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CHAPTER 5.

FUNDAMENTAL PRINCIPLES AND STATE POLICIES

12. IBP vs. Zamora

Article 16 Section 5.No member of the armed forces in the active service shall, at any time, be appointed
or designated in any capacity to a civilian position in the Government, including government-owned or
controlled corporations or any of their subsidiaries.

13. PP vs. Lagman

Article II Section 2.Defense of state is a prime duty of government, and in the fulfillment of this duty, all
citizens may be required by law to render personal military or civil service.

14. INC vs CA
15. TARUC vs dela Cruz

Separation of Church and State shall be inviolable.

16. Tanada vs Angara

State Policies. Section 19. The State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.

17. Lim vs Exec Sec.

Article 2. 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.

18. Razon vs Tagitis


19. Imbong vs. Ochoa

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.

20. Oposa vs Factoran

Article 12. Section 1. The goals of the national economy are a more equitable distribution of
opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by
the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of
life for all, especially the underprivileged.

21. Marina Radio vs Reyes

Article II, Sec. 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.

22. Hacienda Luisita vs. PARC

Article 8 Section 4. The State shall, by law, undertake an agrarian reform program founded on the right
of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or,
in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall
encourage and undertake the just distribution of all agricultural lands, subject to such priorities and
reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental,
or equity considerations, and subject to the payment of just compensation. In determining retention
limits, the State shall respect the right of small landowners. The State shall further provide incentives for
voluntary land-sharing.
23. Basco vs PAGCOR

Article 2.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.

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
patriotism and nationalism, and encourage their involvement in public and civic affairs.

24. Limbona vs Mangelin

ARTICLE X

Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces,
cities, municipalities, and barangays. Here shall be autonomous regions in Muslim Mindanao ,and the
Cordilleras as hereinafter provided. 29

Sec. 2. The territorial and political subdivisions shall enjoy local autonomy. 30

See. 15. Mere shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting
of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and
cultural heritage, economic and social structures, and other relevant characteristics within the framework
of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the
Philippines. 31

25. Guido vs Rural Progress

Article XIII. Section 4. The Congress may authorize, upon payment of just compensation, the
expropriation of lands to be subdivided into small lots and conveyed at cost to individuals.

26. Pamatong vs. COMELEC

Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political
dynasties as may be defined by law.

27. Legaspi vs CSC

Article III.Section 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.

28. Prov. North Cotabato vs. GRP

Article III.Section 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.

Article II.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.

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