Outline - State Principles.docx

THE PREAMBLE; NATIONAL TERRITORY; FUNDAMENTAL PRINCIPLES & STATE POLICIES I.

The Preamble

II.

Art. I. The National Territory

III.

Art. II. Fundamental Principles and State Policies A. Sec. 1 and 3: Republicanism; Supremacy of Civilian Authority B. Sec. 2 (part): The Incorporation clause CASES: Kuroda v. Jalandoni, 42 O.G. 4282 (83 Phil 171) Co Kim Chan v. Valdez Tah Keh, 75 Phil 113 Ichong v. Hernandez, 101 Phil 1155 Gonzales v. Hechanova, 9 SCRA 230 In re Garcia, 2 SCRA 984 C. Sec. 2 (part), 7, and 8: Renunciation of War; Independent Foreign Policy; Nuclear-Free Policy 1. See also Sec. 25, Art. XIII (re former US Military Bases) 2. Significance of the phrase “consistent with national interest” in Sec. 8 D. Sec. 4: Defense of the State CASES: Pp. v. Lagman, GR No. 45892, July 13, 1938 Pp. v Soza, GR No. 45893, July 13, 1938 E. Sec. 6: Separation of Church and State 1. See also Sec. 5, Art. III (The non-establishment clause and free-exercise clause) CASE: Aglipay v. Ruiz, 64 Phil 201 F. Sec. 9, 10, 11, 18, and 21: Social Justice; Human Rights 1. See also Art. XIII (Social Justice and Human Rights) 2. Definition of Social Justice CASES: Calalang v. Williams, 70 SCRA 726 Ass’n of Small Landowners v. Secretary of Agrarian, 175 SCRA 343 G. Sec. 12, 13, 14: The Family; Youth; Women 1. See Sec. 14, Art. XIII (re working women) CASE: PT&T v. NLRC, GR No. 118978, May 23, 1997 2. See also Art. XIV (The Family) H. Sec. 15 and 16: Right to Health; Right to Healthful and Balanced Ecology CASES: Oposa v. Factoran, G.R. No. 101083 July 30, 1993 LLDA v. CA, G.R. No. 110120, March 16, 1994 I. Sec. 17: Education, Science and Technology, etc. 1. Read also Art. XIV (Education, Science and Technology, etc.) J. Sec. 19: National Economy 1. Read also Art. XII (National Economy and Patrimony) CASES: Tanada vs. Angara, GR No. 118295, May 2, 1997 Garcia vs. Corona, G.R. No. 132451, Dec 17, 1999 K. Sec. 22: Indigenous Cultural Communities CASE: Cruz vs. Secretary, G.R. No. 135385, Dec 6, 2000

L. Sec. 25: Local Autonomy 1. Read Art. X. Local Government (NOTE: Separately covered by the study of the Local Government Code of 1991) M. Sec. 26: Opportunities for Public Service and Anti-Political Dynasty CASE: 17. Pamatong vs. COMELEC, GR 161872, 13 April 2004 N. Sec. 27 and 28: Honesty and Integrity in Public Service 1. Read Art. XI (Accountability of Public Officers) 2. Read the salient features of the proposed Freedom on Information (FOI) bill