ARTICLE II:  And if the executive who assumes power receives his office thru a valid
election by the people.
DECLARATION OF PRINCIPLES AND STATE POLICIES
Declaration of Principles and State Policies = statement of the basic
ideological principles and policies that underlie the Constitution.
The provisions shed light on the meaning of the other provisions of the
Constitution and they are a guide for all departments of the government
in the implementation of the Constitution.
 Principles = binding rules which must be observed in the conduct of
government (1-6)
o Not all 6 principles are self-executory
 Policies = guidelines for the orientation of the state (7-28)
o Some policies already anchor justiciable rights.
PRINCIPLES
Section 1. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority
emanates from them.
A state is a community of persons more or less numerous permanently
occupying a definite portion of territory independent of external control
and possessing an organized government to which a body of inhabitants
render habitual obedience.
Four requirements for a government:
 People
 Territory
 Sovereignty
 Government
State = legal concept / Nation = ethnic concept
 Legal Sovereignty = the supreme power to make law. Lodged in the
people
 Political Sovereignty = the sum total of all influences in a state, legal
and non-legal, which determine the course of law.
 A republican state implies a representative government while a
democratic state implies a direct democracy.
 Republican state = all government authority emanates from the people
and is exercised by representatives chosen by the people
 We are not only representative or republican, we also share aspects of
direct democracy such as INITATIVE AND REFERENDUM
 Sovereignty is the power to make legal decisions.
 All sovereignty resides in the people, and whatever power you have has
to be given to you.
 Sovereignty is defined by Jellinek as the supreme power to affect all
legal interests either by executive, legal, or judicial action.
Constitutional Authoritarianism = understood and practiced in the Marcos
regime under the 1973 Constitution was the presumption of the
extraordinary powers by the President INCLUDING LEGISLATIVE AND
JUDICIAL and even constituent powers, where such assumption is
authorized but the letter or at least the SPIRIT OF LEGITIMATELY ENACTED
CONSTITUTION.
 Constitution Authoritarianism is compatible with a republican state if
the Constitution upon which the Executive bases his assumption of
power is a legitimate expression of the people’s will
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos. 
 Why? Because a republican state is nothing more than a state where
sovereignty resides in the people and where all government authority
emanates from the people.
Nature and functions of Government
 Government – that institution or aggregate of institutions by which an
independent society makes and carries out those rules of action which
are necessary to enable men to live in a social state
 Or which are imposed upon the people forming that society by those
who possess the power or authority of prescribing them
 3 great departments: LEGISLATIVE, EXECUTIVE, JUDICIARY
 2 function of Government
o CONSTITUENT – compulsory
o MINISTRANT – constitute the very bonds of society
Doctrine: The Philippine government merely consents to a foreign state’s
jurisdiction in certain areas as a matter of comity, courtesy, or expediency.
The US has prior or preferential, but not exclusive jurisdiction, and the
Philippines does not divest itself of jurisdiction over offenses committed
inside the military bases. The bases are not foreign territory. Functions of
Government As defined in Bacani v. NACOCO, the functions of
government are classified into constituent and ministrant functions.
Constituent Functions The constituent functions of government are the
compulsory functions of government that constitute the very bonds of
society.
As enumerated by Woodrow Wilson, they are:
1. The keeping of order and providing for the protection of persons and
property from violence and robbery.
2. The fixing of legal relations between man and wife and between
parents and children.
3. The regulation of the holding, transmission, and interchange of
property, and the determination its liabilities for debt or for crime
4. The determination of contract rights between individuals.
5. The definition and punisment of crime.
6. The administration of justice in civil cases.
7. The determination of the political duties, privileges, and relations of
citizens
8. Dealings of the state with foreign powers: the preservation of the state
from external danger or encroachment and the advancement of its
international interest.
It is opined that housing for the people and the compelling demands of
social justice now fall under the ambit of a government’s constituent
functions.
Ministrant Functions
Ministrant functions of the government are the optional functions that
are intended for achieving a better life for the community. The principles
for determining whether or not the government shall exercise these
functions are:
 That a government should do for the public welfare those things that
private capital would not naturally undertake
 That a government should do those things which by its very nature it is
better equipped to administer for the public welfare than any private
individual or group of individuals.
State, government, and administration
1
State is the corporate entity, government is the institution that
implements the will of the State, and administration refers to the people
running the institution.
De facto government
Judicial acts and proceedings of de facto governments remain good and
valid even after the liberation or reoccupation of the Philippines by the
American and Filipino forces.
Doctrine: There are three kinds of de facto governments. Is the
government established by the Japanese DE FACTO?
KINDS OF DE FACTO GOVERNMENT
attempted by the integration of the two. There are two widely
divergent forms of this type, where the parliament is superior in
political power to the cabinet (French model) or vice versa (British
model).
 6 STRUCTURAL ELEMENTS COMMON TO ALL PARLIAMENTARY
GOVERNMENTS:
 Members of the government are also members of the
parliament.

 First, is when the government de facto gets possession and control of,
or usurps, by force or by the voice of the majority, the rightful legal
government and maintains itself against the will of the latter.
(Cromwell’s England)
 The second is a government established and maintained by military
 RATIONALE: So the Assembly can subject them to political
responsibility by making them stand up in the midst and
account for their conduct of office.
 Government/Cabinet consists of the political leaders of the

forces who invade and occupy a territory of the enemy in the course of majority party

war, and which is denominated a government of paramount force  Pyramidal structure with the Prime Minister as its apex and

(Japanese Occupation) recognized leader

 The third kind is that established as an independent government by the

inhabitants of a country who rise in insurrection against the parent  PM exercises undisputed supremacy over his ministerial

state (Southern Confederacy) colleagues.

o Of the second kind, denominated as a government of paramount  Government remains in power so long as it commands the
support of the majority of the members of the parliament
force.

 Power is lost when majority withdraws its support

 Distinguishing Characteristics of a De Facto government:
 General elections change the majority structure of

o Its existence is maintained by active military power within the parliament

territories and against the rightful authority of an established and

lawful government  Policy decision is shared by the government and the parliament

o While it exists it must necessarily be obeyed in civil matters by private  It is in POLICY CONTROL that the crux of the pattern of a

citizens, who by obedience rendered in submission to such force, do parliamentary government lies

not become responsible as wrongdoers for those acts, though not

 Dissolution and vote of non-confidence belong together like
warranted by the laws of the rightful government.
piston and cylinder

 Philippine Government promulgated during the Japanese years = DE

 Cabinet – prime minister and cabinet over the parliament
FACTO GOVERNMENT OF THE SECOND KIND
 The legislative and judicial acts of de facto government = VOID AB
 MAIN FEATURES:
INITIO.
 Patterns of Government
 Existence of 2 alternating parties possessing even chances in
the long run becoming the majority party
o What superficially appears to be a bewildering variety of applications
 Cabinet is relatively a small committee composed of leaders
of constitutional democracy can be reduced to the following basic
of the majority party
patterns:
 The official leader of the winning party is the prime minister
designate. Undisputed leader and superior of his cabinet
 Direct government – the people, organized as the electorate, are
whose members he choose upon his discretion
the preponderant power holder (Ancient Greek City-States)
 Policy decision is in the hands of PM and cabinet, the
 Assembly government – name for the pattern which the
commons are granted only that degree of participation in the
parliament as the representation of the people is the
policy execution by legislation that the prevailing political
preponderant power holder (China, former USSR)
climate of public opinion demands
 Policy control is vested in both houses of the parliament and
 Legislative assembly holds undisputed supremacy over all other
the electorate
state organs, subject only to the sovereign electorate renewing
 Majority of the parliament members = men of intelligence,
it at regular intervals
integrity, and experience. PARTY DICSIPLINE!
 Incompatible with bicameralism
 Chief of state – ceremonial
 Presidential – If the independent power holders, government and

 Parliamentarism – where there exists an equilibrium between the parliament, are kept separated but are constitutionally obligated

independent power holders, parliament and government, and is

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.  2
 to corporate for the formation of the will of the state,
interdependence is achieved by coordination.
Marcos Dictatorship and Parliamentarism vs. Presidential Government
 The Marcos government was a presidential form of government. A
presidential form of government has these distinguishing features:
o Separation of powers
o The pre-eminence of the President
 First of all, Marcos inherited the powers of the President as defined in
the 1935 Constitution. He was also superior to the Prime Minister by
the fact that he nominated the Prime Minister, approved the program
of government to be administered by the Prime Minister, terminated
the term of the Prime Minister if and when he nominates his successor,
and could delegate powers to the Prime Minister. He also had control
over the ministries. Moreover, while there was a closer relationship
between the executive and legislative, thereby manifesting some
aspects of parliamentarism, there was a definite separation. Separation
from the Judiciary was also maintained.
Section 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 and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
Renunciation of war
 The war that is renounced is an aggressive and not a defensive war.
 Congress = power to declare a state of war
Adoption of International law
 International law can only become part of municipal law through the
appropriate constitutional machinery, such as an act of parliament or
Congressional legislation.
 TRANSFORMATION and INCORPORATION
 Sec. 2 Art II accepts doctrine of incorporation. International law has the
same force as domestic law
 Cases of Mejoff v. Director of Prisons (alien of Russian descent who had
been detained. Invoked the Universal Declaration of Human Rights)
 AGUSTIN V. EDU – use of early warning devices. Court ruled that the
1968 Vienna Convention on Road Signs and Signals had been ratified
 Although the doctrine of incorporation tells us that public international
law carries the same weight as statutory law, when it comes to general
principles of international law, the ones that will be adopted by the
country are arrived at through jurisprudential development.
Adherence to policy of peace, freedom, amity
 Foreign policy = national interest
Section 3. 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.
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
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos. 
goal is to secure the sovereignty of the State and the integrity of the
national territory. The section is divided into two clauses, the Civilian
Supremacy clause and the Mark of Sovereignty clause.
 Civilian Supremacy – civilian authority is, at all times, supreme over the
military.
 Mark of Sovereignty – the AFP is the protector of the people and the
state.
 “As politics get into the army, the army gets into politics”. MARTIAL
LAW.
 Armed forces = protector of the state
Mark of Sovereignty
The MoS clause is, in capsule form, the description of a soldier’s vocation.
The soldier is supposed to renounce political ambition because he finds
nobility and dignity and honor in being the guardian of the people and of
the integrity of the national territory of a legitimate government. This is
not a principle, which once articulated, creates the reality that it seeks to
describe. To keep the dream of civilian supremacy alive, two elements are
needed: a civilian government that is both legitimate and stable, and an
armed force of the highest professionalism.
Section 4. 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 fulfilment thereof, all citizens may be required, under
conditions provided by law, to render personal, military or civil service.
Compulsory military and civil service; protection of people and State
 Volunteer system – entrusting the sacred mission of defending the
country to men lacking in capacity who have proved failures in other
fields of activity (like in Korea)
 People v. Lagman – the accused was prosecuted for failing to register
for military service under the National Defense Act. Act is NOT
unconstitutional.
Section 5. The maintenance of peace and order, the protection of life,
liberty, and property, and promotion of the general welfare are essential
for the enjoyment by all the people of the blessings of democracy.
 Peace, order, and general welfare
 Padilla: provision recognized a hierarchy of rights – LIFE, LIBERTY,
PROPERTY
Section 6. The separation of Church and State shall be inviolable.
 Article III, Section 5
STATE POLICIES
Section 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.
An Independent foreign policy
 Discussions on the future of the military bases in Subic and Clark
 Closest reference to military bases that a dominant majority in the
ConCom would allow in the body of the constitution
Section 8. The Philippines, consistent with the national interest, adopts
and pursues a policy of freedom from nuclear weapons in its territory.
3
 A policy of freedom from nuclear weapons
 2 questions:
o What are banned by the provision?
o How absolute is the ban?
 “Not only possessing weapons but also NUCLEAR TESTS in our territory
as well as the use of our territory as dumping ground for radioactive
wastes (JPEPA?!)”
 Not a ban on the peaceful uses of nuclear energy
Section 9. 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.
Section 10. The State shall promote social justice in all phases of
national development.
 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 favouring the disadvantaged in life
 Common person, PREFERENTIAL OPTION FOR THE POOR
Section 11. The State values the dignity of every human person and
guarantees full respect for human rights.
Section 12. 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.
 “FAMILY” – a stable, heterosexual relationship
 Family is anterior to the state and is not a creature of the state
 It protects the family from the instrumentalization by the state
 2 points on the legal meaning and purpose of the protection that is
guaranteed for the unborn:
o THIS IS NOT AN ASSERTION THAT THE UNBORN IS A LEGAL PERSON
o THIS IS NOT AN ASSERTION THAT THE LIFE OF THE UNBORN IS
PLACED EXACTLY ON THE LEVEL TO SAVE THE LIFE OF THE MOTHER
 When the life of the mother needs to be saved, the unborn can be
sacrificed but not merely when the purpose is to save the mother
from emotional suffering
 Roe v. Wade – liberalized abortion laws up to the 6 th month of
pregnancy by allowing abortion any time in the first 6 th months
 Roe was overturned by CASEY. 4 th month with undue burden test
and will inform the parents and father
Section 13. 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
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos. 
patriotism and nationalism, and encourage their involvement in public
and civic affairs.
 As to the education of children, the rights of the State and parents are
delineated, as the primary right belongs to the parents and affirms the
secondary and supportive role of the state.
 The State, as parens patriae, may step in when a natural parent cannot
or fails to cope with the duties of raising his or her children.
Section 14. The State recognizes the role of women in nation-building,
and shall ensure the fundamental equality before the law of women and
men.
 Fundamental equality between men and women before the law
 The provision is worded as not to dislocate the Civil Code and the
jurisprudence on the subject. What it does is to give impetus to the
removal, through statutes, of existing inequalities. The general idea is
for the law to ignore gender in determining rights and duties
Section 15. The State shall protect and promote the right to health of
the people and instill health consciousness among them.
Section 16. 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.
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.
This provision recognizes an enforceable right. This is illustrated in the
following cases.
Section 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and
nationalism, accelerate social progress, and promote total human
liberation and development.
This does not mean that the government is not free to balance the
demands of education against other competing and urgent demands.
Section 18. The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
This means that the human factor has primacy over the non-human factor
in production.
Section 19. The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
 This is a guide for interpreting provisions on the national economy and
patrimony
 Any doubt must be resolved in favour of self-reliance and
independence in favour of Filipinos
Section 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed
investments.
 MARINE RADIO COMMUNICATIONS ASSOCIATION V. REYES – “Article II,
Section 20 is no more than an acknowledgement of the importance of
private initiative in building the nation. However, it is not a call for
official abdication of duty to citizenry”
Section 21. The State shall promote comprehensive rural development
and agrarian reform.
Comprehensive rural development also includes:
 Social
 Economic
4
 Human business or service engaged in regularly supplying the public with some
commodity or service of PUBLIC CONSEQUENCE (Iloilo Ice and Cold
 Cultural
Storage Co. v. Public Utility Board, Art. XII Sec. 11).

 Political
Section 25. The State shall ensure the autonomy of local governments.
 Industrial development
 Art. X Sec. 1. The TERRITORIAL and POLITICAL SUBDIVISIONS of the

Section 22. The State recognizes and promotes the rights of indigenous Republic of the Philippines are the PROVINCES, CITIES, MUNICIPALITIES,

cultural communities within the framework of national unity and and BARANGAYS. There shall be AUTONOMOUS REGIONS in MUSLIM

development. MINDANAO and THE CORDILLERAS as herein after provided.

Indigenous and cultural communities are discussed under National  PROVINCES, CITIES, MUNICIPALITIES, and BARANGAYS-fixed as the
Economy and Patrimony (XII) and LG (X) standard TERRITORIAL and POLITICAL SUBDIVISIONS of the Philippines
Section 23. The State shall encourage non-governmental, community-
based, or sectoral organizations that promote the welfare of the nation.
 AUTONOMOUS REGION – a BODY CORPORATE consisting of provinces,
Section 24. The State recognizes the vital role of communication and
cities, and municipalities. Creation of other autonomous regions can
information in nation-building.
only be accomplished by CONSTITUTIONAL AMENDMENT.
 The right of PROVINCES, CITIES, MUNICIPALITIES, BARANGAYS, and
 The 1986 Constitutional Commission refused to impose a “social
AUTONOMOUS REGIONS to exist as the TERRITORIAL and POLITICAL
responsibility” on media
SUBDIVISIONS of the state is no longer just a STATUTORY RIGHT but a
 Imposing such a duty will open the door for the state to require media
CONSTITUTIONAL RIGHT.
to follow a certain line
 Salient Criteria for AUTONOMY:
 Art. XVI Sec. 10. The State shall provide the policy environment for the
full development of Filipino capability and the emergence of
o AUTONOMY should be compatible with NATIONAL GOALS
COMMUNICATION STRUCTURES suitable to the needs and aspirations
o AUTONOMY should ensure WIDEST PARTICIPATION and INITIATIVE to
of the nation and the BALANCED FLOW OF INFORMATION into, out of,
the local government unit
and across the country, in a accordance with a policy that respects
o AUTONOMY should assure the development of SELF-RELIANT
FREEDOM OF SPEECH.
communities

 Communication Policy – includes within its scope COMMERCIAL

 LOCAL GOVERNMENT – a POLITICAL SUBDIVISION of a nation or a state
TELECOMMUNICATIONS, MASS MEDIA, and ADVERTISING. This section
which is CONSTITUTED BY LAW and has SUBSTANTIAL CONTROL of
is concerned with the AVAILABILITY and REACH of communication
LOCAL AFFAIRS.
facilities.
 Unitary System of the Philippines: LOCAL GOVERNMENT can only be an
 The State may exercise its authority TO MAINTAIN a PROPER
infra-sovereign subdivision of ONE SOVEREIGN NATION.
COMMUNICATION ENVIRONMENT by ordering a PRIVATE telephone
 It cannot be an imperium in imperio but only:
company to allow interconnection.
 Art. XVI Sec. 11.
o A measure of autonomy
(1) The OWNERSHIP and MANAGEMENT of MASS MEDIA shall be o Decentralization of the FUNCTIONS of GOVERNMENT
limited to CITIZENS of the PHILIPPINES, or to corporations, cooperatives
or associations, WHOLLY-OWNED and MANAGED by such CITIZENS.  Art. X Sec. 2. The TERRITORIAL and POLITICAL SUBDIVISIONS shall
The CONGRESS shall REGULATE or PROHIBIT MONOPOLIES in
enjoy LOCAL AUTONOMY.
COMMERCIAL MASS MEDIA when the PUBLIC INTEREST so requires.
 Local Autonomy – means more than just decentralization:
(2) The ADVERTISING industry is impressed with PUBLIC INTEREST, and
shall be regulated by law for the PROTECTION OF CONSUMERS and the
o Decentralization of ADMINISTRATION-when the CENTRAL
PROMOTION of the GENERAL WELFARE.
GOVERNMENT delegates ADMINISTRATIVE powers to political
subdivisions in order to:
 ONLY FILIPINO CITIZENS or corporations or associations at least
SEVENTY PER CENTUM of the capital of which is owned by such citizens
 Broaden the base of government power making local
shall be allowed to engage in the advertising industry.
governments more RESPONSIVE and ACCOUNTABLE
 The participation of FOREIGN INVESTORS in the governing body of
 Ensure their fullest development as SELF-RELIANT communities
entities in such industry shall be LIMITED TO THEIR PROPORTIONATE
 Make them more effective PARTNERS in the pursuit of NATIONAL
SHARE in the capital thereof, and all the EXECUTIVE and MANAGING
DEV’T. and PROGRESS
OFFICERS of such entities MUST BE CITIZENS OF THE PHILIPPINES.
 Relieves THE CENTRAL GOVERNMENT the burden of managing
 The Constitution Commission did not succeed in formulating a
LOCAL AFFAIRS, enabling it to focus on NATIONAL CONCERNS
definition of MONOPOLIES
 MASS MEDIA – includes radio, television, and the printed media. It
o Decentralization of POWER-involves an abdication of POLITICAL
does not include commercial telecommunications, which are governed
POWER in favour of LOCAL GOVERNMENT UNITS declared to be
as public utilities, nor the advertising industry.
AUTONOMOUS. The AUTONOMOUS GOVERNMENT becomes
 PUBLIC UTILITY – a utility corporation which renders service to the
accountable not to the CENTRAL AUTHORITIES but to ITS
general public for COMPENSATION. Its service is not confined to
CONSTITUENCY.
privileged individuals but is OPEN TO AN INDEFINITE PUBLIC. It is a

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.  5
 The meaning of LOCAL AUTONOMY under the 1987 Constitution,
HOWEVER, was effectively thrown down to the LEVEL OF AUTONOMY
under the 1935 Constitution.
 Commission on Audit MAY NOT reduce the allowance given to JUDGES
by LOCAL GOVERNMENTS, as the LOCAL GOVERNMENT CODE
authorizes LOCAL GOVERNMENTS to give allowance to judges and
decide how much this should be.
 Art. X Sec. 3. THE CONGRESS shall enact a LOCAL GOVERNMENT CODE
which shall provide for a more RESPONSIVE and ACCOUNTABLE local
government structure instituted through a SYSTEM OF
DECENTRALIZATION with effective mechanism of RECALL, INITIATIVE,
and REFERENDUM, ALLOCATE among the different local government
units their powers, responsibilities, and resources, and provide for the
QUALIFICATIONS, ELECTION, APPOINTMENT AND REMOVAL, TERM,
SALARIES, POWERS AND FUNCTIONS AND DUTIES OF LOCAL OFFICIALS,
and all other matters relating to the organization and operation of the
local units.
 INITIATIVE AND REFERENDUM – the legal process whereby the
registered voters of a LOCAL GOVERNMENT UNIT may DIRECTLY
propose, enact, or amend any ordinance.
 The COURT has ruled that, even as worded, the statute authorizes
INITIATIVE AND REFRENDUM not just on ordinances BUT ALSO ON
RESOLUTIONS
 RECALL – as an instrument for effecting official accountability, is a
DEVICE or PROCEDURE by which a public official’s tenure may be
terminated by POPULAR VOTE. It may be applied to both ELECTIVE and
APPOINTIVE officials.
 CONGRESS was not straight jacketed to one particular mechanism of
initiating recall elections and was given the POWER TO CHOOSE the
effective mechanism of recall AT ITS DISCERNMENT. It is the
LEGISLATIVE that determines the necessity, adequacy, wisdom and
expediency of law.
 Principal Guidelines given to CONGRESS for structuring LOCAL
GOVERNMENT UNITS:
o The structure must be RESPONSIVE and ACCOUNTABLE
o It must be instituted through a SYSTEM OF DECENTRALIZATION
Section 26. The State shall guarantee equal access to opportunities for
public service and prohibit political dynasties as may be defined by law.
 The establishment of political dynasties is an effective way of
MONOPILIZING and PERPETUATING power. BUT the argument that the
ELECTORATE should be LEFT FREE TO DECIDE is not without VALIDITY.
 The meaning of POLITICAL DYNASTIES has been left for CONGRESS to
define:
 DEAN BAU: POLITICAL DYNASTIES still has no definition to date. The
question is “are the principles CORRECT and can they be
IMPLEMENTED?”
Section 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.
 Art. XI Sec. 1. PUBLIC OFFICE is a PUBLIC TRUST. Public officers and
employees must at all times be ACCOUNTABLE to the people, serve
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos. 
them with utmost RESPONSIBILITY, INTEGRITY, LOYALTY, AND
EFFICIENCY, act with PATRIOTISM and JUSTICE, and lead MODEST lives.
 The provisions of Art. XI are designed to exact ACCOUNTABILITY from
public officers
 Art. XI Sec. 2. The PRESIDENT, THE VICE-PRESIDENT, THE MEMBERS OF
THE SUPREME COURT, THE MEMBERS OF THE CONSTITUTIONAL
COMMISSIONS, AND THE OMBUDSMAN may be removed from office,
ON IMPEACHMENT for, and CONVICTION OF, CULPABLE VIOLATION OF
THE CONSTITUTION, TREASON, BRIBERY, GRAFT and CORRUPTION,
OTHER HIGH CRIMES, or BETRAYAL OF PUBLIC TRUST. All other public
officers and employees may be removed from office as provided by law,
but NOT BY IMPEACHMENT.
 The 2 exceptions of JUDICIAL INDEPENDENCE:
o Power of the COMELEC and of the ELECTORAL TRIBUNALS to be
judges of ELECTIONS CONTESTS
o Power of IMPEACHMENT of CONGRESS, the exercise of which is an
act of POLITICAL JUSTICE
 IMPEACHMENT PROCESS – the RIGHT to be removed ONLY BY
IMPEACHMENT is the Constitutions strongest guarantee of SECURITY
OF TENURE. The guarantee effectively blocks the use of other legal
ways of ousting an officer.
o Makes the president immune from LEGAL ACTION
o But at the same time REMOVABLE in extreme cases
 The object of the process is NOT TO PUNISH but ONLY TO REMOVE a
person from office
 REMOVAL and DISQUALIFICATION are the only punishments that can be
imposed upon conviction on impeachment. CRIMINAL and CIVIL
LIABILITY can follow AFTER the officer has been removed by
IMPEACHMENT.
 Art. XI Sec. 4. The present ANTI-GRAFT COURT known as the
SANDIGANBAYAN shall continue to function and exercise its jurisdiction
as now or hereafter may be provided by law.
 *The SANDIGANBAYAN-shall have the jurisdiction over CRIMINAL and
CIVIL cases involving GRAFT and CORRUPT practices.
 Art. XI Sec. 15. The RIGHT OF THE STATE to RECOVER PROPERTIES
unlawfully acquired by PUBLIC OFFICIALS of EMPLOYEES, from them or
from their nominees or transferees, shall not be barred by
PRESCRIPTION, LACHES, OR ESTOPPEL.
o PRESCRIPTION – A method of acquiring or extinguishing rights
through the inaction of the legal owner
o LACHES – A legal doctrine whereby those who take too long to assert
a legal right, lose their entitlement to a right or compensation.
o ESTOPPEL – A bar preventing one from making an allegation or a
denial that contradicts what one has previously stated as the truth.
 R.A. 1379 Sec. 11: “The laws concerning acquisitive prescription and
limitation of actions CANNOT BE INVOKED by, nor shall they benefit the
RESPONDENT in respect of any property UNLAWFULLY ACQUIRED by
him”.
 Art. XI Sec. 16. No LOAN, GUARANTY, or other form of FINANCIAL
ACCOMMODATION for any business purpose may be granted, DIRECTLY
or INDIRECTLY, by any GOVERNMENT-OWNED or CONTROLLED bank or
financial institution to the PRESIDENT, THE VICE-PRESIDENT, THE
MEMBERS OF THE CABINET, THE CONGRESS, THE SUPREME COURT,
AND THE CONSTITUTIONAL COMMISSIONS, THE OMBUDSMAN, or to
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 any firm or entity in which they have controlling interest, during their
tenure.
 Includes only those of HIGH RANK

Section 28. 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.

 Art. III Sec. 7. The right of the people to information on matters of

PUBLIC CONCERN shall be recognized. Access to OFFICIAL RECORDS,
and to DOCUMENTS, and PAPERS pertaining to OFFICIAL ACTS,
TRANSACTIONS, or DECISIONS, as well as to GOVERNMENT RESEARCH
DATA used as basis for policy development, shall be afforded the
citizen, subject to such LIMITATIONS as may be provided by law.
 Note: However, THE COURT said: We do not believe that the
CONSTITUTIONAL RIGHT to FREEDOM OF SPEECH is in any way involved
(in this case). Freedom of information and freedom to obtain
information for publication is NOT GUARANTEED by the constitution.
 1973 Constitution: Went beyond the Subido case: recognized the right
of access to public documents and records as a SELF-EXECUTORY
CONSTITUTIONAL RIGHT. Preserved by the 1987 Consti with the
addition of “government research data” as a reaction to the
government practice during the Marcos regime of withholding such
data from the public.
 Also determined in Chavez is the extent to which the public has a right
to information about the efforts of government through the PCGG to
recover ILLEGALLY OBTAINED WEALTH. THE COURT: It is incumbent
upon the PCGG to disclose sufficient public information...such
information, though, must pertain to DEFINITE PROPOSITIONS...not to
communications during the stage when common assertions are still IN
THE PROCESS of being formulated.
 GSIS: In granting loans, exercises a PROPRIETARY FUNCTION does not
justify the exclusion of the transactions from the coverage and scope of
the RIGHT TO INFORMATION. As a government institution, it may be
compelled to show documents evidencing BEHEST LOANS even if they
are proprietary in nature.
 COMELEC: The refusal of the COMELEC to reveal the names of the
nominees for party-list seats violates the right of the people to
information on matters of PUBLIC CONCERN.

Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos.  7