1987 PHILIPPINE CONSTITUTION ARTICLE 2

A. Preamble
1. Does not confer rights nor impose duties.
2. Indicates authorship of the Constitution; enumerates the primary aims
and aspirations of the framers; and serves as an aid in the construction
of the Constitution.
B. Republicanism
[Sec. 1. Art. II: “The Philippines is a democratic and republican
State. Sovereignty resides in the people and all government authority
emanates from them”].
1. Essential features: representation and renovation.
2. Manifestations.
 Ours is a government of laws and not of men [Villavicencio v.
Lukban, 39 Phil 778].
 Rule of the majority. [Plurality in elections]
 Accountability of public officials.
 Bill of Rights.
 Legislature cannot pass irrepealable laws.
 Separation of powers.
Principle of Blending of Powers
 Instances when powers are not confined exclusively within one
department but are assigned to or shared by several departments,
e.g., enactment of general appropriations law.
Principle of Checks and Balances
 This allows one department to resist encroachments upon its
prerogatives or to rectify mistakes or excesses committed by the
other departments, e.g., veto power of the President as check on
improvident legislation, etc
Doctrine of incorporation
 generally accepted principles of international law are
automatically part of our own laws
Civilian Supremacy
 Sec. 3. Art. II: “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"]. ▪ 1. Read Sec. 18, Art. VII (Commander-in-Chief
clause
 Duty of Government; people to defend the State
 Sec. 4. Art. II: “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.”
 Sec. 5. Art. II: “The maintenance of peace and order, the
protection ▪ of life, liberty and property, and the promotion of
the general welfare are essential for the enjoyment by all the
people of the blessings Of democracy.”].
Separation of Church and State
 Sec. 6. Art. II: “The separation of Church and State shall be
inviolable."]
Sec. 5, Art. Ill (Freedom ▪ a) Sec. 5, Art. Ill (Freedom of
religion clause). b) Sec. 2 (5), Art. IX-C (religious sect cannot
be registered as 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)

Exceptions: »
 a) Sec. 28 (3), Art. VI: (Churches, parsonages, etc., actually,
directly and exclusively used for religious purposes shall be
exempt from taxation).
 b) Sec. 29 (2), Art. VI: (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) Sec. 3 (3), Art. XIV: (Optional religious instruction for
public elementary and high school students).
 d) Sec. 4 (2), Art. XIV: (Filipino ownership requirement for
educational institutions, except those established by religious
groups and mission boards).
Independent foreign policy and nuclear-free Philippines
 Sec. 7, Art. II: The State shall pursue an independent foreign policy.
In its relations with other states, the paramount consideration shall
be national sovereignty, territorial integrity, national interest, and
the right to self-determination. ▪ Sec8, Art. II: “The Philippines,
consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.”
Just and dynamic social order
 Just and dynamic social order Sec. 9. Art. 11: “The State shall
promote a just and dynamic social order that will ensure the prosperity
 and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of
life for all.” –

1. Read Preamble.
Promotion of Social Justice
 Sec. 10. Art. II: The State shall promote social justice in all phases
of national development

Respect for human dignity and human rights

 Sec. 11. Art. II: “The State values the dignity of every human person
and guarantees full respect for human rights.’’
 Read also Secs. 17-19, Art. XIII.
Family and youth
 ▪ Sec. 12. Art. II: “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. II: “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. ”
Fundamental equality of men and women
 Sec. 14. Art. II: “The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before the law of
women and men.
CASE
 In Philippine Telegraph and Telephone Co. v. National Labor Relations
Commission, G.R. No. 118978, May 23, 1997, the Supreme Court held
that the petitioner’s policy of not accepting or considering as
disqualified from work any woman worker who contracts marriage, runs
afoul of the test of, and the right against, discrimination, which is
guaranteed all women workers under the Constitution
Promotion of health and ecology
  Sec. 15. Art. II: The State shall protect and promote the right to
health of the people and instill health consciousness among them.”
 Sec. 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.”
Protection to labor
▪ Sec. 18. Art. II: “The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their welfare.”
Self-reliant and independent economic order
 Sec. 19. Art. II: “The State shall develop a self-reliant and
independent national economy effectively controlled by Filipinos.”
 Sec. 20. Art. II: “The State recognizes the indispensable role of the
private sector, encourages private enterprise, and provides incentives
to needed investments. ”
Land Reform
 Land Reform Sec. 21. Art. II: “The State shall promote comprehensive
rural development and agrarian reform.
Indigenous cultural communities
 Sec. 22. Art. II: “The State recognizes and promotes the rights of
indigenous cultural communities within the framework of national unity
and development.”
Independent people’s organizations
 Sec. 23. Art. II: “The State shall encourage non-governmental,
community-based, or sectoral organizations that promote the welfare of
the nation.”
Communication and information in nation-building
 Sec. 24. Art. II: ▪The State recognizes the vital role of communication
and information in nation building.”
Autonomy of local governments
 Sec. 25. Art. II: The State shall ensure the autonomy of local
governments.”
 Basco v. PAGCOR, 197 SCRA 52, 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.
Equal access of opportunities for public service
  Sec. 26. Art. II: “The State shall guarantee equal access of
opportunities for public service, and prohibit political dynasties as
may be defined by law.”
Honest public service and full public disclosure
 Sec. 27. Art. II: “The State shall maintain honesty and integrity in
the public service and take positive and effective measures against
graft and corruption
 . ” Sec. 28. Art. II: “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. ”

HOW TO DIGEST CASES

HOW TO EFFECTIVELY AND EFFICIENTLY WRITE CASE DIGESTS.
WHAT IS THE PURPOSE?
 It is to aid students in the study of law;
 It enhances your memory and analytical skills;
 It enhances your familiarity and appreciation with
 existing jurisprudence; and
 It creates an opportunity to improve handwriting.
FIVE (5) IMPORTANT RULES
 Complete
 Concise
 Logical
 Organized
 Original
FORM
 Tickler
 Header
 Doctrine
 Facts
 Issue
 Ruling
WHAT IS A TICKLER?
 This refers to the topic of the case or a quick guide to the doctrine of
the case.
 Use phrases only, not sentences.
HEADER
 Case Title
 Case Number, Date of Promulgation
 G.R. No. stands for “General Register Number”
 SCRA stands for ‘Supreme Court Reports Annotated”
 Ponente

CASE DOCTRINE
 It is a brief statement of the applicable law or rule upon which the
ruling is based.
 It is usually found in the Ruling part of the Case Digest.
 It serves as an immediate reference or guide.
 The words used should be in the original form; words used by the
 Supreme Court.
 Rephrasing or substituting the same with one’s own words should be
avoided.
FACTS OF THE CASE
  Begin with a statement of the “characters” i.e. the parties involved.
 Names and personal circumstances – it is sufficient to state the
“characters “and their personal circumstances in the first couple of
sentences of the statement of facts.
 Please, indicate only those personal circumstances relevant to the
issue. For example, residence need not be stated unless venue is the
issue or some other related issue
FACTS OF THE CASE
Statement of the case
What stage in the proceedings is the case in?
 Is it an original action? Is it an appeal? Is it a petition for
certiorari? Is it a motion for reconsideration? Etc.
 Write this in two or three SHORT sentences ONLY.
FACTS OF THE CASE
Statement of the facts
 Write ONLY the facts RELEVANT to the issue i.e. tending to prove (or
disprove) the matter
 required to be proved.
 There is no limit to the number of sentences for the facts, but if the
statement of the facts exceeds
 half a page and there is only one issue to be addressed, you are
probably doing something wrong.
 Dates and time – write ONLY if relevant to the issue. For example, dates
can be relevant if the issue
 is prescription, or the time if the issue is if the crime was committed
at nighttime.
 Places/Addresses – same rule. Include only if relevant.
 State the allegations and defenses of the parties.
ISSUE OF THE CASE
 The issue can either be an open-ended or a close-ended question
Instead of using “whether or not”, use close-ended questions. For
example, instead of saying
 “Whether or not the accused is guilty of murder”, say “Is the
accused guilty of murder?”
 The issue must be clear, complete and concise. Instead of saying “Is
the accused guilty of the crime charged?”, say “Is the accused
guilty of murder?”
 Make sure that the issue is not just an obiter dictum. If it is,
state so. An obiter dictum is an “opinion” of the Supreme Court. It
is not the main issue or is not an issue relevant to the resolution
of the main issue.
 The issue must pertain to a matter contained in the particular
subject you are writing the digest for. If you encounter an issue not
covered by your subject, ignore it.
 RULING OF THE SUPREME COURT
 Quick answer to the issue/Ruling of the court
- Answer yes or no if the issue is a close-ended question. If open-
ended, address the issue accordingly. This should ideally only be
stated in not more than two sentences.
 Applicable law/doctrine/rule/principle
- State the law or doctrine first before applying the facts to
the case.
- Cite the provision of law/jurisprudence used by the court in
deciding the case, if applicable.
RULING OF THE SUPREME COURT
 Application of law/doctrine/rule/principle to the facts
- Begin with another paragraph.
 Conclusion
- Restate the quick answer.
- Use concluding words like “Hence” or “Therefore”.
RULING OF THE SUPREME COURT
 Use the wordings of the Supreme Court.
- Never substitute the words of the Supreme Court by your own.
- Never rephrase.