Professional Documents
Culture Documents
Section 2. The Philippines renounces war Section 6. The separation of Church and
as an instrument of national policy, State shall be inviolable.
adopts the generally accepted principles
of international law as part of the law of STATE POLICIES
the land and adheres to the policy of
peace, equality, justice, freedom, Section 7. The State shall pursue an
cooperation, and amity with all nations. independent foreign policy. In its
relations with other states, the
Section 3. Civilian authority is, at all times, paramount consideration shall be
supreme over the military. The Armed national sovereignty, territorial integrity,
Forces of the Philippines is the protector national interest, and the right to self-
of the people and the State. Its goal is to determination.
secure the sovereignty of the State and
the integrity of the national territory. Section 8. The Philippines, consistent with
the national interest, adopts and pursues
Section 4. The prime duty of the a policy of freedom from nuclear
Government is to serve and protect the weapons in its territory.
Section 13. The State recognizes the vital
Section 9. The State shall promote a just role of the youth in nation-building and
and dynamic social order that will ensure shall promote and protect their physical,
the prosperity and independence of the moral, spiritual, intellectual, and social
nation and free the people from poverty well-being. It shall inculcate in the youth
through policies that provide adequate patriotism and nationalism, and
social services, promote full employment, encourage their involvement in public
a rising standard of living, and an and civic affairs.
improved quality of life for all.
Section 14. The State recognizes the role
Section 10. The State shall promote social of women in nation-building, and shall
justice in all phases of national ensure the fundamental equality before
development. the law of women and men.
Section 11. The State values the dignity of Section 15. The State shall protect and
every human person and guarantees full promote the right to health of the people
respect for human rights. and instill health consciousness among
them.
Section 12. The State recognizes the
sanctity of family life and shall protect and Section 16. The State shall protect and
strengthen the family as a basic advance the right of the people to a
autonomous social institution. It shall balanced and healthful ecology in accord
equally protect the life of the mother and with the rhythm and harmony of nature.
the life of the unborn from conception.
The natural and primary right and duty of Section 17. The State shall give priority to
parents in the rearing of the youth for education, science and technology, arts,
civic efficiency and the development of culture, and sports to foster patriotism
moral character shall receive the support and nationalism, accelerate social
of the Government. progress, and promote total human
liberation and development.
Section 18. The State affirms labor as a Section 24. The State recognizes the vital
primary social economic force. It shall role of communication and information in
protect the rights of workers and nation-building.
promote their welfare. Section 25. The State shall ensure the
autonomy of local governments.
Section 19. The State shall develop a self-
reliant and independent national Section 26. The State shall guarantee
economy effectively controlled by equal access to opportunities for public
Filipinos. service and prohibit political dynasties as
may be defined by law.
Section 20. The State recognizes the
indispensable role of the private sector, Section 27. The State shall maintain
encourages private enterprise, and honesty and integrity in the public service
provides incentives to needed and take positive and effective measures
investments. against graft and corruption.
Section 21. The State shall promote Section 28. Subject to reasonable
comprehensive rural development and conditions prescribed by law, the State
agrarian reform. adopts and implements a policy of full
public disclosure of all its transactions
Section 22. The State recognizes and involving public interest.
promotes the rights of indigenous cultural
communities within the framework of
national unity and development.
→The courts, for their part, may claim the The determination of what constitutes
contempt power inherent in the judiciary. disorderly behavior is a political question
and therefore not cognizable by the
Justiciable and Political Questions courts. A procedural rule the
interpretation of which calls only for a
Justiciable can be subject of Judicial mathematical computation, is a
Review while Political Questions, justiciable question.
technically, cannot be subject to Judicial
“The term ‘political question’ connotes
what it means in ordinary parlance, Judicial Power now includes the duty to
namely, a question of policy. It refers to determine whether or not there has been
those questions which, under the a grave abuse of discretion amounting to
Constitution, are to be decided by the lack or excess of jurisdiction on the part of
people in their sovereign capacity; or in any branch or instrumentality of the
regard to which full discretionary Government – Article VIII, Sec. 1.
authority has been delegated to the
legislative or executive branch of the Supreme Court may review the sufficiency
government.’ It is concerned with issues of the factual basis of a martial law
dependent upon the wisdom, not legality, proclamation by the president.
of a particular measure.”
“Political questions are neatly associated Chapter 7
with the wisdom, not the legality of a Doctrine of Delegation of Powers
particular act.
Delegation of Powers General Rule:
Application of the Doctrine Potestas Delegata Non Delegari Potest –
what has been delegated cannot be
A writ of mandamus could not be issued delegated
against the chief executive to compel him.
Principle of non-delegation applies to all 3
“corollary to the principle of separation of major powers of the government.
powers is the doctrine of primary
jurisdiction that the courts will defer to Delegation has been more necessary for
the decisions of the administrative offices the legislative power.
and agencies by reason of their expertise
and experience in the matters assigned to Congress Creating an Administrative Body
them.” to promulgate rules and regulations
subject to limitations is an example of
Political Questions Under the New delegation (e.g. LTFRB)
Constitution
Permissible Delegation exercised to carry out national
policy declared by congress
Tariff Powers State of emergency does not
The President is granted stand-by or automatically give the President
flexible tariff powers emergency powers
Article VI, Section 28(2) of the
Constitution Delegation to the People
Expediency to act immediately on The Government is democratic – but is a
certain matters affecting the representative democracy. The people
national economy acts through their representatives.
Referendum – method of submitting an
Emergency Powers important legislative matter to the direct
The congress may authorize the vote of the whole people / the power of
President to exercise emergency the electorate to approve or reject a
powers in times of war and other legislation through an election called for
national emergency that purpose
During times of war and calamity, it Plebiscite – decree of the people. Device
his highly unlikely that the Congress to obtain a direct popular vote on a
can form a quorum to do its matter of political importance / electoral
business process by which an initiative on the
The president becomes a Constitution is approved or rejected by
constitutional dictator the people.
Conditions: War or National
Emergency, delegation must be for Delegation to the Local Government
a limited time only, the delegation Local legislatures are more
must be for a limited period, the knowledgeable than the national
delegation must be subject to strict lawmaking body on matters of purely
restrictions prescribed by congress, local concern
the emergency powers must be Local affairs shall be managed by local
authorities
Delegation to Administrative Bodies Prevents total transference of legislative
Power of subordinate legislation is power from the lawmaking body to the
assigned to administrative bodies delegate
because of the proliferation of specialized
activities and their attendant peculiar The Pelaez Case
problems
Given the volume and variety of The Completeness and Sufficient
interactions in today’s society, it is Standard Tests should be applied
doubtful if the legislature can create laws together or concurrently
that will deal with all adequately
For an administrative regulation to be Pelaez contended that Sec. 68 of the
valid, it must be authorized by legislature Revised Administrative Code empowering
the President to create, merge, divide,
Tests of Delegation abolish or otherwise alter the boundaries
of municipal corporations is an invalid
The Completeness Test delegation of legislative power
The law must be complete in all its
essential terms and conditions when it
leaves the legislature so that there will be
nothing left for the delegate to do except
enforce it.