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STATE POLICIESIX. Independent Foreign PolicySection 7.The State shall pursuean independent foreign policy. In itsrelations with other states theparamount consideration shall benational sovereignty, territorial

integrity, national interest, and theright to self-determination.The word relations covers the whole gamut oftreaties and international agreements and otherkinds of intercourse.121

X. Freedom from Nuclear WeaponsSection 8.The Philippines consistent with thenational interest, adopts and pursues apolicy of freedom from nuclearweapons in its territory.

A. Scope of PolicyThe policy includes the prohibition not only of thepossession, control, and manufacture of nuclearweapons but also nuclear arms tests.

B. Exception to the PolicyException to this policy may be made by thepolitical department but it must be justified by thedemands of the national interest.122The policy does not prohibit the peaceful use ofnuclear energy.123

C. Implication of the Policy for the Presence ofAmerican TroopsAny new agreement on bases or the presence of

the troops, if ever there is one, must embody thebasic policy of freedom from nuclear weapons.Moreover, it would be well within the power ofgovernment to demand ocular inspection andremoval of nuclear arms.

XI. Just and Dynamic Social OrderSection 9.The State shallpromote a just and dynamic socialorder that will ensure the prosperityand independence of the nationand free the people from povertythrough policies that provideadequate social services, promote

full employment, a raising standardof living, and an improved quality oflife for all.

XII. Social JusticeSection 10.The State shallpromote social justice in all phasesof national development

A. Definition of Social JusticeSocial Justice is neither communism, nordespotism, nor atomism, nor anarchy, but thehumanization of the laws and the equalizationof the social and economic forces by the State

so that justice in its rational and objectivelysecular conception may at least beapproximated. (Calalang v. Williams)Social justice simply means the equalization ofeconomic, political, and social opportunities withspecial emphasis on the duty of the state to tilt thebalance of social forces by favoring thedisadvantaged in life.

XIII. Respect for Human DignitySection 11.The State values thedignity of every human person andguarantees full respect for humanrights.

The concretization of this provision is foundprincipally in the Bill of Rights and in the human

rights provision of Article XIII.126Facts: Petitioners questioned the constitutionalityof PD 1869, which created the PAGCOR andauthorized it to operate gambling casinos, on theground that it violated Sections 11, 12 and 13 ofArticle II of the Constitution.Held:These provisions are merely statements of

policies which are not self-executing. A law has tobe passed to implement them. (Basco v. PAGCOR,197 DCRA 52)127

XIV. Family; Rearing the YouthSection 12.The State recognizesthe sanctity of family life and shallprotect and strengthen the familyas a basic autonomous socialinstitution. It shall equally protectthe life of the mother and the life ofthe unborn from conception. Thenatural and primary right and dutyof parents in rearing of the youthfor civic efficiency and thedevelopment of moral charactershall receive the support of thegovernment.

Section 13.The State recognizesthe vital role of the youth in nationbuildingand shall promote andprotect their physical moral,spiritual, intellectual, and socialwell-being. It shall inculcate in theyouth patriotism and nationalism,and encourage their involvement in

public and civic affairs.

A. FamilyFamily means a stable heterosexual relationship.The family is not a creature of the State.128

B. Effect of the Declaration of FamilyAutonomyIt accepts the principle that the family is anterior tothe State and not a creature of the State. It protectsthe family from instrumentalization by the State.129

C. Purpose of Assertion of Protection of theUnborn

The purpose of the assertion that the protectionbegins from the time of conception is to preventthe State form adopting the doctrine in Roe v.Wade which liberalized abortion laws up to thesixth month of pregnancy by allowing abortion anytime during the first six months of pregnancyprovided it can be done without danger to themother.

D. Legal Meaning of the ProtectionGuaranteed forthe Unborn.

1. This is not an assertion that the unborn is a

legal person.2. This is not an assertion that the life of theunborn is placed exactly on the level of the lifeof the mother. (When necessary to save thelife of the mother, the life of the unborn may besacrificed; but not when the purpose is merelyto save the mother from emotional suffering,for which other remedies must be sought, or tospare the child from a life of poverty, which canbe attended to by welfare institutions.)130

E. EducationIn the matter of education, the primary and naturalright belongs to the parents. The State has a

secondary and supportive role.

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Foreign Language.The State cannot prohibit theteaching of foreign language to children beforethey reach a certain age. Such restriction doesviolence both to the letter and the spirit of theConstitution. (Meyer v. Nebraska)

Public School.The State cannot require children

to attend onlypublic schools before they reach acertain age. The child is not a mere creature of theState. Those who nurture him and direct his destinyhave the right to recognize and prepare him.(Pierce v. Society of Sisters)

Religious Upbringing.The State cannot requirechildren to continue schooling beyond a certainage in the honest and sincere claim of parents thatsuch schooling would be harmful to their religiousupbringing. Only those interests of the State of thehighest order and those not otherwise served canoverbalance the primary interest of parents in thereligious upbringing of their children. (Wisconsin v.Yoder)

Parens Patriae. However, asparens patriae, theState has the authority and duty to step in whereparents fail to or are unable to cope with theirduties to their children.

XV. WomenSection 14.The State recognizesthe role of women in nationbuilding,and shall ensure thefundamental equality before the lawof women and men.The provision is so worded as not to automaticallydislocate the Civil Code and the civil lawjurisprudence on the subject. What it does is togive impetus to the removal, through statutes, ofexisting inequalities. The general idea is for the lawto ignore sex where sex is not a relevant factor indetermining rights and duties. Nor is the provisionmeant to ignore customs and traditions.131In Philippine Telegraph and Telephone Co. v.NLRC, 1997, the Supreme Court held that thepetitioners policy of not accepting or consideringas disqualified from work any woman worker whocontracts marriage , runs afoul of the test of, andthe right against discrimination, which is

guaranteed all women workers under theConstitution. While a requirement that a womanemployee must remain unmarried may be justifiedas a bona fide qualification where the particularrequirements of the job would demand the same,discrimination against married women cannot beadopted by the employer as a general principle.

XVI. Health

Section 15.The State shall protectand promote the right to health ofthe people and instill healthconsciousness among them.

The provisions which directly or indirectly pertain tothe duty of the State to protect and promote thepeoples right to health and well-being are notselfexecutory.They await implementation by Congress.

XVII. Balanced and Healthful Ecology

Section 16.The State shall protectand advance the right of the people toa balanced and healthful ecology inaccord with the rhythm and harmonyof nature.Section 16 provides for enforceable rights. Hence,

appeal to it has been recognized as conferringstanding on minors to challenge logging policies

of the government. (Oposa v. Factoran)While the right to a balanced and healthfulecology is to be found under the Declaration ofPrinciples and State Policies and not under the Billof Rights, it does not follow that it is less importantthan any of the civil and political rights enumeratedin the latter. Such a right belongs to a different

category of rights for it concerns nothing less thanself-preservation and self-perpetuation. Thesebasic rights need not even be written in theConstitution for they are assumed to exist from theinception of humankind. (Oposa v. Factoran,1993)

On this basis too, the SC upheld the empowermentof the Laguna Lake Development Authority (LLDA)to protect the inhabitants of the Laguna Lake Areafrom the deleterious effects of pollutants comingfrom garbage dumping and the discharge ofwastes in the area as against the local autonomyclaim of local governments in the area. (LLDA v.CA, 1995)

XVIII. Education, Science and Technology

Section 17.The State shall givepriority to education, science andtechnology, arts, culture and sportsto foster patriotism, nationalism,accelerate social progress, andpromote total human liberation anddevelopment.(See Article XIV, Section 2)This does not mean that the government is not freeto balance the demands of education against other

competing and urgent demands. (Guingona v.Carague)In Philippine Merchant Marine School Inc. v. CA,the Court said that the requirement that a schoolmust first obtain government authorization beforeoperating is based on the State policy thateducational programs and/or operations shall be ofgood quality and, therefore, shall at least satisfyminimum standards with respect to curricula,teaching staff, physical plant and facilities andadministrative and management viability.While it is true that the Court has upheld theconstitutional right of every citizen to select aprofession or course of study subject to fair,

reasonable and equitable admission and academicrequirements, the exercise of this right may beregulated pursuant to the police power of the Stateto safeguard health, morals, peace, education,order, safety and general welfare.Thus, persons who desire to engage in the learnedprofessions requiring scientific or technicalknowledge may be required to take an examinationas a prerequisite to engaging in their chosencareers. This regulation assumes particularpertinence in the field of medicine, in order toprotect the public from the potentially deadlyeffectsof incompetence and ignorance. (PRC v. De

Guzman, 2004)

XIX. Labor

Section 18.The State affirms laboras a primary social economic force.It shall protect the rights of workersand promote their welfare.A primary social economic force means that thehuman factor has primacy over non-human factorsof production.Protection to labor does not indicate promotion ofemployment alone. Under the welfare and socialjustice provisions of the Constitution, the promotion

of full employment, while desirable, cannot take abackseat to the governments constitutional duty to

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provide mechanisms for the protection of ourworkforce, local or overseas. (JMM Promotion andManagement v. CA, 260 SCRA 319)What concerns the Constitution more paramountlyis employment be above all, decent, just andhumane. It is bad enough that the country has tosend its sons and daughters to strange lands,

because it cannot satisfy their employment needsat home. Under these circumstances, theGovernment is duty bound to provide themadequate protection, personally and economically,while away from home. (Philippine Association ofService Exporters v. Drilon, 163 SCRA 386)

XX. Self-Reliant and Independent Economy

Section 19.The State shalldevelop a self-reliant andindependent national economyeffectively controlled by Filipinos.This is a guide for interpreting provisions onnational economy and patrimony. Any doubt mustbe resolved in favor of self-reliance andindependence and in favor of Filipinos.A petrochemical industry is not an ordinaryinvestment opportunity, it is essential to nationalinterest. (The approval of the transfer of the plantfrom Bataan to Batangas and authorization of thechange of feedstock from naptha only to napthaand/or LPG do not prove to be advantageous tothe government. This is a repudiation of theindependent policy of the government to run itsown affairs the way it deems best for nationalinterest.) (Garcia v. BOI)The WTO agreement does not violate Section 19 ofArticle II, nor Sections 10 and 12 of Article XII,because said sections should be read andunderstood in relation to Sections 1 and 3, ArticleXII, which requires the pursuit of a trade policy thatserves the general welfare and utilizes all formsand arrangements of exchange on the basis ofequality and reciprocity. (Tanada V. Angara)

XXI. Private Sector and Private Enterprise

Section 20.The State recognizesthe indispensable role of the privatesector, encourages private

enterprise, and provides incentivesto needed investments.Section 20 is an acknowledgment of theimportance of private initiative in building thenation. However, it is not a call for officialabdication of duty to citizenry. (Marine RadioCommunications Association v. Reyes)Although the Constitution enshrines free enterpriseas a policy, it nevertheless reserves to theGovernment the power to intervene whenevernecessary for the promotion of the general welfare,as reflected in Sections 6 and 19 of Article XII.

XXII. Comprehensive Rural Development

Section 21.The State shallpromote comprehensive ruraldevelopment and agrarianprogram.(See Article XIII, Sections 4-10)Comprehensive rural development includes notonly agrarian reform. It also encompasses a broadspectrum of social, economic, human, cultural,political and even industrial development.

XXIII. Indigenous Cultural Communities

Section 22.The State recognizes

and promotes the rights ofindigenous cultural communities

within the framework of nationalunity and development.(See Article VI Section 5(2); Article XII, Section 5;Article XIV, Section 17)

XXIV. Independent Peoples Organizations;Volunteerism

Section 23.The State shallencourage non-governmental,community-bases, or sectoralorganizations that promote thewelfare of the nation.(See Article XIII, Sections 15-16)The provision recognizes the principle thatvolunteerism and participation of non-governmentalorganizations in national development should beencouraged.133

XXV. Communication and Information

Section 24.The State recognizesthe vital role of communication andinformation in nation-building.(See Article XVI, Sections 10-11; Article XVIII,Section 23)The NTC is justified to require PLDT to enterinto an interconnection agreement with acellular mobile telephone system. The orderwas issued in recognition of the vital role ofcommunications in nation-building and toensure that all users of the publictelecommunications service have access to allother users of service within the Philippines.(PLDT v. NTC)

XXVI. Local Autonomy

Section 25.The State shall ensurethe autonomy of local governments.(See Article X)Local autonomy under the 1987 Constitution simplymeans decentralization and does not make thelocal governments sovereign within the State or animperium in imperio. (Basco v. PAGCOR)Decentralization of administration is merely adelegation of administrative powers to the localgovernment unit in order to broaden the base of

governmental powers. Decentralization of power isabdication by the national government ofgovernmental powers.Even as we recognize that the Constitutionguarantees autonomy to local government units, theexercise of local autonomy remains subject to thepower of control by Congress and the power ofgeneral supervision by the President. (Judge Dadolev. Commission on Audit, 2002)

XXVII. Equal Access to Opportunities

Section 26.The State shallguarantee equal access to

opportunities for public service, andprohibit political dynasties as maybe defined by law.

Purpose.The thrust of the provision is to imposeon the sate the obligation of guaranteeing equalaccess to public office.134There is no constitutional right to run for or holdpublic office. What is recognized is merely aprivilege subject to limitations imposed by law.Section 26 of the Constitution neither bestows suchright nor elevates the privilege to the level of anenforceable right. (Pamatong v. COMELEC)

XXVIII. Public Service

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Section 27.The State shallmaintain honesty and integrity inpublic service and take positive andeffective measures against graftand corruption.(See Article IX-D; Article XI, Sections 4-15)

XXIV. Full Public Disclosure(1989 and 2000 Bar Question)

Section 28. Subject to reasonableconditions prescribed by law, theState adopts and implements apolicy of full public disclosure of allits transactions involving publicinterest.(Article III, Section 7; Article VI Sections 12 and 20;Article VII, Section 20; Article XI, Section 17; ArticleXII, Section 21)It is well established in jurisprudence that neitherthe right to information nor the policy of full publicdisclosure is absolute, there being matters which,albeit of public concern or public interest, arerecognized as privileged in nature. (Akbayan v.Aquino, 2008)

(1996 Bar Question)A law was passed dividing the Philippines intothree regions (Luzon, Visayas and Mindanao)each constituting an independent state excepton matters of foreign relations, nationaldefense and national taxation, which arevestedin the Central Government. Is the law valid?The law dividing the Philippines into three regionseach constituting an independent state and vestingin a central government matters of foreign relations,national defense and national taxation isunconstitutional.1. It violates Article I, which guarantees theintegrity of the national territory of the Philippinesbecause it divided thePhilippines into three states.2. It violates Section 1, Article II of theConstitution which provides for theestablishment of democratic and republicstates by replacing it with three statesorganized as a confederation.

3. It violates Section 22, Article II of theConstitution, which, while recognizing andpromoting the rights of indigenous culturalcommunities, provides for national unityand development.4. It violates Section 15, Article X of theConstitution, which, provides forautonomous regions in Muslim Mindanaoand in the cordilleras within the frameworkof national sovereignty as well asterritorial integrity of the Republic of thePhilippines.5. It violates the sovereignty of the Republicof the Philippines.