Fundamental Principles and State Policies

Section 1

Villavicencio v. Lukban:

Mayor’s act is unconstitutional. It was not authorized by any law or ordinance. “Our government is a government of laws and not of men.”

Section 2

Kuroda v. Jalandoni:

think Japanese Lieutenant-General charged before the military commission.

Held: The Philippines can adopt the rules and regulations laid down on the Hague and Geneva Conventions notwithstanding that it is not a signatory thereto. It embodied generally accepted principles of international law binding upon all states.

Agustin v. Edu:

think triangular reflectorized early warning devices.

Held: Legislative enactment is not necessary in order to authorize the issuance of LOI prescribing the use of triangular reflectorized early warning devices. This is also an illustration of generally accepted principles of international law (Pacta sunt servanda).

Ichong v. Hernandez:

think Retail Trade Nationalization Law which is against the principle of Pacta sunt servanda.Held: the Retail Trade Nationalization Law is not unconstitutional because it was passed in the exercise of the police power which cannot be bargained away through the medium of a treaty.

Gonzales v. Hechanova:

Prevalence of National or Municipal law over International law: Constitution authorizes the nullification of a treaty, not only when it conflicts with the fundamental law, but also when it runs counter to an act of Congress.

In re Garcia

A treaty cannot modify regulations governing admission to Philippine bar (that would be an encroachment upon Supreme Court by the Executive)

Section 3

IBP vs. Zamora

the deployment of the Marines does not constitute a breach of the civilian supremacy clause. The calling of the marines in this case constitutes permissible use of military asset for civilian law enforcement. x x x The limited participation of the Marines is evident in the provisions of the Letter of Instruction (LOI) itself, which sufficiently provides the metes and bounds of the Marines’ authority. It is noteworthy that the local police forces are the ones charge of the visibility patrols at all times, the real authority belonging to the PNP. In fact, the Metro Manila Police Chief is the overall leader of the PNP-Marines joint visibility patrols.

Under the LOI, the police forces are tasked to brief or orient the soldiers on police patrol

procedures. It is their responsibility to direct and manage the deployment of the

marines. It is, likewise, their duty to provide the necessary equipment to the Marines

and render logistic support to these soldiers. In view of the foregoing, it cannot be

properly argued that military authority is supreme over civilian authority.

It is worth mentioning that military assistance to civilian authorities in various

forms persists in Philippine jurisdiction. The Philippine experience reveals that it is not

averse to requesting the assistance of the military in the implementation and execution

of certain traditionally “civil” functions. x x x Some of the multifarious activities wherein

military aid has been rendered, exemplifying the activities that bring both the civilian and

the military together in a relationship of cooperation are:

1. Elections;

2. Administration of the Philippine National Red Cross;

3. Relief and rescue operations during calamities and disasters;

4. Amateur sports promotion and development;

5. Development of the culture and the arts;

6. Conservation of the natural resources;

7. Implementation of the agrarian reform program;

8. Enforcement of customs laws;

9. Composite civilian-military law enforcement activities;

10. Conduct of licensure examinations;

11. Conduct of nationwide test for elementary and high school students;

12. Anti-drug enforcement activities;

13. Sanitary inspections;

14. Conduct of census work;

15. Administration of the Civil Aeronautic Board;

16. Assistance in installation of weather forecasting devices;

17. Peace and order policy formulation in local government units.

This unquestionably constitutes a gloss on executive power resulting from a

systematic, unbroken, executive practice, long pursued to the knowledge of Congress

and, yet, never before questioned. What we have here is a mutual support and

cooperation between the military and civilian authorities, not derogation of civilian

supremacy.