Declaration of State Policies, A2 1987 Constitution

Preliminary

The following are the decorated State policies under the 1987 Constitution:

1) That the State shall pursue an independent foreign policy;

2) That the State shall pursue a policy of freedom from nuclear weapons in its territory;

3) That the State shall promote a just and dynamic social order;

4) That the State shall promote social justice;

5) That the State shall value human dignity and full respect for human rights;

6) That the State recognizes the sanctity of family life;

7) That the State recognizes the role of youth and women in nation-building;

8) That the State shall protect and promote the people’s right to health and healthful ecology;

9) That the State shall give priority to education, science and technology, arts, culture, and ports;

10) That the State affirms labor as a primary social economic force;

11) That the State shall develop a self-reliant and independent national economy;

12) That the State recognizes the indispensable role of the private sector;

13) That the State shall promote comprehensive rural development and agrarian reform;

14) That the State recognizes and promotes indigenous cultural communities;

15) That the State shall encourage non-governmental, community-based, or sectoral organizations;

16) That the State recognizes the vital role of communication in nation-building;

17) That the State shall ensure the autonomy of local governments;

18) That the State shall guarantee equal access to opportunities for public service, prohibit political dynasties, maintain honesty and integrity in the public service, adopt and implement full public disclosure.

1. Independent foreign policy

Article II of the 1987 Philippine Constitution states:

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.

NB: Connect with discussions under treaties, executive agreements, foreign military bases.

2. No nuclear weapons

Article II of the 1987 Philippine Constitution states:

SECTION 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

3. Just and dynamic social order

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.

The charge that Enhanced Defense Cooperation Act (EDCA) allows nuclear weapons within Philippine territory is entirely speculative. It is noteworthy that the agreement in fact specifies that the prepositioned material shall not include nuclear weapons. Petitioners argue that only prepositioned nuclear weapons are prohibited by EDCA; and that, therefore, the U.S. would insidiously bring nuclear weapons to Philippine territory. The general prohibition on nuclear weapons, whether prepositioned or not, is already expressed in the 1987 Constitution. It would be unnecessary or superfluous to include all prohibitions already in the Constitution or in the law through a document like EDCA. (Saguisag v. Executive Secretary, En Banc, G.R. Nos. 212426, 212444, 12 January 2016)

4. Social Justice

Article II of the 1987 Philippine Constitution states:

SECTION 10. The State shall promote social justice in all phases of national development.

a. Concept

Social justice is “neither communism, nor despotism, nor atomism, nor anarchy,” but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the component elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex. (J. Laurel in Calalang v. Williams, G.R. No. 47800, 02 December 1940)

Social justice, therefore, must be founded on the recognition of the necessity of interdependence among divers and diverse units of a society and of the protection that should be equally and evenly extended to all groups as a combined force in our social and economic life, consistent with the fundamental and paramount objective of the state of promoting the health, comfort, and quiet of all persons, and of bringing about “the greatest good to the greatest number.” (Ibid.)

b. In relation to the underprivileged

The policy of social justice is not intended to countenance wrongdoing simply because it is committed by the underprivileged. At best, it may mitigate the penalty but it certainly will not condone the offense. Compassion for the poor is an imperative of every humane society but only when the recipient is not a rascal claiming an undeserved privilege. Social justice cannot be permitted to be refuge of scoundrels any more than can equity be an impediment to the punishment of the guilty. Those who invoke social justice may do so only if their hands are clean and their motives blameless and not simply because they happen to be poor. This great policy of our Constitution is not meant for the protection of those who have proved they are not worthy of it, like the workers who have tainted the cause of labor with the blemishes of their own character. (Manila Water Company v. Del Rosario, G.R. No. 188747, 29 January 2014)

5. Human dignity and full respect for human rights

Article II of the 1987 Philippine Constitution states:

SECTION 11. The State values the dignity of every human person and guarantees full respect for human rights.

NB: As of 2023, there is no specific legislation or republic at on human rights in the Philippines.

a. Commission on Human Rights

Per the official website of the Commission on Human Rights (CHR), the commission has the following powers and functions under Section 18, Article XIII of the 1987 Constitution:

• Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;

• Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;

• 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 services to the under-privileged whose human rights have been violated or need protection;

• Exercise visitorial powers over jails, prisons, or detention facilities;

• Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights;

• Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;

• Monitor the Philippine Government’s compliance with international treaty obligation on human rights;

• Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;

• Request the Assistance of any department, bureau, office, or agency in the performance of its functions;

• Appoint its officers and employees in accordance with law; and

• Perform such other duties and functions as may be provided by law.

6. Sanctity of family

Article II of the 1987 Philippine Constitution states:

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.

The family is the basic fundamental societal group

See related:

• E.O. 209 (s. 1987) – The Family Code

7. Youth and Women

Article II of the 1987 Philippine Constitution states:

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.

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.

See related:

• R.A. 9710 – The Magna Carta of Women

a. Child-rearing

The rearing of children (i.e., referred to as the “youth”) for civic efficiency and the development of their moral character are characterized not only as parental rights, but also as parental duties. This means that parents are not only given the privilege of exercising their authority over their children; they are equally obliged to exercise this authority conscientiously. (SPARK v. Quezon City, En Banc, G.R. No. 225442, 08 August 2017)

While parents have the primary role in child-rearing, it should be stressed that “when actions concerning the child have a relation to the public welfare or the well-being of the child, the [Sltate may act to promote these legitimate interests.” Thus, “[i]n cases in which harm to the physical or mental health of the child or to public safety, peace, order, or welfare is demonstrated, these legitimate state interests may override the parents’ qualified right to control the upbringing of their children.” (SPARK v. Quezon City [2017], citing Bykofsky v. Borough of Middletown, 401 F. Supp. 1242 (1975) U.S. Dist. LEXIS 16477)

b. Curfew ordinances

The Curfew Ordinances are but examples of legal restrictions designed to aid parents in their role of promoting their children’s well-being. These ordinances further compelling State interests (particularly, the promotion of juvenile safety and the prevention of juvenile crime), which necessarily entail limitations on the primary right of parents to rear their children. Minors, because of their peculiar vulnerability and lack of experience, are not only more exposed to potential physical harm by criminal elements that operate during the night; their moral well-being is likewise imperiled as minor children are prone to making detrimental decisions during this time. (SPARK v. Quezon City [2017], supra.)

1) Aligned with primary right of parents to rear their children

Curfew Ordinances apply only when the minors are not – whether actually or constructively – accompanied by their parents. This serves as an explicit recognition of the State’s deference to the primary nature of parental authority and the importance of parents’ role in child-rearing. Parents are effectively given unfettered authority over their children’s conduct during curfew hours when they are able to supervise them. Thus, in all actuality, the only aspect of parenting that the Curfew Ordinances affects is the parents’ prerogative to allow minors to remain in public places without parental accompaniment during the curfew hours. In this respect, the ordinances neither dictate an over-all plan of discipline for the parents to apply to their minors nor force parents to abdicate their authority to influence or control their minors’ activities. As such, the Curfew Ordinances only amount to a minimal – albeit reasonable – infringement upon a parent’s right to bring up his or her child. (SPARK v. Quezon City [2017], supra.)

2) Reasonable limitation on rights of minors

The stated purposes of the Curfew Ordinances, specifically the promotion of juvenile safety and prevention of juvenile crime, inarguably serve the interest of public safety. The restriction on the minor’s movement and activities within the confines of their residences and their immediate vicinity during the curfew period is perceived to reduce the probability of the minor becoming victims of or getting involved in crimes and criminal activities. (SPARK v. Quezon City [2017], supra.)

8. Right to health and healthful ecology

Article II of the 1987 Philippine Constitution states:

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.

Healthy people reflect a healthy State.

Thus, the State is mandated to promote the right to health of the people and instill health consciousness among them. These may come in the form of health-related legislations, programs, projects, and activities.

9. Priority to education, science, technology, arts, culture, sports

Article II of the 1987 Philippine Constitution states:

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.

The State is mandated to give priority to education, science and technology, arts, culture, and sports. As provided in the section, these greatly contribute to patriotism and nationalism, as well as accelerate social progress, and promote total human liberation and development.

10. Labor or workers

Article II of the 1987 Philippine Constitution states:

SECTION 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

a. State’s duty to protect rights of workers

In the 1987 Constitution, provisions on social justice and the protection of labor underscore the importance and economic significance of labor. Article II, Section 18 characterizes labor as a “primary social economic force,” and as such, the State is bound to “protect the rights of workers and promote their welfare.” Moreover, workers are “entitled to security of tenure, humane conditions of work, and a living wage.” (Philippine National Bank v. Padao, G.R. Nos. 180849 and 187143, 16 November 2011)

The Labor Code declares as policy that the State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work. (Philippine National Bank v. Padao [2011], supra.)

11. Self-reliant and independent national economy

Article II of the 1987 Philippine Constitution states:

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

Having a self-reliant and independent national economy effectively controlled by Filipinos is critical to ensure the stability of country’s economy and its continuity. In particular, this is to avoid a situation where the country may be beholden to foreigners who might be able to disrupt the national economy and cause serious economic impact or damage.

12. Private sector

Article II of the 1987 Philippine Constitution states:

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

a. Employer’s rights

It is true the Constitution regards labor as “a primary social economic force.” But so does it declare that it “recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investment.” The Constitution bids the State to “afford full protection to labor.” But it is equally true that “the law, in protecting the right’s of the laborer, authorizes neither oppression nor self-destruction of the employer.” And it is oppression to compel the employer to continue in employment one who is guilty or to force the employer to remain in operation when it is not economically in his interest to do so. (Philippine National Bank v. Padao [2011], supra.)

13. Rural development and agrarian reforms

Article II of the 1987 Philippine Constitution states:

SECTION 21. The State shall promote comprehensive rural development and agrarian reform.

The country’s growth is often centered in major cities, and it comes with growth in local economic opportunities and jobs. This brings prosperity and abundance to those who live in such areas.

Unfortunately, those in rural areas miss out in such opportunities because of a lack of infrastructure, manpower, and support from the local government.

This section aims to declare that one of the State’s policies is to promote comprehensive rural development. In particular, both the national and local government are mandated to take an active role in supporting and uplifting the lives of people in rural areas by providing them the necessary support and assistance.

With rural development, agrarian reform plays a crucial part. Land ownership has been and continues to be one of the difficulties that many face, particularly those in the agricultural industry. Thus, various agrarian reforms have been implemented throughout the years, namely the Comprehensive Agrarian Reform Program (CARP) which was implemented via the legislation Comprehensive Agrarian Reform Law (CARL).

14. Indigenous cultural communities

Article II of the 1987 Philippine Constitution states:

SECTION 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

The Philippines has various indigenous cultural communities which have preserved their unique traditions and culture even pre-Spanish colonial times. That they still exist today is a national heritage that should be preserved and maintained. Thus, the State recognizes them and promotes their rights through various legislations, projects, and programs.

15. Non-governmental, community-based, sectoral organizations

Article II of the 1987 Philippine Constitution states:

SECTION 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.

Non-governmental, community-based, or sectoral organizations play a critical role in providing services to certain demographic sectors or geographical areas that may be underserved. Thus, the State encourages their active involvement and participation towards promoting the welfare of the nation.

16. Communication and information in nation-building

Article II of the 1987 Philippine Constitution states:

SECTION 24. The State recognizes the vital role of communication and information in nation-building.

Communication and information refer to the media, broadcasting, and news organizations. That they provide wide-ranging coverage and directly impact people with the content that they provide, it is crucial that they contribute and do they part in nation-building.

17. Autonomy of local governments

Article II of the 1987 Philippine Constitution states:

SECTION 25. The State shall ensure the autonomy of local governments.

a. Concept

Local autonomy signified “a more responsive and accountable local government structure instituted through a system of decentralization.” The grant of autonomy is intended to “break up the monopoly of the national government over the affairs of local governments not to end the relation of partnership and interdependence between the central administration and local government units…” Paradoxically, local governments are still subject to regulation, however limited, for the purpose of enhancing self-government. (Pimentel v. Aguirre, En Banc, G.R. No. 132988, 19 July 2000)

b. Right to self-determination in autonomous regions

The grant of autonomy to the autonomous regions includes the right of self-determination-which in turn ensures the right of the peoples residing therein to the necessary level of autonomy that will guarantee the support of their own cultural identities, the establishment of priorities by their respective communities’ internal decision-making processes and the management of collective matters by themselves. (Mandanas v. Executive Secretary, G.R. Nos. 199802 and 208488, 03 July 2018)

c. Fiscal autonomy

Under existing law, local government units, in addition to having administrative autonomy in the exercise of their functions, enjoy fiscal autonomy as well. Fiscal autonomy means that local governments have the power to create their own sources of revenue in addition to their equitable share in the national taxes released by the national government, as well as the power to allocate their resources in accordance with their own priorities. It extends to the preparation of their budgets, and local officials in turn have to work within the constraints thereof. They are not formulated at the national level and imposed on local governments, whether they are relevant to local needs and resources or not. Hence, the necessity of a balancing of viewpoints and the harmonization of proposals from both local and national officials, who in any case are partners in the attainment of national goals. (Pimentel v. Aguirre, supra.)

1) Includes power to tax

Fiscal autonomy entails “the power to create… own sources of revenue. In turn, this power necessarily entails enabling local government units with the capacity to create revenue sources in accordance with the realities and contingencies present in their specific contexts. The power to create must mean the local government units’ power to create what is most appropriate and optimal for them; otherwise, they would be mere automatons that are turned on and off to perform prearranged operations. (Demaala v. COA, En Banc, G.R. No. 199752, 17 February 2015)

Although the power to tax is inherent in the State, the same is not true for LGUs because although the mandate to impose taxes granted to LGUs is categorical and long established in the 1987 Philippine Constitution, the same is not all encompassing as it is subject to limitations as explicitly stated in Section 5, Article X of the 1987 Constitution, viz.: “SECTION 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments.” (Batangas City v. Pilipinas Shell Petroleum Corporation, G.R. No. 187631, 08 July 2015)

Per Section 5, Article X of the 1987 Constitution, “the power to tax is no longer vested exclusively on Congress; local legislative bodies are now given direct authority to levy taxes, fees and other charges.” Nevertheless, such authority is “subject to such guidelines and limitations as the Congress may provide”. (Pelizloy Realty Corporation v. The Province of Benguet, G.R. No. 183137, 10 April 2013)

d. Decentralization of administration only, not power

Decentralization simply means the devolution of national administration, not power, to local governments. Local officials remain accountable to the central government as the law may provide. (Pimentel v. Aguirre, supra.)

Autonomy is either decentralization of administration or decentralization of power. There is decentralization of administration when the central government delegates administrative powers to political subdivisions in order to broaden the base of government power and in the process to make local governments “more responsive and accountable,’” and “ensure their fullest development as self-reliant communities and make them more effective partners in the pursuit of national development and social progress.” At the same time, it relieves the central government of the burden of managing local affairs and enables it to concentrate on national concerns. The President exercises “general supervision” over them, but only to “ensure that local affairs are administered according to law.” He has no control over their acts in the sense that he can substitute their judgments with his own. (Limbona v. Mangelin, En Banc, G.R. No. 80391, 28 February 1989)

Decentralization of power, on the other hand, involves an abdication of political power in the favor of local government units declared to be autonomous. In that case, the autonomous government is free to chart its own destiny and shape its future with minimum intervention from central authorities. According to a constitutional author, decentralization of power amounts to “self-immolation,” since in that event, the autonomous government becomes accountable not to the central authorities but to its constituency. (Limbona v. Mangelin, supra.)

Under the Philippine concept of local autonomy, the national government has not completely relinquished all its powers over local governments, including autonomous regions. Only administrative powers over local affairs are delegated to political subdivisions. The purpose of the delegation is to make governance more directly responsive and effective at the local levels. In turn, economic, political and social development at the smaller political units are expected to propel social and economic growth and development. But to enable the country to develop as a whole, the programs and policies effected locally must be integrated and coordinated towards a common national goal. Thus, policy-setting for the entire country still lies in the President and Congress. (Pimentel Jr. v. Aguirre, supra.)

18. Public service

Article II of the 1987 Philippine Constitution states:

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

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. 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.

These sections on public service are further reinforced by other constitutional provisions and legislations that reiterate the importance and critical principle of public service – that public office is a public trust.

• Implementing Rules and Regulations of Republic Act No. 11059

• Republic Act No. 1379 – An Act Declaring Forfeiture in Favor of the State Any Property Found to have been Unlawfully Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefore

• Article XI – 1987 Philippine Constitution – Accountability of Public Officers

• Republic Act No. 6770 – Ombudsman Act of 1989

• Republic Act No. 3019 – Anti-graft and Corrupt Practices Act

• Republic Act No. 6713 – Code of Conduct and Ethical Standards for Public Official and Employees

• Implementing Rules of RA 6713 – Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act No. 6713)

• Revised Penal Code (Title II) – Crime Against the Fundamental Laws of the State Revised Penal Code (Title VII)

• Republic Act 7080 – An Act Defining and Penalizing the Crime of Plunder

• Republic Act No. 10589 – An Act Declaring December of Every Year as “Anti-Corruption Month” in the Entire Country