THE DECLARATION OF PRINCIPLES AND STATE POLICIES In accordance with the basic tenets of republican democracy, sovereignty in the

basic tenets of republican democracy, sovereignty in the Philippines

resides in the people and all government authority emanates from them. Thus, the people are the
THE PREAMBLE source of authority, which they transmit to their representatives through the process of election.
Moreover, the people’s power is enshrined in the systems of recall, referendum and initiative as the
“We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and means of upholding the popular will.
humane society and establish a Government that shall embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony, and to secure to ourselves and our posterity the Finally, the basic principles of republicanism are manifested in
blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom,
love, equality and peace, do ordain and promulgate this Constitution.” a. the existence of the bill of rights;
b. the observance of the rule of majority;
Derived from the word “preambulare” which means, “to walk before”, the Preamble is merely c. the observance of the principle that ours is a government of laws and not of men;
an introduction to the Constitution and is not actually a formal part of it. The Preamble confers no right, d. the observance of the principle that the State cannot be sued without its consent;
imposes no duty and creates no office. Nevertheless, it fulfills the following ends: e. the observance of the principle that the legislature cannot pass irrepealable laws; and
f. the process of election where people are given the right to choose in whose hands the reins of
1. It serves to indicate the authors of the Constitution, i.e., “the sovereign Filipino people”. While it is government shall be entrusted for a fixed period of time.
true that the Constitution is drafted by the 1986 Constitutional Commission, it is through the people’s
ratification that made it operative; 2. The renunciation of war as an instrument of national policy and the adoption of the generally
2. The Preamble also enumerates the primary aims and expresses the aspirations of the framers in accepted principles of international law as part of the law of the land. The Philippines is a friendly and
drafting the Constitution, to wit, “to build a just and humane society and establish a Government that peaceful nation. That is why, we renounced war as an instrument of national policy. However, we only
shall embody our ideals and aspirations”; and renounced aggressive or offensive war. We have not renounced the basic and instinctive right of the
3. Finally, the Preamble is useful as an aid in the construction and interpretation of the text of the state to defensive war. To constitutionally outlaw defensive war is tantamount to the relinquishment of
Constitution. However, the Supreme Court, so far, has not made use of the Preamble in deciding our right to self-preservation.
cases. The author is of the humble opinion that the Preamble may be used in a case when, after
exhausting all the applicable constitutional provisions, resolution is still elusive. The Constitution also contains the incorporation clause. This implies that the generally
accepted principles of international law shall automatically form part of the Philippine law. This is a
THE BASIC CONSTITUTIONAL PRINCIPLES UNDERLYING THE PHILIPPINE GOVERNMENT consequence of our membership in the family of nations. Thus, we are bound by international rules
such as treaties and the Charter of the United Nations.
Article II of the 1987 Constitution is entitled Declaration of Principles and State Policies. It
contains statements of the basic ideological principles and policies that underlie the Constitution. They 3. The supremacy of the civilian authority at all times over the military. This principle serves as the
must, therefore, be adhered to in the conduct of public affairs and in the resolution of public issues so safeguard against military dictatorship. This is the reason why the President --- a civilian authority --- is
as to make the Constitution a living and active document. However, the more detailed and specific made as the commander-in-chief of the Armed Forces of the Philippines (AFP). In such capacity, he
provisions of these principles and policies may be found in other articles of the Constitution or in the issues orders to the armed forces and appoints the high-ranking officials in the military. These powers
laws passed by the legislature. are conferred upon a civilian authority in order that the AFP will live up to its constitutional mandate to
be the protector of the people (and not their tormentor as it was during the Martial Law Era).
1. The Philippines is a democratic and republican state. As a democratic state, the benefit of the
greater majority is the paramount concern of the government. Being a republican state, the majority will 4. The prime duty of the government is to serve and protect the people. The State may call upon the
is expressed through the people’s representatives in the government. So that as a democratic and people to defend the State against foreign invasion. This principle is an enunciation of the primary duty
republican state, the government must uphold the people’s interests and the people’s representatives in of the Government as the servant of the people and not the other way around. This duty especially
the government must necessarily subordinate their vested interests over the universal interests. becomes relevant when we consider the formidable social and economic problems that confront the
Filipino people.

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 On the other hand, it is the duty of the citizens to defend the State from any external THE STATE POLICIES
aggression. This duty primarily devolves upon the able citizens, whether they like it or not. This is in
exchange for all the protection and benefits afforded to them by the State and they can be compelled to ON PHILIPPINE FOREIGN RELATIONSHIP
render military or civil service in the defense of the State. Such service must be rendered personally
and cannot be done by substitution or delegation. The Philippine foreign policy serves as the guiding principle that governs the conduct of the
Philippine affairs with other states. Under Section 7 of Article II, the Philippine Government is
5. The separation of Church and State. It has been aptly remarked that a union of Church and State mandated to pursue an independent foreign policy as a reiteration of its sovereign character. That is
“tends to destroy government and to degrade religion”. Hence, the 1987 Constitution reiterates that the why, in the conduct of our foreign relations with other states, the following shall be the paramount
separation of the Church and the State shall be inviolable. This principle made the two most important considerations:
social institutions in the Philippines free from mutual interference. This mandates the Church from
meddling into purely political matters. In the same manner, the State should not interfere on matters 1. national sovereignty;
that are purely of ecclesiastical concern. 2. territorial integrity;
3. right to self-determination; and
Pope Pius XI stated the relative powers of the Church and the State as follows: 4. national interest.

“Whatever, therefore, in things human is of a sacred character, whatever belongs either of its own Consistent with our national interest, the Philippines adopts and pursues a policy of freedom
nature or by reason of the end to which it referred, to the salvation of souls, or to the Church. Whatever from nuclear weapons in its territory (Section 8, Article II). According to de Leon, the intent behind this
is to be ranged under the civil and political order is rightly subject to civil authority. Jesus Christ has policy is to forbid the making, storing, manufacturing or testing in our country of nuclear weapons, as
Himself given command that what is Caesar’s is to be rendered to Caesar, and that what belongs to well as the use of our territory as dumping site for radioactive waste.
God is to be rendered to God”.
ON SOCIAL JUSTICE
The separation of Church and State is also implied in the following constitutional provisions:
The plight of the Filipino poor has bothered us for ages. They have suffered long enough to
“No law shall be passed respecting an establishment of religion” (Article III, Section VI) deserve “a little more food in their stomachs, a little more shelter over their heads, and a little more
clothing on their backs”. Social justice demands that “those who have less in life should have more in
“No public money or property shall be appropriated, applied, paid or employed, directly or law”.
indirectly, for the use, benefit or support of any sect, church, denomination, sectarian institution, or
system of religion…” [Section 29(2), Article VI] Thus, the 1987 Constitution mandates the State to promote social justice in all phases of
national development (Section 10, Article II). As such, it was imposed upon Congress to give highest
Furthermore, the “non-establishment of religion” clause (Section 5, Article III) of the 1987 Constitution priority in the enactment of measures that:
means that:
1. protect and enhance the right of all people to human dignity;
1. the State shall have no official religion; 2. reduce social, economic and political inequalities; and
2. the State cannot set up a Church, whether or not supported with public funds; nor aid one religion, 3. remove cultural inequities by equitably diffusing wealth and political power for the common good
aid all religion, or prefer one religion over the other; (Section 1, Article XIII).
3. every person is free to profess belief or disbelief in any religion;
4. every religious minister is free to exercise his calling; and This gives a new dimension to the conventional concept of social justice which primary target
5. the State cannot punish a person for entertaining or professing religious belief or disbelief. in the past was merely economic reform.

The provisions on social justice will specifically benefit the common “tao” --- the tenant
farmers, the laborers, the urban poor, women and those that are economically and socially
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underprivileged --- whose quest for decent living conditions seems elusive most of the time. Through 7. monitor the Philippine Government’s compliance to international treaty obligations on human rights
this constitutional mandate, it is hoped that the government can bridge the ever widening gap between (Section 18, Article XIII).
the rich and the poor, so as not to foment more discontent and injustice. These are all aimed at giving
life to the definition of social justice as put by Justice Laurel in the classic case of Calalang vs. Williams ON LABOR
(70 Phil. 726) where it was held that
It is a fact that the labor sector, being the economic underdog, has been exploited by ruthless
“Social justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization employers whose concern for profit reduced the laborer’s welfare to a disregard. To most Filipino
of laws and the equalization of social and economic forces by the State so that justice in its rational and laborers, work is just a means for survival. Between exploitation and survival, the laborer is virtually left
objectively secular conception may at least be approximated. Social justice means the promotion of with no choice.
the welfare of all the people, the adoption by the Government of measures calculated to ensure
economic stability of all the component elements of the community, through the maintenance of a It is in this regard that, in consonance with the State policy on social justice, the State affirms
proper economic and social equilibrium in the interrelations of the members of the community, labor as a primary social economic force (Section 18, Article II). This policy serves as a mandate for
constitutionally, through the adoption of measures legally justifiable, or extra-constitutionally, through the State to afford full protection to labor --- local or overseas, organized or unorganized --- and
the exercise of powers underlying the existence of all Governments on the time-honored principle of promote full employment and equality of employment opportunities for all.
‘salus populi est suprema lex’ (the voice of the people is the highest law of the land).”
These the State can do in the exercise of its police power. The relationship between labor and
ON HUMAN RIGHTS the employers is so impressed with public interest that the State can regulate to uphold the general
welfare. Thus, the Constitution guarantees the following rights of workers:
Our democratic institutions can only be preserved through a system which accords full respect
for human rights. Definitely, rampant violations of human rights wreck havoc to our democratic system. 1. The right to self-organization (which includes the right to form labor union free from their employer’s
Hence, Section 11 of Article II so declares: “The State values the dignity of every human person and interference);
guarantees full respect for human rights”. 2. The right to collectively bargain and negotiate with their employers concerning the terms and
conditions of their employment;
The above quoted provision was exemplified in the creation of the Commission on Human 3. The right to conduct peaceful concerted activities, including the right to strike in accordance with law;
Rights which, under Section 17 of Article XIII, shall be composed of a Chairman and four members, 4. The right to a security of tenure (meaning, an employer cannot terminate an employee/laborer except
majority of whom are required to be lawyers (all of its members must be natural-born Filipino citizens). for a just or an authorized cause);
As the people’s guardian against human right violations, the Commission is constitutionally empowered 5. The right to humane conditions of work;
to: 6. The right to a living wage; and
7. The right to participate in policy and decision-making processes affecting their rights and benefits as
1. investigate all forms of human rights violations involving civil and political rights; may be provided by law [Section 3(2), Article XIII].
2. provide appropriate legal measures for the protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid Likewise, it is a declared policy of the State to promote the preferential use of labor, domestic
services to the underprivileged where human rights have been violated or need protection; materials and locally manufactured goods, and adopts measures that help make them competitive
3. exercise visitorial powers over jails, prisons, or detention facilities; (Section 12, Article XIII).
4. establish a continuing program of research, education, and information to enhance respect for the
primacy of human rights; However, the state policy on labor does not justify the oppression of the employer’s rights.
5. recommend to Congress effective measures to promote human rights and to provide for The State should recognize, not only the rights of laborers to their just share in the fruits of production,
compensation to victims of violations of human rights or their families; but also the right of enterprises to reasonable returns on investment and to expansion and growth.
6. grant immunity from prosecution to any person whose testimony or whose possession of documents Moreover, the New Civil Code enjoins the laborer and the employers not to act oppressively against
or other evidence is necessary or convenient to determine the truth in any investigation conducted by it each other and should resort to voluntary means of settling labor disputes. This is because the laborers
or under its authority; and and the employers have shared responsibility in fostering industrial peace.
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 2. Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used
ON EDUCATION actually, directly or exclusively for educational purposes shall be exempt from tax.

Perhaps, the greatest catalyst for national development is to have functionally literate and Finally, the enjoyment of academic freedom in all institutions of higher learning is protected by
educated citizens. There can be no greater liability for a State than having a bunch of ignorant the Constitution. At this juncture, academic freedom must be understood as a three-sided right of
citizenry. In response to these truisms, it is declared under Section 1 of Article XIV that it shall be the teachers, students and academic institutions.
policy of the State to promote and protect the right of all citizens to quality education at all levels and
shall take appropriate steps to make education accessible to all. Moreover, under Section 5(5) of From the view point of teachers, academic freedom means “the freedom to investigate the
Article XIV, the State shall assign the highest budgetary priority to education. This seems to have been problems of his science and express his conclusions whether through publication or in the instruction of
forgotten by our ‘honorable’ lawmakers who put their ‘pork barrels’ above all other interests in the students, without interference from political or ecclesiastical authorities, or from the administrative
allocation of the public funds. officials of the institution in which he is employed, unless his methods are found by qualified bodies of
his own profession to be clearly incompetent, or contrary to professional ethics” (Lovejoy, Encyclopedia
In view of the foregoing, the State is mandated to: of Social Sciences).

1. Establish and maintain a system of education relevant to the needs of the people and society; Of the three sectors, the students have the most restricted enjoyment of academic freedom.
2. Provide for a free public education in the elementary and high school levels; True, the Bill of Rights guarantees the students’ right to speak their minds relative to their school
3. Make elementary education compulsory for all children of school age; policies through the exercise of freedom of speech and of the press, and their right to self-organization.
4. Establish and maintain a system of scholarship grants, student loan programs, subsidies and other However, the exercise of such rights is subject to regulation by the educational institutions.
incentives to deserving but underprivileged students in public and private schools;
5. Encourage non-formal, informal and indigenous learning system; and The regulation of students’ academic freedom by the school is in consonance with the
6. Provide adult citizens, the disabled and out-of-school youth with training in civics, vocational exercise of the latter’s academic freedom to determine:
efficiency and other skills (Section 2, Article XIV).
1. the component of its faculty;
It is worth mentioning that the State recognizes the complementary roles of public and private 2. the contents of the curriculum. It has been observed, however, that this aspect of academic freedom
educational institutions. Being impressed with public interest, private educational institutions are has been extensively used by some (unscrupulous) tertiary educational institutions as justification in
subject to the following limitations: requiring students to take up subjects that are not really relevant in their field of specialization in the
guise of “holistic education”
1. Educational institutions, other than those established by religious groups and mission boards, shall 3. the methodology to be employed by the teachers in teaching their subject matter (This makes the
be owned solely by citizens of the Philippines, or corporations and associations 60% of which capital is teacher’s academic freedom subordinate to that of educational institutions); and
owned by such citizens; 4. the conditions for admission of students. Thus, a female who wants to enter the seminary cannot
2. The control and administration of educational institutions shall be vested in citizens of the Philippines; compel its administrators that she be accepted thereto in the name of academic freedom. Truth to tell,
3. No educational institution shall be established exclusively for aliens and no group of aliens shall this aspect of the academic freedom of schools give them a free hand in getting rid of “undesirable
comprise more than one-third of the enrollment in any school, except for schools established for foreign students” (usually the militant ones), thereby subordinating the exercise by the students of their
diplomatic personnel and their dependents [Section 4(3), Article XIV]. academic freedom.

Recognizing the enormous contribution of private schools to the education of our people, the ON YOUTH
Constitution granted them the following incentives:
Indeed, the youth is the hope of our Fatherland. The future of our country lies in the hands of
1. All revenues and assets of non-stock, non-profit educational institutions used actually, directly and the youth of today. Recognizing the vital role of the youth in nation building, the Constitution provides:
exclusively for educational purposes shall be exempt from taxes and duties [Section 4(3), Article XIV]

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“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” (Section 12, Article II) “The State shall defend:
1. the right of spouses to found a family in accordance with their religious convictions and
“The State … shall promote and protect the physical, moral, spiritual, intellectual and social well-being demands of responsible parenthood;
of the youth. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement 2. the right of children to assistance, including proper care and nutrition, and special protection
in public and civic affairs” (Section 13, Article II) from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their
development;
ON WOMEN 3. the right of the family to family wage and income; and
4.the right of families and family associations to participate in the planning and implementation
For centuries, gender discrimination placed women to a disadvantageous position in the of policies and programs that affect them” (Section 3, Article XV)
society. However, with the advent of the Equal Protection Clause (Section I, Article III), chauvinism
should be rendered obsolete. Likewise, women empowerment is provided in the following constitutional “The family has the duty to care for its elderly members but the State may also do so through
precepts: just programs of social security” (Section 4, Article XV)

“The State recognizes the role of women in nation-building and shall ensure the fundamental equality
before the law of women and men” (Section 14, Article II)

“The State shall protect working women by providing safe and healthful working conditions taking into
account their maternal functions, and such facilities and opportunities that will enhance their welfare
and enable them to realize their full potential in the service of the nation” (Section 14, Article XIII)

THE FAMILY

In Rerum Novarum, Leo XII described the family as “a society limited, indeed, in number, but
no less than a true society, anterior to every kind of State or nation, invested with rights and duties of its
own, totally independent of the civil community”.

Therefore, the role of the family in nation building can never be underestimated. That is why,
the State even recognizes the Filipino family as the foundation of the nation. And to strengthen its
solidarity and actively promote its full development, the Constitution laid down the following provisions:

“The State recognizes the sanctity of family life and 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 the moral character shall receive the
support of the Government” (Section 12, Article II)

“Marriage, as an inviolable social institution, is the foundation of the family and shall be
protected by the State” (Section 2, Article XV)

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