Professional Documents
Culture Documents
Purpose
FACTS:
forestall union between the State and the
Tranquilino Lagman and Primitivo de Sosa – are Church which might lead to abuse of power
charged with violation of the National Defense Law (CA
I). They, being Filipinos and having reached the age of
20 years, refused to register in the military service. The State shall pursue and independent
Sec. 7
foreign policy. In its relations with other
Foreign
Sosa – claims that he is fatherless, has mother and 8-year states the paramount consideration shall
be national sovereignty, territorial Policy
old brother to support.
integrity, national interest, and the right
Lagman – claims he also has a father to support, has no to self-determination.
military learnings, and does not wish to kill or be killed.
The Philippines, consistent with the
Sec. 8 Nuke Free
national interest, adopts and pursues a
HELD: policy of freedom from nuclear weapon in Phil
its territory.
a. National Defense Law, in so far as it establishes
compulsory military service, does not go against this Sec. 9 The State shall promote a just and
constitutional provision but is, on the contrary, in dynamic social order that will ensure the
prosperity and independence of the nation
faithful compliance therewith. Social
and free the people from poverty through
b. The duty of the Government to defend the State policies that provide adequate social Services
cannot be performed except through an army. services, promote full employment, a rising
standard of living, and an improved
quality of life.
SECTION 5 Social
The state shall promote social justice in all
Sec. 10 Justice
“The maintenance of peace and order, the protection of phases of national development.
life, liberty, and property, and the promotion of the The State values the dignity of every Human
Sec. 11
general welfare are essential for the enjoyment by all human person and guarantees for respect Rights
for human rights.
the people of the blessings of democracy.”
The State recognizes the sanctity of family
Sec. 12
life and shall protect and strengthen the
PURPOSE family as a basic autonomous social
bare essentials under a democratic regime: institution. It shall equally protect the life
of the mother and the life of the unborn
1. peace and order – civilized society; form the conception. The natural and Family
primary right and duty of parents in the
2. due process – life, liberty, and property; rearing of the youth for civic efficiency and
3. equal protection – enjoyment by all the the development of moral character shall
receive the support of the Government.
people;
4. police power – general welfare or the
common good.
SECTION 7 Concessions: annual military exercises between
“The State shall pursue an independent foreign policy. U.S. and the Phil.
In its relations with other states the paramount
3) Enhance Defense Cooperation Agreement
consideration shall be national sovereignty, territorial
Signed: 2014
integrity, national interest, and the right to self
Salient Features: develop their individual and
determination.”
collective capacities to resist armed attack by:
a) improving interoperability of b)
Foreign Policy Formulation
modernization, c) helping maintain and
a. take into action – specific international
develop maritime security, and expeanding
circumstances;
humanitarian assistance in d) response to
b. consider – national sovereignty, territorial
natural disasters
integrity, national interest, and the right to self
Concessions: allows U.S. forces to presposition
determination;
and store defense material, equipment, and
c. adhere to – peace, equality, justice, freedom,
supplies. The Agreement makes clear that this
cooperation, and amity with all nations.
material cannot include nuclear weapons.
PURPOSE
SECTION 8
a. highlights our aversion to foreign dominion;
“The Philippines, consistent with the national interest,
b. emphasize our guidelines in basic foreign
adopts and pursues a policy of freedom from nuclear
policy formulation.
weapons in its territory.”
SECTION 14
HELD:
“The State recognizes the role of women in nation-
a. Decision of the RTC must be reversed. The subject of building and shall ensure the fundamental equality
challenged regulation is certainly within the ambit of before the law of women and men.”
police power.
b. The Court feels that it is not enough to simply invoke
CORRELATION
the right to quality education as a guaranty of the
Art. XIII, Sec. 14, Constitution – “The State shall
Constitution: one must show that he is entitled to it
protect working women by providing safe and
because of his preparation and promise.
healthful working conditions, taking into account
c. It is stressed that a person who does not qualify in
their material functions, and such facilities and
the NMAT is not an absolute incompetent unfit for
opportunities that will enhance their welfare and
any work or occupation. The only inference is that he
enable them to realize their full potential in the
is probably better, not for the medical profession,
service of the nation.”
but for another calling that has not excited his
interest.
Illustrative Case
Virtuoso v. Municipal Judge PT&T v. NLRC, G.R. No. 118978, May 23, 1997 –
82 SCRA 191 PT&T’s policy of not accepting or considering as
disqualified from any work any women worker
FACTS: who contracts marriage runs afoul of the test of,
Francisco Virtuoso Jr. – 17 years old, was accused of and the right against discrimination, afforded all
robbery. women workers by our labor code and by no
less than the Constitution.
Judge of Mariveles, Bataan – set bail at P16,000.00, an
amount which the accused minor considers excessive. He
filed application for writ of habeas corpus.
PT&T v. NLRC
G.R. No. 118978, May 23, 1997
Virtuoso – filed habeas corpus contending that the amount
of the bail is excessive. FACTS:
PT&T – has a company policy of not accepting or
HELD:
considering disqualified from work any woman worker
a. Virtuoso is a 17-year old minor entitled to the who contracts marriage.
protection and benefits of the Child & Youth Welfare
Grace De Guzman – an employee of PT&T, was dismissed
Code.
from the service when she contracted marriage during
b. A youthful offender being defined as “one who is
her employment pursuant to said company policy. Thus,
over 9 years old but under 18 years of age at the
she filed case for illegal dismissal.
time of the commission of the offense”.
c. As such, he could be provisionally released on NLRC – ruled that she was illegally dismissed and ordered
recognizance in the discretion of a court. her reinstatement. PT&T went to SC.
HELD:
SECTION 13 a. PT&T’s policy of not accepting or considering as
“The State recognizes the vital role of the youth in disqualified from work any woman worker who
nation-building, and shall promote and protect the contracts marriage runs afoul of the test of, and the
physical, moral, spiritual, intellectual and social well- right against, discrimination, afforded all women
being. It shall inculcate in the youth patriotism and workers by our labor laws and by the Constitution.
nationalism and encourage their involvement in public b. ART. 136 of the Labor Code states, in uncertain
and civic affairs.” terms: “It shall be unlawful for an employer to require
as a condition of employment or continuation of
employment that a woman employee shall not get
CORRELATION
married, or to stipulate expressly or tacitly that upon
UN Convention on the Rights of Children – getting married, a woman employee shall be deemed
create avenue wherein youth sector can resigned or separated, or to actually dismiss,
participate in the affairs of government and the discharge, discriminate or otherwise prejudice a
country as a whole. woman employee merely by reason of her marriage.”
c.
SECTION 15 CORRELATION
“The State shall protect and promote the right to Art. XIV, Sec. 5, Constitution – “The State shall
health of the people and instill health consciousness assign the highest budgetary priority to education and
among them.” ensure that teaching will attract and retain its rightful
share of the best available talents through adequate
IMPLEMENTATION remuneration and other means of job satisfaction and
fulfillment.”
R.A. 9211 (July 14, 2014)
a) prohibits smoking in public places;
Illustrative Case
b) requires cigarette packs to be covered by
Guingona v. Carague, 196 SCRA 221 – Sec. 5, Art. XIV
graphic pictures and illustrations of smoking
of the Constitution which provides for the highest
hazards such as damaged lungs and throats.
budgetary priority to education is merely directory;
the hands of Congress cannot be so hamstrung as to
SECTION 16
deprive it of the power to respond to the imperatives
“The State shall protect and advance the right of the
of national interest and the attainment of other state
people to a balanced and healthful ecology in accord
policies and objectives.
with the rhythm and harmony of nature.”
GUINGONA v. CARAGUE
Illustrative Case 196 SCRA 221
Oposa v. Factoran, 224 SCRA 792 – 44 minors for
their generation as well as for “generations yet FACTS:
unborn” had a valid cause of action in
GAA of 1990 – contains P88 Billion as automatic
questioning grant of TLA pursuant to their right
appropriation for debt service authorized by PD 81, and
to a balanced and healthful ecology. Their right appropriation of P27 Billion for DECS.
to healthy environment carried with it
Sen. Teofisto Guingona – assails the constitutionality of
obligation to preserve that environment for
PD 81 on the ground that it is violative of Sec. 5, Art. XIV,
succeeding generations.
which provides for the highest budgetary priority to
education.
CORRELATION
HELD:
Art. XIII, Sec. 3, Constitution – “The State shall
a. They had a valid cause of action in questioning grant afford full protection to labor, local and overseas,
of TLA pursuant to their right for a balanced and organized and unorganized, and promote full
healthful ecology.
employment and equality of employment
b. Their right to healthy environment carried with it
opportunities for all.”
obligation to preserve the environment inherited by
the succeeding generations.
Illustrative Case
PASEI v. Drilon, 163 SCRA 386 – DOLE Department
SECTION 17 Order No. 1 which passed for the temporary
“The State shall give priority to education, science and suspension of deployment of Filipino domestic and
technology, arts, culture, and sports to foster household workers is constitutional. Protection of
patriotism and nationalism, accelerate social progress, labor does not signify the promotion of employment
and promote total human liberation and alone. What concerns the Constitution more
development.” paramountly is that such an employment be above
all, decent, just, and humane.
SECTION 19 SECTION 23
“The State shall develop a self-reliant and independent “The State shall encourage non-governmental,
national economy effectively controlled by Filipinos.” community based, or sectoral organizations that
promote the welfare of the nation.”
CORRELATION
Art. XII, Sec. 13, Constitution – “The State shall SECTION 24
pursue a trade policy that serves the general “The State recognizes the vital role of communication
welfare and utilizes all forms and arrangements in nation-building.”
of exchange on the basis of equality and
reciprocity.” SECTION 25
“The State shall ensure the autonomy of local
TAÑADA v. ANGARA governments.”
272 SCRA 18
BASCO v. PAGCOR
FACTS: 197 SCRA 52
CORRELATION
Art. XIII, Sec. 4, Constitution – “The State shall, FACTS:
by law, undertake an agrarian reform program Judges stationed in Mandaue City receive monthly
founded on the rights of farmers and regular allowance of P1,500.00 from the City. D&M issued circular
farm-workers, who are landless, to own directly limiting the allowance to not monthly more than
or collectively the lands they till or, in the case of P1,000.00. City Auditor asked the judges to reimburse the
amount they received in excess of P1,000.
other farm-workers, to receive a just share of the
fruits thereof...”
HELD:
Illustrative Case Any directive by the President or his alter egos seeking to
Association of Small Landowners v. Sec. of alter wisdom of a law-confirming judgment on local affairs
of LGU is patent nullity because it violates the principle of
Agrarian Reform, 175 SCRA 342 – “no less than
local autonomy and separation of powers of the executive
the constitution itself has ordained this
departments in governing municipal corporation.
revolution in the farms, calling for a “just
distribution” among the farmers of lands that
have heretofore been the prison of their dreams SECTION 26
but can now become the key at least to their “The State shall guarantee equal access of
deliverance” opportunities for public service, and prohibit political
Luz Farms v. Sec. of Agrarian Reform, 192 SCRA dynasties as may be defined by law.”
51 – “lands devoted to livestock and poultry-
raising are not included in the definition of PAMATONG v. COMELEC
agricultural land. Certain provisions of CARL G.R. No. 161872, Apr. 13, 2004
insofar as they included livestock farms in the
coverage of agrarian reform are FACTS:
unconstitutional.” Elly Pamatong filed his certificate of Candidacy for
President. Comelec declared him nuisance candidate. He
SECTION 22 assails this as violative of his right to “equal access to
“The State recognizes and promotes the rights of opportunities for public service”, by limiting the number of
indigenous cultural communities within the qualified candidates only to those who can afford to wage a
framework of national unity and development.” nationwide campaign and/or are nominated by political
parties.
HELD:
ADDITIONAL NOTES
The provision does not bestow a right to seek the
Presidency. The provision is not intended to compel the
State to enact positive measures that would accommodate
as many as possible into office. The privilege may be
subjected to limitations. One such limitation is the
provision of the Omnibus Election Code on nuisance
candidates.
SECTION 27
“The State shall maintain honesty and integrity in the
public service and take positive and effective measures
against graft and corruption.”
SECTION 28
“The State recognizes the vital role of the youth in
nation-building, and shall promote and protect the
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.”
CORRELATION
Art. III, Sec. 7, Constitution – “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.”
AQUINO-SARMIENTO v. MORATO
203 SCRA 515
FACTS:
Carmen Aquino-Sarmiento – member of MTRCB,
requested in February 1989 to examine board’s records
pertaining to the voting slips of individual board
members after review of the movies and television
productions.
Manuel Morato – Chairman of MTRCB, denied the request
on the ground that individual voting slips are purely
and completely private and personal.
Board Resolution No. 10-89 – issued on July 27, 1989,
declared as confidential, private and personal, the
decision of the reviewing committee and the voting slips
of the members.
Aquino-Sarmiento – thus elevated the case to the SC.
HELD:
a. Morato’s refusal to allow Aquino-Sarmiento to
examine the records is violative of the constitutional
right of access to public records, specifically, Sec. 7,
Art. III of the Constitution.
b. Decisions of the Board and the individual voting slips
accomplished by the members of the concerned are
acts made pursuant to their official functions, and as
such, are neither personal nor private in nature but
rather public in character. They are, therefore, public
records access to which is guaranteed to the
citizenry by no less than the fundamental law of the
land.