BTX

San Beda College-Manila

College of Law

Q: If the State is liable, does it mean that you can already execute the judgment?
A: No. As held in Republic vs. Villasor, every disbursement of public funds shall be covered by a
corresponding appropriation passed by the Legislature. A judgment against the State, in a case
where it consents to be sued, simply implies that the Legislature will recognize the judgment as
final and make provisions for its satisfaction.

Garnishment

General Rule: Whether the money is deposited by way of general or special deposit, it remains as
government funds and may not be subject to garnishment.
Exception: When a law or an ordinance has been enacted appropriating a specific amount to pay
a valid government obligation, then the money can be garnished.

STATE POLICY
Q: What is the State’s policy on the family?
A: The first part of Article II, Section 12 states that “The State recognizes the sanctity of family
life and shall protect and strengthen the family as a basic autonomous social institution.”

It means that the State is enjoined to strengthen the family or is prohibited from adopting
measures which can impair the solidarity of the Filipino family. Calling the family a “basic”
social institution is an assertion that the family is anterior to the State and is not a creature of the
State. The categorization of the family as “autonomous” is meant to protect the family against
instrumentalization by the State.

Q: Considering the policy on the family, do you think the Congress can enact a law on
divorce?
A: Yes. The constitutional provisions on marriage do not imply that the Legislature cannot enact
a law allowing absolute divorce. While it is fundamental that marriage must be protected, it is
likewise to be acknowledged that there may be certain cases where the parties might have
undergone a marriage ceremony to bind themselves together but, subsequently, no functional
marital life would exist. Hence, there is no marriage to preserve at all. The Legislature has the
plenary power to decide what sort of situations allowing absolute divorce may be recognized
within the limits allowed by the Constitution. (Sta. Maria)

Q: What is the prime duty of the government?

A: To serve and protect the people.

BTX Notes in Constitutional Law 1

Brotherhood. Trust. Xcellence.
There’s no other way but the BTX Way. Page 17
 BTX
San Beda College-Manila
College of Law

Q: What is the policy of the State with respect to war? Is it contradictory to Section 4 of
Article II which states that “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.”?
A: Section 2 of Article II states that “The Philippines renounces war as an instrument of national
policy xxx.”

No. What is renounced by the Philippines through the Constitution is aggressive war, not
defensive war, because of its membership in the United Nations (UN) whose charter renounces
war as an instrument of national policy of its member-States. As a signatory to the UN Charter,
the Philippines adheres to Article 2 (4) of the UN Charter which states: “All Members shall
refrain in their international relations from the threat or use of force against the territorial
integrity or political independence of any state, or in any other manner inconsistent with the
Purposes of the United Nations.”
It does not renounce defensive war because the Government is duty-bound to protect the people,
as provided in Section 4 of Article II. The power to wage a defensive war is the very essence of
sovereignty.

The Philippines is also a signatory to the Kellog-Briand Pact, a treaty renouncing war as an
instrument of national policy of the signatory States.

Q: Can President Aquino write you a letter ordering you to report to the military
headquarters to render military service? Can you refuse?
A: Yes, and I cannot refuse. As held in the case of People vs. Lagman, the duty of the
Government to defend the State cannot be performed except through an army. To leave the
organization of an army to the will of the citizens would be to make this duty of the Government
excusable should there be no sufficient men who volunteer to enlist therein.

Q: What is the difference between aggressive war and defensive war?

A: In aggressive war, it is the State which initiates the war (the Philippines as an active subject)
as opposed to defensive war in which it is another foreign country which initiates the war and the
State only acts to defend itself (the Philippines as a passive subject).

Q: Without Section 2, do we still renounce war?

A: Yes. Even without Section 2, our policy on renunciation of war can still be traced from our
membership in the United Nations whose charter also renounces war as an instrument of national
policy of its member-States.

BTX Notes in Constitutional Law 1

Brotherhood. Trust. Xcellence.
There’s no other way but the BTX Way. Page 18
 BTX
San Beda College-Manila
College of Law

Q: What is the incorporation clause?

A: It can be found in Section 2 which states that “The Philippines...adopts the generally accepted
principles of international law as part of the law of the land...” This provision makes the
Philippines one of the States which makes a specific declaration that international law has the
force also of domestic law. International law therefore can be used by Philippine courts to settle
domestic disputes in much the same way that they would use the Civil Code or the Penal Code
and other laws passed by the Congress.

Q: Under the incorporation clause, without a law stating that the international law is
incorporated, the law is not incorporated in the land. Is this right?
A: No. Under the incorporation clause, incorporation is automatic.

Q: Can Section 4 apply even without war?

A: Yes. The citizens can be compelled to render personal, military, or civil service in times of
peace in preparation for a war which may ensue in the future.

Q: When is civilian authority supreme over the military?

A: Section 3 explicitly provides that “Civilian authority is, at all times, supreme over the
military.

Q: What is the manifestation of civilian supremacy?

A: The external manifestation that civilian authority is supreme over the military is the fact that
the President, a civilian, is the Commander-in-Chief of the Armed Forces of the Philippines.
(Sec. 18, Art. VII, 1987 Constitution)

Q: What is the principle of equality of women and men?

A: Section 14 provides that “The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women and men.”

Q: What is the fundamental equality between women and men?

A: Since there can be no absolute equality between women and men because of obvious
biological differences, fundamental equality espouses that women and women, as much as
practicable, should be accorded the same rights and treatment so that there would be
“fundamental equality before the law”.

Filipino women have proven their worth and heroism in various aspects of the country. They
have led battles, led the country in the executive, legislative and judiciary. They have not only
become partners in nation-building; they have become leaders as well. (Albano, Philippine
Government and Constitution)

BTX Notes in Constitutional Law 1

Brotherhood. Trust. Xcellence.
There’s no other way but the BTX Way. Page 19
 BTX
San Beda College-Manila
College of Law

Q: What is the policy on social justice?

A: Section 10 provides that “The State shall promote social justice in all phases of national
development.” Social justice does not mean absolute equality between the rich and the poor. It
only means that the underprivileged must be protected. This is in consonance with the words of
former President Ramon Magsaysay, “Those who have less in life should have more in law.”

Social justice cannot be invoked to perpetrate injustice. It cannot be invoked to trample upon the
rights of property owners, who, under the Constitution and laws, are entitled to protection. It is
not meant or intended to take away a right from one and give it to another not entitled thereto
simply because he is poor. It cannot nullify the law on obligations and contracts.

Q: What do you mean by social justice?

A: As beautifully defined by Justice Laurel in Calalang vs. Williams, “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.”

Q: What is the policy on the private sector?

A: Section 20 provides that “The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments.” This provision
should be read together with Section 19 stating that “The State shall develop a self-reliant and
independent national economy effectively controlled by Filipinos.”

The Constitution recognizes the private sector as a catalyst in the development of the economy,
since the resources of the government are not enough to develop the economy without sacrificing
public service. The private sector through its investments employing a lot of people is a potent
force in the advancement of the State. (Albano, Philippine Government and Constitution)

Q: What is the policy of the State on women and children, especially with regard to the
unborn?
A: Section 12 provides that “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

BTX Notes in Constitutional Law 1

Brotherhood. Trust. Xcellence.
There’s no other way but the BTX Way. Page 20
 BTX
San Beda College-Manila
College of Law

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 the moral
character shall receive the support of the Government.”

Q: What is more important for the State, the life of the mother or the life of the unborn?
A: Both. Section 12, in clear and unequivocal terms, explicitly states that “It shall equally protect
the life of the mother and the life of the unborn from conception.”

Q: What is the principle of the separation of Church and State?

A: Section 6 provides that “The separation of Church and State shall be inviolable.” It means that
on the one hand, the State is prohibited from interfering with purely ecclesiastical affairs and on
the other hand, the Church is prohibited from meddling in purely secular affairs.

But it does not mean that there is total or absolute separation. The better rule is symbiotic
relations between the Church and State. (Albano, Philippine Government and Constitution) (see
Aglipay vs. Ruiz)

Q: Does it mean that the Church is not allowed to express its opinion regarding the affairs
of the State and vice-versa?
A: No. If the Church issues a statement on public and important issues concerning the State, it is
not a violation of the separation of Church and State. It is a part of the exercise of the freedom of
expression because it is in the open market of ideas that the aims of the State of promoting a
peaceful, honest, safe, educated, humane and just society may be attained. The Church and State
are partners in promoting the common good for the people. (Albano, Philippine Government and
Constitution)

Q: What are the two (2) important aspects of the principle of separation of Church and
State?
A: (1) Non-establishment clause – “No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof...” (Sec. 5, Art. III, 1987 Constitution)
(2) Free exercise clause – “The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed.”

SEPARATION OF POWERS
Q: What is separation?
BTX Notes in Constitutional Law 1
Brotherhood. Trust. Xcellence.
There’s no other way but the BTX Way. Page 21