CONSTI I

Sec 2. 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, adheres to the
policy of peace, equality, justice,
freedom, cooperation and amity with
all nations.
A. Renunciation of War
Inspired by the Kellogg-Brian Pact of
1928, which renounces war of
aggression
The Constitution does not renounce
defensive war as it is necessary for
the preservation of sovereignty
The Congress has the power to
declare such war
Philippines also renounces the use
or threat of force in international
relations in accordance with Article 2
of the UN Charter
B. Adoption of International Law
Two ways in which the international
law becomes part of the municipal
law as a domestic law: (a) doctrine
of transformation international law
becomes a domestic law through
appropriate constitutional machinery
such as local legislation, (b) doctrine
of
incorporation

customary
international law has already the
force of domestic law (without
undergoing transformation)
Anchored in the principle of Pacta
sunt servanda
C. Adherence to policy of peace,
freedom and amity
Intent is to establish relations with
nations irrespective of their ideology
Case: Taada v. Angara

Facts:
This is a petition seeking to nullify
the ratification of the World Trade
Organization Agreement by the
Philippine Senate
Its ratification opens the access of
Philippine economy to foreign
markets and thereby to the benefits
of free market of the international
sphere.
Petitioner sees that the acceptance
of WTO agreement will (a) restrict
Philippine economic sovereignty, (b)
violates the ideology of Filipino First
Policy of the Constitution
Issue: WON the Senate exceeds its
jurisdiction by its concurrence of the
WTO agreement
Ruling: No the petition has been
denied what the Senate did was a
valid exercise of authority because (a)
Article 2 Sec 2, states that generally
accepted international law applies also
as a domestic law this is in accordance
with the principle of pacta sund
servanda
and
the
auto-limitation
capacity of state sovereignty, (b) it
poses not legislative restriction as a
member state can withdraw from the
agreement
Case: Pharmaceutical and
Case v. Department of Health
Facts:

Health

 This is a petition seeking to nullify

the Revised Implementing Rules and
Regulations of the Milk Code as
such RIRR was going beyond the
provisions of the code thereby
amending and expanding the
coverage of the said law
The Milk Code or Exec. Order 51 is
issued by Pres. Corazon Aquino to
give effect Article 112 of the
International Code of Marketing of
Breastmilk Substitutes (a code
adopted by the World Health
Assembly) that aims for the
promotion of breastfeeding and that
nutrition and health clams are not
permitted for breastmilk substitute.
Philippines ratified the International
Convention on the Rights of the
Child, and Art. 24 of the said
instrument provides State Parties
should take appropriate measures to
diminish infant and child mortality,
and ensure that parents are well
informed of breastfeeding
In compliance with this ratification,
DOH then issued the RIRR of the
Milk Code
Issue: WON, DOH acted in excess of its
jurisdiction or with grave abuse of
discretion, and in violation of the
Constitution in promulgating the RIRR
Ruling: In the provisions of Sec. 4(f), 11
and 46 of the RIRR, the DOH overstep
its legal authority thereby declared null
and void. But the rest of the provisions
of RIRR are in consonance with the
purpose and intent of the Milk Code
thereby DOH may implement them.
Such implementation is nonetheless of
recommendatory nature only and does
not have a force of a law since the

ICMBS is a soft law (not generally

practiced as a custom). Law enacted by
the legislature is required in order to
transform it.
Sec 3. Civilian authority is, at all
times, superior over the military. The
Armed Forces of the Philippines is
the protector of the people and the
state. Its goal is to secure
sovereignty of the state and the
integrity of the national territory.
A. Political Role of the Armed Forces
Security of state sovereignty and
territorial integrity
The military exercise of political
power can be justified as a last
resort when civilian authority has
lost its legitimacy
Case: IBP v. Zamora
Facts:
Pres. Estrada directed the AFP Chief
of Staff and PNP Chief to coordinate
with each other to conduct joint
visibility patrols for the purpose of
crime prevention and suppression
IBP questioned the constitutionality
of the deployment and utilization of
the Marines to assist the PNP in law
enforcement
Issue: WON the Presidents calling of
AFP to assist the PNP violate Sec. 3 of
Art 2 of the 1987 Constitution
Ruling: No the petition dismissed
because the real authority in these
operations is still the police, therefore
civilian supremacy was not breached
Sec. 7. 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.

A. Social Justice
Equalization of economic, political
and social opportunities with special
emphasis on the duty of the state to
tilt the balance of social forces by
favoring the disadvantaged in life.

Case: Lim v. Executive Secretary

Facts:
This is a petition for prohibition of the
Balikatan-02-1
exercises
in
Zamboanga and Sulu attacking its
constitutionality by claiming that (a) it
was not covered by the Mutual
Defense Treaty and (b) the Visiting
Forces
Agreement
does
not
authorize American soldiers to
engage in combat operations in
Philippine Territory
Secretary General argued that the
petitioner raised such issue based
only on the fear of future violation of
Terms of Reference of the Balikatan
exercise (US is prohibited from
engaging war in Philippine territory)
Issue:
WON
unconstitutional

Balikatan

02-1

Case: Tondo Medical v. Court of

Appeals
Facts:
This is a petition for review criticizing
the decision made by the Court of
Appeals,
which
denied
the
nullification of the Health Sector
Reform Agenda
Petitioner claims that HSRA by
policies of fiscal autonomy, income
generation, revenue enhancement
making inaccessible free medicine
is in violation of some of the general
principles of the Constitution thereby
must be declared void
Issue: WON HSRA is unconstitutional
thereby must be declared void

is

Ruling: No the petition is dismissed

because (1) the Mutual Defense Treaty
is made relevant by the VFA, and it is
the VFA that gives legitimacy to the
Balikatan exercises thus the exercises
are ultimately anchored in a duly ratified
treaty, (2) The VFA authorizes combatrelated activities/operations (not combat
operations) and that is what the
exercises are
Sec. 10. The state shall promote
social justice in all phases of national
development.

Ruling: No petition is dismissed

because (a) general principles of the
Constitutions are not self-executory; it
requires legislative actions to be so, thus
they
do
not
embody
judicially
enforceable rights
Sec. 12. The state recognizes the
sanctity of family life and shall
protect and strengthen family as a
basic autonomous social institution.
It shall equally protect 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

A. The family and the unborn

The family is not a creature of the
state. This provision protects the
family from instrumentalization of the
state.
Case: Roe v. Wade
Facts:
The
plaintiff
questions
the
constitutionality of Texas abortion
law

Issue: WON all abortions, except those

required to save the mothers life, that
are criminalize by the abortion law are in
violation of the Constitution
Ruling: Yes the plaintiff won because
it is in violation of the Due Process
clause of the 14th Amendment that
protects the right to privacy, including a
womans right to terminate her
pregnancy, against state action.