaez v. Auditor General (15 SCRA 569) Sec. 68, Revised Admin. Code iii. Tests for Valid Delegation. iiia. Completeness test. iiib. Sufficient Standard Test. iiib1. Chiongbian v. Orbos (245 SCRA 253) iiib2. Tatad v. Department of energy (supra.) C. THE INCORPORATION CLAUSE. (Sec. 2, Art. II) 1. Read w/ Preamble; Secs. 7&8 (Independent Foreign Policy & Nuclear-free Philippines); Art. II; and Sec. 25 (Expiration of Bases Agreement), Art. XVIII. 2. Renunciation of war. a. Covenant of the League of Nations. b. Kelogg-Briand Pact of 1928. c. Charter of the United Nations. 3. Doctrine of Incorporation. a. Municipal laws should be upheld by the municipal courts. Ichong v. Hernandez, 101 Phil. 115; Gonzales v. Hechanova, 9 SCRA 230 b. Rules of international law are given equal standing w/ national legislative enactments. 4. PUBLIC INTERNATIONAL LAW, Chap. 1, General Principles D. CIVILIAN SUPREMACY. (Sec. 3, Art. II) 1. Sec. 18, Art. VII (Commander-in-chief clause) 2. Alih v. Castro, 151 SCRA 279. E. Duty of Government; People to defend the State. 1. Secs. 4&5, Art. XVI. (Armed forces of the Philippines provisions) 2. People v. Lagman & Zosa, 66 Phil. 13 3. Right to bear arms. a. RA 1780 First real firearms law. F. SEPARATION OF CHURCH AND STATE. (Sec. 6, Art. II) 1. Reinforced by: a. Sec. 5, Art. III (Freedom of religion clause) b. Sec. 2(5), Art. IX-C (religious sect cannot cannot be registered as a political party) c. Sec. 5(2), Art. VI (no sectoral representative from the religious sector) d. Sec. 29(2), Art. VI (Prohibition against appropriation for sectarian benefit) 2. Exceptions:

CONSTITUTIONAL LAW I OUTLINE PRINCIPLES AND STATE POLICIES

b. Sec. 29(2), Art. VI c. Sec. 3(3), Art. XIV. d. Sec. 4(2), Art. XIV. 3. See discussion: FREEDOM OF RELIGION. G. Independent foreign policy and nuclear-free Philippines. (Sec. 7, Art. II; Sec. 8, Art. II) 1. Sec. 2, Art. II; Sc. 25, Art. XVIII. 2. See: Opinion, Secretary of Justice, S. 1988. 3. Lim v. Executive Secretary, G.R. No. 151445, April 11, 2002. H. Just and Dynamic Social Order (Sec. 9, Art. II) 1. Read preamble . I. Promotion of Social Justice. (Sec. 10, Art. II) J. Respect for human dignity & human rights. (Sec. 11, Art. II) K. Family and youth. (Sec. 12, Art. II; Sec. 13, Art. II) 1. Read also Art. XV & Art. 52, CC. 2. RA 7610. People v. Larin, G.R. No. 128777, Oct. 7, 1998 L. Fundamental equality of men and women. (Sec. 14, Art. II) 1. Philippine Telegraph & Telephone Co. v. National Labor Relations Commission, G.R. No. 118978, May 23, 1997. M. Promotion of health and ecology. (Sec. 15, Art. II; Sec. 16, Art. II) Also: Sec. 11-13, Art. XIII. 1. Oposa v. Factoran, 224 SCRA 792 2. C&M Timber Corporation v. Alcala, G.R. No. 111088, June 13, 1997 N. Priority to education, science, technology, etc. (Sec. 17, Art. II) 1. Philippine Merchant Marine School, Inc. v. CA, 244 SCRA 770 2. Guingona v. Carague, 196 SCRA 221 3. Professional Regulation Commission v. De Guzman, G.R. No. 144681, June 21, 2004. 4. See discussion on Art. XIV, infra. O. Protection to labor. (Sec. 18, Art. II) 1. JMM Promotion & Management v. CA (260 SCRA 319); Philippine Association of Service Exporters v. Drion (163 SCRA 386) 2. Bernardo v. NLRC, G.R. No. 122917, July 12, 1999 P. Self-reliant and independent economic order (Sec. 19, Art. II; Sec. 20, Art. II) 1. Tanada v. Angara (272 SCRA 18) 2. Association of Philippine Coconut Desiccators v. Philippine Coconut Authority (G.R. No. 110526, February 10, 1998) Q. Land reform. (Sec. 21, Art. II) R. Indigenous cultural communities (Sec. 22, Art. II) Also: Secs. 5(2), Art. VI; Sec. 5, Art. XII; Sec. 17, Art. XIV. S. Independent peoples organizations (Sec. 23, Art. II) Also Secs. 15-16, Art. XIII. T. Communication and information in nation-building. (Sec. 24, Art. II) Also: Secs. 10-11, Art. XVI; Sec. 23, Art. XVIII. U. Autonomy of local governments. (Sec. 25, Art. II) Also: Art. X; Basco v. PAGCOR, 197 SCRA 52 1. Limbonas v. Mangelin (170 SCRA 786) 2. Lina v. Pano (G.R. No. 129093, Aug. 30, 2001) 3. Judge Dadole v. Commission on Audit (G.R. No. 125350, Dec. 3, 2002) a. Pesidents power of general provision can only interfere when a body had acted in contrary to law. V. Equal access of opportunities for public service. (Sec. 26, Art. II) Also: Sec. 13, Art. VII; Secs. 1-2, Art. XIII. 1. Pamatong v. Comelec (G.R. No. 161872, Apr. 13, 2004) W. Honest public service and full public disclosure (Sec. 27, Art. II; Sec. 28, Art. II)