Political Law Review

Principles and State Policies Case Doctrines

1. Villavicencio vs Lucban
Ours is a government of laws and not of men.
2. Tuason vs RD
Purpose of Separation of Powers: To prevent the concentration of authority in one person or
group or persons that might lead to an irreversible error or abuse in its exercise to the
detriment or republican nations: To secure action, to forestall over reaction, to prevent
despotism and obtain efficiency
3. Angara vs Electoral Commission
Role of Judiciary: Note that when the court mediates to allocate constitutional boundaries or
inva;idates the acts of a coordinate body, what it upholds is not its own superiority but the
supremacy of the constitution
4. Marcos vs Manglapus
The Supreme Court justified that the action of President Aquino in banning the return of the
Marcoses to the Philippines on the basis of the Presidents Residual Powers.
The first and safest criterion to determine whether a given power has been validly exercised
by a particular department is whether or not the power has been conferred upon the
department claiming its exercise --- since the conferment is usually done expressly.
However, even in the absence of express conferment, the exercise of the power may be
justified under the doctrine of necessary implication, i.e. that the grant of an express power
carried with it all the other powers that may be reasonably inferred from it. Note also that
there are powers which although not expressly conferred nor implied therefrom, are
inherent or incidental, e.g. the Presidents power to deport undesirable aliens which may be
exercised independently of constitutional or statutory authority, because it is an act of
state.
5. Casibang vs Aquino
Political and Justiciable Questions: A purely justiciable question implies a given right, legally
demandable and enforceable, an act or omission violative of such right, and remedy granted
and sanctioned by law for said breach of right.
6. Garcia vs Exec Sec
Permissible Delegation: Tariff Powers to the President, as specially provided in sec 28(2),
Art VI: the Congress may, by law, authorize the president to fix within the specified limits,
and subject to such limitations and restrictions as it may impose, tariff rates, import and
export quotas, tonnage and wharfage dues, and other duties or imposts within the
framework of the national development program of the government
The taroff qand custom code grants such stand-by powers to the president. The supereme
could upheld the constitutionality of executive orders nos. 475 and 478, which levied a
special duty of 0.95 per liter on imported crude oil, and P1.00 per liter on imported oil

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products, as a valid exercise of delegated legislative authority under the tariff and customs
code.
7. Araneta vs Dinglasan
Emergency powers to the president, as provided in sec 32(2), Art VI: In times of war or other
national emergency, the congress may, by law, authorize the president, for a limited period
and subject to restrictions as it may prescribe, to exercise powers necessary and proper to
carry out a declared national policy. Unless sooner withdrawn by resolution of the congress
such powers shall cease upon the next adjournment thereof.
An example of this is RA 6826, approve on December 20, 1989. The president issued National
Emergency Memorandum Orders (NEMOs) in the exercise of delegated legislative powers.
8. Chiongbian vs Orbos
Test for Valid Delegation- Sufficient Standard Test: On the challenge relative to the validity
of the provision of RA 6734, which authorized the president to merge by administrative
determination, the regions remaining after the establishment of the Autonomous Region of
Muslim Mindanao, the court said that the legislative standard need not be expressed, it may
simply be gathered or implied; neither should it always be found in the law challenged,
because it may be found in other statutes on the same subject. In this case, the standard was
found in RA 5435 on the power of the president to reorganize the executive department to
promote simplicity, economy and to enable it to pursue programs consistent with national
goals for accelerated social and economic development.
9. Kuroda vs Jalandoni
Doctrine of Incorporation: By virtue of this clause, our courts have applied the rules of
international law in a number of cases even if such rules had not previously been subject of
statutory enactments, because these generally accepted principles of international law are
automatically part or our own laws.
10. Sec of Justice vs Lantion
However as applied in most countries, the doctrine of incorporation dictates that rules of
international law are given equal standing with, and are not superior to, national legislative
enactments. Accordingly, the principle of lex posterior derogat priori takes effect. In states
where the constitution is the highest law of the land, such as the Republic of the Philippines,
both statues and treaties may be invalidated if they are in conflict with the constitution.
11. Alih vs Castro
Civilian Supremacy: Civilian Authority is, at all times, supreme over the military. The armed
forces of the Philippines is the protector of the people and the stat. Its goal is to secure the
sovereignty of the state and the integrity of the national territory
12. Lim vs Exec Sec
Art II: The Philippines consistent with the national interest, adopts and pursue a policy of
freedom from nuclear weapons in its territory
The supreme court said that these provisions, along with sec. 2, art II, Sec 21 Art VII and sec
26 Art XVIII, betray a marked antipathy towards foreign military presence in the country, or
of foreign influence in general.
13. Calalang vs Williams
Promotion of Social Justice: The state shall promote social justice in all phases of national
development. (sec 10 art II)
14. Postigo vs PSTI
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 Sec 9, 10 and 18 Art II

15. PT&T vs NLRC
Fundamental equality of men and women Sec 14 Art II
The Supreme Court held that the petitioners policy of not accepting or considering as
disqualified from work any woman worker who contracts marriage, runs afoul of the test of,
and the right against discrimination, which is guaranteed all women workers under the
constitution. While a requirement that a woman employee must remain unmarried may be
justified as a bona fide occupational qualification where the particular requirements of the
job would demand the same, discrimination against married women cannot be adopted by
the employer as a general principle.
16. Oposa vs Factoran
Promotion of health and ecology: Sec 15 Art II, Sec 16 Art II and Secs 11-13 Art XIII
It was held that the petitioners, minors duly joined by their respective parents, had a valid
cause of action in questioning the continued grant of timber license agreements for
commercial logging purposes, because the cause focuses on a fundamental legal right: the
right to a balanced and healthful ecology.
17. Villar vs TIP
Priority to education, science, technology, etc. Sec 17 Art II
The court said that the requirement that a school must first obtain government
authorization before operating is based on the state policy that educational programs and/or
operations shall be of good quality and therefore, shall at least satisfy minimum standards
with respect to curricula, teaching staff, physical plant and facilities and administrative and
management viability.
Academic Freedom
18. Soriano vs Pineda
Right to education
Article II, 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 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.
19. Phil Assoc of Service Exporters vs Drilon
In reference to the recurring problems faced by our overseas workers, what concerns the
constitution more paramountly is that such an employment be above all, decent, just and
humane. It is bad enough that the country has to send its sons and daughters to strange lands,
because it cannot satisfy their employment needs at home. Under these circumstances, the
government is duty bound to provide them adequate protection, personally and
economically, while away from home.
20. Assoc of Phil Coconut Distributors vs PHILCOA
Self- Reliant and independent economic order Sec 19 Art II
SC held that although the constitution enshrines free enterprise as a policy, it nevertheless
reserves to the government the power to intervene whenever necessary for the promotion
of the general welfare, as reflected in sec. 6 and 19 Art XII.
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21. Basco vs Pagcor

Autonomy of Local Government Sec25 Art II Art X
SC said that local autonomy under the 1987 constitution simple means decentralization, and
does not make the local government sovereign within the state or an imperium in emperio
22. Pamatong vs Comelec
Equal access of opportunities for public service sec 26 art II
SC said that this provision does not bestow a right to seek presidency; it does not contain a
judicially enforceable constitutional right and merely specifies a guideline for legislative
action. The provision is not intended to compel the state to enact positive measures that
would accommodate as many possible into public office. The privilege may be subjected to
limitations. One such valid limitation is the provision of the Omnibus Election Code on
nuisance candidates.
23. Legaspi vs Civil Service Commission
Honest public service and full public disclosure sec 27 art II
The state shall maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption. 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.
24. Aquino- Sarmiento vs Morato
Honest public service and full public disclosure sec 27 art II

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