SCOPE OF CONSENT

Consent to be sued is not concession of liability:

Suability depends on the consent of the state to be sued, and liability on the applicable law and the established facts. The circumstance that a state is suable does not necessarily mean that it is liable, but it can never be held liable if it does not first consent to be sued. When the state does waive its sovereign immunity, it is only giving the plaintiff the chance to prove that it is liable.

[United States of America v. Guinto, 182 SCRA 644 (1990)]

13 C

.

[ART. II – DECLARATION OF PRINCIPLES AND STATE POLICIES]

Principles [sec.1-6]: Binding rules which must be observed in the conduct of government [Bernas]

(1) The Philippines is a democratic and republican state [Sec. 1]

Sec. 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

The Philippines, under the Const., is not just a representative government but also shares some aspects of direct democracy such, for instance, as the “initiative and referendum”

under Art. VI, Sec. 32 [Bernas]

(2) Renunciation of war [Sec. 2]

Sec. 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Only refers to wars of aggression, not defensive war

(3) Adoption of generally-accepted principles of international law [Sec. 2, supra]

(4) Adherence to a policy of peace, freedom, and amity with all nations [Sec. 2, supra]

(5) Civilian supremacy [Sec. 3]

Sec. 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.

Civilian authority (Section 3, Article II) is not defeated in a joint task force between the PNP and Marines for the enforcement of law and order in Metro Manila as long as control is left to the PNP. [IBP v. Zamora (2000)]

(6) Role of the armed forces [Sec. 3, supra]

(a) Protector of the people and the State (b) Secure the sovereignty of the State and

the integrity of the national territory (8) Compulsory military and civil service [Sec. 4]

Sec. 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.

N.B. Under conditions provided by law

(9) Maintenance of peace and order, promotion of general welfare [Sec. 5]

Sec. 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

(9) Recognition of hierarchy of rights [Bernas;

Sec. 5, supra]

(a) Life (b) Liberty (c) Property

(10) Separation of Church and State [Sec. 6]

Sec. 6. The separation of Church and State shall be inviolable.

14 Policies [sec. 7-28]: Guidelines for the orientation of the state [Bernas]

(1) Independent foreign policy [Sec. 7]

Sec. 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.

(2) Freedom from nuclear weapons [Sec. 8]

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

(3) Promote a just and dynamic social order [Sec.9]

Sec. 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.

(4) Promote social justice in all phases of national development [Sec. 10]

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

(5) Personal dignity and human rights [Sec. 11]

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

(6) Family as basic social institution [Sec. 12]

and natural and primary right and duty of parents in the rearing of the youth [Id.]

Sec. 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 right and duty referred to here is primary, not exclusive. The State as parens patriae has an inherent right to aid parents in the moral development of the youth. Hence, the provision in the RH Law mandating the teaching of age- and development-appropriate reproductive health education is not per se unconstitutional;

a ruling on its constitutionality would be premature absent an actual curriculum formulated by the Dept. of Education. [Imbong v.

Ochoa, G.R. No. 204819, Apr. 8, 2014, on the constitutionality of the RH Law]

(7) Protection of the life of the mother and the life of the unborn from conception [Sec. 12, supra]

The question of when life begins is a scientific and medical issue that should not be decided [in the RH petitions] without proper hearing and evidence. [Imbong v. Ochoa, supra]

(8) Vital role of youth in nation-building [Sec. 13]

Sec. 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.

(9) Role of women in nation-building [Sec. 14]

Sec. 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

15 (10) Fundamental equality before the law of

women and men [Sec. 14, supra]

(11) Right to health [Sec. 15, Imbong v. Ochoa, supra]

Sec. 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.

(12) Right to a balanced and healthful ecology [Sec.16, Oposa v. Factoran]

Sec. 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.

(13) Priority to education, science and technology, arts, culture, and sports [Sec. 17]

Sec. 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.

(14) Labor as a primary social economic force [Sec.18]

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

(15) Self-reliant and independent national economy [Sec.19]

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

(16) Role of private sector [Sec. 20]

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

(17) Comprehensive rural development and agrarian reform [Sec. 21]

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

(18) Recognition and promotion of rights of indigenous cultural communities [Sec. 22]

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

(19) Community-based, sectoral organizations [Sec.23]

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

(20) Role of communication and information in nation-building [Sec.24]

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

(21) Autonomy of local governments [Sec. 25]

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

16 (22) Equal access for public service and prohibition of political dynasties [Sec. 26]

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

The state policy against political dynasties is not self-executing. It does not provide a judicially enforceable constitutional right but merely specifies a guideline for legislative or executive action. [Belgica v. Ochoa, G.R. No. 208566, Nov.

19, 2013]

(23) Honesty and integrity in public service [Sec.

27]

Sec. 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

(24) Policy of full public disclosure [Sec. 28]

Sec. 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.

See discussion, vis-à-vis the right to information (Art. III, Sec. 7) in the Constitutional Law II reviewer.